HomeMy WebLinkAboutAgenda - 05-07-2013 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 7, 2013
Action Agenda
Item No. 5-a
SUBJECT: Minutes
DEPARTMENT: PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
Attachment 1 March 12, 2013 BOCC Work Session (7:OOpm)
Attachment 2 March 21, 2013 BOCC Joint Meeting with Town of Chapel Hill
Attachment 3 April 4, 2013 BOCC Town Hall Meeting at Whitted Building
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
I DRAFT Attachment 1
2 MINUTES
3 BOARD OF COMMISSIONERS
4 REGULAR/ CIP WORK SESSION
5 March 12, 2013
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in a Regular/CIP Work Session on Tuesday,
9 March 12, 2013 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair and Commissioners Mark Dorosin, Alice M.
12 Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price, and Penny Rich
13 COUNTY COMMISSIONERS ABSENT:
14 COUNTY ATTORNEYS PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
16 Michael Talbert and Clarence Grier, and Clerk to the Board Donna Baker (All other staff
17 members will be identified appropriately below)
18
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 Planning Director, Craig Benedict introduced himself and the other members of the
23 team. He said that some things have changed with the Jordan Lake Partnership and it is
24 moving more into the planning and inspections department phase. He referenced new maps
25 given to the Commissioners and reviewed the following PowerPoint Slides:
26
27 1. Jordan Lake Water Resource Allocation Topics
28
29 JORDAN LAKE PARTNERSHIP &
30 Water Supply Allocation Process
31
32 A. Background
33 HOW we got here?
34 ■ State DENR Opens Jordan Lake Additional Water Supply Allocation Request
35 Process
36 ■ Jordan Lake Partnership (JLP) MOU 2/17/2009
37 ■ Partners includes Orange, Durham, & Wake County & Cities
38 ■ Pre-Application Process
39 ■ Standard Demand and Supply Assumptions
40
41 DENR Application Contents
42 I. Water Demand Forecast
43 II. Conservation and Demand Management
44 III. Current Water Supply
45 IV. Future Water Supply Needs
46 V. Alternative Water Supplies
47 VI. Plans to Use Jordan Lake
48
49 B. Infrastructure Engineering Study
50 • WHY do we need to do this? And WHAT is it?
2
1 This study determines:
2 ■ Feasibility and design
3 ■ Pipe sizes and distances
4 ■ Various water system models
5 - From: Source(s)(Jordan Lake or other)
6 - Thru: Water Resource Partners (Durham, Hillsborough, OWASA, etc.)
7 - To: EDD Customer Zones
8 -
9 Orange County Growth Pattern (map)
10
11 Future Land Use Map of the Orange County Comprehensive Plan (map)
12
13 Untitled Table
14
15 Untitled Table
16
17 Jordan Lake Water Sharing Agreements (map)
18
19 Potable Water Interconnections —Jordan Lake Partners (map)
20
21 Untitled Map
22
23 Draft Application Guidelines for Jordan Lake Water Supply Storage Allocation (Table)
24
25 Draft Application Guidelines for Jordan Lake Water Supply Storage Allocation (pg. 2
26 Table)
27
28 Study Issues
29 Infrastructure Engineering Analysis
30 Existing and Necessary
31 ■ Bolster Jordan Lake Application Request
32 ■ Non-Utility Entity is Unique Situation
33 ■ Further Dialogue and Partnerships with Local Utilities and Cities
34
35 C. Next Steps
36 Further Discussion at March 12th BOCC Work Session
37 • Orange County Draft Jordan Lake Application Due Ap4W Probably October 1 st
38 ■ Add the Engineering Design OC Share ($49,901)
39 0 2013-2014 Budget Process
40 • Final Draft Application Due July 1,z'2013 Early Next Year
41
42 Comments/Questions:
43
44 Craig Benedict, during the presentation above, said that it is not known how much water
45 is in a future allocation request and this may delay the application request. He said some
46 forecasts estimate usage at 70 gallons per person per day, which is reasonable. He said this is
47 a raw water supply, which is 20% higher than finished water. He said there have been 13
48 entities involved in this process. He said water resources are scarce in the triangle, which
49 makes this necessary. He said that there is need for an engineering study to see how water is
50 moved around.
3
1 He reviewed the Growth Pattern map and said the green area represents 84% of the
2 county and is the area not intended for public water and sewer.
3 He reviewed the Future Land Use Map and said the purpose of this is to designate
4 urban growth boundaries, and the 8,000 acres of land that are not in the ETJ areas of Durham,
5 Hillsborough, or Mebane.
6 He reviewed the chart outlining the use designations and zoning districts of the acreage.
7 He said some of the information in the chart contains assumptions used to develop the water
8 usage needs. He said the multiplier designates how much acreage could be developed and not
9 be encumbered by environmental issues. With residential areas the PPH is for persons per
10 household and the APH is households per acre. In non-residential areas the GPA is for gallons
11 per acre.
12 Craig Benedict said the next chart shows the math behind the numbers. He said this is
13 adjustable if needed and is just part of the start of the application process. He said there is
14 ongoing discussion regarding interconnection and pipe sizes. He said that part of the
15 interconnection study will look at not only where water is taken from, but where it is released to.
16 He referenced the Draft Application Guidelines and said that the state will likely not just
17 accept this request without asking about what other water sources have been looked at. He
18 said other resources are being considered, analyzed, and discussed. He said there will need to
19 be collaboration with the utility partners in this process.
20 He gave timelines of October 1 for the draft application, and early 2013 for the final
21 draft. He said there is a lot of work to be done on a state level to determine the actual safe
22 water yield of Jordan Lake, before making water requests. He said that work will be done in
23 partnership with utility partners in Durham, and Mebane.
24 Commissioner Dorosin asked if the application just comes from Orange County and
25 partners are just part of the collaborative process.
26 Craig Benedict answered yes and said that the 8000 acres of urban area are outside of
27 the ETJ of Durham, Hillsborough, or Mebane so those water supply plans do not include water
28 resource allocations. He said he feels that water should be tied into the current utility
29 agreements.
30 Chair Jacobs noted that this was all based on Orange County's increased water request
31 and increased financial commitment, which makes for a more rigorous process.
32 Commissioner Rich asked if all new agreements will be drawn up.
33 Craig Benedict said not necessarily, that a determination will be made, of the best way
34 to handle this with their partners. He said that the Jordan Lake application might be as simple
35 as a memorandum of understanding with the City of Durham.
36 Commissioner Rich asked how long the agreements are written for.
37 Craig Benedict said the agreements with Mebane and Durham are unlimited. He said
38 that in the case of Mebane, there is an unlimited agreement for a certain area and water
39 allocations have been reserved for ten years. He said that things might have to be made more
40 finite with the utility providers in the future.
41
42 2. Upper Neuse River Basin Association/Falls Lake Watershed Rules
43 Dave Stancil, Director of the Department of Environment, Agriculture, Parks and
44 Recreation (DEAPR) said there is a long history of water protection in Orange County and the
45 discussion tonight will be regarding the Upper Neuse and Falls River Lake Watershed area,
46 which includes: Cedar Grove, Little River Township, Efland, Hillsborough and points east. He
47 referenced several letters at the Commissioners' places that are related to both Jordan Lake
48 and Falls Lake.
49 Tom Davis, Water Resources Coordinator, presented the following PowerPoint
50 presentation, which is included in the Item 2 abstract:
4
1
2 - Upper Neuse River Basin Association (UNRBA) update - Slide 1 (map)
3
4 - DWQ Monitoring of Falls Lake Indicates Nutrient Over-Enrichment Problem - Slide 2
5 (Map- chart)
6
7 - UNRBA Response: Path Forward Process — Slide 3
8 "The Path Forward" process will re-examine the Stage II nutrient reduction requirements of
9 the
10 Falls Lake Rules while preserving use of Falls Lake as a water supply.
11 (Graphic)
12
13 - UNRBA—The Path Forward Process — Slide 4
14 Consult contracted to support re-examination of efforts. Has completed 4 tasks designed to
15 inform process of examining Falls Lake Rules:
16
17 1. Develop framework for re-examination of Stage II of Nutrient Management Rules
18 2. Review existing data, summarize lake and watershed info.
19 3. Review methods for delivered and jurisdictional nutrient loads
20 4. Recommend future monitoring and modeling
21
22 - UNRBA—The Path Forward Process —Slide 5 (Chart)
23
24 - UNRBA—The Path Forward Process — Slide 6 (Chart)
25
26 - UNRBA—The Path Forward Process — Slide 7
27 What is Orange County likely to achieve via the Path Forward Process?
28
29 0 Re-evaluation of Stage II nutrient reduction goals.
30 • Additional BMPs for use by agricultural community in urban areas.
31 • Information concerning jurisdiction loading and nutrient sources.
32 • And more...
33
34 The Consensus Principles — adopted by the BOCC in 2010 included the following:
35 "The affected local governments should share resources and assist with funding for the
36 examination for the Nutrient Management Strategy."
37
38 - UNRBA—The Path Forward Process — Slide 8
39 Questions and Discussion
40
41 Tom Davis said the Upper Neuse River Basin Association (UNRBA) is comprised of
42 local governments located in the Falls Lake watershed, plus South Granville Water and Sewer
43 Authority (SGWASA). He said that the first slide denotes that approximately half of Orange
44 County is in the Falls Lake watershed and he noted that Falls Lake is shown in red, indicating
45 that it is rated "impaired" by the Division of Water Quality. For this reason, the Falls Lake
46 Nutrient Management Strategy, or Falls Lake Rules, was adopted in 2010.
47 Referring to slide 2, he said that the impairment of the lake is caused by too many
48 nutrients (nitrogen and phosphorus) in the lake. Nutrient sources include: storm water from
49 development, agricultural runoff, wastewater treatment plants, DOT property runoff, state and
50 federal property runoff, forested land runoff, as well as atmospheric deposition of nitrogen.
5
1 He said that the goal of the rules is to restore water quality throughout the lake and he
2 noted that DWQ modeling indicates significant reductions in nutrient runoff are needed to
3 restore the lake. Warmer colors on the map on slide 2 indicate greater impairment in the
4 Upper Lake than in the Lower Lake.
5 He said that it is anticipated to be very expensive to comply with rules as they are
6 currently written, and it is estimated that the cost will be greater than 1.5 billion dollars.
7 Referring to slide 3, he said that given the projected cost, as well as uncertainties with
8 the lake modeling completed by the Department of Water Quality (DWQ), the UNRBA has
9 embarked on a process called The Path Forward. This process will re-examine Stage II of the
10 Falls Lake Rules while preserving the lake as a water supply for the City of Raleigh. He said
11 Stage I I of the rules will be in effect from 2021 to 2036 and Stage I is in effect currently. He
12 said the Path Forward Process was conceived shortly after the Falls Lake Rules were finalized,
13 and the Process is outlined in the document titled The Consensus Principles, which is included
14 in the materials provided to the Board.
15 He said that the UNRBA hired a consultant in 2011 to initiate the Path Forward process.
16 He said this consultant has completed the 4 tasks outlined on slide 4 to provide information and
17 direction to the process of re-examining Stage 11 of the rules. The collection of more data will
18 mean fewer assumptions in the re-examination of the Lake. He said the rules stipulate that 3
19 years of data must be submitted by 2020 to be considered in the re-examination of the Lake.
20 He said that UNRBA plans to begin monitoring in 2014, and dues and fees must be
21 increased to cover the cost of this work. He referenced the outline of these fees, shown in the
22 chart on slide 6, and noted that Orange County's share is $68,321. He said that $500,000 is
23 designated for Lake and Watershed monitoring and related activities during the next fiscal year.
24 He reviewed the expected achievements of the Path Forward Process, as outlined on
25 slide 7. He noted that The Consensus Principles, adopted by the BOCC in 2010, included the
26 following: "The affected local governments should share resources and assist with funding for
27 the examination of the Nutrient Management Strategy."
28 Commissioner Pelissier made reference to stage 2 in the packet, and she asked for
29 examples of some of the current best practices in use now.
30 Tom Davis said there are more BMPs in the urban areas than rural areas. He said the
31 process is to get DWQ to grant credits for certain BMPs, but this has not been done yet. He
32 gave the example of street sweeping in urban areas, and said there has been no credit
33 established for this. He said that one other urban project underway is the Efland Sewer
34 System, but there has been no credit established for switching a home from septic to sewer.
35 He said there are also a couple of projects underway in the rural areas and a long list of
36 potential agricultural BMPs.
37 Gail Hughes said that some of the examples for agricultural communities are: fencing,
38 livestock out of streams, additional buffer widths, and conservation tillage. She said that for
39 agricultural farms with no livestock, the buffers must be expanded much wider and this takes up
40 useable agricultural land. This is of great concern to the farmer or land owner. She said that
41 some things that urban areas get credit for, such as grass swells, exist in agricultural
42 communities as well, but are not credited.
43 Dave Stancil said another issue is that Orange County has done a lot over the years but,
44 many of these things don't count toward their phosphorous reduction.
45
46 Commissioner McKee asked where the base year would be established. He also asked
47 if the base year would affect reductions.
48 Gail Hughes said 2006 is the farthest base year that can be referred back to.
49 Dave Stancil said anything prior to that year is lost and it does not count toward the
50 County's reduction.
6
1 Commissioner McKee said that is his concern, as there were a lot of best practices put
2 in place in the late 70's, 80's and 90's that will be lost. He also said that he does not believe
3 that 77% can be reached.
4 Gail Hughes said the phosphorus has been discussed many times in the Watershed
5 Oversight Committees, which is the agricultural oversight committee. She said researchers
6 have said that even if no more fertilizer was ever put on the ground, the phosphorus reduction
7 goal would still not be attainable.
8 Commissioner Gordon said Orange County voluntarily put in lot reduction sizes and did
9 a lot to preserve water quality.
