HomeMy WebLinkAboutMinutes 06-04-2024 - Business Meeting 1
APPROVED 9/17/24
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
June 4, 2024
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, June 4,
2024, at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene and
Commissioners Amy Fowler, Jean Hamilton, Earl McKee (arrived at 7:02 p.m.), 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.
Chair Bedford said that a proclamation would be read in honor of Bonnie Hammersley's
upcoming retirement.
Commissioner McKee arrived at 7:02 p.m.
The commissioners read the following proclamation in turn:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION RECOGNIZING AND EXPRESSING GRATITUDE TO
BONNIE HAMMERSLEY,
RETIRING ORANGE COUNTY MANAGER
WHEREAS, Bonnie Hammersley, after 10 years of dedicated service to the Orange County
community, is retiring July 17, 2024; and
WHEREAS, prior to joining Orange County in 2014, Ms. Hammersley served as County
Administrator for Muskegon County, Michigan for 5 years, and in several positions in Dane
County, Wisconsin for over 21 years; and
WHEREAS, during Ms. Hammersley's tenure, the county opened the Rogers Road Community
Center; the Orange County Northern Campus, home to the Bonnie B. Davis Environment and
Agricultural Center, a new parks operations base, and a new county detention center; the Eno
Arts Mill; and Blackwood Farm Park; and
WHEREAS, Ms. Hammersley led the county through two revaluations, the development of a long-
range financial plan, the transition of mental health/SUD/IDD services to Alliance, an exemplary
response to the COVID-19 pandemic, and the administration of American Rescue Plan Act
funding; and
2
WHEREAS, Ms. Hammersley has throughout her tenure thoughtfully executed the county's
funding responsibility to its two school districts with county per pupil funding consistently in the
top four in the state, funding a nurse in every school and a school resource officer in every
secondary school, overseeing a $120 million school bond passed in 2016, and adding over $72
million capital funding, leading to an independent study of school facilities; and
WHEREAS, Ms. Hammersley has taken leadership regarding the county's role in the creation of
affordable housing, from managing a $5 million housing bond passed in 2016 to allocating $15
million of capital funding to housing over 10 years, to giving personal direction to the Housing
department in a time of administrative transition; and
WHEREAS, Ms. Hammersley has been a key part of the county's economic development
program, which generated over 1,700 new jobs and $545 million in investment from new and
expanding industries, and awarded over $3 million in grants to local farms and small business
operators, while also advocating for environmental conservation, farmland preservation, and
protection of headwaters; and
WHEREAS, under Ms. Hammersley's guidance, the county developed the One Orange
Countywide Racial Equity Framework with the Towns of Carrboro, Chapel Hill, and Hillsborough,
which is designed to uncover and address implicit biases in our jurisdictions to ensure that race
is no longer a predictor of life outcomes in our community; and
WHEREAS, Ms. Hammersley has been involved in many other notable county projects, such as
the development of the local housing voucher program; the formation of the Criminal Justice
Resource, Community Relations, and Transportation Services departments; the county-wide
broadband installation project; the establishment of Durham Tech Promise Scholarships with
Durham Technical Community College; the creation of the county's first Climate Action Plan; and
the planning and groundbreaking for the Southern Branch Library; and
WHEREAS, Ms. Hammersley elevated the organization by encouraging a positive workplace
culture and demonstrated a commitment to residents, staff, county partners, and the Board of
County Commissioners; and
WHEREAS, Ms. Hammersley's leadership on behalf of Orange County and the region has been
critical in extraordinary times; and
WHEREAS, Ms. Hammersley's integrity, vision, knowledge, collaborative spirit, and compassion
will be sorely missed;
NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby recognize and
express deep appreciation and respect for the services rendered by Bonnie Hammersley to the
Orange County community, and wish her well in her retirement.
This the 4th day of June, 2024.
Jamezetta Bedford, Chair Earl McKee, Commissioner
Amy Fowler, Commissioner Anna Richards, Commissioner
3
Sally Greene, Vice-Chair
Phyllis Portie-Ascott, Commissioner
Jean Hamilton, Commissioner
1
2 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
3 approve a proclamation recognizing and thanking Bonnie Hammersley for her service to Orange
4 County.
5
6 VOTE: UNANIMOUS
7
8 Several former commissioners were also in attendance at the meeting, and they
9 participated in a group photograph with the current Board and County Manager Bonnie
10 Hammersley.
11 Bonnie Hammersley thanked the Board for their support and for the proclamation.
12
13 1. Additions or Changes to the Agenda
14 Chair Bedford read the public charge:
15
16 The Board of Commissioners pledges its respect to all present. The Board asks those attending
17 this meeting to conduct themselves in a respectful, courteous manner toward each other, county
18 staff and the commissioners. At any time should a member of the Board or the public fail to
19 observe this charge, the Chair will take steps to restore order and decorum. Should it become
20 impossible to restore order and continue the meeting, the Chair will recess the meeting until such
21 time that a genuine commitment to this public charge is observed. The BOCC asks that all
22 electronic devices such as cell phones, pagers, and computers should please be turned off or set
23 to silent/vibrate. Please be kind to everyone.
24
25 2. Public Comments (Limited to One Hour)
26 a. Matters not on the Printed Agenda
27 Chair Bedford reminded those in attendance of the procedures for making public
28 comments.
29 Benny Cecil said he is the Gov Deals contractor for Orange County. He asked for
30 clarification on which department is currently overseeing Gov Deals. He said he gets about 10%
31 of sales for the county. He said that he has not been getting titles for reselling county vehicles.
32 He said he would like to know what is happening with Gov Deals, and he said that if the county
33 takes it in-house it will result in a lot of extra work for employees.
34 Soteria Shepperson said she is a co-founder of Grow Your World. She thanked the Board
35 for their support of the organization's opioid awareness exhibit. She said it will also be exhibited
36 in Carrboro. She said recently a teen administered Narcan to someone experiencing an overdose
37 and saved that person's life. She said they received a grant of $2,500 from the outside agency
38 funding program, but that they need more to meet the needs in the community.
39 Sophie Suberman of Grow Your World encouraged the Board and community to continue
40 to grow and work together to solve problems and be creative when facing challenges.
41
42 b. Matters on the Printed Agenda
43 (These matters will be considered when the Board addresses that item on the agenda below.)
44
45
4
1 3. Announcements, Petitions and Comments by Board Members
2 Commissioner Richards said the ABC Board and Partnership for Young Children Boards
3 discussed budget decisions and that process is underway for funding. She said that some growth
4 in ABC revenues has slowed down, so they are having some issues supporting organizations in
5 the community. She noted that it was Pride Month and would be celebrated across Orange
6 County.
7 Commissioner Portie-Ascott wished everyone a happy Pride month. She said that she
8 attended the Research Triangle Regional Partnership Board of Directors meeting. She said the
9 goal of that group is to market the Triangle to national and international organizations. She said
10 that all those efforts are focused on ag-tech and strengthening food technology. She said that the
11 Research Triangle said it is establishing itself as a leader in the ag-tech industry. She said they
12 will focus on life sciences and bio-manufacturing. She said she attended the Orange County
13 Advisory Council meeting and met Alex Kissinger, the new area extension agent for livestock and
14 she also met two new summer interns.
15 Commissioner McKee said he participated in the hiring of Bonnie Hammersley and that
16 from the moment she was hired, she earned the trust of the Board. He said that he vividly
17 remembered that process and that one applicant rose to the top immediately, and that was her.
18 He thanked Bonnie Hammersley for the trust and how well she handled herself during that
19 process.
20 Chair Bedford said there is a public design workshop for the Greene Tract at Morris Grove
21 on Friday from 9-5. She said that on Friday, June 14 the county will celebrate Juneteenth with
22 several events throughout the day. She petitioned the Board to align funding of outside agencies
23 with the county's strategic and comprehensive plans. She said that she hopes this could happen
24 during the fall. She said it is flexible and she is open to all ideas on how to approach this.
25 Vice-Chair Greene said several members of the Board attended an event at the Weaver
26 Community Apartments. She said they are the recipients of a grant from Urban Sustainability
27 Solutions, and they came to help with better stormwater management. She said that the grant is
28 from the Federal Clean Water Act. She said they received $69,000 from the community climate
29 action grant fund. She said they will create an afterschool internship for high schoolers to create
30 and build cisterns.
31 Commissioner Hamilton thanked the residents and stakeholders have come to speak to
32 them about the budget and the bond. She said that this is an exercise in democracy that is very
33 important. She said her approach to the budget is informed by her background. She said that she
34 has a Ph.D. in Economics and taught economics for a few years. She said she is a social worker
35 specializing in aging and has a master's in social work. She said she is concerned about the
36 pressure of raising taxes to provide the services. She said she is optimistic about revenues, but
37 they do not know for certain. She said they have a sense of their expenditures. She said that
38 when she looks at the budget, she is trying to look ahead and think of ways to limit tax increases
39 but also meet the needs of the community. She said some of the priorities for her is protecting the
40 most vulnerable. She said there are residents at the edge. She said she also looks at things that
41 have an impact on the most residents. She said it is important to support employees. She said
42 that in this environment, you must pay to be competitive. She said that she was also looking at
43 investments that provide a long-term benefit. She said it is in the spirit of thinking differently, her
44 amendments were submitted. She said that they must look across departments. She said that
45 investing the children, is investing in all of them, including seniors. She said that the bond will do
46 that. She said that she will be a retiree and looks at the fact that the children today are the best
47 educated they can be so they can be ready for the global economy and the seniors. She said she
48 is passionate about making those investments and the bond specifically is a process. She said
49 they have focused on issues around the need with the workgroup, the commissioners have
50 focused on the funding, the school boards have focused on the plan and the thing that is important
51 to her is that the consultant's principals are key so they can get a benefit now and for the future.
5
1 Commissioner Fowler said that since the last meeting she attended the DCHC-CAMPO
2 meeting along with Chair Bedford. She said they revealed models for highway travel and flexibility.
3 She said she attended the Weaver Community open and saw the stormwater improvements and
4 was excited about the synergy of community improvement. She said that she attended Chapel
5 Hill Pride Promenade. She said she attended the Climate Council and had the opportunity to meet
6 sustainability staff from the municipalities. She said that it was a productive meeting. She thanked
7 those in attendance who wanted to speak about the needs of the schools and those that had sent
8 their concerns via email. She said that the schools need updates. She said that the school
9 systems will be responsible for programming. She said CHCCS has a board meeting on Thursday
10 night, and they will discuss more specifics about the plans. She thanked Bonnie for her leadership
11 and wished her the best in her upcoming endeavors.
12
13 4. Proclamations/ Resolutions/ Special Presentations
14 None.
15
16 5. Public Hearings
17 a. Public Hearing on a Proposed Bond Order Authorizing $300 Million in County General
18 Obligation School Bonds, Subject to Voter Approval
19 The Board conducted a public hearing on a proposed Bond order authorizing $300 Million in
20 County General Obligation School Bonds, subject to subsequent Board approval and voter
21 approval.
22
23 BACKGROUND: Since the presentation of the Woolpert School Facility Study in December
24 2023, the Board has considered at several meetings plans to respond to the funding needs
25 described in the study and how to balance school capital needs, other County capital needs and
26 the resources available.
27
28 At the January 19, 2024 Board Retreat, the Board made the determination to start the bond
29 authorization process based on a referendum amount of$300 million in County general obligation
30 school bonds for both school districts.
31
32 Based on revisions as noted in the Manager's Recommended FY 2024-34 Capital Investment
33 Plan (CIP), the County's assumptions for repaying the $300 million in proposed County general
34 obligation school bonds and related interest are estimated to have a tax rate equivalent impact of
35 3.41 cents per$100 of valuation, with all that increase scheduled for the County's 2025-26 Fiscal
36 Year.
37
38 At its April 2, 2024 Business meeting, the Board adopted a preliminary resolution stating its intent
39 to apply to the North Carolina Local Government Commission (LGC) for the LGC's approval of
40 the bonds (the LGC is a division of the State Treasurer's office that must approve substantially all
41 local government borrowing). The County has published a notice of this intent as required by law,
42 and the LGC has accepted the County's application. At its May 7, 2024 Business meeting, the
43 Board introduced the Bond Order (similar to the required first reading that is sometimes required
44 for an ordinance) and called for tonight's public hearing. The Notice of the Public Hearing was
45 published on May 22, 2024, in both The Herald Sun and the News of Orange County newspapers
46 as required by law and consistent with the County's usual procedures.
47
48 Following the public hearing, the Board will be asked to take final action to adopt the Bond Order
49 at the Board's June 18, 2024 Business meeting. The Board will also then be asked to consider a
50 required resolution to set formally the details of the referendum.
51
6
1 In any event, the Board must complete its formal authorization process before the summer break
2 to allow the County Board of Elections adequate time for ballot printing and other organizational
3 matters for the referendum. At this point, the Board can reduce the bond amount, but the Board
4 cannot increase the amount unless the process re-started.
5
6 SECURITY FOR BOND REPAYMENT: A general obligation bond, as proposed, is not secured by
7 any physical collateral. Instead, the County promises to levy property taxes in whatever amount
8 is necessary to provide for repaying the bonds, including the interest on the money borrowed
9 through the bonds.
10
11 Gary Donaldson, Chief Financial Officer, made the following presentation:
12
13 Slide #1
ORANGE COUNTY
NORTH CAROLINA
General Obligation School Bonds
Public Hearing
Board of County Commissioners Business Meeting
June 4, 2024
14
15
16 Slide #2
Background
• School Capital Needs Taskforce recommended School Facility Study to prioritize
both School District facilities with Facility Conditions Index as a key measure.
