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HomeMy WebLinkAboutAgenda 04-16-24; 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 16, 2024 Action Agenda Item No. 8-a SUBJECT: Minutes DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Minutes (Under Separate Cover) Laura Jensen, 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. Attachment 1: March 7, 2024 Business Meeting FINANCIAL IMPACT: There is no financial 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. Attachment 1 1 1 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 BUSINESS MEETING 5 March 7, 2024 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Business Meeting on Thursday, March 9 7, 2024, at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene 12 and Commissioners Amy Fowler (arrived at 7:12 pm), Jean Hamilton, Earl McKee, and Anna 13 Richards 14 COUNTY COMMISSIONERS ABSENT: Commissioner Phyllis Portie-Ascott 15 COUNTY ATTORNEYS PRESENT: John Roberts 16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified 18 appropriately below) 19 20 Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present, 21 except Commissioner Fowler and Commissioner Portie-Ascott. Chair Bedford said Commissioner 22 Fowler is on her way and Commissioner Portie-Ascott is at a memorial service and sends regrets. 23 24 1. Additions or Changes to the Agenda 25 Chair Bedford read the public charge: 26 The Board of Commissioners pledges its respect to all present. The Board asks those attending 27 this meeting to conduct themselves in a respectful, courteous manner toward each other, county 28 staff and the commissioners. At any time should a member of the Board or the public fail to 29 observe this charge, the Chair will take steps to restore order and decorum. Should it become 30 impossible to restore order and continue the meeting, the Chair will recess the meeting until such 31 time that a genuine commitment to this public charge is observed. The BOCC asks that all 32 electronic devices such as cell phones, pagers, and computers should please be turned off or set 33 to silent/vibrate. Please be kind to everyone. 34 Chair Bedford explained the procedures for public comments. 35 Given the public turnout for public comment related to Triangle Youth Hockey of North 36 Carolina/Hillsborough Hogs, Chair Bedford asked John Roberts to describe the contract the 37 county has with Recreation Factory Partners (RFP), the Sportsplex management company. 38 John Roberts said the contract has been in place since 2005. He said that generally, the 39 county has no ability to get involved in the day-to-day operations of the Sportsplex, per the 40 contract. He stated that a couple of years ago language was added to the contract that provides 41 that youth sports shall cater primarily to Orange County residents, shall include practices, games, 42 and tournaments at substantially similar numbers, frequency, times, and costs to what has 43 historically been provided, and that travel youth sports shall not supplant or reduce access by 44 house or recreational youth sports and leagues. 45 46 2. Public Comments (Limited to One Hour) 47 a. Matters not on the Printed Agenda 48 Thomas Deis said that they have received an announcement that Recreation Factory 49 Partners will be starting their own league, and they will no longer be granted any ice time at the 50 SportsPlex. He said that people are upset. He said that his program costs each player under$18 51 per hour. He said that the new offer at the Sportsplex will be $33 per hour, per player and this will 2 1 price people out. He said that it is internally run, and programs are understaffed. He said it takes 2 significant staff to run a multiple age group recreational league. He said they have 50 plus 3 volunteers and 30 are USA Hockey certified coaches. He said he is concerned this change will 4 crush hockey in Orange County. He said TYHNC has the experience and volunteers available to 5 run hockey in Orange County. He asked the Board to do what they can to intervene. 6 Nichole Palombo said she is 16 and has played with the Hillsborough Hogs since she was 7 12. She said the Hogs are the longest running youth hockey program in the Triangle and have 8 been operating for over 40 years. She said it has been affordable and prevents players from 9 having to drive to Raleigh or Greensboro. She said players go on to play in college and adult 10 leagues. She said it is unethical for RFP to replace Hillsborough Hogs. She said that they make 11 hockey affordable to all players and even have equipment for those that cannot afford it. She 12 asked how a corporation could replace a non-profit and still have the same interests in mind for 13 the community. 14 Mark Bedell said he is speaking on behalf of Rachel Parrot. She has 3 kids and they have 15 been members since 2019. He said they did not know about hockey or the cost before joining 16 Hogs. He said that she is worried she will not be able to afford hockey for her kids anymore if the 17 change occurs. He said that the RFP does not provide the same level of financial support as the 18 Hogs. He said he has no faith that the Sportsplex management can accommodate the needs of 19 her family based on the currently advertised rates. He said that they have great financials and 20 have partnered with the Carolina Hurricanes. He said that no one asked families that play hockey 21 what they thought about how it should be run. He asked the Board to ensure the Hogs are able 22 to operate as they have these past years. 23 24 Commissioner Fowler arrived at 7:12 pm. 25 26 Martin Molloy said his son has played for the Hogs for 10 years and he has been a coach 27 for 5. He said USA Hockey requires a lot of hours of training to become a coach. He said the 28 Hogs put families first. He said a private entity that is profit driven means there is no accountability. 29 He said they will care more about the money than the kids. He said it is not going to expand 30 opportunities for anyone except the corporation. He said he does not want to volunteer to help a 31 private company make more money. He said RFP controlling the ice and running a league is a 32 conflict of interest. 33 Bruno Baudet said he has been a coach for over years and has coached every age group. 34 He said the Hogs are family. He said his son was born with a disability that made finding 35 environments and activities difficult and when he joined the Hogs, he thrived. He said that this 36 program is incredibly important to the entire community. He said this will have a huge impact on 37 hockey in the area. He asked the Commissioners to intervene so the Hogs can continue to run 38 as they have for the past 40 years. 39 Margo Lakin said she attended the input session in Chapel Hill regarding the rural buffer. 40 She said scientists are needed in these land use discussions. She said Orange County is part of 41 the Research Triangle. She said the plan needs to be science-based. She said if the 42 Comprehensive Land Use Plan (CLUP) is to be implemented, it needs to be fully inclusive of 43 climate change and complies with real science. She said the citizens will pay the costs and homes 44 will become affordable. She said that watersheds will be destroyed, and trees will be clearcut. 45 She said that they want a science-based plan for future generations. She said to respect the data 46 and bring science to the table for the plan. 47 John Demspey said the CLUP offers an opportunity to bring environmental goals in line 48 with land use plans. He said since the last update in 2008, a tremendous amount of peer-reviewed 49 scientific research has occurred, and they show urban stream syndrome. He said there are 50 destructive effects of urbanization on water resources and streams. He encouraged the Board to 51 look up Urban Stream Syndrome. He said the current UDOs are contributing to the development 3 1 without peer-reviewed field research. He said now is the time to align this research with the 2050 2 CLUP and have science included. 3 Tracy Shinn thanked the coaches that have taught her children during their time playing 4 for the Hogs. She said they volunteer their time for hockey and then they spend their time giving 5 back to the community in other ways. She said they have been to the schools on science nights, 6 and they showed the science of hockey. She said that the RFP fees will be too much for many 7 children. She said there should be an avenue for organizations and individuals to complain and 8 speak with the county about these issues. She encouraged the director of recreation to meet with 9 the swim teams. She said that public schools also have difficulty getting time in the pool from 10 RFP. 11 Andrew Lerner said his son Ezra is playing in his second season with the Hogs. He said 12 he understands the terms of the contract, but they can be renegotiated. He said he wants the 13 Board to intervene and save the Hogs. He said there has to be a better way to find a solution to 14 ensure that everyone's interests are protected, including the history of the Hogs. 15 Ezra Lerner said he has been playing for the Hogs for two years and has made lots of 16 friends. He said he has learned so much from his coaches. He said he thinks the Hogs will be 17 beneficial for many future children who are interested in hockey. 