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HomeMy WebLinkAboutAgenda 05-07-24; 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 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 12, 2024 Work Session Attachment 2: March 19, 2024 Business Meeting Attachment 3: March 21, 2024 Legislative Breakfast 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 WORK SESSION 5 March 12, 2024 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Work Session on Tuesday, March 12, 9 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, Jean Hamilton, Earl McKee (arrived at 7:24 p.m.), Phyllis 13 Portie-Ascott, and Anna Richards 14 COUNTY COMMISSIONERS ABSENT: None. 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 for Commissioner McKee. 22 23 1. Boards and Commissions —Annual Work Plan Summaries 24 The Board provided feedback and direction on the first group of boards and commissions' annual 25 work plan summaries with their Chairs (or representatives) in attendance. The first group of 26 boards and commissions' annual work plan summaries were presented at the Board's February 27 15, 2024 work session. 28 29 BACKGROUND: Typically, across the first two work sessions of the year, the Board receives a 30 report from each of the County's boards and commissions. The report details accomplishments 31 from the previous calendar year as well as plans for the year ahead. This practice allows boards 32 and commissions an opportunity to speak directly to the Board of County Commissioners about 33 their work, and the Board is able to provide feedback and direction. 34 35 Boards and Commissions represented at this meeting: 36 37 Board Name Representative(s) Presenting 38 Affordable Housing Advisory Board Matthew Ferguson 39 Orange County Housing Authority Board Alice Mahood 40 Orange County Board of Adjustment Leon Meyers 41 Orange County Planning Board Adam Beeman 42 Orange Unified Transportation Board Michael Hughes 43 Alcoholic Beverage Control Board Patrick Burns 44 Economic Development Advisory Board Kristen Smith Young 45 Chapel Hill Orange County Visitors Bureau Advisory Board Karen DeHart 46 Arts Commission 47 48 Matthew Ferguson from the Affordable Housing Advisory Board said in the next year they 49 would like to talk to complimentary advisory boards that can help them achieve their goals for 50 affordable housing, such as the Economic Development Advisory Board. He said they would like 51 to do a research project to review the historical affordable housing projects that have been done 2 1 in Orange County. He said that they are not aware of any research to show the effectiveness of 2 previous affordable housing projects. He said that in looking forward, it would be nice to know if 3 the things the county is spending money on are actually helping. He said they would like to know 4 if previous projects have actually helped affordability in the specific areas that have been targeted. 5 He said they want to know which areas of the county have been helped the most. He said they 6 plan to start that in May. He said that advocacy is another key point and making sure the 7 community's thoughts get to the Board of County Commissioners. 8 Commissioner Richards asked how the research project would be structured. 9 Matthew Ferguson said that the members of the Affordable Housing Board would look 10 through the records of previous board meetings to see which projects have been approved and 11 the money that was spent. He said they will then look at the housing data to see how the homeless 12 population has been impacted and what is the population that needs housing assistance. He said 13 the project will not be contracted out. 14 Vice-Chair Greene encouraged the Affordable Housing Advisory Board to take advantage 15 of resources that already exist. She said that the Chapel Hill Housing Authority and the 16 Partnership to End Homelessness already have a lot of data. She said it was a great idea to go 17 back and look at 20 years of expenditures. She asked if the board is looking at housing for the 18 whole county, including municipalities. 19 Matthew Ferguson said yes. 20 Commissioner Hamilton said it is important to define affordable housing and being clear 21 on that. 22 Chair Bedford thanked the board for reviewing applications for the affordable housing 23 funds. She said that the questions brought up by the Affordable Housing Advisory Board were 24 similar to the questions she had. She said she thought the board did a good job of reconciling 25 the issue of naturally occurring affordable housing with what was in the rubric. She said she 26 thinks the board will be reviewing, updating, and bringing the rubric back to the BOCC in the 27 future. She said that advisory boards can learn from each other and encouraged the Affordable 28 Housing Advisory Board to meet with other groups. 29 Commissioner Portie-Ascott thanked the Affordable Housing Advisory Board for their work 30 and the proposed research project. She asked if the board would establish goals on the number 31 of affordable housing units needed in the county. 32 Matthew Ferguson said that could be at a later stage, but right now they want to focus on 33 what has been done previously and then can begin looking forward. 34 Vice-Chair Greene said that was something they would hope they could find a contractor 35 to do for all the jurisdictions in the county. She said that Chapel Hill has done a housing study 36 which gets down to very specific levels of income and the types of housing needed. 37 Commissioner Fowler said she appreciated the clearly delineated goals and looks forward 38 to hearing more from the board. 39 Commissioner Portie-Ascott asked if the research will review how zoning impacts 40 affordable housing. 41 Matthew Ferguson said that once they have the data, they could look at if there were 42 zoning changes during the study period. He said that it is not currently part of the project, but it 43 could be kept in mind as they move forward. 44 Commissioner Fowler said having a discussion with the Planning Board could be 45 beneficial for the research project. 46 Alice Mahood from the Orange County Housing Authority Board said one of the biggest 47 accomplishments is initiating a waiting list for the first time since 2017, increased their voucher 48 utilization from 575 to 630 in just a single year, they held their first event with a client meet and 49 greet and plan to hold more, they have issued all 19 emergency housing vouchers, they have 4 50 new participants approved for the home ownership program and for the first time since she's been 51 on the board that they have a full board. She said that they have two residents on the board, and 3 1 that their perspective is greatly appreciated. She said in the next year they hope to keep a full 2 board, conduct a lottery pool for the newly opened waitlist, continue in person events, and 3 continue to save money and increase efficiency through software upgrades. 4 Chair Bedford asked what is the Moving to Work program. 5 Blake Rosser, interim Housing Director, said that the Moving to Work program is a bit 6 obsolete because they have missed the cutoff for that program rating. He said that they were 7 awarded the standard rating. He said HUD calls this a demonstration program, or pilot, to see 8 what happens when subsidy funding can be used for more administrative purposes. He said they 9 were hopeful but will not be able to proceed with that. He said that there is another program called 10 the family self-sufficiency program that they are hoping to participate in. He said the waitlist is not 11 open yet, but it is prepared to open soon. He said there is a list, and they hope to use it this 12 summer. He said there are probably 700 names on it. 13 Commissioner Richards asked if there is a maximum number of vouchers for Orange 14 County. 15 Blake Rosser said the maximum is 687. He said that they have gotten gradual increases 16 over the years. He said they are working to make sure all of the vouchers are being utilized. 17 Commissioner Richards asked if they would discuss the working relationship with 18 landlords. 19 Blake Rosser said they have a staff member that is the coordinator for landlord outreach. 20 He said they offer a landlord incentive program, and it has been around for3 or 4 years. He said 21 that it provides a signing bonus and a risk mitigation program. He said that is more robust than 22 many other housing authorities and they are fortunate to be able to do that. He said that voucher 23 utilization increases can be attributed to this program and the transfer of people from other 24 jurisdictions. 25 Commissioner Hamilton asked for information about the meet and greet. 26 Blake Rosser said that it was in August at Anderson Park. He said about 80 people came 27 and they served hot dogs to attendees. He said they were championing their homeownership 28 program and there was a lot of interest. He said that it is an exciting program. 29 Commissioner Hamilton asked how most people traveled to the meet and greet. 30 Blake Rosser said that most people came by car. He said that in the future, he wants to 31 find a park that is on several transit lines. 32 Commissioner Portie-Ascott asked if all voucher recipients are in their own homes. 33 Blake Rosser said yes. 34 Commissioner Portie-Ascott asked how many landlords the department works with. 35 Blake Rosser said he was not sure of the total. 36 Commissioner Portie-Ascott asked how many new landlords they have gotten. 37 Blake Rosser said the only way they can track that is by looking at the number of signing 38 bonuses they have provided and that is between 30-40. 39 Commissioner Portie-Ascott asked if that was higher or lower than previous years. 40 Blake Rosser said it was about in line with previous years and that has been between 25- 41 40. 42 Vice-Chair Greene asked if Chapel Hill Housing is using the Family Self Sufficiency (FSS) 43 program. 44 Blake Rosser said he did not know if they were using FSS specifically, but they have a 45 similar program that aligns with home ownership. He said he will reach out to them when they are 46 ready to start. 47 48 Commissioner McKee arrived at 7:24 p.m. 49 50 Leon Meyers from the Board of Adjustment said they met 4 times to hear and decide two 51 cases. He said they also had two administrative meetings for a total of 6 meetings. He said that 4 1 all of the Board of Adjustment seats are now filled. He said staff has done a great job providing 2 Spanish language translation for meetings. He said they have monthly meetings scheduled to 3 facilitate any hearing they might need to have. 4 Chair Bedford said that she would like to give the Deputy Clerk credit for being organized 5 and helping with recruitment efforts. 6 Leon Meyers said absolutely, and the positions are not filled unless people go out and find 7 them. 8 Chair Bedford said she appreciated the professionalism shown by the Board of Adjustment 9 in difficult cases. 10 Commissioner Richards asked if the changes to 160D would have a big impact. 11 Leon Meyers said that was a big change that the Board accommodated during 2022 by 12 updating the rules and aligning them with 160D. 13 Commissioner Richards asked if all of that was complete. 14 Leon Meyers said that was complete. 15 Commissioner Fowler asked when new members are trained. 16 Leon Meyers said they had a training session in January and new members get an 17 orientation as well. 18 Adam Beeman of the Orange County Planning Board reviewed the information listed in 19 the board's work plan which was included in the agenda packet. He said they meet monthly and 20 include training during those meetings. 21 Commissioner Fowler expressed her appreciation to the Planning Board for all of the work 22 they do. 23 Commissioner McKee said that staff and Lumos are working on addressing doughnut 24 holes in internet service. 25 Chair Bedford said there are legal issues, but that there may be a solution in December 26 or January. 27 Vice-Chair Greene thanked him for pointing out that there is growth toward Mebane and 28 said that there should be more formal coordination with Mebane, and she has made requests that 29 they have a joint meeting. 30 Chair Bedford said that the issues the Planning Board identified to work on over the next 31 year are good and fit well with the timing of updates to the comprehensive plan. 32 Commissioner Hamilton asked how the Planning Board gives input to the 2050 33 Comprehensive Plan. 34 Adam Beeman said that they received a presentation from Clarion and the have provided 35 feedback and they are intertwined in that area. He said a lot of feedback showed that people 36 wanted to remain natural with no growth, but no one wants to pay for that. He said that he does 37 not know how that can be balanced. He asked Clarion how they plan to pay for the desire to have 38 no economic growth. 39 Commissioner Hamilton said that Clarion provides information to the Planning Board, and 40 they give feedback. 41 Adam Beeman said yes. 42 Commissioner Richards asked how they will address the list of issues that are on their 43 work plan for the year, particularly the Rural Enterprises issue. 44 Adam Beeman said that the Planning Board can discuss issues, but that staff would need 45 direction from the BOCC before any research and concrete planning can be done. 46 Michael Hughes from the Orange Unified Transportation Board (OUTBoard) said one of 47 their most important accomplishments was recommending the county approve the NC DOT/NC 48 54 multi modal corridor study, to upgrade NC54 to one that looks more like the bypass around 49 Chapel Hill. He said that would be four lanes, bicycle lanes, and sidewalks. He said it will make 50 that area look very different and that they made that recommendation after very serious 51 deliberations. He said NC DOT already has the right of way. He said they are also looking at 5 1 another corridor study on US 70. He said that the right of way there is not available and will be 2 more complex. He said they approved the Safe Routes to School updates. He said that there is 3 concern with the bridge from Grady Brown Elementary to children's apartments. He said he took 4 pictures and made a presentation to Chuck Edwards of NC DOT. He said that they have a 5 process, but they are continuing to work on that. He said that he wants people to visit that bridge 6 and see how unsafe it is. He said on the transportation side, they are expanding the Mobility on 7 Demand service. 8 Commissioner Hamilton expressed thanks to the OUTBoard for their work and for bringing 9 attention to the issues at Grady Brown Elementary. 10 Chair Bedford asked if Michael Hughes gets emails from the Durham-CH-Carrboro MPO. 11 Michael Hughes said he did not. 12 Chair Bedford said she will get them on that. She said it is good they comment on 13 development proposals for the Board. 14 Vice-Chair Greene said she had the same question about information sharing from the 15 MPOs. She said a lot of the stuff they work on is local, but they need regional planning information 16 too. 17 Michael Hughes said he used to sit on the MPO when he was with the City of Durham, so 18 he was familiar with the organization. 19 Patrick Burns from the Alcoholic Beverage Control Board said he is very proud of the ABC 20 operation. He said ever since COVID they have seen record sales, which is a good thing, but also 21 is concerning. He said that it increases the amount of money they can give back to the County 22 and community organizations that work on alcohol education. He said they are a very different 23 operation than other advisory boards because they are a retail organization. He said that it is 24 different because they do not profit, the county and other community organizations profit. He said 25 that they have been able to pay down debt service and reinvest funds into their operations. He 26 said they have had a great partnership with the Orange County Board of Commissioners. 27 Commissioner Fowler said that from her time on the ABC Board, information was clear, 28 and they are making smart decisions in paying off debt service and investing in substance abuse 29 prevention. 30 Commissioner McKee thanked Patrick Burns for making upgrades on stores. He said it 31 is a two-edged sword, given the amount of alcohol that is being consumed. 32 Patrick Burns said that he is involved with law enforcement agencies, and he has seen 33 both sides. He said he continues to be very involved with the local groups trying to lend support 34 in whatever way he can. 35 Chair Bedford said she thought that revenues would go down after COVID, but they have 36 not. She said that they have put funds into the Criminal Justice Resource Department. She said 37 that a lot of money went into helping youth. She said she attended the Mebane store opening, 38 and there will be a new one opening in Southern Village. She said the stores are well-located in 39 the county. 40 Commissioner Portie-Ascott asked if there is a formula for deciding how much each group 41 gets. 42 Patrick Burns said it is a complete evaluation of what they are applying for and what they 43 plan to do with that. He said it is not one simple thing. He said they spend a lot of time looking at 44 applications and discussing them before coming to a decision. 45 Commissioner Richards said that prior to becoming the BOCC liaison to the ABC Board 46 she had no idea in what they are involved. She said they have had updates from the organizations, 47 and they have a good idea of how previous grant funds are being used. She said it has been a 48 great eye-opener for her. She said there is a wide variety of organizations and partnerships 49 between the towns and the university. She said that the prevention and deterrence work is also 50 focused on. She said it gives people an opportunity for counseling rather than a record and she 51 is happy to be on the board and learning a lot. 6 1 Dave Gephart from the Economic Development Advisory Board said about $500 billion 2 has been invested over the last few years in Orange County. He said it is very impressive. He 3 said that when they go to regional meetings, the other counties are familiar with the Economic 4 Development Department staff due to the success. He said that he was excited about the bond 5 14 years ago and while the budget has been static, economic development is healthy in Orange 6 County. He said they have a grant committee and have given out about$2 million to start ups. He 7 said they take it very seriously and want to help these companies. He said one major focus is on 8 minority and women-owned businesses. He said they have been the majority recipients of the 9 grants. He said 40% of board members are BIPOC and 60% are female. He said one of the 10 commissioners received a letter after a meeting and she was told that she felt excluded because 11 she was in a minority. He said that she thought the requirements were too harsh for her. He said 12 that on December 20th, staff reached out to her and provided her information on the startup fund, 13 she submitted the application, and was able to obtain a grant. He said they have been doing a 14 lot of advertising. He said that the Economic Development Department could use more staff to 15 expand efforts. 16 Commissioner Fowler asked if there are any statistics on individuals with disabilities who 17 may have received awards or on their employment rates. 18 Dave Gephart said that he does not think the department has tracked that information. 19 Commissioner Fowler said that individuals with disabilities are one of the least employed 20 groups and that would be a good thing to track. 21 Dave Gephart said that they have increased the amount of advertising they have been 22 doing, and they have received more applications than ever before. He said they spotlight winners, 23 and they talk about their business and the lady that he spoke of previously will be featured soon. 24 Commissioner Fowler said she hoped that the board would take her comment into 25 consideration. 