HomeMy WebLinkAboutMinutes 11-16-2021 Virtual Business Meeting 1
APPROVED 1/18/22
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
VIRTUAL BUSINESS MEETING
November 16, 2021
7:00 p.m.
The Orange County Board of Commissioners met for a Virtual Business Meeting on Tuesday,
November 16, 2021 at 7:00 p.m.
COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
and Commissioners Amy Fowler, Jean Hamilton, Sally Greene, Earl McKee, and Anna
Richards
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 Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Price called the meeting to order at 7:00 p.m.
A roll call was called; all members were present.
Due to current public health concerns, the Board of Commissioners is conducting a Virtual
Business Meeting on Tuesday, November 16, 2021. Members of the Board of Commissioners
participated in the meeting remotely. As in prior meetings, members of the public were able to
view and listen to the meeting via live streaming video at
http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
channels 1301 or 97.6 (Spectrum Cable).
In this new virtual process, there are two methods for public comment.
• Written submittals by email
• Speaking during the virtual meeting
Detailed public comment instructions for each method are provided at the bottom of this
agenda. (Pre-registration is required.)
Chair Price dispensed with reading the public charge.
Public Charge:
The Board of Commissioners pledges its respect to all present. The Board asks those attending
this meeting to conduct themselves in a respectful, courteous manner toward each other,
county staff and the commissioners. At any time should a member of the Board or the public fail
to observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the meeting
until such time that a genuine commitment to this public charge is observed. The BOCC asks
that all electronic devices such as cell phones, pagers, and computers should please be turned
off or set to silent/vibrate. Please be kind to everyone.
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1. Additions or Changes to the Agenda
None
2. Public Comments
a. Matters not on the Printed Agenda
None
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 Greene said she hoped to take a hot air balloon ride above Orange
County on November 7t" as part of first Annual Balloon Festival hosted by Lloyd's Dairy Farm,
but was unable to do so, due to bad weather. She said on Friday night she joined Chair Price
at the Justice Advisory Council meeting, where she gave a presentation on the national opioid
settlement and how the money will flow to Orange County. She said stakeholders talked in
detail about the problem in Orange County and various ways to use the money. She said it was
a good discussion and the providers had a lot to say.
Chair Price said there will be more discussion on the National Opioid Settlement later on
the agenda.
Commissioner McKee said he has no announcements tonight.
Commissioner Richards said she was in attendance with several other commissioners at
the Veteran's Day commemoration, and was able to see the progress on the monument. She
said on Friday, she attended a meeting of the Triangle Trails organization on behalf of Chair
Price and will submit notes to her. She said it was a fall meeting of commissioners from the
region, and she learned a great deal about the work going on to connect trails across North
Carolina. She said she subsequently had a great conversation with Department of
Environment, Agriculture, and Park and Recreation (DEAPR) Director, David Stancil, about
where Orange County is in that work, and she hopes to be able to promote some of the things
the County has done and is doing. She said she is learning every day about the sacred spaces
here and does not think enough is done to promote the work that is done, not only on the
Mountains-to-Sea Trail (MST), but all the other connectivity work through trails and preservation
the county is doing. She said she is looking forward to working more on that. She said she
participated today in the Chapel Hill-Carrboro City Schools (CHCCS) Safety Task Force, which
looks at how safety is provided in schools. She said this is an issue the community should
continue to pay attention to.
Commissioner Fowler said she attended the Juvenile Crime Prevention Committee
(JCPC) meeting on November 5th, with the purpose of approving previously unallocated funds.
She said about $3,000 went to the Dispute Settlement Center to attend a Restorative Justice
conference, and about $7,000 went to Haven/Wrenn House for replacing flooring. She said
there is $25,000 left in unallocated funds and JCPC is going to try to meet again if there are
local providers that have other needs. She said the funds need to be allocated by the end of
December.
Commissioner Hamilton said she has no announcements tonight.
Commissioner Bedford said the Board's retreat subcommittee met this week and
commissioners should have received an email from the Clerk to the Board asking for any
particular discussion topics. She said she attended the Orange County Partnership to End
Homelessness meeting last night.
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Chair Price reiterated that the county held the Veteran's Day program. She said the
medallions are ready to be placed in the surface of the memorial, but the granite is not yet
ready. She said anyone may purchase pavers in honor or memory of someone and the paver
will be placed right into the foundation. She said Sheriff Charles Blackwood was the guest
speaker for the event, and it was a memorable time. She said the event was well-attended,
which was uncertain due to COVID, but there ended up being more people than chairs in
attendance.
Chair Price said the Arts Commission sponsored an open-air painting event with an
exhibit at the Arts Mill. She said the event was well attended. She said one could see where
people originated next to the paintings, and there were people from all across the United
States.
Chair Price said she and the town mayors will meet with Quintana Stewart, Public Health
Director for an update on the status of the pandemic. She said the Board has received a lot of
questions about when the mask mandate will be lifted. She said the county is still looking at the
number of cases per day for seven days, and will use that metric to make decisions. She noted
that flu and cold season is beginning at this time as well.
Chair Price said the county is doing away with library fines, which may make it easier for
people to use the library. She asked if the County Manager would give a brief update on the
203 project during her report.
4. Proclamations/ Resolutions/ Special Presentations
a. Native American Heritage Month Proclamation
The Board considered approving a proclamation recognizing November 2021 Native
American Heritage Month.
BACKGROUND:
For thousands of years, various nations of Indigenous Peoples with their own tribal
governments, social organizations and cultural traditions inhabited the lands that are now
known as the United States of America. North Carolina is home to eight state recognized tribes
including the Coharie, Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin,
Occaneechi Band of the Saponi Nation, Sappony and Waccamaw-Siouan. The Occaneechi
Band of the Saponi Nation lived in this region now known as Orange County, with their own
social, economic, and political systems.
Native Americans and Alaska Native peoples have struggled and persevered to maintain their
identity and their civilization despite centuries of inhumane and unjust Federal policies focused
on genocide, removal, and forced assimilation. In recognition of this history, President Joseph
R. Biden signed a Presidential Memorandum committing his administration to fulfilling Federal
trust and treaty responsibilities, respecting Tribal self-governance, and consulting with Native
American Nations on policy issues.
On August 3, 1990, President George H. W. Bush declared November as National Native
American Heritage Month. The month is a platform for Native Americans to share their culture,
traditions, arts, and concepts of life, as well as a time for others to celebrate contributions by
Native Americans and honor their influence on the advancement of the United States. The
theme of November 2021 is "Strong Roots in Changing Times" to reflect the resilience of Native
Americans throughout the pandemic and continued preservation of their culture and traditions.
Chair Price said guests from the Occaneechi-Saponi Tribal Council were in attendance.
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Chair Price read the following proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
NATIVE AMERICAN HERITAGE MONTH PROCLAMATION
WHEREAS, for millennia, various nations of Indigenous Peoples with their own tribal
governments, social organizations and cultural traditions had inhabited the lands, now the
United States of America; and
WHEREAS, North Carolina is home to eight state recognized tribes including the Coharie,
Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi
Nation, Sappony and Waccamaw-Siouan; and
WHEREAS, the Occaneechi Band of the Saponi Nation, having their own social, economic, and
political systems, dwelt in this region now known as Orange County; and
WHEREAS, in the 18t" century, the United States of America was founded on a concept that all
people are created equal, yet Native Americans and Alaska Native peoples have struggled and
persevered to maintain their identity and their civilization despite centuries of inhumane and
unjust Federal policies focused on genocide, removal, and compulsory assimilation; and
WHEREAS, Native Americans have served and continue to serve in the Armed Forces—
including the Native American Code Talkers in World War I and World War II —defending the
United States and continue to serve at a higher rate than any other ethnic group in the Nation;
and
WHEREAS, President Joseph R. Biden signed a Presidential Memorandum committing his
Administration to fulfilling Federal trust and treaty responsibilities, respecting Tribal self-
governance, and conducting regular and robust consultations with Native American Nations on
a range of policy issues; and
WHEREAS, Deb Haaland of the Pueblo of Laguna now serves as United States Secretary of
the Interior, becoming the first Native American in United States history to serve in the Cabinet;
and
WHEREAS, on August 3, 1990, then-President George H. W. Bush declared November as
National Native American Heritage Month with a landmark bill honoring the Tribal People of
America, which began in 1976, when Jerry C. Elliott-High Eagle, a Cherokee/Osage Indian,
authored Native American Awareness Week legislation; and
WHEREAS, National Native American Heritage Month is a platform for Native Americans to
share their culture, traditions, arts, and concepts of life, as well as a time for others to celebrate
the myriad of contributions by Native Americans and honor their influence on the advancement
of the United States; and
WHEREAS, the theme this year is "Strong Roots in Changing Times" to reflect the resilience of
Native Americans throughout the pandemic and continued preservation of their culture and
traditions;
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NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim
November 2021 as NATIVE AMERICAN HERITAGE MONTH, and urges all residents to
observe this month by participating in activities and ceremonies, to celebrate November 26,
2021 as Native American Heritage Day this month and every month, and to honor the cultures
and contributions of Native Americans by committing to freedom, peace, and justice for all.
