HomeMy WebLinkAboutMinutes 02-05-2013 APPROVED 4/9/2013
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
February 5, 2013
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
February 5, 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
Chair Jacobs went through the items at the County Commissioners' places
- PowerPoint for Item 6-b regarding the Comprehensive Plan and Unified
Development Ordinance Text Amendments and Zoning Atlas Amendments to
Establish Two New Zoning Overlay Districts in the Efland Area
- PowerPoint for Item 7-a regarding the Comprehensive Land Use Element Map and
Zoning Atlas Amendments- Orange Alamance Line
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 (Limited to One Hour)
a. Matters not on the Printed Agenda
Don O'Leary said that the social engineers of our time are using the same tactics as the
social engineers leading Nazi German, the Soviet Union and China. He said that the
environment, sustainable development, collectivism, and division are being used as tools to
achieve tyranny. He stated his belief that the county is promoting the enemy, ICLEI, the UN
and Agenda 21 through overregulation, unelected appointees, over taxation, land grabbing
and wasteful spending. He said that this will contribute to the buildup of an overload to the
system that could destroy the United States. He said that this is happening due to a lack of
knowledge with regard to history.
Valee Taylor introduced himself as the minority owner of Taylor Fish Farm. He asked
the Board of County Commissioners to help incubate them at the Piedmont Food and
Agricultural Processing Center (PFAP). He said the business can bring in 15 workers and
when completed can employ up to 45 people. He said they are a local, home grown business
in Cedar Grove and they need local jobs in their community. Economic downturn has hurt a lot
of their businesses in their area. They are a sustainable business; they comply with the Clean
Water Act; they are a value added commodity and they need some help. He said they are a
part of the community and have been operating for four generations on the same land. He
said that they want to be able to open up jobs to others through their tilapia business.
Renee Stewart introduced herself as part owner in Taylor Fish Farm. She asked if their
business follows all the procedures for PFAP, then can they use the facility as an incubator.
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)
Commissioner McKee petitioned the Board for staff to explore the possibilities of the
Taylor's being able to work with PFAP and this was seconded by Commissioner Price.
Commissioner Price noted that the Board heard about a solar project from the
Commission for the Environment last week and the Commission for the Environment would like
to know when the Board would be reviewing their request.
Chair Jacobs referred this to agenda review.
4. Proclamations/ Resolutions/ Special Presentations
a. Orange County Arts Grant Recipients
The Board presented checks to local artists and arts organizations receiving Fall 2012
Orange County Arts Grants.
Martha Shannon said that 38 grant requests had been received. She said the Arts
Commission awarded a total of over $26,749 in county funds for art projects proposed by 10
non-profits, 8 schools, and 2 individual artists. She gave an overview and some facts about
the grants. She said that Orange County Arts Commission was created on February 4, 1985
as the local distributing agent in Orange County and to award state grassroots arts
programming funding. She said that there is a request on the consent agenda to allow the
Arts Commission to apply to the state for the 29th consecutive year as designated county
partner in Orange County. She said that grants are awarded every six months, awarding state
funds in spring and county funds in the fall. She said grants are awarded for high quality arts
programming based on artistic merit and benefits to the citizens of Orange County. She noted
that all applicants are funded at no more than 50% of their budget and that individual artists
are paid only with county funds, not state. She said that 85-95% of grant funds are given to
outside non-profits and the remaining funds are used to supplement the Arts Commission's
own programs. She thanked the Commissioners for their continued support.
Chair Jacobs announced the recipients and Commissioner McKee awarded the grant
funds.
February 5, 2013
List of the recipients:
Grant Recipient: Attendees:
Arts Center - Julie Tomkovick
Botanical Garden Foundation, Inc./North Carolina Botanical Garden- Elisha Taylor
Cedar Ridge High School - Janice Wereszczak
Chapel Hill High School/Carrboro High School/Phoenix Academy Coalition- Michael Irwin
Estes Hills Elementary School PTA - Meredith Lassiter
Extraordinary Ventures - Cyndi Whisnant
Franklin Street Arts Collective dba FRANK Gallery - Barbara Tyroler
Friends of the Carrboro Branch Library - Nerys Levy
Hillsborough Arts Council - Gail Cooley
Michael Roy Layne dba Legacyworks - Michael Roy Layne
McDougle Elementary School PTA - Michelle Nickerson
McDougle Middle School PTA - Michelle Nickerson
One Song Productions - Nell Ovitt & Taylor
Norris
Phillips Middle School PTSA - Lyn Billings
SECU Family House at UNC Hospitals - Kirsten Beattie
St. Joseph's Historic Foundation (fiscal agent for Sacrificial Poets) - Will McInerney,
Kane Smego &
CJ Suitt
Mary Carter Taub - NOT AVAILABLE
TONIGHT
Town of Carrboro Arts Committee - Julie Tomkovick
b. OWASA Annual Update Presentation
The Board received a presentation and information from the Orange Water and Sewer
Authority (OWASA) on recent activities.
OWASA Chair Alan Rimer made this presentation. He introduced Ed Kerwin, the
Executive Director of OWASA and the Orange County representatives to OWASA, Terri
Buckner and Michael Hughes.
Alan Rimer noted that the annual report is included in the Commissioner's packet and
he thanked Commissioner Rich, Commissioner Price and Commissioner Dorosin for attending
a recent orientation.
He said, in regard to Jordan Lake, as a utility, OWASA has made a tremendous effort
at conserving water more than any other entity in N.C. He said there is a 50 year supply of
water but until 2035 date passes, when the quarry supply can be tapped, there is still potential
for vulnerability. As a result, a request has been made to move to a level one allocation for
Jordan Lake, which would give access to the water. He said that Cary and Durham specified
that, under condition of drought, access to that water might not be available without the level
one, which gives OWASA a piece of that pie.
He said the Drought Response Operating Protocol (DROP) was recently passed, which
provides an opportunity for OWASA, at stage one, to make a decision whether or not they will
need Jordan Lake when reservoirs are dropping and demand reaches certain levels. He
referenced a note from Michael Hughes stating that Wichita is in a Stage 3 shortage.
Alan Rimer said, in reference to the Rogers Road area, OWASA has acted as a
resource for this project and has provided answers as needed. He said this cooperation will
continue.
Commissioner Gordon referenced the DROP, page 10 under#4, and she asked about
page 3, which stated that Orange County and Hillsborough did approve it but Chapel Hill and
Carrboro did not. She questioned whether the DROP wording addresses concerns for both
jurisdictions.
She said her other question is on the top of page 7, regarding Level One allocation.
She said this passage seems to say that if Level One is obtained there must be withdrawal
within 5 years, but on the other hand there is only withdrawal when triggered.
