HomeMy WebLinkAboutAgenda - 06-18-2013 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 18, 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:
April 16, 2013 BOCC Work Session
April 17, 2013 BOCC Public Hearing on Fire Districts
April 23, 2013 BOCC Regular Meeting
May 7, 2013 BOCC Regular Meeting
May 28, 2013 Quarterly Public Hearing
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
1 Attachment 1
2 DRAFT MINUTES
3 BOARD OF COMMISSIONERS
4 WORK SESSION
5 April 16, 2013
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in a work session on Tuesday, April
9 16, 2013 at 7:00 p.m. at the Link Government Services Center in Hillsborough, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Alice M.
12 Gordon, Earl McKee, Bernadette Pelissier Renee Price and Penny Rich
13 COUNTY COMMISSIONERS ABSENT: Mark Dorosin
14 COUNTY ATTORNEYS PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
16 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
17 will be identified appropriately below)
18
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Northern Human Services Center Project Update
23
24 Chair Jacobs said discussion of this first item was moved to Hillsborough to make it
25 convenient for residents who live nearby to attend. He said this will continue to be done while
26 this item is under discussion. He will ask staff to give a timeline for discussions and decisions
27 on this issue; and the public will be notified when these meetings will occur and when there will
28 be opportunities for public comment. He gave a reminder that there is no public comment
29 during work sessions. He said the Board wants to insure that, during this process, people who
30 have invested in this project are aware of and participating in what is happening.
31 Commissioner McKee noted that the meeting room does not have good acoustics, and he
32 asked everyone to speak loudly.
33 Jeff Thompson said tonight will be an update on the Northern Human Services Center, and
34 he referred to the November 8th abstract. He said that in November of 2012 the Board of
35 County Commissioners authorized staff to move forward with option 2, which is an adapted re-
36 use of 10,000 square feet of the facility. He said this facility has significant cultural, historical
37 and social significance in the community, and there have been several meetings to gain
38 feedback from the residents.
39 Dave Stancil said he would give a brief history of discussions regarding the facility. He
40 said this building has been looked at by a variety of different groups over the last twenty years.
41 He said the building was rapidly becoming unoccupied and was very costly to heat and cool. As
42 part of the CIP discussions, the board asked that the community be engaged to determine what
43 the residents would like to see done to this facility. He said two meetings were held in 2012;
44 during the first meeting all 10-12 potential uses of the building were listed out. He said that this
45 list boiled down to community center type uses, reunion locations, wireless internet access, and
46 catering and commercial kitchen access. He said that in September two options moved
47 forward: 1) Start from scratch building a new facility; or 2) Keep the core rooms and then build
48 and memorialize around those, keeping the history. He noted that the building has a long
49 history as a school, dating back to 1950. He said the Board of County Commissioners chose
50 option 2.
2
1 Jeff Thompson discussed the constraints of the facility. He said the building is 37,000
2 square feet, with low demand and high operational costs. He said that, fully operational, cost
3 would be about $100,000 a year to heat and cool the building. The previous cost estimates,
4 included in the CIP to do renovations, were in the range of$2-3 million dollars.
5 He said there are restraints for water and sewer. The capacity is 2400 gallons per day and
6 the Cedar Grove Project is taking 1000 gallons. This leaves a net capacity of 1400 gallons per
7 day. He said Environmental Health has sized this capacity to be appropriate for a 10,000
8 square foot facility. The Board of County Commissioners chose to bring it down to a 10,000
9 square foot facility with re-adapted re-use that meets the needs of a community center.
10 He said, with that information, a Request for Qualifications (RFQ) process was started in
11 November to find an architect, and a resident design advisory committee was formed. He said
12 an architect was chosen out of Raleigh - MBAJ Architect. He said the qualifications of this firm
13 included previous community center projects, experience with adaptive re-use design, and
14 historically significant design experience. He said this project schedule allows for design in
15 2013-14 and construction in 2014-15, with a $2 million budget for construction and a $250,000
16 budget for design.
17 Jeff Thompson said there is an asbestos abatement process tied in with the construction.
18 He said that there were several discussions with the public and architects regarding the fact
19 that some parts of the building would not have to be cooled or heated. He gave an example of
20 a portico space tied back to Cedar Grove Park. He said that there have been discussions of a
21 potential Emergency Services sub-station and a tower complex to service emergency services
22 communication needs, as well as retail needs, such as wireless.
23 He said the department is now prepared to bring the contract with MBAJ Architects forward
24 for formal approval and to start the process of interfacing the public with the programming and
25 design. He said this process will move into summer, and there would be a presentation of
26 plans and ideas in the fall. He said the goal, after final approval from the Board, would be to
27 take it to bid for construction at this time next year.
28 Commissioner Pelissier said there were about 10 people who signed up in September to
29 be on the design committee. She asked if more citizens would be allowed to be involved and
30 Jeff Thompson said yes.
31 Frank Clifton said the architectural firm is expecting a lot of community interaction, and the
32 design committee meetings will be held up in that area.
33 Commissioner Price asked if the architectural firm would be presenting a proposal that
34 looks at the entire footprint of the building, or just the wings mentioned earlier.
35 Jeff Thompson said those wings are being looked at in an un-conditioned space
36 configuration which allows for outdoor usage. He noted that there are huge asbestos issues in
37 many areas of the building, such as ceilings, window parts, HVAC and flooring. He said that
38 the deconstruction gives some efficiency since the abatement can be done as part of it.
39 Commissioner Price said she met with community members earlier this month, and had
40 talked with staff. She said there is interest in preserving as much of the building as possible,
41 and she requested that the architect bring back another option for preserving the whole
42 building. She said it is apparent that the building can be considered a landmark for Orange
43 County, and there is a wealth of history in the classrooms. She said, even if the unusable
44 space has to be simply preserved for future construction at least that would preserve the
45 history.
46 Jeff Thompson said the firm can certainly do a holistic view of the facility with cost
47 estimates.
48 Frank Clifton said, in looking at options, there will be significant cost allocations, restrictions
49 and benefits to be considered. He said the overriding issue is dealing with the realities of doing
50 anything in the face of so many hurdles with septic, asbestos and other issues.
3
1 Commissioner McKee said the failure of sewer system has been mentioned, and the health
2 department is creating a timeline of how the system has functioned. He said he would like to
3 see this in the next abstract on this topic. He said he would like to see this process stay on
4 schedule with the timeline, with approval in June 2013 and proposed opening in early 2015.
5 Jeff Thompson said this timeline contemplates the entire fiscal year. He reviewed the
6 timeline from public programming, development, design, approval, bidding, and final
7 construction. He said the construction looks like an 8 month timeline, as long as there are no
8 unanticipated issues.
9 Commissioner Price said there are a lot of uses for this facility, and she wanted to reinforce
10 that there is a lot of history significance with this facility.
11 Commissioner Pelissier agreed with Commissioner McKee about keeping the timeline on
12 track. She asked if other options were considered, such as a farmers market, and would this
13 kind of option add significantly more to the costs.
14 Jeff Thompson said there are already parks and recreation staff members on site with
15 Cedar Grove Park and if there were no heating and cooling or interior costs, it would not be as
16 costly. He said this assumes that the structure can be saved without increasing the $2 million
17 number, and there would still need to be roofing and window replacement to make it suitable,
18 even for a farmers market. Jeff Thompson said $250,000-$500,000 would likely be required to
19 do this correctly.
20 Michael Talbert said when the CIP was put together last year, it was based it on a 10,000
21 square foot facility that saves the cafeteria, existing kitchen, the existing gymnasium and
22 perhaps the principal's office. He said that if the desire is to mothball portions of the facility, this
23 will add substantial capital costs. He said if it is just an open area only, that would be a different
24 scenario.
25 Jeff Thompson said part of the septic system has significant storm water infiltration, which
26 swells the system up, and this will need to be corrected. He said these corrections will have to
27 be made under the slab in the classroom wings.
28 Frank Clifton said the old sewer system is terra cotta and to solve these problems, the
29 buildings will have to be taken down to access under the foundation. He said Board of County
30 Commissioners will be provided as much of this information as possible.
31 Chair Jacobs clarified that the dates in bold on timeline —June 18th and October 15th —will
32 allow public comment at Board of County Commissioners' regular board meetings. He said he
33 has heard that the Board wants to stay with this timeline; the board wants to leave open the
34 possibility for more people to be part of design group; and the board wants to put all options on
35 the table with no pre-determinations. He said that the Board will then sort through the options,
36 listen the community and consider resources, before making a decision or recommendation.
37 Commissioner Rich asked if the Board would have the costs in front of them at all times
38 when making decisions.
39 Frank Clifton said efforts will be made to keep the Board apprised and he committed to
40 send a copy of the Health Department report on the septic.
41 Chair Jacobs said it is the Board's CIP and the Board can chose to do more in the future
42 and extend out plans over the next few years.
43 Commissioner Rich asked about the accuracy of the estimates on asbestos cleanup.
44 Jeff Thompson said the department is very comfortable with the scientist that has been
45 through the building.
46 Commissioner McKee clarified that the budget is $250,000 for deconstruction and
47 abatement and Jeff Thompson said yes.
48 Commissioner McKee was asked about the availability of local firms bidding on this project
49 construction and he wanted to be very clear that the spirit of the law will be followed on making
50 this project available to any qualified contracting firms.
4
1 Chair Jacobs pointed out that state law prohibits discrimination.
2 Frank Clifton said that there will be general contractors who may not be local but will hire
3 local subcontractors for some of the work.
4 Commissioner Price asked about minority contractor firms.
5 Chair Jacobs said this is covered in the state laws. He said that efforts have been made in
6 the past to give priority to local or minority contractors and this is constrained by state law.
7
8 2. County Commissioners: Boards and Commissions —Annual Work Plans/Reports
9
10 • Parks and Recreation Council (PARC) - Neal Bench, Chair and Dave Stancil,
11 Department of Environment, Agriculture, Parks and Recreation (DEAPR) Director
12 Neal Bench expressed appreciation for the invitation to speak, and he thanked the
13 Board of County Commissioners for serving the county. He said there is a lot of diversity on the
14 PARC board, and the members are thankful for their appointments. He said DEAPR has had
15 the pleasure to work with all of the current Parks and Recreation staff members, and there have
16 been several joint meetings and information sessions as part of putting together a PARC
17 Master Plan. He thanked the outgoing PARC Chairs.
18 He said some of the goals of the council are: to assist with the creation of the updated
19 master plan for parks and recreation; to assist with surveys; to attend information sessions; and
20 to lend their thoughts to various issues.
21 He said, with regard to the outside agency funding applications, the current council
22 would like for the county to look at the scoring system, relative to any outside agency that has
23 not done prior business with the council. He said that it appears that first time agencies are at a
24 slight disadvantage in the scoring process compared to agencies that have done prior business
25 with the county. He feels this may cause the county to lose out on opportunities to use some
26 very good agencies.
27 Commissioner Price asked if the council is moving forward favorably with the Mountains
28 to Sea Trail.
29 Mr. Bench said there have been favorable opinions expressed about this and he hopes
30 that the County will come to a conclusion as to the minimal affectation to private property.
31 Commissioner Pelissier asked about the item regarding communication with schools
32 about recreational use of school facilities.
33 Mr. Bench said the council is favorable to recreational opportunities for joint use of
34 facilities. He said that there was a letter of understanding generated with the school system,
35 that facilities should be available for use to the maximum. He said this is with an understanding
36 that the schools, especially high schools, use the facilities extensively; and there will be times
37 when the fields are available but can be damaged by too much use. He said the question of
38 whether school principals and administrators are on board is still being worked on, and there is
39 some forward progress.
40 Commissioner Gordon said that in the Intergovernmental Parks Work Group, this policy
41 discussion with the school boards has been revitalized, and there has been substantial forward
42 progress.
43 Commissioner Rich agreed that there has been comprehensive forward movement.
44 Commissioner Gordon said she and David Stancil met with representatives of the two
45 school boards, and they were willing to work on this issue.
46 Mr. Bench clarified that there was some cooperation happening all along, although there
47 was some back and forth. He said there was some use of the facilities and the goal is to
48 maximize the use.
5
1 Chair Jacobs said this has been one of the most chronic issues in the County with
2 regard to an inability to cooperate. He noted that David Stancil has worked on this for quite a
3 while.
4 Chair Jacobs noted that terms were extended for several of the council members, in
5 order to allow for completion of the master parks plan. He asked when an update would be
6 given.
7 Dave Stancil said this process is in the middle of focus groups and is scheduled to
8 report to the Board in May.
9 Chair Jacobs asked Dave Stancil to send dates and times of information sessions.
10 Chair Jacobs said the last item of the PARC is the possibility of a working farm
11 component park site. He noted that there is a judge in the county who would like to have a
12 working farm for misdemeanants to work off some of their debt to society. He gave an example
13 of this, from a similar farm in Oregon, in which the workers pay per hour was given as
14 restitution to the victims of their crimes. He said that perhaps, with a partnership between the
15 judicial system, the agricultural preservation community and the parks community, there could
16 be a creative solution.
17
18 • Advisory Board on Aging - Heather Altman, Chair (with Department on Aging
19 Director Janice Tyler)
20 Advisory Board on Aging Chair Heather Altman said the board tries to have engaging
21 meetings and she is representing her 12 member board, as well as 19,000 senior citizens. She
22 thanked Commissioner Pelissier for serving on the Master Aging Plan steering committee. She
23 said that the Commissioners presence is missed, and she gave an open invitation for the
24 Commissioners to join the board meetings in future. She said this is an extremely active board,
25 and many members work on sub-committees and are working hard on the Master Aging Plan.
26 She said there is usually a waitlist to join the board.
27 She said the board is so inspired by Janice Tyler and her staff and their commitment to
28 Orange County and its senior citizens.
29 She referenced the Master Aging Plan and said the board is actively working on 32 of 41 year
30 one implementation strategies and is moving forward toward Phase 2. She said this plan
31 outlines a variety of objectives and strategies looking at health and wellness for seniors in
32 Orange County.
33 She listed some examples of implementations as follows:
34 • Creation of a Chinese language service capacity
35 • Provision of educational seminars at the Senior Centers
36 • Development of a Department on Aging Information Dissemination Plan
37 • Development of an Emergency Medical Services falls prevention program
38 • Application submission for funding of a Mobility Manager/transportation
39 assistance program
40 • Expanded advocacy for use of transit tax
41 • Expansion of Low cost mental health counseling at the Seymour Center
42 • Creation of a Long Term Care Learning Collaborative
43
44 Commissioner Rich asked about Heather Altman's career life as it relates to her
45 volunteer life.
46 Heather Altman said she is the Director of Community Connections at Carol Woods
47 Retirement Community.
48 Chair Jacobs noted that he and Commissioner Gordon both served on the first two
49 iterations of the Master Aging Plan.
6
1 Heather Altman said this is the eleven year mark of the Master Aging Plan and this is an
2 awarding winning program. She said this was the first plan of its kind implemented in the state.
3 Chair Jacobs asked how guidance and service is made available to seniors
4 Janice Tyler said there is an aging helpline number and this is intended to be the one-
5 stop shop.
6 Heather Altman said there is a 411 and a 911 number and it can meet any need.
7 Janice Tyler said the board will be hearing more information about long term care
8 facilities in the near future.
9 Chair Jacobs suggested that information on the hotline be given to the public affairs
10 officer for a possible press release.
11
12 • Agricultural Preservation Board - Howard McAdams, Co-Chair; (with Department
13 of Environment, Agriculture, Parks and Recreation Director David Stancil)
14
15 Howard McAdams said the board is increasing the number of acres in the voluntary
16 agriculture districts. He said that a year ago, there were 2,956 acres and there are now 4,597
17 acres in the districts. He said that by June 1 there will be 5,463 acres. He said agriculture is
18 thriving in Orange County and strawberry season is approaching in May.
19 Commissioner McKee said there is some transition being done into the enhanced
20 voluntary agriculture districts, which will provide a few more benefits.
21 Commissioner Pelissier said there was mention of a meeting with all county agriculture
22 boards for joint planning and she asked what came out of this.
23 Howard McAdams said that meeting was a year ago.
24 Chair Jacobs asked if the board did get a report.
25 Dave Stancil said this meeting was noted as part of an answer to the question regarding
26 the board's most important accomplishments and it did not go by a 12 month standard. He said
27 this meeting was part of the creation of the Agricultural Development and Farmland
28 Preservation Plan and there was an outcome that the Board of County Commissioners
29 approved. This plan is now being implemented.
30 Chair Jacobs encouraged the board to convene another meeting in the coming months
31 and he offered to provide suggestions for topics.
32 Chair Jacobs referred to the last page of concerns and emerging issues, and working
33 with the tax administrative office. He asked Dave Stancil if there has been a meeting yet and
34 he encouraged staff to do so before the legislature makes changes to the use value system.
35 Commissioner McKee said, having been involved in these transfers, he can say that the
36 staff working in the tax office are accommodating and competent.
37 Chair Jacobs noted that Orange County has the highest use value percentage in the
38 region, partially because the County's policy to be accommodating. He suggested that
39 information be put on the website.
40
41 • Arts Commission -Alice Levinson, Chair ( with Arts Commission Director Martha
42 Shannon)
43 Martha Shannon said Alice Levinson was ill and unable to be here tonight. Martha
44 Shannon said the Arts Commission has a role to play in carrying out Goal 3 (Economic
45 Development) and Goal 6 (Quality of Life) of the BOCC's Goals and Priorities Fiscal Year 2009-
46 10. She read directly from the abstract notes as follows:
47 The role of the OCAC in tourism is to help local artists and arts agencies create the
48 "product" (visual art exhibits, musical concerts, studio tours, theatre performances, etc.) that
49 both locals and visitors come to Orange County to enjoy. The arts help create more vibrant and
50 prosperous communities. The presence of creative professionals in a given area is the single
7
1 most important factor associated with what visitors will spend. Arts industries & events draw
2 audiences. Nonprofit arts and culture organizations in Orange County spent a total of $85.4
3 million during FY 2010, supporting 3,352 full-time equivalent jobs and generating $8.0 million in
4 local and state government revenue.
5 Through the creative industries, Orange County has an opportunity to further increase
6 job creation, attract investments, generate tax revenues, and stimulate the local economy
7 through tourism and consumer purchases. In addition, creative industries contribute to the
8 contemporary workforce, making creative contributions to industries' products and services and
9 infusing culture into community development. Orange County can use the arts to boost the
10 economy in a variety of ways, from incorporating arts into economic development and
11 community development plans to supporting arts education and promoting arts assets as
12 boosts to cultural tourism. By investing in the arts and incorporating arts and culture into
13 economic development plans, Orange County can reap numerous benefits — economic, social,
14 civic, and cultural —that help generate a more stable, creative workforce; new tourism; and
15 more livable communities.
16 The arts teach our children the skills that will make them successful in the 21st century
17 workforce — innovation, imagination, critical thinking, and collaboration. The single most
18 effective way to achieve sustainable economic growth and to enrich the quality of life of all
19 citizens is to develop the arts at all levels. The Arts create jobs. The Arts create vibrant Orange
20 County communities. The Arts make money for Orange County. The Arts inspire Orange
21 County children to excel. The Arts communicate across cultures in Orange County. The Arts
22 express Orange County's identity and heritage. The Arts Experience changes lives.
23
24 Martha Shannon reviewed the following annual programs:
25 • Administer two grant programs (spring and fall) that fund artists, schools, arts agencies and
26 nonprofit organizations sponsoring art projects
27 • Lead two grant-writing workshops for artists & organizations prior to OCAC grant deadlines
28 • Apply annually to NC Arts Council for Designated County Partner renewal
29 • Sponsor Quarterly Artists' Salons, featuring speakers on professional development for
30 artists
31 • Write and distribute press releases, online newsletters, monthly e-newsletters, grant
32 guidelines/applications and other occasional publications
33 • Serve as clearinghouse of arts information on/for Orange County by responding to artists,
34 non-profit organizations, schools, and the public via phone, email, mail, social media, etc.
35 • Update and maintain website with information on our programs and services including a
36 searchable online local arts directory utilizing our database
37 • Coordinate 5th District Congressional High School Arts Competition for Orange County;
38 participate at the district-level competition and reception
39 • Co-sponsor Emerging Artist Program with arts councils in Durham, Chatham, Person, and
40 Granville counties
41 • Co-sponsor Piedmont Laureate Program with arts councils in Durham, Wake & Alamance
42 Counties.
43
44 She reviewed several upcoming events.
45 Chair Jacobs referenced the last item under goal #3, to resume public art projects on
46 county property funded by annual CIP allocations, and asked about the allocations.
47 Martha Shannon said that the Arts Commission was added as a line item to the CIP for
48 public art projects about 8 years ago and had this funding for several years. She said the
49 commission would like to have this re-instated if the Board will approve it.
50 Chair Jacobs said there has been some discussion of this.
8
1
2 • Economic Development Advisory Board (EDAB) Donald Bryan, Chair (with
3 Economic Development Director Steve Brantley)
4
5 Steve Brantley thanked the Board of County Commissioners for re-constituting this
6 advisory board and he listed the member representatives. He said the board has met 5 times
7 so far and moves around to different locations.
8 Donald (D.R.) Bryan said this is a new board and one of the things that has been done
9 is to look at the county and determine issues and areas of concern. He identified the following
10 three issues:
11 • Need to diversify the tax base
12 • More sales tax dollars need to stay in the county
13 • Need for job creation
14
15 He said, regarding economic development districts along 85, the question is whether
16 anything can be done to attract manufacturing facilities or retail, to increase job creation.
17 He said the board is trying to support the existing sections of the economy - agriculture,
18 arts and tourism.
19 He said one issue is figuring out how to work with UNC and UNC Hospitals to make sure
20 that, as jobs come out of those institutions, those jobs stay in Orange County.
21 Commissioner Rich asked if there are any women on the committee and several people
22 answered, saying there are about 4-5.
23 Frank Clifton said there is one vacancy on this board in the manufacturing sector and
24 the board will be bringing forth prospective applicants in the coming months.
25 Commissioner McKee asked the board to give the Board of County Commissioners their
26 perception on how to keep the County moving forward, economically. He expressed his
27 appreciation for the contribution and efforts of the board.
28 Commissioner Pelissier asked, if the board would be reviewing some of the rules and
29 regulations regarding streamlining the permitting process for economic development.
30 Donald Bryan said this had not been discussed but that it can be done if the Board of
31 County Commissioners would like to see this happen.
32 Frank Clifton said there are several elements here, including the perception of anti-
33 business. He said there was an analysis of economic development in Orange County, done by
34 graduate and law students at UNC, and this will be shared with the board members.
35 Commissioner Rich asked if there was a strategic plan for retaining the graduates
36 coming out of UNC and other local colleges and keeping incubators in Orange County.
37 Steve Brantley said there had been a meeting this past week regarding UNC holding
38 classes at Durham Tech to create opportunities for people to leverage assets with the university
39 and then carry that into existing businesses. He said the Town of Chapel Hill is amenable to
40 this partnership.
41 Chair Jacobs said, regarding streamlining permitting process, one chronic problem is
42 coordinating planning and economic development. He said people need to be directed to take
43 new ideas to the economic development side to get guidance through the system, before being
44 told no by the regulatory side.
45 Chair Jacobs said that there is a focus on the economic development districts and he
46 hopes the board does not lose track of the Efland Corridor and the Highway 57 Small Area
47 Plan. He said these are an important component in the effort for development.
48 Steve Brantley said yesterday an existing building in Efland was shown.
49 Chair Jacobs said the Cornelius Street Corridor is another area and has good
50 infrastructure in place.
9
1 Commissioner Gordon thanked Donald Bryan and the other members for being part of
2 this board.
3 Steve Brantley said there is a Planning and Inspections Advisory Board position to fill,
4 and that will add to the coordination.
5
6 • Human Relations Commission (HRC) - Colin Austin, Chair (with Housing, Human
7 Relations and Community Development Director Tara Fikes)
8
9 Tara Fikes introduced Colin Austin, HRC Chair.
10 Colin Austin said the HRC report was submitted late last year and he would be giving
11 updates. He said the past few months there has been a lot of transition, as James Spivey, who
12 was an instrumental staff person, retired. He recognized Tara Fikes for taking over the reins
13 during the transition. He also noted that a lot of the veteran members rotated off the board. He
14 said the focus is on recruiting new members that reflect the diversity of the county.
15 He said the report lists many activities from last year, and there have been several
16 events so far in 2013, such as Human Relations Month and the Pauli Murray Awards. He said
17 there have been many events around the community celebrating the 150th anniversary of the
18 emancipation proclamation. He said this was an excellent way to engage school age children.
19 He said there continues to be work, through a subcommittee, on building integrated
20 communities and engaging immigrant communities in the county. He said that this is played out
21 through engaging organizations that work with immigrants. He said the goal is to recruit
22 additional members from the immigrant community to the Human Relations Commission.
23 He said the board has been engaged in some tenants' rights issues and in helping low
24 income renters understand their rights. This was done in partnership with law students and
25 Justice United. He said the board has a low profile role and hopes to facilitate issues being
26 brought forward to the attention of the Board.
27 He discussed a new subcommittee on the collateral consequences of having a criminal
28 record. He noted the work being done to educate employers and to educate citizens on how to
29 re-establish themselves.
30 He encouraged the Board to continue to use the 5 established social justice goals.
31 Chair Jacobs noted that there are three new commissioners that are not familiar with the
32 social justice goals and he asked Tara Fikes to coordinate a session to educate them on these
33 goals.
34 Commissioner Gordon asked about the women's issues being pursued by the HRC, and
35 who on the Commission was interested in those issues.
36 Colin Austin said when the Commission for Women was disbanded, HRC took on that
37 cause. One of the commission's members came onto HRC, so there is one woman on the
38 HRC interested in women's issues.
39 Commissioner Gordon asked if there are any specific issues or if this is a general goal.
40 Colin Austin said this is only a general goal.
41 Commissioner Gordon suggested that HRC keep women's issues in mind when
42 selecting future applicants.
43 Commissioner Pelissier said she was heartened that the HRC wanted to work on the
44 "ban the box" issue. She said she is part of the Partnership for Homelessness and she
45 encouraged HRC to get in touch with Hank Elkins, who is heading up this process. She said it
46 is important to discuss this and come up with more momentum.
