HomeMy WebLinkAboutMinutes 03-19-2024 - Business Meeting 1
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MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
March 19, 2024
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, March 19,
2024, at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC.
COUNTY COMMISSIONERS PRESENT. Chair Jamezetta Bedford, Vice-Chair Sally Greene and
Commissioners Amy Fowler, Jean Hamilton, Earl McKee, Phyllis Portie-Ascott, and Anna
Richards
COUNTY COMMISSIONERS ABSENT: None.
COUNTY ATTORNEYS PRESENT. John Roberts
COUNTY STAFF PRESENT. County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present,
except Commissioner McKee.
1. Additions or Changes to the Agenda
Chair Bedford noted that staff requested that item 8-i be removed from the agenda. She
asked for a motion to approve the amended agenda.
Commissioner Richards made a motion, seconded by Vice-Chair Greene, to approve the
amended agenda.
VOTE: UNANIMOUS
Chair Bedford read the public charge:
The Board of Commissioners pledges its respect to all present. The Board asks those
attending this meeting to conduct themselves in a respectful, courteous manner toward
each other, county staff and the commissioners. At any time should a member of the Board
or the public fail to observe this charge, the Chair will take steps to restore order and
decorum. Should it become impossible to restore order and continue the meeting, the Chair
will recess the meeting until such time that a genuine commitment to this public charge is
observed. The BOCC asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silenvvibrate. Please be kind to everyone.
2. Public Comments (Limited to One Hour)
a. Matters not on the Printed Agenda
Dan Schnitzer said he was speaking in support of the Hillsborough Hogs. He thanked the
Board for listening to the community. He said his son participated in a tournament earlier this year
and felt anxious about competing, but his son was supported and encouraged by the coaches.
He said the Hogs' culture represents the best of Orange County. He asked the Board to find a
way to continue to support the Hillsborough Hogs.
Thomas Deis, the President and scheduler for Triangle Youth Hockey of NC, said he is
there to speak in support of youth hockey and the Hillsborough Hogs in Orange County. He said
this issue has created a lot of anxiety in the community. He said the dispute between the
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Hillsborough Hogs and Recreation Factory Partners (RFP) is a difficult one. He said there is a
question of where the youth will play. He explained why there is increasing urgency in the need
for the county to respond. He said they are governed by USA Hockey and travel programs have
tryouts May 10-11. He said that is dictated by USA Hockey. He said that players are expected to
commit by mid-May. He said house leagues do not have tryouts and they are a recreational
league. He said their registration is usually mid-June through early July. He said that families are
tense and upset about recent changes by Recreation Factory Partners. He said there could be
an exodus of families leaving Orange County and driving to play hockey in other counties. He
said a lot of the programs around are also seeing the same demand for hockey and limited ice
time. He offered his assistance and support if the Board has any questions about hockey.
Martin Molloy said he reviewed the emails from RFP sent to the Board. He said that in one
email, RFP states that the Hogs will live on with the same amount of ice time and volunteers. He
said that no one has contacted the volunteers or families to talk about the need for volunteers or
continuing the program. He said it is causing a lot of anxiety. He said his son has said he will not
play for RFP, and they are looking at a way to play hockey outside of Orange County. He said
the presumption that they will play for the RFP and be under their management seems galling to
him. He said that his son will be done playing hockey in a couple of years. He said that even when
he is done, he would stay and volunteer for the Hogs, but he will not volunteer for a profit company
that is trying to feed into their travel program. He said time is of the essence and depending on
elected officials to intervene.
Neel Vuolo thanked the Board for listening to the concerns of the commenters. He said
his son played for the Hogs and had great coaches who were good teachers of the game. He
said his son has made friends through the program, off and on the ice. He said that the program
has helped him become a self-assured young man. He said that the proposal by RFP is a sham.
He asked where they would find dedicated volunteers. He asked how they would get ice time
and what would happen if the Hogs were unable to do so. He said it seems like it is set up to fail
and that would leave only their overly expensive travel team.
Andy Dwyer said he is a hockey parent and a volunteer coach. He said he has a lot of
positive things to say about their organization. He said they prioritize being a good person first
and having fun. He said that objectively though, they are high scoring on all measures of success.
He said no one makes a dime. He said it is all volunteer led. He said it is an extremely high
performing organization and now a for-profit management company will be hired to replace them
and take over youth hockey. He asked who would be paying for this support and if it would be
based on Orange County taxpayer money. He asked the Board to ask the questions to RFP and
if they find the answers are not satisfactory, then it is a major cause for concern.
Kristin Bedell said she has been a hockey parent since 2014 and she was lucky enough
to be a volunteer coach. She said that her shy kid blossomed on the ice. She said that he is
learning to be a better person through hockey. She said that there is pride that comes with
continuing a 43-year-old sports tradition in Orange County. She said that during this dispute, a
SportsPlex employee did not act in good faith and made a mistake by accessing minors social
media accounts, including her own child's account. She said her child has reported being fearful
of retaliation at the SportsPlex. She said that it is not the first time that employees have used
social media inappropriately involving the accounts of minors. She said that when she brought
this up to management, including screenshots, her concerns went ignored. She said that she then
reached out to commissioners and found out that SportsPlex management had already been in
contact with them. She said after that, the management contacted her. She said that she asked
for a public apology and there has not been one, nor is one likely to be forthcoming. She said that
there should also be training for employees on proper social media use. She said she was given
a section of the handbook that focuses on protecting the SportsPlex brand rather than the public.
She said that the response she received expressed outrage that anyone would even consider
retaliation by management as a possibility. She said that this is a distraction. She said the
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SportsPlex motto is family, fun, fitness. She said in her family they teach that they can do what
they can to make things right. She asked the commissioners to consider if the SportsPlex values
still align with the values of families in Orange County.
Mark Bedell said he is a board member for the Hillsborough Hogs. He said youth hockey
is a growing sport and the Hogs have guaranteed that any child, regardless of income and ability,
would have access to the sport. He said that RFP manages the Sportsplex and said that the Hogs
will not have access to the ice. He said that RFP does not have the staff to manage that program
and they are seeking volunteers but there is already an organization that runs youth hockey
without paid staff. He said that the Hogs have already been using scheduled time from the RFP
and all they are asking for is the ability to run the same program as last season.
Abby Ambrozic said she is 16 years old and has played hockey for the Hogs since she
was 8 years old. She said that she is confident, brave, and strong because of her experience with
the Hogs. She said that Hogs hockey is like a family. She said having the option of affordable
hockey so close to home is something she is grateful for. She said they are asking for support to
help keep Hogs hockey a lively organization. She thanked all of the families and said that she
hopes they can play another season together.
Mary Lawrence read a letter from the Collins Creek/Bingham Woods/Orange Grove
community thanking the Board for taking the time to visit their community and listen to their
concerns. She said the community was happy to hear that the OWASA property was no longer
under consideration by the county to be used for a recycling center. She gave copies of the letter
to the Clerk to the Board for distribution to the Board of Commissioners.
Commissioner McKee arrived at 7:24 p.m.
Leslie Grother showed the Board a picture her son drew in support of the Hillsborough
Hogs. She read a portion of a letter/e-mail from Kristin Burrows, which had previously been sent
to the Board of Commissioners:
"I hope you will consider whether RFP's statements can be trusted and will question what their
motivations are.
As one example, the Amendment adds that RFP shall offer travel level youth sports leagues, but
also that those travel youth leagues/team shall not supplant OR REDUCE ACCESS by house/rec
level youth leagues or team. It would be hard to accomplish both of those requirements when
adding a new travel hockey program (unless other ice programs or activities are reduced). The
Carolina Thunder travel hockey program did, in fact, reduce access to ice time for the Hogs. Yet,
in an effort to work with RFP and the Carolina Thunder, the Hogs proposed ways to accommodate
ice time for both programs by reducing some of their ice time requests for the coming season.
John Stock and RFP then used that good-faith compromise proposal against the Hogs without
proper context, and implied and misrepresented that the Hogs were creating issues of access to
the sport; these statements were made to the Board in an email dated March 6, 2024, trying to
justify their actions. A public-private partnership requires trust and, in my opinion, cannot and
should not survive such a shameful display of dishonesty...
I have reviewed the contract and know you will need the opinion of the County Attorney and
possibly outside attorneys, but there is certainly an argument that there's a distinction between
the "day-to-day operations" of scheduling ice time (or pool time or court time) for various groups
and customers and suddenly telling a local non-profit youth organization, who has been a long-
time customer interwoven in the history of the Sportsplex, that they will be proactively and
explicitly denied access to their community facility. How does RFP's ousting of the Hogs fulfill the
contract's stated purposes of managing the facility'in the county's best interest'and the`cultivation
of broad community support?'