26 Vice-Chair Greene asked if the success story that he mentioned was a business or 27 agricultural grant. 28 Dave Gephart said it was a business grant. 29 Vice-Chair Green asked if the agricultural grants are administered through the Extension 30 Office. 31 Dave Gephart said one of the board members is on that committee too and she is a farmer. 32 He said they have been working very closely with them to help them grow that program. 33 Commissioner Portie-Ascott asked who can fill out the application and if youth can apply 34 for funding. 35 Dave Gephart said anyone can fill out the application. He said the only requirement is that 36 the business is in Orange County and that the application is completed. 37 Commissioner McKee said these grants can really make a difference for a start-up. 38 Dave Gephart said economic development grants can help businesses of all sizes and 39 can lead to lower unemployment in the county. 40 Karen DeHart of the Chapel Hill Orange County Visitors Bureau Advisory Board (CHOCVB 41 Advisory Board) said they meet monthly, and they rotate meetings in hotels and event spaces in 42 Orange County. She said that visitors in Orange County spent over$236 million in 2022. She said 43 that hotel occupancy is increasing, and they are having a banner year. She reviewed the 44 highlights of the CHOCVB Advisory Board's work plan, which was included in the agenda packet. 45 She said they are looking at partnering with other advisory boards which affect the tourism 46 industry. 47 Commissioner Hamilton thanked them for including the occupancy tax data in the report 48 and said that it was very helpful. 49 Vice-Chair Greene said she appreciates the Orange Slices program. 50 Chair Bedford said it was good to see the rebound of visitors in Chapel Hill after several 51 difficult years. She thanked the board for all of their hard work. 7 1 Commissioner McKee said he sees this advisory board as a dual purpose because it 2 serves as an economic development driver and helps the citizens. 3 Commissioner Fowler thanked the CHOCVB Advisory Board for the creation of the 4 disability restaurant guide. 5 Commissioner Richards asked about the plan to help large event spaces. 6 Laurie Paolicelli, Executive Director for the CHOCVB, said it has been hard for the 7 conference and meeting industry across the nation. She said that there have been improvements 8 over the last year. She said they large spaces rely on 300 attendees in the ballroom and large 9 meeting spaces. She said that during the pandemic, it was discovered that Zoom works well. She 10 said they are also seeing a general increase in the number of room nights available and less 11 demand. She said that a former board member recommended shifting the marketing dollars from 12 the transient nights to the larger groups. She said that leads are going up and it is coming back. 13 She said that she thinks it is on the uptick. She said that last year, Carolina Inn broke all records 14 and a lot of that was in food and beverage. 15 Commissioner Richards said that at the last CHOCVB Advisory Board meeting there was 16 an overview of the campaign, and she wants everyone to know that it is something that is being 17 worked on. 18 Commissioner McKee asked how many thousand square feet they want in a new facility. 19 Laurie Paolicelli said people really want a public facility and that it is a struggle to find 20 those spaces. 21 Anita Mills of the Arts Commission said it is her last year on the commission. She said 22 that the attention paid to the arts in Orange County has been heartwarming to her. She said they 23 have been at the Eno Arts Mill for 2 years. She said that the facility generated enough revenue 24 in their second year to cover expenses. She credited Katie Murray, the Arts Commission Director, 25 with their success. She reviewed the list of accomplishments in the Arts Commission's work plan, 26 which was included in the agenda packet. 27 Commissioner McKee said that there are many ways to volunteer with the county and 28 thanked Anita Mills for her service. 29 Anita Mills said witnessing the development of the Eno Arts Mill has been a highlight for 30 her. 31 Commissioner Richards congratulated the Arts Commission for their accomplishments. 32 She asked for elaboration on maintaining self-sufficiency. 33 Anita Mills said they can do more with more staff, for camps, curriculum, etc. She said it 34 is a matter of peoplepower. 35 Katie Murray said it can be hard for the public to understand that because this is a county 36 funded art space, why prices are not more in line with recreation prices, but they are a non-profit 37 where their revenues have to cover the expenses. She said that it is hard to make things 38 affordable and she has a hard time explaining the cost difference. She said that their non-profit 39 can raise funds to offset costs. 40 Commissioner Richards asked if the non-profit arm is as described, a blessing and a 41 challenge. 42 Katie Murray said that it is working now but that she has a dream of being able to offer 43 arts services in the way that parks services are offered. 44 45 2. Request to Jointly Fund a Position to Support Black, Latinx, and Refugee Owned 46 Enterprises 47 The Board discussed a request from The Chamber for a Greater Chapel Hill Carrboro to partially 48 fund a full-time community advocate to support the growth of new and existing Black, Latinx, and 49 refugee owned businesses and provided direction to staff on next steps. 50 8 1 BACKGROUND: The Chamber for a Greater Chapel Hill Carrboro recently submitted a request 2 to the County Manager's Office to jointly fund a Chamber employee to support the growth of new 3 and existing Black, Latinx, and refugee owned businesses. Under the proposal, Orange County 4 would contribute $30,000 per year to support the position for three years. The other funding 5 partners would be the Town of Chapel Hill, the Town of Carrboro, and the Chamber. The Town 6 of Chapel Hill would contribute $30,000 annually, and the Town of Carrboro would contribute 7 $20,000 annually. Both of those commitments would be for three years. 8 9 The attached request from the Chamber explains the key position responsibilities, intended 10 outcomes, and proposed budget. The Chamber also provided supplemental information on the 11 status of contracting with the Towns and responses to questions posed by staff. 12 13 Although the County does not have a position dedicated to support Black, Latinx, and refugee 14 owned businesses, County departments involved in economic development emphasize marketing 15 County programs and services to non-white business owners. 16 17 • The Department of Economic Development has increased marketing efforts for its small 18 business and agriculture grant awards including several grant application presentations to 19 EMPOWERment's cohort members attending classes at Midway Business Center. 20 21 • Economic Development routinely introduces small businesses to free financial counseling 22 services offered by Durham Tech's Small Business Center, SCORE, UNC's Small 23 Business Technology Development Center (SBTDC), EMPOWERment, and similar 24 providers. The Department's website includes a section titled "Minority Business 25 Resources" that is intended to promote economic advancement of minority businesses. 26 This page can be found: https://www.orangecountync.gov/2788/Minority-Business- 27 Resources 28 29 The Chapel Hill Orange County Visitors Bureau has built and continues to maintain several 30 websites in support of Black, Latinx and refugee affiliated groups, to include: 31 o www.chapelhilldiversity.com which is designed to amplify diverse narratives; and 32 o https://chapelhilldiversity.com/businesses/ which is a continuously updated Black 33 Owned Businesses directory. 34 35 The County's Eno Arts Mill studio in Hillsborough serves as an art-based small businesses 36 incubator by providing critical workspace for area artists which also has a focused 37 marketing campaign. Currently, 43% of the County's artist-tenants are Black, Latinx, or 38 refugee. 39 40 • The Piedmont Food Processing Center offers a variety of assistance and financial 41 assistance for incubator members. Of the current tenants, 48% are women-owned small 42 businesses and 59% are owned by non-white individuals. 43 44 The County also provides funding to support Durham Technical Community College's 45 Small Business Center. The Center provides free, one-on-one business counseling and 46 a variety of business skills seminars/webinars. Of the enterprises served by the Center in 47 Orange County, 83.3% are women-owned, 16.7% are Hispanic/Latino owned, and 63.6% 48 of all the businesses served identify as part of a minority group. 49 9 1 Travis Myren, Deputy County Manager, introduced the item. He reviewed the information 2 included in the background of the agenda abstract. 3 Chair Bedford said initially she did not think it was something the Board should consider, 4 but Commissioner Richards asked for her to reconsider and bring it to the attention of the whole 5 Board. 6 Commissioner Richards thanked Chair Bedford for taking another look at the request. She 7 said she has been working with the Alliance since they existed. She said that this is a service 8 contract, and it is not a staff member. She said it is a contract for a specific set of work. She said 9 that the county has been asked to support the program for 3 years and after that it would be on 10 their own. She said that all three entities agree that there is a need for this kind of support. She 11 said she views this as a way to leverage everyone's efforts across the county. 12 Vice-Chair Greene said it would provide a service that is not currently offered. She 13 reviewed features of the proposal that set it apart from other efforts. She said that the county can 14 add to the infrastructure that is already there by participating. 15 Commissioner Richards said agribusiness is part of this growth and that the refugee 16 population is also getting into farming. She said that potential can be leveraged here. 17 Commissioner Hamilton said she sees the need for focusing on BIPOC businesses. She 18 said that it is a huge amount for one person. She said she would be concerned that the person 19 would be set up for failure without support. She said that the performance measures seemed 20 challenging for one person to attain. She said she feared that they would not get what they were 21 looking for with this position. She said she would like to know a lot more about these businesses. 22 Commissioner Portie-Ascott said she thought it was a phenomenal idea and as a black 23 business owner, she knows that there is additional support needed to be successful. She asked 24 if they needed to shift to, can they implement the services. 25 Commissioner Richards said other departments are not going to quit what they are doing. 26 She said that her understanding is that the person would have an office at the Chamber, but they 27 would work with the staff of the individual entities to understand what is going on in each 28 community. She said that she sees the power in one person. 29 Commissioner Portie-Ascott asked if that means if one person is held accountable to 30 achieve these outcomes. 31 Commissioner Richards said that it is a service contract. She said that maybe it ends up 32 being the government providing what they are doing, and they would still be engaged. 33 Commissioner Fowler said it does not read like a service contract because it includes 34 salaries and dental. She said that information in the agenda packet includes representing BIPOC 35 businesses to government and that would be in essence, paying people to lobby the 36 commissioners. She said that it needs to be clearer what deliverables are being brought to the 37 county. She said that she would prefer it to be in-house, so they can decide what deliverables 38 they want. She said one of the largest underemployed groups are those with disabilities and they 39 are not listed. She asked if this process would be redone for that group. 40 Commissioner Richards said she called it a service contract because that was how it was 41 described in the agenda packet. She said there are additional costs that they are not being asked 42 to support. She said Carrboro already had a service contract. She said that is not a full-up salary 43 and there would be other costs. 44 Chair Bedford said she has a number of concerns and does not support this proposal 45 through this vehicle. She said she wants to do better work to support these businesses. She said 46 when they do their outside agency funding, they are 501(c)(3) nonprofits, and they specify 47 mandated services. She said that the county does a lot of work but sometimes needs help. She 48 said the Chamber is a 501(c)(6)organization and a not for profit. She said that those organizations 49 can engage in lobbying. She said that the state chamber is concerned about the nominee for the 50 state superintendent of schools. She said as a commissioner, she wants to be independent when 51 making decisions. She said that the lobbying they get periodically is not ok. She said the lack of 10 1 oversight and so many bosses are not good and adds an extra layer of bureaucracy. She said 2 she also thinks it is redundant. She said it is a good point to centralize it. She said they spent 3 $70,000 on LAUNCH, they subsidize the PFAB, they spent $20,000 for the Innovation Hub in 4 Chapel Hill, and $72,000 for Durham Tech to provide a small business administrator. She said 5 she sees a lack of communication. She said that she has heard reports that they have services 6 and grants, but she would direct manager to increase communication. She said she did not know 7 that the CHOCVB has a list of minority businesses and sources. She said they know from the 8 valid survey for the Strategic Plan that communication needs to be a focus here and they want 9 them to assist and focus on minority businesses. She said they can ask the Durham Technical 10 Community College to focus on minority businesses. She said that a position like this should focus 11 on the whole county, notjust Chapel Hill and Carrboro. She said it is important to do this internally. 12 She said the collaboration piece is better done and better managed, unlike the climate and food 13 council, in-house. 14 Commissioner McKee said when he joined the Board, economic development was in a 15 feeble state. He said that he has watched that evolve and strengthen. He said there was also no 16 contact with Raleigh early on, but it has been an extraordinary job to bring them back from the 17 brink. He said he sees this as a complement to economic development efforts. He said if they are 18 not open to all avenues then they are missing opportunities. He said that the county must keep 19 moving forward. He said that it is a service contract. He said the questions that other members 20 have brought up are important and should be addressed. He said that many entities contact him 21 to request and lobby for support. He said there will be many departments to lean on, including 22 the Chamber. 23 Vice-Chair Greene said there is one entity that cannot lobby the county, which is the 24 Partnership to End Homelessness. She said it sounds like there are four commissioners 25 interested in bringing it back to a business meeting, where they can receive public comment. 26 Commissioner Fowler asked how the position will be funded in years 4 and 5. She also 27 asked if this could be expanded to include individuals with disabilities. 28 Commissioner Portie-Ascott said she thought it was a great idea and she was in support 29 of it. 30 Commissioner Richards said she supports bringing this back and having more information 31 available. 32 Chair Bedford said they would want to see a contract and real numbers of what is 33 proposed. 34 Commissioner Hamilton said she still thinks it will be hard for someone to be successful 35 in this position. She said it would be important to be clear how that individual will be evaluated. 36 There was consensus on the Board to move forward and get more information on the 37 proposal and bring it back to a future business meeting. 38 39 3. Affordable Housing Advisory Board —Appointments Discussion 40 The Board discussed appointments to the Affordable Housing Advisory Board. 41 42 BACKGROUND: The Affordable Housing Advisory Board prioritizes affordable housing needs 43 and assesses project proposals. The Board also publicizes the County's housing objectives, 44 monitors the progress of local housing programs, explores new funding opportunities, and works 45 to increase the community's awareness of, understanding of, commitment to, and involvement in 46 producing attractive affordable housing.As a general practice, this Board has decided not to make 47 recommendations for vacancies. 48 49 The Board of County Commissioners appoints all fifteen (15)At-Large members. 50 51 11 1 The following positions are presented for Board consideration: 2 NAME SPECIAL TYPE OF EXPIRATION REPRESENTATIVE APPOINTMENT DATE TERM BOCC At-Large Partial Term 06/30/2024 Appointee BOCC At-Large First Full Term 06/30/2026 Appointee 3 4 If the positions listed above are filled, no vacancies remain. 5 6 Tara May introduced the item. 7 Commissioner Fowler suggested Thomas Grasty, Monica Palmeira, and Todd Orr. 8 Vice-Chair Greene agreed on Monica Palmeira. She said her other choice was David 9 Roth. 10 Chair Bedford said she also supported Monica Palmeira. 11 The Board agreed by consensus to appoint Monica Palmeira 12 Commissioner Portie-Ascott suggested Shahnaz GiGi Rashdi and Alicia Reid. 13 Chair Bedford suggested Alicia Reid and Thomas Grasty. 14 Commissioner Fowler said she also liked Shahnaz GiGi Rashdi. 15 Tara May said that the Advisory Board on Aging is considering making a recommendation 16 for Shahnaz GiGi Rashdi to fill a future vacancy on their board. 17 Vice-Chair Greene asked if Shahnaz GiGi Rashdi had indicated that the Aging board was 18 her first choice. 19 Tara May said yes. 20 Vice-Chair Greene said that was important information for her when deciding on filling 21 vacancies, and that's why she didn't choose Shahnaz GiGi Rashdi for the Affordable Housing 22 Advisory Board. 23 The Board agreed by consensus to appoint Alicia Reid. 24 25 4. Animal Services Hearing Panel Pool —Appointments Discussion 26 The Board discussed appointments to the Animal Services Hearing Panel Pool. 27 28 BACKGROUND: The charge of the Animal Services Hearing Panel Pool is to hear appeals 29 concerning violations of the Orange County Code of Ordinances, Chapter 4 ("Animal Control 30 Ordinance"), as provided in the Orange County Code of Ordinances, Section 4-53 Appeals, and 31 also potentially dangerous dog appeals as prescribed by North Carolina General Statute §67- 32 4.1(c). It is the responsibility of pool members to conduct fair and impartial hearings for these 33 appeals and members will receive training in both law and proper procedure prior to participating 34 in a hearing. 35 36 The Board of County Commissioners appoints twelve (12) members, with representation from 37 various fields. The Towns of Carrboro, Chapel Hill, and Hillsborough each appoint two (2) 38 members from their respective jurisdictions. 39 40 The following individuals and positions are presented for Board consideration: 41 12 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Mark J. Town of Hillsborough Second Full Term 03/31/2027 Solomon Me ie Romick At-Large Second Full Term 03/31/2027 BOCC At-Large First Full Term 03/31/2027 Appointee Unincorporated BOCC Animal Services Partial Term 03/31/2025 Appointee Advisory Board Member 1 2 If the individuals listed above are appointed, the following vacancies remain: 3 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Town of Carrboro 03/31/2026 Vacant since 03/31/2023 Town of Chapel 03/31/2026 Vacant since 03/31/2023 Hill Town of 03/31/2025 Vacant since 03/31/2022 Hillsborough Public Health Field 03/31/2026 Vacant since 03/31/2023 Public Safety Field 03/31/2024 Vacant since 05/18/2021 At-Large 03/31/2025 Vacant since 03/31/2022 At-Large 03/31/2026 Vacant since 03/31/2023 4 5 Tara May introduced the item. 6 The Board agreed by consensus to appoint the recommended applicants. 