Alan Rimer said when they activated DROP there were many considerations and
Carrboro did not buy into DROP as a principle, but believed OWASA should just conserve
more and wait for a more serious drought situation before going to alternative sources. He
said the problem with that is when a drought is occurring, sometimes the drought drains lake
quickly and other times slowly and they don't know at any one time about the speed of the
drought. Carrboro thought there should be a longer wait and Chapel Hill accepted as a whole
the OWASA principles, but their board felt that it would serve the community as it is now.
He said the OWASA board believes that if a level one drought is reached, it is not an
immediate trigger to go to an alternative source, rather this begins a process of gathering data
and examining it before a decision is made by the board. He said it is more of a deliberation
point.
He said that the way their withdrawal policy reads, a withdrawal has to be done in 5
years, but DNR has reassured the board that this does not really apply. He said that OWASA
has decided based on conversations with DNR that asking for Level One provides
opportunities needed and the five year limit is not a concern at this time. He said that if the
five year is reached and there has not been a need for action, there will be a check in with
DNR.
With respect to the WASMBA, he said there is no plan to change the water and sewer
master plan at this time.
Commissioner Price questioned, with regard to the Mountains to Sea Trail (MTST),
whether agreement had been reached with some of the citizens adjacent to OWASA property.
Alan Rimer said the feeling is that this lies in the hands of the county and county staff.
He said if staff continues to endorse this and if the Board of County Commissioners endorses
it, then OWASA would support whatever decisions the Board of County Commissioners make.
Commissioner Price questioned whether OWASA has had any further conversations
with citizens since their open houses last fall.
Michael Hughes said there has not been any contact with the neighbors and he said
OWASA's position is that they will work with county staff on whatever is proposed and
whatever the Board proposes.
Chair Jacobs said there is a technical group with TJCOG to look the Jordan Lake rules
and he said there is no representative that represents the rural area. He said the Board of
County Commissioners wrote a letter several years ago expressing concern that, starting at
current levels, reducing nitrogen loading on farms in the rural buffer, it would be impossible to
have agriculture in that area. He wondered if OWASA was plugged into that study or aware of
the letter.
Ed Kerwin said they do not know.
Alan Rimer said this topic has been around for a long time and Orange County does a
great job with management of over-fertilization. He said the Soil Conservation Service works
closely with the farmers and there are more conservation easements along strings of water
bodies in Orange County than any other county in the state. He said this speaks to why the
rural voice of Orange County needs to be heard.
Chair Jacobs referred to page 3 of their agenda item, the forestry management issue
that caused interest previously. He urged OWASA to get as much constructive public
participation as they can when this comes back.
Alan Rimer said this issue has been shelved with no sense of urgency at this point but
they did learn some lessons.
Commissioner Pelissier questioned whether the DROP has to be revised with
population growth.
Alan Rimer said this document was modified up to the point it was adopted by their
board and it gets refined on a regular basis.
Commissioner Dorosin asked about the Rogers Road issue. He said his concern is
that the longer they delay in providing water and sewer there, the higher the costs will be and
he noted that the cost estimate has risen from 4 million to 5.8 million in the last few years. He
said, costs can be prohibitive, by other options. He asked if OWASA is against alternatives like
gravity sewer and if that is their policy, he wondered how that might be changed.
Alan Rimer said these are not policy matters, but are matters related to system
operation. He said OWASA does have sewer pumping stations and they are not opposed to
them, however it is problematic to put a pump in a house. He said it requires maintenance and
most people, just like with septic systems, do not maintain them. Part of this maintenance is
the need for a duplex system in the event of a failure. He said an alternative solution would be
a vacuum sewer, but this is not the answer in an area like Rogers Road. He said that doesn't
mean that alternatives can't be looked at; however the number of lots and the location need to
be considered. He said several of the lots are problematic and analysis has shown that the
cost will be about $180,000 per lot. He said that once the final configuration is agreed to and
there is an understanding of the area to be served, OWASA will then go back and look at it to
bring forward the costs for different systems. He said the decision then lies with the Board of
County Commissioners and what they are willing to pay. He said that OWASA's job is to
present the options and the County will need to make a decision that best serves the people
and makes economic sense for the taxpayers.
5. Consent Agenda
A motion was made by Commissioner McKee seconded by Commissioner Pelissier to
approve the consent agenda as stated below:
VOTE: UNANIMOUS
a. Minutes
The Board approved the minutes from November 8 and December 6, 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 thirteen (13) taxpayer requests that will result in a reduction of revenue,
in accordance with NCGS.
C. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release property tax
values for seven (7) taxpayer requests that will result in a reduction of revenue, in accordance
with North Carolina General Statute 105-381.
d. Advertisement of Tax Liens on Real Property
The Board received a report on the amount of unpaid taxes for the current year that are liens
on real property as required by North Carolina General Statute (NCGS) 105-369 and approved
the Order setting March 13, 2013 as the date set by the Board for the tax lien advertisement.
e. Notice of Public Hearing on Orange County's 2013 Legislative Agenda
The Board approved the notice of the Board of County Commissioners' plans to hold a public
hearing on February 19, 2013 on potential items for inclusion in Orange County's legislative
agenda package for the 2013 North Carolina General Assembly Session.
f. Orange County Arts Commission Annual DCP Renewal with NC Arts Council
The Board authorized the Orange County Arts Commission and staff to apply by the March1,
2013 deadline for annual Designated County Partner (DCP) renewal with the NC Arts Council
in order to receive state Grassroots Arts Program funds for Orange County.
g_ Request for Three Time-Limited Staff Positions at DSS
The Board approved Social Services (DSS) creating three new time-limited positions to be
used during the transition of the current legacy automation systems to the new NCFAST
program.
h. Legal Advertisement for Quarterly Public Hearing — February 25, 2013
The Board approved the legal advertisement for items to be presented at the joint Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 25,
2013.
i. Change in BOCC Regular Meeting Schedule for 2013
The Board approved one change in the County Commissioners' regular meeting calendar for
2013 by changing the March 12, 2013 BOCC Dinner Meeting at 5:30pm FROM Link
Government Services Center TO Southern Human Services Center, 2501 Homestead Road,
Chapel Hill, prior to the 7:OOpm work session (the change in location for the dinner meeting
inadvertently got left off of the change that was made for the 7pm work session at the 1/24/13
meeting).
L Boards and Commissions-Commissioner Assignments
The Board approved the list of boards and commissions on which members of the Board of
County Commissioners have chosen to serve, which is incorporated by reference.
6. Public Hearings
a. Orange County Consolidated Housing Plan Update
The Board received comments from the public regarding the housing and non-housing
needs to be included in the Annual Update of the 2010-2015 Consolidated Housing Plan for
Housing and Community Development Programs in Orange County and proposed uses of
2013-2014 HOME funds.