...Do the new hockey programs fall under Section 2.3(c) as an additional service that requires
county approval? Did RFP present a proposal to the county regarding starting a new hockey
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program?Are either of the new teams registered businesses?Are either or both of them falling
under the umbrella of the Sportsplex business? What is the financial relationship between the
Sportsplex and Carolina Thunder? What is the management relationship between the Sportsplex
and Carolina Thunder? The official contact email for the Carolina Thunder is a Sportsplex
employee email address. Section 9.1 of the contract states that RFP shall not take or use for its
own purposes, or third parties, the Sportsplex member/user lists. I have received communications
from the Sportsplex about the Carolina Thunder, so where is the line between the Carolina
Thunder and the Sportsplex, if any?"
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda below.)
3. Announcements, Petitions and Comments by Board Members
Chair Bedford petitioned for a formal opinion from the County Attorney about whether the
management services agreement allows the county to intervene with the Sportsplex management
company and, if so, what are the mechanisms and what are the associated risks. She thanked
those in attendance for clarifying the dates regarding hockey sign ups during the public comment
period. She said the following day at the Seymour Center there will be a public workshop hosted
by the Durham Chapel Hill Carrboro MPO to help identify community needs and
recommendations for transit services, particularly for older adults. She said a similar workshop
will be held on March 21 at the Durham County administrative building, and a virtual option will
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
encouraged any employers who are interested in joining to contact the county.
Commissioner Hamilton said she attended a financial retreat for the Alliance board. She
said the tailored plan which provides comprehensive services for residents is on track to roll out
on July 1 and Alliance is ready. She said earlier in the day she took a tour of Freedom House and
learned more about the behavioral and substance abuse services in the community. She said the
School Capital Needs Workgroup would meet the following day.
Commissioner McKee said he appreciated everyone in attendance at the meeting for
speaking on issues at the Sportsplex. He said that there had been a previous issue at the
Sportsplex that he thought had been addressed. He said he had requested copies of the contract
and had petitioned at the last meeting to start exploring other options. He said that he had read
a disturbing email that was about the need for professional staff. He said he was very concerned.
Vice-Chair Greene said she and Commissioner Richards attended the Child Care
Services Association awards breakfast, where a teacher at the Little School in Hillsborough was
a semi-finalist for one of the major awards. She said she attended the Justice Advisory Council
where the Clerk of Court, Mark Kleinschmidt, made a presentation on the major transition to an
automated system for the courts. She said there were also presentations on restorative justice
efforts. She said earlier in the day she went to the DSS board meeting during which the FY25
budget request was discussed. She said DSS plans to ask for funding for new positions, and that
the department has had to deal with some tough situations in the past year. She said that county
extension agent Mart Bumgarner has created a controlled burn group, and they would be
performing a controlled burn at the Chapel Hill Creamery on March 21.
Commissioner Portie-Ascott said she visited Piedmont Health Services to learn more
about the services they provide for the community. She discussed several of the services and
initiatives Piedmont Health undertakes to meet the needs of their patients. She said that Piedmont
Health Services also provides school-based behavioral health services and that they would like
to partner with Orange County schools in this initiative. She said she attended the Local
Government Affordable Housing Collaborative meeting the previous day,where they reviewed the
allocations for the HOME funds. She said she attended the Lumos community event at Lattisville
Grove where there was discussion about community investment by Lumos. She said that one
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suggestion was the development of a fiber optic/broadband tech position. She said the
community wants good paying jobs for people living in Orange County.
Commissioner Fowler said that earlier in the day the Strategic Plan Performance
Measurement Subcommittee met and discussed the first two priorities, climate and health. She
said there were two more meetings scheduled, on March 22 and April 2.
Commissioner Richards said at the awards breakfast that she and Vice-Chair Greene
attended, one of the awards was for a childcare program that shares costs with employers,
families, and the government. She said she attended the Lumos update and the Orange County
Emergency Services awards program. She said she shared the information with the Partnership
for Young Children. She said the Jordan Lake board met on March 14. She noted two events for
World Water Day on March 23. She said one is a cleanup day at Jordan Lake and honors former
Orange County commissioner and Chapel Hill mayor Pam Hemminger. She said there will also
be an event at Umstead Park. She said she attended an ABC Board meeting that day and heard
reports from grant recipients. She said El Futuro presented as well as two students from Orange
County Schools on the ADAPT (Alcohol and Drug Abuse Prevention Team) program. She said
that Orange County family court, Orange County drug treatment court, and reentry house were
also there. She said that she also attended the Burlington Graham MPO meeting. She said there
was grant funding available for the Mountains-to-Sea Trail. She thanked everyone who was in
attendance.
Commissioner McKee read a portion of a statement that he found objectionable from John
Stock of RFP, the management company for the Sportsplex:
"The very original proposal to the Hogs was that we "merge" efforts with us taking the lead on
registration administration, player development, and scheduling ice slots directly. In essence that
part of hockey where we have full-time highly qualified staff. The Hogs Board could continue to
do the rest."
He said the statement shows a move towards doing things in-house and displaces an organization
that has evidently been very successful.
4. Proclamations/ Resolutions/ Special Presentations
a. Eno-New Hope Landscape Conservation Plan Presentation
The Board received a presentation of the Eno New Hope Landscape Conservation Group's
"Strategic Action Plan" and updated spatial analysis results.
BACKGROUND: Several years ago, a group of experts and staff within the conservation
community from Orange and Durham counties, Duke University's Duke Forest Teaching and
Research Laboratory, Eno River Association, Triangle Land Conservancy, NC Natural Heritage
Program, NC Wildlife Resources Commission, NC Botanical Garden, and other
practitioners/experts began meeting to discuss the need for collaborative conservation planning
across jurisdictional lines for a four-county area (Orange, Durham, Chatham, and Wake counties).
These counties share many of the same watersheds and wildlife corridors/open space networks,
and all have conducted inventories of natural areas and spent significant time and resources
documenting and working to protect conservation lands.
In discussions, the concept of the multi-county plan was centered on the importance of
connections between existing conserved lands for wildlife, natural communities/habitats, and
ecosystem services. The collaborating group met on several occasions and agreed that the focus
of the plan should be built around one of the most important shared areas, the connections of the
New Hope Creek and Eno River conservation networks, and that this plan be made available to
local counties and municipalities, public and private institutions, and nonprofit land conservancies
in the four-county region for use in prioritizing conservation efforts inclusion into local policies and
plans.
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The group determined the need for a spatial analysis and mapping effort to demonstrate the most
vital connections between conserved and undeveloped areas for wildlife and the ecosystem types
which support them.
Funding was secured from the NC Wildlife Resources Commission, with additional support from
Orange County, to hire a consultant to conduct the spatial analysis, research the data, and create
the analysis layers and associated maps. Through collaborative brainstorming sessions, three
keystone species were identified to best represent their distinctive habitats and other associated
animals, as well as their corridor, or connectivity, requirements. These species and their
respective habitats are as follows:
- Eastern Box Turtle (Dry-Wet Mixed Hardwood-Pine Forests)
- Bobcat (Sparsely Settled Mixed Habitats)
- Four Toed Salamander (Wet-mesic Hardwood Forests)
This effort generated enhanced mapping layers that represented the habitat areas for each animal
and its associated guild, and these layers were combined with land use layers to create a habitat-
corridor analysis. These results and associated recommendations were presented at the 2019
Environmental Summit at the NC Botanical Gardens, hosted by the Commission for the
Environment (CFE). The CFE also requested an additional presentation and opportunity for in-
depth discussion of recommendations, which was conducted at the CFE's March 2020 meeting.
In 2020, the group was awarded a Catalyst Fund grant from the Network for Landscape
Conservation to form a strategic action plan to implement the report findings. A coordinator was
hired, and a steering committee was formed with representatives from Orange and Durham
counties, Eno River Association, Triangle Land Conservancy, Duke University's Duke Forest, NC
Wildlife Resources Commission, and the NC Botanical Gardens. Over the next two years, the
steering committee worked to engage a large group of stakeholders and volunteers from around
the study area to draft a strategic action plan outlining actions necessary for ensuring
conservation connectivity. Four subcommittee groups were separated by specialty and/or direct
interest — Education and Outreach, Land Use, Conservation, and Transportation. The final draft
of the action plan was presented at a celebration event in the Robin Jacobs Pavilion at the Eno
River Association's Confluence Natural Area in October 2022.