• At the Board of Commissioners Retreat on January 19,2024,the County approved
moving forward with a funding plan for County and School Facility Needs.Funding
for this plan includes:
A$300 million General Obligation School Bond Referendum and additional Pay-
Go School Funding of$100 million.
Projects Based Approach identified as basis for fund allocation between both
districts.
• New State Law requires GO Bond Ballot to include Total Debt Service(Principal
and Interest)and GO Bond Tax Rate. Prior Bond Ballots had included the Principal
amount.
• Local Government Commission has reviewed the County Plan of Finance and Debt
Policies with Staff,Financial Advisors and Bond Counsel to ensure compliance with
the new State Law.
• Four separate Board Actions required from April 2 through June 18,2024.
ORANGE COUNTY
NORTH CAROLINA
17
1 Slide #3
Total Tax-Supported Debt to Assessed Value
and Debt Service to General Fund Revenues
Tax Rate Breakdown of Capital
Improvement Plan
DS to GF Tax Rate
Year Debt to AV Base CIP:
Revenues Equivalent 2790
2024 1.64% 13.6036
2025 1.66% 13,09% _ School
Pay-Go:
2026 1.21% 12.83% 8.883 2.680
2027 1.44% 14.18% -
2028 1.54% 14.5936 School
2029 1.77% 16.79% GO Bonds:
3.410
2030 1.58% 18.34%
2031 1.51% 19.67%
2032 1.67% 19.01%
2033 1.55% 19.32%
2034 1.34% 19.89%
2035 1.21% 18.89% -
Total Impact 8.881
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #4
Annual Debt Service Payments on Existing Debt
540,000,000
535,000,000
530,00D,000
525,000,000
520,000,000
515,000,000
510,000,000
55,000,D00
S
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
■COunty Annual Debt Service ■Schools Annual Debt Service ■Durham Tech Annual Debt Service
ORANGE COUNTY
NORTH CAROLINA
5
6
7
8
1 Slide#5
Annual Debt Service Payments on Existing and Proposed CIP Debt
$90,000,000
$80,000,000
$70,000,000
$60,000,000
$50,000,000 —
$40,000,000
$30,000,000
$20,000,000
$10,000,000
5-
�T Q c0 O N �0 00 O N G to 00 O N C
N N N M M M M M 0 0 0 0 V O O O O O O O O O O O O O 0 0 0
N N N N N N N N N N N N N N N N
■Existing Debt Service ■Proposed CIP Debt Service in Proposed School GO Bond Debt Service
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #6
Additional School Funding
FY GO Bonds Add'I School Pay Go Total
2024 -
2025 - -
2026 - 10,000,000 10,000,000
2027 100,000,000 10,000,000 110,000,000
2028 - 10,000,000 10,000,000
2029 100,000,000 10,000,000 110,000,000
2030 - 10,000,000 10,000,000
2031 - 10,000,000 10,000,000
2032 100,000,000 10,000,000 110,000,000
2033 - 10,000,000 10,000,000
2034 10,000,000 10,000,000
2035 - 10,000,000 10,000,000
Total 300,000,000 100,000,000 400,000,000
ORANGE COUNTY
NORTH CAROLINA
5
6
7
8
9
1 Slide #7
General Obligation Bond
North Carolina General Obligation Financing Key Provisions
General Obligation Bonds
Voter Approval Required;exception for Refunding and Two-Third Bonds
- Security Pledge-Full faith,credit/taxing power of the County
Maturity Term-20 years statute permits 40 years
Senior position and takes priority to all other County Limited Obligation Bonds and Installment Notes.
Source of repayment-Property Tax
Finances;Buildings,School Facilities and Renovations with long useful life
- Ratings-Aaa/AAAIAAA by Moody's,Standard&Poor's and Fitch Ratings
LGC approval required
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #8
AAA GO Bond Ratings from the Three Nationally Recognized Rating Agencies
■ Orange County has maintained AAA ratings from Fitch, Moody's and
Standard & Poor's the past ten years.
■ One of few counties with this distinction nation-wide.
■ AAA rating designation allows for lowest possible borrowing rates.
■ Prior three rating agencies'analyses have cited;
❖ Stable tax and economic base.
❖ Strong financial performance and financial policies.
❖ Regular monitoring of budget versus actuals with quarterly financial
reporting to the Board.
❖ Long-term financial modeling and proactive operating and debt
management strategies.
ORANGE COUNTY
NORTH CAROLINA
5
6
7
10
1 Slide #9
GO Bond and CIP Total Tax Rates
Home 3.41 GO Bond Tax Rate Per 8.88 CIP Total Tax Rate Per
Value $100 Assessed Value I 1 Assessed Value
aw dMIL
$100,000 $34.10 $88.80
$200,000 $68.20 $177.60
$300,000 $102.30 $266,40
$400,000 $136.40 $355.20
$500,000 $170.50 $444.00
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #10
Bond Referendum Key Dates
Tentative GO Bond Plan Ienuary 19
'2024 Board Bement
(Not to Emeed Arneunt)
Sta#and Cinonninn Team Meats with Loral February 13,202
GGVBFnmont f nmmimi n Plan of
F-nange
Preliminary Resolution-Intent to D.neood An April 2 2024 Bnoin000 nnoo+inn
cams{Reading_ Authorizing the Bend Orde May 7 2024 Bus ness Meetn
and Call for Publie Hew
ing
Hold Public Hearing June 4,2024, Business Meeting
Second Reading-Take Final Action on June 18,2024, Business Meeting
Bond Order
Bond Education Committee Summer-Autumn 2024 Y
5 Bond Referendum November 5,2024
6
7
11
1 Slide #11
2024 SAMPLE BALLOT
Orange County School Bonds
(For Orange County Schools and Chanel Hill-Carrboro City Schools)
Additional property taxes may be levied on property located in Orange County
in an amount sufficient to pay the principal of and interest on bonds if
approved by the following ballot question.
Shall the order authorizing$300,000,000 bonds plus interest to pay capital
costs of providing school facilities and paying related costs and providing that
additional taxes may be levied in an amount sufficient to pay the principal of
and interest on the bonds,as adopted by the County's Board of
Commissioners on June 18,2024,be approved,in light of the following:
(1)The estimated cumulative cost over the life of the bond,using the highest
interest rate charged for similar debt over the last 20 years,would be
$480,360,000.
(2)The estimated amount of property tax liability increase for each one
hundred thousand dollars($100,000)of property tax value to service the
cumulative cost over the life of the bond provided above would be$34.10 per
year.
YES NO
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #12
2016 BALLOT
Orange County School Bonds
Shall the order authorizing Orange County general obligation
bonds in the maximum amount of$120,000,000 plus interest to
pay capital costs of providing school facilities and paying
related costs, and providing that additional taxes may be levied
in an amount sufficient to pay the principal of and interest on
the bonds, as adopted by the County's Board of
Commissioners on May 5, 2016, be approved? [] YES
[] NO
ORANGE COUNTY
NORTH CAROLINA
5
6 Vice-Chair Greene asked if it is true that they can phase in a tax rate increase.
7 Gary Donaldson said yes.
8 Vice-Chair Greene said they could phase it in based on how much they need at a given
9 time.
10 Gary Donaldson said yes.
12
1 Chair Bedford said it is the best estimate at this time and the law requires the highest
2 interest rate in the last 20 years so this is the best estimate for now.
3
4 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
5 open the public hearing.
6
7 VOTE: UNANIMOUS
8
9 PUBLIC COMMENTS:
10 Leah Milks said she is with the McDougle School PTA. She said that they are not there
11 to speak out against the bond, but they would like to see changes to the plan so they can get the
12 community on board with that. She said they worry that the proposal is fiscally irresponsible
13 because it is not an efficient or effective use of funds because it focuses only on facilities. She
14 said it does not take into consideration the student or town population growth. She said it does
15 not consider the impact on teachers, students, transportation costs or logistics. She said that by
16 focusing on rebuilding schools, they disregard the value of investments and interrupt students.
17 She said the school requires an auditorium rather than a complete rebuild. She said that would
18 leave room to update the school with an auditorium and could build a dual language school
19 elsewhere. She said that there is no capacity to relocate McDougle. She said this offers no
20 assurance of the school reaching capacity in the future and maintaining unused classrooms on
21 the middle school side of campus would be a waste of taxpayer funds. She asked them not to
22 ignore the data. She said that Woolpert's plan for Culbreth ignores the building upgrades and
23 renovations that is unreasonable for this type of funding. She said that due to these limitations in
24 the plan, she asked that they seek more information prior to voting on the plan.
25 Karin Crozier, also representing the PTA, discussed equity and equal access to education.
26 She said the school district has a racial equity decision making process that involves many
27 partners. She said it is even used when developing a book fair, but it appears that the process
28 was not used when developing the capital outlay plan. She said that the consulting firm was paid
29 to assess buildings and facilities, but they do not see evidence that the same care and
30 expenditures went into the process to understanding the impact on the black, Latino, and non-
31 white families. She said that the proposal combines the Spanish dual language program and that
32 would mean that some students will face an unreasonably long commute to school. She said that
33 this would create the biggest elementary school in the district and potentially create many
34 negative consequences. She said that some families may choose a district school over a large
35 school across town, and this would mean that many Hispanic families would face unintentional
36 segregation. She said that this plan has many kids moving from school to school in a few years
37 and this would potentially create an ever-changing atmosphere of peers, teachers, and staff. She
38 said that they know the importance of community, stability, and positive relationships for all kids.
39 She said that the towns of Chapel Hill and Carrboro show a strong commitment to closing the
40 equity gap. She said that she understands that the commissioners are not in charge of districting,
41 but she said they all have a responsibility to make sure that the children are cared for.
42 Heather Kennealy, also representing the PTA, said they also represent people in the
43 community and teachers. She said that they submitted a letter that summarizes their concerns,
44 and her part is transportation. She said that the plan from CHCCS decimates the two largest walk
45 zones. She said that there will be increased buses and the need for bus drivers. She said you
46 must think of this as a shell game when you move students around. She said it will be detrimental
47 to the climate. She said it contradicts district policies on walk zones. She said that it will increase
48 kids'times on buses and decrease their time families. She said the Board of Commissioners can
49 require a change of the school board because they have the funds. She said that there should
50 be financial projections with the increased cost, increased climate erosion, negative impacts to
51 the most vulnerable, and proper evaluation of town investment in walk zones.
13
1 Heather Thompson said that the Board holds the money and has the leverage to require
2 the school board to produce an alternative plan that solicits community input. She said that the
3 plan should also correspond with the towns and meet the goals of the community. She said that
4 a lot of work needs to be done on the plan, and it is not ready. She said that she is unsure that
5 the proposed committee will be asking for input. She said they want the bond and the betterment
6 of the schools but there are better options out there. She suggested that dual language students
7 at Frank Porter Graham be moved to the Lincoln Center campus since that office space is already
8 leased. She said that they should move adults, not children.
9 Katie Rankin said her child went to McDougle Elementary and had a good experience.
10 She said that her son started kindergarten in the pandemic, and it was so obvious that they had
11 joined a special community. She said they met new friends and volunteered as a family. She said
12 now they have two kids at McDOugle. She said her family is very active in the McDougle
13 community and looks forward to the school events. She said that the reason they are part of the
14 community is because of the proximity of the school near her home. She said she is an hourly
15 worker and if she is not at work, she is not earning money. She said the only reason she has been
16 able to be such a part is because of the location. She said that she worries about how the breakup
17 of McDougle and Estes Hills will affect the community and families that are already struggling to
18 be involved. She said she wants all children to learn in a safe building, but the school is more than
19 the sum of its buildings. She said staff will not stick around to find out if they are redundant in the
20 plan. She said kids need teachers that care for them. She said that she does not think the
21 disruption is necessary. She said she knows there is money needed but she cannot support this
22 bond as it is presented.
23 Samantha Corney said they love their teachers. She said that she loves a good ROI, and
24 she is unclear about the return. She said that schools are not just buckets for widgets and long-
25 term goals need to be thought of. She said they need to be thinking about what students need
26 years from now. She asked the Board to please protect their communities.
27 Alice Gordon left written comments with the Clerk to the Board.
28 Daniel Head said his children attend Estes Hills he said he plans to vote no on the
29 proposed bond referendum even though they recognize the need to support the school systems.
30 He said it is not ready in the form it is in. He said he has concerns about environmental
31 sustainability, and it is vital to maintain school walk zones that have been established. He said
32 tearing down the schools that children walk to and busing them across town does not make sense
33 when compared to the climate protection policies. He said the plan lacked input from community
34 members. He asked the Board to pause the process and get further input.
35 William McCall said his family moved to Chapel Hill in 2020 based solely on the strength
36 of the public school system. He said they now have two children and the things that brought them
37 there are going away. He said that the plan calls for his local school, Estes Hills, to be taken
38 offline. He said that the timeline is too vague, and it could be between two or ten years. He said
39 the neighborhoods are built on these schools and Estes Road was rebuilt to be able to handle the
40 traffic. He said that the town improved the walkability of Estes Drive, and many children walk to
41 school. He said that the current low enrollment at Estes Hills is an asset and ability to hedge
42 against future growth. He said that they would be better served for high capacity rather than less.
43 He said that the bond referendum is a raw deal for his family. He said that they get higher taxes
44 and the loss of their school.