18 Hudson Fuller said her family first got involved when her oldest son was 7 years old, and 19 she has been a resident for over 30 years. She said it was clear from the beginning that everyone 20 was welcome regardless of skill and family income. She said that everyone supports the Hogs. 21 She said that some kids will go on to play competitively but many players just want to enjoy the 22 game without the time commitment that travel hockey requires. She said she works in non-profit 23 management and their operation is enviable based on their 990 returns. She said there is no paid 24 staff and no overhead. She said she does not know what is being proposed but does not believe 25 it can possibly be as affordable and focused on players, but even if it could be, why change what 26 has been working for the past 40 years. 27 Dave Schatten said he is a coach with the Hogs. He said he played house league hockey 28 in New York growing up. He said the Hogs experience for his kids has been better than what he 29 experienced. He said the Hogs being here for 40 years is the type of organization the community 30 would support. He said a solution could be arrived at and hopes that will happen here. 31 John Jenkins said his son has been a member of the Hogs for 2 years and they see the 32 Hogs as part of their own family. He said he was not sure his son would be able to continue 33 because of the cost of travel leagues. He said he found out the Hogs have financial aid and 34 payment plans and made it possible for his family to participate. He said otherwise his son would 35 not be able to play. He asked the Board to intervene. 36 Cornelia Nisbet said playing hockey with the Hogs has changed her life and every team 37 with the Hogs has been inclusive and unlike the experiences she hears from friends who play in 38 other leagues. She said they taught her how to play and that included how to stand on her skates. 39 She said she is worried that the RFP league will not be as inclusive and will not give players the 40 opportunity to learn. 41 Corey Holquist said the RFP programs are tailored to travel teams. He said if the Hogs 42 are forced out of the Sportsplex, many families in the area will be priced-out of hockey. He said 43 Sportsplex is offering $700 spring hockey, while the Hogs are offering $130 spring hockey. He 44 said the Hogs run the organization in such a way that hockey is accessible to anyone. 45 Chris Ambrozic said the Hogs family is important to his and thanked them for the 46 confidence they have instilled in his daughter. He asked the Board to help in any way they can. 47 Dean Petit said he has been a coach with the Hogs for years. He said he has put a lot of 48 hours into coaching and at the rink. He said they do it for their kids but also their community. He 49 said running a hockey program is not easy, but they love it. He said John Stock suggests he can 50 provide a better product, but that discounts their community. 4 1 Jim Fitz said he was heartbroken to hear that the Hogs would not be allowed ice time at 2 the Sportsplex. He said the information shared from John Stock by email to the Board is not what 3 he heard from Hogs leadership. He said he is inclined to believe the Hogs leadership, as the 4 oldest Triangle youth hockey organization. He asked the Board to broker negotiations between 5 the Hogs and RFP. 6 Jon Schreicher said his son played for 6 years with the Hogs. He said Hillsborough has 7 been a steppingstone for many people and their hockey careers. He said affordable hockey will 8 disappear in this area if this change is made. 9 Alex Charns said he was a Hogs coach for 15 years. He said he is very upset by the 10 decision made by RFP. He said this organization is very important to him and his family. 11 Kimberly Powers said she cannot say enough good things about the Hogs program. She 12 said this is the best sports program her kids have experienced. She said the Hogs program puts 13 others to shame. She said she understands the plan by the Sportsplex is to offer affordable 14 hockey, but it will not touch the experience with the Hogs. 15 Leo Charns said he thinks the house league at the Sportsplex should be run by the Hogs. 16 He said that he and his sister played for over ten years and his dad coached during that time. He 17 said he coached with the Hogs this past year and learned just how dedicated everyone is to the 18 community. He asked the Board to intervene and said that next year, the house-league should be 19 owned by the Hogs. He said he coached with the SportsPlex as well and he thinks there can be 20 a way for the Hogs to run the program next year. He said the Hogs are trusted by the community. 21 Mearis Martin said he has no association with the Hogs but asked if there is an attempt 22 by RFP to violate the contract when they create a competing organization so that it fails, and the 23 only option left would be a travel group. 24 Bridget Pemberton-Smith said she has been a resident of Orange County for 55 years. 25 She said the Hillsborough Hogs are an important part of her son's life. She said her son started 26 playing when he was 4. She said the coaching is exceptional, sportsmanship is exceptional. She 27 said the Hogs took her son to and from practices and stepped up for her family when she was 28 sick and diagnosed with stage 4 cancer. She said that they protected his mental health. She said 29 it is more than just hockey, it is so important to the youth of the county. 30 Eric Mosquin said he didn't intend to speak but his love for hockey started with the Hogs 31 and it was a great experience. He said the coaches on the Hogs were better than his other sports 32 experiences. He said the organization has sparked his love for the game and he has been playing 33 travel hockey for three years. He said that there are no experiences that compare to his time with 34 the Hogs. 35 Ian Mosquin said he learned a lot from hockey with the Hogs and they have played an 36 important role in his life. He said he has learned how to lose and win and all with respect for 37 people. He said he would not be up there if he did not care about the Hogs. 38 Jack Hudson said he just finished his third season with the Hogs. He said Hockey is not 39 often this affordable and the Hogs stand out. He said it is the most morally driven hockey program 40 he has seen. He said the decision to replace the Hogs with another house team is ill-advised. 41 Jessica Segobiano read the following statement to the Board: 42 "1 am a mom of 4 kids. All my children play hockey. My husband plays for the adult league at the 43 Sportsplex and volunteers his time to coach two separate teams. I am asking for equality for the 44 kids and parents in this community. Many have and will tell you what the organization means to 45 them. I am here to ask questions and request this board to ask them in return to the RFP 46 management company before making a decision. 47 1. Will the cost of ice per hour be the same for the house team under RFP as it currently is under 48 the Hogs? 49 2. Will the house league receive two practices a week as the kids are currently receiving under 50 the Hogs, for the same price? 5 1 3. Will financial aid be available to those who are not able to afford hockey like it currently is under 2 the Hogs organization? 3 4. Will sibling discounts be available under the RFP program like it currently is under the Hogs. 4 As of right now no Thunder or Shamrocks program offers this discount. 5 5. Will the gear shed that the Hogs currently manages and allows parents to buy used gear for$5 6 a piece or free with trade still exist under the same conditions. 7 6. Did the county or RFP solicit community feedback, and what were the results of that feedback. 