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HomeMy WebLinkAboutAgenda - 09-05-2013 - 5a 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 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 (Under Separate Cover) PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as listed below: April 25, 2013 BOCC Joint Meeting with School Boards May 9, 2013 BOCC Budget Work Session May 21, 2013 BOCC Regular Meeting May 23, 2013 BOCC Budget Public Hearing/CIP Work Session June 4, 2013 BOCC Regular Meeting June 18, 2013 BOCC Regular Meeting 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 3 DRAFT MINUTES 4 5 ORANGE COUNTY BOARD OF COMMISSIONERS 6 CHAPEL HILL-CARRBORO BOARD OF EDUCATION 7 ORANGE COUNTY BOARD OF EDUCATION 8 JOINT MEETING 9 April 25, 2013 10 11 The Orange County Board of Commissioners met for a joint session with the Chapel 12 Hill—Carrboro Board of Education and the Orange County Board of Education on Thursday, 13 April 25, 2013 at 7:00 p.m. at the DSS offices in Hillsborough, N.C. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Alice M. 16 Gordon, Mark Dorosin, Bernadette Pelissier, Renee Price, Earl McKee, and Penny Rich 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEYS PRESENT: Annette Moore 19 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers 20 Clarence Grier and Clerk to the Board Donna S. Baker (All other staff inembers will be 21 identified appropriately below) 22 ORANGE COUNTY BOARD OF EDUCATION MEMBERS PRESENT: Chair ponna Coffey 23 and Board Members Tony McKnight and Debbie Piscitelli. Superintendent Patrick Rhodes was 24 also present. 25 ORANGE COUNTY BOARD OF EDUCATION MEMBERS ABSENT: Steve Halkiotis, Anne 26 Medenbleck, Lawrence Sanders, and Brenda Stephens 27 CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS 28 PRESENT: Chair Michelle Brownstein, Mia Burroughs, and Board Members James Barrett, 29 Jamezetta Bedford, Gregory McElveen, Michelle Brownstein, and Mike Kelly. Superintendent 30 Tom Forcella was also present. 31 CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS ABSENT: 32 Annetta Streater. 33 34 Chair Jacobs reviewed information at their places. He said a decision had been made, 35 at the school collaboration meeting, to add a draft resolution on Pre-K, which will be addressed 36 when they get to that item. 37 Chair Jacobs said he appreciated that the boards can meet together like this twice a 38 year and he appreciates the amicable relationships. He feels that these relationships are 39 important in banding together against the onslaught on public education in North Carolina and 40 the United States. 41 42 1. Presentation of Oranqe County Schools and Chapel Hill Carrboro City Schools 43 Boards of Education Approved FY2013-14 Operatinq and Capital Budqets 44 45 Oranqe County Schools Presentation 46 47 Orange County Board of Education Chair ponna Coffey noted that four of their board 48 members were unable to attend tonight - Steve Halkiotis, Anne Medenbleck, Lawrence 49 Sanders, and Brenda Stephens. 2 1 Superintendent Rhodes thanked the Board of Commissioners for their support and their 2 investment in the schools over the years. He presented the following PowerPoint slides: 3 4 Orange County Board of Education's 5 Approved Budget 6 2013 —2014 7 Presented to the Orange County 8 Board of County Commissioners 9 April 25, 2013 10 11 Return on Investment 12 ✓ Increased levels of student achievement 13 ✓ Narrowed Achievement Gaps 14 ✓ High graduation rates 15 ✓ S.A.T. Scores exceed national average 16 ✓ Ranked 4th in the state on the combined A.C.T. scores for the 2011-12 17 junior class 18 ✓ Dropout rate is well below the 19 state average 20 21 Return on Investment 22 ✓ 5 star rated, licensed pre-k programs 23 ✓ A.L. Stanback Middle School was 24 designated as a Schoo/to Watch and 25 C. W. Stanford Middle School has the 26 N.C.M.S.A.'s Region 5 Team of the Year 27 ✓ Successful 1 to 1 laptop initiative (6-12) 28 ✓ Engineering is Elementary STEM 29 program at Central Elementary 30 School 31 32 Return on Investment 33 ✓ Covey Leadership model at Efland- 34 Cheeks Elementary School 35 ✓ Nationally recognized, award winning 36 arts and vocational programs 37 ✓ Model literacy partnership with 38 U.N.C. Chapel Hill 39 ✓ Virtual Enterprise Program 40 launched to support high school 41 entrepreneurs 42 43 Current Year Budget Overview (chart) 44 45 OCS Per-Pupil Funding Rankings* 46 Local Funding 4th 47 ✓ State Funding 79th 48 ✓ Federal Funding 107th 49 ✓ Total Funding 39th 3 1 North Carolina ranks 47th in the nation for state support of education** 2 Revenue Sources for 2012-13 (Pie Graph) 3 4 How Funds are Used (Pie Graph) 5 6 2013-2014 Budgetary Outlook 7 8 2013-14 Budget Drivers 9 ✓ Increased student enrollment 10 ✓ Federal Sequestration of 5.3% ($170,000) 11 ✓ Higher state discretionary reversion 12 ✓ Salary increase of 1% ($158,000) 13 ✓ Increased benefit & utility costs 14 15 2013-14 Budget Drivers 16 Unknowns 17 ✓ Virtual charters 18 ✓ School vouchers 19 ✓ Changes in the allotment system 20 ✓ Level of state funding 21 22 County Student Enrollment Projection 2013-14 23 NC DPI Certified Students 7,501 24 Less Out-of-District Students 89 25 Plus Charter School Students 254 26 Total Projected by the BOCC 7,666 2'7 Projected Enrollment Increase: 81 28 29 State Student Population Projections (Bar graph) 30 31 Student Eligibility for Free and Reduced lunch (Bar graph) 32 33 2013-2014 Federal Funding Outlook 34 35 Federal Funding Levels (Bar graph) 36 3'7 Impact of Federal Sequestration on OCS Programs 3g ✓ Title I $46,559 39 ✓ Title I I $11,200 40 ✓ Title III $2,829 41 ✓ IDEA $95,420 42 ✓ Career/Tech $3,705 43 ✓ 21 St Century $10,600 44 Total Reduction: $170,313 45 46 2013 - 2014 State Funding Outlook 47 48 State per Pupil Funding (Bar Graph) 49 50 Impact of State Funding Reductions 4 1 If the state funded OCS at the same level as 2007-2009, the District would receive a substantial 2 increase in funding. 3 4 ✓ 2007-08 $5,571 per-pupil $1,981,140 5 ✓ 2008-09 $5,768 per-pupil $3,442,880 6 7 Comparison of State Funding* (Bar Graph) 8 9 State Funding Reversions (Graph) 10 11 Limit the Impact of State Funding Reversions 12 Critical Need - $1,868,435 13 ✓ The state requires districts to revert money it originally funded to help balance the 14 state's budget 15 ✓ An increase of$80,337 from 2012-13 16 17 The Funding Reversions Result in Fewer Staff Positions (Graph) 18 19 Funding Reductions from the Governor's Proposed Budget 20 Reduction in funding for 27 $879,213 21 Teacher Assistants 22 23 State Textbook Funding (Graph) 24 25 Lottery Proceeds (Graph) 26 27 Lottery Funds 28 ✓ Cannot be used for day-to-day operations 29 ✓ Cannot be used for technology purchases* 30 ✓ Must be used for capital expenditures 31 *Legislators are discussing allowing the use of Lottery 32 Proceeds to purchase technology 33 34 2013-14 Local Funding Requests 35 36 Per-Pupil Allocation (Graph) 37 (Local Appropriation) 38 39 2013-14 Board of Education's Approved Budget 40 41 District Priorities for 2013-14 42 ✓ Safety and security enhancements 43 ✓ Academic rigor 44 ✓ At-risk programs 45 ✓ Elementary student access to technology 46 ✓ S.T.E.M. initiatives and opportunities 47 48 Unfunded Mandates 49 Cost Increases 50 ✓ Salary increase of 1% (Governor's Budget) $158,000 5 1 ✓ Local retirement contribution $46,000 2 ✓ Hospitalization Cost (Increase of$260 per Employee) $60,000 3 ✓ Utility cost increases $79,000 4 Totallncreases: $343,000 5 6 Expansion Budget Requests 7 ✓ Local school safety appropriation $220,000 8 ✓ Reading Teacher at Central E.S. $55,000 9 ✓ Pre-K itinerant E.C. teacher $55,000 10 Total Expansion Budget Requests $330,000 11 12 Total Unassigned Fund Balance (Chart) 13 14 Total Fund Balance Appropriation 15 ✓ Recurring Expenditures $686,643 16 ✓ Salary Increase of 1% (Governor's Budget) $158,000 17 ✓ Increase in Charter School Payout $46,807 18 Total Fund Balance Appropriation $891,450 19 20 Requested Increase in Per Pupil Funding 21 ✓ Per Pupil Allocation at the 2012-13 level $24,278,222 22 ✓ Requested Per Pupil Increase of$158 $1,211,228 23 Total Local Requested Funding $25,489,450 24 25 The Board of Education's Recommended Local Budget Request for 2013-14: 26 $25,489,450 27 28 Funding Recommendations 29 ✓ County Per Pupil Allocation $25,489,450 30 ✓ County Fair Funding $494,000 31 ✓ Fines and Forfeitures $202,500 32 ✓ Interest $70,000 33 ✓ Appropriated Fund Balance $891,450 34 Total Local Funding: $27,147,400 35 36 Requested Local Budget 37 ✓ Improves school safety and security 38 ✓ Supports innovative and successful student 39 centered programs 40 ✓ Prevents teacher assistant job loss 41 ✓ Continues to provide an excellent 42 return on taxpayer investment 43 44 Commissioner porosin arrived at 7:10. 45 46 Superintendent Rhodes, referring to the slide on Budget Drivers, said the Governor's 47 Budget is an unknown factor. He said it has been stated that there is no more funding to be 48 approved for schools until problems in Health and Human Services are fixed. He said he is not 49 planning for any additional funding, other than what the Governor has already identified. 6 1 Superintendent Rhodes referenced the slide on 2013-14 Budget Drivers and said that 2 there are 667 homeschoolers in Chapel Hill/Carrboro/Orange County and 416 home schools. 3 He said that if a virtual charter is established, and half of those students sign up, this would 4 equate to a drop of just over a million dollars in funding. 5 He noted the all time high in students eligible for free and reduced lunch, and said that 6 schools are a safety net for many students. He said that the spikes in 2010-11 Federal Funding 7 Levels were due to the stimulus and stabilization efforts. He said that the current year federal 8 funding amount is unknown, but it will be lower and affected by sequestration. 9 He said that the impact of funding reversions has been absorbed in ways that protect 10 the classroom up to this point. He said this has resulted in cuts to the central office staff and all 11 staff inembers are now doing multiple duties. He said recurring fund balance reserves have 12 also been spent. 13 He said that the proposed budget reduces the funding for teacher assistants, and this 14 will result in the loss of teaching assistant positions in grades 2 and 3 across the state. He said 15 that the budget presentation included the claim of increasing teaching positions to cut class 16 sizes; however the increased teaching positions simply mirror enrollment growth. He stressed 17 the importance of small class sizes and said teacher assistants are critical in maintaining this. 18 Superintendent Rhodes referred to the slides on Local Funding Requests and said the 19 Board of Education is requesting an additional $158 per student for the coming year to increase 20 the per pupil appropriation. He said this was approved on Monday night. 21 He said that several one-time needs have been identified for the unassigned fund 22 balance, including the 50 year old steam lines at Orange High School, which are leaking and 23 will require a minimum of$1 million to repair. 24 Superintendent Rhodes introduced and played a student video regarding the laptop 25 program. 26 Superintendent Rhodes said the school board appreciates the financial support for the 27 laptop 1 on 1 program through the quarter cents sales tax. He said this has resulted in better 28 student performance and fewer suspensions. 29 Commissioner porosin asked if students have to turn the laptops in at graduation. 30 Superintendent Rhodes said the laptops are returned and re-cycled for the next set of 31 students. These are used for four years before being refreshed. 32 Commissioner Price asked how many students still need laptops. 33 Superintendent Rhodes said 4100 were deployed for students and 800 for staff. He said 34 all high school and middle school students have laptops. He said that if funding is approved, 35 computers will be purchased for 4th and 5th graders in the coming year; these will not go home 36 with the lower grade students. 37 Commissioner Pelissier thanked the board for providing information on what the schools 38 get for their county funding. 39 Commissioner Price gave kudos to the students who produced the video, and 40 Superintendent Rhodes said this was done by students from Cedar Ridge High School. 41 Chair Jacobs asked what is paid for through fair funding. 42 Superintendent Rhodes said that funding pays for resource officers and school nurses. 43 He said the legislators denied matching grants funding school resource officers and other 44 security measures. 45 Chair Jacobs said he asked Congressman Price about federal funding and was told that 46 there had been discussions. 47 Chair Jacobs thanked the board for the presentation and expressed appreciation for all 48 that OCS does. 49 50 Chapel Hill Carrboro City Schools (CHCCS) Presentation: 7 1 2 CHCCS Chair Michelle Brownstein said Annetta Streater could not attend tonight, as 3 she is out of town. 4 CHCCS Superintendent Tom Forcella thanked the Board of County Commissioners for 5 all of their support. He presented the following PowerPoint presentation: 6 7 2013-14 Board's Budget Request 8 April 25, 2013 9 10 Challenge: 11 ■ To move toward the fulfillment of our mission and vision while, at the same time, being 12 cognizant of the extraordinarily difficult economic times 13 14 Change Process 15 ■ Driven by Mission/Vision/Guiding Principles in Long-Range Plans 16 ■ Building Internal Capacity 17 - Culture 18 - Practices and Procedures 19 - Staffing 20 ■ Focus 21 - Common Language of Instruction 22 - High Quality Staff 23 - Use of Resources 24 - 25 Impact of Financial Support 26 ■ Every elementary and middle school had an attendance rate of 96% or higher 27 ■ Cohort graduation rate is 90% (versus 80.4% for state) 28 29 Impact of Financial Support 30 ■ Per North Carolina ABC's 31 - Three Honor Schools of Excellence 32 - Eight Schools of Excellence 33 - Six Schools of Distinction 34 - 16 of 17 schools met high growth 35 36 Impact of Financial Support 37 ■ SAT 38 - 197 points above state average 39 - 184 points above national average 40 - 90% participation rate (versus 68% state and 52% national) 41 42 Long-Range Planning Initiative 43 ■ Greenhouse Project 44 ■ Guiding Principles 45 - "Growth Mindset" 46 - Equity Focus 47 - Professional Development 48 - Positive School Culture 49 - Accountability & Oversight 50 8 1 Major Initiatives 2 ■ FPG Dual-Language Magnet School 3 ■ Northside Elementary 4 ■ "Institute for Learning" — Professional Training and Development 5 6 Setting Priorities 7 ■ Instruction and Common Core 8 - Professional Development— IFL 9 - Literacy and Math Coach Training 10 - Leadership Development 11 - Common Language about Instruction 12 ■ Safety 13 14 Setting Priorities - Instruction 15 Expansion 16 M.S. Literacy Coaches $280,276 17 Prof. Development and Curriculum 141,425 18 $421,701 19 Related Reduction 20 In-School Suspension $144,000 21 Middle School TA Reduction 280,276 22 $424,276 23 Efficiency Reductions $420,000 24 25 2013-14 Budget Drivers 26 ■ Opening Northside Elementary School 27 ■ N.C. General Assembly Long Session uncertainty 28 ■ Slow economy 29 ■ Continuing cost increases: mandates, supplies, textbooks 30 ■ Student enrollment growth 31 ■ Federal Sequestration 32 ■ Elementary class size in grades 4 and 5 33 34 2013-14 State Student Enrollment Projection 35 2013-14 State Enrollment Projection 12,256 36 2012-13 State Enrollment Projection 12,129 37 District Projected Enrollment Increase 127 38 39 CHCCS Student Enrollment (Graph) 40 41 42 Local Continuation Budget Requests 43 New School Openinq Operatinq Request 44 ■ Operating costs: Opening of Northside Elementary $1,915,208 45 State Mandates 46 ■ Employer health insurance match increase— est. 5% increase $ 250,000 47 ■ State retirement match increase—from 14.23% to 14.59% $ 185,000 48 ■ Employee Salary increase— 1% for locally-paid staff $ 405,000 49 ■ Non-personnel cost increase for new students $ 38,607 50 Subtotal $ 878,607 9 1 Continuation of Current Services 2 ■ Increase in State Discretionary Reduction (if Lottery funds are lost) $ 134,574 3 ■ Federal Sequestration — est. at 8% of Federal budget $ 464,000 4 ■ 4 Math coaches 9 - expiring RttT grant funds $ 280,276 5 ■ IFL Professional Development Contract $ 254,000 6 Subtotal $1,132,850 7 TOTAL OF CONTINUATION BUDGET REQUESTS $ 2,011,457 8 9 CHCCS Mandated Cost Increases 2007-08 to 2013-14 (Graph) 10 11 Local Expansion Budget Requests 12 Direct Support to Students 13 ■ Reduce elementary class size to 1:26 average $ 500,000 14 ■ Reduce high school core class size to 1:26 average $ 350,000 15 ■ Provide schools with an increase in instructional supply budgets $ 40,000 16 ■ 4 Literacy coaches at middle schools $ 280,276 17 ■ Exceptional Children: 1.0 fte system level teacher - $70,069; 18 2.0 ftes system level teacher asst. - $69,620; 1.5 ftes PreK 19 teachers - $105,104; 2.5 ftes PreK teacher assts. - $86,900; 20 classroom supplies - $18,000; computers - $17,000; 21 .5 psychologist - $37,871; PreK transportation - $15,000 $ 419,464 22 ■ 2 Teacher assts. For Section 504 students $ 69,520 23 ■ Information Technology: 3 ftes for new technology assts. — 24 $135,000; salary retention adjustment - $18,000; $ 153,000 25 ■ Temp replacements for positions not covered by State $ 35,000 26 ■ Transportation — 3 ftes for additional bus drivers $ 97,554 27 Subtotal $1,944,814 28 29 Local Expansion Budget Requests 30 Professional and Staff Development and Curriculum Support 31 ■ World language professional dev., subs., and stipends $ 11,125 32 ■ English Language—Arts class 3D and instruct. Planning stipends $ 24,600 33 ■ Budget and Finance— staff dev. Funds for staff and bookkeepers $ 2,000 34 ■ AVID/AIG memberships, PD, curriculum materials $ 14,200 35 ■ Math staff dev., substitutes, stipends, summer materials $ 89,500 36 Subtotal $ 141,425 37 Safetv and Securitv Related Requests 38 ■ Security and Safety: Review and Support $ 120,000 39 40 Local Expansion Budget Requests 41 General and Administrative Support 42 ■ Facilities Management— Central Warehouse custodial supplies $ 135,000 43 ■ Human Resources — Recruitment advertising - $5,000; Recruitment 44 events - $10,000 $ 15,000 45 ■ Superintendent's Office - Increase in attorney fees - $10,000; increase in 46 Leadership Team workshop budget - $1,515; Superintendent's staff 47 development— $1,080; Publications - $1,500 $ 14,095 48 Subtotal $ 164,095 49 GRAND TOTAL OF EXPANSION REQUESTS $2,370,334 50 10 1 Projected Local Budget Balance 2 Total: Northside, Continuation & Expansion 3 I ncreases $6,296,999 4 Less: Local Budget Reductions and Reallocations ( 895 276) 5 Subtotal $5,401,723 6 Less: Inflationary Increase —special district tax ($ 286,522) 7 Add: Adjustment to other Local revenues 69 634 8 Amount of Requested Per Pupil Increase $5,184,835 9 Current budget$38,368,205 + $5,184,835 = $43,553,040/12,234 10 students = $3,560 per pupil rate; $3,560- $3,167- $393 increase 11 The Board's Budget Request assigns $3,222,913 in Local fund balance to balance the 12 2013-14 budget. 13 14 State Legislation Unknowns 15 ■ Governor's proposed budget: $1.1 million cut to teacher assistants 16 ■ Charter Schools Bills: More funding shared with charter schools 17 ■ Budget Flexibility and Class Size 18 ■ School Safety Bill 19 ■ Teacher Tenure/School Reform 20 21 NC Average Teacher Compensation vs. National Average (Graph) 22 23 State Teacher Compensation 24 ■ 15 years to earn $40K 25 ■ 2008-09 6th year teacher earns $36,670 26 ■ 2012-13 6th year teacher earns $31,670 27 ■ Co-pays continue to increase 28 ■ Proposed increases in license fees 29 Note: Based on Bachelors Salary Schedule 30 31 Culbreth Science Wing 32 ■ Long standing need, on CIP since 2002 33 - Existing labs lack water, space, windows, few hands on lessons, poor sequencing 34 ■ Unsuccessful QSCB application 2012 35 ■ Cell tower revenue funded a single lab 36 ■ Design funded with 12-13 CIP funds 37 ■ BOE resolution requesting funding on Feb 7, 2013 38 39 Culbreth Science Labs 40 ■ 6 Room Science Lab Addition 41 ■ Addresses required code issues 42 - Bathrooms, electrical, fire alarm, emergency generator, etc. 43 ■ Provides small assembly space 44 ■ Likely increases building capacity by 104...a 2 year delay for MS #5 45 46 said CHCCS will be opening a new school this year (Northside Elementary) which will 47 increase costs. He said this makes the budget look a little worse, but this must be done due to 48 the increase in students. He noted that the CHCCS 90% graduation rate is one of the highest in 49 the state. 11 1 Superintendent Forcella reviewed the positive impacts of financial support and said that 2 there is still room for improvement in the achievement gap. He stressed the need for long term 3 planning and professional development in achieving this. He said the FPG Dual-Language 4 School is a first in the district, and this is almost like opening a second new school. 5 He said that a task force has been set up to address safety plans for facilities and 6 classrooms. He said the other piece of safety is to address the mental health piece of the 7 puzzle, and to provide assistance to children who need help and might go unnoticed. 8 Referring to the slide on Setting Priorities, Superintendent Forcella said that the goal is 9 to continue the literacy coaching into the middle school to create a K-12 continuum. He said 10 that when adding this, something has to be cut, and in this case it is In-school suspension and 11 Middle School Teacher Assistants (TAs). He said efficiency reduction has to do with using staff 12 more efficiently. He said examples of this include creating larger classes, combining classes, 13 or having teachers teaching classes at multiple schools. 14 Commissioner porosin referenced the slide on setting priorities and asked how many 15 Literacy Coaches would be hired and how many TA's would be reduced? 16 Todd LoFriese said that 4 coaches will be hired, and 8 teaching assistant positions will 17 be lost. 18 Commissioner Gordon asked about the new teaching models of interaction versus 19 lectures and how this helps the lower achieving students. 20 Superintendent Forcella said the students are engaged and involved in the learning 21 process and this creates a much deeper level of thinking. He said not everyone is comfortable 22 memorizing information and this model gives clear expectations and gives a better 23 understanding of the context of the learning. 24 Commissioner porosin asked if the literacy coaches are trainers for other teachers and 25 Tom Forcella said yes, these coaches are training adult teachers in this teaching model. 26 Todd LoFriese picked up the PowerPoint presentation on page 3 with the slide on 2013- 27 14 Budget Drivers and reviewed the remaining slides. 28 Commissioner McKee said the sequestration rates were different between the two 29 school systems. 30 Todd LoFriese said the there has been a lot of discussion about the class sizes in 31 grades 4 and 5, where there are some classes with 30-31 students. He said this is a direct 32 result of discretionary reductions from the state. He said the district reduction of$3 million 33 equates to 50 teaching positions that the schools would otherwise have. 34 Todd Lofriese reviewed the Continuation Budget Requests and said CHCCS are in the 35 same position as Orange County in terms of the impact of sequestration, and there is an 36 estimated 8% reduction reflected in the budget. He noted the last line on the Projected Local 37 Budget Balance slide and said that this is based on the Board continuing to assign the fund 38 balance at an increased level of$3.2 million. He said this is likely the last year that this will be 39 possible. He said it is unknown how the Teacher Tenure/School Reform will affect the ability to 40 recruit teachers. He noted that NC is currently 47th in the nation in teacher pay, trailing the 41 average by nearly $10,000. He noted that experienced teachers make $5000 per year less 42 than 4 years ago. 43 Commissioner McKee noted that the sequestration rates were different between the two 44 school systems. 45 Todd Lofriese said the CHCCS number was recommended by the finance officer and 46 Superintendent Rhodes said OCS based this number on an estimate average of districts that 47 ranged from 4% to 11%; and a middle ground was chosen. 48 Commissioner McKee noted the OCS $17,000 item under exceptional children and 49 asked for elaboration on the status of computers in the classrooms. 12 1 Superintendent Forcella said the goal is to reach a two to one ratio for computers, which 2 is required for testing. He said the biggest issue is making sure all students have access. He 3 said there is also a community based program to buy computers for children who don't have 4 them. 5 Todd Lofriese said that $17,000 figure is specifically for exceptional children and may be 6 specialty technology for the hearing or visually impaired population. 7 Commissioner McKee he wanted to make sure that internet access is not exclusive to 8 the rural parts of the county. 9 Chair Jacobs said Congressman Price asked the districts to identify the consequences 10 of sequestration so that he could articulate its impact on the residents. 11 Commissioner Pelissier asked for an explanation of how teacher salaries decreased. 12 Todd Lofriese said these reductions relate to hiring teachers. He said the General 13 Assembly has frozen wages and the steps in wages. This has resulted in compression and 14 teachers have stayed at the same rate for years. He said this means that many seasoned and 15 new teachers have the same salary. 16 Commissioner Pelissier asked for an explanation of Northside and the high costs to 17 open a new school. 18 Todd Lofriese said there are a variety of operational costs from utilities to custodial and 19 cleaning support. He said the state also does not fully fund assistant principals in all schools. 20 The supplement pay for additional principal and assistant principal comes from local funds. He 21 said many teacher assistants are locally funded because the state does not fund 1:1 teacher 22 assistants in grades 1-3. He said local funding is also needed for support services, such as for 23 exceptional children program facilitators, social workers, and guidance counselors. 24 Chair Jacobs noted that Page 2.8 in CHCCS budget has the cost breakdown. 25 Commissioner Pelissier asked if these local funded positions pertain only to the 26 elementary level. 27 Todd Lofriese said the great majority are elementary staff. He said this budget is in line 28 the budget for the opening of Morris Grove Elementary. 29 Commissioner porosin clarified that the salary compression figures do not include the 30 local supplement. 31 Todd Lofriese said the county funds directly support the local supplement, so this is a 32 percentage on top of the salary, dependent on years of experience. 33 Chair Jacobs said the message he is hearing is, when it comes to public education, 34 North Carolina is becoming the stingiest state. 35 36 37 38 2. Other Discussion Items: Pre-K, Leqislative Update, and Culbreth Science 39 Winq Debt Financinq Scenarios 40 41 Pre-K discussion moved to end of ineeting. 42 43 Leqislative Update 44 Both school boards touched on this in their Power Point presentations. 45 Superintendent Rhodes said the greatest concern to the OCS board is the charter 46 schools legislation. He said this legislation will allow charter schools access to district budgets. 47 He said there have been court cases in which North Carolina School Districts were required to 48 pay out fund balance and other reserves to Charter Schools. He also mentioned the virtual 49 Charter School potentials. 13 1 Superintendent Rhodes referenced bills to allow homeschoolers and private schoolers 2 to play on public school sports teams and participate in extra-curricular activities. He said this is 3 an example of inequities that exist. He noted that charter schools do not have to pay the state 4 sales tax. He said In Florida there is a movement to set up vouchers for public school students 5 to go to other schools; and this is one of many examples of movements that he feels de- 6 legitimize public education. He said the one size fits all reform models do not help all the 7 districts. He said he has never seen this level of legislative activity associated with public 8 schools. 9 Commissioner porosin said he too believes that there is a movement to de-legitimatize 10 public education. He said the vouchers and bills are designed to incentive people to leave 11 public education. He said that the Charter Schools are not really a choice for everyone 12 because there is no requirement for free and reduced lunch to be offered. He said these 13 Charter Schools are more racially and socio-economically segregated than Public Schools and 14 he expressed anger about what is happening to Public Schools and said the County needs to 15 raise a collective voice to uncover what is happening. 16 Superintendent Forcella said the governor's budget includes a reduction in teacher 17 assistants that would equate to a loss of about $1 million for the district. 18 Chair Jacobs said there will be more discussion of Charter Schools and some creative 19 approaches to prevent the district from being a sitting duck for the raiding of funds. 20 Commissioner Price asked both school systems to clarify what cuts are being made to 21 teachers in the face of budget cuts. She asked if this will affect class sizes or course offerings. 22 Todd Lofriese said both of these issues could be a reality. He said, with the 23 discretionary reductions going back to state, the cuts equal over $3 million. He said this leads 24 to the 30-31 student class sizes, as this reduction means 50 teachers less. 25 Commissioner Price asked if this reduction has already taken place and if it will 26 continue. 27 Todd Lofriese said this reduction has been happening since the 2009-2010 school year. 28 Superintendent Rhodes said there was a reduction of 33 teachers for OCS. 29 Todd Lofriese said this has not just affected teachers. The district has returned funding 30 for teacher assistants as well. He said there has been an attempt to use fund balances to fund 31 these positions. 32 CHCCS Chair Brownstein said the class size really does matter in the lower grades, and 33 with the some of the bills in legislation there will be an effect on K-3. This will stretch teachers 34 thin and impact school safety and behavior. 35 OCS Chair Coffey said public schools struggle with educating the public about what is 36 going on with their public education system. 37 Chair Jacobs referenced the segregation occurring in schools in Mississippi and 38 Alabama and how the voucher system will only worsen this situation. He agreed that there 39 needs to be an effort to fight back against what is happening and to educate the public about 40 the value of quality public education. 41 Commissioner Price asked if anything has been done to support legislative efforts to 42 help with the situation. 43 Superintendent Rhodes said the CHCCS has passed several resolutions in opposition of 44 many bills and Representative Foushee has been very supportive. 45 Commissioner Price asked about the Board of County Commissioners sending a letter 46 or resolution expressing their viewpoint on the situations. 47 Chair Jacobs said this viewpoint was expressed at the legislative breakfast but a letter 48 can also be sent. 49 CHCCS Chair Brownstein said the legislative delegation is aware of this but their efforts 50 have been frustrated. 14 1 Commissioner Price suggested that a letter be sent to the governor and other counties 2 be made aware of this effort in hopes that they join. 3 Chair Jacobs suggested the board consider a petition at agenda review. 4 CHCCS Board Member Gregory McElveen suggested that efforts to impact legislation 5 should leverage the link to the business community. He said changes have an impact on the 6 appeal of the state to those considering bringing jobs to here. 7 8 Culbreth Science Winq Debt Financinq Scenarios 9 Chair Jacobs recognized the members of the public wearing yellow t-shirts in support of 10 this science wing. 11 Paul Laughton, with Orange County Finance Administrative Services, reviewed 12 attachments D1 and D2 included in the packets. He said, at the last CIP work session, the 13 Board of County Commissioners requested that staff bring back two scenarios in reference to 14 the science wing addition. CHCCS has included this in the unfunded new school facilities 15 section of their budget. He said that the CHCCS CIP calculates pay as you go funds, lottery 16 funds, and article 46 sales tax funds. He said anything above that will be items that need 17 financing and will be listed as unfunded. 18 Paul Laughton referenced attachment D1 and the 15% annual debt service policy. He 19 said this policy states that the county strives to maintain annual debt services cost at a level no 20 more than 15% of general fund revenues. He reviewed how this amount is formulated and 21 reviewed the numbers from the Total Annual Debt Service, which includes current debt service 22 and stretches through a five year plan. He stressed that this is a planning tool and said that it 23 is re-evaluated each year. He noted the projected growth of 1.5% each year until it goes to 2% 24 in year 5. 25 Paul Laughton said the projects listed on this sheet are those projects currently in the 26 CIP. He said this sheet adds the Science Wing. He noted that the current recommended CIP 27 reflects a $1.2 million dollar debt capacity overage in year 2017-18; however, with the Science 28 Wing inclusion and all else remaining the same, this overage number grows to $1.74 million 29 over debt capacity (15.89%). 30 Paul Laughton referred to the salmon colored sheet- attachment 2D- which lists option 31 2. He said this option puts the science wing in the years the schools have requested. He said 32 this also adds the science wing with 6 classrooms. With these classrooms added, CHCCS 33 says the need for middle school #5 could be delayed for 2 years, until 2016-17. This option 34 creates a debt capacity of 14.23%, which leaves $1.5 million in available debt capacity. He said 35 these scenarios take the district through year 5; however the overage in year 6, for option 1, is 36 $5.1 million and for option 2 the overage is $2 million. 37 Paul Laughton said the district needs to look at how much debt can be taken on and 38 how it looks outside of year 5. Paul Laughton said this debt is consistent with what has been 39 requested with debt proceeds. He said that, realistically, Culbreth would do one time financing 40 the first year, to total $4.9 million; and then middle school #5 would follow that project. He said 41 the middle school is a $39.8 million project. He said all of this depends when the financing is 42 done and the timing will change the debt capacity and the amounts of overage on the 15% debt 43 capacity. 44 Frank Clifton said the state created a new board a year ago that reviews debt separately 45 from the LGC, who authorizes debt. He said projections for the general fund are conservative 46 but not unrealistic. He said some of the lack of growth in the county's general fund budget is a 47 result of state activity and is beyond the control of the county. He said the county could decide 48 to move forward on the science wing, only to be required to defer something else in a couple of 49 years. He said this just needs to be kept in mind when making decisions. 15 1 Commissioner Gordon asked to see the last two slides from CHCCS. She noted that if 2 the middle school is moved back two years, while putting the science wing in, it improved the 3 scenario and debt service is now under the 15% level. She said the CIP is approved for 5 years 4 and funded for the first year, and this proposal improves the debt service picture for the 5 year 5 period. She re-visited the slide information showing this improvement in the debt service 6 picture when compared with the manager's original CIP recommendations. 7 Todd Lofriese said the last two slides provide a brief overview of history and some 8 information about the proposed science wing addition. He reviewed the information on the 9 PowerPoint slides as follows: 10 11 Culbreth Science Wing 12 ■ Long standing need, on CIP since 2002 13 - Existing labs lack water, space, windows, few hands on lessons, poor sequencing 14 ■ Unsuccessful QSCB application 2012 15 ■ Cell tower revenue funded a single lab 16 ■ Design funded with 12-13 CIP funds 17 ■ BOE resolution requesting funding on Feb 7, 2013 18 19 Culbreth Science Labs 20 ■ 6 Room Science Lab Addition 21 ■ Addresses required code issues 22 - Bathrooms, electrical, fire alarm, emergency generator, etc. 23 ■ Provides small assembly space 24 ■ Likely increases building capacity by 104...a 2 year delay for MS #5 25 26 CHCCS Board Member Jamezetta Bedford asked for clarification on the Cedar Ridge 27 High School (CRHS) proposed wing, which is listed in 2015 on one CIP sheet and then as a 28 need in ten years on SAPFO. 29 Superintendent Rhodes said there are many sub-divisions coming on line; and OHS 30 capacity had been downgraded significantly, so there is a request for this to happen. 31 OCS Chair Coffey added that it was discovered that Hampton Pointe is not even on the 32 radar for capacity and CRHS is already over capacity and Orange High has been reassessed. 33 She said this will come sooner than originally thought and the district projections are standing. 34 Chair Jacobs reviewed the location of Hampton Pointe and noted that the new 35 apartment developments have not come online yet. 36 OCS Chair Coffey said the district has not seen the CAPS sheets for these new 37 developments. 38 Craig Benedict said SAPFO projections are based on the students who show up in 39 school as of November. He said there are five different models that project forward and are 40 averaged all together. He said as soon as children come to school, projections are affected. 41 He said that this means the wing for Cedar Ridge might be ten years out at one point, but it 42 may be moved forward as projections change when students show up for schools. 43 He said the models show there is not a need for new capacity in OCS schools, but that 44 could very well change with the new development. 45 Chair Jacobs asked about the $39 million for the new middle school and if this number 46 includes land. Several people answered no. 47 CHCCS Board Member Jamezetta Bedford asked if OCS has numbers that do not 48 include the addition of CRHS. 16 1 Paul Laughton said the addition was kept in because it was in the OCS CIP last year. 2 He said this dialogue was continued due to student generation rates. He said the project has 3 been moved back to year 3. 4 Commissioner porosin asked about newer developments that are not being counted. 5 He questioned, coming out of a recession period, how attuned the county is to new 6 developments and how quickly numbers can be revised. 7 Craig Benedict said there are two parts to the SAPFO process- 1. Projections based on 8 historical patterns, and 2. The Certificate of Adequate Public Schools (CAPS) System, which 9 estimates seats left in a school, and then uses a student generation rate assigned to a 10 development type to gauge it against those seats. He said this is looked at when a 11 development requests certificates of occupancy; and if necessary, the development will be 12 asked to delay a certificate of occupancy to allow time for building the school. He said that 13 spikes are handled very quickly with a technical advisory committee managing adjustments in 14 the CIP. 15 Commissioner porosin said he is encouraged that the science wing will delay the new 16 proposed school, however he feels that there should be a constant awareness of the need to 17 increase capacity. 18 Commissioner Rich noted that Culbreth is not only building a new wing but is also 19 upgrading an older school in a holistic manner. 20 Todd Lofriese said there will not be a complete building renovation but there will be 21 some upgrading as a result of the wing. 22 CHCCS Board Member Greg McElveen asked about debt capacity. He noted that the 23 manager's proposed CIP budget said, in Scenario 2, the debt capacity would be exceeded in 24 year 6. He asked what happens after year 6. 