HomeMy WebLinkAboutAgenda - 04-23-2013 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 23, 2013
Action Agenda
Item No. 5-a
SUBJECT: MINUTES
DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): Under Separate INFORMATION CONTACT:
Cover Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
Attachment 1 February 19, 2013 BOCC Regular Meeting
Attachment 2 March 7, 2013 BOCC Regular Meeting
Attachment 3 March 12, 2013 BOCC Meeting with Affordable Housing Advisory
Board (5:30pm)
Attachment 4 March 19, 2013 BOCC Regular Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
I
1 DRAFT MINUTES Attachment 1
2 BOARD OF COMMISSIONERS
3 REGULAR MEETING
4 February 19, 2013
5 7:00 p.m.
6
7 The Orange County Board of Commissioners met in regular session on Tuesday,
8 February 19, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
9
10 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
11 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
12 COUNTY COMMISSIONERS ABSENT:
13 COUNTY ATTORNEYS PRESENT: John Roberts
14 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
15 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
16 will be identified appropriately below)
17 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
18 AGENDA FILE IN THE CLERK'S OFFICE.
19
20 1. Additions or Changes to the Agenda
21 Chair Jacobs reviewed the items at the County Commissioners' places:
22
23 - Illustration- for item 5-f, Letter of Support for Durham County's Recreational Trails
24 Grant Application
25 - White- PowerPoint for item 4-a, Animal Services Spay Neuter Program
26 - Rose sheet- 6-c, Resolution from Animal Services Advisory Board —as relates to
27 the legislative agenda
28 - Property tax revenue projections — page 18 addition for item 7-b
29 - PowerPoint for item 7-c, Jordan Lake Partnership & Water Supply Allocation
30 Process
31
32 PUBLIC CHARGE
33
34 The Chair dispensed with the reading of the public charge.
35
36 2. Public Comments
37 a. Matters not on the Printed Agenda
38
39 Annette Smith introduced herself as the parent co-chair for the school improvement
40 team at Culbreth Middle School. She expressed the school's excitement about the proposed
41 new science wing at the school and requested Board of County Commissioners to fund the
42 science wing when the request is considered. She said the wing will be an educational tool and
43 will also increase the school's capacity by 100 students with the addition of 6 classrooms, thus
44 delaying the need for an additional middle school.
45 Principal Beverly Rudolph; science teacher, Fiona Ray; and one student spoke on
46 behalf of this proposed project and discussed the inadequate science spaces currently being
47 used and the benefits of the additional space for both teachers and students.
48 Chair Jacobs said he hoped the school would lobby to name the new science wing, if
49 approved, in honor of Commissioner Gordon, who has worked tirelessly on this effort.
50
2
1 Don O'Leary offered an opportunity for the Board to meet with him and six of his friends
2 to discuss ICLEI and to work out the issues.
3
4 Chair Jacobs told Mr. O'Leary that they would discuss his petition at Agenda Review.
5
6 Steve Dear introduced himself as a long time resident of Orange County, and the
7 Executive Director of People of Faith, a non-profit group seeking to repeal the death penalty.
8 He asked the board to consider a resolution he presented, to repeal the death penalty. He said
9 over 1000 businesses, churches and community groups have passed a resolution like this,
10 including Chapel Hill, Carrboro and City of Durham. He said Orange County would be the first
11 county in N.C. to pass this, if they chose to do so. He requested a future public hearing for
12 community input.
13
14 b. Matters on the Printed Agenda
15 (These matters were considered when the Board addressed that item on the agenda
16 below.)
17
18 3. Petitions by Board Members (Three Minute Limit per Commissioner)
19 Commissioner Pelissier pointed out that she had attended the Environmental Steering
20 Committee meeting of the North Carolina Association of County Commissioners last Friday.
21 She said the new Secretary of the Department of Environmental and Natural Resources
22 encouraged people to send to him a letter regarding any concerns about the rules of Jordan
23 and Falls Lake. She noted that the Board has a work session with this item on it in March and
24 petitioned for the Board discuss it there and compile a letter.
25 Commissioner Pelissier re-petitioned the board about an item she asked about in the
26 fall of 2011 regarding agricultural support enterprises. She said she would like the Board to look
27 at zoning and ordinances that pertain to agriculture as well as to the arts and agri- tourism. She
28 would like to have different advisory boards be involved and she would like to have a listening
29 session with the public with all of these advisory boards. She said she would also like for the
30 Cooperative Extension to be involved, since there is a related effort happening at the state
31 level. She would like to have staff to come forward with a process and a timeline as relates to
32 this.
33 Chair Jacobs said that there was a thorough letter produced two years ago by Dave
34 Stancil based on the direction of the board in reference to Falls and Jordan Lake. He said this
35 can be brought back to the Board for discussion about making any needed additions or
36 changes.
37 Chair Jacobs said he recalled that the Board did ask staff to move forward on
38 agricultural enterprises. He said he will refer this item and the other items to agenda review.
39
40 4. Proclamations/ Resolutions/ Special Presentations
41
42 a. Resolution Acknowledging February 26, 2013 as Spay Neuter Day in Orange
43 County and Community Spay and Neuter Program Presentation
44 The Board considered a resolution officially acknowledging February 26, 2013 as "Spay
45 Neuter Day" in Orange County and to receive an update about the County's Community Spay
46 and Neuter Program and authorize the Chair to sign.
47 Bob Marotto said the Animal Services Advisory Board and Staff are here to request the
48 Board to declare Feb. 26th as Spay/Neuter Day in Orange County. He noted that this is
49 celebrated internationally as World Spay/Neuter Day. He said this is an event that is near and
50 dear to the efforts of Animal Services in Orange County to develop a plan to reduce pet
3
1 overpopulation in the community. He said there will be activities that will occur on and around
2 this date. He presented the PowerPoint slides, listed as follows:
3
4 Animal Services
5 Spay Neuter Program
6 Making sense & saving cents in Orange County.!
7 Animal Services
8 Targeted Spay & Neuter: The Theory (graphic)
9
10 Animals Admitted 2005-2012 (Bar graph)
11
12 Animal Outcomes 2005-2012 (Bar graph)
13
14 Animal Services Spay Neuter -What It Is & How It Works (Graphic)
15
16 Targeted Spays & Neuters 2008-2012 (Bar Graph)
17
18 Benefits & Observations
19 Animal Service Operations
20 — Controls costs
21 — Makes staffing numbers work
22 Brings People Together
23 — Partnerships
24 — Common ground
25 — Community Effort!
26 Models Public Policy
27 — Self-funded program
28 — Demonstrable results
29 — NCACC 2010 Program Award
30 Promotes Responsible Pet Ownership
31
32 Bob Marotto said, referring to the above slides, the animal intake numbers have
33 decreased from 4350 animals during the years between 2005 and 2009 to 3460 animals last
34 year. He said there are also significant changes in animal experience after coming to the
35 shelter and the re-homing numbers have jumped this year. He said the euthanization numbers
36 have reduced from an average of 1900 per year to 1200 last year. He said there are three
37 partners in this program - Animal Services, Department of Social Services, and AnimalKind. He
38 noted that the total spay/neuter numbers for the past few years has been approximately 500
39 last year, over 400 were from the Department of Social Services program. He said this
40 program brings people together and models public policy in significant ways.
41
42 Dr. Susan Elmore, Chair of the Animal Services Advisory Board (ASAB) read the
43 resolution:
44
45 RES-2013-009
46
47 ORANGE COUNTY BOARD OF COMMISSIONERS
48 2013 SPAY NEUTER DAY RESOLUTION
49
4
1 WHEREAS, cats and dogs provide companionship to and share the homes of thousands of
2 individuals in Orange County; and
3
4 WHEREAS, spayed and neutered animals are less likely to have certain health problems or
5 exhibit certain undesirable behaviors that can create community problems and use community
6 resources; and
7
8 WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds
9 of thousands of dollars annually through animal control and sheltering programs aimed at
10 coping with unwanted and homeless cats and dogs; and
11
12 WHEREAS, humane societies and shelters throughout the country have to euthanize
13 approximately four million cats and dogs each year, although many of them are healthy and
14 adoptable, due to the lack of critical resources such as money, space, and good adoptive
15 homes; and
16
17 WHEREAS, the Animal Services Advisory Board and the Animal Services Department have
18 made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A
19 Strategic Plan for Orange County; and
20
21 WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social
22 Services to offer "low cost" and "no cost" spay and neuter for cats and dogs, and has to date
23 performed more than 1800 overall and more than 1200 for pets belonging to DSS clients; and
24
25 WHEREAS, spaying and neutering cats and dogs, among other animal companions, has
26 helped to reduce the intake rate of animals from 36 to 25 per 1000 human residents between
27 2005 and the present and the number of animals euthanized from approximately 1900 in 2005
28 to 1129 in 2012; and
29
30 WHEREAS, the County received an Outstanding County Program Award from the North
31 Carolina Association of County Commissioners in 2010; and
32
33 WHEREAS, veterinarians, animal care and control organizations, national and local animal
34 welfare organizations, and private individuals work together each year to ensure the spaying or
35 neutering of thousands of companion animals through "World Spay Day"; and
36
37 WHEREAS, veterinarians, animal care and control organizations, national and local animal
38 welfare organizations, and private individuals have joined together again this year to advocate
39 and support the spaying and neutering of companion animals on "World Spay Day 2013."
40
41 Now, therefore be it RESOLVED by Orange County that February 26, 2013 is declared "Spay
42 Neuter Day", and the Board of County Commissioners calls upon the people of Orange County
43 to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the
44 spaying or neutering of another person's cat or dog.
45
46 This the 19th day of February, 2013.
47
48 A motion was made by Commissioner McKee seconded by Commissioner Pelissier to
49 approve a resolution officially acknowledging February 26, 2013 as "Spay Neuter Day" in
5
1 Orange County and to receive an update about the County's Community Spay and Neuter
2 Program and authorize the Chair to sign.
3
4 VOTE: UNANIMOUS
5
6
7 5. Consent Agenda
8 Removal of Any Items from Consent Agenda
9 Commissioner Price asked to remove Item 5-a in order to acknowledge the retreat
10 minutes.
11 Approval of Remaining Consent Agenda
12
13 A motion was made by Commissioner Rich seconded by Commissioner Dorosin to
14 approve the remaining items on the consent agenda as stated below:
15
16 VOTE: UNANIMOUS
17
18 a. Minutes
19 This item was removed and placed at the end of the consent agenda for separate
20 consideration.
21 b. Motor Vehicle Property Tax Release/Refunds
22 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
23 property tax values for thirty (30) taxpayers with a total of thirty-three (33) bills that will result in
24 a reduction of revenue in accordance with NCGS.
25 c. Property Tax Releases/Refunds
26 The Board adopted a resolution, which is incorporated by reference, to release property tax
27 values for six (6) taxpayers with a total of(12) twelve bills that will result in a reduction of
28 revenue in accordance with North Carolina General Statute 105-381.
29 d. Resolution Creating a Special Board of Equalization and Review
30 The Board adopted a resolution, which is incorporated by reference, providing for the
31 establishment of a special Board of Equalization and Review to carry out the statutory
32 responsibilities of ensuring that tax lists and tax records comply with the provisions of the North
33 Carolina Machinery Act, and to delegate certain authorities to the Assessor (Note: Board of
34 Commissioners approval of similar resolutions occurs on a regular basis in Orange County and
35 across the State.) and authorized the Chair to sign.
36 e. Fiscal Year 2012-13 Budget Amendment#7
37 The Board approved budget, grant, and capital project ordinance amendments for fiscal year
38 2012-13 for: Social Services, Library, Health Department, Department of Social
39 Services/Housing, Human Rights and Community Development, and Orange County Schools
40 Capital Project Ordinances.
41 f. Letter of Support for Durham County's Recreational Trails Grant Application
42 The Board approved submission of a letter of support for Durham County's application for a
43 grant from the North Carolina Recreational Trails Program for construction of facilities at the
44 planned Hollow Rock Access Area and authorized the Chair to sign.
45
46
47 Discussion and Approval of the Items Removed from the Consent Agenda
48
49 a. Minutes
6
1 The Board considered approval of the minutes from November 13, 20, December 3,
2 2012 and February 1, 2013 as submitted by the Clerk to the Board.
3
4 Commissioner Price acknowledged the quality of the minutes of the retreat and the
5 quick turnaround and she thanked Donna S. Baker and the facilitator, Ms Cynthia Brown.
6
7 A motion was made by Commissioner Price, seconded by Commissioner Gordon to
8 approve the minutes from November 13, 20, December 3, 2012 and February 1, 2013 as
9 submitted by the Clerk to the Board.
10
11 VOTE: UNANIMOUS
12
13
14 6. Public Hearings
15
16 a. Senior Care of Orange County, Inc. — Lease Agreement
17 The Board conducted a statutorily required public hearing and considered approval of a
18 resolution authorizing a lease agreement with Senior Care of Orange County, Inc. ("SC of OC")
19 and authorized the Chair to sign.
20 John Roberts said this lease agreement is needed because in the past Orange County
21 has had too much control over this non-profit organization. It is suggested that changes take
22 place to get the organization more at arms' length, including Orange County leasing the space
23 to Senior Care of Orange County with a $1 per year, five year term renewable lease.
24 Commissioner Gordon commented that on page 10 in the second paragraph, there are
25 some typos in lease. She said this lease is a step forward.
26 Chair of the Senior Care of Orange County Board, Mary Ann Peter gave some
27 background on this organization. She said that Senior Care was incorporated in March of 2004
28 to take over the operation of the Central Orange Adult Day Program. The organization moved
29 to its current location in 2009. The mission of the program is to promote personal
30 independence and health; maintain social, physical and emotional well-being; and to provide
31 the opportunity for these adults to stay connected with peers and community. This is the only
32 day health program in Orange County and has served 175 frail and disabled adults. She said
33 the need for the program is growing. She said funding is primarily through the Veteran's
34 Administration, as well as Elder Care Respite, grants, sliding scale, private pay, and long term
35 care. She said the organization is thankful for their facility.
36 Commissioner Dorosin asked John Roberts if there is a list of default conditions in the
37 lease, or any designation regarding what happens if the organization loses non-profit status, or
38 decides to dissolve.
39 John Roberts said section 19 gives stipulations regarding default. He said it may or may
40 not address non-profit status, and he will have to review it again. He said there is a stipulation
41 in the by-laws that requires the property to go back to Orange County or a similar organization
42 within Orange County if the current entity dissolves.
43 Chair Jacobs said that when the senior center was designed, it was designed for this
44 primary function. He expressed appreciation for the service and a desire to continue to
45 maintain a strong relationship with Orange Senior Care.
46
47 NO PUBLIC COMMENT
48
7
1 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to
2 close the public hearing and to approve a resolution, with edits, authorizing a lease agreement
3 with Senior Care of Orange County, Inc. ("SC of OC") and authorize the Chair to sign.
4
5 VOTE: UNANIMOUS
6
7 b. Lease of the County-owned Building at 500 Valley Forge Road to the
8 Piedmont Food and Agricultural Processing Center, Inc.
9 The Board conducted a statutorily required public hearing and considered a lease
10 agreement with the Piedmont Food and Agricultural Processing Center, Inc. regarding the
11 occupation and lease of the building at 500 Valley Forge Road, Hillsborough and authorized the
12 Vice-Chair to execute the agreement.
13 John Roberts said the purpose of this lease is to get this non-profit at arms' length from
14 the county. He said there is a Board of Directors in place, as well as an agreement with the
15 county for financial services and this is that last piece of the puzzle. He said the County
16 established the by-laws of this organization, and if this non-profit was to dissolve then it will go
17 to a similarly situated non-profit or back to the county. He said this is a one year lease where
18 the rate escalates after the first year and there are options for renewal.
19 Chair Jacobs asked if it was a condition of participation of this 4 county agreement that
20 a non-profit would be spun off.
21 Frank Clifton said the terms of the lease are somewhat different over time and this is not
22 just for Orange County based businesses but will serve the four counties surrounding it.
23 Chair Jacobs recognized Matthew Roybal, the Manager of PFAP, who thanked the
24 Board of County Commissioners for their support.
25 Commissioner Dorosin compared this lease to the prior lease for the senior center and
26 said it is in a slightly more nascent stage with references to getting insurance, among other
27 things.
28 John Roberts said PFAP has provided proof of insurance and they are still waiting on
29 the actual policy.
30 Commissioner Gordon referenced section 18 and noted the same edits as in the
31 previous lease.
32
33
34 NO PUBLIC COMMENT
35
36 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
37 close the public hearing, to enter into a lease agreement with suggested changes on Section
38 18, with the Piedmont Food and Agricultural Processing Center, Inc. regarding the occupation
39 and lease of the building at 500 Valley Forge Road, Hillsborough and authorize the Vice-Chair
40 to execute the agreement.
41
42 VOTE: UNANIMOUS
43
44 c. Orange County's Proposed 2013 Legislative Agenda
45 The Board conducted a public hearing on Orange County's potential legislative items for
46 the 2013 North Carolina General Assembly Session and identified three to five specific items
47 from the entire package to highlight for priority discussion at the March 11, 2013 meeting with
48 Orange County's legislative delegation.
49
8
1 Greg Wilder said the legislative issues work group consisted of Commissioner Dorosin
2 and Commissioner McKee and the public hearing notice was published in three local
3 newspapers as well as online. He said that after closing the hearing tonight, a package should
4 be approved in preparation for the Board's meeting with the legislative delegation on March 11.
5 Greg Wilder said the first item from the work group is a resolution contained in
6 attachment 2, and it consists of 30 items outlined beginning on page 5 of the abstract. He noted
7 that the first item of the thirty is Revenue Options for Local Government, and it contains a
8 version A and version B with the Commissioners being asked to pick one of those two versions.
9 He also noted two corrections: one to item 7, which should be starred; and one to item 21,
10 which is starred and should not be.
11 Greg Wilder said the other resolution is based on a request from the Clean Water
12 Management Trust fund back in December for the County to consider a resolution to support
13 funding for the Clean Water Management Trust Fund. He said this is attachment 3, and
14 background information is given in attachment 4.
15 He noted the last item in the packet is NCACC's adopted legislative goals, for use a
16 reference source.
17 The manager's recommendation is as follows:
18
19 1) Conduct a public hearing on Orange County's potential legislative items for the
20 2013 North Carolina General Assembly Session ;
21 2) Close the public hearing and review and discuss the Legislative Issue Work
22 Group's (LIWG) proposed 2013 legislative package and any other potential items
23 for inclusion in Orange County's legislative agenda package for the 2013 North
24 Carolina General Assembly Session.
25 3) Approve one proposed resolution regarding support for funding for the Clean
26 Water Management Trust Fund (CWMTF); and
27 4) Consider identifying three to five specific items from the entire package to highlight
28 for priority discussion at the March 11, 2013 meeting with Orange County's
29 legislative delegation.
30
31 Chair Jacobs asked Greg Wilder to review the legislative deadlines and Greg Wilder
32 said the House and Senate establish deadline for the filing of bills in the legislative branch and
33 the introduction of bills on the floor. The deadline for the Senate will occur before the Board's
34 legislative breakfast on March 11th; therefore this will be sent to Sen. Ellie Kinnaird so she can
35 take action if she so chooses. He said that the House deadline will not have passed, so there
36 will be time for reaction to comments and questions there.
37 Commissioner Dorosin said this was an engaging process with many items to discuss
38 and they tried to streamline things as much as possible. He said this adequately represents the
39 universe of things and it is a "wish list".
40 Commissioner Gordon thanked Commissioner Dorosin and Commissioner McKee for
41 working on these issues. She thanked Greg Wilder for the efficient operation of Orange County
42 and said that he does most of his work behind the scenes, and he is very much appreciated.
43 Commissioner Rich asked for clarification on option a and b for item 1.
44 Commissioner McKee said he and former Commissioner Yuhasz had had concerns in
45 the past regarding option A, revenue options for local governments. He read the verbiage from
46 the packet and said that he reads this as giving the Board the authority to enact the transfer tax
47 that failed previously in Orange County. He said he will continue to oppose this as written. He
48 said he supports the second wording in option b, as it does not enable the board to enact things
49 arbitrarily.
9
1 Commissioner Dorosin said they could not come to consensus in their work group,
2 which is why they brought it forth for the full board to discuss.
3
4 PUBLIC COMMENT
5 Dr. Susan Elmore said Animal Services Advisory Board (ASAB) has discussed many
6 times on the humane treatment of dogs in large breeding facilities and she said there is
7 necessity for legislation that provides standards of care and a registration system for these
8 facilities. She said the ASAB proposed a resolution of support for a commercial dog breeding
9 bill to be introduced this session. She referred the Commissioners to the resolution contained
10 on the rose colored sheet for item 6-c.
11 Chair Jacobs noted that there are two different versions.
12 Dr. Elmore said that it said that they support of this bill and this bill has language to
13 improve standards in these facilities as well as to establish a registration system.
14
15 Commissioner McKee requested that a determination be made between version a and
16 version b of item 1 (Revenue Options for Local Government), or that this item be pulled off and
17 voted on separately.
18 Chair Jacobs noted that the asterisk beside something is from the NCACC adopted
19 goals and this is not an organization known for radical government takeovers. He said it is a
20 very conservative organization that believes each government should be treated fairly and
21 equally. He noted that seven counties on the coast do have the real estate transfer tax. He
22 said he feels that this just acknowledges a statewide effort to give counties more flexibility and
23 autonomy.
24 A motion was made by Commissioner Pelissier seconded by Commissioner Rich to
25 consider version A on item 1 Revenue Options for Local Government as a separate item.