8 Not only is the Hogs family centered, it is one of the only non-profit hockey organizations around 9 this area for the kids. If the answer is no to any of the questions above, I request for you to allow 10 the Hogs to maintain as the house league just as they have been doing for the past 42 years, with 11 the Thunders continuing their operation as the premium travel league. I am asking in the interest 12 of the kids and families in our community. I am seeking equality for all, without the current 13 successful financial operations of a non-profit organization, many in this community will no longer 14 be able to afford hockey. The county should not allow our highly functional and economical Hogs 15 program to be displaced by the management company. I do not see how taking a non-profit away 16 will ever be better. Again, if any of these answers are no, then it is not the same. It does not help 17 the families in this community, nor does it provide equality to all kids who want to play. 18 1 find the language by Tom McGee to be in direct conflict of what has taken place. 19 `That language provides that youth sports shall cater primarily to Orange County residents, shall 20 include practices, games, and tournaments at substantially similar numbers, frequency, times, 21 and costs to what has historically been provided, and that travel youth sports shall not supplant 22 or reduce access by house or recreational youth sports and leagues.' 23 Travel hockey has already supplanted and reduced access to house and recreational youth sports 24 and leagues. The addition of the traveling Stars team, the Shamrocks and the Carolina Thunders 25 has created scheduling issues and ice conflicts. Considering the person responsible for making 26 the schedule, is also the head coach for the Thunders, shows a direct conflict of interest. While 27 the Thunders get multi hour practices, and prime game times, Hogs, synchro and UNC have been 28 pushed into reducing ice time and accepting non-preferred hours. 29 The same rink manager is also dedicating portions of ice for private lessons, during public stick 30 and puck time. This is against the rules for stick and puck, no private lessons allowed. Parents 31 that are there helping their own children have even been approached and told they were not 32 `allowed' to coach their own child. 33 The county needs to investigate all the events that led to this situation. Community feedback 34 should be solicited to see if this is something their constituents want." 35 Tamara Segovia said she and her sister are Orange County residents. She said that she 36 wanted to speak after Leo. She was born and raised in South America and they have no ice 37 because it is so hot. She said now her son is playing ice hockey. She said Leo was the first one 38 to come over and help her learn how to dress her son in gear. She said everyone has been so 39 helpful and it is no coincidence that Leo is a Hog, and he embodies everything they represent. 40 Andrew Koruglak said his twins play hockey with the Hogs. He said RFP has characterized 41 the existence of a travel team as expanding hockey, but not everyone wants to play travel hockey. 42 He said his kids played travel hockey but now that they are starting high school, they will come 43 back to play with the Hogs. 44 45 b. Matters on the Printed Agenda 46 (These matters will be considered when the Board addresses that item on the agenda below.) 47 48 3. Announcements, Petitions and Comments by Board Members 49 Commissioner Hamilton said since the last meeting, she finished out Black History Month 50 celebrations by attending the Black History Bowl on February 24th and the Pauli Murray Awards 51 on February 25th. On February 28th she said she attended the Central Pines Executive Committee 6 1 as the Orange County Delegate and participated in the UNC public orientation for elected officials 2 on February 29th. She noted that there are no plans to build more student housing. Finally, she 3 shared that she attended the Alliance Health Board meeting earlier this afternoon. 4 Commissioner McKee said there will be an informational meeting next Monday, March 5 11th at Lattisville Grove Church to discuss the broadband services being installed throughout the 6 county. He petitioned the County Manager to research other recreational management companies 7 in the Southeast and bring forward information on those companies. 8 Commissioner Richards said she went to the Jordan Lake Nutrient Readoption 9 stakeholder meeting, and it was very informative. She said she attended the Lion King Jr. 10 production at Carrboro Elementary School and said it was an amazing show. She said she also 11 attended the Black History Knowledge Bowl and Pauli Murray Awards along with Commissioner 12 Hamilton. She said she attended the Black Business Alliance meeting at Innovate Carolina. She 13 said it was her first time there and encouraged other commissioners to visit. She said she went 14 to a couple of events related to the primary including a young voter drive at UNC, and also 15 attended the UNC public orientation Commissioner Hamilton mentioned. Finally, she took a tour 16 of Freedom House and got to see some of the new additions there, including a pharmacy. 17 Chair Bedford said the Board will be celebrating Creek Week from March 16th-23ra She 18 encouraged residents to look at the county and town websites to see how they can get involved 19 in events. She said she unfortunately had COVID, so could not participate in many events since 20 the last meeting, but said she was able to get out and vote and extended thanks to Elections staff 21 and all of the people who work at voting sites. 22 Vice-Chair Greene congratulated Commissioner Portie-Ascott for winning her primary 23 election. She said she also attended the Black History Bowl and the Pauli Murray Awards and 24 they were great events. She said she too took a tour of Freedom House and was pleased to see 25 the work happening there. She said she got an email from Katie Murray underscoring the Big 26 Night in for the Arts, which is happening tonight. She described the event and highlighted the 27 recording studio that produced part of the event called Sonark Media. She said the studio is on 28 Borland Rd. and is a great resource to know about. Finally, she described the work of Jane Saiers' 29 subcommittee on figuring out ways to keep farmers in farming and to preserve rural farmland 30 which is being lost at a dramatic rate in Orange County. She said she has been thinking about 31 how to support that effort and made a petition for Planning staff to work with Jane Saiers' 32 subcommittee to bring back the idea of Conservation Subdivisions, which allows land to be 33 clustered in order to save part of the land to be open space or used as farmland. 34 Commissioner Fowler shared that she also went on a tour at Freedom House and met 35 Joyce Harper. She said she also attended the Board of Health meeting on February 28th, as well 36 as their retreat. She said the Budget remains stable compared to last year, and learned the 37 adjudication process in the case that someone appeals a public health decision. She said she 38 also heard a preview of the Community Health Assessment which revealed that the top 39 community concerns are affordable housing, cost of healthy food, affordable health care, and 40 mental health. She said it is good to know that the Board is already focusing on these areas. She 41 said she attended the IDAL Action Team meeting, whose goal is to create a community for people 42 with IDD and allow them to age in place. She said it was one of the most fruitful times they have 43 met because they reviewed 5 possible projects in the Triangle and looked at the pros and cons 44 of each. She said she learned they are currently funding a social support person in the North 45 Street community in Durham as part of a pilot. She said that she also attended the Black History 46 Knowledge Bowl and Poetry Slam and found the students very impressive. She said this morning 47 she and Chair Bedford had an introductory meeting with Doug Plachcinski with DCHC MPO to 48 figure out interactions going forward. Lastly, she thanked all of the speakers regarding the 49 Triangle Youth Hockey and said she hopes RFP will reconsider their decision and collaborate 50 with them. 51 7 1 4. Proclamations/ Resolutions/ Special Presentations 2 None. 3 4 5. Public Hearings 5 None. 6 7 6. Regular Agenda 8 a. Amendments to the Water and Sewer Management, Planning, and Boundary Agreement 9 The Board considered a resolution approving amendments proposed by the Town of Chapel Hill 10 to the Water and Sewer Management, Planning, and Boundary Agreement. 11 12 BACKGROUND: The Water and Sewer Management, Planning, and Boundary Agreement 13 (WASMPBA) is an agreement signed in 2001 between Orange County, the Orange Water and 14 Sewer Authority (OWASA), and the Towns of Chapel Hill, Carrboro, and Hillsborough. It was last 15 amended in November 2020. The agreement provides a comprehensive county-wide system of 16 utility service areas upon which signatory entities could rely when making decisions related to 17 issues such as planning, land use, annexation, zoning, and growth management. 