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HomeMy WebLinkAboutMinutes 01-24-2013 APPROVED 3/19/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING January 24, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, January 24, 2103 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members 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 Changes to the Agenda The Chair went through the items at the County Commissioners' places: - Blue sheet—for item 7-a, Review of the Historic Rogers Road Neighborhood Task Force - Yellow sheet— also for item 7-a - White sheet— PowerPoint for item 6-d, Unified Development Ordinance Text Amendments — Outdoor Lighting — Public Hearing Closure and Action PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Don O' Leary said that the President has committed an act of war against Orange County regarding Article 21 of ICLEI. He said that this is a conspiracy. He made reference to his website: www.ocnc.weebly.com. He said that he is not trying to scare or threaten, but he is trying to warn people. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members (Three Minute Limit Per Commissioner) Chair Pelissier said that the County Commissioners have done a lot of work on advisory boards and there was discussion about several things. She asked that when individuals leave advisory boards because of expired terms that the Chair writes a thank you letter. Also, she would like to have a different application process for the Planning Board, Equalization and Review, Board of Adjustment, and OWASA. These applications need to be more thorough. Chair Jacobs said that the Chair could have a letter sent to people who finish their terms without having it brought back to the Chair and the Vice-Chair. The second issue will be referred to the Chair, Vice-Chair, and Manager. 4. Proclamations/ Resolutions/ Special Presentations a. Proclamation Recognizing UNC Women's Soccer 2012 NCAA Championship The Board considered a proclamation recognizing the UNC women's soccer team for winning the 2012 NCAA Division I Women's Soccer National Championship and authorizing the Chair to sign. Chair Jacobs recognized UNC Women's Soccer Coach Anson Dorrance and the resolution honoring them. Commissioner Rich read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON UNC WOMEN'S SOCCER TEAM WINNING THE 2012 NCAA SOCCER NATIONAL CHAMPIONSHIP WHEREAS, on December 2, 2012, the University of North Carolina women's soccer team captured the NCAA Division I Women's Soccer National Championship; and, WHEREAS, under the guidance of Head Coach Anson Dorrance, a member of the National Soccer Hall of Fame, UNC earned its 21St NCAA title, its 22nd national title overall since 1981; and, WHEREAS, the top-ranked Tar Heels completed the season undefeated in their final six games to finish with a 15-5-3 record; and, WHEREAS, by this 2012 victory, in a time when collegiate soccer has reached parity, UNC women's soccer continues to perform at the forefront of the sport; and, WHEREAS, UNC women's soccer has become legendary in the world of soccer, with many of its graduates representing the United States in the Olympics since women's soccer became an Olympic sport in 1996; and, WHEREAS, through hard work, dedication, teamwork, and commitment, the Tar Heels have brought honor upon themselves, the University of North Carolina, Orange County and the State of North Carolina; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the University of North Carolina women's soccer team, for the Tar Heels' outstanding achievement, and for their inspiration to youth across the nation through their dedication, teamwork, and athletic prowess. This the twenty-fourth day of January 2013. Anson Dorrance thanked the Board of County Commissioners for their commitment to soccer in Orange County and introduced members from his team. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adopt the proclamation recognizing the UNC women's soccer team for winning the 2012 NCAA Division I Women's Soccer National Championship and authorize the Chair to sign. VOTE: UNANIMOUS b. Proclamation Recognizing East Chapel Hill High School Field Hockey Team 2012 State Championship The Board considered a proclamation recognizing the East Chapel Hill High School's Field Hockey Team winning the 2012 State Championship and authorizing the Chair to sign. Commissioner Gordon read the proclamation. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON EAST CHAPEL HILL HIGH SCHOOL'S FIELD HOCKEY TEAM WINNING THE 2012 STATE CHAMPIONSHIP WHEREAS, on November 10, 2012, the East Chapel Hill High School's Field Hockey Team captured the N. C. High School Field Hockey Association's State Championship; and, WHEREAS, under the guidance of Head Coach Susan Taylor, the East Chapel Hill High School's Field Hockey Team earned its fifth consecutive state title; and, WHEREAS, the Wildcats completed the season without a loss, finishing with a 19-0-1 record; and, WHEREAS, through hard work, dedication, teamwork, and commitment, the Wildcats have brought honor upon themselves, East Chapel Hill High School, the Chapel Hill / Carrboro School District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the East Chapel Hill High School Field Hockey Team, for the Wildcats' outstanding achievement, and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the twenty-fourth day of January 2013. Coach Susan Taylor thanked the Board of County Commissioners for this honor. She said this was one of the best seasons they have ever had. She introduced her team members. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adopt the proclamation recognizing the East Chapel Hill High School's Field Hockey Team winning the 2012 State Championship and authorize the Chair to sign. VOTE: UNANIMOUS C. Alcoholic Beverage Control (ABC) Board Update Presentation The Board received a brief presentation from Tony DuBois, General Manager of the Orange County Alcoholic Beverage Control (ABC) Board, and provided feedback. General Manager Tony DuBois said that the Orange County ABC board is a legal sub- division of the state and Commissioner McKee is the liaison. The mission statement is to serve the County responsibly and never sell to anyone under the age of 21. He reviewed the annual report information. The next plan is to move the office and warehouse location from US 70 to a location on Valley Forge Road. Construction started this week with the remodel of the Employment Security Office. ABC Finance Director Ron McCoy said that this past year was historical for revenues in their business, and sales in Orange County so far this year are very high. He said that the new warehouse will allow them to become more efficient and profitable. He said that the board has increased its contributions to the County and law enforcement by $30,000 for a total of $650,000, which is a 4.8% increase over the previous year and exceeds the mandated requirements set forth by the General Assembly. To support law enforcement, the board is distributing $4,500 to the Town of Hillsborough Police; $13,300 to the Town of Carrboro Police; $18,445 to the Town of Chapel Hill Police; and $88,755 to the Orange County Sheriff's Department. To support alcohol education in schools, the board has given $38,000 to the Chapel Hill-Carrboro Schools and $35,000 to the Orange County Schools. To support community outreach, the board has granted $28,000 to El Futuro; $11,000 to Carpe Diem; $10,000 to the Orange County Drug Court; and $8,000 to Orange Partnership for Mental Health. Commissioner Dorosin asked about the plan for the old warehouse and it was answered that it was for sale. d. Affordable Housing Performance Report Housing and Community Development Director Tara Fikes presented this annual report/calendar on behalf of the Affordable Housing Advisory Board. During the last fiscal year, they spent $472,522 in public dollars for affordable housing. Chair Jacobs recognized Representative Valerie Foushee, who was in attendance. e. Human Relations Month Proclamation The Board considered officially proclaiming the month of February as "Human Relations Month" in Orange County and authorizing the Chair to sign the proclamation. Human Relations Commission Member Joe Pochek read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION HUMAN RELATIONS MONTH WHEREAS, the Orange County Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote the ideal of social justice for all; and WHEREAS, the Orange County Human Relations Commission has diligently served Orange County since 1995 and remains committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the Orange County Human Relations Commission enforces the County's Civil Rights Ordinance which specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the