45 Aron Woolman said that strong community ties bring those at the edges of the community
46 in and the plan that is place right now destroys community ties. He said there will be massive
47 effects to those most vulnerable. He asked the commissioners to hold the CHCCS Board of
48 Education accountable until they can fully understand the effects that the plan will have on various
49 aspects of the community. He said that destroying walk zones will make the neighborhoods less
50 desirable, lower home values, and there is already a war on public education and if this passes,
51 it makes the voucher option very desirable to his family because it might cause less disruption for
14
1 his family. He said that the plan will likely increase traffic in the community,which will cause safety
2 issues. He said that the plan will increase cyclist and vehicle traffic accidents on Old 86. He said
3 it would add 2000 more cars in Hillsborough and he said a cyclist will be killed and children may
4 potentially be hit due to the increased traffic. He said if they must delay the bond for two years to
5 have 50 years of excellence, then please do so.
6 Carl King said he is a parent at Estes Hills. He said he appreciates the balance the Board
7 must take with the state starving the education budget and the county being placed in a position
8 with funds for the school system but no jurisdiction to make decisions for education. He said the
9 plans have changed over the last two weeks. He said the first plan was to rebuild Estes Hills. He
10 said the second plan is now to just close Estes Hills. He said that he knows the plan is in flux. He
11 asked the Board to work with the CHCCS district to align with the Town of Chapel Hill's Complete
12 Communities Plan. He said that there will be 400 units built in Arora and the other direction on
13 Estes Drive, there will be 300 more. He said they are now looking at taking away that school. He
14 said that they have had disruption with Estes Drive work, and they are grateful for that because
15 they tried for years to get sidewalks.
16 Felice Reddy said she is a parent at Estes Hills. She said that she is also a PTA member.
17 She said in her research, she looked into California schools and it has been shown that closures
18 exacerbate inequities. She said when schools are closed, it leads to disengagement in the
19 neighborhoods and then there are fewer homes purchased in the area. She said that enrollment
20 will go up, and there should be a school maintained or coming in the future. She said that also in
21 her research, she found best practices for school closures. She said they can provide ample
22 opportunities for engagement before, during, and after the closures. She said they should also
23 identify and share values for closures. She said that she agrees with Carl King's comments
24 regarding Chapel Hill's Complete Communities Plan.
25 Ryan Oakes said that his family lives close to McDougle and moved to their neighborhood
26 because it was in a school walk zone. He said that hiring bus drivers is very difficult right now,
27 and he doesn't understand how the district will find enough people to bus 2000 more children. He
28 expressed concerns about how the construction plans are proposed. He said there are thousands
29 of residents that will be misplaced and forced to commute to school. He said that he works in
30 transportation and that his biggest struggle is hiring enough CDL drivers. He said that major
31 renovation projects and concurrent school activities are not mutually exclusive. He said that this
32 company helped the Town of Holly Springs and all of this was done while children were in school
33 He said it is not necessary to tear a building down to fix the HVAC. He said that the commissioners
34 should ask the CHCCS Board of Education for the long-term financial viability and impacts of this
35 plan.
36 Anna Jefferson said she is a parent of a McDougle Elementary student. She said the
37 consultants operated within their scope of work, but that the plan was not a holistic assessment.
38 She said there is a misalignment between the investments that have been made in infrastructure
39 and climate action commitments. She said that there is a bus driver shortage, and it almost
40 upended the school system only one year ago. She said that there is equity and mental health
41 impacts for students. She said that they have not talked about walking and biking to school and
42 the impact that has on a child's development. She said that there was an article in the Washington
43 Post about why kids do not bike to school. She said that school districts relocated their schools
44 on the edges of communities in the 1970s. She said that it is a concern now. She said that she
45 wants to help support the schools but cannot get to "yes" unless there is a different plan. She
46 asked the commissioners to hold the purse strings until there has been meaningful engagement
47 with the communities.
48 Sheila Flack said her children attend McDougle Elementary. She said there is a strong
49 sense of community and focus on consideration of environment in which schools are placed. She
50 said the schools are the core for Chapel Hill and Carrboro. She said that proximity to the
51 neighborhood they serve and other factors critical to our children have not been considered. She
15
1 said the impacts will have lasting impacts for years to come and the decision to build a new middle
2 school for McDougle School is fiscally and environmentally irresponsible. She asked why a new
3 middle school is needed. She said that no middle school has capacity concerns and begs to ask
4 why it is being recommended. She said it sets a dangerous precedent. She said other plans were
5 presented by Woolpert that were more urgent. She said that the basis of the plan lacks
6 transparency, disrupts the community, and takes away funds from where they are needed the
7 most.
8 Erik Guste said that the consultant's study focused on needs and improvements. He said
9 it did not focus on strengths. He said his family moved to their neighborhood so his children could
10 attend McDougle. He described how his children go to school each day together and can support
11 each other. He said that the impact of breaking up siblings will mean that people have to take
12 their kids in different directions each day. He said that the impact on the community will be dire.
13 Erin Jackson said she is an Estes Hills parent. She will have two children there in the next
14 year. She said investing in children is investing in the future. She said that she understands that
15 the commissioners are only responsible for the purse strings and not the specific plans. She said
16 she is requesting transparency on how the plan will work and what stipulations will come with
17 bond approval. She said that she wants to know more about what the facilities aspect contains.
18 She asked if teachers and parents were a part of this process. She said that the plan as is will
19 decimate the community.
20 Mark Siegal said he agrees that the schools need more funding and facilities, and he
21 would be more than happy to support that with taxes, but not the way it is being proposed. He
22 said that the plan ignores the effect on the environment, the impact of the bus driver shortage,
23 and the removal of the walk zones and community. He said that it why they bought their home
24 where they did. He said less than 1/3 of the kids require bussing to get to school. He said he
25 cannot imagine the same sense of belonging if they had to bus their kids to different schools. He
26 said that if they have a middle schooler and elementary schooler then they must go to two different
27 areas. He said he understands that they are not in charge of the plan, but a better plan needs to
28 be presented before folks like him can get behind the bond and support it.
29 Meredith Niess said her children attend Estes Hills. She said she supports a bond to help
30 facilities and costs over the next decade. She said her concerns are that the plan only considers
31 facilities, costs, and enrollment modeling that may have flaws. She said that it did not consider
32 other elements of the community. She said she is bothered by the lack of communication and
33 coordination with the Town of Chapel Hill's Complete Communities Plan. She said the people that
34 were involved with that were not in communication with the consultants. She said Estes Hills has
35 a highly effective and loved principal and low teacher turnover. She said that she has developed
36 a wonderful sense of community. She said the heart of a school is not in a building and she said
37 that none of these plans take that into account. She said that she is not comfortable moving
38 forward with a plan without heart.
39 Deanna Vecchio said she is a teacher and resident. She said that she is concerned about
40 how the bond will be utilized. She said that the plan submitted by the school district lacked the
41 voice of families and staff. She strongly encouraged this bond to be reconsidered until it can be
42 shown how it will impact the wider community.
43 Laura Saucedo said she is a teacher in the CHCCS district. She said they found out about
44 the plan through one slide, and it felt like it was just swept under the rug. She said they did not
45 have a say in any of it. She said that so many kids walk to school now and the bus system is
46 broken, and they have a shortage. She said her students have been late many times due to
47 buses. She said that many staff members are looking for other options because they do not know
48 what the future holds for them. She said that her school is more than just a school and there is a
49 very tight community that she is not ready to lose. She asked the Board to protect the schools
50 and the children's mental health. She asked them to please protect what they have built. She said
51 that she will be voting no on the bond referendum.
16
1 Rachel Kline said she is a teacher at McDougle Elementary. She said that there have been
2 many concerns discussed, especially the impact of displacing the most vulnerable ones. She said
3 that as a teacher she is all for funding schools. She said there is an impact on the children with a
4 safe and comfortable environment. She said there is a high likelihood that she and her fellow
5 teachers will not be able to continue working together. She said she has a wonderful team of
6 people that she works with. She said it is challenging for schools to find teachers and it will be
7 hard to hire high quality equity focused teachers when they are unsure of their future. She said
8 that the plans suggest that they will get to stay but there is no definitive answer on how. She said
9 there is no set plan for how they will be distributed as staff. She asked the Board to ask the
10 CHCCS district to look into the plan and make the adjustments necessary. She said that until they
11 are sure that this plan puts equity first, she will vote no on the bond.
12 Kari Hamel said neither Orange County nor the school districts have adequate internal
13 controls to reasonably protect the taxpayer's investment on the bond. She said that there is other
14 debt that does not get talked about either. She said that she has expressed concerns and asked
15 questions that have not been responded to on the 2016 bond. She said that some of those
16 questions are about change orders and disregarded disclosure requirements about those change
17 orders. She said that the county's accountability over the school system and other funding
18 recipients is abysmal. She said that there are recent revelations of overtime abuses and subsidy
19 amounts to the Soccer.com center that may be more than half of what is allocated to non-profit
20 direct service providers in the county. She said that the Soccer.Com center is next to the school,
21 and she read an excerpt from the capital outlay policy that the commissioners have the intent to
22 evaluate all new schools for all future community uses including parks and recreation facilities.
23 She asked if the two elementary schools that are planned will be designed and constructed the
24 same and will the elementary schools also be constructed at the same time to save funds. She
25 asked why a debt oversight committee has not already started to meet to review current debt
26 spending in anticipation of the bond plus the additional non-voted debt. She said that the Gravely
27 students had no math teachers for over a year. She said that there should be a debt committee.
28 She said the collapsed light-rail project and the impact on Orange County taxpayers has not
29 resulted in any oversight to spending or policy changes in the county.
30 Mary Lobo said she is an Estes Hills parent. She said that they moved to the neighborhood
31 and loved the school being so close. She said that there is a real sense of community. She said
32 there are negatives to consolidation besides economics. She said when the schools are bigger, it
33 becomes less personal. She said that Estes has started a "bike bus" and a "traffic garden" that
34 are bike and pedestrian friendly for the kids. She said facilities are not all there is to a school. She
35 said that people want to support schools but that a lot of people feel that if they vote for the bond,
36 they are voting to close their school.
37 Joe Hicken said he is a McDougle Elementary parent. He described what makes a
38 community in a school. He said this is the first time that the community has been heard or listened
39 to. He said it is concerning to provide all of this cash. He asked if it was the facilities of the schools
40 or the people that made the impacts on them as adults. He said that his neighbors look at the
41 plan and scratch their heads. He said it erodes fundamental aspects of community. He asked
42 the Board to use formal and informal instruments at their disposal to communicate that they should
43 be intentional about plans and not bake in uncertainty. He said they could build an Orange County
44 that really is excellent in comparison to the rest of the state.
45 Kendall Schenkenberg said she grew up in Chapel Hill and had the greatest education.
46 She said she moved back to the area to give her kids the type of growing up that she had. She
47 said her kindergartener is slated to attend Carrboro Elementary and Frank Porter Graham
48 Elementary, both of which are slated to close. She asked the Board to talk to the Orange County
49 School Board and ask them to change the plan and to find a better way to support children.
50 Liam Kennealy said he is a student at McDougle Middle School. He said that he would not
51 be able to walk to school and that he would have to be bussed when there are already issues with
17
1 bussing. He expressed concerns about the effects of busing on students. He is concerned about
2 how the proposed changes will affect his teachers and their relationships with students. He said
3 that while he attended McDougle Elementary, he was excited about going next door to middle
4 school. He said he is concerned about the kids currently at the elementary school who might not
5 get that opportunity.
6 Cassie Rice said she has children at Glenwood Elementary. She thanked the Board for
7 pursuing the bond. She said it will affect everyone in the district, not just those in attendance at
8 the meeting. She expressed support to the CHCCS school board for ensuring that the best
9 decisions are made for children and for those who do not have the ability to speak at these kinds
10 of meetings.
11
12 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
13 close the public hearing.
14
15 VOTE: UNANIMOUS
16
17 Due to the length of the meeting, at this time the Board agreed by consensus not to
18 conduct a closed session at the end of the meeting and would take up the topic at a future meeting.
19
20 b. Zoning Atlas Amendment— 3009 Forrest Ave., Efland, Cheeks Township
21 The Board held a public hearing, received the Planning Board and staff recommendations and
22 public comments, closed the public hearing, and approved on an applicant-initiated Zoning Atlas
23 Amendment to rezone two (2) parcels totaling +/- 9.37 acres (PINs: 9854-18-4217 and 9854-18-
24 9274) located at 3009 Forrest Ave., Efland, Cheeks Township.
25
26 BACKGROUND: On February 13, 2024, a Conventional Zoning Atlas Amendment application
27 (Attachment 1) was received proposing to rezone two parcels totaling +/- 9.37 acres at 3009
28 Forrest Ave., Efland. The Staff Report in Attachment 2 contains additional information, maps,
29 and analysis.
30
31 Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment
32 1), and Section 2.8 of the Unified Development Ordinance (UDO), submittals are required to
33 contain:
34
35 1. A completed/signed Zoning Atlas Amendment application;
36 2. A map, at a legible scale, showing the land proposed for rezoning;
37 3. A detailed narrative denoting the following:
38 a. The existing zoning of the subject property and the requested zoning, as defined
39 in Article 3 of the UDO;
40 b. The current land use designation of the subject property consistent with the Orange
41 County Comprehensive Plan and Future Land Use Map (FLUM), which can be
42 accessed utilizing these links.
43 c. The alleged error in the Zoning Atlas (if any)that will be corrected by the proposed
44 request;
45 d. The changed, or changing, conditions (if any)that makes the proposed amendment
46 reasonable and necessary to promote the public health, safety, and general
47 welfare;
48 e. How the proposed amendment is consistent with, or carries out the intent and
49 purpose of, the Orange County Comprehensive Plan.