Housing and Community Development Director, Tara Fikes said their last plan was
completed in May of 2010 and they did identify three goals in Orange County. One of those
goals was to provide decent and affordable housing for lower income households through the
following efforts: 1) Assisting low income home owners living in sub-standard housing, 2)
providing rental units for low income residents, 3) assisting people who lack indoor plumbing,
4) helping low income renters become home owners, and 5) help extremely low income renters
find affordable housing.
She said that the second goal was to assist the homeless in finding housing as well as
services to maintain housing, and the third goal was to assist in provision housing and services
for the special needs population. She asked for any additional comments regarding needs in
the community.
Tara Fikes said that the second purpose of this meeting was to hear comments about
the proposed usage of the HOME investment partnership dollars. She said this program
allows activities such as property acquisition, new construction, housing rehabilitation and
rental assistance. She said they are unsure about final fund allocations for this year, but they
are proceeding with the plan under the assumption that they will receive at least the same
funds as last year, which equaled $383,485. She said there has also been program
investment and some projects that no longer require funding, leaving another $180,000
available as well.
Chair Jacobs said affordable housing was a topic of conversation at the Board retreat
last week and there will be a joint dinner meeting with Affordable Housing Advisory Board on
March 12.
Commissioner Dorosin asked if there was there anything in this plan substantively
different from last year's plan and he asked for clarification of how much of last years' money
was allocated to the low income rental units.
Tara Fikes said that the plan is the same as it was last year and it is a five year plan
that remains in place until 2015. With regard to the rental units, she said, $50,000 was
provided for rental assistance in support of the homeless outreach program. She said they
also allocated $37,000 for housing rehabilitation funding for complexes in Chapel Hill (Elliot
Woods and Chase Park), and $90,000 to EMPOWERMENT for purchase of rental apartments
to rent to low income people.
Commissioner Dorosin asked if the latest copy of the CDBG, showing impediments to
fair housing, could be provided, and Tara Fikes said yes.
PUBLIC COMMENT:
Susan Levy, Executive Director of Habitat for Humanity, gave a brief overview of 2012.
She said there were twelve creative partnerships formed to build twelve new homes this past
year. She said that eleven of those homes were in the Phoenix Place subdivision in Historic
Rogers Road and one of those homes was in the Fairview Community. She noted that
families who purchase from Habitat are local people who work and provide services within the
community. She said that most of the families served, lived in overcrowded apartments, paid
over 30% of their income for rent, and had high utility cost and lack of repair service. She
noted that once the people move into Habitat homes, mortgage cost is often less than prior
rental costs and utility cost is lower, which leaves more income to be spent in the local
economy and to meet basic needs.
Susan Levy said that low and very low income households were also served through a
new exterior repair program called Brush of Kindness, and she stressed the pressing need for
these types of repair projects and the goal of increasing this service. She said Habitat had
nearly 2000 volunteers, who logged more than 1700 volunteer hours. She noted that Habitat
home owners paid a total of$304,455 in property taxes. She said that HOME funds have
been a critical factor in building efforts. She said that 225 homes have been built. Four
homes are currently under construction and the demand for homes by qualified families has
consistently exceeded demand. She noted that there are only seven lots left in Phoenix Place
and Habitat will soon be moving on to a 28 home subdivision in Efland Cheeks Township. She
recognized several home owners present who will be moving into Habitat Homes in the near
future. She concluded by saying that Habitat will be requesting 2013 home funds for second
mortgages for 15 new homes.
Deborah Burton said she is building her home here in Hillsborough in partnership with
Habitat for Humanity and Orange County Schools. She thanked the Board for making this
possible and asked them to continue funding this year to make this possible for other families.
Robert Dowling, Executive Director of Community Home Trust (CHT), said CHT
implements inclusionary housing in Orange County and currently has 200 homes in its
inventory. He said the expectation is to sell an additional 25 homes in the next 6 months;
many of these homes will require public subsidies totaling more than $300,000, which is
available from HOME funds and other sources. He said there is a lot of turnover with
townhomes and condominiums, not single family homes. When these properties turn over,
subsidies are lost. He noted that median income has become flat but the costs of the homes
increase, which increases the need for subsidies. He said they will be coming to the Board of
County Commissioners to ask for HOME funds in the amount of$60,000. He noted that
$40,000 will be used to keep homes affordable and $20,000 will be for operating support. He
said they could never have done this with the support of local governments. He said that this
is the most difficult housing market he has seen.
Commissioner Dorosin said he is appreciative of all the work that has been done and
he echoed the comments from the retreat. He said this plan should likely be re-visited sooner
than 2015 in light of changes mentioned. He said this is an opportune time to be thinking more
creatively. He said he has been haunted by the recent purchase of Abbey Court, which has
252 units and sold for $7 million. He said these were the most affordable units in Orange
County and now it looks as if the rent is going to be raised along with assessments. He said
there is a need to talk about different ways of doing things, including manufactured housing
and he would value advice from the professionals and the Affordable Housing Advisory Board.
Chair Jacobs noted that 1.3, page 32 talks about people not having indoor plumbing.
He questioned how much this count has been reduced and Tara Fikes said she would get him
that information.
Chair Jacobs said the Board heard on Friday that the Community Home Trust was
recruiting people from Durham County to move into unoccupied Orange County housing.
Robert Dowling said he is not aware of this. He said he wrote a memo to the Board of
County Commissioners asking for relief from some of the requirements if a home has not sold
after a certain number of days. He said there are so many properties on the market and it is
difficult to sell them, which puts a burden on CHT and makes the homeowners unhappy and
frustrated. He said the memo requests relief from hurdles to allow interested buyers, who
don't live or work here, to purchase the homes.
Chair Jacobs clarified that theoretically people outside of the county will be purchasing
the homes if the Board waives those hurdles and Robert Dowling said yes, after 90 days.
Commissioner McKee asked if there was any thought to transfer these homes to rental
properties, considering the number of homes on the market
Robert Dowling said there are several hurdles and CHT needs to stay focused on home
ownership not rentals. He said another issue is that special use permits that are approved by
local governments refer to home ownership, not rentals. He said if HOME funds are involved
then Orange County does have a say in some of the hurdles.
Commissioner McKee said they may have to start thinking out of the box.
Commissioner Rich said the same letter came to the Town Council several months ago
and it stated there are certain steps before Durham residents are looked at, thus giving
Orange County residents preference. She said that it may be time to view that memo again.
Commissioner Dorosin asked if the CHT receives any discount on the HOA dues of
condos in the high end markets.
Robert Dowling said this is by project. He said that for East 54 there is no discount but
there is a transfer fee whereby private sector owners pay a 1% fee that is used to supplement
dues. He said that Greenbridge also has transfer fees and at 140 West there is no transfer
fee but there is an agreement with the Town of Chapel Hill. He said that it basically varies by
project but that special assessments don't get built in and dues can rise, making transfer fees
inadequate.