The Board of Commissioners received a copy of the report and a cover memorandum in March
2023 as an Information Item. The report attached herein is the same, but an updated map has
been attached to reflect updated and included data.
In 2023, Durham County, utilizing funds from a Burt's Bees grant program, expanded the report
data and mapping area to include the entirety of Durham County, particularly of the Upper Neuse
Watershed. This expansion benefitted Orange County by expanding the data and mapping
analysis to the northern most areas of the County, leaving only a portion of the Cane Creek and
Haw River Watershed as area for an expanded analysis.
The findings of the report have significant implications and potential guidance for local
conservation programs, such as the County's Lands Legacy Program and other upcoming plans.
As such, value was seen in sharing this Strategic Plan with the Board at this time, as local
conservation plans are being updated in the coming months.
David Stancil, Director of the Department of Environment, Agriculture, Parks and
Recreation introduced the item and presenters Johnny Randall, who recently retired from the NC
Botanical Gardens and Bo Howes, the Director of Land Protection with Triangle Land
Conservancy.
Johnny Randall made the following presentation:
Slide #1
r
Johnny Randall said they are talking about an extension of what Lands Legacy Program
already does. He said Rich Shaw, the retired land conservation manager,was a founding member
of the group, and that his successor, Christian Hirni, is also on the steering committee.
Slide #2
E C b hey,.iicolvunedcanwvaumnc.or5 [p i- c -
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Triangle •nnectivity Collaborative
w..r�
ORANGE COUNTY
39IN1KE FURF:ST OtIc NORTH CAROLINA
', �ur Mission TRIANGLE LAND
BOTANICAL I�RONMENTAL r ,' CONSERVANCY • E
GARDEN ®LAW
CENTER
AMMI To conserve and restore landscape habitat connectivity that ensures long term protection _
T and resilience of biodiversity and natural resources.
Johnny Randall said the collaborative has a lot of partners.
Slide #3
WHY DID THE BOX TURTLE CROSS THE ROA
To get to habitat on the other sideJohnny Ran=allsaA that roads are one of the most serious threats that wildlife has. He
Animals need to move across the �•_ � � >.�*
said that natural areas are often divided by roads. He said that they need to stay connected, so
they
landscape for short- and long-term - �
survival - '� y
• Finding food,water, shelter '� �=; • _
• Finding mates, nesting �' ' _ ' - - �'
• Genetic diversity _ ��'` `
• Response to disturbance 3;"' " ''
• Adaptation to climate change ,
cnom nedl[mkoslewi4i
•• not have to cross the road.
Slide .I
HABITAT LOSS AND J �.; ''` .` .� �'"s �,y ri• •�, i Y s
44
Isolation and degradation �;K:.' .� �- + . • � s • -
of existing protected � �'- ' ..
Susceptibility to threats I �
and edge effects F '`�t
BIOQIVERSITY QECLINE * � � . - •, ,� �,�'
Further susceptibility to ��� � '�'�'�
threats, including climate � � '^' �
change � , . ram a
9
Slide #5
STATE OF LANDSCAPE SaSagoni ^90�
CONSERVATION IN d ,g
THE TRIANGLE 41 �+ J� . ?�
� • '� � Cr"dmoor
-
hi0ane eaa
MANY YEARS OF WORKING TO " 0. ill •i ;v`
PROTECT LAND AND n + s
4
CONNECTIVITY IN THE TRIANGLE o der w 8 .
PACE OF DEVELOPMENT 15 , o • �, �, }°a p ,
RAPID
0 y ti ' b rt3a n..it
1 n ►fr r`_�/r
Managed Areas
I3Dedicated Nature Preurve
t Y�t _ I ��f•Rt E:1 Registered Heritage Area
_ a
1:1 Conservation Easement
❑Dther Protection
1
o •� � a ®Federal Ownership
of
r . Q ®State Ownership
6
y/! kw, ,� r �,�o nary ®Local Government Ownership
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Johnny Randall said this project has been going on since before the pandemic. He said
that they live in a remarkable area and want to keep it that way by connecting different nature
preserves. He said that they are left with following stream and river corridors to keep the spaces
connected.
Slide #6
M1 �47'
y{ Z 4 �
r
RESISTANCE -SURFACE -BASED
CONNECTIVITY MODELING
IdentifyGOALS
. • and
connections between them for
priority wildlife.
..v
Prioritize habitat and corridor areas
by •• for • - -- -.,,t----
overall landscape connected.
n 4�
10
Slide #7
= .<
_
W.
EASTERN BOX TURTLE FOUR-TOED SALAMANDER
AL
Dry-wet mixed Sparsely settled Wet-mesic
hardwood/pine forests mixed habitats hardwood forests
3 HABITAT GUILDS ■ ■ESENTATIVE OF . PRIORITY TERRESTRIAL WILDLIFE SPECIES
Johnny Randall said if you protect the habitat for one species, you are protecting habitat
for a multitude of other species.
Slide #8
WHAT DOES THE DATA MEAN?
,l -a
Legend z
Habitat Patches Corridors Background ` ' ; 1
Connectivity Priority Connectivity Priority Types
hest 1-Highest 1-Hi Barrier(no color)
9 g �� .2. .. � a o�6� f vtr:•
2-Higher 2-Higher Habitat fragment
3-High 3-High Non-habitat
1',4
4-Moderate 4-Moderate
,c
L• _I Ntlepn
5-Unranked 5-Unranked
LXATXAU {` /
v'
su�,r
j�
ru y%W.I.
Johnny Randall said that the habitat patches in the dark green areas, follow areas like the
Eno River, New Hope Creek, Morgan Creek, and Bolin Creek. He said that it is interesting to think
about that these habitats are connected all the way to the Atlantic Ocean. He said that it feeds
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into the Cape Fear River and occasionally there are bears in the area and they come from the
eastern part of the state, and they have navigated their way through these nature corridors.
Chair Bedford asked for clarification about the protection of species like bobcats, which
she thought were uncommon in Orange County. She asked if they would be counting the animals
or if habitat preservation simply leads to their preservation.
Johnny Randall said bobcats are actually not uncommon and they are regularly caught on
cameras at night. He said that they are secretive and are not always seen.
Slide #9
WHAT SHOULD WE DO WITH THIS DATA?
Eno-New Hope
i.
PLAN WAS FUNDED BY THE
NETWORK FOR LANDSCAPE r r tic
CONSERVATION '
ic
INVOLVED OVER 60 Action
STAKEHOLDERS Plan ''?iiliisaoaoucu
COMPLETED IN 2022
wM®Kl
[pl.arii.�nY11lY
Bo Howes said the plan is a GIS plan that identified the corridors and they have been
working to implement the corridors.
Slide #10
The History of Eno-New Our Approach
Hope Efforts This Strategic Action an ISAP)aims to achieve
connectivity conservation through collaborative work
carap,t f°pa c ana an nlraa between four grcups:
c Stralegk%1°n PUS.
2020
2015 �
2017 dL
1
I,ualmeennra\u
Em-New Hepe Education&Outreach Land Use
swxewlders erameam 2019 spreading me wore anon PL,nnn_rnr w:IluN.Nanlra;
N�PC'ntl ectiv'rly across communnies an.c.rndo.s
U.aae Cdmry gekasor coon
b crealea EnoNery Hope
wm'scryaapepn tantluape Plan
0
2022
CompleGpn aM
nal°�tt piEo-ategl` Transportation Conservation
ti°n Plan pes'gn'ng w.ltll'ilr-Iricrclly Proteging and rgztodng
road=and lnirastnicture cautialwildlTcwrrida
rwe rrae,lp°�a.Mr„ar � 1111
Bo Howes said they received a grant and they have developed a Strategic Action Plan.
He said that was completed in 2022. He said that created four different groups to implement the
plan.
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Slide #11
Education &Outreach
Coal:Ensure that our communities have the knowledge Coal: Integrate connectivity conservation into inclusive
needed to value,prioritize,and implement connectivity land use planning and decision-making while
conservation in our area. prioritizing equitable outcomes
Amend andL
llpdat—clinances
Shan know€edge Engage m
diverse update planning to include
anddata audiences and docuents tocommunities includeconservation in
connectivitydevelnpmentdesign
conservation
ndry barriers t.
