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HomeMy WebLinkAboutMinutes 03-07-2013 APPROVED 4/23/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING March 7, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, March 7, 2103 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Mark Dorosin COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs went through the items at the County Commissioners' places. • Blue sheet - Revised Item 5-e - Change in BOCC Regular Meeting Schedule for 2013 • White — Item 6-b PPT for Draft Orange County Comprehensive Transportation Plan • White -7b- map attachment for Schedule a Public Hearing Regarding the Establishment of Three (3) New Fire Service Districts • White - 7-c - PPT - Jordan Lake Allocation Process and Engineering Study Chair Jacobs said that Commissioner Dorosin is out of town and Commissioner McKee will be late this evening. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Buzz Koenig read a prepared statement. A request to the Orange County Board of Commissioners Special Request: We request that you convene a group of pertinent parties to investigate issues and options regarding current water management practices, under the current Voluntary Capacity Use Agreement, that severely impact the operations of Lake Orange, Inc. and the interests of residents and "Friends of Lake Orange." NOTE: This request has been suggested by the Orange County Manager and his staff Justified on the basis of the following additional reasons: 1. The Voluntary Capacity Use Agreement of 1988 is outdated and does not reflect current water user needs or other contemporary issues of the day. 2. Lake Orange Inc.'s financial operations are impacted by the continual breach of their contract with the County in maintaining water levels sufficient for "deeded recreational rights" and land development. 3. Current water release schedules for Lake Orange have not been revised due to the additional capacity of the West Fork Reservoir since it was brought online in 2000; the planned second phase of the WFER will increase its storage by an additional billion+ gallons with no relief defined for Lake Orange. 4. Application of the NC DWR's "Hydrological Model" demonstrates that the "Safe Yield" for Lake Orange is being exceeded by the current management plan while the WFER is being underutilized. 5. The revision of the Volunteer Capacity Use Agreement may affect current investigations and decision alternatives regarding water supply sources (e.g.: Jordan Lake, OWASA, Haw River) Current practices affecting Lake Orange's water level represent a significant problem to Lake Orange, In. and those of us who enjoy use of the lake; there are options. We seek `common ground' among all parties to mitigate the situation and be more sensitive to the needs of Orange County residents, commercial businesses, and the value of our limited water-related recreational assets we have in the county. George T. (Buzz) Koenig President, Friends of Lake Orange Don O'Leary said at the last meeting he had requested a response to sit down and meet and Chair Jacobs said this is forthcoming. He said Orange County is committing high treason. He said that he spoke as an expert on ICLEI and Article 21. He said that there was quite a response. He said that he is creating a task force to eliminate ICLEI. He said that one way or another, Orange County is going to get out of ICLEI. He said that he is doing what he has to do. 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 Commissioner Gordon petitioned to have a more formal process for the closed sessions. For each closed agenda item the Board should receive these closed session items along with their regular meeting agenda packet. The packet would include an agenda abstract with the purpose of the item, any decisions that the Board is expected to make, and any relevant background materials because of the closed sessions. She said the Board sometimes gets these materials during the meeting and it is a lot of information to process at such late hours of their closed sessions. Chair Jacobs petitioned for staff to look at Outlook, and whether Outlook is the instrument to use for the County and Board business. Chair Jacobs said IT Interim Director Jim Northup is here and he would like for staff to find out if there are any viable alternatives to Outlook. If other County Commissioners have concerns, he asked them to please get in touch with Mr. Northup. 4. Proclamations/ Resolutions/ Special Presentations-NONE 5. Consent Agenda • Approval of Remaining Consent Agenda A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: VOTE: UNAIMOUS a. Minutes — None b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for twenty-one (21) taxpayers with a total of twenty-two (22) 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 ten (10) taxpayers with a total of twenty-two (22) bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Request to Add Colposcopy Fees to Health Department Fee Schedule The Board approved a Health Department request that the Board of County Commissioners adopt fees for Colposcopy services approved by the Board of Health at its January 16, 2013 meeting. e. Change in BOCC Regular Meeting Schedule for 2013 The Board approved a change in the County Commissioners' regular meeting calendar for 2013 to move Clerk/County Attorney Evaluation Meeting FROM Tuesday, March 26, 2013 TO Tuesday, April 30, 2013 at 6:00 p.m. at the Link Government Services Center, 200 South Cameron Street, Hillsborough, so as to allow time for subcommittee to review/develop evaluation process/tools. 