50 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule.
51
18
1 Basic Review Process: A conventional district rezoning application requires submission of a
2 detailed area map and other documents, in accordance with Section 2.8.3(A) of the Unified
3 Development Ordinance (UDO). A site-specific plan is not required for conventional rezoning
4 applications and conditions cannot be applied to an approval action. The typical cadence for the
5 review is as follows:
6 FIRST ACTION — Submission of an application with required supporting documents
7 by the property owner.
8 STAFF COMMENT: The applicant submitted an application and documents on
9 February 13, 2024, Attachment 1.
10 • SECOND ACTION — Staff holds a Development Advisory Committee Meeting.
11 STAFF COMMENT: The Development Advisory Committee Meeting was held on
12 March 21, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this
13 review are available in 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 May 1, 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 for June 4, 2024.
22
23 Public Notification: In accordance with Section 2.8.7 of the LIDO, notices of the Public Hearing
24 were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
25 notices were mailed on May 21, 2024, 16 days before the meeting. Staff also posted the subject
26 parcel with signs on May 21, 2024, 16 days before the meeting. Attachment 3 includes the
27 notification materials.
28 Planning Board Recommendation: The Planning Board reviewed the proposed amendments at
29 its May 1, 2024, regular meeting. At this meeting the Board voted unanimously to recommend
30 approval of the Statement of Consistency (Attachment 6) and the proposed Ordinance
31 (Attachment 7).
32
33 Excerpts of the minutes from the meeting, as well as the Board's signed statement of consistency,
34 are included in Attachment 5. Agenda materials from the May 1, 2024, Planning Board meeting
35 can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
36
37 Planning Director's Recommendation: The Planning Director recommends approval of the:
38 1. Statement of Approval and Consistency indicating the conventional rezoning application
39 is reasonable and in the public interest, as contained in Attachment 6.
40 2. Zoning Atlas Amendment Ordinance to reflect the zoning change on the County's adopted
41 Zoning Atlas, as contained in Attachment 7.
42
43 Cy Stober, Planning and Zoning Director, made the following presentation:
44
19
1 Slide #1
ORANGE COUNTY
NORTH CAROLINA
Item 5b: Zoning Atlas Amendment
(Conventional District)
R-1 Zoning to GC-4 Zoning
Location 3009 and 3100 Forrest Avenue, Efland, NC
PINS: 9854-18-4217 and 985418-9274
Applicant Efland Ruritan Club
Case#:MA24-001
2
3
4 Slide #2
CONVENTIONAL DISTRICT - Overview
Conventional District Zoning Conditional
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
5
6
7
20
1 Slide #3
CONVENTIONAL DISTRICT — Planning Board Review Role
Tonight's Board of Commissioners Objective
• Hear from the applicant, staff,and the public
• Review and discuss staff analysis and recommendation and Planning Board
recommendation
• Take action on the Zoning Atlas Amendment application
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #4
REZONING PROCESS
Public Notice
(signs posted,letters mailed)
Application Received Planning Board
:•• • .
•Staff Review •Public Meeting ' •Public Hearing
•Development •Plan Consistency •Plan Consistency
Advisory Finding •Reasonableness
Committee •Recommendation Statement
Review Made to BOCC •Approval/Denial
•Interagency of Zoning
Coordination Request
ORANGE COUNTY
NORTH CAROLINA
5
6
7
21
1 Slide #5
MEETING PROCESS
1. Staff Presentation
2. Applicant Presentation
3. Questions from the Commissioners
4. Public Comments
5. BOCC Deliberation and Decision
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #6
Zoning Atlas Amendment- MA24-0001 (Efland Ruritan Club)
3009 Forrest Avenue , Efland , NC
•
3009 and 3100 Forrest Vicinity Map for Rezoning Application P[Ns9854189274and9854194217
Avenue,Efland
® 9854-18-42
9854-18-927474
CI e sTow sh p �
Cheeks
` s
® Upper Eno Protected -
..
Efland Ruritan Club Ji "
c/o Anthony Cecil
5
6
7
22
1 Slide#7
Zoning Atlas Amendment- MA24-0001 (Efland Ruritan Club)
3009 Forrest Avenue , Efland , NC
Overview • •
Rezoning Appllration to 0G4 for PINS 98541e9)274 and 9954184217
CurrentZonln�
Rural Residential(RI)
Overlays:Upper Eno Protected Watershed
Efland Village Overlay District: "...an
urban village style of development in an area Vr��P
of the county served...by public water and
sewer systems."
mow:
of
2
3
4 Slide #8
ZoningAtlasAmendment- MA24-0001 (Ef land Ruritan Club)
3009 Forrest Avenue , Efland , NC
• • -•
Rezoning Application to GG4 for PI Ns 9854189274 and 9854184217
CurrentZg n
Rural Residential(R1)
Overlays:Upper Eno Protected Watershed
Efland Village Overlay District
P.
Requested Zoning
General Commercial(GC4) -
Surrounding Zoning
• Rural Residential(111)
■ Neighborhood Commercial(NC2)
• Agricultural Residential(AR) �
w
• Office/Research and Manufacturing{0/RM}
o
5
6
7
23
1 Slide#9
Zoning Atlas Amendment- MA24-0001 (Efland Ruritan Club)
3009 Forrest Avenue , Efland , NC
• •
Adopted Future Land Use Map with
PiNs 8 418 274and 854184a17 Depicted
Future Land Use Map Designation
Commercial-Industrial Transition Node
■ Land focused on designated road
intersections within either a 10-year
or 20-year transition area that is
appropriate for retail and other
commercial uses and/or
manufacturing and other industrial
uses.
■ No proposed amendment
2
3
4 Slide #10
ZoningAtlasAmendment- MA24-0001 (Ef land Ruritan Club)
3009 Forrest Avenue , Efland , NC
Surrounding Land Uses Aerial Into e with PINS 9854189274 and 9854t8gxi70utllned
North Single-family Residential,
Mobile Home Park
South Single-family Residential, NC
Railroad
East Commercial Auto Repair,
Single-family Residential
West Commercial Auto Repair,
Single-family Residential,
Efland Supermarket
All properties in area have access to Orange
Alamance Water System and City of Mebane
wastewater utilities. Connection is at utility
provider discretion and applicable fees.Area
not subject to annexation.
o
5
6 Commissioner Fowler asked about the property lines on the image in slide#10. She said
7 it looked like there were three or four properties in the image.
8 Cy Stober said two roads split one of the parcels into three sections, and all are owned by
9 the Efland Ruritan Club.
10
24
1 Slide #11
Zoning Atlas Amendment- MA24-0001 (Efland Ruritan Club)
3009 Forrest Avenue , Efland , NC
'Conventional Zoning Overview
Adopted Future Land Use Map with
Conventional District Application Requirements PINS 8418274and9354184217Deiced
■ Complete Zoning Atlas Amendment
Application
■ A map showing the land proposed for
rezoning
■ A narrative detailing existing and
proposed zoning,future land use
designation,how the proposed
amendment corrects an error in the
ZoningAtlas or is consistentwith the
Comprehensive Plan
■ Additional Information as Identified by =
Reviewing Agencies
2
3
4 Slide #12
ZoningAtlas Amendment- MA24-0001 (Ef land Ruritan Club)
3009 Forrest Avenue , Efland , NC
Conventional Zoning Overview
COMMERCIALGC-4 R.10
GENERAL
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dao1Alluh,me.(Mel) Tv
The p,p-e or the General Cornmercald(GC a)Uslrod s Frgnt Se1W,k frpn RAIN,m
to pmylde sulutble 3nualed and sized s,tes that albw a Itee<] 35
broad range of IXlmmereal.offee and sen uses
Perfor-nce sldndara9 will be used Io e—e the absence
of adverse impacts beyond dte zenlrlg dwru boundary
am&Submit Min,OW) Nw pJ
This district wil usually be appluM whem the blbwng Rear$elback,min Ileell None 121
condaons ens,.
1.The sae a weiun an area designated by the adopted Hdylt,hh v paap.,It loaded 45 r31
Comprehenswe Plan as eerier a Commernal Trar— gdSfid4d■CTAN a CITAN
Aclmty Node(CTAN],or Commeroal-Indust al Trani
A,Nn[y Node ICITAN]. Heght.max(feel)_.a loratetl 131
wlh,n a CTAN w CITAN 60
2 W ale,and sewer maim east at the sde a are to be
made available as pad er the eevebpmenl prd ess a the Floor Area ROW.thi M
bt sze for and-dual uses are appropale to ism—"`d of k-ft"�Aa CTAN gr NR Iq dW
wale,supply and sewage dlsppsal. GITAN
5
6
7
25
1 Slide #13
Applicant's
Presentation
ORANGE COUNTY
NOR]H CARO�LINA
2
3 Anthony Cecil and Jana Murdock-Doherty, representing the Efland Ruritan Club, greeted
4 the Board.
5 Jana Murdock-Doherty read the following statement:
6 "Good evening and thank you for the opportunity to address the Board. My name is Jana
7 Murdock-Doherty, and I am a Board member for the Efland Ruritan Club. This is Anthony Cecil,
8 long-time member and current president of the Club. We are coming before you this evening to
9 request a recommendation to change the zoning designation from R1 to GC-4 on the parcels
10 owned by the Efland Ruritan Club. This change would bring the property's zoning in line with its
11 current and historical uses, as well as with the County's Future Land Use Plan.
12 As Ruritan is one of the lesser-known civic organizations, I'd like to take a moment and share
13 some information about it. Ruritan is a national civic service organization made up of local clubs
14 dedicated to improving their communities by identifying needs in their area and implementing
15 solutions to address those needs. Club membership represents a cross-section of the community
16 in which the club serves, and is not restrictive with regard to occupation, social position, or any
17 other specific criteria. Currently, there are about 25,000 members in 900 communities nationwide.
18 Our Club in Efland was founded in 1981 when 4 local citizens saw a great opportunity to serve
19 and support our community. They came together to purchase the land from the Orange County
20 School Board and charter the club to benefit Efland and Orange County, and we have been in
21 operation ever since. Our mission as a non-profit civic organization is to strengthen and improve
22 our community through various activities and financial methods.
23 Prior to the Club's existence, this property served as the local high school for the area, and before
24 that as the site of the elementary school. Many local citizens have a strong connection to this site
25 and happy memories from those times. Not long ago, I was chatting with one of our members
26 about the history of the buildings while we were preparing a benefit dinner, and I got to hear some
27 great stories about when he attended the high school. This sort of oral history is made possible
28 by being able to gather together in this place, and being able to pass those stories down helps to
29 deepen the younger generation's connection to the community, too. It's clear that this centrally
30 located spot makes sense as a hub of activity and community engagement in the area — it has
31 always been a natural gathering place.
32 Currently, we serve the community in several different ways, including events for community
33 enjoyment, scholarships for graduating seniors from each of the local high schools, sponsorships
34 of other local clubs and community organizations, benefit meals, and more. Every year we host
35 a rodeo which is well-attended and enjoyed by our local community as well as surrounding
26
1 communities. We allocate $6,000 each year to provide scholarships to 2 graduating seniors from
2 each area high school who are furthering their education either in academics or in a trade. We
3 support youth programs both financially and by donating our space for their use. This year, we
4 are sponsoring youth sports teams. We also support the high school athletic teams, specifically
5 the football teams, by providing a meal each year during their regular season. We have been
6 approached by scout troops in the past about using the buildings for meetings, and we are open
7 to this. We also allow other community focused groups, such as the Efland Historical Society, to
8 use our space for regular meetings. Over the years, Relay for Life, American Red Cross,
9 Hillsborough Hog Day, Timeless Cruizers, Hillsborough Sports Fishing Club, Orange County
10 Sheriff's Office, local churches, and schools have all used our property to help support their goals
11 and to help improve our community for all Orange County Citizens. We coordinate benefit meals
12 to support individual members of our community who have had tragedies befall them, from house
13 fires to medical diagnoses.
14 We also have outdoor facilities — a playground and walking track — which the members of the
15 community have access to for recreational purposes.
16 Finally, we make our buildings available to the community as an event rental space for an
17 affordable fee. Any money we earn is used to maintain our physical spaces, pay property taxes
18 and other bills, and, most importantly, to fund our service-oriented activities.
19 The Club's membership has been steadily growing over the past 5 years, increasing in number
20 and diversity. The membership is starting to better reflect the diverse make-up of our community,
21 from ethnicity to gender to age. We currently have about 35 members, which is an increase of
22 about 11% over the last five years. It is a great sign to see the roster growing, as many
23 organizations have seen a decline in membership over the past decade.
24 Our intention is to continue using this space to support our local community. We are focused on
25 providing more opportunities for community enjoyment and engagement. This year, in addition to
26 our annual rodeo, we added a tractor pull in the spring. We are in the process of brainstorming
27 and implementing ideas about additional ways to give back, including more regular summer
28 events such as free concerts or movie nights, additional or more regular benefit meals, and
29 community service projects.Attendance at the rodeo is so strong that we are also exploring ways
30 to allow this to continue growing as well.
31 We would also like to be able to add a SECU cashpoints machine, as there are not any ATMs
32 nearby. This is what provided the impetus for our long overdue rezoning application. Without the
33 change in zoning, this affordable access to banking would not be allowed on our property. We
34 think it is an important service to provide so that community members can have access to their
35 money at a convenient, nearby location.