Partnwwit7+ Design open space
Fact{[rate learning
and problem locala ,de
connectivity in land to Protect
highest
solving arganuations anc use ions environmental
communities p values
How • . .
i
ne
i
tigjiii 10
/Cr i
De"lopoo—sh'ite Prc,%Qepresentatlona, Listen,learn.&collaborate Educate elected officials, 5hareauccessful Give yearly prescrutions
as�resource hub for rk,h.ps.field n,h.,cd priorities for planners,other local strategies& about corridcr status&
connectivity conservation outings,&ccluo,ational mutual benefit povernment staff,& ordinance language educate the community
developers
Bo Howes said they wanted to share the plan and show how they will get it done. He said
they wanted to do as much stakeholder work as possible. He said they have also done two
workshops including elected leaders. He said that he has been more involved with the Land Use
side and one of his roles is to educate the elected leaders with the goal of incorporating the plan
into the planning process in local governments.
Slide #12
Transportation Conservation
Goal:Remove barriers and avoid the creation of new Coal: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 (1'�. tore degradad
Identify projects in the TYanspottalion j<,r Res
Improvement Plan to work with protect lands in habdat as necessary
stakeholdersand accommodate wildlife identifiedwildlife and manage for
—sings ',r. ' corridors a eFleaive wildlife
movement
y Sharethefindings ,tt
of the landscape
eonservelands r - - Partnerwith conservat{on groups
Plan with pub'
adjacent to essential r �' -land lmsis,state agencies,and
wildlife crossings of agencies and roadways .-at.tganleations-to ensure
act
rdways and requestst action
ion longterm habitat management
be taken _
How
'll
i
d ow We'll Got It Done
0 @ .y. ��,�l o
Work with NCUOT to Partner with land n—p—t—Ludly linclimg, Wc,k with lcnd.w,e,, Create restoration& Ens—that resources
13
Bo Howes said that the transportation segment was led by representatives from NCDOT.
He said that is usually a tough nut to crack to get into the door with DOT, but they have been
involved. He said they will work with volunteer landowners to conserve easements.
Slide #13
Contributors • - •
Education&Outreach Land Use ' t1C
KYlemm Rooks{Chair l.Abel Hastings lAsaJ- ��onke W..lChairl,Celeste Barra Uksst-[halrl
Chalrf,Bll Bayarsky.Fret Dlelrlch,Max k3a rry Jacab4,Carl Kelosna Perd iM Hot¢.M, ®OPANGE COUNiY
Gsvlry,Aeslon Montague,Milo Pyne,Maggie 5carin&Pam Hemmi—,Bob Hcaly,Itim Pi—i,
NM"L Davls-Darznle.Gall Beyarsky, AS—grhm,Weakley.Amy Ryan.Carey Liles- --
Mkhellc Benham,CC King,Rimbedy Radewi¢ Brandon Dawson.Alca Vanko,5ally Greene
IQHILLSSUROUGH
- ^�S nortlTwnier
Transportation Conservation
Derek Smith{CIrI,Ellen Beckmann,Rich Shaw, ORNaLWingtm Ei Dick Wdingtan rCEPI®
Fllen Reckhow.Pete Schubert T2 is Wilson,Ron ICe-[bald,Terry 114,C-t Rod,J ,S.Risk
Suthmland,Ali West Stephanie Tr Ivod, Savage.Shannon Maness,Deborah Fowler. Gla
%e:ln Lindley.Ed Harr on.Andy Hervy Rickie Whllg Marcia Purvis.alMmuer.
Mikayha Penn,Katie Barnhill-Dillmg.MNln
Minor,Rammsa I&C—,tone Kn"',James
Adamsm,Mis[Y luchan�n
� Cnnssl-etkin�adncr.
Steering Committee
Celesre Bum,Sara Child,Chris Hil Bo Howes.l4m V mI SAPdesigned by
Livingston,Brooke Massa,Johnny Randall.Julie Tu[Ile Rirhord Ylo 2022
Slide #14
con nectedconse • • •
We urge you to instruct county staff to incorporate
findings of the Eno-New .. Connectivity Plan into the
-
county's Land Legacy Plan and the . .
Kathy Lee
Bo Howes,Triangle Land Conservancy
Action Plan.
14
Vice-Chair Greene thanked the presenters. She said her name was on the land use part
because she was asked to step in briefly to talk about the land use connection and the only advice,
she gave was for it to be a living and working document that is incorporated into all of the county's
plans. She said she noticed on page 41 of the report that it identifies many elements of the current
land use plan. She said many of the conservation goals are reflected in the plan. She said that it
is a continuation of the work the county has been doing. She said she hoped this information
would be incorporated into the new comprehensive land use plan and the lands legacy action
plan.
Christian Hirni said they would receive an update on the Lands Legacy Action Plan in April.
Vice-Chair Greene noted the references in the County's Climate Action Plan to priorities
in the Eno New Hope Landscape Conservation Group's "Strategic Action Plan." She said all of
the plans are being integrated together. She said her previous petition to make conservation
subdivisions a reality is connected to this work. She said the Green Growth Toolbox has
suggestions for how to build a conservation subdivision ordinance that actually works.
Johnny Randall said the Green Growth Toolbox is a wonderful resource created by the
Wildlife Resources Commission.
Commissioner McKee referred to slide #11. He asked how open space is defined. He
asked if it refers to open space owned by the county or privately owned.
Bo Howes said it is open to interpretation. He said it is a design, not a mandate. He said
that they would not go to a private landowner and tell them how they have to manage their
property. He said these would be recommendations. He said it would not be a restriction on
individual landowners.
Commissioner McKee said he is concerned about slippery slopes with open-ended
definitions. He said some farming practices do not align and are necessary. He said he does not
know how they ensure they do not head down a path that will have an adverse effect on farms.
He said the Rural Buffer impinged on a lot of farms.
Commissioner Fowler asked how the county would use this plan and how would they know
where to put money.
Christian Hirni said the Lands Legacy Plan will be presented next month and there will be
a ranking matrix category for properties that obtain clear corridors and habitat reflected in the
plan.
Commissioner Portie-Ascott asked about the statement in the agenda materials that says
funding was secured by NC Wildlife Resources Commission, with additional support from Orange
County. She asked what that statement was related to.
David Stancil said that there is a small area in southwestern Orange County that they
would like to incorporate and have the same level of data and information. He said that the county
participated early on, which included staff time and possibly initial funding creating the project.
Christian Hirni said it was the Eno-Hope Collaborative and it has been renamed the
Triangle Connectivity to allow Durham County to expand the program. He said they received a
grant from the Burt's Bees corporation and he could apply for more grants if the county approves.
Commissioner Richards said that the group is coming again in April. She asked if the
county is close to having these connections without needing to acquire more.
David Stancil said they are part of the way there. He said that this is not entirely different
from how the county has been operating in a land use way but there are a few glaring areas that
could use more work.
Commissioner Richards said they are doing a lot of different plans right now. She said
she has concerns that there are a lot of moving parts. She said the strategic plan has measures
which speak directly to how much land is preserved.
David Stancil said that is important. He said that at the next presentation in April, the
Board will see the connections and specifically, the Climate Action Plan has a lot of connectivity
15
to it. He said it was shared with the planning consultants as well. He said they are cognizant of all
of the plans in place.
Commissioner Fowler asked if the wildlife corridors and allowed uses are compatible.
David Stancil said yes and gave an example of the connection to the Mountains to Sea
Trail between Riverwalk and Hillsborough. He said that 1-40 is a massive barrier, but people have
been thoughtful to allow some wildlife connectivity underneath. He said they need to think about
different types of connectivity.
Chair Bedford asked about fences creating barriers to wildlife.
Johnny Randall said not all fences are created equal, so you want as much space between
pieces of a fence to move through those. He said it also depends on what the fence is for. He
asked the basis.
Chair Bedford said that along ten acres there is a stream, and she is assuming that a
stream is a wildlife corridor.
Johnny Randall said that is where the land is now because of buffers. He said that upland
connections are important too. He said that is a non-wetland corridor.
Chair Bedford asked if it would be valuable to say do not put a fence in a certain area.
Johnny Randall said that large mammals like deer would jump over a fence. He said that
in fencing up to a road, you need to have protection to funnel wildlife to a genuine corridor that
goes under the road that has an upland area where animals that are not aquatic and also allows
aquatic. He said it is important to keep mammals off the road, which also presents public safety
concerns.
Commissioner McKee said that 1-40 was cited as creating a significant barrier and 540
has an example along Little Creek in Wake County. He said there is a fence that comes down
along the roadway, but it connects through the creek while leaving it open. He said that one side
is a walking trail, and the other side is natural.