47
48 3. Discussion of the Steps to Redesign the County Web Site
49
10
1 Jim Northup reviewed the key areas of the website that need improving and introduced
2 Carla Banks from the Public Affairs Office (PAO)
3 Carla Banks said data and content management is being transferred from Information
4 Technology to the PAO.
5 She referred to a visual of the website while reading the information from the abstract as
6 follows:
7 The current Web site offers a host of online services (the most in the state), which was
8 referenced to in the Strategic Information Technology Plan presented by the School of
9 Government. Unfortunately, the existing design, framework and navigation of the current Web
10 site does not allow these online services or any other unique features to be
11 appreciated...mainly because the site lacks sophisticated functionality and it's not considered to
12 be user-friendly by most people who visit the site.
13 These issues were also outlined in the analysis conducted by the School of Government based
14 on the responses given by the Board of County Commissioners and employees who were
15 asked to share what they did not like about the Web site.
16 The summary of the survey responses indicated:
17
18 • The Web site looks outdated in terms of layout and design
19 • Gaining access to information is difficult based on the current navigation options
20 (i.e. too many clicks and there are no drop down menus to serve as a guide)
21 • Staff efficiency is hindered by the difficulty in updating or creating Web content
22
23 Redesigning the Web site will result in enhancing the online services currently available,
24 allow for the addition of tools that will improve citizen engagement...while elevating the
25 County's image by displaying a modern, professional and user-friendly Web presence that will
26 mirror our neighboring towns and counties.
27 • The first component of the redesign effort is to upgrade and improve the
28 experience for people who visit the Web site, which speaks to the functionality
29 and user-friendly elements that are outlined in Attachment A
30 • The second objective is to streamline staff efficiency with the installation of an
31 actual Content Management System. This component will minimize the time and
32 effort required to create and modify pages on the Web site
33 A display of example Web sites were shown to the Commissioners and included:
34 Durham County, Quakertown, Diamond Bar, and Kissimmee.
35 Quakertown, PA- Design Scheme, Navigation and Traditional Drop-Down Menu in
36 vertical ladder style
37 Diamond Bar, CA - Subtle Backdrop and updated design layout compared to Orange
38 County
39 Kissimmee, FL - Language Translation, Kissimmee en Espanol, Calendar
11
1 Carla Banks said that Kissimmee had similar issues and those were addressed in a re-
2 design effort, so that has been a good example. She referenced the language translation issue
3 and said that the solution would involve not only Spanish, but other languages. She said there
4 had been work with the attorney's office to create a disclaimer for the translation. She said this
5 is the poor man's version of translation, as it addresses the need without employing
6 professional translators.
7 Commissioner Pelissier said this is a great feature and it addresses all of the languages.
8 Chair Jacobs said that the Diamond Bar site incorporated humor and he liked that.
9 Frank Clifton said a lot of sites have audio content, which takes additional capacity but
10 can be important for visually impaired residents and this is a long term goal for the county.
11 Chair Jacobs said it should be optional and Frank Clifton said yes.
12 Commissioner Price liked the "Upcoming Events" tab on the Diamond Bar website.
13 Chair Jacobs asked Carla Banks to send the Board links to award winning websites
14 from counties comparable in size to Orange County.
15 Frank Clifton said David Hunt is an asset for his internal photography that is used on the
16 website.
17 Commissioner Rich asked about the timeframe.
18 Carla Banks said the goal is to launch in January 2014.
19 Commissioner Rich asked about social media.
20 Carla Banks said the county's twitter and facebook designs would be started next
21 month. She said these will be integrated into the website design so that website updates will be
22 automatically fed into social media.
23 Commissioner asked where and how the social media content will be generated.
24 Carla Banks said it would be a platform for press releases, flyers and written materials.
25 She said the website will be modeled for mobile devices.
26 Jim Northup said there is a cost component to this, so the board is preparing for July 1st
27 and is starting to work with vendors. He said that these numbers will be brought forward for
28 approval. He said the total conversion will take about 6 months.
29 Chair Jacobs asked when the board will be apprised of the process.
30 Frank Clifton said that incremental evaluations will come forward for approval, as well as
31 a general preview of the website before it rolls out.
32 Commissioner Rich said she just wanted to know if the tweets are coming from staff.
33 Commissioner Gordon asked what the board will be approving incrementally.
34 Frank Clifton said certain elements of the website will be brought forward as it
35 progresses, leading to the ultimate preview of the website before breakout.
36 Jim Northup said this update is to let the Board know the status of where things are now
37 as well as where this is going.
38 Commissioner Gordon said she is interested in how it looks and feels and how it works.
39 She is interested in the general look and how user friendly it is.
40 Jim Northup said these issues are being addressed as things proceed, and this is just
41 the first step in the process. He said the user friendly piece is being addressed. He said that
42 the process is standardized template based, which will make it easier to change major
43 components without having to work code.
44 Carla Banks gave an example of creating a new section with content on the airport. She
45 said the content management system is much more user friendly for the staff in making
46 changes or adding content.
47 Jim Northup said the staff has been encouraged by this system.
48 Commissioner Gordon expressed concerns about the agenda process, where the entire
49 agenda has to be downloaded rather than being able to visit one item of interest. She said this
50 is a common thing people would want.
12
1 Frank Clifton referenced a prior discussion regarding example agendas. He said that
2 the capacity does not exist to do what Commissioner Gordon wants, unless a package is
3 purchased. He said this would cost in the ballpark of$75-$80,000. He said the current system
4 is only $2,500 and works well. He suggested a work session to further discuss this.
5 David Hunt said the agenda is a single PDF file and it is indexed on the left. He clarified
6 that, in order to offer the public a single file for just one part of the agenda, the board would
7 have to close each agenda item out and save comments. He said that, although the single file
8 system may not be best for members of the public wanting a specific agenda item, it is what
9 works best for the board.
10 Chair Jacobs asked if there is capability to have videos on the newly designed website.
11 Carla Banks said she would like to have streaming video on the site and it would be
12 embedded into the site or video links
13 David Hunt said there are some departments currently using video links, so there is
14 capability for this.
15 Chair Jacobs clarified that there would be a proposal in the budget cycle, followed by a
16 re-visit along the way.
17
18 4. Threat Assessment and Response Workgroup Update
19
20 Jeff Thompson introduced the threat assessment work group: David Hunt, Jim Groves
21 with Emergency Services, Darshan Patel with Emergency Services, Sheriff Pendergrass, Archie
22 Daniels with Sheriff's office, and Michael Talbert.
23
24 Jeff Thompson began the presentation of the following PowerPoint slides:
25
26 Facilities Security:
27 Threat Assessment, Planning, and Response
28 April 16, 2013
29 Link Government Services Center
30
31 Intended Outcome:
32 • Workgroup Introduction
33 • Sustainable Framework:
34 - Assessment
35 - Planning
36 - Training
37 - Response
38 • Receive BOCC Feedback
39 • Discussion
40
41 Workgroup:
42 • Sheriff's Department
43 - Captain Archie Daniel
44 • Emergency Services
45 - Jim Groves
46 - Darshan Patel
47 • Manager's Office
48 - Michael Talbert
49 • Clerk's Office
50 - David Hunt
13
1 • Asset Management Services
2 - Jeff Thompson
3 - Wayne Fenton
4 -
5 Guiding Principles:
6 • Assess and address all threat types
7 • Base preparedness planning
8 • Building specific preparedness
9 • Consistent, cyclical training
10
11 Guiding Principles:
12 • Assess and address all threat types:
13 • Acts of God
14 • Accidents
15 - Fire
16 - Hazardous Materials
17 - Infrastructure
18 - Mass Casualty
19 • Violence in the Workplace
20
21 Jim Groves presented the following slide:
22
23 Guiding Principles:
24 • Base Preparedness Planning:
25 - Emergency Operations Framework
26
27 Darshan Patel presented the following slides:
28
29 Guiding Principles:
30 • Building Specific Preparedness:
31 • Emergency Action Plans ("EAP")
32 Designed for:
33 - Each facility
34 - Each occupying department
35 - Covers all threat types
36 - Emphasis on occupant training, response
37
38 Jeff Thompson resumed the presentation:
39
40 Guiding Principles:
41 • Consistent, Cyclical Training:
42 - Basis in EAP
43 - "Know Your Building" program
44 - Annual Building "Stress Test" activity
45
46 Priority Facilities:
47 • Criteria:
48 - Probability of workplace crisis
49 - Public interface
50 - Public meeting setting
14
1 - Cash presence
2 • Dept. of Social Services
3 • Gateway Center—Tax Admin
4 • West Campus Office Building
5 • Southern Human Services Center
6 • Link Govt. Services Center
7
8 Next Steps
9 • DSS Trial Implementation:
10 - EAP
11 - "Know Your Building" Training
12 - Desk Drill
13 - "Stress Test" Drill
14 - Lessons Learned
15 • Implementation of EAP in other facilities
16
17 Jeff Thompson reviewed the guiding principles of the workgroup. He said that a
18 consistent cyclical training program is most important.
19 Jim Groves reviewed the Basic Preparedness Planning information. He said that the
20 Emergency Operations Framework (EOF) is basically how the county does business for
21 significant emergencies and disasters. He said this outlines authorities, and assigns goals and
22 responsibilities within County government and Emergency Response Services.
23 Darshan Patel said the Building Specific Emergency Action Plan (EAP) takes the
24 principles of the EOF and applies them to a specific building. This covers medical
25 emergencies, weather emergencies and workplace threats. He said the EAP gives a response
26 framework and allows for specific training regimens for managers and employees in the
27 building.
28 Jeff Thompson said the "Know Your Building" program is specific to the building
29 features and processes for the employee and public who visit those buildings. He said the goal
30 is to do stress test drills once per year, per building. He said the drill is done and then the
31 responses of the building occupants, first responders and security systems are evaluated.
32 Commissioner Rich asked if the "Acts of God" can be changed to "Acts of nature", and
33 Jeff Thompson said yes.
34 Commissioner Pelissier asked how training of the EAP is done with employees of each
35 building.
36 Darshan Patel said there would be "zone wardens" identified and trained along with their
37 department directors in a two day seminar. He said all other employees would be given written
38 materials along with a one day seminar. He said there will also be reminder materials available
39 in each building for employees to refer to.
40 Commissioner Price asked if the zone wardens would have annual refresher courses.
41 Darshan Patel said there will be a one day refresher each year, before the stress test
42 drill is done.
43 Commissioner McKee asked who would oversee the actual stress test.
44 Jeff Thompson said it would be Asset Management.
45 Commissioner McKee asked if the departments are going to be evaluated on
46 performance and he expressed concern that he does not want this to bleed into personnel
47 evaluations. He asked for details on what kind of evaluation would be done and what would be
48 done to make improvements based on the evaluations.
15
1 Frank Clifton said, in each case, the department director will identify the zone warden
2 and would provide the necessary tools and plans. He said if this does not work, the plan will be
3 adjusted; and if the chosen employee is not suitable, then someone else can be appointed.
4 David Hunt said about a month ago there was a drill at the Library and the safe spot was
5 across the street. He said it was determined, after the drill, that this was not a safe location
6 because of having to cross a busy street. He said this will now probably be changed and this is
7 an example of adapting based on the drills.
8 Chair Jacobs asked about performance checking and maintenance on Automated
9 External Defibrillators (AEDs).
10 Darshan Patel said there is a service contract with the vendor for all AEDs in the county.
11 He said the systems are tested, maintained and certified on an annual basis.
12 Chair Jacobs asked about signage and said that in some buildings it is not apparent
13 where the AEDs are.
14 Darshan Patel said all AEDs are now being put into a marked box with an overhead sign
15 to mark the location.
16 Chair Jacobs asked how safety is coordinated for the local sports facilities and open
17 spaces.
18 Archie Daniels said the threats now are so different than those of the past. He said that
19 SWAT or SERT used to be the normal response team; however incidents often so quickly now.
20 He said that factoring in and training for this type of quick response is part of this agenda. He
21 said that the sheriff's office has been able to work with other departments to get up to date floor
22 plans of county buildings and share them with the officers as part of rapid response training.
23 He said there has been training for all local schools and now there is ongoing training for 35
24 different government buildings. He said that the desire is to have the Commissioners and the
25 government employees to be aware of this training and to act without questioning in the event
26 of an emergency.
27 Jim Groves said that if there is a significant event at one of the sporting events, there is
28 an incident accident plan for this as well. He said there are unified command posts at each of
29 the sporting events.
30 Darshan Patel said EMS, Sheriff's office and all other emergency response partners
31 also participate in a UNC led group called the Emergency Response Group. He said this group
32 discusses and plans for events in and around campus.
33 Archie Daniels said there is also still coordination, prior to major events, with the FBI and
34 other agencies. He said the Sheriff's office also meets every day to brief about these sorts of
35 things.
36 Frank Clifton said Orange County is one of those communities where there are less
37 restrictive activities, such as Halloween on Franklin Street. He said that, even with preparation,
38 there is still the potential for something to happen. The focus is to prepare for the best
39 response to prevent negative outcomes. He stressed the importance of inter-agency
40 cooperation.
41 Commissioner Gordon asked about the preparation for a nuclear event.
42 Jim Groves said the focus is a 2 mile emergency planning zone for the Shearon Harris
43 Nuclear Power Plant and Orange County is well outside of this. He noted that the county is in
44 the 50 mile ingestion pathway. He said this makes it less of a hazard though, and the plant is
45 very pro-active and very amenable to working with local agencies.
46 Commissioner Gordon asked about the planning for the 50 mile ingestion radius from
47 Shearon Harris Nuclear Power Plant.
48 Darshan Patel said a lot of this has been incorporated into the statewide Radiological
49 Emergency Planning Documents. He said there are 67 counties incorporated into the 50 mile
50 radius zone between the three nuclear facilities. He said the plant program and the state would
16
1 bring in much of the resources for response, and there would be coordination with the counties.
2 He said there are plans in place to effectively respond.
3 Commissioner Gordon said that she would like to see these plans.
4 Chair Jacobs said there was a report to the Senate that recommended expanding the
5 emergency planning zone beyond 10 miles. He said there have also been reappraisals of the
6 50 mile safety zone and the impact there. He said he would forward on this article.
7 Jim Groves said he could offer a meeting with the Duke Power representative.
8 Commissioner Gordon said she recommends that the Board get a briefing on this issue.
9 Commissioner Price asked when the scanning information is updated on the Orange
10 County Sherriff's Office website.
11 Jim Groves said this is done daily. He said there is also an interactive crime lab to give
12 information on specific neighborhoods and areas.
13 Commissioner Price said that the schools and libraries often have people exiting through
14 the entrances, and she feels this is a concern for first responders needing access in the event
15 of an emergency.
16 Jim Groves said this can be brought up in the next meeting with officials.
17
18 5. Closed Session
19
20 A motion was made by Commissioner McKee, seconded by Commissioner Rich to adjourn
21 into closed session at 9:57.
22
23 "To discuss and take action regarding plans to protect public safety as it relates to
24 existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or
25 law enforcement or emergency service officials concerning actions taken or to be taken to
26 respond to such activity." [N.C.G.S. 143-318.11(a)(9)]
27
28 Approval of Closed Session Minutes
29
30 VOTE: UNANIMOUS
31
32 Reconvene into Reqular Session
33
34 A motion was made by Commissioner Rich, seconded by Commissioner Gordon to
35 reconvene into regular session at 11:00pm.
36
37 VOTE: UNANIMOUS
38
39 ADJOURNMENT
40
41 A motion was made by Commissioner McKee, seconded by Commissioner Gordon to
42 adjourn the meeting at 11:00pm.
43
44 VOTE: UNANIMOUS
45
46
47 Barry Jacobs, Chair
48
49
50 Donna S. Baker
17
1 Clerk to the Board
2
1
1 DRAFT Attachment 2
2
3
4 MINUTES
5 BOARD OF COMMISSIONERS
6 PUBLIC HEARING
7 April 17, 2013
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met for a Public Hearing on Wednesday, April 17,
11 2013 at 7:00 p.m. at the Carrboro High School Auditorium, Carrboro, North Carolina.
12
13
14 COUNTY COMMISSIONERS PRESENT: Vice Chair Earl McKee and Commissioners Alice M.
15 Gordon, Bernadette Pelissier, Renee Price and Penny Rich
16 COUNTY COMMISSIONERS ABSENT: Barry Jacobs, Mark Dorosin
17 COUNTY ATTORNEYS PRESENT: Annette Moore (Staff Attorney)
18 COUNTY STAFF PRESENT: Assistant County Manager Michael Talbert and Clerk to the
19 Board Donna Baker (All other staff members will be identified appropriately below)
20
21 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
22 AGENDA FILE IN THE CLERK'S OFFICE.
23
24 1. Call to Order
25 Vice-Chair Earl McKee called the meeting to order.
26
27 2. Public Hearing Regarding the Establishment of Three New Fire Service Districts
28 Michael Talbert made a PowerPoint presentation.
29
30 Public Hearing
31 New Fire Service Districts
32
33 Why Are We Here:
34
35 - Technology
36 - Insurance Ratings
37 - Fire Protection and Mutual Aid
38
39 Michael Talbert said this is strictly an insurance issue and has nothing to do with fire protection.
40
41 Insurance Premiums Relative to ISO Public Protection Classification
42
43 ISO CLASS AGENT 1 AGENT 2 AGENT 3
44 10 $470.00 $514.00 $585.00
45 9S $376.00 $411.00 $469.00
46 8 $353.00 $384.00 $438.00
47 7 $318.00 $347.00 $394.00
48 6 $259.00 $283.00 $320.00
49 5 $259.00 $283.00 $320.00
50 4 $259.00 $283.00 $320.00
51 3 $259.00 $283.00 $320.00
2
1 2 $259.00 $283.00 $320.00
2 1 $259.00 $283.00 $320.00
3
4 Proposed New Fire Service Districts
5
6 - South Orange Fire Service District
7 - Southern Triangle Fire Service District
8 - Chapel Hill Fire Service District
9 - Effective Date 7/1/13
10
11 He showed some areas on the maps.
12
13 Current Fire District Tax Rates
14
15 Fiscal 2012/2013
16 South Orange $.0785
17
18 Southern Triangle $.05
19
20 Chapel Hill $.075
21
22 Requested Fire District Tax Rates
23
24 Fiscal 2013/2014
25 South Orange $.10
26
27 Southern Triangle $.088
28
29 Chapel Hill $.15
30
31 Solution
32
33 New South Orange Fire Insurance District
34
35 New North Chatham Fire Insurance District
36
37 New Greater Chapel Hill Insurance District
38
39 Effective Date 7/1/13
40
41 Next Steps:
42
43 Approval by:
44 Orange County 4/23/13
45 N Chatham Fire Dept Board 4/31/13
46 State Fire Marshal's Office 10/31/13
47
48
49 Commissioner McKee said the work group had a goal of finding a solution for the homes
50 that were beyond six miles away from the fire departments. The work group put forward the
51 idea being considered today and it was a long process.
3
1
2 PUBLIC COMMENTS
3
4 Ada Reaves said her questions were answered so she has no further comment.
5 Thomas Stone agreed and said his questions were also answered.
6 Katrinka Borders said she has no comment at this time.
7 Chris Hitt said his property is split between the new district and South Orange. He
8 asked if any of this could be changed.
9 Michael Talbert said it would be very difficult to change the district. He said the
10 recommendation includes an overlay district.
11 Joanne Forbes made reference to changing the district and asked if Orange County was
12 buying fire services from the Town of Chapel Hill.
13 Michael Talbert said her insurance should go down as a result of this.
14 Doug Longman said he has been pursuing this issue for probably two years. He
15 commended the County Commissioners for their efforts. He reemphasized that the issue is not
16 fire protection, but about insurance. The effect of what is happening is that the property taxes
17 will go up and the homeowner's insurance will go down. It might be just about a wash
18 financially for many people. This will guarantee insurability. He thanked everyone for working
19 on this.
20 Barbara Steckler thanked the Board of County Commissioners, the Chapel Hill Town
21 Council, and others for this effort. She will be changing fire districts and she can see the
22 advantages. She thanked the staff for the meeting and the colored charts.
23 Larry Hodges reiterated the thanks to the County Commissioners. He asked when the
24 15-cent tax would be in effect and it was answered July 1, 2013-June 30, 2014.
25 Betty Sonner thanked the Board for their work on this.
26 Barbara Rhoades asked about the single road access that has two districts. She said
27 there are six houses behind her that fall into another district. She asked if the County
28 Commissioners were considering redrawing this at another time or if it mattered.
29 Commissioner McKee said the fire district lines are extremely difficult to move. It is this
30 way because the fire protection districts developed over a very long timeframe and developed
31 piece meal. In order to change that, it would require a complete overhaul of Orange County's
32 fire protection business model. He is aware that there are some inequities. He said this is
33 specifically for insurance purposes only. It does not affect fire protection or other aspects of
34 County government.
35 Sam Jackson said he just moved here six months ago and he thanked staff for putting
36 this together so efficiently.
37 Ed Campion said he is in the northern part of the new Southern Triangle District. He
38 said it sounds like if you are more than six miles from a fire station within your district, then your
39 rate goes up. He said he is less than 1/2 a mile from station 5, and this would seem
40 counterintuitive.
41 Michael Talbert said Ed Campion is still part of the Southern Triangle District and is less
42 than six miles from the station.
43 Ed Campion said he still has coverage, but this means that he has a horrible rating even
44 though he is less than 1/2 a mile from another station. He said this is nonsensical from a
45 financial standpoint. He disagrees with having a higher tax rate and a bad insurance rating.
46 Joe Buonfiglio asked if the County had reviewed the Town of Chapel Hill's model for
47 establishing this fee structure. He asked if these rates were fair and appropriate. He is also
48 interested in how the County communicates with the insurance companies when this is
49 implemented.
50 Commissioner McKee said Chapel Hill offered this rate to the County. He does not
51 know the mechanics of it. Michael Talbert said the ratings come from the insurance companies.
4
1 Lynne Riesler asked clarifying questions about the houses in her neighborhood, which
2 were answered by Michael Talbert.
3 In answer to a question from a member of the public, Michael Talbert went through the
4 steps necessary to change the line for the different districts.
5 Regina Merritt asked who votes on this.
6 Commissioner McKee said the County Commissioners will be voting on this and North
7 Chatham Fire Department will also have to vote on this. Chapel Hill and Carrboro have already
8 voted to approve this.
9 Regina Merritt said this meeting should have happened on another day because a lot of
10 neighbors were at church. She said this is a hardship on a lot of people because of the
11 increases in taxes and insurance. She does not think it is necessary to have all of these fire
12 departments. She said this is not fair to some people.
13 Commissioner McKee said this would come to the Board on April 23rd and there will be a
14 time for public comment at that time.
15 Donna Bell, Chapel Hill Councilmember, said she wanted to clear up that this is not a
16 new tax, but it already exists. It is her understanding that the taxes would only be going up two
17 cents and not ten cents like some people are thinking. This is not for new stations but for
18 improving existing stations.
19 Commissioner Gordon thanked the public for coming and speaking. She encouraged
20 the public to come to the meeting on April 23rd at the Southern Human Services Center at
21 7:00pm.
22
23 With no further items to discuss, a motion was made by Commissioner Gordon,
24 seconded by Commissioner Price to adjourn the meeting at 8:03 p.m.
25 VOTE: UNANIMOUS
26
27 Earl McKee, Vice-Chair
28
29 Donna S. Baker, CMC
30 Clerk to the Board
31
1
1 DRAFT Attachment 3
2 MINUTES
3 BOARD OF COMMISSIONERS
4 REGULAR MEETING
5 April 23, 2013
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in regular session on Tuesday, April
9 23, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
12 Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and
13 Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
17 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
18 will be identified appropriately below)
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Additions or Changes to the Agenda
23 Chair Jacobs reviewed the items at the Commissioners Places:
24
25 - Pink— Item 6a - Public Hearing to Consider Operational and Funding Options for
26 Orange County's Solid Waste and Recycling Programs
27- - White— Item 7a -Establishment of Three (3) New Fire Service Districts
28- and Approve New Boundaries for Three (3) Existing Fire Insurance Districts — South
29- Orange Fire Service District, Greater Chapel Hill Fire Service District and Southern
30- Triangle Fire Service District - Proposed motion from Commissioner Gordon
31 - White— Item 7-b- PowerPoint/Map for Major Subdivision Preliminary Plat Application
32 - Annandale at Creek Wood
33
34 PUBLIC CHARGE
35
36 The Chair dispensed with the reading of the public charge.
37
38 2. Public Comments
39 a. Matters not on the Printed Agenda
40 Don O'Leary apologized for past accusations he had made toward the Board. He said
41 he assumed through the pattern of events that the Board was intelligently involved with the
42 UN's curriculum and was in partnership with selling out the County. He said that he now
43 believes that the Board was led into ICLEI through lobbying efforts. He said he assumes that a
44 spark of enlightenment is kindled now. He reviewed his own history of belief and said that he
45 now knows that the current and past world leaders and ruling families were and are Luciferians.
46 He said that these families fund many foundations to demoralize the United States. He said
47 these same powers founded the UN and are demoralizing and bankrupting our nation in order
48 to establish a new world order. He referenced many historical events he believes were staged
49 in order to scare the nation into giving up its weapons. He said ICLEI and agenda 21 are from
50 the same masterminds and are intended to destroy the nation from a local level.
2
1
2 b. Matters on the Printed Agenda
3 (These matters will be considered when the Board addresses that item on the agenda
4 below.)
5
6 3. Petitions by Board Members
7 Commissioner Price petitioned the board regarding the logo and public relations efforts
8 and requested a more comprehensive dialogue on this before it goes to print.
9 Chair Jacobs ask for a re-institution of the practice of getting monthly planning reports to
10 advise the board about applications, special use permits, etc.
11
12 4. Proclamations/ Resolutions/ Special Presentations
13
143. a. Resolution To Repeal the Death Penalty and Use the Savings To Assist Murder
15 Victims' Families and Help Prevent Violent Crime
16 The Board will consider a resolution to call upon the State of North Carolina and the
17 Federal Government to repeal the death penalty and to use the savings to assist murder
18 victims' families and help prevent violent crime and authorize the Chair to sign.
19 Chair Jacobs said this resolution was in reference to a citizen's petition.
20
21 PUBLIC COMMENT:
22 Alan Archibald said he lives in Hillsborough and he is here to ask for support for this
23 resolution. He said his family has worked for three generations for the repeal of the death
24 penalty. He said that, ten years ago, his 8 year old daughter wrote a letter in support of a death
25 row inmate, who was later pardoned. He said there has been racial bias in sentencing. He said
26 equal treatment before the law is a sacred part of the legal system, but with the death penalty,
27 there is very unequal treatment before the law. He said many death row inmates have been
28 convicted by inaccurate eyewitness testimony; however, there is often enough physical
29 evidence for exoneration. He said the potential for miscarriage of justice should give pause on
30 this issue. He referred to an NPR broadcast on the subject.