6. Public Hearings a. Joint Public Hearing with the Historic Preservation Commission for the Captain John S. Pope Farm Local Historic Landmark Designation The Board conducted a joint public hearing with the Historic Preservation Commission (HPC) to receive public comment on the application and proposed ordinance to designate the Captain John S. Pope Farm as an Orange County Local Historic Landmark. Historic Preservation Members Present: Todd Dickinson, Chair, Steve Rankin, Vice-Chair, Statler Gilfillen, Bob Ireland, and Rob Golan Historic Preservation Members Absent: Joanna Lelekacs, Pete Sandbeck said this item is to conduct a joint public hearing between the Board of Commissioners and the HPC to receive public comment on the application and proposed ordinance to designate the Captain John S. Pope Farm as an Orange County Local Historic Landmark. He said this is part of the statutory process and the owner of the property is eager to obtain this designation. He said this application has been reviewed by the HPC and approved and by the state cultural office and approved. The background on this item is shown below: In 1991, Orange County adopted the "Ordinance Creating the Historic Preservation Commission (HPC) of Orange County", also referred to as the "Historic Preservation Ordinance". A few years later, in 1997, the County adopted a voluntary program to designate properties of local historic and architectural significance called the Local Landmark Program. One of the HPC's duties is to recommend properties for local landmark designation. Properties may be designated as individual landmarks or as part of historic districts. Properties must meet a higher standard of historic and/or architectural significance to be designated as an individual landmark. The higher standard is appropriate since landmark property owners are eligible for a fifty percent (50%) property tax deferral as long as the site continues to retain its historic character, as provided by North Carolina General Statutes under 160A-400.1-400.14. The historic landmark designation process, outlined in Article 3 of the County's Historic Preservation Ordinance, involves several steps culminating with the adoption of an ordinance for each individual landmark site or historic district. At its January 23, 2013 meeting, the HPC accepted a Part 2 application from Mr. Robert Pope to consider his property, the Captain John S. Pope Farm, for designation as an Orange County Local Historic Landmark, thus initiating the application process (Attachments 1 and 2). Mr. Pope's application materials were submitted to the State Historic Preservation Office (SHPO) for review and comment as required by the Historic Preservation Ordinance. The HPC received a favorable response from the SHPO staff (Attachment 3). The HPC concurred with the SHPO's evaluation that the Captain John S. Pope Farm was worthy of consideration for local landmark designation (Attachment 4). The HPC voted unanimously to request a joint public hearing with the BOCC, as required by Section 3.7 of the Historic Preservation Ordinance (Attachment 5). In addition to the landmark designation process described above, members of the HPC endorsed a proposed National Register Nomination for the Captain John S. Pope Farm and voted unanimously to support this nomination at the January 23, 2013 regular meeting. The BOCC likewise endorsed the proposed National Register nomination for this property at the regular BOCC meeting on January 24, 2013. The Captain John S. Pope Farm was subsequently approved for final nomination to the National Register of Historic Places by the State National Register Advisory Committee and the State Historic Preservation Officer on February 14, 2013. The Pope Farm is one of the best-preserved historic agricultural complexes still surviving in northern Orange County, exemplifying a mid-sized tobacco farm of the type that prospered here from the late 19th century until the 1960s. The farm complex consists of the original two-story farmhouse, built 1870-74 for Captain John S. Pope, and twenty outbuildings dating from the 1870s to the 1960s. The farm has remained in continuous operation by the Pope family and retains the original property acreage as well as the historic pattern of fields and forests. This is a routine public hearing required by state enabling legislation and the County's Historic Preservation Ordinance. Following this joint public hearing, the BOCC and the HPC will take into consideration any public comments in preparing the final ordinance. The HPC will then return the final version of the proposed ordinance for the Board's consideration and adoption at their April 9th meeting. NO PUBLIC COMMENT Commissioner Rich said this was very informative and thanked the staff and HPC for their work. She asked how many properties in Orange County have this status. Pete Sandbeck said there are five properties in Orange County at this time and the process takes about six months. Chair Jacobs said the County Commissioners did bring forth the HPC comments to the joint meeting with the Town of Hillsborough. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to refer the designation ordinance back to the Historic Preservation Commission for its final review and recommendation, with the HPC returning a final version of the proposed ordinance for the Board's consideration and adoption at their April 9th meeting. VOTE: UNANIMOUS b. Draft Orange County Comprehensive Transportation Plan The Board received the Orange Unified Transportation Board's recommendation, considered closing the public hearing, and making a decision on the draft Comprehensive Transportation Plan (CTP) for Orange County's rural areas. Commissioner McKee arrived at 7:22 PM. Comprehensive Planning Supervisor Tom Altieri made a PowerPoint presentation. Draft Orange County Comprehensive Transportation Plan *Rural Area* March 7, 2013 BOCC Meeting Item 6b Purpose 1. Receive the Orange Unified Transportation Board's recommendation. 