25 Frank Clifton said it is hard to say at this time. He said this wing project is an unfunded 26 project that got into the system and there may be other unfunded projects that enter the system 27 in the coming years. He said there is flexibility there from one year to the next, and the county 28 is in good financial shape. There are just some issues with limits on when debt can be issued. 29 He noted that for the past 4 years, taxes have not been raised, but debt has been issued. 30 Clarence Grier said that in either scenario where the capacity exceeds 15% in year 6, 31 the percentage would likely continue to rise after that. This is because there will likely be issues 32 with bond rating and debt issuance. 33 CHCCS Chair Brownstein asked if the current CIP has the same issues with overage. 34 Frank Clifton said there are proposals to defer projects for a year or two at a time. 35 CHCCS Chair Brownstein asked for clarification on the difference between the color 36 sheets and the white CIP sheets. 37 Frank Clifton said staff was asked to provide the two different scenarios and this was 38 just a response to that request. 39 CHCCS Chair Brownstein said the same problem seems to exist on both sets of papers. 40 CHCCS Chair Brownstein asked where things go from here. 41 Chair Jacobs said this will come back to the Board of County Commissioners for CIP 42 discussions, and then there will be public hearings on the proposed budget. May 9th is the CIP 43 work session and public hearings will be held on May 23�d and May 30tn. 44 Commissioner Price asked when the science wing would open, if it is funded. This was 45 answered, August of 2014. 46 Superintendent Rhodes said there is a need for auxiliary gym at CRHS. 47 OCS Chair Coffey said this is scheduled for 2014. 48 Chair Jacobs said projections are just projections and Orange County is projecting 49 conservatively. He said a similar discussion was held in 2001 regarding a bond referendum 50 proposal. 17 1 2 Pre-K 3 CHCCS Chair Brownstein said this conversation has gone on for the past two years to 4 address having Pre-k in their elementary schools and its impact on capacity. She said the idea 5 behind the draft resolution is to have something in writing about the district philosophy on the 6 value of pre-k; and to create a consensus on decisions regarding capacity and when new 7 schools need to come on board. 8 Chair Jacobs noted several sheets at the Commissioner's places from the different 9 schools, relating to pre-k numbers. 10 OCS Chair Coffey said only one elementary school in the district has been built since 11 the 1996 school construction standards, so this is the only school that allows for pre-k. The rest 12 of the pre-k classes are absorbed by the current elementary capacity. 13 Chair Jacobs said the issue is how to count these classrooms toward school capacity. 14 He said some may feel that, by counting pre-k toward capacity, the county will rush too quickly 15 to having to build another elementary school. He said there was no consensus among the 16 three Chairs on how to finish the wording on the resolution because each of them came at it 17 from a different position. 18 CHCCS Chair Brownstein said the resolution is pretty factual, and then the meat of it is 19 the last paragraph, which discusses how the issue will be addressed. 20 Chair Jacobs said if no one has anything to add, this can be hashed out at school 21 collaboration. 22 CHCCS Board Member Jamezetta Bedford said that both school systems support 23 reflecting reality and that schools are very much overcrowded when you count these pre-k 24 classrooms. 25 CHCCS Chair Brownstein said there is not a version of SAPFO with and without these 26 classrooms. She said this would give a better view of the implications. She said this may be 27 needed in the school collaboration meetings. 28 Chair Jacobs said the Board is very supportive of Pre-K, but there is also not a mandate 29 for the county to provide that space. He said if Pre-K is moved into the SAPFO numbers, then 30 the schools start "bumping" into capacity issues and CAPS. He said he is skeptical at this 31 point. 32 Commissioner porosin said one issue is that these pre-k classes have fewer students 33 than a first or second grade class, and classrooms are underutilized from a space standpoint. 34 He asked if some pre-k classes are half days, and the answer was no. 35 Commissioner porosin said one thing to consider is a designated pre-k center. He said 36 some counties have this and it does not run up against SAPFO numbers. 37 Chair Jacobs said there are three sites at Twin Creeks. He said there has been 38 discussion about making one of these three sites into a joint Pre-K/administrative facility. He 39 said there have been previous discussions about this; however parents felt it was better to have 40 the pre-k spread throughout the elementary schools where they could move up into the 41 elementary grades. 42 Commissioner porosin said Pre-K is in a tenuous spot with the General Assembly and 43 there are question marks about funding and how this will look six months from now. 44 CHCCS Chair Brownstein said the other link to this is that the new school construction 45 standards require a classroom for pre-k. This means there will be some adjustments needed if 46 a stand- alone site is chosen. 47 Chair Jacobs said numbers could be run for classrooms and for students to see how it 48 all works out. This can then be discussed at the next meeting. He said the pre-k classrooms 49 are an adjunct to what is going on in the building. He also addressed the safety implications of 50 having kids apart from the main building. 18 1 CHCCS Board Member Mia Burroughs asked if there can be agreement on philosophy, 2 without inclusion of the last paragraph. 3 Chair Jacobs suggested agreement on the "whereas" statements with more time to 4 digest the therefore statements. 5 Commissioner porosin noted the third whereas, which mentions co-location and he 6 asked for clarification on what this means. He feels that there needs to be broader thinking. He 7 suggested that the co-location sentence be removed. 8 Commissioner Rich clarified that schools built now are required to have pre-k on 9 campus and said that this would have to be changed. 10 CHCCS Board Member Mia Burroughs said she is comfortable taking that sentence out. 11 12 A motion was made by Commissioner porosin, seconded by Commissioner Gordon to 13 approve the three "whereas" paragraphs in the draft resolution (with the removal of sentence 14 proposed by Commissioner porosin) below: 15 16 Whereas, children who are at risk for school failure are more likely to succeed in school 17 and in later life if they attend a high quality preschool. North Carolina and national studies 18 have shown repeatedly that good preschool programs give children long term advantages in 19 cognitive and social development. Studies that track preschool graduates into adulthood 20 demonstrate positive impact on graduation rates, employment and arrest records. 21 22 Whereas, the public schools in Orange County provide pre-kindergarten programs for 23 three and four year olds in order to improve the participants' success throughout their school 24 careers. This investment is good for the individual students and should also reduce the 25 districts' expenditure for specialized intervention services. 26 27 Whereas, the school systems are an integral part of a network of preschool providers in 28 Orange County who are willing to accept subsidies for low income children provided by the 29 state and federal preschool programs. The schools help their preschool students' transition 30 successfully to kindergarten by aligning their curriculum and services with the rest of the public 31 school program. Schools include their Pre-K programs in their efforts to evaluate what works 32 and to continuously improve outcomes for children. 33 34 Commissioner Pelissier said she thinks this isn't an opinion issue but is about what 35 works best. She said there needs to be information put forth to thoroughly discuss this issue. 36 Commissioner porosin said he is specifically addressing the older schools, where this is 37 an issue for the schools. 38 Commissioner Pelissier said, even with the older schools, the basis for decisions should 39 be based on information about what really works best in Pre-K. 40 Commissioner Gordon said the main point is that Pre-k education is valuable. 41 Chair Jacobs said on June 12 at 10am there will be another school collaboration 42 meeting and this will be addressed further at that time. . 43 44 VOTE: UNANIMOUS—Board of County Commissioners 45 46 Commissioner Pelissier said it would be helpful to run some scenarios to see how this 47 issue affects debt capacity. 48 Commissioner McKee said there was no discussion on the "therefore be it resolved" 49 paragraphs and he feels the Board of County Commissioners needs to address this sooner 50 rather than later. 19 1 2 3 3. Overview and Analysis of Education Fundinq Provided to the Chapel Hill 4 Carrboro City Schools and Oranqe County School Districts in Relationship to the 48.1% 5 Fundinq Tarqet 6 Clarence Grier reviewed the history of the 48.1% Funding Target, as listed in the 7 abstract. He said that in 1999-2000 the Board of Commissioners and both school districts got 8 together to decide on consistent funding options. He reviewed the funding information as listed 9 in attachment a. 10 He said that in half of the years since the funding target was implemented, the schools 11 have been funded above the funding target and the other half fell below the target. He said the 12 property tax rate increases in 2000 and 2008 have also been used to fund the school districts at 13 48.1%. He noted that the General Fund Budget has gradually decreased since 2008. He 14 reviewed the inclusions in operational funding and the numbers on attachment B. 15 Clarence Grier reviewed attachment C and noted that even though there may be 16 enough debt capacity to add a school, the debt service has an effect on the operational funding. 17 Clarence Grier said when looking at educational funding by source, it can be noted that 18 ,back in 2000, the state was the largest funder of education. Moving forward to look at 2013, 19 the county portion equates to about $15-16m for school funding. He said that as state funding 20 has decreased the county's portion has increased. 21 CHCCS Board Member Mike Kelly asked Clarence Grier to add the school boards 22 budget to the numbers. 23 Clarence Grier noted that enrollment has increased by 23% since 2000. 24 OCS Board Member Debbie Piscitelli asked if new facilities coming online could 25 negatively affect the 48.1% figure for the opposite school system. 26 Clarence Grier said yes, it could and said this goes both ways. 27 Frank Clifton said he sees a reliance on the 48.1% funding by both school systems 28 growing and he said that school debt impacts operation. He said that the debt comes on one 29 year and then the payments start the next year. He said that the operational dollars are lower 30 once the debt comes into play. This has been lessened by lower interest rates, but this will 31 change as rates rise. He said this needs to be looked at. 32 Chair Jacobs asked Clarence Grier if the annual per pupil allocations can be added to 33 the sheet, and Clarence Grier said yes. 34 35 CHCCS Board Member Jamezetta Bedford asked if it is it still true that residential 36 growth does not pay for itself, and Frank Clifton answered yes. She asked if there has been 37 any progress with economic development, and Chair Jacobs answered yes. 38 CHCCS Board Member Mike Kelly referenced Debbie Piscatelli's comment regarding 39 the impact of new schools and asked how this can be managed. 40 CHCCS Board Member Mia Burroughs said there is growth in CHCCS and building out 41 is not so far away. She said there is more room for growth in Orange County and this is a 42 challenge that can go either way. 43 CHCCS Board Member Jamezetta Bedford referenced the great amount of older 44 schools in both systems and said these needs will be significant and there is not sufficient 45 money to cover them. She said there have been studies about this and it is just now being 46 touched on. She said this needs to be in the back of peoples' minds as it will need to be 47 addressed. 48 Chair Jacobs said there are many forms of equity, and one system should not receive all 49 of the funding while the other district sits and watches. He said that $1 million went to Orange 20 1 High and then the rest of the money went to the Chapel Hill School System. He said that there 2 needs to be continual discussion to prevent putting any school system at a disadvantage. 3 OCS Chair Coffey expressed appreciation for the opportunity to come forward to 4 discuss this with the Board of County Commissioners. She expressed a desire for more 5 collaboration and input for future agendas for these joint meetings. 6 7 The meeting was adjourned at 10:08 pm. 8 9 10 Barry Jacobs, Chair 11 12 Donna S. Baker 13 Clerk to the Board 14 15 16 17 18 19 20 21 22 23 24 25 1 1 Attachment 2 2 3 DRAFT 4 5 MINUTES 6 BOARD OF COMMISSIONERS 7 BUDGET WORK SESSION 8 M ay 9, 2013 9 7:00 p.m. 10 11 The Orange County Board of Commissioners met for a Budget Work Session on Thursday, 12 May 9, 2013 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners, Alice M. Gordon, 15 Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich 16 COUNTY COMMISSIONERS ABSENT: Commissioner Mark Dorosin 17 COUNTY ATTORNEYS PRESENT: 18 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers 19 Michael Talbert, Clarence Grier and Deputy Clerk to the Board David Hunt (All other staff 20 members will be identified appropriately below) 21 22 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 23 AGENDA FILE IN THE CLERK'S OFFICE. 24 25 1. Continuation of Review and Discussion of the Manaqer's Recommended FY2013-18 26 Capital Investment Plan (CIP)cc 27 Chair Jacobs called the meeting to order at 7:01 PM. 28 29 Frank Clifton said that debt service for the County represents 17.3 cents on the tax rate 30 this year. 31 Commissioner McKee arrived at 7:03 PM. 32 Frank Clifton said the budget is about the same level as 4 years ago in terms of the 33 general fund. The County has a very good bond rating. The plan is to deliver the Manager's 34 Recommended Budget on May 21 St based on these discussions, with no tax increase. He said 35 this is probably the last year of no tax increase. 36 Chair Jacobs said this is the third time the County Commissioners have discussed the 37 CIP. He went through the items at the County Commissioners' places: 38 - Agenda item from March 19th on the SAPFO 39 - CHCCS summary of State budget reductions over a five-year period 40 - A memo from CHCCS on a potential school site at the Greene Tract 41 - A memo from OCS on a number of topics: student membership projections and 42 some disputed SAPFO projections 43 44 Paul Laughton from Financial Administration made this presentation. 45 Discussion ensued on the order of items to discuss. 46 47 Emergency Services Meadowlands: 48 Paul Laughton made reference to page 13 of the CIP notebook and briefly explained 49 this project. 50 2 1 Northern Human Services Center: 2 Chair Jacobs asked about the schedule for this project. 3 Jeff Thompson said the award for the design contract comes back on June 4tn 4 Commissioner McKee asked if there was a plan to use the wings on this facility. 5 Jeff Thompson said there is no programming, but there is discussion about the cost 6 benefits of doing so. 7 Commissioner Price asked about the possibility of a library/cybrary. Also, EMS could 8 use this space. 9 Frank Clifton reminded the Board that this project is at $2,000,000 now. Any significant 10 changes from the plan will increase this. He also clarified that the discussion about an EMS 11 station would be a separate building entirely. 12 13 Seymour Center: 14 Paul Laughton said there is nothing in the next five years for this project. 15 16 Southern Orange Campus future planning: 17 Paul Laughton said this is for the future planning of this campus area. 18 Frank Clifton said there are no specific guidelines at this time for this area. This will not 19 affect the budget for this year. 20 21 Southern Human Services Center: 22 Paul Laughton said this expansion includes a dental clinic in year 4. This is $6.65 23 million in year 4. 24 Chair Jacobs asked about the operating costs of the dental clinic in this part of the 25 County. 26 Frank Clifton said the Health Department is having discussions with Piedmont Health 27 about having an operating agreement where the County provides the facility and Piedmont 28 provides the staff. 29 30 Southern Library: 31 Paul Laughton said that the other parts of the funding besides the planning have been 32 pushed out for a year. This is explained in Attachment B. The reason it was pushed back is 33 because the debt service was too high for year 5. 34 Commissioner Price asked to flag this and said she would not like to push this back a 35 year. 36 Commissioner McKee said he thinks the $600,000 should be pushed back also. 37 Commissioner Gordon said she would be willing to flag it because she does not 38 understand completely why it was pushed back. 39 Commissioner Pelissier said she does not want to delay the $600,000 because it sends 40 a message to Carrboro that this is being delayed. 41 Chair Jacobs made reference to an email from him about 130 W. Main St. and the 42 property behind this, the Butler Property. The Board of Alderman discussed library options for 43 these two properties. The Board can discuss this at the proper time. 44 Frank Clifton said it is all about timing of debt. 45 Commissioner Price said since it is not known regarding the type of facility, then these 46 numbers are hypothetical. 47 48 Link Government Services Center: 49 Paul Laughton said there is nothing new in this project in the next five years. 50 3 1 HVAC Projects: 2 There are three items in this for the next two years. 3 Commissioner Jacobs asked about the $20,000 for Efland Community Center and it was 4 answered that it was for equipment replacement. Chair Jacobs said this should be flagged and 5 moved up because this is needed in 2013-14 instead of 2015-16. 6 7 Affordable Housing: 8 There is $170,000 for year one, which is for future impact fee reimbursements. 9 Commissioner Pelissier said she recalls asking Habitat to let the County know about the 10 new home projection. 11 Chair Jacobs said that there is no bond money dedicated to affordable housing at this 12 time. He said one of the things that is being suggested in following up from the retreat is to have 13 some goals about affordable housing and promote it and be more aggressive. 14 15 Information Technology: 16 Year one has $650,000 for equipment; $250,000 for library software; and $50,000 for 17 BOCC initiatives. There is $450,000 for the out years. 18 Chair Jacobs asked about streaming the Board meetings and it was answered that this 19 technology is included in the CIP. 20 21 Register of Deeds Automation: 22 This is consistent with previous years. There is $75,000 for next year and $80,000 in 23 the out years. 24 25 Animal Services Facility: 26 Year four has $100,000 for an emergency power generator. 27 Commissioner McKee asked if this was a replacement of an existing generator. 28 Frank Clifton said that a lot of buildings have been made generator ready and this is a 29 strategic need. 30 Paul Laughton said Emergency Services is looking at potential grant funds also. 31 32 Proposed Jail: 33 Site related planning costs are included for 2013-14 of$250,000. This is for a 250-bed 34 facility. Construction cost estimates range from $80-120,000 per bed. Year 3 and 4 include 35 design work estimates and year 5 includes construction costs. 36 Frank Clifton said the State authorized a 50-year lease on the land for this, which is 6.8 37 acres. The property is on the eastern side of NC 86. All of this property is State-owned property. 38 39 Whitted Building: 40 Attachment A addresses this item. This is $1.4 million. 41 Commissioner Price asked how flexible the $1.4 million was. Jeff Thompson said the 42 number could be tightened up after the design. 43 44 Energy Bank: 45 This provides funding for projects that reduce energy/water demand at County facilities. 46 This is $50,000 for the next two years. 47 48 Environment and Agriculture Center: 49 This allocation is in year 5 and is $1.3 million. 4 1 Commissioner McKee made reference to the entrance on the east side where there was 2 water coming under the door after the rain. 3 Commissioner Price asked if the building was ok right now. 4 Jeff Thompson said the building needs upfitting. The business case is weak to invest in 5 the building at this time. 6 Chair Jacobs said the Blackwood Farm is also an option and these two projects are 7 intertwined. 8 Commissioner McKee asked if there were two HVAC systems in that building and it was 9 answered yes, there are multiple systems. All of the systems would not have to be replaced. 10 It was answered that the issue is the way the air is distributed. It is difficult to keep 11 everyone comfortable in this facility. 12 Jeff Thompson said in the February work session there was a discussion of space 13 planning with the Department of Environment, Agriculture, Parks and Recreation (DEAPR) 14 15 Government Services Annex: 16 This has $350,000 for HVAC replacement in year 5. 17 Commissioner McKee asked if there was a plan for what to do with this building. 18 Frank Clifton said there have been discussions about this. There is a discussion soon 19 about space studies. He said it is probably time for another thorough analysis. 20 21 Historic Rogers Road Neighborhood Community Center: 22 There was $650,000 appropriated this year and nothing else appropriated for the out 23 years. 24 25 Viper Radio System: 26 The appropriations in the out years are for the towers over the next 5 years. 27 Frank Clifton said there is a study underway about the best location for the towers. 28 Commissioner McKee said for years Emergency Services has gotten the short end of 29 the funding stream, and the result of that was increased response time. He wants to make sure 30 Emergency Services stays ahead of the curve. 31 Commissioner Pelissier said she heard a presentation yesterday about the VIPER 32 system and asking the State to expand the system. She asked if the State allows the expansion 33 of the VI PER system, if this would allow the State to build towers. 34 Jim Groves said most of the activity would be in the western part of the State. 35 Commissioner Pelissier said they were told it was from the east to the west. 36 Frank Clifton suggested not waiting on the State for this. 37 38 Communication System Improvements: 39 This was Attachment D. The Board approved Budget Amendment 8-A on March 19th for 40 the purchase of radios. Budget Amendment 8-B was also approved to purchase 11 P25 41 compliant radios. 42 43 Emergency Services Substations: 44 This is for 4 substations on County property. There is $875,000 in year 1, 3 and 5. 45 Commissioner McKee asked Jim Groves to speak to the Phelps Road Station. 46 Jim Groves said Medic 5 has been co-located with Orange Rural Station 3. It has been 47 a good fit. They will continue to work to find locations that will further reduce response times. 48 Commissioner McKee said Carrboro and Eno may also be interested in joint locations. 49 He thinks the Board of County Commissioners should send a clear message that this is an 50 opportunity for Orange County to realize a significant savings. He is content to leave the $50,000 5 1 for next year, but he does not see building a stand-alone station next year because it defeats the 2 purpose of the co-location. He suggested removing the $875,000 for next year. 3 Chair Jacobs asked about the costs of the substations and said these numbers seem 4 too high. He asked staff to come back with a realistic system for the following budget years. The 5 consultant recommended something way out of the range of the County's budget. 6 Commissioner Price asked for numbers for co-location for next year. 7 Commissioner McKee said the Emergency Services Work Group did not recommend 8 standalone stations at this time. 9 Commissioner Gordon suggested taking this item out. 10 Frank Clifton suggested bringing back a couple of options to the Board. 11 Commissioner McKee said the Board needs to give a clear signal that co-location is the 12 preferred option. 13 14 Blackwood Farm Park: 15 There are large amounts in year 3 for the Agriculture, Environment and Parks Center 16 and year 4 would be for park construction. 17 Frank Clifton said one of the thoughts was the possibility of a county fair. Blackwood 18 Farm would be a logical site for this. There is public water and sewer on this site. 19 Commissioner McKee questioned the expense of this. 20 Frank Clifton said the County has purchased lots of land and has not built facilities yet. 21 Dave Stancil said the master plan was adopted by the Board several years ago. The 22 master plan in 2005 included a footprint for a parks and recreation office. The idea here is to 23 have this facility as an Ag Center. 24 Chair Jacobs said the adopted Master Plan should be shared with the Board of County 25 Commissioners before making decisions on this site, especially for the new members. When this 26 was discussed in the past, there was some discussion about how this project in the CIP went 27 from future years to being built right away. 28 Commissioner Gordon said the way she remembers it is that this would have the park, 29 operations base, and environmental education center. She does not remember the Ag Center 30 being a part of it. 31 Chair Jacobs said if the Revere Road building is not adequate anymore, then the 32 proposal is that the functions in there that are agriculture related would be moved to this facility, 33 which is why the Ag Center is now on this plan. Dave Stancil agreed. 34 Commissioner Price said she is concerned about changing the plan. She said she 35 remembers nothing about making this a government complex when she was on the work group. 36 Commissioner McKee said this would represent decentralization from Hillsborough. He 37 said this de facto makes a decision to close down the Revere Road facility. This concerns him. 38 Chair Jacobs said it is clear that more analysis is needed on this item. The space needs 39 study will be done in two weeks and more information will be available at that time. He 40 suggested just focusing on the $100,000 for this year and deferring the rest until more discussion 41 has occurred. 42 Commissioner Gordon said she does not want office space at Blackwood Farm. 43 The County Commissioners agreed that more discussion needs to take place. 44 Chair Jacobs suggested discussing the remaining three huge ticket items and leaving 45 the rest to later. 46 Commissioner McKee noted that the Eurosport Soccer Center has also rapidly 47 escalated in scope and cost. 48 49 Conservation Easements: 6 1 Paul Laughton said the $250,000 for these years includes grant matching funds of 2 $125,000. 3 The Board agreed to keep this the way it is. 4 5 Eurosport Soccer Center: 6 This project has changed. Year three would be the conversion of one of the fields to 7 artificial turf. 8 Dave Stancil said this is an idea for investment and change. 9 Commissioner McKee said he is in favor of this, given the success of the tournament 10 here and the income it brought to the County. 11 12 Commissioner Gordon said it would be a good idea to have a different method of 13 bringing projects to the Board. She said these are large projects that have been added. 14 Chair Jacobs suggested dividing up the discussions into Pressing Projects and New 15 Projects instead of trying to sort through them all at the same time. 16 Frank Clifton pointed out the $2.4 million from Lands Legacy was a bond approved debt. 17 Chair Jacobs suggested revisiting that next year. 18 Commissioner Gordon said this should be left in because there was voter authorization 19 for $7 million, of which this $2.4 million is a part. She said to keep the commitment to the voters; 20 it should be spent within Lands Legacy. 21 22 New Hope Preserve: 23 This calls for low-impact amenities that will be built in phases as shown in the table. 24 Dave Stancil said Durham got a grant and $125,000 is the County's share. 25 Year 2 has $75,000 for land purchase. 26 27 Twin Creeks: 28 This does not have any new money in the next five years, but has some in the out years. 29 The current year has $600,000. 30 Dave Stancil said the developer of the property to the south is revisiting the site. 31 Frank Clifton said the cost of access to the park will more than double if the developer 32 drops out. 33 Chair Jacobs said he thinks Carrboro may be amenable to revisiting the size and the 34 necessity of the parkway. 35 36 Schools: 37 38 Paul Laughton made reference to page 84, the School Capital Projects, and said this 39 was also addressed on Attachment C. 40 This is consistent with the joint meeting with the school boards on April 25th. This 41 summary shows the impact of delaying Middle School #5 for two years and including the Culbreth 42 Science wing. 43 Chair Jacobs said he received an email from Commissioner porosin who said he tended 44 to be inclined to support this project if there was some guarantee that it was directly related to 45 deferring middle school capacity for a certain number of years. 46 Commissioner Rich said she researched the science wing at Culbreth Middle School 47 since the last meeting and she is in favor of this wholeheartedly. She would like to see this move 48 forward, especially since there is no running water in the science wing. 7 1 Commissioner Gordon said the point is the labs are inadequate and the school system 2 has put its own money into the design. This is the right thing to do. She reviewed some of the 3 debt capacity numbers to show that the debt service capacity picture was improved. 4 Commissioner Pelissier and Commissioner Price expressed support for this funding. 5 Chair Jacobs said this has been sitting for 20 years and now it has come up at the same 6 time the County is funding an elementary school and a middle school. It strikes him as 7 unfortunate timing because $80 million will be spent in one system and only a quarter of that 8 being spent in the other system. This is a question of equity. He agrees with the merits of this 9 project, but he wants to hear from the Orange County Schools. 10 Commissioner Gordon would like to ask staff to include the Culbreth science wing in the 11 revised CIP as shown in Attachment C. 12 Chair Jacobs asked if there was enough debt capacity to do the Cedar Ridge High 13 School auxiliary gym and the classroom wing. 14 Paul Laughton said that by moving the middle school two years, in year 6 and 7, the 15 debt capacity may be over. 16 Commissioner Gordon pointed out that the year 5 and 6 scenario has improved. She 17 said the Cedar Ridge projects have not been moved. 18 Chair Jacobs said he was arguing to look at the whole picture, but Commissioner 19 Gordon is saying to proceed with this project at this place in the CIP. He suggested putting it on 20 the list of things to be left in the CIP as it is in Attachment C. 21 Michelle Brownstein, CHCCS Board Chair said a water pipe, for example, could not be 22 just added, because this is not allowed anymore with older buildings. Addressing required code 23 issues is driving the higher cost. 24 25 Paul Laughton made reference to Attachment C and the projects for Cedar Ridge High 26 School. Both of these projects are requested for year 2 — auxiliary gym and classroom wing. 27 SAPFO does not have Elementary #8 for the 10 year period. 28 Chair Jacobs made reference to the letter at the County Commissioners' places from 29 the Chair of the OCS Board. The OCS board had another engagement tonight. 30 Orange County Schools staff person Pam Jones spoke to the adjustments in the cost 31 estimate for the gym. The person that came up with the numbers is no longer with the school 32 system and no one knew how these numbers were originated. The current numbers are more 33 accurate. 34 Commissioner McKee asked how this impacts the debt capacity. 35 Financial Services Director Clarence Grier said there is enough capacity for the first five 36 years. After that, it is questionable. 37 Commissioner McKee said he is concerned that Orange County has close to the highest 38 tax rate in the state. 39 Chair Jacobs said the expansion of Cedar Ridge is based on a disputed assumption 40 about SAPFO. He said the Board of County Commissioners is committed to $37 million for one 41 school system and $3 million for the other. This has nothing to do with his support for CHCCS, 42 but these are huge ticket items and the equity is not even being discussed. 43 Frank Clifton said there is also a disagreement with the SAPFO from the CHCCS. 44 There is an argument about the projections being too low. This creates a problem for the County 45 in that the school systems bring priorities and some are "unfunded priorities." The science wing 46 is "unfunded." 47 Commissioner Rich said these children in this middle school are not able to learn like 48 others in the County because of lack of this science wing. 49 Commissioner Pelissier said she is concerned about how these projects affect the debt 50 capacity. 8 1 Commissioner McKee said he is supportive of the science wing. He is content to set at 2 year two the auxiliary gym. He said he will not support an increase in property taxes this year 3 because the tax increase was the '/2-cent sales tax in November, in his opinion. 4 Pam Jones said there is $300,000 in the school budget to do the planning for the 5 auxiliary gym. 6 Chair Jacobs said he could not disagree more with what Commissioner McKee said 7 because the County Commissioners fought for years and years so that the Orange County needs 8 are treated equally to the school needs. He said Commissioner McKee said the County has used 9 its debt capacity and will defer the County needs, and he strenuously objects to that. He said the 10 County needs should be equal to the school needs. 11 12 Chair Jacobs went through the list of things the Board agreed to keep in the budget: 13 14 - Leave the $600,000 for the Southern Branch Library 15 - Move up $20,000 to this year for the Efland Community Center 16 - For the Whitted Building, move up to $1.5 million 17 - For the standalone substation, move out $850,000 from this fiscal year and 18 reevaluate what the substations cost 19 - For the Blackwood Farm, take the $100,000 that is in there and use that as an 20 analysis of the interplay with the Revere Road site 21 - Lands Legacy— leave the $2.4 million in the 2014-15 and leave $125,000 for the 22 conservation easements 23 - Leave the $600,000 for this year for Culbreth Middle School and endorse the project 24 25 26 Commissioner Gordon said this is a five-year CIP and this is notjust approval for year 27 one. She would like to go on record that the Board is approving the CIP, which has five years. 28 Chair Jacobs said the Board is giving direction and not specifically approving all of this. 29 30 31 32 2. Fiscal Year 2013-14 Budqet Drivers 33 Clarence Grier shared the budget drivers: 34 - Medical Health Insurance increases — up to 8.5% $0.23 million 35 - Retirees Health Annual Funding Requirement $5.3 million 36 - Emergency Services Requests $1.78 million 37 - School Districts Budget Requests — up to $8.5 million 38 TOTAL budget drivers/impacts $15.81 million 39 40 Clarence Grier said there are also compression issues with employee compensation. 41 Frank Clifton said the summary is the budget will come to the Board with no tax 42 increase. The full impact will come the next fiscal year. He said both school systems have asked 43 for additional funding and all but two fire districts will ask for an increase if their fire taxes. 44 45 A motion was made by Commissioner McKee, seconded by Commissioner Rich to 46 adjourn the meeting at 10:24 p.m. 47 VOTE: UNANIMOUS 48 49 Barry Jacobs, Chair 50 9 1 David Hunt 2 Deputy Clerk to the Board 3 4 1 1 Attachment 3 2 3 DRAFT 4 MINUTES 5 BOARD OF COMMISSIONERS 6 REGULAR MEETING 7 May 21, 2013 8 7:00 p.m. 9 10 The Orange County Board of Commissioners met in regular session on Tuesday, May 21, 2013 11 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. 12 13 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, 14 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich 15 COUNTY COMMISSIONERS ABSENT: 16 COUNTY ATTORNEYS PRESENT: John Roberts 17 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers 18 Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff inembers 19 will be identified appropriately below) 20 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 21 AGENDA FILE IN THE CLERK'S OFFICE. 22 23 1. Additions or Chanqes to the Aqenda 24 Chair Jacobs said he wanted to express concern, on behalf of the Board of County 25 Commissioners and the residents of Orange County, for the residents of Oklahoma. 26 27 Chair Jacobs reviewed the following items at the Commissioners' places: 28 29 - Budget PowerPoint— item 4a 30 - White sheet- Revised SAPFO abstract - item 5g 31 - White sheet— Revision to services agreement— item 7a 32 - Space Study PowerPoint— item 8b 33 - Lavender sheet— Information item —Agenda team response letter to petitions from the 34 April 23, 2013 meeting. 35 36 John Roberts introduced the new staff attorney in his office, James Bryan, from the City 37 of Lumberton. He said Mr. Bryan was previously in private practice and had been a planner for 38 Onslow County. He said the Commissioners would primarily see him at Quarterly Public 39 Hearings and Board of Adjustment meetings, as his focus will be land use. 40 41 PUBLIC CHARGE 42 43 The Chair dispensed with the reading of the public charge. 44 45 2. Public Comments 46 47 a. Matters not on the Printed Aqenda 48 2 1 Don O'Leary said he had been disturbed by websites, such as the republican and 2 democratic websites, as well as by television, which seem to want to strip citizens of their rights. 3 He asked the Board to take the Constitution into consideration at all times. 4 5 6 b. Matters on the Printed Aqenda 7 8 3. Petitions by Board Members 9 Commissioner McKee said a public citizen asked that Board members speak more 10 clearly into microphones when speaking. 11 Commissioner Pelissier noted that House Bill 148, which allows the half cent transit tax, 12 calls for a housing plan around transit stations. She said this could only be developed by the 13 town of Chapel Hill. She had a discussion with Town Council Member Ed Harrison, who agreed 14 that it would be a good idea to petition to ask the Town of Chapel Hill to start working on this 15 plan and keep the Board of Commissioners informed of the process. 16 Chair Jacobs said this would be referred to agenda review. He noted that one station is 17 at the Friday Center, which is UNC's property; and if the other spot is at Meadowmont, there is 18 a robust housing plan already in place. 19 Commissioner Pelissier said it is important to make sure it is a housing plan that 20 everyone is aware of. She said that Durham has initiated this in their county and has had 21 special meetings related to housing and transit. 22 Chair Jacobs encouraged Commissioner Pelissier to help draft a letter from the Chair to 23 the Mayor of Chapel Hill. 24 25 4. Proclamations/ Resolutions/ Special Presentations 26 27 a. Presentation of Manaqer's Recommended Fiscal Year 2013-14 Annual 28 Operatinq Budqet and 2013-18 Capital Investment Plan 29 The Board received the Manager's Recommended Fiscal Year 2013-14 Annual 30 Operating Budget and 2013-18 Capital Investment Plan. 31 Frank Clifton said Clarence Grier will give a detailed overview of the presentation. 32 Frank Clifton noted that the one cent on the countywide tax rate equals about $1.6 million, and 33 the current tax rate is 85.8 cents. He said that one cent on the CHCCS tax school district will 34 generate $1 million, and the current tax rate is 18.84 cents. 