10 Dave Stancil said one of the dilemmas noted in 2010 is that the loading rates are
11 expected to be low, partially because of all the measures already in place. This means, by the
12 letter of the law, it is hard to reduce something that is closer to zero by 40% and 77% than it is
13 when starting from a larger number. He said this is why the opportunity to re-visit the nutrient
14 strategy is important.
15 Commissioner Gordon asked if it was possible to go to a performance base.
16 Dave Stancil said this argument has been made in the past and he expects this to come
17 out again.
18 Chair Jacobs invited Pam Hemminger, Chair and Orange County Representative with
19 the UNRBA to come forward.
20 Chair Jacobs said the letters at the Commissioners' places articulated a lot of Orange
21 County's concerns about water preservation.
22 Commissioner Pelissier said her petition was to send a copy of these letters or a revised
23 letter to DENR as soon as possible.
24 Pam Hemminger said, from a political view, the big picture is that the lake is impaired
25 and the state is expected to do something about it. The state has put the task back on the local
26 jurisdictions, and each jurisdiction will be graded on the quality of the water in the lake as a
27 whole; therefore it won't matter what one county has done or what the others haven't done.
28 She said that this does not mean that efforts shouldn't be made to get credit for things being
29 done, but this is a group project and the grading will be based on what the State finds in the
30 lake. She noted that Orange County has the largest land mass in the watershed area and most
31 of this is forested and agricultural land.
32 She said she does not know how you can reduce forested land's output by 40% and
33 77% of these nutrients other than building a big retaining lake to hold it down. She said there
34 are issues about this modeling program because it does not take into account the amount of
35 nitrogen and the distance put in. She said Department of Water Quality (DWQ) has not been
36 monitoring the lake because of cutbacks. She said she wants to know how much Orange
37 County and its tributary, the Eno River, is contributing nutrients into the lake and as of now, no
38 one knows where the nutrient problem is coming from. She noted that the biggest players are
39 Raleigh and Durham, which have mostly urban interests, and thus have more credits and
40 BMP's established by the state. She said that part of UNRBA's goal is to make sure that a long
41 list of BMP's is available to the county, and to try and help the agricultural community. She said
42 that the recommendation is that the County move forward with four years of monitoring.
43 She said that there are seven separate tributaries coming into the lake and everyone is
44 being graded on this group project. She referenced the question of why the County couldn't get
45 a delay and said that the EPA would be likely to come in if there were a delay. She said things
46 are moving in the right direction.
47 Commissioner McKee asked how long since DWQ stopped monitoring and Pam
48 Hemminger said about two years.
49 Commissioner McKee said he feels that Orange County needs to be doing their own
50 monitoring in order to have scientific data to back up arguments.
7
1 Pam Hemminger said DWQ will not accept individual monitoring, only project group
2 monitoring.
3 Commissioner McKee said he is almost ready to go the lawsuit route because this
4 makes no sense.
5 Pam Hemminger said she agrees that this makes no sense and she feels that this can
6 be proved with the scientific data being gathered.
7 Commissioner McKee asked if Falls Lake was designed to raise the water level
8 significantly. He said he believes the shallow depth and the upper end of the lake is the reason
9 for the algae blooms.
10 Pam Hemminger said that is part of the whole re-look at monitoring design. She said
11 that monitoring further down the lake would give totally different results.
12 Chair Jacobs said many think Orange County's regulations are too strong and slow
13 down development, where the board has staked out stronger regulations in an effort to get
14 credit. He said that the answer to Commissioner Pelissier's petition is to combine and simplify
15 these two letters and send them to DENR and Mr. Gillespie.
16
17 3. Presentation of Manager's Recommended 2013-2018 Capital Investment Plan
18 (CIS
19
20 Frank Clifton said each year the Manager's office presents a 5 and 10 year CIP plan,
21 but the primary focus of this discussion is the 2013-14 process. He said there are several
22 policy comments in the appendices and several different funds will be referred to.
23 Clarence Grier said this is the start of the budget process for 2013-14 and he introduced
24 the budget staff.
25 Paul Laughton said the County changed to a 5 year CIP plan a few years ago and the
26 years 2006-2010 are included as a history. He read through the following PowerPoint slides:
27
28 County Manager's Recommended FY 2013-18 Capital Investment Plan
29 Presentation
30 Southern Human Services Center, Chapel Hill
31 Orange County, NC
32 March 12, 2013
33
34 Overview
35 5-Year Capital Investment Plan (CIP) with detailed information in Years 1-5, and an
36 overall picture in Years 6-10
37 The CIP is a budget planning tool that is evaluated annually to include year-to-year
38 changes in priorities, needs, and available resources.
39 Funding decisions are approved only for Year 1 (FY 2013-14).
40
41 CIP Format
42 Divided into the following sections/tabs:
43 - CIP Summaries
44 - County Projects
45 - Special Revenue Projects (Article 46 Sales Tax)
46 - Proprietary Projects (Water & Sewer, Solid Waste, and Sportsplex)
47 - School Projects
8
1 - Appendices (Debt Service, County Project balances, and Policies)
2
3 CIP Summaries —Appropriations (pie chart)
4
5 CIP Summaries — Revenues (pie chart)
6
7 Major County Projects (Year 1)
8 Southern Library $600,000 (land and design work)
9 Information Technology $700,000
10 VIPER Radio System $500,000 (1 st year of tower cost)
11 Communication Systems Improvements $1,725,268
12 EMS Substations $875,000
13
14 Special Revenue Projects —Year 1
15 (Article 46 SalesTax)
16 50% of proceeds to Economic Development initiatives, and 50% to Schools
17 Economic Development— $1, 319,500 (distributed among 8 initiatives with
18 approximately 60% reserved for debt service)
19 Schools — CHCCS $801,900 (1/2 towards Technology, and 1/2 towards repairs
20 identified in facilities assessment); OCS $516,850 (Technology 1:1 laptop initiative)
21
22 Proprietary Projects —Year 1
23 Water and Sewer Projects:
24 - McGowan Creek Outfall $621,250
25 - Efland Sewer Flow to Mebane $160,000
26 - Eno EDD $115,000
27 Solid Waste Protects:
28 - Landfill Closure Costs $3,166,846
29 Sportsplex Projects:
30 - Ten (10) renovation and facility maintenance/replacement initiatives $710,000
31
32 School Projects (Year 1)
33 No new Debt financing of School Projects in FY 13-14
34 Pay-As-You-Go funds —same amount as in FY 12-13
35 Lottery Proceeds — slight increase from FY 12-13 (based on State projections)
36
37 Major County Projects (Years 2-5)
38 FY 14-15:
39 - Northern Human Services Center $2,000,000
40 - Lands Legacy $2,400,000
41 - VIPER Radio System $500,000 (second year of tower cost)
42 FY 15-16:
43 - Southern Orange Campus $3,600,000
44 - Whitted Building $1,400,000
45 - EMS Substations $875,000
46 - Blackwood Farm Park $3,400,000 (phased in project)
9
1 - Millhouse Road Park $6,400,000
2 - Eurosport Soccer Center $942,000
3 - Southern Library $525,000 (arch/engineering costs)
4 - Proposed New Jail $500,000 (site design work)
5
6 Major County Projects (Year 2-5) —cont.
7 FY 16-17:
8 - Southern Human Services Center Expansion $6,650,000
9 - Southern Library $3,500,000 (costs spread over 2 years)
10 - Blackwood Farm Park $1,300,000 (phased in project)
11 - Proposed New Jail $500,000 (arch engineering issues)
12 - VIPER Radio System $500,000 (1 st year next tower cost)
13 FY 17-18:
14 - Southern Library $3,500,000 (second year construction)
15 - New Jail $29,000,000
16 - Blackwood Farm Park $2,100,000 (phased in project)
17 - Communication System Improvements $920,000
18 - EMS Substations $875,000
19 - VIPER Radio System $500,000 (second year tower cost)
20
21 Major Proprietary Projects (Years 2-5)
22 • Water and Sewer:
23 - Efland Sewer Flow to Mebane $3,436,000 and Eno EDD $1,750,000 in FY 14-15
24 - Buckhorn-Mebane EDD Phase 3 & 4 $2,500,000 in FY 15-16
25 • Solid Waste:
26 - SWCC Improvements to High Rock Road facility $452,441 and SWCC
27 Improvements to Eubanks Road facility $1,235,427 in FY 14-15
28 - SWCC Improvements to Ferguson Road $288,517 in FY 15-16
29 - SWCC Improvements to Bradshaw Quarry $212,028 in FY 16-17
30 Sportsplex:
31 - Major Expansion Phase 1 (Pool Mezzanine Area) $950,000 in FY 14-15
32 - Major Expansion Phase 2 (Indoor Turf Field) $1,900,000 in FY 15-16
33 - Major Expansion Phase 3 (Indoor Basketball Court) $900,000 in FY 16-17
34
35 Major School Projects (Years 2-5)
36 Note: School construction is guided by the Schools Adequate Public Facilities
37 Ordinance (SAPFO) projections of capacity and need.
38 Chapel Hill-Carrboro City Schools
39 - Middle School #5 in FY 17-18 $39,850,680 total
40 - Carrboro HS Additions in FY 20-21 $19,743,948
41 - Elementary #12 in FY 21-22 $35,476,053 total
42
43 School Projects (Years 2-5) — cont.
44 Orange County Schools
45 - No new schools to open in 10 year period, as per SAPFO
10
1 - Based on current SAPFO projections, the district's elementary schools reach
2 104.9% Level of Service (LOS) in the 10thyear (FY 22-23) of the plan. Funding
3 is included in Years 9 and 10, to prepare for possible opening in FY 23-24.
4 - Cedar Ridge HS Auxiliary Gym $3,328,750 in FY 14-15
5 - Cedar Ridge HS Classroom Addition $12,282,960 in FY 15-16
6
7 Appendices
8 Debt Service and Debt Capacity:
9 - General Fund — remains under the 15% debt capacity until FY 2017-18, when it
10 would reach 15.65%
11 - Water and Sewer Projects (Article 46 Sales Tax proceeds) —current projected
12 revenue earmarked for debt service is adequate to cover debt service payments
13 over the 5-Year CIP
14 County Capital Project balances
15 Capital Funding, Debt Management, and Fund Balance Management Policies
16
17 Document Availability
18 Clerk to Board of Commissioners
19 County Financial Services Office
20 Orange County Website
21 - www.orangecountync.gov
22
23 Chair Jacobs asked for clarification of the 15% debt capacity and how it affects
24 borrowing.
25 Clarence Grier said Orange County has a policy that the debt capacity should not
26 exceed 15% of the general fund budget. He said every year there is a forecasting process that
27 is based on current debt service and what is known will be issued in future years.
28 Frank Clifton said it is not just a County policy, but is also a guideline followed by the
29 Local Government Committee (LGC), who approves all of the debt. He said one limiting factor
30 has been a lack of growth in revenue. He said that the revenue projections tend to be
31 conservative because there is very little control over any revenue other than property tax.
32 Commissioner Dorosin questioned whether it would be better to take on more during
33 this time when the borrowing rates are at record lows.
34 Frank Clifton said this is not a decision for Orange County but also the LGC. He said
35 that in the State of NC, no municipality can settle debt on its own and it must be reviewed and
36 approved by the LGC. He said the State also created a new board several years ago where all
37 policies and debt other than jails and schools must pass through. He clarified that this is all with
38 regard to general fund debt. He said that local sales tax projects do not affect that 15%. He
39 said that bonded debt increases the tax rate and the general fund budget.
40 Paul Laughton said that much of the newer debt for this fiscal year will be funded with
41 the Article 46 sales tax. He said that there is currently a 1.4 million dollar surplus in debt
42 proceeds versus money paid out.
43 He said that there are two work sessions scheduled; one on April 11, and another on
44 May 9, for discussion of the CIP.
45 Chair Jacobs said Northern Human Services Center is on the work session agenda on
46 May 14th and the Whitted facility is schedule for a town meeting on April 4th. He noted that the
47 middle school number 5 does not count the cost of land because land has been set aside at
48 Twin Creeks. He said that the last bond was in 2001 for 70 million dollars and this was
49 designated for: parks, Lands Legacy, Affordable Housing, Morris Grove Elementary, Carrboro
50 High, Gravelly Hill and Twin Creeks.
51 Frank Clifton referred to the last page listing active projects, and said many of these
52 have been in the works for years and the Board has made a concerted effort to bring these
11
1 older projects to fruition. He mentioned the proposed jail expansion, and said that the County's
2 Jails have been historically overcrowded and it is very fortunate that the State Administration
3 approved a long term lease on a piece of property adjacent to the State Prison. He said the
4 issue is now to negotiate terms of the lease, which will obligate the County to move forward with
5 the Jail project in a timely manner or potentially give up the spot. He asked the Board to keep
6 this in mind, as it will come before them in the coming months.
7 Commissioner McKee said, although there are no new schools in Orange County per
8 SAPFO, there are many older schools in the County that need to be replaced. He asked if this
9 had been considered.
10 OCS Superintendent Patrick Rhodes said the replacement discussion has not taken
11 place.
12 Commissioner McKee referred to the issue of the EMS stations, and said these were not
13 a recommendation out of the Emergency Services work group. He said there is currently a
14 contract in place with Orange Rural for the use of the Phelps Road station to park an
15 ambulance. He said he recommends removal of that first year EMS station since the Phelps
16 Road station takes the place of it.
17 Paul Laughton said this is noted on the EMS section in the CIP notebook.
18 Commissioner Price asked about the allocation for money for schools based on SAPFO
19 and asked about the status of students getting laptops.
20 Chair Jacobs said that schools handle that.
21 Patrick Rhodes said all students in grades 6-12 received laptops this past year and
22 grades 3-5 will receive them next year.