26 Commissioner McKee said if it is a separate item, then it is not a problem.
27 Commissioner Price said that she knows that there have been situations where Wake
28 County wanted to have the option of the county owning the school buildings and that there was
29 a concern that this would be accepted statewide. She said she is caught between the two
30 arguments and she asked for clarification that Commissioner Pelissier wants the flexibility and
31 Commissioner McKee says it's too much.
32 Commissioner McKee said his problem with version A is that it specifically allows local
33 government to enact a tax in Orange County that was turned down by the voters.
34 Commissioner Pelissier said the issue that Commissioner Price raised is an issue that
35 Wake County wanted to do but that it has not been approved by the General Assembly. She
36 said she is talking about things that have actually been granted to counties in the past.
37
38 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
39 separate out and vote for Version A of the Revenue Options for Local Government.
40
41 VOTE: Ayes, 6 (Commissioner Dorosin, Commissioner Gordon, Chair Jacobs, Commissioner
42 Pelissier, Commissioner Price, Commissioner Rich);
43 Nays, 1 (Commissioner McKee)
44 Commissioner Dorosin said this is a large document, but called their attention to items
45 29 and 30. He said item 30 is about concealed weapons in parks and he noted that last year
46 the General Assembly took away Counties' abilities to develop their own county based
47 regulations for this issue. This request is asking for local authority to be given back to local
48 governments.
49 Commissioner Dorosin noted that item 29 generally talks about giving discretion back
50 to counties in creating ordinances for controlling their planning and zoning.
10
1 Commissioner McKee made clarification that they are now talking about items 2-30 and
2 item 1 has been decided.
3 Commissioner Gordon clarified that all of the items will be sent in together.
4 Commissioner Price questioned if the Board of County Commissioners already voted to
5 allow concealed weapons in parks.
6 Chair Jacobs said yes, there was a 4-3 vote for Little River Park.
7 John Roberts said that what the Commissioners passed last year was an amendment
8 of the County's ordinance to bring it into compliance with the State Law referenced in this item.
9 He said the State took authority out of the County's hands prior to the statute being passed. He
10 said that at this point the County cannot prohibit possession of concealed weapons in certain
11 areas of the park, such as non-playground or non-athletic fields.
12 Chair Jacobs said the Board of County Commissioners did allow weapons in the
13 playground in Little River Park with the argument that you had to walk though playground to get
14 to the park.
15 There was some review and clarification questions of various legislative items.
16 Commissioner Price asked for clarification on item 13 and Chair Dorosin said this
17 refers to funds already in existence.
18 Commissioner Price said item 14 should include forestry and forest land and Chair
19 Jacobs said that there are conservation measures in place to protect this.
20 Commissioner Price referenced item 23 regarding use of herbicides in right of ways.
21 She questioned if it is possible to appeal to the utility company if someone does not want
22 herbicides used.
23 Commissioner Rich said that is not necessarily so.
24 Commissioner Price questioned the viability of this item since conventional farmers and
25 garden centers will still be using herbicides right next door.
26 Commissioner McKee said the intent of this item is specific to highway right of ways
27 and that the issue can be appealed to DOT but there is no way for enforcement. He said that
28 the possibility of there being an impact on organic agriculture is important enough to request
29 some exemptions in certain areas.
30 Commissioner Dorosin said as written, this refers to easements by the utility
31 companies not private owners and he recognized that all of these items are part of a wish list,
32 subject to General Assembly approval.
33 Commissioner Price said she was concerned about how some of these items were
34 written and whether there will be pushback.
35 Commissioner Gordon highlighted #2— County Responsibility for Roads; which she
36 said would be an expensive and troublesome undertaking. She referenced #7 — Smart Start
37 and More at Four, and said she said she would like a statement made in favor of education.
38 She said with #13- Land Water and Agricultural Preservation Funding, she would like to see the
39 addition of biological resources in here too. She referred back to #29 - Local Government
40 Regulation of Development, and said that this strikes at the core of county governments and
41 this is an important principle that is being eroded.
42 Chair Jacobs said, item #10 - Authority to Amend the Orange County Civil Rights
43 Ordinance, has been part of the Orange County Legislative Agenda for a very long time and
44 has never gotten any traction in the State Legislature. He said that this is, in a way, an
45 embodiment of how the North Carolina Government should be addressing the issues that are
46 important to Orange County through the legislative process.
47
48 A motion was made by Commissioner McKee, seconded by Commissioner Price
49 to approve Items 2-30; adding biological resources to #13; including corrections on
11
1 asterisks; and incorporating the rose sheet, Orange County Board of Commissioners
2 Resolution on Commercial Dog Breeding Facilities, as #31.
3 Commissioner Dorosin said this becomes #31, and Commissioner McKee and
4 Commissioner Price accepted this friendly amendment.
5
6 VOTE: UNANIMOUS
7
8 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich
9 to approve the Clean Water Management Trust Fund Resolution.
10
11 VOTE: UNANIMOUS
12
13 Chair Jacobs asked commissioners to identify 3-5 items for priority discussion with their
14 delegation and the suggestions were as follows:
15 - Commissioner Gordon suggested items 2, 29, and 7, and 6
16 - Commissioner Rich also suggested item 29
17 - Commissioner Price suggested item 10
18 - Commissioner McKee suggested item 7
19 - Commissioner Dorosin suggested item 12
20 - Commissioner Pelissier and Chair Jacobs suggested item 20
21
22 Commissioner Pelissier said if it is known that there is something that NCACC is going
23 to heavily lobby for then strategically this item should be dropped in favor of something of
24 greater interest to Orange County.
25 Chair Jacobs noted that these NCACC goals will be found at the top of page 28 and
26 include numbers 2 and 12. He said he would argue for the couple of things that might actually
27 be possible, such as the electronics fee for recycling and the bio solids disposal.
28 Commissioner Gordon said she would be willing to drop item 6.
29 Chair Jacobs reviewed the Commissioner's suggestions.
30 Commissioner McKee suggested that Item 2, County Responsibility for Roads, be taken
31 off. He said he feels that Item 12, regarding Mental Health, is critical enough to be left on, even
32 if it is in the top NCACC goals. He said that he sees the issue of Mental Health is both a local
33 and state issue that plays into many other issues such as mass shootings, homelessness and
34 poverty and must remain a priority.
35 Commissioner Gordon suggested that all of the items mentioned should be considered
36 and 5 voted through.
37 Chair Jacobs said there are eight items being considered and suggested that someone
38 make a motion for five, or the vote could be taken one by one.
39
40 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to select
41 the following items for approval:
42 • 2 - County Responsibility for Roads
43 • 7 - Smart Start and More at Four
44 • 12 - Mental Health
45 • 20 - Homestead Exemption
46 • 29 - Local Government Regulation of Development
47
48 Commissioner Rich asked to switch out item 2, roads for item 3, and bio-solids.
49 Commissioner Dorosin and Commissioner McKee accepted the friendly amendment.
50
12
1 Commissioner Dorosin read the amended items as follows:
2 • 3 - Bio-solids Disposal
3 • 7 - Smart Start and More at Four
4 • 12 - Mental Health
5 • 20 - Homestead Exemption
6 • 29 - Local Government Regulation of Development
7
8 VOTE: UNANIMOUS
9
10
11 7. Regular Agenda
12
13 a. North Carolina State Clearinghouse Request for Intergovernmental Review
14 of Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)-Norfolk
15 Southern (NS) Railway
16 The Board received information on the North Carolina Department of Transportation
17 (NCDOT) proposal to close private North Carolina Railroad (NCRR)/Norfolk Southern (NS)
18 Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange
19 County, and considered a second letter submitting scoping comments related to the project.
20 Abigaile Pittman said that the Planning and Inspection Department received a
21 solicitation for spoken comments from the NCDOT in September 2012 regarding the three
22 railroad closures mentioned above. She said this track is part of the Southeast High Speed
23 Rail Corridor which, when complete, will provide rail service between Washington DC and
24 Charlotte, NC. Initial comments from the Commissioners October 16th meeting were sent to the
25 NCDOT Rail Division in November 2012 and a response letter was received in December. This
26 letter is included as Attachment 3 in the 7-a abstract. She said that public information
27 workshop sessions have been held for all three closures and revised project study maps have
28 been included as attachment 2 in the abstract. She noted that comments from the workshops
29 are included as attachment 4 and a second set of comments for the NCDOT Rail Division has
30 been drafted and is included as attachment 5. She referenced the revised maps of the
31 proposed closings and reviewed the layouts. She said that the planning staff suggests several
32 comments for the second letter and she listed the following:
33 • Greater clarity is needed regarding which alternative access roads will be publicly
34 improved and/or constructed roads accepted into the state system for maintenance.
35 • More specific details are needed regarding the proposed right of way width, pavement
36 width, drainage ditches, etc.
37 • When available the anticipated schedule is needed for required right-of-way acquisition,
38 relocation of property structures and buildings where necessary, and construction
39 dates.
40 • Clarifying details are needed with regard to improvements to alternate access.
41
42 Abigail Pittman said that there are also other site specific comments, included in
43 abstract attachment 5 on pages 4 and 5, and she read those comments.
44 Commissioner Dorosin asked if the letter in the packet is the letter that will be sent.
45 Abigaile Pittman said yes, with comments or edits.
46 Chair Jacobs noted that no one signed up to speak but there were a large number in the
47 audience and he invited public comment.
48
49 PUBLIC COMMENT:
13
1 Jahmal M. Pullen, PE. Infrastructure Engineering Manager with the NCDOT Rail
2 Division, introduced himself and several other staff members. He gave a brief background and
3 said they were awarded money three years ago to improve the line from Raleigh to Charlotte.
4 He said these funds will be used to replace bridges and consolidate crossings, and one of the
5 main goals is to improve safety along this corridor. He said the private crossing projects is a
6 very unique and is allowed through the federal program. He said studies were done several
7 years ago and funding was applied for. Those funds of over 500 million dollar are now
8 available for those projects. He said there are 12 bridges being built and 30 miles of double
9 track. He said they would like to provide another access point to a crossing that has a bridge or
10 arms and lights. He noted that many of these private crossing don't warrant safety features
11 because of the lack of traffic. He said the funds allow creation of alternate access to safer
12 crossings, but this money is part of a time sensitive federal grant and needs to be used by
13 September 2017, which is the reason for the process happening now. He said the projects need
14 to be constructed and paid out prior to that September 2017 deadline. He noted that these
15 three private crossing projects are early in the federally mandated process. He said that if it
16 turns out there are no good alternatives then the project will not be pursued. He noted the
17 various meetings and hearings scheduled to hear and address concerns.
18 Chair Jacobs said Abigail Pittman's letter addressed many concerns of the citizens. He
19 noted that during the public meetings, the NCDOT consultants didn't seem to know the correct
20 standards and were giving erroneous information to the citizens. He said that the citizens need
21 to know accurate standards for things like travel lane requirements that impact people's
22 property.
23 Jahmal Pullen said there will be an effort to correct this and he noted that people will get
24 confused about the travel lane and how much right of way is outside of the paved area to
25 maintain the ditch.
26 Chair Jacobs said that there is a huge difference for people whose yards are affected
27 and it is important to make the impacts clear as early as possible.
28 Mr. Pullen said this issue also depends on whether the area in question is a state
29 maintained road or not.
30 Daniel L. Havener, PE, Project Engineer, NCDOT — Planning and Development said the
31 initial plan on Byrdesville was to take the state maintained road to the limits of the Byrdsville
32 property and at that point and at that point the existing roads would be improved, patched and
33 overlaid, but the roads within Byrdsville would not necessarily be taken into the state system.
34 He said that the community meeting feedback was that the residents would like the main road
35 to be included in the state system and this may have created the misunderstanding about right-
36 of-way widths.
37 Jahmal Pullen said this will all be part of the discussion with the division office. He also
38 noted that he would leave a 2 page handout with background on next steps and benefits, and
39 he reviewed these access benefits for emergency services transportation and safety.
40 Chair Jacobs asked if these would be distributed at the information meetings or if the
41 Board should post a copy on the website.
42 Jahmal Pullen said an electronic copy will be provided and if an email list is provided,
43 the information can be sent that way as well.
44
45 Marsh Carroll said the mail is sufficient and requested the information be sent by mail
46 and not electronically.
47
48 Commissioner McKee said he has the same impression as Chair Jacobs from these
49 public meetings regarding the different interpretations and information being presented. He
14
1 said whatever is done at these private crossings, needs to be done with minimal disruption to
2 the citizens and no out of pocket expenses.
3 Commissioner Dorosin asked to view the last map on attachment 2. He noted that it
4 shows two of the crossings to be closed and asked where the traffic for these crossings will be
5 re-directed.
6 Abigaile Pittman said the crossing to the east of the first closure will remain open and
7 the traffic will primarily be going there. She noted that this area is where Old NC 10 goes under
8 the trestle.
9 Commissioner Dorosin said he is trying to clarify where people will be crossing.
10 Planning Director, Craig Benedict said that for the one crossing people will have to
11 come west and up Murphy School Road to Old NC 10. He explained some of the re-routing.
12 Commissioner Dorosin asked some clarifying questions, which were answered by
13 planning staff, on the Greenbrier Drive Crossing closure.
14 Commissioner Dorosin asked if there had been any studies of the increased traffic
15 impact in the re-routed areas.
16 Jahmal Pullen said that the traffic counts at Greenbrier and Byrdsville will be looked at,
17 especially in the case of Byrdsville, which will have more traffic than the other two.
18 Frank Clifton asked if there had been any analysis done on N.C. 10 as far as future
19 maintenance and widening associated with this change.
20 Jahmal Pullen said not at this point, but that Norfolk Southern and North Carolina
21 Railroad have ownership in this and there would be a check in with those entities to see if there
22 is a long range plan. He said that there might be future project to build a new bridge, but not at
23 this point.
24 Chair Jacobs said if this comes back to the Board, it would be good to have an aerial
25 view to get an overall feel for the re-routing.
26 Jahmal Pullen said that eventually, the goal would be to have two tracks in this corridor
27 and in that event, this track would need to be replaced.
28
29 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
30 accept the manager's recommendation, which is as follows:
31 1) Receive the information on the NCDOT proposal to close private NCRR/NS Railway
32 crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange
33 County;
34 2) Provide any additional comments the Board may have to be added to the attached
35 letter (Attachment 5) submitting a second set of scoping comments to NCDOT; and
36 3) Authorize Planning staff to send the letter to NCDOT.
37
38 VOTE: UNANIMOUS
39
40 b. Next Steps Regarding Proposed Establishment of Three (3) New Fire
41 Service Districts
42 The Board considered scheduling a public hearing for the April 9, 2013 regular Board
43 meeting to consider the establishment of the three new Fire Service Districts - the South
44 Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel
45 Hill Fire Service District.
46 Michael Talbert said these are the next steps for the establishment of three new fire service
47 districts and he noted that this has nothing to do with fire protection and everything to do with
48 fire insurance.
49 1.To schedule a public hearing for the April 9, 2013 regular Board meeting to consider the
50 establishment of the three new Fire Service Districts - the South Orange Fire Service
15
1 District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service
2 District;
3 2. To authorize staff to move forward with a five-year contract for the Town of Chapel Hill to
4 provide fire protection for the proposed new Greater Chapel Hill Fire Service District at a 15
5 cent tax levy per one-hundred dollar valuation of real and personal property. (Note:
6 The standard five-year contract does contain the option to terminate with a one-year notice
7 to the parties.); and
8 3. If the Town of Chapel Hill is unwilling to a support a five-year contract and a 15 cent tax
9 levy per one-hundred dollar valuation of real and personal property, for a proposed
10 Greater Chapel Hill Fire Service District, instruct staff to requests that the Town of
11 Carrboro consider a five-year contract to serve the proposed new Fire Service District at a
12 10 cent tax levy per one-hundred dollar valuation of real and personal property.
13
14 Michael Talbert reviewed the background for this item and addressed questions about
15 the three different types of fire districts being dealt with. He said that the first is fire protection
16 districts, which were established by the General Assembly. He noted that there are 12 districts
17 and 10 individual rural fire departments. The second option is a fire service district, which is
18 being considered at this meeting and is also permitted by the General Assembly. He said that
19 the fire protection districts established in the 50's and 60's are virtually impossible to change.
20 He said that the needs of the fire districts and the citizens are changing, and fire service
21 districts are easier to set up and alter, once in place. He noted that the fire protection districts
22 would not go away, but there would no longer be a protection district tax. Instead, the fire
23 service districts would be overlaid and new taxes levied for those service districts. He said that
24 the County is under no obligation to provide fire service at all and could do nothing at all, fund it
25 with the general fund, or keep the districts as established in the past. He said the last option is
26 to establish fire insurance districts, which can be part or all existing fire protection districts and
27 are sent to the NC Department of Insurance State Fire Marshall's Office. He noted that once
28 these are official, the ISO ratings would change.
29 Michael Talbert then referenced the maps and reviewed information from 7-a abstract
30 pages 2-5, which are included below:
31
32 On September 13, 2011 the Board was presented options for changing fire districts to
33 improve insurance ratings for the 1,156 properties located outside of six (6) road miles from the
34 closest fire station located in their fire insurance district. A County Attorney's memorandum
35 dated September 1, 2011 provided a legal opinion for fire protection tax districts, with the
36 available options listed below:
37 1. Realign Fire Insurance District boundaries, without changing Fire Tax Districts.
38 2. Change existing Fire Protection Districts, which would also change the Fire Tax District.
39 3. Establish one or more Fire Service Districts to replace or overlay existing Fire Protection
40 Districts which could also change Fire Tax Districts.
41
42 On March 13, 2012 the Board approved the request from the Orange Grove Fire
43 Department to construct a new fire station #2 that is strategically located in the southeastern
44 part of the Cane Creek Fire District. This newly constructed fire station is providing insurance
45 district coverage for an estimated 400 property owners that were more than six (6) road miles
46 from the Orange Grove Station. The Orange Grove Fire Department is in the planning stages
47 for a new fire station #3 to be strategically located in the western part of the Cane Creek fire
48 district. That new fire station #3 will provide insurance district coverage for an estimated 250
49 property owners currently more than six (6) road miles from the Orange Grove Station.
16
1 The Emergency Services Workgroup has discussed all available options for the 1,156
2 properties located outside of six (6) road miles from the closest fire station located in their fire
3 insurance district. With the new fire stations in the Cane Creek Fire District, over 600 property
4 owners will be provided insurance district coverage and will be located less than 6-road miles
5 from the nearest Orange Grove Station.
6 Michael Talbert said the Emergency Services Work group was recommending the
7 creation of three (3) New Fire Service Districts to overlay and replace three (3) existing Fire
8 Protection Districts. With input from the State Fire Marshal's office, the proposal is to modify
9 existing fire insurance districts and create new Fire Service Districts that are exactly the same
10 as the revised fire insurance districts. The three (3) Fire Services Districts are proposed to be
11 the South Orange Fire Service District, North Chatham Fire Service District and Greater Chapel
12 Hill Fire Service District.
13
14 South Orange Fire Service District
15 Michael Talbert said Attachment 1 is a map of the existing South Orange Fire Insurance
16 District. Due to the Town of Chapel Hill annexations, the South Orange Fire Insurance District
17 has been split. The Town of Carrboro provides fire protection in the South Orange Fire
18 Insurance District and now has to travel through the Town of Chapel Hill to respond to a fire call
19 off Mt. Carmel Church Road.
20 Michael Talbert said Attachment 2 shows a detail map of the area and Chapel Hill Fire
21 Station #5 that is less than one (1) mile from the area outlined in gray. The Town of Chapel Hill
22 is better positioned and may be willing to provide fire protections for this area in gray. The Town
23 Manager presented this possible solution to the Chapel Hill Town Council on January 14, 2013.
24 The area in gray on Attachment 2 represents 100 parcels and $36,003,769 of real property
25 value. When vehicles and personal property values are added to the real property total, an
26 estimated $37,673,414 of taxable value would be removed from the existing South Orange Fire
27 Insurance District. Attachment 4 shows the existing property valuation of$556,977,528 for the
28 South Orange Fire Insurance District, the reduction of$37,673,414 of taxable value, and the
29 remaining property valuation of$519,304,114. The estimated tax valuation reduction from the
30 existing South Orange Fire Insurance District equals 6.8% of the total. A fire district tax
31 increase of .6 cents, from 7.85 cents to 8.45 cents, would be required to insure that this change
32 is revenue neutral for the Town of Carrboro.
33 Michael Talbert said this issue has also been presented to the Town of Carrboro. On
34 December 4, 2012 the Carrboro Board of Alderman Town voted to approve a resolution to
35 modify the existing South Orange Fire Insurance District. The revised South Orange Insurance
36 District will not include the donut hole in gray on Attachment 2 and the Town will continue to
37 contract to provide fire protection to the proposed new Fire Insurance District (see Attachment
38 3), with a new fire tax rate of 10 cents per $100 of real and person property value.
39 He said on December 11, 2012 the Board expressed its intent to establish three new
40 Fire Service Districts; the South Orange Fire Service District, the North Chatham Fire Service
41 District and the Greater Chapel Hill Fire Service District. Staff was instructed to proceed with
42 the necessary steps to establish three new Fire Service Districts.