Orange County Human Relations Commission encourages Orange County residents, as individuals, to take a stand against social injustice and continue to work together to make freedom, justice, and equal opportunity available for all; and WHEREAS, Orange County is committed to preserving the progress made thus far towards equality and leading the challenge for equal opportunity using all the means at our disposal; NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby proclaim February 2013 as "HUMAN RELATIONS MONTH" in Orange County and challenge our residents to promote the ideology of social justice for all by celebrating and encouraging multiculturalism in the County and encouraging all residents to embrace diversity in Orange County. This the 24th day of January, 2013. A motion was made by Commissioner McKee, seconded by Commissioner Price to adopt the proclamation officially proclaiming the month of February as "Human Relations Month" in Orange County and authorize the Chair to sign the proclamation VOTE: UNANIMOUS Commissioner Price recognized subcommittee members that have been participating in the 150th year of the Emancipation Proclamation. f. Voluntary Agricultural District Designation for Multiple Farms — Rogers (Three Farms/Landowners); Shambley; and Lackey The Board considered applications from multiple landowners/farms to certify qualifying farmland within the Cedar Grove, Buckhorn, and Caldwell voluntary agricultural district, and enroll the lands in the Orange County Voluntary Agricultural District (VAD) program and authorize the Chair to sign the associated documents. Gail Hughes with the Soil and Water Conservation Office from the Department of Environment, Agriculture, Parks and Recreation, made a PowerPoint presentation. Voluntary Agricultural District (VAD) and Enhanced Voluntary Agricultural District (EVAD) Program Orange County VAD/EVAD Program Benefits of Agricultural Districts ➢ Provides a voluntary way to support the conservation of rural communities; ➢ Makes public more aware of the local agricultural community; ➢ Provides fresh food, fiber, and other agricultural products to Orange County residents and visitors; ➢ Notice of agricultural district is recorded at County Land Records office; therefore, the landowner has increased protection from nuisance lawsuits. ➢ Provides increase in wildlife habitat, supports clean air and water quality. The Rogers' Family Farms Cedar Grove Voluntary Agricultural District - Carr Community William "Larry" and Yvonne Rogers: ➢ Six parcels of land totaling 386.56 acres; ➢ Includes poultry and beef cattle operation; ➢ Cropland includes: soybeans, wheat and grains, hay/grassland; ➢ Includes pasture and managed forestry/woodland William "Billy" and Sonya Rogers: ➢ One parcel of land totaling 18.67 acres ➢ Cropland: soybeans and wheat/grain crops Linwood "L.J." and Nancy Rogers: ➢ Four parcels of land totaling 376.46 acres ➢ Cropland includes: soybeans, tobacco, wheat/grains, hay/grassland ➢ Includes managed forestry/woodland Rogers Farm total acres in VAD = 781.69 acres Shambley Dairy Farm Morris and Shirley Shambley ➢ Buckhorn Voluntary Agricultural District ➢ Three parcels of land totaling 260.58 acres ➢ Awarded State Soil and Water Conservation Farm Family of the Year in 1998; ➢ Former dairy farm, currently raises beef cattle; ➢ Cropland includes: soybeans, corn, wheat/grain crops, hay/grassland; ➢ Farmland also includes pasture and managed forest/woodland Beaver Creek Farm Mike and Robin Lackey ➢ Caldwell Agricultural District ➢ Two parcels of land totaling 61.3 acres ➢ Farm operation includes swine and beef cattle ➢ Cropland includes: hay/grassland and pastures ➢ Farm also includes managed forest/woodland VAD/EVAD program: ➢ Currently 17 farms in the program = 3249 acres Consideration for VAD program approval: ➢ Five farms totaling 1104 acres (rounded) ➢ Will increase total to 4353 acres in VAD/EVAD program A motion was made by Commissioner McKee, seconded by Commissioner Rich to certify the five farm properties noted above totaling 1,103.57 qualifying farmland, designate them as a Voluntary Agricultural District farms within the Cedar Grove, Buckhorn, and Caldwell Agricultural Districts, and authorize the Chair to sign the associated documents. VOTE: UNANIMOUS g_ Captain John S. Pope Farm National Register Nomination The Board considered the Orange County Historic Preservation Commission's recommendation that the Captain John S. Pope Farm be submitted for listing in the National Register of Historic Places and authorizing the Chair to sign the associated letter. Rich Shaw Land Conservation Manager introduced a new staff member; Cultural Resources Coordinator Peter Sandbeck. Peter Sandbeck said that he was appearing on behalf of the Historic Preservation Commission. He said that Mr. Pope was unable to be there tonight. He said that this is a working farm, but it is significant. It is also a century farm and has been operated by the same family for over 100 years. He made a PowerPoint presentation of pictures. This farm is located on Efland-Cedar Grove Road. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to approve the Orange County Historic Preservation Commission's recommendation that the Captain John S. Pope Farm be submitted for listing in the National Register of Historic Places and authorize the Chair to sign the associated letter. VOTE: UNANIMOUS 5. Consent Agenda A motion was made by Chair Pelissier, seconded by Commissioner McKee to approve those items on the consent agenda as stated below: VOTE: UNANIMOUS a. Minutes The Board approved the minutes from October 16, 25 and November 19, 2012, as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for seventy-eight (78) taxpayer requests that will result in a reduction of revenue, in accordance with the NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for eighty-three (83) 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 sixteen (16) untimely applications for exemption/exclusion from ad valorem taxation for the 2012 tax year. e. Adjustment to Salary Range Minimums The Board approved a two percent (2%) increase in all salary range minimums to correspond to the two percent (2%) Cost of Living Adjustment (COLA) increase authorized in the approved FY 2012-13 budget effective July 1, 2012. f. Position Establishment Request - .50 Medical Office Assistant Position The Board approved the reclassification of a vacant 1.0 full time equivalent (FTE) Public Health Nurse II (PHN II) position into 1.5 FTE Medical Office Assistant (MOA) positions, allowing the 1.5 FTE MOA positions to provide improved front desk and clinic support in handling increased patients and help promote more efficient service delivery. g_ Performance Agreement with Town of Chapel Hill and Visitors Bureau The Board approved the 2012-2013 performance agreement between the Town of Chapel Hill and the Visitors Bureau and authorized the Manager to sign. h. Fiscal Year 2012-13 Budget Amendment#6 The Board approved budget and grant project ordinance amendments for fiscal year 2012-13 for Visitor's Bureau; Library; Emergency Services; Department on Aging; Department on Environment, Agriculture, and Parks and Recreation (DEAPR); and Social Services. i. Proposal for 9-1-1 Recorder Replacement/ Upgrade and Approval of Budget Amendment#6-A The Board approved the replacement of the current 9-1-1 recorder, and approved Budget Amendment#6-A. L Extension of Audit Services and Contract with Martin Starnes & Associates, CPAs, P.A. The Board approved the extension of the contract with Martin Starnes & Associates, CPAS, P.A. of Hickory, North Carolina to conduct auditing services for Orange County in the amount of$85,800, and authorize the Manager to sign the contract on behalf of the Board pending staff and Attorney review. k. NC State Firemen's and Rescue Squad Annual Certification Roster The Board approved the certification requirements for the Assistant Fire Marshals to participate in the North Carolina State Firemen's Association for the year 2013 and authorized the Chair to sign. I. Changes in BOCC Regular Meeting Schedule for 2013 The Board considered three changes in the County Commissioners' regular meeting calendar for 2013 as follows: - Changing the BOCC Regular meeting from December 17, 2013 TO December 10, 2013, and this meeting will be held at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, N.C. - Changing the location of the February 12, 2013 BOCC work session FROM Southern Human Services Center TO the Link Government Services Center, 200 South Cameron St., Hillsborough Staff is requesting this change because the agenda for the Work Session will include the discussion of four County facilities located in Hillsborough. First, the