7 Tara May said that she identified vacant positions that the two new applicants would be 8 eligible to hold. 9 Vice-Chair Greene said that Deborah Hill would be eligible to hold the Animal Services 10 Advisory Board Member position. 11 Tara May said that she thought Thomas Gambill might fit in the At-Large Unincorporated 12 position. 13 The Board agreed by consensus to appoint Deborah Hill to the Animal Services Advisory 14 Board Member position and Thomas Gambill to the At-Large Unincorporated position. 15 Commissioner Hamilton asked if Thomas Gambill would fit for the Public Safety Field 16 position, based on his experience. 17 Chair Bedford said she was not sure if his training and experience made him eligible for 18 that position, but she asked Tara May to review the requirements and decide where Thomas 19 Gambill best fit. 20 Commissioner Hamilton agreed with this direction. 21 Tara May said she would do so and would bring the final position assignment list to the 22 Board's next business meeting. 23 24 13 1 5. Arts Commission —Appointments Discussion 2 The Board discussed appointments to the Arts Commission. 3 4 BACKGROUND: The Arts Commission recommends strategies to promote the artistic and 5 cultural growth of Orange County, advises the Board of Commissioners on matters involving the 6 arts, and acts as the granting panel for funding programs available to individual artists and non- 7 profit groups sponsoring arts projects in Orange County. 8 9 The Board of County Commissioners appoints all fifteen (15)At-Large members. 10 11 The following individuals are recommended for Board consideration: 12 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Heather At-Large First Full Term 09/30/2026 Washburn John Bemis At-Large Second Full Term 03/31/2027 Dr. Crystal Wu At-Large Second Full Term 03/31/2027 Lindsey Metivier At-Large Second Full Term 03/31/2027 13 14 If the individuals listed above are appointed, no vacancies remain. Please note that Position #1 15 was filled at the March 7, 2024 Business meeting, after the publication of this agenda package. 16 17 Tara May introduced the item. 18 The Board agreed by consensus to appoint the recommended applicants. 19 20 6. Board of Equalization and Review—Appointments Discussion 21 The Board discussed appointments to the Board of Equalization and Review. 22 23 BACKGROUND: The Board of Equalization and Review is a quasi-judicial body that hears 24 appeals from residents concerning various property tax issues, including valuation and exemption 25 appeals. The Board of Equalization and Review is charged with ensuring that all taxable property 26 is appraised and assessed according to the standards required by the North Carolina General 27 Statutes. Due to the nature of its work, the Board of Equalization and Review does not make 28 recommendations for appointments. 29 30 The Board of County Commissioners appoints three (3) members and seven (7) alternates, and 31 designates the Chair. Appointees serve two year terms, but there is no limit to the number of 32 terms one may serve. 33 34 The following positions are presented for Board consideration: 35 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM BOCC Alternate Partial Term 03/31/2025 Appointee BOCC Alternate Partial Term 03/31/2025 Appointee 14 1 If the positions listed above are filled, the following vacancy remains: 2 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Alternate 03/31/2025 No Additional Applicants 3 4 Tara May introduced the item. 5 The Board agreed by consensus to appoint Vaughn Compton and Richal Vanhook. 6 7 7. Chapel Hill Board of Adjustment—Appointment Discussion 8 The Board discussed an appointment to the Chapel Hill Board of Adjustment. 9 10 BACKGROUND: The Chapel Hill Board of Adjustment is authorized to hear variance cases 11 regarding the provisions of the Chapel Hill Land Use Management Ordinance and appeal cases 12 regarding decisions made by Town staff. 13 14 The Board of County Commissioners appoints one (1) resident representing the Chapel Hill 15 Extraterritorial Jurisdiction, one (1) resident representing the Chapel Hill Extraterritorial 16 Jurisdiction or the Joint Planning Area, and one (1) alternate representing the Chapel Hill 17 Extraterritorial Jurisdiction or the Joint Planning Area. 18 19 The following position is presented for Board consideration: 20 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM BOCC Chapel Hill Partial Term 06/30/2025 Appointee ETJ 21 22 If the position listed above is filled, the following vacancy remains: 23 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Chapel Hill ETJ or 06/30/2026 Vacant since 06/30/2023 JPA 24 25 Tara May introduced the item. 26 The Board agreed by consensus to appoint BJ Warshaw to the vacant Chapel Hill ETJ 27 position. 28 29 8. Chapel Hill Planning Commission -Appointment Discussion 30 The Board discussed an appointment to the Chapel Hill Planning Commission. 31 32 BACKGROUND: The Chapel Hill Planning Commission develops a comprehensive plan for the 33 orderly growth and development of Chapel Hill. It reviews all plans for buildings, projects and 34 facilities to be located within the Town's jurisdiction. It also formulates and recommends the 35 adoption and amendment of ordinances. 36 15 1 The Board of County Commissioners appoints one (1) resident representing the Chapel Hill 2 Extraterritorial Jurisdiction (ETJ), as well as one (1) resident representing the Chapel Hill 3 Extraterritorial Jurisdiction or the Joint Planning Area (JPA). 4 5 The following position is presented for Board consideration: 6 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM BOCC Chapel Hill Partial Term 06/30/2025 Appointee ETJ or JPA 7 8 If the position listed above is filled, no vacancies remain. 9 10 Tara May introduced the item. 11 Vice-Chair Greene suggested Libby Thomas. 12 The Board agreed by consensus to appoint Libby Thomas to the vacant Chapel Hill ETJ 13 position. 14 15 9. Historic Preservation Commission —Appointment Discussion 16 The Board discussed an appointment to the Historic Preservation Commission. 17 18 BACKGROUND: The Historic Preservation Commission is charged with undertaking an 19 inventory of properties of historical, prehistorical, architectural, and/or cultural significance. It 20 recommends areas to be designated or removed as "historic districts" and reviews and acts upon 21 proposals for alterations, demolition, new construction, etc. 22 23 The Board of County Commissioners appoints all seven (7) At-Large members. 24 25 The following individual is recommended for Board consideration: 26 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Cecilia Moore At-Large Second Full Term 03/31/2027 27 28 If the individual listed above is appointed, no vacancies remain. 29 30 Tara May introduced the item. 31 The Board agreed by consensus on the recommended applicant. 32 33 10. Orange County Parks and Recreation Council —Appointments Discussion 34 The Board discussed appointments to the Orange County Parks and Recreation Council. 35 36 BACKGROUND: The Orange County Parks and Recreation Council consults with and advises 37 the Department of Environment, Agriculture, Parks and Recreation, and the Board of County 38 Commissioners on matters affecting parks planning, development and operation; recreation 39 facilities, policies and programs; and public trails and open space. 40 16 1 The Board of County Commissioners appoints all twelve (12) members with representatives from 2 each of the County's townships plus its municipalities, as well as two (2) non-voting youth 3 delegates. 4 5 The following individuals are recommended for Board consideration: 6 NAME POSITION DESCRIPTION TYPE OF EXPIRATION APPOINTMENT DATE TERM Gregory At-Large Partial Term 03/31/2025 Husketh Natalie Ziemba At-Large Second Full Term 03/31/2027 Christopher Carrboro City Limits Second Full Term 03/31/2017 Colvin 7 8 If the individuals listed above are appointed, the following vacancy remains: 9 POSITION EXPIRATION VACANCY INFORMATION DESIGNATION DATE Little River 03/31/2026 Vacant since 08/18/2023 Township 10 11 Please note that Position #2 was filled at the March 7, 2024 Business meeting, after the 12 publication of this agenda package. 13 14 Tara May introduced the item. 15 The Board agreed by consensus on the recommended applicants. 16 17 11. Orange County Planning Board —Appointments Discussion 18 The Board discussed appointments to the Orange County Planning Board. 19 20 BACKGROUND: The Planning Board studies Orange County and surrounding areas to 21 determine objectives in the development of the County. It prepares and recommends plans to 22 achieve that development, including the suggesting of policies, ordinances, and procedures. It 23 reviews development applications and makes recommendations to the Board of Commissioners. 24 Due to the nature of its work, the Planning Board does not make recommendations for 25 appointments. 26 27 The Board of County Commissioners appoints all twelve (12) members. 28 29 The following individuals and positions are presented for Board consideration: 30 17 1 NAME POSITION TYPE OF EXPIRATION DESCRIPTION APPOINTMENT DATE TERM Lamar F. Cheeks Township Second Full Term 03/31/2027 Proctor Steven Bingham Township First Full Term 03/31/2027 Kaufmann (reappointment) Charity Kirk At-Large Second Full Term 03/31/2027 BOCC Little River Township First Full Term 03/31/2027 Appointee 2 3 If the positions listed above are filled, no vacancies remain. 4 5 Tara May introduced the item. 6 The Board agreed by consensus to reappoint Lamar Proctor, Steven Kaufmann, and 7 Charity Kirk. 8 Tara May said there was one applicant for the Little River Township position. 9 Commissioner McKee said he was supportive of that applicant. 10 Chair Bedford asked for an expanded pool of applicants to choose from. 11 Vice-Chair Greene agreed. 12 The Board decided not to fill the Little River Township vacancy at this time. 13 14 Adjournment 15 16 A motion was made by Commissioner Hamilton, seconded by Commissioner Portie- 17 Ascott, to adjourn the meeting at 9:21 p.m. 18 19 VOTE: UNANIMOUS 20 21 22 Jamezetta Bedford, Chair 23 24 25 Laura Jensen 26 Clerk to the Board 27 28 Submitted for approval by Laura Jensen, Clerk to the Board. Attachment 2 1 1 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 BUSINESS MEETING 5 March 19, 2024 6 7:00 p.m. 7 8 The Orange County Board of Commissioners met for a Business Meeting on Tuesday, March 19, 9 2024, at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene and 12 Commissioners Amy Fowler, Jean Hamilton, Earl McKee, Phyllis Portie-Ascott, and Anna 13 Richards 14 COUNTY COMMISSIONERS ABSENT: None. 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 McKee. 22 23 1. Additions or Changes to the Agenda 24 Chair Bedford noted that staff requested that item 8-i be removed from the agenda. She 25 asked for a motion to approve the amended agenda. 26 27 Commissioner Richards made a motion, seconded by Vice-Chair Greene, to approve the 28 amended agenda. 29 30 VOTE: UNANIMOUS 31 32 Chair Bedford read the public charge: 33 The Board of Commissioners pledges its respect to all present. The Board asks those 34 attending this meeting to conduct themselves in a respectful, courteous manner toward 35 each other, county staff and the commissioners. At any time should a member of the Board 36 or the public fail to observe this charge, the Chair will take steps to restore order and 37 decorum. Should it become impossible to restore order and continue the meeting, the Chair 38 will recess the meeting until such time that a genuine commitment to this public charge is 39 observed. The BOCC asks that all electronic devices such as cell phones, pagers, and 40 computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 41 42 2. Public Comments (Limited to One Hour) 43 a. Matters not on the Printed Agenda 44 45 Dan Schnitzer said he was speaking in support of the Hillsborough Hogs. He thanked the 46 Board for listening to the community. He said his son participated in a tournament earlier this year 47 and felt anxious about competing, but his son was supported and encouraged by the coaches. 48 He said the Hogs' culture represents the best of Orange County. He asked the Board to find a 49 way to continue to support the Hillsborough Hogs. 50 Thomas Deis, the President and scheduler for Triangle Youth Hockey of NC, said he is 51 there to speak in support of youth hockey and the Hillsborough Hogs in Orange County. He said 2 1 this issue has created a lot of anxiety in the community. He said the dispute between the 2 Hillsborough Hogs and Recreation Factory Partners (RFP) is a difficult one. He said there is a 3 question of where the youth will play. He explained why there is increasing urgency in the need 4 for the county to respond. He said they are governed by USA Hockey and travel programs have 5 tryouts May 10-11. He said that is dictated by USA Hockey. He said that players are expected to 6 commit by mid-May. He said house leagues do not have tryouts and they are a recreational 7 league. He said their registration is usually mid-June through early July. He said that families are 8 tense and upset about recent changes by Recreation Factory Partners. He said there could be 9 an exodus of families leaving Orange County and driving to play hockey in other counties. He 10 said a lot of the programs around are also seeing the same demand for hockey and limited ice 11 time. He offered his assistance and support if the Board has any questions about hockey. 12 Martin Molloy said he reviewed the emails from RFP sent to the Board. He said that in one 13 email, RFP states that the Hogs will live on with the same amount of ice time and volunteers. He 14 said that no one has contacted the volunteers or families to talk about the need for volunteers or 15 continuing the program. He said it is causing a lot of anxiety. He said his son has said he will not 16 play for RFP, and they are looking at a way to play hockey outside of Orange County. He said 17 the presumption that they will play for the RFP and be under their management seems galling to 18 him. He said that his son will be done playing hockey in a couple of years. He said that even when 19 he is done, he would stay and volunteer for the Hogs, but he will not volunteer for a profit company 20 that is trying to feed into their travel program. He said time is of the essence and depending on 21 elected officials to intervene. 22 Neel Vuolo thanked the Board for listening to the concerns of the commenters. He said 23 his son played for the Hogs and had great coaches who were good teachers of the game. He 24 said his son has made friends through the program, off and on the ice. He said that the program 25 has helped him become a self-assured young man. He said that the proposal by RFP is a sham. 26 He asked where they would find dedicated volunteers. He asked how they would get ice time 27 and what would happen if the Hogs were unable to do so. He said it seems like it is set up to fail 28 and that would leave only their overly expensive travel team. 29 Andy Dwyer said he is a hockey parent and a volunteer coach. He said he has a lot of 30 positive things to say about their organization. He said they prioritize being a good person first 31 and having fun. He said that objectively though, they are high scoring on all measures of success. 32 He said no one makes a dime. He said it is all volunteer led. He said it is an extremely high 33 performing organization and now a for-profit management company will be hired to replace them 34 and take over youth hockey. He asked who would be paying for this support and if it would be 35 based on Orange County taxpayer money. He asked the Board to ask the questions to RFP and 36 if they find the answers are not satisfactory, then it is a major cause for concern. 37 Kristin Bedell said she has been a hockey parent since 2014 and she was lucky enough 38 to be a volunteer coach. She said that her shy kid blossomed on the ice. She said that he is 39 learning to be a better person through hockey. She said that there is pride that comes with 40 continuing a 43-year-old sports tradition in Orange County. She said that during this dispute, a 41 SportsPlex employee did not act in good faith and made a mistake by accessing minors social 42 media accounts, including her own child's account. She said her child has reported being fearful 43 of retaliation at the SportsPlex. She said that it is not the first time that employees have used 44 social media inappropriately involving the accounts of minors. She said that when she brought 45 this up to management, including screenshots, her concerns went ignored. She said that she then 46 reached out to commissioners and found out that SportsPlex management had already been in 47 contact with them. She said after that, the management contacted her. She said that she asked 48 for a public apology and there has not been one, nor is one likely to be forthcoming. She said that 49 there should also be training for employees on proper social media use. She said she was given 50 a section of the handbook that focuses on protecting the SportsPlex brand rather than the public. 51 She said that the response she received expressed outrage that anyone would even consider 3 1 retaliation by management as a possibility. She said that this is a distraction. She said the 2 SportsPlex motto is family, fun, fitness. She said in her family they teach that they can do what 3 they can to make things right. She asked the commissioners to consider if the SportsPlex values 4 still align with the values of families in Orange County. 5 Mark Bedell said he is a board member for the Hillsborough Hogs. He said youth hockey 6 is a growing sport and the Hogs have guaranteed that any child, regardless of income and ability, 7 would have access to the sport. He said that RFP manages the Sportsplex and said that the Hogs 8 will not have access to the ice. He said that RFP does not have the staff to manage that program 9 and they are seeking volunteers but there is already an organization that runs youth hockey 10 without paid staff. He said that the Hogs have already been using scheduled time from the RFP 11 and all they are asking for is the ability to run the same program as last season. 12 Abby Ambrozic said she is 16 years old and has played hockey for the Hogs since she 13 was 8 years old. She said that she is confident, brave, and strong because of her experience with 14 the Hogs. She said that Hogs hockey is like a family. She said having the option of affordable 15 hockey so close to home is something she is grateful for. She said they are asking for support to 16 help keep Hogs hockey a lively organization. She thanked all of the families and said that she 17 hopes they can play another season together. 18 Mary Lawrence read a letter from the Collins Creek/Bingham Woods/Orange Grove 19 community thanking the Board for taking the time to visit their community and listen to their 20 concerns. She said the community was happy to hear that the OWASA property was no longer 21 under consideration by the county to be used for a recycling center. She gave copies of the letter 22 to the Clerk to the Board for distribution to the Board of Commissioners. 23 24 Commissioner McKee arrived at 7:24 p.m. 25 26 Leslie Grother showed the Board a picture her son drew in support of the Hillsborough 27 Hogs. She read a portion of a letter/e-mail from Kristin Burrows, which had previously been sent 28 to the Board of Commissioners: 29 "1 hope you will consider whether RFP's statements can be trusted and will question what their 30 motivations are. 31 As one example, the Amendment adds that RFP shall offer travel level youth sports leagues, but 32 also that those travel youth leagues/team shall not supplant OR REDUCE ACCESS by house/rec 33 level youth leagues or team. It would be hard to accomplish both of those requirements when 34 adding a new travel hockey program (unless other ice programs or activities are reduced). The 35 Carolina Thunder travel hockey program did, in fact, reduce access to ice time for the Hogs. Yet, 36 in an effort to work with RFP and the Carolina Thunder, the Hogs proposed ways to accommodate 37 ice time for both programs by reducing some of their ice time requests for the coming season. 