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HomeMy WebLinkAboutMinutes 02-19-2013 APPROVED 4/23/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING February 19, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 19, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the items at the County Commissioners' places: - Illustration- for item 5-f, Letter of Support for Durham County's Recreational Trails Grant Application - White- PowerPoint for item 4-a, Animal Services Spay Neuter Program - Rose sheet- 6-c, Resolution from Animal Services Advisory Board — as relates to the legislative agenda - Property tax revenue projections — page 18 addition for item 7-b - PowerPoint for item 7-c, Jordan Lake Partnership & Water Supply Allocation Process PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Annette Smith introduced herself as the parent co-chair for the school improvement team at Culbreth Middle School. She expressed the school's excitement about the proposed new science wing at the school and requested Board of County Commissioners to fund the science wing when the request is considered. She said the wing will be an educational tool and will also increase the school's capacity by 100 students with the addition of 6 classrooms, thus delaying the need for an additional middle school. Principal Beverly Rudolph; science teacher, Fiona Ray; and one student spoke on behalf of this proposed project and discussed the inadequate science spaces currently being used and the benefits of the additional space for both teachers and students. Chair Jacobs said he hoped the school would lobby to name the new science wing, if approved, in honor of Commissioner Gordon, who has worked tirelessly on this effort. Don O'Leary offered an opportunity for the Board to meet with him and six of his friends to discuss ICLEI and to work out the issues. Chair Jacobs told Mr. O'Leary that they would discuss his petition at Agenda Review. Steve Dear introduced himself as a long time resident of Orange County, and the Executive Director of People of Faith, a non-profit group seeking to repeal the death penalty. He asked the board to consider a resolution he presented, to repeal the death penalty. He said over 1000 businesses, churches and community groups have passed a resolution like this, including Chapel Hill, Carrboro and City of Durham. He said Orange County would be the first county in N.C. to pass this, if they chose to do so. He requested a future public hearing for community input. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members (Three Minute Limit per Commissioner) Commissioner Pelissier pointed out that she had attended the Environmental Steering Committee meeting of the North Carolina Association of County Commissioners last Friday. She said the new Secretary of the Department of Environmental and Natural Resources encouraged people to send to him a letter regarding any concerns about the rules of Jordan and Falls Lake. She noted that the Board has a work session with this item on it in March and petitioned for the Board discuss it there and compile a letter. Commissioner Pelissier re-petitioned the board about an item she asked about in the fall of 2011 regarding agricultural support enterprises. She said she would like the Board to look at zoning and ordinances that pertain to agriculture as well as to the arts and agri- tourism. She would like to have different advisory boards be involved and she would like to have a listening session with the public with all of these advisory boards. She said she would also like for the Cooperative Extension to be involved, since there is a related effort happening at the state level. She would like to have staff to come forward with a process and a timeline as relates to this. Chair Jacobs said that there was a thorough letter produced two years ago by Dave Stancil based on the direction of the board in reference to Falls and Jordan Lake. He said this can be brought back to the Board for discussion about making any needed additions or changes. Chair Jacobs said he recalled that the Board did ask staff to move forward on agricultural enterprises. He said he will refer this item and the other items to agenda review. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution Acknowledging February 26, 2013 as Spay Neuter Day in Orange County and Community Spay and Neuter Program Presentation The Board considered a resolution officially acknowledging February 26, 2013 as "Spay Neuter Day" in Orange County and to receive an update about the County's Community Spay and Neuter Program and authorize the Chair to sign. Bob Marotto said the Animal Services Advisory Board and Staff are here to request the Board to declare Feb. 26th as Spay/Neuter Day in Orange County. He noted that this is celebrated internationally as World Spay/Neuter Day. He said this is an event that is near and dear to the efforts of Animal Services in Orange County to develop a plan to reduce pet overpopulation in the community. He said there will be activities that will occur on and around this date. He presented the PowerPoint slides, listed as follows: Animal Services Spay Neuter Program Making sense & saving cents in Orange County.! Animal Services Targeted Spay & Neuter: The Theory (graphic) Animals Admitted 2005-2012 (Bar graph) Animal Outcomes 2005-2012 (Bar graph) Animal Services Spay Neuter -What It Is & How It Works (Graphic) Targeted Spays & Neuters 2008-2012 (Bar Graph) Benefits & Observations • Animal Service Operations — Controls costs — Makes staffing numbers work • Brings People Together — Partnerships — Common ground — Community Effort! • Models Public Policy — Self-funded program — Demonstrable results — NCACC 2010 Program Award • Promotes Responsible Pet Ownership Bob Marotto said, referring to the above slides, the animal intake numbers have decreased from 4350 animals during the years between 2005 and 2009 to 3460 animals last year. He said there are also significant changes in animal experience after coming to the shelter and the re-homing numbers have jumped this year. He said the euthanization numbers have reduced from an average of 1900 per year to 1200 last year. He said there are three partners in this program -Animal Services, Department of Social Services, and AnimalKind. He noted that the total spay/neuter numbers for the past few years has been approximately 500 last year, over 400 were from the Department of Social Services program. He said this program brings people together and models public policy in significant ways. Dr. Susan Elmore, Chair of the Animal Services Advisory Board (ASAB) read the resolution: RES-2013-009 ORANGE COUNTY BOARD OF COMMISSIONERS 2013 SPAY NEUTER DAY RESOLUTION WHEREAS, cats and dogs provide companionship to and share the homes of thousands of individuals in Orange County; and WHEREAS, spayed and neutered animals are less likely to have certain health problems or exhibit certain undesirable behaviors that can create community problems and use community resources; and WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds of thousands of dollars annually through animal control and sheltering programs aimed at coping with unwanted and homeless cats and dogs; and WHEREAS, humane societies and shelters throughout the country have to euthanize approximately four million cats and dogs each year, although many of them are healthy and adoptable, due to the lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the Animal Services Advisory Board and the Animal Services Department have made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A Strategic Plan for Orange County; and WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social Services to offer "low cost" and "no cost" spay and neuter for cats and dogs, and has to date performed more than 1800 overall and more than 1200 for pets belonging to DSS clients; and WHEREAS, spaying and neutering cats and dogs, among other animal companions, has helped to reduce the intake rate of animals from 36 to 25 per 1000 human residents between 2005 and the present and the number of animals euthanized from approximately 1900 in 2005 to 1129 in 2012; and WHEREAS, the County received an Outstanding County Program Award from the North Carolina Association of County Commissioners in 2010; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private individuals work together each year to ensure the spaying or neutering of thousands of companion animals through "World Spay Day"; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private individuals have joined together again this year to advocate and support the spaying and neutering of companion animals on "World Spay Day 2013." Now, therefore be it RESOLVED by Orange County that February 26, 2013 is declared "Spay Neuter Day", and the Board of County Commissioners calls upon the people of Orange County to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. This the 19th day of February, 2013. A motion was made by Commissioner McKee seconded by Commissioner Pelissier to approve a resolution officially acknowledging February 26, 2013 as "Spay Neuter Day" in Orange County and to receive an update about the County's Community Spay and Neuter Program and authorize the Chair to sign. VOTE: UNANIMOUS 5. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Price asked to remove Item 5-a in order to acknowledge the retreat minutes. • Approval of Remaining Consent Agenda A motion was made by Commissioner Rich seconded by Commissioner Dorosin to approve the remaining items on the consent agenda as stated below: VOTE: UNANIMOUS a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Motor Vehicle Property Tax Release/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for thirty (30) taxpayers with a total of thirty-three (33) bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for six (6) taxpayers with a total of (12) twelve bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Resolution Creating a Special Board of Equalization and Review The Board adopted a resolution, which is incorporated by reference, providing for the establishment of a special Board of Equalization and Review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act, and to delegate certain authorities to the Assessor (Note: Board of Commissioners approval of similar resolutions occurs on a regular basis in Orange County and across the State.) and authorized the Chair to sign. e. Fiscal Year 2012-13 Budget Amendment#7 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2012-13 for: Social Services, Library, Health Department, Department of Social Services/Housing, Human Rights and Community Development, and Orange County Schools Capital Project Ordinances. f. Letter of Support for Durham County's Recreational Trails Grant Application The Board approved submission of a letter of support for Durham County's application for a grant from the North Carolina Recreational Trails Program for construction of facilities at the planned Hollow Rock Access Area and authorized the Chair to sign. • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board considered approval of the minutes from November 13, 20, December 3, 2012 and February 1, 2013 as submitted by the Clerk to the Board. Commissioner Price acknowledged the quality of the minutes of the retreat and the quick turnaround and she thanked Donna S. Baker and the facilitator, Ms Cynthia Brown. A motion was made by Commissioner Price, seconded by Commissioner Gordon to approve the minutes from November 13, 20, December 3, 2012 and February 1, 2013 as submitted by the Clerk to the Board. VOTE: UNANIMOUS 6. Public Hearings a. Senior Care of Orange County, Inc. — Lease Agreement The Board conducted a statutorily required public hearing and considered approval of a resolution authorizing a lease agreement with Senior Care of Orange County, Inc. ("SC of OC") and authorized the Chair to sign. John Roberts said this lease agreement is needed because in the past Orange County has had too much control over this non-profit organization. It is suggested that changes take place to get the organization more at arms' length, including Orange County leasing the space to Senior Care of Orange County with a $1 per year, five year term renewable lease. Commissioner Gordon commented that on page 10 in the second paragraph, there are some typos in lease. She said this lease is a step forward. Chair of the Senior Care of Orange County Board, Mary Ann Peter gave some background on this organization. She said that Senior Care was incorporated in March of 2004 to take over the operation of the Central Orange Adult Day Program. The organization moved to its current location in 2009. The mission of the program is to promote personal independence and health; maintain social, physical and emotional well-being; and to provide the opportunity for these adults to stay connected with peers and community. This is the only day health program in Orange County and has served 175 frail and disabled adults. She said the need for the program is growing. She said funding is primarily through the Veteran's Administration, as well as Elder Care Respite, grants, sliding scale, private pay, and long term care. She said the organization is thankful for their facility. Commissioner Dorosin asked John Roberts if there is a list of default conditions in the lease, or any designation regarding what happens if the organization loses non-profit status, or decides to dissolve. John Roberts said section 19 gives stipulations regarding default. He said it may or may not address non-profit status, and he will have to review it again. He said there is a stipulation in the by-laws that requires the property to go back to Orange County or a similar organization within Orange County if the current entity dissolves. Chair Jacobs said that when the senior center was designed, it was designed for this primary function. He expressed appreciation for the service and a desire to continue to maintain a strong relationship with Orange Senior Care. NO PUBLIC COMMENT A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to close the public hearing and to approve a resolution, with edits, authorizing a lease agreement with Senior Care of Orange County, Inc. ("SC of OC") and authorize the Chair to sign. VOTE: UNANIMOUS b. Lease of the County-owned Building at 500 Valley Forge Road to the Piedmont Food and Agricultural Processing Center, Inc. The Board conducted a statutorily required public hearing and considered a lease agreement with the Piedmont Food and Agricultural Processing Center, Inc. regarding the occupation and lease of the building at 500 Valley Forge Road, Hillsborough and authorized the Vice-Chair to execute the agreement. John Roberts said the purpose of this lease is to get this non-profit at arms' length from the county. He said there is a Board of Directors in place, as well as an agreement with the county for financial services and this is that last piece of the puzzle. He said the County established the by-laws of this organization, and if this non-profit was to dissolve then it will go to a similarly situated non-profit or back to the county. He said this is a one year lease where the rate escalates after the first year and there are options for renewal. Chair Jacobs asked if it was a condition of participation of this 4 county agreement that a non-profit would be spun off. Frank Clifton said the terms of the lease are somewhat different over time and this is not just for Orange County based businesses but will serve the four counties surrounding it. Chair Jacobs recognized Matthew Roybal, the Manager of PFAP, who thanked the Board of County Commissioners for their support. Commissioner Dorosin compared this lease to the prior lease for the senior center and said it is in a slightly more nascent stage with references to getting insurance, among other things. John Roberts said PFAP has provided proof of insurance and they are still waiting on the actual policy. Commissioner Gordon referenced section 18 and noted the same edits as in the previous lease. NO PUBLIC COMMENT A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to close the public hearing, to enter into a lease agreement with suggested changes on Section 18, with the Piedmont Food and Agricultural Processing Center, Inc. regarding the occupation and lease of the building at 500 Valley Forge Road, Hillsborough and authorize the Vice-Chair to execute the agreement. VOTE: UNANIMOUS c. Orange County's Proposed 2013 Legislative Agenda The Board conducted a public hearing on Orange County's potential legislative items for the 2013 North Carolina General Assembly Session and identified three to five specific items from the entire package to highlight for priority discussion at the March 11, 2013 meeting with Orange County's legislative delegation. Greg Wilder said the legislative issues work group consisted of Commissioner Dorosin and Commissioner McKee and the public hearing notice was published in three local newspapers as well as online. He said that after closing the hearing tonight, a package should be approved in preparation for the Board's meeting with the legislative delegation on March 11. Greg Wilder said the first item from the work group is a resolution contained in attachment 2, and it consists of 30 items outlined beginning on page 5 of the abstract. He noted that the first item of the thirty is Revenue Options for Local Government, and it contains a version A and version B with the Commissioners being asked to pick one of those two versions. He also noted two corrections: one to item 7, which should be starred; and one to item 21, which is starred and should not be. Greg Wilder said the other resolution is based on a request from the Clean Water Management Trust fund back in December for the County to consider a resolution to support funding for the Clean Water Management Trust Fund. He said this is attachment 3, and background information is given in attachment 4. He noted the last item in the packet is NCACC's adopted legislative goals, for use a reference source. The manager's recommendation is as follows: 1) Conduct a public hearing on Orange County's potential legislative items for the 2013 North Carolina General Assembly Session ; 2) Close the public hearing and review and discuss the Legislative Issue Work Group's (LIWG) proposed 2013 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2013 North Carolina General Assembly Session. 3) Approve one proposed resolution regarding support for funding for the Clean Water Management Trust Fund (CWMTF); and 4) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the March 11, 2013 meeting with Orange County's legislative delegation. Chair Jacobs asked Greg Wilder to review the legislative deadlines and Greg Wilder said the House and Senate establish deadline for the filing of bills in the legislative branch and the introduction of bills on the floor. The deadline for the Senate will occur before the Board's legislative breakfast on March 11 th; therefore this will be sent to Sen. Ellie Kinnaird so she can take action if she so chooses. He said that the House deadline will not have passed, so there will be time for reaction to comments and questions there. Commissioner Dorosin said this was an engaging process with many items to discuss and they tried to streamline things as much as possible. He said this adequately represents the universe of things and it is a "wish list". Commissioner Gordon thanked Commissioner Dorosin and Commissioner McKee for working on these issues. She thanked Greg Wilder for the efficient operation of Orange County and said that he does most of his work behind the scenes, and he is very much appreciated. Commissioner Rich asked for clarification on option a and b for item 1. Commissioner McKee said he and former Commissioner Yuhasz had had concerns in the past regarding option A, revenue options for local governments. He read the verbiage from the packet and said that he reads this as giving the Board the authority to enact the transfer tax that failed previously in Orange County. He said he will continue to oppose this as written. He said he supports the second wording in option b, as it does not enable the board to enact things arbitrarily. Commissioner Dorosin said they could not come to consensus in their work group, which is why they brought it forth for the full board to discuss. PUBLIC COMMENT Dr. Susan Elmore said Animal Services Advisory Board (ASAB) has discussed many times on the humane treatment of dogs in large breeding facilities and she said there is necessity for legislation that provides standards of care and a registration system for these facilities. She said the ASAB proposed a resolution of support for a commercial dog breeding bill