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
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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.
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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
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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
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1 Slide #4
t '
Geographic L------------- - ..,.
Area
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l
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360 acres
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• 139 parcels
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———— Current boundary
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Proposed boundary
———— Planning jurisdiction
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Town-owned parcel
! f
a
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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