31 Quinten Harper said he is a resident of Carrboro and he would strongly encourage the
32 Board to support this resolution. He said today marked his consciousness in drawing the line in
33 the sand, and he asked the Board members to also draw a line in supporting the repeal of the
34 death penalty. He shared some facts, stating that in N.C., the death penalty has led to the
35 deaths of 7 innocent people. He said the hope is that the justice system is fair and everyone is
36 entitled to due process of the law. He said there are those that would like to repeal the social
37 justice act and he feels this would be a step backwards. He said he is a person of faith, whose
38 Bible says "thou shall not kill." He said that no one is given the power to take life. He asked the
39 Board members to be the conscience of the state and he noted that Carrboro and Chapel Hill
40 support this.
41 Stephen Dear brought forth this petition for consideration of this resolution and he said
42 Orange County would be the first county in the state to pass this resolution, which would
43 strongly reflect the wishes of most of those in the county. He read the resolution as follows:
44
45 ORANGE COUNTY BOARD OF COMMISSIONERS
46
47 RESOLUTION TO REPEAL THE DEATH PENALTY AND USE THE SAVINGS TO ASSIST
48 MURDER VICTIMS' FAMILIES AND HELP PREVENT VIOLENT CRIME
49
3
1 WHEREAS, our community upholds the values of fairness and due process for all
2 people; and
3
4 WHEREAS, the criminal justice system, including the death penalty, starts at the local
5 level, with local tax dollars and local employees used to enforce the law; and
6
7 WHEREAS, the administration of the death penalty affects all of our community's
8 residents as victims and victims' family members, as offenders and offenders' family members,
9 and the community at large; and
10
11 WHEREAS, a fair criminal justice system benefits the entire community; and
12
13 WHEREAS, more than 140 innocent people in the United States since 1973 have been
14 exonerated and released from death row after having been wrongfully convicted and spending
15 a combined more than four centuries on death row (www.deathpenaltyinfo.org/innocence-list-
16 those-freed-death-row); and
17
18 WHEREAS, North Carolina's death penalty has led to seven innocent people being
19 condemned to die in the modern era before they were exonerated
20 (www.deathpenaltyinfo.org/innocence-and-death-penalty#inn-st); and
21
22 WHEREAS, intentional and systematic racial bias has been shown to have a "persistent,
23 persuasive and distorting role" in North Carolina's death penalty (North Carolina v. Robinson,
24 2012; Michigan State University, 2010; UNC, 2000); and
25
26 WHEREAS, less than one percent of murders lead to death sentences and rarely
27 involve "the worst of the worst" defendants (www.deathpenaltyinfo.org/arbitrariness); and
28
29 WHEREAS, states without the death penalty have had consistently lower murder rates
30 (www.deathpenaltyinfo.org/facts-about-deterrence-and-death-penalty); and
31
32 WHEREAS, North Carolina statutes already involve life imprisonment without the
33 possibility of parole as an alternative to the death penalty; and
34
35 WHEREAS, the death penalty in North Carolina annually costs more than 10 million
36 taxpayer dollars per year more than life imprisonment without parole (Duke University, 2009);
37 and
38
39 WHEREAS, millions of North Carolina taxpayers' dollars spent on the death penalty
40 every decade could be used for crime prevention and programs to offer assistance to murder
41 victims' families;
42
43 NOW THEREFORE, BE IT RESOLVED the Orange County Board of Commissioners
44 calls on the Governor of North Carolina and our Legislators in the N.C. General Assembly, the
45 President of the United States, and our Representatives and Senators in the United States
46 Congress to adopt policies and executive orders and to enact legislation repealing the death
47 penalty in North Carolina and in the federal and military jurisdictions, and to use funds saved to
48 assist murder victims' families and for crime prevention programs, and to ratify a suspension of
49 all executions until such legislation is enacted into law.
50
4
1 BE IT FURTHER RESOLVED that copies of this resolution shall be forwarded by Clerk
2 to the Board of Commissioners to the Governor of the State of North Carolina; the state
3 Senator and the State Representatives in the N.C. General Assembly who represent our
4 community; the President of the United States; the two U.S. Senators from North Carolina; and
5 the Members of the U.S. House of Representatives representing our community.
6
7 This the 23rd day of April 2013.
8
9 Commissioner Dorosin thanked all that brought this petition forward. He said that this
10 resolution comes to the board just a day after April 22nd, the 26th anniversary of McClesky
11 versus Kent. He said this Supreme Court ruling held that a defendant could not rely on
12 statistical evidence of racial bias, no matter how persuasive, in challenging the constitutionality
13 of the death sentence. He said the Supreme Court majority said that to accept the argument
14 that capital punishment was infected by racism would call into question the underlying principles
15 of the entire criminal justice system.
16 He said Justice William Brennen, in dissent, said that the majority's opinion was
17 grounded in a fear of too much justice. He said he believes the death penalty is immoral,
18 unconstitutional and racist and he desperately feels that we need "too much justice."
19
20 A motion was made by Commissioner Dorosin seconded by Commissioner Price to
21 approve the resolution to repeal the death penalty and to use the savings to assist murder
22 victims' families and help prevent violent crime and authorize the Chair to sign.
23
24 Commissioner McKee said there is no question that bias in the system has been proven,
25 nor does he doubt that there have been rogue prosecutors, and that mistakes have been made
26 that send people to death row. He said this is regrettable and these are egregious mistakes.
27 He said his personal view is that some acts are so morally wrong and egregious, such as the
28 bombing in Boston and the incident at Newtown; that the only solution is that the perpetrator
29 should forfeit their life. He said he is going to vote against this because he is becoming
30 uncomfortable with so many unanimous votes on this board on social justice issues. He said
31 there are very different views on this death penalty issues and many variant viewpoints on both
32 extremes. He said he would like to give a voice to those other views.
33 Commissioner Pelissier said she recognized that some people do support the death
34 penalty, but polls show that the majority of people realize it is unjust. She said she feels the
35 Board owes it to the citizens to represent a majority viewpoint and show that there is a desire
36 for justice to be done correctly in this state.
37 Commissioner Price thanked all that have been behind repealing the death penalty and
38 she said she has supported it all the way. She said that she has heard stories over the years,
39 of victim's families who find reconciliation with the perpetrators. She feels there is a move in
40 the direction of humanity and justice.
41 Commissioner Rich said she supported this resolution and thanked all that brought this
42 forth. She spent many hours in a car this weekend with a group of teenagers and there was
43 discussion of the death penalty. She said that this next generation does not understand why
44 the death penalty exists. She said this resolution is for this generation and the next generation.
45 She believes that the majority of Orange County residents believe in this resolution and she is
46 happy to support it.
47 Chair Jacobs said ever since he was on the debate team in high school and had the
48 opportunity to choose a side in the death penalty discussion; he has always seen both sides of
49 the argument. He said that in situations like Adolph Hitler, he is supportive of the death penalty.
5
1 However, in the world we live in today, with an unjust criminal justice system, he supports this
2 resolution. He said he supports the notion that Orange County stands for a just system.
3
4 VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
5
6
7 b. Regional Partnership Workforce Development Board 2011-2012 Annual
8 Workforce Investment Act (WIA) Report
9 The Board received a presentation on the Regional Partnership Workforce Development
10 Board (WDB) 2011-2012 Annual Workforce Investment Act (WIA) Report.
11 Anne Lenhardt serves on the WDB, and spoke regarding the annual report being
12 presented to the Board. She highlighted the accomplishments of the WDB for Orange County.
13 She said people in Orange County working with the unemployed to help find jobs have
14 met some successes, specifically through JOCCA. She said 38 participants successfully
15 completed the workforce investment program and 73 participants were enrolled in the
16 dislocated adult worker program. She said 2 individuals completed the on the job training
17 program and were hired by the employers providing the training.
18 She noted that the unemployment rate in N.C. is still high, at 9.2%, and the WDB
19 thanked the Board for their support.
20
21 5. Consent Agenda
•22 Approval of Remaining Consent Agenda
23
24 A motion was made by Commissioner McKee seconded by Commissioner Pelissier to
25 approve the remaining items on the consent agenda.
26
27 VOTE: UNANIMOUS
28
29 a. Minutes
30 The Board approved the minutes from February 19, March 7, 12 and 19, 2013 as submitted by
31 the Clerk to the Board.
32 b. Motor Vehicle Property Tax Releases/Refunds
33 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
34 property tax values for twenty-five (25) taxpayers with a total of seventy-one (71) bills that will
35 result in a reduction of revenue in accordance with NCGS.
36 c. Property Tax Releases/Refunds
37 The Board adopted a resolution, which is incorporated by reference, to release property tax
38 values for three (3) taxpayers with a total of (3) three bills that will result in a reduction of
39 revenue in accordance with North Carolina General Statute 105-381.
40 d. Fiscal Year 2012-13 Budget Amendment#9
41 The Board approved budget and capital project amendments for fiscal year 2012-13 for;
42 Visitors Bureau; Department on the Environment, Agriculture, Parks and Recreation (DEAPR);
43 Department on Aging; Department of Social Services; Animal Services; Health Department; and
44 the School Capital Project Ordinance.
45 e. Bid Award —One (1) Commercial Recycling Truck for Recycling Operations
46 The Board awarded a bid for the purchase of a new Side Loading Recycling truck from G-S
47 Products for a total cost of $208,025.92 and authorized the Finance and Administrative
48 Services Director to execute the paperwork.
49 f. Resolution in Support of the Proposed Old Well to Jordan Lake Scenic Byway
6
1 The Board approved a resolution of support, which is incorporated by reference, for a joint
2 application to the North Carolina Department of Transportation to designate a new scenic
3 byway from Chapel Hill to Jordan Lake and authorize the Chair to sign.
4
5 6. Public Hearings
6
7 a. Public Hearing to Consider Operational and Funding Options for Orange
8 County's Solid Waste and Recycling Programs
9 The Board held a public hearing to consider operational and funding options for Orange
10 County's Solid Waste and Recycling Programs.
11 Michael Talbert said eight possible options had been looked at and several of them,
12 including the franchise option, had been eliminated at the April 9th meeting. This changed the
13 purpose of tonight's meeting to a discussion of the three remaining options. He referred to the
14 attachment that outlines these three options, which are:
15 1. A Countywide Solid Waste Management Authority- This would eliminate all 3R fees
16 and would create a countywide authority under general statute 153A and would take two or
17 more units to create such an authority. This could be put in place over the next 12 to 14
18 months.
19 2. A Solid Waste Tax Service District - This would act much like a fire district. The
20 intent would be to keep the existing 3R fee and create a single solid waste tax service district.
21 This district would include the towns and would keep in place the rural curbside service. Much
22 of this could be serviced by county staff and the contracting out of urban curbside could
23 continue.
24 3. Eliminate Rural Curbside Recycling —This would keep the basic 3R fee and would
25 move forward with a system of convenience centers and drop-off sites. This is a significant
26 departure from the current system.
27 Michael Talbert said the recommendation is that the Board receive the Public comment
28 on these three options and then advise the staff. He said there is anticipation of short term
29 solutions between now and 2014. He hopes there will be a long term solution in place for fiscal
30 year 2014-15.
31 Frank Clifton said this issue has been considered very comprehensively and the best
32 option for the county and the towns would be to move toward a Solid Waste Management
33 Authority. He said there are interim steps that could be taken and the most appropriate would
34 be a countywide solid waste tax service district. He said this allows the simplest implementation
35 and allows the most flexibility. He said this could be a combination of a tax and/or continuing
36 the 3R fee.
37 He said there has been discussion of using reserves within the solid waste fund to
38 secure a process for 2013-14. He said this is based on an estimated cost of$1.7 million to
39 continue existing services in the County and the town. He noted that there is no authority to
40 operate in Durham County.
41 He said that the deliberation time for each of the three options makes it important to
42 move forward with the establishment of the tax district in the next several months. He noted
43 that the tax would not need to be levied until the next fiscal year.
44 He said there are many decisions to be made and he feels that the current services can
45 be delivered more efficiently, but this comes at a cost. He said there is also still the issue of the
46 towns and having everyone on the same page.
47 Michael Talbert said the pink sheet is an example of how to fund this program for the
48 next 14 months. He noted that the back of this sheet contains a snapshot of current long term
49 liabilities.
7
1 Frank Clifton said there has been discussion about the general fund and property tax to
2 support recycling. He said that property taxes do support solid waste, but convenience center
3 fees do not cover the total cost of operations.
4 Michael Talbert said the county contributes about $1.6 million from the general fund
5 toward the convenience centers, plus the household convenience center fee.
6 Frank Clifton said that it is obviously important that the towns be involved in the solution
7 that is chosen, but this decision is not in the county's hands.
8 Chair Jacobs noted that there was no mention of the option of just having Solid Waste
9 Convenience Centers (SWCC).
10 Frank Clifton said this was not an oversight, but he does not see that happening in
11 Orange County. He said he does not know what the capital costs would be to increase the
12 number of convenience centers. He said this is the least expensive option, but he does not see
13 that as a long term option of preference for Orange County.
14 Commissioner Dorosin asked Frank Clifton to clarify the basis for thinking the Solid
15 Waste Convenience Centers option is not the option of preference. He asked if this statement
16 is because the option would not produce the amount of recycling or if it is politically infeasible to
17 site these convenient centers.
18 Frank Clifton said there is a combination of all those elements and more. He said the
19 SWCCs operate with 2-3 employees per shift and most of the current sites were not designed
20 very efficiently. He said it would cost about $1.5 million to build and upgrade sites. He said,
21 considering the base of recycling, which is the urban area, there is only one center. He said
22 there would probably need to be another site and he does not see this politically happening
23 anytime soon. He said that there are also air quality concerns due to the amount of driving that
24 would be required with all of the trips to the convenience center. He said that the addition of
25 some recycling centers in the rural areas of the county may make sense as part of the Solid
26 Waste Authority Plan.
27 Commissioner Price said, as part of siting a solid waste authority, there would need to
28 be some siting of ancillary centers. She asked if the authority would be able to locate a
29 convenience center anywhere, as well as a waste transfer station.
30 Frank Clifton said that is theoretically possible, but realistically, the towns and the county
31 control the zoning in all of these areas. He said the reason for an authority is the greater
32 latitude in how it pays for services. He said there are many latitudes given for authorities to act.
33 Commissioner McKee said he had heard Gayle Wilson say that he was unaware of any
34 other authority that did not have a transfer station or landfill to generate funds.
35 Frank Clifton concurred with this.
36
37 PUBLIC COMMENT:
38 Alex Castro is a resident of Bingham Township and he refuted some comments by the
39 county manager. He noted that residents don't make a trip to recycling center solely for the
40 purpose of recycling. He said that rural residents go to the convenience center while doing
41 many errands, since these residents live in the unincorporated areas of the county. He said
42 those that are aging may need some help, since many live a far distance from the curb. He said
43 the better solution is to pay an intermediary to take the recyclables to the center. He suggested
44 a work group to study a private/public partnership. He said the County has sites where trash
45 can be collected, and some of the rural residents just need help getting recyclables to the
46 center. He said there are already several locally owned private haulers that can accommodate
47 these needs. He said this could be a pioneer program and partnership.
48 Amy Brooks works for Brooks Contractor and she is contracted with the county for food
49 waste. She said she does not want the board to forget about composting. She said the
50 foundation for the modern local economy is the soil and she does not feel that the focus should
8
1 be on energy beneath our feet. She said the focus should be on what seeds can be planted to
2 benefit the system as a whole. She said food is important in this system. She said that there is
3 a need for large purchasers of food to source locally.
4 She said the county needs to support sustainable farmers. She said the county has
5 everything needed to create a strong healthy local food economy. She said that food can be
6 grown easily, and promotion of this can be done quickly and efficiently by amending the local
7 soil with compost. She noted that, for every one percent of organic matter, the soil can hold
8 nearly 17,000 gallons of plant available water. She said there needs to be discussion of how to
9 benefit from the resources already in place. She said that Orange County has an excellent
10 start on recycling and composting and proper use of resources is essential in moving forward.
11 She said that a good step forward would be to include waste generators into the conversation,
12 and to educate these generators on how to reduce waste and increase landfill diversion
13 success.
14 Loren Hintz urged commissioners to support current recycling programs. He said the
15 county needs to continue to recycle and he believed the best way to do this is to implement the
16 tax service district.
17 Margaret Cannel) is a rural curbside recycler and the Director of the Hillsborough
18 Chamber of Commerce, and she commended the Board of County Commissioners for their
19 recycling program. She encouraged the Board to provide curbside recycling. She said the
20 pending closure of the landfill makes it important not to produce more trash.
21 She said that the Chamber of Commerce has put on Hog Day for the past 10 years and
22 was able to divert 80% of the waste from this event last year. She said this is because of the
23 stellar work of the solid waste staff. She said hoped the Board will work toward an option that
24 includes the county and the towns and she offered the support of her chamber.
25 Tom Linden lives in unincorporated Orange County. He noted that the current system is
26 award winning, and the issue is how to continue that. He feels the best way is to create a solid
27 waste tax service district that could be expanded as unincorporated areas become more
28 populated and require services. He said they have a system they clearly works and he is
29 pleased that the discussion is around funding the continuation of this. He feels that the solution
30 should include the towns.
31 David Laudicina lives in a rural curbside recycling area. He said he hopes that the
32 Board's decision will make fairness and equity a top priority. He said that everyone receives the
33 same services and he questioned why some should have to pay more than others for this. He
34 said he takes his trash to center every 7-9 days and he takes his recycling with him even
35 though he has curbside service. He feels that people should have the option to "opt out" of the
36 curbside recycling.
37 Diana Thom is a parent of a student at Phillips Middle School and the school is working
38 on a project to make 19 schools in CHCCS zero waste facilities. She said this is possible if the
39 county can continue to have the same education programs in solid waste and can continue its
40 recycling programs. She recognized Muriel Williman's contribution to these efforts. She feels
41 there should be a public compost site in the county. She feels that any recycling fees should be
42 flat, so as not to be an additional burden on the school district.
43 Wendy Smith lives in unincorporated Orange County and she does not have curbside
44 recycling. She said she supports the recycling program and the idea of keeping the 3-r fee
45 intact to keep current services and education intact. She said this county is the envy of the
46 other counties in the state and it would be a shame to lose any of the cohesive services offered.
47 She said the most important part is the community education and involvement around
48 reduction, reuse and recycling. She feels that having mom and pop collectors for recycling, but
49 she noted that this has been tried in the past and there was not good ethical oversight. She
50 said this resulted in recycling going into the trash. She said that transition will admittedly cause
9
1 confusion and she agrees that solid waste tax districts should be considered as the county
2 works toward a solid waste authority.
3 Jessica Bollinger is the owner of the Efland Trash Service. She said that, with the
4 landfill closing, small businesses like hers are facing difficult challenges. She noted that the
5 only area to dump is in Durham and this option comes with high costs that could put small
6 operations out of business. She said that there is currently a per-load dumping fee in Orange
7 County, but this is not offered in Durham County, which doubles the fees and adds the cost of
8 additional fuels. She proposed a solution of allowing small, hand-unload, companies to dump
9 at the convenience centers with a special permit issued by the county. She noted that this has
10 caused concern over convenience centers being classed as transfer stations but said the trash
11 being dumped would only come from local residents who would have used the convenience
12 centers anyway. She said this would also reduce the traffic to the centers. She expressed
13 interest in a public/private partnership.
14 Paul Rockwell lives in unincorporated Orange County and he agreed with what has been
15 said so far. He lives on a limited income and would not want another tax imposed for recycling.
16 He said he would not want to be forced to pay a fee for door to door pick up since he is
17 handling his own recycling now.
18 Cody Marshall is a Chapel Hill and Orange County resident, and said until last Friday he
19 managed all of the recycling programs for Orange County. He said this program is a
20 government function and should be managed by the public sector and paid for through public
21 mandatory fees and/or taxes. He feels that a voluntary system is a bad idea as it hinders
22 participation and increases fees for those who do participate. He said the authority is a great
23 idea; however it does not fix the problem and does not address the financing. He feels that any
24 decisions should involve the towns. He said he continues to hear that the tax is not the answer
25 and he clarified that the rural, urban and multi-family fees would go away and be replaced by
26 the tax, which would save money for many residents. He said that, despite reports of lower
27 numbers, about 65% of eligible rural residents use the curbside recycling service, and this
28 number is higher in some areas. He said that he also hears the statement that recycling in the
29 town is already collected by private companies. He said that the county owns the material and
30 the private companies offload the material at the Eubanks Road facility where it is processed,
31 loaded and hauled by Orange County staff to the local market. He said this material is mixed
32 with all other programs materials and this allows the county to realize top dollar to offset costs.
33 He feels the county and towns should work together to provide as many options as possible,
34 including convenience centers and curbside recycling to make recycling as easy as possible.
35 Marilee McTigue lives in Bingham Township. She said that her home is one of 10
36 homes in a neighborhood that is on the County's recycling route. She said all ten homes pay
37 for recycling but only 4 homes use it. This is due to the nature of the roads and driveways that
38 make it impossible to get the recycling to the collection point. She said that the residents that
39 use it live on the first part of the road. She wishes that the costs for these services were more
40 transparent and she feels it is very confusing. She would like to opt out of curbside recycling
41 and she said she is not in favor of a district tax. She said any decisions on new taxes or fees
42 should be deferred until there is a more complete picture of the needed services, costs and
43 benefits. She said she does not understand why the consent agenda lists the approval of a
44 new$200,000 recycling truck when the decision about the recycling program has not been
45 made yet.
46 Bonnie Hauser read the following prepared statement on behalf of the Orange County
47 Voice:
48 First on behalf of Orange County Voice, we support the idea of a pilot task force to
49 demonstrate that small haulers can safely use the county convenience centers.
10
1 Thank you for hearing residents tonight. We realize that you have many service and fiscal
2 challenges facing the county's solid waste operation. Funding for curbside recycling is one.
3 The landfill closing, convenience center upgrades and the very real prospect that Chapel Hill
4 may take over the urban curbside program are others.
5 This has been especially challenging for rural residents who do not rely on curbside
6 services. For years, we have been advocating for convenience centers, and to keep the county
7 from expanding curbside services and fees throughout the county. We are committed to
8 recycling, composting and waste reduction; we just don't all do it the same way. Curbside
9 services work well in the towns and suburban areas but don't fit rural lifestyles.
10 There is growing concern about the costs of service to rural residents. Convenience
11 center fees and taxes are increasing and we still don't know how the landfill closing will impact
12 the costs of service. Towns are advocating for their own citizens, and if the towns go their own
13 way, rural residents could be burdened with the bulk of the county's solid waste costs. There
14 has been no transparency about what citizens — rural or otherwise- can expect with respect to
15 future services, fees or taxes. Looking at a new tax in a vacuum only confuses the subject.
16 Tonight, we respectfully request that you delay any decisions on new solid waste taxes
17 or services, until you have a full understanding of the going forward services, taxes and fees.
18 To us, that includes knowing what the towns plan to do, and how much all solid waste and
19 recycling services will cost moving forward. That context is essential for you to properly
20 examine alternatives and assure us that fees and taxes will be fair and equitable — not just this
21 year-but for the next 3-5 years.
22 Please don't add any new taxes without transparency on services, costs and fees and
23 costs for the foreseeable future.
24 Thank you.
25
26 Tom Strukmeyer said this issue impacts him on two levels, since he is a resident of
27 Chapel Hill city, but lives in Durham County. He asked for clarification that residents in this
28 position, regardless of what happens, will have to fend for themselves. He said he gets all
29 services, except recycling, from Chapel Hill. He said he does not mind paying this fee and he
30 would discourage any changes to this program. He said he is proud of his community and he
31 hopes this won't be used as an opportunity to maintain the status quo. He feels that 100%
32 recycling can be obtained. He said in his prior life he was a mariner and spent a lot of time at
33 sea. He said that this gave him an idea of the global scale of the recycling issue. He would like
34 to see Orange County become a national leader in reducing the waste that goes into the
35 environment.
36 Rob Taylor is a resident of Bingham Township and served as recycling manager for
37 Orange County from 2005-10. He asked the Board to reject any option that eliminates curbside
38 recycling in unincorporated areas. He said moving to carts would reduce collection costs. He
39 noted that all neighboring municipalities have made this change and he asked the Board to
40 consider this option as soon as possible. He said municipal leaders support recycling efforts
41 and joint planning has gotten these programs to their current high level, and he asked for
42 reconstitution of the Solid Waste Advisory Board (SWAB). He said the recommendation to use
43 reserves would undermine the recycling efforts and will make future recycling more expensive.
44 He urged the board to implement a funding mechanism to cover next fiscal year. He said
45 recycling costs money but as the County begins to ship waste to another community, recycling
46 becomes an investment that pays dividends by reducing disposal.
47 Richard Palmer lives in Hillsborough and has curbside recycling. He asked what the
48 shortcomings of current systems may be and how can the system be improved. He said this
49 issue has been brought forward because of the State Supreme Court decision about a fee in
50 another county that was not authorized. He recommended that the County approach the
11
1 legislature for retroactive authority. He said there could then be a process to tweak and
2 improve the system without throwing out the baby with the bathwater.
3 Tom O'Dwyer said he would like to thank Frank Clifton for the narrowing of the options
4 to the current three. He said he understands that the taxes currently used would simply be
5 transferred into the tax district, so there is no additional expense. He said he is only concerned
6 about the partnership between Orange County and the municipalities. He encouraged Frank
7 Clifton to reach out to these municipalities to work out a system of scale economy for the
8 recycling program.
9 B.J. Tipton is a resident of Bingham Township and said she would like to echo the
10 previous comments of her neighbors. She said she had the opportunity to live in a different
11 state and part of the reason she and her husband decided to stay here, was this recycling
12 program. She feels very strongly about anything that undermines that and she feels the tax
13 district is the way to go.
14 Terri Buckner lives in a rural curbside collection area. She said that for every pound of
15 recycling collected contributes to a more socially just environment. This waste is not being
16 taken to a transfer station in another town to be delivered to a landfill in another state, which
17 means less fossil fuel being used and less imposition on others. She feels that only the district
18 tax and the authority should be considered as options.
19 Marty Mandell is a Carrboro resident and she is pleased with her curbside recycling.
20 She said she heard the comment regarding the sale of compost to a company in Chatham, and
21 she heard that Orange County is able to sell recycling materials to others. She said she also
22 knows of many communities who use recycled materials to make all sorts of goods. She asked
23 if these ideas shouldn't be developed more.