to be introduced this session. She referred the Commissioners to the resolution contained on the rose colored sheet for item 6-c. Chair Jacobs noted that there are two different versions. Dr. Elmore said that it said that they support of this bill and this bill has language to improve standards in these facilities as well as to establish a registration system. Commissioner McKee requested that a determination be made between version a and version b of item 1 (Revenue Options for Local Government), or that this item be pulled off and voted on separately. Chair Jacobs noted that the asterisk beside something is from the NCACC adopted goals and this is not an organization known for radical government takeovers. He said it is a very conservative organization that believes each government should be treated fairly and equally. He noted that seven counties on the coast do have the real estate transfer tax. He said he feels that this just acknowledges a statewide effort to give counties more flexibility and autonomy. A motion was made by Commissioner Pelissier seconded by Commissioner Rich to consider version A on item 1 Revenue Options for Local Government as a separate item. Commissioner McKee said if it is a separate item, then it is not a problem. Commissioner Price said that she knows that there have been situations where Wake County wanted to have the option of the county owning the school buildings and that there was a concern that this would be accepted statewide. She said she is caught between the two arguments and she asked for clarification that Commissioner Pelissier wants the flexibility and Commissioner McKee says it's too much. Commissioner McKee said his problem with version A is that it specifically allows local government to enact a tax in Orange County that was turned down by the voters. Commissioner Pelissier said the issue that Commissioner Price raised is an issue that Wake County wanted to do but that it has not been approved by the General Assembly. She said she is talking about things that have actually been granted to counties in the past. A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to separate out and vote for Version A of the Revenue Options for Local Government. VOTE: Ayes, 6 (Commissioner Dorosin, Commissioner Gordon, Chair Jacobs, Commissioner Pelissier, Commissioner Price, Commissioner Rich); Nays, 1 (Commissioner McKee) Commissioner Dorosin said this is a large document, but called their attention to items 29 and 30. He said item 30 is about concealed weapons in parks and he noted that last year the General Assembly took away Counties' abilities to develop their own county based regulations for this issue. This request is asking for local authority to be given back to local governments. Commissioner Dorosin noted that item 29 generally talks about giving discretion back to counties in creating ordinances for controlling their planning and zoning. Commissioner McKee made clarification that they are now talking about items 2-30 and item 1 has been decided. Commissioner Gordon clarified that all of the items will be sent in together. Commissioner Price questioned if the Board of County Commissioners already voted to allow concealed weapons in parks. Chair Jacobs said yes, there was a 4-3 vote for Little River Park. John Roberts said that what the Commissioners passed last year was an amendment of the County's ordinance to bring it into compliance with the State Law referenced in this item. He said the State took authority out of the County's hands prior to the statute being passed. He said that at this point the County cannot prohibit possession of concealed weapons in certain areas of the park, such as non-playground or non-athletic fields. Chair Jacobs said the Board of County Commissioners did allow weapons in the playground in Little River Park with the argument that you had to walk though playground to get to the park. There was some review and clarification questions of various legislative items. Commissioner Price asked for clarification on item 13 and Chair Dorosin said this refers to funds already in existence. Commissioner Price said item 14 should include forestry and forest land and Chair Jacobs said that there are conservation measures in place to protect this. Commissioner Price referenced item 23 regarding use of herbicides in right of ways. She questioned if it is possible to appeal to the utility company if someone does not want herbicides used. Commissioner Rich said that is not necessarily so. Commissioner Price questioned the viability of this item since conventional farmers and garden centers will still be using herbicides right next door. Commissioner McKee said the intent of this item is specific to highway right of ways and that the issue can be appealed to DOT but there is no way for enforcement. He said that the possibility of there being an impact on organic agriculture is important enough to request some exemptions in certain areas. Commissioner Dorosin said as written, this refers to easements by the utility companies not private owners and he recognized that all of these items are part of a wish list, subject to General Assembly approval. Commissioner Price said she was concerned about how some of these items were written and whether there will be pushback. Commissioner Gordon highlighted #2 — County Responsibility for Roads; which she said would be an expensive and troublesome undertaking. She referenced #7 — Smart Start and More at Four, and said she said she would like a statement made in favor of education. She said with #13- Land Water and Agricultural Preservation Funding, she would like to see the addition of biological resources in here too. She referred back to #29 - Local Government Regulation of Development, and said that this strikes at the core of county governments and this is an important principle that is being eroded. Chair Jacobs said, item #10 -Authority to Amend the Orange County Civil Rights Ordinance, has been part of the Orange County Legislative Agenda for a very long time and has never gotten any traction in the State Legislature. He said that this is, in a way, an embodiment of how the North Carolina Government should be addressing the issues that are important to Orange County through the legislative process. A motion was made by Commissioner McKee, seconded by Commissioner Price to approve Items 2-30; adding biological resources to #13; including corrections on asterisks; and incorporating the rose sheet, Orange County Board of Commissioners Resolution on Commercial Dog Breeding Facilities, as #31. Commissioner Dorosin said this becomes #31, and Commissioner McKee and Commissioner Price accepted this friendly amendment. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to approve the Clean Water Management Trust Fund Resolution. VOTE: UNANIMOUS Chair Jacobs asked commissioners to identify 3-5 items for priority discussion with their delegation and the suggestions were as follows: - Commissioner Gordon suggested items 2, 29, and 7, and 6 - Commissioner Rich also suggested item 29 - Commissioner Price suggested item 10 - Commissioner McKee suggested item 7 - Commissioner Dorosin suggested item 12 - Commissioner Pelissier and Chair Jacobs suggested item 20 Commissioner Pelissier said if it is known that there is something that NCACC is going to heavily lobby for then strategically this item should be dropped in favor of something of greater interest to Orange County. Chair Jacobs noted that these NCACC goals will be found at the top of page 28 and include numbers 2 and 12. He said he would argue for the couple of things that might actually be possible, such as the electronics fee for recycling and the bio solids disposal. Commissioner Gordon said she would be willing to drop item 6. Chair Jacobs reviewed the Commissioner's suggestions. Commissioner McKee suggested that Item 2, County Responsibility for Roads, be taken off. He said he feels that Item 12, regarding Mental Health, is critical enough to be left on, even if it is in the top NCACC goals. He said that he sees the issue of Mental Health is both a local and state issue that plays into many other issues such as mass shootings, homelessness and poverty and must remain a priority. Commissioner Gordon suggested that all of the items mentioned should be considered and 5 voted through. Chair Jacobs said there are eight items being considered and suggested that someone make a motion for five, or the vote could be taken one by one. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to select the following items for approval: • 2 - County Responsibility for Roads • 7 - Smart Start and More at Four • 12 - Mental Health • 20 - Homestead Exemption • 29 - Local Government Regulation of Development Commissioner Rich asked to switch out item 2, roads for item 3, and bio-solids. Commissioner Dorosin and Commissioner McKee accepted the friendly amendment. Commissioner Dorosin read the amended items as follows: • 3 - Bio-solids Disposal • 7 - Smart Start and More at Four • 12 - Mental Health • 20 - Homestead Exemption • 29 - Local Government Regulation of Development VOTE: UNANIMOUS 7. Regular Agenda a. North Carolina State Clearinghouse Request for Intergovernmental Review of Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)-Norfolk Southern (NS) Railway The Board received information on the North Carolina Department of Transportation (NCDOT) proposal to close private North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange County, and considered a second letter submitting scoping comments related to the project. Abigaile Pittman said that the Planning and Inspection Department received a solicitation for spoken comments from the NCDOT in September 2012 regarding the three railroad closures mentioned above. She said this track is part of the Southeast High Speed Rail Corridor which, when complete, will provide rail service between Washington DC and Charlotte, NC. Initial comments from the Commissioners October 16th meeting were sent to the NCDOT Rail Division in November 2012 and a response letter was received in December. This letter is included as Attachment 3 in the 7-a abstract. She said that public information workshop sessions have been held for all three closures and revised project study maps have been included as attachment 2 in the abstract. She noted that comments from the workshops are included as