43
44 North Chatham Fire Service District
45 Orange County has received a letter from North Chatham Volunteer Fire Department
46 (Attachment 5) indicating that the Department will charge a tax rate of 8.8 cents beginning July
47 1, 2013. This is the same rate currently charged in Chatham County and a 76% increase over
48 the existing 5 cents. Attachment 6 is a map of the existing North Chatham Fire Insurance
49 District. Included on Attachment 2, in yellow, are 112 homeowners located more than six (6)
17
1 road miles from the nearest North Chatham Station, but less than three (3) road miles from
2 Chapel Hill Fire Station #5. These homeowners have an insurance rating of 10 (see Attachment
3 7 for an example of insurance premiums related to fire insurance ratings). Several homeowners
4 in this area have indicated that they cannot get fire insurance or that the rate has more than
5 doubled.
6 Michael Talbert said the Town of Chapel Hill is better positioned and may be willing to
7 provide fire protections for this area in gray. The Town Manager is prepared to make a
8 recommendation to the Chapel Hill Town Council on January 14, 2013. The Town of Chapel Hill
9 is a municipal fire department which relies on hydrants as its water source to fight fires.
10 Discussions have occurred involving the Town of Chapel Hill Fire Chief and North Chatham Fire
11 Department Chief concerning possible fire and insurance solutions for this area. Attachment 8
12 is a map of the existing Greater Chapel Hill Fire Insurance District. Attachment 9 is a map of the
13 proposed new Greater Chapel Hill Fire Insurance District that includes not only the area
14 proposed to be deleted from South Orange, but also 112 homeowners from Attachment 2 and
15 additional property included in the Southern Triangle Fire District that have hydrants. The Town
16 of Chapel Hill staff is prepared to make this recommendation to the Chapel Hill Town Manager
17 and the North Chatham Fire Chief has indicated a plan to make this recommendation to the
18 North Chatham Board of Directors.
19 Michael Talbert said Attachment 10 shows a potential new Chapel Hill Fire Service District
20 which includes hydrants.
21 Michael Talbert said Attachment 11 is a projection of property values and revenues for
22 the New North Chatham Fire Insurance District. Attachment 12 is a map of the proposed New
23 North Chatham Fire Insurance District. With a property tax increase from 5 cents to 8.8 cents
24 and a reduction of property covered by the district, the net impact for the new district is a
25 revenue increase of$31,441 from $213,325 to $244,766.
26
27 Greater Chapel Hill Fire Service District
28 Michael Talbert said Attachment 13 is a projection of property values and revenues for
29 the New Greater Chapel Hill Fire Insurance District. A map of Southern Orange County,
30 attachment 15, shows zoning, ETJ and the Rural Buffer as it relates to the proposed fire service
31 districts.
32 At its November 13, 2012 work session, the Board reviewed information regarding the
33 possibility of establishing three (3) new Fire Service Districts and instructed staff to proceed
34 with the steps necessary to establish the new Fire Service Districts. Listed below are actions
35 taken to date concerning the possible creation of three (3) new Fire Service Districts:
36
37 • On December 3, 2012, Orange County petitioned the Town of Chapel Hill to consider
38 modifications to the existing Greater Chapel Hill Fire Insurance District as discussed in the
39 background.
40 • On December 4, 2012 the Carrboro Board of Alderman Town voted to approve a resolution to
41 modify the existing South Orange Fire Insurance District. The revised
42 South Orange Insurance District will not include the donut hole in gray on Attachment
43 2 and the Town will continue to contract to provide fire protection to the proposed new Fire
44 Insurance District (see Attachment 3), with a new fire tax rate of 10 cents per $100 of real and
45 person property value.
46 • On January 14, 2013 the Chapel Hill Town Council voted unanimously not to provide
47 Fire Protection for a proposed Greater Chapel Hill Fire Service and requested Orange County
48 Government's Assistance in encouraging the residents of the proposed Chapel Hill Fire Service
49 District to seek annexation into the Town of Chapel Hill.
18
1 • On February 11, 2013 the Chapel Hill Town Council again considered the County petition to
2 the Town to consider modifications to the existing Greater Chapel Hill Fire
3 Insurance District as discussed in the background. Several members of the Town
4 Council still consider annexation as the preferred method of providing fire protection and all
5 other Town services to these residents. There was discussion about the 15 cent rate being the
6 maximum rate allowed and Town Council discussed how the tax rate could be increased. The
7 Chapel Hill Town Council voted unanimously to enter into a service agreement to extend the
8 Town's current fire district into the affected neighborhoods for a period of two years and initiate
9 conversations with the County about how the changes in annexation laws affect the rational
10 planning model established within Orange County.
11
12 Listed below are actions need to be taken before three (3) new Fire Service Districts can be
13 created and included in the County's Fiscal 2013/2014 annual budget.
14
15 • Approval by the Orange County Board of Commissioners after holding a public hearing
16 on April 9, 2013. Attachment 14 lists the detailed procedures for notifying property
17 owners prior to conducting a public hearing.
18 • Approval by the North Chatham Fire Department Board of Directors
19 • Approval by the State Fire Marshal's Office
20 • Approval of new Fire Protection and Emergency Services Agreements before July 1,
21 2013 for the three (3) new Fire Service Districts
22
23 Michael Talbert said if this moves forward, it will take 4-6 weeks to get to a public
24 hearing and a letters will have to be sent to all parcel owners in the three fire districts outlining
25 plans with maps provided. He said this will be about 6,000 letters mailed out 4 weeks prior to a
26 public hearing.
27 Michael Talbert said if this goes forward, then the Board of County Commissioners
28 could approve the creation of the new districts. He noted that this would also have to be
29 approved by the North Chatham Fire Department and the information would be sent to the
30 State Fire Marshall's office, with an eventual move toward a new fire protection and emergency
31 services agreements with the three providers.
32 Michael Talbert again reviewed the three recommendations stated earlier.
33 Commissioner Dorosin asked for clarification on the one year opt out and asked if the
34 opt out was possible only in the first year or anytime each year.
35 Michael Talbert said the option is available at the beginning of each fiscal year and
36 notice would have to be given prior to June 30.
37 Commissioner Gordon said that Orange County has opted out by cancelling the existing
38 service contracts for these three areas. She said the contracts will run until June 30, 2013 and
39 then they must be renegotiated and signed to go into effect July 1.
40 Frank Clifton said either party can opt out of a contract with a year's notice. He said the
41 contracts were written back in the 90's and times and issues have changed, so the effort now is
42 to standardize the contracts with each of the districts and towns and deal with some of the
43 issues. He said that his recommendation is that a 5 year agreement be entered into and the
44 town can opt out, if it so chooses.
45
46 PUBLIC COMMENT:
47
48 Mayor Kleinschmidt thanked Michael Talbert for his assistance with this matter. He said
49 it was Michael Talbert who suggested that Chapel Hill do a two year contract. He said that
50 Chapel Hill was mainly concerned about the planning implementations. He noted that all but a
19
1 fraction of this property is in the ETJ of Chapel Hill and the town provides emergency services
2 and inspection work in this area. He said the laws that govern annexation are so different now
3 that these areas will probably never be annexed absent an incentive to encourage residents to
4 seek membership. He said this discussion of fire districts sparked a desire of the Town Council
5 to encourage these residents to want to become part of Chapel Hill voluntarily. He said these
6 are Orange County residents that live near the town limits of Chapel Hill, and Chapel Hill is
7 providing the services to the people in the ETJ and are paying the taxes for it. He said these
8 residents believe that the properties built out on the edge of the community should become part
9 of Chapel Hill.
10 Mayor Kleinschmidt said it was decided to move to a two year agreement so that Chapel
11 Hill could have this conversation about how to rationally plan for their area. He said the tools
12 that created the map are no longer useable and the concept of Chapel Hill residents paying for
13 services in the unincorporated areas is no longer workable because the area will never become
14 part of the town. He said Chapel Hill will continue to service this area like they always have.
15 He asked the Board to respect the only change that the Council asked for, limiting the number
16 of years on the agreement and he encouraged the Board to engage with them in this
17 conversation. He said if they were to contract with Carrboro to do this, Chapel Hill Town
18 Council would be very disappointed. He said he has asked the Mayor of Carrboro to respect
19 this as well. If it is Orange County's will to consider a 5 year term, to then to please send it
20 back to the Council to consider this again, rather than declaring it to be true.
21
22 Commissioner Dorosin asked why the opt-out provision would not accommodate the
23 town's concerns.
24 Mayor Kleinschmidt said this is basically a two year contract for five years and it may
25 suffice, but it is not what the Council approved. He said that there are complicated political
26 issues and an opt-out in the middle of a contract period is just another political decision in an
27 already complicated environment. He said believes an agreement should be reached between
28 the two parties.
29 Commissioner Dorosin said the agreement as provided meets everyone's goals and
30 even if everyone agrees to 5 years, the opt-out is still in the agreement.
31 Mayor Kleinschmidt said the Town of Chapel Hill wants to provide fire services to this
32 area because it is in alignment with the town's interest in annexation. He said it is rational for
33 Chapel Hill to be the service provider but the town is asking for opportunities to continue to
34 engage in a conversation that is unique to this area. He said that if there are times in which the
35 conversation must be had because of renegotiation of a contract, then that provides an
36 opportunity for discussion.
37 Frank Clifton said the reason this issue exists is because the state made changes to the
38 rules for insurance coverage and most of the people in the green area of the map were left
39 without insurance coverage. He noted that Michael Talbert spent a lot of time trying to find a
40 solution. He said that when Chapel Hill was first approached, the response was that annexation
41 needed to happen or service would not be provided. He said that this was when Carrboro was
42 contacted and the staff indicated a willingness to move forward. He said that one of the issues
43 at a staff level, is that 6,000 letters will be sent out explaining this situation to residents in this
44 district and a two year agreement would necessitate that process be done all over again. He
45 said that Carrboro is giving up territory and Chapel Hill is gaining territory and in the end, the
46 county nets zero and is trying to do the most logical thing to service the citizens. He said that
47 mutual aid is the nature of emergency services. He said that there is no intention to create
48 disagreements between the two towns. He said that a public hearing date cannot be
49 established until a consensus is reached and the notification process can move forward. He
20
1 noted that in the meantime there are residents who may or may not be able to get insurance,
2 re-finance, or sell property; so a delay in the decision is an issue.
3 Michael Talbert said time is of the essence. He questioned the time frame if the issue is
4 sent back to the town of Chapel Hill and Mayor Kleinschmidt said the item can be on the Town
5 Council's agenda on 2/27. Michael Talbert said the item would then come back to the Board of
6 County Commissioners' agenda on March 7th, pushing the public hearing date to April 23. He
7 said time starts to run out if this date is missed or goes much further out.
8 Mayor Kleinschmidt said the town of Chapel Hill Manager is not authorized to enter into
9 a 5 year agreement with the county but only a two year agreement. He said if they want a 5
10 year contract and not a two year contract then it must go back to Chapel Hill.
11 Michael Talbert said Town of Carrboro has not been asked yet; so if the two year
12 contract is not agreed to, then one of the other boards will have to consider the issue, which will
13 push it back several weeks.
14 Commissioner Rich noted that people who cannot get insurance could be annexed and
15 get insurance; the residents just choose not to. She questioned why the districts have to be
16 connected every time something is changed.
17 Michael Talbert noted that Greater Chapel Hill will be its own separate district.
18 Commissioner Rich questioned why 6,000 letters would need to be sent out now and
19 again in two years.
20 Michael Talbert said property would be potentially be taken from the existing fire
21 protection district which can't easily be done without an election. He said the way around
22 instigating that change is to not levy the tax within the fire protection district and create a Fire
23 Service District encompassing all of the area. He said that this means everyone in both affected
24 districts must be notified.
25 Commissioner Rich clarified that if these letters are sent out and a two year agreement
26 is established, then these letters would not need to be sent out again. She noted that only the
27 contracts with the town and county would need to be revised.
28 Michael Talbert said that is mostly correct, if the county chose to leave the districts
29 exactly as set up and only changed service providers.
30 Commissioner Gordon said that she would like to provide some perspective on this
31 issue. She noted that there are three new fire service districts and there are a lot of households
32 in these districts. She said there is a dilemma with 112 homes that are outside of the 6 mile
33 range and a lot of work has been done to address this issue. She referenced attachment two
34 which shows the 112 homes and the attachments showing the old and new South Orange Fire
35 District. She said that the claim is that there is fire protection, but there is no service provider
36 and no contract after June 30th. She said there are many homes not in the Greater Chapel Hill
37 Fire District that are caught up in this issue. She noted that a deadline of February 1 St was
38 given to get this work done and still have time to get the new districts to the State Fire
39 Marshall's Office and negotiate the contracts, and now this is delayed. She said that these
40 districts not involved in the greater Chapel Hill District need to somehow be moved forward.
41 She asked for clarification of the steps and timeline necessary for the creation of the three fire
42 districts and the negotiation and signing of three new contracts for fire protection. She
43 questioned if these steps could be finished by a target date of May 21, 2013.
44 Michael Talbert said the steps necessary, as mentioned above are as follows: 1)
45 Schedule a public hearing, which takes 6 weeks from the time of a decision; 2) Contracts must
46 be approved after the public hearing, by North Chatham, Town of Chapel Hill and Carrboro; and
47 3) The State Fire Marshal must give final approval. He said that the February 1St deadline came
48 from the State Fire Marshal's office as a deadline to have the maps submitted to have a revised
49 insurance district for those 112 property owners by July 1St. He said there is still time to get the
50 service districts established and sign new contracts and establish a tax rate for July 1St. He said
21
1 the opportunity to have the State give final approval by July 1St has passed. He said that if the
2 districts can be established, the State may or may not act by September or later to change the
3 ISO rating.
4 Commissioner Gordon asked how the contracts will be negotiated with the fire service
5 providers.
6 Michael Talbert said the contract with the providers would be effective July 1 St
7 regardless of the ISO rating.
8 Commissioner Gordon asked about the service district.
9 Michael Talbert said the service district will be established prior to June 30th and
10 contracts will be in place prior to July 1St
11 Commissioner Gordon asked how far those contracts for North Chatham and South
12 Orange have gotten.
13 Michael Talbert said a first draft has been reviewed with the County Attorney. He said a
14 second draft was reviewed with the Fire Department Chief's Association in January, and a final
15 draft is expected in early March.
16 Commissioner Gordon clarified that early March is the goal for North Chatham, the
17 Town of Carrboro, and South Orange.
18 Michael Talbert said this is for the whole Chief's Association and the plan is to
19 eventually change all of the contracts. He said all three departments mentioned have been at
20 the meetings and have given input on the contract changes. He said there will still be some
21 negotiations after March but it will be done between March and May.
22 Commissioner Gordon asked if it would be done by May 21St and Michael Talbert said
23 yes.
24 Chair Jacobs said it seems like a lot of issues have been worked out at staff level and
25 this is an opportunity for the town to try and achieve another goal separate from fire service.
26 He said he is not in favor of involuntary annexation, but he is not averse to a discussion about
27 why annexation is desirable for the residents in question. He said perhaps this discussion could
28 be put into a framework of two years with a commitment to bring the annexation issue to a vote
29 within those two years. He suggested a five year contract with a two year opt out, and a two
30 year commitment for the county to help facilitate a discussion process with the residents for
31 possible annexation. He said this will make it more of a mutual compromise and may address
32 some of the issues Chapel Hill has with long term planning interests.
33 Commissioner McKee said he sat through the Chapel Hill meeting in January and the
34 discussion went entirely to annexation and not fire service districts. He said it is true that
35 Chapel Hill responds to all fires in this area through a mutual aid agreement with other entities
36 just like all the other departments in the county have with adjacent departments. He said this
37 does not have to be this complicated and the people who are supposed to be helped are being
38 forgotten and are not being discussed. He said there are 112 homes that through no fault of
39 their own will incur an increase and are at risk of not being able to acquire insurance at some
40 time. He said, a solution needs to be found to those 112 homes and this has been much more
41 difficult than originally thought. He said the original deadline was missed and things were
42 handed over the Fire Chiefs and the staff to come to an agreement and their agreement is the
43 transfer of the property being discussed to Chapel Hill. He said the feedback he has received,
44 said that before the January meeting, the rate was 10 cents. He said they are forgetting 200+
45 other homeowners that are proposed to get a 15 cent rate without much corresponding
46 reduction in home owner's insurance. He said a problem is being solved with some folks and a
47 problem is being created with others. He said all of the discussion is around planning, police
48 and service provisions of Chapel Hill and this is not part of this discussion; this is about fire
49 provision for this area from the perspective of a service to citizens and what is physically
50 responsible. He questioned jumping to a 15 cent rate is fiscally responsible when there is a
22
1 possibility of a 10 cent rate. He said he respects Mayor Kleinschmidt, but he does not agree
2 with him.
3 He said this has already been through the Chapel Hill Town Council twice with no
4 solution and he will not object to sending it back for a third time. However, he asked that it be
5 sent it back with a 5 year contract and if Chapel Hill opts out in one or two years to pursue
6 annexation, that is the Town's prerogative, but it is not the Board of County Commissioners'job
7 to propose or advocate for annexation for any town in this county. He said the issue of
8 contracts is a separate issue, except for the three service districts.
9 Chair Jacobs said it is 10:15pm and he said he asked that they defer items 7-c and 8-a.
10
11 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
12 defer Items 7-c and 8-a.
13
14 VOTE: UNANIMOUS
15
16 Commissioner Gordon asked Mr. Brinson to have a more detailed report when he brings
17 item 8-a back.
18
19 The Board returned to item 7-b, and Commissioner Rich said that the goal is to help
20 folks out, but to say there is no other solution to get insurance is unfair because the people
21 could ask to be annexed and the problem would go away.
22 Commissioner Rich asked where the idea of 5 year contracts came from.
23 Michael Talbert said the original contracts back to 1992 were for 5 years with 1 year
24 option out and the Fire Chief's Association asked for a long term agreement on a 5 year
25 contract.
26 Chair Jacobs asked how many fire departments had those contracts with the county.
27 Michael Talbert said there are 12, 10 rural and 2 towns.
28 Commissioner Rich said it is important to engage Chapel Hill one more time and there is
29 time to squeeze it in. She asked if there has been any attempt to talk to the state insurance
30 companies to ask why this is being done.
31 Michael Talbert said it is state law if your home is located more than 6 road miles from
32 the station in your fire district that provides your service, you are considered to have a class 10
33 rating or be un-insured. He said under 6 miles gives a rating called 9-s, which allows
34 insurance, but at the highest rate. He said this was caused by technology like MapQuest and
35 GIS that allows the insurance companies to get exact mileage.
36 Commissioner Rich said the properties are less than 6 miles from Chapel Hill and
37 Micheal Talbert said Chapel Hill is not the insurance provider or fire district.
38 Commissioner Rich said this is the point, why would the insurance company not be
39 engaged in the discussion.
40 Michael Talbert said this was an issue for the State Legislature to fix.
41 Frank Clifton said this is not the first item like this Orange County has had. He said one
42 of the fire departments built a new station in another location to expand and cover some of the
43 lost area and then some fire departments have entered into agreements to provide services
44 outside the district. He said there were at one time, 1100 homes countywide that were 6 miles
45 beyond the stations and were losing insurance coverage. He said the Board has worked
46 several years to overcome these.
47 Commissioner Dorosin said he endorsed Chair Jacobs' plan and he thinks that these
48 people should be annexed. He said he also understands that the residents have been in the
49 ETJ for 20 years and Chapel Hill had a long time to annex them but didn't . He said the
50 Mayor's point about ETJ being a planning tool to allow growth has been commonly used by a lot
23
1 of towns. He thinks the people should be encouraged to be a part of the town but there is
2 ample recrimination to go around when looking at how this could have been done differently.
3 He said this should go back to the town as a 5-year contract with a 2-year opt out. He
4 disagreed with Mayor Kleinschmidt and said that every year when this comes up, there is
5 opportunity to talk about the values of annexation. He said this reflects the interests of
6 everyone involved.
7 Commissioner McKee said there are multiple solutions to this problem; but this will not
8 work out here like it has in other areas. He said he does not want to get into a situation where
9 in two years this has to be done all over again. He noted the amount of time and effort invested
10 already. If there is going to be another attempt to work with Chapel Hill, then there must be a 5
11 year contract with a one year opt out.
12 Commissioner Pelissier said she too agreed with the need to go with a 5 year contract.
13 She said it is important to make sure the people have the insurance at affordable rates, and
14 then the town can talk about annexation. She said there needs to be a de-coupling of the
15 annexation and the fire insurance issue.
16 Commissioner Gordon asked how many contracts were canceled.
17 Michael Talbert said just these three districts.
18 Commissioner Price said she echoed Commissioner Pelissier and she believes these
19 two issues need to be separated. She said people cannot be forced into annexation, and by
20 waiting on the annexation issue, people are missing out on fire protection and ratings.
21 Commissioner McKee said it is not in the Board's prerogative to get involved in
22 annexation issues, and the focus needs to be on obtaining a solution specific to fire protection.
23 He suggested the annexation be de-coupled from the fire protection issue.
24 Chair Jacobs said that these issues can't be de-coupled if the Board is partners with the
25 Town of Chapel Hill because it is a component of the decision on whether or not to participate.
26 He agrees in principle, but partnerships require two parties and the Mayor has told the Board
27 that the annexation is an important issue and there is a long standing relationship with the town
28 of Chapel Hill that needs to be improved and not further undermined. He said he believes a
29 partnership arrangement should be offered and this is why he made his earlier proposal.
30 Commissioner McKee said cooperation is a two way street.
31 Mayor Kleinschmidt said the Council understands that this neighborhood will not be in
32 the city anytime soon; however there are 60,000 residents who live in Chapel Hill who have
33 been paying for services to be provided to the neighborhood; and the fire district issue is one
34 way to recapture some of that expense. He said the Council wants to work with the County and
35 their belief is that annexation is the answer. He said that it is easy for Carrboro have a 10 cent
36 tax because they are not actually going to send a truck, but Chapel Hill is providing the service
37 and has been for 12 years for zero dollars. He said the 15 cents was calculated at 12-13 cents
38 for operational expenses and the 2-3 cent remainder being for long term capital needs and
39 providing for the facilities associated with fire service. He said it is important to work on behalf
40 of all the tax payers, including those inside the municipal limits of Chapel Hill who are burdened
41 by this.