This 16t" day of November 2021.
Renee A. Price, Chair
Orange County Board of Commissioners
A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to
approve the proclamation recognizing November 2021 as Native American Heritage Month and
authorize the Chair to sign.
Roll call ensued
VOTE: UNANIMOUS
Tony Hayes said the Tribal Council and the entire Occaneechi Nation are very
appreciative of the support always given by Orange County and continued collaboration. He
said the Tribe is appreciative of the awareness, recognition and the work the county does in the
name of all diversity and including American Indians. He said he is honored to be here and to
be recognized by the commissioners. He said he looks forward to continued collaboration and
support from the county.
Beverly Payne thanked the commissioners for this recognition and said it has been a
pleasure to work with the commissioners on different boards and projects and hopes it has
been theirs as well.
Tammy Hayes-Hill thanked the commissioners for this recognition. She said she is a
tribal member and council member. She said she manages the website and currently has the
proclamations from the President and Governor Cooper on the website, and is proud to place
this proclamation there as well.
Chair Price asked Beverly Payne if she wanted to speak about the dedication coming up
next year.
Beverly Payne said the tribe is having a dedication of the reconstructed village in
Hillsborough on April 23, 2022. She said the hope is to make it at least a four-hour event with
re-enactors acting out the late 1600-1700 period, and there will also be tribal members acting in
the present day. She said this will be a "then and now" type of demonstration and everyone is
invited to attend.
Commissioner Fowler said she remembers when she was five years old, and someone
came by her house in Davie County and told her that her backyard was a Native American
graveyard. She said as she grew up she learned that all of the land here belonged to Native
Americans. She said she has always tried to learn more and hopes others will also make an
effort to understand that Native Americans were not only here first but continue to be here and
be strong and have communities that people do not learn about in history books. She said she
appreciates the effort the Tribal Council is making to educate everyone.
Commissioner Bedford said she remembers her son took AP U.S. History and then went
on to Appalachian State to study Recreation Management. She said preserving and enhancing
Native American lands and cultural artifacts came up in class and another student said, "let's
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just have a treaty." She said due to growing up in Orange County her son was able to say that
every single treaty has been violated and that is not a solution. She said as more people learn
history and more is taught in schools, everyone will benefit. She said she will put the April 23rd
event on her calendar.
Commissioner Richards said one of the things she did with her children when they were
growing up was try to learn the traditions of the native people, and one of the things they try to
do is incorporate gratitude in their daily lives. She said native people are thankful for everything
in nature from the stars, to the sky, to the ground upon which we all walk. She thanked the
native tribes for sharing this land and their customs, and honored the ancestors that have come
before.
Commissioner Hamilton said thank you for the proclamation and recognition of a
community that has persisted through many challenges in the national history. She said it
reminds her that there is Native American lineage in her own background, and while her African
American heritage tends to be emphasized, she remembers the family stories of Native
Americans in her family tree. She said she hopes to attend on April 23rd because it is
something she wants to learn more about and remember as part of her identity.
Commissioner Greene thanked the Tribal Council members for attending and said she
has learned that Native Americans have always lived with a respect for the earth. She said the
culture of the native peoples can be instructive to others in at least trying to go back to ways of
cooperating with the earth rather than consuming the earth.
Commissioner McKee said it is essential to recognize everything in the proclamation,
and he is looking forward to the event next year. He said there was a display hung up in the
Link Government Services Building that was put together by some of the tribal elders and it
included tobacco that was grown on his farm.
Chair Price said, like Commissioner Hamilton, her great-great grandmother was
Cherokee and little is known about her besides having a picture of her and knowing she was a
schoolteacher. She said it is so important to know who we are and where we come from and
that we all are one. She said when there are events and meetings, it is important to give thanks
first to the First Nations People to acknowledge that the land belongs to them.
Tony Hayes invited the commissioners to attend the biggest annual festival of American
Indians happening virtually on November 20th at the NC Museum of History. He said the event
is free and is the largest gathering of all the tribes in North Carolina. He said it is a good place
to start for those wanting to learn more.
5. Public Hearings
a. Public Hearing on 2020 Consolidated Annual Performance Report (CAPER) for the
HOME Investment Partnerships (HOME Program)
The Board held a public hearing on the draft Consolidated Annual Performance Report
(CAPER) for the HOME Investment Partnerships (HOME) Program.
BACKGROUND:
Each year, Orange County reports on activities undertaken with funds from the U.S.
Department of Housing and Urban Development through the HOME Program. This annual
report, called the Consolidated Annual Performance Report (CAPER), documents the progress
towards implementing the priorities and activities identified in the Annual Action Plan. During the
2020 CAPER period (July 1, 2020 through June 30, 2021), the County disbursed approximately
$200,000 in HOME funds and an additional $45,000 in local matching funds (contributed by the
Towns of Chapel Hill, Carrboro, and Hillsborough, as well as the County) for eligible housing
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activities. These activities included provision of down payment assistance for low-income
homebuyers and provision of tenant-based rental assistance.
Orange County must hold a public hearing to obtain residents' comments and feedback on the
Consolidated Annual Performance Report (CAPER). Members of the public may also submit
comments during the public comment period (November 16 — December 1, 2021) to Erika
Brandt, Community Development Manager, by email (ebrandt(cD-orangecountync.gov), by mail
(PO Box 8181, Hillsborough, NC 27278) or by telephone (919-245-4331).
Erika Brandt, Housing and Community Development Manager, reviewed the background
information for the item. She said HOME is a federal block grant program from the Department
of Housing and Urban Development (HUD) that allocates funds to communities across the
country based on a formula that looks at population and other factors. She said Orange County
is a consortium of the county and towns, and is the entity that receives the HOME funds. She
said the Local Government Affordable Housing Collaborative is made up of one elected official
from each jurisdiction in the consortium. She said this group makes funding recommendations
on how the consortium should award HOME funds. She said recommendations go before each
of the governing boards of the four jurisdictions for approval. She said the CAPER is an annual
report that talks about how the consortium allocated HOME funds from a given program year,
and how funds were actually dispersed in that program year. She said even though the
program year aligns with the county's fiscal year, the actual timeline for dispersing those funds
spans a lot longer than a year. She said it is common for an agency to receive funds during a
program year but not spend them until a year or more later. She said typically agencies apply
for HOME funds well before they are needed, in order to plan in advance. She reviewed the
executive summary from the evening's agenda packet.
Commissioner Fowler asked if CASA kept the same allocation for the nine units for
people with disabilities.
Erika Brandt said she can look into that and get back to her.
Commissioner Richards asked what happens to returned funds.
Erika Brandt said the funds are put back to the pot and added to the 2021 pot of funds.
She said this is the first year there was enough funding to fully fund all requests.
Commissioner Richards clarified that those funds are not part of this report.
Erika Brandt said that is correct, that award was just made last fiscal year and this report
is from the previous year.
Commissioner Richards asked if the funds have been dispersed.
Erika Brandt said no the funds have not been dispersed, but the award went to Habitat
for homeownership assistance, but they are still drawing down funds for past fiscal years.
Commissioner Richards asked if other organizations can apply for the funds.
Erika Brandt said yes organizations did apply and the funds were awarded to Habitat.