24 Bill Black lives in rural Orange County and he is new to the area and thinks this recycling
25 program is amazing. He came from an area that does not have curbside recycling and he
26 asked the County to preserve this service, even if it's on a pay per use basis. He said that it is
27 hard to estimate the cost of all of the residents driving to the convenience centers.
28 Jan Sassaman said he agreed with a lot of the comments made, especially with respect
29 to tax districts and working together with the towns. He said in order to expedite this process,
30 he sent the Board a draft resolution to help in forming their own resolution.
31 Susan Walser lives in Bingham Township and she has followed the solid waste issues
32 for years. She feels that residents of Orange County support recycling and she hears that
33 residents want flexibility. She does not see any discussion of this flexibility for residents going
34 on in the Board meetings. She referenced a survey that was given to SWAB several years ago
35 and she requested that the Board go back to the residents to determine their wants.
36 Norma White agreed with Susan Walser and she also referenced the survey done five
37 years ago for rural residents. In her case, this survey was for residents using the Walnut
38 Grove Convenience Center. She said that, in that survey, curbside recycling was not an option,
39 because it could not be used. She said she hopes the Board will consider this in its decision.
40 She said that curbside works well in some areas, but it does not work in others. She said that
41 any authority should not have the authority to put landfills wherever they desire. She also said
42 that any tax district should be created to be fair to rural people.
43 Don O'Leary lives in rural Orange County, Bingham Township. He has to make trips to
44 the dump and he brings his recycling when he goes. He said he would like to see options with
45 regard to curbside service. .
46 Gerald Turner said every time the county recycles, it means less being hauled to
47 Durham County.
48 Resident of Durham, (name not audible- not signed up to speak)who grew up in Orange
49 County and was spoiled by the recycling program. She said she would like to reiterate the
12
1 rejection of any option to eliminate curbside recycling and she feels this is an option to improve
2 the program.
3 Emily Burrough lives in Hillsborough and is concerned that if curbside becomes optional
4 many will opt out of recycling. She suggested, if the Board does make curbside recycling
5 optional, then recyclable items could be banned from the waste stream. She said this could just
6 be an extension of the corrugated cardboard ban.
7
8 End of Public Comment
9
10 Chair Jacobs noted that several questions were raised during the public comment. He
11 said the county legislative delegation did try to get authority but it died in committee.
12 John Roberts, referring to a question regarding Chapel Hill residents in Durham County,
13 said, without an inter-local agreement with Chapel Hill, Orange County has no legal authority to
14 provide a service and charge a fee outside of its jurisdiction. He said it would be up to the town
15 of Chapel Hill to ask Orange County to serve this area and to authorize the county to do so.
16 Frank Clifton said the county would not have the authority to levy a fee, so the
17 agreement with Chapel Hill would have to include a methodology of the town applying a tax and
18 paying the County.
19 Chair Jacobs said two people asked about getting with staff to talk about small haulers
20 using the convenience centers as an alternative to disposing in Durham. He asked the
21 manager and Gayle Wilson to meet with small haulers and report back to Board of County
22 Commissioners on pros and cons of this arrangement.
23 Commissioner McKee asked for clarification as to what happens to everything except
24 the $37 base fee from this point moving forward. He said his understanding that these fees will
25 go away and the tax will replace them.
26 Frank Clifton said fees for facilities and county wide services are appropriate; fees for
27 services at curbside and multi-family locations are not within the county jurisdiction. He said the
28 County could create a system of opting in or out for some services, but this would require
29 creation of a billing system. He said there is an issue with the fact that if there is a
30 neighborhood of 15 houses and only 4 opt in, the cost of the service will remain the same. He
31 said that in rural neighborhoods, often one neighbor will pay the cost and everyone shares cost
32 and shares the cans. He said these are examples of a number of issues that exist.
33 John Roberts said the Supreme Court decision suggested that Orange County does not
34 have the authority and he read it as a need for the county to look at other options.
35 Commissioner Dorosin clarified that the County currently collects multi-family and
36 government facility waste inside the towns. He asked if whatever option is chosen, going
37 forward, would require those facilities to be part of this.
38 Frank Clifton said Orange County has contracts with schools and their own facilities but
39 multi-family units would require the town to take action.
40 Commissioner Dorosin clarified that a tax district would be funded with a tax, but the
41 authority would be funded by fees.
42 Frank Clifton said this would be one methodology, but there are several options.
43 Commissioner Dorosin asked if those fees would be levied on everyone who is subject
44 to that authority.
45 Frank Clifton said the authority can provide services and charge fees accordingly. He
46 said, if the service is not provided, the fee won't be levied.
47 Commissioner Dorosin asked if the fee is based on the service being available or based
48 on the service being used.
49 Frank Clifton said it will be the first choice.
13
1 John Roberts said he spoke to one of the attorneys at a solid waste authority in the
2 eastern part of the state and he said the fee structure there includes a base fee similar to the
3 county and there are collection fees for collection areas. He said that district does not have a
4 mandatory curbside collection fee for rural areas.
5 Commissioner Dorosin said one of the elements of the criteria is equity. He said if the
6 goal is to not to impose this on anyone, he wonders if the authority is the way to go.
7 Frank Clifton said it will take a period of time to establish an authority and therefore the
8 thought is to do the tax district in the interim. He feels the tax district is the best immediate
9 option with the authority being phased in.
10 Commissioner Dorosin said legally the authority would have the authority to say this
11 would be a fee based system within its established jurisdiction.
12 John Roberts said he feels the authority is the way to go. He said this only requires the
13 creation of a resolution and submission to partner entities. He said reality may prove different
14 than this.
15 Commissioner Price said she has concerns about authority and the amount of control
16 the county and towns would have. She questioned how much control over fees Orange County
17 would have and she brought up the issue of equity and fairness.
18 John Roberts said the county would have limited control because it is an independent
19 local authority. He said the County would establish the authority and appoint members, but it
20 would be an independent local government.
21 Commissioner Price referred to the small haulers getting with the staff, and said she
22 thought the small haulers wanted a working group.
23 Chair Jacobs said the legal and technical feasibility of the proposals would need to be
24 considered before creating expectations of working it out.
25 Commissioner Rich asked if a tax district option would mean the district remains the
26 same as the current curbside pick-up.
27 Frank Clifton said this is an option. He said that a public hearing can be held to create a
28 single countywide tax district for the unincorporated areas of Orange County. He said that if a
29 district were created only for the people involved in the limited service area that exists now, that
30 requires a different notification process. He said there is a way to amend the district
31 boundaries at a later point.
32 John Roberts said he has looked at the process again since his previous discussion with
33 the manager, and he has changed his mind. He does not think there is a difference in the
34 process for creating a countywide district versus a smaller district. He said in either case, each
35 person in the district must be notified. He said if the towns want to be involved, it will have to be
36 done by resolution.
37 Commissioner Rich asked if the towns could be included at the onset of the district
38 creation.
39 John Roberts said it can happen in whatever way the county wants to proceed.
40 Commissioner Rich said she would recommend, with option 2, that the county talks with
41 the towns and asks them to be included from the onset.
42 Commissioner McKee said he agrees with Commissioner Rich regarding bringing in the
43 towns sooner, rather than later. He said that he has no problem with reducing the options
44 again, and he feels that option 3 is not palatable to many of the citizens and he suggested
45 eliminating it. He suggested that if a tax service district is chosen and the desire is to make it
46 equitable, it should not be a countywide district, because curbside is not available countywide
47 now. He said there are also issues in the rural parts of the county with long driveways and
48 many residents are very content with use of the convenience centers. He asked if the tax
49 district would be expanded to encompass an expansion of the rural curbside service.
50 John Roberts answered yes.
14
1 Commissioner Rich said she would like to explore the carts more. She said these were
2 a driving force with the towns and she would like to see what the options are, and how this
3 would work with the tax district.
4 Commissioner Price referred to the idea of a work group and suggested that there be
5 representatives from both county and town, as well as staff, residents and haulers. She said
6 this would include all stake holders and would prevent decisions being made in isolation.
7 Commissioner Pelissier suggested that the process start by finding out if the towns are
8 really interested in participating, and in what capacity. She agreed with Commissioner McKee
9 about eliminating option 3, since it is evident that the citizens want to keep a recycling program.
10 She said what bothers her about the opt-out option is the fact that the county already provides
11 services that not everyone participates in but we want and pay for. She gave examples of
12 schools, parks, etc. She said that the one service that everyone has to use is waste disposal
13 and recycling. She said this needs to be looked at as a big picture of the overall service to the
14 county. She said there are people who don't use the convenience centers but pay for them
15 through taxes. She said that the fees are not that much more than those already being paid.
16 Commissioner Dorosin said he appreciated what Commissioner Pelissier said. He feels
17 there are pros and cons for both the authority and the tax. He personally does not want to
18 create a quasi-judicial authority. He feels the government should be responsible for this. He
19 feels the fees are regressive and fall harder on those less able to pay. He said that the pro side
20 would be if only users have to pay the fee.
21 He said that the pros of the District tax side are that it is controlled by county, and it has
22 a progressive tax. The con is that this tax would be on all properties, regardless of use.
23 He feels that reaching out to other partners is critical with regard to broad based
24 participation. He said the county should go back to towns for feedback, as well as doing more
25 research on how an authority would work and what the costs would be.
26 He questioned, for a countywide tax district, what the tax would be in order to cover the
27 fee that is being lost, and he would like to see a comparative analysis.
28 Commissioner Gordon said the Board needs to reach out to the government partners.
29 She also feels that it is time to eliminate option 3 and do further research on the authority and
30 tax district, especially with regard to costs. She said she is leaning toward the tax district.
31 Chair Jacobs said letters have already been received from 2 of the 3 mayors and they
32 support the current recycling system. He said the Board has been told that Chapel Hill is
33 supportive. He noted that when the County met with the town council, it was requested that,
34 the town communicate with the County before making any decisions on solid waste. He said it
35 is time for the county to do the same. He said he cannibalized Mr. Sassaman's draft resolution
36 and he read the following proposed resolution:
37
38 RESOLUTION ADVANCING THE ESTABLISHMENT OF A SOLID WASTE TAX SERVICE
39 DISTRICT IN ORANGE COUNTY
40
41 WHEREAS, THE Orange County Board of Commissioners has determined that it is no
42 longer appropriate to collect certain fees to fund urban, multifamily, and rural recycling services;
43 and
44 WHEREAS, a continued strong, integrated, and collaborative recycling program is in the
45 best interest of Orange County, it's resident, and its environment; and
46
47 WHEREAS, it is vital that a recycling collection program be inclusive of all residents of
48 Orange County as soon as practicable; and
49
15
1 WHEREAS, the Board of Orange County Commissioners has consistently reaffirmed
2 the long-established goal of 61 percent waste reduction; and
3
4 WHEREAS, an integrated system necessitates that all county jurisdictions have a voice
5 in decision-making with respect to solid waste issues in the county.
6
7 Now, therefore be it RESOLVED that the Orange County Board of Commissioners
8 directs its staff to immediately begin a process to analyze and develop a Solid Waste Tax
9 Service District in accord with appropriate North Carolina statutes, said tax district to potentially
10 include all those portions of Orange County that currently receive curbside recycling.
11
12 Be it further RESOLVED that, before enabling such a Solid Waste Tax Service District,
13 the Board of Commissioners invites the towns of Carrboro, Chapel Hill and Hillsborough to join
14 this tax district and directs the county manager to meet with the managers of those towns to
15 determine their willingness to participate, to ascertain their needs and concerns, and report
16 back to the Board of Commissioners so they may proceed with implementation by the end of
17 the 2012-13 fiscal year.
18
19 Be it further RESOLVED that the Board of Orange County Commissioners requests the
20 towns participate in establishing a working group, including elected officials, staff, residents and
21 others to identify the steps required to create an inclusive Solid Waste Tax Service District and
22 to assess details of its operation and appropriate rates, adopting a schedule of reports,
23 recommendations, and ultimate agreement that would enable the Solid Waste Tax Service
24 District to be in place and operational no later than June 30, 2014.
25
26 Be it further RESOLVED that the County will collect only the basic 3-R fee for the 2013-
27 14 fiscal year, financing all fiscal 2013-14 recycling collection with enterprise fund reserves and
28 other monies as the commissioners may direct, with funding in subsequent years to come from
29 those serviced within the tax district.
30
31 Commissioner McKee suggested that, because option one and two are still on the table,
32 each declaration should include "or solid waste authority" in order to keep both options on the
33 table.
34 Commissioner Gordon referred to the first "Be it further resolved" paragraph and asked
35 for clarification on the ending sentence regarding the meaning of"they" and she proposed that
36 this should read: "...so that the Board my proceed with implementation."
37 Commissioner Gordon asked for clarification of those parties involved in the working
38 group. She asked if the intent of motion was to choose the tax district tonight.
39 Chair Jacobs said he has heard that the majority of the board was leaning toward tax
40 district.
41 Commissioner Dorosin said, as he understands, the current consensus of the Board is
42 that 2013-14 will have the current level of service remain in place; and all fees but the basic 3-R
43 fee will go away.
44 Chair Jacobs said it will be the same level of service only if the towns participate.
45 Commissioner Dorosin clarified that any option chosen will go into effect July 1, 2014,
46 allowing a year and a few months to work out details.
47 Chair Jacob said yes, including discussion of the authority.
48 John Roberts pointed out that the idea that a county wide service district does not
49 require notice is wrong. He said that, in addition to a resolution, the towns would have to notify
16
1 their residents of any change. He said their attorneys may disagree on the notice and say it is
2 the County's responsibility.
3 Commissioner Dorosin said this resolution, as worded, would not support the authority.
4 He recommended that wording on the authority be added. He said that without it the towns are
5 not being given a chance for input, as the decision has been made. He feels the Board should
6 get the towns' feedback on both.
7 Commissioner Pelissier agreed with Commissioner Dorosin. She said it should be
8 designated that the tax district needs to be enacted as a temporary measure. She said time
9 may be needed to determine if people want a Solid Waste Authority. She feels the wording
10 really needs to be fleshed out.
11 She said she is not sure what role residents would play if a tax district is implemented.
12 She said that it is really up to elected officials to determine tax rates, and involving anyone other
13 than staff and elected officials to the work group may slow this option down.
14 Chair Jacobs said he was thinking that the tax rate would be determined in 2013-14.
15 Commissioner Rich said she likes the idea of including the authority, but that idea needs
16 to be fleshed out. She feels the tax district should be put in place first with an option of an
17 authority down the road.
18 Chair Jacobs said he was trying to structure this resolution to focus on the tax district for
19 this coming year and then a longer term resolution and a working group for coming back with a
20 recommendation for the next year. He is not in favor of an authority because he feels that more
21 bureaucracy and distance from elected officials is a bad idea.
22 Commissioner Dorosin asked about the idea of a short term and long term solution. He
23 said he thought there was already a short term solution through funding through fiscal year
24 2013. He asked for clarification on whether the goal is to get this tax district in place through
25 July 1 of this year.
26 Chair Jacobs said the goal would be to at least have a frame work in which to proceed.
27 He said he has heard the point that this may preclude having a similar discussion about an
28 authority. He said it could be either/or since there is a band aid solution for the next year.
29 Frank Clifton said there are some parameters and impacts of these decisions. He
30 reviewed franchise options and the proposal to use reserve funds to cover short term costs. He
31 said that the County, in the end, is responsible through general funds to fill gaps in revenues for
32 all of its operations. He said the convenience centers are already subsidized by general funds.
33 He said the most difficult aspect is to assess the estimated tax rate for the district to operate as
34 it does now. He reviewed some of the cost analysis that will be involved. He said that in
35 narrowing down the area being served, there will be a higher impact on the tax rate for those
36 individuals. He said these numbers will be worked on. He feels Chair Jacobs motion is
37 adequate in addressing general parameters and gives a basis to move forward. He said that if
38 reserves are used, those funds must be replaced at some point.
39 Commissioner Gordon said that in trying to figure out how to add the appropriate
40 language, she recommends that, in addition to her earlier suggestion, something be added to
41 the resolution paragraphs regarding cost estimates.
42 She noted that this resolution is being discussed right after a public hearing and that
43 anything passed tonight should state that it is the Board's "intent" to pass this resolution. This
44 can be followed by input from the towns and others before coming back to pass it.
45 Commissioner Price said that it looks as if the resolution is trying to incorporate two
46 steps. She said that in one of these, a decision must be made in the next couple of weeks.
47 She said that the language about working with the towns, residents and business owners
48 regarding a solid waste authority, needs to be in step two of the resolution.
49 Chair Jacobs suggested that the motion be simplified to include the 5 point bare bones
50 actions to authorize and direct for future actions.
17
1 Commissioner McKee said this is no problem and asked Commissioner Gordon if this
2 re-wording and abbreviated motion would be agreeable to her. He agreed with her point about
3 crafting this on the fly.
4 Commissioner Dorosin said he would make the motion. He feels this is a political issue
5 and the chair and vice chair need to talk with elected officials instead of the managers. He
6 suggested this as a friendly amendment.
7 Chair Jacobs said he is fine with this and he has a breakfast meeting with the mayors
8 next week to discuss this issue.
9 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee as
10 follows:
11 • Board of County Commissioners wishes to maintain the current recycling program.
12 • Direct Manager to meet with the Managers of Carrboro, Chapel Hill and
13 Hillsborough to determine their willingness to participate, to ascertain their needs
14 and concerns, and report back to the Board of Commissioners by the end of the
15 2012-13 fiscal year so the county may proceed with implementation;
16 • Direct Chair to meet with the three Mayors for a similar, parallel conversation.
17 • Adopt an interim funding plan for 2013-14, at end of this fiscal year.
18 • Commit to further investigate both a solid waste tax service district and a solid
19 waste authority.
20
21
22 Commissioner Gordon asked about estimated costs and said this moves the Board
23 forward tonight but doesn't make a definitive statement.
24 Chair Jacobs said the first step will be to get reports back and then flesh out costs.
25 Commissioner Gordon asked if the next comprehensive motion would come at end of
26 June.
27 Chair Jacobs said there can be a more thorough motion to direct the managers' work
28 and articulate goals without all the specifics.
29 Commissioner Rich called the question.
30
31 VOTE: UNANIMOUS
32
33 7. Reqular Agenda
34a. a. Establishment of Three (3) New Fire Service Districts and Approve New
35 Boundaries for Three (3) Existing Fire Insurance Districts — South Orange Fire Service
36 District, Greater Chapel Hill Fire Service District and Southern Triangle Fire Service
37 District
38 The Board will approved the establishment of the three new Fire Service Districts —the
39 South Orange Fire Service District, the Greater Chapel Hill Fire Service District and the
40 Southern Triangle Fire Service District; and approve new boundaries for three existing fire
41 insurance districts — South Orange Fire Insurance District, Greater Chapel Hill Fire Insurance
42 District and North Chatham Fire Insurance District.
43 Michael Talbert noted two corrections to abstract: 1. Page two — map is no longer
44 attached; 2. Page 3- should read that greater Chapel Hill service district will get a revenue
45 increase.
46 He said the action tonight is to establish three new fire service districts and re-do the
47 boundaries for three existing fire insurance districts. He said that when this item was first
48 brought to the work group, the purpose in mind was to have the insurance and fire service
49 districts be one and the same. He said that further investigation showed that this was not
18
1 possible with the North Chatham fire service district because it spanned two different fire
2 protection districts. He said the board held a public hearing on April 17 with 45 people in the
3 audience and comments were generally in favor of moving forward with the fire service districts
4 as outlined.
5 He reviewed actions taken and said the town of Carrboro has agreed to provide service
6 in the South Orange Fire Insurance District, and Chapel Hill has agreed to provide service in
7 the greater Chapel Hill Service District.
8 He said the approval by the North Chatham Fire Department will likely come in the first
9 ten days of May and the maps for the insurance districts have been approved by the State Fire
10 Marshall's office, but it will take four to six months to gain approval for the change in the ISO
11 ratings to become effective. He said the recommendation from the manager is to approve the
12 three resolutions establishing the three new fire service districts.
13 He said Commissioner Gordon handed out a revised recommendation and the county
14 attorney said that it is acceptable and achieves same purpose as the original.
15 Commissioner Gordon requested that her email questions and comments regarding this
16 item be entered into the record as follows:
17
18 Questions and Comments from Commissioner Gordon - Agenda Item 7a - April 23, 2013
19
20 This item deals with the establishment of three new fire service districts and approval of new
21 boundaries for three existing fire insurance districts. My questions and comments are given
22 below.
23
24 I. MAPS
25
26 The actions proposed would be clearer if each action in the agenda packet had a matching
27 map. Right now there are six actions but only four maps, and sometimes it appears that the
28 maps listed in the agenda materials are not the same as the maps actually included in the
29 agenda packet.
30
31 Given below is the listing of the Attachments, followed by a description of the maps and
32 resolutions. If you compare the descriptions of the four attachments with the descriptions of the
33 maps and resolutions, it appears that the South Orange and Greater Chapel Hill fire districts
34 need clarification.
35
36 (A) Attachments - Page 1
37 The four attachments on page 1 reference the fire districts as follows:
38
39 Attachment 1 - Resolution to Establish the South Orange Fire Service District and Map
40 Attachment 2 - Resolution to Establish the Greater Chapel Hill Fire Service District and Map
41 Attachment 3 - Resolution to Establish the Southern Triangle Fire Service District and Map
42 Attachment 4 - New North Chatham Fire Insurance District
43
44 After reading this, one would expect to see three fire service district maps, followed by one fire
45 insurance district map. However, that does not appear to be the case for Attachment 1 and
46 Attachment 2, when one reads the information from the agenda materials, summarized below.
47
48 (B) Maps and Resolutions - Pages 6 -12
49
50 Pages 6 and 7 - Resolution Establishing the South Orange Fire Service District (page 6) and
19
1 the map of the New South Orange Fire Insurance District (page 7).
2
3 Page 8 and 9 - Resolution Establishing the Greater Chapel Hill Fire Service District (page 8)
4 and the map of the Greater Chapel Hill Fire Insurance District (page 9).
5
6 Page 10 and 11 - Resolution Establishing the Southern Triangle Fire Service District and the
7 map of the New Southern Triangle Fire Service District
8
9 Page 12 - Map of the New North Chatham Fire Insurance District
10
11 (II) BACKGROUND - Pages 2 - 4 of the agenda abstract
12
13 Page 2 - South Orange Fire Service District
14 First paragraph - It is not clear why Attachment 2 (Greater Chapel Hill Fire Service District) is
15 referenced. Also, the text says that Attachment 1 is a map of the proposed new South Orange
16 Fire Service District, but actually it is a map of the New South Orange Fire Insurance District.
17
18 Pages 2 and 3 - Southern Triangle Fire Service District
19 Last paragraph on page 2 (which continues to the top of page 3) - The text refers to "the area in
20 yellow" but it is not clear where that area might be on the maps included in the agenda
21 materials. It is also not clear why Attachment 2 is referenced at the top of page 3.
22
23 Second full paragraph on page 3 (which is also the last paragraph for this fire district) -
24 The New Southern Triangle Fire Service is not the same as the New North Chatham Fire
25 Insurance District because the latter includes the Damascus fire district. My question here is
26 what is the status of the Damascus fire district? Is it still a fire protection district?
27
28 Pages 3 and 4 - Greater Chapel Hill Fire Service District
29 First paragraph - It is not clear why the following statement is made:
30 "...the net impact for the new North Chatham Fire Insurance District is a revenue increase of
31 $276,025 from $1,706 to $277,731."
32
33 Page 4 - "Listed below are actions that need to be taken before three (3) new Fire Service
34 Districts can be created and included in the County's Fiscal Year 2013/2014 annual budget."
35 Third bullet in the paragraph that begins with the sentence given above - This bullet is
36 "Approval by the State Fire Marshal's Office."
37 It was my understanding that this approval would not come until sometime in the fall, and yet
38 the Commissioners are scheduled to approve the 2013/2014 budget in June. My
39 understanding was that the bullet should say "Submission for approval by the State Fire
40 Marshal's Office." Please clarify what this bullet means.
41
42 General Comment
43 If I understand correctly the intent what is being proposed, the boundaries for the new South
44 Orange fire service district and fire insurance district are the same, and the boundaries for the
45 new Greater Chapel Hill fire service district and fire insurance district are also the same.
46 However, it appears that the text of the agenda abstract does not always make that clear, and
47 that therefore the text should be revised in the interest of greater clarity.
48
49 (III) RECOMMENDATIONS - Pages 4 and 5 of the agenda abstract
50
20
1 Recommendation 1 - The suggestion would be to make sure that the three maps are all the
2 appropriate fire service district maps.
3
4 Recommendation 2 - The suggestion would be to provide the statement of a formal motion to
5 approve the new fire insurance district boundaries for the three districts, as shown in the three
6 appropriate fire insurance district maps. Also included would be a statement that the maps
7 would be submitted for approval to the State Fire Marshal's Office.
8
9 Michael Talbert's Response to Commissioner Gordon's Questions and Comments:
10
11
12 Commissioner Gordon,
13
14 When the issue of establishing three new fire service districts was discussed at a BOCC
15 work session on November 13, 2012 we anticipated that each new fire service district
16 would be the same as the underlying fire insurance district. This is true for both the
17 South Orange District and Greater Chapel Hill District. The North Chatham Fire Insurance
18 District includes both the Damascus and Southern Triangle Fire Districts. To try and
19 make this issue as simple as possible, Southern Triangle Fire Service District is
20 proposed to be a separate Fire Service District , but included in North Chatham Fire
21 Insurance District. This means there is no change for the existing Damascus Fire
22 District. Therefore there are 2 maps, one for the Southern Triangle Fire Service District
23 and one for the North Chatham Fire Insurance District.
24
25 The only alternative solution that I could think of was to add 2 maps to the abstract, one
26 to show the South Orange Fire Service District and one for the Greater Chapel Hill Fire
27 Service District. The 2 new maps would be the same as the Fire Insurance Maps and
28 could be confusing to have 2 maps exactly the same with different titles on the map.
29
30 This is a difficult concept to understand and this issue has discussed by the BOCC 4
31 times since the work session on November 13, 2013. At this point I don't know how to
32 explain it differently.