38 John Stock and RFP then used that good-faith compromise proposal against the Hogs without 39 proper context, and implied and misrepresented that the Hogs were creating issues of access to 40 the sport; these statements were made to the Board in an email dated March 6, 2024, trying to 41 justify their actions. A public-private partnership requires trust and, in my opinion, cannot and 42 should not survive such a shameful display of dishonesty... 43 1 have reviewed the contract and know you will need the opinion of the County Attorney and 44 possibly outside attorneys, but there is certainly an argument that there's a distinction between 45 the "day-to-day operations" of scheduling ice time (or pool time or court time) for various groups 46 and customers and suddenly telling a local non-profit youth organization, who has been a long- 47 time customer interwoven in the history of the Sportsplex, that they will be proactively and 48 explicitly denied access to their community facility. How does RFP's ousting of the Hogs fulfill the 49 contract's stated purposes of managing the facility'in the county's best interest'and the`cultivation 50 of broad community support?' 4 1 ...Do the new hockey programs fall under Section 2.3(c) as an additional service that requires 2 county approval? Did RFP present a proposal to the county regarding starting a new hockey 3 program? Are either of the new teams registered businesses? Are either or both of them falling 4 under the umbrella of the Sportsplex business? What is the financial relationship between the 5 Sportsplex and Carolina Thunder? What is the management relationship between the Sportsplex 6 and Carolina Thunder? The official contact email for the Carolina Thunder is a Sportsplex 7 employee email address. Section 9.1 of the contract states that RFP shall not take or use for its 8 own purposes, or third parties, the Sportsplex member/user lists. I have received communications 9 from the Sportsplex about the Carolina Thunder, so where is the line between the Carolina 10 Thunder and the Sportsplex, if any?" 11 12 b. Matters on the Printed Agenda 13 (These matters will be considered when the Board addresses that item on the agenda below.) 14 15 3. Announcements, Petitions and Comments by Board Members 16 Chair Bedford petitioned for a formal opinion from the County Attorney about whether the 17 management services agreement allows the county to intervene with the Sportsplex management 18 company and, if so, what are the mechanisms and what are the associated risks. She thanked 19 those in attendance for clarifying the dates regarding hockey sign ups during the public comment 20 period. She said the following day at the Seymour Center there will be a public workshop hosted 21 by the Durham Chapel Hill Carrboro MPO to help identify community needs and 22 recommendations for transit services, particularly for older adults. She said a similar workshop 23 will be held on March 21 at the Durham County administrative building, and a virtual option will 24 be held on April 10. She said there will be a job fair on April 17 from 10 a.m. to 2 p.m. and 25 encouraged any employers who are interested in joining to contact the county. 26 Commissioner Hamilton said she attended a financial retreat for the Alliance board. She 27 said the tailored plan which provides comprehensive services for residents is on track to roll out 28 on July 1 and Alliance is ready. She said earlier in the day she took a tour of Freedom House and 29 learned more about the behavioral and substance abuse services in the community. She said the 30 School Capital Needs Workgroup would meet the following day. 31 Commissioner McKee said he appreciated everyone in attendance at the meeting for 32 speaking on issues at the Sportsplex. He said that there had been a previous issue at the 33 Sportsplex that he thought had been addressed. He said he had requested copies of the contract 34 and had petitioned at the last meeting to start exploring other options. He said that he had read 35 a disturbing email that was about the need for professional staff. He said he was very concerned. 36 Vice-Chair Greene said she and Commissioner Richards attended the Child Care 37 Services Association awards breakfast, where a teacher at the Little School in Hillsborough was 38 a semi-finalist for one of the major awards. She said she attended the Justice Advisory Council 39 where the Clerk of Court, Mark Kleinschmidt, made a presentation on the major transition to an 40 automated system for the courts. She said there were also presentations on restorative justice 41 efforts. She said earlier in the day she went to the DSS board meeting during which the FY25 42 budget request was discussed. She said DSS plans to ask for funding for new positions, and that 43 the department has had to deal with some tough situations in the past year. She said that county 44 extension agent Mart Bumgarner has created a controlled burn group, and they would be 45 performing a controlled burn at the Chapel Hill Creamery on March 21. 46 Commissioner Portie-Ascott said she visited Piedmont Health Services to learn more 47 about the services they provide for the community. She discussed several of the services and 48 initiatives Piedmont Health undertakes to meet the needs of their patients. She said that Piedmont 49 Health Services also provides school-based behavioral health services and that they would like 50 to partner with Orange County schools in this initiative. She said she attended the Local 51 Government Affordable Housing Collaborative meeting the previous day, where they reviewed the 5 1 allocations for the HOME funds. She said she attended the Lumos community event at Lattisville 2 Grove where there was discussion about community investment by Lumos. She said that one 3 suggestion was the development of a fiber optic/broadband tech position. She said the 4 community wants good paying jobs for people living in Orange County. 5 Commissioner Fowler said that earlier in the day the Strategic Plan Performance 6 Measurement Subcommittee met and discussed the first two priorities, climate and health. She 7 said there were two more meetings scheduled, on March 22 and April 2. 8 Commissioner Richards said at the awards breakfast that she and Vice-Chair Greene 9 attended, one of the awards was for a childcare program that shares costs with employers, 10 families, and the government. She said she attended the Lumos update and the Orange County 11 Emergency Services awards program. She said she shared the information with the Partnership 12 for Young Children. She said the Jordan Lake board met on March 14. She noted two events for 13 World Water Day on March 23. She said one is a cleanup day at Jordan Lake and honors former 14 Orange County commissioner and Chapel Hill mayor Pam Hemminger. She said there will also 15 be an event at Umstead Park. She said she attended an ABC Board meeting that day and heard 16 reports from grant recipients. She said EI Futuro presented as well as two students from Orange 17 County Schools on the ADAPT (Alcohol and Drug Abuse Prevention Team) program. She said 18 that Orange County family court, Orange County drug treatment court, and reentry house were 19 also there. She said that she also attended the Burlington Graham MPO meeting. She said there 20 was grant funding available for the Mountains-to-Sea Trail. She thanked everyone who was in 21 attendance. 22 Commissioner McKee read a portion of a statement that he found objectionable from John 23 Stock of RFP, the management company for the Sportsplex: 24 "The very original proposal to the Hogs was that we "merge" efforts with us taking the lead on 25 registration administration, player development, and scheduling ice slots directly. In essence that 26 part of hockey where we have full-time highly qualified staff. The Hogs Board could continue to 27 do the rest." 28 He said the statement shows a move towards doing things in-house and displaces an organization 29 that has evidently been very successful. 30 31 4. Proclamations/ Resolutions/Special Presentations 32 a. Eno-New Hope Landscape Conservation Plan Presentation 33 The Board received a presentation of the Eno New Hope Landscape Conservation Group's 34 "Strategic Action Plan" and updated spatial analysis results. 35 36 BACKGROUND: Several years ago, a group of experts and staff within the conservation 37 community from Orange and Durham counties, Duke University's Duke Forest Teaching and 38 Research Laboratory, Eno River Association, Triangle Land Conservancy, NC Natural Heritage 39 Program, NC Wildlife Resources Commission, NC Botanical Garden, and other 40 practitioners/experts began meeting to discuss the need for collaborative conservation planning 41 across jurisdictional lines for a four-county area (Orange, Durham, Chatham, and Wake counties). 42 These counties share many of the same watersheds and wildlife corridors/open space networks, 43 and all have conducted inventories of natural areas and spent significant time and resources 44 documenting and working to protect conservation lands. 45 46 In discussions, the concept of the multi-county plan was centered on the importance of 47 connections between existing conserved lands for wildlife, natural communities/habitats, and 48 ecosystem services. The collaborating group met on several occasions and agreed that the focus 49 of the plan should be built around one of the most important shared areas, the connections of the 50 New Hope Creek and Eno River conservation networks, and that this plan be made available to 51 local counties and municipalities, public and private institutions, and nonprofit land conservancies 6 1 in the four-county region for use in prioritizing conservation efforts inclusion into local policies and 2 plans. 3 The group determined the need for a spatial analysis and mapping effort to demonstrate the most 4 vital connections between conserved and undeveloped areas for wildlife and the ecosystem types 5 which support them. 6 7 Funding was secured from the NC Wildlife Resources Commission, with additional support from 8 Orange County, to hire a consultant to conduct the spatial analysis, research the data, and create 9 the analysis layers and associated maps. Through collaborative brainstorming sessions, three 10 keystone species were identified to best represent their distinctive habitats and other associated 11 animals, as well as their corridor, or connectivity, requirements. These species and their 12 respective habitats are as follows: 13 14 - Eastern Box Turtle (Dry-Wet Mixed Hardwood-Pine Forests) 15 - Bobcat (Sparsely Settled Mixed Habitats) 16 - Four Toed Salamander (Wet-mesic Hardwood Forests) 17 18 This effort generated enhanced mapping layers that represented the habitat areas for each animal 19 and its associated guild, and these layers were combined with land use layers to create a habitat- 20 corridor analysis. These results and associated recommendations were presented at the 2019 21 Environmental Summit at the NC Botanical Gardens, hosted by the Commission for the 22 Environment (CFE). The CFE also requested an additional presentation and opportunity for in- 23 depth discussion of recommendations, which was conducted at the CFE's March 2020 meeting. 24 25 In 2020, the group was awarded a Catalyst Fund grant from the Network for Landscape 26 Conservation to form a strategic action plan to implement the report findings. A coordinator was 27 hired, and a steering committee was formed with representatives from Orange and Durham 28 counties, Eno River Association, Triangle Land Conservancy, Duke University's Duke Forest, NC 29 Wildlife Resources Commission, and the NC Botanical Gardens. Over the next two years, the 30 steering committee worked to engage a large group of stakeholders and volunteers from around 31 the study area to draft a strategic action plan outlining actions necessary for ensuring 32 conservation connectivity. Four subcommittee groups were separated by specialty and/or direct 33 interest — Education and Outreach, Land Use, Conservation, and Transportation. The final draft 34 of the action plan was presented at a celebration event in the Robin Jacobs Pavilion at the Eno 35 River Association's Confluence Natural Area in October 2022. 36 37 The Board of Commissioners received a copy of the report and a cover memorandum in March 38 2023 as an Information Item. The report attached herein is the same, but an updated map has 39 been attached to reflect updated and included data. 40 41 In 2023, Durham County, utilizing funds from a Burt's Bees grant program, expanded the report 42 data and mapping area to include the entirety of Durham County, particularly of the Upper Neuse 43 Watershed. This expansion benefitted Orange County by expanding the data and mapping 44 analysis to the northern most areas of the County, leaving only a portion of the Cane Creek and 45 Haw River Watershed as area for an expanded analysis. 46 47 The findings of the report have significant implications and potential guidance for local 48 conservation programs, such as the County's Lands Legacy Program and other upcoming plans. 49 As such, value was seen in sharing this Strategic Plan with the Board at this time, as local 50 conservation plans are being updated in the coming months. 51 1 David Stancil, Director of the Department of Environment, Agriculture, Parks and 2 Recreation introduced the item and presenters Johnny Randall, who recently retired from the NC 3 Botanical Gardens and Bo Howes, the Director of Land Protection with Triangle Land 4 Conservancy. 5 6 Johnny Randall made the following presentation: 7 8 Slide #1 • f • Connectivityle Collaborative: - Habitat Networks Orange County Johnny Randall&Bo Howes Minch 2024 9 10 Johnny Randall said they are talking about an extension of what Lands Legacy Program 11 already does. He said Rich Shaw, the retired land conservation manager, was a founding member 12 of the group, and that his successor, Christian Hirni, is also on the steering committee. 13 14 Slide #2 Triangle Connectivity Collaborative a. ..._ ORANGE COUNTY (7UiCE FORRS"f `�^ N()RT'H CAROLINA `, //Z' L�'` Our Mission TRIANG LLE LAND BOTANICAL SOUTHERN / �I�. CONSERVANCY R R GARDEN LANW RONMENTAL VVV y• .• CENTER '® To conserve and restore landscape habitat connectivity that ensures long term protection [I • and resilience of biodiversity and natural resources. 15 16 Johnny Randall said the collaborative has a lot of partners. WHY D I D TH E SOX TURTLE CROSS THE ROA '• , To get to habitat on the other side! Animals need to move across the :!`- --,mow landscape for short- and long-term � r survival: � < .��- �i, �• '• ,� nn I�PzrS• Slide #3 Y, r • Finding food, water, shelter • Finding mates, nesting • Genetic diversity _ _ �`" 3 Johnny Randall said that roads are one of the most serious threats that wildlife has. He 4 said that natural areas are often divided by roads. He said that they need to stay connected, so 5 they • Response to disturbance � ° ' • Adaptation to climate change _ •• not have to cross the road. • Slide .. HABITAT FRAGMENTATION � � �t��-3 •yf r;;+;, : ��,'� own N Mb or ISolatiOn and degradatlOn M �t '�„ ,�. � r • `' �Rir ! . � of existing protected - �'• ' ■ Susceptibility to threats I ' and edge effects � '� BIODIVERSITY DECLINE � � . • •. , Further susceptibility to � �#� �'"�'" threats, including climate �" change . r, • Ell �; w 10 9 1 Slide #5 sa STATE OF LANDSCAPE i-snonf #3 , ¢ a p CONSERVATION IN lap THE TRIANGLE �•� tti r.; v Cr�dmoor Mbane " ✓�x '- MANY YEARS OF WORKING TO PROTECT LAND AND - CONNECTIVITY IN THE TRIANGLE o gee.. +a air PACE OF DEVELOPMENT 15 .• B� v q '�°'� � x RAPID l�"�IY1}'iN4 r .I t?! Managed Areas � � �I • 6 _.�_..e �ff f f ❑Jetl�catre Nawre Preserve �!jy/ _ IJ .Reoa—d Heritage A— J —1 Yom`. a .®Ophee Pm[erhon � LLr e ,•p �l� ,�Fede©I Ownership a ff n.a - 6l State Ownersfilp C f' ;. Caryr� � Y�.O.iLorakGovernmentOwnership 3 Johnny Randall said this project has been going on since before the pandemic. He said 4 that they live in a remarkable area and want to keep it that way by connecting different nature 5 preserves. He said that they are left with following stream and river corridors to keep the spaces 6 connected. 7 8 Slide #6 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilo�, A".RESISTANCE —SURFACE h —BASED GOALSCONNECTIVITY MODELING habitatIdentify connections between them for priority . F- Prioritize habitat and corridor areas by their importance for keeping the overall landscape connected. 9 10 11 10 1 Slide #7 lie it .• r �z 7Ir ye j. EASTERN BOX TURTLE FOUR-TOED SALAMANDER Ory-wet mixed Sparsely settled Wet-mesic hardwood/pine forests mixed habitats hardwood forests 3 HABITAT GUILDS REPRESENTATIVE OF 19 PRIORITY TERRESTRIAL WILDLIFE SPECIES 2 3 Johnny Randall said if you protect the habitat for one species, you are protecting habitat 4 for a multitude of other species. 5 6 Slide #8 WHAT DOES THE DATA MEAN? Legend .. Habitat Patches Corridors Background A, fel Connectivity Priority Connectivity Priority Type 1-Highest 1-Highest Barrier(no color) °I"• 'FOipy 2-Higher 2-Higher Habitat fragment - 3-High 3-High Non-habitat 4-Moderate 4-Moderate 5-Unranked 5-Unranked 1 J CNATWIN - , J' r n;s x 7 8 Johnny Randall said that the habitat patches in the dark green areas, follow areas like the 9 Eno River, New Hope Creek, Morgan Creek, and Bolin Creek. He said that it is interesting to think 10 about that these habitats are connected all the way to the Atlantic Ocean. He said that it feeds 11 1 into the Cape Fear River and occasionally there are bears in the area and they come from the 2 eastern part of the state, and they have navigated their way through these nature corridors. 3 Chair Bedford asked for clarification about the protection of species like bobcats, which 4 she thought were uncommon in Orange County. She asked if they would be counting the animals 5 or if habitat preservation simply leads to their preservation. 6 Johnny Randall said bobcats are actually not uncommon and they are regularly caught on 7 cameras at night. He said that they are secretive and are not always seen. 8 9 Slide #9 WHAT SHOULD WE DO WITH THIS DATA? Eno-New Hope x PLAN WAS FUNDED BY THE NETWORK FOR LANDSCAPE *tic CONSERVATION StrategicAction �.."= �� �00.M1GE Cd.ARY INVOLVED OVER 60 STAKEHOLDERS Plan 0!I I LLaO V g4VGt I reortiw.vler COMPLETED IN 2022 AOL 01 :x® 10 11 Bo Howes said the plan is a GIS plan that identified the corridors and they have been 12 working to implement the corridors. 13 14 Slide #10 The History of Eno-New Our . . . . Hope Efforts This StrategicAction an(SAP}aims to achieve connectivity conservation through collaborative work car.lm sena c.,l ra ma a between four groups SVa9egrc,oafon PI.,,. 2020 _ 2015 nfemn•+� 2017 �4 1°Ea-r2w Hoa Education&Outreach Land Use sauv�wvo,°ream 2019 soa�drng cne wordatom n'lm......:,. .mun•,: u.- ncYJkc spa ecnvLYanoss omm.nda . --rrd,°,: wane.eamv keleae of C°nn . ... ria°dzraur Iana�ace>"an ` ,n,rrvar n+an 2022 0 Cumnletien and mvasa mslaorek Transportation Conservation 0 °°P� Peslgndng wlWll/einentlly Protecting and restoring roads and lnfiascnlcture crucial wildlife eo�fdors n.n.fuxncanwlrr.. ■ .