5. Public Hearings
a. Zoning Atlas Amendment— 6915-UT Millhouse Road, Chapel Hill
The Board held a public hearing, received the Planning Board and staff recommendations, and
public comment, closed the public hearing, and considered action on an applicant-initiated Zoning
Atlas Amendment to rezone +/-10.01 acres (PIN: 9871-50-3254) located at 6915-UT Millhouse
Road, Chapel Hill, within the Chapel Hill Township of Orange County. The proposed rezoning is:
FROM: RB (Rural Buffer)
TO: ASE-CD (Agricultural Support Enterprises - Conditional District)
BACKGROUND: A Conditional Zoning Atlas Amendment application (Attachment 1) from The
Treeist proposes to rezone an approximately 10.01 acres property at 6915-UT Millhouse Road,
Chapel Hill, in Chapel Hill Township. The Staff Report in Attachment 2 contains additional
information, maps, and analysis, including a summary of the applicant's narrative regarding the
proposed use's consistency with County-adopted plans. Approval of a site-specific plan is
required, and binding, agreed-upon development conditions are permitted, for a conditional
zoning district.
Basic Review Process: A conditional district rezoning application requires submission of a site
plan and associated documents, in accordance with Section 2.9.1(C) of the Orange County
Unified Development Ordinance (UDO). Sections 2.8 and 2.9 of the Orange County UDO
require the following review:
• FIRST ACTION —Application is sent for courtesy review.
STAFF COMMENT. This property is located within the Joint Courtesy Review
Area as defined by the Orange County-Chapel Hill-Carrboro Joint Planning Land
16
Use Plan. UDO Section 2.8.4 requires that applications of zoning amendments
for properties located within the Joint Courtesy Review Area be processed in
accordance with the specified joint courtesy review procedures. County staff
provided application materials to Town of Carrboro and Town of Chapel Hill
planning staff on September 15, 2023, and comments received from this
courtesy review are available in Attachment 5.
UDO Sections 2.5.4(C)1 and 2.8.5(B) require applications for Agricultural
Support Enterprises located within the Rural Buffer be forwarded to the County's
Agricultural Preservation Board (APB). The APB reviewed the application at its
September 20, 2023 meeting and its comments are available in Attachment 5.
• SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM).
STAFF COMMENT. The applicant held the NIM on November 17, 2023 at 4:00
p.m. at the Orange County Public Library (Attachment 4).
• THIRD ACTION — The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
STAFF COMMENT: The Planning Board reviewed this application at its regular
meeting on January 3, 2024.
• FOURTH ACTION — The BOCC receives the Planning Board and staff
recommendations at an advertised public hearing and makes a decision on the
application.
STAFF COMMENT: The public hearing is scheduled to be held on March 19,
2024.
A formal site plan is required as part of a conditional zoning application and has been submitted
(Attachment 1). The applicant is proposing an Agricultural Support Enterprise to locate a tree care
and consulting company on this site. This use will include two office buildings, a residential
building for a property caretaker, and a service equipment staging area.
The application and site plan were presented to the APB, as required by Sections 2.5.4(C)(1) and
2.8.5(B)of the UDO, but no substantive comments were provided (Attachment 5). Orange County
Development Advisory Committee staff approved the submitted site plan with the imposition of
recommended conditions, as included in the Ordinance in Attachment 9.
Additional Information
Existing Special Use Permit
A Class B Special Use Permit (SUP) was approved by the Orange County Board of Adjustment
in 1994 for the existing 180-foot telecommunication tower and 312 square foot equipment
building. The presence of a SUP on the property does not prohibit the use of the property for other
purposes, provided both uses are addressed in the conditional zoning application. The approved
SUP is contained in Attachment 10.
Site Access
A Grant of Easement and Assignment of Lease for the existing access easement was recorded
in 2008 between the property owner at that time and Crown Castle, the tower owner. The
easement language grants Crown Castle privileged rights, including first right of refusal, for the
sale and use of that private access easement. Crown Castle has not commented upon this zoning
application. Attachment 5 includes a letter detailing the applicant's legal right to the access
easement, which cannot be confirmed by staff.
17
Proposed Conditions
Following the January 3, 2024 Planning Board meeting, the applicant requested to vest their
plan's development rights, per Section 2.5.5 of the UDO. This request was added as Condition
#7, which was not reviewed by the Planning Board.
Following Planning Board recommendation, Orange County and the applicant negotiated the
details included in Conditions #5 and #6.
Per Section 2.9.1(F)(3) of the UDO, 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.
Per Section 2.9.1(F)(3) of the UDO, the following conditions are being proposed:
1. Project shall be completed as presented in approved site plan/application packet.
2. Allow for a reduction of the 100' setback from the southern property line for outdoor
storage of wood chips, stumps and logs, branches and similar wood by-products resulting
from tree cutting operations. Outdoor storage shall not be less than 40 feet from the
southern property line.
3. Allow for Planning Director to review and approve minor changes to the approved plan,
per Section 2.9.1(1) of the Orange County Unified 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 minor changes to the approved plan,
per Section 2.9.1(1) of the Orange County Unified Development Ordinance, specific to
outdoor pole lights. Pole 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.
5. Initial access to the applicant's property shall be through the current access easement
held by Crown Castle, LLC, and improved consistent with the County's road improvement
terms and standards.
Orange County intends to 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 map as Attachment A, 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.
18
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.
7. Approval of this plan establishes a zoning vested right under North Carolina General
Statute 160D-108. Unless terminated at an earlier date, the zoning right shall be valid until
March 19, 2029 (assuming Board of Commissioners' approval of this rezoning application
on March 19, 2024).
Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
notices were mailed on February 28, 2024, 20 days before the hearing. Staff also posted the
subject parcel with signs on February 29, 2024, 19 days before the hearing. See Attachment 3
for the notification materials.
Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at
its January 3, 2024 regular meeting. At this meeting the Planning Board voted unanimously to
recommend approval of the Statement of Consistency (Attachment 7) and the proposed Zoning
Atlas Amendment (Attachment 9), as presented, with the exception of directing the applicant and
Orange County to continue to negotiate regarding the access road, which crosses County-owned
land (Condition 5).
The approved minutes from the January 3, 2024 meeting, as well as the Board's signed statement
of consistency, are included in Attachment 6. Agenda materials from the meeting can be viewed
at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 01032024-1916.
Planning Director's Recommendation
The Planning Director recommends that the Board of County Commissioners:
1) Consider the matter for 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 2), 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 plans;
4) Allow for the 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 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).
Cy Stober, Orange County Planning and Inspections Director, made the following
presentation:
19
Slide#1
ORANGE COUNTY
NORTH CAROLINA
Board of County Commissioners
Meeting
March 19, 2024
7:00 p.m.
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#:MA23-0003
Slide #3
REZONING PROCESS
Public Notice
(signs posted,letters mailed)
7
•sick Rerew .coznnnq mry •Pudic Afeanrg •Pcei'e Heairg
•Oe.Hopmenl an Cwrsisk y •Pfen Cans ncy
Am;ea<y Fmmp enaMene%
cvma:aee aa"ew me�aanon suie+ew
-m��encr� sae uo aocc xp,o„i—i d
ei zmha Ric®i
ORANGE COUNTY
NORTH['nnnuNA
20
Slide#4
CONDITIONAL DISTRICT- Overview
Conventional District Zoning Conditional District Zoning
JStandards must be uniformly Request is use-specificwith
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
Slide #5
CONDITIONAL DISTRICT- Overview
Enabling NC General Statute 16OD-703 Zoning Districts
Legislation • Orange County LIDO Section 2.9 Conditional
Districts
What makes • Site plan and development conditions are site-
CD rezoning 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 CAROUN.A
Cy Stober said this request is the first time it has been done in Orange County.
21
Slide#6
ZONING & LAND USE REVIEW
NCGS 160D-701
Zoning regulations shall be made in accord ancewith 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 character of 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 throughout the local government's planning and
development regulation jurisdiction.The regulations may not!nclude,as a basis for denying a
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 COUNTY
NORTH CAROLINA
Slide #7
ZONING & LAND USE REVIEW
NCGS 160D-701
Zoning regulations shall be made in accordancewith 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 character of the district and
its peculiar suitability for particular uses and with a view to conserving the value of buildings and
encou raging 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 a
zoning or rezoning request from a school,the level of service of a road facility orfacilities
abutting the school or proximately located to the school.
ORANGE COUNTY
NORTH CAROLINA
22
Slide#8
ZONING & LAND USE REVIEW
NCGS 160D-703 (cost.)
Specific conditions maybe 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 maybe 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 of the site to local government
ordinances...or the impacts reaso nab ly expected to be generated by the development or use of
the site...
Any other modification of the conditions and standards in a conditional district shall follow the
same process for approval as are applicable to zoning map amendments.