Commissioner Hamilton asked if project-based vouchers could be explained.
Erika Brandt said the Housing Authority administers the Section 8 Housing Choice
Voucher Program, which has always been tenant-based in past. She said project-based
vouchers are going to be for rental subsidies that are tied to a particular unit rather than a
tenant. She said this will be more similar to public housing or any kind of affordable subsidized
housing where the unit is subsidized and the renter can live there if they apply and qualify.
Commissioner Greene said CASA applied for low income housing tax credit (LIHTC)
status and was not successful, so then applied for HOME money and tried again for LIHTC and
was awarded. She said because they knew that was their goal, they were strictly following
federal guidelines for percentages of units that have to be affordable to different levels of
people, and she does not think the allocation of units will change.
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Chair Price asked if there is a time limit for when the projects need to be completed.
Erika Brandt said the funds have to be expended within five years of the funds being
committed, which is not the same date as when the county awards them. She said the
commitment happens after an environmental review is done, if one needs to be done for a
project, and once the development agreement is signed. She said this typically happens around
one year after the award is made, and thus funds are typically spent within six years.
A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
open the public hearing.
Roll call ensued
VOTE: UNANIMOUS
PUBLIC COMMENT:
None
Chair Price noted that no one is signed up to speak for the public hearing and said the
public has until December 1, 2021 to submit written comments.
A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to
close the public hearing and allow the public to submit any additional comments to the county
through the methods noted above by December 1, 2021.
Roll call ensued
VOTE: UNANIMOUS
b. Public Hearing on Orange CountV's HOME-ARP Allocation Plan
The Board held a public hearing on Orange County's HOME-ARP Allocation Plan.
BACKGROUND:
The American Rescue Plan Act of 2021 appropriated $5 billion nationwide to provide housing,
services, and shelter to individuals experiencing homelessness and other vulnerable
populations. The funds were allocated by formula to jurisdictions through the U.S. Department
of Housing and Urban Development (HUD) HOME Investment Partnership (HOME) Program.
This funding is called "HOME-ARP". In September 2021, HUD awarded the Orange County
HOME Consortium (which consists of the County—the "lead entity" for the Consortium — and
the Towns of Carrboro, Chapel Hill, and Hillsborough) $1,371,401 in HOME-ARP funds.
HOME-ARP can fund the following eligible activities:
(1) development of affordable housing;
(2) tenant-based rental assistance;
(3) provision of supportive services (such as housing counseling, homelessness prevention,
moving costs) and;
(4) acquisition and/or development of non-congregate shelter units.
Funds must primarily benefit individuals and households in the following "Qualifying
Populations":
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• Experiencing homelessness
• At risk of homelessness
• Fleeing domestic violence, dating violence, sexual assault, stalking, or human trafficking
• Other populations with high risk of housing instability (including highly cost-burdened
low-income households, households who have moved two or more times in the last 60
days, and households living in a hotel)
Led by the Local Government Affordable Housing Collaborative (a group made up of one
elected official from each jurisdiction that comprises the Consortium), the Orange County
HOME Consortium must develop an Allocation Plan to identify priority housing and service
needs in the community that may be supported with HOME-ARP funds and to describe the
process that will be used to distribute HOME-ARP funds. The Consortium's $1.3 million in
HOME-ARP may not be used for eligible housing projects or activities until an Allocation Plan is
approved by HUD. It is not expected that any funds will be committed or disbursed in the near
future, since the Consortium is just now starting the planning process. The Allocation Plan will
determine how the HOME-ARP funds will be awarded to projects or activities and lay out,
broadly, which types of eligible uses the Consortium plans to prioritize.
Once the Allocation Plan is created, staff will follow the process outlined in the Plan. For
example, if (based on the community engagement and needs assessment process) the
Collaborative decides to distribute HOME-ARP funds through a competitive application process
and to prioritize development of affordable housing, staff would then issue a funding application
for affordable housing development projects.
As part of the development of the Plan, Orange County must consult with stakeholders that
work with the "Qualifying Populations" listed above. County and town staff are actively engaging
stakeholders by presenting at meetings, soliciting feedback through a survey, and incorporating
feedback from the Towns' community engagement processes around ARPA funding.
As the lead entity of the Consortium, the county must hold a public hearing to obtain residents'
comments and feedback on how the HOME-ARP funds should be awarded. Members of the
public may submit comments at the public hearing and during the public comment period
(November 16 — December 1, 2021) to Erika Brandt, Community Development Manager, by
email (ebrandt(a-)_orangecountync.gov), by mail (PO Box 8181, Hillsborough, NC 27278) or by
telephone (919-245-4331).
The county will hold a second public hearing in the next 3-6 months. Between the first and
second public hearings, staff will develop a draft HOME-ARP Allocation Plan based on the
feedback received during the first public hearing and public comment period, from the other
community engagement and stakeholder consultation efforts (including a survey and
presentations at community meetings), and from the ARPA public participation processes being
conducted by the Towns of Carrboro and Chapel Hill.
After the second public hearing on the draft HOME-ARP Allocation Plan, staff will incorporate
public feedback into the Plan and present a final version for approval by the Collaborative.
Once the Collaborative approves, the four governing boards of the jurisdictions that comprise
the HOME Consortium (the towns and the county) must approve the Plan and authorize Orange
County, as lead entity, to submit the Plan to HUD. HUD is responsible for final approval of the
Plan, at which point, the Consortium may begin to use its HOME-ARP funds. To use the funds,
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the county will submit draw requests to HUD through its finance system on a reimbursement
basis. Any HOME-ARP funds not disbursed by September 30, 2030 will revert back to HUD.
Corey Root, Housing and Community Development Director, reviewed the background
information for this item. She said this money is coming into the county in addition to the
HOME funding Erika Brandt just spoke on. She said like the HOME funding, the HOME-ARP
funding is awarded to the county through the consortium. She said traditional HOME funds and
HOME-ARP funds have some similar eligible activities but some differences as well. She said
the eligible activities as well as the population the funds are geared toward for HOME-ARP
funds are detailed above in the background information for the item.
Corey Root said non-congregate sheltering was used during the pandemic for folks in
the congregate shelters in the county. She said the HOME-ARP funds may be used for the
acquisition of non-congregate sheltering and explained that communities found in doing that,
COVID transmission was lower, but it also allowed people who were not able to tolerate
congregate shelters to have shelter and be connected to resources where they may not have
been otherwise.
Corey Root said this public hearing is the beginning of a lot of planned public outreach
before the consortium begins awarding funds. She said the community input survey can be
found at www.tinyurl.com/OC-Home-ARP, and comments can also be sent to staff through
December 1, 2021. She said Orange County has $1.3 million, one time, nonrecurring funding.
Commissioner Greene asked if there is any real possibility of purchasing a hotel or
some suitable structure for non-congregate shelter in Orange County.
Corey Root said staff is looking into this option after being asked by the Local
Government Affordable Housing Collaborative to do so. She said it is something that other
communities are looking at and is a very specific project communities might consider with this
funding.
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
open the public hearing.
Roll call ensued
VOTE: UNANIMOUS
PUBLIC COMMENT:
None
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
close the public hearing and allow the public to submit any additional comments to the county
through the methods noted above by December 1, 2021.
Roll call ensued
VOTE: UNANIMOUS
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6. Regular Agenda 52
a. Green Tract Resolution Approving the Draft Recombination Plan and Conceptual
Plan
The Board considered approval of the Greene Tract Resolution Approving the Draft
Recombination Plat and Conceptual Plan for the 60-acre Portion of the Greene Tract in County
Ownership and the 107-acre Portion of the Greene Tract in Joint Ownership between Orange
County, the Town of Chapel Hill, and the Town of Carrboro.
BACKGROUND:
The Greene Tract is a 167 acre parcel of which 107 acres is jointly owned by Orange
County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters Preserve).
The parcel is located east of the Rogers Road community within the Town of Chapel Hill's ETJ
(Extra-Territorial Jurisdiction)— see vicinity map in Attachment 2.
In May 2017, a joint staff work group began to examine the preservation and development
potential of the Greene Tract. This process included specific elements and goals including, but
not limited to:
■ Incorporate a future elementary school and park site,
■ Preserve valuable environmental features and corridors,
■ Protect historical and cultural resources,
■ Encourage cost effective infrastructure, and
■ Identify areas for future development.