� 15 16 Bo Howes said they received a grant and they have developed a Strategic Action Plan. 17 He said that was completed in 2022. He said that created four different groups to implement the 18 plan. 12 1 Slide #11 Education & Outreach —6 Land Use Goal:Ensure that our communities have the knowledge Goal: Integrate connectivity conservation into inclusive needed to value,prioritize,and implement connectivity :and use planning and decision-making while conservation in our area. prioritizing equitable outcomes Amend and1 update ordinances knowledge share Engage diverse update p3ann{ng - tolnclude and data apdiencas and documents tos'' mnnechvit- y —rinunities include -nSenration in - j — connectivity levelnpmemd-ig. conservation -dutateleirning Ikrtnerwith �,.a:` Design open space Identify bamers to andolving - local _ to pviron highest solving organerurnts enc connectivity use la In land environmental g communities use plans Values How We'll Get It Done How We'll Get It Done t t Deasa resource hub to, workshops,field on shared pri.,ities for planners,other local strategies& about corriclor status& -no..t.ty conservation outings,&educarticnal rinutualtic'efit government staff.& ordinance language educate the community v lop o.,,veb,ite Provide presentatfors. Listen.learn.&collaticrate Educateelected officials, Sh.resucces,sful Give yearly presentation, 3 Bo Howes said they wanted to share the plan and show how they will get it done. He said 4 they wanted to do as much stakeholder work as possible. He said they have also done two 5 workshops including elected leaders. He said that he has been more involved with the Land Use 6 side and one of his roles is to educate the elected leaders with the goal of incorporating the plan 7 into the planning process in local governments. 8 9 Slide #12 Transportation Conservation F R Coal:Remove barriers and avoid the creation of new Goal:Identify primary wildlife corridors in the Landscape barriers to wildlife mobility caused by transportation Plan,ensure these receive permanent conservation infrastructure along high priority landscape corridors. protection,restore degraded habitat.and manage land for target species. f Identify projects In the TransporWdon � Restore degraded Improvement Plan to work with a lano.lands m - habitat as necessarystakeholders and accommodate wildlifeidentified wildlife and manage fnr crossings corridors -`3 effective wildlife movement share the findings M e Landscape Conserve landsff, ofthPlanw{thpubilcPartner with conservation groups adjacenttoessential -land trusts,stateagencies.and wildlife crossings of elected officiaagencies and - ether orgamatons-to ensure roadways and requestarst actih on Img-term hahilat managemenP he taken t 10 13 1 Bo Howes said that the transportation segment was led by representatives from NCDOT. 2 He said that is usually a tough nut to crack to get into the door with DOT, but they have been 3 involved. He said they will work with volunteer landowners to conserve easements. 4 5 Slide #13 Contributors 5 • sJ o �`e �� •iY�/ data � .. .- Education S Outreach Land Usetle Rykme Raab lCnmrl.ANal Hastings(Ant- .—A.Maw{Ch k).CNesre ll.— -Chain ' ..... O Irl,RIII Rayarsky Fred Dlebirh Ma. Fla y J -In Cal Kolns la 11- -11 1— P— iP n Ileum ngnr Rah H-1,,Ki.M-1 eraly.L.J4 D,0,Da— GA Royarsky AIF sa i SO--Weakky.Amy R .Corey I,- ichelk Benham CC King Rlrnberly Radevnrz &andan[7avasm Nm Y ker.Sally Greene 44 IILLSRLJRUl1l:H �w•R4rlortkwaler Transportation Conservation D¢r¢F"M IChaIrJ,Ellen Rs k ann.Riea Slow. DIIWaLWm•tan II Dick Lutlmgtan WAKE Ellen Reckl,—Pete Schubert,Travis WIlson,RW EC¢-CIWrf.Te H kF R¢bn Jxo,.RiJ SUMMand Ah a Weft Sto*anie TrualI . Savage Sh M—,➢¢ba h F I r, Gia 1(evlN limlley Etl Harmon.Andy Henry Rickk Whlk-Md P—MD M . r Mik"WR Rath RamhiN D'NI&Md'a Mh—Ramona W .lane unrest.lame W`e T-V.1 Adamson.Mlrty Hucharw ��� s 4:a cnnV°'Pti.lm Steering Committee Celeste Rums,Sara Childs,Chris Hirni,Ro Howes,Nim Yisoei SAPdI Livingston,lll—kc Masa,Johnny Randall,Jul Tutde RirdFald ya¢n,2022 6 7 8 Slide #14 A• www.connectedconservationnc.org - r, d i " findingsWe urge you to instruct county staff to incorporate the of • ••- Connectivity • Legacy Plan and The upcoming tion PlaiTt�- Kathy Lee ar_ JohnnyBo Howes,Triangle Land Conservancy •. Botanical Garden _•. 9 10 14 1 Vice-Chair Greene thanked the presenters. She said her name was on the land use part 2 because she was asked to step in briefly to talk about the land use connection and the only advice, 3 she gave was for it to be a living and working document that is incorporated into all of the county's 4 plans. She said she noticed on page 41 of the report that it identifies many elements of the current 5 land use plan. She said many of the conservation goals are reflected in the plan. She said that it 6 is a continuation of the work the county has been doing. She said she hoped this information 7 would be incorporated into the new comprehensive land use plan and the lands legacy action 8 plan. 9 Christian Hirni said they would receive an update on the Lands Legacy Action Plan in April. 10 Vice-Chair Greene noted the references in the County's Climate Action Plan to priorities 11 in the Eno New Hope Landscape Conservation Group's "Strategic Action Plan." She said all of 12 the plans are being integrated together. She said her previous petition to make conservation 13 subdivisions a reality is connected to this work. She said the Green Growth Toolbox has 14 suggestions for how to build a conservation subdivision ordinance that actually works. 15 Johnny Randall said the Green Growth Toolbox is a wonderful resource created by the 16 Wildlife Resources Commission. 17 Commissioner McKee referred to slide #11. He asked how open space is defined. He 18 asked if it refers to open space owned by the county or privately owned. 19 Bo Howes said it is open to interpretation. He said it is a design, not a mandate. He said 20 that they would not go to a private landowner and tell them how they have to manage their 21 property. He said these would be recommendations. He said it would not be a restriction on 22 individual landowners. 23 Commissioner McKee said he is concerned about slippery slopes with open-ended 24 definitions. He said some farming practices do not align and are necessary. He said he does not 25 know how they ensure they do not head down a path that will have an adverse effect on farms. 26 He said the Rural Buffer impinged on a lot of farms. 27 Commissioner Fowler asked how the county would use this plan and how would they know 28 where to put money. 29 Christian Hirni said the Lands Legacy Plan will be presented next month and there will be 30 a ranking matrix category for properties that obtain clear corridors and habitat reflected in the 31 plan. 32 Commissioner Portie-Ascott asked about the statement in the agenda materials that says 33 funding was secured by NC Wildlife Resources Commission, with additional support from Orange 34 County. She asked what that statement was related to. 35 David Stancil said that there is a small area in southwestern Orange County that they 36 would like to incorporate and have the same level of data and information. He said that the county 37 participated early on, which included staff time and possibly initial funding creating the project. 38 Christian Hirni said it was the Eno-Hope Collaborative and it has been renamed the 39 Triangle Connectivity to allow Durham County to expand the program. He said they received a 40 grant from the Burt's Bees corporation and he could apply for more grants if the county approves. 41 Commissioner Richards said that the group is coming again in April. She asked if the 42 county is close to having these connections without needing to acquire more. 43 David Stancil said they are part of the way there. He said that this is not entirely different 44 from how the county has been operating in a land use way but there are a few glaring areas that 45 could use more work. 46 Commissioner Richards said they are doing a lot of different plans right now. She said 47 she has concerns that there are a lot of moving parts. She said the strategic plan has measures 48 which speak directly to how much land is preserved. 49 David Stancil said that is important. He said that at the next presentation in April, the 50 Board will see the connections and specifically, the Climate Action Plan has a lot of connectivity 15 1 to it. He said it was shared with the planning consultants as well. He said they are cognizant of all 2 of the plans in place. 3 Commissioner Fowler asked if the wildlife corridors and allowed uses are compatible. 4 David Stancil said yes and gave an example of the connection to the Mountains to Sea 5 Trail between Riverwalk and Hillsborough. He said that 1-40 is a massive barrier, but people have 6 been thoughtful to allow some wildlife connectivity underneath. He said they need to think about 7 different types of connectivity. 8 Chair Bedford asked about fences creating barriers to wildlife. 9 Johnny Randall said not all fences are created equal, so you want as much space between 10 pieces of a fence to move through those. He said it also depends on what the fence is for. He 11 asked the basis. 12 Chair Bedford said that along ten acres there is a stream, and she is assuming that a 13 stream is a wildlife corridor. 14 Johnny Randall said that is where the land is now because of buffers. He said that upland 15 connections are important too. He said that is a non-wetland corridor. 16 Chair Bedford asked if it would be valuable to say do not put a fence in a certain area. 17 Johnny Randall said that large mammals like deer would jump over a fence. He said that 18 in fencing up to a road, you need to have protection to funnel wildlife to a genuine corridor that 19 goes under the road that has an upland area where animals that are not aquatic and also allows 20 aquatic. He said it is important to keep mammals off the road, which also presents public safety 21 concerns. 22 Commissioner McKee said that 1-40 was cited as creating a significant barrier and 540 23 has an example along Little Creek in Wake County. He said there is a fence that comes down 24 along the roadway, but it connects through the creek while leaving it open. He said that one side 25 is a walking trail, and the other side is natural. 26 27 5. Public Hearings 28 a. Zoning Atlas Amendment— 6915-UT Millhouse Road, Chapel Hill 29 The Board held a public hearing, received the Planning Board and staff recommendations, and 30 public comment, closed the public hearing, and considered action on an applicant-initiated Zoning 31 Atlas Amendment to rezone +/-10.01 acres (PIN: 9871-50-3254) located at 6915-UT Millhouse 32 Road, Chapel Hill, within the Chapel Hill Township of Orange County. The proposed rezoning is: 33 FROM: RB (Rural Buffer) 34 TO: ASE-CD (Agricultural Support Enterprises - Conditional District) 35 36 BACKGROUND: A Conditional Zoning Atlas Amendment application (Attachment 1) from The 37 Treeist proposes to rezone an approximately 10.01 acres property at 6915-UT Millhouse Road, 38 Chapel Hill, in Chapel Hill Township. The Staff Report in Attachment 2 contains additional 39 information, maps, and analysis, including a summary of the applicant's narrative regarding the 40 proposed use's consistency with County-adopted plans. Approval of a site-specific plan is 41 required, and binding, agreed-upon development conditions are permitted, for a conditional 42 zoning district. 43 44 Basic Review Process: A conditional district rezoning application requires submission of a site 45 plan and associated documents, in accordance with Section 2.9.1(C) of the Orange County 46 Unified Development Ordinance (UDO). Sections 2.8 and 2.9 of the Orange County UDO 47 require the following review: 48 49 FIRST ACTION —Application is sent for courtesy review. 50 STAFF COMMENT: This property is located within the Joint Courtesy Review 51 Area as defined by the Orange County-Chapel Hill-Carrboro Joint Planning Land 16 1 Use Plan. UDO Section 2.8.4 requires that applications of zoning amendments 2 for properties located within the Joint Courtesy Review Area be processed in 3 accordance with the specified joint courtesy review procedures. County staff 4 provided application materials to Town of Carrboro and Town of Chapel Hill 5 planning staff on September 15, 2023, and comments received from this 6 courtesy review are available in Attachment 5. 7 UDO Sections 2.5.4(C)l and 2.8.5(8) require applications for Agricultural 8 Support Enterprises located within the Rural Buffer be forwarded to the County's 9 Agricultural Preservation Board (APB). The APB reviewed the application at its 10 September 20, 2023 meeting and its comments are available in Attachment 5. 11 • SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM). 12 STAFF COMMENT: The applicant held the NIM on November 17, 2023 at 4:00 13 p.m. at the Orange County Public Library (Attachment 4). 14 • THIRD ACTION — The Planning Board reviews the application at a regular meeting 15 and makes a recommendation to the BOCC. 16 STAFF COMMENT: The Planning Board reviewed this application at its regular 17 meeting on January 3, 2024. 18 • FOURTH ACTION — The BOCC receives the Planning Board and staff 19 recommendations at an advertised public hearing and makes a decision on the 20 application. 21 STAFF COMMENT: The public hearing is scheduled to be held on March 19, 22 2024. 23 24 A formal site plan is required as part of a conditional zoning application and has been submitted 25 (Attachment 1). The applicant is proposing an Agricultural Support Enterprise to locate a tree care 26 and consulting company on this site. This use will include two office buildings, a residential 27 building for a property caretaker, and a service equipment staging area. 28 29 The application and site plan were presented to the APB, as required by Sections 2.5.4(C)(1) and 30 2.8.5(B)of the UDO, but no substantive comments were provided (Attachment 5). Orange County 31 Development Advisory Committee staff approved the submitted site plan with the imposition of 32 recommended conditions, as included in the Ordinance in Attachment 9. 33 34 Additional Information 35 36 Existing Special Use Permit 37 A Class B Special Use Permit (SUP) was approved by the Orange County Board of Adjustment 38 in 1994 for the existing 180-foot telecommunication tower and 312 square foot equipment 39 building. The presence of a SUP on the property does not prohibit the use of the property for other 40 purposes, provided both uses are addressed in the conditional zoning application. The approved 41 SUP is contained in Attachment 10. 42 43 Site Access 44 A Grant of Easement and Assignment of Lease for the existing access easement was recorded 45 in 2008 between the property owner at that time and Crown Castle, the tower owner. The 46 easement language grants Crown Castle privileged rights, including first right of refusal, for the 47 sale and use of that private access easement. Crown Castle has not commented upon this zoning 48 application. Attachment 5 includes a letter detailing the applicant's legal right to the access 49 easement, which cannot be confirmed by staff. 50 51 17 1 Proposed Conditions 2 Following the January 3, 2024 Planning Board meeting, the applicant requested to vest their 3 plan's development rights, per Section 2.5.5 of the UDO. This request was added as Condition 4 #7, which was not reviewed by the Planning Board. 5 6 Following Planning Board recommendation, Orange County and the applicant negotiated the 7 details included in Conditions #5 and #6. 8 9 Per Section 2.9.1(F)(3) of the UDO, mutually agreed upon conditions can be imposed as part of 10 this process if they address: 11 a. The compatibility of the proposed development with surrounding property, 12 b. Proposed support facilities (i.e. roadways, and access points, screening and buffer areas, 13 the timing of development, etc.), and/or 14 c. All other matters the County may find reasonable and appropriate or the petitioner may 15 propose. 16 17 Per Section 2.9.1(F)(3) of the UDO, the following conditions are being proposed: 18 1. Project shall be completed as presented in approved site plan/application packet. 19 20 2. Allow for a reduction of the 100' setback from the southern property line for outdoor 21 storage of wood chips, stumps and logs, branches and similar wood by-products resulting 22 from tree cutting operations. Outdoor storage shall not be less than 40 feet from the 23 southern property line. 24 25 3. Allow for Planning Director to review and approve minor changes to the approved plan, 26 per Section 2.9.1(1) of the Orange County Unified Development Ordinance, specific to the 27 location and arrangement of development within the limits of disturbance and the 28 proposed "activity area". The "activity area" shall be defined as the edge of gravel as 29 shown on the provided conditional zoning plan set. 30 31 4. Allow for Planning Director to review and approve minor changes to the approved plan, 32 per Section 2.9.1(1) of the Orange County Unified Development Ordinance, specific to 33 outdoor pole lights. Pole lights shall not exceed 14 feet and shall not be located outside 34 the proposed "activity area" The "activity area" shall be defined as the edge of gravel as 35 shown on the provided conditional zoning plan set. 36 37 5. Initial access to the applicant's property shall be through the current access easement 38 held by Crown Castle, LLC, and improved consistent with the County's road improvement 39 terms and standards. 40 41 Orange County intends to develop the property on which the existing access easement is 42 located into a park for recreational activities. When that development occurs, the County 43 will construct and record a new access road running along the northern boundary of the 44 property with a north/south connection to the applicant's property. When that new access 45 road is recorded, as conceptually shown in orange on the map as Attachment A, the 46 County may demand that the applicant discontinue use of the initial access road and 47 exclusively access applicant's property using the new access road constructed by the 48 County. The applicant agrees to comply with the County's demand within ten business 49 days. 50 18 1 6. The additional party to the current access easement, Crown Castle, LLC, shall be 2 contacted and their written response should acknowledge their use of the new access 3 road once constructed, and their abandonment of the current access easement. 4 5 7. Approval of this plan establishes a zoning vested right under North Carolina General 6 Statute 160D-108. Unless terminated at an earlier date, the zoning right shall be valid until 7 March 19, 2029 (assuming Board of Commissioners' approval of this rezoning application 8 on March 19, 2024). 9 10 Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing 11 were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These 12 notices were mailed on February 28, 2024, 20 days before the hearing. Staff also posted the 13 subject parcel with signs on February 29, 2024, 19 days before the hearing. See Attachment 3 14 for the notification materials. 15 Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at 16 its January 3, 2024 regular meeting. At this meeting the Planning Board voted unanimously to 17 recommend approval of the Statement of Consistency (Attachment 7) and the proposed Zoning 18 Atlas Amendment (Attachment 9), as presented, with the exception of directing the applicant and 19 Orange County to continue to negotiate regarding the access road, which crosses County-owned 20 land (Condition 5). 21 22 The approved minutes from the January 3, 2024 meeting, as well as the Board's signed statement 23 of consistency, are included in Attachment 6. Agenda materials from the meeting can be viewed 24 at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 01032024-1916. 