2. Close the public hearing which was held January 24th and adjourned to tonight. 3. Consider adoption of the Comprehensive Transportation Plan maps. 4. Provide any additional comments on the technical report to NCDOT for its consideration in the final report. What is a CTP? (Comprehensive Transportation Plan) - 4 maps and cover sheet with supporting documentation - Long-range (2035), multi-modal, fiscally unconstrained (no funding or priorities) o Highway, Public Transportation, Bicycle, Pedestrian - Replaces previous thoroughfare plans - Designed to be easily updated in order to remain relevant Reminder: this plan is for RPO area and encompasses no municipalities. OUTBoard Recommendations th - At its February 20 meeting, the OUTBoard unanimously recommended approval of the CTP with minor revisions to the maps; and - Provided comments on the technical report. Maps Highway Map: - Line style and color used to show Minor Thoroughfares should be changed to be more visible. - Extend Minor Thoroughfare "Needs Improvement" line on Efland-Cedar Grove Rd from Carr Store Rd to the U.S. Post Office. Public Transportation Map: No change. Bicycle Map: No change recommended unless an off-road bicycle path would be a desirable option along Old NC 86 between Arthur Minnis Rd and Ode Turner Davis Rd. Pedestrian Map: Correct labeling of Rural Community Nodes. General Comment: Clearly label the MPO boundaries on all maps. Highway Map Excerpt: Extend the Minor Thoroughfare `Needs Improvement' line on Efland-Cedar Grove Road north from Carrboro Store Road to the northern property line of the U. S. Post Office. The Post Office is one of the larger trip generators in the area. Bicycle Map Excerpt: To establish consistency between CTPs: Option 1: No change. (Staff's recommendation) Option 2: Add off-road bicycle path to map. Report Comments Comments to be forwarded to NCDOT for consideration in final report. In general, comments involve requests to: - Clarify the description of the Pedestrian map; - Add descriptions of highway shoulder widths and paving details; - Revise bicycle project description for Efland Cedar Grove Rd to be consistent with proposed map addition; - Add a statement at the end of the Old NC 86 description relating to bicycle safety and dangers posed by hilly and curvy nature of the road; and - Add statement that expansion of commuter rail in MPO areas may have traffic impact on "feeder" routes. Manager Recommendation 1. Receive the OUTBoard recommendation of approval; 2. Close the public hearing; 3. Adopt CTP Maps (Attachment 5) to include revisions recommended by the OUTBoard; and 4. Provide any additional comments the Board may have on the CTP technical report (Attachment 4). NO PUBLIC COMMENT Chair Jacobs asked about the off road bike route and where this would occur. Tom Altieri said if he is referring to one of the alternatives the OUTBoard suggested and if there was a desire to have a bike path on this route- between Hillsborough and Carrboro - then it would be outside of the DOT right-of-way and it would be the first bicycle path of this type in Orange County. Staff has not discussed this. If the County Commissioners would like to pursue this, they would like to involve the MPO and their partners. Chair Jacobs asked how the bike plan regards the alternative routes that people already use. He said that it would make more sense to have bike lanes on these routes other than NC 86. Tom Altieri said he did believe that was the OUTBoard's preference and staffs' too. There are other routes that would be preferable and those would be on-road as opposed to off-road. Chair Jacobs asked what the County Commissioners were being asked to do. Tom Altieri said that the Board is being asked to approve the maps with the OUTBoard recommendation, choosing either Option 1 (no change) or Option 2 (showing the off-road bicycle map). In either case, staff needs to coordinate with the MPO. Commissioner Gordon said the RPO is the ahead of the MPO in their discussion of the CTP and if they decide to remove this section, there would be a discussion at the MPO. A motion was made by Commissioner McKee, seconded by Commissioner Price to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to Adopt Part 1 (Attachment 5) of the Comprehensive Transportation Plan to include map revisions recommended by the OUTBoard (Attachment 2), and to include option 1 on the Old 86 Bike route, which is to make no changes in the map. Commissioner Rich said she liked option 2 to be sent to the MPO for discussion. Commissioner McKee said option 2 would require access of and purchase of rights-of- way from DOT and he is not sure if homeowners would want to do this. He said they are only talking about a short section for an off-road travel way on Old 86. He said it would not be justified to have a short segment. Commissioner Rich said she really wants to have a conversation about safety and gather sufficient information about this. Chair Jacobs said Orange County has no funding for bikes and it is up to DOT. He would rather see bike lanes on less traveled roads. Commissioner Pelissier said she supports option 1 that Commissioner Gordon made in her motion because she sees more bikers on the safer, straighter roads. Commissioner Price agreed with option 1 as well. VOTE: Ayes, 5; No, 1 (Commissioner Rich) 7. Regular Agenda a. License Agreement for Farmers Market Pavilion — Eno River Farmers' Market, Inc. The Board considered the approval of a new license agreement for the Eno River Farmers' Market, Inc. (ERFM) for use of the Farmers' Market Pavilion from April 1, 2013 through March 31, 2016 (existing agreement expires March 31, 2013) and authorizing the Chair to sign. Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil said on May 5, 2009 Orange County entered into a license agreement with the Eno River Farmers' Market, Inc. (ERFM), for use of the Farmers' Market Pavilion. The Pavilion is located within the County's River Park and is just south of East Margaret Lane behind the Orange County District Attorney's office. On March 13, 2012 Orange County and the ERFM agreed to a one year amendment of this agreement. The amendment included some changes, most notably a clause stipulating payment by the ERFM to Orange County for use of the Pavilion two days each week during the term of the agreement. The agreed upon rate was $500 for the year. He said that a new draft license agreement (in their agenda packet) continues the $500 annual rate for an additional three years. The agreement also stipulates (at the Market's suggestion) that the ERFM will use the Pavilion only once per week (on Saturdays from 6:OOam to 1:00 pm). The Agreement excludes Hog Day weekend, but adds three additional Saturday periods for special events. In total, the number of events does not exceed 54 in a given year. Otherwise, there is no substantive change from the amendment. David Stancil said the County will be responsible for utilities, restroom cleanup, and routine site maintenance. ERFM will be responsible for removing solid waste and recyclable content from the on-site containers after each event, as well as a general sweeping of the pavilion floor and a general litter policing of the area. The proposed agreement has been reviewed by the ERFM Board. While in agreement with most of the provisions, the ERFM proposes to instead pay an annual fee of$300 for use of the Pavilion. The ERFM Board plans to use the Pavilion on Saturdays only in the upcoming lease, and has inquired as to a reduction in the annual fee on this basis. Commissioner Rich asked what the fee actually covers. Dave Stancil said it is in lieu of a usage fee such as cleaning, etc. Frank Clifton said the $500 rate allows the ERFM to use the facility every Saturday. Commissioner Price said this is a pavilion for all to use but it was actually built for a farmers market and Chair Jacobs said yes and that the County received federal funds. PUBLIC COMMENT: Amanda Sherle said she is the Farmer's Market manager and she is glad for the County's support. She said they do ask for a reduction in fees due to the reduction in hours since they cut out the Wednesday markets. She said the vendor fees have had to be raised this year. If the fee is reduced, the Farmer's Market would like to provide more community events. A motion was made by Commissioner McKee, seconded by Commissioner Price to approve the ERFM request for a reduction in license fee to $300, approve the License Agreement, and authorize the Chair to sign the Agreement on behalf of the Board. VOTE: UNANIMOUS b. Schedule a Public Hearing Regarding the Establishment of Three (3) New Fire Service Districts The Board considered scheduling a public hearing for April 23, 2013 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 the action the staff is requesting is a date for this public hearing for three new fire service districts: the South Orange Fire Service District, the Greater Chapel Hill Fire Service District and then a new third district for which there is a change. The new proposal is to change from the North Chatham Fire Service District to the new Southern Triangle Fire Service District. That change is shown in the new Attachment 4. The North Chatham Fire Insurance District has two fire districts. The new proposal is to include just the portion of this district that is east of 15-501, which would be the remainder of the Southern Triangle fire district. The processing time for the Tax Department for this change would be reduced greatly. The Town Council unanimously approved the service agreement for the new Greater Chapel Hill Fire Service District and the Town's current fire district will be expanded to a five-year contract at a rate of 15 cents. He said the next steps would be to schedule a public hearing proposed for April 17th at Carrboro High School instead of April 23�d. Once the public hearing is held, this will move forward. Commissioner Rich asked if the new map affects the costs to residents. Michael Talbert said the existing tax rate in Chatham County will be going up from 5 cents to 8.8 cents. This will be clearly explained at the public hearing. Commissioner Gordon asked why the proposal is being made to change from the North Chatham Fire Service District to the Southern Triangle Fire Service District. Michael Talbert said that the original intent was to make the fire service districts correspond to the fire insurance districts. Both the Damascus fire protection district and the Southern Triangle fire protection district are in the North Chatham fire insurance district. However, since the Damascus district is not being changed, it is not necessary to send out notices to that area. Commissioner Gordon made reference to page 4 and the actions that need to be taken before the new fire service districts can be created and she read these. She asked about the target date for Board of County Commissioners' approval. She is concerned that the contracts be in place before they expire on June 30. Michael Talbert said the earliest possible date would be April 17th or April 23 d after the public hearing. The quicker they act the quicker they can send to the state. The state expects a six-month process. Discussion ensued about the ending date for the fire contracts. Frank Clifton said that the fire contracts are separate from the insurance