attachment 4 and a second set of comments for the NCDOT Rail Division has been drafted and is included as attachment 5. She referenced the revised maps of the proposed closings and reviewed the layouts. She said that the planning staff suggests several comments for the second letter and she listed the following: • Greater clarity is needed regarding which alternative access roads will be publicly improved and/or constructed roads accepted into the state system for maintenance. • More specific details are needed regarding the proposed right of way width, pavement width, drainage ditches, etc. • When available the anticipated schedule is needed for required right-of-way acquisition, relocation of property structures and buildings where necessary, and construction dates. • Clarifying details are needed with regard to improvements to alternate access. Abigail Pittman said that there are also other site specific comments, included in abstract attachment 5 on pages 4 and 5, and she read those comments. Commissioner Dorosin asked if the letter in the packet is the letter that will be sent. Abigaile Pittman said yes, with comments or edits. Chair Jacobs noted that no one signed up to speak but there were a large number in the audience and he invited public comment. PUBLIC COMMENT: Jahmal M. Pullen, PE. Infrastructure Engineering Manager with the NCDOT Rail Division, introduced himself and several other staff members. He gave a brief background and said they were awarded money three years ago to improve the line from Raleigh to Charlotte. He said these funds will be used to replace bridges and consolidate crossings, and one of the main goals is to improve safety along this corridor. He said the private crossing projects is a very unique and is allowed through the federal program. He said studies were done several years ago and funding was applied for. Those funds of over 500 million dollar are now available for those projects. He said there are 12 bridges being built and 30 miles of double track. He said they would like to provide another access point to a crossing that has a bridge or arms and lights. He noted that many of these private crossing don't warrant safety features because of the lack of traffic. He said the funds allow creation of alternate access to safer crossings, but this money is part of a time sensitive federal grant and needs to be used by September 2017, which is the reason for the process happening now. He said the projects need to be constructed and paid out prior to that September 2017 deadline. He noted that these three private crossing projects are early in the federally mandated process. He said that if it turns out there are no good alternatives then the project will not be pursued. He noted the various meetings and hearings scheduled to hear and address concerns. Chair Jacobs said Abigail Pittman's letter addressed many concerns of the citizens. He noted that during the public meetings, the NCDOT consultants didn't seem to know the correct standards and were giving erroneous information to the citizens. He said that the citizens need to know accurate standards for things like travel lane requirements that impact people's property. Jahmal Pullen said there will be an effort to correct this and he noted that people will get confused about the travel lane and how much right of way is outside of the paved area to maintain the ditch. Chair Jacobs said that there is a huge difference for people whose yards are affected and it is important to make the impacts clear as early as possible. Mr. Pullen said this issue also depends on whether the area in question is a state maintained road or not. Daniel L. Havener, PE, Project Engineer, NCDOT— Planning and Development said the initial plan on Byrdesville was to take the state maintained road to the limits of the Byrdsville property and at that point and at that point the existing roads would be improved, patched and overlaid, but the roads within Byrdsville would not necessarily be taken into the state system. He said that the community meeting feedback was that the residents would like the main road to be included in the state system and this may have created the misunderstanding about right-of-way widths. Jahmal Pullen said this will all be part of the discussion with the division office. He also noted that he would leave a 2 page handout with background on next steps and benefits, and he reviewed these access benefits for emergency services transportation and safety. Chair Jacobs asked if these would be distributed at the information meetings or if the Board should post a copy on the website. Jahmal Pullen said an electronic copy will be provided and if an email list is provided, the information can be sent that way as well. Marsh Carroll said the mail is sufficient and requested the information be sent by mail and not electronically. Commissioner McKee said he has the same impression as Chair Jacobs from these public meetings regarding the different interpretations and information being presented. He said whatever is done at these private crossings, needs to be done with minimal disruption to the citizens and no out of pocket expenses. Commissioner Dorosin asked to view the last map on attachment 2. He noted that it shows two of the crossings to be closed and asked where the traffic for these crossings will be re-directed. Abigaile Pittman said the crossing to the east of the first closure will remain open and the traffic will primarily be going there. She noted that this area is where Old NC 10 goes under the trestle. Commissioner Dorosin said he is trying to clarify where people will be crossing. Planning Director, Craig Benedict said that for the one crossing people will have to come west and up Murphy School Road to Old NC 10. He explained some of the re-routing. Commissioner Dorosin asked some clarifying questions, which were answered by planning staff, on the Greenbrier Drive Crossing closure. Commissioner Dorosin asked if there had been any studies of the increased traffic impact in the re-routed areas. Jahmal Pullen said that the traffic counts at Greenbrier and Byrdsville will be looked at, especially in the case of Byrdsville, which will have more traffic than the other two. Frank Clifton asked if there had been any analysis done on N.C. 10 as far as future maintenance and widening associated with this change. Jahmal Pullen said not at this point, but that Norfolk Southern and North Carolina Railroad have ownership in this and there would be a check in with those entities to see if there is a long range plan. He said that there might be future project to build a new bridge, but not at this point. Chair Jacobs said if this comes back to the Board, it would be good to have an aerial view to get an overall feel for the re-routing. Jahmal Pullen said that eventually, the goal would be to have two tracks in this corridor and in that event, this track would need to be replaced. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to accept the manager's recommendation, which is as follows: 1) Receive the information on the NCDOT proposal to close private NCRR/NS Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange County; 2) Provide any additional comments the Board may have to be added to the attached letter (Attachment 5) submitting a second set of scoping comments to NCDOT; and 3) Authorize Planning staff to send the letter to NCDOT. VOTE: UNANIMOUS b. Next Steps Regarding Proposed Establishment of Three (3) New Fire Service Districts The Board considered scheduling a public hearing for the April 9, 2013 regular Board meeting to consider the establishment of the three new Fire Service Districts - the South Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District. Michael Talbert said these are the next steps for the establishment of three new fire service districts and he noted that this has nothing to do with fire protection and everything to do with fire insurance. 1.To schedule a public hearing for the April 9, 2013 regular Board meeting to consider the establishment of the three new Fire Service Districts - the South Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District; 2. To authorize staff to move forward with a five-year contract for the Town of Chapel Hill to provide fire protection for the proposed new Greater Chapel Hill Fire Service District at a 15 cent tax levy per one-hundred dollar valuation of real and personal property. (Note: The standard five-year contract does contain the option to terminate with a one-year notice to the parties.); and 3. If the Town of Chapel Hill is unwilling to a support a five-year contract and a 15 cent tax levy per one-hundred dollar valuation of real and personal property, for a proposed Greater Chapel Hill Fire Service District, instruct staff to requests that the Town of Carrboro consider a five-year contract to serve the proposed new Fire Service District at a 10 cent tax levy per one-hundred dollar valuation of real and personal property. Michael Talbert reviewed the background for this item and addressed questions about the three different types of fire districts being dealt with. He said that the first is fire protection districts, which were established by the General Assembly. He noted that there are 12 districts and 10 individual rural fire departments. The second option is a fire service district, which is being considered at this meeting and is also permitted by the General Assembly. He said that the fire protection districts established in the 50's and 60's are virtually impossible to change. He said that the needs of the fire districts and the citizens are changing, and fire service districts are easier to set up and alter, once in place. He noted that the fire protection districts would not go away, but there would no longer be a protection district tax. Instead, the fire service districts would be overlaid and new taxes levied for those service districts. He said that the County is under no obligation to provide fire service at all and could do nothing at all, fund it with the general fund, or keep the districts as established in the past. He said the last option is to establish fire insurance districts, which can be part or all existing fire protection districts and are sent to the NC Department of Insurance State Fire Marshall's Office. He noted that once these are official, the ISO ratings would change. Michael Talbert then referenced the maps and reviewed information from 7-a abstract pages 2-5, which are included below: On September 13, 2011 the Board was presented options for changing fire districts to improve insurance ratings for the 1,156 properties located outside of six (6) road miles from the closest fire station located in their fire insurance district. A County Attorney's memorandum dated September 1, 2011 provided a legal opinion for fire protection tax districts, with the available options listed below: 1. Realign Fire Insurance District boundaries, without changing Fire Tax Districts. 