42 Commissioner Gordon asked if Mayor Kleinschmidt had any concerns about asking for
43 a 5 year contract with an opt-out.
44 Mayor Kleinschmidt said he wants to be able to bring this back to the Council. He said
45 that it can't be said that it will be a 5 year contract without bringing it back to the Council to have
46 a signed contract.
47 A motion was made by Commissioner Dorosin, seconded by Commissioner Pelissier for
48 the Board to approve a recommendation for a 5 year contract with the Town of Chapel Hill, with
49 a 15 cent tax levy per one-hundred dollar valuation of real and personal property rate, and for
50 this recommendation to go back to the Chapel Hill Town Council for discussion; ask staff to
24
1 clearly lay out the "opt out"provisions in the contract; for the County to agree to work
2 collaboratively with the Town to explore ways to equitably provide and fund services to
3 residents in and around ETJ areas over the next 2 years, and to ask staff to come back with
4 suggestions to how to effectively implement this; to establish a public hearing, after the Town of
5 Chapel Hill has discussed this recommendation, to consider the establishment of the three new
6 Fire Service Districts - the South Orange Fire Service District, the North Chatham Fire Service
7 District and the Greater Chapel Hill Fire Service District.
8
9 Commissioner McKee asked what equitable service provision meant.
10 Commissioner Dorosin said that services are provided at equitable levels and costs.
11 Commissioner McKee clarified that they are asking for a specific time and cost and
12 service. Commissioner McKee asked for Commissioner Dorosin and Commissioner Pelissier to
13 consider a friendly amendment to take out this last verbiage about equitable services.
14 Commissioner Dorosin said they need to have this conversation at some point about
15 how to provide services in all the potential ETJ areas and how those services are equitably
16 distributed. He said he does not accept the friendly amendment.
17 Chair Jacobs said the manager's recommendation should be added.
18 Frank Clifton suggested the county and city staff should do an analysis of services
19 currently provided within ETJs in all municipalities and the costs associated.
20 Chair Jacobs said that is a good clarifying point about the motion, but it is not part of the
21 motion.
22
23 Commissioner Gordon proposed a substitute motion, as follows:
24 That staff is directed to schedule a public hearing for April 9, 2013 or sooner to consider
25 the creation of three new fire service districts- the South Orange Fire Service District, the North
26 Chatham Fire Service District and the Greater Chapel Hill Fire Service District; that staff are
27 authorized to move forward with a 5 year contract for the Town of Chapel Hill to provide
28 protection for the proposed new Greater Chapel Hill Fire Service District at a 15 cent tax levy
29 per one-hundred dollar valuation of real and personal property; that staff is instructed to move
30 forward to complete the contracts with the other two fire service districts for which contracts
31 were cancelled; that the agenda item giving the list of steps to create three fire service districts
32 is brought back to the March 7 Board of Commissioner's meeting to be negotiated and signed,
33 as well as a target date to complete the entire process of May 21, 2013; and that the Board
34 work collaboratively with the town of Chapel Hill to address planning and service provision
35 issues.
36
37 Commissioner McKee seconded this substitute motion.
38
39 John Roberts said the rules of procedure don't recognize substitute motions and require
40 there to be only one substantive motion at a time. He said this is a hostile motion to amend the
41 original motion and since it has been seconded, it needs to be voted on. He said if it fails, the
42 original motion still stands and if it succeeds the original motion is null.
43 Commissioner Dorosin asked how this motion is different than his, other than the
44 specific inclusion of a timeline.
45 Commissioner Gordon said it authorizes the proceeding forward on the other districts
46 and contracts with the other districts and brings back specific timelines and a checkpoint for
47 March 7.
48 Commissioner Dorosin asked if, other than dates, there was any substantive difference.
25
1 Commissioner Gordon said his motion does not have enough information in it and only
2 seems to focus on greater Chapel Hill rather than comprehensive moving forward of all three
3 districts.
4 Chair Jacobs said with a hostile motion there is no room for debate.
5
6 VOTE: Substitute motion —Aye, 3 (Commissioner Price, Commissioner Gordon,
7 Commissioner McKee)
8 Nays, 4 (Chair Jacobs, Commissioner Dorosin, Commissioner Rich, Commissioner Pelissier)
9
10 Motion Fails
11
12 VOTE: Original motion - UNANIMOUS
13
14 Chair Jacobs made note that annexation does not appear in the approved motion.
15
16
17 c. Jordan Lake Allocation Process and Requirement
18 The Board was to consider adding funds in this year's budget process for utility engineering
19 study/analysis on how to distribute via infrastructure future water allocations from Jordan Lake.
20
21 DEFERRED
22
23 8. Reports
24
25 a. Update on Status/Implementation of Addressing and Road-Naming
26 Ordinance
27 The Board was to receive an update report on the status/implementation of the Road
28 Naming and Addressing Ordinance.
29
30 DEFERRED
31
32 9. County Manager's Report
33 NONE
34
35 10. County Attorney's Report
36 John Roberts said he had forwarded information from the Town Attorney regarding an
37 upcoming item on the quarterly public hearing. He said he has been in communication with the
38 School Board Attorney's who say that they do not feel that the ordinance needs to be amended
39 at this time and it would not need amending until 2017. He said that there was the possibility
40 that no one at this table would be here in 2017 and the need for the ordinance to be amended
41 will be forgotten. He noted that the School Board would not be the organization that would be
42 sued or liable for any delays.
43
44 11. Appointments
45
46 a. Orange County Nursing Home Community Advisory Committee —Appointment
47 The Board considered making an appointment to the Orange County Nursing Home
48 Community Advisory Committee.
49
26
1 A motion was made by Commissioner Pelissier seconded by to appoint Dr. Tracey Yap
2 to the Orange County Nursing Home Community Advisory Committee, for a full term ending on
3 1/30/2016.
4
5 VOTE: UNANIMOUS
6
7 b. Small Business Loan Program Board —Appointment
8 The Board considered making an appointment to the Small Business Loan Program
9 Board.
10
11 A motion was made by Commissioner Pelissier, seconded by Commissioner Dorosin to
12 appoint Commissioner McKee to the Small Business Loan Program Board.
13
14 VOTE: UNANIMOUS
15
16 12. Board Comments
17 Commissioner Gordon said she, Commissioner Price, and Commissioner Rich attended
18 the Chapel Hill Town Council meeting to view resources for the Southern Orange County
19 Government Services Campus. She said the Town Council had a good discussion and
20 discussed the special use permitting process and the development agreement process.
21 Commissioner Gordon said the Durham/Chapel Hill/Carrboro Metropolitan Planning
22 Organization (MPO) released the 2040 MPO Report and Air Quality Determination and Analysis
23 Report drafts. She said a public hearing will occur in March and both plans will be adopted in
24 April.
25 Commissioner Price asked that in future when there are legislative goals, the new
26 Commissioners be informed of the process.
27
28 Commissioner Pelissier said she had forgotten to mention something at the last
29 meeting related to the new start applications to the Light Rail Component of the Transportation
30 Plan. She said there has been no response from the Federal Transportation Administration.
31 She highlighted a few things from the Association of County Commissioners' meeting, and said
32 there was a visit from Assistant Secretary Gillespie who said that there will be a focus on
33 cleaning up all contaminated water supply sites around the State. She said that there will be an
34 effort to fund the priority efforts such as this. She said there was also a long discussion on
35 fracking and it was mentioned that all that is being discussed in the Senate Bills is offshore
36 drilling.
37 Commissioner McKee— pass
38 Commissioner Dorosin — pass
39 Commissioner Rich thanked the staff for the new member orientation and she thanked
40 Commissioner Gordon for coming and sharing some of her history. She said that the Visitor's
41 Bureau hosted Taste of Carolina last night and there were over 300 people at this event at the
42 Carolina Inn. She said about 200 of those people stayed in town and this was a good economic
43 development tool.
44 Chair Jacobs said that he, Frank Clifton, Commissioner McKee and Donna S. Baker
45 met with Congressman Coble yesterday and had a very amicable discussion regarding
46 agriculture, conservation, economic development districts, 1-85 widening, high speed internet
47 access, economic development districts and plans for bus transit in the central part of the
48 county. He said the staff is opening an office by the end of the month in Efland and will be
49 invited to a meeting for introductions.
27
1 Chair Jacob addressed the SAPFO discussion and why this item is being pulled from
2 the 2/25 Quarterly Public Hearing. He said that the two school systems felt they had not been
3 consulted before a decision was made and there had been an agreement to delay bringing this
4 to public hearing.
5 Chair Jacobs asked Frank Clifton to come back with information on the development of
6 the Walnut Grove Convenience Center.
7 Frank Clifton said there is a wait for the rain to clear before paving can occur.
8
9 13. Information Items
10
11 e February 5, 2013 BOCC Meeting Follow-up Actions List
12 e Tax Collector's Report— Numerical Analysis
13 e Structure of Mental Health Services in Orange County
14 e BOCC Chair Letter Responding to Petitions from Commissioner Bernadette Pelissier
15 during January 24, 2013 Regular Meeting
16
17 14. Closed Session
18 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
19 adjourn the meeting into closed session at 10:51 PM for the purpose of:
20
21 Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board
22 in order to preserve the attorney-client privilege between the attorney and the Board."
23
24 VOTE: UNANIMOUS
25
26 RECONVENE INTO REGULAR SESSION
27
28 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
29 reconvene into regular session at 11:50pm.
30
31 VOTE: UNANIMOUS
32
33 15. Adjournment
34 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
35 adjourn the meeting at 11:50 pm.
36
37 VOTE: UNANIMOUS
38
39 Barry Jacobs, Chair
40
41 Donna S. Baker, CMC
42 Clerk to the Board
43
1
I DRAFT Attachment 2
2
3 MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 March 7, 2013
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Thursday,
10 March 7, 2103 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Alice M. Gordon,
13 Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT: Mark Dorosin
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
17 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
18 will be identified appropriately below)
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Additions or Changes to the Agenda
23 Chair Jacobs went through the items at the County Commissioners' places.
24
25 • Blue sheet - Revised Item 5-e - Change in BOCC Regular Meeting Schedule for 2013
26
27 • White — Item 6-b PPT for Draft Orange County Comprehensive Transportation Plan
28 • White -7b- map attachment for Schedule a Public Hearing Regarding the Establishment
29 of Three (3) New Fire Service Districts
30 • White - 7-c - PPT - Jordan Lake Allocation Process and Engineering Study
31
32 Chair Jacobs said that Commissioner Dorosin is out of town and Commissioner McKee
33 will be late this evening.
34
35 PUBLIC CHARGE
36
37 The Chair dispensed with the reading of the public charge.
38
39 2. Public Comments
40 a. Matters not on the Printed Agenda
41 Buzz Koenig read a prepared statement.
42
43 A request to the Orange County Board of Commissioners
44
45 Special Request: We request that you convene a group of pertinent parties to investigate
46 issues and options regarding current water management practices, under the current Voluntary
47 Capacity Use Agreement, that severely impact the operations of Lake Orange, Inc. and the
48 interests of residents and "Friends of Lake Orange."
49
2
1 NOTE: This request has been suggested by the Orange County Manager and his staff
2
3 Justified on the basis of the following additional reasons:
4
5 1. The Voluntary Capacity Use Agreement of 1988 is outdated and does not reflect current
6 water user needs or other contemporary issues of the day.
7 2. Lake Orange Inc.'s financial operations are impacted by the continual breach of their
8 contract with the County in maintaining water levels sufficient for "deeded recreational
9 rights" and land development.
10 3. Current water release schedules for Lake Orange have not been revised due to the
11 additional capacity of the West Fork Reservoir since it was brought online in 2000; the
12 planned second phase of the WFER will increase its storage by an additional billion+
13 gallons with no relief defined for Lake Orange.
14 4. Application of the NC DWR's "Hydrological Model" demonstrates that the "Safe Yield"
15 for Lake Orange is being exceeded by the current management plan while the WFER is
16 being underutilized.
17 5. The revision of the Volunteer Capacity Use Agreement may affect current investigations
18 and decision alternatives regarding water supply sources (e.g.: Jordan Lake, OWASA,
19 Haw River)
20
21 Current practices affecting Lake Orange's water level represent a significant problem to Lake
22 Orange, In. and those of us who enjoy use of the lake; there are options.
23
24 We seek `common ground' among all parties to mitigate the situation and be more sensitive to
25 the needs of Orange County residents, commercial businesses, and the value of our limited
26 water-related recreational assets we have in the county.
27
28 George T. (Buzz) Koenig
29 President, Friends of Lake Orange
30
31 Don O'Leary said at the last meeting he had requested a response to sit down and meet
32 and Chair Jacobs said this is forthcoming. He said Orange County is committing high treason.
33 He said that he spoke as an expert on ICLEI and Article 21. He said that there was quite a
34 response. He said that he is creating a task force to eliminate ICLEI. He said that one way or
35 another, Orange County is going to get out of ICLEI. He said that he is doing what he has to
36 do.
37
38 b. Matters on the Printed Agenda
39 (These matters were considered when the Board addressed that item on the agenda
40 below.)
41
42 3. Petitions by Board Members
43 Commissioner Gordon petitioned to have a more formal process for the closed
44 sessions. For each closed agenda item the Board should receive these closed session items
45 along with their regular meeting agenda packet. The packet would include an agenda abstract
46 with the purpose of the item, any decisions that the Board is expected to make, and any
47 relevant background materials because of the closed sessions. She said the Board sometimes
48 gets these materials during the meeting and it is a lot of information to process at such late
49 hours of their closed sessions.
3
1 Chair Jacobs petitioned for staff to look at Outlook, and whether Outlook is the
2 instrument to use for the County and Board business. Chair Jacobs said IT Interim Director Jim
3 Northup is here and he would like for staff to find out if there are any viable alternatives to
4 Outlook. If other County Commissioners have concerns, he asked them to please get in touch
5 with Mr. Northup.
6
7 4. Proclamations/ Resolutions/ Special Presentations-NONE
8
9 5. Consent Agenda
10
11 Approval of Remaining Consent Agenda
12
13 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to
14 approve those items on the consent agenda as stated below:
15
16 VOTE: UNAIMOUS
17
18 a. Minutes — None
19
20 b. Motor Vehicle Property Tax Releases/Refunds
21 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
22 property tax values for twenty-one (21) taxpayers with a total of twenty-two (22) bills that will
23 result in a reduction of revenue in accordance with NCGS.
24 c. Property Tax Releases/Refunds
25 The Board adopted a resolution, which is incorporated by reference, to release property tax
26 values for ten (10) taxpayers with a total of twenty-two (22) bills that will result in a reduction of
27 revenue in accordance with North Carolina General Statute 105-381.
28 d. Request to Add Colposcopy Fees to Health Department Fee Schedule
29 The Board approved a Health Department request that the Board of County Commissioners
30 adopt fees for Colposcopy services approved by the Board of Health at its January 16, 2013
31 meeting.
32 e. Change in BOCC Regular Meeting Schedule for 2013
33 The Board approved a change in the County Commissioners' regular meeting calendar for 2013
34 to move Clerk/County Attorney Evaluation Meeting FROM Tuesday, March 26, 2013 TO
35 Tuesday, April 30, 2013 at 6:00 p.m. at the Link Government Services Center, 200 South
36 Cameron Street, Hillsborough, so as to allow time for subcommittee to review/develop
37 evaluation process/tools.
38
39 6. Public Hearings
40 a. Joint Public Hearing with the Historic Preservation Commission for the
41 Captain John S. Pope Farm Local Historic Landmark Designation
42 The Board conducted a joint public hearing with the Historic Preservation Commission
43 (HPC) to receive public comment on the application and proposed ordinance to designate the
44 Captain John S. Pope Farm as an Orange County Local Historic Landmark.
45
46 Historic Preservation Members Present: Todd Dickinson, Chair, Steve Rankin, Vice-Chair,
47 Statler Gilfillen, Bob Ireland, and Rob Golan
48
49 Historic Preservation Members Absent: Joanna Lelekacs,
50
4
1 Pete Sandbeck said this item is to conduct a joint public hearing between the Board of
2 Commissioners and the HPC to receive public comment on the application and proposed
3 ordinance to designate the Captain John S. Pope Farm as an Orange County Local Historic
4 Landmark. He said this is part of the statutory process and the owner of the property is eager
5 to obtain this designation. He said this application has been reviewed by the HPC and
6 approved and by the state cultural office and approved.
7
8 The background on this item is shown below:
9
10 In 1991, Orange County adopted the "Ordinance Creating the Historic Preservation
11 Commission (HPC) of Orange County", also referred to as the "Historic Preservation
12 Ordinance". A few years later, in 1997, the County adopted a voluntary program to designate
13 properties of local historic and architectural significance called the Local Landmark Program.
14 One of the HPC's duties is to recommend properties for local landmark designation. Properties
15 may be designated as individual landmarks or as part of historic districts. Properties must meet
16 a higher standard of historic and/or architectural significance to be designated as an
17 individual landmark. The higher standard is appropriate since landmark property owners are
18 eligible for a fifty percent (50%) property tax deferral as long as the site continues to retain its
19 historic character, as provided by North Carolina General Statutes under 160A-400.1-400.14.
20
21 The historic landmark designation process, outlined in Article 3 of the County's Historic
22 Preservation Ordinance, involves several steps culminating with the adoption of an ordinance
23 for each individual landmark site or historic district. At its January 23, 2013 meeting, the HPC
24 accepted a Part 2 application from Mr. Robert Pope to consider his property, the Captain John
25 S. Pope Farm, for designation as an Orange County Local Historic Landmark, thus initiating the
26 application process (Attachments 1 and 2). Mr. Pope's application materials were submitted to
27 the State Historic Preservation Office (SHPO) for review and comment as required by the
28 Historic Preservation Ordinance. The HPC received a favorable response from the SHPO staff
29 (Attachment 3).
30
31 The HPC concurred with the SHPO's evaluation that the Captain John S. Pope
32 Farm was worthy of consideration for local landmark designation (Attachment 4). The HPC
33 voted unanimously to request a joint public hearing with the BOCC, as required by Section 3.7
34 of the Historic Preservation Ordinance (Attachment 5). In addition to the landmark designation
35 process described above, members of the HPC endorsed a proposed National Register
36 Nomination for the Captain John S. Pope Farm and voted unanimously to support this
37 nomination at the January 23, 2013 regular meeting. The BOCC likewise endorsed the
38 proposed National Register nomination for this property at the regular BOCC meeting on
39 January 24, 2013. The Captain John S. Pope Farm was subsequently approved for final
40 nomination to the National Register of Historic Places by the State National Register Advisory
41 Committee and the State Historic Preservation Officer on February 14, 2013.
42
43 The Pope Farm is one of the best-preserved historic agricultural complexes still surviving in
44 northern Orange County, exemplifying a mid-sized tobacco farm of the type that prospered here
45 from the late 19th century until the 1960s. The farm complex consists of the original two-story
46 farmhouse, built 1870-74 for Captain John S. Pope, and twenty outbuildings dating from the
47 1870s to the 1960s. The farm has remained in continuous operation by the Pope family and
48 retains the original property acreage as well as the historic pattern of fields and forests.
49
50 This is a routine public hearing required by state enabling legislation and the County's
5
1 Historic Preservation Ordinance. Following this joint public hearing, the BOCC and the HPC
2 will take into consideration any public comments in preparing the final ordinance. The HPC will
3 then return the final version of the proposed ordinance for the Board's consideration and
4 adoption at their April 9th meeting.
5
6 NO PUBLIC COMMENT
7
8 Commissioner Rich said this was very informative and thanked the staff and HPC for
9 their work. She asked how many properties in Orange County have this status.
10 Pete Sandbeck said there are five properties in Orange County at this time and the
11 process takes about six months.
12
13 Chair Jacobs said the County Commissioners did bring forth the HPC comments to the
14 joint meeting with the Town of Hillsborough.
15 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
16 refer the designation ordinance back to the Historic Preservation Commission for its final review
17 and recommendation, with the HPC returning a final version of the proposed ordinance for the
18 Board's consideration and adoption at their April 9th meeting.
19 VOTE: UNANIMOUS
20
21 b. Draft Orange County Comprehensive Transportation Plan
22 The Board received the Orange Unified Transportation Board's recommendation,
23 considered closing the public hearing, and making a decision on the draft Comprehensive
24 Transportation Plan (CTP) for Orange County's rural areas.
25
26 Commissioner McKee arrived at 7:22 PM.
27
28 Comprehensive Planning Supervisor Tom Altieri made a PowerPoint presentation.
29
30 Draft Orange County
31 Comprehensive Transportation Plan
32
33 *Rural Area*
34 March 7, 2013
35 BOCC Meeting
36 Item 6b
37
38 Purpose
39 1. Receive the Orange Unified Transportation Board's recommendation.
40 2. Close the public hearing which was held January 24th and adjourned to tonight.
41 3. Consider adoption of the Comprehensive Transportation Plan maps.
42 4. Provide any additional comments on the technical report to NCDOT for its consideration
43 in the final report.