opportunity to renovate the Whitted Building for a Board Meeting Room/Arts Performance Place. Second, the possibility of a stand-alone BOCC meeting facility at the current Government Services Annex location. Third, the possible relocation of the Board of Elections to the Link Government Services Center. Fourth, planned maintenance and repair expenditures for Fiscal Year 2013/2014 at the Environment and Agriculture Center and alternatives for the highest and best use of the facility. All Board members have not likely seen all of these facilities. Asset Management Services would like to provide the opportunity for a tour of the facilities before the scheduled work session for new or current Board members that would like to see these facilities before the Work Session. Decisions regarding the future uses of these facilities will impact the 2013-18 Capital Investment Plan. - Changing the March 12, 2013 BOCC Work Session FROM Link Government Services Center TO Southern Human Services Center, 2501 Homestead Road, Chapel Hill (since the February 12, 2013 Work Session would be moved from Southern Human Services Center to Link Government Services Center and staff tries to balance the number of meetings between Chapel Hill and Hillsborough). m. Emergency Solutions Grant Program Award The Board accepted an Emergency Solutions Grant award of$162,673 from the State of North Carolina, and authorized the execution of the associated State Contract and a sub-recipient contract with the Inter-Faith Council for Social Service by the County Manager upon contract review and approval by the County Attorney's Office. n. Nicotine Replacement Therapy The Board approved the appropriation of$25,000 from the County's unassigned General Fund fund balance to support this five-month pilot project, with the understanding that staff will evaluate results from the pilot program and determine if additional funding to support the program in FY 2013-2014 is warranted. If approved, staff will present a budget amendment to appropriate the funds at an upcoming Board meeting. o. McGowan Creek Interceptor Project— Engineering Contract Award The Board awarded the engineering contract to McGill Associates of Hickory, NC in the amount of$94,200 for the design, permitting, bid management and construction phase management of the McGowan Creek Interceptor project; approved funding the project's design costs and other costs within budget out of County funds until the State Revolving Fund (SRF) Loan process is finalized; and authorized the Chair to sign the contract on behalf of the Board of County Commissioners, subject to final review by the County Attorney. 6. Public Hearings a. Draft Orange County Comprehensive Transportation Plan The Board held a public hearing on the draft Comprehensive Transportation Plan (CTP) for Orange County's rural areas. Comprehensive Planning Supervisor Tom Altieri said that this is for the rural areas of Orange County. He introduced Sarah Lee from NCDOT Statewide Planning Branch. Sarah Lee made a PowerPoint presentation. Orange County Draft Comprehensive Transportation Plan *Rural Area* • NCDOT Transportation Planning Branch • January 24, 2013 • Public Hearing • Overview • Review of a Comprehensive Transportation Plan • Draft maps and recommendations • Input provided and next steps • MPO / RPO Areas What is a CTP? (Comprehensive Transportation Plan) • 4 maps and cover sheet with supporting documentation • Long-range (25-30 years), multi-modal, fiscally unconstrained (no funding or priorities) — Highway, Public Transportation, Rail, Bicycle, Pedestrian • Replaces previous thoroughfare plans • Provides a "needs list" for year 2035 (high-level planning) • Developed by steering committee with representation from NCDOT, Orange County planning, OUTBoard, and Triangle Area RPO — Coordination with surrounding MPOs and counties • Designed to be easily updated in order to remain relevant Why Develop a CTP? • It's the law— GS 136-66.2 • Recommendations address future travel demand — not just for vehicles, but for all modes — Ensures that data and projections are in place to support projects — Informs future land use planning and corridor protection • Documentation is customer-friendly and easy to update • A well-informed public — Public workshops are included — Local officials are regularly updated — Plans available on NCDOT website Public Transportation and Rail Map - References "The Bus and Rail Investment Plan in Orange County" - Intended to be updated Bicycle Map - Incorporates County's bicycle plan and connections to DCHC recommendations - Includes SPOT projects Pedestrian Map - Incorporates County pedestrian plan that is currently under development Previous Input on Recommendations • Planning Board, September 2011 • Public drop-in session, September 2011 • Public comment website, open through September 26 • Committee meeting, September 21 — Reviewed input and finalized draft recommendations for presentation to BOCC in October 2011 • Orange County Planning staff review of Technical Report and edits incorporated by NCDOT staff, December 2012 Addressing Input on Recommendations October 2011 BOCC • Discussion of county bicycle plan being recreational, and adding more commuter-based routes, while being mindful of traffic and safety — Coordination by Orange County staff with draft DCHC MPO 2040 Metropoliton Transportation Plan (MTP) resulted in minor deletions and additions to CTP bicycle recommendations — Verbiage added to Chapter 1 (p. 1-15) of report to reflect combined recreational and commuting opportunities • Discussion of park and ride lots regarding traffic analysis and specifics for the lots — Verbiage added to Chapter 2 (p. 11-6) of report to clarify that specific information would be developed at a later date, and that the CTP identifies the general areas of anticipated need • Verbiage added to report in Chapter 2 (P. 11-1 and 11-3/4) to reflect NCDOT project implementation process and elaborate on project proposal details with regards to NC 86 expressway recommendation Next Steps • OUTBoard recommendation in February • Adoption of 5 maps by Orange County in March • Endorsement of 5 maps by TARPO • Adoption of 5 maps by NCDOT • Technical report review by external contacts — Orange County, multiple NCDOT contacts, TARPO • Technical report finalized by NCDOT and distributed — Consideration of entire report by Orange County if desired • Thank you! Questions? Orange County CTP Website: http://www.ncdot.org/-tpb/planning/orangecounty.htmi Sarah E. Lee Scott Walston Transportation Engineer Triangle Unit Supervisor NCDOT TPB NCDOT TPB (919) 707-0946 (919) 707-0941 selee @ncdot.gov swalston @ncdot.gov Tom Altieri Matt Day Comprehensive Planning Supervisor Senior Planner Orange County Triangle Area RPO (919) 245-2579 (919) 558-9397 taltieri @co.orange.nc.us mday @tjcog.org More info at www.ncdot.org/-tpb Manager Recommendation 1. Receive the draft Comprehensive Transportation Plan. 2. Conduct the public hearing and accept public and BOCC comment on the proposed Plan. 3. Refer the matter to the OUTBoard with a request that a recommendation be returned to the BOCC in time for the March 7, 2013 BOCC regular meeting. 4. Adjourn the public hearing until March 7, 2013 in order to receive and accept the OUTBoard's recommendation and any submitted written comments. In answer to questions about park and ride lots, it was answered that the park and ride lots are consistent with the bus and rail investment plan. Regarding funding, the CTP does not address this aspect. It is a long-range vision. Commissioner Gordon made reference to page 92 and asked if these were adopted definitions of facilities. Sarah Lee said that these are standardized definitions that DOT uses. Commissioner Gordon made reference to page 101 and said that there should be some kind of"key" for these definitions on this page. Sarah Lee said that on page 100 it lists out the various abbreviations. Commissioner Gordon asked what kind of input is needed from the County Commissioners. Sarah Lee said that at this point they would like the agreement on the proposals when it comes back in March. Commissioner Dorosin asked for an explanation of how the CTP and the transportation plan for the County would work together. Tom Altieri said that the Orange County Bus and Rail Investment Plan does address the entire county. Part of this has to do with the organizational structure of transportation. Commissioner McKee said that it is important to keep in mind that these various plans have different funding sources and are controlled by different entities. While they overlap, they do not necessarily work that close together. He said that they are basically talking about two very different transportation plans. PUBLIC