36 Given our growth in membership and activities, we don't anticipate the club disbanding at any
37 point in the near future. Sadly, though, my crystal ball is not working, and since no one can really
38 guarantee anything, we do have a plan designated in our charter should this ever happen. In the
39 event that the club should cease to exist, the land and assets are slated to be distributed among
40 the area churches, in an effort to maintain the space for community service of some kind. What
41 that would like look is flexible, but, again, the intent is to keep this space as a benefit to the
42 community in one way or another.
43 This rezoning will make sure that the club can continue to support the community in as many
44 ways as possible. Not only does it align with the County's projected use of the area, it will also
45 match the current use and allow us to offer additional services in the future, such as adding an
46 ATM.
47 We appreciate the Board's consideration of our request, and we will do our best to answer any
48 questions you may have for us."
49 Commissioner Hamilton asked what kinds of enterprises happen in GC-4 zoning.
27
1 Cy Stober said it is the most permissive of the commercial districts in the county and it
2 covers all retail uses, such as restaurants or convenience stores. He said it would also cover
3 small shopping outlets or office uses.
4 Commissioner Portie-Ascott asked how the Ruritan Club membership has become more
5 diverse.
6 Anthony Cecil said they have more Hispanic, Black and female members. He said that
7 as the group has grown, they can do more in the community.
8 Anthony Cecil added that the property has never been a residence, despite the current
9 zoning. He said they wanted to add an ATM for the community.
10
11 A motion was made by Commissioner Hamilton, seconded by Commissioner Fowler, to
12 open the public hearing.
13
14 VOTE: UNANIMOUS
15
16 PUBLIC COMMENTS:
17 There was no one signed up to speak.
18
19 A motion was made by Commissioner McKee, seconded by Vice-Chair Greene, to close
20 the public hearing.
21
22 VOTE: UNANIMOUS
23
24 Commissioner Richards said that the rezoning would be the broadest category. She asked
25 if any other proposals would come back to the Board with the rezoning.
26 Cy Stober referred to the chart on slide #12. He said that it would not come back to the
27 Board.
28 Commissioner Richards asked if the proposal increases the amount of impervious surface.
29 Cy Stober said that most of the property is already impervious surface and development
30 of that area would not create new runoff.
31 Vice-Chair Greene said she would like to hear from the applicant about their plans for
32 remaining a Ruritan club and what would happen if they do not exist.
33 Anthony Cecil said it is in their by-laws that if the Ruritan club is dissolved, the property is
34 to go to area churches so it could still be used as community property. He said they have no
35 intention of disbanding.
36 Jana Murdock-Doherty said it is currently a growing club with new members joining
37 regularly.
38 Vice-Chair Greene said she just wanted to clarify the intention with the property.
39 Chair Bedford asked if it is possible that the Ruritan club could sell the property, and the
40 zoning would remain commercial.
41 Cy Stober said that was correct.
42 Commissioner McKee asked if the property has ever been used for anything other than
43 community service and if there has ever been discussion for using the property for a for-profit or
44 commercial venture.
45 Anthony Cecil said no, the ATM is the only thing that has been discussed and that has
46 been discussed as a benefit to the community. He said that the ATM would probably be a State
47 Employees' Credit Union, and currently there are no major ATM sites between Churton Grove in
48 Hillsborough and downtown Mebane.
49
28
1 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
2 approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments
3 (Attachment 7).
4
5 VOTE: UNANIMOUS
6
7 c. Unified Development Ordinance Text Amendment — Regulatory Reform Compliance &
8 Clarifications
9 The Board held a public hearing, received the Planning Board and staff recommendations and
10 public comment, closed the public hearing, and approved County-initiated text amendments to
11 the Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs)
12 23-108 and 23-137, as well as to clarify two related matters for improved administration of the
13 UDO.
14
15 BACKGROUND: The North Carolina General Assembly approved two laws over Governor Roy
16 Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The first
17 was North Carolina Session Law (NCSL) 23-108 (Attachment 1), which expanded the definition
18 of"residential" uses or zoning to all structures under the regulatory umbrella of the North Carolina
19 State Residential (Building)Code. This effectively expands this definition from one-and two-family
20 dwellings to include three- and four-family dwellings. The consequence is the lack of Orange
21 County authority to regulate the architecture or appearance of such structures, requiring
22 amendment of Sections 2.5.3 (Site Plan Specifications) and 4.6.2 (Major Transportation Corridor
23 (overlay district) Application). Staff has initiated an amendment to the definition of "Residential
24 Development" in Article 10 to reflect this statutory change.
25
26 Staff has also initiated a relevant amendment to Section 2.4.2 ("Zoning Compliance Permits,
27 Requirements and Conditions")to transfer the responsibility of affirming UDO compliance, before
28 a Certificate of Occupancy is issued, from the Building Inspector to the Planning and Inspections
29 Director. The Inspections staff should be focused on NC State Building Codes compliance and
30 not also be responsible for enforcement of Orange County's local development and use
31 standards.
32
33 NCSL 23-137 (Attachment 2)was the "Regulatory Reform Act" and provides for the elimination of
34 density regulations in water supply watersheds under the following conditions:
35 1) The property was developed prior to the effective date of the applicable water supply
36 watershed regulations;
37 2) The property has not been combined with additional lots after January 1, 2021;
38 3) The property has not participated in density averaging, as allowed by North Carolina
39 General Statute § 143-214.5(d2);
40 4) The current use of the property is nonresidential;
41 5) The remaining vegetated buffers on the property are preserved in accordance with Section
42 6.13.4 of the Ordinance.
43
44 This new standard is proposed as the new Section 4.2.4(A), "Residential Density, Density
45 Exceedance Allowance".
46
47 Accompanying this statutory amendment is one to the Section 6.14 Stormwater standards,
48 clarifying that only new "built upon area" (aka "impervious surface") must be treated with
49 Stormwater Control Measures, as required by State and federal laws. The existing "built upon
50 area" (BUA) does not require stormwater treatment. The developer may elect to treat the existing
51 BUA, and it may be offered as a condition of approval of a conditional zoning or special use permit
29
1 application, but it cannot be required. This additional allowance is reflected primarily in the new
2 Section 6.14.5(C) "Redevelopment Exemption", as well as subsection 4.2.7(E) "Modifications of
3 the Impervious Surface Ratio".
4
5 In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement, the
6 proposed amendments were sent to both towns for comment on March 19, 2024. No comments
7 were received.
8
9 Planning Board Recommendation: At its May 1, 2024 meeting, the Board voted unanimously to
10 recommend approval of the Statement of Consistency and the UDO amendment package. An
11 excerpt of the draft May 1, 2024 Planning Board minutes and the Planning Board's signed
12 Statement of Consistency are provided at Attachment 3. Prior to making its recommendation, the
13 Planning Board reviewed the materials in an "Ordinance Review Committee" meeting on April 3,
14 2024. Materials for this meeting are available at:
15 https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04032024-1982.
16
17 Planning Director's Recommendation: The Planning Director recommends approval of the:
18
19 1. Statement of Approval and Consistency indicating the text amendments are
20 reasonable and in the public interest, as contained in Attachment 4.
21
22 2. Unified Development Ordinance (UDO)text amendments, as contained in Attachment
23 5.
24
25 Cy Stober, Planning and Zoning Director, made the following presentation:
26
27 Slide #1
ORANGE COUNTY
NORTH CAROLINA
Item 5c: UDO Text Amendment -
Regulatory Reform and Compliance
28
29
30
30
1 Slide #2
What Changed?
NCSL 23-108/HB 488
NCSL 23-137/HB 600
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #3
What Changed?
NCSL 23-108/HB 488
AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND
CREATE THE RESIDENTIAL CODE COUNCIL, TO AMEND VARIOUS
PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE
AND LAND DEVELOPMENT REGULATIONS, AND TO INCREASE
THE PROJECT COST MINIMUM FOR APPLICABILITY OF GENERAL
CONTRACTOR LICENSING REQUIREMENTS.
ORANGE COUNTY
NORTH CAROLINA
5
6
7
31
1 Slide#4
What Changed?
NCSL 23-108/HB 488
AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND
CREATE THE RESIDENTIAL CODE COUNCIL, TO AMEND VARIOUS
PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE
AND LAND DEVELOPMENT REGULATIONS, AND TO INCREASE
THE PROJECT COST MINIMUM FOR APPLICABILITY OF GENERAL
CONTRACTOR LICENSING REQUIREMENTS.
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #5
What Changed?
NCSL 23-108/HB 488
• Amended NCGS 160D-702(b):
Any regulation relating to building design elements adopted under this
Chapter may not be applied to any structures subject to regulation
under the North Carolina Residential Code for One- and Two F-am 4
Dwe&Rgs except under one or more of the following circumstances...
ORANGE COUNTY
NORTH CAROLINA
5
6
7
32
1 Slide #6
Proposed Amendments
• 2.5.3 (Site Plan Specifications)
• 4.6.2 (Major Transportation Corridor (overlay
district) Application)
— Amended references to "single-family residential, and
duplexes" to "regulated by the NC Residential Code"
�1
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #7
Proposed Amendment-
• Staff-Initiated Amendment:
• Section 2.4.2 ("Zoning Compliance Permits,
Requirements and Conditions")
—Transfer the responsibility of affirming UDO compliance
before a Certificate of Occupancy is issued from the
Building Inspector to the Planning and Inspections
Director.
ORANGE COUNTY
NORTH CAROLINA
5
6
7
33
1 Slide#8
Proposed Amendments
• Staff-Initiated Amendment (potential):
• Amend "Residential Development" definition:
Buildings regulated by the North Carolina Residential Code
as well as multifamily dwellings fnr FesirdeRtial use such as
a{{FGhed and detaGhed siRgle family .dwellinnS, apartment
complexes; and condominiums. , tGWRhO 68S
and theor aSSE) t}ed a tb uildinnoGaGh as garages, s�-�ge
h^ �s-�ara�c�� u�c
b i ii l g-S,r- d gaze b
�1
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #9
Proposed Ampnr,�_
• Staff-Initiated Amendment(potential):
• Amend "Residential Development" definition:
Buildings regulated by the North Carolina Residential Code
as well as multifamily dwellings such as apartment
complexes and condominiums.
5
6
7
34
1 Slide #10
What Changed?
NCSL 23-137/1-113 600
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE
CITIZENS OF NORTH CAROLINA.
�1
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #11
What Changed?
NCSL 23-137/HB 600 (1/2)
• Amended NCGS 143-214.5 (Water Supply
Protection) to better enable redevelopment of
multifamily projects in water supply watersheds
ORANGE COUNTY
NORTH CAROLINA
5
6
7
35
1 Slide#12
What Changed?
NCSL 23-137/1-113 600 (2/2)
• Amended NCGS 143-214.7 (Stormwater Runoff
Rules and Programs)
— Excludes public rights of way from impervious surface
calculations and regulation/treatment
— Better enables redevelopment of properties being
introducing flexibility on "crediting" existing
development footprints
ORANGE COUNTY
NORTH CAROLINA
2
3 Commissioner Portie-Ascott asked if this would allow someone to put a quadruplex on an
4 acre that was subdivided into four parcels.
5 Cy Stober said no. He said it does not transmit the development rights to a new property.
6 He said it would all have to be contained within the currently existing property. He said if someone
7 wanted to have a small office complex and it is consistent with the zoning, then you could have
8 four new buildings. He said that would still have to account for parking and driveways.
9
10 Slide #13
Proposed Amendments
• The following statutory language is needed in a new
subsection (C) "Redevelopment Exemption to
Section 6.14.5(Stormwater Management,
Applicability):
Id= �
ORANGE COUNTY
NORTH fAROLINA
11
12
13
36
1 Slide #14
reposed Amendments
When a preexisting development is redeveloped, either in whole or in
part, increased stormwater controls shall only be required for the
amount of impervious surface being created that exceeds the amount of
impervious surface that existed before the redevelopment, irrespective
of whetherthe impervious surface that existed before the redevelopment
is to be demolished or relocated during the development activity.
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #13
Proposed Amendments
• Create Subsection 4.2.4(A) (Residential Density,
Density Exceedance Allowance):
As enabled by NC G.S. § 143-214.5(d3), an applicant may exceed the
density otherwise required by the applicable water supply watershed
regulations, but not the underlying zoning district, if all of the following
circumstances apply:
ORANGE COUNTY
NORTH CAROLINA
5
6
7
37
1 Slide #14
Proposed Amendments
(1)The property was developed prior to the effective date of the
applicable water supply watershed regulations;
(2)The property has not been combined with additional lots after
January 1,2021;
(3)The property has not participated in density averaging,as allowed by
NC G.S. §143-214.5(d2);
(4)The current use of the property is nonresidential;
(5)The remaining vegetated buffers on the property are preserved in
accordance with Section 6.13.4 of this Ordinance
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #15
Proposed Amendments
• Create Subsection 4.2.4(A) (Residential Density,
Density Exceedance Allowance):
As enabled by NC G.S.§143-214.5(d3),an applicant may exceed the density otherwise required
by the applicable water supply watershed regulations,but not the underlying zoning district,if all
of the following circumstances apply:
(1)The property was developed prior to the effective date of the applicable water
supply watershed regulations;
(2)The property has not been combined with additional lots after January 1,2021;
(3)The property has not participated in density averaging,as allowed by NC G.S.
§143-214.5(d2);
(4)The current use of the property is nonresidential:
(5)The remaining vegetated buffers on the property are preserved in
accordancewith Section 6.13.4 of this Ordinance
ORANGE COUNTY
NORTH CAROLINA
5
6
7
38
1 Slide #16
Proposed Amendments
• Create Subsection 4.2.7(E) (Modifications of the
Impervious Surface Ratio).