18 19 The Town of Chapel Hill received a request from the Chamber for a Greater Chapel Hill-Carrboro 20 to modify the boundaries of OWASA's Primary Service Area within the Town's planning 21 jurisdiction at the June 14, 2023 Council meeting (Attachment 4). At its November 15, 2023 22 Council meeting, the Town adopted a Resolution to amend the WASMPBA (Attachment 2). All 23 five signatories to the Agreement must adopt resolutions amending the Agreement before any 24 proposed amendment is incorporated into the Agreement. Materials for the November 15, 2023 25 Town Council meeting, including a staff report, are available for viewing at: 26 https://chapelhiI1.legistar.com/LegislationDetail.aspx?ID=6414722&GUID=5B798FC2-BED6- 27 47A5-BB9F-24D77186A447 The staff report prepared by Town staff includes links to additional 28 materials. 29 30 As is shown on the map attached to the Resolution in Attachment 1, the area proposed to be 31 designated OWASA Primary Service Area contains 139 parcels totaling approximately 360.23 32 acres. The area has been reviewed by OWASA staff and is technically feasible for provision of 33 both water and sewer service (Attachment 4). The map in Attachment 3 depicts the southeast 34 portion of the WASMPBA Appendix A map and shows the extent of the proposed additional 35 OWASA Primary Service Area. 36 37 The area proposed for amendment is entirely within the Town of Chapel Hill's planning jurisdiction. 38 The majority of the area (approximately 239 acres) is within the Town's Extraterritorial Jurisdiction 39 (ETJ)while approximately 121 acres to the southeast of Highway 15-501 is designated "Transition 40 Area" in the Joint Planning Land Use Plan (plan and maps available here). Both ETJ areas and 41 Transition Areas are lands expected to be served by urban services, such as public water and 42 sewer systems, and are zoned and otherwise regulated for land use by the Town of Chapel Hill. 43 Nearly all of the properties within the area of consideration are currently zoned "Residential Low 44 Density, 1 unit/acre". Rezoning of a property within a Transition Area requires a joint public 45 hearing of the Town and Orange County, unless a property is voluntarily annexed into the Town 46 of Chapel Hill, in which case a land use change such as rezoning will be solely within the Town's 47 jurisdiction. As is explained in the Town staff's report(within the link to the Town Council meeting 48 materials), some properties in the area under consideration are already served by public water 49 and/or sewer as they were connected prior to 2000, when the Town's land use plan contracted 50 the urban services area in this general area of the Town's planning jurisdiction. 51 8 1 Because the WASMPBA is a multi-jurisdiction interlocal agreement, not an adopted plan or 2 ordinance, amendments to the WASMPBA have historically occurred prior to any subsequent 3 amendment to a jurisdiction's plans or ordinances. Any necessary reviews related to subsequent 4 development occur in accordance with the relevant jurisdiction's ordinances. The WASMPBA 5 does not require any particular analyses or studies be conducted prior to amending the 6 Agreement. 7 8 The dates for considering the proposed amendment to WASMPBA have been/are as follows 9 (subject to change based on a jurisdiction's agenda review process): 10 1 1 Town of Chapel Hill - November 15, 2023 [approved] - agenda materials: 12 https://chal)elhill.legistar.com/LegislationDetail.aspx?ID=6414722&GUID=5B798FC2- 13 BED6-47A5-BB9F-24D77186A447 14 15 Town of Carrboro - February 6, 2024 [approved] - 16 https://carrboro.legistar.com/MeetingDetail.aspx?ID=1152754&GUID=B2113EBE-166D- 17 4D95-8803-AADD1 C5AA44C&Options=info &Search= 18 19 Town of Hillsborough - February 12, 2024 [approved] - 20 https://mccmeetings.blob.core.usgovcloudapi.net/hiIlsbronc-pubu/MEET-Packet- 21 f5750cdc3ecc4acf9401d22cc2a260cc.pdf 22 23 Orange County March 7, 2024 24 25 OWASA April 11, 2024 26 27 Cy Stober, Orange County Planning and Inspections Director, introduced Perdita Holtz, 28 Deputy Director for Long-Range Planning and Administration. He said she has worked with the 29 county for over 20 years and said she is very familiar with the WASMPBA and all of the various 30 amendments. 31 Perdita Holtz made the following presentation: 32 33 Slide #1 ORANGE COUNTY NORTHCAROLINA Water & Sewer Management, Planning, and Boundary Agreement (WASMPBA) Agenda Item 6a 34 9 1 Slide #2 Water & Sewer Management, Planning, and Boundary Agreement (WASI' PBA) • 5-Party Interlocal Agreement '(V41gf 41'.0 9+Wi+Win PaGw.9M RI9nn'ing And 94)4.�9Pry Ag.FblMnl — Orange County, Chapel Hill, Carrboro, l Hillsborough, OWASA i • Signed in 2009 after several years of work on the topic . • The map defines areas where parties to the agreement may r o� and may not provide water � and/or sewer service. y'h. 2 3 Perdita Holtz described the meaning of each color on the map. She clarified that Orange 4 County itself does not operate water and sewer systems. 5 6 Slide #3 Purpose (paraphrased) • To provide a comprehensive, countywide system of utility service areas. • To complement growth management, land use, and annexation plans. • To resolve in advance and preclude future conflicts about future service areas. • To provide predictable long-range water/sewer capital planning and financing. • To provide for limitations on water and sewer service in certain areas. ORANGE COUNTY NOKI-H CDLROLI.NA 7 8 9 10 1 Slide #4 Amending the Agreement Any grange requires approval Of all parties t0 the agreement ORANGECOUNTY [Y{7MA C.AROUNA 2 3 4 Slide #5 Town of Chapel Hill Proposed A I PBAAmendment Water&$ewer Proposal fqx Southern Chapel Hilt • Petition by the Chapel Hill- Carrboro Chamber of i Commerce, received in June 2023, to allow for the i expansion of water and sewer services in this area. V r :+ n 6 7 8 11 1 Judy Johnson, Assistant Chapel Hill Planning Director, made the following presentation: 2 3 Slide #1 Proposed Amendment to the WASMPBA Agreement Judy Johnson,Assistant Planning Director Town of Chapel Hill 4 5 6 Slide #2 • Chamber for a Greater Chapel Hill- Carrboro petitioned the Town of Chapel Hill to amend the agreement. • Amendment would expand the boundary Petition along the 15-541 corridor to the Chatham County line. • Chamber cited the opportunity to build transit-oriented housing and affordable housing on town-owned land. 7 8 Judy Johnson said the petition from the Chamber was received by the Town last June. 9 10 Slide #3 June 14,2023 Chamber petitioned Chapel Hill Nov 15,2023 Chapel Hill approved amendment Timeline Feb b,2024 Carrboro approved amendment Feb 12,2024 Hillsborough approved amendment Mar 7,2024 Orange County considers amendment April 11,2024 OWASA considers amendment 11 12 1 Slide #4 t ' Geographic L------------- - ..,. Area i l I 360 acres i • 139 parcels i ! ———— Current boundary i Proposed boundary ———— Planning jurisdiction i Town-owned parcel ! f a 2 3 Judy Johnson said Chapel Hill currently operates a bus route that terminates at Southern 4 Community Park (pictured on the map). She said the bus route can be extended. 5 Judy Johnson said the Town of Chapel Hill has been considering its parcel for an 6 affordable housing site. She described the lines on the map and indicated that the area in question 7 is in Chapel Hill's planning jurisdiction and is currently zoned low-density residential. She 8 explained that the proposed boundary lines are drawn based on resolutions passed by the Town 9 of Chapel Hill and Town of Carrboro which agreed to maintain the rural character of Smith Level 10 Rd., and similarly, to follow property lines and preserve the rural character of Old Lystra Rd. 11 Commissioner Fowler asked if the Heritage Hills neighborhood has water and sewer. 12 Judy Johnson said yes. 13 Commissioner Fowler asked if the homes on the other Smith Level Rd. have access to 14 the water and sewer lines. 15 Judy Johnson said there is a water line running down Smith Level Rd. and water running 16 down 15-501, but the residents cannot connect unless there is an adverse health impact to their 17 well water. 18 19 Slide #5 Will this affect the rural buffer? No, Frequently Asked Questions Is this a rezoning process? No. This process is to amend the agreement, not to rezone. 20 13 1 Slide #6 What about the watershed? • Chapel Hill's current water supply watershed maps are incorrect for about 13 Frequently of the 360 acres. Asked We are working with the state to correct Questions these maps and anticipate enacting these corrections later this year. • This will update the boundary map and reflect that 13 acres are part of the University Lake Watershed. 