ORANGE COUNTY
NORTH CAROLINA
Slide #9
ZONING & LAND USE REVIEW
NCGS 160D-703 (cost.)
Specific conditions maybe proposed bythe petitioner orthe local government or its agencies,
but only those conditions approved bythe local governmentand consented to bythe petitioner in
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 district shall be limited to those
that address the conformance of the development and use of the site to local government
ordinances...or the 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 district shallfollowthe
same process for approval as are applicable to zoning map amendments.
ORANGE COUNTY
NORTH CAROLINA
23
Slide #10
CONDITIONAL DISTRICT(CD)
• A zoning district with specific permitted uses and mutually agreed
upon individualized development conditions.
— LIDO Section 2,9;and NCGS 160D-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 CAROLINA
Slide #11
• Joint Planning Agreement
OFaN4f[dNd1Y-fXAPfI nilL-CRFFBOFO
• Land Use Agreement with Orange A JOINT PL NAIVNING
County,Town of Chapel Hill&Town of
Carrboro
• Establishes Rural Buffer&Transition
Areas
• Subject Property in Rural Buffer&Joint lam.
Courtesy Review Area w _
— Requires county to allow forTowns to w
review application
ORANGE COUNTY
NORTH CAROLINAA
Cy Stober said they did not receive any response from the Town of Carrboro on the
application.
24
Slide #12
uuNDITIONAL DISTRICT - Applicant
Responsibility and Review Flexibility
1. Establishment of Use Type
Applicant is required to define what type of development and/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 any development
activity on the parcel.
3.Subject to Conditions of Approval
Review and approval allows for negotiation of development standards and
may vary considerably from ordinance standards.Room for creativity both
from applicantand review authority.
ORANGE COUNTY
NORTH CAROLINA
Slide #13
CONDITIONAL DISTRICT - Review Process
ReviewPlanning Staff
• 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 :•. • Review
• To make a recommendation of approval or denial of Zoning
Atlas Amendment
y :•. • of •unty Commissioners— Pu• •
• To take action on the application to rezone
ORANGE COUNTY
NORTH CAROLINA
25
Slide#14
CONDITIONAL DISTRICT — BOCC Review Role
Board of CommissionersObjective
• Hear from the applicant, staff,and the public
• Review and discuss analysis and staff recommendation
• Take action on the Zoning Atlas Amendment application
• :•. • a 1 •
NCGS 160D-703(b)
"Conditions and site-specific standards imposed in a conditional district shall be
limited to those that address the 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,
�1
ORANGE COUNTY
NORTH CAROLINA
Slide #15
MEETING PROCESS
1. Staff Presentation
2. Applicant Presentation
I Questions from the Commissioners
4. Public Comments
5. BOCC Deliberation and Decision
ORANGE COUNTY
NORTH CAROLINA
A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to
open the public hearing.
VOTE: UNANIMOUS
Ashley Moncado, a Planner in the Planning Department, continued the presentation:
26
Slide #16
Zoning Atlas Amendment- MA23-0003 (Acer, LLC)
6915 - UT Millhouse Road
Overview:
® ...V rtY Map for RezoningApt l' tfun-PIN 987+5o3254
6915-UT Millhouse
Road
r
® 9871-50'3254 - ChapeL 1111
h III
Township Chapel Hill i
®
Jordan Lake
Unprotected
Acer,LLC i
> L.
Slide #17
ZoningAtlas Amendment- MA23-0003 (Acer, LLC)
6915 - UT Millhouse Road
• • -•
ParceI9871503254
KE UMIVEASRv IiDOu �/
� I
'JUKE L
J
ovave���u:Tr `I �rti'
+,�MY
- AWE E�rxmP(MS 1�
a ola wel I Ef aE1 W Fj sE - A
i�
27
Slide #18
'oning Atlas Amendment- MA23-0003 (Acer,LLC)
6915 - UT Millhouse Road
• • -•
Rezoning Application to ASE-CID for PIN 9871503254
CurrentZonin y _-
Rural Buffer(RIB)
ReouestedZoninf? -----------"--
• Agricultural Support Enterprises
Conditional District(ASE-CD) ';
J°Nan Lake WahnFetl
-------------------
• Use:Agricultural Service Uses "-=
Surrounding Zoning
Rural Buffer(RB)-Orange County
• Rural Transition(RT)-Chapel Hill
Slide #19
Zoning Atlas Amendment- MA23-0003 (Acer, LLC)
6915 - UT Millhouse Road
• • -•
Atlo tetl Fucure Lantl Use Map with Parcel 9�871503254 Depicted
Future Land Use Map Designation
Rural Buffer
----------------
■ Only very low density residential,
agricultural uses exempt from
zoning regulations,and low ----------------
°man Laka Waar°FeE
intensity agricultural support uses
are appropriate in the Rural Buffer. "Rp32^"
■ No proposed amendment
I
28
Slide #20
Zoning Atlas Amendment- MA23-0003 (Acer, LLC)
6915 - UT Miilhouse Road
,Overview (contin -•
Orange County-Chapel Hill Ca"oro JOint Plannin Areal
Joint Planning Area(JPA)
Joint Courtesy Review Area
® September 15, No
2mb
® Sept ember 35.
2023 Yes
1,
I
Slide #21
Zoning Atlas Amendment- MA23-0003(Acer, LLC)
6915- UT Millhouse Road
• -s
Rezoning Application to ASE-CD for PIN 9871503254
Z Conditional District Application Requirements vi
■ Site Specific Plan -_---- °
■ Environmental Assessment
■ Landscape Plan
■ Additional Information as Identified by ,,, ,w h, ,
Reviewing Agencies
=-Am
29
Slide#22
Site-Specific Plan
f
SY,OLO>
Y`
i
s,
}, �FTM
---------------
a --
Ashley Moncado said the existing Special Use Plan does not prohibit the property to be
used for other purposes, provided both uses are addressed in the conditional zoning application.
Slide #23
Access
ORANGECOUNTY
ORANGE COUNTY ORANGE COUNTY
M.,.
Ashley Moncado said that minor improvements to the access area will be made at the
stream crossing as well as paving at Millhouse Road. She said a grant of easement and
assignment of lease for the existing access easement within the property was recorded in 2008
between the property owner at that time and Crown Castle. She said a letter detailing the
30
applicant's legal right to the access easement which could not be confirmed by staff was included
the agenda packet.
Slide #24
Applicant Presentation
ORANGE COUNTY
NORTH CAROLINA
Craig Nishimoto of Treeist made the applicant's presentation:
Slide #25
2030 Comprehensive
Plan &the Balance of
Reasons
• 530 pages,38 Goals,263 ObjWives
• Balance oJreasons inquiry:view all the
considerations,assign sensible weights,
judge where the balance lies.
..I
i1
III
Craig Nishimoto said it is not a trivial question due to the comprehensive span of the
Comprehensive Plan. He said they want to avoid short cuts and include all items to review.
31
Slide #26
> P
I. Economic eats
Development Element A�
• 31 employees;FTE:29
• Employeeseam well abovethe 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
• EO Goals 1 2,3,4;EO Objectives 1.1.1.6;2.1,
2.6,3.1,3.2,3.3,4.2,4.4
Craig Nishimoto introduced an employee that was in the audience that has an advanced
degree. He is now a consultant and was formerly a crew leader.
Slide #27
04.
Il. Housing Element
• Tree care keeps neighborhoods attra ctive
and well-maintained
• Lower residential noise nuisances by }
enabling offsite sorting and staging A f
We educate property owners about trees r�r
and tree care i
• We promote tree equity
• H Goal 3;H Objectives 3.1,3.3
:< q0
UL
Craig Nishimoto said that to be a responsible landowner in this area, trees have to be
taken care of. He said they are trying to eliminate noises in residential areas. He said they use
the chipper because the only other option is taking the trees very far away. He said the
neighborhood pictured is around $150,000 and has an absence of trees. He said that low-income
32
communities have fewer trees because they are very expensive to care for. He said that all of the
Ash Trees have died and they have done a lot of work within the last year. He said they have
done around $18,000 of prob ono tree work and they will be doing $25,000 in free tree work in
the next year. He said that all that has to be done is a nomination.
Slide #28
16
III. Land Use Element
• The central goal is sustainable growth 1
consistent with the provision of adequate
services and facilities and a high quality of
�I
life
• Minimize land use conflicts Y 1
;1,P1-` 4 y i
LU Goals 1.2,3,4,5;tU Objectives 3-4.
3.7,4.3,5.2,5.3,
Craig Nishimoto noted all of the neighbors in the immediate vicinity of the project and said
that they did not encounter any resistance.