In addition, the Managers, Mayors, and Chair (MMC) group recommended staff examine the
reconfiguration of the joint-owned and County-owned tracts.
Greene Tract Resolution for a Path Forward
In January 2020, the Towns and County adopted the 2020 Greene Tract resolution. Not only
did this resolution identify land use acreages for the Greene Tract and initiate an environmental
assessment, but it also initiated the drafting of an Interlocal Agreement between the three
jurisdictions.
Greene Tract Environmental Assessment
The Greene Tract Resolution for a Path Forward initiated the drafting of an environmental
assessment in order to obtain site-specific information on environmental and cultural conditions
present on the Greene Tract. Following a Request for Proposal (RFP) and bid process,
SynTerra was selected to complete the Environmental Assessment. Beginning in May 2020,
SynTerra reviewed background information, conducted fieldwork, and completed an
environmental analysis of the Greene Tract. The final assessment was presented to the local
governments in July 2020 and can be found at the following link:
https://www.orangecountync.gov/DocumentCenter/View/l 4103/2020-Greene-Tract-
Environmental-Assessment.
2021 Greene Tract Interlocal Agreement
The Interlocal Agreement Between Orange County and the Towns of Carrboro and Chapel Hill
Regarding the Current and Future Use of the Jointly Owned Greene Tract adopted by the three
local governments in April 2021 provided a decision-making process for the three local
governments and other key elements including:
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■ Required that the parties act jointly in selecting professional services; entering into
development agreements; engaging in public outreach; receiving public input; assigning
the Mayors, Chair, and Managers to form a working group to negotiate ultimate uses of
the Greene Tract before submitting their recommendations to the governing boards of
the parties; and reaching final determinations of the ultimate uses of the property within
18 months of execution of the Agreement;
■ Agreed that the initial intent of the parties is for the property to include mixed use (e.g.
residential and/or low intensity commercial, service uses, and maker/incubator space,
which serve the needs of the surrounding neighborhoods) affordable housing, a school
site with a public recreation component, a joint preserve area, and connectivity
(pedestrian, vehicular, utility, transportation).
Modifications to the County-Owned (Headwaters Preserve) and Joint-Owned Tracts
Over the summer, planning, environmental, stormwater, transportation, surveying, and
engineering staff met to review the findings of the Greene Tract Environmental Assessment and
discuss other key elements (i.e. connectivity, green space, infrastructure, land use, transit, etc.)
in order to assist in determining the modified parcel lines of the County-owned (60 acres) and
Joint-owned (107 acres) tracts.
One of the main goals of this process was to encompass the most environmentally sensitive
features of the Greene Tract within the County-owned (Headwaters Preserve) or future Greene
Tract Preserve areas. The purpose of this was to protect and preserve these areas in the future
while balancing development goals of the Greene Tract related to affordable and mixed income
housing (housing which is affordable to residents at different income levels) needs and the
public school and recreational site. In order to achieve this, environmental staff reviewed
preservation plans from 2019 and the Environmental Assessment, completed fieldwork, and
drafted new parcel lines for the County-owned and Joint-owned tracts. The proposed parcel
lines were presented to the MMC for their review. Based on comments received from the MMC,
land use acreages designated in the 2020 Resolution, and additional analysis and fieldwork,
modified parcel lines for the County- and Joint-owned tracts were drafted (Attachment 3). The
final draft of the proposed County-owned and Joint-owned parcels was utilized in preparing the
draft recombination plat and conceptual plan contained in Attachment 1.
September 30 and October 21 Managers, Mayors, and Chair(MMC) Meetings
The Greene Tract staff work group presented the draft Resolution and conceptual plan for
review and comment. In addition, the group reviewed and outlined next steps including
community outreach meetings.
November 2021 Community Open House and Virtual Meeting
Local government staff members conducted two outreach events in order to update the
community on the status of the Greene Tract, present the draft resolution and conceptual plan,
review next steps, and receive any questions or comments.
■ Sunday, November 7 - In-person Open House at RENA Community Center
■ Monday, November 8 - Virtual Engagement Session
Information regarding these events, including comments and questions received at both events,
can be found at the following link: https://www.orangecountync.gov/2127/Greene-Tract. A
summary of key themes and comments received at these events will be shared at the BOCC
meeting.
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Greene Tract Resolution Approving the Draft Recombination Plat and Conceptual Plan
The proposed Resolution (Attachment 1) continues efforts outlined in the 2020 Greene Tract
Resolution for a Path Forward and the 2021 Interlocal Agreement. Furthermore, this resolution
includes a culmination of work and contribution including the community, planning,
environmental, surveying, transportation, and engineering staff, and the Managers, Mayors, and
Chair (MMC) group. The main elements of the resolution include the following:
1. Approve the draft recombination plat contained in Exhibit 1 of Attachment 1.
■ This will allow for modifications to the County-owned tract (60 acres) and Joint-
owned tract (approximately 107 acres). Additional maps illustrating the
modifications to the existing Greene Tract parcel lines are contained in
Attachments 3 and 4. Attachment 4 illustrates the exchange of acreage from
Joint ownership to County ownership and County ownership to Joint ownership.
This map is related to land owner and transfer changes, which may occur
through the recombination process.
2. Approve the Greene Tract Conceptual Plan contained in Exhibit 2 of Attachment 1.
■ This will allow for land uses and acreages, originally designated in the 2020
Greene Tract Resolution, to be identified and located on a conceptual plan.
Please note the proposed land uses identified and sited on the Joint-owned
portion of the Greene Tract contains net acreage totaling approximately 104
acres. This total excludes approximately 3 acres which is contained within the
railway right of way.
■ The Greene Tract Conceptual Plan is a proposed schematic for future planning
purposes and shall not be considered a development plan or application. The
following land uses and acreages are designated on the plan:
— Headwaters Preserve — 60 acres
— Greene Tract Preserve — 22 acres
— Development—66 acres
— Public School and Recreational site — 16 acres
3. Authorize Managers to sign the final recombination plat as the property owners for the
three local governments.
■ Once the draft recombination plat is approved as part of this Resolution, Town of
Chapel Hill Surveying staff will move forward with completing the final
recombination plat. This action will allow for the County and Town Managers to
sign the recombination plat as owners. Once signed, the final recombination plat
will be reviewed by the Town of Chapel Hill Planning staff before final recordation
at the Orange County Register of Deeds Office.
4. Continue to solicit input from the public, governing boards, specialized staff, and
housing partners, during the master plan and development agreement process.
The Joint Resolution is planned for adoption consideration at the November 16 Carrboro Town
Council meeting and the November 17 Chapel Hill Town Council meeting. Any amendments to
the Joint Resolution by the Town of Chapel Hill or the Town of Carrboro would prompt a return
to the BOCC for consideration.
Greene Tract Update
Additional information on the Greene Tract is contained in Attachment 5. Staff will not present
the update at the BOCC meeting, but will be available to address any questions. Additional
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background information related to the Greene Tract, including the 2020 Resolution and 2021
Interlocal Agreement, can be found at this link: https://www.orangecountVnc.gov/2127/Greene-
Tract.
Chair Price thanked staff for all of the work they have put into this issue in all three
jurisdictions, including coming up with the plans, working with SynTerra, making sure that
everyone got to see the report when it was completed, keeping information up to day on the
website, and for the cooperation with Town of Carrboro and Town of Chapel Hill. She also
specifically thanked Public Information Officer, Todd McGee, for sending information out in his
weekly newsletter each week.