If all of the criteria of Section 4.2.4(A) are satisfied, an applicant may elect to apply the
preexisting development regulations,as specified in Section 6.14(C).
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #17
Staff Analysis and Recommendation
The Planning Director recommends approval of the text
amendments (Attachment 4), and the Statement of Approval
and Consistency (Attachment3) as being reasonable and in
the public interest to comply with North Carolina General
Statutes.
ORANGE COUNTY
NORTH CAROLINA
5
6
7
39
1 Slide #18
Planning Board Recommendation
Planning Board Ordinance Review Committee reviewed and
discussed at April 3, 2024, meeting.
Planning Board voted unanimously(11-0) to recommend
approval of the proposed amendments at their May 1, 2024,
meeting.
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #19
Recommendation forTonight
The Manager recommends the Board:
1. Consider the Planning Director's and Planning Board's
recommendations,
2. Conduct the Public Hearing and accept public comment,
3. Deliberate on the proposal, and
4. Make a recommendation to the BOCC on the Statement of
Consistency (Attachment 3) and the proposed ordinance
(Attachment 4).
ORANGE COUNTY
NORTH CAROLINA
5
6 Commissioner McKee asked if this is to match state law.
7 Cy Stober said yes.
8 Commissioner Richards asked if that included the staff amendments.
40
1 Cy Stober said the staff amendments were to change the definition for residential
2 development to make it simpler and reflect state law and to change the responsibility on UDO
3 compliance and issuance of a certificate of occupancy from Inspections to Planning.
4 Commissioner Richards said the rest is about statutory changes and the others were to
5 simplify and clarify.
6 Cy Stober said yes.
7 Commissioner Portie-Ascott asked if someone in a single-family home in a subdivision
8 with an HOA, would the HOA have more say-so in what is built or how the property is used. She
9 asked if a single-family home would be able to be changed to a duplex, triplex, or quadplex based
10 on these amendments.
11 Cy Stober said if local zoning allows that. He said there is usually a density restriction,
12 and single-family zoning is one home per lot, regardless of the size of the lot.
13 Chair Bedford said it is the order in which you apply the rules.
14 Cy Stober said yes, and then you would consider what the HOA covenants are, but zoning
15 would come first.
16
17 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to
18 open the public hearing.
19
20 VOTE: UNANIMOUS
21
22 PUBLIC COMMENTS:
23 There was no one signed up to speak.
24
25 A motion was made by Commissioner Hamilton, seconded by Commissioner McKee, to
26 close the public hearing.
27
28 VOTE: UNANIMOUS
29
30 A motion was made by Commissioner McKee, seconded by Vice-Chair Greene, to
31 approve the Statement of Consistency as detailed in Attachment 4 and UDO Text Amendments
32 in Attachment 5.
33
34 VOTE: UNANIMOUS
35
36 d. Unified Development Ordinance Text Amendment—Tobacco and Hemp Retail Use
37 The Board held a public hearing, received the Planning Board and staff recommendations and
38 public comment, closed the public hearing, and approved Commissioner-initiated text
39 amendments to the Unified Development Ordinance (UDO) regarding use, regulation, and
40 definition of"Tobacco and Hemp Retail" use.
41
42 BACKGROUND: At the February 6, 2024, Business meeting of the Orange County Board of
43 Commissioners, Commissioner Amy Fowler petitioned to direct the County Attorney's Office to
44 provide a draft UDO amendment to regulate the retail use of businesses that primarily rely upon
45 the sale of tobacco and hemp products. The intent is to limit exposure of youth to such products,
46 as well as ensure that they are not densely focused in any part of Orange County. The County
47 Attorney's Office, basing proposed amendment language on recently-adopted amendments to
48 Wake County's ordinances for similar purposes, provided draft language to the Planning &
49 Inspections Department for presentation as a UDO amendment.
50
51 Orange County is proposing to amend the UDO to:
41
1 1. Define "Tobacco and Hemp Retail" use;
2 2. Allow "Tobacco and Hemp Retail" as use in NR-CD zoning districts; and
3 3. Require that any such establishment be at least 1,000 feet from any of the following:
4 A. Tobacco and Hemp Retail;
5 B. Schools, including:
6 Schools: Performing Arts, Sports, and Recreation,
7 Schools: Preparatory,
8 Schools: Technical, Trade, and Skill Training, and
9 Schools: Universities, Colleges;
10 C. Parks and Recreational Facilities; and
11 D. All Residential Uses
12 The Orange County Board of Health approved a Letter of Support (Attachment 3), signed April
13 24, 2024, providing health and policy reasons for adopting the language presented, and providing
14 context for how Orange County's amendment of the UDO will be consistent with similar recent
15 actions throughout the state.
16
17 In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement, the
18 proposed amendments were sent to both towns for comment on March 19, 2024. No comments
19 were received.
20
21 Planning Board Recommendation: At its May 1, 2024 meeting, the Board voted unanimously to
22 recommend approval of the Statement of Consistency and the UDO amendment package. An
23 excerpt of the draft May 1, 2024 Planning Board minutes and the Planning Board's signed
24 Statement of Consistency are provided at Attachment 4. Prior to making its recommendation, the
25 Planning Board reviewed the materials in an "Ordinance Review Committee" meeting on April 3,
26 2024. Materials for this meeting are available at:
27 https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04032024-1982.
28
29 Planning Director's Recommendation: The Planning Director recommends approval of the:
30
31 1. Statement of Approval and Consistency indicating the text amendments are reasonable
32 and in the public interest, as contained in Attachment 1.
33
34 2. Unified Development Ordinance (UDO) text amendments, as contained in Attachment 2.
35
36 Cy Stober, Planning and Zoning Director, made the following presentation:
37
38 Slide #1
i
ORANGE COUNTY
NORTH CAROLINA
Item 5d: UDO Text Amendment-
Tobacco and Hemp Retail Use
39
42
1 Slide#2
What is Tobacco and Hemp Retail?
TOB GOAG 8 VA��SJ
�
rR 5
ORANGE COUNTY
NORTH C'AROLINA
2
3
4 Slide #3
What is Tobacco and Hemp Retail?
E-tiquid or food produCt?
0
Fati Frc
innaro -
ORANGE COUNTY
NORTH(:AROLTNA
5
6
7
43
1 Slide#4
What is Tobacco and Hemp Retail?
L ?'• F COUNTY
l�LTN Ear �IIEAETIS OEPANfNEMT
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b�.w
marts kh...���m
�1
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #5
What is Tobacco and Hemp Retail?
A retail store with principal sales and/or distribution of:
a)any productthat contains tobacco or nicotine,irrespective of whetherthe nicotine is
tobacco-derived or synthetic,and is intended for human consumption,as defined by
G.S. § 14-313(4), including but not limited to:cigarettes, cigars,pipe tobacco,
electronic cigarettes, hookah,smoked orvaped tobacco substitutes,chewingtobacco,
snuff,snus,dissolvable tobacco products,and heated tobacco products. Excluded
from this definition are tobacco products approved bythe USFDA fortreatment of
tobacco use and dependence.
b)any product that contains tetrahydrocannabinol(THC),irrespective ofwhetherthe
THC is hemp derived orsynthetic. Excluded from this definition are products that
contain no greaterthan 0.3 percent THC.
c)any product that contains Mitragyna speciosa,commonly known as kratom.
14Q�_�
ORANGE COUNTY
NORTH CAROLINA
5
44
1 Slide #6
What is Tobacco and Hemp Retail?
A retail store with principal sales and/or distribution of:
a)any product that contains tobacco or nicotine,irrespective of whether the nicotine is
tobacco-derived or synthetic, and is intended for human consumption, as defined by
G.S. § 14-313(4), including but not limited to: cigarettes, cigars, pipe tobacco,
electronic cigarettes,hookah,smoked orvaped tobacco substitutes,chewing tobacco,
snuff, snus, dissolvable tobacco products, and heated tobacco products. Excluded
from this definition are tobacco products approved by the USFDA for treatment of
tobacco use and dependence.
b) any product that contains tetrahydrocannabinol (MC), irrespective of whether the
THC is hemp derived or synthetic. Excluded from this definition are products that
contain no greater than 0.3 percentTHC.
c)any product that contains Mitragyna speciosa,commonly known as kratom.
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #7
What is Tobacco and Hemp Retail?
Prior actions by Wake County and Cumberland County to regulate such
primary uses.
— Towns of Apex,Knightdale,Rolesville,and Zebulon have taken similar land use regulatory action
Draft language prepared by CountyAttorney's Office and Planning
Department in response to commissioner request.
Language similar to that used elsewhere and consistent with regulations
of land uses(i.e.Sexually Oriented Businesses) in which minimizing
youth exposure is an intended goal.
ORANGE COUNTY
NORTH CAROLINA
5
6
7
45
1 Slide#8
Proposed Amendments
• Regulate Use
Tobacco and Hemp Retail uses must be located at least 1,000 feetfrom the
following land uses:
(a)Tobacco and Hemp Retail;
(b)Schools,including:
(i)Schools: Performing Arts,Sports,and Recreation,
(ii)Schools:Preparatory,
(iii)Schools:Technical,Trade,and Skill Training,and
(iv)Schools:Universities,Colleges;
(c)Parks and Recreational Facilities;and
(d)all Residential Uses.
ORANGE COUNTY
NORTH CAROLINA
2
3
4 Slide #9
Proposed Amendments
• Define Use
• Permit Use
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a,Rl in�ra�
ORANGE COUNTY
NORTH CAROLINA
5
46
1 Slide #10
Staff Analysis and Recommendation
The Planning Director recommends approval of the text
amendments (Attachment 2), and the Statement of Approval
and Consistency(Attachment 1) as being reasonable and in
the public interest define, permit, and regulate "Tobacco and
Hemp Retail" use as a primary land use.
ORANGE COUNTY
NORTH CAROLINA
2
3 Chair Bedford asked if the reason libraries were not included because the libraries are
4 located within town limits.
5 Cy Stober said he did not know. He said the regulation could be amended should the
6 need arise.
7 Commissioner Fowler said she appreciated everyone who worked on the language. She
8 said she hopes it serves as a model for the towns within Orange County. She asked the Clerk to
9 the Board to share the language with the town clerks.
10 Commissioner Hamilton said it is an important issue. She said that other communities
11 included halfway housing and residential rehabilitation support facilities. She asked why the
12 county's proposal did not include those.
13 Cy Stober said they are uncommon uses, but they could be included with a friendly
14 amendment. He said there are group homes in Orange County.
15 Commissioner Hamilton made a friendly amendment to include those kinds of facilities.
16 Commissioner McKee seconded the friendly amendment.
17 Chair Bedford asked for the definition of those facilities.
18 Cy Stober said it would be family care facilities and group homes.
19 Chair Bedford clarified that it could be for any kind, whether it is IDD or prison release.
20 Cy Stober said it is not defined at that level in the LIDO.
21 Commissioner Fowler asked if those would be included in residential.
22 Cy Stober said they are. He said that group homes are special uses in residential, so it is
23 all permitted and captured in the UDO.
24 Chair Bedford said that the friendly amendment would not be needed since it is already
25 captured in the LIDO.
26 Cy Stober said yes.
27
28 A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
29 open the public hearing.
30
31 VOTE: UNANIMOUS
32
33
47
1 PUBLIC COMMENTS:
2 There was no one signed up to speak.
3
4 A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
5 close the public hearing.
6
7 VOTE: UNANIMOUS
8
9 A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to
10 approve the Statement of Consistency as detailed in Attachment 1 and UDO Text Amendments
11 in Attachment 2.
12
13 VOTE: UNANIMOUS
14
15 6. Regular Agenda
16 a. Establishing a Framework for School Bond Projects and Capital Funding
17 The Board established a framework for School capital project funding associated with the 2024
18 Bond Referendum and other high priority capital needs.
19
20 BACKGROUND: The Board of County Commissioners is in the process of formally adopting a
21 school bond question to be placed on the November 2024 ballot. The Board has established a
22 not to exceed bond amount of$300 million and intends to pair the bond with a significant increase
23 in pay-go funding with the goal of providing an additional $100 million in new pay-go funds over
24 the next ten years.
25
26 At the May 21, 2024 Business meeting, the Board received presentations from the County and
27 the two Districts on their preferred spending plans for the bond. At the May 23, 2024 budget work
28 session, the Board discussed the plans presented and the framework that will be used for
29 allocating capital funds to each District in the future. Based on that discussion, the Board will
30 proceed with the following framework for allocating capital funding for school projects:
31
32 1. Project Funding
33
34 School capital projects will be funded based on consistency with the principles of the
35 Woolpert Plan that endeavors to replace old facilities with new facilities, improve the
36 educational adequacy of the buildings, and address high priority capital needs throughout
37 each district. During the course of the ten-year capital plan, the County recognizes that
38 circumstances change and priorities and projects may need to be adjusted. As a result,
39 the capital plan will be reviewed at least annually to make any necessary adjustments.
40
41 a. Based on available funding, the Board intends to fund three major projects in the
42 Chapel Hill Carrboro City Schools District: a new middle school to replace existing
43 school capacity, a replacement of Carrboro Elementary, and a replacement of
44 Culbreth Middle School.
45
46 b. Based on available funding, the Board also intends to fund three major projects in
47 the Orange County Schools District: a new elementary school to replace existing
48 school capacity, a replacement of Orange Middle School, and a rebuild or
49 significant renovation of an additional elementary school that improves educational
50 adequacy.