33
34 Pages 2 and 3 - Southern Triangle Fire Service District Last paragraph on page 2 (which
35 continues to the top of page 3) - The text refers to "the area in yellow" but it is not clear where
36 that area might be on the maps included in the agenda materials. It is also not clear why
37 Attachment 2 is referenced at the top of page 3.
38
39 The "the area in yellow" is from a previous abstract and should have been deleted.
40 Sentence should read "The Town of Chapel Hill is better positioned and has agreed to
41 serve the 112 homeowners located more than six (6) road miles from the nearest North
42 Chatham Station.
43
44 Second full paragraph on page 3 (which is also the last paragraph for this fire district) - The
45 New Southern Triangle Fire Service is not the same as the New North Chatham Fire Insurance
46 District because the latter includes the Damascus fire district. My question here is what is the
47 status of the Damascus fire district. Is it still a fire protection district?
48
49 Damascus is still a Fire Protection District
21
1
2 Pages 3 and 4 - Greater Chapel Hill Fire Service District First paragraph - It is not clear why the
3 following statement is made:
4 "...the net impact for the new North Chatham Fire Insurance District is a revenue increase of
5 $276,025 from $1,706 to $277,731."
6
7 The wording should be " ,the net impact for the new Greater Chapel Hill Fire Service
8 District is a revenue increase of$276,025 from $$1,706 to $277,731."
9
10 Page 4 - "Listed below are actions that need to be taken before three
11 (3) new Fire Service Districts can be created and included in the County's Fiscal Year
12 2013/2014 annual budget."
13 Third bullet in the paragraph that begins with the sentence given above - This bullet is
14 "Approval by the State Fire Marshal's Office."
15 It was my understanding that this approval would not come until sometime in the fall, and yet
16 the Commissioners are scheduled to approve the 2013/2014 budget in June. My
17 understanding was that the bullet should say "Submission for approval by the State Fire
18 Marshal's Office." Please clarify what this bullet means.
19
20 The revised fire insurance district maps will be submitted to the State Fire Marshal's
21 Office after the Board's approval on April 23, 2013. The State Fire Marshal has told staff
22 that it will take 4 to 6 months for their office to review and approve the new maps.
23
24 General Comment
25 If I understand correctly the intent what is being proposed, the boundaries for the new South
26 Orange fire service district and fire insurance district are the same, and the boundaries for the
27 new Greater Chapel Hill fire service district and fire insurance district are also the same.
28 However, it appears that the text of the agenda abstract does not always make that clear, and
29 that therefore the text should be revised in the interest of greater clarity.
30
31 (III) RECOMMENDATIONS - Pages 4 and 5 of the agenda abstract
32
33 Recommendation 1 - The suggestion would be to make sure that the three maps are all the
34 appropriate fire service district maps.
35
36 Recommendation 2 - The suggestion would be to provide the statement of a formal motion to
37 approve the new fire insurance district boundaries for the three districts, as shown in the three
38 appropriate fire insurance district maps. Also included would be a statement that the maps
39 would be submitted for approval to the State Fire Marshal's Office.
40
41 You are correct, the boundaries for the new South Orange fire service district and fire
42 insurance district are the same, and the boundaries for the new Greater Chapel Hill fire
43 service district and fire insurance district are also the same.
44
45 The Abstract is a public document and I don't think it is proper to change the
46 recommendations. I would encourage you to make any changes to the motions to
47 approve that you think are appropriate.
48
49 Let me know if you have any other questions.
50
22
1 Michael S. Talbert
2 Assistant County Manager
3 Orange County, North Carolina
4
5
6 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier for
7 the Board to take the following actions:
8
9 1. Change the title of the two maps as follows:
10 a) Change the title of the map referenced as Attachment A in the Resolution
11 Establishing the South Orange Fire Service District to "South Orange Fire Service District/New
12 South Orange Fire Insurance District"
13 b) Change the title of the map referenced as Attachment A in the Resolution
14 Establishing the Greater Chapel Hill Fire Service District to "Greater Chapel Hill Fire Service
15 District/Greater Chapel Hill Fire Insurance District"
16
17 2. Approve and authorize the Chair to sign the necessary three resolutions, with maps
18 amended above, establishing the three new Fire Service Districts:
19 - South Orange Fire Service District and Map
20 - Greater Chapel Hill Fire Service District and Map
21 - Southern Triangle Fire Service District and Map
22
23 3. Approve and authorize the Chair to sign as necessary new boundaries for three (3) existing
24 fire insurance districts:
• 25 - South Orange Fire Insurance District
• 26 - Greater Chapel Hill Fire Insurance District
• 27 - North Chatham Fire Insurance District
281.
29 4. Authorize staff to submit these new fire insurance districts to the State Fire Marshal's Office.
30
31
32 VOTE: UNANIMOUS
33
34 Chair Jacobs thanked Commissioner McKee and Michael Talbert for their leadership
35 during this process.
36
37
38
39a. b. Major Subdivision Preliminary Plat Application —Annandale at Creek Wood
40 The Board received the recommendation of the Planning Board and considered action
41 on a Major Subdivision Preliminary Plat application in accordance with the provisions of Section
42 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO).
43
44 Michael Harvey reviewed the following PowerPoint Slides:
45
46 AGENDA ITEM:7-B
47 PRELIMINARY PLAT APPLICATION
48 ANNANDALE AT CREEK WOOD
49
50 PROJECT INFORMATION: (Map)
23
1 PIN: 9880-28-1953
2 Size: 36.46 acres
3 Zoning: Rural Buffer (RB) Major Transportation Corridor Overlay District (MTC)
4 Future Land Use Map Designation: Rural Buffer
5 Growth Management System Designation: Rural
6
7 PROPOSAL:
8 • Flexible Development single-family residential,
9 • 11 lots each at least two acres in area,
10 • Overall proposed density- one dwelling unit per every 3.31 acres of land area,
11 • 12.16 acres of open space (33.31% of the subject parcel) — Primary open space = 6.76
12 acres ; Secondary = 5.4 acres
13 • Two roads built to NC DOT standards — end in cul-de sacs,
14 • Voluntary impervious surface limits for lots per storm water permit process,
15 • Pedestrian Open Space Access (POSA) to east of project near Triangle Land
16 Conservancy (TLC) property.
17.
18 LAYOUT: (Map)
19
20 COLOR LAYOUT: (Map)
21
22 REVIEW PROCESS:
23 FIRST ACTION — Concept plan application containing `conventional' and `flexible' development
24 option layouts
25 SECOND ACTION — Neighborhood Information Meeting - owners within 500 feet of the subject
26 property invited to view/comment on the proposal.
27 THIRD ACTION —Planning Board review and make a recommendation on the Concept Plan
28 Application - should project proceed as a `conventional' or `flexible' development.
29
30 REVIEW PROCESS:
31 FOURTH ACTION — Planning Board reviews and makes a recommendation on Preliminary Plat
32 application.
33 FIFTH ACTION —The BOCC receives the Planning Board recommendation and takes action on
34 the Preliminary Plat application.
35 SIXTH ACTION — If approved, and once all construction activities have been completed or
36 appropriate financial assurances have been approved, staff will sign off on a Final Plat, which
37 will be recorded in the Orange County Registrar of Deeds Office.
38
39 RECOMMENDATIONS:
40 • At its March 6, 2013 regular meeting the Board voted 9 to 1 to recommend approval of
41 the Annandale at Creek Wood Preliminary Plat application package.
42 • Staff also recommends approval of the application.
43•
44 MANAGER RECOMMENDS BOCC:
45 1. Receive the Planning Board and Planning Director's recommendation on the
46 Preliminary Plat application for the Annandale at Creek Wood Subdivision,
471. 2. Discuss the proposal, and
482. 3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained
49 in Attachment 8.
50
24
1 Referring to the subdivision layout Michael Harvey pointed out that the septic locations
2 are approximate and these can vary. He noted the stream buffer and said a footbridge has
3 been proposed for access to an easement and open space access. He reviewed buffers and
4 preservation of hardwoods through a voluntary tree buffer. He said Duke Forest reps and
5 others were invited to the neighborhood meeting and expressed no concerns about this project.
6 He said the applicants have decided to keep the open space as maintained by the local
7 homeowners association. He noted that Triangle Land Conservancy is interested in the
8 pedestrian open space access which could eventually tie into trails.
9 He reminded board of process and actions as outlined on page one of the abstract.
10 Chair Jacobs referred to page 123 and the prohibiting of tree cutting in the land use
11 buffer. He asked if there is a similar prohibition for the northwestern portion of the property.
12 Michael Harvey said this area was designed to be left in an undisturbed state. He said
13 that an allowance can certainly be added.
14 Chair Jacobs said this addition would clarify the conditions, and Michael Harvey said this
15 can be put in.
16 Chair Jacobs asked about discussion on having buffers on the north and east instead of
17 the south and west.
18 Tom Heffner, developer from Heffner Properties, said they wanted to have the buffer
19 along 86 to maintain a rural treed look. He said that New Forest and the people at Triangle
20 Land Conservancy (TLC) wanted an undisturbed buffer. Because of this, the buffer was used
21 to maintain a 2 acre lot size.
22 Chair Jacobs asked if there discussion at the planning board about curb and gutter.
23 Tom Heffner said he likes the curb and gutter as it reduces the tree cutting and grading
24 needed. He said this also allows grass shoulders to be established more quickly. He said the
25 concerns expressed were related to wildlife crossing.
26 Michael Harvey said the position of the developer is that the curb and gutter system
27 would accomplish a greater degree of protection for the surrounding environment as a point
28 source of transferring storm water. He said that the rationale of the plan is that it avoids clear
29 cutting and protects the viability of the creek.
30 Chair Jacobs said the DOT has a one size fits all for the roads and he feels the
31 developers have done the best job possible with this.
32 Commissioner Dorosin asked how much discretion the Board has in approving
33 something like this.
34 Michael Harvey asked what the concerns Commissioner Dorosin had and said the
35 process indicates that the planning board said this meets the code and staff said it meets the
36 code. He said the commissioner has the opportunity to express dislike for the project or the
37 code.
38 Commissioner Dorosin said he is just curious. He referenced the restrictive covenants
39 and asked if this is something the developers are required to do.
40 Michael Harvey said yes.
41 Commissioner Dorosin asked if this is to ensure preservation of the open space.
42 Michael Harvey said the restrictive covenants are what the local residents will have to
43 live with. He said the County staff establishes the planning guidelines.
44 Commissioner Dorosin asked if the Board of County Commissioners have input into
45 what an HOA does with their covenants. He referenced the covenant prohibiting signs and said
46 this violates first amendment rights.
47 John Roberts said the Board has input only on restrictions that have to do with UDO and
48 Comprehensive planning. He does not believe the Board has authority over Homeowners
49 Association restrictive covenants.
25
1 Commissioner Dorosin asked if there can be later discussion of putting something in the
2 UDO regarding this issue, specifically first amendment violations in covenants.
3 Chair Jacobs said there have been instances where developers refused to show the
4 covenants. He said there have been requests in the past to change covenants to allow
5 clotheslines, and developers have made changes.
6 Tom Heffner said the no sign issue was to address business types of signs and this will
7 be reviewed and appropriately changed. He said he agreed with Commissioner Dorosin about
8 covenants but the reality is that people like the assurance given by restrictive covenants,
9 especially in the case of more expensive lots. He invited the Commissioners to email him with
10 any other concerns.
11
12 A motion was made by Commissioner Price, seconded by Commissioner McKee,
13 including a modification on tree cutting to:
14 Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
15 Attachment 8.
16
17 VOTE: UNANIMOUS
18
19b. c. Preliminary Information and Approval to Finance Various Capital Investment
20 Plan Projects and County Equipment
21 The Board received preliminary information and considered approving a resolution
22 authorizing the scheduling of a public hearing for the installment financing for capital investment
23 projects and equipment previously authorized by the Board.
24 Clarence Grier reviewed the financial information from the abstract. He said bids will be
25 received from 3-4 financial institutions. He said the loan closing is expected by June 4th of this
26 year.
27 A motion was made by Commissioner McKee seconded by Commissioner Price to
28 approve a resolution authorizing the scheduling of a public hearing for the installment financing
29 for capital investment projects and equipment previously authorized by the Board.
30
31 VOTE: UNANIMOUS
32
33c. d. Sales Tax Distribution Method for Fiscal Year 2013/2014
34 Frank Clifton said a decision needs to be made each year by the end of April. He
35 reviewed the following two options and information, from the abstract:
36 The first option is to distribute the sales tax collected based on population. The formula
37 takes the County's population and adds all individual municipal populations. The percent of
38 each individual municipalities population divided by that grand total is used to allocate the sales
39 tax revenue. This method has been used by Orange County for at least the last 21 years.
40 The second option is to distribute the sales tax collected based on the Ad Valorem
41 Property Tax Levied by each taxing unit of local government. Attachment 1 lists the 2012-2013
42 Property Tax Levies by taxing unit of local government furnished by the North Carolina
43 Department of Revenue. Orange County is the taxing unit of local government for not only
44 Orange County, but for all special tax districts located in Orange County.
45
46 The NC General Statutes give the Board of County Commissioners the option of
47 changing distribution methods each year as outlined in General Statutes 105-472.b. below:
48 "The board of county commissioners in each taxing county shall, by resolution adopted during
49 the month of April of each year, determine which of the two foregoing methods of distribution
50 shall be in effect in the county during the next succeeding fiscal year. In order for the resolution
26
1 to be effective, a certified copy of it must be delivered to the Secretary in Raleigh within 15
2 calendar days after its adoption. If the board fails to adopt a resolution choosing a method of
3 distribution not then in effect in the county, or if a certified copy of the resolution is not timely
4 delivered to the Secretary, the method of distribution then in effect in the county shall continue
5 in effect for the following fiscal year. The method of distribution in effect on the first of July of
6 each fiscal year shall apply to every distribution made during that fiscal year."
7
8 Frank Clifton said the current process has not been changed in years by the county. He
9 noted that Orange County is unique in that it has a school district with taxing authority. This
10 means that a switch to assessment base, then the Chapel Hill Carrboro City School district and
11 the fire districts would receive an appropriation. He said this is brought to the board each year
12 at this time and it is the Board's discretion to change it or leave it as is.
13 Clarence Grier said if the process is changed to the ad valorem, $1,053,217 in sales tax
14 credit would be gained. He said that Chapel Hill Carrboro City Schools would gain about $2.5
15 million; and Chapel Hill downtown service district and Durham would receive $500,000 in
16 increases.
17 He noted that the individual towns would lose about $4m in sales tax revenue based on
18 the ad valorem property tax values. He said a cost sharing arrangement is possible and this
19 would be based on the population and the distribution of this is outlined on page 3 of the
20 abstract. He said that the manager recommends that the Board consider both options of the
21 distribution and provide directions to the staff for distribution options for 2013-14.
22 Commissioner Rich said this is nerve wracking for Chapel Hill Town Council, not
23 knowing what Orange County will do until April. She has requested that this discussion be done
24 earlier. She said this would be difficult for a town which is in the midst of budget and she
25 recommended no change for this year. She asked if the Board can consider these options
26 every other year instead of every year. She said this would give the towns a heads up instead
27 of changing it in April and leaving the towns to scramble in finding money for budgets.
28 Frank Clifton said the option is available for consideration every year, but the Board
29 does not have to consider it or change it. He said the only complication is the state giving the
30 final breakdown and not releasing it until April. He said the decision could be made using the
31 breakdown from the prior year if desired and those numbers don't change a tremendous
32 amount.
33 Clarence Grier said the certified numbers were just received from the state last week.
34 Commissioner Rich said this process is still very uncomfortable for the towns and she
35 suggested that a more user friendly conversation be set up with the towns prior to consideration
36 of this item by the County.
37 Chair Jacobs said the flip side is that the Board could make the decision earlier in the
38 year about changing the process and address the angst and the equity issues. He said that
39 there is no need to wait for the official numbers.
40 Frank Clifton said entities with an agreement have an assimilation of the two options.
41 He said that, you cannot take away the authority of future elected boards.
42 Commissioner McKee said his concern with an action of long term agreement for no
43 change would take away the power of future boards. He said that, considering the political
44 realities in Orange County, he understands the anxiety, but he feels it is misplaced. He does
45 not feel that this ratio will be changed.
46 Commissioner Rich said she has sat in a meeting with a former Commissioner who
47 threatened to make this change because of a discussion that was going on. She said that the
48 perception is there of this being a threat.
49 Commissioner Dorosin referred to the abstract on page three, regarding cost sharing
50 agreements, and said there are negotiated agreements between towns and County to find
27
1 some middle ground between the two options. He said he would not support any long term
2 agreement and he would not support any ad valorem option that gives money to the Chapel Hill
3 School District and not to the Orange County School District. This would mean that people
4 outside of the Chapel Hill School District would be subsidizing that district.
5
6 A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to
7 keep the Sales Tax Distribution Method for Fiscal Year 2013/2014 the same as it has been,
8 according to population.
9
10 VOTE: UNANIMOUS
11
12 8. Reports
13
14 NONE
15
16 9. County Manager's Report
17
18 NONE
19
20 10. County Attorney's Report
21 NONE
22
23 11. Appointments
24
a25 a. Animal Services Advisory Board —Appointment
26 The Board considered making an appointment to the Animal Services Advisory Board.
27 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
28 appoint Warren Porter to a first full term on the Animal Services Advisory Board, in the position
29 of a Non- Municipality, with a term ending on June 30, 2015.
30
31 VOTE: UNANIMOUS
32
33
34). b. Chapel Hill/Orange County Visitors Bureau —Appointments
35 The Board considered making appointments to the Chapel Hill/Orange County Visitor's
36 Bureau.
37
38 A motion was made by Commissioner McKee, seconded by Commissioner Price to
39 appoint
40
41 • Appointment to a first term for Mr. Gene Pease. If appointed, Mr. Pease will be serving
42 a first term ending 12/31/2015 representing the Town of Chapel Hill.
43 • Appointment to a second term for Ms. Laura Hayes Morgan. If appointed, Ms. Morgan
44 will be serving a second full term ending 12/31/2015 representing UNC.
45 • Appointment to a second term for Mr. Anthony Carey. If appointed, Mr. Carey will be
46 serving a second full term ending 12/31/2015 representing the Orange County Lodging
47 Association.
48 • Appointment to a first term for Mr. Jack Schmidt. If appointed, Mr. Schmidt will be
49 serving a first full term ending 12/31/2015 representing the Orange County Lodging
50 Association.
28
1 • Appointment to a first term for Mr. Gordon Jameson. If appointed, Mr. Jameson will be
2 serving a partial first term ending 12/31/2014 as liaison of the Orange County Arts Commission.
3 • Appointment to a first term for Ms. Annette Stone. If appointed, Ms. Stone will be
4 serving a first full term ending 06/30/2014 representing Town of Carrboro Economic
5 Development Staff. (Ex-officio)
6 • Appointment to a first term for Ms. Meg McGurk. If appointed, Ms. McGurk will be
7 serving a first full term ending 06/30/2014 representing the Chapel Hill Downtown Partnership.
8 (Ex-officio)
9 • Appointment to a first term for Mr. Lee Pavao. If appointed, Mr. Pavao will be serving a
10 first partial term ending 12/31/2015 as an at-large representative.
11
12 Commissioner Dorosin said there are no persons of color on this board and that the
13 Commissioners needed to ask Laurie Paolicelli to commit to reaching out to increase racial and
14 ethnic diversity on the Visitor's Bureau board.
15 Chair Jacobs agreed and said this request should be made to the Visitor's Bureau and
16 its partner entities.
17
18 VOTE: UNANIMOUS
19
2t. c. Orange County Alcoholic Beverage Control (ABC) Board —Appointment
21 The Board considered making an appointment to the Orange County Alcoholic
22 Beverage Control (ABC) Board.
23
24 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to
25 appoint Lisa Stuckey to the Orange County Alcoholic Beverage Control (ABC) Board, for a
26 second term ending June 30, 2016.
27
28 VOTE: UNANIMOUS
29
3 d. d. Orange County Arts Commission —Appointment
31 The Board considered making an appointment to the Orange County Arts Commission.
32
33 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
34 appoint Ashley Nisster to a partial term to an At-large position on the Orange County Arts
35 Commission, with a term ending, March 31, 2014.
36
37 VOTE: UNANIMOUS
38
39 12. Board Comments
40
41 Commissioner Dorosin - none
42 Commissioner Rich said there had been a Rogers Road meeting and the meeting was a
43 little testy at the end but things are starting to move forward. She said that the water and sewer
44 district establishment is under consideration. She encouraged the Board to review the agenda
45 packet from the meeting to become familiar with this before it comes up. She said that
46 Commissioner Pelissier, Chair Jacobs and she attended Chamber's meeting and tried to set
47 people's mind at ease on perceived issues.
48 Commissioner Pelissier said her experience at the Chamber was different. She said the
49 major themes she heard discussed were economic development, the role of incentives, and
50 how to address the urban/rural divide. She mentioned an editorial in the Chapel Hill News on
29
1 county policy and reviewed its background as a student project. She said she had attended a
2 presentation on this and she would like to follow up on this to see what might be learned.
3 Commissioner McKee said he also feels this article deserves some future discussion.
4 Commissioner Price said her take on the Rogers Road Task force meeting was that
5 people are feeling confident about change coming to that area.
6 Commissioner Gordon represented Board of County Commissioners at the dedication of
7 the new Chapel Hill public library and she said it is a beautiful facility. She encouraged the
8 Board to take a look at it.
9 Chair Jacobs referred to a press release on Earth Evening, scheduled for April 26th at
10 the farmers market in Hillsborough. He said he also read the editorial and he wrote a rebuttal.
11 He feels that statistics were manipulated to create a false impression of Orange County.
12 Chair Jacobs said that an expedited process had been developed to address issues in
13 the legislature. He said that there had been a meeting with the Social Services board regarding
14 drug testing. He said that Commissioner McKee raised an objection and there was no clear
15 way to proceed. He said that an email had been received asking for the Board's input on this
16 issue. He said there is a problem with the system and this will need to be addressed.
17
18 13. Information Items
19
20 April 9, 2013 BOCC Meeting Follow-up Actions List
21. Tax Collector's Report— Numerical Analysis
22 Tax Collector's Report— Measure of Enforced Collections
23
24 14. Closed Session
25 None
26
27 15. Adjournment
28
29 Commissioner McKee said he wanted to add an additional comment. He invited the
30 Board and citizens in District 2 to join him and Commissioner Price for a listening session on
31 Sunday, April 28th at the Exchange Club in Hillsborough. Other attendees will be Representative
32 Foushee, Representative Insko and Senator Ellie Kinnaird.
33
34 A motion was made by Commissioner Rich seconded by Commissioner McKee to
35 adjourn the meeting at 10:49 pm.
36
37 VOTE: UNANIMOUS
38
39
40 Barry Jacobs, Chair
41
42
43 Donna S. Baker
44 Clerk to the Board
45
1
1 DRAFT Attachment 4
2 MINUTES
3 BOARD OF COMMISSIONERS
4 REGULAR MEETING
5 May7, 2013
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in regular session on May 7, 2013 at
9 7:00 p.m. at the DSS offices, in Hillsborough, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
12 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
13 COUNTY COMMISSIONERS ABSENT:
14 COUNTY ATTORNEYS PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
16 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members
17 will be identified appropriately below)
18
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Additions or Changes to the Agenda
23 The Chair went through the items at the County Commissioners' places:
24
25 - Pink sheet— revision to 4g - Resolution in Support of Smart Start and NC Pre K
26 - White sheet - General Assembly Legislation - 2 amendments —4-g Resolution in
27 Support of Smart Start and NC Pre K
28 - Lime green sheet -from Orange County Peace Coalition ( matters not on the printed
29 agenda)
30 - White sheet - Letter for Item 7a - Whitted 2nd Floor "A" Building Permanent Board
31 Meeting Facilities
32 - White sheet - Orange County Cultural Center—Business Plan - 7a -Whitted 2nd Floor
33 "A" Building Permanent Board Meeting Facilities
34 - Item 6a- is deferred - Proposed 2012-2013 Secondary Road (SR) Construction
35 Program for Orange County
36
37 PUBLIC CHARGE
38 The Chair dispensed with the reading of the public charge.
39
40 2. Public Comments
41 a. Matters not on the Printed Agenda
42 Hank Elkins, referring to the green handout sheet, spoke on behalf of the Orange
43 County Peace Coalition. He said $480 million of taxpayer money has gone to Afghanistan and
44 Iraq, which is $3500 for every person in the county. He said jobs have been created over there
45 but questioned how many jobs have been created in Orange County. He compared the dollars
46 invested in education versus the amount spent on military funding and said twice as many
47 education jobs could have been created. He said the Orange County Board of Commissioners
48 knows what Orange County needs — money for education; affordable housing; health; and
49 entities that are investments in real security.
2
1 He said Congress has been funding some programs the Pentagon does not want and
2 some programs can be cut without sacrificing security, which will save over$10 billion per year.
3 He said it may be better to ask the military to serve 25 years instead of 20 years in order to get
4 pensions, which will save millions. He said resolutions have been made in several other cities
5 and he hopes the Board of County Commissioners would support cutting military spending.
6 Margaret Cannel) brought good tidings from the Hillsborough Chamber of Commerce for
7 the upcoming Hogg Day on May 16th She gave some Hogg Day facts and gave the
8 Commissioners some Hogg Day souvenirs. She recognized David Hunt as Hogg Day Emeritus
9 and said the Chamber has also received great support from Solid Waste, EMS, the Health
10 Department, the Sheriff's Department, and the Visitor's Bureau. She said that there will be food
11 trucks at the event this year and she hoped to see everyone there.
12 Don O'Leary said he would like to talk about recyclable trash. He said that it seems that
13 there is an idea to force everyone in the County to pay for recycling pick up. He said that those
14 who live in rural communities take their own recycling to the dump. He said that forcing the
15 entire county to pay a tax that then pays a third party is leaning toward fascism. He said that
16 only people who want the service and will use the service should have to pay for it.
17
18 b. Matters on the Printed Agenda
19 (These matters will be considered when the Board addresses that item on the agenda
20 below.)
21
22 3. Petitions by Board Members
23 Commissioner Dorosin said there was a discussion at the recent BOCC retreat about
24 the possiblity of having a county fair, and staff was to do preliminary investigation on how to
25 move this process forward. He said he would like a status report.
26 Chair Jacobs said the three Commissioners on the retreat planning committee would be
27 meeting tomorrow morning to review and discuss the proposed items, and one of those items
28 will be the county fair
29 Commissioner Pelissier said there is supposed to be a report in the near future for that
30 same item and she believes it is on the calendar.