35 He said the number 1 priority for the county is schools, with almost 50% of county funds 36 allocated here; number 2 is human services, with 16%; number 3 is Public Safety, with 11%; 37 environmental, cultural and recreational have 5%; and the remaining 18% goes to all other 38 county government functions. He said the school systems requested 10% more than was 39 budgeted in 2012-13, and the recommended manager's budget does increase school funding 40 by 2.8%. He said all of the County's growth and revenues from local tax base for fiscal year 41 2013-14 are budgeted toward education. He said this budget is $6 million short of the 42 combined requests of two school boards. 43 Frank Clifton said there are several considerations when looking at this budget and the 44 first is the flat growth rate in Orange County. There is no evidence to support optimism that this 45 will change in the next five years. He said federal and state budget decisions affect more than 46 just education. He said increasing tax rates affects individual taxpayers, small businesses, and 47 home ownership and rental opportunities in the county. 48 Frank Clifton said that taxes in the proposed budget remain at current levels, with the 49 exception of increases requested by fire departments. 3 1 Frank Clifton said that changes to the recycling program are reflected as well. He said 2 that current recycling programs for next fiscal year are funded by using one year of reserve 3 funds from solid waste and delaying capital improvements. 4 Frank Clifton said the task of establishing a tax service district needs to be a priority for 5 2013-14, to be implemented in 2014-15. 6 He said this budget attempts to provide fiscally sound projections. He said the Board of 7 County Commissioners makes the final budget decisions and sets the tax rates. He said 8 balancing demands while addressing challenges requires difficult decisions; and as dire as it 9 sounds, the county's budget process is in far better shape than most areas in the state. 10 11 Clarence Grier presented a Budget overview with the following PowerPoint slides: 12 13 County Manager's recommended FY 2013-14 Annual Operating Budget and Capital 14 Investment Plan 15 Presentation 16 Southern Human Services Center, Chapel Hill 17 Orange County, NC 18 May 21, 2013 19 20 Guiding Principles 21 • Balances County's operating budget without a property tax rate increase— 5th 22 Consecutive Year 23 • Provides funding for County services at current levels 24 • Funds local school districts enrollment growth, operational funding and debt service. 25 26 Recommended General Fund Budget 27 • Totals $185.9 million 28 - Represents an increase of$5.9 million from original current year budget of$180.0 29 million, which is a 3.29 percent increase from previous year original budget 30 - Represents a $6.2 million decrease in the current year's amended budget 31 32 Components of General Fund Budget 33 General Fund Revenues $182,554,881 34 General Fund Unassigned Fund balance $3,366,309 35 General Fund Expenditures $(185,921,190) 36 Net $ 37 38 Orange County Budget 39 Past 6 Fiscal Years (Bar Graph) 40 41 Proposed Ad Valorem Tax Rate Effective July 1, 2013 42 • Proposed tax rate of 85.8 cents per $100 of assessed valuation 43 - This rate produces $137.8 million in property tax revenues for FY 2013-2014 44 - Overall Real Property Valuation increased 2.7% 45 • One cent on property tax estimated to generate $1,606,869 46 47 Orange County Property Tax Revenues 48 Past 5 Fiscal Years (Bar Graph) 49 50 Sales Tax Revenues 4 1 • Recommended Sales Tax Revenues of$17.2 million is $1.5 million higher than the 2 $15.7 million budgeted in FY 2012-2013 due to an expected 2 to 3 increase in consumer 3 spending , and current year projections 4 • Actual sales tax revenues are down over 31% since the peak of$22.5 million in fiscal 5 year 2007-2008 6 7 Orange County General Fund 8 FY 2013-14 Revenues (Pie chart) 9 10 Proposed Chapel Hill-Carrboro City Schools District Tax Rate Effective July 1, 2013 11 • Recommended tax rate of 18.84 cents per $100 of assessed valuation 12 - Represents no increase in the property tax rate for the District 13 • Recommended tax rate will generate $19.4 million for the Chapel Hill — Carrboro 14 School District 15 - This represents an additional $1,584 per pupil above the County's allocation 16 • One cent on district tax is estimated to generate $1,029,085 17 18 Recommended Funding for Chapel Hill - Carrboro City and Orange County Schools 19 • Total General Fund appropriation totals $87.8 million 20 - Funds day-to-day operations, repayment of school related debt, and capital 21 - Equals an appropriation of 48.1 percent of total General Fund Revenues 22 - Reflects $2.4 million increase from current year General Fund appropriation 23 - Equates to a current expense allocation of$3,188 per student for each of the 19,908 24 students in both districts for day-to-day operating funds and projected enrollment 25 growth. 26 27 County Education Funding 28 Fiscal Year Oriqinal Budqet General Fund % Of Revenues 29 2008-2009 $90,447,942 50% 30 2009-2010 $86,378,040 48.6% 31 2010-2011 $87,135,916 49.8% 32 2011-2012 $84,175,033 47.5% 33 2012-2013 $85,455,533 48.1% 34 2013-2014 $87,812,103 48.1% 35 Current Expense, Recurring and Long — Range Capital, Fair Funding and Debt Service 36 37 Additional Funding for Local Schools 38 • In addition to the $87.8 million for operations, debt and capital, recommended budget 39 allocates $1.9 million to fund non-mandated safety net initiatives for both school districts 40 Some of these initiatives are: 41 - School Health Nurses - $683,706 42 - School Resource Officers - $545,514 43 - School Social Workers - $692,283 44 • With these additional non-mandated funding initiatives, the total funding for the local 45 school districts total 49.2% of the General Fund Revenues 46 47 Major Funded County Initiatives 48 • Maintains all County services at current levels 49 • Funds the increase in medical insurance and fully funds the 401(k)/457 plans for non- 50 sworn employees 5 1 • A cost of living and in-range increase equating up to 3% in compensation for employees 2 • Provides for and increases in positions for EMS Communicators, a Quality Assurance 3 Training Officer, EMS Assistant Supervisors staggered over the year to address the 4 recommendations of the Emergency Services Study and Work Group 5 • Provides for six new positions in Information Technologies to address the 6 recommendations included in the Information Technology Strategic Plan 7 • Provides funding to the Town of Chapel Hill Library totaling $483,426 8 • Allocations provided to non-profit organizations total $1,030,100 for FY 13-14. 9 • Long range/pay-as-you go County capital is $620,000. 10 • Debt service for the General Fund will be $25.6 million 11 12 Orange County General Fund 13 FY 2013-14 Expenditures (Pie Chart) 14 15 Solid Waste Initiatives 16 • The closure of the landfill with public education and other related planning efforts of the 17 landfill in FY2013-14. We expect to incur $3.2 million in closure cost in FY 2013-14. 18 • The planning and design for the Eubanks Solid Waste Convenience Center 19 improvements 20 • New Landfill Mattress Fee of$10.00 per mattress 21 • Recycling Fees - No additional 3-R Fee billings for the upcoming year, which results in a 22 projected revenue loss of$1.1 million, and propose an increase in the Basic 3-R Fee 23 from $37.00 of$47.00 per household 24 • We propose increases in the sanitation household fee to be charged per household as 25 follows: 26 - Rural Residential Increase from $20.00 to $40.00 27 - Urban Household Increase from $10.00 to $20.00 28 - Multi — Family Increase from $2.00 to $4.00 29 30 Additional Funding Options 31 • Appropriate Fund Balance, if necessary; The Board may use up to $650,000 without a 32 negative impact on fund balance 33 • Property tax increase 34 • Increase in CHCCS Special District Tax 35 36 Revenues Generated By Property Tax Increase 37 Property Tax Per Pupil 38 Tax Increase Revenues Generated Equivalencv 39 1 cent $1,606,869 $80.71 40 2 cents $3,213,738 $161.43 41 2.4 cents $3,856,486 $193.72 42 4 cents $6,427.476 $322.86 43 5.5 cents $8,837,780 $443,93 44 45 Revenues Generated By Increase in CHCCS Special District Tax 46 Tax Increase Revenues Generated Equivalencv 47 1 cent $1,029,085 $84.06 48 2 cents $2.058,170 $168.12 49 5.5 cents $5,659,968 $462.34 50 Based on 12,242 projected students for the CHCCS School District 6 1 2 County Capital Investment Plan 3 Fiscal Year 2013-14 4 Appropriations 5 6 County Capital Projects 5,895,268 7 8 Special Revenue Fund (Article 46 Sales Tax) 9 Economic Development 1,319,500 10 Chapel Hill Carrboro City Schools 801,900 11 Orange County Schools 516,850 12 13 Proprietary Capital Projects 14 Water & Sewer Utilities 896,250 15 Solid Waste 3,513,936 16 Sportsplex 710,000 17 18 Schools Capital Projects 19 Chapel Hill Carrboro City Schools 3,130,742 20 Orange County Schools 1,947,918 21 22 Total 18,732,364 23 Details of the Capital Investment Plan are included in the Budget 24 25 Concerns and Issues for FY 2014-2015 26 • Federal Sequestration and State Budget Issues 27 • Debt Service 28 • County Capital Projects 29 • School Capital Projects 30 • Health Insurance 31 • Post-employment Insurance benefit for retirees 32 • Economic Development 33 • Economy 34 35 Public Hearings and Work Sessions 36 (All Meetings Begin at 7:00 p.m.) (chart) 37 38 Document Availability 39 • Clerk to Board of Commissioners 40 • County Finance &Administrative Services Office 41 • Orange County Library 42 • Chapel Hill Public Library 43 • Carrboro/McDougle Branch Library 44 • Cybrary, Carrboro 45 • Orange County Website 46 - www.oranqecountync.gov 47 48 49 Commissioner Price noted that these meetings are all held in this location. 7 1 Donna S. Baker said that the reason the budget work sessions are at Southern Human 2 Services Center is because of ineeting logistics and room size. 3 4 Commissioner porosin said he needed more information on the PowerPoint regarding 5 additional funding for local schools. He requested more information and numbers on health 6 workers, social workers and school resource officers. 7 Commissioner Price requested more information on the comparison of solid waste fees 8 and what is being charged now versus proposed changes. 9 Chair Jacobs requested that the fund balance of 17% be explained in more detail, as 10 well as the schools fund balance. 11 Chair Jacobs praised the job done on giving annual general fund appropriations and he 12 requested one be done for per pupil allocations. 13 Clarence Grier said this will be available for the public hearings. 14 Frank Clifton said that this budget process may be different than what the new 15 commissioners are accustomed to. He invited conversation with staff inembers, if needed. He 16 noted that the only one source of revenue that can be adjusted is the property tax. All other 17 revenue sources are adjusted by an outside source. 18 19 20 b. Distinquished Budqet Presentation Award 21 The Board recognized the budget staff of the Orange County Finance and 22 Administrative Services Department for earning the Government Finance Officers' Association 23 (GFOA) Distinguished Budget Presentation Award for the 2012-13 fiscal year budget 24 document. 25 Clarence Grier said this marks the 21St year the County has received this award. He 26 said the County wanted to take the opportunity to recognize the financial services department 27 for their budget staff and he introduced the staff- Paul Laughton, Tonya Walton, Darrell Butts 28 and Allison Chambers. 29 Chair Jacobs presented a plaque to the staff. 30 31 c. Overview of County Marketinq and Public Relations Proiects 32 The Board received an overview of the marketing and public relations projects being 33 managed by the Director of Public Affairs. 34 Carla Banks reviewed the following PowerPoint presentation: 35 36 MARKETING INITIATIVES 37 PUBLIC AFFAIRS DEPARTMENT 38 39 Introduction 40 • The Public Affairs Department develops the marketing and media relations initiatives for 41 Orange County, including the Board of County Commissioners 42 • The Director of Public Affairs is tasked with promoting a professional image of the 43 County, while increasing awareness of the County's operations, services and programs 44 by utilizing multiple mediums, such as radio, television, print, and social media 45 . 46 Branding 47 • A primary component of cohesive marketing involves establishing a brand for the 48 County. 8 1 • The Director of Public Affairs sought direction and approval from the County Manager to 2 pursue having an official logo designed for the County to aid in helping the public 3 become more familiar with the County and its daily operations. 4 • Currently, a variety of logos are in use by several County departments. The approval of 5 these logos was done on the administrative level by the Department Directors as 6 opposed to submitting this for review and approval by the Board of County 7 Commissioners. Here are examples of these logos. 8 9 County Department Logos (image) 10 11 Orange County Logo (image) 12 13 Logo Design Process 14 • The Public Affairs Department contracted with a local graphic design firm to produce the 15 logo, which cost $1,600. 16 • The design concept is based on the direction and overall vision explained by the 17 Director of Public Affairs. 18 19 Logo Design Concept 20 • The basis for the County logo design is a clean simplistic approach, using text as 21 opposed to a series of intricate details or artwork. 22 • The colors, burgundy and sage green, offer a subtle yet striking contrast. Lastly, the 23 design places the emphasis on Orange County—while including the reference to North 24 Carolina as a way to distinguish us from the other Orange Counties in the United States. 25 • The County logo will NOT replace the County seal, but rather, it will be used to launch 26 and solidify the County's brand marketing efforts—starting with the new County 27 portfolios and marketing folders. 28 • The logo is to be phased in gradually and will be visible on a variety of items, such as 29 County letterhead, envelopes, business cards, press releases, collateral materials, 30 promotional items, etc. 31 32 Six Month Review 33 34 The following marketing materials have been developed since the Director of Public Affairs 35 started on September 17, 2012. 36 • Brochures 37 • Post Cards 38 • Posters 39 • Banners 40 • Magnets 41 • Business Cards 42 • Marketing Folders 43 • Video Productions 44 • Marketing Packet & Web site- Community Giving Fund 45 • Professional Photos and Bios of Department Directors 46 • Press Releases (100+ to date) 47 • Fabric Table Covers w/ Logo 48 • Invitations (Printed and Electronic) 49 9 1 Special Events (images) 2 3 Pending Projects 4 Short-Term 5 • Hire Graphic Design Specialist 6 • County Communications Plan 7 • Web site Redesign 8 • Facebook and Twitter Pages 9 • Print Advertising 10 • Radio Public Service Announcements 11 Long-Term 12 • Annual/Popular Report 13 • Resident Newsletter 14 • TV Studio Installation 15 • OCTV Original Programming 16 • Citizens Academy 17 • Deploy Digital Message Monitors 18 • Guide to Orange County Government 19 20 Commissioner Price said this is off to a good start, but she is concerned about the 21 process. 22 Commissioner Gordon asked for clarification on the timeline for the strategic 23 communications plan. 24 Carla Banks said the timeline is approximately 6 months for development and 25 completion, and she does not know now how that will involve the Board of County 26 Commissioners 27 Commissioner Gordon said the Board of County Commissioners would expect to have 28 input in this plan, 29 Commissioner Price said the Board of County Commissioners should have some say in 30 the review of the logo, since it represents the county. 31 A motion was made by Commissioner Price, seconded by Commissioner Gordon that 32 the Board of County Commissioners or designated members would participate in the design or 33 review of any logo for overall use to represent Orange County, including the review of any 34 already developed logo; and that the Board of County Commissioners will have final approval of 35 any such logo, emblem or representation. 36 Commissioner Price had passed out an information sheet to the Board on this issue. 37 Commissioner porosin requested clarification that the logo that was shown had not 38 been formally adopted. 39 Chair Jacobs said this has not been adopted by the Board of County Commissioners. 40 Commissioner porosin asked Commissioner Price if the intent of motion is to ensure 41 that the logo that has been shown will not be the official logo unless the BOCC votes on it. 42 Commissioner Price said Ms. Banks is off to a good start on the logo, but she feels it 43 needs to be looked at again, from a marketing perspective. She said perhaps something 44 different needs to be done, that will express more of Orange County. She said this would allow 45 for use as more than an official seal. She suggested a partnership with Steve Brantley to work 46 toward something more representative of Orange County. She also said it is important from a 47 branding perspective that the right colors and fonts are used. 48 Commissioner porosin asked how the current process works with the design that is 49 brought forth. 10 1 Chair Jacobs said the motion stated there could be designees of the Board of County 2 Commissioners, so presumably there could be a subcommittee and a short process. 3 Commissioner McKee asked Carla Banks if this design is already being used. 4 Carla Banks said yes; it has begun to be used. 5 Commissioner McKee said it is his understanding that the Board of County 6 Commissioners has not had a policy in place on whether this would be a staff or board decision. 7 Chair Jacobs said Commissioner Price's motion is to establish this. 8 Commissioner McKee noted that there was no protocol at the time this logo was chosen. 9 He said this would be a policy decision from this point forward and he would not support making 10 this retroactive for this logo. 11 Commissioner Rich said it is important that anything that represents Orange County is 12 seen or voted on by the Board of County Commissioners. She said the Board needs to make 13 decisions about branding and the Board needs to have a courtesy review of changes. She said 14 she is also looking at the communications plan, and the Board of County Commissioners needs 15 to be involved and on the frontline of that process. She said this applies to communications with 16 Facebook and Twitter, and she had several questions about how this will be utilized. She 17 agreed with Commissioner Price that this is a good start; but it makes her uncomfortable that 18 the Board was not involved in the process. 19 Commissioner Pelissier said she agreed with Commissioner McKee regarding moving 20 forward and not backwards. She said that there are many potential logos to go by. She said 21 none of the Board members are marketing experts, but the Board does have an image to 22 portray. 23 Commissioner Price said her suggestion is a test market, to try this logo as a test and 24 see what people think about it. She said sage green looks gray to her. She suggested that Ms. 25 Banks consider working with the Visitors Bureau, Steve Brantley and Economic Development, 26 all of whom have had marketing experience. She does not consider this a step backwards. 27 Carla Banks said the feedback she has received so far has been positive. She said it 28 was her interpretation from her job description that she was to immediately tackle the marketing 29 and branding of the County. 30 Commissioner Rich said Carla Banks did her job well, and the question was why the 31 logo options did not come before the Board of County Commissioners, at least for a courtesy 32 review before publishing. 33 Frank Clifton said the Board started this marketing discussion process two years ago. 34 He said the County departments have been reaching out for years, through Facebook, twitter 35 and other means. He said the creation of Carla Banks' Public Affairs position took place last 36 year. He suggested the best process may be to schedule a discussion of how the Board of 37 County Commissioners wants to be involved in each marketing aspect. He said there should 38 be a marketing plan separating the political aspects of individuals from the image of the County 39 as a whole. He said the current plan of the communications plan is to get basic information 40 distributed. He said that one of Carla Bank's roles is to make sure that communication and 41 releases from different departments are consistent in terminology and verbiage. 42 Frank Clifton said he will take the blame for the logo. He said he did not realize that it 43 would rise to the level of a Board of County Commissioners policy decision. He said the twitter 44 and Facebook projects are viewed as more informational than interactive. 45 Frank Clifton said he would suggest scheduling a work session discussion on this issue 46 in the fall, if the Board of County Commissioners so choses. 47 Chair Jacobs supported the motion and said the Board needs to give direction on what 48 rises to the level of concern of the Board of County Commissioners. 49 Commissioner porosin said the Board is not talking about micromanagement of the 50 staff. 11 1 2 VOTE: UNANIMOUS 3 4 Chair Jacobs asked about the communications plan and noted that two Commissioners 5 showed an interest in being involved. He said that the Board of County Commissioners wants 6 to be involved in the plan. 7 Commissioner Rich said she is concerned about an in-house graphic design staff 8 specialist. She believes that this service could be accomplished on a consulting basis using 9 multiple graphic designers. 10 Chair Jacobs said this is a budget question. 11 12 5. Consent Agenda 13 • Removal of Any Items from Consent Agenda 14 5-e and 5-g were temporarily removed. 15 16 • Approval of Remaining Consent Agenda 17 A motion was made by Commissioner McKee, seconded by Commissioner Rich to 18 approve the remaining items on the consent agenda. 19 20 VOTE: UNANIMOUS 21 22 • Discussion and Approval of the Items Removed from the Consent Agenda 23 24 Item 5-e 25 Chair Jacobs said, with the changes being made, there is discussion of initiation of 26 policies and programs that conserve energy and reduce fuel utility resource consumption. He 27 said this is good, but it fails to address resources and only addresses water and energy. He 28 noted that he attends events where plastic and Styrofoam are used and print items are on only 29 one side of the page. He asked if he is missing some articulation of policy about these issues. 30 Wayne Fenton said this would be addressed in overall environmental responsibility 31 goals. He said work can certainly be done with individual departments, such as purchasing. 32 Chair Jacobs said he would bring this up during the later presentation. 33 A motion was made by Chair Jacobs, seconded by Commissioner McKee to approve of 34 the revisions to the Adopted County Energy, Water and Fuel Conservation Policies. 35 Commissioner porosin asked where and when issues just raised will be discussed and 36 Chair Jacobs said this will be addressed on item 8-d. 37 38 VOTE: UNANIMOUS 39 40 Commissioner Price said that she mistakenly removed item 5g when her intent was 5h 41 and said she only has a point of clarification for the item. 42 43 a. A motion was made by Commissioner Gordon seconded by Commissioner Rich to 44 approve item 5g, Schools Adequate Public Facilities Ordinance—Approval and Certification of 45 2013 Report. 46 47 48 VOTE: UNANIMOUS 49 12 1 Regarding item 5h (Agreement Renewal for HDR Engineering, Incorporated of the 2 Carolinas), Commissioner Price asked who is being referred to when the County is mentioned. 3 Frank Clifton said this refers to county staff involved in the project at the time and he 4 said this is an on-going contract. He said all of these items have to go through a state review 5 process. 6 He said Gayle Wilson will be the primarily staff person. 7 8 Item already passed 9 10 b. Minutes 11 The Board approved the minutes from April 9, 11 and 16 (7:00 p.m.), 2013 as submitted by the 12 Clerk to the Board. 13 c. Motor Vehicle Property Tax Releases/Refunds 14 The Board will consider adoption of a resolution to release motor vehicle property tax values for 15 twelve (12) taxpayers with a total of twelve (12) bills that will result in a reduction of revenue, in 16 accordance with NCGS. 17 d. Property Tax Releases/Refunds 18 The Board adopted a resolution, which is incorporated by reference, to release property tax 19 values for four (4) taxpayers with a total of (7) seven bills that will result in a reduction of 20 revenue in accordance with North Carolina General Statute 105-381. 21 e. Fiscal Year 2012-13 Budqet Amendment #10 22 The Board approved budget amendments for the Department of Environment, Agriculture, 23 Parks and Recreation, the Department of Social Services, Cooperative Extension, and Board of 24 Elections and a grant project ordinance for Emergency Services for fiscal year 2012-13. 25 f. Revisions to the December 2005 Adopted Oranqe County Enerqy, Water and Fuel 26 Conservation Policies 27 The Board adopted improved revisions to the 2005 Energy, Water and Fuel Conservation 28 Policies as presented at the Board's November 13, 2012 work session, with an effective date of 29 July 1, 2013. 30 g. Oranqe County ABC Board Travel Policy 31 The Board approved the Orange County Alcoholic Beverage Control (ABC) Board's adoption 32 and use of the Orange County's travel policy. 33 h. Schools Adequate Public Facilities Ordinance —Approval and Certification of 2013 34 Report 35 The Board approved and certified the 2013 Schools Adequate Public Facilities Ordinance 36 Technical Advisory Committee (SAPFOTAC) Report and certifying portions of the Report. 37 i. Aqreement Renewal for HDR Enqineerinq, Incorporated of the Carolinas 38 The Board approved an agreement renewal between the Solid Waste Department and HDR 39 Engineering, Inc. of the Carolinas for engineering and consulting services for Solid Waste 40 through June 10, 2015, and authorize the Chair to sign. 41 42 6. Public Hearinqs - NONE 43 44 7. Reqular Aqenda 45 46 a. Approval of New Fire Protection and Emerqency Services Aqreements for Three 47 (3) New Fire Service Districts with the Town of Chapel Hill, Town of Carrboro and 48 North Chatham Fire Department 49 13 1 The Board considered approving new Fire Protection and Emergency Services 2 Agreements for Three (3) New Fire Service Districts with the Town of Chapel Hill, Town of 3 Carrboro and North Chatham Fire Department, and authorizing the Chair to sign. 4 Michael Talbert said there is a handout replacement for attachment 3 for the North 5 Chatham Fire Department, and there were some technical and grammatical corrections. He 6 thanked John Roberts for creating these documents. He said there will be contracts coming 7 later for the other fire departments. He said contracts were cancelled in June of 2012 for these 8 three departments, knowing that the service districts would be re-done. He said it is imperative 9 that new contracts be done before June 30. 10 Michael Talbert said each agreement has a map attached for fire service districts and 11 the beginning date will be July 2013. He said the wording is slightly different, and the maximum 12 rate for all of these contracts is 15 cents. Several sections have been added regarding: ISO 13 ratings, information about state law, response times, insurance types, and a section that 14 requires a certified audit. He said all of these have been reviewed by the three departments, 15 and these are all 5 year contracts with a one year cancellation requirement. 16 He said there are no financial impacts to the county; but all three departments will be 17 asking for a tax increase by the Board of County Commissioners in the coming year. 18 John Roberts said this agreement also requires that each department comply with 19 Orange County purchasing and financial requirements. 20 Commissioner Gordon said she would like to know what was changed on the North 21 Chatham agreement, and in the future she would like to have a mark-up copy prior to the 22 meeting. She said she would like a policy that when documents are changed, the Board is 23 notified of where the changes occurred. 24 Chair Jacobs agreed. 25 Commissioner Gordon noted that the County has a policy on gender neutral language, 26 and she referenced the use of"manpower" on page 19. She requested that this be changed to 27 "firefighter." 28 Commissioner Gordon also noted a need to correct "Board of Director" to "Board of 29 Directors" on item number 12. 30 Commissioner Gordon said she appreciated the efficient and thorough process by 31 county staff. She said this has been extremely complex, and she thanked the staff for their 32 work. 33 Commissioner Rich referenced John Roberts' mention of a change in the contract. 34 John Roberts clarified that the attorneys and all of the fire departments have reviewed 35 all changes. 36 Frank Clifton said Chapel Hill already follows the state purchasing process procedures. 37 Commissioner Rich thanked Michael Talbert for his hard work. 38 Commissioner McKee said the fire departments negotiated with the county on these 39 agreements and the design of them. 40 He said he would forward an email he received on a news article from the coast about 41 departments losing their ISO ratings. He said this has been due to various factors, including a 42 lack of adequate personnel on rosters and fire scenes. He said this has affected multiple fire 43 departments. He said that this is not happening in Orange County and the County is working 44 on a comprehensive system, a better contract, and better service provision. 45 Commissioner porosin noted that item number 4 states that fire departments will get 46 98.5% of tax, and he asked if the rest is kept by county. 47 John Roberts answered yes. 48 Commissioner porosin asked if the 15 cents is a statutory maximum. 49 Michael Talbert said no. He said, under a fire protection district, that is a maximum; but 50 under a fire service district, all taxes levied by the county cannot exceed 1 dollar and a half. 14 1 Commissioner porosin said when the Board makes the final decision on budget the tax 2 rates will be set and may be different. 3 Michael Talbert said yes. 4 Michael Talbert said the current rates are just department requests at this point. 5 Commissioner Pelissier referenced item 12 on page 4, which states that the county will 6 provide the departments with standard financial forms, and she asked what this means. 7 Michael Talbert said that information is presented now and it may not all end up in the 8 summary. He offered to pass that information along to the Board. 9 Commissioner Pelissier said she would like to see all of the information. 10 Frank Clifton said, in the past, the fire departments made formal presentations and only 11 the departments that requested an increase presented this. 12 Chair Jacobs said this has been a long process and harmonious relationships have 13 been created. He thanked Commissioner McKee, Frank Clifton, Michael Talbert, and John 14 Roberts. 15 Chair Jacobs said he was speaking to a rural firefighter in New Mexico who said there is 16 a shortage of firefighters willing to serve in that community. He expressed appreciation that our 17 community has so many people willing to serve. 18 Commissioner Gordon referenced paragraph 5 on North Chatham's Insurance rating 19 and asked about the difference in language. 20 John Roberts said he preferred the original language, because it required the 21 department to take reasonable action but the department preferred the updated language on 22 "striving" to maintain a certain rating. 23 Michael Talbert said North Chatham has no assets in Orange County and does not 24 anticipate any future assets in Orange County. He said the feeling was that the other language 25 did not paint them into a corner. He said this department has tremendous resources that are 26 brought to the fire. 27 A motion was made by Commissioner Gordon seconded by Commissioner McKee with 28 revised agreement with North Chatham, to approve new Fire Protection and Emergency 29 Services Agreements for Three (3) New Fire Service Districts with the Town of Chapel Hill, 30 Town of Carrboro and North Chatham Fire Department, and authorize the Chair to sign. 31 32 VOTE: UNANIMOUS 33 34 8. Reports 35 36 a. Oranqe County Bus and Rail Investment Plan Implementation 37 The Board received an update from Triangle Transit (TT) on the status of the Orange 38 County Bus and Rail Investment Plan (OCBRIP) and its implementation. 39 David King introduced staff who would be speaking— Mark Ahrenson, from Metropolitan 40 Planning Organization (MPO); Wib Gulley; JohnTallmadge; and Sondra Freeman. 41 Commissioner Gordon thanked everyone for coming and recognized Wib Gulley, who 42 will be retiring in June. 43 Wib Gulley said this is not a quiet period since a lot of work is going on to translate 44 plans into reality. He said there are many technical and legal steps to get funding in place and 45 to implement the plan. He thanked John Roberts for all of his work. The half cent transit sales 46 tax will be affective April 1St, and it will probably be July before revenue is seen. He said the 47 same is true with the 7 dollar vehicle tax. 48 He mentioned the 3 dollar regional tax and said there was apparently a legislative 49 oversight that needs to be corrected before the tax can be implemented in 2 of the 3 counties. 15 1 He said work is being done with legislative representatives to make that technical correction. 2 He said that particular change will go through in a bill late in the session. 3 Wib Gulley said this will not be shown in the budget until it is resolved and there will be 4 an update for the Board of County Commissioners in the fall. He said this is not holding any 5 work up. He said the implementation agreement provides for annual reviews of activities for 6 bus and rail. He said every 4 years it provides a thorough review of the rail project and its 7 status, and at 8 years or sooner there can be other reviews, as desired. 8 He said the agreement also provides a process for the three parties — MPO, Triangle 9 Transit and Orange County—to review and make changes, as needed. 10 John Tallmadge, Director of Regional Services Development at Triangle Transit, said 11 this implementation agreement lays out many steps for moving from the plan to funding 12 services and capital improvements. He said there are three implementing entities —Orange 13 County, MPO and Triangle Transit (TT). He said Triangle Transit has the oversight 14 responsibilities. He said there is a proposal on page two which forecasts revenue expectations 15 for each of the three entities. 16 He said the plan identifies services and lays out service types. He said there needs to 17 be continued planning. He said there have been meetings with County staff about a proposed 18 process that involves stakeholders —from Durham County and Orange County— and there 19 would be defined goals for these services. He said data on travel demands and markets in the 20 county would be analyzed to develop service and capital proposals, such as park and ride lots. 21 He said there would then be a prioritization process taking into account financial constraints. 22 He referenced the proposal on pages 5-7 of the abstract and said the intent is to have broad 23 outreach. 24 He said Triangle Transit has identified additional frequencies from South Durham to 25 UNC to deal with overcrowding in the park and ride lots. This will be done this fall. He said 26 Chapel Hill Transit has communicated an expectation for some money to be used to fund 27 existing services and some money to expand evening and Saturday hours. 28 He said communication has just been received from Orange County staff regarding 29 options for use of revenues, and the process of determining revenue use is nearing closure. 30 Sondra Freeman, Chief Financial Officer for Triangle Transit, said information has been 31 provided on the investment plan overview. She said attempts are being made to be very 32 transparent in all decisions; and TT will be responsible for providing financial information and 33 ensuring that information is audited each year. 34 She directed the Board members to Attachment 1, and she reviewed the 2013-14 35 proposed budget. She said the total collections will be $31 million, and the total expenditures 36 will be $16.3 million. She reviewed the revenue sources and the expenditures. 37 She reviewed the numbers from the chart on abstract page 4 - FY14 Draft Budget for 38 the Bus and Rail Investment Plan. Total collections for Orange County, from all revenue 39 sources, are $7.3 million and administrative costs total $150,000. She said costs are split 40 between the two counties. She said there is also a very conservative reserve of$3.2 million. 41 This leaves a net revenue of about $4 million. 42 Commissioner McKee asked for the percentage of administration costs. 43 Sondra Freeman said administrative costs make up 1.03% of the total collected. 44 Commissioner McKee asked if this includes personnel and consultants. 45 Sondra Freeman said no, this is strictly administrative costs. 46 Sondra Freeman said that staff positions are pro-rated, and positions will be hired 47 throughout the year at different stages. An annual cost will be available the following year. She 48 said there are 9 individuals included, with a total of$169,000. She said the consultants total is 49 $3.2 million for Orange. 16 1 She reviewed the transit services numbers and said the OPT dollars are at $88,350, and 2 Chapel Hill Transit is at $471,200. She said both of these numbers are based on the planned 3 percentages. She said Triangle Transit dollars total $176,700. 4 She noted that the total bus service expenditure is $736,250, which is equal to the 5 available revenue, leaving a net of zero. 6 She said there is a balance of$3.1 million remaining. She noted a modest negative of 7 $88,000 for fiscal year 2014 and said that this will be covered if the $3 registration happens by 8 the fourth quarter. 9 David King said there are three other components of the plan, including "Busway" 10 improvements along MLK and the Hillsborough Train Station, which is an $8.5-9 million project. 11 He said notification has been given that the County is ready to go on this when the folks at the 12 rail division are ready. He said the Town of Hillsborough is ready to go with the environmental 13 work to prepare for this project. He said this will help determine park and ride and platform 14 locations. 15 He said the final and biggest piece is the light rail work. He said this is on scale with 16 development and planning for a major freeway in design and environmental planning. He said 17 this work will proceed this year, and there will be a board presentation on this tomorrow. He 18 invited the Commissioners to attend. He noted that there are no guarantees that this will be 19 funded. 20 Commissioner Pelissier asked for an explanation of the new application and why this 21 must be re-submitted. 22 David King said an application was submitted in September 2012, and two weeks later a 23 new bill (MAP 21) was passed, establishing a new set of rules. Thus, the submission was put in 24 under an earlier set of rules and now has to be re-done under the new rules. He said one of 25 the most relevant changes is that once you enter the federal pipeline, you have two years to 26 complete the environmental work. He said the current plan includes about 26 months worth of 27 work and this can't be crammed into 24 months. He said the next few months will be spent 28 reducing that timeline, so that when submission is redone and the project enters the pipeline, it 29 will be able to be completed in the required time frame. 30 Chair Jacobs said that one of their original goals, when inviting Triangle Transit to 31 speak, was to give this update to the Board of County Commissioners and to the public. 32 Commissioner McKee said there has been some email traffic about the proposed 33 Mebane to Durham route and whether it will be on 1-85 or Hwy 70. He said there is some 34 disagreement over the word "express." He said that because this route will have 4-5 stops, it 35 can be called "express"; however, the needs of the citizens and the route of the bus need to 36 align. He said the needs are on 70 and not on I-85, but I-85 seems to be Triangle Transit's 37 focus. He asked if there is any clarification for these citizens. 