Commissioner Dorosin asked if the subsidies mentioned are upfront or if they are
additional with homeowner dues.
Robert Dowling said that subsidies are put in at the initial sale, but because median
income has declined and everything else goes up, creating the need to re-subsidize when it is
transferred.
Chair Jacobs said he gave Tara Fikes some suggested topics from the retreat to share
with the joint meeting on March 12.
Tara Fikes said their advisory board is reviewing the letter now.
A motion was made by Commissioner Rich seconded by Commissioner McKee to close
the public hearing.
VOTE: UNANIMOUS
b. Comprehensive Plan and Unified Development Ordinance Text Amendments and
Zoning Atlas Amendments to Establish Two New Zoning Overlay Districts in the
Efland Area - Public Hearing Closure and Action (No Additional Comments Accepted)
The Board will receive the Planning Board's recommendation, close the public hearing,
and make a decision on Planning Director initiated amendments to the Comprehensive Plan,
Unified Development Ordinance, and Zoning Atlas in order to establish two new zoning overlay
districts in the Efland area. The primary purpose of the overlay districts is to provide for a
more village and urban style of development in an area of the county served, or intended to be
served, by public water and sewer systems.
Perdita Holtz said, because of the presence of new Board members and because the
staff and Planning Board recommendations differ, she would do a review of the plan text using
PowerPoint. The slides are included in the abstract notes for Item 6B and are as follows:
Comprehensive Plan Text, Unified Development Ordinance Text, and Zoning Atlas
Amendments to Establish Two New Zoning Overlay Districts in the Efland Area
February 5, 2013
Item 6.b
Zoning Atlas Amendment (Map-see abstract)
• Heard at November 19, 2012 quarterly public hearing and referred to Planning Board for a
recommendation.
• Staff asked Planning Board to specifically weigh in on:
a. Whether to retain the staff-proposed "tick" for a Special Zoning Overlay
District in the 20-Year Transition land use classification.
b. Whether an "internal pedestrian circulation system" should be required in the
Efland Village Overlay District on a large project.
Comprehensive Plan Text Amendment (Chart-see abstract)
Planning Board Recommendation
• Keep the "tick" in the 20-Year Transition row.
• Include language to require privately-owned, connecting walkways throughout the
Efland Village Overlay District.
c. Believes that provision of a pedestrian system (and other modes of
transportation) is very important
• Unanimously voted to recommend approval if pedestrian system language added.
Staff Recommendation
• Partially based on October 2011 work session regarding sidewalks and NC counties'
challenges in providing and maintaining sidewalks.
d. BOCC sentiment that getting into "the sidewalk business" is not feasible at
this time.
• Also based on issues identified in abstract regarding requiring private provision of an
interconnecting public walkway system.
• Require that "large" projects in Efland Village Overlay District provide an "internal
pedestrian circulation system"
e. "Large" defined (for this overlay district) as:
i. Located on 2 or more acres or
ii. > 15,000 square feet of building area
iii. Large parking area: > 50 parking spaces
• Also continue to acknowledge the importance of providing sidewalks and facilities for
other modes of transportation.
• Pursue opportunities to advance these ideas and ways counties can implement them at
the State level.
Manager's Recommendation
• Receive the Planning Board's recommendation of approval with changes (require
interconnecting walkways)
• Close the public hearing
• Deliberate as necessary and decide accordingly
-Manager recommends adoption of the staff-recommended ordinance in Attachment 2
and the Resolution of Consistency in Attachment 4
Chair Jacobs clarified that if the Board follows staff recommendation, attachments 2
and 4 will be adopted and if the Board follows the Planning Board's recommendation,
attachments 3 and 4 will be adopted.
Perdita Holtz said this is correct.
Commissioner McKee questioned why approval of either recommendation would not
put the area in the sidewalk business.
Perdita Holtz said the internal pedestrian system would be private for use of
development residents only, but it would not be open to the public or interconnected to
adjacent parcels. She said that the sidewalks would be owned and maintained by the property
owners.
Frank Clifton said with the alternative of a small office or shopping complex which
would provide walkways to get to and from the complex from the parking area and again,
would be maintained by the property owners. He said that there were just so many hurdles
with sidewalks when the county does not have a public works department. He said that it is an
issue to be looked at further; the state has given the county permission to get into the sidewalk
business, but no revenue to do so.
Commissioner Price said, with regards to the sidewalks in a small development, she
wondered if this would be a requirement for every development.
Perdita Holtz said it would be a sidewalk in the public right of way and would be
provided by the developer.
Commissioner Price questioned if it would it be a requirement for builders
Perdita Holtz said it would not be frontage and the language does give the Planning
Board Director some leeway in the site review process.
Commissioner Price questioned if the sidewalk has to be concrete or could just be extra
shoulder width.
Perdita Holtz said the Unified Development Ordinance does not specify a material, but
the sidewalk would just have to be designated in some way.
Commissioner Price said when the planning board was discussing this, did they have
any specific ideas about sidewalk versus extra right-of-way areas on the road.
Perdita Holtz said that it had started out as a right-of-way discussion but this did not
mesh with DOT standards for sidewalks. She said the discussion then turned to how to have
sidewalk on private property for public use, but specific materials were not discussed. This
was left open so as to be site specific and determined during the site plan review process.
Commissioner Rich said she is a big fan of connectivity and wondered if there is a way
to make sure that there is connectivity. She questioned if the area is being looked at as a
whole or each parcel individually. She said she believes it should be a goal to have parcels
connected.
Perdita Holtz said staff is a proponent of connectivity, but their hands are tied by the
state. She said that the NCDOT has not been receptive to allowing sidewalks in the right-of-
way or of taking on any maintenance responsibility. She said things are done on a site by site
basis and there are requirements for open space connectivity.
Commissioner Rich said this is a concern and as overlay districts happen throughout
the County, the developments should not isolated. She said that the full picture is not being
considered if connectivity is not allowed.
Commissioner Price said the Board is getting caught up with the word sidewalk when it
could be called a walk way and should just be about getting to point A and point B without
being in the middle of the street. She said that NCDOT should allow use of right-of-ways for
bicycles.
Perdita Holtz said the staff's recommendation is to continue to bring this issue to the
forefront at the state level.
Frank Clifton said as staff looked at this, the reality of this village concept in a rural area
is that they don't have a connectivity plan. The hesitancy of DOT to accept more responsibility
for these right-of-ways and with the Board of County Commissioners not wanting to be
involved in the maintaining of those right-of-ways, creates the awkward position of asking
property owners to put the walkway in and accept the maintenance and liability. He said there
is need for more study and a decision about how far the County wants to get into the
urbanization business. He said that the state is expanding ability but not revenue sources for
this. He said that if the desire is to encourage development then before rules burdening
property owners are established, the issues need to be studied further.