2 3 Commissioner Richards asked if Heritage Hill is in the University Lake watershed. 4 Judy Johnson said yes. 5 Commissioner Richards asked if Dogwood acres is in the Jordan Lake watershed. 6 Judy Johnson said yes. She said the difference between the watersheds is the amount of 7 impervious surface required. She said those regulations are not impacted by this agreement. 8 9 Slide #7 Does this mean water and sewer will be extended once the agreement is amended? Frequently • Yes and no. Asked • Any current households in the extended Questions boundary will have the option to connect to water and sewer. • Any future developments in the extended boundary would connect to water and sewer through current or future development processes. 10 11 12 14 1 Slide #8 Should all parties agree to amend the agreement, then next steps would include: Next • Listening to residents and stakeholders Steps • Visioning for possible future land uses • Amending the Future Land Use Map • Amending the Town's Ordinance • Considering options for rezoning aligned with vision and goals 2 3 Commissioner McKee asked if approving this amendment would change the planning, 4 permitting, community input, or other requirements for future development in the area. 5 Judy Johnson said no. 6 Commissioner Richards asked if a proposed development would have to go through 7 Chapel Hill's same multi-step planning process if this amendment is approved. 8 Judy Johnson said yes. 9 Vice-Chair Greene said the Town Council could rezone the area in advance, but more 10 likely is they would have a project presented and then the developer would ask for an upzoning, 11 and the Council would be able to negotiate concessions or benefits from that. 12 Judy Johnson said that is exactly how it has occurred. 13 Commissioner Fowler asked if the WASMPBA amendment is approved before rezoning, 14 what types of development can be built. 15 Judy Johnson said Chapel Hill increased housing opportunities in this area up to a duplex. 16 She said anything else would require rezoning through Town Council authorization. 17 Commissioner Fowler asked when environmental impacts and traffic analyses would take 18 place in this process. 19 Judy Johnson said those analyses would take place in a very detailed way during a 20 development review project. She also said a high-level review would be done as part of the 21 visioning stage. 22 Chair Bedford said at some point in the process, OWASA must figure out where to put 23 lines based on topography, etc. 24 Judy Johnson said that is correct. 25 Chair Bedford asked how that process would occur. 26 Vishnu Gangadharan, OWASA Director of Engineering and Planning, said he isn't sure 27 at this point what is most likely and would have to be tuned into future conversations by Chapel 28 Hill about rezoning. He said OWASA's interest is the best long-term layout for the entire area. 29 Chair Bedford asked if there enough water in OWASA's jurisdiction for this amendment 30 plus future development in other areas. 31 Vishnu Gangadharan said in general, there is plenty of water. 32 Chair Bedford asked what "Complete Communities" is. 33 Judy Johnson said the Complete Communities strategy is an adopted component of 34 Chapel Hill's Comprehensive Plan. She said the point is to try to direct where growth should occur, 35 for example, along transit lines. She said another component is looking at the presence of 15 1 greenways between development, among other components that would make a community 2 complete. 3 Commissioner Hamilton asked how affordable housing is defined, as far Chapel Hill's goal 4 for affordable housing on their Town-owned parcel within the proposed boundary. 5 Judy Johnson said that would be like income restricted homes, so 80% or 60% AMI. She 6 said she can send more detailed information. 7 Commissioner Hamilton asked if the Town has a sense of how much affordable housing 8 would fit on that piece of land. 9 Judy Johnson said no analysis has been done of that property and is around 12 acres. 10 Commissioner Hamilton asked why not do some of the next steps ahead of approving the 11 boundary change so Chapel Hill has a sense of how it wants to develop before asking approval 12 to move the line. She said once developers come in, she sees a tradeoff of housing that is 13 subsidized and affordable vs. naturally occurring affordable housing. She said concerns raised 14 by the community, specifically ETJ residents, could be better addressed ahead of moving the 15 boundary. 16 Judy Johnson said the simple answer is that the Town Council received a petition and are 17 responding to it. She said the first step to responding is to bring the amendment to the five parties 18 to the agreement. She said the next steps will be a multi-year process. 19 Commissioner Hamilton asked when the LUMO will be complete. 20 Judy Johnson said they hope to have a draft this fall. 21 Commissioner Hamilton asked how the term "missing middle" is defined. 22 Judy Johnson said Chapel Hill went through an effort last year to address the "missing 23 middle" and look at adding diverse housing choices within the Town. She said the goal isn't large 24 apartment complexes but doesn't think it's large single-family homes on a large lot either. She 25 said the visioning stage is critical to further define this. 26 Commissioner Hamilton asked how the "missing middle" is encoded in the LUMO so that 27 when developers come, it constrains them to that. 28 Judy Johnson said they are starting to think about that. She suggested that putting limits 29 on lot size or a maximum house size could require developers to build what the vision is and keep 30 house costs down. 31 Commissioner McKee asked to go back to the map on slide #4 in Judy Johnson's 32 presentation. He asked her to show him where the current major transit stop is. 33 Judy Johnson said it is just north of the map. 34 Commissioner McKee asked if there is any reason public transportation would not be able 35 to extend in this area. 36 Judy Johnson said there is none. 37 Commissioner Richards asked if Chapel Hill had not been presented with the petition, 38 would they not have pursued this amendment. 39 Judy Johnson said she cannot answer that question, as that would be a Town Council 40 decision. 41 42 PUBLIC COMMENTS: 43 Mearis Martin said he and his family live in the rural buffer. He said this is a crucial step 44 toward addressing affordable housing needs in the community. He said a yes vote to this is not a 45 rubber stamp for future development. He said the extension of water and sewer to unserved areas 46 is necessary for any expansion of homes. He said Chapel Hill and Orange County already have 47 strict development guidelines. He said lack of affordable housing impedes businesses in the area 48 in their hiring efforts. 49 Mark Johnson said he and his wife own a historic farm and they care very much about 50 people and are speaking in favor of extending the boundary. He said he sees this as a social 51 justice issue and asked the Board to vote yes. 16 1 Jim McNeely said he serves on the Board of Directors for the Chamber for a Greater 2 Chapel Hill-Carrboro. He said affordable housing has been an issue for a longtime, but the 3 urgency has not been higher. He said that the Big Bold Ideas group produced a bold goal to 4 dramatically increase affordable housing and identified 6 ways to do this. He said this area is the 5 ideal place for affordable housing. He said the Town of Chapel Hill is committed to developing 12 6 acres with affordable housing units, but the area must have water and sewer. He asked the Board 7 to vote yes to extend and to open the door for more affordable housing. 8 Dianne Martin said she is speaking on behalf of Holy Trinity Anglican Church in support 9 of WASMPBA. She said the church sees it as a social justice issue. She said Holy Trinity has the 10 opportunity to collaborate with a local partner to develop 50 acres. She said the church urges the 11 Board to approve the WASMPBA resolution. 12 Nick Robinson said he is in support of extending the WASMPBA boundary. He said the 13 biggest impediment to affordable housing is lot sizes. He said sewer is the great equalizer. He 14 said it is clear that Chapel Hill sees this as consistent with its long-term plan and asked the Board 15 to vote in favor. 