districts and insurance rates. Commissioner Gordon suggested changing this to say "submit for approval to the state." She said it should be presented to the County Commissioners no later than June 18, 2013. She said it would be a mistake to hold a public hearing on the same night as this is approved. She said it would be better to have the public hearing April 17th and then the approval on April 23,d Commissioner McKee said it is unfortunate they are trying to deal with so many different concepts in one package. He said the approval of the fire contracts for fire protection is not tied into the fire service districts or state agency approval. It is a county responsibility to get these contracts in place. He said the separation of the Southern Triangle in two different sections is good. He said he has no problem with holding a public hearing and voting on the item at the same meeting such as April 17th. He said he will support this solution because it has been over a year in the making. Chair Jacobs said the County Commissioners all appreciated the work by the Emergency Services Work Group and staff. Commissioner Pelissier agreed with Commissioner McKee but she is not sure there should be a separate date for the public hearing. Frank Clifton said if they are going to send out 3,000+ letters, that could lead to a very large crowd and they felt this was a way to accommodate all who wanted to speak, having the meeting at the high school. Commissioner Pelissier said, in that case, she changed her mind. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to schedule the public hearing on April 17,2013 at Carrboro High School and that the actions they need to take before the three new fire service districts are created and included in county budget would be: • Approval by the Orange County Board of Commissioners on April 23, 2013 • Approval by the North Chatham Fire Department Board of Directors in April 2013 • Submission for approval by the State Fire Marshal's office • Approval by the Orange County Board of Commissioners of new Fire Protection and Emergency Service Agreements on or before June 18, 2013 for the three new Fire Service Districts Commissioner McKee said he would second this with friendly amendment to specify the three new fire service districts as the South Orange Fire Service District, the new Southern Triangle Fire Service District, and the Greater Chapel Hill Fire Service District. The amendment was accepted by Commissioner Gordon. VOTE: UNANIMOUS C. Jordan Lake Allocation Process and Engineering Study The Board considered adding funds in this year's budget process for utility engineering study/analysis regarding the infrastructure distribution program for future water allocations from Jordan Lake. Planning Director Craig Benedict made a PowerPoint presentation. JORDAN LAKE PARTNERSHIP & Water Supply Allocation Process A. Background HOW we got here? • State DENR Opens Jordan Lake Additional Water Supply Allocation Request Process • Jordan Lake Partnership (JLP) MOU 2/17/2009 • Partners includes Orange, Durham, & Wake County & Cities • Pre-Application Process • Standard Demand and Supply Assumptions DENR Application Contents I. Water Demand Forecast II. Conservation and Demand Management III. Current Water Supply IV. Future Water Supply Needs V. Alternative Water Supplies VI. Plans to Use Jordan Lake B. Infrastructure Engineering Study WHY do we need to do this? and WHAT is it? This study determines: • Feasibility and design • Pipe sizes and distances • Various water system models From: Source(s)(Jordan Lake or other) Thru: Water Resource Partners (Durham, Hillsborough, OWASA, etc.) To: EDD Customer Zones Study Issues Infrastructure Engineering Analysis Existing and Necessary • Bolster Jordan Lake Application Request • Non-Utility Entity is Unique Situation • Further Dialogue and Partnerships with Local Utilities and Cities C. Next Steps th • Further Discussion at March 12 BOCC Work Session st • Orange County Draft Jordan Lake Application Due April 1 • Add the Engineering Design OC Share ($49,901) 2013-2014 Budget Process ■ Final Draft Application Due July 1, 2013 Commissioner Pelissier said the average use in the OWASA service area per day is about 8 million gallons. She said that it is striking that Orange County is going to ask for 4 million per day. She said there is no connection with Mebane and she thought she understood that Mebane had sufficient water in the Buckhorn EDD. She asked about the yellow areas in Hillsborough and said not all of these areas are in the Hillsborough EDD. Craig Benedict said 4 million gallons does seem like a lot compared to OWASA and these areas are appreciable to the size of those jurisdictions. There is a possibility of using less than 4 million gallons. Regarding Mebane, it has adequate water supply in the short-term horizon. Regarding Hillsborough, these areas are in the urban transition. There have not been any definitive answers from Hillsborough about whether it will use the second phase of the allocation. Commissioner Rich asked if Orange County has ever used any water in its allocation and Craig Benedict said no, because it is a level two allocation, which is a reserve. Commissioner McKee said he is pleased to see the potential of an allocation of an additional amount. He said economic development will require a lot of water, and he supports this allocation. Chair Jacobs asked if there are there any inter-basin transfers involved. Craig Benedict said the City of Durham has a grandfather clause and this is still a topic of consideration. Chair Jacobs said this is like a big poker game and the stakes are raised now and entities have to put in more money. Frank Clifton said the request is now just in a draft