44
45 What is a CTP?
46 (Comprehensive Transportation Plan)
47 - 4 maps and cover sheet with supporting documentation
48 - Long-range (2035), multi-modal, fiscally unconstrained (no funding or priorities)
49 o Highway, Public Transportation, Bicycle, Pedestrian
50 - Replaces previous thoroughfare plans
51 - Designed to be easily updated in order to remain relevant
6
1
2 Reminder: this plan is for RPO area and encompasses no municipalities.
3
4
5 OUTBoard Recommendations
th
6 - At its February 20 meeting, the OUTBoard unanimously recommended approval of the
7 CTP with minor revisions to the maps; and
8 - Provided comments on the technical report.
9
10 Maps
11 Highway Map:
12 - Line style and color used to show Minor Thoroughfares should be changed to be more
13 visible.
14 - Extend Minor Thoroughfare "Needs Improvement" line on Efland-Cedar Grove Rd from
15 Carr Store Rd to the U.S. Post Office.
16 Public Transportation Map: No change.
17 Bicycle Map: No change recommended unless an off-road bicycle path would be a desirable
18 option along Old NC 86 between Arthur Minnis Rd and Ode T-61FRer Davis Rd.
19 Pedestrian Map: Correct labeling of Rural Community Nodes.
20 General Comment: Clearly label the MPO boundaries on all maps.
21
22 Highway Map Excerpt:
23 Extend the Minor Thoroughfare `Needs Improvement' line on Efland-Cedar Grove Road north
24 from Carrboro Store Road to the northern property line of the U. S. Post Office. The Post
25 Office is one of the larger trip generators in the area.
26
27 Bicycle Map Excerpt:
28 To establish consistency between CTPs:
29 Option 1: No change. (Staff's recommendation)
30 Option 2: Add off-road bicycle path to map.
31
32 Report Comments
33 Comments to be forwarded to NCDOT for consideration in final report. In general, comments
34 involve requests to:
35 - Clarify the description of the Pedestrian map;
36 - Add descriptions of highway shoulder widths and paving details;
37 - Revise bicycle project description for Efland Cedar Grove Rd to be consistent with
38 proposed map addition;
39 - Add a statement at the end of the Old NC 86 description relating to bicycle safety and
40 dangers posed by hilly and curvy nature of the road; and
41 - Add statement that expansion of commuter rail in MPO areas may have traffic impact on
42 "feeder" routes.
43
44 Manager Recommendation
45 1. Receive the OUTBoard recommendation of approval;
46 2. Close the public hearing;
47 3. Adopt CTP Maps (Attachment 5) to include revisions recommended by the OUTBoard;
48 and
7
1 4. Provide any additional comments the Board may have on the CTP technical report
2 (Attachment 4).
3
4
5
6 NO PUBLIC COMMENT
7
8 Chair Jacobs asked about the off road bike route and where this would occur.
9 Tom Altieri said if he is referring to one of the alternatives the OUTBoard suggested and
10 if there was a desire to have a bike path on this route- between Hillsborough and Carrboro -
11 then it would be outside of the DOT right-of-way and it would be the first bicycle path of this
12 type in Orange County. Staff has not discussed this. If the County Commissioners would like
13 to pursue this, they would like to involve the MPO and their partners.
14 Chair Jacobs asked how the bike plan regards the alternative routes that people already
15 use. He said that it would make more sense to have bike lanes on these routes other than NC
16 86.
17 Tom Altieri said he did believe that was the OUTBoard's preference and staffs' too.
18 There are other routes that would be preferable and those would be on-road as opposed to off-
19 road.
20 Chair Jacobs asked what the County Commissioners were being asked to do.
21 Tom Altieri said that the Board is being asked to approve the maps with the OUTBoard
22 recommendation, choosing either Option 1 (no change) or Option 2 (showing the off-road
23 bicycle map). In either case, staff needs to coordinate with the MPO.
24 Commissioner Gordon said the RPO is the ahead of the MPO in their discussion of the
25 CTP and if they decide to remove this section, there would be a discussion at the MPO.
26
27 A motion was made by Commissioner McKee, seconded by Commissioner Price to
28 close the public hearing.
29 VOTE: UNANIMOUS
30
31 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
32 Adopt Part 1 (Attachment 5) of the Comprehensive Transportation Plan to include map
33 revisions recommended by the OUTBoard (Attachment 2), and to include option 1 on the Old
34 86 Bike route, which is to make no changes in the map.
35
36 Commissioner Rich said she liked option 2 to be sent to the MPO for discussion.
37 Commissioner McKee said option 2 would require access of and purchase of rights-of-
38 way from DOT and he is not sure if homeowners would want to do this. He said they are only
39 talking about a short section for an off-road travel way on Old 86. He said it would not be
40 justified to have a short segment.
41 Commissioner Rich said she really wants to have a conversation about safety and
42 gather sufficient information about this.
43 Chair Jacobs said Orange County has no funding for bikes and it is up to DOT. He
44 would rather see bike lanes on less traveled roads.
45 Commissioner Pelissier said she supports option 1 that Commissioner Gordon made in
46 her motion because she sees more bikers on the safer, straighter roads.
47 Commissioner Price agreed with option 1 as well.
48
49 VOTE: Ayes, 5; No, 1 (Commissioner Rich)
50
8
1 7. Regular Agenda
2 a. License Agreement for Farmers Market Pavilion — Eno River Farmers'
3 Market, Inc.
4 The Board considered the approval of a new license agreement for the Eno River
5 Farmers' Market, Inc. (ERFM) for use of the Farmers' Market Pavilion from April 1, 2013
6 through March 31, 2016 (existing agreement expires March 31, 2013) and authorizing the Chair
7 to sign.
8 Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil
9 said on May 5, 2009 Orange County entered into a license agreement with the Eno River
10 Farmers' Market, Inc. (ERFM), for use of the Farmers' Market Pavilion. The Pavilion is located
11 within the County's River Park and is just south of East Margaret Lane behind the Orange
12 County District Attorney's office.
13 On March 13, 2012 Orange County and the ERFM agreed to a one year amendment of
14 this agreement. The amendment included some changes, most notably a clause stipulating
15 payment by the ERFM to Orange County for use of the Pavilion two days each week during the
16 term of the agreement. The agreed upon rate was $500 for the year.
17 He said that a new draft license agreement (in their agenda packet) continues the $500
18 annual rate for an additional three years. The agreement also stipulates (at the Market's
19 suggestion) that the ERFM will use the Pavilion only once per week (on Saturdays from 6:OOam
20 to 1:00 pm). The Agreement excludes Hog Day weekend, but adds three additional Saturday
21 periods for special events. In total, the number of events does not exceed 54 in a given year.
22 Otherwise, there is no substantive change from the amendment.
23 David Stancil said the County will be responsible for utilities, restroom cleanup, and
24 routine site maintenance. ERFM will be responsible for removing solid waste and recyclable
25 content from the on-site containers after each event, as well as a general sweeping of the
26 pavilion floor and a general litter policing of the area.
27 The proposed agreement has been reviewed by the ERFM Board. While in agreement
28 with most of the provisions, the ERFM proposes to instead pay an annual fee of$300 for use of
29 the Pavilion. The ERFM Board plans to use the Pavilion on Saturdays only in the upcoming
30 lease, and has inquired as to a reduction in the annual fee on this basis.
31
32 Commissioner Rich asked what the fee actually covers.
33 Dave Stancil said it is in lieu of a usage fee such as cleaning, etc.
34 Frank Clifton said the $500 rate allows the ERFM to use the facility every Saturday.
35 Commissioner Price said this is a pavilion for all to use but it was actually built for a
36 farmers market and Chair Jacobs said yes and that the County received federal funds.
37
38 PUBLIC COMMENT:
39 Amanda Sherle said she is the Farmer's Market manager and she is glad for the
40 County's support. She said they do ask for a reduction in fees due to the reduction in hours
41 since they cut out the Wednesday markets. She said the vendor fees have had to be raised
42 this year. If the fee is reduced, the Farmer's Market would like to provide more community
43 events.
44 A motion was made by Commissioner McKee, seconded by Commissioner Price to
45 approve the ERFM request for a reduction in license fee to $300, approve the License
46 Agreement, and authorize the Chair to sign the Agreement on behalf of the Board.
47 VOTE: UNANIMOUS
48
49 b. Schedule a Public Hearing Regarding the Establishment of Three (3) New
50 Fire Service Districts
9
1 The Board considered scheduling a public hearing for April 23, 2013 to consider the
2 establishment of the three new Fire Service Districts; the South Orange Fire Service District,
3 the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District.
4 Michael Talbert said the action the staff is requesting is a date for this public hearing for
5 three new fire service districts: the South Orange Fire Service District, the Greater Chapel Hill
6 Fire Service District and then a new third district for which there is a change. The new proposal
7 is to change from the North Chatham Fire Service District to the new Southern Triangle Fire
8 Service District. That change is shown in the new Attachment 4. The North Chatham Fire
9 Insurance District has two fire districts. The new proposal is to include just the portion of this
10 district that is east of 15-501, which would be the remainder of the Southern Triangle fire
11 district. The processing time for the Tax Department for this change would be reduced greatly.
12 The Town Council unanimously approved the service agreement for the new Greater Chapel
13 Hill Fire Service District and the Town's current fire district will be expanded to a five-year
14 contract at a rate of 15 cents. He said the next steps would be to schedule a public hearing
15 proposed for April 17th at Carrboro High School instead of April 23d. Once the public hearing is
16 held, this will move forward.
17 Commissioner Rich asked if the new map affects the costs to residents.
18 Michael Talbert said the existing tax rate in Chatham County will be going up from 5
19 cents to 8.8 cents. This will be clearly explained at the public hearing.
20 Commissioner Gordon asked why the proposal is being made to change from the North
21 Chatham Fire Service District to the Southern Triangle Fire Service District.
22 Michael Talbert said that the original intent was to make the fire service districts
23 correspond to the fire insurance districts. Both the Damascus fire protection district and the
24 Southern Triangle fire protection district are in the North Chatham fire insurance district.
25 However, since the Damascus district is not being changed, it is not necessary to send out
26 notices to that area.
27 Commissioner Gordon made reference to page 4 and the actions that need to be taken
28 before the new fire service districts can be created and she read these. She asked about the
29 target date for Board of County Commissioners' approval. She is concerned that the contracts
30 be in place before they expire on June 30.
31 Michael Talbert said the earliest possible date would be April 17th or April 23 d after the
32 public hearing. The quicker they act the quicker they can send to the state. The state expects
33 a six-month process.
34 Discussion ensued about the ending date for the fire contracts.
35 Frank Clifton said that the fire contracts are separate from the insurance districts and
36 insurance rates.
37 Commissioner Gordon suggested changing this to say "submit for approval to the state."
38 She said it should be presented to the County Commissioners no later than June 18, 2013.
39 She said it would be a mistake to hold a public hearing on the same night as this is approved.
40 She said it would be better to have the public hearing April 17th and then the approval on April
41 23,d
42 Commissioner McKee said it is unfortunate they are trying to deal with so many different
43 concepts in one package. He said the approval of the fire contracts for fire protection is not tied
44 into the fire service districts or state agency approval. It is a county responsibility to get these
45 contracts in place. He said the separation of the Southern Triangle in two different sections is
46 good. He said he has no problem with holding a public hearing and voting on the item at the
47 same meeting such as April 17th. He said he will support this solution because it has been over
48 a year in the making.
49 Chair Jacobs said the County Commissioners all appreciated the work by the
50 Emergency Services Work Group and staff.
10
1 Commissioner Pelissier agreed with Commissioner McKee but she is not sure there
2 should be a separate date for the public hearing.
3 Frank Clifton said if they are going to send out 3,000+ letters, that could lead to a very
4 large crowd and they felt this was a way to accommodate all who wanted to speak, having the
5 meeting at the high school.
6 Commissioner Pelissier said, in that case, she changed her mind.
7
8 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
9 schedule the public hearing on April 17,2013 at Carrboro High School and that the actions they
10 need to take before the three new fire service districts are created and included in county
11 budget would be:
12
13 • Approval by the Orange County Board of Commissioners on April 23, 2013
14 • Approval by the North Chatham Fire Department Board of Directors in April 2013
15 • Submission for approval by the State Fire Marshal's office
16 • Approval by the Orange County Board of Commissioners of new Fire Protection and
17 Emergency Service Agreements on or before June 18, 2013 for the three new Fire
18 Service Districts
19
20 Commissioner McKee said he would second this with friendly amendment to specify the
21 three new fire service districts as the South Orange Fire Service District, the new Southern
22 Triangle Fire Service District, and the Greater Chapel Hill Fire Service District. The amendment
23 was accepted by Commissioner Gordon.
24 VOTE: UNANIMOUS
25
26 C. Jordan Lake Allocation Process and Engineering Study
27 The Board considered adding funds in this year's budget process for utility engineering
28 study/analysis regarding the infrastructure distribution program for future water allocations from
29 Jordan Lake.
30 Planning Director Craig Benedict made a PowerPoint presentation.
31
32
33 JORDAN LAKE PARTNERSHIP &
34 Water Supply Allocation Process
35
36 A. Background
37 HOW we got here?
38 ■ State DENR Opens Jordan Lake Additional Water Supply Allocation
39 Request Process
40 ■ Jordan Lake Partnership (JLP) MOU 2/17/2009
41 ■ Partners includes Orange, Durham, & Wake County & Cities
42 ■ Pre-Application Process
43 ■ Standard Demand and Supply Assumptions
44
45 DENR Application Contents
46 I. Water Demand Forecast
47 II. Conservation and Demand Management
48 III. Current Water Supply
49 IV. Future Water Supply Needs
50 V. Alternative Water Supplies
11
I VI. Plans to Use Jordan Lake
2
3 B. Infrastructure
4 Engineering Study
5 * WHY do we need to do this? and WHAT is it?
6 This study determines:
7 ■ Feasibility and design
8 ■ Pipe sizes and distances
9 ■ Various water system models
10 From: Source(s)(Jordan Lake or other)
11 Thru: Water Resource Partners (Durham, Hillsborough, OWASA, etc.)
12 To: EDD Customer Zones
13
14
15 Study Issues
16 Infrastructure Engineering Analysis
17 Existing and Necessary
18 ■ Bolster Jordan Lake Application Request
19 ■ Non-Utility Entity is Unique Situation
20 ■ Further Dialogue and Partnerships with Local Utilities and Cities
21 C. Next Steps
th
22 ■ Further Discussion at March 12 BOCC Work Session
st
23 ■ Orange County Draft Jordan Lake Application Due April 1
24 ■ Add the Engineering Design OC Share ($49,901)
25 2013-2014 Budget Process
26 ■ Final Draft Application Due July 1, 2013
27
28
29 Commissioner Pelissier said the average use in the OWASA service area per day is
30 about 8 million gallons. She said that it is striking that Orange County is going to ask for 4
31 million per day. She said there is no connection with Mebane and she thought she understood
32 that Mebane had sufficient water in the Buckhorn EDD. She asked about the yellow areas in
33 Hillsborough and said not all of these areas are in the Hillsborough EDD.
34 Craig Benedict said 4 million gallons does seem like a lot compared to OWASA and
35 these areas are appreciable to the size of those jurisdictions. There is a possibility of using less
36 than 4 million gallons. Regarding Mebane, it has adequate water supply in the short-term
37 horizon. Regarding Hillsborough, these areas are in the urban transition. There have not been
38 any definitive answers from Hillsborough about whether it will use the second phase of the
39 allocation.
40 Commissioner Rich asked if Orange County has ever used any water in its allocation
41 and Craig Benedict said no, because it is a level two allocation, which is a reserve.
42 Commissioner McKee said he is pleased to see the potential of an allocation of an
43 additional amount. He said economic development will require a lot of water, and he supports
44 this allocation.
45 Chair Jacobs asked if there are there any inter-basin transfers involved. Craig Benedict
46 said the City of Durham has a grandfather clause and this is still a topic of consideration.
12
1 Chair Jacobs said this is like a big poker game and the stakes are raised now and
2 entities have to put in more money.
3 Frank Clifton said the request is now just in a draft stage. The uses discussed tonight
4 have been mostly domestic, but the future uses may be more commercial.
5 This will be discussed again at the work session next week.
6
7 d. Proposal to Move Toward a Franchise to Privatize Curbside Solid Waste
8 and Recycling Services in Unincorporated Area of Orange County
9 The Board discussed a proposal to move toward a county-wide franchise agreement
10 that would privatize curbside Solid Waste and Recycling Services in the unincorporated areas
11 of Orange County.
12 Chair Jacobs said this is a process that is projected to take eight months. He said the
13 County is not trying to back away from its commitment to recycling.
14 Frank Clifton said the systems in place now will be changing and this is one option.
15 Michael Talbert said they are going to talk about the possibility of moving forward and
16 this will have no impact on the solid waste convenience centers (SWCC). Orange County is
17 moving forward with closing the landfill and as they do this June 30, 2013 much will still remain
18 at that site such as the C&D landfill and white goods, but will be part of the recycling budget.
19 He said Orange County does recycling better than anyone in the state but doing that is not
20 cheap. He said right now solid waste in the unincorporated areas of Orange County is provided
21 by private haulers. There are about 12 private haulers in and around Orange County. The
22 towns collect their own solid waste within their town limits and after June 30th they will be
23 looking at other options to take their waste rather than the landfill.
24 The earliest implementation of this new program will be July 1, 2014.
25
26 An anticipated timeline, if Orange County moves toward the Franchise of Curbside Solid
27 Waste and Recycling services in Unincorporated Area of Orange County is:
28
29 - March 15, 2013 — Notice to existing private solid waste collection services of the April
30 23, 2013 meeting to discuss Franchise Agreement and displacement of private solid
31 waste collection services.
32 - April 23, 2013 Public Hearing to discuss Franchise Agreement and displacement of
33 private solid waste collection services implementing the 15 month public notice
34 requirement
35 - April 23, 2013— June 15, 2013 Create Request for Proposals (RFP) — Franchise
36 Agreement
37 - June 15, 2013—August 15, 2013 RFP available for vendors to response
38 - August 15, 2013— September 30, 2013 staff evaluation of proposals and negotiations
39 with vendors
40 - October 8, 2013 Work Session discussion of Franchise Agreement
41 - November 5, 2013 Public Hearing to consider Franchise Agreement
42 - November 19, 2013 Board approval of Franchise Agreement
43 - July 1, 2014— December 31, 2015 — Phased Implementation of Franchise Agreement
44
45
46 PUBLIC COMMENT:
47 Bonnie Hauser spoke for Orange County Voice. She said with the landfill closing, we welcome
48 a fresh look at solid waste and recycling services to the unincorporated parts of the county.
49 As you know, for our small, complex county, one-size-fits all models don't work. Communities
50 near towns tend to enjoy town-like services like trash and recycling curbside collection. The
13
1 county reports 5000 out of the 20,000 county families —about 1/4 -- use curbside trash services.
2 The rest prefer to use the county's five convenience centers.
3 We hope you privatize rural recycling collection — in a voluntary program where county
4 households can opt out. As you know, the town program is already privatized and it works well.
5 We see no reason to pursue waste franchises. Today— private haulers large and small,
6 provide good service at reasonable cost. The Solid Waste Work Group opposed franchises in
7 fear of displacing small, local providers, such as Efland Trash Services, who is here tonight.
8 We opposed more fees.
9 This may be a good time to take a victory lap on the 56% waste reduction rate, and shift your
10 focus to costs and service. With the landfill closing, and the towns going their own way, waste
11 reduction is no longer a reliable measure. Now we need your attention on the fiscal impact of
12 losing millions of dollars from landfill fees, and major new expenses to upgrade convenience
13 centers and haul our trash out of county.
14 Don't worry—we'll still compost and recycle —and the county's work with schools and
15 apartment complexes will help no matter how you measure it.
16 To citizens, what matters is transparency in services, costs and fees. You discussed this at
17 length last week. Most households -- town and county— don't realize that they already pay 3
18 solid waste fees, and more in property taxes. That's in addition to whatever they pay for
19 curbside trash services.
20 So here's some questions we hope you'll ask tonight:
21 1. Can the county quickly privatize rural recycling collection and make it a voluntary
22 program. Is it possible to add county families who want curbside recycling to the
23 program for town residents?
24 2. What are waste franchises and why pursue them? Who benefits? How will services
25 and fees be affected? Will local companies be displaced? Can vendors match the
26 services people are currently receiving?
27 3. Are there other ways to save money and/or improve service? For example, can vendors
28 help haul materials from convenience centers?
29 4. Finally, how will services, costs and fees change as the landfill closes? Is it possible to
30 simplify fees and provide more transparency so citizens can understand how fees relate
31 to services and costs.
32 We'd like to see the county quickly privatize recycling and make it voluntary. We hope you'll
33 delay discussing new services until we all understand the fiscal realities of closing the landfill,
34 and have a simplified fee structure that aligns to service and usage.
35 Thank you
36
37 Janice Palmer thanked the Board of County Commissioners for their work for Orange
38 County. She said she is interested in being educated and she asked why a change was
39 needed. She asked if there had been a study of the pros and cons and the effect of these
40 changes.
41 Rob Taylor said he is speaking from three perspectives. He said as a citizen he
42 appreciates the curbside recycling and he is afraid that he may have to pay more under a
43 franchise and that there seems to be a lack of transparency with this option and process. As a
44 past County employee, he knows this service is co-integrated with many other services that are
45 provided and he said he is worried that if they pull this apart, these others parts may cease to
46 exist. As a state employee, Orange County's recycling program is the most effective in N.C.
47 and franchise programs are less effective that he has seen across the state.
14
1 Joe Clayton said prior to coming under Orange County's control, these programs were
2 run poorly. He is now a solid waste economist and he said everyone needs to be included in
3 the program and everyone should benefit. He said the County should be completely honest and
4 open.