23 Todd LoFriese, Assistant Superintendant for Chapel Hill/Carrboro City Schools
24 (CHCCS) said there is still work being done to achieve a higher ratio for laptop accessibility. He
25 said the target is a 2:1 ratio but this has not been reached.
26 Commissioner Gordon referred to the Culbreth science labs and noted that CHCCS
27 have put some money in designing them, but there is no funding in the CIP. She asked for
28 information on how this can be funded so that it can be brought forward in the next discussion.
29 She expressed her support for this project.
30 Commissioner Pelissier asked if there is any progress on assessing the needs for older
31 schools.
32 Patrick said they have asked the Department of Public Instruction to conduct a facilities
33 site review. He said site analysis on the older schools has been done and this was one of the
34 ways the lower capacity at Orange High School was identified. He said major
35 recommendations were identified at all older school sites, which includes all of the elementary
36 schools.
37 Todd Lofriese said CHCCS hired an architectural firm to analyze 10 schools that range
38 from 40-60 years old and this analysis is in draft form at this point. He said the overview
39 showed widespread needs in the facilities and this will be looked at over the next few months to
40 develop recommendations to be considered by the Board.
41 Chair Jacobs said there will be a school collaboration meeting on April 3 d, and
42 recommended that CHCCS share any documents on this issue to be considered at that
43 meeting.
44 Paul Laughton said that the Article 46 sales tax provides $400,000 for CHCCS next year
45 to go toward property repairs.
46 Chair Jacobs asked if this includes Culbreth.
47 Todd Lofriese said this includes repairs to Culbreth but not the Science Rooms.
48 Chair Jacobs said he wanted to flag the fact that in the CIP there is discussion about the
49 aging agricultural building and where agencies in that building may move. He said Blackwood
50 Farm Park Center was mentioned as an alternative, but there has been discussion about
12
1 whether this could substitute for the existing facility. He said this discussion is not addressed
2 directly in the CIP. He said he would like to comb through this at their next CIP work session.
3 Chair Jacobs clarified that Whitted Building is still in two more fiscal years, 2015 and
4 2016. He noted that there is a fair amount of money already on hand that has been moved
5 over from the Link Center.
6 Frank Clifton said this was budgeted for it but not financed.
7 Chair Jacobs asked if there is still flexibility to finance it earlier if the County is under
8 15% and Frank Clifton said yes.
9 Commissioner Gordon underscored the need to address the older schools, including the
10 Culbreth science labs.
11 Chair Jacobs referenced the pie chart on page 3 of the PowerPoint, and noted that this
12 is a departure from the last 5 years in the amount of funding going to county projects. He asked
13 if this could be compared to prior years at the next meeting.
14
15 4. Discussion on Facilitating the Performance Evaluation Process for Three Staff
16 Members Appointed by the Board —County Attorney, Clerk, and Manager
17 Commissioner Rich said the sub-committee met with a consultant, Peg Carlson, for
18 discussion. She said Commissioner Price brought in information and forms from NACo, SOG,
19 NCACC, and other counties.
20 She said there is nothing standard in place at this point. She said she feels it is
21 important that the Board move forward with setting something up for the manager, but that the
22 clerk and the county attorney could be handled in a different manner. She said the cost to
23 handle only the manager would be less than doing all three positions, and she is not sure more
24 funds need to be spent to do the other two positions.
25 She said her recommendation would be to have the consultant involved in the
26 Manager's review to get a system in place for this first time. Then the Board could evaluate if
27 the consultant is needed again the next year.
28 Commissioner Price said Peg Carlson was very helpful, and it was clear in looking at
29 different examples of evaluation forms, that guidance is needed. She said Peg Carlson gave
30 three different ways this can be dealt with: 1) Facilitator is involved in walking the Board through
31 the whole process, 2) Facilitator comes to sit down with each Board member to record
32 individual comments and evaluations, or 3) Facilitator would act as mediator to receive forms
33 and pass them on.
34 She said that it would be a different process for the manager versus the county attorney
35 and clerk. She said evaluation forms that she received from other sources would be hard to fill
36 out unless working side by side with the manager or attorney.
37
38 Commissioner Rich said the Board can meet individually or as a group with Peg
39 Carlson, who would help compile all of the information and help lead the
40 conversation/evaluation. Commissioner Rich said that in the past, the evaluations went to
41 Donna Baker, who was responsible for compiling this information. She said this was striking
42 and she and the consultant felt this was not right. She asked for Donna Baker's input on this.
43 Donna Baker said, as an employee, she had sensitive and confidential information and
44 she kept it that way. She acknowledged that this is probably not the norm and the suggestion
45 to have an outside, objective facilitator is a good one. She said that this will also give more
46 freedom of discussion.
47 Commissioner Price said that the cost for the consultant should also be considered.
48 Commissioner Rich said that is why she recommends going with the consultant, but
49 doing the evaluation discussions as a group to lessen the time, and the cost of the consultant.
13
1 Commissioner Price said she asked the consultant about anonymity. Peg Carlson said
2 her experience is that people are usually pretty comfortable speaking in a group and she can
3 handle it if someone needs to make a private comment.
4 Commissioner Rich said Peg Carlson said that in many cases a form isn't even
5 necessary when she is there. The conversation is what is most important and the consultant
6 knows how to put it into the proper format for an evaluation.
7 Chair Jacobs asked for an explanation of the vision for the Attorney and Clerk
8 evaluations.
9 Commissioner Price said she thought Peg Carlson should be involved in that process
10 also, because someone would need to collect the forms and gather information.
11 Commissioner Rich said she does not know what has been done in the past and there is
12 accountability to state requirements.
13 Commissioner Price said the questions would be specific to those positions, but it still
14 begs the question of need for an outside facilitator.
15 Donna Baker asked for clarification on the concerns. She said the concern is how to
16 gather information and give it to the Board, etc. She said the current process is for her and the
17 Attorney to do their own forms and then give these to the Board to be done individually and
18 then discussed in closed session. Then the information is given back to the clerk to be
19 summarized, or this could be given to the Chair. Donna Baker said that she would be more
20 comfortable if the information goes to an outside consultant, or to one of the Board Members.
21 Commissioner Rich said this could certainly be tried with a consultant for one year and
22 then possibly passed delegate it to the Chair on the following year.
23 Chair Jacobs said, for the Clerk and County Attorney, the Board could just respond to
24 work plan, and then have a board member or consultant to collate the information. He said the
25 other option is to meet before reviewing the person, get the work plan and then have the
26 conversation, but this requires 2 meetings.
27 Donna Baker asked if the consultant could simply collate the results and give a
28 summary back to the Commissioners before the meeting.
29 Chair Jacobs said this is a possibility.
30 Commissioner Price said this will bring in a time frame for doing the work.
31 Chair Jacobs said that the way it works now, there is no prior conversation. The forms
32 are given to the Board; the board meets with the staff member and has the first conversation;
33 everyone leaves; the forms are given to someone to be collated; and the chair is asked to give
34 feedback to the staff member. He asked how this process will be followed or diverged from
35 under the proposed plan.
36 Commissioner Rich said the consultant said the current process for the two staff
37 members works, but the process for the manager position did not. She said she understands if
38 it Peg Carlson is needed to collate some information for these.
39 Commissioner Price said she has no problem with the information being collated by the
40 Chair, only with it being collated by Clerk or the Attorney.
41 Donna Baker agreed with this and said this responsibility should be given to a Board
42 member
43 Commissioner Price said she prefers the use of a work plan, but either a form or work
44 plan would do.
45 Commissioner Dorosin asked if information on all Board comments is just put into one
46 document, as it seems it is done now, or if there is a general summary or paraphrasing of
47 comments. He said that if the Board gets written comments, then the staff member should get
48 all of those actual comments, even if there is a summary.
14
1 He said he does not understand why a consultant is needed. He said he has no
2 reservation in speaking freely and does not see the need for a third party. He feels that a board
3 member can compile the information.
4 Chair Jacobs said, with regard to the first question, whoever is assigned to do the
5 minutes will summarize the comments. He deferred to Commissioner Rich and Commissioner
6 Price about the consultant.
7 Commissioner Rich said an impartial, outside person leading a conversation can get
8 more information out of people and then this person compiles it in a professional review. She
9 noted that this compilation process requires a lot of work.
10 Commissioner Dorosin said he has less faith in the facilitation process in general and as
11 an internal operation this is an issue already being wrestled with. He said in general there
12 should be able to be candid conversations about these things.
13 Commissioner Price said she was hesitant at first too and then changed her mind after
14 meeting Peg Carlson. She noted that no one on the board has experience in Human
15 Resources. She said the consultant can bring so much expertise to this process. She said the
16 consultant would work as a guide to what needs to be talked about and how to move forward in
17 the process. She said, in the case of the manager, something that works needs to be in place,
18 for now and for the future when a new manager comes in. She said this can happen with the
19 consultant operating at a bare minimum if that is what is desired. She also said it is standard
20 now for employees to be able to see their evaluations.
21 Commissioner Gordon said it would be good to approve a process and have an
22 evaluation form. She said there are effects of group dynamics when things are discussed and
23 a set of objective questions and a collation process will give a more objective result. She said
24 that the Commissioners should decide on the evaluation form and use it as a template to do
25 individual evaluations. She said the form for a compilation of the evaluations should have a
26 matrix with scores and then a section for comments. Then when the evaluation forms are
27 collated, no information or comments are lost. She said that this information can be prepared
28 ahead of time for the entire Board to look at prior to a group conversation. This takes the group
29 dynamic effect out of each person's evaluation. She said that her recommendation is that the
30 Commissioner's agree to an evaluation instrument and have someone collate it with all
31 statements included.
32 Commissioner Rich asked why Commissioner Gordon feels the comments should not
33 be attributed to a specific person.
34 Commissioner Gordon said this would allow people to be more candid.
35 Commissioner Pelissier said one of the problems the Board has had is that some parts
36 of this process have been done for some of the evaluations and then not done for others. She
37 said she agrees that some comments should be given before the Board meets to talk. She said
38 that people have not always given comments ahead of time. She clarified that Donna Baker
39 never compiled her information; the Chair did. She said that this compilation did not take a lot
40 of work. She said that the private discussion meeting is where you don't want attributions; so if
41 comments are made ahead of time, they can be made anonymous. She said this is the
42 responsibility of the Commissioners to provide these comments.
43 Donna Baker said she did compilations for the Attorney's evaluation and there were
44 often no comments, just ratings. She said the comments are helpful to the staff.
45 John Roberts said the Human Resources Director could compile for the clerk and the
46 attorney.
47 Chair Jacobs asked him how the prior form has worked.
48 John Roberts said the form works fine for him and is similar to other local governments'
49 forms for attorneys. He said that it is difficult for him to formulate a work plan for submission
50 because so much of his work plan is reactive to the Board's needs.
15
1 Commissioner McKee said he is comfortable with the Clerk and the County Attorney
2 (CA) using the same forms as they have in the past. He is also comfortable with one member
3 of the Board of County Commissioners compiling the information. He feels the Manager is
4 different and he can see using a consultant for this one year to get things on track. He said he
5 has seen a lot more stumbling with the Manager's position.
6 Commissioner McKee said he keeps hearing about a process the Board used to have
7 that worked. He said he is unclear why this process was left and why the Board does not go
8 back to it.
9 Chair Jacobs said Frank Clifton's predecessor did not like the process or the form, and
10 the Board had to diverge from this.
11 Commissioner McKee said he has little experience in formal evaluations. He said there
12 is a need to improve manager's evaluation, but he is comfortable with the Clerk and the CA.
13 Commissioner Price said, based on what she heard, the Board could go forward with
14 contracting the consultant to assist with the manager evaluation. She said that the current
15 form or another form from the examples provided could be used for the Clerk and CA. She said
16 she does not mind Human Resources compiling the information. She said she personally does
17 not like to rate people by numbers and prefers to write down comments.
18 Commissioner Rich asked the Board to look at attachment B on page 4 and note the
19 initial planning step one, which includes the creation of the evaluation form.
20 Commissioner Pelissier said she agrees that help is only needed with the manager's
21 evaluation. She said that what has not happened is getting the information ahead of time. She
22 said that this is the key. She said she never cared about ratings but wanted to know the why
23 behind the rating and the comments. She said this is the essence of a good evaluation.
24 John Roberts agreed that comments are helpful and gave specific examples of this on
25 his own evaluations.
26 Donna Baker also agreed with this need for constructive criticism.
27 Commissioner Gordon referred to attachment B and said that the sub-committee should
28 have the Board sign off on the form from the consultant. She said this process should start
29 now and not wait until August
30 Commissioner Rich said that a consultant cannot be used for ten months or it would be
31 too costly.
32 Commissioner Gordon said the form should be agreed on and then the process should
33 be put in place separate from the actual evaluation. She said she does not want to use the HR
34 director, who is an employee. She feels that it should be an outside person like Peg Carlson, or
35 if it is an inside person, it should be the Chair.
36 Chair Jacobs summarized that there is agreement on the same process and the same
37 forms for the Clerk and the CA.
38 Donna Baker noted that there are only 6 weeks left and these forms should be
39 submitted 2 weeks prior to the meeting.
40 Commissioner Price said these forms should be very simple.
41 Chair Jacobs clarified that a new form and process for the Clerk and CA would have to
42 be adopted at the April 9th meeting. He summarized that the Chair would be responsible for
43 compilation of comments and forms for the Clerk and CA.
44 Chair Jacobs said that a consultant could be employed to develop and guide the
45 evaluation process for the manager. He suggested that something be put together and
46 presented to the Commissioners prior to summer break in order to meet the October evaluation
47 timeframe. He said that if a consultant is used, there is still the issue of how far the consultant
48 participates. He noted that there are differing opinions about this and the issue needs to be
49 decided. He said that if the consultant is used, a form will need to be submitted at the April 9th
50 meeting to authorize expenditures to fund the consultant for whatever scope of work is decided.