stage. The uses discussed tonight have been mostly domestic, but the future uses may be more commercial. This will be discussed again at the work session next week. d. Proposal to Move Toward a Franchise to Privatize Curbside Solid Waste and Recycling Services in Unincorporated Area of Orange County The Board discussed a proposal to move toward a county-wide franchise agreement that would privatize curbside Solid Waste and Recycling Services in the unincorporated areas of Orange County. Chair Jacobs said this is a process that is projected to take eight months. He said the County is not trying to back away from its commitment to recycling. Frank Clifton said the systems in place now will be changing and this is one option. Michael Talbert said they are going to talk about the possibility of moving forward and this will have no impact on the solid waste convenience centers (SWCC). Orange County is moving forward with closing the landfill and as they do this June 30, 2013 much will still remain at that site such as the C&D landfill and white goods, but will be part of the recycling budget. He said Orange County does recycling better than anyone in the state but doing that is not cheap. He said right now solid waste in the unincorporated areas of Orange County is provided by private haulers. There are about 12 private haulers in and around Orange County. The towns collect their own solid waste within their town limits and after June 30th they will be looking at other options to take their waste rather than the landfill. The earliest implementation of this new program will be July 1, 2014. An anticipated timeline, if Orange County moves toward the Franchise of Curbside Solid Waste and Recycling services in Unincorporated Area of Orange County is: - March 15, 2013 — Notice to existing private solid waste collection services of the April 23, 2013 meeting to discuss Franchise Agreement and displacement of private solid waste collection services. - April 23, 2013 Public Hearing to discuss Franchise Agreement and displacement of private solid waste collection services implementing the 15 month public notice requirement - April 23, 2013 — June 15, 2013 Create Request for Proposals (RFP) — Franchise Agreement June 15, 2013 —August 15, 2013 RFP available for vendors to response August 15, 2013 — September 30, 2013 staff evaluation of proposals and negotiations with vendors October 8, 2013 Work Session discussion of Franchise Agreement November 5, 2013 Public Hearing to consider Franchise Agreement November 19, 2013 Board approval of Franchise Agreement July 1, 2014 — December 31, 2015 — Phased Implementation of Franchise Agreement PUBLIC COMMENT: Bonnie Hauser spoke for Orange County Voice. She said with the landfill closing, we welcome a fresh look at solid waste and recycling services to the unincorporated parts of the county. As you know, for our small, complex county, one-size-fits all models don't work. Communities near towns tend to enjoy town-like services like trash and recycling curbside collection. The county reports 5000 out of the 20,000 county families — about 1/4 -- use curbside trash services. The rest prefer to use the county's five convenience centers. We hope you privatize rural recycling collection — in a voluntary program where county households can opt out. As you know, the town program is already privatized and it works well. We see no reason to pursue waste franchises. Today— private haulers large and small, provide good service at reasonable cost. The Solid Waste Work Group opposed franchises in fear of displacing small, local providers, such as Efland Trash Services, who is here tonight. We opposed more fees. This may be a good time to take a victory lap on the 56% waste reduction rate, and shift your focus to costs and service. With the landfill closing, and the towns going their own way, waste reduction is no longer a reliable measure. Now we need your attention on the fiscal impact of losing millions of dollars from landfill fees, and major new expenses to upgrade convenience centers and haul our trash out of county. Don't worry—we'll still compost and recycle — and the county's work with schools and apartment complexes will help no matter how you measure it. To citizens, what matters is transparency in services, costs and fees. You discussed this at length last week. Most households -- town and county— don't realize that they already pay 3 solid waste fees, and more in property taxes. That's in addition to whatever they pay for curbside trash services. So here's some questions we hope you'll ask tonight: 1. Can the county quickly privatize rural recycling collection and make it a voluntary program. Is it possible to add county families who want curbside recycling to the program for town residents? 2. What are waste franchises and why pursue them? Who benefits? How will services and fees be affected? Will local companies be displaced? Can vendors match the services people are currently receiving? 3. Are there other ways to save money and/or improve service? For example, can vendors help haul materials from convenience centers? 