2. Change existing Fire Protection Districts, which would also change the Fire Tax District. 3. Establish one or more Fire Service Districts to replace or overlay existing Fire Protection Districts which could also change Fire Tax Districts. On March 13, 2012 the Board approved the request from the Orange Grove Fire Department to construct a new fire station #2 that is strategically located in the southeastern part of the Cane Creek Fire District. This newly constructed fire station is providing insurance district coverage for an estimated 400 property owners that were more than six (6) road miles from the Orange Grove Station. The Orange Grove Fire Department is in the planning stages for a new fire station #3 to be strategically located in the western part of the Cane Creek fire district. That new fire station #3 will provide insurance district coverage for an estimated 250 property owners currently more than six (6) road miles from the Orange Grove Station. The Emergency Services Workgroup has discussed all available options for the 1,156 properties located outside of six (6) road miles from the closest fire station located in their fire insurance district. With the new fire stations in the Cane Creek Fire District, over 600 property owners will be provided insurance district coverage and will be located less than 6-road miles from the nearest Orange Grove Station. Michael Talbert said the Emergency Services Work group was recommending the creation of three (3) New Fire Service Districts to overlay and replace three (3) existing Fire Protection Districts. With input from the State Fire Marshal's office, the proposal is to modify existing fire insurance districts and create new Fire Service Districts that are exactly the same as the revised fire insurance districts. The three (3) Fire Services Districts are proposed to be the South Orange Fire Service District, North Chatham Fire Service District and Greater Chapel Hill Fire Service District. South Orange Fire Service District Michael Talbert said Attachment 1 is a map of the existing South Orange Fire Insurance District. Due to the Town of Chapel Hill annexations, the South Orange Fire Insurance District has been split. The Town of Carrboro provides fire protection in the South Orange Fire Insurance District and now has to travel through the Town of Chapel Hill to respond to a fire call off Mt. Carmel Church Road. Michael Talbert said Attachment 2 shows a detail map of the area and Chapel Hill Fire Station #5 that is less than one (1) mile from the area outlined in gray. The Town of Chapel Hill is better positioned and may be willing to provide fire protections for this area in gray. The Town Manager presented this possible solution to the Chapel Hill Town Council on January 14, 2013. The area in gray on Attachment 2 represents 100 parcels and $36,003,769 of real property value. When vehicles and personal property values are added to the real property total, an estimated $37,673,414 of taxable value would be removed from the existing South Orange Fire Insurance District. Attachment 4 shows the existing property valuation of$556,977,528 for the South Orange Fire Insurance District, the reduction of$37,673,414 of taxable value, and the remaining property valuation of$519,304,114. The estimated tax valuation reduction from the existing South Orange Fire Insurance District equals 6.8% of the total. A fire district tax increase of .6 cents, from 7.85 cents to 8.45 cents, would be required to insure that this change is revenue neutral for the Town of Carrboro. Michael Talbert said this issue has also been presented to the Town of Carrboro. On December 4, 2012 the Carrboro Board of Alderman Town voted to approve a resolution to modify the existing South Orange Fire Insurance District. The revised South Orange Insurance District will not include the donut hole in gray on Attachment 2 and the Town will continue to contract to provide fire protection to the proposed new Fire Insurance District (see Attachment 3), with a new fire tax rate of 10 cents per $100 of real and person property value. He said on December 11, 2012 the Board expressed its intent to establish three new Fire Service Districts; the South Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District. Staff was instructed to proceed with the necessary steps to establish three new Fire Service Districts. North Chatham Fire Service District Orange County has received a letter from North Chatham Volunteer Fire Department (Attachment 5) indicating that the Department will charge a tax rate of 8.8 cents beginning July 1, 2013. This is the same rate currently charged in Chatham County and a 76% increase over the existing 5 cents. Attachment 6 is a map of the existing North Chatham Fire Insurance District. Included on Attachment 2, in yellow, are 112 homeowners located more than six (6) road miles from the nearest North Chatham Station, but less than three (3) road miles from Chapel Hill Fire Station #5. These homeowners have an insurance rating of 10 (see Attachment 7 for an example of insurance premiums related to fire insurance ratings). Several homeowners in this area have indicated that they cannot get fire insurance or that the rate has more than doubled. Michael Talbert said the Town of Chapel Hill is better positioned and may be willing to provide fire protections for this area in gray. The Town Manager is prepared to make a recommendation to the Chapel Hill Town Council on January 14, 2013. The Town of Chapel Hill is a municipal fire department which relies on hydrants as its water source to fight fires. Discussions have occurred involving the Town of Chapel Hill Fire Chief and North Chatham Fire Department Chief concerning possible fire and insurance solutions for this area. Attachment 8 is a map of the existing Greater Chapel Hill Fire Insurance District. Attachment 9 is a map of the proposed new Greater Chapel Hill Fire Insurance District that includes not only the area proposed to be deleted from South Orange, but also 112 homeowners from Attachment 2 and additional property included in the Southern Triangle Fire District that have hydrants. The Town of Chapel Hill staff is prepared to make this recommendation to the Chapel Hill Town Manager and the North Chatham Fire Chief has indicated a plan to make this recommendation to the North Chatham Board of Directors. Michael Talbert said Attachment 10 shows a potential new Chapel Hill Fire Service District which includes hydrants. Michael Talbert said Attachment 11 is a projection of property values and revenues for the New North Chatham Fire Insurance District. Attachment 12 is a map of the proposed New North Chatham Fire Insurance District. With a property tax increase from 5 cents to 8.8 cents and a reduction of property covered by the district, the net impact for the new district is a revenue increase of$31,441 from $213,325 to $244,766. Greater Chapel Hill Fire Service District Michael Talbert said Attachment 13 is a projection of property values and revenues for the New Greater Chapel Hill Fire Insurance District. A map of Southern Orange County, attachment 15, shows zoning, ETJ and the Rural Buffer as it relates to the proposed fire service districts. At its November 13, 2012 work session, the Board reviewed information regarding the possibility of establishing three (3) new Fire Service Districts and instructed staff to proceed with the steps necessary to establish the new Fire Service Districts. Listed below are actions taken to date concerning the possible creation of three (3) new Fire Service Districts: • On December 3, 2012, Orange County petitioned the Town of Chapel Hill to consider modifications to the existing Greater Chapel Hill Fire Insurance District as discussed in the background. • On December 4, 2012 the Carrboro Board of Alderman Town voted to approve a resolution to modify the existing South Orange Fire Insurance District. The revised South Orange Insurance District will not include the donut hole in gray on Attachment 2 and the Town will continue to contract to provide fire protection to the proposed new Fire Insurance District (see Attachment 3), with a new fire tax rate of 10 cents per $100 of real and person property value. • On January 14, 2013 the Chapel Hill Town Council voted unanimously not to provide Fire Protection for a proposed Greater Chapel Hill Fire Service and requested Orange County Government's Assistance in encouraging the residents of the proposed Chapel Hill Fire Service District to seek annexation into the Town of Chapel Hill. • On February 11, 2013 the Chapel Hill Town Council again considered the County petition to the Town to consider modifications to the existing Greater Chapel Hill Fire Insurance District as discussed in the background. Several members of the Town Council still consider annexation as the preferred method of providing fire protection and all other Town services to these residents. There was discussion about the 15 cent rate being the maximum rate allowed and Town Council discussed how the tax rate could be increased. The Chapel Hill Town Council voted unanimously to enter into a service agreement to extend the Town's current fire district into the affected neighborhoods for a period of two years and initiate conversations with the County about how the changes in annexation laws affect the rational planning model established within Orange County. Listed below are actions need to be taken before three (3) new Fire Service Districts can be created and included in the County's Fiscal 2013/2014 annual budget. • Approval by the Orange County Board of Commissioners after holding a public hearing on April 9, 2013. Attachment 14 lists the detailed procedures for notifying property owners prior to conducting a public hearing. • Approval by the North