38 David King said TT remains committed to collaborating with Orange County staff to 39 gather facts and arrive at a decision on which is the best way to go from west Orange County to 40 Duke Hospital. He said the plan did say express, and this did not come up until after the transit 41 vote. He said TT is not intending to put a route out there that does not satisfy the residents. 42 He said this may mean two routes, prioritizing the routes, and doing whatever can be afforded. 43 Commissioner McKee said not to prioritize the residents out of their needs. His 44 understanding from the meeting with Triangle Transit was that the Hwy 70 corridor would be 45 used, but he is not comfortable that this decision is still holding. He said he understands the 46 data driven decisions but, with $736,000 for bus services, there is no way to do two routes. He 47 wants to make sure that the service to residents is a priority. 48 David King said he thought that is what he said, and he agreed with Commissioner 49 McKee. He said that TT will work collaboratively with Orange County staff. 17 1 Commissioner Price said she agreed with Commissioner McKee. She said not all of the 2 residents of Mebane and Efland want to go to Duke. Many of them want to get to Hillsborough 3 and points within Orange County. She asked about the consultants and what is being spent on 4 them. She pointed out that these are for the light rail, and if there is no guarantee on getting 5 funding, why would the consultants be needed. 6 David King said the plan for Durham and Orange County includes a light rail system and 7 2.8 miles of that are in Orange County. He said there has been effort to come up with a way to 8 allocate the cost. He said that in order to compete for federal funds, planning work must be 9 done to determine how things will fare before entering the long process. He said the indication 10 is that this project will fare well. He said this light rail looks more productive in all directions 11 than other systems. He said that moving forward involves the planning and consultants. He 12 again invited the Board to attend the meeting being held tomorrow. 13 John Tallmadge said the route from Mebane to Hillsborough to Durham is not the only 14 service in Northern Orange County. He said that part of the reason for the planning process is 15 to provide connections within the county and to connect the two counties. 16 Commissioner porosin said the budget form does not have enough information, as 17 related to transparency. He said administrative costs should be spelled out in the budget, as 18 well as the personnel line item. He said this line item, as well as the consultant line item, should 19 be itemized out to detail who and what it covers. He said the consultant line item is large and 20 there should be a breakdown of who these consultants are. 21 Commissioner Gordon asked for insight and refinement on how the $30-60 million in 22 costs will be rolled out in the next couple of years. She asked for the costs of the 4 month and 23 the 24 month process and what is done at the end of the process. 24 David King said by the end of this year TT hopes to have a draft environmental impact 25 statement. He hopes to look at the distance between the draft statement and the record of 26 decision and see a 20 month period. He said this will leave a 4 month cushion, versus a 24 27 month time clock. He said the cost to get to the draft environmental impact statement is $5.8 28 million, and this will take it to the end of the year. He said, to finish from that point, is estimated 29 to cost no more than $30 million. He said that among the things to be done are: making a 30 decision on where to have terminal station at UNC; how to negotiate Meadowmont; how to 31 cross New Hope Creek; and how to pass by the west side of Erwin Road. He said TT then has 32 to work with N.C. Railroad Corridor. He said these are some of the things that the consultants 33 will be doing, and he said any other budget feedback is welcomed. 34 Commissioner Gordon said $6 million seems like a lot of money compared with the 35 costs for the bus system, and she asked for an explanation of why there is a $6 million spread 36 in the estimate. 37 David King said there are a lot of uncertainties, such as the New Hope Creek area. He 38 said there is an alignment that was committed to, but TT also committed to looking at an 39 alignment close to 15-501. He said if this happens to be a clean and quick decision on the part 40 of all parties involved then the cost will fall in the low range. If not, then it will fall in the higher 41 range. He said there is too much uncertainty around this issue. He said there is similar 42 uncertainly with the Meadowmont versus 54 east. 43 Commissioner Gordon said she feels it is important to continue to provide these 44 explanations. 45 Commissioner Rich said she assumes that the timeline goal is early 2014 for 46 implementation of bus capital projects. 47 John Tallmadge said that will depend upon the consensus of what is being done. He 48 said that TT does anticipate increasing Southpoint service and frequency of service to UNC 49 prior to the start of the fall semester. 18 1 Commissioner Rich asked if there is room in the budget for advertising and outreach to 2 notify of changes in service or frequency. 3 John Tallmadge said that is part of Triangle Transit's current budget. 4 Commissioner Pelissier said the Board does need details in the budget. She said she 5 sees it at their board meetings at Triangle Transit and it should be shared with the public. 6 Commissioner Pelissier asked about performance standards and the need to develop 7 them. She presumed that the performance standards for the regional routes would be the 8 same as current routes. 9 David King said that is correct. 10 Commissioner Pelissier asked about the time frame for developing performance 11 standards for Chapel Hill Transit routes and rural routes, as these would provide guidance in 12 making decisions. 13 John Tallmadge said that the anticipation is to do that within the 6 month planning 14 window. 15 Commissioner Pelissier asked where the public can get information on all of the new 16 routes. 17 David King said the public can go to triangletransit.org or to call the call center. He said 18 that OPT routes are not in that system, and that can be worked on. He referenced a new app 19 that follows buses on Google Maps. 20 Commissioner Pelissier asked if Chapel Hill has a direct link to the Triangle Transit 21 website and OPT. 22 John Tallmadge clarified if this is referring to services that exist today. 23 Commissioner Pelissier said as the plan goes forward, she would like to see this for 24 future routes. 25 John Tallmadge said TT is talking about where to house this information. 26 Commissioner Pelissier suggested inclusion of links to the various governmental bodies. 27 Chair Jacobs said there was a spirited exchange involving rail advocates and the town 28 manager of Hillsborough regarding changes that might affect the planning of the Hillsborough 29 Train Station. He asked David King to get back to the Board with an analysis of those emails. 30 David King said he would do that. 31 Chair Jacobs said the process that Triangle Transit has outlined to engage the residents 32 is comforting. He said that part of the problem is that there are terms that mean one thing to 33 Triangle Transit and mean another to Orange County. He said that having a public 34 engagement process will help deal with this. He feels comfortable that TT and the Board have 35 heard each other. 36 David King said collaboration is collaboration. 37 Frank Clifton said he wanted to bring it to the attention of the Board that there is a fairly 38 substantial reserve being established. He said that all three parties must agree and he said 39 that if there are excess undesignated revenues, the three parties can possibly take these and 40 address additional bus service needs. 41 Commissioner McKee asked for a clarification on bus hours. He noted that there is an 42 amount of 34,000 bus hours and of this number, some of those hours are allocated to Triangle 43 Transit services in the Chapel Hill area. He asked for differentiation of these numbers in terms 44 of what is for existing services versus new services. 45 David King said 100% of the money allocated in the plan will be used for new services. 46 He said that 24% of the hours will be for bus service. He said the town of Chapel Hill has not 47 given them a final answer, but wants to use some of the money for inflationary costs, existing 48 services and re-instatement of services. He said TT is looking to hear from Orange County on 49 its intention. 50 He said Triangle Transit money will go to new services. 19 1 Commissioner McKee asked if Triangle Transits hours are included in the 34,000 hours, 2 and David King said yes. 3 Commissioner McKee said when hours being used for existing services are backed out 4 there will be a smaller number of bus routes and fewer new routes with this new plan. He said 5 there needs to be a focus on buses that can access the areas of greatest need. 6 7 b. Space Study Update 8 The Board considered: 9 1) The fulfillment of space study goals and the methodology for space needs analysis; 10 2) Identified unmet space needs and the current space study initiatives that address 11 these needs; and 12 3) The consolidated property inventory for all County owned property. 13 14 Jeff Thompson reviewed the following PowerPoint presentation: 15 16 Space Study Update 17 BOCC Regular Meeting 18 May 21, 2013 19 20 Intended Outcome: 21 • Background/Perspective 22 • Goals & Fulfillment 23 • Current Initiatives 24 • Facility Inventory Report 25 26 Background: 27 • Originated in Space Needs Task Force, Year 2000 28 • Foundation Report: 2001 29 • Guiding Principals 30 - Co-Location of Departments with similar functions/customer bases 31 - Consolidation to as few as practical "Clusters" of service 32 - Ownership 33 34 Background: 35 • Resulting Built Environment: 36 - Senior Centers, Sportsplex 37 - Emergency Services/911 Center 38 - Animal Services Facility 39 - West Campus Office Building, Library 40 - Justice Facility Expansion, District Attorney 41 - Link Government Services Center Renovation 42 - Social Services, Health & Dental Consolidation 43 - Public Defender, Probation & Parole, Guardian Ad-Litem 44 - Child Support Enforcement 45 46 Current Initiatives: 47 • County Magistrate Upfit 48 (Original Jail Building) 49 - Space Planning complete with Magistrate's Office 50 - Construction to be complete September, 2013 20 1 Whitted Facility— Permanent Board Meeting Facilities 2 - June, 2013— start of programming & design 3 - June, 2014— anticipated opening 4 5 Current Initiatives: 6 • Emergency Services Substations 7 - Site/Space Prototype RFQ in process 8 - Design and construction contemplated in FY15-16 9 • Southern Campus Master Plan 10 - 2013 —securing development rights 11 - FY13-14 — site and space programming expected 12 • New County Jail 13 - FY13-14 -- Site Due Diligence, Designer Selection, Space Planning, 14 Space Programming 15 16 Current Initiatives: 17 • Southern Orange Library 18 - FY13-14 — suggested sites to be evaluated per Board approved criteria; space 19 study and programming exercises to begin 20 • Cedar Grove Community Center 21 - FY13-14— space programming and design 22 - FY14-15— construction 23 24 Current Initiatives: 25 • Agricultural Center 26 - Programming/Space study to be commissioned in FY13-14 27 - Multiple sites to be analyzed commensurate with original space study guidelines 28 • Board of Elections 29 - Current Location originally slated as temporary; permanent location was 30 contemplated at Hillsborough Commons (Board declined purchase option) 31 - Space study encouraged for BOE in FY13-14 32 33 Current Initiatives: 34 • Durham Tech Educational Spaces 35 • Potential Sportsplex Expansion 36 • Economic Development Incubator Spaces 37 • Storage Space Planning & Utilization 38 39 Under-utilized Assets: 40 • Government Services Annex 41 • AMS North Admin Building 42 • Whitted 2nd Floor 43 • Link Lower Level 44 45 Referring to the slide on Current Initiatives, Jeff Thompson said the Storage and Space 46 Planning & Utilization is a large priority. He noted the need for adequate storage and said this 47 will be a big part of the initiative. 21 1 He referred to the Under-utilized Assets slide and said the Asset Management Services 2 North Admin Building sits on the highway 86 campus, adjacent to the OPT modular unit. He 3 said this building is currently available and is a possible relocation site for OPT. 4 Referring to Whitted, he mentioned a new alternative with more administrative office 5 space or art space and said this will be presented at a later date. 6 7 Architect, Mike Hammersly presented the next three slides 8 9 East Campus Existing Conditions Analysis: (blueprint) 10 11 East Campus Regulatory Analysis: (blueprint) 12 13 East Campus Buildout Analysis: (blueprint) 14 15 Facility & Property Report: 16 • Updated annually and presented during budget season 17 • Future features will include: 18 - Estimated market values of appraisals for properties 19 - More complete and descriptive insured values 20 - Departmental use survey information 21 22 Mike Hammersly reviewed the blueprint slides. He designated the geothermal well 23 areas as well as the proposed new field. He said that the green denotes existing geothermal 24 system at the Link Center; the blue is the proposed new geothermal well system; and the black 25 is the Justice Center system. 26 Chair Jacobs noted that there are existing geothermal wells between the Link Center 27 and the Annex, and Mike Hammersly agreed. 28 Commissioner Gordon asked for clarification on the geothermal system and Mike 29 Hammersly reviewed the color designations. 30 Mike Hammersly reviewed the regulatory items and noted the flood plains, stream 31 buffers and road setbacks. 32 Commissioner Rich asked how an area gets the archeological designation. 33 Jeff Thompson said the County has a policy that requires a qualified archaeological 34 study on county property. He said there are already maps in place that detail sensitive areas. 35 Commissioner Rich asked what is done with these areas. 36 Frank Clifton said there are landscape features there and it functions as a green spot 37 with careful maintenance. He clarified that any future building would avoid that area. 38 Chair Jacobs said there has been joint consultation to make sure no signs are going in 39 on the sensitive archaeological sites. 40 Commissioner McKee asked what facility would be served by the wells shown in blue. 41 Jeff Thompson said this will serve the Court Street Annex property, the Historic Court 42 House, the District Attorney's Building, and possibly the jail. 43 Commissioner Gordon asked if the green area at the Link Center is all in place. 44 Mike Hammersly said this is all in place. 45 Commissioner Gordon asked about the blue area. 46 Jeff Thompson said the blue area is pending and was authorized last fall. He said the 47 bid process has begun and bids will be opened on May 23�a 48 Commissioner Gordon said, looking at the potential building sites, there appears to be 49 some area for potential building that is being taken up by the geothermal system. 22 1 Mike Hammersly said this is just a designation of areas that offer potential for building, 2 even after the geothermal system is put in. 3 Commissioner Gordon said she thought there was space for a building site to the west 4 of the Link Government Services Center (GSC). 5 Jeff Thompson said that can't be built on because of flood plain. 6 Commissioner Gordon clarified that parking can be put on top of the wells, and asked if 7 there could be an addition to the Link GSC on the south side of the building. She asked if a 8 building could be put over the wells if the first floor was parking surfacing with a second floor 9 building. 10 Mike Hammersly said the wells can be moved if needed, but this is not the best option. 11 He said the second floor building with parking on the surface level could be done. 12 Commissioner Price said her understanding was that the entire area was an 13 archaeological site, or at least a sensitive site. She said she understands that this area was one 14 of the first settlements in North America and the river is a wash area. 15 Jeff Thompson said the entire area is a sensitive area. He said this is why 16 archaeological specialists are brought in, whenever the ground is touched. He said the pottery 17 shards were discovered in the designated archaeological area and this area was then surveyed, 18 photographed and then buried to protect it. 19 Commissioner Price asked about the other potential site that parallels Churton Street. 20 Jeff Thompson said this would be studied as well, if it was to be developed. 21 Chair Jacobs said another discussion of this is needed, and it may require a work session in 22 September. He suggested that the Board work with the manager's office to schedule that. 23 He said the original plans for the Justice Facility took the building, unimpeded, from 24 Churton Street to the creek along Margaret Lane. The Board decided that it did not want to 25 build a parking deck over the annex and that there would not be sufficient infrastructure to 26 support any more traffic in Downtown. He said the current building is a direct reflection of this. 27 Commissioner Gordon pointed out that there is now a parking deck in downtown, and 28 this changes things. She said that she would like to see a formal space study outline that looks 29 at the following: what are the guidelines; what is the scope of work; what are unmet needs; 30 what is the timeline for planning; and what is the methodology. Once these things are 31 determined, the Board can review this and make decisions, and then let the Board of County 32 Commissioners review and decide if this is a viable option. She suggested this study be 33 brought forth before summer break to give the Board something to consider. 34 Jeff Thompson said he needs direction on one thing. He said the plan is to have 35 opening bids on May 23�d and to bring the award in June. He pointed out that if that is delayed, 36 it will delay a 12 month cycle. He asked if this could proceed. 37 Commissioner Price asked how much of this should be considered when looking at the 38 budget. 39 Frank Clifton said the only substantial proposal in the budget for this year is the Whitted 40 activity and much of the rest is design work and analysis. He said the geothermal well process 41 is the only substantial construction and this was budgeted in the current fiscal year. 42 Commissioner McKee asked if there had been any consideration of rescheduling the 43 construction of the geothermal wells around the public market house, since this is a farmers' 44 market in this area, and this is a prime selling season. 45 Jeff Thompson said the wells must be in place before the equipment changeover, and 46 the equipment changeover must be done in the cool part of the season. He said that if there is 47 a delay for the farmers' market, the project will have to be pushed until next spring. 48 Wayne Fenton said the staff has met with the market management and talked about 49 alternative market locations, including the parking lot to the south of the Government Services 50 Annex, as well as the lot in front of the Sheriff's office. He said the sheriff was open to this 23 1 arrangement. He said the market folks were most concerned with visibility, and this sheriff's 2 office location meets that need. He said the staff has offered to provided tents and signage 3 during the temporary re-location. 4 Commissioner McKee clarified that market staff are amenable to utilizing the sheriff's 5 parking lot, and Jeff Thompson said yes. 6 Clarence Grier noted that moving the geothermal project would delay other projects. 7 8 Commissioner porosin said the County Fair item can be deferred as needed. 9 10 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to 11 direct staff to draft and bring back to the Commissioners, before summer break, a proposal for 12 a space study to include: goals, guidelines, scope of work, unmet needs, current space study 13 initiatives, timeline, methodology, work products and measures. 14 15 VOTE: UNANIMOUS 16 17 c. Potential Oranqe County Fair— Preliminary Backqround Report 18 The Board was to receive a report providing background information about county fairs 19 in North Carolina, and information related to existing events, infrastructure and managing 20 structures for a potential Orange County Fair. 21 22 DEFERRED 23 24 d. Enerqy, Water And Fuel Performance Report for Fiscal Year 2012 25 The Board was to receive a report regarding reductions in use of energy, water and fuel 26 in fiscal year 2011-12. 27 DEFERRED 28 29 9. County Manaqer's Report 30 31 NONE 32 33 10. County Attorney's Report 34 35 NONE 36 37 11. Appointments 38 39 a. Advisory Board on Aqinq —Appointments 40 The Board considered making appointments to the Advisory Board on Aging. 41 42 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 43 appoint Ed Flowers to the Hillsborough Town Limits position for a second full term ending 44 06/30/2016 and CDR Alexander Castro, Jr. to an At- Large position for a second full term 45 ending 6/30/2016 on the Advisory Board on Aging. 46 47 A motion was made by Commissioner porosin, seconded by Commissioner Price to 48 appoint Dr. Tori Reid to position #10 —At- Large, with an ending date of 6/30/2016. 49 50 VOTE: UNANIMOUS 24 1 2 b. Chapel Hill Board of Adiustment—Appointment 3 The Board considered making an appointment to the Chapel Hill Board of Adjustment. 4 5 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 6 appoint Jennifer Amster to the Chapel Hill Board of Adjustment. 7 8 VOTE: UNANIMOUS 9 10 c. Commission for the Environment—Appointments 11 The Board considered making appointments to the Commission for the Environment. 12 13 A motion was made by Commissioner Gordon seconded by Commissioner Rich to 14 appoint Donna Lee Jones to the Water Resources position with an expiration date of 15 12/31/2015; appoint Susie Enoch to an At-Large position with an expiration date of 12/21/2015; 16 and to move Gary Saunders, from an At-Large position (# 9) to the Engineering position (# 12) 17 since he is an Engineer and appoint Jeanette O'Conner to Mr. Saunders' At- Large Position. 18 19 A motion was made by Commissioner Price, seconded by Commissioner porosin to appoint 20 Steven Niezgoda to an At-Large position (# 14) with an expiration date of 12/31/2015. 21 22 VOTE: UNANIMOUS 23 24 d. Economic Development Advisory Board —Appointments 25 The Board considered making appointments to the Economic Development Advisory 26 Board. 27 28 A motion was made by Commissioner porosin, seconded by Commissioner Rich to 29 appoint Will Lambe to the UNC — Chapel Hill position on the Economic Development Advisory 30 Board. 31 32 VOTE: 1-6 (Commissioner porosin- yea) 33 34 A motion was made by Commissioner McKee, seconded by Commissioner Price to 35 appoint Jim Kitchen to the UNC at Chapel Hill position 36 37 VOTE: 6-1 (Commissioner porosin- nay) 38 39 A motion was made by Commissioner porosin, seconded by Commissioner Rich to 40 appoint Keia McLamb to the Core Business Community position. 41 42 VOTE: UNANIMOUS 43 44 e. Historic Preservation Commission —Appointment 45 The Board considered making an appointment to the Historic Preservation Commission. 46 47 A motion was made by Chair Jacobs, seconded by Commissioner McKee to appoint to 48 Susan T. Ballard to the Historic Preservation Commission. 49 50 VOTE: UNANIMOUS 25 1 2 f. Human Relations Commission —Appointments 3 The Board considered making appointments to the Human Relations Commission. 4 5 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to 6 appoint Ms. Natalie Wu to an At-Large position for a first full term ending 9/30/2015 and Mr. 7 Marc Xavier to an At- Large position for a first partial term with an ending date of 9/30/2014 on 8 the Human Relations Commission. 9 10 VOTE: UNANIMOUS 11 12 A motion was made by Chair Jacobs, seconded by Commissioner Rich to appoint Jamie Paulen 13 to position # 17- At- Large with an expiration date of 6/30/2014. 14 15 VOTE: UNANIMOUS 16 17 g_ Jury Commission —Appointment 18 The Board considered making an appointment to the Jury Commission. 19 20 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 21 appoint Bob Hall to the Jury Commission. 22 23 VOTE: UNANIMOUS 24 25 12. Board Comments 26 27 Commissioner Pelissier said she and Commissioner Price attended the NCACC Public 28 Safety and Justice Steering Committee meeting on May 8 and had an overview of the statewide 29 VIPER system, which is only 88% complete. She said one challenge is financing for 30 maintenance. She said there was also discussion of the Prison Rape Elimination Act, which is 31 implemented at the federal levels and is now coming down to the local levels. She said it is 32 important for Orange County to implement this, because the County houses many federal 33 inmates. She has asked the attorney to look into who is ultimately responsible. 34 She also attended the environmental committee recently, where she heard about a bill 35 related to the reports for Solid Waste. She said there was an update on fracking and she 36 offered to discuss this further with anyone who is interested. 37 Commissioner Gordon reported on the Transportation Advisory Committee meeting of 38 the DCHC MPO. She said one major topic of discussion was the Strategic Mobility Formula. 39 She sent an email to the Board with the letter drafted by the MPO which covered the major 40 points of concern to the MPO. The formula sets priorities for funding transportation projects 41 and she said it does not look good for local projects. 42 She said the other important item was the Memorandum of Understanding (MOU). She 43 said the staff has advised that the MOU be revised. One of these revisions is to include 44 Triangle Transit in the membership, which will involve several changes. She said she has 45 suggested that, given the population of Orange County, there should be one more member on 46 the TCC. 47 She said the Unified Planning Work Program has been approved for 2013, but there is a 48 request for counties to pay money for planning. 49 She said the 2040 Metropolitan Transportation Plan and Air Quality Conformity 50 Determination Report was adopted. 26 1 Commissioner Rich said there is an update coming from the Rogers Road meeting. 2 She would like to see a work session set up to discuss this in more detail after the final report 3 comes in September. 4 Commissioner McKee said the Walnut Grove Convenience Center has been open for a 5 couple of weeks, and he has had positive feedback. He said people are pleased with the traffic 6 flow and the setup. He said he will check to see about the shade areas for staff. 7 Commissioner porosin asked about the comment letter regarding drug testing 8 requirements for benefits. He said that if there is still consensus from the board, he would love 9 to see this happen. 10 Chair Jacobs said there is no consensus; but there is a majority, and he can draft a 11 letter, or a resolution can be added to the next meeting. 12 Commissioner Price said she has seen emails about the Research Triangle Regional 13 Partnership, and at one point, the General Assembly was going to re-district the state. If this 14 had been done, Orange County would have been with Greensboro, but this has not happened 15 at this point. 16 Chair Jacobs said there was a report completed on the TTA staff ineeting. He said 17 there is also a report on the meeting with the manager and Mayor of Durham, which was a 18 productive meeting. 19 He said there was an event in Efland last week to finish and dedicate one sewer line and 20 to break ground for a second line. This was well attended. 21 He said that there was discussion at the agenda review, regarding the resolution on 22 bringing home money from Afghanistan. He said this is an incredibly dense motion and it was 23 decided that it should be brought back before the board for review. 24 Commissioner Rich requested a copy of this item. 25 26 13. Information Items 27 28 • May 7, 2013 BOCC Meeting Follow-up Actions List 29 • Tax Collector's Report— Measure of Enforced Collections 30 • Tax Collector's Report— Numerical Analysis 31 • Parks & Recreation Master Plan — Update 32 33 14. Closed Session 34 35 A motion was made by Commissioner McKee seconded by Commissioner Rich to 36 adjourn into closed session at 10:56 PM for the purposes below: 37 38 "To discuss the County's position and to instruct the County Manager and County Attorney on 39 the negotiating position regarding the terms of a contract to purchase real property," NCGS § 40 143-318.11(a)(5). 41 42 "To discuss and take action regarding plans to protect public safety as it relates to existing or 43 potential terrorist activity and to receive briefings by staff inembers, legal counsel, or law 44 enforcement or emergency service officials concerning actions taken or to be taken to respond 45 to such activity." [N.C.G.S. 143-318.11(a)(9)] 46 47 VOTE: UNANIMOUS 48 49 A motion was made by Commissioner Gordon seconded by Commissioner McKee to 50 reconvene into regular session at 11:45pm. 27 1 2 VOTE: UNANIMOUS 3 4 15. Adjournment 5 6 A motion was made by Commissioner Gordon seconded by Commissioner McKee to adjourn 7 the meeting at 11:49pm. 8 9 VOTE: UNANIMOUS 10 11 12 Barry Jacobs, Chair 13 14 Donna S. Baker, CMC 15 Clerk to the Board 16 17 18 1 1 Attachment 4 2 3 DRAFT MINUTES 4 BOARD OF COMMISSIONERS 5 BUDGET PUBLIC HEARING/CIP WORK SESSIOON 6 M ay 23, 2013 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met for a Budget Public Hearing/CIP Work 10 Session on Thursday, May 23, 2013 at 7:00 p.m. at the DSS Offices, Hillsborough Commons, 11 Hillsborough, N.C. 12 13 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark 14 Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, and Penny Rich 15 COUNTY COMMISSIONERS ABSENT: 16 COUNTY ATTORNEYS PRESENT: 17 COUNTY STAFF PRESENT: Assistant County Managers Clarence Grier, Michael Talbert and 18 Clerk to the Board Donna Baker (All other staff inembers will be identified appropriately below) 19 20 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 21 AGENDA FILE IN THE CLERK'S OFFICE. 22 23 1. Openinq Remarks 24 25 26 2. Presentation of County Manaqer's Recommended FY 2013-14 Budqet (PowerPoint 27 Presentation) 28 A copy of the County Manager' Recommended FY 2013-14 Budget can be found at the 29 following website: http://www.orangecountync.gov/finance/index.asp 30 31 32 County Manager's Recommended FY 2013-14 Annual Operating Budget and Capital 33 Investment Plan 34 Presentation 35 Southern Human Services Center, Chapel Hill 36 Orange County, NC 37 May 21, 2013 38 39 Guidinq Principles 40 • Balances County's operating budget without a property tax rate increase — 5th 41 Consecutive Year 42 • Provides funding for County services at current levels 43 • Funds local school districts enrollment growth, operational funding and debt 44 service. 45 46 Recommended General Fund Budqet 47 • Totals $185.9 million 2 1 • Represents an increase of$5.9 million from original current year budget of 2 $180.0 million, which is a 3.29 percent increase from previous year original 3 budget 4 • Represents a $6.2 million decrease in the current year's amended budget 5 Components of General Fund Budqet 6 7 General Fund Revenues........................ $182,554,881 8 General Fund Unassigned Fund Balance........... $ 3,366.309 9 General Fund Expenditures........................... $ (185,921,190) 10 Net...................................... $ 11 12 Orange County Budget 13 Past 6 Fiscal Years (Graph) 14 15 Proposed Ad Valorem Tax Rate Effective July 1, 2013 16 • Proposed tax rate of 85.8 cents per $100 of assessed valuation 17 • This rate produces $137.8 million in property tax revenues for FY 2013-2014 18 • Overall Real Property Valuation increased 2.7% 19 • One cent on property tax estimated to generate $1,606,869 20 21 Orange County Property Tax Revenues 22 Past 6 Fiscal Years (Graph) 23 24 Sales Tax Revenues 25 • Recommended Sales Tax Revenues of$17.2 million is $1.5 million higher than the 26 $15.7 million budgeted in FY 2012-2013 due to an expected 2 to 3 increase in consumer 27 spending , and current year projections 28 • Actual sales tax revenues are down over 31% since the peak of$22.5 million in fiscal 29 year 2007-2008 30 31 Orange County General Fund 32 FY 2013-14 Revenues (Graph) 33 34 Proposed Chapel Hill-Carrboro Citv Schools District Tax Rate Effective Julv 1, 2013 35 • Recommended tax rate of 18.84 cents per $100 of assessed valuation 36 • Represents no increase in the roperty tax rate for the District 37 - Recommended tax rate will generate �19.4 million for the Chapel Hill — Carrboro City 38 School District 39 • This represents an additional $1,584 per pupil above the County's allocation 40 • One cent on district tax is estimated to generate $1,029,085 41 42 Recommended Fundinq for Chapel Hill - Carrboro Citv and Oranqe Countv Schools 43 • Total General Fund appropriation totals $87.8 million 44 • Funds day-to-day operations, repayment of school related debt, and capital 45 • Equals an appropriation of 48.1 percent of total General Fund Revenues 46 • Reflects $2.4 million increase from current year General Fund appropriation 3 1 • Equates to a current expense allocation of$3,188 per student for each of the 2 19,908 students in both districts for day-to-day operating funds and projected 3 enrollment growth. 4 5 6 7 County Education Fundinq Fiscal Year Original Budget General Fund % of Revenues 2008-2009 $90,447,942 50.0% 2009-2010 $86,378,040 48.6% 2010-2011 $87,135,916 49.8% 2011-2012 $84,175,033 47.5% 2012-2013 $85,455,533 48.1% 2013-2014 $87,812,103 48.1% 8 9 Additional Fundinq for Local Schools 10 • In addition to the $87.8 million for operations, debt and capital, recommended budget 11 allocates $1.9 million to fund non-mandated safety net initiatives for both school districts 12 Some of these initiatives are: 13 • School Health Nurses - $683,706 14 • School Resource Officers - $545,514 15 • School Social Workers - $692,283 16 • With these additional non-mandated funding initiatives, the total funding for the local 17 school districts total 49.2% of the General Fund Revenues 18 19 Maior Funded Countv Initiatives 20 • Maintains all County services at current levels 21 • Funds the increase in medical insurance and fully funds the 401(k)/457 plans for non- 22 sworn employees 23 • A cost of living and in-range increase equating up to 3% in compensation for employees 24 • Provides for and increases in positions for EMS Communicators, a Quality Assurance 25 Training Officer, EMS Assistant Supervisors staggered over the year to address the 26 recommendations of the Emergency Services Study and Work Group 27 • Provides for six new positions in Information Technologies to address the 28 recommendations included in the Information Technology Strategic Plan 29 • Provides funding to the Town of Chapel Hill Library totaling $483,426 30 • Allocations provided to non-profit organizations total $1,030,100 for FY 13-14. 31 • Long range/pay-as-you go County capital is $620,000. 32 • Debt service for the General Fund will be $25.6 million 33 4 1 2 Commissioner porosin arrived at 7:08:03 PM. 3 4 Orange County General Fund 5 FY 2013-14 Expenditures (graph) 6 7 Solid Waste Initiatives 8 • The closure of the landfill with public education and other related planning efforts of the 9 landfill in FY2013-14. We expect to incur $3.2 million in closure cost in FY 2013-14. 10 • The planning and design for the Eubanks Solid Waste Convenience Center 11 improvements 12 • New Landfill Mattress Fee of$10.00 per mattress 13 • Recycling Fees - No additional 3-R Fee billings for the upcoming year, which results in a 14 projected revenue loss of$1.1 million, and propose an increase in the Basic 3-R Fee 15 from $37.00 to $47.00 per household 16 • We propose increases in the sanitation household fee to be charged per household as 17 follows: 18 • Rural Residential Increase from $20.00 to $40.00 19 • Urban Household Increase from $10.00 to $20.00 20 • Multi — Family Increase from $2.00 to $4.00 21 22 23 Additional Fundinq Options 24 • Appropriate Fund Balance, if necessary; The Board may use up to $650,000 without a 25 negative impact on fund balance 26 • Property tax rate increase 27 • Increase in CHCCS Special District Tax 28 29 Revenues Generated By Property Tax Increase 30 Tax Increase Property Tax Revenues Per Pupil Equivalency Generated 1 cent $1,606,869 $80.71 2 cents $3,213,738 $161.43 2.4 cents $3,856,486 $193.72 4 cents $6,427,476 $322.86 5.5 cents $8,837,780 $443.93 31 Based on 19,908 students 32 33 Revenues Generated Bv Increase in CHCCS Special District Tax 34 5 Tax Increase Property Tax Revenues Per Pupil Equivalency Generated 1 cent $1,029,085 $84.06 2 cents $2,058,170 $168.12 5.5 cents $5,659,968 $462.34 1 Based on 12,242 projected students for the CHCCS School District 2 3 County Capital Investment Plan 4 5 Fiscal Year 2013-14 6 7 Appropriations 8 9 County Capital Projects $5,895,268 10 11 Special Revenue Fund (Article 46 Sales Tax) 12 Economic Development $1,319,500 13 Chapel Hill Carrboro City Schools 801,900 14 Orange County Schools 516,850 15 16 Proprietary Capital Projects 17 Water & Sewer Utilities 896,250 18 Solid Waste 3,513,936 19 Sportsplex 710,000 20 21 Schools Capital Projects 22 Chapel Hill Carrboro City Schools 3,130,742 23 Orange County Schools 1,947,918 24 25 TOTAL $18,732,364 26 27 Details of the Capital Investment Plan are included in the Budget 28 29 Concerns and Issues for FY 2013-2014 30 31 • Federal Sequestration and State Budget Issues 32 • Debt Service 33 • County Capital Projects 34 • School Capital Pro�ects 35 • Health Insurance 36 • Post-employment Insurance benefit for retirees 37 • Economic Development 38 • Economy 39 6 1 Public Hearinqs and Work Sessions 2 (All Meetings Begin at 7:00 p.m.) 3 4 Public Hearinqs 5 May 23�d — Department of Social Services, 113 Mayo St., Hillsborough 6 May 30th- Southern Human Services Center, Homestead Road, Chapel Hill 7 8 Work Sessions 9 June 6th —Southern Human Services Center, Homestead Road, Chapel Hill 10 June 11th — Southern Human Services Center, Homestead Road, Chapel Hill 11 12 Work Session/Adoption 13 June 13th — Southern Human Services Center, Homestead Road, Chapel Hill 14 15 Final Adoption 16 June 18th — Southern Human services Center, Homestead Road, Chapel Hill 17 18 Document Availability 19 • Clerk to Board of Commissioners 20 • County Finance &Administrative Services Office 21 • Orange County Library 22 • Chapel Hill Public Library 23 • Carrboro/McDougle Branch Library 24 • Cybrary, Carrboro 25 • Orange County Website 26 • www.orangecountync.gov 27 28 Commissioner Price arrived at 7:15 PM. 29 30 Chair Jacobs went over some of the guidelines of a public hearing. He said the County 31 Commissioners appreciate the emails and comments. He pointed out some misconceptions. 32 He said Orange County has not cut school spending. The State legislature has been cutting 33 school spending for a long time. Orange County has remained one of the leaders in school 34 spending. He said what the public is seeing so far is what the Manager is recommending, but it 35 is still not a cut. It is just not what the schools have asked for. The County Commissioners 36 have not made any decisions on school spending yet. 37 38 3. Public Comment 39 Shannon Santos is a parent of a child at Efland Cheeks Elementary. She said they live 40 in a caring neighborhood and they learned how good this school really was. She spoke about 41 how her son's Teacher Assistant really helped him when he was diagnosed with Type I 42 diabetes. She said the TA took diabetes classes and monitored her son's diabetes throughout 43 the year. She spoke in support of keeping teacher assistants. 44 45 Chair Jacobs asked the public to understand that the County Commissioners do not 46 make recommendations for programs or hiring. The County Commissioners only give a lump 47 sum. 48 7 1 Elisabeth Welsby is a 23-year resident of Orange County and spoke on behalf of the 2 Phillip's Middle School Improvement Team. She read a prepared statement. 