Craig Benedict made the following PowerPoint presentation:
Slide #1
ORANGE COUNTY
NORTH CAROLINA
Item 6,a - Greene Tract Resolution Approving the
Draft Recombination Plat and Conceptual Plan
BOCG Meeting
November 16, 2021
Craig Benedict said he is presenting on behalf of the three local governments because
Carrboro is voting on this Resolution tonight and Chapel Hill is voting on this Resolution
tomorrow night. He said this is a common resolution between all three jurisdictions, and will
approve the Draft Recombination Plat and the Conceptual Plan for the Greene Tract. He
resumed the PowerPoint presentation:
15
Slide #2
Preamble
2020 Resolution adopted by all three local
governments
r` Orange County adopted January 21, 2020
https:llw".om n aecou ntvnc.aovlDoc u mentCenterNiewt1725612020-Re solution-for-a-
Path-Forward•Process•For•Further-Aswssmen t-oF-the-G reene-Traci
1. Agree to acreages and land uses
A. 22 acres -Greene Tract Preserve
B. 16 acres -Public school and recreational site
C. 66 acres -Housing and mixed-use
2. Reconfigure 60 acres - Orange County
Headwaters Preserve(following the completion of
items 3 and 4)
Craig Benedict said there was a 2020 resolution, adopted by all three local
governments, which instructed the next steps that staff took. He said while acreage and land
uses were assigned in the resolution, it did not put them on a map. He said by doing an
environmental analysis and outreach, the next step was creating a map.
Craig Benedict said in the late 1990s, there was a 160 acre area purchhsed for landfill
purposes, and through an agreement between the three jurisdictions, the land was split into two
pieces: 60 acres that went to the solid waste enterprise fund and 104 acres was put into joint
ownership and is now known as the Greene Tract area. He said when Orange County
repurchased the 60 acre area from itself, it was renamed the Headwaters Preserve. He said for
the purposes of tonight's discussion, the Greene Tract is focused on the 104 acres which is
jointly owned, and the Headwaters Preserve will also be mentioned, which is the 60 acres the
county purchased from itself.
Craig Benedict said the 2020 resolution pointed out that the 60 acres may not have
been the best environmental lands for the county to preserve. He said the 2020 resolution
discussed reconfiguring acreage for preservation of the best enviornmental lands. He said with
82 total acres of preserved lands, there are also 82 acres of land with development potential,
and those 82 acres would be used for housing and mixed use, as well as some for the school
site that was identified. He said the resolution also sought to keep in mind limited open land for
schools in Chapel Hill and Carrboro, and that land banking may be a possibility. He resumed
the PowerPoint presentation:
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Slide #3
Preamble
2020 Resolution Continued
3. Conduct Environmental Assessment to
determine best 82 acres to preserve
Completed July 2020(in partnership with SynTerra and
the Towns)
4. Conduct public engagement (ongoing)
-/Ongoing and includes the Rogers Road Neighborhood
Completed
v Environmental Assessment Webinar and survey-April 2021
✓Open House-November 7,2021
•Virtual Meeting—November 8,2021
5. Greene Tract MOUIILA (for decision making)
Completed April 6, 2021
Craig Benedict said the only other environmental assessments done since 2000 were
reports done by environmental staff from each of the jurisdictions. He said the SynTerra report
found the best 82 acres to preserve. He said it also determined the 82 acres ideal for
development were oriented in size and shape so that it could be served by infrastructure,
including what roads are necessary for the development side, where to get water and sewer
from, etc. He said the SynTerra report balanced issues between environmental preservation
and development potential. He said this work was completed in July 2020, and due to COVID,
public engagement had to be delayed. He said a video of the findings has been made available.
He said as years have continued, there has always been a staff team from local governments
and other people involved as well. He said a public survey was also completed in 2021, as well
as open house and virtual meetings in November 2021.
Craig Benedict's said tonight's goal is to put acreages on a map and reconnect the
Green Tract and Headwaters Preserve. He said the 2020 resolution also asked for there to be
a memorandum of understanding (MOU) between the three local governments, as this process
is taking a long time with incremental steps. He said there is a great deal to still be done, and
they need to discuss what exactly goes in those future developable areas. He said there is
agreement between the three local governments as to how to keep the process for moving
forward in the face of potential barriers/disagreements. He resumed the PowerPoint
presentation:
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Slide #4
Present and Proposed Greene Tract
Lard Use Configuration
Environmental Ni�,.,,d NW -
Assessment
and Public
Outreach
Craig Benedict said the previous ownership map is shown on the left, and the 60-acre
medium green area is the Headwaters Preserve. He said the area is not contiguous to other
identified wetland and stream buffer areas noted as the Greene Tract Reserve. He said the
right side map is a new configuration, and the medium green color would be a total of 60 acres
of county-owned preserved land, and the darker green Greene Tract Reserve would equal a
total 82 acres of preserved land. He said Syn Terra's analysis determined which areas are
jurisdictional and those that are regulatory. He said the strictest restrictions were observed, and
the review only come up with 40 total acres of jurisdictional and regulatory areas, but the group
doubled the amount and came up with buffers upon buffers to reach 82 acres. He said the
yellow area to the east on the map is part of the 66 acres to be developed. He said when this is
added to the 16-acre school site, it gives a total of 82 acres of potentially developable land,
balanced with 82 acres of preserve. He said in the agenda, there is mention of the plat being
107 acres rather than 104 acres. He said a surveyor took a look and found 3 extra acres along
the rail right of way, which is on the eastern part of the site. He said a plat will eventually be
created to show 3 acres of joint owned land as a rail right of way. He resumed the PowerPoint
presentation:
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Slide #5
Tonight's Purpose
To consider approval of the 2021 Greene Tract
Resolution
■ Approve the Draft Recombination Plat(i.e.shifts
property lines)for the:
■ County-owned tract(60 acres)and
• Joint-owned tract(approximately 107 acres)
• Approve the Conceptual Plan (I.e. placement of acreage
and land uses on the map)for the:
■ 1 U4-acre portion of the Greene Tract in Joint Ownership between
CC,CH,and C
■ 60-acre reconfigured OC Headwaters Preserve
Craig Benedict said within the last four years, there has been a lot more interest from
local governments and community to move forward. He said there are affordable housing
needs, but no decisions have been made on how this area will be developed. He said adopting
this resolution is an incremental step to determine what lands could be available and what lands
could be preserved. He said next steps will involve non-profits, the housing department, etc.
He said tonight's resolution would provide for roughly 23 acres for what was originally orange
county land will become jointly owned, and 23 acres of joint land will become part of
Headwaters Preserve, so all balances out. He said this is a conceptual plan, not developments,
and just seeks to find the best place for preservation areas and developmental areas. He said
part of that process involves the school board. He said the conceptual plan does show the
different uses on a map. He said Orange County and Carrboro did agree to put them on a map
in a 2020 resolution, but decided to do an investigation for the environmental preserve area
instead. He said 95% is the same as it was previously, but the school board has also been
involved in additional discussions to determine best school site. He resumed the PowerPoint
presentation:
Slide #6
Recommendation
The Manager recommends the Board:
■ Receive the Resolution;
■ Discuss as appropriate; and
■ Approve the Resolution contained in
Attachment 1 and authorize the Chair to sign.
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Craig Benedict said Carrboro suggested yesterday putting in information on other
studies and reserves from past 20 years under the 6t" whereas clause of the resolution. He
said the website has a host of history for steps and decisions taken and made to date. He
resumed the PowerPoint presentation:
Slide #7
Questions and Comments
Commissioner Bedford said some people are saying the land will be sold to a for-profit
developer, and asked if Craig Benedict could clarify.
Craig Benedict said no decisions about how housing will be placed on the development
have been made. He said nothing can move forward without an additional resolution agreed
upon by the three local governments.
Commissioner Bedford said usually the land is not sold, but rather is donated. She said
developers are typically contracted to do what the three local governments have determined will
be done.
Craig Benedict said the three local governments will likely set parameters of what they
expect, which is one of the methods to create affordable-housing. He said since there are 50-
60 acres that could be used, there are different opportunities available, and it is completely in
the local governments' control.
Commissioner Fowler said Craig Benedict addressed a lot of the background
information, but one concern she has is about access roads, and considering where roads will
go prior to any agreements being made. She said some people do not want roads running
through the preserved areas, due to wildlife. She asked if staff would address the issue of
roads cross-cutting preserved areas and speak about potential traffic that would come through
the Rogers Road community.