16
1 Commissioner Gordon said that for the attorney, clerk and manager there needs to be a
2 formal statement of process. She said she and Commissioner Hemminger had developed this
3 and with a few minor changes, this process could be used. She asked that this could be looked
4 at.
5 Chair Jacobs suggested that this be part of the April 9th discussion.
6 Commissioner Dorosin said that the other piece is to give these employees some
7 guidance on the evaluation process.
8 Chair Jacobs said that there has been some standard expectation followed in the past.
9 He said that at least for this first year, perhaps this should still be closely followed. He feels that
10 the work plan should still be included in the process.
11 Commissioner Dorosin asked if those work plans are submitted to the Board for
12 approval at the beginning of the year.
13 Donna Baker said this is usually part of the evaluation form. And the Clerk and
14 Attorney's evaluations are in the spring and the manager's evaluation is now in the fall.
15 Commissioner Gordon said this is why it is important to get this started right away and
16 that this process is all outlined in the plan she mentioned earlier.
17 Chair Jacobs said that he suggests that the Board authorize the use of the consultant in
18 developing a process to evaluate the county manager, not to exceed the given estimate. He
19 said that it can be decided later what scope the consultant would operate on.
20 Commissioner Rich said she has gone through this process twice and never without an
21 outside source assisting. She feels it is important to try this new process and see how smoothly
22 it can move.
23 Chair Jacobs said that the sub-committee can make a recommendation on April 9th
24 regarding the totality of the use of the consultant and this can be discussed and voted on.
25 Frank Clifton said he feels the manager's position is different. He said that his
26 evaluations here thus far have not been the most pleasant or forthright and there has been very
27 little clarity. He said clarity is better than anonymity. He said that he has never had a work plan
28 because his plan is based on the priorities of the Board. He said that in the end, maybe a
29 consultant will help the process be more forthright. He said that he feels it will be difficult and a
30 system is needed. He said that he feels the manager should be given the opportunity to
31 respond and this has been missing.
32 Commissioner Price said that the point of the consultant is to create a conversation to
33 help things move forward.
34
35 Chair Jacobs said he appreciates the work of Commissioner Price and Rich.
36
37 ADJOURNMENT
38 A motion was made by Commissioner Rich, seconded by Commissioner Price to
39 adjourn the meeting at 10:04 pm.
40 VOTE: UNANIMOUS
41
42 Barry Jacobs, Chair
43
44 Donna S. Baker, CMC
45 Clerk to the Board
46
47
48
49
50
1
I DRAFT Attachment 2
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 CHAPEL HILL TOWN COUNCIL
6 JOINT MEETING
7 March 21, 2013
8
9 The Orange County Board of Commissioners met with the Town of Chapel Hill for a Joint
10 Meeting on Thursday, March 21, 2013 at the Southern Human Services Center in Chapel Hill.
11 N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
14 Dorosin, Alice M. Gordon, Bernadette Pelissier, Renee Price and Penny Rich
15 COUNTY COMMISSIONERS ABSENT: Earl McKee
16 COUNTY ATTORNEYS PRESENT: Annette Moore
17 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistants to the Manager
18 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
19 will be identified appropriately below)
20 CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Mark Kleinschmidt, Ed
21 Harrison, Jim Ward, Lee Storrow, Matt Czajkowski, Donna Bell, Sally Greene
22 CHAPEL HILLTOWN COUNCIL MEMBERS ABSENT: Gene Pease and Lauren Easthom
23 CHAPEL HILL STAFF PRESENT: Town Manager Roger Stancil
24
25
26 Welcome and Opening Remarks (Mayor Mark Kleinschmidt and Chair Barry Jacobs)
27
28 Mayor Kleinschmidt welcomed everyone.
29 Chair Jacobs said Commissioner McKee will be unable to attend this evening.
30 Mayor Kleinschmidt said Council Member Easthom would be unable to attend.
31
32 1. Review of Rogers Road, including Town's Small Area Plan
33
34 Assistant County ManagerMichael Talbert said this is a discussion on Rogers Road and
35 noted that the re-assembled Roger's Road Task Force held its first meeting last night. He
36 referenced Attachment 1 and noted that it contains the charge for the Task Force for the next 6
37 months. He noted that the first item is the installation of water and sewer lines, and he
38 reviewed the charges as follows:
39
40 • To have the Task Force consider the final costs, provision and installation of water and
41 sewer utility extensions preferably at no cost for members of the Historic Rogers Road
42 Community;
43 • Consider options to address gentrification;
44 • Consider Chapel Hill's most recent Small Area Plan; and
45 • Consider funding options, including the Greene Tract.
46
47 He said utility districts were the main topic at last night's meeting.
48 Mayor Kleinschmidt noted that this item also relates to item on #5 on the agenda,
49 regarding annexation changes and joint use. He suggested that they may need to bleed the
50 conversations together. He said when the Town of Chapel did the Small Area Planning (SAP)
2
1 process, it was assumed that there would be an agreement with Orange County and this area
2 would become a part of Chapel Hill. He said it is now known that town initiated annexation is
3 unlikely for any unincorporated parcel in the state. He said that for town services to be
4 provided, the town has legal restrictions with what it can/cannot do outside of the town limits.
5 He said there needs to be a lot of thought, as plans are made for extending urban
6 services into these joint planning areas. He said there are many factors that distinguish this
7 area from a rural area, yet this will never become part of the Town in any Town initiated
8 process. He feels the Board needs to incorporate a response to this into its discussions. He
9 questioned, if it is decided that this will never be part of the Town of Chapel Hill, whether
10 urbanizing this area is a wise effort or not. He questioned whether the Board should consider
11 transitioning this area into the Town through other mechanisms. He said that the
12 neighborhood's continued demand for urban services, like water and sewer, will put
13 development pressure that may lead to voluntary annexation by a developer.
14 Commissioner Dorosin said the Mayor's comments are important context for discussion,
15 but the Board of Commissioners needs to keep in mind that the issues related to Rogers Road
16 come in the form of remediation. He said this makes it more distinct then other ETJ areas and
17 this is a unique issue.
18 Mayor Kleinschmidt said he was just adding this to the conversation.
19 Commissioner Price said Commissioner Rich said they brought the information about
20 this proposed legislation in reference to the elimination of ETJs by the legislature to the meeting
21 yesterday of the Task Force and it was discussed.
22 Mayor Kleinschmidt asked if the task force could be encouraged to add this to their on-
23 going discussions.
24 Commissioner Rich said when the Task Force discussed this last night, it got mixed
25 reviews. She said the bills are coming to the Board of County Commissioners' so quickly these
26 days that County Commissioners often can't meet on time to discuss them so the Board has
27 had to amend how it does business. Commissioner Rich said the reaction of the task force is to
28 have the conversation in spite of the bill and she is not clear on what Mayor Kleinschmidt wants.
29
30 Council Member Donna Bell arrived at 7:15.
31
32 Mayor Kleinschmidt said one response would be to come to an agreement on the zoning
33 intensity desired for this area to keep it from becoming an urbanized area outside the city. He
34 said this might be underscored more, instead of just being one of the principals.
35 Commissioner Rich said that would be something the Task Force would be considering
36 in its discussion of gentrification anyway. She asked if he wanted to add the zoning issue to
37 that portion of the charge.
38 Council Member Jim Ward said he does not feel the vision for this area should be
39 changed based on proposed legislation. He said that as this area grows, it will make more
40 sense for that part of the community to be part of Chapel Hill. He said he feels that moving
41 forward, it should be ensured that what is being done with regard to possible utility service
42 districts is legal, even if ETJs get discontinued. He said another question that came up was
43 regarding the fact that there is no ETJ out there; it is a joint planning district and it is unclear if it
44 will be affected by ETJ legislation.
45 Commissioner Dorosin suggested the audience might benefit from an explanation about
46 the proposed legislation.
47 Mayor Kleinschmidt said the first important point is the change in the annexation rule
48 that was enacted last year. He said that in any state with limited ability to grow, even
49 temporarily, it becomes permanent; because the political will to return to thoughtful growth
50 planning never arises. He said the second concern is a more recent piece of legislation that
3
1 continues to handicap the ability of towns to plan for their future by proposing elimination of ETJ
2 altogether. He said this is a short bill currently before the general assembly, and coupled with
3 other legislation, it would greatly limit the Town's ability to design standards. He said there
4 needs to be thoughtful long term planning for the community. He said the impact of these bills
5 needs to considered, and efforts should be made not to plan for creation of urban areas outside
6 of the town limits. He said another option is to require, when changes occur in their planning
7 areas or zoning, there is a condition of petition for voluntary annexation into the city.
8 Council Member Harrison said it would help if counties made it clear to the General
9 Assembly that this bill is not supported.
10 Chair Jacobs said Orange County is different, partially because the county was able to
11 come up with a joint planning agreement with the municipalities without the "wars" that often
12 occur between elected bodies and citizens. He said the Task force should move forward as
13 planned, regardless of possible legislation. He said there should be more discussions about
14 ETJs and how to plan for these areas. He said the question should be asked, if it is in the best
15 interest of municipalities to incorporate these areas into the urban town limits. He said that,
16 because of the joint planning area, there is more authority to say where water and sewer will
17 and will not go. He noted that the Rogers Road group is not going to report back to the Board
18 of County Commissioners until September, so there is time for future discussion in light of the
19 consequences of the legislation. He suggested more joint planning, especially in light of the
20 Rogers Road process.
21 Council Member Jim Ward said the task force has incorporated OWASA into its
22 discussions. He said the latest plan for that now encompasses more area than just the Historic
23 Rogers Road area. He said this was done to reduce the cost per household. He said there is
24 some pushback, but the intent of the group is to move forward with this kind of design. He said
25 he hopes there will be support for finding a way to fund the water and sewer for Rogers Road
26 and the extended areas. He said that efforts are being made to get some figures for the cost of
27 this.
28 Commissioner Rich said it may be a good idea for staff to share the new map with all
29 elected bodies. She said that the discussion was originally about just the historic area, and now
30 the conversation is about a utility district and includes more homes than proposed before. This
31 does make it more cost efficient. She said there was some push back during the meeting
32 yesterday, so more estimates and a diagram will be presented at the next meeting.
33 Commissioner Price said a lot of this has to do with costs, which is why there was a
34 request for estimates and a diagram. She said that the goals will not be accomplished if the
35 utilities are installed and then people cannot get the service.
36 Council Member Jim Ward said another piece of the puzzle is that the figure of$6
37 million was for water and sewer to Historic Rogers Road only. He said including the other areas
38 will double the cost, but will triple the coverage. This is where the savings comes in. He said all
39 of the boards need to have this discussion, because this infrastructure is put on the landscape
40 so that most of it is with the Chapel Hill town limits. He said the other parts are in the Orange
41 County and Chapel Hill joint planning area and he questioned what this means for funding. He
42 proposed that the portion that is in Carrboro should be paid for fully by Carrboro; and the
43 portion in Chapel Hill and Orange County needs to be discussed by these two entities. He said
44 the normal population equation will not work for this. He said that this is an issue for the Town
45 and the Board of Commissioners.
46 Commissioner Price said her understanding from the Town of Carrboro was that the
47 14% would be spread out. She said there has been a request for specific numbers to be
48 presented at the next meeting.
49 Mayor Kleinschmidt said that the Mayor of Carrboro said that their $900,000 will all be
50 spent in the portion of the area in Carrboro.
4
1 Commissioner Rich said that Carrboro has said that its money will only be spent in
2 Carrboro, regardless of comments by representatives at Rogers Road Committee meetings.
3 She said Carrboro's manager and attorney have made it clear that money is only to be spent in
4 the city limits and on Roger's Road residents in Carrboro only.
5 Commissioner Rich said, regarding the maps, it is important to remember that the utility
6 district does not have to be built in its entirety all at once. She said it can be built in phases with
7 Roger's Road as phase 1.
8 Commissioner Dorosin said he attended the task force meeting, and the residents were
9 encouraged about the commitment to finding funding to make the connections.
10 Council Member Jim Ward said funding is another piece, and one option is to consider
11 the Greene Tract as a funding source. He said there might be some agreement with a joint
12 conversation concerning affordable housing, affordable commercial area, school site, green
13 space, etc. He said this conversation needs to be re-opened and a footprint defined in order to
14 sell to a developer. He said these funds could go toward funding improvements on Rogers
15 Road.
16
17 2. Update on Orange County Bus and Rail Investment Plan (OCBRIP)
18 Implementation
19
20 Orange County Planning DirectorCraig Benedict said this is an update on the OCBRIP.
21 He noted that the sales tax passed last November and will go into effect April 1 st. He said
22 Triangle Transit is the implementing agency that will handle these funds. He said that Triangle
23 Transit has met with other local transit agencies to begin implementing the OCBRIP. He said
24 the implementation will include Martin Luther King bus route, Light Rail Alignment, Amtrak
25 Station in Hillsborough, as well as some rough funding formulas from the state and local
26 government.
27 He said an additional document, the Orange County Bus and Rail Investment Plan
28 Interlocal Implementation Agreement, was approved between Orange County, Triangle Transit
29 and the DCHC-MPO (Durham-Chapel Hill-Carrboro Metropolitan Planning Organization). He
30 said this implementation agreement has a staff working group and includes all the local
31 governments and transit agencies as well as adjacent MPO's.