Chatham Fire Department Board of Directors • Approval by the State Fire Marshal's Office • Approval of new Fire Protection and Emergency Services Agreements before July 1, 2013 for the three (3) new Fire Service Districts Michael Talbert said if this moves forward, it will take 4-6 weeks to get to a public hearing and a letters will have to be sent to all parcel owners in the three fire districts outlining plans with maps provided. He said this will be about 6,000 letters mailed out 4 weeks prior to a public hearing. Michael Talbert said if this goes forward, then the Board of County Commissioners could approve the creation of the new districts. He noted that this would also have to be approved by the North Chatham Fire Department and the information would be sent to the State Fire Marshall's office, with an eventual move toward a new fire protection and emergency services agreements with the three providers. Michael Talbert again reviewed the three recommendations stated earlier. Commissioner Dorosin asked for clarification on the one year opt out and asked if the opt out was possible only in the first year or anytime each year. Michael Talbert said the option is available at the beginning of each fiscal year and notice would have to be given prior to June 30. Commissioner Gordon said that Orange County has opted out by cancelling the existing service contracts for these three areas. She said the contracts will run until June 30, 2013 and then they must be renegotiated and signed to go into effect July 1. Frank Clifton said either party can opt out of a contract with a year's notice. He said the contracts were written back in the 90's and times and issues have changed, so the effort now is to standardize the contracts with each of the districts and towns and deal with some of the issues. He said that his recommendation is that a 5 year agreement be entered into and the town can opt out, if it so chooses. PUBLIC COMMENT: Mayor Kleinschmidt thanked Michael Talbert for his assistance with this matter. He said it was Michael Talbert who suggested that Chapel Hill do a two year contract. He said that Chapel Hill was mainly concerned about the planning implementations. He noted that all but a fraction of this property is in the ETJ of Chapel Hill and the town provides emergency services and inspection work in this area. He said the laws that govern annexation are so different now that these areas will probably never be annexed absent an incentive to encourage residents to seek membership. He said this discussion of fire districts sparked a desire of the Town Council to encourage these residents to want to become part of Chapel Hill voluntarily. He said these are Orange County residents that live near the town limits of Chapel Hill, and Chapel Hill is providing the services to the people in the ETJ and are paying the taxes for it. He said these residents believe that the properties built out on the edge of the community should become part of Chapel Hill. Mayor Kleinschmidt said it was decided to move to a two year agreement so that Chapel Hill could have this conversation about how to rationally plan for their area. He said the tools that created the map are no longer useable and the concept of Chapel Hill residents paying for services in the unincorporated areas is no longer workable because the area will never become part of the town. He said Chapel Hill will continue to service this area like they always have. He asked the Board to respect the only change that the Council asked for, limiting the number of years on the agreement and he encouraged the Board to engage with them in this conversation. He said if they were to contract with Carrboro to do this, Chapel Hill Town Council would be very disappointed. He said he has asked the Mayor of Carrboro to respect this as well. If it is Orange County's will to consider a 5 year term, to then to please send it back to the Council to consider this again, rather than declaring it to be true. Commissioner Dorosin asked why the opt-out provision would not accommodate the town's concerns. Mayor Kleinschmidt said this is basically a two year contract for five years and it may suffice, but it is not what the Council approved. He said that there are complicated political issues and an opt-out in the middle of a contract period is just another political decision in an already complicated environment. He said believes an agreement should be reached between the two parties. Commissioner Dorosin said the agreement as provided meets everyone's goals and even if everyone agrees to 5 years, the opt-out is still in the agreement. Mayor Kleinschmidt said the Town of Chapel Hill wants to provide fire services to this area because it is in alignment with the town's interest in annexation. He said it is rational for Chapel Hill to be the service provider but the town is asking for opportunities to continue to engage in a conversation that is unique to this area. He said that if there are times in which the conversation must be had because of renegotiation of a contract, then that provides an opportunity for discussion. Frank Clifton said the reason this issue exists is because the state made changes to the rules for insurance coverage and most of the people in the green area of the map were left without insurance coverage. He noted that Michael Talbert spent a lot of time trying to find a solution. He said that when Chapel Hill was first approached, the response was that annexation needed to happen or service would not be provided. He said that this was when Carrboro was contacted and the staff indicated a willingness to move forward. He said that one of the issues at a staff level, is that 6,000 letters will be sent out explaining this situation to residents in this district and a two year agreement would necessitate that process be done all over again. He said that Carrboro is giving up territory and Chapel Hill is gaining territory and in the end, the county nets zero and is trying to do the most logical thing to service the citizens. He said that mutual aid is the nature of emergency services. He said that there is no intention to create disagreements between the two towns. He said that a public hearing date cannot be established until a consensus is reached and the notification process can move forward. He noted that in the meantime there are residents who may or may not be able to get insurance, re-finance, or sell property; so a delay in the decision is an issue. Michael Talbert said time is of the essence. He questioned the time frame if the issue is sent back to the town of Chapel Hill and Mayor Kleinschmidt said the item can be on the Town Council's agenda on 2/27. Michael Talbert said the item would then come back to the Board of County Commissioners' agenda on March 7th, pushing the public hearing date to April 23. He said time starts to run out if this date is missed or goes much further out. Mayor Kleinschmidt said the town of Chapel Hill Manager is not authorized to enter into a 5 year agreement with the county but only a two year agreement. He said if they want a 5 year contract and not a two year contract then it must go back to Chapel Hill. Michael Talbert said Town of Carrboro has not been asked yet; so if the two year contract is not agreed to, then one of the other boards will have to consider the issue, which will push it back several weeks. Commissioner Rich noted that people who cannot get insurance could be annexed and get insurance; the residents just choose not to. She questioned why the districts have to be connected every time something is changed. Michael Talbert noted that Greater Chapel Hill will be its own separate district. Commissioner Rich questioned why 6,000 letters would need to be sent out now and again in two years. Michael Talbert said property would be potentially be taken from the existing fire protection district which can't easily be done without an election. He said the way around instigating that change is to not levy the tax within the fire protection district and create a Fire Service District encompassing all of the area. He said that this means everyone in both affected districts must be notified. Commissioner Rich clarified that if these letters are sent out and a two year agreement is established, then these letters would not need to be sent out again. She noted that only the contracts with the town and county would need to be revised. Michael Talbert said that is mostly correct, if the county chose to leave the districts exactly as set up and only changed service providers. Commissioner Gordon said that she would like to provide some perspective on this issue. She noted that there are three new fire service districts and there are a lot of households in these districts. She said there is a dilemma with 112 homes that are outside of the 6 mile range and a lot of work has been done to address this issue. She referenced attachment two which shows the 112 homes and the attachments showing the old and new South Orange Fire District. She said that the claim is that there is fire protection, but there is no service provider and no contract after June 30th. She said there are many homes not in the Greater Chapel Hill Fire District that are caught up in this issue. She noted that a deadline of February 1 st was given to get this work done and still have time to get the new districts to the State Fire Marshall's Office and negotiate the contracts, and now this is delayed. She said that these districts not involved in the greater Chapel Hill District need to somehow be moved forward. She asked for clarification of the steps and timeline necessary for the creation of the three fire districts and the negotiation and signing of three new contracts for fire protection. She questioned if these steps could be finished by a target date of May 21, 2013. Michael Talbert said the steps necessary, as mentioned above are as follows: 1) Schedule a public hearing, which takes 6 weeks from the time of a decision; 2) Contracts must be approved after the public hearing, by North Chatham, Town of Chapel Hill and Carrboro; and 3) The State Fire Marshal must give final approval. He said that the February 1 St deadline came from the State Fire Marshal's office as a deadline to have the maps submitted to have a revised insurance district for those 112 property owners by July 1St. He said there is still time