COMMENT: Ed Flowers said that the County Commissioners need to address a current need. He is a farmer in Hillsborough and he shared some concerns about transportation for the senior population and it needs to be expanded. He said that seniors have physical issues such as diabetes and hypertension, which require diuretics, and these people would be unable to ride a bus for an hour because of the effects of the diuretics. He spoke in support of expanding the transportation service for seniors. Alex Castro, Jr. lives in Bingham Township and is the Vice-Chair of the Advisory Board on Aging and a member of the OUTBoard. He said that he will speak about his own personal opinions. He said that he has gathered much information on transportation and it concerns him that the transportation planning involves two MPOs, six counties, and one RPO. He applauded the Planning department for trying to track of all of this. He said that all of this is burdensome on the staff. He thinks that there needs to be some consolidation in this area to deal with the transportation. He agreed with Ed Flowers on the need for expansion of transportation service for senior citizens. Bonnie Hauser spoke about the controversy on the Mountains to Sea Trail running through Bingham Township. She said that the State is looking at combining the Mountains to Sea Trail with cycling trails in certain places. She asked if this might be an option in Bingham Township. Commissioner McKee said that this is a NCDOT plan but Orange County does not have a lot of control of this plan. He assured the Board that the other counties involved have been more than fair in the allocation of funding and the project, etc. Chair Jacobs made reference to the first page of the abstract and said that the plan is not fiscally constrained. He said that at this point this plan is not grounded in fiscal reality yet. He said that his opinion is that NCDOT wants to make NC 86 a boulevard from Caswell County, which is now a two-lane road. He said that this will be a bottleneck. A motion was made by Commissioner McKee, seconded by Commissioner Rich to: 1. Receive the draft Comprehensive Transportation Plan (Attachment 4); 2. Conduct the public hearing and accept public and BOCC comment on the proposed Plan; 3. Refer the matter to the OUTBoard with a request that a recommendation be returned to the BOCC in time for the March 7, 2013 BOCC regular meeting; and 4. Adjourn the public hearing until March 7, 2013 in order to receive and accept the OUTBoard's recommendation and any submitted written comments. VOTE: UNANIMOUS b. North Carolina Community Transportation Program Administrative and Capital Grant Application for FY 2013/2014 The Board conducted an annual public hearing on the North Carolina Community Transportation Program (CTP) grant application by Orange Public Transportation for FY 2013- 2014; considered approving the grant application that includes adopting a resolution authorizing the applicant to enter into an agreement with North Carolina Department of Transportation; and considered authorizing the County Attorney to complete the necessary certifications and assurances. Transportation Administrator Al Terry presented this item. He said that the certifications of assurances that are normally attached to this have not come in from NCDOT yet. PUBLIC COMMENT: Alex Castro said that Orange County should support and fund OPT in any way possible. If Orange County can get a grant, then it should ask for it. He said that OPT needs to be expanded on the capital side. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to: 1. Close the public hearing to receive public comments on the proposed grant application; 2. Approve the Community Transportation Program Grant application for FY 2013-2014 in the total amount of$185,605, with a local match of$27,841; 3. Authorize the County Attorney to complete the necessary certifications and assurances which have been requested from NCDOT; 4. Approve and authorize the Chair to sign the Community Transportation Program Resolution, and sign the annual certified statements of participation when they are completed; and 5. Accept and budget the receipt of the CTP grant once awarded. Commissioner Dorosin verified that the request is for money for administration and no capital items. VOTE: UNANIMOUS C. Amendments to Unified Development Ordinance Text— Incorporate Changes Suggested by MuniCode (UDO/Zoning 2012-15) - Public Hearing Closure and Action (No Additional Comments Accepted) 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) to incorporate changes suggested by MuniCode, a corporation retained by Orange County to codify the County's ordinances. Planner Perdita Holtz said that these amendments were suggested by MuniCode. The Planning Board considered these amendments and voted unanimously to recommend approval. A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; and 3. Adopt the ordinance contained in Attachment 2 which authorizes the text amendments. VOTE: UNANIMOUS d. Unified Development Ordinance Text Amendments — Outdoor Lighting (UDO/Zoning 2012-014) - Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board's recommendation, considered closing the public hearing, and considered making a decision on Planning Director initiated text amendments to the Unified Development Ordinance (UDO) modifying outdoor lighting regulations. Planner Michael Harvey made a PowerPoint presentation. JANUARY 24, 2013 PUBLIC HEARING AGENDA ITEM 6D: UDO TEXT AMENDMENT— OUTDOOR LIGHTING • PROCEDURAL NOTE: The reconvening of this hearing is solely to receive the Planning Board recommendation and any additional written evidence submitted since the November 19, 2012 Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public. While the BOCC may ask staff questions related to the review of a given item, comments from the public shall not be solicited. WHAT THIS PROPOSAL DOES: • Clarify existing regulations. • Add new definitions of light trespass, mercury vapor luminaire, light pollution, etc. to Article 10 as recommended during Phase 1 of the UDO. • Eliminate multiple definitions of the same term within Article 10 of the UDO. • Address concerns expressed by Orange County Department of Environment Agriculture Parks and Recreation (DEAPR) over height restrictions for athletic field lights. Height on athletic field lights has been raised from 80 to 100 feet in Urban areas and from 60 to 90 feet in Rural areas. ATHLETIC FIELD LIGHT ISSUE: • 2 poles aimed at same • aiming point but note difference in impact of spill and glare • on adjacent properties. Restricting mounting height • aggravate, not improve, the impact of spill and glare light PLANNING BOARD: • Planning Board reviewed at its December 5, 2012 regular meeting. • Voted to modify height limits on athletic field lights. 2 members voted to eliminate regulation altogether. • Voted unanimously to approve amendment package as contained in Attachment 2. RECOMMENDATION: The Manager recommends the Board: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Decide accordingly and/or adopt the ordinance contained in Attachment 2 which authorizes the text amendments. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Adopt the ordinance contained in Attachment 2 which authorizes the text amendments. VOTE: UNANIMOUS 7. Regular Agenda a. Review of the Historic Rogers Road Neighborhood Task Force The Board reviewed and discussed the outcomes from the Historic Rogers Road Neighborhood Task Force and the future of the Task Force. Michael Talbert presented this item and gave a summary of the process that started about a year ago, including a brief history of the process. Beginning in 1972 the landfill was opened by the Town of Chapel Hill and in 1999 Orange County assumed ownership and operation of the Eubanks Road Landfill. The Historic Rogers Road Community has continued to cope with the Landfill for 40 years. The Community is geographically split by the Towns of Chapel Hill and Carrboro. Orange County as the current owner/operator of the Landfill is taking the lead to make remediation improvement to the Historic Rogers Road Community. On May 17, 2011 the Board received a request from the Rogers Eubanks Neighborhood Association (RENA) recommending actions to mitigate the long and short term impacts of Orange County's Landfill and Solid Waste operations on the health, safety and welfare of the Historic Rogers Road — Eubanks Road Community. On January 26, 2012 the Board and the Town Boards discussed the extension of sewer service and a community center for the Historic Rogers Road Community. County and Town Attorneys have concluded that utilization of Solid Waste reserves to extend sewer service to the Historic Rogers Road Community is not