25 26 Planning Director's Recommendation 27 The Planning Director recommends that the Board of County Commissioners: 28 1) Consider the matter for action; 29 2) Acknowledge that legally-sufficient public notice was given for the application and this 30 meeting, in accordance with State law and the Orange County UDO; 31 3) Review the staff report (Attachment 2), featuring analyses of UDO compliance, impact 32 of the use to the surrounding area, safety and efficiency of land use, and consistency 33 of the application with the Orange County's adopted plans; 34 4) Allow for the applicant's presentation of materials; 35 5) Conduct the public hearing, receive public comments, and consider the Planning 36 Board recommendation; 37 6) Close the public hearing; and 38 7) Vote to Approve the Statement of Consistency (Attachment 7) and Zoning Atlas 39 Amendment Ordinance (Attachment 9) 40 OR 41 Vote to Deny the Zoning Atlas Amendments, including a statement as to why the 42 application is not reasonable and/or not in the public interest, as detailed in the 43 Statement of Inconsistency (Attachment 8). 44 45 Cy Stober, Orange County Planning and Inspections Director, made the following 46 presentation: 47 48 19 1 Slide #1 ORANGE COUNTY NORTH CAROLINA Board of County Commissioners Meeting March 19, 2024 7:00 p.m. 2 3 4 Slide #2 ORANGE COUNTY NORTH CAROLINA Item 5-a: Zoning Atlas Amendment (Conditional District) RB Zoning to ASE-CD Zoning Location:6915-UT Millhouse Road PIN:9871-50-3254 Applicant:Acer,LLC. Case#:MA23-10003 5 6 7 Slide #3 REZONING PROCESS Public Notice (signs posted,letter mailed) •SUM Rexow •GO/omig mry •Pudic Minting LIM- ORANGE cyasltlI ORANGE COUNTY NORTH CAROLINA 8 20 1 Slide #4 CONDITIONAL DISTRICT- Overview Conventional • • Conditional District Zoning Standards must be uniformly Request is use-specific with applied throughout the county individualized development conditions and standards No site-specific,individualized Site-specific development plan conditions may be imposed is part of review and approval process ORANGE COUNTY NORTH CAROLINA 2 3 4 Slide #5 CONDITIONAL DISTRICT- Overview Enabling NC General Statute 16OD-703 Zoning Districts • Orange County UDO Section 2.9 Conditional Legislation Districts What makes • Site plan and development conditions are site- CD _zoning specific. • County and applicant must mutually agree to • the conditions. Basis of • Staff and Board recommendations and final approval should be based on consistency Decision with the Comprehensive Plan. ORANGE COUNTY NORTH CAROLINA 5 6 Cy Stober said this request is the first time it has been done in Orange County. 7 8 21 1 Slide #6 ZONING & LAND USE REVIEW NCGS 160D-701 Tnningregulationsshall be made In accordance with a comprehensive plan and shall be designed to promote the public health,safety,and general welfare—The regulationsshail be made with reasonable consideration,amangotherthings,as to the ch a racter of the district and its pecuIiarsuitabilityfor particuIaruses and with a view to cons ervingthe value of buildings and encouraging the most appropriate use of land throughout the local government's planning and development regulation jurisdiction.The regulations may not include,as a basis for denying zoning or rezoning request from a school,the level of service of a road facility or facilities abutting the school or proximately located to the school. ORANGE CC)kJNTY N(lA"CH cARoLINA 2 3 4 Slide #7 ZONING & LAND USE REVIEW NCGS 160D-701 Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health,safety,and general welfare,,..The regulations shall be made with reasonable consideration,among other things,as to the characterof the district and Its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughoutthe local government's planning and development regulation jurisdiction.The regulations may not include,as a basis for denying zoning or rezoning requestfrom a school,the level of service of a road facility or facilities abutting the school or proximately located to the school. DR.ANGE COUNTY NOR]1-1 CAROLINA 5 6 7 22 1 Slide #8 ZONING & LAND USE REVIEW NCGS 160D-703 (cant.) Specific conditions maybe proposed bythe petitioner orthe local govemmentor its agencies, but onlythose conditions approved by the local govern mentand consented to by the petition erin writing maybe incorporated into the zoning regulations.Unless consented to bythe petitionerin writing...a local government may not require.enforce,or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law... Conditions and site-specific standards imposed in a conditional districtshall he limited to those that address the conformance of the deve lopmentand use of the site to local government ordinances...orthe impacts reasonably expected to be generated by the development or use of the site,.. Any other modification of the conditions and standards in a conditional districtshall follow the same processfor approval as are applicable to zoning map amendments. (ORANGE COUNTY NORTH CAROLINA Z 3 4 Slide #9 ZONING & LAND USE REVIEW NCGS 160D-703 (cont.) Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations.Unless consented to by the petitioner in writing...a local government may not require.enforce,or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law... Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use ofthe site to local government ordinances...or the impacts reasonably expected to be generated by the development or use of the site... Any othermodification of the conditions and standards In a conditional dlstrictshalI follow the same orocessforaoproval as are applicable to zpnlnS map amendments. ORANGE COUNTY NOW[I1 CAROLINA 5 6 7 23 1 Slide #10 CONDITIONAL DISTIR ICT(CD) • A zoning district with specific permitted uses and mutually agreed upon individualized development conditions. — UDO Section 2.9;and NGG,S 1600-703 • Allowed by the legislative rezoning process. • The County may negotiate additional zoning conditions. • Rezoning decisions are based on the determination of whether the request is consistent with the purpose and intent of the Comprehensive Plan. — Joint Planning Agreement(JPA)must also be considered ORANGE COUNTY NORTH C.AROIJNA 2 3 4 Slide #11 • Joint Planning Agreement Oau.�F.f41 4 MiLL-CaPPB090 • Land Use Agreement with Orange LJND USF OINT PLAN NNING County,Town of Chapel Hill&Town of Carrboro • Establishes Rural Buffer&Transition Areas • Subject Property in Rural Buffer&Joint - m Courtesy Review Area — Requires county to allow forTowns toLn review application ORANGE COUNTY NORT1[CAROLINA 5 6 Cy Stober said they did not receive any response from the Town of Carrboro on the 7 application. s 9 24 1 Slide #12 CONDITIONAL DISTRICT - Applicant Responsibility and Review Flexibility 4. Establishment of Use Type Applicant is required to define what type of develop mentand/or land use is anticipated. 2.Site Plan Development A formal site plan,reviewed and approved by staff in accordance with UDO Section 2.5,must be submitted and approved priorto anydevelopment activity on the parcel. 3.Subiectto Conditions of Approval Review and approval allows for negotiation of development standards and may vary considerably from ordinance standards.Room for creativity both from applicant and review authority. ORANGE COUNTY NORTH CAROLINA 2 3 4 Slide #13 CONDITIONAL DISTRICT - Review Process Planning Staff Review • Receive application and check for completeness • Development Advisory Committee Review Neighborhood Information Meeting • To obtain neighborhood input on the proposal and allow the opportunity to explain the review process Planning Board • To make a recommendation of approval or denial of Zoning Atlas Amendment Board of County Commissioners— Public Hearing To take action on the application to rezone ©RANGE COUNTY NORTH CAROLINA 5 6 7 25 1 Slide #14 CONDITIONAL DISTRICT — BaCC Review Role Tonight's Board of Commissioners Objective • Hear from the applicant, staff,and the public • Review and discuss analysis and staff recommendation • Take action on the Zoning Atlas Amendment application NCGS 1600-703(b) "Conditions and site-specific standards imposed in a conditional district shall be limited to those that address tate conformance of the development and use of the site to local government ordinances,plans adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use of the site." ORANGL COUNTY N( WFH CAROLINA 2 3 4 Slide #15 MEETING PROCESS 1. Staff Presentation 2. Applicant Presentation 3. Questions from the Commissioners 4. Public Comments 5. 6OCC Deliberation and Decision ORANGE COUNTY NOW111 CAROLINA 5 6 7 A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to 8 open the public hearing. 9 10 VOTE: UNANIMOUS 11 12 Ashley Moncado, a Planner in the Planning Department, continued the presentation: 26 1 Slide #16 Zoning Atlas Amendment- MA23-0003 (Acer, LLC) 6915 - UT Millhouse Road Overview: ® Vicinity Map for Rezo-n;,.Applicat on PIN 987+5o3254 6915-UT Millhouse Road 9871-50-3254 l ?` , TSnP Township Chapel HPI Jordan Lake Watershed Unprotected l ApplicantAcer,LLC Z — A--- 3 4 Slide #17 ZoningAtlas Amendment- MA23-0003 (Acer, LLC) 6915 - UT Millhouse Road Overview • -• Parcel9871SO3254 OUK441NN£R10(IL - _AxfO22 f'.E_lJuhTr � 5 6 7 27 Slide #18 Zoning Atlas Amendment- MA23-0003 (Acer,LLQ 6935- UT M i I I h o use Road 'Overview (continued): RezQnIng Applkajlon W ASE CD fpr PIN 0715-3.'54 CurrentZ"in Rural Buffer(RB) Is Requested Zoning ........... . Agricultural Support Enterprises Conditional District(ASE-CID) . Use:Agricultural Service Uses ------ Surrounding Zon in . Rural Buffer(RB)-Orange County . Rural Transition(RT)-Chapel Hill 2 3 4 Slide #19 Zoning Atlas Amendment- MA23-0003 (Acer,LLQ 6915- UT M i Illhouse Road ,Overview (continued): Map with Parcel wiF325,4 Future Land Use Map Designation Rural Buffer • Onlyvery low density residential, agricultural uses exempt from zon ing regii lations,a n d low- d intensity agricultural support uses are appropriate in the Rural Buffer. • No proposed amendment [ '� A 5 6 7 28 1 Slide #20 Zoning Atlas Amendment- MA23-0003 (Acer, LLC) 6915 - UT Millhouse Road Overview (c• • Orange County-Chapel Hill-Carrboro Joint Planning Areai Joint PlanningArea(JPA) w y Joint Courtesy Review Area i CHIW I ® September 15, No 2023 ® September 15. aroPewm 2023 Yes uwlw w.lwsn.a ia-10 -. o^o 'Am o -I �,.�....�-- SOµ--. .T• A 2 IJ 3 4 Slide #21 Zoning Atlas Amendment- MA23-0003 (Acer,LLC) 6915 - UT Mill house Road ! • '• �g:nnng�pllcAtontna5E-[ntodFlk�s„5o3ry, Conditional District Application Requirements :,• • Site Specific Plan • Environmental Assessment ■ La n dsca pe Pla n ■ Additional Information as Identified by Reviewing Agencies _ F — j j 5 6 7 29 1 Slide #22 Site-Specific Plan Q T FTM ------------------- O 4 . =rw,a.w.rmv.o,s 2 3 Ashley Moncado said the existing Special Use Plan does not prohibit the property to be 4 used for other purposes, provided both uses are addressed in the conditional zoning application. 5 6 Slide #23 Access ORANGE COUNTY — "- - r ORANGE COUNTY ORANGE COUNTY w7t Ido �'� 7 8 Ashley Moncado said that minor improvements to the access area will be made at the 9 stream crossing as well as paving at Millhouse Road. She said a grant of easement and 10 assignment of lease for the existing access easement within the property was recorded in 2008 11 between the property owner at that time and Crown Castle. She said a letter detailing the 30 1 applicant's legal right to the access easement which could not be confirmed by staff was included 2 the agenda packet. 3 4 Slide #24 Applicant Presentation ORANGE COUNTY NORTH CAROLINA 5 6 7 Craig Nishimoto of Treeist made the applicant's presentation: 8 9 Slide #25 2030 Comprehensive Plan & the Balance of Reasons • 530 pages,38 Goals,263 Objectives • eafance ofreasons inquiry.view all the considerations,assign sensible weights, judge where the balance lies. r 10 11 Craig Nishimoto said it is not a trivial question due to the comprehensive span of the 12 Comprehensive Plan. He said they want to avoid short cuts and include all items to review. 31 1 Slide #26 r I. Economic + ,; Development Element f • 31 employees;FTE:29 1 • Employees earn well above the 2024 OC living wage • 11 ISA Certified Arborists,1 BCMA,6 Tree Risk Assessment Qualifications • We attract and retain top out-of-state talent to care for Orange County trees • We're good at training people from outside the �. tree industry • We train our competitors • We train related professions • €D Goals 1,2,3,4;ED Objectives 1.1,1.6;2.1, 2.6,3.1,3.2.,3.3,4.2,4.4 2 3 Craig Nishimoto introduced an employee that was in the audience that has an advanced 4 degree. He is now a consultant and was formerly a crew leader. 5 6 Slide #27 Il. Housing Element = i • Tree care keeps neighborhoods attractive ♦s t�� and well-maintained • Lower residential noise nuisances by - enabling offsite sorting and staging _ �• • We educate property owners abouttrees and tree care r We promote tree equity • H Goal 3;H Objectives 3.1,33 f 1' A 7 8 Craig Nishimoto said that to be a responsible landowner in this area, trees have to be 9 taken care of. He said they are trying to eliminate noises in residential areas. He said they use 10 the chipper because the only other option is taking the trees very far away. He said the 11 neighborhood pictured is around $150,000 and has an absence of trees. He said that low-income 32 1 communities have fewer trees because they are very expensive to care for. He said that all of the 2 Ash Trees have died and they have done a lot of work within the last year. He said they have 3 done around $18,000 of prob ono tree work and they will be doing $25,000 in free tree work in 4 the next year. He said that all that has to be done is a nomination. 5 6 Slide #28 IPI. Land Use Element �� -mak; • The central goal is sustainable growth !! consistent with the provision of adequate .� I services and facilities and a high quality of life • Minimize land use conflicts • LU Goals 1,2,3,4,5;LU Objectives 3.4, + f 3.7,4.3,5.2,5.3, 2 �. w►' i ICA 7 8 Craig Nishimoto noted all of the neighbors in the immediate vicinity of the project and said 9 that they did not encounter any resistance. 10 11 Slide #29 200'tall tell tower r e 12 33 1 Craig Nishimoto showed the proposed location and noted that it would be very difficult to 2 see from the roadway. 3 4 Slide #30 IV. Natural and Cultural Services Element • Reduce atmospheric carbon • Support local sawmills • Increase natural ecosystem health • NCS Goals 1,2,3,7;Objectives AE-2,AE- 13,AE-15,AE16,AG-1,AG-2,AG-3,AG-6 _ ,r 5 6 Craig Nishimoto said they would like to find more creative uses for trees that have been 7 cut down. He said that the carbon in decomposing wood chips gets released back into the 8 atmosphere and is the equivalent of burning 5080 lbs. of coal. He said they would have to plant 9 80 seedlings and nurture them for ten years. He said they would love to have something to do 10 with the lumber rather than chip the trees and even giving them to a sawmill is an option. He said 11 the tree shown in the picture was turned into beautiful slabs by a local sawmill operator. 12 13 Slide #31 V. Parks and Recreation ~ Element f �r • Recreational tree climbing • Tree-related classes and workshops • Free to the public 11t q r i • Collaborations with local schools40 • PR Goals 3,4;PR Objectives 4.2,4.3 ok 14 34 1 Craig Nishimoto said they do a lot of recreational tree climbing and they teach people how 2 to climb trees. He said they give lessons free of charge. He said that there is a good turnout and 3 staff volunteers their time. He said that last weekend, they did art in the trees for kids. He said 4 that in the last year, they gave away $30,000 of free training. He said that they are going to do 5 summer school and teach kids about tree planting. 6 7 Slide #32 VI.Service and Community Facilities Element s • Storms create emergencies typically - because trees fall and break. • Tree emergencies typically require private tree companies, • We would help the County achieve its solid r' waste reduction goals SCF Goals 6,7;Objectives PS-T-3,PS-T-4, SW-1,SW-2 f t. 8 9 Craig Nishimoto said most storms become emergencies because of the ways trees fall. 10 He said they require private tree companies to remove them on private land. He said that they 11 respond to those calls and try to respond as quickly as possible. 12 13 Slide #33 VII. Transportation Element • Proximity to town reduces strains on the V �,• transportation system I r -•s •• And protects community character �.ti,:y• • And reduces wasteful emissions j•• new location And decreases emergency response times - • TGoals 1,2;objective T-1.2 f •• 14 35 1 Craig Nishimoto said the green area is the Rural Buffer and they are on the inside and the 2 clients are mostly in the grey area. 3 4 Slide #34 Summary 19 separate Goals and 31 separate Objectives favor of our proposed usage. - • Our proposed usage makes sense in terms of the County's own goals and objectives. - • The alignment of the Treeist with the County is not accidental. 41 5 6 Craig Nishimoto said that in terms of the County's own goals and objectives makes sense 7 and aligns. He said that they are growing because of a response to a need. 8 9 Slide #35 10 ORANGE COUNTY-CHAPEL HILI-CARRSORO JOINT PLANNING No incompatibility with LAND USE PLAN the Rural Buffer • There are three salient LU Objectives addressing the RB:LU ,�^`` , I 2,1,LU 3.1,LU 3.3. ------ • None of of these are violated by l a our proposed use. • Ifthe Comprehensive Plan • '' .x intended to preclude uses like Ltg-d ours,slight changes of wording M RRu A j' would have made that clear. OTRA$111Dl C3� RURAL BUFFER Ifour proposed use is in tension o'"FF'�t° with these Objectives,then so are "uw.iees several permitted uses. No slippery slope is created by permitting our use.The RB is safe. c cnA-THAM co 11 36 1 Craig Nishimoto said the biggest objection is the incompatibility with the Rural Buffer and 2 that none of the objectives are actually violated by their proposed use. 3 Ashley Moncado continued the presentation and gave an overview of the public 4 notifications. She said that mutually agreed upon conditions can be imposed. She said that the 5 applicant originally submitted five conditions and there are seven. 6 7 Slide #36 Public Notification ■ Notices were mailed via first class mail to property owners within 1,666 ft. of the subject parcel on February 28,2024. ■ Signs posted the subject parcel on February 29, 2024 ■ Legal Ad published on March 6,2624 and March 13,2024 ■i Application information has also been posted on the Planning Department's"Active development"webpage. ORANGE COUNTY :NORTH CAROLINA 8 9 10 Slide #37 Proposed Conditions Per NCGS 1609-763,imposed conditions and site-specific standards are limited to those that address conformance of the development and use of the site to local government ordinances and adopted plans or the impacts reasonably expected to be generated by the development or use of the site. Per Section 2.9.1(F)(3)of the LIDO,mutually agreed upon conditions can be imposed as part of this process if they address: a. The compatibility of the proposed development with surrounding property, b. Proposed support facilities(i.e.roadways,and access points,screening and buffer areas,the timing of development,etc.),and/or c. All other matters the County may find reasonable and appropriate or the petitioner may propose. ORANGE COUNTY NORTH CAROLINA 11 12 37 1 Slide #38 Proposed Conditions (Attachment 9) 1.Projectshall be completed as presented in approved site plan/application packet. 