Commissioner Gordon said she supported connectivity, but wondered if there is a
collector street plan for this area, because they are trying to make this more urban but they
have no mechanism for connectivity. She said the whole point was to allow more non-
residential development but there needs to be a path to that. She said that collector street
plans are more in the paradigm and at least have the developer build the street.
Perdita Holtz said they could look at this issue. She noted that in Efland, many of the
lots go to the center line of the roads and DOT maintains them but does not own any right of
ways. She said that the suggestion is to adopt the overlay districts at this time and put some
design standards in place before any more large scale development takes place, while
continuing to work on the topic of sidewalks.
Commissioner Dorosin clarified that what the staff recommends is approval of the
internal walkway plan for the five acre interstate district with no walkway plan for the village
district.
Perdita Holtz said that for the Village District there would be an internal pedestrian
system required for projects on 2 acres or greater than 15,000 square feet of building area.
She said that there is leeway in this during the site plan process.
Commissioner Dorosin questioned how the Planning Board's recommendation differs.
Perdita Holtz said that the Planning Board recommends a privately owned and
maintained walkway system throughout the area, on private property.
Commissioner Dorosin questions how this differs from the requirement for 2 acres or
more.
Perdita Holtz said the 2 acre requirement is only for internal use, larger businesses
would only have walkways between buildings; however the Planning Board's recommended
walkways would be a private sidewalk system that anyone could use.
Commissioner Dorosin said his question is with regard to the approval process and he
wonders if they could incentivize the developers to provide a publicly accessible sidewalk.
Perdita Holtz said there would need to be a sidewalk plan for the area to avoid issues
with encouraging trespass on adjoining properties if a sidewalk ends at the edge of one
property and is not continued on the next.
Commissioner Pelissier said most lots in this overlay district either face Hwy 70 or
Efland Cheeks Road and these are highly traveled roads. She said that requiring sidewalks is
not going to encourage connectivity in this area.
Perdita Holtz said the internal pedestrian system is an amenity for that property.
Commissioner McKee said that this issue brings up questions that center on the cost of
housing and the cost of building in Orange County. He said that he does not believe the
planning is not far enough along to really consider and he feels the discussion is premature.
He said there should be a closer look at connectivity and whether this will continue the
escalation in property cost on housing and businesses. He thinks the high housing cost in
Orange County is partially due to these regulations.
Chair Jacobs asked Craig Benedict how this fits into the Planning Department's work
plan to pursue a connectivity plan.
Craig Benedict, Orange County Planning Director, said there is an Efland/Mebane area
implementation focus group that could be re-convened to discuss this issue along with other
topics that come with making this a village area. He said that the struggle is that there are
designated urban transition areas, yet there are characteristics that fit more with a rural county.
He said that if growth is to be promoted, the connectivity characteristic is needed. He said
there will be a work plan note put together and sent to the Commissioners on what the
Planning Board is trying to achieve and how progress will be made. He said there is potential
to bring this up on the work plan for this year.
Chair Jacobs agreed with the connectivity issue being a priority and said this issue has
been discussed in the Efland area for about 8 years. He said it has not been satisfactorily
addressed. He said either recommendation will require more work for planning staff. He said
that an incentive plan is worth looking at and a connectivity plan is essential. He said that if
intensity is going to be encouraged then comprehensive connectivity must be dealt with. He
said that it is the job of the Board, if planning for urban style growth, to plan for urban style
transit and he would hope for concrete recommendations this year.
A motion was made by Commissioner McKee seconded by Commissioner Gordon to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee seconded by Commissioner Rich to
adopt item 3-c which states the Board will not adopt any changes, and that the Board will
adopt
Attachments 5 and 6, which consist of an ordinance denying the amendments and
the Statement of Inconsistency with the Comprehensive Plan; and that staff and the Planning
Board will address and answer the issues on page 3, Items 1-7 listed below:
1. The imposition of `requiring' public use of private property including the cost
(potentially upwards of$100 per linear foot, depending on site conditions), liability and
maintenance. Do issues of partial taking arise?
2. Would this pedestrian system have to be Americans with Disabilities Act (ADA)
compatible (i.e. paved)?
3. The legal authority to enforce lack of maintenance.
4. The increase in impervious square footage due to the walkway causes a restriction in
the potential building size.
5. Would the `piece-meal' implementation cause "sidewalks to nowhere" and/or affect
the development design of adjacent parcels?
6. Associated liabilities to third parties by individual property owners.
7. Lack of an overall master plan for walkability.
Commissioner Dorosin said he sees the seven issues as narrower than what Chair
Jacobs said about connectivity plans and urbanization of the area.
Commissioner McKee said his intent is that this be moved back to the Planning Board
and staff for discussion and not that any comments or ideas discussed be eliminated or not
considered. He said the idea of putting the plan in place and then addressing the issues is
counterproductive and said that he is supportive of the village and the zoning.
Chair Jacobs said #7 on page 3 is just a comment, not a direction and he questioned
Commissioner McKee's intention in requesting an answer to this open ended statement.
Commissioner McKee said the intention is to address the lack of overall plan or to ask
what the plan is.
Chair Jacobs said he wanted to clarify if the Board is directing staff to proactively
address a walkability plan or just saying that there is no overall plan.
Commissioner McKee said the issue of need for, or lack of need for, a master plan
should be part of the Planning Board and staff's discussion. He said that his concern
continues to be the 700 pages of the Economic Development Ordinance and its impact on the
affordability of housing and the attractiveness of locating businesses in Orange County.
Commissioner Rich said it feels like this is not ready to be voted on.
Commissioner Gordon suggested that the Motion 3-c should include the additional
statement to "Accept the planning director's recommendation", followed by the
recommendation wording below Issue 7 on page 3, which states as follows:
...Planning Director recommends that additional study occur to create more logical,
legal and cost effective regulation in regards to pedestrian systems. The development of a
village pedestrian master plan with associated private maintenance authorities (should)
potentially be explored
Commissioner McKee accepted the friendly amendment
Commissioner Gordon asked for clarification about Commissioner McKee's original
statement of the issues.
Chair Jacobs said that he read 3-c and then asked for answers and clarification to
issues 1-7.
Commissioner Gordon said she would say address the issues and then add the second
point she read previously, changing the word could to should.
Commissioner Rich accepted the friendly amendment.
Commissioner Price said that liability is mentioned with regard to pedestrian walkways
but she is concerned about safety and this is not mentioned.
Commissioner Dorosin asked Craig Benedict about the recommendation of adoption of
Attachment 2, in the interim.