32 Craig Benedict said to implement this plan, revenues from the tax will be looked at.
33 There have been estimates of anticipated first year revenues to be used for bus service
34 enhancements or support of existing services. He said this figure is $730,100, and this money
35 will be distributed to the local transit providers. He said that the shares are divided as follows:
36 Chapel Hill Transit with a 64% share; Triangle Transit with a 24% share; and Orange Public
37 Transportation with a 12% share. He said Triangle Transit has requested all local transit
38 planning agencies to come up with priority routes for the first year. He said these reports will be
39 communicated to Triangle Transit in the next 10 days. He said the implementation agreement
40 also identifies an annual review of revenues, cost of service and cost of projects. He said this is
41 still in the formative stages and the first rollout of services may be later this year, but will most
42 likely come in 2014.
43
44 3. Smoke Free Public Places
45
46 Orange County Health Director, Colleen Bridger, presented the following PowerPoint
47 Presentation:
48
49 Orange County Board of Health
50
5
1 Overview of the Rule
2 Where is smoking prohibited?
3 • Indoors
4 - Where the public is invited or allowed
5 - Regardless of public or private business ownership
6 • Outside
7 Municipal or County owned/controlled property
8 - Sidewalks
9 - Parks and Recreation facilities
10 - Bus Stops
11
12 Overview of the Rule
13 Where is smoking not regulated by the rule?
14 Overview of the Rule
15 Enforcement— Effective July 1, 2013
16 Smoke-free public places
17 RECENT history
18 2009
19 • House Bill 2 (HB2) passes
20 • November - TRU students present Tobacco-Free Public Places idea to the
21 Board of Health
22 2010
23 • January 2 - HB2 goes into effect as the NC Smoke-Free Restaurants and Bars
24 Law
25 2011
26 • February— UNC School of Government Webinars on Local Authority
27 • April — Board of Health and Intergovernmental Park Workgroup Presentations
28 • November—Orange County Tobacco Control Workgroup Formed
29 2012
30 • February—Workgroup recommends BOH adopt Tobacco-Free Public Places
31 • June — BOH hears presentations by NC Tobacco Prevention and Control Branch
32 and Gayle Harris, Durham County Health Director. BOH adopts Strategic Plan to
33 review current smoking ban policies for expansion
34 • August - BOH Tobacco Subcommittee recommends Tobacco-Free public places
35 to BOH. BOH discusses and decides to limit consideration to Smoke Free public
36 places only.
37 • Smoke-free public places
38 Preparing for the vote
39 2012
40 • Early September— BOCC Chair met with municipal mayors to gauge support for
41 the Rule
6
1 • September— Elected Leader survey
2 • September - October— Public input
3 1. online survey
4 2. e-mail
5 3. telephone comment line
6 4. U.S. Mail, and
7 5. a public hearing
8
9 • October— Community Leader Forum held with 18 local leaders including elected
10 officials from 3 out of 4 municipalities
11 • October— BOH holds public hearing, votes and adopts rule 10-1
12 • Smoke-free public places
13 Preparing for the vote
14 2012
15 • November— Legal notices run in the local newspaper
16 • November—OCHD staff meet with law enforcement officials to discuss
17 consistency in enforcement and other concerns
18 • November— BOCC holds public hearing, votes and approves The Board of
19 Health's Rule 6-1
20 • Smoke-free public places
21 Jurisdictional Authority
22
23 After the BOH/BOCC Vote
24 • Municipal attorneys for Chapel Hill, Hillsborough and Carrboro question the
25 jurisdictional authority of the Board of Health
26 - Believe Councils must "opt-in" to participate
27 • Jill Moore from the School of Government publishes a whitepaper on
28 jurisdictional authority finding:
29 - Board of Health Rulemaking Authority applies to all jurisdictions in the
30 County and the BOCC approval is a procedural step similar to when they
31 approve BOH fees
32 • NC Attorney General's Office sends an Advisory Letter also stating the BOH
33 Rule applies to all towns within Orange County
34 • Durham and Orange County Attorneys concur
35 • Implementation
36
37 January 1, 2013
38 • "Soft Implementation" no penalties for non-compliance
39 Start with focus on 3 key areas
40 • Cessation
41 • Public Education / Communication
7
1 • Signage
2 July 1, 2013
3 • Enforcement begins
4
5 Implementation Philosophy
6 • Education and empowerment are the essential components to the adherence of this
7 Rule. Enforcement will only be used when absolutely necessary.
8
9 Presentation turned over to Board of Health Chair, Tony Whitaker
10
11 Board of health's rationale
12 • Tobacco use and exposure to smoke are leading preventable causes of illness and
13 death in Orange County
14 • There is no safe level of second hand smoke
15 • Orange County is one of the healthiest counties in the state, in part due to the fact that
16 we are a progressive leader in public health
17 • Boards of Health have the responsibility to protect the public's health and to adopt rules
18 necessary for that purpose (NC GS 130-39(a))
19 • BOH was committed to a deliberative, inclusive, thoughtful process that spanned nearly
20 2 years
21
22 BOH Chair Tony Whitaker said that there has been a dramatic and immediate positive
23 impact on public health in communities across the country where smoking bans have been
24 implemented. He said that the BOH has the authority to implement rules for the protection of
25 the public health, as well as a mandate and the ability to do so because of legislation. He said
26 there has been a lot of time spent sifting through the logistics and legal basis for actions the
27 County might take, and he outlined sources of information.
28 Commissioner Price asked how enforcement will play out.
29 Colleen Bridger said experience with experience with no-smoking in restaurants has
30 shown that the majority of enforcement is done with education by fellow citizens. She believes
31 this will be the same situation in the vast majority of cases with the new rules. She said it is
32 anticipated that this could be burdensome to law enforcement; and systems are being designed
33 to re-direct any 911 calls regarding this away from law enforcement. She said there are teams
34 of educators being sent to heavy smoking areas, such as the courthouse. These teams will do
35 as much as possible to educate and divert the burden from law enforcement. She made a
36 comparison to the open container law and the discretion required in the decisions regarding
37 when and where enforcement is needed.
38 Mayor Kleinschmidt said he does not feel the analogy with restaurants works because of
39 the contrast between the outdoor and indoor situations.
40 Council Member Jim Ward asked how is the county addressing funding and resources
41 for signage and education within Chapel Hill and other municipalities versus more rural areas.
42 Colleen Bridger said they are concentrating most resources in areas where the
43 population is most concentrated.
44 Council Member Jim Ward asked if there was collaboration with the Town of Chapel Hill
45 staff to assist with identifying these areas and Colleen Bridger answered yes.
8
1 Council Member Jim Ward asked about the area of Chapel Hill in Durham County.
2 Colleen Bridger said Durham County enforces this area because it has a similar policy.
3 Council Member Sally Greene asked about enforcement and fines and how this is
4 managed in different scenarios.
5 Colleen Bridger said that she imagines, 99% of the time, if an officer sees someone on
6 the sidewalk smoking, the person will be asked to put out the cigarette; the cigarette will be put
7 out and the officer will move on. She said there may be some scenarios, especially where
8 alcohol is involved, where the person is belligerent. In these cases it will be the discretion of the
9 officer in delivering citations. She said that in scenarios where there is outdoor eating, such as
10 in Hillsborough, where the sidewalks are owned by the town; it is the restaurant owner's
11 responsibility to inform people that they cannot smoke at those tables.
12 Council Member Matt Czajkowski asked what instructions law enforcement are being
13 given for addressing this issue with residents. He said that requiring an officer to apply the type
14 of discretion being discussed is not police procedure. He said his request is to have the police
15 chief to come to explain the instruction officers are being given and how much burden this
16 places on them.
17 Mayor Kleinschmidt said he also feels this would be helpful and he feels that most of the
18 time officers will just ignore the smoking.
19 Council Member Lee Starrow said this brings to mind the seatbelt ordinance. He said
20 he would hope that the law enforcement doesn't spend the bulk of their time only enforcing
21 seatbelt ordinances. He said is easy to get stuck in the small details, but overall this is about
22 public education and setting cultural norms.
23 Mayor Kleinschmidt said he is most concerned about the calls to the police, because
24 these calls will require follow up.
25 Council Member Matt Czajkowski said this same discussion occurred regarding cell
26 phones. He said a law is passed with an enforcement mechanism, with the presumption that
27 the police will ignore it. He questioned the legal structure of this and he said the police need to
28 be informed and able to enforce it. He said if it is about education then there should be an
29 educational program, not the creation of a criminal offense.
30 Council Member Lee Starrow asked if the seat belt law should also be done away with.
31 Mayor Kleinschmidt said that is a state law and he agreed with Council Member Matt
32 Czajkowski.
33 Commissioner Price said she feels the market will take care of the issue in restaurants,
34 but she is concerned about law enforcement. She questioned what the recourse will be if
35 smokers are driven off the sidewalks and then just move into the streets where the cars are.
36 Colleen Bridger said smoking in the streets obviously cannot be banned. She is hopeful
37 this will not be the case for the majority of people. She said this does move second hand
38 smoke away from the public areas.
39 Commissioner Pelissier noted that Durham County implemented a very similar rule
40 about a year ago. She asked about their outcome, and if there have been problems as it
41 relates to law enforcement.
42 Colleen Bridger said she has not heard about that in any discussions with Durham about
43 the challenges. She said Durham County had the same questions about jurisdictional authority
44 and decided that the BOH had the authority to pass the rule and it does apply to the City of
45 Durham. She said the effort is an attempt to change the culture, and overnight results are not
46 expected, nor are heavy handed enforcements. The focus should be on education and
47 empowerment.
48 Mayor Kleinschmidt suggested wrapping this up and said he would ask for follow up with
49 the police and sheriff.
9
1 Chair Jacobs said there should also be a request for a report on how this is working in
2 Durham, and how it affects law enforcement.
3 Mayor Kleinschmidt said he does not believe there are any signs about smoking in
4 downtown Durham, so in seeking information from Durham, it needs to be relevant data. He
5 said the program is now three months into the 6 month period education span and he works in
6 downtown Chapel Hill. He said he would like to know what is going on with this education
7 component in their area because he sees no evidence of it.
8 Mayor Kleinschmidt personally objects the BOH's jurisdiction over Chapel Hill and its law
9 enforcement.
10 Colleen Bridger said their education campaign has been slowed by questions similar to
11 those discussed tonight. She said it has been a challenge to work with town staff that is
12 unsure whether town leadership will support their involvement. She said the BOH is waiting for
13 clarity on this before heading out with public works and planning folks to determine signage
14 needs.
15 Mayor Kleinschmidt said he would ask that the 6 month education period be started and
16 not be incorrectly noted to have begun on January 1St if it did not.
17 Colleen Bridger said her request is to have a deadline by which these issues are
18 resolved so that it does not drag on and prevent enforcement of the rule.
19 Mayor Kleinschmidt said this will be talked about at the Town Council Meeting.
20 Council Member Jim Ward said Mayor Kleinschmidt is the mayor and he does not speak
21 for everyone on the Council. He said he is personally supportive of the BOHs efforts and of
22 working with the police staff to see how the town can be part of the solution.
23 Mayor Kleinschmidt said he has no objection to the rules being discussed by the BOH,
24 but he has objection the Board of Health's extension of jurisdictional authority over the town.
25
26 4. Solid Waste/Recycling
27
28 a) Discussion on Process to Develop New Inter-local Agreement
29
30 Michael Talbert said this is the process of developing a new inter-local agreement. With
31 the closing of the landfill on June 30th, the existing inter-local agreement from 1999 goes away.
32 He said that as the landfill closes, many other things associated with solid waste will continue.
33 These items include: recycling, construction and demolition landfill, convenience centers, and
34 yard waste and light goods programs.
35 He said staff, the Solid Waste Advisory Board (SWAB), and the Assembly of
36 Government feel that an inter-local agreement is a good thing to have in place to optimize
37 recycling and conservation easements in regard to solid waste.
38 He said there was a work group established in 2010 to work on a new inter-local
39 agreement, but this did not come through. He said Chapel Hill staff and county staff have been
40 working on this issue for the past several months and would like to bring this agreement
41 forward at some point.
42 Chair Jacobs said that there have been several questions from Carrboro regarding
43 when the Solid Waste Advisory Board would begin meeting again. He said that the response
44 always stated this would happen when there was a new inter-local agreement. He said that if
45 there is to be an entity working on solid waste issues on behalf of the three municipalities in the
46 County, there needs to be a framework for operation.
47 Chair Jacobs said it is not clear how the SWAB can continue to meet without an
48 agreement. He said it would be good to find out what all the different entities envision in order
49 to move forward.
10
1 Frank Clifton said there are a lot of undecided issues and it really does not make sense
2 for a group to meet without a clear charge. He said hopefully in the coming months boundaries
3 can be resolved and the charge can be re-established. He said that the actual charge needs to
4 come from the elected officials, not staff. He said he senses some frustration that the elected
5 boards and jurisdictions have not been able to come together on some of the issues.
6 Town Manager Roger Stancil said the county manager has been keeping the town
7 informed about the Board of County Commissioners' actions.
8 He said the garbage disposal is being moved to Durham County and this is being
9 coordinated with county staff. He said there have been conversations with Carrboro about
10 mutual work in the collection of commercial garbage and the efficiencies to be gained by
11 working together. He said that once this works, the discussion can be applied to residential
12 garbage.
13
14 b) Town of Chapel Hill's Solid Waste Plans
15
16 Town Manager Roger Stancil there are preparations for a potential transfer station on
17 town owned property. He said an RFP is being looked at for getting bids from private entities to
18 do a turnkey provisional transfer service; and there is also consideration of a town-owned and
19 operated transfer station in partnership with Carrboro.
20 He said, with the decision of the county to change its recycling model, the three
21 managers think it may be good to put out an RFP for recycling services within the towns. He
22 feels that, with the housing density, there would be savings for the towns to operate recycling in
23 the urban areas and for the county to continue that in the rural areas.
24 He said the direction is that the three towns put out an RFP to get more information.
25
26 c) Franchise and Recycling Options
27
28 Chair Jacobs said the county has not decided anything about recycling yet and will have
29 a discussion at their April 9th meeting.