2.Allow far a reduction of the 100'setback from the southern property line for outdoorstorage of wood chips,stumps and logs,branches and similarwood by-products resultingfrom tree cutting operations. Outdoor storage shall not be less than 40 feet from the southern property line. 3.Allow for Planning Directorto review and approve minor changes to the approved plan,per Section 2.9.1(1)of the Orange CauntyUnifled Development Ordinance,specific to the location and arrangement of development within the limits of disturbance and the proposed"activity area".The"'activity area" shall be defined as the edge of gravel as shown on the provided conditional zoning plan set, 4.Allow for Planning director to review and approve miner changes to the approved plan,per Section 2.9.1(I)of the Orange County Unified Development Ordinance,specific to outdoor pole lights.Pale lights shall not exceed 14 feet and shall not be located outside the proposed"activity area"The"activity area" shall be defined as the edge of gravel as shown on the provided conditional zoning plan set. ORANGECOUNTY NORTH CAROLINA Z 3 4 Slide #39 Proposed Conditions (Attachment 9) 5.Initial accessto the applicant's property shall be through the current access easementheid by Crown Castle,LLC,and improved consistentwith the County's road improvement terms and standards. Orange County intendsto develop the property on which the existing access easement is located into a park for recreational activities. When that development occurs,the County will construct and record a new access road running along the northern boundary of the property with a north/south connection to the applicant's property. When that new access road is recorded,as conceptually shown in orange on the AttachmentA map,the County may demand that the applicant discontinue use of the initial access road and exclusively access applicant's property using the new access road constructed by the County. The applicant agrees to comply with the County's demand within ten business days. 6.The additional party to the current access easement,Crown Castle,LLC,shall be contacted and their written response should acknowledge their use of the new access road once constructed,and their abandonment of the current access easement. �1 ORANGE COUNTY NORTH CAROLINA 5 6 7 8 38 1 Slide #40 Proposed Conditions(Attachment 9) 7.Approval of this plan establishes a zoning vested right underNCG&16OD-108.Unless terminated at an earlier date,the zoning right shall be valid until March 19,2029.Appruval of this plan establishes a zoning vested right under NCGS 160D-108.Unless terminated at an earlier date,the zoning right shall be valid until March 19,2029. ORANGE COUNTY NOR ITI CARQL.IbU 2 3 Ashley Moncado said the applicant requested to vest their site plan, per section 2.5.5 of 4 the Unified Development Ordinance (UDO). 5 Chair Bedford asked Ashley Moncado to explain what vesting means. 6 Ashley Moncado said that the applicant can request vesting of the site for up to five years. 7 She said that means that someone can purchase the property but can only do what is on the 8 approved site plan. She said any major modification to the site plan would have to come back to 9 the county for approval. 10 Chair Bedford asked what would expire in five years. She asked if that means they have 11 five years to build according to the plan. 12 Cy Stober said they had five years to begin building. He said the default is 18 months, 13 and the UDO and state law provide for the applicant to request an extension to five years. He 14 said if the county received a phased plan, then the default is seven years to begin construction. 15 He said if at the time of expiration, if no activity has commenced, it would still be conditionally 16 zoned, but the applicant would have to come back to the county to get reapproval. 17 Commissioner Fowler asked if they did not do that, would it revert to previous zoning. 18 Cy Stober said it would not revert. He said it would essentially be stale and have to be 19 refreshed. He said it would not be a plan that the Planning Department could administratively 20 approve. He said the applicant would have to go back through the hearing process and get 21 everything reapproved. 22 Ashley Moncado continued the presentation: 23 24 39 1 Slide #41 Staff Analysis 1. The application is complete in accordance with Section 2.8 and Section 2.9 of the UDO. 2. As currently presented,the Outdoor Storage feature on the site plan(Attachment 1)and detailed as"wood pile(s)"does not meet the required minimum 100'distance from residentially toned property.The applicant has submitted a condition to reflect this variance from the ordinance standard established in UDO Section 6.4.10. 3. Staff review of the application Included considerations for how the request relates to the Orange County 2030 Comprehensive Plan. 4. The requested zoning district,ASE-CD(Agricultural Support Enterprises-Conditional District),is consistent with the 2030 Comprehensive Plan,Appendix F,Relationships Between Land Use Classifications and Zoning Districts. 5. The 2030 Comprehensive Plan,Appendix G.Land Use Classification and Overlay Locational Criteria,Identifies Rural Buffer as land designated In the Comprehensive Plan as land adjacentto an urban ortransition area which is rural in character and which should remain rural,contain very low-density residential uses,and not require urban services duringthe plan period. 6. The applicant has provided a basic environmental assessment as part of this submittal.Staff has reviewed and determined no significant environmental impact is expected from this project based on existing conditions. ORANGE COUNTY NOWF'H CAROLINA 2 3 4 Slide #42 Zoning and Land Use Review n .s qli— k­ n la P r>vnN. 1epN 111111rrufl✓on q,Ml Admirvi•kNbn M1+Nnnkipnlflin order 14 P*�•bbm of 1\,Jnlnl PknNne A• ' — uiYf•o (bm�Y a\1mk1 e•fn• knbk/sNa l,adeed• Flu-\e•iremNfott • resin)i nWNn ♦ wr1N 1l mndi4 n,\r11J11 • � 4r�n=•mir n,,.•1n Pmrni nn,ur,n Ne.thJ � u..r.Y,..n..,„Ji..AefwxY ♦ • ♦ ♦ Noor)�ri¢b1.Nrw1 Nurvl Indu.luN AeIM1 k, ViNs ! • Is menu Am. Orange County 2030 Comprehensive Plan,Appendix F ORANGE COUNTY NORTH CAROLINA 5 6 7 40 1 Slide #43 Zoning and Land Use Review Unified Development Ordinance—Section 5.2 "� Table of Permitted Uses ORANGE COUNTY NORTH CAROLINA 2 3 4 Slide #44 Planning Director Recommendation The Planning Director recommends that the Board of County Commissioners: 1. Considerthe matterfor action;. 2. Acknowledge that legally-sufficient public notice was given for the application and this meeting,in accordance with State law and the Orange County UDO; 3. Review the staff report(Attachment?},featuring analyses of UDO compliance,impact of the use to the surrounding area, safety and efficiency of land use, and consistency of the application with the Orange County's adopted pians; 4. Allow forthe applicant's presentation of materials; 5. Conduct the public hearing, receive public comments, and consider the Planning Board recommendation; 6. Close the public hearing;and 7. Vote to Approve the Statement of Consistency(Attachment 7)and Zoning Atlas Amendment Ordinance(Attachment 9l OR Vote to Deny the Zoning Atlas Amendments, including a statement as to why the application is not reasonable and/or not in the public interest, as detailed in the Statement of Iaconsistency(Attachment 8l. ORANGE COUNTY NORTH CARO tI 1'ti, 5 6 7 8 41 1 Slide #45 Planning Board Recommendation Planning Board reviewed the rezoning application at its January 3,2024 meeting Voted 12-0 to recommend approval of the Statement of Consistency (Attachment 7)and the proposed Zoning Atlas Amendment(Attachment 9),as presented,with the exception of replacing Condition#5 with the condition described in the alternative access letter(Attachment 6),which states there will be ongoing collaboration'between the applicant and County regarding the access road to the property. ORANGE COUNTY NORTH CAROLINA 2 3 4 Slide #46 Recommendation The Manager recommends the Board: 1. Conductthe public hearing and receive the Planning Board and staff recommendations and public comments, 2. Close the public hearing;and 3. Vote to Approve the Statement of Consistency(Attachment 7)and Zoning Atlas Amendments(Attachment 9). OR Vote to Deny the Zoning Atlas Amendments,including a statement as to why the application is not reasonable and/or not in the public interest,as detailed in the Statement of Inconsistency,(Attachment 8). ORANGE COUNTY NOR I T I CAR01.INA 5 6 Chair Bedford asked about the boiler featured in one of the pictures. 7 Craig Nishimoto said it was for heating. 8 Chair Bedford asked if the other building has sides to it. 9 Craig Nishimoto said it is like a shop where truck and machine repairs would take place. 10 Chair Bedford asked how tall or big the wood pile can get or if they care. 42 1 Ashley Moncado said that Planning does not regulate how tall outdoor storage can be. 2 She said that instead, they would refer to the fire code, which regulates the height to 20 ft. She 3 said there are also stormwater regulations that limit the height, as well. 4 Chair Bedford asked if they plan to leave the corner where the stream is. 5 Craig Nishimoto said there is a 65 ft. buffer and no one will be touching that area. 6 Chair Bedford said the only fencing she sees is near the woodpile. 7 Craig Nishimoto said he does not want a fence, but it is a requirement. 8 Ashley Moncado said the fence is required in the UDO to provide a fence. She said it is 9 also required by the fire code. She said there was no discussion for a fence on the northern end. 10 Chair Bedford asked if no owner would be allowed to put the fence closer than 65 feet. 11 Ashley Moncado said there is no fence noted on the plan. 12 Chair Bedford said it seems proactive to take wood waste to be used in place of coal. She 13 asked if there is a restriction that says you cannot process wood on the acreage. 14 Ashley Moncado said they cannot in the rural buffer. She said there is no grinding or 15 processing. She said that if that occurs, it would be a major modification and the intensity of use 16 would be examined. She said it would be brought back to the Planning Board and the Board of 17 Commissioners. 18 Commissioner Fowler said she thought they would be wood chipping on the site. 19 Craig Nishimoto said that was not part of their plan. He said it will be used as a sorting 20 and staging area. 21 Commissioner Fowler asked if they would still be chipping at people's houses. 22 Craig Nishimoto said currently, chipping is the only option, and it would be nice not to do 23 that, but it is their only option. 24 25 PUBLIC COMMENTS: 26 Susan Walser said she had reviewed the documentation and thought the presentation was 27 great. She said that she thinks the business is a great business. She said her concern is the 28 Rural Buffer and conditional zoning. She said this would make it easy for anyone to request 29 conditional zoning in the Rural Buffer and create a patchwork. She said that approving this 30 request would be the first time they have pierced the Rural Buffer. She said that if this changes 31 owners, it could change to conventional zoning, such as industrial, light industrial, or even fast 32 food. She said the community could begin seeing a patchwork of uses throughout the Rural Buffer. 33 She said this is setting a dangerous precedent. 34 Mary McTigue said she has used Treeist before and is supportive of the business. She 35 said her concern is about the changes in the Rural Buffer. She said she read 175 pages of what 36 was in the agenda and still does not understand it. She said she did not see a robust discussion 37 of the impact on the Rural Buffer and the changing of boundaries. She said they were simple 38 questions and simple answers. She said the best discussion has come from the applicant and 39 their proposal. She said she went to the Joint Planning Agreement, where the last ten pages 40 discussed the amendment process for making changes in the Rural Buffer. She said in the future 41 she would hope to see a more robust discussion of impacts. She said she supports the business 42 and hopes that the Board approves the request. 43 44 A motion was made by Vice-Chair Greene, seconded by Commissioner McKee, to close 45 the public hearing. 46 47 VOTE: UNANIMOUS 48 49 Vice-Chair Greene said she was on the Chapel Hill Town Council when the agricultural 50 support zoning districts were created. She said this is not going to amend the boundary of the 51 Rural Buffer. She said that there are businesses that are allowed in the Rural Buffer already. She 43 1 said that this use is in line with supporting the Rural Buffer. She said this keeps a local business 2 local and out of people's backyards. She said she thinks it is an appropriate use. 3 Commissioner Fowler said this was not changing the Rural Buffer and it is an appropriate 4 use. She said that she had been concerned about the access road, but they came to an 5 agreement with the county for what happens afterwards. She said she was in favor of the 6 application. 7 Commissioner Richards said it does not say they cannot develop in the Rural Buffer and 8 that there are very specific things that can be done in the Rural Buffer. She said this does not 9 change the boundaries, and the amendment is clear of what can and cannot be done. 10 Commissioner McKee said this type of application from a small business is something that 11 the Board has been open about supporting. He said it does not change the Rural Buffer. He said 12 the Rural Buffer was not unanimously popular with the farming community. He said that this does 13 not infringe on property rights. He said this came out of the Planning Board with unanimous 14 support. He said the chippers that are used in grinding operations are the size of tractor and 15 trailer trucks. He said that is not what will be here. He said the applicant will be collecting, 16 combining, and shipping out. He said they should be open to operations that align with the intent 17 of the Rural Buffer. 18 Commissioner Hamilton said she is familiar with the Treeist company's work. She said 19 that she agrees with her colleagues, and it aligns with the intent of the Rural Buffer. She said she 20 is not concerned that they will end up with fast food in this area. She said that one of the unique 21 things about Orange County are all of the trees and supporting them is vital. 22 Commissioner Portie-Ascott said she was supportive of the proposal. She said she was 23 happy to hear that it would not create noise issues for neighbors. She said she is happy about 24 the jobs the business is providing to the community. She said that she is happy that it is consistent 25 with the intentions of the Rural Buffer. 26 Chair Bedford said they did receive comments from the Town of Chapel Hill. She said she 27 is happy if they do their recreational training on their property and not the county's. She said the 28 Town of Carrboro did not reply and there is no further need to consult with another entity at this 29 point. She said she listened to the link with the noise test and there could not be a better location 30 for this operation. She said that if the water is not drinkable, bottled can be done for the personnel. 31 She said that is manageable. She said it should not be a problem to do septic on site. She said 32 she was pleased to put the 10 acres to good quality work. 33 Vice-Chair Greene said one part of confusion is that they are changing the zoning from 34 Rural Buffer to something else. She said that the Planning Director explained that there is the 35 Rural Buffer, then there is the Rural Buffer Zone. She said that the zone will be changed but the 36 Rural Buffer itself stays unchanged and intact. 37 38 A motion was made by Vice-Chair Greene, seconded by Commissioner McKee, to 39 approve the Statement of Consistency and Zoning Atlas Amendments. 40 41 VOTE: UNANIMOUS 42 43 6. Regular Agenda 44 None. 45 46 7. Reports 47 None. 48 49 44 1 8. Consent Agenda 2 3 • Removal of Any Items from Consent Agenda 4 • Approval of Remaining Consent Agenda 5 • Discussion and Approval of the Items Removed from the Consent Agenda 6 7 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to 8 approve the consent agenda, with the exception of 8-i, which was removed by the Board at the 9 beginning of the meeting. 10 11 VOTE: UNANIMOUS 12 13 a. Minutes 14 The Board approved the draft minutes for the February 6, 2024 and February 15, 2024 BOCC 15 Meetings as submitted by the Clerk to the Board. 16 b. Fiscal Year 2023-24 Budget Amendment#7 17 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 18 2023-24. 19 c. World Water Day Proclamation 20 The Board will consider approving a proclamation designating March 22, 2024 as World Water 21 Day in Orange County. 22 d. Resolution Retiring Canine Callie and Approval of Transfer to K9 Handler 23 The Board adopted and authorized the Chair to sign a Resolution retiring canine Callie and 24 transferring her to K9 Lieutenant David Funk. 25 e. Resolution to Allow for a 25' Right of Way for Type B Private Road "Roy Cooper Lane" 26 The Board will consider adopting a resolution approving a 25-foot Right of Way (ROW) to serve 27 the private road needs for Roy Cooper Lane, an existing private road that will provide access to 28 five (5) lots. 29 f. Renewal of the Lease for the Dickson House 30 The Board adopted a resolution approving an amendment for a lease renewal with The Alliance 31 for Historic Hillsborough, Inc. for the Dickson House, and authorized the Chair to sign the lease 32 upon final review of the County Attorney. 33 g. Approval to Purchase One D6Track Type Tractor for Solid Waste 34 The Board approved the purchase of one Caterpillar D6 Track Type Tractor for Solid Waste to 35 replace the current loader that has exceeded its useful life. 36 h. Contract for Solid Waste Drainage Repairs 37 The Board approved and authorized the County Manager to sign a contract with Moffat Pipe, Inc. 38 to address drainage issues at 1) the Walnut Grove Waste and Recycling Center and 2) the 39 recycling material loading area on the Orange County Solid Waste Landfill/Disposal site on 40 Eubanks Road. 41 i. Appointment of the Orange County Housing Director to the Central Piedmont 42 Community Action, Inc. Board of Directors 43 This item was removed by the Board at the beginning of the meeting. 44 j. Boards and Commissions —Appointments 45 The Board approved Boards and Commissions appointments as reviewed and discussed during 46 the March 12, 2024 Board Work Session. 47 48 45 1 9. County Manager's Report 2 Bonnie Hammersley reviewed the agenda for the upcoming legislative breakfast. 3 4 Projected March 21, 2024 Legislative Breakfast Items 5 2024 Priority Legislative Issues 6 Upper Neuse River Basin Association Consensus Principles II for Falls Lake Rules 7 UNC Co-generation Plant 8 9 10. County Attorney's Report 10 John Roberts said that there has been one bill filed so far for the upcoming legislative 11 session. He said it was filed by Wake County and it would authorize the NC State Board of 12 Elections to examine and make decisions on the suitability and qualifications of presidential 13 candidates. He said that he does not anticipate the bill moving forward. 14 15 11. *Appointments 16 None. 17 18 12. Information Items 19 • March 7, 2024 BOCC Meeting Follow-up Actions List 20 • Memorandum - Upcoming Unified Development Ordinance Amendments 21 22 13. Closed Session 23 None. 24 25 Adjournment 26 27 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to adjourn 28 the meeting at 9:37 p.m. 29 30 VOTE: UNANIMOUS 31 32 Jamezetta Bedford, Chair 33 34 35 Recorded by Laura Jensen, Clerk to the Board 36 37 Submitted for approval by Laura Jensen, Clerk to the Board Attachment 3 1 1 DRAFT MINUTES 2 ORANGE COUNTY 3 BOARD OF COMMISSIONERS 4 LEGISLATIVE BREAKFAST 5 March 21, 2024 6 8:30 a.m. 7 8 The Orange County Board of Commissioners met for a breakfast meeting with the Orange 9 County Legislative Delegation on Thursday, March 21, 2024 at 8:30 a.m. at the Whitted 10 Human Services Center in Hillsborough, NC. 11 12 COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally 13 Greene, and Commissioners Amy Fowler, Jean Hamilton, Earl McKee, Phyllis Portie-Ascott, 14 and Anna Richards 15 COUNTY COMMISSIONERS ABSENT: None. 16 COUNTY ATTORNEYS PRESENT: John Roberts 17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 18 Travis Myren, Clerk to the Board Laura Jensen, and Assistant to Manager for Legislative 19 Affairs Greg Wilder (All other staff members will be identified appropriately below) 20 LEGISLATIVE DELEGATION PRESENT: Senator Graig Meyer and Representative Renee 21 Price 22 23 Chair Bedford called the meeting to order at 8:44 a.m. All board members were present. 24 25 Chair Bedford welcomed the legislative delegation. 26 The Board of County Commissioners, legislative delegation, and staff introduced 27 themselves. 28 Chair Bedford thanked Commissioner Fowler and Commissioner Hamilton for working 29 with Greg Wilder on the list of legislative priority issues. 