51
48
1 c. Specific high priority needs will be formally determined on an annual basis and be
2 consistent with the Woolpert high priority definitions:
3
4 i. Level 1 — Critical — Failure of components impact the facility's ability to
5 remain open
6 ii. Level 2 — Essential — Failure of components impact the health of major
7 systems (i.e. leaking roofs)
8 iii. Level 3 — Necessary — Failure of components could impact the facility's
9 efficiency and usefulness
10
11 2. Funding Amounts
12 a. If the bond referendum is approved, bond funding will be distributed to the Districts
13 based on Woolpert's project recommendations. $174.7 million will be allocated to
14 Chapel Hill Carrboro City Schools and $125.3 million will be allocated to Orange
15 County Schools.
16
17 b. New pay-go funding will also be distributed based on the Woolpert
18 recommendations with the goal of providing project management to both districts
19 and design funds for new construction starting in FY 2025-26.
20
21 c. High priority needs will be funded using any remaining bond and pay-go funds,
22 annual maintenance funds, lottery proceeds, and existing capital balances.
23
24 d. Combined, the Board's goal is to provide approximately $263 million or 59.86% of
25 total funding to Chapel Hill Carrboro City Schools and approximately $176 million
26 or 40.14% of total funding to Orange County Schools for the ten-year period of FY
27 2025-26 through FY 2034-35.
28
29 e. Article 46 funds will continue to be distributed to the Districts based on the average
30 daily membership excluding charter students, and recurring capital will be
31 distributed to the Districts based on average daily membership including charter
32 students.
33
34 3. Project Budgeting
35
36 The County will specifically enumerate major projects and high priority needs in separate
37 project budgets by facility. Staff will draft an updated School Funding Policy that details
38 the project budgeting process and present that revised policy to the Board of
39 Commissioners in the Fall of 2024.
40
41 Travis Myren, Deputy County Manager, made the following presentation:
42
43
49
1 Slide#1
Agenda Item B.a.
ORANGE COUNTY
NORTH CAROLINA
Framework for School Capital
Project Funding
Board of Commissioners Business Meeting
June 4, 2024
2
3
4 Slide #2
Decision Points
• Correction to Tax Rate in Financial Impact section
— The tax rate increase associated with the$300 million school bond is 3.41 cents, not
8.88 cents.
• Purpose
— To establish a framework for school capital project funding associated with the 2024
bond referendum and other high priority capital needs.
�1
2 ORANGE ACOUNA Y
5
6 Commissioner McKee asked if this discussion was related to the bond language on the
7 ballot.
8 Travis Myren said no.
9 Commissioner McKee said it will cost the residents of the county 8.88 cents for all the
10 pieces of the plan, not just the part related to the bond. He said he wanted to be clear with the
11 residents.
12 Travis Myren said that the 8.88 is based on a whole variety of assumptions and not the
13 least of which is how the projects will be sequenced.
14 Commissioner McKee said that they cannot predict interest rates. He said that a lot of
15 borrowing occurs later in the sequence. He said a lot of it will not be borrowed day one.
50
1 Slide#3
Timeline
• Woolpert Findings—November 2023 Board of Commissioners role in capital
— Facility Condition Assessment budgeting—May 2024
• Utilization, Educational Adequacy,Facility Condition Index May appropriate by specific project
— Long Range Facilities Optimization Plan Options for managing design and construction
• Over$1 billion in needs over fifteen(15)years
• Preferred Plan of Finance—January 2024 School Project Report—May 2024
$300 million general obligation bond County,Chapel Hill Carrboro City Schools,Orange
$100 million in pay-go over ten(10)years County Schools
Tax rate increase of 8.88 cents
Depends on sequence and pace of projects Options for Allocating Capital Funding—May
• May be phased in over several years with higher cumulative 2024
impact
• Major Projects by project
• High Priority Needs by project
• School Capacity and Student Projections— Recurring capital and Article 46 by ADM with and
January 2024 without Charter students
— NC State Operations Research and Education Laboratory
(OREd)projects no net new schools needed in ten(10)
years.
— Capacity adjustments for Exceptional Children and Pre-
School classrooms
�1
3 ORoRrH GE COUNTY
2
3 Commissioner Richards asked for clarification on the allocation of Article 46 funds without
4 factoring in charter students.
5 Travis Myren said last year they allocated Article 46 funds by ADM not including charter
6 students. He said the reoccurring capital policy funding formula did not change and it still includes
7 charter students.
8 Commissioner Richards asked if that is the current policy for reoccurring capital. She
9 clarified that only Article 46 is without charter students.
10 Travis Myren said that it is the current policy, and it could be changed at any time, but
11 based on the Board's current policy, the Article 46 is the only thing that does not include charter
12 students.
13 Commissioner Richards said there were actions before Woolpert. She said it is informative
14 to include the conditions that drove the county to ask Woolpert to assess the facilities. She asked
15 for a statement that explains how the county got there. She said that it would be informative for
16 everyone.
17 Travis Myren said there had been studies and discussions about estimates of the need
18 well before they were hired.
19 Chair Bedford said there was also a school's facilities task force.
20 Commissioner Richards said it has been two years of struggling through.
21 Commissioner McKee said that also goes back to the previous bond.
22 Chair Bedford said it goes back to 2013 for studies that the school systems provided.
23
24
25
51
1 Slide #4
Framework for Allocating Capital Funding
• In general, projects will be consistent with the Orange County Schools Major Projects
principles of the Woolpert Plan - New elementary school to replace existing capacity
— Replacement of Orange Middle School
— Rebuild or significant renovation of an additional
• Circumstances change elementary school that improves educational adequacy
— May need to adjust projects,timing,or both
— Review of capital plans at least annually for adjustments
• High Priority Needs
• Major Projects Planned now for full ten(10)year plan but formally
determined on an annual basis and consistent with
— Funded by G.O.Bond and pay-go High Priority Needs definitions:
• Chapel Hill-Carrboro City Schools Major Projects Level 1—Critical—Failure of components impact the
facility's ability to remain open
— New middle school to replace existing capacity Level 2—Essential—Failure of components impact
— Replacement of Carrboro Elementary the health of major systems(i.e.leaking roofs)
— Replacement of Culbreth Middle Level 3—Necessary—Failure of components could
impact the facility's efficiency and usefulness
• Life cycle replacements with one to three (1-3)
years of remaining useful life at the time the study
was completed
�1
a ORAN HE COUNTY
2
3 Travis Myren said that CHCCS Board of Education will meet on Thursday to discuss their
4 project plans. He said that there is no projection right now calling for net new capacity.
5
6 Slide #5
Application of Funding Sources
• General Obligation Bond
— Determined by Woolpert Recommendations Total funding from all sources for Major Projects
— CHCCS-$174.7 million and High Priority Needs
— OCS-$125.3 million — CHCCS—approximately$263 million(59.86%)
— OCS—approximately$176 million(40.14%)
• Pay-Go
— Goal of providing$100 million over ten(10)years Remaining Sources
— Funding for design funds and project management based — Recurring capital—average daily membership with charter
on Woolpert recommendations students
— Article 46 Sales Tax—average daily membership without
• High Priority Needs charter students
— Level 1,2,and 3 priorities and lifecycle replacements with
one to three years of useful life at the time of the study
— Remaining bond funds and/pay-go
— Annual maintenance
— Lottery Proceeds
— Existing capital balances
ORANGE COUNTY
5 1,I0R717H CAROLINA
7
8
9
52
1 Slide #6
Project Budgeting
• Specifically appropriate by project
- Major Projects
- High Priority Needs
• school Funding Policy
- Direct staff to revise the school funding policy consistent
with the new capital funding framework
- Board review in fall 2024
ORANGE COUNTY
fi NORTH CAROLINA
2
3
4 Slide #7
Questions
ORANGE COUNTY
7 NOR"1'1-I CAROr.1NA
5
6 Commissioner Portie-Ascott asked about slide #4. She asked why the majority of
7 comments earlier in the evening were about McDougle schools and Estes Hills Elementary when
8 they are not on the list to replace.
9 Travis Myren said the projects that they would identify would be the replacement projects.
10 He said they would not be charged with deciding about the closures of schools. He said they only
11 focus on funding specific replacements rather than making decisions about what happens after
12 that.
13 Chair Bedford said if the school board changed their mind, the process would then mean
14 it would come back to the commissioners since they are doing project-based funding.
53
1 Travis Myren said specific project approval would not happen until the actual year of
2 appropriation. He said that approval of the plan does not automatically appropriate funds for
3 projects.
4 Chair Bedford said that we want a plan that follows the Woolpert principles, but that we
5 want to remain flexible.
6 Commissioner Hamilton said the discussion makes it clear that as commissioners, they
7 will be focused on projects. She said there may be changes, but if the project does not fit, it would
8 not be funded. She said it is important that their intent happens, but they have to be flexible when
9 projecting out in the future.
10 Chair Bedford said they want to be clear that the split in the amounts for each district are
11 firm, even if projects come in over budget. She asked that be clear in any communications.
12 Travis Myren clarified that if they want dollar values or percentage splits.
13 Commissioner McKee said it needs to be project based since that is what they have
14 decided.
15 Chair Bedford said the money will not change even if projects come in over budget.
16 Commissioner Hamilton said there is a dollar amount split for the bond, and a dollar
17 amount split for the total funding. She asked if they needed both of those.
18 Travis Myren said the only amount that is being set right now is the bond amount. He said
19 based on annual funding decisions the other amounts for recurring capital.
20 Commissioner Richards said Article 46 could change.
21 Commissioner Hamilton said Article 46 is outside of that and she understands that pay-go
22 may change overtime.
23 Travis Myren said they will set a not-to exceed for the bond.
24 Commissioner McKee said since they had not set a dollar amount for the other funds that
25 it would remain on the percentage.
26 Travis Myren said his understanding is that the bond amounts will be specified by dollar
27 amount and then everything else by project so they will know what specific dollars are associated
28 with the projects.
29 Commissioner McKee said he wants to make sure it is proportionate for both school
30 systems.
31 Commissioner Richards said both are ADM and the only difference is with or without
32 charters. She said that is what they have decided.
33 Commissioner McKee said that is what he heard but he wants to make sure.
34 Vice-Chair Greene asked what they discussed on other projects.
35 Commissioner Richards said that projects are pay-go and not proportionate to ADM.
36 Commissioner Hamilton said it is specified in slide #3 it was listed as by major projects.
37
38 PUBLIC COMMENTS:
39 Leah Milks said that she is with McDougle schools. She said that one of the very first
40 projects is to build the new middle school and that will start to dismantle the schools. She said the
41 elementary school will be divided into four to five different schools. She said that is the factor that
42 brings them to the table. She said if this plan does not change, when the proposals come to the
43 commissioners for project approval, that they really consider the disruption to students.
44 Heather Kenneally said that the Board should take their time because Woolpert is a
45 consultant that knows the buildings but they do not know the schools. She said that in 2022 there
46 was a proposed capital investment plan, and the schools were ranked. She said that Culbreth
47 and McDougle Middle were not on the list. She said that the people that work in their facilities
48 know their schools. She said that the Orange County Schools Public Facilities Ordinance shows
49 that there is not a need for a new elementary or middle school for the next ten years. She said
50 that no one was talking about it until now. She said their power is in the framework. She said that
51 teachers will be impacted.
54
1 Kari Hamel asked the Board to consider that no one from the Orange County community
2 spoke on the bond at the meeting. She said that on May 29t", she asked that all Board meetings
3 be recorded in both districts to deal with facilities bonds and construction. She said that she was
4 the only person that was there. She said that she is afraid that most of the community knows
5 nothing about the plan. She said that steel and doorknobs are not the way to go about this. She
6 asked that all Board meetings be recorded. She said the school community does not have the
7 opportunity to know the framework.
8 Heather Thompson said the Woolpert report shows enrollment and capacity numbers at
9 all the facilities. She confirmed that the McDougle Elementary and Middle Schools square footage
10 are combined in the report. She said that the capacity figures are not accurate. She said that
11 combined, it shows they have a capacity of 770 students and that is not accurate. She said that
12 there is 699 for both schools showing and in reality, there are over 700 just at the middle school.
13 She said that over 1200 students will be impacted on the McDougle campus alone. She said that
14 the quantity of students is not small. She said they are alarmed by the plan and said she hopes
15 the commissioners put in the right safeguards.
16 Peter Halpen said it is not clear to him in all of the discussions of where the impetus is to
17 close schools. He asked if that was a contingency for approval. He asked if it was what the
18 districts are doing on their own. He said that it does not seem to be that Orange County is the one
19 pushing the closures. He asked where the impetus is coming from.
20 George Griffith, CHCCS Board of Education Chair, said that staff brought the plan on May
21 14 at a subcommittee meeting. He said that at their meeting on May 16, it was late, and the school
22 board agreed that staff should bring the plan to the Board of County Commissioners on May 21 st
23 with the understanding that the School Board would discuss further in June and also make any
24 changes that the Board of Commissioners needed. He said that the school board is listening, and
25 he wanted to clarify why Woolpert was done. He said that they are just at the beginning of this
26 process. He said that he cannot speak for the whole board, but he anticipates that there will be
27 alternatives based on the community input heard so far.
28 Karin Crozier said that they have heard several times that the process is just evolving.
29 She said it does not feel good that they have invested $900,000 in the Woolpert plan getting many
30 specific details, but they have not spent time gathering information on, input from the community,
31 staff, or children's mental health. She said it feels suspicious that they had all of the money to
32 count ceiling tiles, but not enough for community input and equity inclusion. She said they needed
33 a more well-rounded picture.