16 Morgan Womble said her family owns a farm in south Chapel Hill. She said they heard 17 about this only 3 weeks ago and have concerns. She said her concern is downstream effects on 18 landowners that have not been considered or respected. She urged the Board to consider 19 reviewing the recommendations of her neighbors. She asked for a demographic, economic, and 20 environmental impact analysis prior to the vote. She said every acre counts and decisions like 21 tonight will change the face of the county as they know it. 22 Marie Rossettie asked the Board to delay their vote. She urged the Board to have further 23 studies. She said development along the 15-501 corridor may be inevitable, and maybe a good 24 solution, but without the LUMO rewrite, transparency from the town, community engagement, a 25 stormwater management plan, environmental impact studies of over 300 acres, clear guidelines 26 how this will meet the Climate Action Plan, and traffic studies. She said she would also like to see 27 what price point of developments will go in. She said the vote is premature and asked for a plan 28 that isn't rushed. She said there are neighbors who still do not know this is even being considered. 29 She said delaying the vote can have an impact on the overall trajectory of growth and change for 30 those in the ETJ. 31 Livy Ludington said she has lived in the ETJ for over 40 years. She read a petition from 32 residents of the ETJ. She said she has never seen a decision so rushed by the Chapel Hill Town 33 Council. She said the residents want the process to slow down and for more analysis to be done. 34 She said a better plan can be put in place. She said the boundary line could also be moved to the 35 southern edge of the property if Chapel Hill agrees. She said that there is also property for sale 36 along the east. She said the redrawing of the watershed boundaries has not been finalized. She 37 said the Chapel Hill staff reported that the smaller expansion area had been discussed but there 38 were differing opinions. She said that there are no large tracts of land south of the property that 39 can be built without jeopardizing current affordable housing that is already there. 40 Munsie Davis said changing this agreement opens the door for a lot of money to be spent 41 before planning has been completed. She said she is a resident of Heritage Hills and has been 42 since 1991. She said she has seen a lot of changes over the years. She said that if the plan is 43 rushed, they will be unsure if they will be able to achieve the goal of affordable housing. She said 44 the underground water in the area has shifted and changed over the years and every time 45 something big goes in, it is not a matter of stormwater, but things that are harder to see. 46 Bruce Long said his property touches land that Chapel Hill owns. He said this process is 47 moving so fast and that he wants the Board to take a step back and ask questions on behalf of 48 the residents here. He said he has dealt with a lot of different entities and developers wanting to 49 buy his property. He said it seems to be so fast that there is something behind all of it. He said 50 their hands have been tied with regulations around the 5-acre buffer and now they will be changing 51 it for someone. He said that Chapel Hill Carrboro City School has offered to purchase his property 17 1 and he has told everyone no. He said they even called him five times and the fifth call ended with 2 the representative from the schools telling him that they can condemn and take his property if 3 they needed to. He said his land is being taken from out from under him. He asked them to please 4 think about this. 5 Ian Scott said he is with the Chamber for a Greater Chapel Hill-Carrboro. He said this area 6 of land is close to other developments, near UNC Hospital, and it is a regional infill opportunity. 7 He said there is more planned in the south. He said this is an essential first step for planning. He 8 said it is on an existing bus route. He said this is the first step in a meaningful plan that the Town 9 of Chapel Hill will conduct. He said that staff is strained and asking them to spend time planning, 10 when the biggest determining factor is the water and sewer and it is unknown, does not make 11 sense. He said it does not change any of the existing development or building requirements. 12 Claudia Fernandez said people did not know this was happening. She said it is important 13 to listen to the people that live there. She said that the residents in the ETJ are not represented 14 by anyone but the Board of Commissioners. She said they have been asking for more community 15 meetings. She said they hear there is a rigorous development process and Chapel Hill controls 16 6% of the development. She said she has heard of the McMansions that exist when they do not. 17 She said these homes were built in 1970s and on land that does not perk well. She said 18 aggressive speculators are calling landowners already and they will not be able to afford to live 19 anywhere else in Chapel Hill. She said they will lose land that helps with watershed concerns. 20 She asked them to slow down so that everyone can understand what they are doing. She said 21 that there is access to water and sewer for those that need it but bringing it to the area will open 22 it for development that has not had enough analysis done. 23 BJ Warshaw said for 40 years, the development in this area has been guided by the 24 community. He said the 1992 Southern Small Area Plan marked this area as a way to conserve 25 the environment and limit sprawl. He said at no point in time has there been a plan in the past 40 26 areas discussing denser development in the southern ETJ. He said development along 15-501 27 may be inevitable, but it will be a process spanning several decades and we can afford to pause 28 here. He said the plans from OWASA, Orange County, and Chapel Hill have regularly marked the 29 area as a small area plan that remains open space. He said that at no point in time has there 30 been a plan that stipulates or discusses developing the area. He said that it is moving too quickly. 31 Julie Coleman said she was called by the Carrboro lawyer and told that they would take 32 her land under eminent domain for Carrboro High School. She said it was this group that saved 33 her land. She said that rather than taking her home and her neighbor's home, they used land 34 owned by an out of state developer. She said that one of her neighbors has 70 acres of land and 35 there used to be a crystal-clear pond and it is no longer. She said that Smith Level Road is 36 beautiful. She said she is not a person of great wealth, as the Chapel Hill Town Council referred 37 to her, but she is thankful to have her land. She said that she hears affordable housing and wants 38 that, but there must be money in the bank and Chapel Hill Town Council does not have the money 39 in the bank. She said if the federal government is ready to give, then she might start listening. 40 She said as long as the area stayed as farmland, Southern Village could be built. She said her 41 space was used. She said the people that live there do not want this. 42 Holly Fracarro, the CEO of the Homebuilders Association for Durham, Chatham, and 43 Orange Counties, said that a "yes" vote is not a "yes" for any development. She said that Chapel 44 Hill has a very rigorous process for developers to go through when rezoning. She said that a 45 developer would likely cover the cost of affordable housing. She said a "yes" is simply a "yes" to 46 an agreement that allows them to have thoughtful conversations with developers and allows the 47 Town of Chapel Hill to negotiate with the developer. 48 Dan Jewell said he has been designing communities in this part of the county for 40 years. 49 He reiterated that this vote won't approve new development but will open the door for 50 conversations to start. He said that the concerns are that the development will add to stormwater 51 issues but again, the Town of Chapel Hill has the strongest regulations in the state. He said that 18 1 absent a "yes" vote tonight, this area will continue to develop without plan. He said that is not how 2 this part of the county needs to grow. 3 Coleman Day said he has lived in the ETJ for 35 years. He said he also served on the 4 Planning Board in Chapel Hill for many years. He encouraged the Board to vote against this 5 amendment. He said the community plan for the southern area has been in place for many years 6 and it is being pushed through by the Chamber of Commerce and a pro-development council. 7 Bridget Pemberton-Smith said she is speaking on behalf of the Carrboro Business 8 Alliance. She said this area is exactly where the community should look for housing solutions. 9 She asked the Board to vote yes. She said that pricing and availability of housing is one of the 10 biggest challenges for businesses because their employees cannot afford to live here. 11 Valarie Schwartz said she has lived in Chapel Hill for 30 years and the ETJ for 25 years. 