4. Finally, how will services, costs and fees change as the landfill closes? Is it possible to simplify fees and provide more transparency so citizens can understand how fees relate to services and costs. We'd like to see the county quickly privatize recycling and make it voluntary. We hope you'll delay discussing new services until we all understand the fiscal realities of closing the landfill, and have a simplified fee structure that aligns to service and usage. Thankyou Janice Palmer thanked the Board of County Commissioners for their work for Orange County. She said she is interested in being educated and she asked why a change was needed. She asked if there had been a study of the pros and cons and the effect of these changes. Rob Taylor said he is speaking from three perspectives. He said as a citizen he appreciates the curbside recycling and he is afraid that he may have to pay more under a franchise and that there seems to be a lack of transparency with this option and process. As a past County employee, he knows this service is co-integrated with many other services that are provided and he said he is worried that if they pull this apart, these others parts may cease to exist. As a state employee, Orange County's recycling program is the most effective in N.C. and franchise programs are less effective that he has seen across the state. Joe Clayton said prior to coming under Orange County's control, these programs were run poorly. He is now a solid waste economist and he said everyone needs to be included in the program and everyone should benefit. He said the County should be completely honest and open. Jessica Bolllinger said she has an Efland Trash service and she started this business. Her business is specifically set up to handle long, narrow driveways that trucks cannot handle. She said she believes her business will suffer if Orange County franchises solid waste. Jan Sassaman was speaking as a resident of Chapel Hill and not as a member of the Solid Waste Advisory Board. He said he appreciated that this is a process but he feels a sense of urgency with this process. He said the recycling program of Orange County is doing fine. He said a subscription based program would create a disincentive to recycle. He asked staff to identify the specific issues they are trying to resolve. He said this proposal is counter to the long-range solid waste plan adopted by the County Commissioners. Tom Linden said he has not heard any compelling reasons to go to a franchise system and he is afraid they will be going with an "opt in" system which may reduce recycling in Orange County. Jim Ward from Chapel Hill Town Council said in his opinion this recommendation represents a precipitous decision that begins to sabotage the County's program. He said the information he has seen has come out of the Manager's office. He does not understand why the County would want to dismantle the recycling program. He fears that the premiere recycling program would cease to exist. He would like the Board to discuss the other options in a public forum. Commissioner Rich said she would like to digest the public's comments before the Board moves forward. Chair Jacobs said the next step was to schedule a public hearing on April 23 d at the Southern Human Services Center and whether to pursue a franchise agreement process. Commissioner Rich said she is hearing that maybe there may be more discussion that needs to take place before considering a franchise. Commissioner Price said the public has asked for pros and cons and how to do this and that there should be a public hearing. She asked if this was possible in advance of the public hearing. She said she felt uneasy with moving forward with just one option. The Board needs to explore other alternatives. Chair Jacobs asked Frank Clifton if it is reasonable to have a more detailed discussion at one of the future meetings. Frank Clifton said the process is laid out like it is because it is a laborious process that must be followed. Commissioner Price said with the timeline it assumes that the Board wants this option alone. Frank Clifton said the staff has not made any decisions yet. The Board still can decide on any of the options. At any point there can be more meetings and more public input. Chair Jacobs said there is time before April 23 d to have a full discussion on the pros and cons and that could precede the public hearing. Commissioner McKee agreed with Chair Jacobs and said that would be a path to follow - to hold the April 23 d public hearing but have this item on another regular meeting or work session to discuss this further. Commissioner Gordon asked when the other meeting would be held. She said the public hearing does set the Board on this path. Frank Clifton said there is a timeframe by state statute to send out notices to existing vendors and this would need to go out by March 15th. This is the deadline for everyone to be notified. Chair Jacobs said he was envisioning taking a block of time at one of the regular meetings and having this as an agenda item. Commissioner Pelissier said the Board is not committing to anything other than adhering to a timeline. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to approve the scheduling of a public hearing to discuss a proposal to move toward a county- wide Franchise agreement for curbside Solid Waste and Recycling Services in the unincorporated areas of Orange County for April 23, 2013 with a discussion of options at the April 9th meeting, with a mail-out of notices to vendors on March 15th VOTE: UNANIMOUS 8. Reports a. Update on Status/Implementation of Addressing and Road-Naming Ordinance The Board received an update report on the status/implementation of the Road Naming and Addressing Ordinance. Orange County Tax Administrator Dwane Brinson reviewed the background of the ordinance. In December 2011 the Board of County Commissioners adopted a Road Naming and Addressing Ordinance. Affected areas include those outside municipal jurisdictions. In November 2012 the County's Geographic Information Systems (GIS) operations were delegated under the direction of the Tax Administrator. Additionally, the Land Records/GIS Division Manager became the Address Administrator as outlined in the Ordinance. The Ordinance took effect January 1, 2013, and the Tax Administrator, Address Administrator