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HomeMy WebLinkAboutMinutes 11-08-2012 1 APPROVED 2/5/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING November 8, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, November 8, 2012 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Gwen Harvey, Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff inembers will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Chanqes to the Aqenda Chair Pelissier went through the items at the County Commissioners' places. - Pink sheet - proposed changes to item 5-g, Burlington-Graham Metropolitan Planning Organization Memorandum of Understanding Adding Orange County as a Voting Member; and 5-h, Specific Policies for Board of County Commissioner Advisory Boards - White sheet— PowerPoint for item 7-a regarding the Northern Human Services Center - Yellow sheet— revised resolution for item 7-e, the Orange County Code of Ordinances Regarding Personnel PUBLIC CHARGE The Board of Commissioners pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. 2. Public Comments a. Matters not on the Printed Aqenda (Limited to One Hour—THREE MINUTE LIMIT PER SPEAKER—Written comments may be submitted to the Clerk to the Board.) 2 Don O' Leary said that word on the street says that the County Commissioners do not look forward to his contributions but he will get over it. He spoke about the County Commissioners' association with ICLEI angers him. He said that he is not alone. He made reference to Agenda 21, which intends to erode the rights through regulation and taxation and eliminates ownership and property rights and phases out the Constitution. Agenda 21 states clearly that it intends to eliminate 80% of the population and clearly states that there must be regulation on human reproduction. He quoted Maurice Strong, Founder of the U. N. Environment Program and a backer of ICLEI, "isn't the only hope for the planet that the industrialized civilization collapse," and "a massive campaign must be launched to de-develop the United States," and "it is clear that the current lifestyles and consumption patterns of the affluent middle class can cause a high meat intake, consumption of large amount of frozen and convenience foods, use of fossil fuel, appliances, home and workplace air conditioning, and suburban housing are not sustainable." He said that this is all implemented in Agenda 21 and would be carried out through ICLEI. He made reference to his website, which has the pdf file of Agenda 21: www.ocnc.weebly.com. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members (Three Minute Limit Per Commissioner) Commissioner Jacobs said that he would like to have a report/special presentation from the Elections Director on how the elections went. Commissioner Jacobs said that he is not aware if Orange County is doing anything in reference to Veteran's Day. He said that there used to be an event that recognized the veterans in Orange County. He would like to make this a part of the position that is being advertised in Orange County. 4. Proclamations/ Resolutions/ Special Presentations-NONE 5. Consent Aqenda • Removal of Any Items from Consent Agenda Items f, g, h, and i were removed. • Approval of Remaining Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve the remaining items on the consent agenda as stated below: VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda f. Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendment Schedule for February 2013 Joint Quarterly Public Hearinq — Site Plan Submittal for Proiects Requirinq Stormwater Review The Board considered approving the process components and schedule for a Planning Director initiated Unified Development Ordinance (UDO) text amendment for the February 25, 3 2013 Quarterly Public Hearing concerning submission of formal site plans for projects requiring stormwater plan approval. Commissioner Gordon said that she had a question about this and she had asked Michael Harvey if they could add on page 6, item b, Advisory Boards, Commission for the Environment at the January 2013 meeting. Michael Harvey said that this would be feasible, so she wanted to let the Board know about this addition. A motion was made by Commissioner Gordon seconded by Commissioner Jacobs to approve the Amendment Outline form contained within Attachment 1 and direct staff to proceed accordingly, with the addition on page 6 as stated above. VOTE: UNANIMOUS g_ Burlinqton-Graham Metropolitan Planninq Orqanization Memorandum of Understandinq Addinq Oranqe County as a Votinq Member The Board considered approval of a resolution adding Orange County as a voting member of the Burlington-Graham Metropolitan Planning Organization (BG MPO) to the Memorandum of Understanding (MOU) and authorizing the Chair and County Clerk to execute the MOU. Commissioner Gordon said that she had submitted some editorial changes on the pink sheet at their places and they are acceptable to the BG-MPO. The changes are below: In the Memorandum of Understanding (Attachment 2), use gender neutral language, and correct the sub-section numbers, as follows: 1. Page 6 - 5-d: Change "his alternate" to "his/her alternate" 2. Page 6 - 7: Change "Chairman and Vice Chairman" to "Chair and Vice Chair." 3. Page 9 - second paragraph (after 3 bullets): Change "Chairman and Vice Chairman" to "Chair and Vice Chair." 4. Pages 7 and 9. It appears that there are two sub-sections with the number 10. Correct the numbers for these sub-sections, and the ones that follow them. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve a resolution adding Orange County as a voting member of the Burlington-Graham Metropolitan Planning Organization (BG MPO) to the Memorandum of Understanding (MOU) and authorize the Chair and County Clerk to execute the MOU, with the editorial changes shown above. VOTE: UNANIMOUS h. Specific Policies for Board of County Commissioner Advisory Boards The Board considered approving the resolution approving the board-specific policies for the advisory boards referenced and approving two amendments to the Orange County Board of County Commissioners' Advisory Board Policy and authorizing the Chair to sign the attached resolution. Commissioner Gordon said that she had submitted some editorial changes to this document and they are below: 4 Section III-B Composition - Change the wording to the following: 1. The OUT Board is composed of thirteen (13) voting members 2. The OUT Board does not have alternate members. 3. Members shall represent demographic, geographic, cultural and professional characteristics, as follows: a. Seven members, one from each township in Orange County. b. Six at-large members, with expertise or specific interests in the following areas: (The six bullets are fine as written.) A motion was made by Commissioner Gordon, seconded by Commissioner McKee to approve the resolution, with the editorial changes, approving the board-specific policies for the advisory boards referenced and approving two amendments to the Orange County Board of County Commissioners' Advisory Board Policy and authorize the Chair to sign the attached resolution. VOTE: UNANIMOUS i. Report on Library Interoperability The Board considered the Library Interoperability Report from the Town and County Managers and Library Staff for Orange County and the Town of Chapel Hill, and authorizing staff to proceed with implementation of the first four (4) short term objectives. Commissioner Jacobs said that he asked to have this pulled in order for the public to hear a presentation about the steps the County is taking to work on interoperability of Library Services. He asked Library Services Director Lucinda Munger to give a brief report. Library Services Director Lucinda Munger said that this past fall the staff of the Chapel Hill Public Library and the Orange County Public Library held several meetings to go over the issue of interoperability. This was part of a signed interlocal agreement between both parties. The discussions were very cooperative. The report is the outcome of those sessions. The goal is to improve access for all Orange County residents and to continue to provide high quality library services throughout the County. These are the two primary goals. These were divided into short-term objectives. She thanked the Chapel Hill Library staff who worked on this very cooperatively. Commissioner Jacobs asked about the contribution to the Chapel Hill Library system and Lucinda Munger said that it would be $460,000 for the next fiscal year, which is a 3% increase over the current year. A motion was made by Commissioner Jacobs, seconded Commissioner Hemminger to approve the Library Interoperability Report from the Town and County Managers and Library Staff for Orange County and the Town of Chapel Hill, and authorize staff to proceed with implementation of the first four (4) short term objectives. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from September 6 and 13, 2012 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Release/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to 53 requests for motor vehicle property tax releases or refunds in accordance with NCGS. 5 c. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values for seventy-three (73) taxpayer requests that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved thirteen (13) untimely applications for exemption/exclusion from ad valorem taxation for the 2012 tax year. e. Request for Proposals (RFP) Awards — Library Automation The Board awarded two RFP's for the following Radio Frequency Identification System (RFID) from Bibliotheca, Inc. of Norcross, Georgia at a cost of$58,220.69; and Integrated Library System (ILS) from Innovative Interfaces, Inc. of Emeryville, California at a cost of $138,505 and authorize the Manager to sign the contracts on behalf of the Board subject to final review by staff and the County Attorney. f. Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendment Schedule for February 2013 Joint Quarterly Public Hearinq — Site Plan Submittal for Proiects Requirinq Stormwater Review This item was removed and placed at the end of the consent agenda for separate consideration. g_ Burlinqton-Graham Metropolitan Planninq Orqanization Memorandum of Understandinq Addinq Oranqe County as a Votinq Member This item was removed and placed at the end of the consent agenda for separate consideration. h. Specific Policies for Board of County Commissioner Advisory Boards This item was removed and placed at the end of the consent agenda for separate consideration. i. Report on Library Interoperability This item was removed and placed at the end of the consent agenda for separate consideration. i Chanqe in BOCC Reqular Meetinq Schedule for 2013 The Board changed the location of the BOCC Annual Retreat, which is scheduled for Friday, February 1, 2013 FROM Southern Human Services Center, 2501 Homestead Road, Chapel Hill TO the Solid Waste Administrative Offices, 1207 Eubanks Road, Chapel Hill. 6. Public Hearinqs a. Unified Development Ordinance Text Amendments (Closure & Action Hearinq) — Solar Arrays The Board received the Planning Board's recommendation, closed the public hearing, and considered a decision on Planning Director initiated text amendments to the Unified Development Ordinance (UDO) regarding the review and permitting of solar arrays. Planner Michael Harvey reviewed this item. Attachment 2 establishes the standards for the array. The accessory use of the solar array is limited to 20 kilowatts. Anything over this would be reviewed by the Board of Adjustment as a Class B Special Use Permit. Anything over 100 kilowatts will be reviewed by the County Commissioners as a Class A Special Use Permit with a public utility. The Planning Board recommended unanimous approval with minor modifications, which are in the packet. Commissioner Gordon asked Michael Harvey to summarize the reasoning behind doing 10 kilowatts. Michael Harvey said that this is based on NC Green Power and Piedmont 6 Electric's standard for what is allowed. They decided to go with the Planning Board recommendation of 20 kilowatts because that is what Duke Energy allows. Clarifying questions of County Commissioners were answered by Michael Harvey. Chair Pelissier said that it might be a good idea to re-label items like this because when people see "public hearing" they think it is actually a public hearing. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to adopt the ordinance with the initiated text amendments to the Unified Development Ordinance (UDO) regarding the review and permitting of solar arrays (Attachment 2). VOTE: UNANIMOUS 7. Reqular Aqenda a. Northern Human Services Center Proiect— Next Steps The Board provided specific direction to staff on efforts related to the Northern Human Services Center (NHSC) by Approving "Option 2" as the development path for the project; and Authorizing the Manager to engage a professional design firm for the project through a request for qualifications ("RFQ") process. Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil said that this was presented on October 25th. He did not go through the PowerPoint presentation again. The PowerPoint is included in the packet for reference. There are two options. The first option is to deconstruct the entire facility and building a new 10,000 square foot community center. The second option is to use the center section of the building. Either of those options would include Triangle J High Performance Building Standards throughout the project. The cost estimate is around $2 million for either of the options. This funding is reflected in the Capital Investment Plan this spring. Attachment 3 has a summary of the comments made at the September 25th community meeting. There was very strong consensus that Option 2 would be preferable. The design process will begin in the spring during the capital budget season. Staff is prepared to continue on the path of Option 2 with the Board's approval. Commissioner Hemminger asked about the asbestos situation. Jeff Thompson said that the asbestos is encapsulated and it is in a safe condition. It will be completely cleared out and it will be safe. Frank Clifton said that the internal workings of the building will be removed and only the structure will be retained. Commissioner Hemminger asked if there would be storage for equipment for the park and Jeff Thompson said yes. Commissioner Jacobs asked if sustainable elements would be incorporated and Jeff Thompson said yes. Commissioner Jacobs asked that this be added into the document so that it is part of the understanding going forward. He said that for the people that may not be around in 2015 or whenever this building opens, he would like to request that the Historic Preservation Commission and/or the Orange County School System get together and try and capture some of the history of the Northern Human Services Center. Dave Stancil said that this is already in the works. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve Option 2" as the development path for the project which includes: 7 removal of classroom wings, adaptive re-use of 10,000 square foot center portion; new roof and building systems; standard interior upfit; and authorize the Manager to engage a professional design firm for the project through a request for qualifications ("RFQ") process. VOTE: UNANIMOUS b. Strateqic Information Technoloqy Plan The Board reviewed and provided input on the latest draft of the Strategic Information Technology Plan and considered approval based on the Board discussion. Frank Clifton said that Chief Information Officer Todd Jones is out on extended medical leave and Jim Northup is standing in for him. He said that the document before the Board is in its final stages. Jim Northup introduced Dr. Shannon Tufts from the UNC Center for Public Technology. He said that this document will serve as a guide to technology and capital investment planning. Dr. Shannon Tufts congratulated Orange County on the tremendous effort put into technology services and said that it is one with the highest number of online services in the state compared to other counties of similar size. She said that Orange County is down 6-18 staff compared to where it should be with a similar sized organization. She said that there are many low-cost recommendations such as Information Technology governance, which is where the managers can offer input about technology investments as strategies are being formulated. In terms of external priorities, she stated that the highest priorities should be website upgrades; moving toward paperless agendas; and creating a comprehensive licensing, inspection, and permitting system. One of the County Commissioners' areas of interest was reporting all meetings and that the public should have a right to have access to all meetings. This is a substantial investment. Commissioner Gordon clarified that the Board is only adopting a framework tonight and not making any financial obligations. Commissioner Gordon made reference to page 25 and the recommendation for the County to choose one location for all Board of County Commissioners meetings. She would like to add, "or at most two locations." Shannon Tufts said that this is fine. Shannon Tufts said that there are other options to look at than webstreaming and most of them are low cost. She can document these as well. Commissioner Yuhasz said that he would like to see all of the meetings webstreamed and videotaped. Commissioner Hemminger asked that the IT Governance Committee get started. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to adopt the Strategic Information Technology Plan and to move forward right away on the Information Technology Governance Committee. VOTE: UNANIMOUS c. Bid Award — Buckhorn Mebane Phase 2 Water and Sanitary Sewer, and Approval of Budqet Amendment#3-C The Board considered awarding the bid and approving a construction contract to J.F. Wilkerson Contracting of Morrisville, NC in the amount of$4,016,545.74 for the installation of Buckhorn Mebane Phase 2 water and sanitary sewer system; approving Budget Amendment #3-C for $1,016,546 (last year's Capital Investment Plan (CIP) cost estimate did not include some cost efficient water and sewer scope additions that can be completed in this phase rather than during later phases); authorizing the Chair to sign the contract on behalf of the Board of County Commissioners, subject to final review by the County Attorney; and 8 authorizing the Manager to execute individual change orders within the limit of the Manager's authority ($250,000) up to the extent of the project budget. Planning Director Craig Benedict made a PowerPoint presentation. The funds for this were made available by the November election of 2011which approved the '/4 cent sales tax Bid Award Buckhorn Mebane Phase 2 Water and Sanitary Sewer and Approval of Budget Amendment#3-C Purpose • Awarding the Bid to J.F. Wilkerson Contracting • Approve Budget Amendment#3-C • Authorize the Chair to Sign the Contract • Authorize the Manager to Execute Individual Change Orders, As Necessary Project Vicinity • Part of 3,000 acre Efland/ Buckhorn/ Mebane Utility Planning Area • 800 acres of Economic Development Land Use • 3-mile Corridor South of I-85/I-40 and West of Efland Project Scope • Gravity Sewer `Backbone' System Linked to the City of Mebane (15,000 LF) • 16" Water Mains Support an Additional 900 acres (14,000 LF) Economic Development Initiatives • Funding '/4 Cent Sales Tax Initiative from the November 2011 Voter Referendum • Succeeded in Two Major Interlocal Utility Agreements with Mebane and Durham • Invest in Infrastructure • Diversify the Economic Tax Base Recommendations • Award the bid and approve a construction contract to J.F. Wilkerson Contracting of Morrisville, NC, in the amount of$4,016,545.74 for the installation of Buckhorn Mebane Utilities Phase 2 water and sanitary sewer system; • Approve Budget Amendment#3-C for $1,016,546; • Authorize the financing of the project and payment of debt service using the '/4 cent sales tax revenue; • Authorize the Chair to sign the contract on behalf of the Board of County Commissioners, subject to final review by the County Attorney; • Authorize the Manager to execute individual change orders within the limit of his authority ($250,000) up to the extent of the project budget. Economic Development Director Steve Brantley said that the installation of this water and sewer will further distinguish Orange County for sustainable industries and other economic development opportunities. He thinks that there will be an increase in interest and visits. He is excited to market this area with news of these utilities. Chair Pelissier asked that this be marketed right away. Steve Brantley said that he could forward a press release statewide and to the North Carolina Department of Commerce. 9 A motion was made by Commissioner McKee, seconded by Commissioner Foushee to award the bid and approve a construction contract to J.F. Wilkerson Contracting of Morrisville, NC in the amount of$4,016,545.74 for the installation of Buckhorn Mebane Phase 2 water and sanitary sewer system; approve Budget Amendment#3-C for $1,016,546 (last year's Capital Investment Plan (CIP) cost estimate did not include some cost efficient water and sewer scope additions that can be completed in this phase rather than during later phases); authorize the Chair to sign the contract on behalf of the Board of County Commissioners, subject to final review by the County Attorney; and authorize the Manager to execute individual change orders within the limit of the Manager's authority ($250,000) up to the extent of the project budget. VOTE: UNANIMOUS Commissioner Jacobs said that the public passed the '/4-cent sales tax and the transit tax. He said that the residents of Orange County by instituting the sales tax are improving economic development and technology in schools to improve the quality of life for those that live and work and play in Orange County. Commissioner Gordon said that Orange County is now in an enviable position because it has large tracts of land on the interstate for economic development. Craig Benedict introduced the contractors for this project. d. Historic Roqers Road Neiqhborhood — Manaqers' Recommendations & Roqers Eubanks Neiqhborhood Association (RENA) Neiqhborhood Center Business Plan The Board reviewed and provided comments, concerns, and suggestions to the Historic Rogers Road Neighborhood Task Force on the Managers' Recommendations dated October16, 2012 and the RENA Neighborhood Center Business Plan. Assistant County Manager Michael Talbert introduced this item. The last time this task force met they asked that this document be presented to each of the local governing boards for feedback. The task force meets again on November 14th, which is the last scheduled meeting. A final report is due to the Assembly of Governments on December 6th. There is no immediate financial impact for action taken to discuss this issue. Attachment 2 is the first item to be considered: First Phase: 1. A new Rogers Road Neighborhood Community Center to be constructed on the 2 lots in the Phoenix Place subdivision, a site graciously provided by Habitat for Humanity. (The Board of County Commissioners approved a capital project of$500,000 to