12 She said that everyone here is in agreement on affordable housing. She said the median cost of 13 a home in Chapel Hill is about $537,000 dollars. She asked if that is the dollar reference amount 14 for median incomes because that does not seem affordable. She asked why Chapel Hill approves 15 the building of more expensive homes. She said once this agreement is approved, the developers 16 will flock. She said if they know that if a water and sewer expansion will only be approved to help 17 everyone, then only the developers that are truly interested in affordable housing will show up. 18 She said that there are people that need water filtration issues now for health reasons. She said 19 that Chapel Hill has proven they want rich people there. She asked the Board to put a hold on the 20 process and give Chapel Hill a bargaining chip so that when a plan for people and environment 21 is ready, it will be approved. She said tonight is not the night to do that. 22 Terri Buckner said she was on OWASA when the water supply plan was updated. She 23 said it was based on the anticipated population growth of the Town up to 2050. She said it does 24 not include anything in the Southern expansion area. She said it was based on the future land 25 use map in Chapel Hill. She said there probably is enough water because there is Jordan Lake 26 access but is that really what they want to do. She said that impervious is 50% but according to 27 state guidelines it is 70%. She said that the stormwater ordinances are strict in Chapel Hill, but 28 Chapel Hill lost the ability to enforce most of their standards. She said that their own staff admitted 29 that they can only enforce nutrients right now because of state law. She said that the town process 30 sounds nice and that if it were something else, she could support it. She said that the Chamber, 31 the realtors, and the developers are here because the church has planned to do the development 32 and it will open up more for them. She said the Town violated the trust when they reopened the 33 process and that makes them skeptical that they will follow the process outlined tonight. She 34 asked them to say no. 35 Kyle Rasbach said he lives on 10 acres on Smith Level Rd. He said they bought with the 36 understanding there would not be additional high-density development past Southern Village. He 37 said there has not been appropriate environmental studies and he would venture to say that less 38 than 10% of neighbors are even aware of the process going on. He said that asking them to drive 39 for 45 minutes on a Thursday night is not a way to get a true representation of their thoughts. 40 41 Commissioner Hamilton said as a former economist, she looked at the rationale of 42 affordable housing in this area with that lens. She said subsidized housing is a low enough price 43 that people 80% AMI or less can afford it and is achieved with federal, state, or local government 44 money. She said the other type of affordable housing would require them to somehow slow the 45 growth of the area, which she believes is highly unlikely based on supply curves in this area. She 46 said housing prices are driving up because of people coming from out of state. She said they will 47 not be able to build enough housing to outweigh that this is an attractive place for people to live, 48 so she does not buy that affordable housing will come out of this. She said she still understands 49 that houses are needed, even if they are not affordable, but it needs to be looked at carefully. 50 Additionally, she said a rapid transit system will not go in for years and that area is already 51 congested. She said even if"missing middle" housing is built there, additional people will increase 19 1 the pressures of transit. She said she does not think the rationale for this holds and wants more 2 information before she feels comfortable saying yes to this amendment. 3 Commissioner McKee said he does not have any interest in this area, but his wife's family 4 owns lands on the western side of Chapel Hill-Carrboro. He said they are experiencing the same 5 unaffordable growth in value. He said there may be some affordable housing added with this 6 amendment, but the alternative for parcels in this area is multi-million-dollar homes will be built. 7 He said this is a major corridor and an access to Chapel Hill, which will not stop growing and will 8 not stop being attractive. He said in every agenda item, some are advantaged, and some are 9 disadvantaged. He said it makes sense to him to put water and sewer along major access 10 corridors. He said it allows more affordable housing and closer density, although will still likely not 11 be affordable to the average wage earner. He said he thinks BRT will be in the plans in this area 12 in the future. He said this amendment does not change anything about future development. He 13 said the planning people want will still have to happen. He said he does support this amendment, 14 and this can be a good thing. 15 Vice-Chair Greene said the most compelling argument that residents have brought to the 16 Board is that they are their only elected officials. She said she takes that to heart and takes it very 17 seriously and has appreciated their perspective and heavily considered their input. She said she 18 keeps coming back to the fact that this area is within Chapel Hill's planning jurisdiction and is the 19 intention of Chapel Hill to grow in this area. She said it absolutely will not be all affordable housing, 20 but there are multiple ways to produce some affordable housing here. She said for subsidized 21 housing, it is critically important for land to be donated to an affordable housing developer because 22 it is such a critically expensive part of the proposition. She said the idea for this amendment came 23 from the Chamber's Big Bold Ideas and the Chamber's focus on what it can do to work on 24 affordable housing in the community. She said Chapel Hill does have rigorous processes for 25 collecting input in the next planning steps and ETJ residents will be a part of that. She said 26 ultimately, she believes this is Chapel Hill's area to plan and they will do a responsible job with it, 27 and they need the assurance this boundary amendment will be approved before investing 28 resources for additional planning. 29 Commissioner Richards said Vice-Chair Greene discussed the Big Bold Ideas more 30 eloquently than she did, and describing the level of community input that went into identifying 31 areas that make sense. She said this area makes sense. She said this does not affect the rural 32 buffer and with Chapel Hill and Carrboro renewing their commitment to maintaining the rural 33 character of Smith Level Rd., it gives her some reassurance. She said given the rigorous planning 34 process, it is good there are no plans yet because if the plan were set, there would be no 35 opportunity for residents to participate in the visioning. She said she feels the Town Council is 36 committed to the affordable housing piece of this, and ultimately, she is inclined to support it as 37 well. She said she also lives in the ETJ, just on the other side, and understands the concerns 38 raised by residents and encouraged them to be involved in the next planning phases. 39 Commissioner Fowler said she agrees with a lot of what the Board has said and 40 understands the concerns of residents in the area. She said she understands the argument that 41 this will not make a big dent for affordable housing, but if they do not make any dent, it will only 42 continue to get worse. She said regarding vehicle miles traveled, if people do not live here, they 43 will be traveling from other counties to Orange County for work or other reasons. She said this is 44 a major corridor and development here makes the most sense at this point in time. She said all 45 this amendment does is change the water and sewer boundary, the planning process still must 46 take place. She said weighing all of the different issues, she supports this amendment. 