30 Commissioner Fowler, Commissioner Hamilton, and Chair Bedford highlighted new 31 items on the list of legislative priorities. 32 Chair Bedford reviewed the first item on the Board's list of priority legislative issues: 33 34 Mental Health Behavioral Health and Substance Use Issues — Seek legislation to develop 35 and fund mental health and behavioral health facilities and services at the state and local level 36 that: 37 • Ensure adequate State-funded mental health, developmental disability and substance 38 use disorder services and facilities are available, accessible and affordable to all 39 residents; 40 • Include dedicated resources for community para-medicine projects and enhanced 41 mobile crisis response; 42 • Support Medicaid reimbursement to EMS for behavioral health transport to crisis 43 centers; 44 • Reimburse behavioral health urgent care services at a sustainable rate; 45 • Reduce the number of people with mental health issues in county detention centers; 46 • Ensure that state resources fund service provision costs, inclusive of crisis intervention 47 and treatment; 48 • Provide assistance to NC residents, especially youth, who are dealing with the impacts 49 of COVID; 2 1 • Increase innovation waiver slots more aggressively to meet the Olmstead Act 2 requirements; 3 • Increase compensation for mental health providers, psychiatrists, nurses, social workers, 4 and direct support staff funded by innovation waivers and other Medicaid sources; and 5 • Support both House Bill 563 and related amendments that: 6 • Provide additional regulation on hemp-derived products such as Cannabidiol 7 (CBD), and prohibiting those designed to resemble well-known candy and other 8 snack food products; 9 • Raise the legal age to purchase and use hemp-derived products to 21; and 10 • Incorporate a ban on the flavoring of vape products. 11 12 Chair Bedford noted that the legislature increased pay for direct care workers. 13 Senator Graig Meyer said there won't be a budget surplus like in past years due to tax 14 cuts. He said he doesn't anticipate an major health care legislation to pass because everyone is 15 waiting to see what happens with Medicaid expansion. He said expansion has been largely 16 successful. He said there is a lot of work being done by NCDHHS and providers to make sure 17 the new system works well and people get signed up. He said the new director at NCDHHS, 18 Kelly Crosby, is doing a fantastic job of trying to figure out how to improve systems. He said one 19 thing he appreciates is that she has been drawing heavily from expertise here in Orange County 20 from the University and other providers. He said innovations waivers are the largest outstanding 21 need dollar-wise, and there won't be money for that this year. He said the other thing being 22 talked about without a real solution is a plan for increasing the number of providers. He said 23 there will need to be a multi-year plan. 24 Commissioner Fowler asked what he views as the answer to increasing the number of 25 providers. 26 Senator Meyer said he is a fan of incentivizing graduate programs. 27 Representative Renee Price said there is more focus on mental health in the House. 28 She said tianeptine is causing concern right now because it is right next to candy, etc. in the 29 stores. She said the House is looking at regulating vape and hemp products, among others. She 30 said related to mental health, the House has looked more at regulations vs. more providers. 31 Commissioner Hamilton said she recently toured Freedom House and one of the things 32 they talked about is increased pay for direct care workers who are there to support clients. 33 Chair Bedford said the legislature did increase direct care workers' salaries, but it's 34 taking a while to go into effect. 35 Commissioner Hamilton said the pay is still low. She said it's important to keep all 36 people in the mental health field in mind during these discussions. 37 Representative Price said the number of people seeking services at Freedom House is 38 rising and it will be difficult to meet all the needs. She said the House has recently been talking 39 about semi-independent or independent living for folks with disabilities. 40 Chair Bedford said there have been stories recently about people who have moved to 41 these types of facilities, but because of the lack of direct care workers, have had to move back 42 with family. 43 Representative Price said she wonders what the number of providers will be like if laws 44 continue to be more restrictive. 45 Commissioner Hamilton said in addition to waiting to see how Medicaid Expansion goes, 46 the other big thing is the Tailored Plan roll out in July. She said she hopes to see the expected 47 benefits of integrated care actually play out. 48 Senator Meyer said NCDHHS is working hard to anticipate some of the pain points 49 before the Tailored Plan is rolled out. For example, he said there is an inadequate system of 50 care for people with chronic schizophrenia, so they are focusing on how to bolster that system 3 1 for those folks before the transition to Tailored Plans goes into place to avoid acute problems 2 later. 3 Chair Bedford said there needs to be a full continuum of housing for people with 4 disabilities, SUD, and mental health and there is a lot of work to do still. She said the Board is, 5 overall, much more pleased with Alliance than Cardinal. 6 Representative Price said that some people in the House are starting to realize these 7 needs. She said the North Carolina Institute of Medicine will provide a brief on something to do 8 with the work force for children up to adults. She said hopefully in time, there will be more done. 9 Vice-Chair Greene asked if a discussion on incentives for educational programs could 10 happen in the legislature now. 11 Senator Meyer said the legislature could get there in the next couple of years. He said 12 there could be helpful lawsuits that could push the legislature on this. 13 Commissioner Fowler said having the LMEs/MCOs put money into incentives is another 14 option. She asked since the state is low on money, could a raising age bill be an option. 15 Senator Meyer said he thinks there will be additional legislation on hemp derivatives in 16 the next couple of years. He said if the legislature can agree on a bill for medical marijuana, 17 regulations on hemp derivatives will likely be in the same bill. 18 Chair Bedford said the county has an option on land for the Behavioral Health Diversion 19 Facility and information on construction will be in the CIP presented to the BOCC next month. 20 Commissioner Fowler said she also made a petition on distance of vape/hemp shops 21 from schools. 22 Senator Meyer said to answer Commissioner Fowler's earlier question, raising the age 23 to 21 is not likely. He said the diversion facility is one of the best things that could happen for the 24 county. 25 26 Chair Bedford reviewed the second item on the Board's list of priority legislative issues: 27 28 School Capital Funding — Support a State bond referendum to address school capital needs to 29 provide needed capital funding to support school infrastructure, renovations, and new 30 construction; and support legislation to: 31 • Allocate State surplus funds for statewide school capital needs; and 32 • Ensure methods used to distribute school capital funding consider the needs of all 33 counties. 34 35 Chair Bedford said that the Board is proposing a $300M bond referendum on the ballot 36 this November. She said the consultant's report showed a need for $1.1B in school capital 37 needs in Orange County. 38 Commissioner Hamilton explained the county's process leading to the decision for the 39 bond. She said from the options presented by Woolpert, the Board decided on the $300M bond. 40 She said now they need to decide what the plan will look like. She said both school districts 41 should be ready to present the plans in line with the Woolpert Study at the end of May. She said 42 it will be a lot of money and will result in a tax increase, and it is important to keep the 43 community informed of what they are doing to address school needs. 44 Commissioner Richards said in addition to the bond, the Board did consider a pay-go, so 45 it is a holistic plan. She said before they go out to the community, both school districts need to 46 be aligned on the plan and they need to have a strategy for the long-term plan, regardless of 47 who is on elected boards. 48 Commissioner Hamilton said this plan gets the county started, but is still not enough, 49 and that's why they need help from the state. She said the Woolpert consultant gave their 50 suggestions for projects and new facilities, but the schools are tweaking that plan. 51 Chair Bedford shared some of the ideas the school districts have at this time. 4 1 The Board and legislators discussed the differences in charter and traditional public 2 schools. 3 4 Chair Bedford reviewed the third item on the Board's list of priority legislative issues: 5 6 Racial Equity in Criminal Justice — Support continued consideration and implementation, 7 where practicable, of the recommendations of the North Carolina Task Force for Racial Equity in 8 Criminal Justice (TREC), including: 9 • Legislation to legalize the possession and use of marijuana and permit licensed 10 businesses to engage in retail sales to adults, as this decriminalization will in turn 11 broaden the agricultural economy and jobs as well as enhance revenue for governments 12 with taxes, licenses, and other associated revenues that can be utilized to address 13 opioid and other drug-related problems and other needs; 14 Policing reforms to address use of force, community oversight and law enforcement 15 training on crisis intervention; 16 • Funding at the county level to expand access to diversion and restorative justice 17 programs; 18 • The reduction of fines, fees and costs in criminal court, noting that such fines, fees and 19 costs disproportionately impact people of color and people of low income. 20 21 Senator Meyer said although not related to this list, he expects a House Bill on 22 compliance of local Sheriffs with ICE to be motioned in the short session. 23 24 Chair Bedford reviewed the fourth item on the Board's list of priority legislative issues: 25 26 Concealed Weapons in Parks and Red Flag Law— Support legislation authorizing counties to 27 regulate the carrying of concealed weapons on county-owned playgrounds and in county-owned 28 parklands, and allowing courts to prevent access to firearms for individuals who show signs of 29 being a danger to themselves or to others. Mental illness, escalating threats, substance abuse 30 and domestic violence are among the circumstances in which a judge should have the authority 31 to order weapon restrictions or surrender. 32 33 Chair Bedford reviewed the fifth and sixth items on the Board's list of priority legislative 34 issues: 35 36 Full Funding of the Leandro Remedial Action Plan — Support equity and racial justice by fully 37 funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted 38 education funding over the next eight years, predominantly to low-wealth and minority 39 communities, in order for the State to come into compliance with its constitutional obligation to 40 provide every student a sound basic education. 41 42 Senator Meyer said there will be a ruling by the court by June. 43 44 Priority School Issues — Support legislation to address the following issues related to schools: 45 • Provide local school systems with calendar flexibility; 46 • Provide full funding for State allotments including Average Daily Membership (ADM) 47 growth and infrastructure/capital, and support legislation to provide for an overall 48 increase in funding based on ADM outside of the current formula system; 49 • Provide a periodic accounting process for State per pupil funds so that funds and pro- 50 rated funds follow students to their respective schools, as opposed to the current 5 1 process that only considers State funding allocations based on students' attendance 2 location on a single day during the school year; 3 • Increase salary compensation for teachers and staff at all years of service; 4 • Impose class size reductions commensurate with State funding for staffing; 5 • Provide increased funding for school safety initiatives; and 6 • Reduce funding and limit eligibility for/availability of private school vouchers, as vouchers 7 constrain available funding for public education statewide, encourage students to leave 8 public education, and limit services and educational opportunities for all remaining public 9 school students. 10 11 Chair Bedford reviewed the seventh item on the Board's list of priority legislative issues: 12 13 Non-Partisan Redistricting Process for Elections — Support legislation to establish a process 14 for an independent, non-partisan redistricting process after each United States Census for the 15 election of representatives from North Carolina to the United States House of Representatives, 16 the North Carolina House, and the North Carolina Senate. 17 18 Chair Bedford reviewed the last item on the Board's list of priority legislative issues: 19 20 Bicycle and Pedestrian Transportation Funding — Support legislation to remove the 21 restriction on State funding for stand-alone bicycle and pedestrian projects imposed by the 22 North Carolina Strategic Transportation Investment Law. The restriction limits the development 23 of infrastructure for bicyclists, pedestrians, and users of personal mobility devices. 24 25 Senator Meyer said he and Senator Murdock introduced legislation that would support 26 everything the MPO has worked on and asked for. He said there are plenty of ideas that could 27 be moved to another transportation bill if another one has more support. He said there is good 28 support from both parties on this. He said there are good organizing efforts underway to show 29 that it is good for people all over the state. 30 Representative Price said she thinks multimodal is an easier sell. 31 Senator Meyer said there are some changes in transportation proposals that can be 32 added to any future legislation on housing affordability. 33 Vice-Chair Greene said that is really important. 34 35 Chair Bedford asked Vice-Chair Greene to discuss the Upper Neuse River Basin 36 Association Consensus Principles II for Falls Lake Rules. 37 Vice-Chair Greene said Falls Lake is under EPA water quality rules, but they are 38 impossible to meet. She said the UNRBA has worked with the UNC Collaboratory and has 39 come up with an alternative proposal. She said all local governments involved have passed 40 resolutions of support and it's now gone to the EMC. She said it's really an administrative 41 decision, but there could be a scenario that it would come to them for support. 42 Senator Meyer said this is a big deal. 43 Commissioner McKee and Vice-Chair Greene said there is no way to meet the 44 requirements, unless half of developed Durham is gone. 45 Senator Meyer said the most likely way for it to end up in the General Assembly's lap is 46 if the EMC took action and there was objection filed. He said making sure all local bodies 47 support it is critical. 48 49 Chair Bedford asked Senator Meyer to discuss the UNC Go-generation Plant. 6 1 Senator Meyer said there has been an informal local group meeting for almost a year 2 now and has resulted in a fantastic partnership where UNC and the Southern Environmental 3 Law Center have split the bill on hiring Central Pines Regional Council to move forward in a 4 process to seek federal or other grant funding to do a study for what can be done for community 5 economic and housing opportunities when UNC stops needs the rail line that feeds the Co-Gen 6 Plant. He said the university is working on energy transition but doesn't have a timeline. He said 7 once they stop using burnable fuel, there will be no further need for that rail line. He said 8 shutting down the rail, could turn that area into a multimodal greenway pathway, there is an 9 amazing recreation facility connecting the university to central Orange County. He said even 10 more important for the county is that from Blackwood Station south to the University, it will 11 unlock some of the largest parcels of land for future development available in Southern Orange 12 County. He said from the university, it would unlock space at the Co-Gen Plant and directly 13 across the road, which will be the largest parcels of land the university will ever again have for 14 building new things contiguous to central campus. He said then you reach the central business 15 district of downtown Carrboro and have the opportunity to redevelop anything limited in its 16 development due to setbacks required near a rail line. He said the line goes up through 17 Carrboro and into Chapel Hill over near Chapel Hill High, Smith Middle, and Sewall Elementary 18 which would all become walkable without the limitations of the rail line. After that, he said the 19 line goes through Chapel Hill North and adjacent to the airport and then goes along the Greene 20 Tract, Chapel Hill industrial development park, and then to Blackwood Station, which would be 21 the last center for economic development before reaching the residential areas in the central 22 part of the county. Senator Meyer said this vision is a way off, but there is no other greater 23 development opportunity for Southern Orange County, so it is time to think ahead. He said the 24 university has come a long way in a short time and a community development study is needed 25 because the study can show what greater impacts the change will have in order for the 26 university to demonstrate the need to prioritize the transition. He said there is an MOA that will 27 likely come to the Board for approval and invited them to come to the meetings. 28 Chair Bedford said the MOA has been reviewed by John Roberts and Amy Eckberg, 29 David Stancil, Bonnie Hammersley, and Travis Myren have all looked over it and provided input. 30 Vice-Chair Greene said the rails to trails project is part of the Climate Action Plan. 31 Chair Bedford said that is why David Stancil and Amy Eckberg are involved because for 32 the county, there are parks and recreation opportunities potentially, and there is a potential 50% 33 state match. 34 Commissioner Richards said her initial involvement with this topic was before she was 35 on the Board as far as why the rail line is where it is and the impact on Northside community 36 and low wealth and minority communities. She said at that time, they were working with an 37 active group of students at the University that led this effort. 38 Vice-Chair Greene said those students as well as the Jackson Center are attending the 39 meetings. 40 Commissioner Portie-Ascott asked what the study will show. 41 Senator Meyer said it will show the feasibility of housing, economic development, and 42 what the multimodal transportation possibilities would be. 43 Commissioner Richards said this is a long term, 20+ year project. 44 Senator Meyer said it is unlikely for the energy transition for the university to happen in a 45 timeline sooner than 10 years. He said it would require a massive infusion of money and/or 46 substantial advancement in technology. He asked the Board to remember this in their upcoming 47 planning. 48 49 Chair Bedford invited anyone to share last thoughts. 7 1 Commissioner Fowler thanked Senator Meyer and Representative Price for passing 2 Medicaid expansion in the General Assembly so it could be removed from the list of legislative 3 priorities. 4 Chair Bedford said over 3,000 people in Orange County have signed up so far. 5 Vice-Chair Greene said Orange County DSS staff is working as hard as they can to help 6 residents sign up. 7 8 Chair Bedford thanked the legislative delegation for meeting with the Board. 9 10 A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to 1 1 adjourn the meeting at 10:00 a.m. 12 13 14 Jamezetta Bedford, Chair 15 16 17 Recorded by Tara May, Deputy Clerk to the Board 18 19 Submitted for approval by Laura Jensen, Clerk to the Board.