Craig Benedict said that, aside from the pedestrian walkway issue, there are 15-20
good aspects that are not being questioned and make sense. He said that going with 3-c
throws these good things out. He said that going with Attachment 2 accepts these good things
and holds off the pedestrian circulation issues.
Chair Jacobs said that if you read 3-c it states that everything comes to a halt.
VOTE: Ayes, 4 (Commissioner Rich Commissioner McKee Commissioner Gordon
Commissioner Price); Nays, 3 (Chair Jacobs, Commissioner Pelissier and Commissioner
Dorosin)
Motion passed
Commissioner Pelissier questioned if there would be a need for a new public hearing.
Perdita Holtz said yes and noted that the buffer requirements are still in effect.
Chair Jacobs asked for clarification regarding all of the discussion on buffering. He
referred to page 59 — c, and said the statements about vegetative buffering do not clarify if
existing vegetation can be used.
Perdita Holtz said that existing vegetations is acceptable and referred to this statement
in section 6.8.
7. Regular Agenda
a. Comprehensive Plan and Zoning Atlas Amendment Outline and Schedule for
Upcoming Item — Orange-Alamance County Line Adjustment
The Board considered processes components and schedule for a Planning Director
initiated item for amendments to the Comprehensive Plan Future Land Use Map and Zoning
Atlas related to the finalization of the Orange-Alamance County Line, currently scheduled for
the May 28, 2013 Quarterly Public Hearing.
For the purpose of informing the new Board members, Craig Benedict presented a PowerPoint
Presentation on the background information. He referred to the slides that follow:
February 5, 2013
AGENDA ITEM
Comprehensive Land Use Element Map and Zoning Atlas Amendments — Orange
Alamance Line
ORANGE-ALAMANCE COUNTY BOUNDARY LINE REPORT (Graphic)
BACKGROUND:
• Boundary line had become `uncertain' over the years creating contradictory maps.
• Both the Orange and Alamance County Board of Commissioners requested the North
Carolina Geodetic Survey (NCGS) prepare preliminary surveys linking description to
field monuments
BACKGROUND:
• Both Counties initiated process
• Adoption of Session Law 2010-61 petition criteria to `adjust the line'
• Project involved numerous Orange County departments including, but not limited to:
Manager's office, Planning, Land Records, Tax Administration, GIS, Attorney's office,
Health Department, etc.
BACKGROUND:
• 91% Line' was resolved with the passing of Session Law 2011-88 on May 25, 2011
• The remaining 9% was addressed with the passage of Session Law 2012-108.
Alamance-Orange Boundary Implementation Flowchart (Chart)
(Michael Harvey takes over the PowerPoint presentation at this point.)
NECESSARY ACTIONS:
• Orange County has to extend zoning and land use categories on properties located
within our planning jurisdiction as the result of the boundary line agreement.
• In November of 2011 the BOCC held a public hearing to extend zoning and land
use onto 65 properties (approximately 221 acres involved) as part of the `91 W
boundary line project.
• The BOCC approved the zoning atlas and future land use map amendments on
December 13, 2011.
• Now we have to do the same thing with the properties associated with the `9%'
portion of the line.
ADOPTED COUNTY LINE — 91%: (Map)
9% Line Project:
• Project impacts 11 properties in northern Orange County along Eliza Lane.
• Properties currently have zoning/land use classifications assigned. Staff will be
extending these existing classifications on those portions of property now located in
our jurisdiction.
IMPACTED AREA - 9% LINE: (Map)
RECOMMENDATION:
• The Manager recommends the Board approve the attached Amendment Outline
Form and direct staff to proceed accordingly.
When presenting slide 5, Craig Benedict noted that there are two communities where
work still needs to be done, with Mill Creek and Morrow Mill and this will not be forgotten.
Michael Harvey noted that there will be an open house in April for impacted property
owners and notification requirements will be followed.
Commissioner Rich asked if the zoning would be consistent with the property that is
already there.
Michael Harvey said yes, they are just extending existing zoning and land use
categories.
Commissioner Rich asked if there were any foreseeable problems with this.
Michael Harvey said no.
Chair Jacobs and Frank Clifton reviewed more historical information for the newer
board members.
A motion was made by Commissioner Pelissier seconded by Commissioner Rich to:
Approve the processes' components and schedule for a Planning Director initiated item for
amendments to the Comprehensive Plan Future Land Use Map and Zoning Atlas related to the
finalization of the Orange-Alamance County Line, currently scheduled for the May 28, 2013
Quarterly Public Hearing.
VOTE: UNANIMOUS
b. Follow-up Discussion on the Continuation of the Historic Rogers Road
Neighborhood Task Force
The Board considered follow-up on Board discussions at the January 24, 2013 regular
meeting and the January 29, 2013 work session regarding the continuation of the Historic
Rogers Road Neighborhood Task Force with consideration of the following: requesting that the
Towns appoint their respective representatives; confirming the appointment of Commissioners
Penny Rich and Renee Price to serve on the Task Force; consider appointing David Caldwell
and Robert Campbell from the Rogers Eubanks Neighborhood Association (RENA) to serve on
the Task Force; and confirming the Charge and a Timeline for the continued activities of the
Task Force.
Frank Clifton said the board requested this to come back for review. He said the Board
took action tonight on the consent agenda for appointments on this task force. He said that
the two citizens need to be reappointed and the towns need to appoint as well. He said that
clarification was asked for on the motions from January 24tH
Chair Jacobs asked for clarification of the task force timeline included in the motion,
which is 6 months from adoption, and he noted 6 months from adoption would be July 24tH
Frank Clifton said the issue for the Board of County Commissioners is that there is
summer break and he asked if the board would want this task force to come back with a report
in September.
Commissioner Rich said; regarding bullet point one, could the towns also be asked to
approve, along with their appointments, the continuation of the task force. She said there is an
assumption that the towns want the task force continue but this should be confirmed.
Chair Jacobs said, assuming the towns approve this, it could be six months from the
last town endorsement and approval.
Commissioner Rich said Orange County should put a deadline date on it and not wait
for the towns.
Chair Jacobs pointed out that the board reconvenes on September 5tH
Commissioner Price said she believes that the task force wanted this to end by
June. She said that since none of this is new, the Board should move forward and attempt to
have something done by June.
Chair Jacobs said June is full with budget items even though no one disputes her point.
Commissioner Price said the point was to have things done no later than June.
Commissioner Dorosin said that June puts it down to four months and he believes the
start should be when the task force meets again. He said that this needs to be meaningful and
four months will lead to ramming through recommendations without really engaging the
community. He said that the target should be 6 months from when the task force meets again.
Commissioner McKee expressed his agreement with Commissioner Dorosin and said
that the other boards will take some time to make appointments and then there will be a lag
before the group meets. He said that because this will not be addressed until at least
September 5th, he does not have a problem with asking for a report back by the second
meeting in September. He also suggested a 6 month timeframe from the date of either the last
appointment by the towns or the first meeting by the task force.