consistent with North Carolina General Statutes and could subject the local governments to legal challenges. Therefore, funding for either the extension of sewer services and/or a community center will need to come from the County's and Towns' other general revenue sources. On February 21, 2012 the Orange County Board of Commissioners authorized the Creation of a new Historic Rogers Road Neighborhood Task Force to address sewer service and a community center and approved the Charge. The composition of the Task Force was to include two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from Rogers Eubanks Neighborhood Association. The Charge for the Historic Rogers Road Neighborhood Task Force is to investigate and make recommendations to the Board of County Commissioners, the Chapel Hill Town Council and the Carrboro Board of Alderman for neighborhood improvements including funding sources and the financial impact to the County& Towns, for the following: 1. Sewer Service to the Historic Rogers Road Neighborhood as defined by the previously approved public water connections in the area. 2. A Neighborhood Community Center. The Task force is also directed to: a. Submit an Interim Report back to the County and the Towns by the end of August, 2012 and; b. Submit a Final Report to the Assembly of Governments on December 6, 2012. On December 6, 2012 the Assembly of Governments received an interim report from the Historic Rogers Road Neighborhood Task Force and held a lengthy discussion on the accomplishments of the Task Force. One of the recommendations from the Task Force was that the Task Force continue to meet for an additional six months to address the Charge with the original composition of the Task Force. Attachment 2 is an excerpt from the Draft Minutes of the December 6, 2012 Assembly of Governments Meeting. Town Board Members and County Commissioners voiced their opinions concerning the continuations of the Task Force and the issues that are still unresolved. Since the meeting was a Work Session, no decisions were made and the future of the Task Force was referred back to the Board of Commissioners. The Chair instructed staff to solicit input from former Commissioners Valerie Foushee and Pam Hemminger regarding the need for the Task Force to continue and their possible willingness to continue to serve as a member of the Task Force. Both former Commissioners Foushee and Hemminger believe that the work of the Task Force is not complete as Charged and would urge the Board of Commissioners to continue the Task Force. Valerie Foushee does not think she could an effective member of the Task Force at this time, but would continue to support the Board in this effort in any way she can. Pam Hemminger indicated a willingness to continue. Recommendations from the Task Force that have been acted on: 1. On September 6, 2012 Orange County approved the County's intent to moving forward with a new "green" community center, work with RENA and Habitat for Humanity on the design and implementation of the community center. Ask the town to contribute computers, supplies, permitting costs, connection costs and the first 12 months of utilities toward this project. Ask the towns to expedite the permitting process. 2. On September 18, 2012 the Town of Carrboro approved the Town's intention to contribute not more than $900,000 for the Town's portion of the Community Center and cost of the Sewer Project. 3. On October 16, 2013 the Board approved a Capital Project of$500,000 for a one-time capital contribution for the Construction of a Historic Rogers Road Neighborhood Community Center. 4. On November 20, 2012 the Board approved a Budget Amendment of$150,000 of additional funding for the Historic Rogers Road Neighborhood Community Center, increasing the total project budget to $650,000. 5. There was consensus at the Assembly of Governments meeting on December 6, 2012 that the governing boards will continue to appropriate funds, as previously budgeted to reimburse the Solid Waste fund for the purchase of the Greene Tract, for both a New Community Center and Sewer Improvements. Funds budgeted in Fiscal 2012/2013 for the Greene Tract are as follows; $90,549 for Orange County, $90,549 for The Town of Chapel Hill and $29,524 for The Town of Carrboro. The governing boards are also encouraged to locate other funding sources for a New Community Center and Sewer Improvements. 6. That the County and Town Managers continue to explore the creation of a County Utility District for all property owners in the Historic Rogers Road Neighborhood that are not currently served by a municipal water and sewer system and would benefit from the installation of sewer infrastructure to serve the Rogers Road Neighborhood Several questions to be answered: 1. Does the Task Force need to continue to function? 2. If so, who should be appointed to serve (several changes within the membership have occurred due to changes in elected positions of the former members)? Note: the Towns will also need to formalize their continued participation and representatives. 3. If the Task Force continues, does the Charge need to be modified and/or adefinitive time line set for a final report from the Task Force. 4. Based upon recent input from legal Counsel from the Towns, does the Community Center Project move forward as a `County Only' project or does the County await further input from the Towns? Chair Jacobs said that there are two letters from the public at their places: one from Justice United and one from Council Member Lee Starrow with a petition. PUBLIC COMMENT: Tish Galu made reference to the letter from Justice United. She reiterated what the letter says. She said that this is from the Strategy Team. She reiterated the importance of continuing the task force and completing the charge, which is to provide sewer service in this area and complete the community center. January 16, 2013 Dear Orange County Commissioners: On Thursday, December 6, many Justice United members attended the Assembly of Governments meeting in great anticipation of affirmation of the resolutions adopted by the Rogers Road Task Force. The Task Force has been working for six months to move forward with fulfilling the last remaining items from the Mitigation Plan. We have been working with RENA for four years to fulfill the promises made to the community. The Task Force recommended that plans move forward with the community center construction with costs not to exceed $700,000. Habitat will be providing the two lots and guidance with the design of the structure. The County will lease the land to RENA who has prepared a business plan for ongoing maintenance of the building and program development. What remains is working out the lease agreements and memorandum of understanding before bidding can begin and the money allocated. The Task Force reported back to each jurisdiction during the six months to discuss how the costs would be divided by the County, Chapel Hill and Carrboro with agreement that the Green Track payments could continue with the same percentages currently in place to recoup the funds for the community center and the sewer line costs. The sewer lines are the largest expenditure and an agreement with the managers needs to be in place to move forward with funding and to provide direction to OWASA. In addition, the cost of connecting the lines to homes in the Rogers Road neighborhood must be determined otherwise we are not fulfilling the purpose of the Mitigation Plan which is to provide water and sewer service to this neighborhood that has lived with our garbage for the past 40 years and will continue for the next 30 years or more. The Task Force recommended that they remain in place for six more months to make sure that the projects are moving forward as planned. The Task Force would then report back to each jurisdiction the recommendation of the managers and lawyers once they have met and determined the legal and monetary requirements. There is no question that this is a complicated project. The most positive outcome of the meeting on December 6 is that you, the Commissioners, understood the complexity and the urgency of moving forward. We sincerely appreciate the leadership of Pam Hemminger and Valerie Foushee on the Task Force and agree with the recommendation that the Task Force remains in place for the sole purpose of assuring the Community Center and sewer plans are in place. As you heard, Task Force leaders believe that this will take no longer than six months. If possible, former Commissioners Hemminger and Foushee should be invited to act as the County representatives to assure continuity and to maintain the timeline. We look forward to your continued dedication to finally complete the mitigation plan and provide this community the services they deserve. On behalf of the Strategy Team of Justice United and Members of the Environmental Team, Tish Galu, Strategy Team Chair Margaret Misch read a prepared statement: "I am Margaret Misch, a member of the Community Church of Chapel Hill Unitarian Universalist and Women's International league for Peace and Freedom —Triangle Branch, two groups in Orange County that have support the Rogers-Eubanks Neighborhood Association (RENA) and the Coalition to End Environmental Racism (CEER) at least since 2007. 