5 Jessica Bolllinger said she has an Efland Trash service and she started this business.
6 Her business is specifically set up to handle long, narrow driveways that trucks cannot handle.
7 She said she believes her business will suffer if Orange County franchises solid waste.
8 Jan Sassaman was speaking as a resident of Chapel Hill and not as a member of the
9 Solid Waste Advisory Board. He said he appreciated that this is a process but he feels a sense
10 of urgency with this process. He said the recycling program of Orange County is doing fine.
11 He said a subscription based program would create a disincentive to recycle. He asked staff to
12 identify the specific issues they are trying to resolve. He said this proposal is counter to the
13 long-range solid waste plan adopted by the County Commissioners.
14 Tom Linden said he has not heard any compelling reasons to go to a franchise system
15 and he is afraid they will be going with an "opt in" system which may reduce recycling in Orange
16 County.
17 Jim Ward from Chapel Hill Town Council said in his opinion this recommendation
18 represents a precipitous decision that begins to sabotage the County's program. He said the
19 information he has seen has come out of the Manager's office. He does not understand why
20 the County would want to dismantle the recycling program. He fears that the premiere recycling
21 program would cease to exist. He would like the Board to discuss the other options in a public
22 forum.
23 Commissioner Rich said she would like to digest the public's comments before the
24 Board moves forward.
25 Chair Jacobs said the next step was to schedule a public hearing on April 23 d at the
26 Southern Human Services Center and whether to pursue a franchise agreement process.
27 Commissioner Rich said she is hearing that maybe there may be more discussion that
28 needs to take place before considering a franchise.
29 Commissioner Price said the public has asked for pros and cons and how to do this and
30 that there should be a public hearing. She asked if this was possible in advance of the public
31 hearing. She said she felt uneasy with moving forward with just one option. The Board needs
32 to explore other alternatives.
33 Chair Jacobs asked Frank Clifton if it is reasonable to have a more detailed discussion
34 at one of the future meetings.
35 Frank Clifton said the process is laid out like it is because it is a laborious process that
36 must be followed.
37 Commissioner Price said with the timeline it assumes that the Board wants this option
38 alone.
39 Frank Clifton said the staff has not made any decisions yet. The Board still can decide
40 on any of the options. At any point there can be more meetings and more public input.
41 Chair Jacobs said there is time before April 23 d to have a full discussion on the pros
42 and cons and that could precede the public hearing.
43 Commissioner McKee agreed with Chair Jacobs and said that would be a path to follow
44 - to hold the April 23 d public hearing but have this item on another regular meeting or work
45 session to discuss this further.
46 Commissioner Gordon asked when the other meeting would be held. She said the
47 public hearing does set the Board on this path.
48 Frank Clifton said there is a timeframe by state statute to send out notices to existing
49 vendors and this would need to go out by March 15th. This is the deadline for everyone to be
50 notified.
15
1 Chair Jacobs said he was envisioning taking a block of time at one of the regular
2 meetings and having this as an agenda item.
3 Commissioner Pelissier said the Board is not committing to anything other than adhering
4 to a timeline.
5 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to
6 approve the scheduling of a public hearing to discuss a proposal to move toward a county-wide
7 Franchise agreement for curbside Solid Waste and Recycling Services in the unincorporated
8 areas of Orange County for April 23, 2013 with a discussion of options at the April 9th meeting,
9 with a mail-out of notices to vendors on March 15th
10 VOTE: UNANIMOUS
11
12
13 8. Reports
14 a. Update on Status/Implementation of Addressing and Road-Naming
15 Ordinance
16 The Board received an update report on the status/implementation of the Road Naming
17 and Addressing Ordinance.
18 Orange County Tax Administrator Dwane Brinson reviewed the background of the
19 ordinance.
20
21 In December 2011 the Board of County Commissioners adopted a Road Naming and
22 Addressing Ordinance. Affected areas include those outside municipal jurisdictions. In
23 November 2012 the County's Geographic Information Systems (GIS) operations were
24 delegated under the direction of the Tax Administrator. Additionally, the Land Records/GIS
25 Division Manager became the Address Administrator as outlined in the Ordinance.
26 The Ordinance took effect January 1, 2013, and the Tax Administrator, Address Administrator
27 and County Attorney's Office have been working diligently to create an implementation and
28 enforcement plan. A foremost goal of implementation is meeting with community partners and
29 educating and empowering the public with a soft implementation throughout 2013. This
30 informational presentation is provided as a means to garner BOCC feedback and suggestions
31 that may augment and improve the current implementation and enforcement plan.
32
33 Dwane Brinson said this is a public safety issue regarding EMS getting to the structures.
34 One of the main reasons for the ordinance is that address numbers on roads are out of
35 sequence. The plan is to use 2013 as a soft implementation. By January 2014 the most critical
36 issues should be worked out. There are three steps of compliance and the fourth step is a fine
37 to homeowners. This is a very large project and it is needed.
38 Commissioner Gordon made reference to page 4 and also referred to the August 29th
39 letter and information on the County website. She said she thought the process of
40 implementation was that the County was going to work through the areas of the County
41 systematically, and that the burden of initiating the address changes would not be on the
42 citizens. She asked for clarification on who would have the burden for changing the addresses
43 for those roads with the numbers that are out of sequence, etc.
44 Dwane Brinson said the August letter is now outdated and they have revised the
45 information. He said the burden is totally on the Tax Office/GIS.
46 Commissioner Gordon suggested that the staff change the part of the website dealing
47 with addressing concerns to reflect the revisions.
48 Chair Jacobs said he would like to see the letter before it goes out to the public. He said
49 citizens were not happy with the first letter that went out because it sounded very offensive.
16
1 Commissioner McKee said the previous letter that went out left a bad impression with
2 residents. He said part of the discussion has to be that 25 or so years ago, there was an effort
3 by the County to name all roads in the County and to assign numbers. For whatever reason,
4 some people did not do this and now there is a dual system that is causing fairly major
5 problems with EMS and fire services.
6 Commissioner Price said putting the burden on the County would make things a lot
7 smoother.
8 Frank Clifton said staff recognizes the confusion of the last letter. There has been some
9 internal organization since then and the next notification will be better.
10 Commissioner Gordon requested that the steps be written out and put on the website in
11 a manner that is more understandable and less threatening.
12
13 9. County Manager's Report
14 None
15
16 10. County Attorney's Report
17 None
18
19 11. Appointments
20 None
21
22 12. Board Comments
23 Commissioner Price said she went to the NACo conference and there was a
24 presentation about transparency in county government and Orange County had a B-.
25 Commissioner McKee attended the Fire Chief's meeting last night and there were 42 in
26 attendance, including representatives from Motorola/wireless. He said communication services
27 are being improved through Motorola.
28 Commissioner Pelissier said the Pauli Murray Awards were held in February and she
29 would like for the Human Relations Commission to provide text on the website from some of the
30 essays. She said she also went to the NACo conference and one of the big issues of
31 discussion was the possibility of a remote sales tax. This would be great for North Carolina.
32 Commissioner Rich said there was an informational item on Rogers Road and the next
33 steps document is being developed.
34 Commissioner Rich said she attended the Partnership for Young Children art show and
35 it was a lot of fun. She said she also attended NACo and it was very informative. She thanked
36 Commissioner Gordon for sharing her time with Congressman Price.
37 Commissioner Gordon said she attended the NACo conference. Regarding the session
38 with Congressman Price, there is a real chance that the remote sales tax bill will pass. She
39 said North Carolina loses almost $122 million in sales taxes annually at this time.
40 Chair Jacobs encouraged all to share their NACo information with other County
41 Commissioners.
42 Chair Jacobs said he was in the Link Center recently and the TV monitors with the
43 notices on them. He said it is a waste of energy to have these on in a meeting room where
44 there is no one.
45 Frank Clifton said this is a testing process for the cable station. These monitors are not
46 on all the time.
47
48 13. Information Items
49
50 February 19, 2013 BOCC Meeting Follow-up Actions List
17
1 e Tax Collector's Report— Numerical Analysis
2 e Memorandum Regarding Mattress Recycling Pilot
3 e BOCC Chair Letter Responding to Board Member Petitions during February 5, 2013
4 Regular Meeting
5 e Memorandum from Managers on Collaborative Approach to Rogers Road
6
7 14. Closed Session
8 A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to
9 go into closed session at 10:11 PM for the purpose of discussing:
10
11 Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
12 to preserve the attorney-client privilege between the attorney and the Board."
13
14 "To consult with an attorney retained by the Board in order to preserve the attorney/client
15 privilege between the attorney and the Board.
16
17 "To discuss the County's position and to instruct the County Manager and County Attorney on
18 the negotiating position regarding the terms of a contract to purchase real property," NCGS §
19 143-318.11(a)(5).
20
21 Pursuant to N.C.G.S. 143-318.11. (a) (4): To discuss matters relating to the location or
22 expansion of industries or other businesses in the area served by the public body, including
23 agreement on a tentative list of economic development incentives that may be offered by the
24 public body in negotiations. The action approving the signing of an economic development
25 contract or commitment, or the action authorizing the payment of economic development
26 expenditures, shall be taken in an open session."
27
28 VOTE: UNANIMOUS
29
30 RECONVENE INTO REGULAR SESSION
31 A motion was made by Commissioner Price, seconded by Commissioner McKee to
32 reconvene into regular session at 11:45 p.m.
33 VOTE: UNANIMOUS
34
35 15. Adjournment
36 A motion was made by Commissioner Price seconded by Commissioner McKee to
37 adjourn the meeting at 11:45pm.
38
39 VOTE: UNANIMOUS
40
41
42 Barry Jacobs, Chair
43
44 Donna S. Baker, CMC
1
1 DRAFT Attachment 3
2
3 MINUTES
4 JOINT MEETING
5 ORANGE COUNTY BOARD OF COMMISSIONERS
6 AFFORDABLE HOUSING ADVISORY BOARD
7 MARCH 12, 2013
8 5:30 p.m.
9
10 The Orange County Board of Commissioners met for a joint meeting with the Orange
11 County Affordable Housing Advisory Board (AHAB) on Tuesday, March 12, 2013 at 5:30 p.m. at
12 the Southern Human Services Center in Chapel Hill, N.C.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissioners Mark
15 Dorosin, Alice Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
16 COUNTY COMMISSIONERS ABSENT:
17 COUNTY ATTORNEYS PRESENT:
18 COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S.
19 Baker (All other staff members will be identified appropriately below).
20 AHAB MEMBERS PRESENT: Jonzella Bailey-Pridham, Patsy Barbee, Diane Beecham,
21 Katherine Doom, Nannie Richmond, Arthur Sprinczeles, James Stroud, Andrew Shannon
22 AHAB ABSENT:
23 HOUSING, HUMAN RIGHTS AND COMMUNITY DEVELOPMENT STAFF PRESENT:
24 Dr. Tara Fikes, Director
25
26
27 I. Introductions and Opening Comments
28
29 Chair Jacobs welcomed everyone and introductions were made.
30 AHAB Chair Patsy Barbee reviewed the following goals:
31
32 Comprehensive Plan Housing Goals
33 Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or
34 purchase safe, decent, accessible, and affordable housing.
35 Housing Goal 1: A wide range of types and densities of quality housing affordable to all
36 in all parts of the County.
37 Housing Goal 2: Housing that is useable by as many people as possible regardless of
38 age, ability or circumstance.
39 Housing Goal 3: The preservation, repair, and replacement of existing housing supply.
40 Housing Goal 4: Development ordinances and incentives that promote inclusionary
41 practices and housing options for all income levels.
42
43 Patsy Barbee said that the 2012/2013 work plan includes implementation of a media
44 campaign that will stimulate conversation regarding the need for affordable housing in the
45 community. This campaign will target the county and the towns of Chapel Hill, Hillsborough and
46 Carrboro. She said that efforts will include brochures and the use of social media. Other work
47 plan items include encouragement of expenditure of unspent funds from previous bond
48 referendums and continued recruitment of advisory board members.
49 She also reviewed concerns and issues for the coming year. These issues include:
50 exploration of a future bond referendum for affordable housing, the northern Orange County
51 options, and mobile home standards.
2
1
2 II. Community Home Trust
3
4 - Housing Bond Program- Greenbridge
5
6 Tara Fikes, Housing/CD Director, said there is a letter in the Commissioners' packet,
7 dated Dec. 18th from Robert Dowling of the Community Home Trust (CHT). She noted that this
8 is one of two letters asking that a portion of the county bond funds be set aside for anticipated
9 repairs at the Greenbridge Condominiums in Chapel Hill. She said that this property was one of
10 the inclusionary developments and has 15 condos that were sold to low income households. It
11 was later discovered that the HVAC systems installed there are problematic, no longer under
12 warranty, and very costly to replace. She said that the thought is that if some repairs can be
13 done, the units may last longer. She referred to a letter from Attorney David Brooks, explaining
14 what happens in the event of foreclosure and its impact on the warranties. She said that it has
15 been requested that $75,000 be set aside for these anticipated repairs
16 Commissioner Rich asked if these units will be replaced with longer lasting units that are
17 not as costly to repair.
18
19 Commissioner Gordon arrived at 6:08 PM .
20
21 CHT Executive Director Robert Dowling said that the problem is that the units are no
22 longer being made and when some units at Greenbridge broke down, someone cannibalized
23 the parts from the unsold units to fix them. This meant that when those units were sold, the
24 cannibalized units had to be replaced with a compatible system. He said that compatible
25 replacements will be more reliable, but not as efficient.
26 Chair Jacobs asked how much is being spent per existing units to fix the systems and
27 how many units $75,000 will cover.
28 Robert Dowling said 15 units will be fixed. He said new systems costs around
29 $11,000/unit now but will likely cost more in the future when replacement is needed. He said
30 the $75,000 is being requested with the thought that it will provide a $5,000 down payment
31 toward the future cost of a new unit for each of those 15 units.
32 Chair Jacobs asked if this will proactively replace all 15 or just the ones not functioning.
33
34 Robert said none will be replaced until necessary.
35
36 Tara Fikes said the $75,000 will be used for repairs to extend the life of the units.
37
38 Arthur Sprinczeles questioned how repairs can be made if parts are not available.
39
40 Robert Dowling said it is complicated. He explained that the sensors can be replaced
41 and this had been done in several instances over the winter. He said that the vision was that
42 the $5000/unit x 15 units will be put into a stewardship fund, and when a unit breaks, the $5000
43 can be put toward a new unit.
44 Commissioner McKee asked if there is any way to disassociate the individual units from
45 the linked system as they break, replacing them with new individual units.
46
47 Robert Dowling said this can be looked into.
48
49 Frank Clifton said the units were not selected by the county. The developer put "green"
50 units into the project and the county and town had no role in selection of this. He said this
51 situation should be considered in future discussions about housing inventory.
52
3
1 Commissioner McKee clarified that he is not criticizing any county actions.
2
3 Commissioner Dorosin said the Board needs to re-visit the policy of this model with high
4 end condo units and the sustainability issues that come with requiring unit set-asides. He said
5 that integrated housing is desired, but issues like this and problems with homeowner
6 association dues can outweigh the different price point units. He said there should be more
7 control over how the units are designed and function in the future. He said the Board needs to
8 really look at how it is using financial and political resources.
9 Commissioner Rich said this discussion always occurs when development projects
10 come forward. She said that the affordable housing program always wants units, but a plan
11 needs to be made that considers a balance of the issues.
12 Commissioner Dorosin said the lesson learned with Abby Court is that the homeowners
13 associations are controlled by the majority of the unit holders; and the majority is not the
14 affordable housing residents. This means that those low income residents are at the mercy of
15 the association.
16 Chair Jacobs said Orange County government does not require any condo units; that is
17 done by the towns. He said Robert Dowling did ask the towns to re-visit this issue. He said
18 unless they engage the municipalities in this discussion, affordable housing in the southern part
19 of the county is not under the Board's purview. He said perhaps promotion of high density
20 housing is desired so that affordable units are possible; however this means the Board needs to
21 have its own policy. He said that, with this building, he would like to see if there are any other
22 systems like this that will become an issue a year from now.
23 Commissioner Rich said the Bosch washers and dryers are the same situation.
24 Chair Jacobs asked if anyone has done a comparative analysis of the pitfalls of these
25 units,
26 Robert Dowling said an analysis has not been done. He said there has been a transfer
27 fee tax implemented that will support affordable units, and as units sell, these fees will help. He
28 said that there will be special assessments and there is money for some of these unknowns, but
29 there is not enough money to pay for the HVAC units.
30 Commissioner Price clarified that if the Board goes along with this request, the money
31 will pay for new units, not repairs.
32 Robert Dowling said CHT could handle the small repairs.
33 Katherine Doom said AHAB did ask extensive questions during their tour of
34 Greenbridge. She said that there are no good answers here. She said AHAB spoke with
35 owners of units and saw both a low end and a high end unit. She acknowledged that there is
36 not a good way to resolve this issue.
37 Tara Fikes said the recommendation of AHAB is for these funds to be set aside for the
38 requested services. She has talked with the Orange County Finance Director, who said it is
39 okay to move forward. She said the recommendation is for approval of the requested funds.
40 Katherine Doom said there was no way to avoid hurting the homeowners if the funds are
41 not approved.
42 Commissioner McKee said Robert Dowling mentioned another style that could possibly
43 be put in the units. He requested that Robert Dowling let the Board know the answer as to
44 whether this could be done.
45
46 - HOME Program — Live/Work and First-time Homebuyer Requirements
47
48 Tara Fikes said the second letter in front of the Commissioners came from CHT and
49 highlights the difficulties CHT is having in selling homes. She said the request is for the HOME
50 review committee to be relieved of the Live/Work clause (having to work and live in Orange
51 County). She said the request is that if a buyer cannot be found in Orange County within 90
52 days, CHT would like to look outside of Orange County to broaden the pool of purchases. She
4
1 said there is also a request to waive the first time home buyer requirement after 90 days. She
2 said the Home Review Committee has discussed this and Commissioner McKee represents the
3 Orange County Board of County Commissioners on this committee; however she wanted to
4 share it with the whole board. She noted that CHT is having significant difficulty in selling
5 properties.
6 Commissioner Dorosin asked if the HOME committee has a position on this issue.
7 Tara Fikes said the committee was willing to waive these requirements and review in a
8 year to see if it made a difference in sales.
9 Commissioner Dorosin asked if AHAB looked at this issue and does it have a
10 recommendation.
11 Tara Fikes said no, the AHAB has not looked at it.
12 Commissioner Rich asked if this had gone to Chapel Hill Town Council yet.
13 Robert Dowling said it has gone to Chapel Hill, but they have not responded yet.
14
15 Commissioner McKee said there was reluctance to do this because of the precedence it
16 would create; however there was recognition of the decline in the housing market. He said the
17 general sentiment was to move forward with implementing the 90 day waiver and look at it again
18 in a year. He said these units need to be occupied and it would be great to have residents from
19 Orange County, but this other route is best in the meantime.
20 Commissioner Pelissier asked if there has been any effort to approach another local
21 bank to see if there could be some help with the borrowing issues.
22 Robert Dowling said yes. He said when he went to the Chapel Hill Council and made
23 this request, he was told that he faced so many obstacles that he had no control over. He said
24 a council member encouraged him to come forward with bigger plans and be very real with the
25 Town Council. He has done this, but has not received a response yet. He said he has talked to
26 many banks, but they don't seem to like the CHT model, because their collateral is the lease
27 hold interest in the property and there is no knowledge of this worth. He said the banks want
28 the property itself in the event of foreclosure, rather than the lease hold interest, in order to lend
29 money. He said this is what CHT has to discuss as a committee because this would mean the
30 properties would be lost in the event of foreclosure; however, this may be the way things have
31 to be done in order to move forward.
32 Commissioner Pelissier said she is fine with waiving the requirements, but she feels
33 priority should be given to Orange County residents who might have just moved here.
34 Commissioner Price asked if CHT has had people from outside of Orange County
35 requesting housing. She also asked about prioritizing people who are born and raised in this
36 county and want to come back.
37 Robert Dowling said it will not make a big difference if they waive these requirements.
38 He said they occasionally do come across someone who could purchase the home but is
39 unable to because of the requirements. He said this will help with those occasional situations
40 and clarified that there won't be any recruiting in other counties
41 Commissioner Gordon said that she hears the information with concern. She said,
42 having been around when this program was instituted, she knows that these rules were put in
43 place for a reason. She said the goal was to help individuals in Orange County, who might not
44 otherwise be able to live here. She said that if these rules are eroded, it raises the question of
45 whether the goals of the program are being met. She said that this should be for people with
46 some commitment to Orange County.
47 Commissioner Dorosin said he feels these requirements should be jettisoned. He said
48 that the program still targets low income residents and once the person has bought the property,
49 they become an Orange County resident. He noted that these residents will then shop here and
50 pay taxes here, and that these residents tend to stay. He asked if CHT has considered
51 converting these properties to rentals.
5
1 Robert Dowling said this had been considered but there are complications, including;
2 subsidy money in the property, restrictive special use permits, and workload of rental
3 management.
4 Chair Jacobs said he appreciated Commissioner Gordon's comments but he agrees with
5 Commissioner Dorosin. He said that he defers to Robert Dowling's expertise and he feels there
6 needs to be more flexibility. He suggested that a date six months from now be chosen and a
7 report be given at that point to see how things are going.
8 Chair Jacobs suggested that, at some point, Robert Dowling share with the full board the
9 points he made at a past Assembly of Governments meeting. He said this would give a more
10 comprehensive look at the issues that CHT and affordable housing in general, are facing.