to get the service districts established and sign new contracts and establish a tax rate for July 1St. He said the opportunity to have the State give final approval by July 1St has passed. He said that if the districts can be established, the State may or may not act by September or later to change the ISO rating. Commissioner Gordon asked how the contracts will be negotiated with the fire service providers. Michael Talbert said the contract with the providers would be effective July 1 St regardless of the ISO rating. Commissioner Gordon asked about the service district. Michael Talbert said the service district will be established prior to June 30th and contracts will be in place prior to July 1St Commissioner Gordon asked how far those contracts for North Chatham and South Orange have gotten. Michael Talbert said a first draft has been reviewed with the County Attorney. He said a second draft was reviewed with the Fire Department Chief's Association in January, and a final draft is expected in early March. Commissioner Gordon clarified that early March is the goal for North Chatham, the Town of Carrboro, and South Orange. Michael Talbert said this is for the whole Chief's Association and the plan is to eventually change all of the contracts. He said all three departments mentioned have been at the meetings and have given input on the contract changes. He said there will still be some negotiations after March but it will be done between March and May. Commissioner Gordon asked if it would be done by May 21 St and Michael Talbert said yes. Chair Jacobs said it seems like a lot of issues have been worked out at staff level and this is an opportunity for the town to try and achieve another goal separate from fire service. He said he is not in favor of involuntary annexation, but he is not averse to a discussion about why annexation is desirable for the residents in question. He said perhaps this discussion could be put into a framework of two years with a commitment to bring the annexation issue to a vote within those two years. He suggested a five year contract with a two year opt out, and a two year commitment for the county to help facilitate a discussion process with the residents for possible annexation. He said this will make it more of a mutual compromise and may address some of the issues Chapel Hill has with long term planning interests. Commissioner McKee said he sat through the Chapel Hill meeting in January and the discussion went entirely to annexation and not fire service districts. He said it is true that Chapel Hill responds to all fires in this area through a mutual aid agreement with other entities just like all the other departments in the county have with adjacent departments. He said this does not have to be this complicated and the people who are supposed to be helped are being forgotten and are not being discussed. He said there are 112 homes that through no fault of their own will incur an increase and are at risk of not being able to acquire insurance at some time. He said, a solution needs to be found to those 112 homes and this has been much more difficult than originally thought. He said the original deadline was missed and things were handed over the Fire Chiefs and the staff to come to an agreement and their agreement is the transfer of the property being discussed to Chapel Hill. He said the feedback he has received, said that before the January meeting, the rate was 10 cents. He said they are forgetting 200+ other homeowners that are proposed to get a 15 cent rate without much corresponding reduction in home owner's insurance. He said a problem is being solved with some folks and a problem is being created with others. He said all of the discussion is around planning, police and service provisions of Chapel Hill and this is not part of this discussion; this is about fire provision for this area from the perspective of a service to citizens and what is physically responsible. He questioned jumping to a 15 cent rate is fiscally responsible when there is a possibility of a 10 cent rate. He said he respects Mayor Kleinschmidt, but he does not agree with him. He said this has already been through the Chapel Hill Town Council twice with no solution and he will not object to sending it back for a third time. However, he asked that it be sent it back with a 5 year contract and if Chapel Hill opts out in one or two years to pursue annexation, that is the Town's prerogative, but it is not the Board of County Commissioners' job to propose or advocate for annexation for any town in this county. He said the issue of contracts is a separate issue, except for the three service districts. Chair Jacobs said it is 10:15pm and he said he asked that they defer items 7-c and 8-a. A motion was made by Commissioner McKee, seconded by Commissioner Rich to defer Items 7-c and 8-a. VOTE: UNANIMOUS Commissioner Gordon asked Mr. Brinson to have a more detailed report when he brings item 8-a back. The Board returned to item 7-b, and Commissioner Rich said that the goal is to help folks out, but to say there is no other solution to get insurance is unfair because the people could ask to be annexed and the problem would go away. Commissioner Rich asked where the idea of 5 year contracts came from. Michael Talbert said the original contracts back to 1992 were for 5 years with 1 year option out and the Fire Chief's Association asked for a long term agreement on a 5 year contract. Chair Jacobs asked how many fire departments had those contracts with the county. Michael Talbert said there are 12, 10 rural and 2 towns. Commissioner Rich said it is important to engage Chapel Hill one more time and there is time to squeeze it in. She asked if there has been any attempt to talk to the state insurance companies to ask why this is being done. Michael Talbert said it is state law if your home is located more than 6 road miles from the station in your fire district that provides your service, you are considered to have a class 10 rating or be un-insured. He said under 6 miles gives a rating called 9-s, which allows insurance, but at the highest rate. He said this was caused by technology like MapQuest and GIS that allows the insurance companies to get exact mileage. Commissioner Rich said the properties are less than 6 miles from Chapel Hill and Micheal Talbert said Chapel Hill is not the insurance provider or fire district. Commissioner Rich said this is the point, why would the insurance company not be engaged in the discussion. Michael Talbert said this was an issue for the State Legislature to fix. Frank Clifton said this is not the first item like this Orange County has had. He said one of the fire departments built a new station in another location to expand and cover some of the lost area and then some fire departments have entered into agreements to provide services outside the district. He said there were at one time, 1100 homes countywide that were 6 miles beyond the stations and were losing insurance coverage. He said the Board has worked several years to overcome these. Commissioner Dorosin said he endorsed Chair Jacobs' plan and he thinks that these people should be annexed. He said he also understands that the residents have been in the ETJ for 20 years and Chapel Hill had a long time to annex them but didn't . He said the Mayor's point about ETJ being a planning tool to allow growth has been commonly used by a lot of towns. He thinks the people should be encouraged to be a part of the town but there is ample recrimination to go around when looking at how this could have been done differently. He said this should go back to the town as a 5-year contract with a 2-year opt out. He disagreed with Mayor Kleinschmidt and said that every year when this comes up, there is opportunity to talk about the values of annexation. He said this reflects the interests of everyone involved. Commissioner McKee said there are multiple solutions to this problem; but this will not work out here like it has in other areas. He said he does not want to get into a situation where in two years this has to be done all over again. He noted the amount of time and effort invested already. If there is going to be another attempt to work with Chapel Hill, then there must be a 5 year contract with a one year opt out. Commissioner Pelissier said she too agreed with the need to go with a 5 year contract. She said it is important to make sure the people have the insurance at affordable rates, and then the town can talk about annexation. She said there needs to be a de-coupling of the annexation and the fire insurance issue. Commissioner Gordon asked how many contracts were canceled. Michael Talbert said just these three districts. Commissioner Price said she echoed Commissioner Pelissier and she believes these two issues need to be separated. She said people cannot be forced into annexation, and by waiting on the annexation issue, people are missing out on fire protection and ratings. Commissioner McKee said it is not in the Board's prerogative to get involved in annexation issues, and the focus needs to be on obtaining a solution specific to fire protection. He suggested the annexation be de-coupled from the fire protection issue. Chair Jacobs said that these issues can't be de-coupled if the Board is partners with the Town of Chapel Hill because it is a component of the decision on whether or not to participate. He agrees in principle, but partnerships require two parties and the Mayor has told the Board that the annexation is an important issue and there is a long standing relationship with the town of Chapel Hill that needs to be improved and not further undermined. He said he believes a partnership arrangement should be offered and this is why he made his earlier proposal. Commissioner McKee said cooperation is a two way street. Mayor Kleinschmidt said the Council understands that this neighborhood will not be in the city anytime soon; however there are 60,000 residents who live in Chapel Hill who have been paying for services to be provided to the neighborhood; and the fire district issue is one way to recapture some of that expense. He said the Council wants to work with the County and their belief is that annexation is the answer. He said that it is easy for Carrboro have a 10 cent tax because they are not actually going to send a truck, but Chapel Hill is providing the service and