Craig Benedict said there is another road being planned through Chapel Hill that goes
from the far northwest corner that swings around and out through the future church property out
to Rogers Road. He said there would be a southern road as well, and would go out to
Homestead Road, which would be the primary access to the school site. He said there are
historic dirt roads that go through the site. He said this would not disturb any environmental
lands. He said it would be land within the preserve, but outside of the jurisdictional and
regulatory buffers for the most part. He said the road would swing into the development joint
area and be able to connect with some sort of internal network. He said it is not likely that there
will be roads over the train tracks to the east. He said no roads are on the map yet, and there
is still the opportunity to decide how the roadways would be placed on the map and can be
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tweaked as necessary to accommodate the roads. He said the Headwaters preserve is a
headwaters for three different sub-basins, and to get sewer to this area would require having
sewer services flow in three different directions. He said when sewer was installed in the
Rogers Road community some extensions were made out to this area.
Commissioner Fowler asked for a cost to develop water and sewer.
Craig Benedict said he could not say that right now, but there are options from where it
could come. He said the school site has two stub outs to the property. He said the Rogers
Road sewer project extended sewer past the animal shelter and up to the Nunn property. He
said the northern part of the site and the eastern area near the tracks would be served to the
north at that time. He said as next steps are examined in a master plan, costs for infrastructure
would be established. He said the Rogers Road sewer project was a joint effort between
jurisdictions, and he hopes any future sewer work would be accomplished similarly.
PUBLIC COMMENT
John Dempsey said the Greene Tract Forest is a 164-acre parcel of publically owned
land. He said elected officials are being asked to transfer much publically owned land for
eventual private development. He referred to proposal 6A, noting this proposal targets 66 acres
for unspecified mixed use and commercial development. He said acreage could vary up to
15% for a total of 76 acres, and 21 acres along the eastern side of the Greene tract will remain
as public owned and undeveloped land in the short term, but may be evaluated for development
in the future depending on needs at that time. He said that brings the total of public land being
developed to 97 acres, over 59% of the property. He said 16 acres are designated for public
schools and recreation site, equaling a total of 113 acres out of 164-acre tract that is being
targeted for development. He said there is no affordable housing mandated by the joint
resolution, but it includes a goal of affordable and mixed income opportunities. He said the
Board and town councils should vote no and direct planning staff to work on a plan that is more
in line with the Rogers Road: Mapping Our Community's Future report from May of 2016. He
believes doing so would garner more public support.
Nancy Oates said she is a long-time advocate for affordable housing. She said voting
on this resolution is problematic because the public still does not know the ramifications of
switching the boundaries around. She said she does not see any reason to rush. She said
there was tremendous public turnout at the in person and online meetings, but their questions
still have not been answered. She said 50 years ago elected officials dealt duplicitously with
the residents of Rogers Road, promising a recreation area, but instead the landfill was
expanded, tainting the local wells, and she has a sick feeling this duplicitousness is happening
again. She said residents of Rogers Road voices have been clear they do not want "stack them
and pack them" housing, but that is what mixed use for all income levels is. She said she did
not get support from colleagues when she suggested removing mixed use high rises from
allowable uses in 2016. She said in talking with them later, they said the plan was to sell off the
land to private developers to pay for the infrastructure and would get more money with mixed
use developments. She said the land could be donated to a nonprofit, and if that is the Board's
intent, it should be spelled out in the resolution tonight. She said potential traffic impacts have
not been explored. She said in 2019, then school board chair Joal Broun said the land was too
small for a school and wanted to discuss preserving other land in Chapel Hill for a school site.
She said the smallest school that would fit on this site is an elementary school, only if it took up
all of the recreation space. She said the Chapel Hill Town Council is leaning on the three newly
elected officials to support this and be a team player. She said the environmental report states
clearly that no infrastructure is to be laid on top of the protected areas, but maps show that this
will indeed happen.
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Robert Campbell said the Commissioners should move forward with this resolution. He
said he is not here to talk about where roads will go or how many houses will be built. He said
he is talking about moving this resolution forward so the governments and community can come
together to have discussions about those things. He said he is looking forward to the future,
and people would rather have somewhere to live than somewhere to play. He said one cannot
live on a bike or on a walking trail, but one can live in affordable, mixed-use, work force
housing. He said now is the time to do the right thing and stop dividing the community when
the naysayers say they have met with certain people. He said this is about coming together
and doing the right thing, and loving one another. He said this resolution should move forward.
Margo Lakin said she is a resident of Orange County. She said the three jurisdictions
voting for the Greene Tract proposal are holding meetings concurrently tonight, so the public
had to choose which meeting to attend. She said there is a real chance the Commissioners will
vote without hearing from constituents, and the Commissioners cannot attend the two other
meetings where they could learn further information that could influence their vote. She said
she does not see how this process equitable and inclusive. She said throughout the community
hearings, there has been no voice opposed to affordable housing. She said the Rogers Road
plan is transparent and inclusive, and specifically lists the creation of quality affordable homes
as its priorities. She said this progressive plan has been replaced with what the Board will vote
on tonight with ambiguity and double speak, but more land open for development and has
affordable housing as a goal rather than a mandate. She said the public needs to ask itself why
the plan includes mixed use and commercial development, and perhaps it is paving the way for
commercial and market rate housing development by using the pretext of much needed
affordable housing as a means to garner community support and votes no matter how much the
public has been gas slighted. She said no public questions have been answered. She said she
is concerned for the environment, and asked the BOCC to vote no on this plan.
Delores Bailey said she is a long time resident of Orange County and the Executive
Director of EmPOWERment Inc. She said she is flustered because she has been working on
the Green Tract since 2003, so she is assuming that people are just finding out about it and
that is why they feel it is being rushed through, but it is not. She said 2003-2021 is a long time,
and she urged the BOCC to approve the resolution, as it is in line with the work of the Rogers
Road community. She said that the area everyone is so proud of now used to be a landfill and
somewhere no one wanted to live. She said the people living on Rogers Road stood through all
of that and fought that environmental fight, and what they want should happen. She said this
resolution is in complete alignment with what the Rogers Road community has asked for in
mapping the future. She said is has not been rushed at all. She said she understands that not
everyone understands the terminology, but this plan is very much environmentally sensitive.
She said tonight's resolution is just so the next step can happen and planning can continue.
She said this did not start last year, and tonight is the night to approve this resolution and move
to the next step.
Abel Hastings said 167 acres should be enough to do two things, but somehow the
debate has been turned into a `this or that' decision. He said affordable housing and preserved
green spaces are both important to the community. He said he had first hand experience with
communities working together, and though he was not part of the 2016 Rogers Road team, he
was a member of Neighbors United Around the Green Tract. He said, like the 2016 team, this
citizen group took part in an inclusive planning discussion that talked about tough issues. He
said this plan does not reflect the community's common themes in 2016 or now. He said the
resolution has a few alarming features, such as the reserved land being much smaller than ever
before and does not reflect guidance from county's environmental experts. He said roadways
and sewer does not sound like environmental preservation. He said development area can
include affordable housing which is great, but there is no restriction on the amount of market
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rate commercial development. He said the Greene Tract is the largest forested area, and while
unofficial, it should be acknowledged as a park that is set to turn into development. He said he
is sad that the local governments did not follow through on recommendations from previous
teams to turn Greene Tract into both development and a park, because 167 acres should be
enough to do both.
Karen Reid said this is the culmination of years and years of planning. She thanked the
three municipalities. She said the issues of conservation and buffers for community and
headwaters are important, but she urged commissioners to move forward with the proposal and
continue having critical dialogue going forward.
Bishop Larry Reid said he lived through the Greene Tract being proposed as a landfill.
He said he has much to be thankful for that they have moved on from that, but the Rogers
Road community has still suffered greatly because of the landfill. He said this mistreatment can
be rectified by allowing the property owners to have a say in decisions. He urged the Board of
County Commissioners to please move forward.
Commissioner McKee said he has been involved in this conversation for 12 years now
and it was going on long before he got there. He said he hopes it will not continue long after he
is gone. He said many promises were made, but not kept, and the BOCC has tried to rectify
this in recent years. He said he appreciates Reverend Campbell's comments, which were
eloquent and true. He said he has heard no conversation about selling the land to commercial
development, and does not believe for one minute that the local governments will sell it to
developers. He said assigning only 20% to affordable housing is not acceptable. He said the
BOCC can lead, follow, or get out of the way. He said the county cannot get out of the way as
it is a landowner, so it needs to continue to lead. He said this is a concept plan, and it is not
meant to decide where every road and stop sign should go. He said the community can be
involved in making those decisions later. He said this plan needs to proceed.