1 am here representing the Charles M. Jones Committee of the Community Church and WILPF to say we support the letter submitted by Chapel Hill Council Member Lee Storrow along with Alderman Michelle Johnson to urge the Orange County Board of Commissioners to continue the work of the Historic Rogers Road Task Force so that it can finish the work to provide sewer and a community center to this area in the county that has been impacted by a county landfill for 40 years. I submit signatures on a copy of the Storrow-Johnson letter, signed by 40 members of the Community Church in addition to those introduced by Lee Storrow. I urge the Commissioners not let community center be held hostage while the arrangements for the sewer lines are yet to be determined." Chapel Hill Town Council Member Lee Storrow made reference to the Petition to Maintain the Historic Rogers Road Task Force. He said that the Town Council supports the continuance of the task force. The petition is shown below: Dear Chair Jacobs and Orange County Commissioners: As you are well aware, there have been many task forces, many elected officials, and many hours spent on how to address the specific concern of water, sewer, and the impact of the landfill on the Rogers Road Community. At the January 26, 2012 Assembly of Governments meeting, the Orange County Board of Commissioners and the Town Boards discussed the extension of sewer service and a community center for the Historic Rogers road Neighborhood. There was significant discussion on January 26 regarding the creation of a task force to address these issues. On February 21, 2012 the Orange County Board of Commissioners authorized the creation of a new Historic Rogers Road Neighborhood Task Force to address sewer service and a community center. The composition of the Task Force was to include two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from the Rogers Eubanks Neighborhood Association (RENA). The charge of the Historic Rogers Road Neighborhood Task Force was to investigate and make recommendations to the Board of County Commissioners, the Chapel Hill Town Council, and the Carrboro Board of Aldermen about how to proceed with neighborhood improvements including funding sources and the financial impact to the County and Towns, for the following: 1. Sewer Service to the Historic Rogers Road Neighborhood as defined by the previously approved public water connections in the area. 2. A Neighborhood Community Center. After the authorization of the task force, the task force had several meetings to work on its outlined charge. The members of the task force have worked hard to come up with recommendations to move us closer to a plan to provide sewer and a community center for the Historic Rogers Road Neighborhood. In preparation for the Assembly of governments meeting held on December 6, 2012, the task force compiled a final report and unanimously passed a motion to support the continuation of the task force for an additional six months to give it more time to complete the original charge. During the December 6th meeting, however, there were varied opinions expressed about whether or not to continue the task force. As community members, elected officials, and residents of the Rogers Road Neighborhood we urge the County Commissioners to continue the task force. The task force has not completed its identification of funding sources to provide sewer, which should be the main focus if the task force continues to meet. We don't want to move backwards, and if the task force continues, their charge will need to evolve based on the work done over the last year. Many members in attendance at the Assembly of Governments meeting expressed a desire for the task force to continue. The task force should also continue because it provides a formal mechanism for community members to engage in the process to determine changes in their neighborhood. We are glad you are keeping the conversation about Historic Rogers Road alive. This task force has made more progress than any other configuration of a task force and the task force was effective at getting the Town Managers to meet, the Town Attorneys to meet, and in getting feedback from OWASA and community members about providing sewer and a community center. We urge you to act to continue the task force in your meeting on January 24th Chair Jacobs said that there is some interpretation of comments and documents about municipalities using monies outside of their jurisdiction in order to address these issues. He asked Lee Storrow if it was a commitment of the board to work this out. Lee Storrow said that he was not a liaison to the task force, but he is committed and willing to spend funds outside of the municipality. The Town Council has not taken a public stance on this issue. Chapel Hill Town Council Member Jim Ward said that he was one of the liaisons to the task force from the Town of Chapel Hill and he found the experience very fruitful and strongly encouraged them to continue to task force in some form. He said that the commitment from Orange County has been a driving force and this task force is the best vehicle to continue to have these conversations to address the remaining issues. He encouraged the Board to keep the task force and the community center on their agenda and that the sewer issue is huge and a long way from being resolved. He said that there are other related issues like the Greene Tract and the task force may be able to discuss this issue on the behalf of the municipalities. He said that without the task force, there would be no dialogue between the elected officials. Chair Jacobs asked Jim Ward the same questions of him as of Council Member Lee Starrow and Jim Ward said that he has a personal commitment to see this happen and he hoped the lawyers would keep them out of any illegal areas in which they may roam. Nathan, a Technical Assistant works with RENA. He said that he supports the task force continuing. He made reference to the community center and said that the Rogers Road Community is considered a rural community and they are not given an opportunity to apply for grant funding. A motion was made by Commissioner Price, seconded by Commissioner Dorosin to continue the Rogers Road Neighborhood Task Force and to update the charge once the task force is reconvened. Chair Jacobs asked Commissioner Price if the task force would update the charge and Commissioner Price said that she is open to suggestions. Commissioner Rich said that it is important to talk about the issues first before talking about a task force. She said that they should take each issue — starting with the community center and then going to the sewer— before continuing to decide on the new charge of the task force. She thinks that it is important for everyone to be on the same page. Commissioner Pelissier said that the Board of County Commissioners in October asked the Manager to work on an interlocal agreement with Habitat, Chapel Hill, and Carrboro for the community center. She said that there was a small area plan that was worked on between 2006-2007 and she does not see where this action was actually adopted, but it was referred to the Board of County Commissioners. There were a lot of recommendations, but nothing was adopted. Commissioner Dorosin said that the work is not done yet and the task force should not be shut down because it is built around community engagement. Regarding the community center, he does not understand Habitat's role in this. He thinks that the County should pursue owning the land and building the facility. He said that the process needs to be streamlined. He said that there has been a general consensus of providing sewer but no direction on funding. He said the way to do it is to decide to put sewer in the community or not and to pay for it or not and to decide to do this in the next six months. He said that if they do continue the task force he would like to be appointed as a member to the task force. He said that they need staff to be more creative on how to do some of these things. Commissioner Gordon said that the Board of County Commissioners is committed to Rogers Road and the discussion should be on the outcomes and then the best