30 Town Manager Roger Stancil said Frank Clifton has kept them informed and he just
31 wants to be ready to act.
32 Frank Clifton gave some general background information. He said the Board of County
33 Commissioners has only taken actions as required by state statute in order to keep all options
34 open.
35 Frank Clifton said, prior to 2004, recycling was funded out of landfill fees. In 2004 the
36 county implemented a fee to cover countywide recycling services. This was followed, in 2011
37 with a solid waste fee to support those who use convenience centers. He referenced rulings
38 last year by the Supreme Court that local governments have no authority not granted by
39 legislature. He said unless there are changes to the rules in the legislature, there will need to
40 be a new methodology to fund recycling.
41 Frank Clifton said one option to consider is the franchise process, which would be a
42 voluntary, fee based system with the potential for multiple vendors. He said if a decision was
43 made for the county to afford recycling, there are enough reserves set aside for equipment and
44 operation within the existing program to cover this upcoming fiscal year. He said there are no
45 funds to extend it beyond that year, and work would need to begin early to set up for transition
46 to the vendor, franchise system.
47 Frank Clifton gave the following other options: 1) The county could do away with
48 curbside recycling, which is certainly not a popular option. 2) The county could establish a
49 volunteer program where people can buy in or out. This has potential for abuse and sharing of
50 service, and the county will get the recycling, but may not get the full revenue to pay for it. 3)
11
1 There could be creation of a service district concept, similar to fire districts. One could be
2 county-wide with a segregated county wide tax levied to pay for it. This would be similar to the
3 system now. He said the county only serves 1/3 of the area outside of the towns with rural
4 curb-side. He said a special tax district could be created for that area. 4) The final option is to
5 put this in the county general fund and forget about it. He said the reality is that there are a lot
6 of demands already on the general funds.
7 Frank Clifton said he personally feels the county has focused on recycling and landfills,
8 but has not paid enough attention to solid waste, county wide.
9 Chair Jacobs said the legislators have introduced a draft bill related to this. He read the
10 title and said it is another route being explored.
11 Commissioner Rich said this is a shame because the county has an amazing recycling
12 program and staff and are known throughout the state for this program. She said many people
13 in the community have spoken up and expressed their disappointment.
14 Commissioner Pelissier said she looked at this as an opportunity and suggested
15 consideration of pay as you throw programs. She would like to find a way to incentivize
16 recycling.
17 Council Member Jim Ward asked if the fees are still being collected.
18 Frank Clifton said the 4-r collections have already been done in January. He said the
19 budgetary recommendation is not to levy the 3-r fee for recycling until there is clear authority to
20 do so.
21 Council Member Jim Ward asked when the court case took place and Chair Jacobs said
22 in December.
23 Frank Clifton said this case has been through all of the courts in North Carolina, and the
24 State Supreme Court was the last to rule.
25 Council Member Jim Ward asked if this fee had been levied until the end of 2012 and
26 Frank Clifton said yes.
27 Council Member Jim Ward said he does not understand why there would be
28 consideration for continuing the program if it is not set up to pay for itself, and Frank Clifton said
29 it is not being continued.
30 Mayor Kleinschmidt said those fees that have been ruled as not collectible will not be
31 billed in the next cycle.
32 Frank Clifton said he understands it is the Board's decision, but his recommendation is
33 that those fees are not levied until the issue is resolved. He said there are only 2 of the 4 fees
34 in question.
35 Council Member Jim Ward asked if there is obligation to return that money.
36 Frank Clifton said he hoped not.
37 Council Member Jim Ward said he hoped on April 9th the town will hear about the
38 implications to Chapel Hill. He said he doesn't understand what happens to all of the education
39 programs and associated recycling efforts. He wonders if those efforts stay as is or if the town
40 will be on its own.
41 Frank Clifton said some of the educational efforts will stay as is and some won't. He
42 said the issues are curbside recycling and multi-family recycling. He said the programs
43 between governments will be discussed, but much depends on the course of action taken. He
44 said the service district gives the county the greatest number of options to continue all services
45 and perhaps justify expansion. This will only occur if the towns opt in to participate. He said
46 that the reason for the year option was to give communities the chance to sort through options.
47 He said the reserves fee is substantial enough to fund the greater portion of the next fiscal year.
48 Council Member Jim Ward said he hopes the county and town look beyond costs and
49 saving money, because this is a great program. He does not feel the current customer service
50 can be duplicated by someone who is not an invested part of the community. He said the
12
1 county's leadership in recycling is so great and he questions the implication of moving to
2 franchise. He does not want to see quality of service and the rate of recycling lost in the
3 shuffle. He said he feels the county manager's proposals and the town's reactions bode poorly
4 for quality of service.
5 Town Manager Roger Stancil said it was the three town managers' opinion that the
6 same level of service would be able to be achieved for less cost, because of density and the
7 ability to integrate the program with pay as you throw and other collections. He said solid waste
8 is a big core service and there are some real ways to gain efficiency. He said he is not
9 advocating for anything at this point.
10 Chair Jacobs referenced the legislative ruling from the State Supreme Court on Lanvale
11 Properties LLC versus Cabarrus County. He said if you read comments from State Legislators
12 further restricting counties, this case is cited as part of the rationale.
13 Council Member Lee Starrow said he gives thumbs up to the pay as you throw option.
14 He said there is something very unsatisfying about a voluntary program, and he feels that the
15 final two options the Manager laid out seem to be the most successful.
16 Chair Jacobs said he agrees with Commissioner Rich and Council Member Jim Ward.
17 He said that it seems that the county and the towns are not planning together and he is
18 disappointed. He asked why the county is not part of the conversation about the transfer
19 station. He questioned why the elected officials are not meeting together to figure out joint
20 solutions rather than waiting to see what other jurisdictions are doing. He asked how a
21 comprehensive system can be achieved if everyone is operating in different realms. He is
22 willing to meet with other elected officials about this. He said the reason solid waste has been
23 so successful is because elected officials in the past made decisions to do solid waste together
24 and set an aggressive goal. He urged his colleagues to plan more together. He said SWAB
25 does not have a charge at this point. He said that a short term charge could be developed to
26 allow meetings and development of a new inter-local agreement.
27 Mayor Kleinschmidt said there is some tension here because this is a transition point in
28 a process that had previously worked so well. He said it is in the interest of all of the towns,
29 which have limited their growth but expanded their numbers, to look at the alternatives to create
30 efficiency. He said it is easier to pick up recycling and solid waste in high density areas. He
31 said, with regard the countywide option, it would be unwise not to know what the opportunity,
32 cost and trade-offs would be when marrying urban and rural service.
33 Chair Jacobs said he is not sure that equal effort is being put into looking at the options.
34 He said he understands that it is reasonable to question assumptions in this transition period,
35 and to look at what is most cost efficient. He does not see the same effort going into
36 investigating how to work together in reaching goals.
37 Mayor Kleinschmidt thanked Frank Clifton for always including this as an option and he
38 said he fully expects the manager and the Board to come up with solutions incorporating the
39 varying densities of the entire county. He said the role of the county is to see the options
40 county-wide, and the town's role is to consider the options that best serve the taxpayers of
41 Chapel Hill.
42 Chair Jacobs said he would just like to make sure both sides get back together before
43 any decisions are made.
44 Commissioner Price pointed out that the term county-wide does not include the entire
45 county when referring to service areas.
46 Mayor Kleinschmidt said he was referring to her responsibilities as a County
47 Commissioner.
48 Commissioner Price said she is looking forward to continuing to work with the towns in
49 coming up with a solution. She said she appreciates Commissioner Pelissier's comment about
50 viewing this as an opportunity.
13
1 Frank Clifton said the services that are provided within the towns are a contract service.
2 He said another option that he left out is to create a solid waste authority, like OWASA,
3 with different service levels.
4 He said all of the managers meet regularly and know that there are differences between
5 all of them. He said the problem with a combined solution is that someone loses and someone
6 wins. He said that is where the compromise in the leadership and the elected officials comes
7 in. He said there will always be inequities in the service cost, but the managers try to find the
8 best solutions and stay aware of the issues.
9 Chair Jacobs said, if the Board of County Commissioners is going to be considering
10 alternatives for recycling, and will be making a decision in the near future, he suggested that
11 the elected boards get together to discuss things before making a decision that might drive
12 them apart.
13 Frank Clifton said, considering the timeframe, a solution needs to be in place by June
14 2014. He said it is incumbent for the elected officials meet again before anyone acts and he
15 said the Chair and the Mayor need to take leadership roles. He said the managers talk
16 constantly to stay on top of these issues.
17 Mayor Kleinschmidt said that the managers are doing what they need to do in order to
18 make sure the other officials are in a position to make a decision when needed.
19 Chair Jacobs summarized that there should be an understanding that the towns and
20 counties will get together again, before anyone makes an irrevocable decision, and Carrboro
21 and Hillsborough will be included.
22 Town Manager Roger Stancil said this has allowed the town to bring the university back
23 into the conversation as a willing partner in the efforts. He said there are also joint
24 conversations with the City of Durham.
25
26 5. Town Perspective on Annexation Changes and Joint Land Use
27
28 Mayor Kleinschmidt said this was well articulated earlier in the discussion of item 1.
29
30 Council Member Harrison left at 9:10.
31
32 Chair Jacobs referenced earlier comments regarding the BOH intruding on prerogatives
33 of the Town of Chapel Hill and said he has attended meetings with County Commissioners who
34 feel the same way about municipalities annexing into county jurisdiction. He said that if there
35 are unresolved issues created by the potential loss of ETJs, then meetings should be held in a
36 collaborative spirit to figure out how to proceed. He said that if there needs to be a joint
37 planning work session versus a public meeting, then the staffs could work toward this. He
38 suggested that the Rogers Road Task force could also bring their report to this.
39 Mayor Kleinschmidt said a meeting should be held in the fall for joint planning
40 discussions.
41 Commissioner Gordon said she strongly encouraged them to do this and she said this
42 joint planning is unique to the county and she would like to see it continue.
43 Frank Clifton said one of the options is for the county owned land and the jointly owned
44 land around Rogers Road to become part of the town limits to clarify the issue and give the
45 area plan more validity. He said Rogers Road planning should not be considered dead
46 because of the legislative issues.
47 Mayor Kleinschmidt said this option would keep Chapel Hill at the table and would
48 preserve its ability to participate in the solutions of the task force.
49
50
14
1 6. Chapel Hill Development Agreement Process Update for Homestead Road Campus
2
3 Mayor Kleinschmidt said last week the town began creation of a development
4 agreement process for large scale, long term development projects. He said this agreement
5 would require 25 acres or more, could reach out 25 years, and is free of quasi-judicial
6 restrictions normally associated with permitting. He said it allows for incorporation of
7 community and government elected officials to come to the table in meaningful conversations.
8 He said the staff's proposal for how this will work has been adopted and will be applied
9 to the Southern Human Services Center expansion/master plan. He said it does cost more on
10 the front end, but in the end it is less expensive than going one permit at a time.
11 Town Manager Roger Stancil said the next step would be for the town staff to meet with
12 the county staff and explain the process and make a recommendation.
13 Mayor Kleinschmidt said both parties would have a period of evaluating if this
14 agreement should be done, before coming together to see if this is the best model for both.
15 Chair Jacobs asked if there could be negotiation around spreading the fees over the
16 lifetime of the project.
17 Council Member Jim Ward said everything is negotiable.
18 Commissioner Gordon said she would like to underscore this cooperation. She said this
19 campus is a place to offer consolidated and coordinated services and provide access to many
20 county services at once. She said she would love to see this move forward.
21
22 7. INFORMATION ITEMS
23
24 a) Memorandum with Update on Town and County Library Activities
25 No discussion
26
27 b) Visitors Bureau Update
28
29 Council Member Jim Ward suggested Chapel Hill/Orange County Visitors Bureau
30 Director Laurie Paolicelli be given a chance to speak on this update.
31
32 Laurie Paolicelli said, of the ten hotels in Chapel Hill, one of the biggest things is that
33 weekends are selling out. She noted that only 25 cents of every business dollar is left at the
34 hotel. She said travelers don't just come to pay for a hotel, but they come for another purpose.
35 She said that the economy is starting to dip mid-week and this is the business that pays the
36 higher rate.
37 Laurie Paolicelli said the challenge regarding the hospitality industry was to come up
38 with a campaign to stimulate mid-week business. She said it was realized that new audience
39 needs to be cultivated in order to prevent taking away business from one hotel to another. This
40 led to the placement of ads in the New Yorker, Wired, Golf Digest, etc. She said that rates are
41 increasing and this is a good metric for success, even better than occupancy. She said that
42 rates and revenues are up. She noted that Carolina Inn is suffering a bit.
43 She said a study done recently asked what would make people most likely to come to
44 the area. She said the respondents wanted to know about food, nightlife, economy, and
45 entertainment, outside of the University. She said it was clear that Chapel Hill needs to be
46 more in the foodie and music business.
47 Laurie Paolicelli said the Visitors Bureau has partnered with UNC to create a national
48 music campaign called Listen, and there will be much more coming out from a music
49 standpoint. She said the bureau continues to work on the parking problems and there is some
15
1 concern over the construction happening over the summer; however, she feels there has been
2 good communication about this issue.
3 She referenced the possible relocation of the Visitors Center, which is in its infancy.
4 She said there is growing demand, a need for more parking, and a possible need to be
5 strategically located on the interstate. She said the overall metrics are good and Chapel Hill
6 has 90% positive feedback.
7 Mayor Kleinschmidt said he thinks it is a big mistake for the Visitors Bureau (VB) to
8 move out of downtown Chapel Hill and away from what it is selling-which is Chapel Hill.
9 Laurie Paolicelli said that this consideration is based off of responses from visitors
10 regarding difficulty locating the VB and difficulties with parking. She said this seems to be
11 escalating, and the move is still a conversation at this point.
12 Mayor Kleinschmidt said he is just concerned about the VB's ability to be successful in
13 its mission. He said he feels this mission is undermined if the VB is not located in the area that
14 it recommends to visitors.
15 Council Member Matt Czajkowski said he would like for the old library to be back on the
16 table as a venue for the Visitor's Bureau, and he noted that it has 27 parking spaces.
17 Commissioner Price said she would like to see the VB stay in downtown Chapel Hill.
18 Frank Clifton said the issue is that visitors are not necessarily walking to the Bureau,
19 and they come by automobile and can't find a place to park. He said that with the community
20 college next door, the parking lots stay full. He said the effort is to find an effective way to get
21 business, not for the people that live here, but for the visitors.
22 Mayor Kleinschmidt suggested the east end or next to a hotel.
23 Laurie Paolicelli said the high traffic coming into town from 185 and 140 and MLK Edge
24 project were all considerations.
25 Mayor Kleinschmidt said that this is not what visitors are coming to target.
26 Frank Clifton said the issue for the county is people not being able to find the visitors
27 center. He said that if you are near enough to the interstate, it will allow signage on the
28 interstate directing people to the Visitors Center where information can then be given on finding
29 downtown. He said this creates more opportunity for interaction.
30 Council Member Jim Ward questioned how the VB will know exactly where to put
31 signage and said this will potentially only draw in a fraction of people coming in. He said that
32 this will eliminate the other people because the VB will be on the outer spokes of the wheel, so
33 to speak.
34 Chair Jacobs suggested that this be discussed at a future meeting.
35 Commissioner Dorosin noted that Chapel Hill has some OWASA appointments coming
36 up and all current members are Caucasian. He said there needs to be consideration of adding
37 some diversity on that board.
38
39 ADJOURNMENT
40 The meeting adjourned at 9:35.
41
42
43 Barry Jacobs, Chair
44 Donna S. Baker, CMC
45 Clerk to the Board
46
1
I DRAFT Attachment 3
2
3 MINUTES
4 BOARD OF COMMISSIONERS
5 Public Meeting to Discuss a Board Meeting Room in the Whitted Building
6 April 4, 2013
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met for a public meeting to discuss a board
10 meeting room in the Whitted Building on Thursday, April 4, 2013 at 7:00 p.m. at Whitted Building
11 in Hillsborough, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
14 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
18 Michael Talbert, Clarence Grier, and Deputy Clerk to the Board David Hunt (All other staff
19 members will be identified appropriately below)
20 TOWN OF HILLSBOROUGH: Mayor Tom Stevens
21 ORANGE COUNTY SCHOOLS: Chair Donna Coffey
22
23 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
24 AGENDA FILE IN THE CLERK'S OFFICE.
25
26 Chair Jacobs called the meeting to order and reiterated that this is not a public hearing,
27 but an information session. However, there can be some public comment.
28 Introductions were made.
29 Mayor Tom Stevens welcomed everyone to the meeting. He recognized Town Board
30 members.
31 Orange County School Board Chair Donna Coffey welcomed everyone.
32 Chair Jacobs said that there have been discussions about sharing meeting space with
33 the County and the school board and having those school board meetings televised as well.
34
35
36 1. Conceptual Floor Plans & Aggregated Board Meeting Calendar Presentations
37 Jeff Thompson and Architect Ken Redfoot made a PowerPoint presentation.
38
39 Commissioner Dorosin arrived at 7:13 p.m.
40
41 Whitted Space Use Public Meeting
42 April 4, 2013
43 Richard E. Whitted Building
44 Intended Outcome:
45 ■ Share Information
2
1 ■ Receive Public Comment
2 ■ Discussion
3 ■ Permanent BOCC meeting facility site
4 ■ Potential Shared Use
5 General Background:
6 ■ Richard E. Whitted Center Highlights:
7 ■ 1922: Grady A. Brown School
8 ■ 1936: Auditorium Addition
9 ■ 1957: Building "B", Central Recreation
10 ■ 1975: Acquired by Orange County
11 ■ Renovations
12 ■ 1982, 1994, 2004, 2011
13 ■ 2nd Floor Area: 13,086 sq. feet
14 ■ Auditorium: 286 seat limit
15 ■ Zoning: Office— Inst.
16 ■ Parking: 197 lot spaces - 22 on-street
17 General Background:
18 ■ Past & Present County Uses
19 ■ Grade 1-12 School
20 ■ High School
21 ■ Library
22 ■ Health & Dental Services
23 ■ Housing, Human Rights & Community Development
24 ■ Recreation
25 ■ County Administrative Offices
26 ■ Facility Use Background
3
1 ■ 2010-11:
2 ■ Library Move; 2nd Floor Vacancy
3 ■ Link BOCC Meeting Room Study
4 ■ Health Department Renovation
5 ■ Sprinkler system
6 ■ Structural reinforcement
7 ■ 2012-13:
8 ■ Orange County Cultural Center Discussions
9 ■ Hillsborough Joint Meeting Discussions
10 ■ Administrative Office Space Discussions
11 Space Planning Principals
12 ■ Effective, Permanent BOCC Meeting Space
13 ■ Potential Shared Use
14 ■ Orange County
15 ■ Hillsborough
16 ■ Orange County Schools
17 ■ Visitor's Bureau
18 ■ Orange County Cultural Center
19 ■ Parking
20 ■ Access, Egress
21 ■ Restroom Requirements
22 Parking Needs
23 ■ Hillsborough Administrative Approval:
24 ■ 192 Spaces Required
25 ■ Paved Surfaces
26 ■ East Lot
4
1 ■ South of Tryon Lots
2 ■ Additional 25 Spaces Constructed
3
4 Access, Egress, Restrooms
5 ■ Fire Egress
6 ■ Effect of Sprinkler System
7 ■ Areas for Rescue Assistance
8 ■ Hand Railing
9 ■ Handicap Egress
10 ■ Restrooms
11 15 fixtures to meet maximum need
12 Financial Impact
13 ■ Schematic Budget:
14 ■ $1.2 million - $1.4 million —for Meetinq Facility only
15 ■ Performance Center needs/costs would be addressed by Orange
16 County Cultural Center
17 Potential Shared Use Planning Guidelines
18 ■ Board adopted Facilities Use Policy is guiding document
19 ■ No leasing arrangements to potential users
20 ■ Operating Agreement framework contemplated for potential arrangement with
21 Orange County Cultural Center
22 Aggregate Board Calendar
23 ■ Typical annual calendar for Hillsborough based meetings
24 ■ Annual dates established in their entirety in advance
25 ■ Predominantly evening meetings
26
27
28 Ken Redfoot showed pictures of the various options for this building.
5
1 Chair Jacobs said the County had a joint meeting with the Town of Hillsborough and a
2 presentation in February, so the County Commissioners have already had this presentation. He
3 welcomed any questions.
4 Jeff Thompson said staff has prepared a schematic budget for a meeting facility, but not
5 the additional uses. He made reference to the Facilities Use Policy for any shared use of this
6 facility. He then showed the calendar for the aggregated board meetings.
7 Chair Jacobs said there is a potential of 22 Orange County Commissioner meetings in
8 Hillsborough.
9 Betty Eidner, a Hillsborough citizen, asked about the cost if another group was to use
10 this building for meetings.
11 Jeff Thompson referred to the Facilities Use Policy for this question. Currently, the
12 policy is that the costs are associated with the type of resources needed for the type of use.
13 Kathy Alberta, a neighbor to the facility, asked if there was a feeling that there were
14 other viable meeting spaces.
15 Chair Jacobs said that the Board of County Commissioners meets all over the place.
16 Staff prefers having one place to meet.
17 Donna Coffey said the school board meeting place is smaller than some people's
18 bedrooms. The school board has not discussed this yet or explored any opportunities.
19 Mayor Stevens said the Town Board typically meets at the Town Barn. This space in the
20 Whitted facility is quite large, so the Town might use it for their Quarterly Public Hearings and
21 possibly for their once a month meetings.
22
23 2. Town of Hillsborough Description of Potential Review Processes
24 Hillsborough Planning Director Margaret Hauth said this parcel is zoned Office-
25 Institutional, and under the Hillsborough Zoning Ordinance, the proposed uses are allowed.
26 If the facility would be used as an "Event Center", it would have to go through a Special
27 Use Permit process. She does not foresee this triggering the SUP process. A meeting facility,
28 offices, and performance facility fall under the zoning ordinance.
29 Chair Jacobs clarified there will not be decisions tonight.
30
31 3. Orange County Cultural Center(OCCC) Presentation
32 Margo Pinkerton made a PowerPoint presentation.
33
34
35 OCCC
36 Partnering with Orange County and Our Community
37
38 First Public Gathering
39 First public gathering in this room in many years
40 Thanks go to all of you present this evening
41 History of Whitted Building as gathering place
42 OCCC Mission Statement
43 The mission of the Orange County Cultural Center (OCCC) is to promote the public
44 understanding and appreciation of the creative arts and cultural history of Orange County, and
45 to stimulate the interest and participation of its members and the community by providing
46 affordable space for exhibitions, education, and professional endeavors.
47
48 A Grassroots Dream
6
1 Since mid-2000s
2 Grassroots origins
3 Desire for cultural center
4 Arts, culture, and community together in one place
5 Large space for community gatherings and performances
6 Educational opportunities for all ages
7 Serve the county, towns, and citizens
8 Outreach to rural communities
9 Supplement arts in Orange County schools
10 Became a 501 C3 non-profit organization in March of 2012
11 Contributors to OCCC Vision
12 The Orange County Cultural Center, a grassroots, non-profit organization, thanks the following
13 groups that have contributed to our vision for a cultural center in Orange County:
14 Hillsborough Arts Council
15 Orange County Arts Commission
16 Music Maker Relief Foundation
17 Orange County Historical Museum
18 Historic Hillsborough Commission/The Burwell School
19 Orange County Visitors' Bureau
20 Orange Community Players
21 Orange County School System
22 Alliance for Historic Hillsborough
23 Members of the literary, arts, social, and business communities
24 Business Support
25 OCCC also thanks the following businesses:
26 • Antonia's
27 • comma
28 • The Depot
29 Hillsborough Gallery of Arts
7
1 Panciuto
2 Purple Crow Books
3 Time and Tide Productions
4 The Wooden Nickel
5 OCCC Board
6 Diverse members of the community
7 Volunteer board members
8 Andrea Riley
9 Pat Revels
10 Callie Connor
11 Margo Pinkerton
12 John Delconte
13 Fred Stewart
14 Thomas Watson
15 Brad Curelop
16 Dave Gephart
17 Deryl McGuire
18 Sarah DeGennaro
19 Elizabeth Waugh, Executive Director
20 Why the OCCC?
21 Added value:
22 Nexus for arts, culture and the community
23 Hub for innovation and "Community"
24 Incubator for the arts as a vital public purpose
25 Education
26 Arts
27 Enhancement of facility usage
28 Provision of upfits
8
1 Gathering of diverse community members
2 Strong grassroots network
3 One-stop shopping —THE Resource
4 Economic Impact
5 Arts and historical attractions = cornerstone of tourism in Orange County
6 3 of top 10 Orange County attractions = arts-related
7 Presence of creative professionals » amount visitors will spend
8 Higher proportions of workers in arts-related occupations » retention and attraction of
9 residents
10 Presence of creative workers » rising household incomes
11 The Research Triangle Region employs 42,216 people in "creative enterprise".
12 "Economic Contribution of North Carolina's Cultural Industries" by the Policy, Research, and
13 Strategic Planning Division of the NC Dept of Commerce, June 2009.
14 ["1 "Creative Economy: The Arts Industry in North Carolina", NC Arts Council, 2007.