and County Attorney's Office have been working diligently to create an implementation and enforcement plan. A foremost goal of implementation is meeting with community partners and educating and empowering the public with a soft implementation throughout 2013. This informational presentation is provided as a means to garner BOCC feedback and suggestions that may augment and improve the current implementation and enforcement plan. Dwane Brinson said this is a public safety issue regarding EMS getting to the structures. One of the main reasons for the ordinance is that address numbers on roads are out of sequence. The plan is to use 2013 as a soft implementation. By January 2014 the most critical issues should be worked out. There are three steps of compliance and the fourth step is a fine to homeowners. This is a very large project and it is needed. Commissioner Gordon made reference to page 4 and also referred to the August 29th letter and information on the County website. She said she thought the process of implementation was that the County was going to work through the areas of the County systematically, and that the burden of initiating the address changes would not be on the citizens. She asked for clarification on who would have the burden for changing the addresses for those roads with the numbers that are out of sequence, etc. Dwane Brinson said the August letter is now outdated and they have revised the information. He said the burden is totally on the Tax Office/GIS. Commissioner Gordon suggested that the staff change the part of the website dealing with addressing concerns to reflect the revisions. Chair Jacobs said he would like to see the letter before it goes out to the public. He said citizens were not happy with the first letter that went out because it sounded very offensive. Commissioner McKee said the previous letter that went out left a bad impression with residents. He said part of the discussion has to be that 25 or so years ago, there was an effort by the County to name all roads in the County and to assign numbers. For whatever reason, some people did not do this and now there is a dual system that is causing fairly major problems with EMS and fire services. Commissioner Price said putting the burden on the County would make things a lot smoother. Frank Clifton said staff recognizes the confusion of the last letter. There has been some internal organization since then and the next notification will be better. Commissioner Gordon requested that the steps be written out and put on the website in a manner that is more understandable and less threatening. 9. County Manager's Report None 10. County Attorney's Report None 11. Appointments None 12. Board Comments Commissioner Price said she went to the NACo conference and there was a presentation about transparency in county government and Orange County had a B-. Commissioner McKee attended the Fire Chief's meeting last night and there were 42 in attendance, including representatives from Motorola/wireless. He said communication services are being improved through Motorola. Commissioner Pelissier said the Pauli Murray Awards were held in February and she would like for the Human Relations Commission to provide text on the website from some of the essays. She said she also went to the NACo conference and one of the big issues of discussion was the possibility of a remote sales tax. This would be great for North Carolina. Commissioner Rich said there was an informational item on Rogers Road and the next steps document is being developed. Commissioner Rich said she attended the Partnership for Young Children art show and it was a lot of fun. She said she also attended NACo and it was very informative. She thanked Commissioner Gordon for sharing her time with Congressman Price. Commissioner Gordon said she attended the NACo conference. Regarding the session with Congressman Price, there is a real chance that the remote sales tax bill will pass. She said North Carolina loses almost $122 million in sales taxes annually at this time. Chair Jacobs encouraged all to share their NACo information with other County Commissioners. Chair Jacobs said he was in the Link Center recently and the TV monitors with the notices on them. He said it is a waste of energy to have these on in a meeting room where there is no one. Frank Clifton said this is a testing process for the cable station. These monitors are not on all the time. 13. Information Items • February 19, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Memorandum Regarding Mattress Recycling Pilot • BOCC Chair Letter Responding to Board Member Petitions during February 5, 2013 Regular Meeting • Memorandum from Managers on Collaborative Approach to Rogers Road 14. Closed Session A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to go into closed session at 10:11 PM for the purpose of discussing: Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." "To consult with an attorney retained by the Board in order to preserve the attorney/client privilege between the attorney and the Board. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Pursuant to N.C.G.S. 143-318.11. (a) (4): To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations. The action approving the signing of an economic development contract or commitment, or the action authorizing the payment of economic development expenditures, shall be taken in an open session." VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Price, seconded by Commissioner McKee to reconvene into regular session at 11:45 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Price seconded by Commissioner McKee to adjourn the meeting at 11:45pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC