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HomeMy WebLinkAboutMinutes 05-07-2013 APPROVED 6/18/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING May 7, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on May 7, 2013 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda The Chair went through the items at the County Commissioners' places: - Pink sheet— revision to 4g - Resolution in Support of Smart Start and NC Pre K - White sheet - General Assembly Legislation - 2 amendments —4-g Resolution in Support of Smart Start and NC Pre K - Lime green sheet - from Orange County Peace Coalition ( matters not on the printed agenda) - White sheet - Letter for Item 7a - Whitted 2nd Floor "A" Building Permanent Board Meeting Facilities - White sheet - Orange County Cultural Center—Business Plan - 7a -Whitted 2nd Floor "A" Building Permanent Board Meeting Facilities - Item 6a- is deferred - Proposed 2012-2013 Secondary Road (SR) Construction Program for Orange County PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Hank Elkins, referring to the green handout sheet, spoke on behalf of the Orange County Peace Coalition. He said $480 million of taxpayer money has gone to Afghanistan and Iraq, which is $3500 for every person in the county. He said jobs have been created over there but questioned how many jobs have been created in Orange County. He compared the dollars invested in education versus the amount spent on military funding and said twice as many education jobs could have been created. He said the Orange County Board of Commissioners knows what Orange County needs — money for education; affordable housing; health; and entities that are investments in real security. He said Congress has been funding some programs the Pentagon does not want and some programs can be cut without sacrificing security, which will save over $10 billion per year. He said it may be better to ask the military to serve 25 years instead of 20 years in order to get pensions, which will save millions. He said resolutions have been made in several other cities and he hopes the Board of County Commissioners would support cutting military spending. Margaret Cannell brought good tidings from the Hillsborough Chamber of Commerce for the upcoming Hogg Day on May 16th She gave some Hogg Day facts and gave the Commissioners some Hogg Day souvenirs. She recognized David Hunt as Hogg Day Emeritus and said the Chamber has also received great support from Solid Waste, EMS, the Health Department, the Sheriff's Department, and the Visitor's Bureau. She said that there will be food trucks at the event this year and she hoped to see everyone there. Don O'Leary said he would like to talk about recyclable trash. He said that it seems that there is an idea to force everyone in the County to pay for recycling pick up. He said that those who live in rural communities take their own recycling to the dump. He said that forcing the entire county to pay a tax that then pays a third party is leaning toward fascism. He said that only people who want the service and will use the service should have to pay for it. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Dorosin said there was a discussion at the recent BOCC retreat about the possiblity of having a county fair, and staff was to do preliminary investigation on how to move this process forward. He said he would like a status report. Chair Jacobs said the three Commissioners on the retreat planning committee would be meeting tomorrow morning to review and discuss the proposed items, and one of those items will be the county fair Commissioner Pelissier said there is supposed to be a report in the near future for that same item and she believes it is on the calendar. 4. Proclamations/ Resolutions/ Special Presentations a. Local Historic Landmark Designation for Captain John S. Pope Farm The Board considered adopting an ordinance to designate the Captain John S. Pope Farm in Cedar Grove as an Orange County Local Historic Landmark and authorizing the Chair to sign. Peter Sandbeck presented, for a final step, the landmark designation ordinance for the Pope Farm in Cedar Grove. He said this has gone through all of the enabling legislation, both local and state. He said this is a voluntary process and it is up to the owner. He recognized the younger John Pope. He said the farm has been well preserved and was listed on the national register in April. John Pope said he is honored by this designation and the family has worked hard to preserve this home property. Chair Jacobs said they appreciated him for working with Orange County on this process. A motion was made by Commissioner McKee, seconded by Commissioner Rich to adopt an ordinance to designate the Captain John S. Pope Farm in Cedar Grove as an Orange County Local Historic Landmark and authorize the Chair to sign. VOTE: UNANIMOUS b. Voluntary and Enhanced Agricultural District Designation — Multiple Farms — Green, Ward, Pope, Walters The Board considered applications from multiple landowners/farms to certify qualifying Farmland, totaling 342.21 acres, within the Cedar Grove, Cane Creek-Buckhorn, High Rock/Efland, and Caldwell Voluntary Agricultural Districts, and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agriculture District (EVAD) programs. Gail Hughes introduced the following 4 new farms into the Voluntary and Enhanced Agricultural Districts: • Christine & Allan Green Woodcrest Farm Cane Creek/Buckhorn District Raises livestock and produce/vegetable crops for sell at home store and local farmer's markets VAD =12.28 acres • Randall & Susan Ward Caldwell District Raises grass/hay crop and managed woodland/forestry. VAD = 156.8 acres • Robert Pope Jr. Cedar Grove District Raises Iambs for meat; sells to restaurants and farmer's markets EVAD = 75.39 acres Local Historic Landmark Designation • Elizabeth & Roland Walters Walters Unlimited @Carls-Beth Farm High Rock/Efland District First Orange Co. farm to enter into the VAD program in 1992= 398.41 acres Revision: 225.28 acres EVAD (3 parcels) 173.13 acres in VAD (1 parcels) Raises beef, chickens, hogs, and produce/vegetable crops; sells at farm and farmer's markets Gail Hughes said that this is a request for approval from the Commissioners to accept three farms into the program and to complete a revision of acres for one farm. She noted that the current total acres in the programs equal 4,353 acres and, if approved, this will increase by 244.47, to a total of 4,597 acres. Commissioner McKee commended the program participants and asked for a round of applause. Commissioner Dorosin asked Gail Hughes to give a little background on this program. Gail Hughes said the Voluntary Agriculture Program is run through the North Carolina Department of Agriculture and it is truly voluntary. She said the farmers and landowners are committing to a desire to continue farming and once admitted to the program, these farmers sign a conservation agreement. She said that this agreement states that the goal is to continue farming. She said this is important for state economics. She said that the enhanced program is more of a commitment as it is a ten year longevity commitment to conservation and participation in the program. Commissioner Gordon added her commendation to these farms that have participated and committed to keep farming growing. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve applications from multiple landowners/farms to certify qualifying Farmland, totaling 342.21 acres (VAD) and 300.67 acres (EVAD) within the Cedar Grove, Cane Creek-Buckhorn, High Rock/Efland, and Caldwell Voluntary Agricultural Districts, and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agriculture District (EVAD) programs. VOTE: UNANIMOUS c. Proclamation Recognizing Orange High School's Wrestling Championship The Board considered a proclamation recognizing Orange High School's Wrestling Team winning the 2013 North Carolina High School Athletic Association's 3A State Championship and authorizing the Chair to sign. Chair Jacobs introduced Bobby Shriner, Wrestling Coach at Orange High School and coach of the year. He also introduced the wrestling team as state champions. Bobby Shriner said the award is appreciated. This is his 24th year as coach and he said the team has been blessed by God to have great kids and great coaches. He said Coach Poteat has been with the program for 16 years and he recognized several of the wrestlers and their accomplishments. Commissioner Rich read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON ORANGE HIGH SCHOOL'S WRESTLING TEAM WINNING THE 2013 NCHSAA 3A STATE CHAMPIONSHIP WHEREAS, on March 1 and 2, 2013, Orange High School's Wrestling Team captured the North Carolina High School Athletic Association's (NCHSAA) 3A State Championship; and WHEREAS, under the guidance of Head Coach Bobby Shriner, Orange High School's Wrestling Team earned its sixth state title in the past eight years; and WHEREAS, six of the ten participating Orange High wrestlers made it to the semifinals, and four advanced to the finals; and WHEREAS, Coach Bobby Shriner was named North Carolina Mat News Coach of the Year and the National Wrestling Coaches Association's North Carolina Coach of the Year, and reached and passed his 500th career dual team victory; and WHEREAS, through hard work, dedication, teamwork, and commitment, the Panthers have brought honor upon themselves, Orange High School, the Orange County Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the Orange High School Wrestling Team and Coach Bobby Shriner for the Panthers' outstanding achievement, and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the seventh day of May, 2013. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to approve a proclamation recognizing Orange High School's Wrestling Team winning the 2013 North Carolina High School Athletic Association's 3A State Championship and authorize the Chair to sign. VOTE: UNANIMOUS d. Older Americans Month Proclamation The Board considered approving a proclamation joining Federal and State governments in designating the month of May 2013 as Older Americans Month and a time to honor older adults for their contributions to society and to Orange County and authorizing the Chair to sign. Janice Tyler, Director on Aging, gave some background on older Americans. She said this honor was first established under President Kennedy in 1963. She said that a person turns 65 every 8 seconds in the US. She reviewed some department initiatives and programs. She said that the purpose of tonight is to honor older Americans. ORANGE COUNTY BOARD OF COMMISSIONERS Proclamation Older Americans Month — May 2013 WHEREAS, Orange County is a community that includes over 20,000 persons aged 60 and older; and WHEREAS, Orange County is committed to valuing all individuals and recognizing their ongoing life achievements; and WHEREAS, the older adults in Orange County play an important role by continuing to contribute experience, knowledge, wisdom, and accomplishments; and WHEREAS, our older adults are active community members involved in volunteering, mentorship, arts and culture, and civic engagement; and WHEREAS, recognizing the successes of community elders encourages their ongoing participation and further accomplishments; and WHEREAS, our community can provide opportunities to allow older adults to continue to flourish by: ❑[]Emphasizing the importance of elders and their leadership by publicly recognizing their continued achievements ❑[]Presenting opportunities for older Americans to share their wisdom, experience, and skills ❑[]Recognizing older adults as a valuable asset in strengthening our community; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim May 2013 to be Older Americans Month and urge all residents to take time this month to recognize older adults and the people who serve and support them as powerful and vital individuals who greatly contribute to the community. This the 7th day of May, 2013. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve a proclamation joining Federal and State governments in designating the month of May 2013 as Older Americans Month and a time to honor older adults for their contributions to society and to Orange County and authorize the Chair to sign. VOTE: UNANIMOUS e. National Travel and Tourism Week Proclamation The Board considered proclaiming the week of May 4-12, 2013 as National Travel and Tourism Week in Orange County and authorizing the Chair to sign. Laurie Paocielli said that the Visitors Bureau was started 20 years ago and the Commissioners have been at the forefront of fueling an industry that, last year, generated $157 million in Orange County. She is grateful to be part of the Economic Development Department. She said that the Arts Commission was put with the Visitors Bureau two years ago. She said that last year this partnership grew 1700 new jobs. She said that there is growing interest in farms and there is continued growth. She outlined a few initiatives and thanked the Board for the proclamation. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION May 4-12, 2013 WHEREAS, the travel and tourism industry in Orange County is vital to our economic stability and growth, and the industry contributes substantially to our culture and quality of life; and WHEREAS, travel and tourism to Orange County, brings more than two million annual visitors to our communities — families and business travelers who frequent our galleries, performing arts halls, farms and Farmers' Markets; festivals, parades and sporting venues; and WHEREAS, overall travel to Orange County provides significant economic benefits to our tourism industry including hotels, restaurants, attractions, shopping and retail establishments, transportation operators, and others; and WHEREAS, tourism is a growth industry in Orange County generating $156.82 million in expenditures in 2011 — an increase of 8.8 percent over the previous year's figures — ranking Orange County 24th in travel impact among North Carolina's 100 counties according to the U.S. Travel Association; and WHEREAS, tourism provides high-quality experiences for visitors, strengthens Orange County communities and develops tourism-related livelihoods; and WHEREAS, state and local tax revenues from travel to Orange County amounted to $11.64 million in 2011, representing an $86 tax saving to each County resident; and WHEREAS, more than 1,650 jobs in Orange County were directly attributable to travel and tourism in 2011; and WHEREAS, travel generated a $28.72 million payroll in Orange County in 2011; and WHEREAS, our area attractions, welcome centers and tours hosted more than 2 million visitors in 2012; NOW THEREFORE, we, the Orange County Board of Commissioners, recognize the efforts of the Orange County Visitors Bureau and do hereby proclaim May 4-12, 2013 as NATIONAL TRAVEL AND TOURISM WEEK throughout Orange County, with the theme TRAVEL EFFECT which proves that along with its economic benefits, travel and tourism have the power to improve relationships and to create lasting family memories. Let's discover and appreciate Orange County's great heritage, which illustrates the importance of tourism to our County. This the 7th day of May, 2013. A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to approve proclaiming the week of May 4-12, 2013 as National Travel and Tourism Week in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS f. National Historic Preservation Month The Board considered proclaiming May 2013 as National Historic Preservation Month in Orange County. Todd Dickinson, Chair of the Historic Preservation Commission, in recognition of this month, asked the Board of County Commissioners to recognize this month. He read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS NATIONAL HISTORIC PRESERVATION MONTH PROCLAMATION WHEREAS, Orange County can be proud of its long history of recognizing and protecting its rich historic and archaeological resources through the dedicated efforts of individuals, non- profit groups, local governments and County government; and WHEREAS, Orange County continues to pursue partnership opportunities to preserve these important and often irreplaceable resources, to seek new and innovative ways to make local history engaging to the public, and to encourage others to do the same; and WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic and cultural backgrounds; and WHEREAS, Orange County has demonstrated its commitment to historic preservation by using the restored Alexander Dickson House in Hillsborough as a visitor center, conserving historic farmsteads at future County parks, preserving the historic Old County Courthouse, and designating important properties with historic and architectural significance as local landmarks; and WHEREAS, "See! Save! Celebrate!" is the theme for National Historic Preservation Month 2013, cosponsored by the Alliance for Historic Hillsborough, Preservation Chapel Hill, the Orange County Historic Preservation Commission and the National Trust for Historic Preservation; NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim May 2013 as National Historic Preservation Month and call upon the people of Orange County to join their fellow residents across the United States in recognizing and participating in this special observance. This the 7th day of May, 2013. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve a proclamation proclaiming May 2013 as National Historic Preservation Month in Orange County. VOTE: UNANIMOUS g_ Resolution in Support of Smart Start and NC Pre K The Board considered a Resolution In Support of Smart Start and NC Pre K and authorizing the Chair to sign. Chair Jacobs referenced the pink version with two legislative amendments and asked for clarification on this. Margaret Samuels, Executive Director, Partnership for Children, thanked the Commissioners for this resolution and the support. She said that there are only 2,000 days from when a child is born until they start Kindergarten and the support of the community makes these days invaluable. She said there were updates on funding included in the packet. She said there is not a Senate or House budget so it is difficult to make projections. She said that House Bill 935 passed the House today with two amendments. She said the first amendment in the packet was to move from poverty level for children from 100% to 130%. She said the other amendment is to delay the bill until July 1, 2014. She recognized former and present board members. She said Orange County has the best early childcare in N.C. and this is because of the support of the community and elected officials. She read the revised resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RES-2013-034 ORANGE COUNTY BOARD OF COMMISSIONERS Resolution In Support of Smart Start and NC Pre K WHEREAS, Orange County needs the most skilled employees now and in the future; and WHEREAS, communities that develop and retain skilled employees excel and spend less tax money on expensive remedial programs; and WHEREAS, public policies must support the development of the next generation of workers so that they can continue to innovate and lead; and WHEREAS, high quality early care, education and services support the early development and learning of young children, and make possible the development of a strong future workforce for our community and businesses; and WHEREAS, research shows that children who enter kindergarten healthy and ready to succeed grow to be job-ready workers who help businesses prosper and good residents who help communities thrive; and WHEREAS, Smart Start and NC Pre K help create a beneficial workforce, productivity and quality of life conditions in our state by reducing the achievement gap for at-risk and underprivileged children, producing better outcomes in education, health, personal productivity and economic vitality; and WHEREAS, Smart Start and NC Pre K contribute to the local economy of Orange County by supporting small businesses, creating jobs and allowing parents to work; and WHEREAS, Orange County supports strong education at all levels from preschool through higher education; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, strongly recommend the North Carolina General Assembly support current eligibility criteria and the current levels of funding, and consider increasing funding, for Smart Start and NC Pre K in the FY 2013-2014 budget and future budget years. This the 7th day of May, 2013. A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to approve a Resolution In Support of Smart Start and NC Pre K and authorize the Chair to sign. Commissioner Dorosin said he appreciated this resolution coming forward. He said this is more of the legislature's war on education. He said every child in N.C. has a constitutional right to a sound education and this particularly applies to those students who are at risk. He said that the state came forward in response, with this pre-K program. He said that the state then began to re-define who is at risk and began to exclude many students. He said that this program used to be the envy of many. Studies found that the pre-K program eliminated gaps. He said that he appreciates this issue being addressed. Commissioner McKee noted that he appreciated the wording change regarding eligibility criteria. VOTE: UNANIMOUS 5. Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from March 12, 21 and April 4, 2013 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for twenty-three (23) taxpayers with a total of twenty-six (26) bills that will result in a reduction of revenue, in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted of a resolution, which is incorporated by reference, to release property tax values for four (4) taxpayers with a total of nine (9) bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Re-appointment of Four(4) Deputy Tax Collectors The Board re-appointed Valerie Curry, Bernice Gwynn, Linda Jaubert, and Bobbie Underwood as Deputy Tax Collectors for two-year terms effective July 1, 2013. e. Consolidated Housing Plan Annual Action Plan/HOME Program The Board: 1) Adopted a Resolution, which is incorporated by reference, approving the FY 2013- 2014 Consolidated Housing Plan Annual Action Plan and authorize the Chair to sign; 2) Adopted a Resolution, which is incorporated by reference, approving the proposed HOME Program Activities for 2013-2014 and authorize the Chair to sign; and 3) Authorized the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. f. Community Home Trust Request— Homebuyer Requirements The Board approved a request from the Community Home Trust (CHT) to modify the homebuyer requirements for properties sold by the organization using federal, state, and local housing program funding, including the Affordable Housing Bond Program and the HOME Investment Partnership Program. g_ Legal Advertisement for Quarterly Public Hearing — May 28, 2013 The Board approved the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for May 28, 2013. h. Amendment Outline and Schedule for Upcoming Item — Eno Economic Development District Access Management Plan The Board authorized staff to proceed with steps for the development and adoption of the Eno Economic Development District (EDD) Access Management Plan according to the schedule proposed in the Amendment outline. L Requests for Road Additions to the State Maintained Secondary Road System The Board approved a recommendation to the North Carolina Department of Transportation (NCDOT) concerning a petition to add a subdivision road in Willowbend Subdivision (Willowbend Lane) to the State Maintained Secondary Road System. L Approval of Sewer Easement for Gravelly Hill Middle School The Board authorized the Chair of the Board of County Commissioners to sign easement documents for sewer utility and access for the Orange County Gravelly Hill Middle School. k. Approval of Contract with Holcomb and Cabe, L.L.P. to Provide Legal Services to the Department of Social Services The Board approved a contract for FY 2013-2014 legal representation for the Department of Social Services and authorized the Manager to sign. I. Renewal of Contract for Social Work Services Between Orange County Schools and Orange County Department of Social Services The Board approved renewal of the contract between the Orange County Schools and the Orange County Department of Social Services for the provision of eight Department of Social Services positions and related supervision to provide social work and case management services in the schools and authorized the Manager to sign. m. Renewal of Contracts with In-Home Aide Providers to Provide In-Home Aide Services to Eligible Adults The Board approved continuing the contracts to provide In-Home Aide Services with Arcadia Health Services, Inc., Premier Home Health Care Services, Inc., Personalized Patient Home Assistance, Inc., CNC Access, Inc., Flaircare, Inc., and TAMM, L.L.C. for eligible adults using a joint contract between the Department of Social Services and the Department on Aging and the Contractor and authorized the Manager to sign. 6. Public Hearings a. Proposed 2012-2013 Secondary Road (SR) Construction Program for Orange County The Board will hold a public hearing to receive public comments and discuss and concur with the North Carolina Department of Transportation's Proposed 2012-2013 Secondary Roads Construction Program for Orange County. DEFERRED b. Orange County CDBG Program — FY 2010 Scattered Site Housing Rehabilitation Program Amendment The Board received public comments regarding a proposed amendment to the County's FY 2010 Housing Rehabilitation Community Development Block Grant (CDBG) for the Scattered Site Housing Rehabilitation Program and the Economic Recovery CDBG Program and considered approving a resolution authorizing submission of the formal amendment document and authorized the Chair to sign. Tara Fikes said the County received $400,000 in grant funds for the Scattered Site Housing Program and $500,000 for the Economic Recovery Community Development Program in 2011. She said that the proposal tonight is to move one house from the Scattered Site Program to the Economic Recovery Program. She said there is also a proposal, for the Economic Recovery Program, to remove the initial plan of demolishing and re-constructing the house, and to add two new units. Commissioner Dorosin asked for an explanation of how home houses are selected for these programs. Tara Fikes said interested homeowners are placed on a waiting list and the requirements are considered in matching housing needs with program eligibility requirements. She said that every few years, there is a call issued to the community to determine who is served. Commissioner Dorosin asked how many are on the list, and Tara Fikes said about 15 homeowners are on the list. Commissioner Dorosin said he would like to see a map showing where these homes are located. He asked if the homes are owner occupied. Tara Fikes said all of the homes are owner occupied. A motion was made by Commissioner Rich, seconded by Commissioner McKee to receive public comments regarding a proposed amendment to the County's FY2010 Housing Rehabilitation Community Development Block Grant (CDBG) for the Scattered Site Housing Rehabilitation Program and the Economic Recovery CDBG Program and consider approving a resolution authorizing submission of the formal amendment document and authorize the Chair to sign. VOTE: UNANIMOUS c. Public Hearing on the Financing for Various Capital Investment Plan Projects and County Equipment The Board conducted a public hearing on the issuance of approximately $10,000,000 to finance capital investment projects and equipment for the year, and consideration of a related resolution supporting the County's application to the Local Government Commission for its approval of the financing arrangements. Clarence Grier reviewed the purpose of this hearing. He said that if this resolution is adopted, this will be brought back with the final financing June 4. He said the anticipated debt service, at its height (2015-2018), to be $723,000. Commissioner Rich asked for clarification on vehicle replacements and what this entails. Clarence Grier said this is for county cars, sheriff vehicles and all vehicles outside of Solid waste. There are approximately 35 cars. Commissioner Rich asked if the vehicles being purchased are hybrids. Clarence Grier said most of the vehicles are Prius. Chair Jacobs suggested that Clarence Grier share with the Board, the planned vehicle types for future agenda items. Commissioner Gordon referred to the community geothermal well projects and said that later in May there will be a facility space needs report for county buildings. She has asked that the wells not be sited in areas where buildings may be built in the future. She said that she would like the opportunity for the Commissioners to weigh in prior to siting decisions being made. This would allow the planning to be mindful of where future county building footprints will be. Frank Clifton said the best time to discuss this would be during Board discussions of a particular project. He said there is a plan laid out and Jeff Thompson will present this to the board. He said there are a lot of wells and piping to be done. He said this will likely come before the Board soon. Commissioner Gordon said that she understood that the facility space needs report would be coming in May. She wants to make sure that work has not already been done. Chair Jacobs said when Commissioner Gordon brought this up previously; Jeff Thompson said that there would be no work done on the geothermal wells before the end of the fiscal year. He said there would be time to discuss the siting in more detail. Commissioner Gordon said she said she would be comfortable if the Board agreed by consensus that they agree on this process to review wells before siting. RES-2013-040 Resolution Supporting an Application to the Local Government Commission for its Approval of a Financing Agreement for the County WHEREAS, The Board of Commissioners has previously determined to carry out the acquisition and construction of various public improvements, as identified in the County's capital improvement plan. The Board desires to finance the costs of these projects by the use of an installment financing, as authorized under Section 160A-20 of the North Carolina General Statutes. Under the guidelines of the North Carolina Local Government Commission, the Board must make certain findings of fact to support the County's application for the LGC's approval of the County's proposed financing arrangements. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, that the County makes a preliminary determination to finance approximately $10,000,000 to pay capital costs of various public improvements. The proposed list of projects and improvements to be financed appears on Exhibit A. The Board will determine the final amount to be financed by a later resolution. The final amount financed may be slightly lower or slightly higher than $10,000,000. Some of the financing proceeds may provide reimbursement to the County for prior expenditures on project costs, and some proceeds may be used to pay financing costs. BE IT FURTHER RESOLVED that the Board of Commissioners makes the following findings of fact: (a) The proposed projects are necessary and appropriate for the County under all the circumstances. (b) The proposed installment financing is preferable to a bond issue for the same purposes. The County has no meaningful ability to issue non-voted general obligation bonds for this project. These projects will not produce sufficient revenues to support a self-liquidating financing. The County has in the past issued substantial amounts of voter-approved bonds, and it is appropriate for the County to balance its capital finance program between bonds and installment financing. The County expects that in the current interest rate environment for municipal securities there would be no material difference in interest rates between general obligation bonds and installment financings for these projects. (c) The estimated sums to fall due under the proposed financing contract are adequate and not excessive for the proposed purpose. The County will closely review proposed financing rates against market rates with guidance from the LGC and its financial adviser. All amounts financed will reflect either approved contracts, previous actual expenditures or professional estimates. (d) As confirmed by the County's Finance Officer, (i) the County's debt management procedures and policies are sound and in compliance with law, and (ii) the County is not in default under any of its debt service obligations. (e) The County estimates that the maximum tax rate impact of paying debt service on the financing will be the equivalent of up to approximately 0.04 cents per $100 of valuation. Given this low amount and based on the estimated interest rates to be payable and the proposed financing term, the County expects to be able to repay the financing within current resources, and no actual tax rate increase related to this financing will be necessary. (f) The County Attorney is of the opinion that the proposed project is authorized by law and is a purpose for which public funds of the County may be expended pursuant to the Constitution and laws of North Carolina. BE IT FURTHER RESOLVED as follows: (a) The County intends that the adoption of this resolution will be a declaration of the County's official intent to reimburse project expenditures from financing proceeds. The County intends that funds that have been advanced for project costs, or which may be so advanced, from the County's general fund, or any other County fund, may be reimbursed from the financing proceeds. (b) This resolution takes effect immediately. 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 $5437750 capacity Communications System Improvements $1647000 Purchase of additional Viper Radios Twin Creeks Park - Phase II $6007000 Construction of a main entry road To place Water and Sewer infrastructure in the Buckhorn - Mebane Economic Development Buckhorn EDD Phase 2 $472567046 District Southern Human Services Center $2807000 Health Clinic and DSS Renovations Desktop, Laptop and Server Information Technology $5007000 Replacements Vehicle Replacements $6407503 Vehicle Purchases A motion was made by Commissioner McKee, seconded by Commissioner Rich to receive public comments, close the public hearing, and adopt the Resolution Supporting an Application to the Local Government Commission for its Approval of a Financing Agreement for the County. VOTE: UNANIMOUS Chair Jacobs asked Jeff Thompson about Commissioner Gordon's concerns regarding the geothermal well siting. Jeff Thompson said a space study report will be presented at the May 21 st meeting and the bid award for the project will be in June. Commissioner Gordon made a motion that no plans for geothermal wells be executed until the Board of County Commissioners has reviewed the space study update and the potential building footprints for county buildings. Commissioner McKee seconded. VOTE: UNANIMOUS d. Review of Unified Development Ordinance Text Amendments — Modification of Site Plan Submittal Requirements - Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board's recommendation, closed the public hearing, and made a decision on Planning Director initiated text amendments to the Unified Development Ordinance (UDO) in regards to the submission of formal, professionally prepared, site plans. Michael Harvey reviewed the background from the abstract. He said there are three options to choose from, which are detailed on page 7 of the abstract. These options are as follows: - Option A: Leave as is, no change. (i.e. only properties in the University Lake Watershed impacted). - Option B: Amend section requiring all watershed overlay districts with a 6% impervious surface limit be treated the same (i.e. professional site plan). - Option C: Eliminate requirement all together and require professionally prepared site plans only when stormwater thresholds are exceeded. Michael Harvey said the Planning Board and Manager's recommendation to amend the UDO, focusing on Option C. He said this does not alter the 6% impervious surface limit. He said the recommendation is outlined on page 2. Chair Jacobs noted that the ordinance is included as attachment 3 on page 14 of the abstract. Commissioner Rich said that she appreciates the inclusion of input from OWASA. Commissioner Dorosin asked Michael Harvey to explain how the change in option 3 does not change the requirements for the particular watershed areas. Michael Harvey said the only time a professionally prepared site plan is required for a single family residential project is in the University Lake protected watershed area. This amendment eliminates that specific requirement and bases it only on land disturbance. He said the 6% impervious surface will not be altered and this will still apply to University Lake. He said this will allow for single family residences to no longer need a professionally prepared site plan. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to receive the Planning Board's recommendation, close the public hearing, and/or adopt the ordinance contained in Attachment 3 which authorizes the text amendments to the Unified Development Ordinance (UDO) in regards to the submission of formal, professionally prepared, site plans. VOTE: UNANIMOUS 7. Regular Agenda a. Whitted 2"d Floor "A" Building Permanent Board Meeting Facilities The Board considered: 1) Authorizing staff to move forward with the project of converting the Whitted 2nd Floor "A" building into a permanent meeting facility for use by Orange County Government; 2) Affirming that the meeting space is to be shared with the Town of Hillsborough, the Orange County Schools Board, and, potentially, the Orange County Cultural Center as governed by a Board approved Operating Agreement; 3) Affirming that an Operating Agreement to be approved by the Board with the Orange County Cultural Center, including usage scheduling procedures, rates, and neighborhood interaction, will be presented to the Board at its September 5, 2013 regular meeting in conjunction with preparation of project construction documents (any improvements associated with the needs of OCCC in utilizing the facility will not be included without adequate funding commitment from the OCCC at the time of design); and 4) Authorizing the Manager to sign an amendment to the existing Architectural Professional Services Contract for Corley, Redfoot Architects totaling an amount of $110,500 for the design, engineering, and construction administration of the permanent meeting facility. Chair Jacobs, noted that the Board is aware of the various concerns of citizens and language has been added to the proposal to address these concerns. He asked people to bear with the Board in going through the process. Jeff Thompson reviewed the 4 board considerations listed above. He presented the following PowerPoint slides: Whitted Permanent Board Meeting Facilities BOCC Regular Meeting May 7, 2013 Intended Outcome: • Permanent Meeting Facility • Affirmation of Shared Use - Town of Hillsborough - Orange County Schools - OCCC Use • OCCC Operating Agreement Process • Designer Agreement Amendment General Background: • Use discussions over past several months • Maximum capacities: - 286 persons on floor - 192 parking spaces required • Approved uses for facility • Concept Plan Discussions Site Plan: (Map) Concept A: (Blueprint) Concept Plan A Included Features: • Full Restroom Facilities for maximum floor capacity • Site, parking improvements for 192 paved spaces • Improved access • Permanent Dais • Audio-Visual System • Acoustic Treatments • Interior Finishes • Adequate electrical, mechanical, installations • Elevator improvements • Security systems Concept B: (blueprint) Concept Plan B Additional Features: • Funded by OCCC, dependent upon operating agreement - Staging - Special Seating - Additional electrical, theatrical infrastructure All other items contemplated in base upfit for permanent meeting room Concept C: (blueprint) Concept Plan C Additional Features: • Interior Partitions and upfit for 20 individual offices and circulation areas Financial Impact • Schematic Budget: - $1.2 million - $1.4 million- for Meeting Facility only - Performance Center needs/costs would be addressed by Orange County Cultural Center Potential OCCC Shared Use Planning Guidelines • Board adopted Facilities Use Policy is guiding document • No leasing arrangements to potential users • Operating Agreement framework contemplated for potential arrangement with Orange County Cultural Center Key Date Estimates: • 5/7/13 - BOCC Action - Schematic Design Release • 6/18/13 - CIP Adoption • 9/5/13 - Schematic Design Approval - OCCC Operating Agreement Approval - Release of Bid Document Prep • 12/17/13 - Bid Award • 6/3/14 — Grand Opening Michael Talbert said that there are currently 219 spaces on site and this includes 22 street parking spaces. He referred to the site plan and said that area 6, to the east of the facility, as well as everything south of Tryon Street will be paved. He reviewed the slide on Concept Plan A features and said there will be 138 removable seats. He said that the elevator and security systems will be improved in all of the plans. He said that this is for the Permanent Meeting Facility improvement at an estimated cost of$1.2- $1.4 million. He reviewed Concept B and said the only difference from Concept A is the additional staging that, if approved, would be funded and provided for by OCCC as well as additional seating. He said that any additional lighting or theater features would also be funded by OCCC. He reviewed Concept C and said that the only difference from Concept A is the allotment of interior partitions for 20 offices and common areas. This cost is also between $1.2 and $1.4 million. He reviewed the Shared Use Planning Guidelines and asked the Board to move forward on the four decisions points. He said that the plan is to bring the schematic plan back before the Board on September 5th for approval to move forward and get a competitive bid. He said that the OCCC operating agreement will be brought forward at this same time. He noted that the agreement is a separate layer and that the meeting room plans will be moved forward with the Commissioners' blessing and the OCCC layer will be an addendum. Chair Jacobs said there were two items he and Commissioner McKee asked to be added: • 1. Meeting space to be shared with Town Of Hillsborough, OCS, and potentially the OCCC or other non-profit entity with appropriate operating agreement; and • 2. Before an operating agreement is approved with OCCC, there would be significant outreach to satisfy and address the concerns of the neighbors. Commissioner Price asked what will be done with areas 3 and 5, as designated on the Site Map. Jeff Thompson said area 3 has been proposed as an area to open up and allow street parking. He said area 5 is a soccer field and is untouched. Commissioner Price asked how non-profits would work with the proposed operating agreement. Jeff Thompson said the Facility Use Policy that would be the underpinning of any agreement and there is nothing in that document to prevent another non-profit from using the facility. Commissioner Price asked if there will be a first come first serve setup for other non- profits who want to use it. Jeff Thompson said the non-profits will sign up on website Commissioner Price asked if there would be an inter-local agreement with the Town or the school board. Frank Clifton said this is something to be worked though. He said there have been discussions, but no formal agreements made. He said he anticipates some arrangement on cost of utilities and opening and shutting down the facility. He said that this would likely fall back on the facility use policy and how this facility would fall within those parameters. He said internal efforts are focused on trying to develop a way to manage this facility, and there are some operational issues to address. He said OCCC would need to provide a calendar of events. Commissioner Dorosin asked about the intent of the space, on Option A, at the bottom of the picture. He asked about the intended use of the 4 smaller rooms. Ken Redfoot said one of these would be the Board of County Commissioners pre- function area or conference room. He said the other three areas include a storage area; small conference rooms; and an office area for security. He said these are the same in Concept A and B. Commissioner Dorosin asked if Concept C is the same as Concept A with this area re- done. Ken Redfoot said this is Concept A re-done. He said Concept C takes a partition across the space and introduces more office areas, while making a permanent board room out of the remaining space. Commissioner Dorosin asked of the foyer area is in Concept A and C. Ken Redfoot said the foyer is no longer in Concept C, but there is still a pre-function area with straight access in to the room. Commissioner Dorosin asked if the stage area in Concept B takes the place of the permanent dais in Concept A Ken Redfoot said the dais would be on top of the stage. He referred to the map and designated the desk area for the Commissioners and the moveable seats beyond that. He said these desks would be in place for the meetings, and then an additional flexible stage would be put in front of this to make a larger space for performances. Commissioner Dorosin asked if the seating area is to be raised in all concept plans. Ken Redfoot said this is not decided, but that the plan is for the Board of County Commissioners seating to be raised on a dais in all plans. Frank Clifton said the dais would be raised so wiring and equipment could be underneath. He said that the intention, in the event that the facility is not used for public activities, was to maximize the building's potential use for other county offices. He said this is why meeting space shrinks in option C and office space increases. Commissioner Pelissier asked about the storage space and said it has been stated that some non-profits need storage. Frank Clifton pointed out a large storage area next to freight elevator. He said this area could store extra seating and stage components. He said this is only meant for limited storage, and any other storage space would need to be off site. Commissioner Price said there needs to be clarification on this issue because there are expectations about the storage. Frank Clifton said there is limited space and this is not designed as a permanent storage space. Commissioner Price said the Hillsborough Arts Council needs space to store large puppets each year during their public workshops. Chair Jacobs said there would need to be a system to police the storage areas. Commissioner Pelissier asked when the Board will see real pictures versus schematic designs to get a sense of what things will really look like. Jeff Thompson said the Board took tours in 2010 of various meeting locations and Ken Redfoot can make 3-d pictures or models. Ken Redfoot said this would be part of the further development of the plans down the line. He said more tours can also be done if needed. Commissioner Rich asked about the permanent seating for Board of County Commissioners. She asked if there will be seating accommodation for other boards that might use the space. Frank Clifton said the space has been designed to accommodate other groups such as the Planning Department and other County entities. He said that the Commissioners are one of the largest boards. Commissioner Rich and Frank Clifton discussed a meeting room in Indiana with balconies and false ceilings, and Frank Clifton said this was considered, but there were issues. Ken Redfoot said there is significant budget devoted to audiovisual and technology. Commissioner Gordon said that there is no curved dais in Concept A or Concept C. She noted that Southern Human Services Center has a curved dais, which provides a seating arrangement that allows Board members to see each other easily. There is also a permanent electronic installation for computer devices. She asked if that is a contemplated design. Jeff Thompson showed a schematic of a curved dais and said this was discussed at length during the tours. He said this is in the list of considerations. Commissioner Gordon asked how the audiovisuals would be designed. She said the structure often drives the functionality of the audiovisual equipment. She asked for an explanation of how this would work in the space so that everyone can see and hear. Chair Jacobs reminded everyone that this is just the conceptual phase and asked if these issues can be addressed later in the process. Commissioner Gordon said it is very important to discuss this now and lock in on a concept for the audiovisual to avoid another scenario like Southern Human Services Center where some cannot see the presentations. Jeff Thompson said the audiovisual components of the facility are of utmost priority and this will be addressed throughout the schematic. Commissioner Gordon referenced the Commissioners' space and the difference between the "flexible meeting and closed session space" and the "BOCC Pre-function". She asked if this space is for the Commissioners use only. Jeff Thompson said yes. Commissioner McKee said there had been discussion about keeping the school board and the Town up to speed on these issues and asked if this is being done. Jeff Thompson said this is happening. Commissioner Price asked about monitors for viewing presentations. Jeff Thompson said this is being researched. Commissioner Price asked about space for quarterly public hearings and joint meetings with other entities. She asked about building accessibility and the use of steps on both sides of the dais, and she requested a ramp. Ken Redfoot said there is a ramp behind the dais, and one could be put on the side. Chair Jacobs clarified that, under no scenario, will the large room be split, and staff agreed. Chair Jacobs said a line of trees was planted east of the building, in commemoration of 9/11, and he asked of these will remain. Jeff Thompson answered yes. PUBLIC COMMENT: Max Wallace lives with his wife on West Tryon Street three doors east of the Whitted Building. He has been there 35 years and his wife is an artist. He has served on the Durham Arts Council and is sympathetic to the idea of a cultural center in theory, but is very concerned about the idea from the standpoint of a neighbor three doors down in a historic residential neighborhood with very small streets and no curbs. He said he works in research and data counts and he referenced a traffic count study he submitted in a letter to the clerk and the Board. He said that in a 20 hour study done on several days from 6pm to 10pm the average traffic was one car every 2 minutes and 35 seconds. He said there were several nights were there was little to no traffic for several hours. His full counts are included in his letter for item 7a in the abstract. He said he has no objection to the government use of the building but he does object to intense booking of the facility for events that will bring in 100 or more cars. This traffic and noise will fundamentally change the nature of the peaceful neighborhood. He pointed out that the facilities in Durham are built in the core of downtown, served by big roads and big parking areas. He said he would hope that another solution can be found for an intense program facility. Elizabeth Waugh Duford, Executive Director of Orange County Cultural Center (OCCC), thanked the Commissioners for the opportunity to speak about her strong belief in the vision of shared space and option A of the Whitted Building. She said she has been working with volunteers since February 2012 to move the shared space vision forward. She said that without the agreement for shared space, the future of the Cultural Center is unclear. She said this would be huge loss of opportunity to bring people of all ages and cultures together in Orange County. She said that, as a lifelong resident and a mother of four, she cannot stress what a benefit this center would be for young families in the County. She said children's art and music classes, teen film series, painting workshops for seniors, and many other workshops and exhibits, as well as gallery space for young artist would be wonderful. She said that the community has expressed a desire for this center. She expressed hope that this will draw additional visitors to downtown Hillsborough to support local business. She expressed hope that the Board will vote in favor of shared space at the Whitted Building. Steve Gardner lives on Tryon Street said he has spoken in the past about his opposition of a cultural center at Whitted. He said he read the OCCC Business Plan, and his concerns have escalated. He referred to proposals for street parking; closing Tryon Street during events; installation of speed platforms; use of shuttle buses; and the use of local police to enforce parking laws. He said that the proposals all address the needs of the cultural center to ferry large numbers of people to their destination in the historic district, but these proposals fail miserably in acknowledging the negative impact on the neighborhood. He said the residents chose to live in the neighborhood because of the small town charm, quiet streets and close proximity to the downtown commercial district. He said this is an old established historic area and despite the current zoning of the building, which is based on its past use, the residents never envisioned living next door to an event house. He respectfully asks the Commissioners to consider if this would be welcome in their neighborhood. He strongly believes this is not an acceptable venue for a cultural center and it would be highly detrimental to the quality of life of the residents and the downtown district as a whole. He urged the Board to reject the proposal. Paul Mitchell referred to a letter from his wife and he shared his concerns about the OCCC and the impact on parking, street access and noise levels in the community. He said he feels that the neighborhood is collateral damage for the Cultural Center's plan. Pat Revels, Vice Chair of the OCCC, expressed her desire that the Board will decide to partner with the OCCC in the use of the second floor of the Whitted Building. She said the OCCC has done its homework and is prepared and ready to take on the role of managing the non-governmental use of space in the multi-use facility. She referred to the timeline and financial plan. She stressed the benefits to the residents of Orange County through programs in visual arts, music and movement. She said the three year budget projection shows the plan to start slowly and find what works best in the community. She said the plan is viable and feasible but requires an agreement in principle with the Board. She said that only then can an operating agreement be formulated and the OCCC begin fundraising. She said the Whitted Building is the most ideal solution of all options OCCC has considered. She said the agenda submitted presents concrete solutions to address neighborhood concerns and OCCC takes the relationship with Whitted neighbors very seriously. She reviewed some of the organizations that have proposed partnerships with OCCC and said the potential is endless. Frank Miller presented the following petition to the board: Petition — Use of Whitted Building The Orange County Manager has recommended the Orange County BOCC authorize proceeding "with the Whitted 2nd Floor `A' building as permanent meeting space for Orange County Government; shared with Hillsborough and Orange County Schools and potentially for alternative arts use a governed by an Operating Agreement between Orange County and the OCCC." We, the undersigned citizens of Orange County, are supportive of using the space for meeting facilities for Orange County, to be shared with the Town of Hillsborough and Orange County Schools. We are also supportive of"alternative arts use" of the space by local no- profit groups for occasional programs of community interest. However, we are opposed to "alternative arts use as governed by an operating agreement between Orange County and the Orange County Cultural Arts Center (OCCC)." There is significant difference between `making space available for arts groups' and `promoting a location as an arts and tourist destination center' as proposed by the OCCC. We encourage the Orange County BOCC to authorize creation of a meeting space for public entities, to be shared with local arts groups on a permit basis managed by Orange County. Audrey Riley said she has been listening to all concerns and ideas and she said there is certainly a conflict between residents and the arts community. She said this seems like a perfect democracy. She said that for the OCCC to exist there has to be an approval of this particular space, as there has not been any other viable option. She said there will be an executive director who will need to be paid and there will be services provided to organizations who desire to use the space. She said the OCCC does not see itself as just another non-profit using the space, but it desires to provide a service to the community. She said the OCCC wants to partner with and listen to the community and the neighbors. She said there is a new member of the board who has agreed to be a liaison with the neighbors and there will be a committee formed with the neighbors to listen and plan together. She said this board can only function without being the Orange County Cultural Center and having funds to support an executive director and administrative costs. She urged the Commissioners to vote for the OCCC to manage the non-governmental use of the building. Commissioner McKee asked if, other than the liaison mentioned above, there have been any additional meetings or opportunity for community input since the meeting on April 4 th Elizabeth Waugh Duford said there has been one on one conversation, but there have been no group community meetings. She said other neighbors have been approached to serve on the board but so far only one liaison has volunteered. She said the desire is to work with a committee of volunteers from the neighborhood. Commissioner McKee said he assumed that any representation being sought would be for those that support as well as those that oppose. Elizabeth Waugh Duford answered yes, all voices are welcome. Commissioner Gordon referred to the OCCC Business Plan and budget on page 15. She said she was not sure if these facility fees would be a pass through to the county. Elizabeth Waugh Duford said this was not the intent. She said that the hope is that people who want to use the facility for non-governmental usage will see that there is value in the OCCC helping with marketing and site management. She said this is the facility fee that is being referred to. This will be a fee paid to OCCC for those services. Commissioner Gordon asked for clarification about OCCC's payment of facility fees. Elizabeth Waugh Duford said the OCCC would be contributing to a shared use of utilities and a custodian as their expense and facility fees Commissioner Gordon noted that this outlines an operating budget, but questioned where OCCC will get money for a capital budget. Elizabeth Waugh Duford said pricing of upfits is being done and as soon as the vote is passed to partner on space, a capital fundraising campaign will begin. Commissioner Gordon said there is reference to grants and fundraising with the operating budget, and she asked if there will be a separate campaign for capital funds. Elizabeth Waugh Duford answered yes. Commissioner Pelissier said that a non-profit will pay the county use fee and also an OCCC fee and she is confused by this. Elizabeth Waugh Duford said, in conversations with county staff, the understanding is that these issues would be governed by an operating agreement between OCCC and the county. Frank Clifton said the OCCC business plan just arrived this evening and if the board chooses to move forward, staff would work out these issues through an operating agreement with the OCCC or another county department that deals with facilities. He said the hope is that this entity is financially viable, but the County would not want to tie up the facility until it is certain. He said the County will stay heavily involved in the process. He said that he does not see this entity controlling the use of the facility for all non-governmental purposes, as this would cause issues with other entities. He compared this to the farmer's market arrangement. He said enthusiasm of the OCCC is a good thing but there also needs to be a realistic view of what will work and what is feasible. He said the Board needs to give direction on whether to move forward and then the more specific issues can be dealt with. Commissioner Dorosin suggested, as a way to begin the discussion, to first talk about whether there is a consensus on the desire for a permanent space. If the answer is yes, or if it is no, then what other uses are envisioned for this space. Finally, if a decision is made to have other uses of the space and arts are one of those uses, a decision needs to be made on whether this will be with OCCC or others. He said he feels that that consensus is to have the Whitted Building as a permanent public space, but he would like to hear a full vetting of that discussion as a starting point. Commissioner Dorosin said he would like to hear more from his peers about the relative pros and cons, before making a motion on the permanent space that will cost $1.2 million. Commissioner Rich said, when discussing cost, it is necessary to subtract the money being saved by not having to set up a room for every meeting. She said this will add up over time. She said having a permanent meeting space is fundamentally sound and she feels like a roving commissioner in the current setup. She feels that all the moving around is unprofessional. Commissioner Pelissier echoed Commissioner Rich and said there were past discussions about having a meeting room in the bottom of the Link Government Services Center, but this was not done because of funding issues at that time. She said the Board needs a permanent room and not a makeshift setup. She said this will also allow for an opportunity to have a better technology setup, which will change the climate for everyone. Commissioner Rich said she was initially concerned about the cost, but she feels it probably balances out in the end when considering the moving from place to place. She said she is encouraged with the idea of working with the Town of Hillsborough and OCS in one space that can be called home. Commissioner McKee said he was opposed to putting the meeting room at Link Government Services Center, but he feels different about this space. He said many of the costs associated with this meeting room have already been expended on other infrastructure and he is supportive of this meeting room. He is also supportive of other non- profits using the space. Commissioner Gordon said she has gone on record stating that a permanent meeting facility should be in downtown Hillsborough, near county buildings on the county campus and near the parking deck. She feels the Board needs a permanent meeting room. She supported it being built on the county campus but she sensed that her peers were not enthusiastic about this and the consensus is for the Whitted Building, so she is happy to be cooperative. She said that one needs to be sure this is a good facility for meetings, not only for the Board of County Commissioners, but for the public as well. Whether it needs to be in a residential area, she does not know. She said the ideal would be to have a space study update to know the county's office space needs before making decisions. She said the key for her is to have a good meeting facility and work out how to share. She said the question is to find out the details of how to work out issues with the OCCC and other community groups. She said she would prefer a downtown location, but given that this is not the will of the Board, the goal is to do the best possible thing for the Board. Chair Jacobs said one of the highest functions of government is to partner and to share. He said that to provide a facility that neighbors and partners can use is a good thing. He said that when doing the land swap with Town of Hillsborough at Fairview, Hillsborough was willing to forego building its own meeting space in a mature hardwood forest due to the possibility of a joint meeting space. He feels this is the fulfillment of a commitment. He said this is the most elegant public meeting space in this part of Orange County and it should be used as it was originally intended, as a public meeting space. He said the moving from meeting place to meeting place shows a lack of respect for the public and for themselves. He said that the right thing to do is to designate a consistent place with good technology and infrastructure for meetings. He said that if video streaming had been done over the past 20 years, it would have saved half a million dollars by not moving around. It allows all meetings to be streamed, making the Board more transparent and accessible to the public. He acknowledged Commissioner Gordon's concerns but said the idea of a community arts resource is attractive and the Board just needs to figure out how to make it work. A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to 1) Authorize staff to move forward with the project of converting the Whitted 2nd Floor "A" building into a permanent meeting facility for use by Orange County. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Price to 2) Affirm that the meeting space is to be shared with the Town of Hillsborough and the Orange County Schools Board; VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to 3) Authorize the Manager to sign an amendment to the existing Architectural Professional Services Contract for Corley, Redfoot Architects totaling an amount of$110,500 for the design, engineering, and construction administration of the permanent meeting facility. Commissioner Gordon said she thought there had been agreement on what Commissioner Dorosin had said earlier regarding the order for consideration of the issues. Chair Jacobs said this proposal was a general idea to start the conversation and articulate positions. VOTE: UNANIMOUS Commissioner Rich said she does not feel comfortable that the concerns of the neighbors have been addressed, and if the Board moves forward with an operating agreement then the neighborhood concerns may not be addressed. Commissioner Pelissier said she has the same concerns. She wants to see this space for arts and she wants to affirm that this is the intention; however, there are no parameters for the usage by OCCC. She feels there is a lot that has to be worked out and she feels more time needs to be allowed for the manager to work with OCCC and other groups. She noted that there are several groups that are partnering and others that are not and this needs to be factored in as well. She would like to specifically ask for more community meetings by OCCC and county staff. Commissioner Price asked about the legality of how this space can be used with an operating agreement with one specific organization and how this works with allowing others to use it. John Roberts said the county can designate an individual group to operate a facility, but he would be opposed to an operational agreement giving a non-profit group full access rights to a governmental facility. He said if the County decides to go that way, he would recommend a license agreement which allows the county to control the other access. He said there is no legality to prevent an operations agreement with this group though. Commissioner Dorosin said it seems there are two questions. One is regarding other uses for space, arts being one. He said that, in that context, there can be a discussion, especially regarding concerns of the neighbors. He said the primary concern seems to be with regard to big events, but not art classes and other smaller functions during the day. He said there may be some consensus already about this. He said that if there is agreement on this, then the question becomes whether this is something to work out with OCCC or with other groups. He said there are some advantages to having OCCC take over some of these responsibilities but he is hesitant to add another layer of bureaucracy. He wondered if there is a way to support the OCCC while accommodating other groups and the neighbors. Chair Jacobs said the easy part is that there is a desire to share the space, primarily for arts related uses, and by non-profit community organizations. A motion was made by Commissioner Dorosin, seconded by Commissioner Gordon to 4) Show support for additional uses for the Whitted space, primarily for arts related uses by non-profit organizations. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Price to: 5) Direct staff to work with the Orange County Cultural Center and other arts organizations on potential uses of the facility and direct those organizations and staff to have outreach meetings with neighbors and address their concerns. Commissioner Rich asked about the goal of this motion. Commissioner Pelissier said the goal is to make sure that any use policy is acceptable to the vast majority of the neighbors and that everyone has had input. She said this will also clarify that this is not exclusive to the OCCC but is open to all other arts related non-profits. Commissioner Gordon suggested the addition of wording to "address the neighbors' concerns." Commissioner Dorosin suggested a friendly amendment with restrictions on using the meeting space. He suggested specification of allowing art programs and small scale programs, but no large events. He suggested the friendly amendment to specify neighbors meeting to discuss how to effectively use art spaces, exclusive of large events in the big meeting room. Commissioner Pelissier said she is not ready to accept the amendment as she is not ready to take anything off the table. She said there has not been that much discussion with the neighbors up to this point and there needs to be. She said this is part of her motion. Commissioner Pelissier said she accepted Commissioner Gordon's clarification, that neighbor's concerns are addressed Commissioner McKee offered a friendly amendment that before any decision is made, a public hearing should be held to get input from the community at large. He then opted to drop this and make it a separate motion Chair Jacobs said he would be loath to take large events off the table at this point but he also does not want to proceed without a much more robust engagement of the neighbors and an attempt to address the concerns. VOTE: 6-1 (Commissioner Dorosin) Commissioner McKee made a motion to hold a public hearing to gain input before any decisions are made about operational agreements and to advertise it as a public hearing on this specific topic. Commissioner Dorosin seconded Commissioner Rich asked when this would happen. Commissioner McKee said this would happen before any final decision is made about the OCCC and it could happen at the September 5th meeting Commissioner Pelissier said her motion did not put a timeline and she questioned if all the answers need to be in by September 5th Frank Clifton said he assumes that design A is being taken and this leaves opportunities to do whatever might need to be done. Commissioner Pelissier clarified that this would not have to happen on September 5th She said she does not want to rush things. Commissioner Pelissier asked why this would be advertised as a public hearing, because it would confuse the public, as it implies different things. Commissioner Gordon clarified the motion with Commissioner McKee. Commissioner Gordon said it might be a good idea to have a broader hearing than just an operating agreement discussion. Commissioner McKee withdrew his motion and Commissioner Dorosin withdrew his second. Commissioner Dorosin said the first motion approved a meeting space, but he said that there was no designation of option A or option C. He asked if moving forward with option A tonight would prevent a decision in the future to create option C, or a modified version of A. Jeff Thompson said option C is an additional build-on for option A. He said that partitions can be done later in the process, and the only concern would be floor coverings and doors. Chair Jacobs clarified that option A offers the most options subsequent to the Board's approval and then permutations can be chosen later. Commissioner Gordon asked what level these plans will be prepared over the summer. Jeff Thompson said summer efforts will include programming, schematic designs, and getting the project to a point that it can come back to the Board in a format that is understandable. He said the question in September will be whether to approve the drawings to begin the building process with a bid award in December and grand opening in June. Commissioner Gordon said it seems that things are farther along than deciding what might be chosen. Jeff Thompson said there will be a point where the Board needs to instruct on specific plan additions. Commissioner Gordon said that the direction should be option A with an alternate of option C. b. Information and Resolution Regarding the Next Revaluation of Real Property The Board discussed the optimal year for the next revaluation including information about current market trends and statistics, current economic indicators, potential impacts, and potential full list and measure; and to consider approval of a resolution establishing the year for the next general reappraisal of real property in Orange County. Dwane Brinson, Orange County Tax Administrator, referenced a memo and said that there are two parts to this presentation. The first is the potential delay in reevaluation, and the second addresses the possibility of finding inaccurate records during the re-evaluation process. He said that the economy is improving and the sales ratio tells you what percent of the market value is represented by the tax assessment. A ratio of 1.03 indicates a tax assessment of 103% of market value. He said that the stats of the current market are steady and in line. He said that the quantity of sales is improving. He said that his main reason for recommending a delay is that, by the time a 2015 reevaluation is done, tax assessment and market value would be the same. This would mean roughly no change in tax assessments. He used the chart to illustrate this joining of values. He said the second issue is to determine what happens when an inaccurate record is found during the process. He reviewed the re-evaluation process and said there are instances where tax records do not reflect the actual features of the house. He reviewed a general statute listing the three instances for a tax refund: 1) Clerical error; 2) Illegal tax; and 3) Tax levied for an illegal purpose. He reviewed examples where tax value did not match house features and said there is no refund for those situations. He said that there is agreement for tax refunds when taxes are levied on structures that do not exist. He noted that the Real Estate Commission and the International Association of Assessing Officers (IAAO) both recognize a 5% margin of error in assessing properties. He said that the desire is to postpone the reevaluations until 2017 and then to make every effort to get values and records straight. Commissioner Dorosin clarified that the recommendation is to postpone re-evaluations until 2017 because values are getting too close for any substantive changes now. Dwane Brinson answered yes. Commissioner Dorosin referred to information about the School of Government and clarified that the Commissioners are not being asked to do anything related to that. Dwane Brinson said that the practice in Orange County does not do refunds for instances of square footage being off or an appraisal coming in different. Commissioner Dorosin clarified information in the abstract about hiring new people to do reevaluations in 2017. Commissioner Gordon asked about the full schedule of listing. She asked if residents know the assessor is coming and if there are assessments done both outside and inside. Dwane Brinson said the assessors rarely go inside of a house. He said, as far as notifying homeowners, various outlets can be used but is too hard to schedule individual viewings. There are attempts made to let them know an assessor is coming and that an assessor has been there. Commissioner Gordon asked about qualified versus unqualified sales. Dwane Brinson said qualified sales are reviewed by appraisers and include short sales and foreclosures. Commissioner McKee said Orange County has always been on a 4 year cycle and should have stayed on a 4 year cycle. He said this delay only further strengthens the perception that the County is avoiding re-evaluation in a down market. He said that the abstract acknowledges that the market is improving and he opposes a delay. Chair Jacobs noted that the resolution is contained in attachment 2 on page 4 of the abstract. Orange County Board of Commissioners A Resolution Establishing the Year of the Next General Reappraisal WHEREAS, Orange County conducted its most recent General Appraisal of Real Property effective January 1, 2009; and WHEREAS, the Orange County Board of Commissioners advanced its scheduled General Reappraisal of Real Property to January 1, 2013, pursuant to North Carolina General Statute (NCGS) 105-286(a)(3); and WHEREAS, after careful consideration, on May 15, 1012, the Orange County Board of Commissioners modified this schedule and postponed the effective date of the next General Reappraisal of Real Property to January 1, 2015, pursuant to North Carolina General Statute (NCGS) 105-286(a)(3); and WHEREAS, after careful consideration, the Orange County Board of Commissioners again desires to modify this schedule to postpone the effective date of the next General Reappraisal to January 1, 2017, as permitted by NCGS 105-286(a)(3); and WHEREAS, the Orange County Board of Commissioners also desires that the Orange County Tax Administrator continue to make an annual report to the Board regarding conditions in the market for real property; WHEREAS, the Orange County Board of Commissioners desires to return to its adopted four-year revaluation cycle after the 2017 revaluation; Now, Therefore, Be It Resolved, that the Orange County Board of Commissioners does hereby postpose the effective date of the next general reappraisal to January 1, 2017; Be It Further Resolved, that the Orange County Tax Administrator shall continue each year to make at least one report to the Board of County Commissioners regarding conditions in the market for real property; and Be It Further Resolved, that the Clerk to the Board shall forward a copy of this resolution to the North Carolina Department of Revenue as required under NCGS 105-286. Adopted this 7th day of May, 2013. A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to delay re-evaluation until 2017 and reinstitute the 4 year cycle after that. To approve and authorize the Chair to sign the resolution, establishing the Year of the Next General Reappraisal. VOTE: 6-1 (Commissioner McKee) Chair Jacobs noted that the time is past 10:40pm. He said that there is a policy issue on 8a that may take some time and he suggested the Board defer this item A motion was made by Commissioner Gordon, seconded by Commissioner McKee to defer item 8a to the May 21 st agenda. VOTE: UNANIMOUS 8. Reports a. Overview of County Marketing and Public Relations Projects The Board will receive an overview of the marketing and public relations projects being managed by the Director of Public Affairs. DEFERRED 9. County Manager's Report None 10. County Attorney's Report None 11. Appointments None 12. Board Comments Commissioner Pelissier— none Commissioner Dorosin — none Commissioner McKee said he and Commissioner Price attended the opening of the Walnut Grove Solid Waste Convenience Center today. He said this is a very nice facility and is open for use. Commissioner Gordon reported on the meeting of the Transportation Advisory Committee of the DCHC MPO. She said the Metropolitan Transportation Plan had been approved last time and the second part of the long range planning document is to adopt the Air Quality Conformity portion. She said these two documents are necessary for long range planning. Commissioner Price said she, Chair Jacobs and Commissioner Pelissier had put their names on a beam at the new hospital in Hillsborough. Commissioner Rich — none Chair Jacobs said that Commissioner Pelissier had petitioned that the Board meet with Alamance County and this has been postponed until after the budget season at Alamance County's request. He said there will be a meeting with the Durham City Mayor and Manager on May 15 and the Clerk has circulated a draft agenda. He welcomed suggestions. Chair Jacobs said there was a meeting last week with staff and Triangle Transit and Craig Benedict took notes that will be shared later. He said Triangle Transit was invited to the May 21St BOCC meeting to give the Board an update report. Chair Jacobs met with the Mayors of the three towns to talk about recycling and all three affirmed interest in being part of the same system through the 2013-14 fiscal year. Mayor Kleinschmidt said that Chapel Hill will still finish an independent investigation before deciding to proceed. Mayor Kleinschmidt expressed the hope that the County would implement roller carts and this will be addressed at the next CIP meeting to see if there is state grant money available for this. Chair Jacobs said he sent an email today regarding the Carrboro Library and his meeting with a representative of the developer. He invited the representative to come to the work session next week. 13. Information Items • April 23, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • BOCC Chair Letter Regarding Petitions from April 9, 2013 Regular Meeting 14. Closed Session A motion was made by Commissioner McKee seconded by Commissioner Rich to go into closed session at for the purpose of: "To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity." [N.C.G.S. 143-318.11(a)(9)] VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to reconvene into regular session at 11:25pm VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to adjourn the meeting at 11:25pm VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board