3 In short, the statement said that the school appreciates the support in the past and they 4 understand that the State has been making the cuts. She said the Manager's budget does call 5 for an increase in per-pupil funding, but it is too small and would result in further cuts for 6 students and teachers. 7 Sherri Carmichael is a resident of Orange County with two kids in CHCCS. She said the 8 school boards have assured a quality education during economic downturns. She said the 9 County must support the schools. Despite the support, North Carolina currently rates 48th in per 10 pupil spending and teacher pay. She asked the County Commissioners to please fully fund 11 both school systems. She said she received an email from one of her daughter's teachers who 12 remained anonymous that asked her to please speak in support of fully funding the schools. 13 Jane Mclver teaches third grade at Central Elementary and asked them to fully fund both 14 school systems. She said they can save money by keeping the teacher assistants in the 15 classrooms. She reviewed what her teacher assistant does in her classroom. 16 Joe Barnett thanked the County Commissioners for their service. He spoke on behalf of 17 Efland Cheeks. He said he is here particularly for SROs, nurses, social workers, and teacher 18 assistants. He said Orange County needs more economic development to help. 19 Fay Jones is principal of Grady Brown Elementary School. She spoke about the ABC's 20 of education —Assistants Benefit Children. She asked the County Commissioners to imagine 21 one teacher in a classroom of 25 five-year olds. She knows that the state legislature wants to 22 cut 33 TAs in the OCS. She said TA positions were created when classrooms grew larger and 23 now they want to take them away. She said TAs are desperately needed. 24 Lora Pitman is a parent of children at Grady Brown and she volunteers every Tuesday to 25 assist in reading. She said there are different levels of abilities in one classroom and there is 26 teamwork in the classroom by teacher and teacher assistants. She said teacher assistants are 27 necessary in elementary schools. 28 Ella Tucker is a student at Grady Brown and she asked the County Commissioners to 29 please fund their schools. 30 Julie Tucker thanked the County Commissioners for their service. She said she is here 31 because of the potential elimination of 27 teacher assistants. She said TAs are fundamental in 32 classroom construction and children's welfare. They are partners with their teachers to building 33 character and compassion in their children. The other option is to decrease class size and add 34 more teachers. TAs fill in the gaps. 35 Raymond Raidy is a regular substitute teacher at Cedar Ridge High School and also on 36 the football staff. He is here in support of the additional gymnasium/classroom building at their 37 school. He said there is a shortage of classrooms. Also, other teams have had to delay 38 practice time because of the use of the gym. 39 Annette Smith spoke in support of Culbreth Middle School's proposed science wing. 40 She said currently her students are in classrooms without water and there is one science lab to 41 serve all six science teachers and multiple classes. She said this science wing achieves equity 42 for all middle school students. 43 Isabel Bravo is a student at Culbreth Middle School and she is here in support of the 44 proposed science wing at her school. She is in 8th grade, but she hopes that this science wing 45 can be built for the students in the future. 46 Beverly Rudolph is principal at Culbreth Middle School and she is speaking on behalf of 47 one of her teachers, Mr. Tyson, who could not attend tonight. She read Mr. Tyson's statement. 48 The current building makes it difficult for the science teachers to be creative in teaching. The 49 best way to learn is in doing, and the science facilities at Culbreth are restrictive and unsafe. 50 This new facility is needed. 8 1 Jeremy Heinold is a science teacher and head basketball coach for the girls at Cedar 2 Ridge High School. He spoke in support of the new classroom wing and new gym at Cedar 3 Ridge. 4 Patrick Kavanaugh is the science department chairperson at Cedar Ridge High School. 5 He said he realizes the Board of County Commissioners has not put them in the position they 6 are in now. He said the school boards have been good at prioritizing and planning, but there is 7 much growth. Cedar Ridge is currently over capacity and the projected growth will require more 8 teachers to keep classrooms at the required levels. Some teachers have to move from 9 classroom to classroom to teach their classes because of lack of space. 10 Manjula Watson urged the County Commissioners to fully fund the CHCCS budget. She 11 said the budget is not for new programs but will only sustain the current programs. 12 Cynthia Larrick has kids in CHCCS and she is proud to call Orange County home due to 13 its schools. She said she would like to pay more taxes in order to fully fund the schools. 14 Sam Gharbo said he is here as a parent and one of the reasons he moved to Orange 15 County was because of the school systems. It has one of the highest taxes in the state. He 16 said his son is thriving at Efland Cheeks Elementary School. He spoke in support of teacher 17 assistants. 18 Jennifer Carson is a teacher assistant at Grady Brown Elementary. She said N.C. ranks 19 at the bottom of the scale for teacher pay and today the state senate passed legislation to 20 reduce TAs by 3,000. She asked the County Commissioners to fully fund the budget. 21 Eric Davis is the Chair of the Cameron Park Elementary PTO. He asked the County 22 Commissioners to fully fund the Superintendent's requested budget. He said teacher assistants 23 are a necessity. 24 Art Menus is the Executive Director of the ArtsCenter in Carrboro. He said the 25 ArtsCenter filled the gap when the state cut arts education. The economic impact of the 26 ArtsCenter is $3.1 million. The ArtsCenter is going to be focusing on the Title I elementary 27 schools in the County this year. The request of the ArtsCenter is $10,000 to support outreach 28 and scholarships for children. 29 Carson Monschein is a fifth grader at Grady Brown Elementary School. He said he does 30 not know what he would have done without his teacher assistant. He had a stroke and brain 31 surgery last year and he has needed help with simple things. He said they should be hiring 32 more teacher assistants. 33 Robert Dowling thanked the Board of County Commissioners for the support they have 34 provided over the years for Community Home Trust. They face a lot of challenges at 35 Community Home Trust. He said they have successes too. They have built 203 homes since 36 the beginning. People in these homes are low-income individuals who would not have had a 37 chance to own homes elsewhere. He said they are diverse group. All of their homes together 38 are worth $40 million and the equity would be $10 million. He thanked the Manager for 39 including Community Home Trust in his recommended budget this year. 40 Tonya King is a substitute teacher and she thanked the County Commissioners for 41 supporting the schools over the years. She encouraged all attending to contact their House 42 Representatives about the state budget because the Senate has already proposed major cuts. 43 Nancy Pekar is Vice President of PTA at Frank Porter Graham Elementary School and 44 asked that the County Commissioners fully fund the CHCCS budget requests. 45 David Schanzer is a parent of children in CHCCS and he is in support of fully funding the 46 budget requests. He said cuts over the last years have caused an increase in classroom size, 47 lack of supplies, tattered books, and mobile classrooms. He said he fully supports a tax 48 increase to provide the needed budget requests. He said they are de-prioritizing education and 49 their teachers deserve raises. 50 Mindy Morton is a representative of Smith Middle School's Improvement Team and she 51 spoke in support of the CHCCS budget requests. 9 1 Elvira Mebane is from the Efland Cheeks area and has a child in OCS. She said she is 2 here to ask the County Commissioners to fully fund the OCS Budget requests. She would like 3 for them to consider the expansion of the Efland Cheeks Community Center because the 4 community is expanding. She thanked them for their continued support around transportation 5 issues in northern and rural Orange County. She spoke about having a bus system through 6 Mebane, Efland, and Hillsborough for the citizens there. 7 Martha Williams has a daughter at Grady Brown and said the State expects more from 8 their children and teachers, yet it wants to take the TAs. This year she has seen that the 9 children in her daughter's class are not financially stable and do not have snacks, glue sticks, 10 etc. She asked that the teacher assistants please not be taken from these children that do not 11 get support at home. 12 Michelle Siegling is a parent from CHCCS and the PTA president at Estes Hills 13 Elementary School. She is a licensed teacher but this year is serving as a Teacher Assistant. 14 She asked the County Commissioners to look at the big picture and they appreciate all of the 15 support they can get. She looks to the Board of County Commissioners to mitigate some of 16 these circumstances. 17 Brian Oswald asked the County Commissioners to support the capital plan for OCS and 18 specifically the proposed gym/extra classrooms at Cedar Ridge. He said the TAs are a benefit 19 for the school systems. 20 Jeff Danner said he has been here thirteen years and his observation is that this story is 21 always the same; both school systems' proposed adequate budgets maintain what they already 22 have. He said the County Commissioners are not bound by the County Manager's budget and 23 some years you just have to fund the budget as requested. He said hopefully this will be one of 24 those years. 25 Lee Anne Swanekamp recently moved to Chapel Hill, and the reason they picked 26 Chapel Hill and Orange County is because of the school systems. She asked the County 27 Commissioners to fully fund the schools. 28 Mike Kelley, CHCCS Board member, said he is speaking as an individual tonight and not 29 on behalf of the school board. He addressed the use of fund balance by the CHCCS. He said 30 the two school boards and Board of County Commissioners came to agreement about fund 31 balances and established a goal of 5.5% of the budget in the fund balance. The fund balance 32 last year was over 10% because of the federal funds. The district chose to use those funds 33 immediately and was able to save the local funds. They decided to spend these funds down 34 over three years. The three years are over and the fund balance will be at 5.6%. He said the 35 Manager's recommendation for the schools to use their fund balance is just not practical. 36 Michael Kaunlayk has three children in the CHCCs and he asked the County 37 Commissioners to fully fund the CHCCS proposed budget. He said his family chose to move 38 here because of the school system. 39 Desaray Rockett is a student at Cedar Ridge High School. She asked the County 40 Commissioners to fully fund the OCS budget request including, the capital request for a new 41 gym and classrooms. 42 Jennifer Erneste has three children in OCS. She said she grew up in large school 43 classes without teacher assistants and she saw teachers burn out. She asked the County 44 Commissioners to fully fund the schools. 45 46 4. Adiournment of Public Hearinq 47 48 49 50 Capital Investment Plan Budqet Work Session — No Public Comment 51 10 1 1. Continuation of review and discussion of the Manaqer's Recommended FY 2013 - 2 18 Capital Investment Plan (CIP) 3 4 Paul Laughton from Financial Services Administration introduced this item. He said the 5 plan was to continue the discussion where the County Commissioners left off. 6 He made reference to pages 53-55 and said staff noticed some errors in the formulas 7 and made some changes. These pages are spreadsheets of the sales tax fund summary. 8 9 Water and Sewer Utilities Capital Proiects: 10 There is no additional funding for the five-year CIP for Central Efland/North Buckhorn 11 Sewer Expansion. There are grant monies and state revolving loan funds for this. 12 13 On page 59, there is $621,250 for year one and the main pump station for Efland sewer 14 system replacement. Maps are located on pages 67-69. 15 Commissioner Price asked when Mebane would be taking over and Kevin Lindley said 16 this phase is in the design stage now and it would be probably two years. 17 On Page 60, there is no additional funding for Lake Orange. This will become part of the 18 annual maintenance budget after this year. 19 On Page 61, Buckhorn EDD Phase 2 makes gravity sewer available to an additional 400 20 acres of land in the Phase 2 area. Phases 3 and 4 are funded in years 2 and 3. 21 Richmond Hills Pump Station Rehabilitation is on page 64. This was installed in 2001 to 22 serve the Richmond Hills Subdivision built by Habitat for Humanity. According to Orange Water 23 and Sewer Authority (OWASA), who perform our routine maintenance, the standard duty 24 schedule is 10 years for pumps and controls and 20 years for generators. Because our current 25 customer rates do not generate enough revenue to provide for a capital reserve, we are 26 proposing to replace the pumps and controls at the 15-year mark. As a matter of policy, sewer 27 lift stations should be limited if possible and/or operating rates or developer payment in lieu of 28 capital reserve should also be considered. This project will include replacement of the pumps 29 and electrical controls, additional of SCADA remote monitoring equipment and wet well 30 rehabilitation, if necessary. NOTE: when the connection between Efland Sewer and the City of 31 Mebane sewer system is complete, Mebane will be responsible for all utilities, including this 32 pump station. 33 Hillsborough EDD is on page 65. The funding for this is in the out years, years 6-10. 34 There is a separate map on page 68. 35 The Eno EDD is on page 66 and has construction funding in year 2. 36 Commissioner Price asked if this plan would be affected if the State moves forward that 37 cities cannot provide monies to areas outside their corporate lines. 38 Clarence Grier said this could possibly affect the plan, but since this is a county project, 39 Orange County would not be affected since it is providing the funding. 40 Chair Jacobs made reference to the Perry Hills subdivision in Mebane and said there are 41 repeated concerns about septic failures. He asked if this has come to the attention of the staff. 42 Kevin Lindley said he does not know of these issues and no one has contacted him 43 about this. 44 Chair Jacobs asked for a report back on this and Clarence Grier said he would follow up. 45 46 Solid Waste 47 This starts on page 70. 48 Commissioner Rich asked about the recycling operation and getting the towns to stick 49 with the County with the roll out carts. There was some sort of matching fund for the carts. She 50 asked if the County would lose the matching fund if the rollout carts were not done this year. 11 1 Gayle Wilson said currently there is a limit of$75,000 per jurisdiction for the acquisition 2 of carts. It could be reduced or eliminated, but no one knows. 3 Commissioner Rich said she has concerns about moving forward with the rolling carts. 4 This was one of the selling points for the towns to stick with the County in the recycling program. 5 She would like the County to move forward with the rolling carts. 6 Gayle Wilson said there are two separate programs - rural and urban. Carts for the 7 urban program are about $940,000. These carts would have to be acquired with the contract for 8 services so that the contractor could have the special truck for the carts. The carts for the rural 9 program would cost $650-700,000. It would also require the replacement of two trucks. 10 Although there are efficiencies gained with the roll carts, the trucks would have to be replaced to 11 accommodate them, which cost $250,000+. 12 Paul Laughton said the funding schedule is based on franchising this year. The roll carts 13 are not programmed into the CIP at this time. 14 Commissioner Pelissier verified that to recoup the costs of the roll carts it would take 15 about three years. She said she is supportive of roll carts but not until the towns are on board 16 with this. 17 Chair Jacobs asked about the status of discussions at the managerial level about an 18 interlocal agreement with the towns. 19 Michael Talbert said a long-term commitment would be needed from the towns. Last 20 year they rebid the carts and the trucks but the towns were looking at other options. He said the 21 managers have met and they have asked for a commitment for the towns no later than 22 September 2013. Part of this would be an agreement for five years for recycling. 23 Commissioner Rich said this would mean moving this to next year and running the risk 24 of losing funding. 25 Michael Talbert said the other risk is the County buys the trucks and runs the risk that 26 the towns do not collaborate and the County is left with all of the costs. 27 Commissioner Rich said she wants to encourage the towns to move forward and they 28 owe it to their citizens. She is hearing from citizens that they do want these carts. 29 Commissioner Price said in the rural areas the citizens expressed that they did not want 30 the roll carts due to distances from road to residences. 31 Chair Jacobs suggested trying to get this on an agenda in September. 32 Paul Laughton reviewed the sanitation projects on page 72, which included 33 improvements to the Solid Waste Convenience Centers each year. 34 Chair Jacobs asked which of the SWCC the County owns. 35 Gayle Wilson said the County owns the Eubanks Road site, there is a 20-year lease for 36 the High Rock Road property, the County owns the Ferguson Road site but only two acres, and 37 there is a lease for the Bradshaw Quarry Road site. 38 Clarence Grier said all of the debt financing for upgrades has already been received last 39 year. 40 Chair Jacobs said periodically the County Commissioners hear concerns from citizens 41 that live in the eastern part of the County that do not have a convenience center. He said there 42 is almost $500,000 in improvements at High Rock, but there is nothing contemplated for the 43 eastern portion of NC 86. 44 Gayle Wilson said there is property available at the Mincy Road site, which the County 45 purchased for emergency storm debris. 46 Chair Jacobs said he would like to flag this property in the 6-10 year CIP for a possible 47 SWCC or possibly another site that is farther east. 48 Paul Laughton made reference to page 74 and said the landfill closing has been pushed 49 back and there is $3.1 million in Year 1. This is closure costs. 50 51 12 1 Sportsplex 2 This was on page 76. There are three major projects in years 2-4— pool mezzanine, 3 building addition of turf field, and phase 3 of an indoor court. There are revenues that would be 4 generated to pay for debt service of these items. 5 Commissioner McKee said he would question the users of the turf field since Orange 6 County already has a soccer complex. He would like to flag this. 7 Chair Jacobs asked Paul Laughton to refresh the Board about the finances for the 8 Triangle Sportsplex. 9 Paul Laughton said the income generated should cover the costs. It is a separate 10 enterprise fund. John Stock's company contracts with Orange County for him to manage this 11 facility. It is outside of the General Fund. 12 Commissioner Gordon asked how much the County has to pay on the debt for building 13 this facility. 14 Clarence Grier said all of the debt service would be paid by 2027. The County pays 15 $350,000/year and it owes $5.1 million. 16 17 18 Paul Laughton said this completes the CIP, but he can go over any of the attachments or 19 revisions if the Board would like. Attachments A-C have any changes highlighted in yellow. 20 Chair Jacobs said the County has been asked to help with improvements with the 21 courtroom. Paul Laughton said staff would get this information to the Board soon. The cost is 22 about $100,000. It is in the IT budget and it would be in year 1. 23 Commissioner Gordon asked where this money would come from and Clarence Grier 24 said it would be part of the debt financing for that year. 25 Paul Laughton made reference to Attachments D and E and said this is an attempt to 26 look at debt financing over a ten-year period instead of a five-year period. Attachment D-1 was 27 looking at all projects that are currently in the CIP, including the out years. The park projects 28 are heavy on the out years and the County projects look at the inner years. Attachment D-1 29 gives the impact and the debt service and where the debt capacity is on all of the projects, 30 County and schools. In year six, the County would be over the debt capacity and it grows from 31 there. 32 Commissioner Gordon made reference to her handouts. She said they should be 33 pleased that the changes in the CIP projects have been moving the debt capacity in a positive 34 direction. 35 36 Her handout is below: 37 38 County Debt Service and Debt Capacity 39 40 The two charts below compare the debt service and debt capacity numbers presented in 41 (1) the Manager's recommended FY 2013-2018 Capital Investment Plan (CIP) and 42 (2) Attachment D1 for the May 23 BOCC work session. The charts show years 1 through 6, 43 since those are the years for which numbers are available for both scenarios. 44 45 In the Manager's recommended CIP, presented in March, the debt capacity figures for the first 46 five years of the CIP were provided. A subsequent inquiry revealed that in year 6, the debt 47 service was almost 17.5% and the excess spending was $4.8 million. For the May 23 work 48 session, the Board was given revised debt capacity figures in Attachment D1. 49 50 A comparison of the two charts below reveals that the debt capacity scenarios calculated in May 51 are in every case better than the ones calculated in March. For example, in year 5 for the 13 1 March debt capacity scenario, the debt service exceeded 15%, and the excess spending on 2 debt service was more than $1.2 million. In year 5 for the May scenario, the debt service was 3 13.8% and there remained over $2.3 million of available debt service capacity, a swing of more 4 than $3.6 million in the positive direction compared to the Manager's original recommended 5 budget. 6 7 It appears that the proposed changes in the CIP projects made by the BOCC to date have been 8 moving the county debt service and debt capacity scenarios in the right direction. That certainly 9 appears true for years 1-5, the years for which the BOCC review of CIP projects is focused. 10 11 Manager's original recommended FY 2013-18 CIP (page 102) 12 Chart shows the figures for years 1 through 5 as given on page 102, and adds year 6 13 14 Projected FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 15 annual 16 debt service Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 * 17 as a percent 18 of Gen. Fund 19 Budget 14.33% 13.84% 13.52% 14.51% 15.65% 17.46% 20 21 Available 22 annual $1.217 M $2.149 M $2.792 M $0.929 M ($1.262 M) ($4.8 M) 23 debt service 24 capacity * Source: County staff, May 8, 2013 25 26 Attachment D1 - May 23 work session (revised page 102) 27 Chart shows the figures for years 1 through 6 as given on revised page 102. 28 29 Projected FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 30 annual 31 debt service Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 32 as a percent 33 of Gen. Fund 34 Budget 13.77% 13.69% 13.50% 14.08% 13.80% 15.58% 35 36 Available 37 annual $2.278 M $2.471 M $2.864 M $1.785 M $2.373 M ($1.168 M) 38 debt service 39 capacity 40 41 42 Clarence Grier said that in year six the County will be over debt capacity and will either 43 have to change the policy or move things around. 44 Commissioner porosin suggested raising the debt limit policy to 20%. 45 Clarence Grier said this would be frowned upon by the Local Government Commission. 46 Moving up higher than 15% affects the bond rating. 47 Chair Jacobs said there are other options such as the fund balance or the money set 48 aside for retiree insurance. The County could be slightly less aggressive and have more 49 flexibility. 50 Chair Jacobs asked about moving the Cedar Ridge gym from year two to year one. 14 1 Paul Laughton said the debt service would be moved up to year one, which would be 2 $320,000. 3 Chair Jacobs said he would be interested in doing this. He would like to look at this as 4 an option. 5 6 Paul Laughton made reference to Attachment E and the master plan for Blackwood 7 Farm. 8 Commissioner McKee said he is interested in what it involves on the buildings on 9 Blackwood Farms and he would like to push this back to 2015-16. 10 Commissioner McKee asked why the County needs to spend $100,000 on a rehash of 11 the Revere Road and Blackwood Farm facilities when staff keeps saying it is fine to stay at 12 Revere Road. 13 Jeff Thompson said there are inefficiencies with the Revere Road facility. There will be 14 a study on the Ag Center's needs. 15 Commissioner McKee said he is questioning whether it makes sense to build new 16 buildings at Blackwood Farm when there is the Revere Road facility and unused space at Link 17 Government Services Center and the annex. 18 Chair Jacobs said at the last meeting the Board had concerns about how projects came 19 onto the CIP. There was discussion about having a process on how to get projects on the CIP. 20 There was also discussion about taking the $100,000 and using it to study the efficacy of using 21 the Revere Road building. The only way it related to Blackwood Farm was that if Revere Road 22 was not adequate, then something would be built. The only thing the County Commissioners 23 agreed to was a study of the Revere Road building for $100,000. 24 Commissioner McKee asked why the study was costing $100,000. 25 Jeff Thompson said they have done some work in-house, but there is merit in bringing 26 on a consultant that knows the agricultural community. He said he sees this project costing 27 much less than $100,000. 28 DEAPR Director Dave Stancil said this got moved up because through CIP discussions, 29 it was decided that the Revere Road property is not something the County should invest in. The 30 Blackwood Farm property is a good place to consolidate parks and agricultural services. This is 31 the reason this project moved up in the CIP in prior years. 32 Commissioner Gordon said her recollection was that a decision was made to do a study 33 for $100,000, and she objects to spending this much on a consultant. She suggests putting the 34 $100,000 into the Asset Management Services budget for a study of county space needs and 35 moving the Blackwood Farm project back to where it was in the CIP last year. 36 Clarence Grier said staff will bring this item back in September with costs prior to 37 pursuing a study, which will probably only be $25,000. 38 Dave Stancil said staff will be bringing to the County Commissioners in September as to 39 using the Blackwood Farm on a limited basis. 40 Chair Jacobs summarized the discussion of the Board to put the $100,000 in Asset 41 Management Services for a study of county space needs and move the Blackwood Farm project 42 to years 6-10. As part of the work session on space needs, the analysis will be presented. 43 Commissioner Gordon said she fully supported the Blackwood Farm park. She said she 44 also wants to have a principled discussion on county space needs. Chair Jacobs asked if the 45 Board objects to adding the Efland Cheeks Community Center under the space needs study. 46 There was no objection. 47 48 Adiourn 49 50 A motion was made by Commissioner Rich, seconded by Commissioner porosin to 51 adjourn the meeting at 10:43 PM. 15 1 2 Barry Jacobs, Chair 3 4 Donna S. Baker, CMC 5 Clerk to the Board 1 1 Attachment 5 2 3 DRAFT MINUTES 4 BOARD OF COMMISSIONERS 5 REGULAR MEETING 6 June 4, 2013 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met in regular session on Tuesday, June 4, 2013 at 10 7:00 p.m. at the DSS offices, in Hillsborough, N.C. 11 12 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. 13 Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich 14 COUNTY COMMISSIONERS ABSENT: 15 COUNTY ATTORNEYS PRESENT: John Roberts 16 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, 17 Clarence Grier and Clerk to the Board Donna Baker (All other staff inembers will be identified appropriately 18 below) 19 20 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA 21 FILE IN THE CLERK'S OFFICE. 22 1. Additions or Chanqes to the Aqenda 23 The Chair went through the items at the County Commissioners' places: 24 25 - Pink sheet — for Item 7c, additional information for Refund Requests for Inaccurate Square Footage 26 Calculation 27 - White sheet- PowerPoint — for Item 4-b, Potential Orange County Fair — Preliminary Background 28 Report 29 - White sheet- for item 7b, Unified Animal Control Ordinance 30 - White sheet - for Item 6a, Executive Summary - CDBG Program — North Carolina Tomorrow Grant 31 32 A motion was made by Commissioner Price, seconded by Commissioner Gordon to add a closed 33 session to the agenda for the purpose of: 34 "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or 35 conditions of initial employment of an individual public officer or employee or prospective public officer or 36 employee" NCGS § 143-318.11(a) (6). 37 38 VOTE: Ayes, 3 (Commissioner Price, Commissioner Gordon and Chair Jacobs); Nays, 2 (Commissioner 39 Pelissier and Commissioner McKee) 40 41 Commissioner Rich and Commissioner porosin had not yet arrived. 42 43 PUBLIC CHARGE 44 45 The Chair dispensed with the reading of the public charge. 46 47 Commissioner porosin arrived at 7:04pm. 48 49 2. Public Comments 50 51 a. Matters not on the Printed Aqenda 52 Bill Holmberg read the following prepared letter: 53 Hello Commissioners and thank you for hearing me. 2 1 In regard to the proposed site of the White Cross fire station on Neville Rd., I simply want to state 2 the following. 3 There has been no attempt to contact homeowners directly in the immediate area about this matter. 4 That, in itself, demands this procedure be slowed down so all area residents can be notified and heard. 5 The exact location on Neville Road is on a bend in the road, creating blind spots for traffic coming 6 from either direction. This curve has had several accidents a year, even without having a truck pulling out 7 just around another curve. 8 All of the homes in the area are on well water. As all fire stations need to wash vehicles, hoses and 9 equipment regularly and the additional drain would lower well water levels. The tank trucks also need to fill 10 up with well water, as there are no hydrants or draw ponds in the neighborhood. There needs to be a water 11 table data study and review made public about the potential draw from a shared well water source. 12 The waste and run-off water from that usage would run downhill about 500 feet into Phil's Creek 13 feeding into the University Lake Watershed reservoir. Additionally a bridge crossing this creek is failing and 14 is overdue for replacement. It has been in the process of getting band aid repairs for its decaying wood 15 pilings—which have already been weakened by the additional load of the county trucks that single out 16 Neville Road to access the Ferguson Road dump station. 17 That same small bridge is currently too narrow to let 2 pickup trucks pass in opposite directions at 18 the same time; so what will happen with larger fire trucks? 19 There are plenty of spots along Hwy 54 close to Neville Road with large lots big enough for a fire 20 station and room for trucks to turn around in. Hwy 54 is a full size road zoned for multiple uses. 21 We would have none of the following that would be welcome to them: 22 • No public water supply 23 • No public sewer supply 24 • No Time Warner Cable 25 • No fiber-optic high speed data 26 • No public natural gas 27 • Plus they have had their access to their trash disposal cut in half 28 So why is the county putting a fire station, literally in our back yard, that would frequently be 29 disruptive to our lives, without ever giving them any modern utilities for decades? Put this on Hwy 54, just 30 up the block! 31 Finally, as most of the area homeowners have been and still are predominantly African-American; 32 this abuse of power, stealth and ability seems all too familiar to the Rogers Road water situation in Orange 33 County. 34 Thank you for your time. Please give us ours. 35 Bill Holmberg - 1000 Sabre Court, Chapel Hill 27516 - 919-418-0140. 36 37 Dave Laudicina read the following statement: 38 My name is Dave Laudicina, and I am speaking for both my wife Becky and myself tonight. 39 I am speaking tonight to urge you to adhere to the manager's budget recommendation and not raise 40 the Orange County property tax rate. There are many reasons both internal to Orange county and external 41 to justify not putting on any more tax burden on Orange County residents 42 From an internal view we have been living with unfair and inequitable property values since 2009. 43 Recently, you all voted to postpone the next revaluation till 2017. This was rushed through without giving 44 Orange County citizens adequate opportunity to detail their specific concerns in a public hearing 45 environment, even though in 2009 thousands of residents turned out in various protests to tell you the 2009 46 valuations were wrong. We can see the proof of this in valuations data. Two comparable properties in our 47 area recently sold for 15% lower than the 2009 valuation. A property in our neighborhood sold for 15% 48 lower than the 2009 valuation in 2011, and a property directly behind our property sold for 19% lower than 49 the 2009 valuation in 2012. Until the property valuations are balanced to fair and equitable valuations, we 50 believe it is prudent to not put anymore unfair property tax burden on Orange County residents. 51 From an external viewpoint, NC residents, especially in our demographic (seniors on a fixed 52 income), are under a statewide assault from all aspects in terms of taxes. Proposals to change the tax 53 calculations in NC put a huge new burden on low and middle income earners residing in NC. The 54 proposals place social security income in the classes of income that the NC income tax will apply. Even 3 1 though the proposals reduce the income tax rate, the proposals increase the number of items taxed and 2 add many services that the sales tax applies to. This means many NC residents will be double taxed (sales 3 and income) on most income they earn and the money we spend on most of the goods and services we 4 purchase to live. The implementation of these proposals maps to a huge potential increase in total 5 individual state taxes paid and consequently an increase in the cost of living to our demographic (seniors 6 on a fixed income), as well as other demographics. 7 You have done a marvelous job in holding the line on property tax increase in the last few cycles; 8 but we all still have to tighten our belts in this down economy. I believe it is prudent for Orange County to 9 tighten its belt and not increase property tax rates. 10 Thanks for listening. 11 Dave and Becky Laudicina 12 Bingham Township 13 Orange County, NC 14 15 Don O'Leary referenced a secret meeting in England regarding how to crash the dollar and hand the 16 new world order over to China. He referenced CFR and said most Congressmen and Senators are 17 members. He said the job of the Commissioners is to uphold the constitution of the United States. He said 18 he would like ICLEI out of Orange County for good. 19 V. Lynette Tempest noted that fire departments are exempt from community notification on siting. 20 She said the curve on which the station is planned has been implicated in two accidents. She said near her 21 home is a narrow bridge sign indicating a bridge over a creek that is part of the University Lake watershed. 22 She said it does not make sense to build a station here and increase road hazards. She noted that this is 23 sloped and un-cleared land. She feels further investigation would reveal that there is someone who will 24 benefit from the sale of this land. She feels this plan must be thoroughly analyzed and re-considered. 25 Thomas Stone is a resident where the proposed station is to be built. He said there are 16 homes 26 in a very congested area. He said this station would affect his well, and it would likely be necessary to drill 27 many wells to get the water needed for a fire station. He said there is property on Ferguson Road that 28 would be more appropriate. He noted the dangers of large trucks using the narrow roads in this area. He 29 feels the plan needs further investigation. 30 Chris Russell said he objected to the process of siting the fire station on Neville Road, and he is 31 formally petitioning the Board of County Commissioners to place this on the next agenda and to suspend all 32 site meetings until this meeting takes place. He said that meaningful public input is needed. He said that 33 the broad powers of exemption for ordinances are being misused and are not in keeping with the intention 34 of being used as a last resort option to facilitate public safety needs. He said that there are other sites that 35 will improve response times without adverse effects to residential areas. He asked the commission to slow 36 this process down. 37 Sam Gharbo asked the board to petition to state to inform them that the citizens of Orange County 38 disagree with the funding policy for K-3 teacher assistants. He said there have been hundreds of people 39 who have pleaded for funding for these assistants. He said that it is unnecessary to tax people more, 40 because the county already has the funding for the schools. He said that if the money is allocated and 41 projects prioritized correctly, this money could be used to work on the people who live in this county- kids 42 and teachers. He said that the backbone of the community is education. 43 Frank Donald said he is here to file a complaint about mismanagement of a grant from the health 44 department through the Fairview Garden. He said he was hired as a carpenter for the garden, and he did 45 the work requested. He said someone came after him and charged the same price for the work that he had 46 done. He said he was told the timesheets were confidential. He would like his case to be handled openly 47 by the Board of County Commissioners. He said he will give a detailed email to the clerk on this matter and 48 an audit may be addressed for those three months specifically. 49 Chair Jacobs said they would refer all petitions to the agenda review committee. 50 Andy Burwell asked if the Board of County Commissioners would like a fire station next to their 51 house. 52 Valken Mitleandorf said his wife administered the funding for the grant and Frank Donald is 53 discrediting her. He said this man has escalated this argument and has turned into a he said/she said 54 situation. He requested that the Board put a stop to this. 4 1 2 b. Matters on the Printed Aqenda 3 (These matters will be considered when the Board addresses that item on the agenda below.) 4 5 3. Petitions by Board Members 6 Commissioner Price said she attended an awards program at Orange County Schools this past 7 weekend. She asked the Board to present a resolution to the Northern Orange Education Task Force and 8 Superintendent Patrick Rhodes for their achievements in bridging the minority achievement gap. She said 9 she will gather more information and work on this to present it for processing. 10 Commissioner porosin noted that, a few weeks ago, he had asked a question about a review of the 11 employment practice about ban the box. He asked about the status. 12 Frank Clifton said this will be put as an informational item on the next meeting agenda. 13 14 4. Proclamations/ Resolutions/ Special Presentations 15 l�a. a. Voluntary and Enhanced Aqricultural District Desiqnation — Multiple Farms — Walker, 17 Kirk, D. Pope, J. Pope, Hill, Ranells/Berqmann, Green 18 The Board considered applications from multiple landowners/farms to certify qualifying farmland 19 within the Cedar Grove, Cane Creek/Buckhorn, High Rock/Efland, and Caldwell Voluntary Agricultural 20 Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced 21 Voluntary Agricultural District (EVAD) programs. 22 Commissioner Rich arrived at 7:39. 23 Gail Hughes said the request is for approval to accept six farms into the program and to revise 24 acres for one farm. She said, if approved, this would equal an increase of 1052 acres for a total of 5838 25 acres. The Voluntary Agriculture District (VAD) has 5347 acres and the Enhanced Voluntary Agricultural 26 District has 491 acres. She said the farms being presented are mostly family farms that have been in the 27 families for 75-100 years. She reviewed the designations of VAD versus EVAD. 28 She presented slides with the following information on the farms being considered: 29 30 C. Norman Walker 31 - Caldwell District 32 - Raises livestock, grass/hay crop, and managed woodland/forestry 33 - VAD = 244.11 acres 34 35 Kirk Farms 36 Kenneth, Ronald, Donald, and Aaron Kirk 37 - Cane Creek/Buckhorn District 38 - Raises beef cattle, corn, soybeans, grains, hay/ pasture crops, and managed forestry/woodland 39 - VAD= 278.65 acres 40 41 Donald and Faye Pope 42 - Cedar Grove District 43 - Raises beef cattle, organic tobacco, grains, hay and pasture crops, and managed forestry 44 - VAD = 268.63 acres 45 46 John Pope Farms, LLC 47 John H. and Kimberly Pope 48 - Cedar Grove District 49 - Raises poultry , corn, grains, hay crops, and managed forestry/woodland 50 VAD = 75.27 acres (addition to existing 65 acres in VAD) 51 52 Betty Walters Hill 53 - High Rock/Efland District 54 - Farm raises beef cattle, pasture, and forestry/woodland 5 1 - VAD = 34.83 acres 2 3 Fickle Creek Farm 4 Noah Ranells and Ben Bergmann 5 - Raises livestock, produce/vegetable crops, for farmers markets, restaurants, and farm market sales 6 - EVAD = 131.78; VAD = 17.73 (Revision and additional acres) 7 8 Woodcrest Farm 9 Christine &Allan Green 10 - Cane Creek/Buckhorn District 11 - Raises livestock and produce/vegetable crops for sell at home store and local farmers' markets 12 - Requested revision from VAD program to EVAD = 12.28 acres 13 14 Total VAD= 5347 acres; Total EVAD= 491 15 Total Acres= 5838 16 17 Chair Jacobs commended the farms for their participation and their commitment to working with the 18 county in maintaining a viable core of agriculture. 19 Commissioner McKee said these farms are part of the backbone of Orange County's agriculture 20 sector. He said these are home farms, but they also rent and tend other properties. He said this plays into 21 the appearance and image of the County. He praised their efforts. 22 Commissioner Gordon said she wanted to add her commendations to all of these farmers. She said 23 this is program is an asset to Orange County. 24 Commissioner Pelissier said many of these farms teach farming to young farmers. 25 A motion was made by Commissioner McKee, seconded by Commissioner Gordon that the Board 26 certify the seven (7) farm properties noted above totaling 924.16 acres (VAD) and 144.06 acres (EVAD) as 27 denoted in the attached documentation as qualifying farmland, and designate the farms as Voluntary or 28 Enhanced Voluntary Agricultural District farms within the Caldwell, Cane Creek-Buckhorn, Cedar Grove, 29 and High Rock/Efland Agricultural Districts. With approval of these additional acres, the Orange County 30 Voluntary Agricultural District Program will have 5,347 acres in the VAD and 491 acres in the EVAD for a 31 total of 5,838 acres (rounded) to close fiscal year 2012-13. 32 33 VOTE: UNANIMOUS 34 3�. b. Potential Oranqe County Fair— Preliminary Backqround Report 36 The Board received a report providing background information about county fairs in North Carolina, 37 and information related to existing events, infrastructure and managing structures for a potential Orange 38 County Fair. 39 Frank Clifton said a staff task force was created after the Board of County Commissioners retreat 40 on this item. Dave Stancil said that the goal tonight is to provide a discussion starter. He presented the 41 preliminary findings in the following PowerPoint presentation: 42 43 Potential Orange County Fair 44 Preliminary Report 2013 45 46 North Carolina Fairs 47 X North Carolina has been home to many fairs over the past 150+ years. 48 X The first North Carolina State Fair operated in 1853. 49 X Fairs have changed markedly since 1940's. 50 X A wide variety of fairs exist in NC. 51 52 NC AGRICULTURAL FAIRS 6 1 http://www.ncaqfairs.orq/shows.php 2 (map) 3 4 RESOURCES 5 6 North Carolina Association of Agricultural Fairs 7 X NCAOAF —organization of county, regional, state fairs across NC. 8 X Mission - Promote interest in agricultural fairs in North Carolina. 9 http://www.ncaqfairs.orq/ 10 11 NC Department of Agriculture 12 X NCDA - The N.C. Department of Agriculture and Consumer Services provides consultation and 13 input on local fairs. 14 X NCDA has responsibilities covering agronomy, agricultural marketing and promotion 15 X Operates N.C. State Fair and N.C. Mountain State Fair, five state farmers markets; performs 16 agricultural economic analysis. 17 18 Organizational Structures 19 Many Types of Organizations Operate County Fairs: 20 X Civic/Service Clubs (Rotary Clubs, Lions Clubs, etc) 21 X American Legion Posts 22 X Community Non-profit Associations 23 X Counties or County-sponsored Non-profits 24 25 EXISTING COUNTY FAIRS 26 27 County Fair - Case Study Briefs 28 X Over 40 county and community fairs 29 X Four Brief Case Studies 30 o Cabarrus County 31 o Chatham County 32 o Cleveland County 33 o Common Ground Fair (Maine) 34 35 - The Cabarrus County Fair takes place each September, 60 years in current form. 36 - Current fair features midway, rides and variety of foods as well as agriculture. 37 - Fair history tied to county's agricultural roots, dates back to the 1890's. 38 - County-run. 39 - New arena, facility. 40 41 - The Chatham County Agricultural Fair grew out of tradition of annual "Achievement Day" by 4-H 42 Clubs, and African-American community fair. 43 44 - Event offers a chance for display of talent at household arts and receive prizes for their work. 45 - Smaller, more local fair. 46 7 1 - Since 1924, the Cleveland County Fair (Shelby) has featured North Carolina's largest county 2 agricultural fair, and is a highlight of traditional activities held annually in Cleveland County. 3 - Over 165,000 patrons visited the 2012 Cleveland County Fair. 4 - While known primarily for this event, fairground also hosts a variety of other events throughout the 5 year. 6 7 Common Ground Country Fair 8 - Celebration of rural living - promotes organically-grown Maine produce, alternative lifestyles, 9 - Maine Organic Farmers and Gardeners Association is sponsor and nation's oldest/largest state 10 organic organization. 11 12 Existing Orange county festivals (photos) 13 14 Farm to Fork 15 X Each June, the Farm to Fork Picnic at the Breeze Farm benefits new farmer training program. 16 X Hundreds of regional residents attend the event which highlights locally grown farm products, music, 17 and sustainable practices. 18 19 Central Piedmont Jr. Livestock Show 20 X The Central Piedmont Junior Livestock Show is held every April at the Central Carolina Holstein 21 Barn on Orange Grove Road. 22 X The event is focused on livestock competition and draws regional residents of all ages from 10 23 counties. 24 X Show is in its 68th year. 25 Hogg Day 26 X Hogg Day attracts thousands of residents/visitors over two days for N.C. barbecue, arts/crafts and 27 vendors, food midway (no rides) and learn about local services. 28 X Most recently, added historic name "tweak" to commemorate James Hogg. 29 X Held in County's River Park in downtown Hillsborough on the 3rd Saturday in May. Festivities begin 30 the Friday evening before. 31 X Admission is free to the public. 32 33 Efland Ruritan Rodeo 34 X A Ruritan Club family-oriented event in Efland, now in its 20th year. 35 X Professional cowboys/cowgirls show off skills in bull riding, breakaway roping, bareback and saddle 36 bronc riding, steer wrestling, the famous rodeo clowns, and more. 37 X Visitors can try their luck on the mechanical bull. Special entertainment, vendors, food offered. 38 X The 2013 Rodeo takes place in October. 39 40 Carrboro Music Fest 41 X Coordinated effort by Carrboro Recreation and Parks Department and Carrboro Music Festival 42 Planning Committee. The 2013 Carrboro Music Festival is Sunday, September 29, 2013. 43 X Daylong, free festival features 150 performing acts at 25 indoor and outdoor venues throughout 44 downtown Carrboro. 45 X Varied musical acts, Triangle-based performers. Festival food and craft vendors and kid's activities. 8 1 X In 2012 `Music on the Streets,' held the week prior to Music Festival. A week of free outdoor 2 concerts in various locations throughout town. 3 4 X FESTIFALL ARTS FESTIVAL 5 Chapel Hill's annual celebration of the arts (now in its 41st year), boasts over 100 artists. 6 X Includes live entertainment for all ages, hands-on activities, and local food organized by Chapel Hill 7 Parks and Recreation. 8 X Takes place in downtown Chapel Hill (West Franklin Street). 9 X Chapel Hill residents and people from neighboring communities (around 15,000) attend this 10 community event held each October. 11 12 KEY QUESTIONS, FINANCIAL AND LOGISTICS 13 14 KEY QUESTIONS FOR DISCUSSION 15 X What Type of Fair? 16 - Desired Vision/Outcome? 17 x How to Create a County Fair Structure? 18 - Process? 19 X Management Entity for a Fair? 20 - Degree of County Involvement? 21 22 Financial and Other Considerations 23 X Examine Costs/Revenues of County Fairs 24 X How Have Other Fairs Managed? Risks? 25 X Pricing Structure (Gate admission? Events?) 26 X Facilities? Operations, Maintenance, etc. 27 X Marketing 28 - 12-18 month promotional plan; ticket-printing, maps 29 X Staff? Paid and volunteer? 30 31 FINANCIAL AND LOGISTICAL ISSUES 32 X Impact of Weather on Revenues 33 X Transportation / Parking Needs 34 X Public Safety/ Permits 35 36 FINANCIAL AND LOGISTICAL ISSUES 37 X Impacts on Neighbors and Area 38 - (lights, sound, odors) 39 X Protocols and Procedures for Vendors, Competitions 40 X Livestock Security 41 X Health and Safety 42 43 Possible Course of Action? 44 X Feedback 45- Discuss the type of fair desired —theme, vision. 46 X The Process of Planninq for a Fair 47- How to develop a plan? Who should be involved? 9 1 X Examininq Existinq Events and Partnerships 2- Consider how to coordinate or involve existing events? 3 X Determininq Manaqement Structure 4 Initial guidance on managing entity? 5 X Financial and Operational Considerations 6 Further financial analysis and infrastructure assessment needed 7 X Other Info Needed bv the Board? 8- 9 Final Thoughts — One approach 10 X Use Report as Discussion Starter 11 - Identify additional info needed 12 X Visit Existinq Fairs for Firsthand Experience 13 - Schedule visits to selected county fairs this fall 14 X Partnership Conversations 15 - Develop process, begin conversations with possible partners. 16 x Next Step 17 - Work session this fall — after site visits, additional information gathered. 18 19 When referring to the map on slide 3, Dave Stancil noted that there are clusters of activity in the far 20 western and eastern portions of the state but not in this area. He noted that this was created by early 21 transportation challenges with people in the far sides of the state being unable to transport livestock to the 22 centrally located state fair. He said these events have now become an important part of these areas. 23 He said this fair would likely be a 2015-16 project. 24 Commissioner Price questioned who the target audience for this county fair would be. She noted 25 that all of the other county events seem to have a specific target group. 26 Commissioner McKee said it would be helpful to have a calendar to indicate not only the existing 27 events, but also ball games and other events that might conflict. 28 Dave Stancil said there is a listing on page 29, but it is not in a calendar format. 29 Frank Clifton said the difficulty is that the calendar changes every year; so it was easier to put this 30 information in a list format. 31 Commissioner McKee said he sees that there is no noted financial impact at this point, but he will 32 need figures before any in depth discussion. He said that, along with financial information, there needs to 33 be a clear idea of what other county projects and programs may be affected by spending on this type of 34 fair. 35 Commissioner porosin said this item is near to his heart and he would be happy to visit other fairs to 36 do research. He said everyone he has talked to is excited about a county fair. He said that there may 37 always be a conflict with another event, and everyone can't be accommodated. He feels that the target 38 audience is everyone in Orange County. He would like to see something more like the Chatham County 39 fair- with local agriculture, local artisans, local music, 4-h, baking contests among other things. He said this 40 could initially be just 1-2 days and could potentially be held at the Blackwood Farm. He said this would 41 offer a showcase of Orange County's agricultural past and general history given through oral history. He 42 said the theme would be all about Orange County and would provide a celebration and a chance to show 43 off the County. 44 Commissioner porosin said he would like for the Board to move forward with this and he feels it can 45 be done in a way that is manageable and financially feasible. 46 Commissioner Rich asked what approach would be used to figure out the financial aspects, such as 47 best practices from other fairs. 48 Dave Stancil said the committee did not presume too much at this point. He said it would be good 49 to get financial and operating budget information from some of the other events already being done. 50 Commissioner Pelissier said the Board needs to think about whether this will be a break-even event 51 or whether Orange County will help foot the bill. She said another issue is scale. She said the people she 52 has spoken with want a local emphasis with a focus on agriculture and food. She said there are some of 10 1 these events out there now but they are pricey. She said there needs to be research done regarding the 2 scale, to decide what can be done. 3 Commissioner Gordon referenced the third item on the Manager's recommendation. She asked if 4 Laurie Paolicielli could weigh in on how some of the other festivals are set up and what is involved in 5 fundraising and sponsorship. 6 Laurie Paolicielli said there is not a one size fits all model. She said there are about 30 events in 7 Orange County each year that range in scale and funding. She said her estimation was about $250,000 for 8 a county fair as described. She said the Board would need to look at all of the festivals and see what is 9 most important. 10 Commissioner Gordon asked her about sponsorships 11 Laurie Paolicielli said sponsorships help and that can range from state to national sponsorships. 12 She said there is county funding, Visitor Bureau funding, corporate funding. She said this is a skeletal plan 13 at this point, but it appears this event is more local and more county focused versus corporate. 14 Commissioner Gordon said the manager should discuss the potential for coordinating with other 15 events. She said it is a good idea to schedule visits to other fairs. She said it would be good to follow up 16 on what would be involved; which departments would be responsible; whether more staff would be needed; 17 how this would fit into the departmental structure; and what the infrastructure and operating cost would look 18 like. She feels that this fair should differ from the state fair and be uniquely local and focused on Orange 19 County. 20 Chair Jacobs asked about the specific time frame. 21 Frank Clifton said some of the existing events may not want to share their venue or time. He said 22 there would need to be hundreds of volunteers and an organizational structure. He suggested that there be 23 thought over the summer about who these volunteers would be. He suggested the organization of an initial 24 group to work on the volunteers. He said that the other fairs are typically paid for by admission charges 25 and ride fees. He said that having livestock also changes things. He said all of these elements have to be 26 decided. He said the extension service is a great partner and is involved in all the fairs. He said this is paid 27 staff, but there is also a huge volunteer pool that makes the events happen. 28 Chair Jacobs summarized that the common desires he hears from everyone relate to an 29 economically feasible, agricultural, unifying event, coordinated with other events. 30 Chair Jacobs suggested having Commissioner porosin and another commissioner volunteer to work 31 with staff between now and June 18th to brainstorm about representatives and groups that can be partnered 32 with over the summer to start fleshing out some of these ideas. He said this can then be brought back to a 33 work session for further discussion. 34 Commissioner Price expressed a desire to bring diversity to the fair and to bring in a diverse group 35 with representatives from all over the county. 36 Commissioner Gordon suggested including all of#2 and #3 from the manager's recommendation. 37 Chair Jacobs said it is premature for doing much more than figuring out the direction. He said his 38 suggestion is in line with #3. 39 Commissioner Gordon said she was hopeful that all of the Commissioner's input be considered. 40 Chair Jacob said the minutes could be used for this purpose. 41 42 A motion was made by Commissioner porosin, seconded by Commissioner Price that he and 43 another Commissioner will meet with county staff that put together this report and to bring back on June 18, 44 2013, a recommended process for continued exploration on the scope, feasibility, costs, local focus and a 45 suggested list of collaborators to participate in the county fair research to start over the summer break. A 46 full report is to be presented to the Board in the early fall. 47 48 VOTE: UNANIMOUS 49 50 A motion was made by Commissioner porosin, seconded by Commissioner Rich to nominate 51 Commissioner Price to this County Fair Working Group. 52 53 VOTE: UNANIMOUS 54 11 1 �. c. Enerqy, Water and Fuel Performance Report for Fiscal Year 2012 3 The Board received a report regarding reductions in use of energy, water and fuel in fiscal year 4 2011-12. 5 Wayne Fenton said that this annual report is an excerpt from information presented last fall. This 6 presentation on energy, water and fuel use was requested again as part of the budget process. 7 He said that a baseline year was established at fiscal year 2009-10' and future years were 8 measured against that. He focused on FY12. He reviewed charts and information from the PowerPoint 9 slides listed below: 10 11 Energy, Water and Fuel Conservation in Orange County Government 12 Board of County Commissioners 13 14 Asset Management Services 15 16 Energy Scorecard (chart) 17 Energy reduction goal: 20% cumulative through FY15; additional 10% cumulative thought FY17 18 19 Water Scorecard (chart) 20 Water reduction goal: 5% cumulative through FY17 21 22 Fuel Scorecard (chart) 23 • Increased fuel use: attributed to increased law enforcement miles 24 • Slightly less efficient MPG: Aging fleet 25 • Solution: Active vehicle replacement program; higher fuel efficiency standards 26 - Fuel reduction goal: 10% cumulative through FY15; additional 5% cumulative through FY17 27 28 Reporting Initiatives 29 • AMS will report on utility, fuel ("Scorecard") and other operating cost information related to facilities 30 and vehicles as practicable after the end of each fiscal year, to be ready by late August/early 31 September each year 32 • These data will also be reported as part of the annual budget development process 33 34 For More Information: 35 Orange County Utility and Fuel Use and Conservation Initiatives —Annual Report located at: 36 http://oranqecountvnc.qov/AssetMqmt/documents/AttachmentA-Conservation Report-final.pdf 37 38 Wayne Fenton reviewed the numbers for fiscal year 2012. He noted a 13% reduction in energy use 39 in government buildings and a 4.5% reduction in water use. He said there were two parts for fuel use— 40 county vehicles fuel use, and county vehicles fuel efficiency. He noted an increase in fuel consumption and 41 a decrease in fuel efficiency. He reviewed the reasons listed on the scorecard slide and said efforts are in 42 place to replace vehicles with smaller, more fuel efficient models. He said data is being gathered for this 43 next fiscal year. He reviewed new initiatives, including solar film installation at the senior center, 44 replacement of high wattage lights with LEDs, and geothermal system contract work. He said the water 45 cost increases will continue to occur, but there are different flush features and more efficient hand washing 46 stations being considered for installation. 47 Commissioner Pelissier asked what extent of the energy use reduction is a result of the geothermal 48 and whether new projections account for the addition of the planned new systems. 49 Wayne Fenton said the overall geothermal impact is not known, but within the building where it is 50 located there is a minimum 30-35% energy reduction. He noted that there are systems in place in the 51 Justice Complex and at the Link Center. He said the next phase is for the District Attorney Building, the jail 52 and the Historic Courthouse. 12 1 Commissioner Rich asked how fuel is purchased for county cars. 2 Wayne Fenton said in the past there was a fueling facility in the northern part of the county, but now 3 fuel cards are distributed, allowing drivers to fuel up in other places. He said the fuel is bid out each time it 4 is needed, from four different potential suppliers; and the purchase is made from the lowest bidder. 5 Chair Jacobs referred to page 3 of the abstract and asked if there are plans to track county use of 6 resources, such as recyclables, and sustainable practices. 7 Wayne Fenton said the department is trying to take incremental step toward improving sustainable 8 practices. He said there are efforts to purchase and use more environmentally friendly building products. 9 He said that larger purchases for other departments are not under the jurisdiction of Asset Management 10 Services. 11 Chair Jacobs said he feels there should be a benchmark to start from, as well as a unified policy 12 and a universal protocol for the county on how resources are used. 13 Wayne Fenton said work could be done on a scorecard to track progress from year to year. He said 14 his department is happy to work with other departments on this. 15 Chair Jacobs asked if the Board agreed with this idea, and the answer was yes. 16 17 d. Resolution Recoqnizinq Jan Sassaman for Service on the Solid Waste Advisory Board 18 The Board considered a resolution recognizing Jan Sassaman for his volunteer service on the Solid 19 Waste Advisory Board and authorizing the Chair to sign. 20 Chair Jacobs read the resolution — 21 22 ORANGE COUNTY BOARD OF COMMISSIONERS 23 24 RESOLUTION RECOGNIZING JAN SASSAMAN FOR COMMUNITY SERVICE ON THE 25 SOLID WASTE ADVISORY BOARD 26 27 28 29 WHEREAS, Jan Sassaman will be concluding his service on the Solid Waste Advisory Board when the 30 Board dissolves at the closing of the Orange County Landfill at the end of June 2013; and, 31 32 WHEREAS, Mr. Sassaman has served as a member of the Solid Waste Advisory Board since its creation 33 thirteen years ago, including serving in a leadership role as Chair; and, 34 35 WHEREAS, in addition to Mr. Sassaman's commitment to activities of the Solid Waste Advisory Board, 36 over the years he has served as a consultant in the solid and hazardous waste field 37 internationally working on evaluation of incineration technologies, hazardous waste site 38 mitigation, risk assessment and a broad array of other related topics; and, 39 40 WHEREAS, Mr. Sassaman has provided a persistent and impassioned voice for protection of the 41 environment of Orange County; 42 43 NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners hereby recognizes 44 Jan Sassaman for his outstanding service to the staff of the Solid Waste Management 45 Department, the Orange County Board of Commissioners and the people of Orange 46 County during his exemplary volunteer service on the Solid Waste Advisory Board. 47 48 This the 4th day of June 2013. 49 50 Jan Sassaman said it had been a pleasure working with the Board of County Commissioners, the 51 county manager and staff, and he has learned a lot about solid waste and recycling, as well as county 52 government and politics. He said the most important thing for him has been the opportunity to work with 53 county and town staff. He said the government employees that work in Orange County are by far the best 54 group of government servants that he has ever worked for. 13 1 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to approve a 2 resolution recognizing Jan Sassaman for his volunteer service on the Solid Waste Advisory Board and 3 authorize the Chair to sign. 4 5 VOTE: UNANIMOUS 6 7 5. Consent Aqenda 8 9 Removal of Any Items from Consent Agenda 10 Commissioner Price asked to remove Item 4-d. 11 12 Approval of Remaining Consent Agenda 13 A motion was made by Commissioner porosin, seconded by Commissioner Rich to approve the 14 remaining items on the consent agenda. 15 16 VOTE: UNANIMOUS 17 18 Discussion and Approval of the Items Removed from the Consent Agenda 19 20 Item 4-d- Revisions to Orange County Voluntary Farmland Protection Program Ordinance (Code of 21 Ordinances Chapter 48) 22 The Board considered approving minor changes to the wording of the Orange County Voluntary 23 Farmland Protection Program Ordinance (Chapter 48, Orange County Code of Ordinances) to help 24 prospective farm owners better understand the renewal process for farms enrolled in the County's 25 Voluntary Agricultural District (VAD) Program. 26 Commissioner Price referenced page 11 of the abstract and said she was concerned with the 27 language about contract termination. 28 Pete Sandbeck said the language was adjusted to make it consistent with the state language 29 regarding the EVAD. He said that the process is further clarified elsewhere in the agreement. He said 30 termination can be done by submitting a letter. 31 Commissioner Gordon said she feels this is a very good way to present an amendment or a change 32 to an ordinance. She noted that there is a detailed explanation as well as a clear definition of what the 33 change is. She wanted to acknowledge the clarity and the writing out of the department names. 34 A motion was made by Commissioner Price, seconded by Commissioner Gordon to approve the 35 minor changes to the wording of the Orange County Voluntary Farmland Protection Program Ordinance 36 (Chapter 48, Orange County Code of Ordinances) to help prospective farm owners better understand the 37 renewal process for farms enrolled in the County's Voluntary Agricultural District (VAD) Program. 38 39 VOTE: UNANIMOUS 40 41 a. Minutes — None 42 43 b. Motor Vehicle Property Tax Releases/Refunds 44 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax 45 values for twenty-five (25) taxpayers with a total of twenty-five (25) bills that will result in a reduction of 46 revenue. 47 c. Property Tax Releases/Refunds 48 The Board adopted a resolution, which is incorporated by reference, to release property tax values for two 49 (2) taxpayers with a total of eight (8) bills that will result in a reduction of revenue. 50 e. Community Home Trust Request— Housinq Bond Proqram 51 The Board approved a request from the Community Home Trust to utilize $75,000 of bond funds allocated 52 to the Community Home Trust for second mortgage assistance for repairs to the heating, ventilation and air 53 conditioning (HVAC) systems at the Greenbridge Condominiums. 54 f. Locally Coordinated Human Service Transportation Plan 14 1 The Board approved a four year updated Locally Coordinated Human Service Transportation Plan for 2 Orange County which will allow the County to apply for additional North Carolina Department of 3 Transportation, Public Transportation Division Grants. 4 g. Chanqe in BOCC Reqular Meetinq Schedule for 2013 5 The Board approved one change in the County Commissioners' regular meeting calendar for 2013 as 6 follows: 7 - Add a BOCC work session on Thursday, September 12, 2013. This meeting will be held at the 8 Southern Human Services Center, 2501 Homestead Road, Chapel Hill. 9 10 6. Public Hearinqs 11 12 a. CDBG Proqram — North Carolina Tomorrow Grant 13 The Board considered conducting a public hearing to receive public comments prior to official close- 14 out of the County's FY 2011 Community Development (CDBG) NC Tomorrow Program and authorize 15 execution of the Certificate of Completion by the Chair of the Board of County Commissioners. 16 Tara Fikes said the County was awarded $50,000 in Community Development Block Grant funds by 17 the North Carolina Department of Commerce to help develop and deliver economic development strategies. 18 She said the County has partnered with the Triangle J Council of Government (TJCOG) to develop this 19 strategy. 20 TJCOG Executive Director Kirby Bowers congratulated the Commissioners and staff for being 21 recipients of this grant. He said the plan is complete, and the executive summary is included in the packet 22 materials. He said this plan is part of 16 other TJOCGS plans for regional economic development 23 strategies. He said the purpose is to help with economic development strategies at a state level. He said 24 that all 16 plans are now complete, and work is being done to produce a statewide document to be 25 presented to the Secretary of Commerce in a couple of weeks. 26 Mr. Bowers said the plan includes suggested actions that the region can take to sustain and 27 enhance economic development and job growth. He said it builds on current plans. He outlined the 28 participants on the advisory committee and said there was also extensive outreach to multiple counties. 29 Mr. Bowers said the plan is complete; but this is a living document, and the work is not complete. 30 He said there would be another advisory committee meeting after the statewide plan is released to talk 31 about next steps in moving forward. 32 33 NO PUBLIC COMMENT 34 35 A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to conduct a 36 public hearing to receive public comments prior to official close-out of the County's FY 2011 Community 37 Development (CDBG) NC Tomorrow Program, close the public hearing and authorize execution of the 38 Certificate of Completion by the Chair of the Board of County Commissioners. 39 40 VOTE: UNANIMOUS 41 42 7. Reqular Aqenda 43 44 a. Contract Award for Professional Desiqn Services for the Northern Human Services Center 45 Community Center Proiect 46 The Board considered: 1) awarding a contract for professional services to MBAJ Architects, Inc. 47 from Raleigh, NC, for the not-to-exceed amount of$167,500 for the architectural and engineering design 48 work associated with the Northern Human Services Center Community Center project; OR 49 2) awarding a contract for professional services to MBAJ Architects, Inc. from Raleigh, NC, for the not-to- 50 exceed amount of$208,300 for the architectural and engineering design work associated with the Northern 51 Human Services Center Community Center project, including the programming and schematic design of 52 potential alternates that would preserve the classroom wings for either deferred use ("mothball"), open air 53 "pavilion" use, or full use; and 3) authorizing the Manager to sign the chosen contract on behalf of the 54 Board. 15 1 Jeff Thompson gave background in the interview and selection process. He said eleven firms 2 responded, five were interviewed, and MBAJ was chosen. He said the schedule is to move forward to have 3 a residential advisory board begin working on design of the facility with a goal of construction beginning 4 next summer. 5 6 PUBLIC COMMENT: 7 8 Sheila Van Hook McDonald said she speaks on behalf of descendants of Mary Benson, land owner 9 and originator of Cedar Grove Elementary School. She said their concerns center around the lack of 10 outreach to the community regarding the demolition and renovation of this property. She said that the text 11 of the mailing says that a citizen group will be involved in the planning process, but she questions whether 12 this group will involve members of the community who are passionately connected to the cause. 13 She would like this matter to be tabled until there has been communication with the community. 14 She understands that there is design indicating a reduction of the property from 37,000 square feet to 15 10,000 square feet. She said the community is concerned. 16 Hattie Van Hook lives within walking distance to the Northern Human Services Center. She 17 questions whether it is more cost effective to renovate and remodel rather than to demolish. 18 Camille White asked what work the Board of County Commissioners or designers will start on June 19 17tn 20 Jacqueline McConnell lives in Cedar Grove and she loved the Cedar Grove Library when it was 21 there. She said she is pleased that there is discussion of creating something else. She asked what will be 22 different now from the staffing, cost, and safety reasons that closed the library. She asked if these issues 23 have been addressed in the process of planning the new facility. She asked how the community service 24 center would differ from a library, and how it would be used. She said she is hopeful that the advisory 25 committee will work with the Commissioners to find a use for the facility, but it feels like a lot of money to 26 throw at something without a real plan. She asked what the design group is planning and what the vision is 27 for the facility's purpose. 28 Bonnie Hauser said she strongly supports another community center in Cedar Grove; however there 29 are fundamental questions that still need to be answered. She respectfully requests the Board put the 30 design on hold until there is a plan. She said there should be defined services before there is a design for 31 the building. She said there is nothing included in the plan regarding basic library, internet service, social 32 services or senior services that many residents expect to see. She said that it is unclear that this will be a 33 service at all. She said this building is triple the cost of the Rogers Road Community Center and the library 34 in Cedar Grove was just shut down due to lack of funding. She is especially concerned about the lack of 35 publicity for a project that is so large and important to the community. She said important stakeholders are 36 not involved. She asked that the design contract be put on hold and take the time to clarify a plan for a true 37 service center for this rural community. She said the Efland community should also be involved, as their 38 center has been de-funded and is underutilized. She asked for a clear picture of the hours of operation, 39 staffing and maintenance cost for the facility. She asked that the budget be limited to 2 million dollars. 40 Jeff Thompson said the work that starts on June 18, will be the design programming phase. He 41 said there was vision planning with the community in the spring and fall of 2012' and this brought the Board 42 to the decision point in November to work on the 10,000 square foot design. He said the programming 43 during those sessions included most of the services that have been discussed tonight- library, internet, 44 community meeting space, recreation space and kitchen space. He said the first phase of the design is to 45 take this information and meet with the resident advisory group, which includes members of the community 46 meetings. He said these programming meetings will be open to the public, frequent, and held in the 47 evenings. He said that all of that programming information happening over the summer months will then be 48 applied to the schematic designs presented in the fall. 49 Chair Jacobs said there has been discussion about the advisory group and the consensus was that 50 anyone who comes to the meetings can participate in the discussion. This is why there is no recommended 51 number; the current list contains the names of people who have already volunteered. 52 Commissioner McKee said some of the people that signed up to be on the informal design group 53 are here tonight. He said this group is also open to others who are interested. He confirmed with Jeff 54 Thompson that this resident design committee will be involved from the beginning of the process. 16 1 Commissioner Price said she had concerns about attachment 3 and the different options. She feels 2 this could short change the design group. She said that if the design group decides that an open air 3 pavilions is not necessary, then it should not be included in the contract. She said it seems the contract 4 should not be figured before the group has met for discussion. 5 Jeff Thompson said that the design fee is simply for MBAJ to evaluate the cost of the three options. 6 Commissioner Price said that she sees the value of the mothballing option, but the community never 7 suggested the open air pavilion; so she questions why money should be spent looking at this. 8 Jeff Thompson said this was discussed at a public meeting in September as an option. 9 Commissioner Price asked if there could be a meeting with the residents to gauge interest before 10 money is invested in studying designs. 11 Jeff Thompson said this was done in the spring and fall of 2012. 12 Dave Stancil said this process started with placement of flyers within stores, churches and public 13 buildings in the community, as well as mailings to citizens who lived within miles of the property. He said 14 there is a mailing list of 60 people in the community. He said the initial plan had a program to demolish the 15 facility and start with something new, and this evolved into saving a portion of the building. This has now 16 evolved into additional conversations about other options. He said there have been discussions with the 17 community about needs, and these discussions were used to come up with options. 18 Commissioner porosin said it would be good to see notes from these past committee meetings. He 19 questioned whether the process can be started without knowing the end uses of the facility. 20 Jeff Thompson said there is information spelled out in the notes from the prior meetings, and all the 21 uses spelled out by the public have been digested and will be brought to the table when the design process 22 starts. He said the original premise was to deconstruct the wings and concentrate on the 10,000 square 23 foot space and there were several reasons for this, including demand of infrastructure and serious sewer 24 and plumbing constraints. He said the current system will support the 10,000 square foot option. He said 25 that option 3 would require an $800,000 investment to expand the septic system to accommodate use. He 26 said that the April 16th meeting brought up the option of not bringing down everything, but having alternative 27 uses for the other two wings. He said this started a conversation of an additional study to bring back the 28 base design and add to it some of the other options. 29 Commissioner porosin clarified that the RFQ that went out is a generic design that could potentially 30 accommodate everything raised in the community meetings. 31 Jeff Thompson said it will address community spaces, recreational spaces, internet connectivity 32 spaces, and a kitchen. 33 Commissioner Pelissier said this was originally on the CIP plan as a commitment to the community 34 to renovate and not deconstruct this facility. She recalled community discussion around family reunions 35 and other events and now this is evolving into county services. She feels there needs to be a discussion 36 regarding service models. She does not want to go back on the promise to have something done, but she 37 thinks that maybe it should be slowed down. She said there needs to be a serious discussion of the service 38 model and what can be afforded. She said the library was used but not by a lot of people, and it required 39 two staff inembers for safety. She said there are complications with the current service model. 