11 Frank Clifton noted that Robert Dowling had already said the current model was created
12 15 years ago and it is not currently working. He said that he understands that CHT does not
13 want to do rentals, but when the units sit empty for 6 months, it becomes a philosophical issue,
14 and perhaps there ought to be rentals in order to generate income. He said there ought to be a
15 more in-depth discussion about these things to decide on the key priorities. He said there are
16 going to be fewer and fewer federal dollars over time and so there needs to be an analysis of
17 how to get the best bang for the dollars that are there.
18 Commissioner Gordon said it is a good idea to go back and look at the model again.
19 She said that goals and priorities need to be examined again and the incremental changes
20 being discussed at this meeting don't get at the basic issues.
21
22 Affordable Housing Awareness Campaign
23
24 AHAB Member Katherine Doom said that a UNC marketing class took up this cause as a
25 case study in class and surveyed the community about affordable housing. This survey
26 revealed a general lack of awareness of the issue. She said that the class put together an
27 awareness campaign, which initiated AHAB to begin a media campaign through Facebook to
28 raise awareness about the issue and the opportunities in the county. AHAB manages the page
29 and plans on posting meeting information, and special events and opportunities. There is also a
30 brochure planned on affordable housing.
31
32 IV. Proposed Affordable Housing Clearinghouse
33
34 AHAB Member James Stroud distributed a hand out on the Clearinghouse. He said the
35 goal is to impose this clearinghouse to have a catch all, one stop shop for all things regarding
36 affordable housing. He referenced a copy of the business statement and said the current goal
37 is to develop a committee to come in and assist in the design of a clearinghouse. He noted that
38 the Center for Home Ownership has received national accreditation from the National
39 Community Re-investment Coalition, so the capacity is there for this project to be pulled
40 together.
41
42 V. Other Discussion Items
43
44 VI. Closing Statements
45 Chair Jacobs suggested a work session with affordable housing in October with a longer
46 time for discussion.
47
48 VII. Adjourn
49 The meeting adjourned at 6:59 PM .
50
51
1
I DRAFT Attachment 4
2 MINUTES
3 BOARD OF COMMISSIONERS
4 REGULAR MEETING
5 March 19, 2013
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in regular session on Tuesday, March
9 19, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
12 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
13 COUNTY COMMISSIONERS ABSENT:
14 COUNTY ATTORNEYS PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
16 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
17 will be identified appropriately below)
18
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Additions or Changes to the Agenda
23 The Chair went through the items at the County Commissioners' places:
24
25 - Community Giving Foundation outreach materials for Item 4-c-
26 - Enlarged excel spread sheets for Item 5-d — Page 63-64 —Schools Adequate Public
27 Facilities Ordinance (SAPFO) — Receipt and Transmittal of 2013 Annual Technical
28 Advisory Committee Report
29 - PowerPoint for Item 7-b —Southern Branch Library Siting Criteria — Process Update
30 - Blue Sheet — for Item 11-h- Planning Board appointments — Revised abstract fact
31 sheet
32
33 Chair Jacobs said that the Board had shown interest in vetting applicants, and those
34 with fiduciary responsibilities, for certain boards, including: Planning Board, Board of
35 Adjustment, ABC, OWASA, and the E&R Board. He noted that there is a work session
36 scheduled for May 14th regarding appointment and vetting protocols. He said a letter was
37 received from Attorney, John Roberts concerning the Board's thoughts on the application
38 process and no one responded. He suggested that the Board defer making appointments to
39 the Planning Board and the Board of Adjustment until after the May 14th discussion; and people
40 currently serving can continue until replacements are made.
41 Commissioner Gordon expressed her support of the idea that these two boards are
42 deferred
43 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
44 defer appointments to the Planning Board and the Board of Adjustment.
45
46 VOTE: UNANIMOUS
47
48 PUBLIC CHARGE
49
50 The Chair dispensed with the reading of the public charge.
2
1 2. Public Comments
2
3 a. Matters not on the Printed Agenda
4 Don O'Leary said he had received the Agenda Review's response to his
5 petition to discuss ICLEI with Commissioner McKee and Chair Jacobs. He said
6 sometimes a difference of opinion is based on a different perception of reality. He
7 said that, taking everything into the universe into consideration all that really
8 matters is about 3 centimeters in the back of your brain and he is looking forward
9 to the scheduled meeting.
10
11 3. Petitions by Board Members
12 Commissioner Dorosin said about a year ago the Board of County Commissioners
13 agreed to banning of the box on employment applications, regarding criminal convictions that
14 would prohibit someone from being considered for employment. He said that other
15 communities who have done this have a more comprehensive policy and process related to
16 applications. He requested more information about the impact of this change and information
17 as to whether there should be a more extensive process and policy. This is to ensure there is
18 no discrimination against folks because of their background.
19 Chair Jacobs said he received calls from legislators, Senator Ellie Kinnaird and
20 Representative Foushee, about legislative deadlines. He petitioned the Board to develop a
21 more expeditious way to respond to legislative concerns. He noted that by the time the Board
22 gets an item on an agenda, it is already been decided at the state level and it is then too late to
23 act. He said the Board needs a more streamlined process. He said that perhaps the Chair
24 and Vice Chair and other members of the legislative goals committee could respond or could
25 add the item to the agenda for the entire board to act on.
26 Chair Jacobs referenced a discussion with Commissioner Dorosin regarding the
27 consent agenda and the way the Board communicates. He noted that the Board of County
28 Commissioners is encouraged to ask questions regarding items on the consent agenda by
29 emails through noon of the day before the meeting. He said the Board members receive
30 answers, but these are not shared with the public. He suggested that staff figure a way to post
31 these consent item emails in a more conspicuous spot on the website. This will allow the public
32 to see the answers to items that are not discussed on the consent agenda.
33
34 4. Proclamations/ Resolutions/ Special Presentations
35
36 a. Special Recognition for the Carol Woods Retirement Community
37 The Board recognized the Carol Woods Retirement Community for its continuing
38 financial contribution to Orange County.
39 Clarence Grier said he would like to recognize the Carol Woods Retirement Community
40 for their continued financial contributions to Orange County. He said that since 2003 Carol
41 Woods has been exempted from property taxes, but the community has still found civic ways to
42 contribute the County General Fund. He said that since 2003 the community has provided
43 yearly contributions of around $175,000, totaling $2,066,244.
44 Janice Tyler said Carol Woods has made the contributions mentioned above because of
45 community's mission to be responsible and supportive to the larger community. She said her
46 department is especially pleased to have Carol Woods as a community partner and values the
47 many hours the residents contribute to volunteer work. She introduced Nape Baker, President
48 of Carol Woods Retirement Community.
49 Nape Baker, on behalf of the Carol Woods Community, said he is grateful to be a part of
50 Orange County and to support the programs for aging in the area. He said the most recent
3
1 report showed that the 450 residents of Carol Woods have contributed more than 35,000
2 volunteer hours to their community.
3
4
5 b. Resolution Recognizing the Orange County Emergency Services Workgroup
6 The Board considered approval of a Resolution recognizing the Emergency Services
7 Workgroup, comprised of a very dynamic and diverse group of residents, elected officials, and
8 emergency responders, for providing a valuable service to Orange County.
9 Commissioner McKee introduced this item. He said this group started meeting over a
10 year ago and, along with Steve Allan, came up with a list of improvements and changes for
11 Emergency Services. He said there was a broad range of individuals who worked on this group;
12 representatives from the Board of County Commissioners, fire departments, Emergency
13 Services, citizens, etc. The recommendations that came out of this group will improve and
14 speed up the services and will make it easier for the departments, staff and County
15 management to work together for the benefit of the citizens.
16
17 Commissioner Gordon read the resolution:
18
19 ORANGE COUNTY BOARD OF COMMISSIONERS
20
21 RESOLUTION OF RECOGNITION AND APPRECIATION FOR THE ORANGE COUNTY
22 EMERGENCY SERVICES WORK GROUP
23
24 WHEREAS, on January 24, 2012, the Orange County Board of Commissioners created the
25 Emergency Services Workgroup with a charge to: review VIPER system improvements and
26 provide input; review the preliminary findings of Solutions for Local Government, Inc. and
27 provide input; provide the Board with alternative short-term and long-term solutions relating to
28 Fire Protections Districts, Fire Insurance Districts and Fire Tax Districts; and review the Fire
29 Departments Strategic Plan once complete and provide input; and
30
31 WHEREAS, the Workgroup was charged with making recommendations for system
32 improvements for EMS Ambulance response times including but not limited to equipment,
33 staffing, facilities and/or a strategic plan, to define data elements for meaningful analytical data
34 as related to ambulance response time and to discuss and review that data and to recommend
35 improvements for the E911 Communications Center including but not limited to technology,
36 equipment, staffing, training and/or a strategic plan; and
37
38 WHEREAS, the Emergency Services Workgroup, comprised of a diverse membership
39 representing residents and the many facets of emergency services in Orange County, gave of
40 their time and expertise for over 12 months, to this Workgroup and the members of this
41 Workgroup represented significant experience and expertise in emergency response services:
42 • Volunteer Fire Chiefs — Orange County Fire Chief's Association —Fire Chief Mike
43 Tapp and Fire Chief Bryan Baker
44 • South Orange Rescue Squad — Chief Matthew Mauzy
45 • Municipal Fire Chief—Town of Chapel Hill Fire Chief Dan Jones
46 Alternate — Police Chief Chris Blue
47 • Municipal Police Chief — Town of Carrboro Police Chief or Designee — Captain
48 Walter Horton
49 • Municipal Police Chief— Town of Hillsborough Police Chief or Designee — Police
50 Chief Duane Hampton
4
1 • Orange County Sheriff— Sheriff or Designee— Sheriff Lindy Pendergrass
2 Alternate —Captain James Nida
3 • Former Emergency Services Director Frank Montes de Oca
4 • Board of County Commissioners — Commissioner Earl McKee
5 Alternate — Former Commissioner Valerie
6 Foushee
7 • County Medical Director— Dr. Jane Brice
8 • Orange County Resident At-Large — Jane Cousins
9
10 WHEREAS, the Emergency Services Workgroup has completed its charge and submitted
11 recommendations to the Board;
12
13 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
14 hereby commends and thanks the Emergency Services Workgroup on its efforts to find
15 consensus and balance on numerous competing and controversial issues facing emergency
16 services in Orange County and hereby recognizes these members for their community spirit,
17 expertise and dedication to improving the quality of emergency services for all residents of
18 Orange County.
19
20 This, the 19th day of March 2013.
21
22 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
23 approve Resolution recognizing the Emergency Services Workgroup, comprised of a very
24 dynamic and diverse group of residents, elected officials, and emergency responders, for
25 providing a valuable service to Orange County.
26
27 VOTE: UNANIMOUS
28
29 c. Kick-off of Community Giving Fund for Orange County
30 The Board previewed and considered the kickoff of Orange County's Community Giving
31 Fund and Orange County's new partnership with Triangle Community Foundation (TCF).
32 Bob Marotto, Animal Services Director, and part of management team for CGF for
33 Orange County, introduced himself. He said the Board of County Commissioners approved the
34 creation of this fund in November to raise and receive donations to enhance services and
35 county supported activities. He said this would be a preview of the public relations material that
36 will be used to promote the giving fund. He said an agreement had been entered into with the
37 Triangle Community Foundation to open an agency fund and a management team had been
38 created to manage the fund. He said that meetings had been held with TCF to work through
39 matters such as financial flow and gift acknowledgement. He said that this is all possible
40 because of the TCF and he introduced Lori O'Keefe.
41 Lori O'Keefe spoke on behalf of the Board of Directors at TCF, and expressed
42 excitement about this new partnership with Orange County. She noted that this is a first for
43 TCF, who tends to work more with non-profits, businesses and families by assisting them in
44 giving to important causes. She said this fund is a great way to engage other local funders and
45 government agencies as community partners to work in collaboration to support causes
46 important to the community.
47 She gave some background on the organization and said TCF was founded 30 years
48 ago and serves 4 counties —Orange, Durham, Chatham and Wake. She said TCF funds non-
49 profits, partners and educates donors, and provides civic leadership around key issues and
50 opportunities in the community. TCF manages approximately 150 million dollars and over 800
5
1 charitable funds established by residents and organizations across the triangle. She noted that
2 TCF invested more than 1.5 million dollars in Orange County last year. She listed several
3 organization across Orange County whose assets and investments are managed by TCF.
4 Through its partnership with Orange County Community fund, TCF will be able to help people
5 give directly to enhance services in Orange County. She noted that there is a list of over 40
6 different options for contribution designations (attachment 3, page 5 of item 4-c).
7 Carla Banks, County Director of Public Affairs, reviewed the outreach materials for the
8 community giving fund. She said the materials in front of the Board will be the main focus for
9 the marketing outreach. She noted the list of giving options mentioned above, as well as
10 frequently asked questions, and an identifying card for donations. She noted the banners and
11 other materials to be used in promotion as well as the website (OCNCGiving.org) and email.
12 She said there will be radio and newspaper advertisements to run in the summer, promoting the
13 fund.
14 Chair Jacobs said he realizes that the public contributes involuntarily to Orange County
15 Government, but noted that this is an opportunity to target voluntary contributions. He thanked
16 the management team for their hard work.
17
18 5. Consent Agenda
19 A motion was made by Commissioner McKee, seconded by Commissioner Gordon to
20 approve the consent agenda.
21 VOTE: UNANIMOUS
22
23 a. Minutes
24 The Board approved the minutes from December 11, 2012, January 24, 29 and February 12,
25 2013 as submitted by the Clerk to the Board.
26 b. Motor Vehicle Property Tax Releases/Refunds
27 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
28 property tax values for twenty-five (25) taxpayers with a total of fifty (50) bills that will result in a
29 reduction of revenue in accordance with NCGS.
30 c. Property Tax Releases/Refunds
31 The Board adopted a resolution, which is incorporated by reference, to release property tax
32 values for eight (8) taxpayers with a total of eleven (11) bills that will result in a reduction of
33 revenue in accordance with North Carolina General Statute 105-381.
34 d. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of
35 2013 Annual Technical Advisory Committee Report
36 The Board received the 2013 Annual Report of the SAPFO Technical Advisory Committee
37 (SAPFOTAC) and transmitted it to the SAPFO partners for comments before certification in
38 May.
39
40 e. Fiscal Year 2012-13 Budget Amendment#8
41 The Board approved budget and grant project ordinance amendments for fiscal year 2012-13
42 for: Visitors Bureau, Department on Aging, and Board of Elections.
43 f. Public Safety Radio Replacement/Purchase and Approval of Budget Amendment#8-
44 A
45 The Board approved the replacement of twenty-seven (27) current Motorola portable radios with
46 the purchase of new APX model Motorola Radios, and approve Budget Amendment# 8-A,
47 which appropriates $89,077 from the County's Unassigned General Fund balance for the
48 purchase.
49 g_ Public Safety Console Replacement and Approval of Budget Amendment #8-113
6
1 The Board approved an agreement for the purchase of seven (7) Motorola Radio consoles in
2 the 9-1-1 Center to replace seven (7) existing consoles that will soon be obsolete, and
3 purchase four (4) additional consoles to prepare for growth, with the new consoles all being
4 APCO P25 digital compliant for a total project cost of$770,088 and authorize the Chair to sign.
5 h. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro
6 City Schools (CHCCS) and Contingent Approval of Budget Amendment #8-C Related
7 to CHCCS Capital Project Ordinances
8 The Board approved an application to the North Carolina Department of Public Instruction
9 (NCDPI) to release funds from the NC Education Lottery account related to FY 2012-13 debt
10 service payments for Chapel Hill — Carrboro City Schools, and approved Budget Amendment
11 #8-C (amended School Capital Project Ordinances), contingent on the State's approval of the
12 application, and authorized the Chair to sign.
13 L Approval to Extend the Central Orange Fire Insurance District Boundary
14 The Board approved the Central Orange Insurance District Map which has been expanded to
15 include properties from the Cedar Grove Fire District that are not currently in an insurance
16 district.
17 L White Cross Fire Department Proposal to Construct Station #2, Purchase Tanker,
18 and Increase Station Staffing
19 The Board approved the proposal from White Cross Fire Department to construct a second
20 station to be located at 2521 Neville Road, purchase a tanker, and increase staffing.
21 k. Changes in BOCC Regular Meeting Schedule for 2013
22 The Board considered three changes in the County Commissioners' regular meeting calendar
23 for 2013 as follows:
24 - Add a BOCC meeting on Thursday, April 4, 2013 to jointly meet with the Town of
25 Hillsborough, Town residents, Cultural Community representatives, and Orange
26 County School member regarding the potential uses for the Whitted space. This
27 meeting will be held at the Whitted facility. (The Asset Management Services
28 Department will be responsible for meeting set up, A/V, sound system, etc.)
29 - Add a BOCC meeting (public hearing) for the Fire Service Districts on Wednesday,
30 April 17, 2013 at 7:00 pm at Carrboro High School.
31
32 6. Public Hearings-NONE
33
34 7. Regular Agenda
35
36 a. Approval of Use Agreement between Orange County and the Orange Rural Fire
37 Department
38 The Board considered approving the recommendation from the Emergency Services
39 Director to enter into an agreement with the Orange Rural Fire Department in order to place
40 one (1) emergency medical services (EMS) ambulance at the Orange Rural Fire Department
41 (ORFD) station at 835 Phelps Road and authorize the Manager to sign.
42 Jim Groves, Emergency Services Director for Orange County, recognized Jeff Cabe,
43 Chief of Orange Rural Fire Department and Jeff Borland, Chief of Cedar Grove Fire
44 Department. He said the Allen Study on Emergency Services was very beneficial to Orange
45 County in recommending work on improved response times in Orange County. He said Jeff
46 Cabe has worked with Emergency Services to house Emergency Services ambulances, to store
47 their drugs in a secure location and a to provide a place for their staff to rest when there is
48 downtime. He said all of Emergency Services ambulances are located outside at this time and
49 station 2 will provide a great place to house an ambulance in the northern part of Orange
50 County. He discussed current response times, referring to a map of the district zones. He
7
1 noted that having this station to co-locate their ambulance will help decrease response times in
2 these northern areas. He said the only cost will be the difference in utility costs incurred with
3 usage. He noted the key points of agreement as follows: it provides a bay area for ambulances,
4 provides a work area for medics, and is a rent free facility - Emergency Services will only pay
5 the difference in utilities.
6 Commissioner Dorosin asked where the ambulance to be sited at this area is currently
7 being kept and Jim Groves said it is a roving ambulance.
8 Commissioner McKee said this is excellent opportunity and a new concept and he
9 hoped to use this agreement as a template to approach other departments with staging
10 opportunities.
11 Commissioner Price applauded all of these efforts and asked if there could be the
12 addition of the word ethnicity to the agreement.
13 A motion was made by Commissioner Price seconded by Commissioner McKee to
14 approve the recommendation from the Emergency Services Director to enter into an
15 agreement, with a change to item 17 to add the word ethnicity, with the Orange Rural Fire
16 Department in order to place one (1) emergency medical services (EMS) ambulance at the
17 Orange Rural Fire Department (ORFD) station at 835 Phelps Road and authorize the Manager
18 to sign the Use Agreement.
19 VOTE: UNANIMOUS
20
21 Commissioner McKee said the consent agenda mentioned the departments working
22 collaboratively on the insurance district boundaries to bring people within the 6 mile limit. He
23 expressed his appreciation of these efforts.
24
25 b. Southern Branch Library Siting Criteria — Process Update
26 The Board received an update on the Southern Branch Library site selection analysis,
27 provided feedback to staff on next steps, and authorized staff to present this information and
28 relevant BOCC comments to the Carrboro Board of Aldermen at its April 9, 2013 work session.
29 Chair Jacobs asked staff to address the letter from Carrboro on page 10 during their
30 presentations
31 Lucinda Munger, Orange County Library Director, introduced the presentation and
32 reviewed the PowerPoint Slides as follows:
33
34 Southern Library Site Evaluation Update
35 3/19/13
36 • Area Locator: (map)
37
38 • Intended Outcome:
39 - Background
40 - Summary of Carrboro Suggested Site Evaluation
41 ■ 301 West Main Street (Town Hall)
42 ■ 401 Fidelity Street
43 ■ 1128 Hillsborough Street
44 - BOCC Feedback and Guidance
45 - BOCC authorization to present to the Carrboro Board of Aldermen
46
47 Jeff Thompson, Asset Management Services Director continued the presentation of
48 slides as follows
49
50 Background:
8
1 - Southern Library Intent
2 ■ Full service library
3 ■ Potential 20,000 square foot, single level facility
4 ■ Serving residents in southern Orange County
5 ■ 2016-17 CIP
6 - BOCC Establishment of Site Selection Criteria with Carrboro Input— 9118112
7 - Carrboro Aldermen site suggestions— three sites— 1216112
8
9 Preliminary Evaluation Summary:
10 - Initial Staff Review.
11 ■ Literature Review
12 ■ Site Visits
13 ■ No Technical Analysis
14 ■ (Survey, Soils, Environmental, Appraisal, Title, etc.)