34
35 A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to
36 approve the framework for school capital funding as detailed in the abstract.
37
38 VOTE: UNANIMOUS
39
40 b. Approval of a Contract with The Chamber for a Greater Chapel Hill-Carrboro to Provide
41 Community Advocate Services in Partnership with Chapel Hill and Carrboro
42 The Board approved a contract with The Chamber for a Greater Chapel Hill-Carrboro to provide
43 Community Advocate services that will support existing enterprises and new business starts in
44 Orange County that are owned by Black, Latine, and refugee individuals as well as individuals
45 with disabilities.
46
47 BACKGROUND: At its March 12, 2024 work session, the Board of Commissioners discussed a
48 proposal from The Chamber for a Greater Chapel Hill-Carrboro to jointly fund a Chamber
49 employee to support the growth of new and existing Black, Latinx, and refugee owned businesses.
50 Under the proposal, Orange County would contribute $30,000 per year to support the position.
51 The other funding partners would be the Town of Chapel Hill, Town of Carrboro, and the Chamber.
55
1 The Town of Chapel Hill would contribute $30,000 annually, and the Town of Carrboro would
2 contribute $20,000 annually. Both of those commitments would be for three years.
3
4 The Board asked that staff create a contract for these services. The term of the contract is July
5 1, 2024 through June 30, 2027 and would require the County to contribute $30,000 annually
6 during the three-year term.
7
8 Based on feedback from the Board, the contract contains the following features:
9
10 1. Expands the scope of the populations served to include individuals with disabilities.
11
12 2. Information to small business owners, local farms, and food processing ventures about the
13 County's Small Business Grant &Agriculture Grant programs.
14
15 3. Introduction to the County's small business assistance counselors, including Durham
16 Technical Community College's "Small Business Center", the LAUNCH Chapel Hill tech
17 incubator, the Small Business Technology Development Center(SBTDC), SCORE mentors,
18 the Piedmont Food Processing Center, EMPOWERment, Inc. & Brightpath Solutions, the
19 North Carolina Department of Administration's "N.C. Minority Business Development Agency
20 Business Center", the U.S. Small Business Center, and the Self-Help Credit Union.
21
22 4. Referrals to Orange County Economic Development and the Towns' economic development
23 staff to locate suitable real estate locations.
24
25 5. Coordination of workforce development and talent access strategies with the Orange County
26 Department of Social Services, NC Works/Skills Development Center office, and Durham
27 Technical Community College.
28
29 6. Introduction of agricultural ventures to Orange County Cooperative Extension for direct
30 assistance.
31
32 7. Seek and incorporate feedback from Orange County Economic Development, Chapel Hill
33 Economic Development, and Carrboro Economic Development offices.
34
35 8. Provide annual reports to the Orange County Board of County Commissioners and more
36 regular reports to the County Manager and economic development staff.
37
38 The Board decided not to discuss the item and moved forward with taking action on the
39 item.
40
41 A motion was made by Chair Bedford, seconded by Commissioner Richards, to approve
42 and authorize the Manager to sign the contract with The Chamber for a Greater Chapel Hill-
43 Carrboro for Community Advocate services that will support existing enterprises and new
44 business starts in Orange County that are owned by Black, Latine, and refugee individuals as well
45 as individuals with disabilities.
46
47 VOTE: UNANIMOUS
48
49 7. Reports
50 None.
51
56
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 McKee, to
8 approve the consent agenda.
9
10 VOTE: UNANIMOUS
11
12 a. Minutes
13 The Board approved the draft minutes for the April 9, 2024 and April 16, 2024 BOCC Meetings as
14 submitted by the Clerk to the Board.
15 b. Motor Vehicle Property Tax Releases/Refunds
16 The Board adopted a resolution to release motor vehicle property tax values for five (5)taxpayers
17 with a total of five (5) bills that will result in a reduction of revenue.
18 c. Property Tax Releases/Refunds
19 The Board adopted a resolution to release property tax values for six (6) taxpayers with a total of
20 six (6) bills that will result in a reduction of revenue.
21 d. National Gun Violence Awareness Day Proclamation
22 The Board approved a proclamation recognizing June 7, 2024 as National Gun Violence
23 Awareness Day.
24 e. Approval of Senior Lunch Caterer Contract
25 The Board approved a food service caterer contract to provide noon meals for the Home and
26 Community Care Block Grant-funded Senior Lunch Program at the Seymour and Passmore
27 Centers for the period July 1, 2024 to June 30, 2026.
28 f. Approval to Purchase Real Property—Kittrell-McAdoo Tract, and Grant of Conservation
29 Easement to North Carolina Land and Water Fund
30 The Board approved 1) the County's purchase of the Kittrell-McAdoo Tract, and 2)the granting of
31 a conservation easement to the North Carolina Land and Water Fund as a condition of that
32 agency's grant toward the purchase.
33 g. Opioid Spending Authorization Resolutions
34 The Board approved the revised Opioid Settlement Spending Authorization Resolutions that
35 reflect corrections required by the North Carolina Association of County Commissioners (NCACC)
36 Opioid Settlement Technical Assistance Team (OSTAT).
37 h. Major Subdivision Preliminary Plat Application —Williams Glen
38 The Board reviewed and approved the Williams Glen Major Subdivision Preliminary Plat
39 application for the property with Parcel Identification Number 9883-09-8108, immediately east of
40 Lawrence Road, in accordance with the provisions of Section 2.15 and Article 7 of the Unified
41 Development Ordinance (UDO).
42 i. Fiscal Year 2023-24 Budget Amendment #10
43 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year
44 2023-24.
45
46 9. County Manager's Report
47
48 Projected June 6, 2024 Budget Work Session Items
49 Discussion and Decisions on Manager's Recommended FY 2024-25 Budget & 2024-34 Capital
50 Investment Plan (CIP) and Proposed Amendments
51 Discussion and Decisions on FY 2024-25 County Fee Schedule and Tax Rates
57
1 Resolution of Intent to Adopt FY 2024-2025 Budget
2
3 Projected June 11, 2024 Closed Session Items
4 Manager's Evaluation
5 Clerk's Evaluation
6 Attorney's Evaluation
7
8 Bonnie Hammersley reviewed the agenda for the June 6 budget work session.
9
10 10. County Attorney's Report
11 John Roberts had no report.
12
13 11. Appointments
14 a. 2024 Bond Education Committee —Appointments Discussion
15 The Board discussed and approved appointments to the positions on the 2024 Bond Education
16 Committee and approve representatives to serve as Committee co-chairs from the Board of
17 County Commissioners (BOCC).
18
19 BACKGROUND: The charge and composition for the 2024 Bond Education Committee were
20 established at the Board's April 16, 2024 Business Meeting. The Committee is charged to:
21
22 • Become familiar with the purpose of the bond order
23 • Become familiar with the projects expected to be addressed with bond funds
24 Understand the community needs that led the Board of Commissioners to adopt the bond
25 order
26 • Assist in developing appropriate informational materials that will address the bond orders
27 • Assist in designing and implementing a campaign to distribute relevant factual information
28 about the bonds to Orange County residents in the most effective and efficient manner
29 possible, using multiple media and information outlets
30 • Assist in designing and implementing a process for information meetings with civic groups,
31 non-profit agencies, neighborhood associations, and other interested parties in the
32 community
33 • Ensure that equal access to information is provided to all individuals and groups,
34 regardless of their position for or against any bond order
35 • Encourage all eligible voters to participate in the November 51" election
36
37 The Board appoints six (6) community members, and the two (2) members of the BOCC who will
38 serve as Co-chairs of the Committee. The Chapel Hill-Carrboro City Schools Board of Education
39 and the Orange County Schools Board of Education will each designate two (2) representatives
40 to serve on the Committee.
41
42 The following positions are presented for Board consideration:
43
NAME POSITION DESCRIPTION EXPIRATION DATE
BOCC Appointment Resident— CHCCS District 11/30/2024
BOCC Appointment Resident— CHCCS District 11/30/2024
BOCC Appointment Resident— CHCCS District 11/30/2024
BOCC Appointment Resident—OCS District 11/30/2024
BOCC Appointment Resident— OCS District 11/30/2024
BOCC Appointment Resident— OCS District 11/30/2024
58
BOCC Appointment BOCC Representative 11/30/2024
Co-chair
BOCC Appointment BOCC Representative 11/30/2024
Co-chair
1
2 Tara May, Deputy Clerk to the Board, introduced the item.
3 Chair Bedford moved to appoint Commissioner Hamilton and Commissioner Portie-Ascott
4 as the BOCC representatives for the Bond Education Committee. Vice-Chair Greene seconded
5 the motion.
6
7 VOTE: UNANIMOUS
8
9 Chair Bedford explained the process for appointing individuals to the committee. She said
10 that each commissioner would get three votes.
11 Vice-Chair Greene said that Melody Kramer is no longer interested in serving on the
12 committee.
13 Commissioner Richards nominated Anissa McLendon. Chair Bedford seconded the
14 nomination.
15 Vice-Chair Greene nominated Sara Ruotsala.
16 Commissioner Fowler nominated Benjamin Alschuler.
17 Chair Bedford nominated Kulwadee Yung.
18 Commissioner Hamilton nominated Andrea Tanner.
19 Commissioner Richards explained why she thought Anissa McClendon's experience
20 would be helpful on the committee.
21 Vice-Chair Greene explained her support for Sara Ruotsala.
22 Commissioner Fowler explained some of the strengths of Sara Ruotsala's application.
23 Commissioner Fowler explained how Benjamin Alschuler's experience would be helpful
24 on the committee.
25 Chair Bedford explained how Kulwadee Yung's experience would be helpful on the
26 committee.
27 Commissioner Hamilton explained how Andrea Tanner's experience would be beneficial
28 to the committee.
29
30 The Board indicated their support for each nominee with a show of hands. The results
31 were as follows:
32 o Anissa McLendon received unanimous support. (7 votes)
33 o Sara Ruotsala received one vote from Vice-Chair Greene. (1 vote)
34 o Benjamin Alschuler received votes from Chair Bedford, Commissioner Fowler,
35 Commissioner Hamilton, Commissioner Portie-Ascott, Commissioner McKee, and
36 Commissioner Richards. (6 votes)
37 o Kalwadee Yung received one vote from Chair Bedford. (1 vote)
38 o Andrea Tanner received votes from Vice-Chair Greene, Commissioner Fowler,
39 Commissioner Hamilton, Commissioner Portie-Ascott, Commissioner McKee, and
40 Commissioner Richards. (6 votes)
41
42 Commissioner Fowler moved to approve Anissa McLendon, Benjamin Alschuler, and
43 Andrea Tanner as the CHCCS representatives on the Bond Education Committee. Commissioner
44 McKee seconded the motion.
45
46 VOTE: UNANIMOUS
47
59
1 The Board then discussed the applicants for the Orange County Schools representatives
2 on the Bond Education Committee.
3 Commissioner McKee nominated Jason Johnson.
4 Commissioner Portie-Ascott nominated Matt Hughes.
5 Commissioner Fowler nominated Samantha Earnhardt.
6 Chair Bedford nominated Vina Modaress.
7 Commissioner McKee nominated Danielle Price.
8 Commissioner McKee explained how Jason Johnson's experience as a principal at
9 Orange High School would be beneficial to the committee.
10 Commissioner Portie-Ascott said Matt Hughes is heavily involved in the community and
11 served on the previous Bond Education Committee.
12 Commissioner Fowler explained how Samantha Earnhardt's background and experience
13 would be beneficial to the committee.
14 Chair Bedford explained how Vina Modaress's background and experience would be
15 helpful to the committee.
16 Commissioner McKee explained how Danielle Price's experience would be helpful to the
17 committee.
18
19 The Board indicated their support for each nominee with a show of hands. The results
20 were as follows:
21 o Jason Johnson received unanimous support. (7 votes)
22 o Matt Hughes received two votes, from Commissioner Portie-Ascott and Greene.
23 (2 votes)
24 o Samantha Earnhardt received votes from Chair Bedford, Vice-Chair Greene,
25 Commissioner Fowler, Commissioner Hamilton, Commissioner Portie-Ascott, and
26 Commissioner Richards. (6 votes)
27 o Vina Modaress received votes from Chair Bedford, Commissioner Fowler,
28 Commissioner Hamilton, Commissioner McKee, and Commissioner Richards. (5
29 votes)
30 o Danielle Price received one vote from Commissioner McKee. (1 vote)
31
32 Chair Bedford moved to approve Samantha Earnhardt, Jason Johnson, and Vina
33 Modaress as the OCS representatives on the Bond Education Committee. Commissioner Fowler
34 seconded the motion.
35
36 VOTE: UNANIMOUS
37
38 12. Information Items
39 • May 21, 2024 BOCC Meeting Follow-up Actions List
40 • Tax Collector's Report— Numerical Analysis
41 . Tax Collector's Report— Measure of Enforced Collections
42 • Tax Assessor's Report— Releases/Refunds under$100
43 • Memorandum - Transfer of Master Gardener Funds Held by County to Master Gardener
44 Volunteer Association of Orange County North Carolina
45
46 13. Closed Session
47 The previously scheduled closed session was removed from the agenda and will be added to the
48 agenda for the June 6 budget work session.
49
50
60
1 Adjournment
2
3 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
4 adjourn the meeting at 10:47 p.m.
5
6 VOTE: UNANIMOUS
7
8 Jamezetta Bedford, Chair
9
10
11 Recorded by Laura Jensen, Clerk to the Board
12
13 Submitted for approval by Laura Jensen, Clerk to the Board