Slide #29
200'tall cell
tower
�} .
33
Craig Nishimoto showed the proposed location and noted that it would be very difficult to
see from the roadway.
Slide #30
IV. Natural and Cultural
Services Element
• Reduce atmospheric carbon _
• Support local sawmills { -
• increase natural ecosystem health ` � _• ?
r
• NC5 Goals 1,2,3,7;Objectives AE-2,AE•
13,AE-15,AE16,AG•1,AG-2,AG-3,AG-6 + --
Craig Nishimoto said they would like to find more creative uses for trees that have been
cut down. He said that the carbon in decomposing wood chips gets released back into the
atmosphere and is the equivalent of burning 5080 lbs. of coal. He said they would have to plant
80 seedlings and nurture them for ten years. He said they would love to have something to do
with the lumber rather than chip the trees and even giving them to a sawmill is an option. He said
the tree shown in the picture was turned into beautiful slabs by a local sawmill operator.
Slide #31
1
V. Parks and Recreation
Element
• Recreational tree climbing '
• Tree-related classes and workshops t
• Free to the public
• Collaborations with local schools
r,
• PR Goals 3,4;PR Objectives 4.2,4.3
is. -
34
Craig Nishimoto said they do a lot of recreational tree climbing and they teach people how
to climb trees. He said they give lessons free of charge. He said that there is a good turnout and
staff volunteers their time. He said that last weekend, they did art in the trees for kids. He said
that in the last year, they gave away $30,000 of free training. He said that they are going to do
summer school and teach kids about tree planting.
Slide #32
VI.Service and Community
Facilities Element
• Stormscreate emergencies typically
because trees fall and break.
• Tree emergencies typically require private -
tree companies.
• We would help the County achieve its solid
waste reduction goals
1"
SCF Goals 6,7;Objectives PS-T-3,PS-T-4, � `
SW-1,SW-2 -
r,
Craig Nishimoto said most storms become emergencies because of the ways trees fall.
He said they require private tree companies to remove them on private land. He said that they
respond to those calls and try to respond as quickly as possible.
Slide #33
VII. Transportation
Element
• Proximity to town reduces strains on the
transportation system I ...••1�. •.
And protects community character �..••:'
• And reduces wasteful emissions �, new location
• And decreases emergency response times }
• T Goals 1,2;Objective T-1.2 f� ■
i
35
Craig Nishimoto said the green area is the Rural Buffer and they are on the inside and the
clients are mostly in the grey area.
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 ofthe Treeist with the
County is not accidental.
.a
Craig Nishimoto said that in terms of the County's own goals and objectives makes sense
and aligns. He said that they are growing because of a response to a need.
Slide #35
ORANGE COUNTY-CHAPEL HILL-CARMORG
JOINT PLANNING
No incompatibility with LAND USE PLAN
the Rural Buffer
• There are three salient LU
Objectives addressing the RB:LU
2.1,LU 3.1,LU 3.3.
• None of of these are violated by
our proposed use.
• If the Comprehensive Plan
intended to preclude uses like eeend
ours,slight changes of wording ` g
would have made that clear. o M$1T10M r'Y: A•
p RURAL BUFFER t -�
• If our proposed use is in tension o VAIRMED
with these Objectives,then so are +�^•• 10
several permitted uses.
• No slippery slope is created by -
permitting our use.The RB is safe. >_
cnn Hw co.
36
Craig Nishimoto said the biggest objection is the incompatibility with the Rural Buffer and
that none of the objectives are actually violated by their proposed use.
Ashley Moncado continued the presentation and gave an overview of the public
notifications. She said that mutually agreed upon conditions can be imposed. She said that the
applicant originally submitted five conditions and there are seven.
Slide #36
Public Notification
■ Notices were mailed via first class mail to property owners within
1,000 ft. of the subject parcel on February 28,2024.
■ Signs posted the subject parcel on February 29,2024
■ Legal Ad published on March 6, 2024 and March 13,2024
■ Application information has also been posted on the Planning
Department's"Active Development"webpage.
ORANGE COUNTY
NORTH CAROLINA
Slide #37
Proposed Conditions
Per NCGS 160D-703,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 UDO, 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 orthe
petitioner may propose.
ORANGE COUNTY
NORTH CA.ROLINA
37
Slide #38
Proposed Conditions (Attachment 9)
1.Project shall be completed as presented in approved site plan/application packet.
2.Allow for a reduction of the 100'setbackfrom the southern property line for outdoor storage of wood
chips,stumps and logs,branches and similar wood by-products resulting from tree cutting operations.
Outdoor storage shall not be less than 40 feet from the southern property line.
3.Allow for Planning Director to review and approve minor changes to the approved plan,per Section
2.9.1(1)of the Orange County Unified Development Ordinance,specific to the location and arrangement
of deveIopmentwithin 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 minor changes to the approved plan,per Section
2.9.1(1)of the Orange County Unified Development Ordinance,specific to outdoor pole lights.Pole 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.
ORANGE COUNTY
NORTH CAROLINA
Slide #39
Proposed Conditions (Attachment 9)
5.Initial access to the applicant's property shall be through the current access easement held by Crown
Castle,LLC,and improved consistent with the County's road improvement terms and standards.
Orange County intends to 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 alongthe 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 Attachment A 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.
ORANGE COUNTY
NORTH CAROLINA
38
Slide #40
Proposed Conditions(Attachment 9)
7.Approval 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.Approval 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
NORTH CAROLINA
Ashley Moncado said the applicant requested to vest their site plan, per section 2.5.5 of
the Unified Development Ordinance (UDO).
Chair Bedford asked Ashley Moncado to explain what vesting means.
Ashley Moncado said that the applicant can request vesting of the site for up to five years.
She said that means that someone can purchase the property but can only do what is on the
approved site plan. She said any major modification to the site plan would have to come back to
the county for approval.
Chair Bedford asked what would expire in five years. She asked if that means they have
five years to build according to the plan.
Cy Stober said they had five years to begin building. He said the default is 18 months,
and the UDO and state law provide for the applicant to request an extension to five years. He
said if the county received a phased plan, then the default is seven years to begin construction.
He said if at the time of expiration, if no activity has commenced, it would still be conditionally
zoned, but the applicant would have to come back to the county to get reapproval.
Commissioner Fowler asked if they did not do that, would it revert to previous zoning.
Cy Stober said it would not revert. He said it would essentially be stale and have to be
refreshed. He said it would not be a plan that the Planning Department could administratively
approve. He said the applicant would have to go back through the hearing process and get
everything reapproved.
Ashley Moncado continued the presentation:
39
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 zoned
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 Oveday Locational
Criteria,identifies Rural Buffer as land designated in the Comprehensive Plan as land adjacentto
an urban or transition 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
NORTH CAROLINA
Slide #42
Zoning and Land Use Review
rnwa(:onnlX-a
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(6.pA IXII'1 m.Ybn Rrw11 AdmIM•Inibn b>yMnnklPMltk•naJrt Ile Pnr.J•bn of Ibe Jinl PYmMIr AP
(-.slxr aNuuirl n W• r.ble%Mn u.Marde
3n-lcr lr.mi�bnv • ♦
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it Ue•ebPmrM.
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xeJdeptbl ♦ ♦
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Xunl�eiRhba Arad
Xrnl l.Jn4.Wd Argrlq ♦
• IXn rMi ml An.
Orange County 2030 Comprehensive Plan,Appendix F 1
ORANGE COUNTY
NORTH CAROLINA
40
Slide #43
Zoning and Land Use Review
Unified Development Ordinance—Section 5.2 `
Table of Permitted Uses ORANGE COUNTY
NORTH CAROLINA
Slide #44
Planning Director Recommendation
The Planning Director recommends that the Board of County Commissioners:
1. Considerthe matter for 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 2),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 plans;
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 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
NORTH CAROLINA
41
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 regardingthe
access road to the property.
ORANGE COUNTY
NORTH CAROLINA
Slide #46
Recommendation
The Manager recommends the Board:
1. Conduct the 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(Attachment9).
OR
Vote to Deny the Zoning Atlas Amendments,including
statement as to why the application is not reasonable and/or not
in the public interest,as detailed in the Statement of
Inconsistency,(Attachment8).
ORANGE COUNTY
NORTH CAROLINA
Chair Bedford asked about the boiler featured in one of the pictures.
Craig Nishimoto said it was for heating.
Chair Bedford asked if the other building has sides to it.
Craig Nishimoto said it is like a shop where truck and machine repairs would take place.
Chair Bedford asked how tall or big the wood pile can get or if they care.