has been for 12 years for zero dollars. He said the 15 cents was calculated at 12- 13 cents for operational expenses and the 2-3 cent remainder being for long term capital needs and providing for the facilities associated with fire service. He said it is important to work on behalf of all the tax payers, including those inside the municipal limits of Chapel Hill who are burdened by this. Commissioner Gordon asked if Mayor Kleinschmidt had any concerns about asking for a 5 year contract with an opt-out. Mayor Kleinschmidt said he wants to be able to bring this back to the Council. He said that it can't be said that it will be a 5 year contract without bringing it back to the Council to have a signed contract. A motion was made by Commissioner Dorosin, seconded by Commissioner Pelissier for the Board to approve a recommendation for a 5 year contract with the Town of Chapel Hill, with a 15 cent tax levy per one-hundred dollar valuation of real and personal property rate, and for this recommendation to go back to the Chapel Hill Town Council for discussion; ask staff to clearly lay out the "opt out"provisions in the contract; for the County to agree to work collaboratively with the Town to explore ways to equitably provide and fund services to residents in and around ETJ areas over the next 2 years, and to ask staff to come back with suggestions to how to effectively implement this; to establish a public hearing, after the Town of Chapel Hill has discussed this recommendation, to consider the establishment of the three new Fire Service Districts - the South Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District. Commissioner McKee asked what equitable service provision meant. Commissioner Dorosin said that services are provided at equitable levels and costs. Commissioner McKee clarified that they are asking for a specific time and cost and service. Commissioner McKee asked for Commissioner Dorosin and Commissioner Pelissier to consider a friendly amendment to take out this last verbiage about equitable services. Commissioner Dorosin said they need to have this conversation at some point about how to provide services in all the potential ETJ areas and how those services are equitably distributed. He said he does not accept the friendly amendment. Chair Jacobs said the manager's recommendation should be added. Frank Clifton suggested the county and city staff should do an analysis of services currently provided within ETJs in all municipalities and the costs associated. Chair Jacobs said that is a good clarifying point about the motion, but it is not part of the motion. Commissioner Gordon proposed a substitute motion, as follows: That staff is directed to schedule a public hearing for April 9, 2013 or sooner to consider the creation of three new fire service districts- the South Orange Fire Service District, the North Chatham Fire Service District and the Greater Chapel Hill Fire Service District; that staff are authorized to move forward with a 5 year contract for the Town of Chapel Hill to provide protection for the proposed new Greater Chapel Hill Fire Service District at a 15 cent tax levy per one-hundred dollar valuation of real and personal property; that staff is instructed to move forward to complete the contracts with the other two fire service districts for which contracts were cancelled; that the agenda item giving the list of steps to create three fire service districts is brought back to the March 7 Board of Commissioner's meeting to be negotiated and signed, as well as a target date to complete the entire process of May 21, 2013; and that the Board work collaboratively with the town of Chapel Hill to address planning and service provision issues. Commissioner McKee seconded this substitute motion. John Roberts said the rules of procedure don't recognize substitute motions and require there to be only one substantive motion at a time. He said this is a hostile motion to amend the original motion and since it has been seconded, it needs to be voted on. He said if it fails, the original motion still stands and if it succeeds the original motion is null. Commissioner Dorosin asked how this motion is different than his, other than the specific inclusion of a timeline. Commissioner Gordon said it authorizes the proceeding forward on the other districts and contracts with the other districts and brings back specific timelines and a checkpoint for March 7. Commissioner Dorosin asked if, other than dates, there was any substantive difference. Commissioner Gordon said his motion does not have enough information in it and only seems to focus on greater Chapel Hill rather than comprehensive moving forward of all three districts. Chair Jacobs said with a hostile motion there is no room for debate. VOTE: Substitute motion —Aye, 3 (Commissioner Price, Commissioner Gordon, Commissioner McKee) Nays, 4 (Chair Jacobs, Commissioner Dorosin, Commissioner Rich, Commissioner Pelissier) Motion Fails VOTE: Original motion - UNANIMOUS Chair Jacobs made note that annexation does not appear in the approved motion. c. Jordan Lake Allocation Process and Requirement The Board was to consider adding funds in this year's budget process for utility engineering study/analysis on how to distribute via infrastructure future water allocations from Jordan Lake. DEFERRED 8. Reports a. Update on Status/Implementation of Addressing and Road-Naming Ordinance The Board was to receive an update report on the status/implementation of the Road Naming and Addressing Ordinance. DEFERRED 9. County Manager's Report NONE 10. County Attorney's Report John Roberts said he had forwarded information from the Town Attorney regarding an upcoming item on the quarterly public hearing. He said he has been in communication with the School Board Attorney's who say that they do not feel that the ordinance needs to be amended at this time and it would not need amending until 2017. He said that there was the possibility that no one at this table would be here in 2017 and the need for the ordinance to be amended will be forgotten. He noted that the School Board would not be the organization that would be sued or liable for any delays. 11. Appointments a. Orange County Nursing Home Community Advisory Committee —Appointment The Board considered making an appointment to the Orange County Nursing Home Community Advisory Committee. A motion was made by Commissioner Pelissier seconded by to appoint Dr. Tracey Yap to the Orange County Nursing Home Community Advisory Committee, for a full term ending on 1/30/2016. VOTE: UNANIMOUS b. Small Business Loan Program Board —Appointment The Board considered making an appointment to the Small Business Loan Program Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Dorosin to appoint Commissioner McKee to the Small Business Loan Program Board. VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon said she, Commissioner Price, and Commissioner Rich attended the Chapel Hill Town Council meeting to view resources for the Southern Orange County Government Services Campus. She said the Town Council had a good discussion and discussed the special use permitting process and the development agreement process. Commissioner Gordon said the Durham/Chapel Hill/Carrboro Metropolitan Planning Organization (MPO) released the 2040 MPO Report and Air Quality Determination and Analysis Report drafts. She said a public hearing will occur in March and both plans will be adopted in April. Commissioner Price asked that in future when there are legislative goals, the new Commissioners be informed of the process. Commissioner Pelissier said she had forgotten to mention something at the last meeting related to the new start applications to the Light Rail Component of the Transportation Plan. She said there has been no response from the Federal Transportation Administration. She highlighted a few things from the Association of County Commissioners' meeting, and said there was a visit from Assistant Secretary Gillespie who said that there will be a focus on cleaning up all contaminated water supply sites around the State. She said that there will be an effort to fund the priority efforts such as this. She said there was also a long discussion on fracking and that the 'fracking' bill was not limited to fracking but included offshore drilling. Commissioner McKee — pass Commissioner Dorosin — pass Commissioner Rich thanked the staff for the new member orientation and she thanked Commissioner Gordon for coming and sharing some of her history. She said that the Visitor's Bureau hosted Taste of Carolina last night and there were over 300 people at this event at the Carolina Inn. She said about 200 of those people stayed in town and this was a good economic development tool. Chair Jacobs said that he, Frank Clifton, Commissioner McKee and Donna S. Baker met with Congressman Coble yesterday and had a very amicable discussion regarding agriculture, conservation, economic development districts, 1-85 widening, high speed internet access, economic development districts and plans for bus transit in the central part of the county. He said the staff is opening an office by the end of the month in Efland and will be invited to a meeting for introductions. Chair Jacob addressed the SAPFO discussion and why this item is being pulled from the 2/25 Quarterly Public Hearing. He said that the two school systems felt they had not been consulted before a decision was made and there had been an agreement to delay bringing this to public hearing. Chair Jacobs asked Frank Clifton to come back with information on the development of the Walnut Grove Convenience Center. Frank Clifton said there is a wait for the rain to clear before paving can occur. 13. Information Items • February 5, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Structure of Mental Health Services in Orange County • BOCC Chair Letter Responding to Petitions from Commissioner Bernadette Pelissier during January 24, 2013 Regular Meeting 14. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Rich to adjourn the meeting into closed session at 10:51 PM for the purpose of: Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner McKee, seconded by Commissioner Rich to reconvene into regular session at 11:50pm. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Rich to adjourn the meeting at 11:50 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board