Commissioner Richards thanked staff for the presentation, and said she is concerned by
lack of trust from the community. She said the county has proven itself to be committed to
affordable housing and conservation. She said accusations and misinformation from the public
are troubling. She said staff doubled the preservation area, and the reconfiguration is meant to
connect the two preserved areas so they are contiguous, and the Rogers Road community has
been able to speak for itself. She said as a citizen, she went to many meetings at Rogers Road
and they are speaking clearly for themselves. She said she will support moving forward.
Commissioner Hamilton thanked staff and community and elected officials for all the
years working on the Greene Tract. She said it has been 20 years of work towards this point.
She said it is an important process to hear the voice of the Rogers Road community but also
the voice of all of Orange County. She said she struggles with how and why the decision is
timed. She said there was public engagement/community outreach on November 7t" and 8t"
where questions and accusations were raised, and also confusion that staff has not had the
time to respond to. She said there is information on the website, but staff has not been able to
respond to the questions people have asked and staff has not had time to address due to the
vote on November 16t". She said the lack of trust and transparency hurts the County's ability to
do things in the long run. She suggested delaying the vote to December 14t" meeting. She
said she does not want to delay process, and is committed to seeing this property used to the
benefit of residents, and can still move this forward but do it in a way to allow people to have
questions answered. She said the municipalities and the county are committed to getting this
done and can do it in a way that is more transparent.
Commissioner Fowler said she believes in good faith that all are trying to move towards
what the community needs. She said she want to reserve green space, but there is a dire lack
of affordable housing. She said her main complaint is also about the process. She said she
first learned that this item would be on the agenda last Monday, and feels the BOCC should be
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aware of upcoming items prior to the public being informed. She said she still has many
questions: the number of affordable units, roads, traffic, etc. She said it seems that the Rogers
Road community is in favor, based on comments tonight, and she wants to honor those desires.
She said she does not want to turn the neighborhood into a highway access. She said all
details will be decided in the future and she will be pushing on those details going forward but
will likely vote in favor of this.
Commissioner Greene said this has been a long process, and she was around in 2003,
and thoughts were very different then about what the needs of the community were, etc. She
said this plan has evolved to a clear point for a couple of years now. She said she appreciates
neighbors for speaking on behalf of the Rogers Road community who suffered the
consequences of the existing landfill. She agreed that the lack of trust is disturbing, but she
does not share discomfort about the lack of details at this time. She said the BOCC is
reconfiguring the land to preserve that, which should be preserved. She said there is much to
talk about later, but she wants to move forward tonight.
Commissioner Bedford agreed with her colleagues, and noted that the BOCC does not
have any new members to seat. She said she participated in one of the zoom public sessions,
and wants to talk about what future public events should involve. She said she also found it
concerning that the public knew about this being on agenda before she did. She said she
supports moving this process forward, as she has voted for it previously. She agreed that there
are many details to determine in future conversations, especially regarding affordable housing.
She said home based businesses may be a good option, along with other small stores. She
said the voices of the Rogers Road and Eubanks Road have to be respected, and they put up
with the landfill nonsense for far too long. She said in 2007, the CHCCS asked the towns and
counties to do a search for more land for schools, and 10 properties came back. She said
several were inappropriate for school sites, and this land is truly the last and only site for a
school. She said she wants to reassure people that around 2013-2014 the schools and the
BOCC decided to put new funds towards renovating older facilities. She said the older
buildings are smaller and capacity can be expanded. She said there is a lot to consider in next
steps, and she wants to be able to respect the change in affordable housing needs as the years
go on. She said Chapel Hill's planning department will the take lead on how everyone will be
involved in the planning. She said COVID has caused delays and she looks forward to being in
person to make great progress moving forward. She said it would have been better for this to
be brought to a work session to hash out wording before bringing it to an actual vote. She said
it is not too early to think about funding while working on the budget, and do some capital
banking now. She said the county committed last $2.5 million of its affordable housing bond to
Homestead Road projects. She said there is a lot of work to do, but she is committed to it.
Chair Price said it is time to invest in the Rogers/Eubanks community. She said the
county and municipalities have treated this community unfairly for decades, and she sees this
as another step in the right direction to provide housing, stability, and other services. She said
it would be great to have a local school. She said it is important to respect the voices of people
who live there. She said she walked around the neighborhood over the years and heard about
issues with their wells in the early 1990s. She said 30 years later the county is still trying to
provide a decent neighborhood for people who have been burdened for so long. She said there
was no intention of deception from staff or elected officials, and this evening's resolution is not
too far off from what the majority of the Board vote on two years ago. She said she is surprised
by the complaints and concerns. She said the towns and the county are trying to work jointly
and have things approved in the same timeline, so by the end of the week all boards are on the
same page. She said several statements went out to the general public to show that the towns
and county are trying to work together for the benefit of the community. She said she is ready
to support the resolution.
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Commissioner McKee agreed with Chair Price's comments, and said the three partners
have to be in agreement. He said this is a reconfiguration, but is the same concept on which
the Board voted several years ago that will allow for recreation and animal movement. He said
he understands the concern with process, but there will always be a concern with process, and
at some point in time the BOCC has to move forward and now is the time.
Commissioner Richards said she is very unhappy with the process as she stood at the
Rogers Road meeting and told people the Board was not voting this week because she did not
know the Board was voting. She said she wants to be able to stand by her word. She said she
has evolve since that time and feels strongly that her personal vulnerability should not take
precedent over doing the right thing. She said moving this forward is the right thing, but wants
to have her strong displeasure with the process noted for the record. She does not want to be
put in that position again.
Commissioner Hamilton said process is important and the Board was not told this vote
was happening. She said it was not a matter of not paying attention or missing an email. She
said integrity is following a process where everyone is told, and this community is evolving with
new people are moving in all the time. She said this topic has been discussed for many years,
but some people will not have heard about it as they are new. She said just putting information
on a website is not acceptable. She said she will go ahead and support this now, but think that
answers to questions from November 7t" and 8t" should be on the website. She said the
Mayors and Chair need to rethink the whole way these meetings are done so there is no lack of
accountability to the rest of the commissioners. She said minutes may be needed. She said
timelines must be clear, and communicated well in advance. She said there is a lack of trust in
the government, and the structures are frustrating with one-way communication. She said the
BOCC needs to take responsibility to go above and beyond to make sure everyone is heard
and get the information out. She said the BOCC has the power, and bears the burden to use
best practices when working with people. She said she hopes this is the last time the Board is
in this position, as trust is important. She said the BOCC can address historical wrongs against
Rogers Eubanks community and make sure everyone gets their questions answered.
Commissioner Greene said she was also uncomfortable and unhappy that the Board did
not know this was on the agenda. She said her feelings have evolved on the issue, like
Commissioner Richards. She said there have been a lot of steps over years to get to this point,
and tonight's vote does not make any substantive decisions. She said she hopes public input is
handled in a better way going forward.
Commissioner Bedford said she wants to bring back the process from a couple of years
ago where the Mayors and Chair meetings include the vice chair and other deputies.
A motion was made by Commissioner Bedford, seconded by Commissioner McKee, to
approve the Greene Tract Resolution Approving the Draft Recombination Plat and Conceptual
Plan, and authorize the Chair to sign.
Chair Price made a friendly amendment to Commissioner Bedford's motion, to amend it
to 104 acres.
Commissioner McKee seconded.
Chair Price said she did not realize the commissioners were not getting the emails from
Maggie Chotas, facilitator for the Mayors/Chair meetings. She said she will be sure to send all
notes to the BOCC moving forward.
Roll call ensued
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VOTE: UNANIMOUS
Chair Price said this has been a long process, and all are acting with good intent. She
said the purpose of the meeting at the Rogers Eubanks Neighborhood Association was to make
sure everyone had access to the same information.
b. Opt-in to the National Settlement with Janssen and National Distributors
The Board considered entering the national settlement as previously approved by the
Board of Commissioners in Closed Session.