40 Commissioner Gordon said the Board needs step back and re-think what is being done. She said 41 one way to do this is to have a formal group created and to give them a formal charge and a deadline for a 42 report. She said a clear budget needs to be defined. She feels that a formal structure on how to proceed 43 is currently lacking. She suggested setting up a work group with a charge of defining the scope of service 44 and a budget, to be brought back on June 1 gtn. 45 Jeff Thompson said this item and all background information can be brought back on 18th for new 46 Board members and others to review. He said much of what Commissioner Gordon has mentioned has 47 already been done and the budget of$2m was established in the CIP. 48 Commissioner Price said this facility is being saved because of its cultural and historical 49 significance. She noted that there has been discussion of having some sort of library or Cybrary in this 50 facility, which would give students a place to use laptops and complete homework, as well as provide a 51 computer space for those looking for work. She said the community also needs a gathering/meeting 52 space. She said that the wings of the building have memories' and because of this the community would 53 like to see if it is financially feasible to save the wings for future uses. 17 1 She agreed that there should be a defined group who can be given a charge. She said that this will 2 not prevent others from giving feedback into the group discussion. 3 Commissioner McKee said the moment the sign-up sheet for input was laid out, a formal group was 4 established. He said it is worrisome to see the proposed expansion costs. His main concern is that a very 5 expensive structure will be built that won't provide any services, which is not the point. He said the services 6 that will be available are important, as is the historical significance of the facility. He said one way to kill a 7 project is to make it too expensive 8 Commissioner Rich said it would be nice to see budget figures on some proposed services such as 9 a library, Cybrary and others. 10 Jeff Thompson said as part of the preliminary plan process, this can be vetted out and brought back 11 in the fall. 12 Chair Jacobs said this is a circular argument. He said that investigating more possibilities creates 13 more expenditure. He said the cost of looking at the three proposed alternative uses is $40,000' versus the 14 $168,000 for the other consulting. He feels this is a comparatively small additional cost. 15 Chair Jacobs said the community simply wanted a library/Cybrary, and a community resource; and it 16 was someone else who brought up all these other services. He said this is not about duplicating other 17 service models. He said the main reason, other than safety issues, that staff recommended closing the old 18 library was because it cost $125,000 to heat/cool that one room. He said the people criticizing the board for 19 spending money should know that the library was closed to save money. He summarized that the Board 20 wants a formal structure, scope of services, charge, time, and specific membership, with background 21 information presented at the next meeting. 22 Commissioner Gordon said there should be a formal group established and nothing should be done 23 between now and 1 gtn. 24 Commissioner porosin asked what is going to come back on the 18th if there are no meetings 25 between now and then. 26 Commissioner Gordon said the formal charge, timeline, structure and the membership list will be 27 established. She said none of this exists now, so this information should come back on June 1gtn 28 Commissioner Price asked when the community will have input. 29 Commissioner porosin said there have already been community meetings. 30 Commissioner Price said more are needed and this needs to move forward with community input. 31 Chair Jacobs said there is still an issue with understanding what the community said and staff will 32 bring back these notes on June 1 gtn 33 Frank Clifton said there were several community meetings with Commissioners participating in 34 them. He said a variety of issues were discussed, including services. He mentioned the overriding issue of 35 the septic system and reviewed engineering issues that limit expansion. He said many of the decisions are 36 not staff driven and these issues and the discussion points can be presented at the next meeting. 37 Chair Jacobs said the Board wants background information, including a review of past public 38 comments; formal structure; timeline; cost; membership; and scope of services within the current septic 39 limitations. 40 This was agreed to by Board Consensus. 41 Chair Jacobs said the discussion group is open to general public and interested parties should sign 42 up. 43 44 45 46 b. Unified Animal Control Ordinance 47 The Board considered amending the Orange County Animal Control Ordinance to make it a Unified 48 Animal Control Ordinance. 49 Bob Marotto introduced himself and Annette Moore, staff attorney. He said this is an amendment to 50 set the basis for a more unified animal control ordinance' and the backbone is the existing county 51 ordinance. He said this effort has involved staff from Carrboro and Chapel Hill Animal Control, as well as 52 the town manager, the police chief of Hillsborough and the Animal Services Advisory Board (ASAB). He 53 said staff inet with the ASAB three times this year in developing the ordinance being presented tonight. 18 1 Annette Moore said the court system was confused about which ordinances would apply to a case. 2 The issue was confusing for Animal Services itself, since there are three ordinances in effect in Orange 3 County. She said the advisory board used Orange County's ordinance as a base and merged the three 4 ordinances into one; but there were still missing pieces. She referenced examples, such as no set appeal 5 process and no humane euthanasia plan for suffering animals. She reviewed information from the 6 ordinance and the abstract below: 7 8 Background: Beginning July 1, 2013, Orange County Animal Services will be providing Animal Control 9 Services to all parts Orange County except for the portion of Orange County within Mebane. Despite the 10 increasing integration of animal services through Orange County Animal Services, there are three different 11 animal ordinances in force (all available onlinhttp://orangecountync.gov/AnimalServices/info.asp). 12 Orange County, Chapel Hill and Carrboro all have their own ordinances, while Hillsborough has adopted 13 the County's ordinance. The differences in the local Ordinances have proven to be complicated and 14 confusing, not only for staff charged with responsibility for regulatory functions and the Court system, but 15 perhaps most importantly for the residents of Orange County. 16 17 Because animal services within the County have become more unified and integrated than they 18 have been in the past, for the past year County staff has been working on a proposed Unified 19 Animal Control Ordinance with the Towns of Chapel Hill and Carrboro. 20 21 In this context, County staff initiated the effort to create a unified animal ordinance by convening a work 22 group of staff from the involved jurisdictions. Staff from Chapel Hill and Carrboro have been integral to the 23 process responsible for the proposed ordinance, and upon County adoption of the ordinance, the towns' 24 staffs will present the ordinance for consideration by their respective governing boards. 25 More specifically, the work group has consisted of the staff attorney for the Chapel Hill Police 26 Department with animal control responsibilities, the Carrboro Police Chief and a Carrboro Police 27 Captain, the staff attorney for County Animal Services, and the County's Animal Services 28 Director and Animal Control Manager. Hillsborough staff elected not to participate in the work 29 group but are fully aware of this project. Most recently, the Town Manager and Police Chief 30 received a copy of the draft unified ordinance and an invitation to offer comment. 31 The objectives of the work group were to: 32 33 34 1. Create a unified ordinance. The group's work practice has essentially been to compare the same or 35 similar sections of the three existing ordinances and decide which made the most sense in light of 36 experience providing effective animal services in the different jurisdictions. The County's current Animal 37 Control Ordinance remains the backbone for the proposed unified ordinance. In addition, the comparative 38 methodology assured a finished product that was complete, strong and worthy of designation as a unified 39 ordinance for the County. 40 2. Fill in necessary "gaps" in the Ordinance to create the needed authority to assure the public health and 41 safety and welfare of animals within Orange County. One illustration of such authority would be to have an 42 animal euthanized for humane reasons in exigent circumstances. Another illustration would be the authority 43 to hold a vicious animal that has repeatedly bitten or attacked members of the public. While there may well 44 be a need for new laws under the animal control ordinance, staff did not make any effort to create new laws 45 but deferred such efforts until it could occur under a unified ordinance. Throughout the process requests to 46 create new law were resisted to ensure there was no "scope creep". Staff attempted to propose changes to 47 the existing Ordinances that would not be controversial, refined existing services being provided, and 48 assured the public health and the safety of animals. 49 50 During the initial process, the existence of"gaps" in the existing ordinances become apparent in 51 trying to address and resolve the concerns of residents in different parts of Orange County. 52 Staff has tried to work around the gaps in the Ordinance in close collaboration with staff attorneys from the 53 County and municipalities to respond to animal control issues and to protect public safety and the welfare of 54 the animals. In addition to Staff review of the Ordinance changes, the Animal Services Advisory Board 19 1 ("ASAB") also reviewed and suggested changes to the draft Unified Ordinance. 2 3 The ASAB discussed the proposed changes to the Ordinance on three occasions: 4 • At the initial meeting (February 20, 2013), the Animal Services staff attorney discussed the effort to create 5 a unified ordinance, its rationale and its scope. 6 • In a subsequent meeting (March 20 2013), the Animal Services Director and staff attorney went through a 7 draft version of the proposed ordinance distributed in advance of the meeting for review by board members. 8 This was a page-by-page review in which feedback was provided for additional consideration. 9 • At the May 15, 2013 ASAB meeting, the focus was on the status of vicious animals in the proposed 10 unified ordinance. The Animal Services Director presented a summary to identify the "gaps" that were being 11 in-filled by the proposed ordinance as well as the logic of state and local laws and their articulation and 12 limitations. At the meeting the ASAB made some suggestions for further consideration (which staff has 13 incorporated) and unanimously recommended that staff bring its effort to create the unified ordinance to 14 as soon as possible. 15 16 This detailed examination of the Vicious Animal section of the Ordinance was done to assure that issues 17 voiced by concerned residents about the laws surrounding vicious animals at the March 20, 2013 meeting 18 were fully discussed. It also had the added benefit of completely clarifying how the unified ordinance would 19 strengthen the County ordinance given that the BOCC Chair and Vice-Chair had previously requested such 20 consideration from staff and the ASAB in response to resident concerns about the death of a dog as a 21 result of an attack by a declared dangerous dog in the resident's neighborhood. 22 23 The only area in which amendments that would be considered a change are being proposed is in the area 24 of animal recovery. These changes are being proposed on the basis of the recommendations made by the 25 ASAB and Animal Services staff to the BOCC at the Board's February 12, 2013 Work Session. The 26 changes are part and parcel of the County's five year plan for managing pet overpopulation in order to both 27 reduce the euthanasia of potentially adoptable animals and to contain and control the medium and long- 28 terms costs of providing animal services. There are three specific changes that are incorporated into the 29 unified ordinance on the basis of this effort. These changes are to create: 30 31 1. A requirement for micro chipping stray cats and dogs upon their first recovery; 32 2. A tiered and differential fee schedule for the recovery of cats and dogs depending upon the number of 33 times they have been recovered and whether they are reproductive or sterilized; 34 3. A refundable spay/neuter deposit for cats and dogs recovered three or more times. 35 36 37 38 Bob Marotto said subsequent to County adoption of the ordinance, as previously indicated, staff from the 39 towns of Chapel Hill and Carrboro will present the unified ordinance for consideration by their respective 40 governing boards. There has already been legal review of the Ordinance in each jurisdiction and there is 41 ongoing consideration of the best way for the towns to enact the Unified Ordinance. Significantly, the towns 42 of Carrboro and Chapel Hill are expected to retain some portion of their ordinances that have been 43 designed to address unique circumstances specific to that jurisdiction or where there is no corresponding 44 component in the Unified Ordinance in the other jurisdictions: (i.e. tethering, permitting chicken, and 45 keeping livestock). Where a Municipality may have a more restrictive Ordinance in an urban area than the 46 County does for rural areas, the Ordinance provides for the greater restriction in the municipalities than in 47 the County. Communication from the Hillsborough Town Manager indicates that Hillsborough will 48 essentially adopt the County's new unified ordinance. The Town has done and will continue to do so on the 49 basis of the action of the Town Board of Commissioners, as it is codified in the Town's own animal 50 ordinance, which allows it to depart from the County's code where they wish to do so. 51 Presently, the Town of Hillsborough does so only through the prohibition of roosters and permitting 52 requirements for farm animals within city limits. 53 20 1 The North Carolina General Statute §153A-45 provides that in order for an ordinance to be adopted on its 2 first reading it "must receive the approval of all the members of the Board of Commissioners. If the 3 ordinance is approved by a majority of those voting but not by all the members of the board... it shall be 4 considered at the next regular meeting of the board." The Board then has 100 days after introduction of the 5 ordinance to adopt the change to the Ordinance. 6 7 Staff Attorney Annette Moore said that if this is approved, the advisory board would like to take this 8 to Chapel Hill, Carrboro, Hillsborough and the small portion of Durham in Orange County. 9 Bob Marotto said the board has resisted the scope creep of creating new laws. He said there was 10 one exception to this, where a recommendation was made for an amendment on animal recovery. This 11 amendment requires a micro-chip fee for dogs and cats recovered for the first time; a refundable 12 sterilization deposit for people whose pets have been impounded and recovered two times; and a 13 differential recovery fee structure for the recovery of animals sterilized, versus those that are reproductive- 14 with higher rates for non-sterilized animals. He said this was done to address the pet overpopulation in the 15 county and reduce reliance on euthanasia. 16 17 PUBLIC COMMENT: 18 Allan Green is an Orange County farmer. He addressed several handouts at the Commissioner's 19 places and read from the following statement: 20 I want to thank the commissioners for this opportunity to speak. I am Allan Green, an Orange 21 County farmer, and member of the Agriculture Preservation Board (APB), although I am not here tonight 22 representing the Board. 23 I will be addressing two related issues described in the background material I provided to you. The 24 first originated over 4 years ago, on March 3�d 2009 when an ice storm shorted out our electric fence. One 25 of our small Dexter cows went through the fence, and was grazing outside my fences next to Orange Grove 26 road on property I partially own. A helpful passer-by called Animal Control, and even though the cow was 27 quickly confined, I was cited and subsequently fined because my cow as at-large, and by definition, a public 28 nuisance. Because the animal represented no real nuisance or public danger, I appealed to both the 29 manager and director of Animal Services; but they refused to void the citation, citing the language of our 30 ordinance: an animal at-large is a public nuisance, period. 31 As a farmer, this narrow definition seemed inconsistent with my experience and common sense, 32 and worth investigating. I began by researching similar provisions of the animal control ordinances of 33 surrounding counties. Attachment 2 summarizes the results: including our 10 neighboring counties, only 34 Orange County categorically defines at at-large animals as a nuisance, at least in unincorporated 35 jurisdictions. While ordinances vary, our neighboring counties reserve violations for actual nuisance 36 behavior while an animal is at-large. I then brought the issue to the APB, and in March 2010, our 37 chairperson met with the ASAB and requested a meeting to discuss our position. 38 Which brings be to my second issue. Attachment 1 is Director Marotto's response to that request. 39 He describes the issue as a waste of staff resources and unnecessary because animal control officers have 40 the discretion we are recommending. But, that is not what our ordinance says, and no discretion was 41 exercised in my case in 2009. Keeping and ordinance on the books so that it can be selectively enforced is 42 simply wrong. 43 I am therefore asking the Commissioners to direct Animal Services staff and the Animal Services 44 Advisory Board to work cooperatively with the Agriculture Preservation Board to make our Animal Control 45 Ordinance more consistent with the realities of rural life. Thank you. 46 47 Ed Johnson lives on 60 acres of land in the Orange Grove community. He said this proposed 48 ordinance is not ready yet and needs more work. He said last year, two of his dogs were declared vicious 49 animals, when an intruder came into his yard and one of his dogs bit the intruder during a confrontation. 50 The intruder ran away, and later, without revealing a past criminal record for trespassing, the intruder filed a 51 complaint against Ed Johnson. He said that state law allows an animal to be declared dangerous and has 52 a built in appeal process, while the county ordinance has a provision for vicious animals and has no appeal 53 process. He said it is unclear to him how animal control can make the decision between calling an animal 54 dangerous or vicious. He wrote to animal control pointing out that the county ordinance does not allow an 21 1 animal to be declared vicious if a trespasser is declared dangerous and if the animal is acting as a 2 watchdog. He said the latest version of the ordinance has no category for watchdog and the category of 3 trespass now puts the burden on the land owner to prove the trespasser had criminal intent. He feels these 4 changes are significant and require more public debate and input. He feels that most rural residents 5 regard their dogs as watchdogs and this provision should be saved. He said the ordinance should allow for 6 differences between town and country' and the question should be asked regarding why there are 7 categories for both dangerous and vicious dogs. 8 Bonnie Hauser is speaking for Orange County Voice. She has dogs, and has come to know many 9 of the people on the ASAB. She said her dealings with animal control have been positive and professional. 10 She said she was very surprised and uncomfortable watching the county attorney lead a discussion of the 11 new unified ordinance without any legal framing of the issues or their implications. She said the attorney 12 did her job well but did not explain that her role is to represent the County's interests, and this may not be 13 the same as the citizens' rights or interests. She said that the Animal Services Advisory Board is a group of 14 committed and impassioned animal services professionals who need more than a one sided briefing on 15 these issues. She said the workgroup had no citizen representation. She said that she met with a 16 professor who specializes in animal control law at the UNC School of Government. The professor 17 expressed concern with overlapping and contradictory language, lack of due process and missed 18 opportunities to distinguish urban and rural issues. The professor offered to advise the ASAB, but this offer 19 was rejected. She said the draft ordinance takes away important protections and property rights from 20 citizens. She urged the Board not to endorse the ordinance, but to thank the ASAB and Annette Moore for 21 their work, while acknowledging there is more input and more protection for citizens needed. 22 Ann Meade said she reviewed the ordinance. She said that it contains numerous internal 23 inconsistencies; is poorly worded; has ambiguous statements and severe organizational problems. She 24 gave several examples of this, including the use of the definitions of vicious animals and its placement in 25 the ordinance. She also noted section 4, page 16 regarding dangerous animals and the appeal process 26 that allows an animal to remain classed as vicious while no longer being classed as dangerous. 27 Bob Epting is an Orange County resident and has two dogs. He read from the following statement: 28 My name is Bob Epting, and I am an Orange County resident. I keep two wonderful Labrador 29 retrievers as company. They are a very real part of my family. They protect me, my home, and my 30 property from intruders. I am here to urge to you protect them, and the watchful animals of others in 31 Orange County, from being arbitrarily designated as vicious animals. 32 When I am staying in town, I expect visitors to come and go across my front porch. The way my 33 house is located along the street, with a sidewalk leading up to my front porch, invites guests, postmen, 34 and neighbors, even unknown ghost and goblins at Halloween to visit. They may expect not to be bitten by 35 my dogs. On the other hand, persons roaming around inside my fenced-in back yard, without invitation, 36 especially at night, are trespassers and should expect to be chased, barked at, and even bitten if they do 37 not flee. 38 When I am out in the country, I expect my dogs to know the boundaries of my 40 acres, and to bark 39 to alert me of persons who come there unexpectedly. Here is nothing about that rural tract that invites any 40 passerby to come onto my land, and they should do so at their own risk. My dogs know to protect me and 41 my home in the country and are given free run of the farm to do so. 42 At either place, they are watchdoqs and their attention, barking, and physical threats protect me, my 43 family and friends, not to mention my property. 44 Trespassers who enter my property without civil intent should expect to be barked at, even bitten, to 45 prevent harm to me or my property. And they should not be protected, as this draft ordinance would do, 46 unless I am able to prove they were there to commit a specific crime. 47 I mention watchdogs and trespassers, because this draft ordinance turns these expectations on 48 their head, and instead gives Animal Services officers the power to declare my dogs vicious animals if they 49 bite a trespasser, even once, unless I can prove the intruder's intent was to commit a crime. 50 Understand, it is clear as a bell, that the existing ordinance recognizes that the Animal Services 51 officers may not declare watchdogs that bite in protection of their property to be vicious dogs. 52 It is also clear in the existing ordinance that dogs who bite trespassers may not be declare vicious 53 animals. 22 1 The "Unified Ordinance" does away with both of these provisions, though the narrative 2 accompanying this agenda item fails to mention to you either of these very major changes. 3 He urged the County not to adopt this Ordinance tonight but to allow the opportunity for citizens to 4 give public comment and suggestions for changes to make it better. 5 Time expired. More written comments are included in the statement attached to this abstract item. 6 Don O'Leary said he also lives in a rural area and he has a large black lab who is friendly, but a 7 good watchdog. He said that if his dog were to bite someone, it would be in defense. He referenced a Dr. 8 Albright, and the RFID chipping practice. He said this chip causes cancer and he would like the Board to 9 do research on this issue before moving forward. 10 Susan Elmore, Chair of ASAB, said the board did meet on occasion and did review this potential 11 ordinance very carefully before giving input. She said the board did consider inviting Professor Wall, but 12 did not, because it did not seem necessary. She said the board does have an attorney who facilitated a 13 discussion and review of the ordinance and the vicious dog issue among others. The board gave feedback 14 to staff and unanimously approved the ordinance. She said the board did consider potential exemption for 15 livestock that were loose, but the board felt that these animals are a potential human health hazard, 16 especially near the road where there may be contact with a car. She said that the ASAB understood that if 17 it is the case of an act of God, it would be up to the discretion of the Animal Control Officer whether to issue 18 a citation. 19 Patrick Mulkay is a resident of Bingham Township. He referenced the definition of a trespasser and 20 said that in the rural part of the county you can take lethal action against a trespasser if you are in fear of 21 your life. He said that this is not so in the towns, where the trespasser has to be in your house. He 22 wonders how this affects the lay enforcement community. He said he has two watchdogs that help protect 23 his family. He said that he hears people talking about farm animals and he remembers helping his family 24 gather cows when they escaped the fence. He said this is discussion of city folks making a determination 25 of what farm animals are thinking. He feels the Board needs to put this ordinance off and seek more input 26 in to this ordinance. 27 Michelle Walker is the vice chair of the ASAB. She said the board did hold a specific meeting that 28 deals with vicious and dangerous dogs' and there was ample opportunity for public participation. She said 29 that there was no clear definition or standard for what is a watchdog, and the proposed ordinance does 30 maintain an exemption for sentry dogs that have been trained and registered with the county. She said that 31 she is also a licensed attorney in North Carolina and she knows that the word trespass is fraught with legal 32 issues. She said that there are concerns with the kind of civil litigation that the County could be involved in, 33 and the new ordinance seeks to address that. She said that the designation between dangerous and 34 vicious dogs is done to give the Animal Control more ability to impound certain animals in the county than 35 the state allows. 36 Commissioner McKee said it was his understanding that it was a compilation of ordinances only and 37 not an expansion, but he sees an expansion of the scope. He referenced the changes made, against the 38 objections of many citizens, to county tethering laws in the past and asked if tethering still applies to Chapel 39 Hill and Carrboro. He asked how a unified document could not be unified across the County. 40 Annette Moore said there are certain parts of the ordinance that could be controversial in certain 41 jurisdictions, and thus those areas were exempted out of this process. She said the same is true of issues 42 like chicken coops in Carrboro. 43 Bob Marotto said Chapel Hill and Carrboro both have a tethering ordinance that is more prohibitive 44 than Orange County's ordinance. He said there are some significant gaps in the ordinance and these gaps 45 can be filled in by Animal Control with consultation from the advisory board and colleagues. He said there 46 are efforts being made to identify those gaps. 47 Commissioner McKee said that rather than fight a difficult fight on tethering again, it seems that this 48 unified document has picked soft targets like the vicious dog issue. He said he has a real problem with 49 making regulatory changes while creating a unified document. He said he is seeing many things that have 50 been taken out and others that have been added in. He is concerned with the decision not to take advice 51 from the School of Government. He said that he realizes that the farm animals can be destructive, but they 52 are not the only animals that can damage a car on the road. 53 Bob Marotto said that the farm animals issue was brought to the ASAB several years ago, and it 54 was carefully studied. This was followed by the development of a set of recommendations for the Board of 23 1 County Commissioners that preceded this one. He said he realizes that there are several large animals 2 that can cause harm, but this issue involved litigation and assessment of a policy issue. He said this history 3 is an important part of the process that needs to be recognized. 4 Annette Moore said that the board thought about not filling the gaps, such as the appeal process. 5 However, it was felt that this was one of several glaring missing pieces. She said the same is true of the 6 issue of trespass, and that is why these gaps were filled. 7 Commissioner McKee said he knows there will be gaps; however it should have been consolidated 8 and then each individual gap addressed after the consolidation, not before. This would have made it clear 9 to the public. He said the fact that this wasn't done makes it impossible for him to support this. This would 10 mean supporting not just the consolidation document, but also new recommendations and regulations. 11 Commissioner Price referenced the section regarding penalties and spay/neutering for animals 12 picked up by animal services. She said she understands the overpopulation issue, but she does not 13 understand the correlation between an animal that strays and the practice of spaying/neutering without 14 owner consent. 15 Bob Marotto said that the correlation is that reproduction can occur in the case of unattended 16 animals. He said it is not a requirement of the proposal that the animal be spayed or neutered, but it is a 17 requirement that the owner put down a deposit that is refundable if the procedure is done within a 60 day 18 period. He said this also allows for education to the owner regarding the available services and the 19 benefits. 20 Commissioner Rich asked about the criteria for classification of vicious and dangerous dogs. 21 Bob Marotto said the decision is made in accordance with the criteria set in law and the totality of 22 the circumstances and facts of the case. He said there is a review conducted when a report is made and 23 an investigation is done in accordance with a set of standards. 24 Commissioner Rich asked about the appeal process. 25 Bob Marotto said the NC General statute gives a general appeal to the owner of a dog declared 26 "potentially dangerous", but there is no appeal for a dog declared "dangerous." He said that the proposal 27 this evening is the first appeal process in an ordinance. This has been created in this ordinance out of 28 concern for the necessity of due process and checks and balances. 29 Commissioner Pelissier said she appreciates the work that has been done. She said the point 30 made about definitions being deleted is valid and definitions need to be made up front. 31 She said she does have a concern about the farm animals, as she does not want to send the wrong 32 message to farmers in rural Orange County. She said that escaped cows are not an uncommon 33 occurrence and this is not something farmers want. She is concerned and would like to see this issue 34 reexamined. 35 Chair Jacobs said the he has decided to defer the closed session to the June 11t" work 36 session. He also deferred the Work Group and Charge for an Assessment of Jail Alternative 37 Programs to the June 18t" BOCC Meeting. 38 Chair Jacobs suggested staff should highlight the gaps and to come back to the Board, addressing 39 the points the public made and why the board agrees or disagrees with these points. He said there were 40 valid arguments made, and he could not decide on a direction at this point. He said this should come back 41 on the 18th and he said the official schedule will be decided at agenda review. He said that this will not get 42 the go ahead until September. 43 Bob Marotto said the recommended amendment changes for animal recovery are part of the Animal 44 Services recommended budget and he asked if these can be considered separately. 45 Frank Clifton said there is a proposal in the budget where Carrboro has asked the County to absorb 46 its animal control operations. He said some of these changes may be a result of that and the town of 47 Carrboro will have to be dealt with in this process. 48 Bob Marotto said that services can begin to be delivered in Carrboro on July 1 without the changes, 49 but this will be done under 2 or 3 different ordinances until the single ordinance is established throughout 50 the County. 51 Commissioner Rich expressed concern about the number of items being deferred until the 1 gtn 52 She asked if the financial parts will be separated out or if it can be done as one item. 53 Frank Clifton said the financial aspects won't impact budget. 54 Commissioner Gordon suggested this be deferred until fall. 24 1 Chair Jacobs summarized the plan. 2 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to defer 3 consideration of this item until fall, when staff is asked to come back with a digested form highlighting 4 changes to the ordinance, addressing points made by the public and why the work group agrees or 5 disagrees with these points. 6 Commissioner porosin asked if this motion includes bringing back the recovery fees issue before 7 the fall. 8 Commissioner Gordon clarified that she would prefer to bring it all back in the fall, since the June 9 18th meeting may be too full. She said she would defer the decision about the animal recovery issue/fees 10 to the agenda review team. 11 12 VOTE: UNANIMOUS 13 14 c. Refund Requests for Inaccurate Square Footaqe Calculation 15 The Board was to consider five taxpayers' refund requests for the years 2008 through 2012. 16 17 A motion was made by Commissioner porosin, seconded by Commissioner Gordon to defer this 18 item to the June 18th BOCC meeting. 19 20 VOTE: UNANIMOUS 21 22 d. Work Group and Charqe for an Assessment of Jail Alternative Proqrams 23 The Board was to consider the creation of a Work Group and Charge for the Assessment of Jail Alternative 24 Programs. 25 26 DEFERRED 27 28 8. Reports NONE 29 30 9. County Manaqer's Report 31 32 Chair Jacobs had asked Frank Clifton to reaffirm with towns on a solid waste inter-local agreement. 33 34 Frank Clifton said right now the towns are waiting for an analysis of their current services studies. 35 He said that both are taking waste to a private transfer station in Durham County. He said the Town of 36 Chapel Hill is still analyzing pursuit of its own transfer station and the possible inclusion of Carrboro in this. 37 He said Hillsborough is still just as close to Durham. He said the towns are still interested in a construction 38 and debris landfill, and there is continued discussion of Chapel Hill having its own recycling program. He 39 said that all of this means there is no ongoing effort for a solid waste agreement until the towns have sorted 40 through these considerations. 41 Commissioner Rich asked if this means the County is not considering an inter-local agreement. 42 Frank Clifton said there have been some preliminary staff discussions. He said the primary issue 43 is what an agreement would entail and recycling is the main topic. He said much of this depends on what 44 direction the County decides to take. 45 Commissioner Rich encouraged everyone to keep those conversations going and keep a positive 46 tone to encourage a partnership. 47 Frank Clifton said one thing that has been discussed is the legal authority to operate within the 48 Chapel Hill section of Durham County. He said this requires Chapel Hill to include a provision in its budget 49 ordinance to allow the County to levy a fee and collect for the services within the town's authority. He noted 50 that while the County can come up with a comprehensive countywide cost, each individual town has a 51 different cost to consider. 52 53 10. County Attorney's Report 25 1 John Roberts said he has suggested to town attorneys that support of a resolution would remedy 2 the situation in the Durham County portion and the Orange County portions. He said this would remedy 3 the need for a solid waste service district in the town areas. 4 He said the legislative committees continue to pump out bills, and it does not appear that things will 5 be finished two weeks from now. He said that his legislative update will likely come to the Board during 6 summer break. 7 Commissioner porosin asked if there was any feedback from the towns on the proposal about solid 8 waste. 9 John Roberts said he made the proposal months ago. He said the towns felt there was no 10 authority and it is still being considered. 11 Commissioner porosin noted that the court of appeals overruled the Chapel Hill cell phone case. 12 He said there is some interesting language on local government authority and he would love a summary of 13 this. 14 John Roberts said it seems to be limited to police power and the Court of Appeals didn't address 15 the cell phone ordinance. He said the court essentially said that the plaintiff was not in any imminent 16 jeopardy of being penalized under the cell phone rule, thus it was overturned. The court did say that 17 Chapel Hill did have the power to enforce towing regulations. 18 Commissioner Rich questioned if this might be a victory in many ways. 19 John Roberts said that general consensus on the attorney list serve was that this towing ordinance 20 was a bad decision, but there was no discussion of the cell phone issue. 21 22 11. Appointments 23 24 a. Oranqe County Board of Adiustment— New Appointments 25 The Board considered making new appointments to the Orange County Board of Adjustment. 26 27 28 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to appoint 29 Karen Barrows to the #5, At-Large position on the Orange County Board of Adjustment, with a term 30 expiration of 6/30/2015. 31 32 VOTE: UNANIMOUS 33 34 A motion was made by Commissioner porosin, seconded by Commissioner McKee to appoint 35 Samantha Cabe to the # 6 position (Alternate) with a term expiration of 6/30/2015. 36 37 VOTE: UNANIMOUS 38 39 A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint Jeff 40 Schmidt to # 3, At-Large Position, with a term expiration of 6/30/2016. 41 42 VOTE: 6-1 (Commissioner porosin) 43 44 45 b. Oranqe County Planninq Board —Appointments 46 The Board considered making appointments to the Orange County Planning Board. 47 48 A motion was made by Commissioner porosin to nominate Brendan Madigan to the #8 At-Large 49 position on Orange County Planning Board, with a term expiration date of 3/31/2016. 50 No second. Motion fails. 51 52 A motion was made by Chair Jacobs, seconded by Commissioner Price to nominate Randy 53 Marshall to the #8 At- Large position on Orange County Planning Board, with a term expiration date of 54 3/31/2016. 