Frank Clifton said he did not want to create confusion and that he sees no reason to
have a report due July 1St if none of the bodies meet until September. He feels a September
deadline is good.
Commissioner Dorosin said that since the community center has been bifurcated from
the task force, that will proceed at pace. He said he is less concerned that giving a 6 month
time frame will keep things from proceeding.
Commissioner Price said she is fine as long as they do have a certain deadline date.
Chair Jacobs pointed out that the motion that was ratified was to continue the task
force for 6 months, but it has no definition of this timeline. He suggested that they clarify the
timeline by setting the expectation of a report at their September 17th meeting.
Michael Talbert said all of his points have been covered and it is unlikely the task force
will meet before mid-March and a September date is feasible. He said that it will take at least
4-6 weeks to pull together a final report for approval from the task force, prior to the town and
county seeing it.
Chair Jacobs said that Commissioner Dorosin had made an observation about the
charge from January 24th meeting related to items 3-4 on the motion.
Commissioner Dorosin said that when he made the motion to consider options to
address gentrification, he intended on including Chapel Hill Small Area Plan (SAP) as all one
bullet item, considering future development in the area.
Chair Jacobs said he was not sure there was any substantive difference.
Commissioner Gordon said it should be left as is. She said she listened carefully to the
video of the meeting. When Chair Jacobs read the motion he used a lot of"ands", which
resulted in the clerk writing it as it stands, and Commissioner Gordon accepted what the clerk
wrote.
Commissioner Rich said it is important to bring the Small Area Plan (SAP) back when
they talk about this in the task force; but that it is also a good idea to go back and look at all
the recommendations dating back to 1997 to bring those past opinions back to the table.
Chair Jacobs reviewed what he had noted from the discussion:
-Request that towns appoint task force members and confirm the continuation of the
task force.
- Make a separate recommendation that the six month period conclude with a report to
come back to the County Commissioners no later than the September 17, 2013
meeting.
A motion was made by Commissioner Gordon seconded by Commissioner Price to
request that the towns confirm that the task force should continue and that they appoint task
force members; confirm the appointment of Commissioners Rich and Price as the County's
members on the Historic Rogers Road Neighborhood Task Force; appoint David Caldwell and
Robert Campbell from the Rogers Eubanks Neighborhood Association to the Historic Rogers
Road Neighborhood Task Force; confirm the Charge and Timeline of the task force as
specified in the second motion at the top of page 3 from the previous meeting, and specify that
the report be due no later than the September 17th Board of Commissioner's meeting.
Chair Jacobs asked for additional comments.
Commissioner Dorosin said that the Rogers Eubank Neighborhood Association (RENA)
should appoint its own two citizens to the Historic Rogers Road Task Force and offered this as
a friendly amendment.
Commissioner Rich said the neighborhood should be asked the same questions as the
towns, thus they should be asked to appoint two members and they should be asked if they
wish to continue the task force.
Commissioner Gordon requested that RENA confirm that the task force continues and
appoint two task force members.
A motion was made by Commissioner Alice Gordon and seconded by Commissioner
Renee Price to:
1. Request that the towns confirm the continuation of the Historic
Rogers Road Neighborhood Task Force and appoint members to the Task force;
2. Confirm the appointment of Commissioners Rich and Price as the
county's members on the Historic Rogers Road Neighborhood Task Force;
3. Request that the Rogers Eubanks Neighborhood Association confirm
the continuation of the Historic Rogers Road Neighborhood Task Force and appoint two
members to the Task Force;
4. Confirm the charge and a timeline for the Task force as specified by the motion
approved at the January 24 meeting:
- To continue the Task Force for six (6) 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;
- Consider Chapel Hill's most recent Small Area Plan;
- Consider funding options, including the Greene Tract.
5. Specify that the Task Force provide a report to the Board of County
Commissioners no later than the Board's September 17th meeting.
Prior to voting, Commissioner Dorosin raised an item from the 1/29 work session,
stating that he feels that the voting procedure at the work session was not appropriate. He
said when multiple people are being appointed, Board members should be required to vote for
the two people at one time. He noted that some people voted three times for two seats and
this is problematic.
Commissioner Dorosin also said there was some concern from board members that he
had a conflict of interest and should not have been appointed. He said that the County
Attorney addressed this issue in a memo. He said that all Board members have association
interests with organizations and groups across the county and the idea that participation in
those groups disqualifies members from participating is nonsensical. He said he wants to be
mindful of that and that there was no conflict of interest pursuant to the law. He asked the
County Attorney to clarify this on the record.
John Roberts said the term conflict of interest is not defined in the county statutes and
a county commissioner is required to vote on all issues that come forth unless that member will
receive a direct financial impact from that vote or the vote involves an item regarding the
Commissioners official conduct. He clarified that he did not find any actual legal conflict with
Commissioner Dorosin's potential task force involvement.
VOTE: UNANIMOUS
8. Reports
a. Changes in Taxation for Motor Vehicles
The Board will receive an overview of the upcoming changes to the taxation of
registered motor vehicles as stipulated in House Bill 1779, and information on the current
status of the project.
Dwane Brinson, Orange County Tax Administrator, presented a PowerPoint presentation and
discussed the slides included below:
North Carolina
"Tag and tax"
Background:
• General Assembly passed HB 1779 in 2005
• Bill was delayed a couple of times, but now is moving forward towards implementation
• Will take effect with vehicle registration renewals due July, 2013
Current System: "Billing in Arrears"
• Taxpayer renews vehicle registration through NCDMV, either online, mail or in person
• Tax office receives monthly file of all new registrants from the preceding month
• Vehicle property tax bill mailed out by tax office approximately 3 months after
registration renewal
• Vehicle property tax bill due the 4th month after registration renewal
Current System: "Billing in Arrears"
• On average, 66% of Registered Motor Vehicle (RMV) bills are paid on time
• In a full fiscal year, vehicle tax collections across are significantly less than annual bills
• Figure 1- Fiscal Year Ended June 30, 2011 Collections (Table)
New System
• "Tag and Tax" project
• Combines vehicle property tax notice and payment with the vehicle registration process
• Invitation to renew
- Registration fee and vehicle tax notice sent in advance
• Taxpayers must pay vehicle property tax at same time as vehicle registration fee
- Must be paid in full
New System
• Assessor determines value, situs, and taxable status of the vehicle in advance — not in
arrears
• File is "delivered" to DMV to prepare the invitations to renew the registration
• Taxes must be paid in order to obtain the registration — no partial payments will be
allowed
Configuration
• Vehicle Tax System (VTS) will be a separate system housed by the NC Department of
Revenue
• NCDMV responsible for titles and registrations
• NCDOR responsible for tax administration of vehicles
Project Goals
• To improve the citizen's experience
- Reduce the number of government interactions
- Eliminate the need for delinquent vehicle collections
• Reduce/share costs
- Duplicate mailings (postage, materials, handling, etc.)