42
Ashley Moncado said that Planning does not regulate how tall outdoor storage can be.
She said that instead, they would refer to the fire code, which regulates the height to 20 ft. She
said there are also stormwater regulations that limit the height, as well.
Chair Bedford asked if they plan to leave the corner where the stream is.
Craig Nishimoto said there is a 65 ft. buffer and no one will be touching that area.
Chair Bedford said the only fencing she sees is near the woodpile.
Craig Nishimoto said he does not want a fence, but it is a requirement.
Ashley Moncado said the fence is required in the UDO to provide a fence. She said it is
also required by the fire code. She said there was no discussion for a fence on the northern end.
Chair Bedford asked if no owner would be allowed to put the fence closer than 65 feet.
Ashley Moncado said there is no fence noted on the plan.
Chair Bedford said it seems proactive to take wood waste to be used in place of coal. She
asked if there is a restriction that says you cannot process wood on the acreage.
Ashley Moncado said they cannot in the rural buffer. She said there is no grinding or
processing. She said that if that occurs, it would be a major modification and the intensity of use
would be examined. She said it would be brought back to the Planning Board and the Board of
Commissioners.
Commissioner Fowler said she thought they would be wood chipping on the site.
Craig Nishimoto said that was not part of their plan. He said it will be used as a sorting
and staging area.
Commissioner Fowler asked if they would still be chipping at people's houses.
Craig Nishimoto said currently, chipping is the only option, and it would be nice not to do
that, but it is their only option.
PUBLIC COMMENTS:
Susan Walser said she had reviewed the documentation and thought the presentation was
great. She said that she thinks the business is a great business. She said her concern is the
Rural Buffer and conditional zoning. She said this would make it easy for anyone to request
conditional zoning in the Rural Buffer and create a patchwork. She said that approving this
request would be the first time they have pierced the Rural Buffer. She said that if this changes
owners, it could change to conventional zoning, such as industrial, light industrial, or even fast
food. She said the community could begin seeing a patchwork of uses throughout the Rural Buffer.
She said this is setting a dangerous precedent.
Mary McTigue said she has used Treeist before and is supportive of the business. She
said her concern is about the changes in the Rural Buffer. She said she read 175 pages of what
was in the agenda and still does not understand it. She said she did not see a robust discussion
of the impact on the Rural Buffer and the changing of boundaries. She said they were simple
questions and simple answers. She said the best discussion has come from the applicant and
their proposal. She said she went to the Joint Planning Agreement, where the last ten pages
discussed the amendment process for making changes in the Rural Buffer. She said in the future
she would hope to see a more robust discussion of impacts. She said she supports the business
and hopes that the Board approves the request.
A motion was made by Vice-Chair Greene, seconded by Commissioner McKee, to close
the public hearing.
VOTE: UNANIMOUS
Vice-Chair Greene said she was on the Chapel Hill Town Council when the agricultural
support zoning districts were created. She said this is not going to amend the boundary of the
Rural Buffer. She said that there are businesses that are allowed in the Rural Buffer already. She
43
said that this use is in line with supporting the Rural Buffer. She said this keeps a local business
local and out of people's backyards. She said she thinks it is an appropriate use.
Commissioner Fowler said this was not changing the Rural Buffer and it is an appropriate
use. She said that she had been concerned about the access road, but they came to an
agreement with the county for what happens afterwards. She said she was in favor of the
application.
Commissioner Richards said it does not say they cannot develop in the Rural Buffer and
that there are very specific things that can be done in the Rural Buffer. She said this does not
change the boundaries, and the amendment is clear of what can and cannot be done.
Commissioner McKee said this type of application from a small business is something that
the Board has been open about supporting. He said it does not change the Rural Buffer. He said
the Rural Buffer was not unanimously popular with the farming community. He said that this does
not infringe on property rights. He said this came out of the Planning Board with unanimous
support. He said the chippers that are used in grinding operations are the size of tractor and
trailer trucks. He said that is not what will be here. He said the applicant will be collecting,
combining, and shipping out. He said they should be open to operations that align with the intent
of the Rural Buffer.
Commissioner Hamilton said she is familiar with the Treeist company's work. She said
that she agrees with her colleagues, and it aligns with the intent of the Rural Buffer. She said she
is not concerned that they will end up with fast food in this area. She said that one of the unique
things about Orange County are all of the trees and supporting them is vital.
Commissioner Portie-Ascott said she was supportive of the proposal. She said she was
happy to hear that it would not create noise issues for neighbors. She said she is happy about
the jobs the business is providing to the community. She said that she is happy that it is consistent
with the intentions of the Rural Buffer.
Chair Bedford said they did receive comments from the Town of Chapel Hill. She said she
is happy if they do their recreational training on their property and not the county's. She said the
Town of Carrboro did not reply and there is no further need to consult with another entity at this
point. She said she listened to the link with the noise test and there could not be a better location
for this operation. She said that if the water is not drinkable, bottled can be done for the personnel.
She said that is manageable. She said it should not be a problem to do septic on site. She said
she was pleased to put the 10 acres to good quality work.
Vice-Chair Greene said one part of confusion is that they are changing the zoning from
Rural Buffer to something else. She said that the Planning Director explained that there is the
Rural Buffer, then there is the Rural Buffer Zone. She said that the zone will be changed but the
Rural Buffer itself stays unchanged and intact.
A motion was made by Vice-Chair Greene, seconded by Commissioner McKee, to
approve the Statement of Consistency and Zoning Atlas Amendments.
VOTE: UNANIMOUS
6. Regular Agenda
None.
7. Reports
None.
44
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the Consent Agenda
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
approve the consent agenda, with the exception of 8-i, which was removed by the Board at the
beginning of the meeting.
VOTE: UNANIMOUS
a. Minutes
The Board approved the draft minutes for the February 6, 2024 and February 15, 2024 BOCC
Meetings as submitted by the Clerk to the Board.
b. Fiscal Year 2023-24 Budget Amendment #7
The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year
2023-24.
c. World Water Day Proclamation
The Board will consider approving a proclamation designating March 22, 2024 as World Water
Day in Orange County.
d. Resolution Retiring Canine Callie and Approval of Transfer to K9 Handler
The Board adopted and authorized the Chair to sign a Resolution retiring canine Callie and
transferring her to K9 Lieutenant David Funk.
e. Resolution to Allow for a 25' Right of Way for Type B Private Road "Roy Cooper Lane"
The Board will consider adopting a resolution approving a 25-foot Right of Way (ROW) to serve
the private road needs for Roy Cooper Lane, an existing private road that will provide access to
five (5) lots.
f. Renewal of the Lease for the Dickson House
The Board adopted a resolution approving an amendment for a lease renewal with The Alliance
for Historic Hillsborough, Inc. for the Dickson House, and authorized the Chair to sign the lease
upon final review of the County Attorney.
g. Approval to Purchase One D6Track Type Tractor for Solid Waste
The Board approved the purchase of one Caterpillar D6 Track Type Tractor for Solid Waste to
replace the current loader that has exceeded its useful life.
h. Contract for Solid Waste Drainage Repairs
The Board approved and authorized the County Manager to sign a contract with Moffat Pipe, Inc.
to address drainage issues at 1) the Walnut Grove Waste and Recycling Center and 2) the
recycling material loading area on the Orange County Solid Waste Landfill/Disposal site on
Eubanks Road.
i. Appointment of the Orange County Housing Director to the Central Piedmont
Community Action, Inc. Board of Directors
This item was removed by the Board at the beginning of the meeting.
j. Boards and Commissions —Appointments
The Board approved Boards and Commissions appointments as reviewed and discussed during
the March 12, 2024 Board Work Session.
45
9. County Manager's Report
Bonnie Hammersley reviewed the agenda for the upcoming legislative breakfast.
Protected March 21, 2024 Legislative Breakfast Items
2024 Priority Legislative Issues
Upper Neuse River Basin Association Consensus Principles II for Falls Lake Rules
UNC Co-generation Plant
10. County Attorney's Report
John Roberts said that there has been one bill filed so far for the upcoming legislative
session. He said it was filed by Wake County and it would authorize the NC State Board of
Elections to examine and make decisions on the suitability and qualifications of presidential
candidates. He said that he does not anticipate the bill moving forward.
11. *Appointments
None.
12. Information Items
• March 7, 2024 BOCC Meeting Follow-up Actions List
• Memorandum - Upcoming Unified Development Ordinance Amendments
13. Closed Session
None.
Adjournment
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to adjourn
the meeting at 9:37 p.m.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Recorded by Laura Jensen, Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board