31
32 4. Proclamations/ Resolutions/ Special Presentations
33
34 a. Local Historic Landmark Designation for Captain John S. Pope Farm
35 The Board considered adopting an ordinance to designate the Captain John S. Pope
36 Farm in Cedar Grove as an Orange County Local Historic Landmark and authorizing the Chair
37 to sign.
38 Peter Sandbeck presented, for a final step, the landmark designation ordinance for the
39 Pope Farm in Cedar Grove. He said this has gone through all of the enabling legislation, both
40 local and state. He said this is a voluntary process and it is up to the owner. He recognized the
41 younger John Pope. He said the farm has been well preserved and was listed on the national
42 register in April.
43 John Pope said he is honored by this designation and the family has worked hard to
44 preserve this home property.
45 Chair Jacobs said they appreciated him for working with Orange County on this process.
46 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
47 adopt an ordinance to designate the Captain John S. Pope Farm in Cedar Grove as an Orange
48 County Local Historic Landmark and authorize the Chair to sign.
49
50 VOTE: UNANIMOUS
3
1
2 b. Voluntary and Enhanced Agricultural District Designation — Multiple Farms —
3 Green, Ward, Pope, Walters
4 The Board considered applications from multiple landowners/farms to certify qualifying
5 Farmland, totaling 342.21 acres, within the Cedar Grove, Cane Creek-Buckhorn, High
6 Rock/Efland, and Caldwell Voluntary Agricultural Districts, and enroll the lands in the Orange
7 County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agriculture District
8 (EVAD) programs.
9
10 Gail Hughes introduced the following 4 new farms into the Voluntary and Enhanced
11 Agricultural Districts:
12
13 • Christine & Allan Green
14 Woodcrest Farm
15 Cane Creek/Buckhorn District
16
17 Raises livestock and produce/vegetable crops for sell at home store and local
18 farmer's markets
19 VAD =12.28 acres
20
21 • Randall & Susan Ward
22 Caldwell District
23
24 Raises grass/hay crop and managed woodland/forestry.
25 VAD = 156.8 acres
26
27 • Robert Pope Jr.
28 Cedar Grove District
29
30 Raises lambs for meat;
31 sells to restaurants and farmer's markets
32 EVAD = 75.39 acres
33
34 Local Historic Landmark Designation
35
36 • Elizabeth & Roland Walters
37 Walters Unlimited @Carts-Beth Farm
38 High Rock/Efland District
39
40 First Orange Co. farm to enter into the VAD program in 1992= 398.41 acres
41
42 Revision: 225.28 acres EVAD (3 parcels)
43 173.13 acres in VAD (1 parcels)
44
45 Raises beef, chickens, hogs, and produce/vegetable crops; sells at farm and
46 farmer's markets
47
48 Gail Hughes said that this is a request for approval from the Commissioners to accept
49 three farms into the program and to complete a revision of acres for one farm. She noted that
4
1 the current total acres in the programs equal 4,353 acres and, if approved, this will increase by
2 244.47, to a total of 4,597 acres.
3 Commissioner McKee commended the program participants and asked for a round of
4 applause.
5 Commissioner Dorosin asked Gail Hughes to give a little background on this program.
6 Gail Hughes said the Voluntary Agriculture Program is run through the North Carolina
7 Department of Agriculture and it is truly voluntary. She said the farmers and landowners are
8 committing to a desire to continue farming and once admitted to the program, these farmers
9 sign a conservation agreement. She said that this agreement states that the goal is to continue
10 farming. She said this is important for state economics. She said that the enhanced program
11 is more of a commitment as it is a ten year longevity commitment to conservation and
12 participation in the program.
13 Commissioner Gordon added her commendation to these farms that have participated
14 and committed to keep farming growing.
15 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
16 approve applications from multiple landowners/farms to certify qualifying Farmland, totaling
17 342.21 acres (VAD) and 300.67 acres (EVAD) within the Cedar Grove, Cane Creek-Buckhorn,
18 High Rock/Efland, and Caldwell Voluntary Agricultural Districts, and enroll the lands in the
19 Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agriculture
20 District (EVAD) programs.
21
22 VOTE: UNANIMOUS
23
24 c. Proclamation Recoqnizinq Oranqe Hiqh School's Wrestlinq Championship
25 The Board considered a proclamation recognizing Orange High School's Wrestling
26 Team winning the 2013 North Carolina High School Athletic Association's 3A State
27 Championship and authorizing the Chair to sign.
28 Chair Jacobs introduced Bobby Shriner, Wrestling Coach at Orange High School and
29 coach of the year. He also introduced the wrestling team as state champions.
30 Bobby Shriner said the award is appreciated. This is his 24th year as coach and he said
31 the team has been blessed by God to have great kids and great coaches. He said Coach
32 Poteat has been with the program for 16 years and he recognized several of the wrestlers and
33 their accomplishments.
34
35 Commissioner Rich read the proclamation:
36
37 ORANGE COUNTY BOARD OF COMMISSIONERS
38 PROCLAMATION OF RECOGNITION ON
39 ORANGE HIGH SCHOOL'S WRESTLING TEAM WINNING THE
40 2013 NCHSAA 3A STATE CHAMPIONSHIP
41
42
43 WHEREAS, on March 1 and 2, 2013, Orange High School's Wrestling Team captured the North
44 Carolina High School Athletic Association's (NCHSAA) 3A State Championship;
45 and
46 WHEREAS, under the guidance of Head Coach Bobby Shriner, Orange High School's
47 Wrestling Team earned its sixth state title in the past eight years; and
48 WHEREAS, six of the ten participating Orange High wrestlers made it to the semifinals, and
49 four advanced to the finals; and
5
1 WHEREAS, Coach Bobby Shriner was named North Carolina Mat News Coach of the Year and
2 the National Wrestling Coaches Association's North Carolina Coach of the Year,
3 and reached and passed his 500th career dual team victory; and
4 WHEREAS, through hard work, dedication, teamwork, and commitment, the Panthers have
5 brought honor upon themselves, Orange High School, the Orange County
6 Schools District and Orange County;
7 NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
8 expresses its sincere appreciation and respect for the Orange High School
9 Wrestling Team and Coach Bobby Shriner for the Panthers' outstanding
10 achievement, and their inspiration to youth across North Carolina through their
11 dedication, teamwork, and athletic prowess.
12
13 This the seventh day of May, 2013.
14
15 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to
16 approve a proclamation recognizing Orange High School's Wrestling Team winning the 2013
17 North Carolina High School Athletic Association's 3A State Championship and authorize the
18 Chair to sign.
19
20 VOTE: UNANIMOUS
21
22 d. Older Americans Month Proclamation
23 The Board considered approving a proclamation joining Federal and State governments
24 in designating the month of May 2013 as Older Americans Month and a time to honor older
25 adults for their contributions to society and to Orange County and authorizing the Chair to sign.
26 Janice Tyler, Director on Aging, gave some background on older Americans. She said
27 this honor was first established under President Kennedy in 1963. She said that a person turns
28 65 every 8 seconds in the US. She reviewed some department initiatives and programs. She
29 said that the purpose of tonight is to honor older Americans.
30 -
31 ORANGE COUNTY BOARD OF COMMISSIONERS
32 Proclamation
33 Older Americans Month — May 2013
34
35 WHEREAS, Orange County is a community that includes over 20,000 persons aged 60 and
36 older; and
37
38 WHEREAS, Orange County is committed to valuing all individuals and recognizing their
39 ongoing life achievements; and
40
41 WHEREAS, the older adults in Orange County play an important role by continuing to
42 contribute experience, knowledge, wisdom, and accomplishments; and
43
44 WHEREAS, our older adults are active community members involved in volunteering,
45 mentorship, arts and culture, and civic engagement; and
46
47 WHEREAS, recognizing the successes of community elders encourages their ongoing
48 participation and further accomplishments; and
49
6
1 WHEREAS, our community can provide opportunities to allow older adults to continue to
2 flourish by:
3 m Emphasizing the importance of elders and their leadership by publicly recognizing their
4 continued achievements
5 m Presenting opportunities for older Americans to share their wisdom, experience, and
6 skills
7 m Recognizing older adults as a valuable assein strengthening our community;
8
9 NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
10 May 2013 to be Older Americans Month and urge all residents to take time this month to
11 recognize older adults and the people who serve and support them as powerful and vital
12 individuals who greatly contribute to the community.
13
14 This the 7th day of May, 2013.
15
16 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
17 approve a proclamation joining Federal and State governments in designating the month of May
18 2013 as Older Americans Month and a time to honor older adults for their contributions to
19 society and to Orange County and authorize the Chair to sign.
20
21 VOTE: UNANIMOUS
22
23
24 e. National Travel and Tourism Week Proclamation
25 The Board considered proclaiming the week of May 4-12, 2013 as National Travel and
26 Tourism Week in Orange County and authorizing the Chair to sign.
27 Laurie Paocielli said that the Visitors Bureau was started 20 years ago and the
28 Commissioners have been at the forefront of fueling an industry that, last year, generated $157
29 million in Orange County. She is grateful to be part of the Economic Development
30 Department. She said that the Arts Commission was put with the Visitors Bureau two years
31 ago. She said that last year this partnership grew 1700 new jobs. She said that there is
32 growing interest in farms and there is continued growth. She outlined a few initiatives and
33 thanked the Board for the proclamation.
34
35 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
36 NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION
37 May 4-12, 2013
38 WHEREAS, the travel and tourism industry in Orange County is vital to our economic stability
39 and growth, and the industry contributes substantially to our culture and quality of life; and
40
41 WHEREAS, travel and tourism to Orange County, brings more than two million annual visitors
42 to our communities —families and business travelers who frequent our galleries, performing arts
43 halls, farms and Farmers' Markets; festivals, parades and sporting venues; and
44
45 WHEREAS, overall travel to Orange County provides significant economic benefits to our
46 tourism industry including hotels, restaurants, attractions, shopping and retail establishments,
47 transportation operators, and others; and
48
7
1 WHEREAS, tourism is a growth industry in Orange County generating $156.82 million in
2 expenditures in 2011 — an increase of 8.8 percent over the previous year's figures — ranking
3 Orange County 24th in travel impact among North Carolina's 100 counties according to the U.S.
4 Travel Association; and
5
6 WHEREAS, tourism provides high-quality experiences for visitors, strengthens Orange County
7 communities and develops tourism-related livelihoods; and
8
9 WHEREAS, state and local tax revenues from travel to Orange County amounted to $11.64
10 million in 2011, representing an $86 tax saving to each County resident; and
11
12 WHEREAS, more than 1,650 jobs in Orange County were directly attributable to travel and
13 tourism in 2011; and
14
15 WHEREAS, travel generated a $28.72 million payroll in Orange County in 2011; and
16
17 WHEREAS, our area attractions, welcome centers and tours hosted more than 2 million visitors
18 in 2012;
19
20 NOW THEREFORE, we, the Orange County Board of Commissioners, recognize the efforts of
21 the Orange County Visitors Bureau and do hereby proclaim May 4-12, 2013 as NATIONAL
22 TRAVEL AND TOURISM WEEK throughout Orange County, with the theme TRAVEL EFFECT
23 which proves that along with its economic benefits, travel and tourism have the power to
24 improve relationships and to create lasting family memories. Let's discover and appreciate
25 Orange County's great heritage, which illustrates the importance of tourism to our County.
26
27 This the 7th day of May, 2013.
28
29 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
30 approve proclaiming the week of May 4-12, 2013 as National Travel and Tourism Week in
31 Orange County and authorize the Chair to sign.
32
33 VOTE: UNANIMOUS
34
35
36 f. National Historic Preservation Month
37 The Board considered proclaiming May 2013 as National Historic Preservation Month in
38 Orange County.
39 Todd Dickinson, Chair of the Historic Preservation Commission, in recognition of this
40 month, asked the Board of County Commissioners to recognize this month. He read the
41 proclamation:
42
43 ORANGE COUNTY BOARD OF COMMISSIONERS
44 NATIONAL HISTORIC PRESERVATION MONTH
45 PROCLAMATION
46
47 WHEREAS, Orange County can be proud of its long history of recognizing and protecting its
48 rich historic and archaeological resources through the dedicated efforts of individuals, non-profit
49 groups, local governments and County government; and
50
8
1 WHEREAS, Orange County continues to pursue partnership opportunities to preserve these
2 important and often irreplaceable resources, to seek new and innovative ways to make local
3 history engaging to the public, and to encourage others to do the same; and
4
5 WHEREAS, historic preservation is an effective tool for managing growth, revitalizing
6 neighborhoods, fostering local pride and maintaining community character while enhancing
7 livability; and
8
9 WHEREAS, historic preservation is relevant for communities across the nation, both urban and
10 rural, and for Americans of all ages, all walks of life and all ethnic and cultural backgrounds;
11 and
12
13 WHEREAS, Orange County has demonstrated its commitment to historic preservation by using
14 the restored Alexander Dickson House in Hillsborough as a visitor center, conserving historic
15 farmsteads at future County parks, preserving the historic Old County Courthouse, and
16 designating important properties with historic and architectural significance as local landmarks;
17 and
18
19 WHEREAS, "See! Save! Celebrate!" is the theme for National Historic Preservation Month
20 2013, cosponsored by the Alliance for Historic Hillsborough, Preservation Chapel Hill, the
21 Orange County Historic Preservation Commission and the National Trust for Historic
22 Preservation;
23
24 NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim May
25 2013 as National Historic Preservation Month and call upon the people of Orange County to join
26 their fellow residents across the United States in recognizing and participating in this special
27 observance.
28
29 This the 7th day of May, 2013.
30
31 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
32 approve a proclamation proclaiming May 2013 as National Historic Preservation Month in
33 Orange County.
34
35 VOTE: UNANIMOUS
36
37 g_ Resolution in Support of Smart Start and NC Pre K
38 The Board considered a Resolution In Support of Smart Start and NC Pre K and
39 authorizing the Chair to sign.
40 Chair Jacobs referenced the pink version with two legislative amendments and asked
41 for clarification on this.
42 Margaret Samuels, Executive Director, Partnership for Children, thanked the
43 Commissioners for this resolution and the support. She said that there are only 2,000 days
44 from when a child is born until they start Kindergarten and the support of the community makes
45 these days invaluable.
46 She said there were updates on funding included in the packet. She said there is not a
47 Senate or House budget so it is difficult to make projections. She said that House Bill 935
48 passed the House today with two amendments. She said the first amendment in the packet
49 was to move from poverty level for children from 100% to 130%. She said the other
50 amendment is to delay the bill until July 1, 2014.
9
1 She recognized former and present board members.
2 She said Orange County has the best early childcare in N.C. and this is because of the
3 support of the community and elected officials.
4 She read the revised resolution:
5
6 ORANGE COUNTY BOARD OF COMMISSIONERS
7 RES-2013-034
8 ORANGE COUNTY BOARD OF COMMISSIONERS
9 Resolution In Support of Smart Start and NC Pre K
10
11 WHEREAS, Orange County needs the most skilled employees now and in the future; and
12
13 WHEREAS, communities that develop and retain skilled employees excel and spend less tax
14 money on expensive remedial programs; and
15
16 WHEREAS, public policies must support the development of the next generation of workers so
17 that they can continue to innovate and lead; and
18
19 WHEREAS, high quality early care, education and services support the early development and
20 learning of young children, and make possible the development of a strong future workforce for
21 our community and businesses; and
22
23 WHEREAS, research shows that children who enter kindergarten healthy and ready to succeed
24 grow to be job-ready workers who help businesses prosper and good residents who help
25 communities thrive; and
26
27 WHEREAS, Smart Start and NC Pre K help create a beneficial workforce, productivity and
28 quality of life conditions in our state by reducing the achievement gap for at-risk and
29 underprivileged children, producing better outcomes in education, health, personal productivity
30 and economic vitality; and
31
32 WHEREAS, Smart Start and NC Pre K contribute to the local economy of Orange County by
33 supporting small businesses, creating jobs and allowing parents to work; and
34
35 WHEREAS, Orange County supports strong education at all levels from preschool through
36 higher education;
37
38 NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners,
39 strongly recommend the North Carolina General Assembly support current eligibility criteria and
40 the current levels of funding, and consider increasing funding, for Smart Start and NC Pre K in
41 the FY 2013-2014 budget and future budget years.
42
43 This the 7th day of May, 2013.
44
45 A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to
46 approve a Resolution In Support of Smart Start and NC Pre K and authorize the Chair to sign.
47
48 Commissioner Dorosin said he appreciated this resolution coming forward. He said
49 this is more of the legislature's war on education. He said every child in N.C. has a
50 constitutional right to a sound education and this particularly applies to those students who are
10
1 at risk. He said that the state came forward in response, with this pre-K program. He said that
2 the state then began to re-define who is at risk and began to exclude many students. He said
3 that this program used to be the envy of many. Studies found that the pre-K program
4 eliminated gaps. He said that he appreciates this issue being addressed.
5 Commissioner McKee noted that he appreciated the wording change regarding
6 eligibility criteria.
7
8 VOTE: UNANIMOUS
9
10 5. Consent Agenda
11 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
12 approve the items on the consent agenda.
13
14 VOTE: UNANIMOUS
15
16 a. Minutes
17 The Board approved the minutes from March 12, 21 and April 4, 2013 as submitted by the Clerk
18 to the Board.
19 b. Motor Vehicle Property Tax Releases/Refunds
20 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
21 property tax values for twenty-three (23) taxpayers with a total of twenty-six (26) bills that will
22 result in a reduction of revenue, in accordance with NCGS.
23 c. Property Tax Releases/Refunds
24 The Board adopted of a resolution, which is incorporated by reference, to release property tax
25 values for four (4) taxpayers with a total of nine (9) bills that will result in a reduction of revenue,
26 in accordance with North Carolina General Statute 105-381.
27 d. Re-appointment of Four (4) Deputy Tax Collectors
28 The Board re-appointed Valerie Curry, Bernice Gwynn, Linda Jaubert, and Bobbie Underwood
29 as Deputy Tax Collectors for two-year terms effective July 1, 2013.
30 e. Consolidated Housing Plan Annual Action Plan/HOME Program
31 The Board:
32 1) Adopted a Resolution, which is incorporated by reference, approving the FY 2013-
33 2014 Consolidated Housing Plan Annual Action Plan and authorize the Chair to sign;
34 2) Adopted a Resolution, which is incorporated by reference, approving the proposed
35 HOME Program Activities for 2013-2014 and authorize the Chair to sign; and
36 3) Authorized the Manager to implement the HOME Program as approved by the BOCC
37 including the ability to execute agreements with partnering non-profit organizations after
38 consultation with the County Attorney.
39 f. Community Home Trust Request— Homebuyer Requirements
40 The Board approved a request from the Community Home Trust (CHT) to modify the
41 homebuyer requirements for properties sold by the organization using federal, state, and local
42 housing program funding, including the Affordable Housing Bond Program and the HOME
43 Investment Partnership Program.
44 g Legal Advertisement for Quarterly Public Hearing — May 28, 2013
45 The Board approved the legal advertisement for items to be presented at the joint Board of
46 County Commissioners/Planning Board Quarterly Public Hearing scheduled for May 28, 2013.
47 h. Amendment Outline and Schedule for Upcoming Item — Eno Economic Development
48 District Access Management Plan
11
1 The Board authorized staff to proceed with steps for the development and adoption of the Eno
2 Economic Development District (EDD)Access Management Plan according to the schedule
3 proposed in the Amendment outline.
4 i. Requests for Road Additions to the State Maintained Secondary Road System
5 The Board approved a recommendation to the North Carolina Department of Transportation
6 (NCDOT) concerning a petition to add a subdivision road in Willowbend Subdivision
7 (Willowbend Lane) to the State Maintained Secondary Road System.
8 L Approval of Sewer Easement for Gravelly Hill Middle School
9 The Board authorized the Chair of the Board of County Commissioners to sign easement
10 documents for sewer utility and access for the Orange County Gravelly Hill Middle School.
11 k. Approval of Contract with Holcomb and Cabe, L.L.P. to Provide Legal Services to the
12 Department of Social Services
13 The Board approved a contract for FY 2013-2014 legal representation for the Department of
14 Social Services and authorized the Manager to sign.
15 I. Renewal of Contract for Social Work Services Between Orange County Schools and
16 Orange County Department of Social Services
17 The Board approved renewal of the contract between the Orange County Schools and the
18 Orange County Department of Social Services for the provision of eight Department of Social
19 Services positions and related supervision to provide social work and case management
20 services in the schools and authorized the Manager to sign.
21 m. Renewal of Contracts with In-Home Aide Providers to Provide In-Home Aide Services
22 to Eligible Adults
23 The Board approved continuing the contracts to provide In-Home Aide Services with Arcadia
24 Health Services, Inc., Premier Home Health Care Services, Inc., Personalized Patient Home
25 Assistance, Inc., CNC Access, Inc., Flaircare, Inc., and TAMM, L.L.C. for eligible adults using a
26 joint contract between the Department of Social Services and the Department on Aging and the
27 Contractor and authorized the Manager to sign.
28
29
30 6. Public Hearings
31
32 b. Proposed 2012-2013 Secondary Road (SR) Construction Program for Orange
33 County
34 The Board will hold a public hearing to receive public comments and discuss and concur
35 with the North Carolina Department of Transportation's Proposed 2012-2013 Secondary Roads
36 Construction Program for Orange County.
37 DEFERRED
38
39 c. Orange County CDBG Program — FY 2010 Scattered Site Housing
40 Rehabilitation Program Amendment
41 The Board received public comments regarding a proposed amendment to the County's
42 FY 2010 Housing Rehabilitation Community Development Block Grant (CDBG)for the
43 Scattered Site Housing Rehabilitation Program and the Economic Recovery CDBG Program
44 and considered approving a resolution authorizing submission of the formal amendment
45 document and authorized the Chair to sign.
46
47 Tara Fikes said the County received $400,000 in grant funds for the Scattered Site
48 Housing Program and $500,000 for the Economic Recovery Community Development Program
49 in 2011. She said that the proposal tonight is to move one house from the Scattered Site
50 Program to the Economic Recovery Program. She said there is also a proposal, for the
12
1 Economic Recovery Program, to remove the initial plan of demolishing and re-constructing the
2 house, and to add two new units.
3 Commissioner Dorosin asked for an explanation of how home houses are selected for
4 these programs.
5 Tara Fikes said interested homeowners are placed on a waiting list and the
6 requirements are considered in matching housing needs with program eligibility requirements.
7 She said that every few years, there is a call issued to the community to determine who is
8 served.
9 Commissioner Dorosin asked how many are on the list, and Tara Fikes said about 15
10 homeowners are on the list.
11 Commissioner Dorosin said he would like to see a map showing where these homes are
12 located. He asked if the homes are owner occupied.
13 Tara Fikes said all of the homes are owner occupied.
14
15 A motion was made by Commissioner Rich, seconded by Commissioner McKee to
16 receive public comments regarding a proposed amendment to the County's FY2010 Housing
17 Rehabilitation Community Development Block Grant (CDBG) for the Scattered Site Housing
18 Rehabilitation Program and the Economic Recovery CDBG Program and consider approving a
19 resolution authorizing submission of the formal amendment document and authorize the Chair
20 to sign.
21
22 VOTE: UNANIMOUS
23
24 d. Public Hearinq on the Financinq for Various Capital Investment Plan Projects
25 and County Equipment
26 The Board conducted a public hearing on the issuance of approximately $10,000,000 to
27 finance capital investment projects and equipment for the year, and consideration of a related
28 resolution supporting the County's application to the Local Government Commission for its
29 approval of the financing arrangements.
30 Clarence Grier reviewed the purpose of this hearing. He said that if this resolution is
31 adopted, this will be brought back with the final financing June 4. He said the anticipated debt
32 service, at its height (2015-2018), to be $723,000.
33 Commissioner Rich asked for clarification on vehicle replacements and what this entails.
34 Clarence Grier said this is for county cars, sheriff vehicles and all vehicles outside of
35 Solid waste. There are approximately 35 cars.
36 Commissioner Rich asked if the vehicles being purchased are hybrids.
37 Clarence Grier said most of the vehicles are Prius.
38 Chair Jacobs suggested that Clarence Grier share with the Board, the planned vehicle
39 types for future agenda items.
40 Commissioner Gordon referred to the community geothermal well projects and said that
41 later in May there will be a facility space needs report for county buildings. She has asked that
42 the wells not be sited in areas where buildings may be built in the future. She said that she
43 would like the opportunity for the Commissioners to weigh in prior to siting decisions being
44 made. This would allow the planning to be mindful of where future county building footprints will
45 be.
46 Frank Clifton said the best time to discuss this would be during Board discussions of a
47 particular project. He said there is a plan laid out and Jeff Thompson will present this to the
48 board. He said there are a lot of wells and piping to be done. He said this will likely come
49 before the Board soon.
13
1 Commissioner Gordon said that she understood that the facility space needs report
2 would be coming in May. She wants to make sure that work has not already been done.
3 Chair Jacobs said when Commissioner Gordon brought this up previously; Jeff
4 Thompson said that there would be no work done on the geothermal wells before the end of the
5 fiscal year. He said there would be time to discuss the siting in more detail.
6 Commissioner Gordon said she said she would be comfortable if the Board agreed by
7 consensus that they agree on this process to review wells before siting.
8
9 RES-2013-040
10 Resolution Supporting an Application to the Local Government Commission for
11 its Approval of a Financing Agreement for the County
12
13 WHEREAS,
14 The Board of Commissioners has previously determined to carry out the acquisition and
15 construction of various public improvements, as identified in the County's capital improvement
16 plan.
17
18 The Board desires to finance the costs of these projects by the use of an installment
19 financing, as authorized under Section 160A-20 of the North Carolina General Statutes.
20
21 Under the guidelines of the North Carolina Local Government Commission, the Board
22 must make certain findings of fact to support the County's application for the LGC's approval of
23 the County's proposed financing arrangements.
24
25 THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange
26 County, North Carolina, that the County makes a preliminary determination to finance
27 approximately $10,000,000 to pay capital costs of various public improvements. The proposed
28 list of projects and improvements to be financed appears on Exhibit A.
29
30 The Board will determine the final amount to be financed by a later resolution. The final
31 amount financed may be slightly lower or slightly higher than $10,000,000. Some of the
32 financing proceeds may provide reimbursement to the County for prior expenditures on project
33 costs, and some proceeds may be used to pay financing costs.
34
35 BE IT FURTHER RESOLVED that the Board of Commissioners makes the
36 following findings of fact:
37
38 (a) The proposed projects are necessary and appropriate for the County under all
39 the circumstances.