15 Economic Impact
16 Nonprofit arts attendees = $22.87 above event cost
17 Non-local attendees = 2x more than local attendees ($38.05 vs $21.75).1"'1
18 Total visitor spending in Orange County = $144.07 million in 2010.I'v]
19 Clean "industry"
20 Even out seasonal fluctuations
21 Businesses thrive
22 Taxable dollars
23 "Arts & Economic Prosperity III: The Economic Impact of Nonprofit Arts and Culture
24 Organizations and Their Audiences", Americans for the Arts.
25 I'v]Orange County office of Economic Development
26
27 What Sorts of Events?
28 Many groups and individuals have expressed the desire for appropriate venues for:
29 Educational events for all ages
30 Art, movement, and music classes for all ages
31 Poetry readings, writing workshops, and other literary events
32 Cultural and historical exhibits
9
1 Display of local artists' work
2 Small and large theater productions
3 Music and dance performances
4 Rehearsals for theater and dance performances
5 Church gatherings and events
6 Reunions, weddings, dances, and conferences
7 Whitted Use Calendar
8 Typical 12-week calendar BOCC, Hillsborough, School Board
9 BLUE 35%% low —impact use, 1-20 people GREEN 35%% medium-impact use, 21-50
10 people YELLOW 29% high-impact use 51-250
11
12 Whitted Use Calendar
13 Typical 12-week calendar BOCC, Hillsborough, School Board, OCCC
14 BLUE 48% low —impact use, 1-20 people GREEN 31% medium-impact use, 21-50 people
15 YELLOW 21% high-impact use 51-250
16
17 Whitted Partners' Calendar
18 Typical 12-week calendar for government groups and OCCC
19
20 Government use = that by the Board of County Commissioners, Hillsborough Town
21 Board, and Orange County School Board always take top priority and are set a year in
22 advance
23 OCCC's goal to do the same
24 Start modestly— dip toes into the waters
25 Grow slowly and carefully
26 Understand the OCCC may outgrow the Whitted Building
27 Whitted Partners' Calendar
28 Typical 12-week calendar for government groups and OCCC
29 Government use = that by the Board of County Commissioners, Hillsborough Town
30 Board, and Orange County School Board that always take top priority
31 • 48% low-impact use = 1-20 people,
32 20 events
33 • 31% medium-impact use = 21-50 people
34 13 events
35 5 government uses average 40-50 people, evening
36 8 OCCC uses average 25 people, daytime and evening
10
1 21% high-impact use = 51-250 people
2 9 events
3 4 government meetings, up to 70 people, evening
4 2 OCCC uses of 75-100 people, weekend afternoon
5 AKA Sorority mother/daughter tea, Sunday afternoon 1 x/year in
6 May
7 Central High Foundation Gospel singers, Sunday afternoon
8 1x/year in May
9 2 OCCC uses of 100-200 people, weekend evening
10 Yearly Central Orange Alumni Association dance, evening,
11 1x/year in May
12 Theater performance, 3x/year
13 1 OCCC use of 100 people, early weekend evening
14 Historical meeting, 4x/year
15 Not inconsistent with historic use of the Whitted Building.
16 Whitted Partners' Calendar
17 Other 1 x/year requests:
18 1 annual late-December holiday gathering, evening
19 1 family reunion in October, afternoon to early evening
20 1 November evening dinner, 6-10 pm
21 1 jazz event to compliment town festival, weekend evening
22 The Whitted Neighborhood
23 The OCCC is committed to maintaining an ongoing dialogue with the neighbors by:
24 Having a representative from the neighborhood on the OCCC board
25 Holding regular meetings with the neighbors to seek their input on scheduling of
26 events
27 Hiring law-enforcement officers for larger events to address parking and traffic
28 management
29 Summation for Sharing Space
30 Celebrate the arts as a vital public purpose
11
I Education
2 Arts
3 Whitted Building - an historic but underutilized building
4 Elegant space that speaks to complementary usage
5 Demonstrated desire for a center for arts, cultural, and social gatherings in
6 Hillsborough and northern Orange County
7 Support for the arts = tax dollars
8 OCCC as nexus for arts and cultural community
9 Sense of place and "Community"
10 Hub for innovation
11 Enhancement of facility usage
12 Provision of up-fits
13 Gathering of diverse community members
14 OCCC = Strong grassroots network
15 One-stop shopping —THE Resource
16 Start modestly, grow slowly, may outgrow space
17 Thank you
18 A number of our board will stay after the meeting to answer further questions.
19
20 Donna Coffey left at 7:54:46 PM.
21
22
23 A citizen said there is not enough parking for this facility.
24 Ken Thompson said the recreation facility is averaging 40-50 cars daily. He said there is
25 very little use of the east lot.
26 Commissioner Dorosin made reference to the slide about impacts and asked if the 20
27 events were all OCCC events or if those included government uses.
28 Margo Pinkerton said some of the low-impact uses are Town Board meetings and
29 County meetings, but there are also potential workshops put on by the OCCC.
30 Commissioner Dorosin said he wants a sense of the goal of programming for the OCCC.
31 Margo Pinkerton said it would depend on the neighborhood because the goal is to work
32 with the neighborhood to find a good fit.
33 Commissioner Dorosin asked about the source of revenue for things such as hiring law
34 enforcement, etc.
12
1 Margo Pinkerton said part of it would be from fund raising and there will also be an
2 operating agreement with the County.
3 Jeff Thompson said he does not envision any of the revenue from the Facilities Use
4 Agreement going to the OCCC, but only the ticket sales from events put on by the OCCC.
5 Rosie Summers lives near the Whitted Center. She said it sounded like the intent of the
6 operating agreement is for the cultural center to actually decide the events that will take place in
7 the Whitted Center as opposed to the County determining that by the Facilities Use Policy.
8 Chair Jacobs said this has not been discussed as a Board yet.
9 Jeff Thompson said the Facilities Use Policy governs the public use of County facilities.
10 The Eno River Farmer's Market is similar to this, in that there are very strict guidelines for the
11 facility use.
12
13 4. Public Comments
14 Mark Donnely is a volunteer with the Hillsborough Arts Council. One of the projects that
15 he loves is the Handmade Parade. He said there is no place for the people to work on this, and
16 this facility would be very helpful. He is a bit concerned that there may be another layer of
17 administration. In the past, they have gone directly to Orange County to apply for the space.
18 He is concerned that if OCCC coordinates it then there may be additional costs.
19 Deryl McGuire was representing the Orange Community Players. She said this is a
20 community theater that started about eight years ago. Orange Community Players does not
21 have a home but has been working in cooperation with the school board and churches. This is
22 a true community theater and it desperately needs a home. She said that this performance
23 facility is needed.
24 David Gephart is Chair of the Chapel Hill-Orange County Visitors Bureau. He is pleased
25 to see the positive conversation about the cultural center. The downtown literary and arts
26 community is growing and they need to strike while the iron is hot. He said Hillsborough's time
27 is now.
28 Cher Tuskey is a member of the Orange County Arts Commission and she spoke on
29 their behalf. She said the mission of the Arts Commission is to promote the arts in Orange
30 County. She said the cultural center's vision is consistent with the goals of the Arts
31 Commission. This space would provide a place for citizens to enjoy the lighter side of life.
32 Chris Graebner is a member of the Hillsborough Gallery of Arts. Many artists would be
33 interested in teaching classes, and this facility would provide a place for this.
34 Thomas Watson is a lifelong resident of this community. He said this location would
35 make a great hub for showcasing the diverse and wonderful culture of the community. He
36 thinks this building would be a perfect place to hold plays, reunions, concerts, etc. He thanked
37 the County Commissioners for renovating this site. He would like to see it used properly.
38 Steve Gardner lives on Tryon Street. He said he opposes the use of this building for the
39 proposed purposes of the OCCC. He said work has been done behind the scenes and many
40 neighbors were not aware of the proposed use until getting a letter from the Town of
41 Hillsborough in March. There is a concern about the impact of vehicles, noise, parking, lighting,
42 etc. He does not think these concerns have been adequately addressed. He said there was
43 strong neighborhood opposition in the past for a proposed private event house to hold events.
44 He said this proposal seems like an uncontrolled use of the space. He believes that the
45 proposal would be detrimental to the neighborhood.
46 Deborah White said, looking at the history of the building, the surrounding neighborhood
47 was in place and the use was compatible with the neighborhood. She shared what it was like to
48 live in the neighborhood. She hears the gravel of cars in and out of the parking lot every day.
49 There is noise from the chiller. She said there is a disparity between what is proposed and what
50 is experienced by the neighbors. She is concerned about the facility being used during the
13
1 evening hours for public activities. She said she would like information on the assessment for
2 impacts as presented by the OCCC. She would like to have alternative spaces considered.
3 Tinka Jordy is Co-Chair of the Hillsborough Arts Council. She said the Arts Council
4 supports using this facility for the arts in a very low-impact and organic manner. She sees this
5 as a temporary solution and not a permanent solution for cultural activities so that the
6 neighborhood is not impacted so severely.
7 Mike Kirby lives on Hassel Street. There is a parking problem there now. There are "No
8 Parking" signs and people still park there all day and night.
9 Steven Burke said no one can deny the importance of the arts and culture, but he can
10 question the location of this facility. He said this is a residential area mixed in with churches and
11 other activities. The question is whether this area can handle the additional traffic. He said
12 without an aggressive plan that accommodates the traffic of the narrow streets, this is not a
13 useful idea.
14 Paul Mitchell lives across the street and said the parking lot is a washout all the time.
15 He said one of the reasons he moved here was because there was a library that he could walk
16 to. He is not convinced that the community has invited this event center. He suggested looking
17 at the area at the old Wal-Mart for an event center because there is not a residential area there.
18 Callie Conner lives a block away from this facility and is secretary of the OCCC. She
19 has been committed to this venture. She said that this can be a transformative, cooperative
20 venture. She said children will be served through a variety of programs here. These uses are
21 the guiding philosophy of the board. She said one of the neighbors wrote a letter of support,
22 and she read, "The Whitted Building has always served as a busy place for the public
23 betterment—a school, a library, a recreation center, a senior center, health department, and
24 social services department. As such, this spot on Tryon Street has always been a source of
25 opportunity and life. As Hillsborough continues to thrive even with the accompanying
26 drawbacks of traffic and noise, we might see these as tradeoffs against the stagnation that so
27 many small towns in North Carolina experience. As for the Whitted neighbors, the OCCC will
28 truly make every effort to support concrete, responsible plans and solutions to ensure the
29 continuation of the tradition of vitality and community enhancement that the neighborhood has
30 enjoyed in the past."
31 Robert McDonald lives on W. Tryon. He said there have been issues and problems ever
32 since the recreation department has been there. There are issues of trash, parking, and noise.
33 Pat Revels thanked the County for entering into this dialogue. She attended the summit
34 on Hillsborough tourism recently and she heard words like community, hospitality, rich culture,
35 and a sense of place to describe Hillsborough. She serves on the Historical Foundation. She
36 serves as the representative for the Hillsborough Historic Museum on the OCCC. She made
37 reference to a letter of support in the agenda packet. She said the concerns are legitimate, but
38 she thinks this is a rare opportunity.
39 Andrea Riley is the Chair of the OCCC. She lives in Efland and she goes to the different
40 events all over the Triangle, but Hillsborough has her heart. She said this place has a special
41 draw. She works part-time at the Chapel Hill-Orange County Visitor's Bureau. She said
42 Hillsborough has wonderful shops and restaurants. Last Friday is a wonderful event. The
43 Whitted Center is a place people could walk to. She said the OCCC looked at the old Wal-Mart
44 building and there are huge pillars to hold up the ceiling and there is not a clear view. They also
45 looked at other facilities and they were too expensive or not attractive. She said this building is
46 beautiful and would be a perfect fit for the proposed uses.
47 Frank Miller said he went to school at Hillsborough High School, which was in this
48 facility. He said there are four street lights in the parking lot. He has picked up dirty diapers and
49 beer bottles. The dust from the parking lot comes into his house. He said the last thing he
50 wants is more traffic, dust, or noise. He said employees yell to each other across the parking
14
1 lot. He is ready for some peace and quiet. He said three minutes is not much time to talk about
2 something that may impact the rest of his life.
3 Kathy Alberta lives across the parking lot from this facility. She supports the arts and
4 she thinks there can be a use for it here, but there needs to be a solution for storm water runoff.
5 There is already storm water runoff affecting her house. She is looking forward to having a
6 contact person related to landscape architecture to help her.
7 Chair Jacobs referred her to Jeff Thompson.
8
9 5. Board Comments (Hillsborough, Orange County Schools, County)
10 Commissioner Rich asked about any opposition to having government meetings here.
11 Steve Gardner said the County does own the building and it is fair for the County to
12 utilize the building for meeting purposes.
13 Andrea Riley said the OCCC is listening to the concerns and they take them very
14 seriously. She wants to work with the County and the Town to figure out ways to solve the
15 traffic problems. She asked for a chance to work on these things. She said they do not want to
16 make this a neighborhood eye sore and concert venue. She wants to work with neighbors and
17 not against them.
18 Paul Mitchell pointed out that the community feels that they were not invited to the
19 neighborhood meeting. Very few people got an invitation. He is against having things such as
20 dancing in the gym. He said this is a place for small scale projects such as arts education
21 instead of dancing and reunions, since such large scale events are inappropriate for this space.
22 Citizen — said the building is in use currently from 8:00 in the morning and the proposals
23 could extend hours of usage to 12-15 hours a day every day. She said it is not just the usage,
24 but it is the amount of usage that is not appropriate.
25 Margo Pinkerton said they understand the concerns. She said they want to start
26 modestly and grow slowly with the input of the neighbors. If there was a rare large event, there
27 would be law enforcement hired for parking and traffic.
28
29 Commissioner McKee said he also attended school here and he remembers school
30 events in this room. He said he was adamantly opposed to the bottom of the Link Center being
31 used for a Commissioners' meeting room because the facility is not adequate and was too
32 expensive to renovate. He supports the idea of using this facility for a multi-use purpose for
33 three different boards and other events. He wants to get as much use out of the facility as
34 possible. He thinks everyone is willing to listen to the neighbors' concerns.
35 Mayor Stevens said this building has a lot of opportunity. There is some creative tension
36 that comes with that opportunity. There are many issues not resolved such as the permanence
37 of this building. He wants to see more engagement with the neighborhood because it has not
38 happened yet.
39 Chair Jacobs said the Board of County Commissioners appreciates everyone coming
40 and it is the obligation of the Board to listen to everyone. He suggested that the OCCC engage
41 the people that were in opposition to this use. There is potentially in the CIP $1.43 million for a
42 meeting room in this space if the Board of County Commissioners decides to proceed. The
43 hope is that the facility will be of use to more than just the Board of County Commissioners.
44 There would be an agreement that would express limits. If this becomes a meeting space, the
45 parking lot will be paved so there will not be the crunch of gravel or dust.
46 Deborah White said most county offices have been clustered around the courthouse
47 area. She said there should be more balance of uses between the historic district and the office
48 district. She is not against the arts, but she has a problem with some of the proposal.
49 Deryl McGuire said the County and the Town should get together first to come up with
50 the policies so that everyone knows them before moving forward.
15
1 Chair Jacobs said the next step is that next week the Board of County Commissioners
2 will discuss the capital investment plan. One of the projects is whether to make this into a
3 meeting space. The decision will be made at a regular meeting that will include public
4 comments. He hopes the staff will address some of the issues stated tonight.
5
6 Adjourn (Staff to Remain for Individual Questions and Discussion)
7 With no further items to discuss, the meeting was adjourned at 9:25 p.m.
8
9 Barry Jacobs, Chair
10
11 Donna S. Baker, CIVIC
12 Clerk to the Board