method to move these outcomes forward. She suggested looking at the recommendation, start with the community center, and then go to the sewer issue. Commissioner McKee agreed with Commissioner Gordon and said that the County Commissioners need to first discuss outcomes. He requested that the motion be withdrawn until after the discussion. The motion is valid, but he thinks that it is out of sync. Commissioner Price said that her motion stands and she still wants the task force to continue. John Roberts said that Habitat was involved because it is what the task force recommended. However, it would be cleaner if the County bought the land and then the towns could help fund the center. Michael Talbert said that the Board did approve $500,000 to move forward with a community center in the Rogers Road neighborhood. At the very next meeting, the $500,000 grew to $650,000. He said that originally Habitat was going to move the house but it was not feasible, so it evolved from a budget of$650,000 to two lots where Habitat wants to build on. There is temporary approval from the Town of Chapel Hill to move forward with the community center. There are continuing discussions with Habitat on how to make this work. If the two lots were taken out of the subdivision, the process with the Town of Chapel Hill would start over. Habitat wants to maintain control of the lot since it is part of their subdivision. Habitat does not want to be involved in the annual maintenance of the facility. There has been discussion about the towns contributing funds to this facility, but there have been no decisions. Commissioner Rich asked John Roberts to explain his letter and how it differs from what the task force suggested. John Roberts said that what they discussed recently is the streamlined approach and that the County is responsible for construction of the facility and there is no middle man. All of the entities have the same grant opportunities for recreational services and the County could offer this and all of the entities could participate. Commissioner Rich said that if that is the case, the County can move forward with a community center if this interlocal agreement can be created. Commissioner Rich said her goal is that there is action and something in place. Frank Clifton said the difficult issue they face is that when they get to a point, then someone brings up something and they are back at square one. He said if the County Commissioners wants the staff to move forward, then it should direct the staff to move forward with Habitat and an architect, and if the towns want to participate they can. If the County Commissioners want to get all on board before doing this then it will take longer. John Roberts said that this differs from the task force recommendation in that Habitat is not willing to donate the land. To be legally constructed, this cannot be a neighborhood facility only, but a public facility. Commissioner Price asked how much control RENA would have over the facility. John Roberts said that whoever they contract with must accept people from the general public. There must be equal access to the facility. Commissioner Dorosin said that this Board has already committed $650,000 to build the building, whether the towns kick in money or not. Chair Jacobs said the Board of County Commissioners said it was committed to having it built even if it costs $650,000, whether anyone else contributed. Commissioner Dorosin made a friendly amendment to Commissioner Price's motion to instruct the Manager to make a deal with Habitat and to start with construction of the facility and ask the task force to commit to assisting with the operational expenses. Commissioner McKee said that the critical issue is that there have been multiple task forces and Chapel Hill did a small area plan that was never adopted/implemented. He said that these two issues need to be separated out—the sewer and the community center. He said that the community center is set and ready to go. The community center needs to move forward now. He suggested handing the community center to the staff and attorneys and they can take care of a lot of the technical questions. Commissioner Pelissier concurred with Commissioner McKee. She said the Board originally created the task force to get something done and if the towns are not going to participate on the center then she sees no need for a task force. The task force and Board of County Commissioners want to do the community center now and Orange County budgeted for it, so the towns need to budget something too. She is reluctant to create a new task force until the towns commit. Chair Jacobs said the Board wanted to talk about the outcomes and only one of them is the community center. He made reference to page 28, which is the draft recommendation to the Assembly of Governments from the task force, which specifically said that the costs would be shared between the County and the towns to build a community center. He said the County Commissioners can still move forward and make a request to towns to find a way to make the funding happen, but the County can still move forward. Commissioner Price said when she made a motion to move forward with the community center, it was to make sure this got done and not to hold things up. Commissioner Rich said she wanted to defend Chapel Hill Town Council. All Town Council members agreed to do this community center. She said Chapel Hill is not saying that it does not want to fund this. The Managers need to get together and create the interlocal agreement and move forward. She believes that the towns are already committed to this. Commissioner Dorosin said sewer has always been the core issue facing the community along with water and the task force did not start talking about sewer until the end of the last six months. He said the task force has not resolved this issue and there is no funding model in place. He said this conversation needs to continue to happen and this is the critical issue. He thinks the task force needs to continue to resolve this issue of the sewer. Commissioner Gordon said that the community center is ready to go, and the task force may need to stay together for the sewer issue. Commissioner Rich said at all of the task force meetings they did talk about sewer issues and they did go a lot further than has been indicated here tonight. She said many elected officials may not be aware of how far these discussions have gone. She said as Commissioners that they need more information on a sewer authority and they would need to get more information from OWASA. Chair Jacobs said there is a consensus about going forward with the community center and he said they can entertain a motion to go ahead with a community center. The motion is to continue the task force. He suggested talking about the motion, which is to continue the task force, if the community center has been addressed. Commissioner Price said with the task force, at least they are keeping the community in the dialogue. Commissioner Dorosin made a friendly amendment to the motion to continue the task force with the charge as follows: 1) finalizing the cost and installation of sewer and water utilities in the community; 2) analyzing options to prevent gentrification and consider the Chapel Hill SAP; 3) considering funding options related to Greene tract; and 4) monitoring the progress of construction and development of the community center and agreements related thereto. He would like to add to the sewer charge that the primary goal be to provide the sewer at no cost to the residents of the community. Commissioner Price accepted the friendly amendment. Commissioner Dorosin seconded. Commissioner McKee said he cannot support this motion because of gentrification. He said that the day the sewer is built, development will happen. To try to prevent the development impinges on the rights of the property owners. Commissioner Pelissier said she has concerns about gentrification and this is a vague term. She said that it would be better to look at the Small Area Plan (SAP). Commissioner Gordon said that the motion is getting more complex, and it would better to vote the motion up or down now. Commissioner McKee said this is getting more convoluted and the focus should be on the community center and then what to do with the task force and the charge. Commissioner Price asked Commissioner McKee how he sees the task force prohibiting the center from moving forward. Commissioner McKee said he does not think the task force would slow down the center but it does not need to be a part of the task force if the County is going to build it. Commissioner Price said that she and Commissioner Dorosin would like to make sure the center gets built and to monitor