• Increase efficiency of an existing tax
- Improve collections and revenues
- Improved compliance
Implementation
• Counties work first files in the new VTS April, 2013
- Combined notices in mailboxes by June 1, 2013
• Old and new system will overlap for four months
- Change in due date
• Counties to work files in two systems for five months
Renewals
• Assessor will situs and assess vehicles in VTS
• VTS will send amount of taxes due to STARS system
• DMV will mail and collect
• Due date will be 15th of the month
• Valuation appeal must be made within 30 days of due date
• Real time
How Project Was Paid For
• Project costs were paid through the Special Fund administered by the State Treasurer
- 3% additional interest on delinquent bills
• All taxing jurisdictions on the combined notice would bear their share of costs based
upon each unit's contribution to the total amount of the notice
• An effective cost comparison should prorate costs among jurisdictions
Public Outreach
- Provided tri-fold insert with annual listing forms
- Notices being mailed with each RMV monthly mailing
- Information announcement on county digital monitors
- Press release through Public Information Office
- Educational video with PIO available 24/7 on website and YouTube
- Presentation to BOCC
- Twitter @OCNCTAX
Dwane Brinson said this is a massive undertaking of combining two large systems and
has been in the works for quite some time. He said that under the current system, many
taxpayers set bills aside and forget them, creating a need for enforced collection. He stated
that even with a higher than average collection rate, the county has over 39,000 delinquent
bills. He said this situation should improve with the requirement to pay both tax and registration
fee in order to renew registration. He noted that the current system puts a block on vehicles if
taxes are not paid within 4 months. This enforced collection often results in payments not
arriving in the correct fiscal year for which they were budgeted. This new system aims to
reduce or eliminate the need for these enforced collections.
Dwane Brinson, referring to slide 11, said under the current plan the county will receive
a monthly distribution of revenues from vehicle taxes, but noted that this could change to bi-
weekly or weekly.
Commissioner Gordon asked him to clarify how often the state will remit to them and
asked if there is any danger that these funds could be sequestered
Dwane Brinson said the current plan is for the state to remit to the finance office
monthly and as for the state taking over that money, that is a legal question and he does not
know, but counties have to comply with this system.
Commissioner Dorosin asked if the DMV or DOR will take an administrative fee.
Dwane Brinson said it depends on method of payment and he has this in a memo that
he will forward to the Board of County Commissioners.
Commissioner Dorosin asked if the 1.5% cut will still be in effect from the towns or if it
would be eliminated.
Dwane Brinson said it will no longer be a statutory requirement.
Frank Clifton said there were agreements with the town collection process and varies
from county to county. He said he does not know why there would be a 1.5% if the state will
be doing collection and distribution. He said the goal with the fees is to cover administrative
cost, so there will be a look at whether there are any costs involved.
Commissioner Dorosin if it was possible that taxpayers would get two bills in one year
during this transition period.
Dwane Brinson said there is an effort ongoing to send notices to delinquent taxpayers
to encourage them to pay now in order to avoid having to pay delinquent and current taxes
with the new billing cycle. He said that some people, who paid on time, may get two bills in 8
or 9 months but it could be sooner if they have a delinquent bill.
Commissioner Dorosin said they may want to consider including this information in the
public information materials. He suggested reaching out to the Orange County Arts
Commission to enlist local talent in making the outreach video.
Commissioner Pelissier asked for information on what happens when someone is
delinquent in Orange County and then moves to another county.
Dwane Brinson said there are options through the tax office for collecting those moneys
for the county.
Commissioner McKee encouraged use of newspapers to engage the public with a
news article. He said this new system will be much more cost effective and efficient.
Frank Clifton said there should not be two overlapping bills unless someone has been
delinquent.
Commissioner Price asked if someone does not have the money to pay both bills, could
they pay them at separate times.
Dwane Brinson, said people could make multiple trips to the DMV to pay but will be
unable to renew tags until payments are all made in full.
Chair Jacobs asked that the tax be referred to as vehicle tax, not a property tax, in
public outreach materials.
9. County Manager's Report-none
10. County Attorney's Report -none
11. Appointments-none
12. Board Comments (Three Minute Limit Per Commissioner)
Commissioner Pelissier said she was the Orange County representative on the Chapel
Hill Carrboro City Schools (CHCCS) career and technical education task force. She said that
the group wants to make sure partnerships are developed that ensure people get training for
both local and international jobs that are available. She also said Triangle Transit's annual
report showed that ridership is up 22.6%. She referenced a work session presentation
regarding the process TTA is developing an accounting process for the new monies coming in
from sales tax and vehicle registration. She requested that reports be sent to the board and
the public to give clarity about plans for how the money will be spent.
Commissioner Rich asked if the board has ever divided complex motions, and if not,
could this practice be considered.
Commissioner McKee said he was invited to bring greetings from the Board of County
Commissioners to the Human Relations Commission event, which focused on the
Emancipation Proclamation and its impact and implications in both the past and futures. He
said more programs will be forthcoming.
Commissioner Gordon followed up on Commissioner Rich's comment and referred to
past practices of having motions typed up onto a visible screen. She said it might be a good
idea to re-consider this practice.
Commissioner Dorosin thanked everyone for their work on their retreat
Commissioner Price said there will be community read on the Emancipation
Proclamation in March. She said she went to the Mental Health Legislative breakfast and
found it very inspiring. She encouraged support of this.
Chair Jacobs said Commissioner Dorosin and Commissioner McKee were part of the
planning committee for the retreat and get equal thanks. He said there was someone in
northern Orange County with a concern about 24 hour lighting at the Walnut Grove Community
Center and it was clarified that those lights were only to be continuously on for the first 48
hours.
He also noted that the Agricultural Summit will be held on Monday 2/15.
Chair Jacobs said that he will work with the clerk and follow the recommendations of
the board to find ways to better communicate and convey motions before voting occurs.
Clerk to the Board Donna S. Baker said that there was an attempt made to write out
motions on a projector, but it was very difficult to hand-write them. She said she likes the idea
of breaking up complex motions as it is often difficult to hear the motions clearly on the
recordings and she has to go back and listen to her direct recordings. This means she is often
clarifying motions the next day and then sends them out to all of the Commissioners.
Chair Jacobs said that there will need to be an effort on the part of the Commissioners
to stay with the sub-sets of the motions and work through them one at a time.
13. Information Items
• January 24, 2013 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
14. Closed Session -NONE
15. Adjournment
A motion was made by Commissioner McKee seconded by Commissioner Gordon to
adjourn the meeting at 10:33pm
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board