advance funding for a Rogers Road Community Center on October 16, 2012.) a. That County staff will work with Habitat to investigate a contractual agreement with Habitat to construct a Community Center that would serve the residents of the Rogers Road Neighborhood. The Managers will approve the design of the facility, initially funded by Orange County, with the intent of a long-term master lease agreement that would cover operating and maintenance of the Center, with the detail to be worked out later, including a second lease with Rogers Eubanks Neighborhood Association (RENA) for $1 per year, to operate some community based programs. b. Authorize the Managers to negotiate an Interlocal cost sharing agreement for the Community Center that will commit the County and the Towns to the same costs sharing percentages as outlined in the 1972 Landfill Agreement 43% for Orange County, 43% for the 10 Town of Chapel Hill and 14% for the Town of Carrboro. Funding to reimburse the County will begin in Fiscal 2013/14. c. That the details of the construction of a Community Center will be referred back to the Managers for coordination and a report to the Task Force and/or the governing bodies. Second Phase 2. That the Managers continue to work on a solution to provide Sewer Infrastructure to the Rogers Road Neighborhood including priority and funding options. At this time discussions are continuing as to how to advance and fund that effort. a. That the County and the Town of Chapel Hill recommend that Orange County will petition the Town of Chapel Hill to annex all County owned property (that is located in Chapel Hill's ETJ) in the Rogers Road Neighborhood, including the jointly owned Greene Tract, This action would alleviate legal concerns from the Town of Chapel Hill attorney. b. The Managers recommend that Habitat petition the Town of Chapel Hill to annex the 2 lots in the Phoenix Place subdivision, provided by Habitat for the construction of a Rogers Road Neighborhood Community Center. c. That the 104 acre jointly owned Greene Tract be considered for development, that would include a future school site (10 to 12 acres), and the remainder of the site be considered for workforce/affordable housing, with all proceeds from the sale or lease of the land for development, including funding from the County for a future school site, to be used to fund sewer in the Rogers Road Neighborhood. Such development of workforce housing is consistent with the Chapel Hill 2020 Comprehensive Plan. While there is no formal agreement on how the Greene Tract will be used, a concept plan was introduced in 2002. Collectively all governing boards will have to approve any future plans for the Greene Tract. 3. That the Task Force investigate the creation of County Sewer District for all property owners in the Rogers Road Neighborhood and adjoining neighborhoods that are not currently served by a municipal sewer system and would benefit from the installation of sewer infrastructure to serve the Rogers Road Neighborhood. a. Territory lying within the corporate limits of a city or town may not be included in the district unless the governing body of the city or town agrees by resolution to such inclusion. b. The County would propose to contract with OWASA for the actual operation of the sewer system, which would provide an opportunity for a different rate structure for this district. c. A County Sewer District could make special assessments against benefited property within the district to cover the costs of constructing, extending or improving sewage disposal system. The basis of any special assessment would be determined at a later date after investigating development potential and the number of possible dwelling units (the Managers of Chapel Hill and Carrboro are instructing the planning staff to begin this evaluation). A special assessment would share the costs of the sewer system with current benefited property (homeowners) and undeveloped land for future development. 11 d. Consideration could be made to offset the cost of connecting sewer system for some group of residents to be defined. One example could be the owners of owner-occupied housing units in place at the time the sited (1972). There were estimated 40 +/- housing units in place at that time. Other definitions of those who would receive an offset can be developed. e. To investigate the use of approximately $900,000 of Orange County Solid Waste Rogers Road Reserves for sewer improvements. f. The County Sewer District will be eliminated when the debt is retired and the system would be given to OWASA. Frank Clifton said that the sewer issues have caused the most hurdles. There are still a lot of issues to be dealt with. The Town of Carrboro has taken affirmative action at this time. Commissioner Hemminger thanked he managers for finding a mechanism with a funding opportunity for this proposal. She said when they are thinking about the cost of sewer that everyone should remember that this is a long-term project. The task force is interested in different options and the sewer district conversation was very positive. There are still many things to be worked out, but everyone is ready to move forward to make it work. Michael Talbert said that the neighborhood association held a meeting at the Tabernacle Church on November 3�d. There were 22-25 people there. The intent was to see which members of the community wanted sewer. Rev. Campbell and Mr. Caldwell had already gone door to door and had a list of 42 names of people that were interested in getting sewer. Eleven were inside the Town limits of Carrboro, two were outside of the Rogers Road neighborhood and nine were inside. In the Chapel Hill Planning side, a total of 31 were interested in sewer. John Roberts said that the attorneys did discuss these manager's recommendations and came out in agreement that all can be accomplished, but may not be in the manner recommended. The details need to be reviewed more. Commissioner Gordon made reference to page 8, item 2-a, and asked about the pros and cons of annexation. She would like to have this information. John Roberts said that the concerns are that the towns feel that they cannot spend money outside of their jurisdictions. Annexation has been suggested to extend the jurisdictions to allow them to spend money within these areas. Commissioner Gordon made reference to item 2-c and the jointly owned Greene Tract of 104 acres. She said that there was quite a process the Board of Commissioners went through when they came up with the plans for the 104 acres. She said that the entities need to engage in some sort of process to decide what all three jurisdictions can agree upon. She said that it needs to be a collaborative process. Commissioner Jacobs said that it would be useful to see what was discussed at AOG meetings in the past about the Greene Tract. It was very spirited because people were arguing about how much acreage should go for affordable housing, whether there should be active recreation, etc. He said that he appreciated that there is a Historic Rogers Road area and that these residents need to be served first. He said that it would be nice to come to the AOG with a description of OWASA's tap-on policy. He thinks that the policy is that if a house is in that area, then it has to hook up. Frank Clifton agreed that the elected bodies need to have a discussion with the OWASA board about this issue. When the landfill closes next summer, there will be discussions about what happens in the neighborhoods around it. 12 Commissioner Yuhasz made reference to the Greene Tract and said that it is important to look at the discussions from the past, but he would not want it to hamstring the process. He said that it is also important to have a discussion about divestiture of the Greene Tract. Chair Pelissier suggested that the task force ask OWASA to look at its policy related to sewer gravity for this specific project. She thinks that the board might be willing to consider this. Commissioner Hemminger said that the community center discussion came up again and it was thought that $500,000 was not going to be enough, and that $650,000 would be more realistic to add to the advancement project (an additional $150,000). She asked the Board to consider additional funding. Commissioner Hemminger said that the business plan from RENA is a dream and a listing of all kinds of possibilities. She asked the Board to view this as goals and a dream only at this time. Commissioner McKee asked about the driver for the increased costs for the community center. Michael Talbert said that staff had talked to Chapel Hill about what size facility could be built on the site and he said the size of the facility has been increased because they want a commercial kitchen and a green building, and more room for other projects. Commissioner Gordon said that they need to figure out what they need in the building first and then figure out the cost. Michael Talbert said that RENA is currently working with an architect, but the goal is to get this funded now so that there is assurance that it will be built. The plan will come back for refinement. Commissioner Jacobs suggested inviting OWASA officers, Attorney, and Executive Director to the AOG meeting to hear the conversations. Commissioner McKee said that he would support this increase in costs but he does not want to chase a moving target. Commissioner Foushee said that there was discussion about having enough money for flexibility for the future and it is less expensive to do it now rather than later. She said that Habitat is not going to be the agency that constructs the building and the County will need to contract with someone to do that. Commissioner Hemminger said that Habitat wanted a figure they could work with and a range. Michael Talbert agreed that Habitat will contract this out, which limits volunteer help. This is what caused some of the increase in costs. Michael Talbert went over the Business Plan briefly. He reiterated that this is a dream and what they want to do for the next 10 years. Several new initiatives include day care, fostering economic development through a catering business, and a business incubator to promote businesses. The budget includes $208,000 in year one, which would start after the building is complete. By year three, the budget will be $345,000. Much of the revenues in the beginning will come from grants - $129,000 out of$208,000. The income from new initiatives would kick in starting in years two and three. Commissioner Yuhasz asked where the grants would come from and Michael Talbert said that this was not specified. He thinks that they would explore all opportunities. Commissioner Yuhasz said that his concern is that this facility will be built and then the neighborhood will look to the Board of County Commissioners to manage and maintain it from now on. He would feel more comfortable if he knew where this money would come from. Commissioner Foushee said that a lot of this goes back to dreams. She said that this group has operated without the County's help for many years. The goals and expectations are that they will continue to operate with little or no help from the local governments. She said 13 that the operational funding needs to be more clear. She said that if this center gets built, the neighborhood will be able to sustain it. Commissioner Yuhasz said that he believed that this would be the intent, but the approval of this center will have attached to it conditions from the Town of Chapel Hill and may make it difficult to operate on a shoestring. Commissioner Hemminger said that it would be very appropriate to put in that the County Commissioners are excited about the plan but the County will not be providing operational funds. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to send the message that the Board of County Commissioners is pleased with the recommendations and with the RENA plan and to direct staff to find an additional $150,000 for the upfront startup costs of the community center, and to provide comments back to the task force. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to enter into discussions about divestiture of the Greene Tract with the other involved governmental bodies. VOTE: Ayes, 6; Nay, 1 (Commissioner Gordon) Commissioner Hemminger said that she would like to signal the intent to discuss with OWASA to look at the policy for a pump station in this particular situation. Chair Pelissier made a friendly amendment that she writes a letter to the OWASA Chair declaring the Board's intent and copy Chapel Hill and Carrboro. Commissioner Jacobs said that he would like the boards to have the conversation about the Greene Tract just like he would like the boards have the conversation with OWASA. VOTE: UNANIMOUS e. Amendment to the Oranqe County Code of Ordinances Reqardinq Personnel The Board considered reviewing and approving a proposed amendment to Chapter 28 of the Orange County Code of Ordinances by approving the attached resolution. John Roberts said that this is coming out of the October 25th work session and one of those boards was the Personnel Hearing Board. This is an appeal board and has only met one time in 20 years. The changes he recommended are to select three members from among five senior County employees including elected officials that do not report to the Manager. Another change would be to amend the portion that says there would have to be an attorney because this is not a judicial hearing. Commissioner Hemminger asked if the employee was allowed to have another person with them other than an attorney and John Roberts said yes. John Roberts said to add a sentence that the employee may be accompanied by an individual for support only of the employee's choosing who is not an attorney. Commissioner Gordon asked who would choose the committee. John Roberts said that the Human Resources Director would contact the five people that the Board of County Commissioners chooses. Commissioner Gordon would like to have a more defined process. The other County Commissioners are ok with choosing the first three that are available. Frank Clifton suggested having the five people decide who would serve. Commissioner Gordon agreed with this. RESOLUTION OF AMENDMENT 14 A RESOLUTION AMENDING CHAPTER 28, ARTICLE VIII OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved by the Board of Commissioners of Orange County, North Carolina: WHEREAS, Orange County, through ordinance, has provided for employee appeals to the Personnel Hearing Board of Step 3 decisions by the County Manager regarding demotion, suspension, or dismissal of employees; and WHEREAS, the Personnel Hearing Board last met in 2008 and this infrequency of ineetings creates a difficult situation for members and staff; and WHEREAS, the integrity of the appeal hearing process may be maintained by having available to serve as members senior Orange County Officials who do not report to the County Manager; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of employees and to maintain the integrity of the appeal process, wishes to amend Chapter 28, Article VIII of the Code of Ordinances as is reflected in the attachment hereto, Exhibit 1. NOW THEREFORE, the Orange County Board of Commissioners hereby amends Chapter 28, Article VIII, Sections 28-87 and 28-88 of the Orange County Code of Ordinances to provide for the procedures of Step 3 appeals and to provide for the membership of the Personnel Hearing Board. This Amendment shall become effective upon adoption. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve the proposed amendment with the suggested changes to Chapter 28 by the County Attorney of the Orange County Code of Ordinance and the revised resolution. VOTE: UNANIMOUS 8. Reports-NONE 9. County Manaqer's Report Frank Clifton said that the employees' United Way campaign donated more than they ever have before and more participants than have ever participated. Over $30,000 was donated by employees. 10. County Attorney's Report John Roberts said that there was a court case that invalidated the SAPFO for Cabarrus County. The majority decision said that adequate public facilities ordinances are not zoning ordinances and therefore the County cannot enforce them. He said that he met with the local Attorneys and they think that they can maintain Orange County's ordinance in place with some amendments. He will be presenting this to each of the boards shortly. 11. Appointments 15 a. Oranqe County Arts Commission —Appointment The Board considered an appointment to the Orange County Arts Commission. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Geoffrey Hathaway to the At-Large position with a term expiring March 31, 2014. VOTE: UNANIMOUS b. Oranqe County Commission for the Environment—Appointments The Board considered appointments to the Orange County Commission for the Environment. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to appoint Samual Yellen to the Land Resources position with a first full term expiring December 31, 2014; and Terri Buckner to an At-Large position with a first partial term expiring December 31, 2013. VOTE: UNANIMOUS c. Historic Preservation Commission —Appointment The Board considered an appointment to the Historic Preservation Commission. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Todd Dickinson to an At-Large position with a second full term expiring March 31, 2015. VOTE: UNANIMOUS d. Human Relations Commission —Appointments The Board considered appointments to the Human Relations Commission. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint the following: - Tiki Windley to an At-Large position with a first full term expiring September 30, 2015 - Robert Ireland to an At-Large position with a first full term expiring September 30, 2015 - Dr. Li-Chen Chin to the Town of Hillsborough position with a first full term expiring June 30, 2015 - Gerald Ponder to the Town of Hillsborough position with a first partial term expiring June 30, 2014 - Joseph Polich to an At-Large position with a first full term expiring September 30, 2015 VOTE: UNANIMOUS e. Oranqe County Planninq Board —Appointment The Board considered an appointment to the Orange County Planning Board. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Dr. Herman Staats to an At-Large position with a first partial term ending March 31, 2013. VOTE: UNANIMOUS f. Oranqe Unified Transportation Board —Appointments The Board considered appointments to the Orange Unified Transportation Board. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint the following: 16 - CDR Alexander Castro, Jr. to the Bingham Township position with a first term expiring September 30, 2015 - Rev. Susie Enoch to the Cheeks Township position with a first partial term expiring September 30, 2013 - Sam Lasris to the Cedar Grove Township position with a first full term expiring September 30, 2014 - Paul Guthrie to the Chapel Hill Township position with a second term expiring September 30, 2015 - Bryan Warren to the Hillsborough Township position with a first partial term expiring September 30, 2014 - Ted Triebel to the Little River Township position with a first term expiring September 30, 2015 - Jeff Miles to the Pedestrian Access Advocate position with a first term expiring September 30, 2015 VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon said that there was a joint meeting of the DCHC-MPO and CAMPO Transportation Advisory Committees. The two MPOs did a joint Long-Range Transportation Plan (LRTP) for the first time when they completed the 2035 LRTP. The long range plan for 2040 will be called the Metropolitan Transportation Plan (MTP) and the two groups will again work together to produce a joint 2040 MTP. She said that a report was received on the RTP Master Plan and there are some transit-friendly features included. Commissioner McKee said that the election took place last week and everyone should keep in mind that the United States has the best governmental system in the world. Commissioner Hemminger said that she met with Orange County staff about the Upper Neuse River Basin Authority rules about Falls Lake Watershed area. They set up a system of working together and meeting regularly to talk about these things. There will be an update from staff regarding the new additional rules that will come into effect within the next year. The things affecting Orange County are the septic tank situations. The County has to prepare an inventory of all septic tanks in the County. Commissioner Yuhasz said that on October 24th the Board of Health adopted the Smoke-Free Public Places Ordinance. There will be a public hearing on that for this Board on November 20th, with consideration for adoption. Commissioner Jacobs congratulated Commissioner Foushee for being elected to the General Assembly and the three new Board of County Commissioners Elect and Chair Pelissier for being re-elected. Commissioner Foushee thanked the residents of Orange County for participating in the election process. Commissioner Foushee said that she attended the DSS Institute and Orange County's DSS was recognized for one of their customer service projects. Also, there was a groundbreaking for the Orange County unit of the Boys and Girls Club on Sunday at 4:00. She thanked the contributors of this project. Chair Pelissier congratulated Commissioner Foushee and the other new members of the Board of County Commissioners. Chair Pelissier said that there is information about the Partnership to End Homelessness Project Connect. This year there were a total of 268 people either homeless or at risk for homelessness being served. There were almost 2,700 different services provided. The highest number of services was health at 1,037. She also participated in the Piedmont 17 Crescent Partnership for Transportation event. Those invited were given feedback on what kind of policies the State should have for funding for transportation for the Piedmont Crescent area, which is Orange County all the way to Charlotte. Chair Pelissier said that at the Triangle Transit Authority Board meeting it was noted that the Federal Transportation Administration sent several people here to look at the transit routes in respect to the New Starts application for the light rail plan. Commissioner Jacobs acknowledged that the voters of Orange County approved the '/�-cent sales tax for transit. Commissioner Gordon congratulated the four commissioners who were just elected or re-elected to the Board of County Commissioners and also congratulated Commissioner Foushee for being elected to the General Assembly. 13. Information Items • October 16, 2012 BOCC Meeting Follow-up Actions List • Tax Collector's Report for Period Ending October 19, 2012 14. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to go into closed session at 9:35 PM for the purpose of: "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS § 143-318.11(a)(6). VOTE: UNANIMOUS RECONVENE INTO OPEN SESSION A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to go into open session at 11:25 p.m. VOTE: UNANIMOUS 15. ADJOURNMENT A motion was made by Commissioner McKee seconded by Commissioner Hemminger to adjourn the meeting at 11:25 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Board of County Commissioners Donna S. Baker, CMC Clerk to the Board