47 Chair Bedford said she agrees with a lot of what has been said. She said she attended 48 the public meeting that Chapel Hill held, and a number of people were opposed, and some were 49 also in favor. She said she had an opportunity to review the WASMPBA with Orange County 50 Planning staff. She said she initially wanted to wait until CLUP 2050 was done but has been 51 assured that there is enough water for all future planning. She said ETJs are undemocratic in her 20 1 opinion and encouraged the Town of Chapel Hill to annex whenever possible. She said she is not 2 basing this decision on affordable housing. She said she has doubts, and the General Assembly 3 does not give elected boards the tools to require or demand affordable housing, but there is 4 flexibility in special use permits. Regardless, she said housing is needed at all levels. She said 5 after watching the Town Council meeting, she is reassured that they are committed to putting 6 much more dense housing there and believes additional bus service can be added as housing 7 develops. Regarding cost to OWASA customers, she said any initial costs balance out over time. 8 She said she does not see benefits to delaying this decision and thinks the Chapel Hill Town 9 Council will do the best they can. She said she also met with county Planning staff to discuss 10 flooding and stormwater control and described those requirements for future developments. She 11 said supports the rural buffer and it is not the cause of affordable housing issues. She asked the 12 Town Council to stay true to the dense or complete communities design, annex as much as 13 possible, asked them to consider amenities like childcare centers, in-home businesses, and 14 implement building sustainability requirements. 15 16 A motion was made by Chair Bedford, seconded by Vice-Chair Greene, to approve the 17 following Resolution: 18 19 RESOLUTION 20 21 WHEREAS, in 2001, Carrboro, Chapel Hill, Hillsborough, Orange County, and OWASA adopted 22 a Water and Sewer Management, Planning and Boundary Agreement ("Agreement"); and 23 24 WHEREAS, the Agreement was last amended on November 17, 2020, and 25 26 WHEREAS, the Chamber for a Greater Chapel Hill-Carrboro submitted a petition to the Town of 27 Chapel Hill on June 14, 2023, requesting that the Town extend the water and sewer boundary 28 along the US 15-501 South corridor to the Chatham County line; and 29 30 WHEREAS, on November 15, 2023, the Chapel Hill Town Council approved amending Appendix 31 A of the Agreement to designate approximately 360.23 acres in the southeast Chapel Hill area as 32 an addition to the "OWASA Primary Service Area" and requested that the governing boards of 33 the Town of Carrboro, Town of Hillsborough, Orange County, and OWASA consider approval of 34 the amendment; and 35 36 WHEREAS, OWASA's Primary Service Area (Urban Services Area) is where water and/or sewer 37 service is now provided or might reasonably be provided in the future; and 38 39 WHEREAS, the area proposed for inclusion into OWASA's Primary Service Area is within the 40 Town of Chapel Hill's planning jurisdiction and is currently designated as either Extraterritorial 41 Jurisdiction (ETJ) or "Transition Area" on the Orange County — Chapel Hill — Carrboro Joint 42 Planning Land Use Plan Map and Agreement, and 43 44 WHEREAS, both of these designations expect urban services, such as public water and sewer 45 will be provided, and 46 47 WHEREAS, the area proposed for designation as OWASA Primary Service Area has been 48 reviewed by OWASA and is technically feasible for provision of both water and sewer service; 49 and 50 21 1 WHEREAS, amendments to the Agreement require the approval of all signatories to the 2 Agreement. 3 4 NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners 5 approves amending Appendix A of the Agreement to designate approximately 360.23 acres in 6 the southeast Chapel Hill area as an addition to the "OWASA Primary Service Area", as shown 7 on the map attached hereto. 8 9 VOTE: Ayes, 5 (Commissioner McKee, Commissioner Richards, Chair Bedford, Vice-Chair 10 Greene, Commissioner Fowler); Nays, 1 (Commissioner Hamilton) 11 12 MOTION PASSES 13 14 b. Establishment of the Strategic Plan Performance Measurements Subcommittee 15 The Board considered establishing and approving the charge, composition, and meeting schedule 16 for the proposed Strategic Plan Performance Measurements Subcommittee. 17 18 BACKGROUND: At the February 20, 2024 Board of Commissioners' Business meeting, a 19 petition was submitted by Commissioner Jean Hamilton to create a Strategic Plan Performance 20 Measurements Subcommittee. Commissioner Hamilton, along with Commissioner Anna 21 Richards and Commissioner Amy Fowler, volunteered to serve on the Subcommittee. There was 22 also discussion of other Board members who might be interested in serving. The Board will need 23 to determine which three commissioners will serve and appoint them to the Subcommittee. 24 25 The proposed charge for the Subcommittee is to review the performance measures listed in the 26 Strategic Plan adopted at the February 20, 2024 meeting and recommend any changes or 27 additions, which would then be considered for approval by the full Board at a future Business 28 meeting. 29 30 The Board will also need to determine a schedule of meetings for the Subcommittee, noting the 31 date, time, and place for each meeting. The first meeting should occur no earlier than March 14, 32 2024. 33 34 A motion was made by Chair Bedford, seconded by Vice-Chair Greene, to establish the 35 Strategic Plan Performance Measurements Subcommittee; appoint Commissioners Hamilton, 36 Richards, and Fowler, to serve on the Subcommittee; and approve the charge detailed above. 37 38 VOTE: UNANIMOUS 39 40 7. Reports 41 None. 42 43 8. Consent Agenda 44 45 • Removal of Any Items from Consent Agenda 46 • Approval of Remaining Consent Agenda 47 • Discussion and Approval of the Items Removed from the Consent Agenda 48 49 A motion was made by Commissioner McKee, seconded by Commissioner Greene, to 50 approve the consent agenda. 51 22 1 VOTE: UNANIMOUS 2 3 a. Minutes 4 The Board approved the draft minutes for the January 23, 2024 Assembly of Governments 5 Meeting as submitted by the Clerk to the Board. 6 b. Motor Vehicle Property Tax Releases/Refunds 7 The Board adopted a resolution to release motor vehicle property tax values for eight (8) 8 taxpayers with a total of eleven (11) bills that will result in a reduction of revenue. 9 c. Property Tax Releases/Refunds 10 The Board adopted a resolution to release property tax values for nine (9) taxpayers with a total 1 1 of nine (9) bills that will result in a reduction of revenue. 12 d. Late Application for Property Tax Exemption/Exclusion 13 The Board approved one (1) untimely application for exemption/exclusion from ad valorem 14 taxation for one (1) bill for the 2023 tax year. 15 e. Acceptance of NC 911 Board Portable Radio Grant and Approval of Budget Amendment 16 #6-A 17 The Board accepted a grant from the North Carolina 911 Board for the purchase of eleven (11) 18 portable radios for the Primary Public Safety Communications Center, and approval of Budget 19 Amendment#6-A to provide for the total reimbursable cost of the grant. 20 f. Procurement of Automated Fire-EMS Alerting System and Approval of Budget 21 Amendment #6-113 22 The Board approved the purchase of an automated Fire/EMS alerting system for the County's 23 primary and backup Public Safety Communications Centers, and approval of Budget Amendment 24 #6-B to provide for the total cost of the system. 25 g. Approval of the Fire Protection and Emergency Services Agreement with the Town of 26 Carrboro 27 The Board approved the Fire Protection and Emergency Services Agreement with the Town of 28 Carrboro for the South Orange Fire Service District (the "District') as a County Service District 29 pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes to provide fire 30 protection and other services as set forth in the Agreement. 31 h. Approval of the Fire Protection and Emergency Services Agreement with the Town of 32 Chapel Hill 33 The Board approved the Fire Protection and Emergency Services Agreement with the Town of 34 Chapel Hill for the Greater Chapel Hill Fire District (the "District') as a County Service District 35 pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes to provide fire 36 protection and other services as set forth in the Agreement. 37 i. Orange County Creek Week 2024 Proclamation 38 The Board approved a proclamation declaring March 16-23, 2024, as "Orange County Creek 39 Week". 40 j. Boards and Commissions —Appointments 41 The Board approved the Boards and Commissions appointments as reviewed and discussed 42 during the February 15, 2024 Work Session. 43 44 9. County Manager's Report 45 Bonnie Hammersley reviewed the agenda for the March 12, 2024 Work Session. 46 47 10. County Attorney's Report 48 John Roberts did not have a report for the Board. 49 50 11. *Appointments 51 None. 23 1 12. Information Items 2 3 • February 20, 2024 BOCC Meeting Follow-up Actions List 4 • Tax Collector's Report— Numerical Analysis 5 • Tax Collector's Report— Measure of Enforced Collections 6 • Tax Assessor's Report— Releases/Refunds under$100 7 8 13. Closed Session 9 None. 10 11 Adjournment 12 13 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 14 adjourn the meeting at 10:49 p.m. 15 16 VOTE: UNANIMOUS 17 18 Jamezetta Bedford, Chair 19 20 21 Recorded by Tara May, Deputy Clerk to the Board 22 23 Submitted for approval by Laura Jensen, Clerk to the Board