BACKGROUND:
As previously reported to the Board of Commissioners, the County's national attorneys have
been negotiating with multiple defendants in the national opioid litigation in order to reach a
settlement. There are two proposed nationwide settlement agreements ("Settlements") that
have been reached that will resolve all opioid litigation brought by states and local political
subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health,
and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc.,
and its parent company Johnson & Johnson (collectively, "Janssen"). This leaves open
litigation against numerous other and generally smaller corporate defendants.
The proposed Settlements require the Distributors and Janssen to pay billions of dollars to
abate the opioid epidemic. Specifically, the Settlements require the Distributors to pay up to $21
billion over 18 years and Janssen to pay up to $5 billion over no more than 9 years, for a total of
$26 billion (the "Settlement Amount"). Of the Settlement Amount, approximately $22.7 billion is
earmarked for use by participating states and subdivisions to remediate and abate the impacts
of the opioid crisis.
The Settlements also contain injunctive relief provisions governing the opioid marketing, sale
and distribution practices at the heart of the states' and subdivisions' lawsuits and further
require the Distributors to implement additional safeguards to prevent diversion of prescription
opioids.
Each of the proposed Settlements has two key participation steps. First, each state decides
whether to participate in the Settlements. North Carolina has joined both Settlements. Second,
the subdivisions within each participating state must then decide whether to participate in the
Settlements. The Board of Commissioners has approved participation in closed session and
this action is to formally enter the settlement.
By formally entering the settlement and executing the attached documents, Orange County will
release the Distributors and Janssen from further liability related to opioid impacts in Orange
County and the County will gain access to the settlement funds allotted to North Carolina.
John Roberts, County Attorney, reviewed the background information for the item, and
said this is something the Board previously tentatively approved in closed session. He said the
BOCC was previously advised as the litigation progressed, and authorized him to communicate
to the national attorneys that Orange County was willing to participate in the settlement. He said
in open session, the Board approved a memorandum of agreement with the state on how to
divide up the settlement and bankruptcy funds for the defendants. He said the settlement
agreement has a little over$22 billion from the defendants that are settling this particular
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litigation that is going to be governed by the memorandum of agreement with the state. He said
funds from bankruptcies of defendants will also be governed by the memorandum of agreement
with the state. He said 80% of the funds will go directly to local governments, and will come to
the county over the next 18 years. He said the Board is being asked to sign the participation
agreements, which will formally enter Orange County into the settlement agreement.
Commissioner Greene asked if the county and Chapel Hill will be entitled to 85% rather
than 80% for signing before October 1st
John Roberts said the county will get a distribution from that extra 5%, not receive 5%
more total. He said he does not know the dollar amount, but it is an incentive fund for counties
that got larger towns in their jurisdictions to also sign onto the settlement.
Commissioner Greene said North Carolina's share of the settlement is $750 million, so
Chapel Hill's share (based on deaths, pills distributed, etc.) is a little over 1%, which is roughly
$7.5 million. She said if the Purdue settlement is finalized, it will add another$1 million to
Orange County over 18 years.
A motion was made by Commissioner Greene and seconded by Commissioner Fowler,
to approve final entry into the settlement and authorize the Chair to sign the opt-ins and any
other documentation necessary to enter and finalize the settlement on behalf of Orange
County.
Roll call ensued
VOTE: UNANIMOUS
7. Reports
None
8. Consent Agenda
• Removal of Any Items from Consent Agenda
None
• Approval of Remaining Consent Agenda
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
approve the consent agenda.
Roll call ensued
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
None
a. Minutes
The Board approved minutes from the October 5, 2021 Virtual Business Meeting.
b. Tyler Technologies Multi-Year Contract Addendum
The Board approved and authorized the Manager to sign a five year software maintenance and
support contract addendum (paid annually) with Tyler Technologies, Inc.
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c. Approval of Inter-local Agreement Renewal and Master Plan — Little River Regional
Park and Natural Area
The Board renewed the inter-local agreement for Little River Regional Park and Natural Area
between Orange and Durham counties, for the jointly-owned park and natural area, and to
approve the Park Master Plan (which includes the Management Plan).
d. Approval of Trail Easement and Conservation Easement Amendment— Carl and Eve
Shy Property
The Board accepted a trail easement donation for the purpose of construction of a section of
the NC Mountains-to-Sea Trail (MST) and a small parking area, and to approve an amendment
of an existing conservation easement held by the County.
e. Orange County Sportplex Field House Stormwater Control Measure Access and
Maintenance Easement and Agreement with Town of Hillsborough (103 Meadowlands
Drive, Hillsborough)
The Board approved a Stormwater Control Measure Access and Maintenance Easement and
Agreement with the Town of Hillsborough for the Orange County Sportsplex Field House
Stormwater Control Measures; and considered authorizing the Chair to sign the necessary
paperwork upon final County Attorney review.
f. Fiscal Year 2021-22 Budget Amendment#4
The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year
2021-22 for the Department of Social Services; Library Services; County Attorney; Health
Department; and the Planning and Inspections Department.
g. Fine Free Initiative for Oranqe County Library Services and Approval of Budget
Amendment #4-A
The Board approved the elimination of late fines for Orange County library patrons, including
the immediate elimination of all late fines and forgiveness of all existing fines, and approve
Budget Amendment #4-A.
h. Approval of WatchGuard Agreement for In-Car Video System and Evidence
Management Software
The Board approved the WatchGuard Agreement for in-car video system and evidence
management software for the Sheriff's Office.
i. Approval of Chapel Hill-Orange County Visitors Bureau Advisory Board Amended
Policies and Procedures
The Board approved amendments to the Chapel Hill/Orange County Visitors Bureau Advisory
Board Policy and Procedures document to remove the Orange County residency requirement
for members, and to address other housekeeping updates.
9. County Manager's Report
Bonnie Hammersley reiterated that the library is going fine free. She said current fines
will be forgiven, and a press release is ready to go out in the morning so that residents know.
She said this was an anticipated item for the 2021-2022 budget, and the county tried to
coordinate timing with the Chapel Hill Library, but the town did not make the decision in time for
Orange County to catch on board. She said the libraries try to do the same things and have
similar policies and procedures. She said this is something that will be worked on by the Library
Task Force, and she looks forward to coordinating efforts between the county and town
libraries.
Bonnie Hammersley gave an update on the 203 Greensboro Project in Carrboro, which
will eventually potentially house a southern branch library and workforce development center.
She said Travis Myren sent email to the commissioners on November 11t" indicating the
increase of $5.9 million for cost of project. She said staff is conducting a value engineering
exercise, and is working on timeline for that and will bring it to the Board. She hopes to find
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ways to reduce the increase. She said the value engineering does take time, and the cost
increases are unfortunate. She said there was detail in the memo that highlighted some of the
increases, some of which were incredibly significant. She said the increases have to do with
what is happening in the economy, but it seems higher than staff expected this project to go.
10. County Attorney's Report
John Roberts said the legislature is considering three elections bills tomorrow: one
adjusts dates and times certain ballots have to be in, the other prohibits private money to be
used in funding elections or hiring elections personnel. He said the main focus is still on getting
the budget done.
Commissioner McKee asked if John Roberts to explain the second bill.
John Roberts said he does not know what led to this bill, but it adds the following
language to the elections section of the general statute "nothing in this chapter shall grant
authority to county boards of elections to accept private monetary donations, directly or
indirectly, for conducting elections or employing individuals on a temporary basis". He said if
the Commissioners are interested, he can ask for more information form the North Carolina
Association of County Commissioners (NCACC) staff. He said sometimes these bills are
directed at one county that acted in a way the legislature didn't like.
Commissioner McKee said he is interested to know more, because he does not
understand how that behavior could have been legal to start with.
John Roberts said he does not understand either, but sometimes a county will do
something the legislature does not like and they will simply clarify the law based on the
circumstance. He said he will look into the cause of the bill and report back.
11. *Appointments
None
12. Information Items
• November 4, 2021 BOCC Meeting Follow-up Actions List
• Memorandum — Outreach Status as Follow-up to the Buckhorn Area Study
13. Closed Session
None
14. Adjournment
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
adjourn the meeting at 9:38 p.m.
Roll call ensued
VOTE: UNANMIOUS
Renee Price, Chair
Tara May
Deputy Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board.