that. She asked if Commissioner McKee would object if these two were on the task force, and Commissioner McKee said no. Chair Jacobs said Commissioner Dorosin's wording could be amended and he read: To continue the task force and update the charge: There are 4 parts to the charge: 1) Task force to look at final costs and provision for sewer and preference for no cost for Historic Rogers Road residents 2) Address gentrification 3) Consider funding options including the Greene Tract 4) Monitor progress on construction and development of the community center and agreements related thereto with the specifications outlined below: • The facility would be no larger than 4000 sq foot and would not exceed $700,000 • Long term low cost agreement with Habitat related to disposition and ownership of property • Interlocal agreement with managers that includes funding from the county and towns and the concept that the facility will be open to public • Staff would come back with plan to begin construction • Staff to come back with recommendation on how they would contract with some entity to operate the community center Commissioner Dorosin said they could sever the four things about the community center and vote on them separately if that would help everyone to agree. Commissioner McKee asked if this was a substitute motion at this time. John Roberts said that there would have to be an unfriendly amendment first. Frank Clifton said that staff could probably reach an agreement with Habitat fairly quickly, but the towns may take longer. Discussion ensued about the rules of making motions. Commissioner Pelissier said that she had called the question, but Chair Jacobs said that he did not hear. Commissioner McKee called the question on the whole complex motion. VOTE ON MOTION: Ayes, 3 (Commissioner Dorosin, Commissioner Price, and Chair Jacobs); Nays, (Commissioner Gordon, Commissioner Pelissier, Commissioner Rich, and Commissioner McKee) Motion Defeated A motion was made by Commissioner Gordon, seconded by Commissioner McKee: • That the County move forward with the construction of the community center • Instruct staff to confer with the managers and attorneys of the county and towns, to come up with legal options to construct the center, including any MOAs needed • The budget is to be $650,000, not to exceed $700,000 and 4,000 sq ft. • Confer with the towns about financial participation • Staff will come back with recommendations for the Board to consider on how the center is to be operated VOTE: UNANIMOUS A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to reconstitute the task force for six months and that the task force be charged with, considering the final cost provision and installation of water and sewer utility extensions, preferably at no cost for members of the Historic Rogers Road Community; consider options to address gentrification and consider Chapel Hill's most recent SAP; consider funding options including the Greene Tract. Commissioner McKee asked if Commissioner Dorosin would consider deleting the part about gentrification and Commissioner Dorosin said no. Commissioner Dorosin said they are only asking the task force to look at gentrification. Commissioner Rich asked if the managers continue on their path with conversations with OWASA about utilities. Frank Clifton said they have done a lot of work on technical details of how the utilities will be provided, and the Board of County Commissioners will become the primary Board. He does not think anything will change over the six months, but it is just a matter of working out the details and technical issues. Commissioner Rich asked whether they would start first with the sewer authority and how it works, to see whether it is something we would agree to do. Frank Clifton said that the significant issue with the sewer is the debt. There are two ways of handling this, and the first way is paying for it out of the general fund. The second is creating a utility district and contracting with OWASA to run the sewer district. Commissioner Pelissier said she will vote against this because she wants to make sure they do sewer. She does not want to add new charges when the other ones have not been met yet. Chair Jacobs pointed out that it is 10:30, which is the normal adjournment time and the building has to be vacant by 11:30. Also, the six months would be July 24th and the County Commissioners do not meet until the first week in September. Commissioner McKee said he will vote for this motion despite his reservations. He has concerns with expanding the charge. His primary concern is to move the community center forward. He has concerns about the cost of the sewer. He said that if he had calculated correctly, there were 28 parcels that wanted sewer and the cost was about $6 million. He said those were very expensive hook-ups. Chair Jacobs read the motion for the charge of the task force: (from Commissioner Dorosin • To continue the task force for six months • To have the task force consider the final costs, provision and installation of water and sewer utility extensions preferably at no cost for members of the Historic Rogers Road community • Consider options to address gentrification and consider Chapel Hill's most recent Small Area Plan • Consider funding options including the Greene Tract Chair Jacobs suggested bringing the school system in on the conversation regarding the Greene Tract in case a school is to be considered on this site. This would affect the provision of water and sewer. VOTE: Ayes, 5; Nays, 2 (Commissioner Rich and Chair Pelissier) Chair Jacobs said they will address the membership of this re-constituted task force at the January 29th work session. 8. Reports NONE 9. County Manager NONE 10. County Attorney's Report NONE 11. Appointments a. Advisory Board on Aging —Appointment The Board considered making an appointment to the Advisory Board on Aging. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Virginia Brown to a term expiring June 30, 2015 to the Advisory Board on Aging. VOTE: Ayes, 6; No, 1 (Commissioner Dorosin) Commissioner Dorosin said that he would like to talk about the process about appointments to the boards and the process at another work session. He said that he encouraged someone to apply and sent his recommendation to the chair of the board, and it was suggested that this was inappropriate and that the board should choose their applicants independently. He is not sure about the best and most respectful way to do this when he knows of someone that would be good for a certain board. Chair Jacobs said that there is some time on January 29th set aside for boards and commissions. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to appoint Lorenzo Mejia to one of the vacant positions. VOTE: UNANIMOUS b. Agricultural Preservation Board —Appointment The Board considered making an appointment to the Agricultural Preservation Board. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to appoint Ashley Parker to a term expiring June 30, 2015 to the Agricultural Preservation Board. VOTE: UNANIMOUS C. Orange County Parks and Recreation Council The Board considered making an appointment to the Orange County Parks and Recreation Council. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Erin Dillard to a term expiring March 31, 2013 to the Orange County Parks and Recreation Council. VOTE: UNANIMOUS 12. Board Comments Commissioner Pelissier, Commissioner Rich, and Commissioner McKee had no comment. Commissioner Dorosin said that on February 2nd there is a forum on student discipline and student success at the Century Center from 1:00-4:00. He is delivering the keynote address. Commissioner Gordon said that the NCDOT staff gave a new schedule that delays the adoption of TIP for one year. Chair Jacobs said that the 15th annual Agricultural Summit is February 11 th at the Schley Grange Hall. 13. Information Items • December 11, 2012 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measures of Enforced Collections • BOCC Chair Letter Regarding December 11, 2012 Board Member Petitions • Memorandum — Proposed New Greater Chapel Hill Fire Service District 14. Closed Session A motion was made by Commissioner Rich, seconded by Commissioner McKee to go into closed session at 10:50 PM for the purposes below: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." "To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations," NCGS § 143- 318.11(x)(4). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner McKee seconded by Commissioner Dorosin to reconvene into regular session at 11:45pm. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner McKee seconded by Commissioner Dorosin to adjourn the meeting at 11:45pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board