40
41 (b) The proposed installment financing is preferable to a bond issue for the same
42 purposes.
43
44 The County has no meaningful ability to issue non-voted general obligation bonds for
45 this project. These projects will not produce sufficient revenues to support a self-liquidating
46 financing. The County has in the past issued substantial amounts of voter-approved bonds, and
47 it is appropriate for the County to balance its capital finance program between bonds and
48 installment financing.
49
14
1 The County expects that in the current interest rate environment for municipal securities
2 there would be no material difference in interest rates between general obligation bonds and
3 installment financings for these projects.
4
5 (c) The estimated sums to fall due under the proposed financing contract are
6 adequate and not excessive for the proposed purpose. The County will closely review proposed
7 financing rates against market rates with guidance from the LGC and its financial adviser. All
8 amounts financed will reflect either approved contracts, previous actual expenditures or
9 professional estimates.
10
11 (d) As confirmed by the County's Finance Officer, (i) the County's debt management
12 procedures and policies are sound and in compliance with law, and (ii) the County is not in
13 default under any of its debt service obligations.
14
15 (e) The County estimates that the maximum tax rate impact of paying debt service
16 on the financing will be the equivalent of up to approximately 0.04 cents per $100 of valuation.
17 Given this low amount and based on the estimated interest rates to be payable and the
18 proposed financing term, the County expects to be able to repay the financing within current
19 resources, and no actual tax rate increase related to this financing will be necessary.
20
21 (f) The County Attorney is of the opinion that the proposed project is authorized by
22 law and is a purpose for which public funds of the County may be expended pursuant to the
23 Constitution and laws of North Carolina.
24
25 BE IT FURTHER RESOLVED as follows:
26
27 (a) The County intends that the adoption of this resolution will be a declaration of the
28 County's official intent to reimburse project expenditures from financing proceeds. The County
29 intends that funds that have been advanced for project costs, or which may be so advanced,
30 from the County's general fund, or any other County fund, may be reimbursed from the
31 financing proceeds.
32
33 (b) This resolution takes effect immediately.
34
35
15
1
2 Exhibit A— proposed projects
Project Estimated Amount Description
Southern HSC (Future Expansion Master Plan and
Planning) $300,000 Preliminary Design Work and Planning
HVAC Projects $1,553,201 Community Geothermal Projects
Jail, Justice Facility, Asset
Roofing Projects Management Services, North
$165,000 Administrative Building
Library Management System Software
Information Technology $702,500 (ILS), Equipment, BOCC initiatives
Whitted Building $295,000 Preliminary Design Work
Additional Channels for Existing
Towers to increase the Viper System
VIPER Radio System $543,750 capacity
Communications System
Improvements $164,000 Purchase of additional Viper Radios
Twin Creeks Park - Phase II $600,000 Construction of a main entry road
To place Water and Sewer
infrastructure in the Buckhorn -
Mebane Economic Development
Buckhorn EDD Phase 2 $4,256,046 District
Southern Human Services
Center $280,000 Health Clinic and DSS Renovations
Desktop, Laptop and Server
Information Technology $500,000 Replacements
Vehicle Replacements $640,503 Vehicle Purchases
4
5
6 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
7 receive public comments, close the public hearing, and adopt the Resolution Supporting an
8 Application to the Local Government Commission for its Approval of a Financing Agreement for
9 the County.
10
11 VOTE: UNANIMOUS
12
13 Chair Jacobs asked Jeff Thompson about Commissioner Gordon's concerns regarding
14 the geothermal well siting.
15 Jeff Thompson said a space study report will be presented at the May 21st meeting and
16 the bid award for the project will be in June.
17 Commissioner Gordon made a motion that no plans for geothermal wells be executed
18 until the Board of County Commissioners has reviewed the space study update and the
19 potential building footprints for county buildings.
16
1 Commissioner McKee seconded.
2
3 VOTE: UNANIMOUS
4
5
6 d. Review of Unified Development Ordinance Text Amendments — Modification
7 of Site Plan Submittal Requirements - Public Hearing Closure and Action (No
8 Additional Comments Accepted)
9 The Board received the Planning Board's recommendation, closed the public hearing,
10 and made a decision on Planning Director initiated text amendments to the Unified
11 Development Ordinance (UDO) in regards to the submission of formal, professionally prepared,
12 site plans.
13 Michael Harvey reviewed the background from the abstract. He said there are three
14 options to choose from, which are detailed on page 7 of the abstract. These options are as
15 follows:
16 - Option A: Leave as is, no change. (i.e. only properties in the University Lake
17 Watershed impacted).
18 - Option B: Amend section requiring all watershed overlay districts with a 6%
19 impervious surface limit be treated the same (i.e. professional site plan).
20 - Option C: Eliminate requirement all together and require professionally prepared site
21 plans only when stormwater thresholds are exceeded.
22
23 Michael Harvey said the Planning Board and Manager's recommendation to amend the
24 UDO, focusing on Option C. He said this does not alter the 6% impervious surface limit. He
25 said the recommendation is outlined on page 2.
26 Chair Jacobs noted that the ordinance is included as attachment 3 on page 14 of the
27 abstract.
28 Commissioner Rich said that she appreciates the inclusion of input from OWASA.
29 Commissioner Dorosin asked Michael Harvey to explain how the change in option 3
30 does not change the requirements for the particular watershed areas.
31 Michael Harvey said the only time a professionally prepared site plan is required for a
32 single family residential project is in the University Lake protected watershed area. This
33 amendment eliminates that specific requirement and bases it only on land disturbance. He said
34 the 6% impervious surface will not be altered and this will still apply to University Lake. He said
35 this will allow for single family residences to no longer need a professionally prepared site plan.
36 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
37 receive the Planning Board's recommendation, close the public hearing, and/or adopt the
38 ordinance contained in Attachment 3 which authorizes the text amendments to the Unified
39 Development Ordinance (UDO) in regards to the submission of formal, professionally prepared,
40 site plans.
41
42 VOTE: UNANIMOUS
43
44 7. Regular Agenda
45
46 a. Whitted 21. 1 Floor "A" Building Permanent Board Meeting Facilities
47 The Board considered:
48 1) Authorizing staff to move forward with the project of converting the Whitted 2nd Floor
49 "A" building into a permanent meeting facility for use by Orange County Government;
17
1 2) Affirming that the meeting space is to be shared with the Town of Hillsborough, the
2 Orange County Schools Board, and, potentially, the Orange County Cultural Center as
3 governed by a Board approved Operating Agreement;
4 3) Affirming that an Operating Agreement to be approved by the Board with the Orange
5 County Cultural Center, including usage scheduling procedures, rates, and
6 neighborhood interaction, will be presented to the Board at its September 5, 2013
7 regular meeting in conjunction with preparation of project construction documents (any
8 improvements associated with the needs of OCCC in utilizing the facility will not be
9 included without adequate funding commitment from the OCCC at the time of design);
10 and
11 4) Authorizing the Manager to sign an amendment to the existing Architectural
12 Professional Services Contract for Corley, Redfoot Architects totaling an amount of
13 $110,500 for the design, engineering, and construction administration of the permanent
14 meeting facility.
15
16 Chair Jacobs, noted that the Board is aware of the various concerns of citizens and
17 language has been added to the proposal to address these concerns. He asked people to bear
18 with the Board in going through the process.
19 Jeff Thompson reviewed the 4 board considerations listed above. He presented the
20 following PowerPoint slides:
21
22 Whitted Permanent Board Meeting Facilities
23 BOCC Regular Meeting
24 May 7, 2013
25
26 Intended Outcome:
27. Permanent Meeting Facility
28. Affirmation of Shared Use
29- Town of Hillsborough
30- Orange County Schools
31- OCCC Use
32. OCCC Operating Agreement Process
33. Designer Agreement Amendment
34
35 General Background:
36. Use discussions over past several months
37. Maximum capacities:
38- 286 persons on floor
39- 192 parking spaces required
40. Approved uses for facility
41. Concept Plan Discussions
42
43 Site Plan: (Map)
44
45 Concept A: (Blueprint)
46
47 Concept Plan A Included Features:
48 • Full Restroom Facilities for maximum floor capacity
49 • Site, parking improvements for 192 paved spaces
18
1 • Improved access
2 • Permanent Dais
3 • Audio-Visual System
4 • Acoustic Treatments
5 • Interior Finishes
6 • Adequate electrical, mechanical, installations
7 • Elevator improvements
8 • Security systems
9
10 Concept B: (blueprint)
11
12 Concept Plan B Additional Features:
13
14 • Funded by OCCC, dependent upon operating agreement
15 - Staging
16 - Special Seating
17 - Additional electrical, theatrical infrastructure
18 All other items contemplated in base upfit for permanent meeting room
19
20 Concept C: (blueprint)
21
22 Concept Plan C Additional Features:
23 • Interior Partitions and upfit for 20 individual offices and circulation areas
24
25 Financial Impact
26 • Schematic Budget:
27 - $1.2 million - $1.4 million- for Meeting Facility only
28 - Performance Center needs/costs would be addressed by Orange County Cultural
29 Center
30
31 Potential OCCC Shared Use Planning Guidelines
32 • Board adopted Facilities Use Policy is guiding document
33 • No leasing arrangements to potential users
34 • Operating Agreement framework contemplated for potential arrangement with Orange
35 County Cultural Center
36
37 Key Date Estimates:
38 • 5/7/13
39 - BOCC Action
40 - Schematic Design Release
41 • 6/18/13
42 - CIP Adoption
43 • 9/5/13
44 - Schematic Design Approval
45 - OCCC Operating Agreement Approval
46 - Release of Bid Document Prep
47 • 12/17/13
48 - Bid Award
49 • 6/3/14 — Grand Opening
19
1
2 Michael Talbert said that there are currently 219 spaces on site and this includes 22
3 street parking spaces.
4 He referred to the site plan and said that area 6, to the east of the facility, as well as
5 everything south of Tryon Street will be paved.
6 He reviewed the slide on Concept Plan A features and said there will be 138 removable
7 seats. He said that the elevator and security systems will be improved in all of the plans. He
8 said that this is for the Permanent Meeting Facility improvement at an estimated cost of $1.2-
9 $1.4 million.
10 He reviewed Concept B and said the only difference from Concept A is the additional
11 staging that, if approved, would be funded and provided for by OCCC as well as additional
12 seating. He said that any additional lighting or theater features would also be funded by
13 OCCC.
14 He reviewed Concept C and said that the only difference from Concept A is the
15 allotment of interior partitions for 20 offices and common areas. This cost is also between $1.2
16 and $1.4 million.
17 He reviewed the Shared Use Planning Guidelines and asked the Board to move forward
18 on the four decisions points. He said that the plan is to bring the schematic plan back before
19 the Board on September 5th for approval to move forward and get a competitive bid. He said
20 that the OCCC operating agreement will be brought forward at this same time.
21 He noted that the agreement is a separate layer and that the meeting room plans will be
22 moved forward with the Commissioners' blessing and the OCCC layer will be an addendum.
23 Chair Jacobs said there were two items he and Commissioner McKee asked to be
24 added:
25. 1. Meeting space to be shared with Town Of Hillsborough, OCS, and potentially the
26 OCCC or other non-profit entity with appropriate operating agreement; and
27. 2. Before an operating agreement is approved with OCCC, there would be significant
28 outreach to satisfy and address the concerns of the neighbors.
29 Commissioner Price asked what will be done with areas 3 and 5, as designated on the
30 Site Map.
31 Jeff Thompson said area 3 has been proposed as an area to open up and allow street
32 parking. He said area 5 is a soccer field and is untouched.
33 Commissioner Price asked how non-profits would work with the proposed operating
34 agreement.
35 Jeff Thompson said the Facility Use Policy that would be the underpinning of any
36 agreement and there is nothing in that document to prevent another non-profit from using the
37 facility.
38 Commissioner Price asked if there will be a first come first serve setup for other non-
39 profits who want to use it.
40 Jeff Thompson said the non-profits will sign up on website
41 Commissioner Price asked if there would be an inter-local agreement with the Town or
42 the school board.
43 Frank Clifton said this is something to be worked though. He said there have been
44 discussions, but no formal agreements made. He said he anticipates some arrangement on
45 cost of utilities and opening and shutting down the facility. He said that this would likely fall
46 back on the facility use policy and how this facility would fall within those parameters. He said
47 internal efforts are focused on trying to develop a way to manage this facility, and there are
48 some operational issues to address. He said OCCC would need to provide a calendar of
49 events.
20
1 Commissioner Dorosin asked about the intent of the space, on Option A, at the bottom
2 of the picture. He asked about the intended use of the 4 smaller rooms.
3 Ken Redfoot said one of these would be the Board of County Commissioners pre-
4 function area or conference room. He said the other three areas include a storage area; small
5 conference rooms; and an office area for security. He said these are the same in Concept A
6 and B.
7 Commissioner Dorosin asked if Concept C is the same as Concept A with this area re-
8 done.
9 Ken Redfoot said this is Concept A re-done. He said Concept C takes a partition across
10 the space and introduces more office areas, while making a permanent board room out of the
11 remaining space.
12 Commissioner Dorosin asked of the foyer area is in Concept A and C.
13 Ken Redfoot said the foyer is no longer in Concept C, but there is still a pre-function
14 area with straight access in to the room.
15 Commissioner Dorosin asked if the stage area in Concept B takes the place of the
16 permanent dais in Concept A
17 Ken Redfoot said the dais would be on top of the stage. He referred to the map and
18 designated the desk area for the Commissioners and the moveable seats beyond that. He said
19 these desks would be in place for the meetings, and then an additional flexible stage would be
20 put in front of this to make a larger space for performances.
21 Commissioner Dorosin asked if the seating area is to be raised in all concept plans.
22 Ken Redfoot said this is not decided, but that the plan is for the Board of County
23 Commissioners seating to be raised on a dais in all plans.
24 Frank Clifton said the dais would be raised so wiring and equipment could be
25 underneath. He said that the intention, in the event that the facility is not used for public
26 activities, was to maximize the building's potential use for other county offices. He said this is
27 why meeting space shrinks in option C and office space increases.
28 Commissioner Pelissier asked about the storage space and said it has been stated that
29 some non-profits need storage.
30 Frank Clifton pointed out a large storage area next to freight elevator. He said this area
31 could store extra seating and stage components. He said this is only meant for limited storage,
32 and any other storage space would need to be off site.
33 Commissioner Price said there needs to be clarification on this issue because there are
34 expectations about the storage.
35 Frank Clifton said there is limited space and this is not designed as a permanent storage
36 space.
37 Commissioner Price said the Hillsborough Arts Council needs space to store large
38 puppets each year during their public workshops.
39 Chair Jacobs said there would need to be a system to police the storage areas.
40 Commissioner Pelissier asked when the Board will see real pictures versus schematic
41 designs to get a sense of what things will really look like.
42 Jeff Thompson said the Board took tours in 2010 of various meeting locations and Ken
43 Redfoot can make 3-d pictures or models.
44 Ken Redfoot said this would be part of the further development of the plans down the
45 line. He said more tours can also be done if needed.
46 Commissioner Rich asked about the permanent seating for Board of County
47 Commissioners. She asked if there will be seating accommodation for other boards that might
48 use the space.
21
1 Frank Clifton said the space has been designed to accommodate other groups such as
2 the Planning Department and other County entities. He said that the Commissioners are one of
3 the largest boards.
4 Commissioner Rich and Frank Clifton discussed a meeting room in Indiana with
5 balconies and false ceilings, and Frank Clifton said this was considered, but there were issues.
6 Ken Redfoot said there is significant budget devoted to audiovisual and technology.
7 Commissioner Gordon said that there is no curved dais in Concept A or Concept C. She
8 noted that Southern Human Services Center has a curved dais, which provides a seating
9 arrangement that allows Board members to see each other easily. There is also a permanent
10 electronic installation for computer devices. She asked if that is a contemplated design.
11 Jeff Thompson showed a schematic of a curved dais and said this was discussed at
12 length during the tours. He said this is in the list of considerations.
13 Commissioner Gordon asked how the audiovisuals would be designed. She said the
14 structure often drives the functionality of the audiovisual equipment. She asked for an
15 explanation of how this would work in the space so that everyone can see and hear.
16 Chair Jacobs reminded everyone that this is just the conceptual phase and asked if
17 these issues can be addressed later in the process.
18 Commissioner Gordon said it is very important to discuss this now and lock in on a
19 concept for the audiovisual to avoid another scenario like Southern Human Services Center
20 where some cannot see the presentations.
21 Jeff Thompson said the audiovisual components of the facility are of utmost priority and
22 this will be addressed throughout the schematic.
23 Commissioner Gordon referenced the Commissioners' space and the difference
24 between the "flexible meeting and closed session space" and the "BOCC Pre-function". She
25 asked if this space is for the Commissioners use only.
26 Jeff Thompson said yes.
27 Commissioner McKee said there had been discussion about keeping the school board
28 and the Town up to speed on these issues and asked if this is being done.
29 Jeff Thompson said this is happening.
30 Commissioner Price asked about monitors for viewing presentations.
31 Jeff Thompson said this is being researched.
32 Commissioner Price asked about space for quarterly public hearings and joint meetings
33 with other entities. She asked about building accessibility and the use of steps on both sides of
34 the dais, and she requested a ramp.
35 Ken Redfoot said there is a ramp behind the dais, and one could be put on the side.
36 Chair Jacobs clarified that, under no scenario, will the large room be split, and staff
37 agreed.
38 Chair Jacobs said a line of trees was planted east of the building, in commemoration of
39 9/11, and he asked of these will remain.
40 Jeff Thompson answered yes.
41
42 PUBLIC COMMENT:
43 Max Wallace lives with his wife on West Tryon Street three doors east of the Whitted
44 Building. He has been there 35 years and his wife is an artist. He has served on the Durham
45 Arts Council and is sympathetic to the idea of a cultural center in theory, but is very concerned
46 about the idea from the standpoint of a neighbor three doors down in a historic residential
47 neighborhood with very small streets and no curbs. He said he works in research and data
48 counts and he referenced a traffic count study he submitted in a letter to the clerk and the
49 Board. He said that in a 20 hour study done on several days from 6pm to 10pm the average
50 traffic was one car every 2 minutes and 35 seconds. He said there were several nights were
22
1 there was little to no traffic for several hours. His full counts are included in his letter for item 7a
2 in the abstract. He said he has no objection to the government use of the building but he does
3 object to intense booking of the facility for events that will bring in 100 or more cars. This traffic
4 and noise will fundamentally change the nature of the peaceful neighborhood. He pointed out
5 that the facilities in Durham are built in the core of downtown, served by big roads and big
6 parking areas. He said he would hope that another solution can be found for an intense
7 program facility.
8 Elizabeth Waugh Duford, Executive Director of Orange County Cultural Center (OCCC),
9 thanked the Commissioners for the opportunity to speak about her strong belief in the vision of
10 shared space and option A of the Whitted Building. She said she has been working with
11 volunteers since February 2012 to move the shared space vision forward. She said that without
12 the agreement for shared space, the future of the Cultural Center is unclear. She said this
13 would be huge loss of opportunity to bring people of all ages and cultures together in Orange
14 County. She said that, as a lifelong resident and a mother of four, she cannot stress what a
15 benefit this center would be for young families in the County. She said children's art and music
16 classes, teen film series, painting workshops for seniors, and many other workshops and
17 exhibits, as well as gallery space for young artist would be wonderful. She said that the
18 community has expressed a desire for this center. She expressed hope that this will draw
19 additional visitors to downtown Hillsborough to support local business. She expressed hope
20 that the Board will vote in favor of shared space at the Whitted Building.
21 Steve Gardner lives on Tryon Street said he has spoken in the past about his opposition
22 of a cultural center at Whitted. He said he read the OCCC Business Plan, and his concerns
23 have escalated. He referred to proposals for street parking; closing Tryon Street during events;
24 installation of speed platforms; use of shuttle buses; and the use of local police to enforce
25 parking laws. He said that the proposals all address the needs of the cultural center to ferry
26 large numbers of people to their destination in the historic district, but these proposals fail
27 miserably in acknowledging the negative impact on the neighborhood. He said the residents
28 chose to live in the neighborhood because of the small town charm, quiet streets and close
29 proximity to the downtown commercial district. He said this is an old established historic area
30 and despite the current zoning of the building, which is based on its past use, the residents
31 never envisioned living next door to an event house. He respectfully asks the Commissioners
32 to consider if this would be welcome in their neighborhood. He strongly believes this is not an
33 acceptable venue for a cultural center and it would be highly detrimental to the quality of life of
34 the residents and the downtown district as a whole. He urged the Board to reject the proposal.
35 Paul Mitchell referred to a letter from his wife and he shared his concerns about the
36 OCCC and the impact on parking, street access and noise levels in the community. He said he
37 feels that the neighborhood is collateral damage for the Cultural Center's plan.
38 Pat Revels, Vice Chair of the OCCC, expressed her desire that the Board will decide to
39 partner with the OCCC in the use of the second floor of the Whitted Building. She said the
40 OCCC has done its homework and is prepared and ready to take on the role of managing the
41 non-governmental use of space in the multi-use facility. She referred to the timeline and
42 financial plan. She stressed the benefits to the residents of Orange County through programs
43 in visual arts, music and movement.
44 She said the three year budget projection shows the plan to start slowly and find what
45 works best in the community. She said the plan is viable and feasible but requires an
46 agreement in principle with the Board. She said that only then can an operating agreement be
47 formulated and the OCCC begin fundraising. She said the Whitted Building is the most ideal
48 solution of all options OCCC has considered. She said the agenda submitted presents
49 concrete solutions to address neighborhood concerns and OCCC takes the relationship with
23
1 Whitted neighbors very seriously. She reviewed some of the organizations that have proposed
2 partnerships with OCCC and said the potential is endless.
3 Frank Miller presented the following petition to the board:
4
5 Petition — Use of Whitted Building
6 The Orange County Manager has recommended the Orange County BOCC authorize
7 proceeding "with the Whitted 2nd Floor `A' building as permanent meeting space for Orange
8 County Government; shared with Hillsborough and Orange County Schools and potentially for
9 alternative arts use a governed by an Operating Agreement between Orange County and the
10 OCCC."
11 We, the undersigned citizens of Orange County, are supportive of using the space for
12 meeting facilities for Orange County, to be shared with the Town of Hillsborough and Orange
13 County Schools. We are also supportive of "alternative arts use" of the space by local no-profit
14 groups for occasional programs of community interest.
15 However, we are opposed to "alternative arts use as governed by an operating
16 agreement between Orange County and the Orange County Cultural Arts Center (OCCC)."
17 There is significant difference between `making space available for arts groups' and
18 `promoting a location as an arts and tourist destination center' as proposed by the OCCC. We
19 encourage the Orange County BOCC to authorize creation of a meeting space for public
20 entities, to be shared with local arts groups on a permit basis managed by Orange County.
21
22 Audrey Riley said she has been listening to all concerns and ideas and she said there is
23 certainly a conflict between residents and the arts community. She said this seems like a
24 perfect democracy. She said that for the OCCC to exist there has to be an approval of this
25 particular space, as there has not been any other viable option. She said there will be an
26 executive director who will need to be paid and there will be services provided to organizations
27 who desire to use the space. She said the OCCC does not see itself as just another non-profit
28 using the space, but it desires to provide a service to the community. She said the OCCC
29 wants to partner with and listen to the community and the neighbors. She said there is a new
30 member of the board who has agreed to be a liaison with the neighbors and there will be a
31 committee formed with the neighbors to listen and plan together. She said this board can only
32 function without being the Orange County Cultural Center and having funds to support an
33 executive director and administrative costs. She urged the Commissioners to vote for the
34 OCCC to manage the non-governmental use of the building.
35 Commissioner McKee asked if, other than the liaison mentioned above, there have been
36 any additional meetings or opportunity for community input since the meeting on April 4th
37 Elizabeth Waugh Duford said there has been one on one conversation, but there have
38 been no group community meetings. She said other neighbors have been approached to serve
39 on the board but so far only one liaison has volunteered. She said the desire is to work with a
40 committee of volunteers from the neighborhood.
41 Commissioner McKee said he assumed that any representation being sought would be
42 for those that support as well as those that oppose.
43 Elizabeth Waugh Duford answered yes, all voices are welcome.
44 Commissioner Gordon referred to the OCCC Business Plan and budget on page 15.
45 She said she was not sure if these facility fees would be a pass through to the county.
46
47 Elizabeth Waugh Duford said this was not the intent. She said that the hope is that
48 people who want to use the facility for non-governmental usage will see that there is value in
49 the OCCC helping with marketing and site management. She said this is the facility fee that is
50 being referred to. This will be a fee paid to OCCC for those services.
24
1 Commissioner Gordon asked for clarification about OCCC's payment of facility fees.
2 Elizabeth Waugh Duford said the OCCC would be contributing to a shared use of
3 utilities and a custodian as their expense and facility fees
4 Commissioner Gordon noted that this outlines an operating budget, but questioned
5 where OCCC will get money for a capital budget.
6 Elizabeth Waugh Duford said pricing of upfits is being done and as soon as the vote is
7 passed to partner on space, a capital fundraising campaign will begin.
8 Commissioner Gordon said there is reference to grants and fundraising with the
9 operating budget, and she asked if there will be a separate campaign for capital funds.
10 Elizabeth Waugh Duford answered yes.
11 Commissioner Pelissier said that a non-profit will pay the county use fee and also an
12 OCCC fee and she is confused by this.
13 Elizabeth Waugh Duford said, in conversations with county staff, the understanding is
14 that these issues would be governed by an operating agreement between OCCC and the
15 county.
16 Frank Clifton said the OCCC business plan just arrived this evening and if the board
17 chooses to move forward, staff would work out these issues through an operating agreement
18 with the OCCC or another county department that deals with facilities. He said the hope is that
19 this entity is financially viable, but the County would not want to tie up the facility until it is
20 certain. He said the County will stay heavily involved in the process. He said that he does not
21 see this entity controlling the use of the facility for all non-governmental purposes, as this would
22 cause issues with other entities. He compared this to the farmer's market arrangement. He
23 said enthusiasm of the OCCC is a good thing but there also needs to be a realistic view of what
24 will work and what is feasible. He said the Board needs to give direction on whether to move
25 forward and then the more specific issues can be dealt with.
26 Commissioner Dorosin suggested, as a way to begin the discussion, to first talk about
27 whether there is a consensus on the desire for a permanent space. If the answer is yes, or if it
28 is no, then what other uses are envisioned for this space. Finally, if a decision is made to have
29 other uses of the space and arts are one of those uses, a decision needs to be made on
30 whether this will be with OCCC or others.