15 - Town Hall not viable
16 ■ Expense
17 ■ Parking Displacement/Limits
18 ■ Displacement of existing services (Market Shelters, Government
19 Services, etc.)
20 ■ Unknown and/or Limited Expansion Potential
21 • Town Hall: (map)
22
23 • Staff Opinion for Continued Technical Site Review &Assessment:
24 - 401 Fidelity& 1128 Hillsborough Sites are both viable and warrant technical
25 analysis
26 ■ Good access to public transportation
27 ■ Utility Availability
28 ■ Adequate land area
29 ■ Similar zoning review process
30 ■ Proximity to existing population
31 ■ Reasonable acquisition cost
32
33 Staff Opinion for Continued Technical Site Review &Assessment:
34 - Staff prefers 1128 Hillsborough:
35 ■ Reasonable existing site conditions
36 ■ Enhanced opportunities for synergy between a park and library facility
37 (i.e. — shared programs & infrastructure)
38 ■ Service to existing and future regional populations
39 ■ Sufficient area for expansion for future
40 Orange County need
41 • 401 Fidelity: (map)
42
43 • 401 Fidelity: Conceptual Location (map)
44
45 • 1128 Hillsborough: (map)
46
47 • 1128 Hillsborough: Conceptual Location (map)
48
9
1 Jeff Thompson, referring to the map for 401 Fidelity, said one of the concerns with this
2 property is the work needed to build so close to the adjoining cemetery. He referenced large
3 rock outcroppings that necessitate more work to prepare the site and he reviewed the
4 conceptual map. With regard to 1128 Hillsborough, he noted that the area outlined in red on
5 the map (the Shetley property) is property currently for sale and the area outlined in blue is the
6 Martin Luther King Junior Park site. Combining the two properties together offers the most
7 promise in siting. The Shetley property has limitations such as limited road access but when
8 combined with the park property there is road frontage and visibility if the library could be
9 placed on the park property. He said that this will require partnership with Carrboro and will
10 give plenty of area for synergy between the park and library. He said that there may be some
11 difficulties with wet areas.
12 Chair Jacobs said he talked with Mayor Chilton today. He referred to the letter on page
13 10 of the abstract for item 7-b and read the following paragraph:
14 "the Carrboro Board would also like to continue discussions with the Orange County Board of
15 Commissioners, regarding the County's siting criteria. The purpose of this discussion would be
16 to reevaluate the criteria in order for consideration of additional sites in planned and approved
17 mixed-use projects in downtown Carrboro..."
18 Chair Jacobs said Mayor Chilton made some suggestions about some sites and made it clear
19 he had some sense of what his board was interested in. Chair Jacobs said Mayor Chilton
20 expressed desire for continued conversation regarding other potential sites. He suggested
21 some receptivity on the idea of partnering with Carrboro on looking at other projects in the
22 works.
23 Commissioner Rich said she had spoken to some Aldermen, who expressed the same
24 sentiment as the Mayor. She also asked why there is an effort to build a 20,000 sq ft single
25 level facility in the Town of Carrboro.
26 Frank Clifton said it is not a library for Carrboro but will provide library services
27 throughout that portion of Orange County. He said the problem with Orange County property is
28 that there are no adequate utilities, so the current plans look at the town's area with utilities.
29 He said the county currently operates a part time library at McDougle Elementary that is closed
30 during the day and open on evenings and weekends. He said this limits the activities of the
31 library. He said that there have been many locations looked at, including along Highway 54 and
32 other areas. He said that the 20,000 square foot plan comes from past studies and allows for
33 all basic library services as well as meeting space and area for children's activities.
34 Commissioner Rich noted that, according to Frank Clifton, the library studies were done
35 years ago. She said it is her opinion that the Board needs to think into the future and not build
36 yesterday's library. She noted that there is a there is a new expanded library opening in Chapel
37 Hill next month. She expressed concern about the plan and said that as Carrboro brings forth
38 options for siting the library, the Board needs to consider not building yesterday's library.
39 Chair Jacobs said he was on all three library task forces, and Orange County created
40 the Cybrary and Carrboro provided the space for this cybrary in the Century Center free of
41 charge. He noted that this was a nationally award winning collaboration and one of the first
42 places where people could come exclusively to use computers and magazines to access the
43 library services. He said that the library services task force report that is referred to
44 recommends a 43,000 square foot central library and a smaller 20,000 square foot branch
45 library. He noted that the County has a 23,000 square foot central library, so a concomitantly
46 sized branch library might be considerably smaller than 20,000 square feet. He said this board
47 has never decided what size of branch library they would like to build and this is a concept
48 based on a report relating to a standard in place ten years ago. He said the Board may want to
49 wait on the results of the library strategic plan before deciding on size.
10
1 Commissioner Price asked if the Cybrary would be part of the new library or would
2 remain as is. She also questioned whether mixed use or multi-purpose library space had been
3 discussed, since she this had been discussed among people in the community.
4 Frank Clifton said this issue has been pursued many times over the years. He said that
5 there is an element that would like to see an urbanized library and coffee shop. He said that
6 the difference is that Chapel Hill is a municipal library, built primarily for the citizens of Chapel
7 Hill. He said that the County has a broader range of residents to reach and not everyone has
8 bus service so most who would use the County facilities would have to travel there by
9 automobile. He said that, with regard to one level, a multi-level requires more staffing. He said
10 the County needs to build a facility that it can afford to operate.
11 Commissioner Dorosin referenced the Hillsborough Road site and asked if the three
12 acre parcel would be purchased just for a driveway or if there could be additional uses for this
13 property.
14 Jeff Thompson said there could be other uses. He said that there would be synergy
15 with the park and possibly some outdoor library programs.
16 Commissioner Gordon asked where the pond on the Hillsborough site is located.
17 Jeff Thompson referenced the pond area on the map and said this area may not be
18 suitable for development other than park development.
19
20 PUBLIC COMMENT:
21 James Carnahan expressed his excitement at seeing this project come to fruition and
22 read from 2004 library services task force report indicating the support of the Town of Carrboro
23 for a library in central Carrboro. He said he wanted to re-iterate the number of people who
24 would be served by this library and he advocated for a location in the central business district.
25 He stressed the benefit of a synergistic arrangement. He said that he respectfully disagrees
26 with the dismissal of the Town Hall site. He referenced a feasibility report on this site and
27 offered to share that report with the board.
28 Randee Haven O'Donnell, Board of Alderman member, said she served with Chair
29 Jacobs on the last two task forces. She said she learned that a library is part of an economic
30 engine and it generates community and other business. She noted that the discussion is about
31 the southwest neighborhoods and communities that are already involved in downtown Carrboro
32 and she advocated for a synergistic partnership. She said there have been several
33 opportunities to site a smaller library in downtown Carrboro and encouraged the Board of
34 County Commissioners to take a look at this potential. She referenced the Hillsborough Road
35 map and said that they should hold off on having too much discussion about this property. The
36 Carrboro Board has not been looking at this potential property as one that would have the
37 library on the park part of the property. She suggested that it be added onto the list of potential
38 sites to be reviewed on April 9.
39
40 Patrick McDonough said he has been a resident of Orange County for 13 years and he
41 is a parent and is speaking on his own behalf. He said there is room for improvement on the
42 site selection process. He shared some highlights of an email he sent previously and said that
43 the staff criteria are painfully biased against urban locations. He said that a minimum acreage
44 standard is not needed, rather a minimum square foot to fulfill library functions. He said that
45 the Board might look at whether the square footage can be allowed under the height
46 requirements. He said that multiple uses in buildings can gain efficiencies that make up for
47 larger staff needs. He said that if there is a fiscal issue, then it should be set forth as a money
48 limit, but not a size limit. He noted that there are plenty of shared parking options at other
49 libraries in the area. He referenced transit access and said that it is important that a spot with
50 good access is used. He said that the library is more needed in a lower median income area
11
1 and said that he would like to see more urban sites considered. He referenced his website,
2 www.citybeautiful2l.com
3 Gary Giles referenced the feasibility study mentioned by Patrick McDonough and said
4 the study proved the site could work. He said he hoped the board would review the report. He
5 said he appreciates the comments made about the changing nature of libraries and noted that
6 the digital age is here and is shrinking the need for traditional libraries. He said the he had just
7 gotten back from the Hunt Library in Raleigh and it is a grand library but has not accounted for
8 the digital age. He said that the library planning reports do not account for this new digital age.
9 He said that the urban sites have the advantage of having Carrboro contribute the cost of the
10 land, because it is a public site. He said there are several sites where no-rezoning will be
11 required, there is existing infrastructure, and no trees need to be cut down. He said all of these
12 things save money and the urban concept should be looked at.
13 Nerys Levy, with the Friends of the Carrboro Library, said she has been working on this
14 project for 23 years and she commended the work being done to serve the underserved. She
15 noted the population of 35,000 underserved citizens in southern and southwestern Orange
16 County. She said there are plenty of librarians and experts to help with the planning to make
17 this happen. She said the decision needs to be made soon because 15,000 people in Orange
18 County cannot read or write. She said this is a serious situation and there are 7 generations of
19 underserved people. She said that the Friends of Carrboro Library has lost 64 members as a
20 result of this lengthy process. She said that a decision is needed now.
21 Marilee Teague, resident of Bingham Township, said that a full service library would be
22 redundant to the Chapel Hill library. She noted that her measurement of the distance from one
23 of the proposed sites in Carrboro to the Chapel Hill Library is only 3.4 miles. She said that she
24 feels this idea needs to be reconceived and the $8 million capital expenditure would be better
25 invested in another way. She said that the expenses of a library of this size could be used for
26 things such as bringing a dental clinic back to Carrboro and improving schools, rather than
27 duplicating services.
28
29 Chair Jacobs asked Lucinda Munger to explain the Library Strategic plan and timeline.
30
31 Lucinda Munger said this will come before the board in May and will provide the Board
32 of Commissioners a draft for discussion. She said this is the first one ever done and the
33 purpose of the plan is to seek the input of the residents of Orange County on what they would
34 like in a 21 st century library. This will help create a better vision of what the residents of Orange
35 County want in a full service library, and will give a clear direction on which to go to serve the
36 needs of the residents.
37 Chair Jacobs asked the Commissioners to frame comments with the thought of directing
38 staff in how to move forward.
39 Commissioner Pelissier said it should be noted that the Board is interested in looking at
40 other sites and considering multi-use facilities. She also expressed a desire to consider the
41 long term needs of the library in the future.
42 Commissioner Dorosin said he favors the Fidelity Street site and feels that locating a
43 library in a working class neighborhood is better than a locating it in a residential neighborhood.
44 He also said he is open to considering other sites.
45 Commissioner McKee said, given the comments of the Town Board and the proposed
46 strategic plan, he feels the Board needs to take time to look around more; and he feels that the
47 Board also needs to consider what a 21St century library looks like. He said parking is a major
48 issue to him when siting this library, considering there will be many people using it that will not
49 use public transportation of be close enough to bike. He expressed concern with placing a
50 library in downtown Carrboro, where there are already parking issues. He said another critical
12
1 issue is that Chapel Hill Library is funded with a percentage of county funding for Library
2 Services. He said that the expansion of that library will likely mean further demand for those
3 funding needs. He questioned what level the Chapel Hill Library would be funded while building
4 and operating another library within three or four miles.
5 Commissioner Rich said she would like to hear more options on building an urban library
6 versus a suburban library. She would like to also look at other options for sites and feels this
7 would clarify that a suburban library is not what needs to be built.
8 Chair Jacobs said it is critical to think of this library in relation to the Chapel Hill library.
9 He said that a 20,000 square foot library is not necessary in Carrboro. He has always opposed
10 a suburban style library in Carrboro and feels it is a misreading of the original recommendations
11 and drives the size of the parcel that must be bought. He said the strategic plan needs to be
12 considered before any decisions are made about a site. He said he is supportive of having a
13 true partnership with Carrboro. He said that Carrboro has participated financially in the Cybrary
14 and should be treated like a partner in this process. He said the Board should honor what is in
15 the Carrboro letter and should invite Carrboro to the work session for the strategic plan for the
16 library. He feels the work session should move from Hillsborough to Southern Human Services
17 Center to make it easier.
18 Commissioner Gordon said one key thing for her is that the Board of Alderman (BOA)
19 has worked with the Board of County Commissioners and wants to have a further discussion.
20 She feels the Board should honor this request and look at criteria and additional sites.
21 Commissioner Price said the Board should look at a multi-use facility.
22 Commissioner Pelissier said it would be helpful to get some projections for urban versus
23 rural usage.
24 Chair Jacobs summarized as follows: consider other sites; consider a multiple use
25 facility; adopt a long term vision; consider neighborhood demographics; consider a working
26 class site; coordinate timing with the strategic plan; consider parking needs; get a better
27 projection of urban and rural usage; consider the relation of this library with Chapel Hill;
28 examine an urban library versus a rural library; honor the partnership with Carrboro; consider
29 moving the work session on May 14th from Link Government Services Center to Southern
30 Human Services Center.
31
32 c. Reappointment of Tax Administrator
33 The Board approved a resolution reappointing Timothy Dwane Brinson as Orange
34 County Tax Administrator, effective July 1, 2013.
35 John Roberts said this item is to reappoint a tax administrator. He said that Dwane
36 Brinson was appointed last year to fill an unexpired term of a previous tax administrator whose
37 term expires on June 30, 2013 and the action tonight will appoint Dwane Brinson to that
38 position. He said that statutes authorize the Board to appoint him for a minimum of two years
39 or a maximum of 4 years.
40 Dwane Brinson thanked the Board for appointing him last year and said he has enjoyed
41 working with the staff, residents and department heads and he loves the job.
42 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
43 approve a resolution reappointing Timothy Dwane Brinson as Orange County Tax
44 Administrator, effective July 1, 2013 for four years.
45
46 VOTE: UNANIMOUS
47
48 8. Reports - NONE
49
50 9. County Manager's Report
13
1
2 Frank Clifton noted that there is no need for closed session tonight
3
4 10. County Attorney's Report
5 John Roberts asked for direction and said the legislative delegation needs help in
6 meeting their bill drafting deadline. He asked for Board approval to help with this.
7 Commissioner Dorosin questioned whether the legislative delegation already has a
8 service for this need.
9 John Roberts said the bill drafting division is "swamped" and this does not happen
10 regularly. He said, in the event that there is last minute bill that can help Orange County, he
11 would like to be available.
12 Commissioner Price said she was in Raleigh last week and can attest to the fact that
13 Senator Kinnaird was working diligently and would appreciate the help.
14 Chair Jacobs said he spoke with Ellie Kinnaird and Representative Foushee about this
15 earlier today. He noted that Representative Foushee asked for help in drafting language for a
16 bill about the recycling authority. He noted that Senator Kinnaird also expressed desire for
17 help. He said that Representative Foushee would also like to draft a bill for the Homestead
18 Exemption.
19 John Roberts said he is short staffed at the moment and is making this request on a
20 limited basis for this time frame.
21 Frank Clifton said there are opportunities from time to time to have the county added or
22 removed from legislation that is moving through the legislature. He said many times, a local bill
23 will come up and it is easier to add yourself to a local bill than to draft a new bill.
24 Chair Jacobs said his petition requested to do this.
25
26 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
27 authorize our County Attorney to work with legislators.
28
29 VOTE: UNANIMOUS
30
31 Chair Jacobs said the effort would be made to keep all Board of County
32 Commissioners in the loop regarding legislative issues.
33
34 11. Appointments
35
36 a. Adult Care Home Community Advisory Committee—Appointment
37 The Board considered making an appointment to the Adult Care Home Community
38 Advisory Committee.
39 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
40 appoint T.L. Crews to the Adult Care Home Community Advisory Committee.
41 VOTE: UNANIMOUS
42
43 b. Equalization and Review Board —Appointments
44 The Board considered appointments to the Board of Equalization and Review (E&R).
45
46 Dwane Brinson explained the primary purpose of the E&R Board is to hear tax appeals
47 for the year. He noted that real property appeals are heard in the spring and personal property
48 appeals are heard in the fall.
49 Commissioner Dorosin said one of the applicants is his partner. John Roberts said there
50 is no conflict because there is no direct financial impact of this action on him.
14
1
2 A motion was made by Chair Jacobs, seconded by Commissioner McKee to appoint
3 Jane Sparks to the Board of Equalization and Review.
4 VOTE: UNANIMOUS
5
6 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
7 appoint Bronwyn Merritt and Jennifer Marsh to the Board of Equalization and Review.
8 VOTE: UNANIMOUS
9
10 A motion was made by Chair Jacobs, seconded by Commissioner McKee to appoint
11 Jane Sparks as Chair of the Board of Equalization and Review.
12 VOTE: UNANIMOUS
13
14 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
15 appoint Margaret Brown, Pamela Davis, Barbara Levine, Reginald Morgan, Karen Morrissette,
16 Patricia Roberts, and Ann Stroobant as alternates to the Board of Equalization and Review.
17 VOTE: UNANIMOUS
18
19 c. Historic Preservation Commission —Appointments
20 The Board considered making appointments to the Historic Preservation Commission.
21
22 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
23 appoint Robert Ireland to the Historic Preservation Commission, for a first full term expiring
24 3/31/16.
25 VOTE: UNANIMOUS
26
27 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
28 appoint Robert Golan to the Historic Preservation Commission, for a second full term, expiring
29 3/31/16.
30 VOTE: UNANIMOUS
31
32 d. Orange County Arts Commission —Appointment
33 The Board considered making an appointment to the Orange County Arts Commission.
34
35 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
36 appoint Devira Thomas to the Orange County Arts Commission, for a first partial term, expiring
37 3/31/2014.
38 VOTE: UNANIMOUS
39
40 e. Orange County Board of Adjustment— New Appointments
41 The Board was to consider making new appointments to the Orange County Board of
42 Adjustment.
43 DEFERRED
44
45 f. Orange County Nursing Home Community Advisory Committee —Appointment
46 The Board considered making an appointment to the Orange County Nursing Home
47 Community Advisory Committee.
48
15
1 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
2 appoint Vicki Barringer to the Orange County Nursing Home Community Advisory Committee,
3 in the Nursing Home Administration position, for a first full term, expiring 3/31/16.
4 VOTE: UNANIMOUS
5
6 g_ Orange County Parks and Recreation Council —Appointments
7 The Board considered making appointments to the Orange County Parks and
8 Recreation Council.
9
10 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
11 appoint James E. Carter to the Eno Township Position on the Orange County Parks and
12 Recreation Council, for a full second term, expiring 12/31/16.
13 VOTE: UNANIMOUS
14
15 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
16 appoint Erin Dilliard to an At-Large Position on the Orange County Parks and Recreation
17 Council, for a full first term, expiring 3/31/16.
18 VOTE: UNANIMOUS
19
20
21 h. Orange County Planning Board —Appointments
22 The Board was to consider making appointments to the Orange County Planning Board.
23 DEFERRED
24
25 L Orange Unified Transportation Board —Appointment
26 The Board considered making an appointment to the Orange Unified Transportation
27 Board.
28
29 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
30 appoint Andrea Rohrbacher as the Planning Board representative to the Orange Unified
31 Transportation Board, for a first term, expiring on 9/30/14.
32 VOTE: UNANIMOUS
33
34 12. Board Comments
35 Commissioner Price said she can't see the screen above her head and asked to look
36 into other options.
37
38 Commissioner Dorosin asked, regarding the report about tax collector's enforced
39 collections, if the listed properties had been foreclosed on and if the county had recouped its tax
40 liability.
41 Dwane Brinson said there had been one sale and the others are in the process.
42 Commissioner Dorosin asked to be kept informed of these sales and process.
43
44 Commissioner Gordon said the Durham/Chapel Hill/Carrboro Metropolitan Planning
45 Organization (MPO) Transportation Advisory Committee (TAC) had a meeting and the 2040
46 Metropolitan Transportation Plan is moving forward and must be finished by the middle of June.
47 Commissioner Gordon attended the Durham/Chapel Hill/Orange Work group and the
48 Orange County Bus and Rail Plan was discussed. She noted that the development cost of the
49 Durham/Orange Light Rail Project was estimated at $35 million with an expected completion
50 date of December 2015.
16
1 Commissioner Gordon referenced the sheets she requested regarding item 5-d
2 (SAPFO) and expressed her hope that the Commissioners would read them. She stressed that
3 they are a critical part of the report.
4 Commissioner Gordon reported that a public notice had been approved to have a
5 public hearing regarding the fire districts on April 17th at 7pm at Carrboro High School. She said
6 it would be helpful for the Board of County Commissioners to get a copy of the notices sent to
7 the residents.
8 Commissioner McKee had no comments.
9 Commissioner Rich had no comments.
10 Commissioner Pelissier said last Friday she went to a community conversation on
11 affordable housing and transit oriented development in Durham. She said there were many
12 interesting presentations for a variety of sources looking at issues of gentrification in the
13 Durham corridor and discussing ten different indicators. She said there were discussions
14 regarding the need to expand affordability discussions to include not just housing affordability,
15 but also transportation affordability; and a total of no more than 45% of income should be spent
16 on the combination of these two items. She said a key point was that there needs to be a plan
17 for housing that starts now.
18
19 13. Information Items
20
21 e March 7, 2012 BOCC Meeting Follow-up Actions List
22 e Tax Collector's Report— Numerical Analysis
23 e Tax Collector's Report— Measures of Enforced Collections
24 e BOCC Chair Letter to Don O'Leary Regarding ICLEI Discussion
25 e BOCC Chair Letter to Steve Dear Regarding Resolution in Support of the Repeal of the
26 Death Penalty
27 e BOCC Chair Letter Regarding February 19, 2013 Meeting Petitions from Commissioner
28 Bernadette Pelissier and Members of the Public
29
30 14. Closed Session
31
32 DEFERRED
33
34
35
36 15. Adjournment
37
38 A motion was made by Commissioner McKee seconded by Commissioner Rich to adjourn at
39 9:12 PM .
40
41 VOTE: UNANIMOUS
42
43 Barry Jacobs, Chair
44
45 Donna S. Baker, CMC
46 Clerk to the Board
47
48