31 He said he feels that that consensus is to have the Whitted Building as a permanent
32 public space, but he would like to hear a full vetting of that discussion as a starting point.
33 Commissioner Dorosin said he would like to hear more from his peers about the relative
34 pros and cons, before making a motion on the permanent space that will cost $1.2 million.
35 Commissioner Rich said, when discussing cost, it is necessary to subtract the money
36 being saved by not having to set up a room for every meeting. She said this will add up over
37 time.
38 She said having a permanent meeting space is fundamentally sound and she feels like
39 a roving commissioner in the current setup. She feels that all the moving around is
40 unprofessional.
41 Commissioner Pelissier echoed Commissioner Rich and said there were past
42 discussions about having a meeting room in the bottom of the Link Government Services
43 Center, but this was not done because of funding issues at that time. She said the Board
44 needs a permanent room and not a makeshift setup. She said this will also allow for an
45 opportunity to have a better technology setup, which will change the climate for everyone.
46 Commissioner Rich said she was initially concerned about the cost, but she feels it
47 probably balances out in the end when considering the moving from place to place. She said
48 she is encouraged with the idea of working with the Town of Hillsborough and OCS in one
49 space that can be called home.
25
1 Commissioner McKee said he was opposed to putting the meeting room at Link
2 Government Services Center, but he feels different about this space. He said many of the
3 costs associated with this meeting room have already been expended on other infrastructure
4 and he is supportive of this meeting room. He is also supportive of other non- profits using the
5 space.
6 Commissioner Gordon said she has gone on record stating that a permanent meeting
7 facility should be in downtown Hillsborough, near county buildings on the county campus and
8 near the parking deck. She feels the Board needs a permanent meeting room. She supported
9 it being built on the county campus but she sensed that her peers were not enthusiastic about
10 this and the consensus is for the Whitted Building, so she is happy to be cooperative. She said
11 that one needs to be sure this is a good facility for meetings, not only for the Board of County
12 Commissioners, but for the public as well. Whether it needs to be in a residential area, she
13 does not know. She said the ideal would be to have a space study update to know the county's
14 office space needs before making decisions.
15 She said the key for her is to have a good meeting facility and work out how to share.
16 She said the question is to find out the details of how to work out issues with the OCCC and
17 other community groups. She said she would prefer a downtown location, but given that this is
18 not the will of the Board, the goal is to do the best possible thing for the Board.
19 Chair Jacobs said one of the highest functions of government is to partner and to share.
20 He said that to provide a facility that neighbors and partners can use is a good thing. He said
21 that when doing the land swap with Town of Hillsborough at Fairview, Hillsborough was willing
22 to forego building its own meeting space in a mature hardwood forest due to the possibility of a
23 joint meeting space. He feels this is the fulfillment of a commitment.
24 He said this is the most elegant public meeting space in this part of Orange County and
25 it should be used as it was originally intended, as a public meeting space.
26 He said the moving from meeting place to meeting place shows a lack of respect for the
27 public and for themselves. He said that the right thing to do is to designate a consistent place
28 with good technology and infrastructure for meetings. He said that if video streaming had been
29 done over the past 20 years, it would have saved half a million dollars by not moving around. It
30 allows all meetings to be streamed, making the Board more transparent and accessible to the
31 public. He acknowledged Commissioner Gordon's concerns but said the idea of a community
32 arts resource is attractive and the Board just needs to figure out how to make it work.
33
34 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
35 1) Authorize staff to move forward with the project of converting the Whitted 2nd Floor"A"
36 building into a permanent meeting facility for use by Orange County.
37
38 VOTE: UNANIMOUS
39
40 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
41 2) Affirm that the meeting space is to be shared with the Town of Hillsborough and the Orange
42 County Schools Board;
43
44 VOTE: UNANIMOUS
45
46 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to
47 3) Authorize the Manager to sign an amendment to the existing Architectural Professional
48 Services Contract for Corley, Redfoot Architects totaling an amount of$110,500 for the design,
49 engineering, and construction administration of the permanent meeting facility.
50
26
1 Commissioner Gordon said she thought there had been agreement on what
2 Commissioner Dorosin had said earlier regarding the order for consideration of the issues.
3 Chair Jacobs said this proposal was a general idea to start the conversation and
4 articulate positions.
5
6 VOTE: UNANIMOUS
7
8 Commissioner Rich said she does not feel comfortable that the concerns of the
9 neighbors have been addressed, and if the Board moves forward with an operating agreement
10 then the neighborhood concerns may not be addressed.
11 Commissioner Pelissier said she has the same concerns. She wants to see this space
12 for arts and she wants to affirm that this is the intention; however, there are no parameters for
13 the usage by OCCC. She feels there is a lot that has to be worked out and she feels more time
14 needs to be allowed for the manager to work with OCCC and other groups. She noted that
15 there are several groups that are partnering and others that are not and this needs to be
16 factored in as well. She would like to specifically ask for more community meetings by OCCC
17 and county staff.
18 Commissioner Price asked about the legality of how this space can be used with an
19 operating agreement with one specific organization and how this works with allowing others to
20 use it.
21 John Roberts said the county can designate an individual group to operate a facility, but
22 he would be opposed to an operational agreement giving a non-profit group full access rights to
23 a governmental facility. He said if the County decides to go that way, he would recommend a
24 license agreement which allows the county to control the other access. He said there is no
25 legality to prevent an operations agreement with this group though.
26 Commissioner Dorosin said it seems there are two questions. One is regarding other
27 uses for space, arts being one. He said that, in that context, there can be a discussion,
28 especially regarding concerns of the neighbors. He said the primary concern seems to be with
29 regard to big events, but not art classes and other smaller functions during the day. He said
30 there may be some consensus already about this. He said that if there is agreement on this,
31 then the question becomes whether this is something to work out with OCCC or with other
32 groups. He said there are some advantages to having OCCC take over some of these
33 responsibilities but he is hesitant to add another layer of bureaucracy. He wondered if there is
34 a way to support the OCCC while accommodating other groups and the neighbors.
35 Chair Jacobs said the easy part is that there is a desire to share the space, primarily for
36 arts related uses, and by non-profit community organizations.
37
38 A motion was made by Commissioner Dorosin, seconded by Commissioner Gordon to
39 4) Show support for additional uses for the Whitted space, primarily for arts related uses by
40 non-profit organizations.
41
42 VOTE: UNANIMOUS
43
44
45 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to:
46 5) Direct staff to work with the Orange County Cultural Center and other arts organizations on
47 potential uses of the facility and direct those organizations and staff to have outreach meetings
48 with neighbors and address their concerns.
49
50 Commissioner Rich asked about the goal of this motion.
27
1 Commissioner Pelissier said the goal is to make sure that any use policy is acceptable
2 to the vast majority of the neighbors and that everyone has had input. She said this will also
3 clarify that this is not exclusive to the OCCC but is open to all other arts related non-profits.
4 Commissioner Gordon suggested the addition of wording to "address the neighbors'
5 concerns."
6 Commissioner Dorosin suggested a friendly amendment with restrictions on using the
7 meeting space. He suggested specification of allowing art programs and small scale programs,
8 but no large events. He suggested the friendly amendment to specify neighbors meeting to
9 discuss how to effectively use art spaces, exclusive of large events in the big meeting room.
10 Commissioner Pelissier said she is not ready to accept the amendment as she is not
11 ready to take anything off the table. She said there has not been that much discussion with the
12 neighbors up to this point and there needs to be. She said this is part of her motion.
13 Commissioner Pelissier said she accepted Commissioner Gordon's clarification, that
14 neighbor's concerns are addressed
15 Commissioner McKee offered a friendly amendment that before any decision is made, a
16 public hearing should be held to get input from the community at large. He then opted to drop
17 this and make it a separate motion
18 Chair Jacobs said he would be loath to take large events off the table at this point but he
19 also does not want to proceed without a much more robust engagement of the neighbors and
20 an attempt to address the concerns.
21
22 VOTE: 6-1 (Commissioner Dorosin)
23
24 Commissioner McKee made a motion to hold a public hearing to gain input before any
25 decisions are made about operational agreements and to advertise it as a public hearing on this
26 specific topic.
27 Commissioner Dorosin seconded
28 Commissioner Rich asked when this would happen.
29 Commissioner McKee said this would happen before any final decision is made about
30 the OCCC and it could happen at the September 5th meeting
31 Commissioner Pelissier said her motion did not put a timeline and she questioned if all
32 the answers need to be in by September 5th
33 Frank Clifton said he assumes that design A is being taken and this leaves opportunities
34 to do whatever might need to be done.
35 Commissioner Pelissier clarified that this would not have to happen on September 5th
36 She said she does not want to rush things.
37 Commissioner Pelissier asked why this would be advertised as a public hearing,
38 because it would confuse the public, as it implies different things.
39 Commissioner Gordon clarified the motion with Commissioner McKee.
40 Commissioner Gordon said it might be a good idea to have a broader hearing than just
41 an operating agreement discussion.
42 Commissioner McKee withdrew his motion and Commissioner Dorosin withdrew his
43 second.
44
45 Commissioner Dorosin said the first motion approved a meeting space, but he said that
46 there was no designation of option A or option C. He asked if moving forward with option A
47 tonight would prevent a decision in the future to create option C, or a modified version of A.
48 Jeff Thompson said option C is an additional build-on for option A. He said that
49 partitions can be done later in the process, and the only concern would be floor coverings and
50 doors.
28
1 Chair Jacobs clarified that option A offers the most options subsequent to the Board's
2 approval and then permutations can be chosen later.
3 Commissioner Gordon asked what level these plans will be prepared over the summer.
4 Jeff Thompson said summer efforts will include programming, schematic designs, and
5 getting the project to a point that it can come back to the Board in a format that is
6 understandable. He said the question in September will be whether to approve the drawings to
7 begin the building process with a bid award in December and grand opening in June.
8 Commissioner Gordon said it seems that things are farther along than deciding what
9 might be chosen.
10 Jeff Thompson said there will be a point where the Board needs to instruct on specific
11 plan additions.
12 Commissioner Gordon said that the direction should be option A with an alternate of
13 option C.
14
15 b. Information and Resolution Regarding the Next Revaluation of Real Property
16 The Board discussed the optimal year for the next revaluation including information
17 about current market trends and statistics, current economic indicators, potential impacts, and
18 potential full list and measure; and to consider approval of a resolution establishing the year for
19 the next general reappraisal of real property in Orange County.
20 Dwane Brinson, Orange County Tax Administrator, referenced a memo and said that
21 there are two parts to this presentation. The first is the potential delay in reevaluation, and the
22 second addresses the possibility of finding inaccurate records during the re-evaluation process.
23 He said that the economy is improving and the sales ratio tells you what percent of the
24 market value is represented by the tax assessment. A ratio of 1.03 indicates a tax assessment
25 of 103% of market value. He said that the stats of the current market are steady and in line.
26 He said that the quantity of sales is improving. He said that his main reason for recommending
27 a delay is that, by the time a 2015 reevaluation is done, tax assessment and market value
28 would be the same. This would mean roughly no change in tax assessments. He used the
29 chart to illustrate this joining of values.
30 He said the second issue is to determine what happens when an inaccurate record is
31 found during the process. He reviewed the re-evaluation process and said there are instances
32 where tax records do not reflect the actual features of the house. He reviewed a general
33 statute listing the three instances for a tax refund: 1) Clerical error; 2) Illegal tax; and 3) Tax
34 levied for an illegal purpose. He reviewed examples where tax value did not match house
35 features and said there is no refund for those situations. He said that there is agreement for tax
36 refunds when taxes are levied on structures that do not exist.
37 He noted that the Real Estate Commission and the International Association of
38 Assessing Officers (IAAO) both recognize a 5% margin of error in assessing properties.
39 He said that the desire is to postpone the reevaluations until 2017 and then to make
40 every effort to get values and records straight.
41 Commissioner Dorosin clarified that the recommendation is to postpone re-evaluations
42 until 2017 because values are getting too close for any substantive changes now.
43 Dwane Brinson answered yes.
44 Commissioner Dorosin referred to information about the School of Government and
45 clarified that the Commissioners are not being asked to do anything related to that.
46 Dwane Brinson said that the practice in Orange County does not do refunds for
47 instances of square footage being off or an appraisal coming in different.
48 Commissioner Dorosin clarified information in the abstract about hiring new people to
49 do reevaluations in 2017.
29
1 Commissioner Gordon asked about the full schedule of listing. She asked if residents
2 know the assessor is coming and if there are assessments done both outside and inside.
3 Dwane Brinson said the assessors rarely go inside of a house. He said, as far as
4 notifying homeowners, various outlets can be used but is too hard to schedule individual
5 viewings. There are attempts made to let them know an assessor is coming and that an
6 assessor has been there.
7 Commissioner Gordon asked about qualified versus unqualified sales.
8 Dwane Brinson said qualified sales are reviewed by appraisers and include short sales
9 and foreclosures.
10 Commissioner McKee said Orange County has always been on a 4 year cycle and
11 should have stayed on a 4 year cycle. He said this delay only further strengthens the
12 perception that the County is avoiding re-evaluation in a down market. He said that the abstract
13 acknowledges that the market is improving and he opposes a delay.
14 Chair Jacobs noted that the resolution is contained in attachment 2 on page 4 of the
15 abstract.
16
17 Orange County Board of Commissioners
18 A Resolution Establishing the Year of the Next General Reappraisal
19
20 WHEREAS, Orange County conducted its most recent General Appraisal of Real
21 Property effective January 1, 2009; and
22
23 WHEREAS, the Orange County Board of Commissioners advanced its scheduled
24 General Reappraisal of Real Property to January 1, 2013, pursuant to North Carolina General
25 Statute (NCGS) 105-286(a)(3); and
26
27 WHEREAS, after careful consideration, on May 15, 1012, the Orange County Board of
28 Commissioners modified this schedule and postponed the effective date of the next General
29 Reappraisal of Real Property to January 1, 2015, pursuant to North Carolina General Statute
30 (NCGS) 105-286(a)(3); and
31
32 WHEREAS, after careful consideration, the Orange County Board of Commissioners
33 again desires to modify this schedule to postpone the effective date of the next General
34 Reappraisal to January 1, 2017, as permitted by NCGS 105-286(a)(3); and
35
36 WHEREAS, the Orange County Board of Commissioners also desires that the Orange
37 County Tax Administrator continue to make an annual report to the Board regarding conditions
38 in the market for real property;
39
40 WHEREAS, the Orange County Board of Commissioners desires to return to its adopted
41 four-year revaluation cycle after the 2017 revaluation;
42
43 Now, Therefore, Be It Resolved, that the Orange County Board of Commissioners
44 does hereby postpose the effective date of the next general reappraisal to January 1, 2017;
45
46 Be It Further Resolved, that the Orange County Tax Administrator shall continue each
47 year to make at least one report to the Board of County Commissioners regarding conditions in
48 the market for real property; and
49
30
1 Be It Further Resolved, that the Clerk to the Board shall forward a copy of this
2 resolution to the North Carolina Department of Revenue as required under NCGS 105-286.
3
4 Adopted this 7th day of May, 2013.
5
6 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
7 delay re-evaluation until 2017 and reinstitute the 4 year cycle after that. To approve and
8 authorize the Chair to sign the resolution, establishing the Year of the Next General
9 Reappraisal.
10
11 VOTE: 6-1 (Commissioner McKee)
12
13 Chair Jacobs noted that the time is past 10:40pm. He said that there is a policy issue
14 on 8a that may take some time and he suggested the Board defer this item
15
16 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
17 defer item 8a to the May 21st agenda.
18
19 VOTE: UNANIMOUS
20
21
22 8. Reports
23
24 a. Overview of County Marketing and Public Relations Projects
25 The Board will receive an overview of the marketing and public relations projects being
26 managed by the Director of Public Affairs.
27 DEFERRED
28
29 9. County Manager's Report
30 None
31
32 10. County Attorney's Report
33 None
34
35 11. Appointments
36 None
37
38 12. Board Comments
39 Commissioner Pelissier— none
40 Commissioner Dorosin — none
41 Commissioner McKee said he and Commissioner Price attended the opening of the
42 Walnut Grove Solid Waste Convenience Center today. He said this is a very nice facility and is
43 open for use.
44 Commissioner Gordon reported on the meeting of the Transportation Advisory
45 Committee of the DCHC MPO. She said the Metropolitan Transportation Plan had been
46 approved last time and the second part of the long range planning document is to adopt the Air
47 Quality Conformity portion. She said these two documents are necessary for long range
48 planning.
49 Commissioner Price said she, Chair Jacobs and Commissioner Pelissier had put their
50 names on a beam at the new hospital in Hillsborough.
31
1 Commissioner Rich — none
2 Chair Jacobs said that Commissioner Pelissier had petitioned that the Board meet with
3 Alamance County and this has been postponed until after the budget season at Alamance
4 County's request. He said there will be a meeting with the Durham City Mayor and Manager on
5 May 15 and the Clerk has circulated a draft agenda. He welcomed suggestions.
6 Chair Jacobs said there was a meeting last week with staff and Triangle Transit and
7 Craig Benedict took notes that will be shared later. He said Triangle Transit was invited to the
8 May 21st BOCC meeting to give the Board an update report.
9 Chair Jacobs met with the Mayors of the three towns to talk about recycling and all
10 three affirmed interest in being part of the same system through the 2013-14 fiscal year. Mayor
11 Kleinschmidt said that Chapel Hill will still finish an independent investigation before deciding to
12 proceed. Mayor Kleinschmidt expressed the hope that the County would implement roller carts
13 and this will be addressed at the next CIP meeting to see if there is state grant money available
14 for this.
15 Chair Jacobs said he sent an email today regarding the Carrboro Library and his
16 meeting with a representative of the developer. He invited the representative to come to the
17 work session next week.
18
19 13. Information Items
20
21 • April 23, 2013 BOCC Meeting Follow-up Actions List
22 • Tax Collector's Report— Numerical Analysis
23 • BOCC Chair Letter Regarding Petitions from April 9, 2013 Regular Meeting
24
25 14. Closed Session
26
27 A motion was made by Commissioner McKee seconded by Commissioner Rich to go
28 into closed session at for the purpose of:
29 "To discuss and take action regarding plans to protect public safety as it relates to existing or
30 potential terrorist activity and to receive briefings by staff members, legal counsel, or law
31 enforcement or emergency service officials concerning actions taken or to be taken to respond
32 to such activity." [N.C.G.S. 143-318.11(a)(9)]
33
34 VOTE: UNANIMOUS
35
36 RECONVENE INTO REGULAR SESSION
37
38 A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to
39 reconvene into regular session at 11:25pm
40
41 VOTE: UNANIMOUS
42
43
44 15. Adjournment
45
46 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
47 adjourn the meeting at 11:25pm
48
49 VOTE: UNANIMOUS
50
32
1
2 Barry Jacobs, Chair
3
4 Donna S. Baker
5 Clerk to the Board
1
1 Attachment 5
2 DRAFT MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 ORANGE COUNTY PLANNING BOARD
5 QUARTERLY PUBLIC HEARING
6 May 28, 2013
7 7:00 P.M.
8
9
10 The Orange County Board of Commissioners and the Orange County Planning Board
11 met for a Quarterly Public Hearing on Monday, May 28, 2013 at 7:00 p.m. at the DSS Offices,
12 Hillsborough Commons, Hillsborough, N.C.
13
14 COUNTY COMMISSIONERS PRESENT: Vice Chair Earl McKee and Commissioners Alice M.
15 Gordon, Bernadette Pelissier, Renee Price and Penny Rich
16 COUNTY COMMISSIONERS ABSENT: Barry Jacobs, Mark Dorosin
17 COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
18 COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
19 David Hunt (All other staff members will be identified appropriately below)
20 PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck, and Planning Board
21 members, Andrea Rohrbacher, Maxecine Mitchell, Tony Blake, Johnny Randall, Lisa Stuckey
22 and Herman Staats PLANNING BOARD MEMBERS ABSENT: Dawn Brezina, Larry Wright,
23 Rachel Phelps Hawkins, H.T. "Buddy" Hartley
24
25
26 A. OPENING REMARKS FROM THE CHAIR
27
28 Vice Chair McKee called the meeting to order at 7:00 p.m.
29
30 The meeting was then passed to Planning Board Chair Pete Hallenbeck.
31
32
33
34 B. PUBLIC CHARGE
35 The Board of Commissioners pledges to the residents of Orange County its respect. The
36 Board asks its residents to conduct themselves in a respectful, courteous manner, both with
37 the Board and with fellow residents. At any time should any member of the Board or any
38 resident fail to observe this public charge, the Chair will ask the offending member to leave
39 the meeting until that individual regains personal control. Should decorum fail to be
40 restored, the Chair will recess the meeting until such time that a genuine commitment to this
41 public charge is observed. All electronic devices such as cell phones, pagers, and
42 computers should please be turned off or set to silent/vibrate.
43
44 C. PUBLIC HEARING ITEMS
45
46 1. Zoning Atlas Amendment — To review a property owner-initiated amendment to the
47 Zoning Atlas to rezone a 3.36 acre parcel of property along US Highway 70 (PIN 9893-
48 81-7503) from EDE-1 (Economic Development Eno Lower Intensity) to EDE-2
49 (Economic Development Eno Higher Intensity).
50 The parcel does not have an assigned street address but is located adjacent to the
51 Orange County ABC Store located at 5413 US Highway 70 East.
52
53 Michael Harvey presented this item ( powerpoint)
2
1 BACKGROUND
2 • PIN —9893-81-7503.
3 • Size of Parcel —3.36 acres.
4 • Future Land Use Element Map Designation — Economic Development Transition
5 Activity Node.
6 • Growth Management System Designation -- Urban.
7 • Existing Conditions -- The property is undeveloped and sparsely vegetated.
8 • Access -- The property has direct access onto US Highway 70.
9
10 REQUEST:
11 • Applicant requests EDE-2 zoning,
12 • Believes EDE-2 zoning designation is more appropriate for the property given its
13 frontage along US Highway 70,
14 • Represents a logical extension of the district.
15
16 EDE-1 VERSUS EDE-2 LAND USES:
17 • EDE-2 would allow the following additional uses:
18 — Animal Hospital/Kennels (Class II require SUP)
19 — Manufacturing/Assembly uses (i.e. fabricated metal, electronic equipment, food
20 products, furniture, etc.)
21 — Retail (i.e. restaurant, retail sales, etc.)
22 — Services (i.e. hotels, research facility, etc.)
23 — Wholesale trade
24
25 STAFF ASSESSMENT:
26 • The application is complete,
27 • The property is of sufficient size,
28 • Consistent with the Orange County 2030 Comprehensive Plan, Growth Management
29 System Map, and adopted Eno Economic Development District Area Small Area Plan,
30 • Logical extension of existing EDE-2 district.
31
32 RECOMMENDATION:
33 1. Receive the proposal to amend the Zoning Atlas.
34 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
35 the proposed amendment.
36 3. Refer the matter to the Planning Board with a request that a recommendation be
37 returned to the Board of County Commissioners in time for the September 5, 2013
38 BOCC regular meeting.
39 4. Adjourn the public hearing until September 5, 2013 in order to receive and accept the
40 Planning Board's recommendation and any submitted written comments.
41
42
43 A motion was made by Commissioner Rich seconded by Commissioner Price to:
44 1. Receive the proposal to amend the Zoning Atlas.
45 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
46 the proposed amendment.
47 3. Refer the matter to the Planning Board with a request that a recommendation be
48 returned to the Board of County Commissioners in time for the September 5, 2013
49 BOCC regular meeting.
50 4. Adjourn the public hearing until September 5, 2013 in order to receive and accept the
51 Planning Board's recommendation and any submitted written comments.
52
3
1
2 VOTE: UNANIMOUS
3
4 2. Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments — To
5 review government-initiated amendments to Comprehensive Plan Future Land Use Map
6 and to the Zoning Atlas to assign land use category classifications and to establish
7 zoning for properties that will now be within Orange County's planning jurisdiction as the
8 result of the re-alignment of the Orange/Alamance County Line.
9 Portions of 11 properties are proposed to be assigned the Agricultural Residential Land
10 Use Category and the Agricultural Residential (AR) zoning district. Portions of 5 of these
11 properties are also proposed to be assigned to the Back Creek Protected Watershed
12 Protection Overlay District.
13
14 Michael Harvey made this presentation (power point)
15 AREA: (map of area)
16
17 STAFF COMMENTS
18 • Extends existing zoning/land use designations over property now within our planning
19 jurisdiction.
20 • Will not create compliance issues with respect to land use issues.
21 • Action is consistent with Session Law 2012-108, adopted by the General Assembly in
22 June of 2012, finalizing the location of the Orange-Alamance boundary line.
23 • This will complete our work on the Orange-Alamance boundary line project
24
25 RECOMMENDATION
26 1. Receive the proposal to amend the Orange County Comprehensive Plan Future Land
27 Use Map and the Zoning Atlas.
28 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
29 3. Refer the matter to the Planning Board with a request that a recommendation be
30 returned to the County Board of Commissioners in time for the June 18, 2013 BOCC
31 regular meeting.
32 4. Adjourn the public hearing until June 18, 2013 in order to receive and accept the
33 Planning Board's recommendation and any submitted written comments.
34
35
36 Planning Board Member Johnny Randall asked Michael Harvey if the County ought to be
37 concerned over the poor choice of wording in the Session Law (attachment 2 page 31) before
38 acting on the item.
39
40 Michael Harvey said that it does not matter about the word choice —the law was passed and the
41 county's rezoning is consistent with what was approved.
42
43 A motion was made by Commissioner Price seconded by Commissioner Gordon to:
44 1. Receive the proposal to amend the Orange County Comprehensive Plan Future Land
45 Use Map and the Zoning Atlas.
46 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
47 3. Refer the matter to the Planning Board with a request that a recommendation be
48 returned to the County Board of Commissioners in time for the June 18, 2013 BOCC
49 regular meeting.
4
1 4. Adjourn the public hearing until June 18, 2013 in order to receive and accept the
2 Planning Board's recommendation and any submitted written comments.
3
4
5 VOTE: UNANIMOUS
6
7 D. ADJOURNMENT OF PUBLIC HEARING
8
9 A motion was made by Commissioner Gordon seconded by Commissioner Price to adjourn the
10 meeting at 7:17 p.m.
11
12 VOTE: UNANIMOUS
13
14 Earl McKee, Vice —Chair
15
16
17 David Hunt
18 Deputy Clerk