26 1 2 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to nominate 3 Paul Guthrie to the #8 At- Large position on Orange County Planning Board, with a term expiration date of 4 3/31/2016. 5 6 A vote was taken on appointing Paul Guthrie to position #8. 7 8 VOTE: Ayes, 5 (Commissioner McKee, Commissioner Price, Commissioner Rich, Commissioner Gordon 9 and Commissioner Pelissier); Nays, 2 (Chair Jacobs and Commissioner porosin) 10 11 A motion was made by Chair Jacobs, seconded by Commissioner Price to appoint James Lea to 12 the Cedar Grove Position (#1) on the Orange County Planning Board with a term expiration date of 13 3/31/2016. 14 15 VOTE: UNANIMOUS 16 17 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint 18 Stephanie O'Rourke to the Eno Township Position (#6) on the Orange County Planning Board with an 19 expiration date of 3/31/2016. 20 21 VOTE: UNANIMOUS 22 23 A motion was made by Commissioner McKee, seconded by Commissioner Rich to appoint Dr. 24 Herman Staats to a first full term to Position #10 ( At-Large) with a term expiration date of 3/31/2016. 25 26 VOTE: UNANIMOUS 27 28 12. Board Comments 29 Commissioner Rich said she had a good experience at the legislative building on Monday. 30 Commissioner Pelissier echoed Commissioner Rich's comments. 31 Commissioner McKee — none 32 Commissioner porosin said he was at the Animal Services Open House on Saturday and it was a 33 great event with lots of community and a record number of adoptions. 34 Commissioner Price echoed Commissioner Rich's comments. She said on Saturday she went to 35 the Northern Orange Education Task Force/Sankofa Awards banquet and encouraged them to continue 36 their studies. She also went to the Durham Tech graduation, which was a moving experience. 37 Commissioner Gordon reminded everyone about the Farm to Fork Picnic, happening on June gtn 38 from 4-7pm in Hurdle Mills. 39 Chair Jacobs said a number of Board of County Commissioners attended the Employee 40 Appreciation/Wellness event for employees, which was very nice and well attended. He reported that he 41 spoke to a legislator who said that the State House is not inclined to close the Orange Correctional Center. 42 43 13. Information Items 44 45 • May 21, 2013 BOCC Meeting Follow-up Actions List 46 • Tax Collector's Report— Numerical Analysis 47 • UNC/Orange County Landfill Gas Project Summary 48 • BOCC Chair Letter Responding to Petitions during May 7, 2013 Regular Meeting 49 50 14. Closed Session 51 DEFERRED 52 53 54 15. Adiournment 27 1 2 A motion was made by Commissioner porosin seconded by Commissioner McKee to adjourn the meeting 3 at 11:19. 4 5 VOTE: UNANIMOUS 6 7 8 Barry Jacobs, Chair 9 10 Donna S. Baker, CMC 11 Clerk to the Board 12 1 1 Attachment 6 2 3 DRAFT MINUTES 4 BOARD OF COMMISSIONERS 5 REGULAR MEETING 6 June 18, 2013 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met in regular session on Tuesday, June 10 18, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. 11 12 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, 13 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and 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 inembers 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 Chanqes to the Aqenda 23 Chair Jacobs reviewed the items at the Commissioners' places: 24 - Buff sheet— Item 5-t, Clean version of Land Lease for Orange County Jail 25 - Yellow sheet - Item 5-u, Revised abstract for Space Study Framework 26 - Rose sheet— Item 5-x, Proposed Addition to the Consent Agenda- Potential Orange 27 County Fair- Summer Working Group Change 28 - White sheet— PowerPoint for Item 6a, Proposed 2012-2013 Secondary Road (SR) 29 Construction Program for Orange County 30 - White sheet- Item 7a-Revised Page 2 of Approval of Fiscal Year 2013-14 Budget 31 Ordinance, County Grant Projects, and County Fee Schedule 32 - Salmon sheet— Item 7-f, Triangle Transit Response to BOCC Agenda Item - Orange 33 County Bus and Rail Investment Plan Implementation — Staff Follow-Up 34 - White sheet— PowerPoint for Item 7-f, Orange County Bus and Rail Investment Plan 35 Implementation — Staff Follow-Up 36 - Lavender— Request from OWASA for BOCC appointments to their Interagency Work 37 Group to Develop Recommendations for Expanding Financial Assistance Program for 38 OWASA Customers in Need 39 - Blue sheet - Proposed Petition Items from Commissioner Price 40 41 PUBLIC CHARGE 42 The Chair dispensed with the reading of the public charge. 43 44 2. Public Comments 45 46 a. Matters not on the Printed Aqenda 47 Chris Russell lives off of Neville Road and spoke again regarding the siting of sub- 48 station 2 of the White Cross fire station. He requested this item be put on an agenda and 49 requested a public meeting be held with proper notice for residents to attend. He feels this 50 neighborhood is the wrong site for a fire house. He feels the development and siting of this 2 1 sub-station should be put on hold pending the public hearing. He asked the Board to consider 2 language to modify fire agreements with the volunteer fire stations and noted that this is on the 3 agenda for approval. 4 Thomas Stones is a resident on Neville Road, and he is opposed to the siting of this 5 proposed sub-station of the White Cross Fire Department. He noted that this station would be 6 sited next to his house. There is a lot of traffic on this road already, and the neighborhood does 7 not need more traffic. He asked the Board to re-consider the site. He said that if he ever was 8 to re-sell his property, no one would want to live next door to a fire station. 9 Don O'Leary said that the nation has come to a crossroads. He said the law abiding 10 citizens of the nation have been deemed enemies of the state, according to the bankers who 11 have taken over the federal government. He said that everyone needs to stand together to 12 defeat the enemy that is eroding the constitution by condemning the constitution, Christians, 13 gun-right advocates, privacy activists and other founding ideas of this country. He said that 14 privacy is lost and everyone is being tracked and watched via various methods. He asked that 15 the County keep their strength at the local level of government. He said that it is time for the 16 Board to choose sides on the issues. He said the Board is collaborating with ICLEI; and if this 17 continues, the people of Orange County will know what side the Board is on. 18 Lynett Tempest said she is opposed to the siting of the Neville Road sub-station of the 19 White Cross Fire Department. She said this siting puts the station in the watershed and on a 20 narrow road, and she asked for the reason behind this siting. She said the community is not 21 aware of any site qualifications. She noted that the prerequisites for siting are, to serve the 22 greatest area, and to minimize response time. She asked how this site compares to a Hwy 54 23 site and she said this site will have longer travel response times. She said the community does 24 want a fire station, but the station should be situated at a more logical site. She said the 25 community deserves more than this antiquated process. 26 Hudson Vaughn is the associate at the Marion Jackson Center and he thanked the 27 Board for the County's increased contribution through the budget that was just approved. He 28 noted that one project in the works is Fusion Radio, produced by high school youth as a live 29 monthly radio show. 30 31 b. Matters on the Printed Aqenda 32 33 3. Petitions by Board Members 34 Commissioner Gordon said that the Board had received a chart from the NCACC on the 35 N.C. Tax Reform: Impact on Counties as of June 17, 2013 (Sa/es Tax Revenues Based on 36 2011-12 Department of Revenue Distributables). She noted that the chart shows in the House 37 plan that Orange County would receive an increase of over $789,401, but with the Senate plan 38 the county would get a decrease of about $778,732. 39 She petitioned the Board to ask the Chair to write a letter to the legislative delegation in 40 support of the House plan. 41 Chair Jacobs said items such as these are usually referred to Chair/Vice Chair agenda 42 review, and this group will not meet for 10 weeks; so he suggested that the Board agree by 43 consensus for him to write this letter now before the House adopts their budget. The Board 44 agreed with this action. 45 Commissioner Price made two petitions. She said one is a resolution commending the 46 Northern Orange Education Task Force. She said this group has come together to encourage 47 students in the local high school to achieve a 3.0 grade point average. 48 She said the other resolution is to re-institute the Commission for Women as an 49 advisory board to the Board of County Commissioners. She acknowledged help from women in 50 the community, as well as Commissioner Gordon, on putting together this resolution. 3 1 Chair Jacobs noted that the Education Task Force item is already on the agenda for 2 September. 3 Chair Jacobs noted that the Board discussed their energy and fuel consumption report 4 and discussed doing a better job of tracking reusable items. He petitioned that Dave Stancil be 5 involved, as this relates to the environmental responsibility goal. 6 Chair Jacobs said many groups are working on the voter identification issue, and he 7 hopes that when the board reconvenes on September 5th, staff will provide a report on these 8 activities and on how the County can help people to register to vote. 9 Chair Jacobs suggested that the lavender OWASA letter be added to the agenda to 10 appoint two Board members. 11 A motion was made by Commissioner Rich, seconded by Commissioner Price to add 12 the request from OWASA for BOCC appointments to their Interagency Work Group to Develop 13 Recommendations for Expanding Financial Assistance Program for OWASA Customers in 14 Need. 15 16 VOTE: UNANIMOUS 17 18 4. Proclamations/ Resolutions/ Special Presentations 19 20 a. Social Services Best Practices Award 21 The Board acknowledged the job training partnership between Orange County Social 22 Services (DSS) and Orange County Emergency Services for the Emergency Medical 23 Technician Training and Employment Program for Work First Recipients, which resulted in 24 Orange County receiving the Best Practices Award from the NC Association of County 25 Directors of Social Services. 26 Nancy Coston said the Social Services agency won an award; but in reality this was a 27 partnership with Emergency Services. She said Social Services' workforce employment 28 program worked with Emergency Services to identify and train individuals to seek employment. 29 Kim Woodward, Emergency Services Supervisor, recognized two ladies she met 30 through work first program, both with some medical experience. She said both women went to 31 the Durham Tech EMT program and joined Orange County Emergency Services as permanent 32 employees last year. She said both women are now signed up for the paramedic program, and 33 she presented both employees to the Board for recognition. 34 Chair Jacobs thanked the people who worked with Social Services on this, and he said 35 this is an excellent example of government at work in a positive way. 36 37 b. Resolution Callinq on Conqress to Fund Urqently Needed Services and 38 Infrastructure Repair in Oranqe County and Throuqhout the United States By 39 Brinqinq War pollars Home 40 The Board considered a resolution calling on Congress to fund urgently needed services 41 and infrastructure repair in Orange County and throughout the United States by bringing war 42 dollars home and authorizing the Chair to sign. 43 44 Commissioner Price read the resolution: 45 46 ORANGE COUNTY BOARD OF COMMISSIONERS 47 48 RESOLUTION CALLING ON CONGRESS TO FUND URGENTLY NEEDED SERVICES AND 49 INFRASTRUCTURE REPAIR IN ORANGE COUNTY AND THROUGHOUT THE UNITED 50 STATES BY BRINGING WAR DOLLARS HOME 4 1 2 WHEREAS, the Iraq and Afghanistan wars have cost the nation over one trillion dollars, N.C. 3 taxpayers $34 billion and Orange County taxpayers $480 million; and 4 5 WHEREAS, 1.6 million residents of North Carolina live in poverty, with a poverty rate of 16.9 6 percent in Orange County; and 7 8 WHEREAS, spending for the wars has diverted money from education, job growth, access to 9 medical care, low cost housing, infrastructure repair, environmental protection, and other needs 10 in Orange County and throughout North Carolina; and 11 12 WHEREAS, since the nation, North Carolina, and Orange County have suffered layoffs, 13 cutbacks in services, and delays in repairing and building infrastructure, it is time to reexamine 14 our spending priorities; 15 16 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners calls 17 upon the United States Congress and President Barack Obama to bring our war dollars home 18 and use the savings to meet vital human needs, promote education, rebuild our infrastructure, 19 protect our environment, support job-creating businesses, and aid our municipal, county and 20 state governments. 21 22 This, the 18th day of June 2013. 23 24 A motion was made by Commissioner porosin, seconded by Commissioner Rich to 25 approve the Resolution Calling on Congress to Fund Urgently Needed Services and 26 Infrastructure Repair in Orange County and Throughout the United States By Bringing War 27 Dollars Home. 28 29 VOTE: UNANIMOUS 30 31 c. Resolution Opposinq Potential Druq Testinq for Public Assistance Recipients 32 The Board will consider a Resolution Opposing Potential Drug Testing for Public 33 Assistance Recipients, which is proposed in Senate Bill 594 before the 2013 North Carolina 34 General Assembly and authorizing the Chair to sign. 35 36 Commissioner porosin read the resolution: 37 38 ORANGE COUNTY BOARD OF COMMISSIONERS 39 40 Resolution Opposing Potential Drug Testing for Public Assistance Recipients 41 42 WHEREAS, Senate Bill 594 has been introduced in the 2013 North Carolina General Assembly 43 session, proposing drug testing requirements for recipients of public assistance and requiring 44 families who apply for Work First to be screened at their own expense; and 45 46 WHEREAS, the proposed drug testing requirements would create hardships for families with 47 the least resources and in many cases will discourage those families from applying for available 48 assistance even when no substance abuse is present; and 49 5 1 WHEREAS, if a family does pursue the screening and no issues are identified, it is proposed 2 that the local county social services department will reimburse the family for the costs although 3 no State funds have been appropriated for this expense, thereby establishing another State 4 unfunded mandate for county governments; and 5 6 WHEREAS, the imposition of a drug testing requirement appears discriminatory by requiring 7 low income families to be screened when many other individuals supported by other various 8 government subsidies and programs are not subject to these arbitrarily invasive requirements; 9 and 10 11 WHEREAS, provisions such as the one proposed have been successfully challenged on 12 constitutional grounds in other states and the same challenge would likely occur in North 13 Carolina, while in the interim local agencies will have already implemented procedures to adopt 14 the new rules, clients will have already been impacted and costs will already have been 15 incurred; and 16 17 WHEREAS, there are presently a significant number of requirements that limit the eligible 18 population for the Work First Program, including provisions that 1) the Program only serves 19 parents with children; 2) parents must comply with various regulations related to the education 20 and health of their children; and 3) parents must also participate in work related activities 21 (usually thirty hours per week); 22 23 NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of Commissioners, 24 support all families and children and believe that the changes being proposed to the Work First 25 Program through Senate Bill 594 will harm children and their parents, will be ineffective and 26 costly, will create another unfunded mandate for county governments, and will ultimately and 27 appropriately be reversed on constitutional grounds as has occurred in other states. The Board 28 encourages all members of the North Carolina General Assembly and Governor Pat McCrory to 29 oppose the changes detailed in Senate Bill 594 and any other bills requiring drug testing as a 30 condition of eligibility for public assistance programs. 31 32 This, the 18th day of June 2013. 33 34 A motion was made by Commissioner Rich, seconded by Commissioner Gordon to 35 approve a Resolution Opposing Potential Drug Testing for Public Assistance Recipients, which 36 is proposed in Senate Bill 594 before the 2013 North Carolina General Assembly and authorize 37 the Chair to sign. 38 39 VOTE: UNANIMOUS 40 41 Chair Jacobs said the rose sheet—Potential Orange County Fair- Summer Working Group 42 Change- also needs to be added to the consent agenda. 43 A motion was made by Commissioner Price, seconded by Commissioner porosin to add 44 the Potential Orange County Fair- Summer Working Group Change as item 5-x to the consent 45 agenda. 46 VOTE: Ayes, 4 (Commissioner porosin, Chair Jacobs, Commissioner Price, Commissioner 47 McKee; Nays, 3 (Commissioner Gordon, Commissioner Pelissier, Commissioner Rich) 48 49 5. Consent Aqenda 50 • Removal of Any Items from Consent Agenda 6 1 - Items 5-g, 5-p, 5-t, and 5-x were removed from the consent agenda. 2 3 Commissioner Gordon asked about the space study revision shown at their places. She 4 asked if approval of this consent agenda item would be for the revised abstract. 5 Chair Jacobs answered yes. 6 7 • Approval of Remaining Consent Agenda 8 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to 9 approve the remaining items on the consent agenda. 10 11 VOTE: UNANIMOUS 12 13 • Discussion and Approval of the Items Removed from the Consent Agenda 14 15 g_ Amendment Outline and Schedule for Upcominq Item —Town of 16 Hillsborouqh/Oranqe County Central Oranqe Coordinated Area Land Use Plan 17 The Board considered authorizing staff to proceed with steps for the development and 18 adoption of the Town of Hillsborough/Orange County Central Orange Coordinated Area Land 19 Use Plan, according to the schedule proposed in the Amendment Outline. 20 Commissioner Price asked that, when this is brought back in the fall, staff would include 21 any legislative decisions that may affect the plan. She feels it is important for residents to 22 understand that annexation will not be automatic. 23 Tom Altieri said this information will be brought back. He noted that Commissioner 24 Price is referring to House Bill 264, which relates to extra-territorial jurisdictions (ETJs). He is 25 not sure what the outcome of the legislation will be, but he is hopeful that ETJs will remain 26 intact. 27 Frank Clifton said the key issue is what the law will allow the County to do. 28 John Roberts said this bill did not survive crossover, and it is dead at this time. 29 Tom Altieri said the ETJ swap is not being initiated with the Board's authorization 30 tonight. This process will require a formal request from the town, and this has not been 31 received yet. 32 33 A motion was made by Commissioner Rich, seconded by Commissioner Gordon to 34 approve authorizing staff to proceed with steps for the development and adoption of the Town 35 of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan according to 36 the schedule proposed in the Amendment Outline. 37 38 VOTE: UNANIMOUS 39 40 p. Emerqency Debris Removal and Processinq Services Aqreement 41 The Board considered entering into an agreement between the County of Orange and 42 Phillips & Jordan, Inc. for the purpose of providing Emergency Debris Removal and Processing 43 Services and authorizing the Chair to sign. 44 Commissioner Price referred to the passage under basic services in attachment 1 and 45 said there is mention of a milestone date, followed by a mention in section 2 stating that this is 46 not applicable. She questioned if section 3 is applicable, or if this is a placeholder. 47 John Roberts said it is not applicable. 48 Commissioner porosin moved to delete this paragraph - 3aiii on page 5 of the agenda. 49 John Roberts said this is a template that attorneys can use, and the Board can vote to 50 delete this particular provision. He said it is not applicable either way. 7 1 Commissioner McKee clarified that the statement would nullify that section and the one 2 that follows; and he said that, if so, he has no problem with leaving it in. 3 Commissioner porosin withdrew his motion; but he said templates have pros and cons, 4 and this should be discussed at a later date. 5 A motion was made by Commissioner McKee, seconded by Commissioner Rich to 6 approve an agreement between the County of Orange and Phillips & Jordan, Inc. for the 7 purpose of providing Emergency Debris Removal and Processing Services and authorize the 8 Chair to sign. 9 10 VOTE: UNANIMOUS 11 12 t. Land Lease for Oranqe County Jail 13 The Board considered entering into a fifty year Land lease Agreement with the State of 14 North Carolina for an estimated 8.53 acre parcel located near the existing Orange Corrections 15 Facility at a rate of$1 per year for the purpose of the development and construction of a County 16 Jail facility; and authorizing the Chair to sign upon final approval of the County Attorney. 17 Commissioner Price asked if it is wise move forward on this lease, since John Roberts 18 has stated that there may be some uncertainty. 19 Frank Clifton said the staff has been working to acquire a lease for two years and the 20 intent is to have a vested interest in this property. 21 Commissioner Gordon asked John Roberts to speak to this. She thinks there is risk 22 involved. 23 John Roberts said the risk would come further down the road, after the construction 24 starts, not with the land lease. He suggested the Board seek further assurances from the state 25 about the current correctional facility on the site. 26 Commissioner Gordon said if the county is going forward with a proposal to build on that 27 land and this is pulled out from under them, it would be a problem. She said, once construction 28 is started, this is a considerable risk and she understands it is a trade-off. She said she is not 29 sure that the lease can be re-negotiated; however, looking at the highlighted provisions, she 30 does not feel that a non-government client would be advised to sign this. She thinks the deal is 31 good, but the risk is substantial. 32 Chair Jacobs clarified that the proposed timeline would essentially give the Board three 33 years to make a drop dead decision on this facility. 34 Commissioner Pelissier asked what the legal ramifications would be if the state were to 35 take this property at some point. 36 John Roberts said the County only has the authority given to them by the state. He 37 does not know the legal ramifications at this point. He said the Dorothea Dix property site may 38 affect this and give an idea of what the state can do with local leases. 39 A motion was made by Commissioner Rich, seconded by Commissioner McKee to enter 40 into a fifty year Land lease Agreement with the State of North Carolina for an estimated 8.53 41 acre parcel located near the existing Orange Corrections Facility at a rate of$1 per year for the 42 purpose of the development and construction of a County Jail facility; and authorize the Chair to 43 sign upon final approval of the County Attorney. 44 45 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Price) 46 47 5-x Potential Oranqe County Fair- Summer Workinq Group Charqe 48 The Board considered approving a charge to the joint Board/staff committee appointed 49 June 4 to examine the feasibility, process, scope and potential collaborators and stakeholders 50 for a locally-focused county fair. 8 1 Chair Jacobs said there was some difficulty in setting up a meeting with staff and Board 2 representatives, so this group did not meet until late on June 14th. He noted that this is why this 3 item just came to the Board this afternoon by email and is at their places this evening. 4 Commissioner Rich said she really has not had enough time to read and process it. 5 She said her biggest concern is the initial cost to the county, as outlined on the back page. She 6 is neutral about the idea, but she is concerned about the financial impact. 7 Commissioner Pelissier said she had similar concerns. She noted that most of the other 8 fairs in the state are run by non-profits, rather than counties; and all of these broke even. She 9 would not want to vote on a charge at this time without specific costs. 10 Commissioner Gordon said that this will not be immediately sustainable. She 11 referenced the statement in 2b regarding sustainability, and said this should be altered to state: 12 "... with a model that at least enables it to become self-sustained over time; However the 13 County Commissioners prefer a model that enables the County Fair to break even financially 14 from the outset." 15 She also referenced #7, and said this should be altered to further include: "... should, at 16 least, be a self-sustaining model, which will diminish the County's fiscal and oversight role over 17 time; However the County Commissioners prefer a model that enables the County Fair to break 18 even financially from the outset." 19 She said this should be added and this does not preclude the group coming back. 20 Chair Jacobs clarified that Commissioner Gordon is proposing changes to 2b and 7. 21 Commissioner porosin said he has no concerns with those suggestions, but he feels 22 that the Board needs to be realistic about this event. He said this will be an invaluable service 23 to the county, and the thought that it will not cost anything from the beginning is unrealistic. He 24 said the intent of the work group is not inconsistent with what Commissioner Gordon said, 25 regarding the idea of becoming self—sustaining. He said that if people want a fair without 26 spending county money, then people don't really want a county fair. 27 Commissioner Rich said she would like to have a better idea of the financial and staff 28 impacts before she would vote on this. 29 Commissioner McKee said that question and others should be answered by the work 30 group. He said that, without going forward with the work group, the Board probably won't get 31 answers. Commissioner McKee said he has his own questions, but he needs more details. He 32 said that the work group should start working. 33 A motion was made by Commissioner Price, seconded by Commissioner Rich to 34 approve a charge, with changes suggested by Commissioner Gordon, to the joint Board/staff 35 committee appointed June 4 to examine the feasibility, process, scope and potential 36 collaborators and stakeholders for a locally-focused county fair. 37 38 VOTE: UNANIMOUS 39 40 Chair Jacobs noted that the only reason this was added to the agenda was to avoid 41 losing the entire summer. 42 43 a. Minutes 44 The Board approved the minutes from April 16, 17, 23 and May 7, 28, 2013 as submitted by the 45 Clerk to the Board. 46 b. Motor Vehicle Property Tax Releases/Refunds 47 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 48 property tax values for fourteen (14) taxpayers with a total of fourteen (14) bills that will result in 49 a reduction of revenue in accordance with NCGS. 50 c. Property Tax Releases/Refunds 9 1 The Board adopted a resolution, which is incorporated by reference, to release property tax 2 values for three (3) taxpayers with a total of seven (7) bills that will result in a reduction of 3 revenue in accordance with North Carolina General Statute 105-381. 4 d. FY2013-14 Home and Community Care Block Grant for Older Adults Fundinq Plan 5 The Board approved the recommended Home and Community Care Block Grant (HCCBG) for 6 Older Adults Funding Plan for FY2013-14 in the amount of$506,206 and authorizing the Chair 7 to sign. 8 e. Fiscal Year 2012-13 Budqet Amendment#11 9 The Board approved budget amendments and an updated grant project ordinance for fiscal 10 year 2012-13. 11 f. Application for North Carolina Education Lottery Proceeds for Oranqe County 12 Schools (OCS) and Continqent Approval of Budqet Amendment #11-A Related to 13 OCS Capital Proiect Ordinances 14 The Board approved an application to the North Carolina Department of Public Instruction 15 (NCDPI) to release funds from the NC Education Lottery account related to FY 2012-13 debt 16 service payments for Orange County Schools, and to approve Budget Amendment#11-A 17 (amended School Capital Project Ordinances), contingent on the State's approval of the 18 application and authorize the Chair to sign. 19 h. Comprehensive Plan and Unified Development Ordinance Outline and Schedule for 20 Upcominq Item — UDO Text Amendment Related to Governmental Uses 21 The Board approved process components and a schedule for a Planning 22 Director initiated item for amendments to the Unified Development Ordinance (UDO) 23 recommended for hearing at the September 9, 2013 Quarterly Public Hearing. 24 i. Leqal Advertisement for Quarterly Public Hearinq — September 9, 2013 and Notice of 25 Possible Work Session at Conclusion of Hearinq 26 The Board considered the legal advertisement for items to be presented at the joint Board of 27 County Commissioners/Planning Board Quarterly Public Hearing scheduled for September 9, 28 2013, and provide notification of a possible work session item at the conclusion of the hearing. 29 i Approval of Updated Oranqe County Volunteer Fire Department Aqreements 30 The Board approved updated fire protection and emergency services agreements between 31 Orange County and each volunteer fire department (Caldwell, Cedar Grove, Efland, Eno, New 32 Hope, Orange Grove, Orange Rural, and White Cross) and authorized the Chair to sign. 33 k. Approval of Updated North Chatham Fire Protection Aqreement 34 The Board approved the updated fire protection and emergency services agreement between 35 Orange County and the North Chatham Fire Department and authorized the Chair to sign. 36 I. Oranqe Grove Station #3 Finance Aqreement 37 The Board authorized the Chair to sign the Orange Grove Finance Agreement document for 38 Station #3 (There is no financial involvement or obligation to the County by signing the 39 document.). 40 m. Clerk to the Board Employment Aqreement Amendment 41 The Board amended the Employment Agreement governing the terms and conditions of the 42 Clerk to the Board's employment and authorized the Chair to sign. 43 n. Elementary School #11 Dedication of Water and Sewer Easements to OWASA 44 The Board approved a dedication of water and sewer line easements built to service 45 Chapel Hill Carrboro City Schools (CHCCS) Elementary School #11 to the Orange Water and 46 Sewer Authority (OWASA) as presented, and upon final review by the County Attorney, 47 authorizes the Chair to sign on behalf of the Board. 48 0. Elementary School #11 Utilities Riqht of Way Aqreement with Duke Enerqy 49 The Board approved a Right of Way Agreement for the installation and maintenance of 50 electrical utilities built to service Chapel Hill Carrboro City Schools (CHCCS) Elementary School 10 1 #11 as presented, and upon final review by the County Attorney, authorizing the Chair to sign 2 on behalf of the Board. 3 � Chanqes in BOCC Reqular Meetinq Schedule for 2013 4 The Board approved one change in the County Commissioners' regular meeting calendar for 5 2013, changing the time of the joint meeting with City of Mebane, scheduled for Thursday 6 September 19, 2013 from 7:OOpm to 5:30pm (dinner meeting), at Link Government Services 7 Center, 200 South Cameron Street, Hillsborough. 8 r. Adoption of Final Resolution Authorizinq the Issuance of$10,000,000 Installment 9 Financinq for Various Capital Investment Plan Proiects and County Equipment 10 The Board adopted the final financing resolution authorizing the issuance of$10,000,000 11 Installment Financing for Various Capital Investment Plan Projects and County Equipment. 12 s. Approval of Lease Aqreement with Habitat for Humanity for a Roqers Road 13 Community Center 14 The Board approved a Lease Agreement with Habitat for Humanity for two tracts of land in the 15 Phoenix Place subdivision for the construction of a Rogers Road Community Center and 16 authorized the Manager to execute the agreement. 17 u. Space Study Framework 18 The Board approved a suggested framework for iterative, continuous space study analysis. 19 v. Whitted Permanent Meetinq Facility Site Work 20 The Board authorized staff to move forward with bid document preparation and bidding of the 21 exterior site work (grading, paving, site lighting, site landscaping) in order that this work can be 22 accomplished during the summer and fall months of 2013; and authorize the Manager to award 23 the bid and sign the construction contract for the exterior site work during the summer break. 24 w. Bid Award —Community Geothermal HVAC — Phase II 25 The Board awarded the bid and approved a construction agreement with Warren Hay 26 Mechanical, Hillsborough, NC, in the amount of$1,579,193 for the installation of a geothermal 27 HVAC system to replace the existing traditional HVAC systems at: 1) the Orange County Jail 28 (excluding equipment serving the 1997 addition, which has been replaced during the past five 29 years, but including adequate well capacity to serve this portion of the facility); 2) the District 30 Attorney Building; 3) the Court Street Annex building; and 4) the Historic Courthouse; authorize 31 the Chair to sign the agreement on behalf of the Board of County Commissioners ("BOCC"), 32 subject to final review by the County Attorney; and authorized the Manager to execute individual 33 change orders within the limit of the Manager's authority ($250,000) up to the extent of the 34 project budget. 35 36 6. Public Hearinqs 37 38 a. Proposed 2012-2013 Secondary Road (SR) Construction Proqram for Oranqe 39 County 40 The Board held a public hearing to receive public comment and discuss the North 41 Carolina Department of Transportation's Proposed 2012-2013 Secondary Roads Construction 42 Program for Orange County. 43 Chair Jacobs noted that Mike Mills and Chuck Edwards from DOT were present. 44 Mike Mills noted that Brad Wall, a division maintenance engineer, was also present. 45 Mike Mills said that the proposal in front of the Commissioners is a proposal for 46 $700,080 for the construction program. He said there is no more paving of unpaved roads. He 47 noted there are only 5 unpaved roads left, with only 3 houses on those roads; therefore the 48 money is being allocated to other areas of safety improvement in the County. 49 He referenced the second page and said the money is proposed as funding for two 50 existing paved secondary roads in Orange County, including New Sharon Church Road, which 11 1 needs to be re-surfaced and widened by 2 feet on each side. He said this road services about 2 1500 cars per day in the rural part of the county. He said the second road is Lebanon Road, 3 which extends from Stagecoach to Efland Cedar Grove Road and is proposed for re-surfacing 4 and widening. He said this road carries about 1800 cars per day. He said these two roads 5 account for $650,000 of the secondary roads construction program, which leaves the balance at 6 $50,080. This will be used to survey other roads and areas of need. 7 Commissioner porosin asked how widening the road helps and eases congestion. 8 Mike Mills said this is not done to ease congestion, but it helps with safety. Widening 9 prevents large tires, such as those on trucks and buses, from being close to the edge. He 10 noted that these rural roads are commonly used by bicyclists, and this increases safety for them 11 as well. 12 Commissioner Price asked about the other parts of New Sharon and if there are 2 foot 13 shoulders on these areas. 14 Mike Mills said the south side has already been done. 15 16 NO PUBLIC COMMENT 17 18 Chair Jacobs said Mike Mills and another DOT representative attended the Burlington 19 MPO, where the strategic mobility formula was presented. He said this included the process of 20 normalization with regard to funding. He suggested that after this is passed and the state 21 Board of Transportation votes in August, perhaps Mike Mills could come back to exchange the 22 forthcoming changes. 23 Commissioner McKee said he appreciates the widening on Highway 57, as well as the 24 area of New Sharon that has already been done. He said it is a great safety improvement. He 25 asked if there was any way that the future widening could be 3 feet instead of 2 feet. 26 Mike Mills said the unpaved roads have been reduced to almost nothing. He said that 27 there are some rural roads that still have safety issues, and the shoulders are intended to 28 address this. 29 Commissioner Gordon thanked the DOT for coming 30 31 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to close the 32 public hearing and adopt the North Carolina Department of Transportation's Proposed 2012- 33 2013 Secondary Roads Construction Program for Orange County. 34 35 VOTE: UNANIMOUS 36 37 b. Oranqe-Alamance Boundary Land Use and Zoninq Atlas Amendments - Public 38 Hearinq Closure and Action (No Additional Comments Accepted) 39 The Board received the Planning Board's recommendation, closed the public hearing, 40 and made a decision on Planning Director initiated map amendments to the 2030 41 Comprehensive Plan Future Land Use Map and the Zoning Atlas to extend land use categories 42 and zoning for parcels being located within Orange County's planning jurisdiction in conjunction 43 with the formalization of the Orange-Alamance county line. 44 Michael Harvey said this is with regard to the extension of existing zoning and land use 45 designations for eleven properties along Eliza Lane. He referenced the map in the 46 Commissioners' packets. He reviewed the map and the Planning Director's recommendations. 47 Commissioner porosin referred to the map and asked if the section outlined in yellow is 48 part of the existing parcels immediately to the right. 49 Michael Harvey said yes, and he distinguished the existing and previous county line. 50 12 1 A motion was made by Commissioner McKee, seconded by Commissioner Price to: 2 1. Receive the Planning Board's recommendation; 3 2. Close the public hearing; and 4 3. Decide accordingly and/or adopt: 5 a. Attachment 3— Resolution Amending the Comprehensive Plan Future Land Use Map 6 b. Attachment 4— Resolution Concerning Statement of Consistency of a Proposed 7 Zoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive Plan 8 c. Attachment 5 —An Ordinance Amending the Orange County Zoning Atlas authorizing 9 the zoning and land use map amendments as detailed herein. 10 11 VOTE: UNANIMOUS 12 13 Commissioner Price noted that for this public hearing, as well as another item, there is a 14 statement that people with physical disabilities who want to attend need to give 48 hours 15 notice. She said she would like to see something that sounds more inviting than this and she 16 hopes that if someone wants to attend within 24 hours, that the Board could accommodate 17 them. 18 Chair Jacobs suggested that the Clerk's office look into this. 19 20 7. Reqular Aqenda 21 22 a. Approval of Fiscal Year 2013-14 Budqet Ordinance, County Grant Proiects, 23 and County Fee Schedule 24 The Board considered approving the Fiscal Year 2013-14 Budget Ordinance, County 25 Grant Projects, and County Fee Schedule. 26 Chair Jacobs noted the white sheet at the Commissioners' places, which outlines some 27 changes to this item. 28 Clarence Grier reviewed the attachments as well as highlights from the following 29 ordinance: 30 31 Fiscal Year 2013-14 32 Budget Ordinance 33 Orange County, North Carolina 34 35 Be it ordained by the Board of Commissioners of Orange County 36 37 Section I. Budget Adoption 38 39 There is hereby adopted the following operating budget for Orange County for this fiscal year 40 beginning July 1, 2013 and ending June 30, 2014, the same being adopted by fund and activity, 41 within each fund, according to the following summary: 42 Current Interfund Fund Total Fund Balance Revenue Transfer Appropriated Appropriation _____ _________ _________ _________ _________ ____ ____�181,497,0g_ _________ _________ _ ____ _________ ________ ________ _______________ General Fund 1 $1,046,300 $5,190,118 $187,733,499 Emer�ency Telephone Fu_nd___ ___ ___$486,022 ________ ________$0 ____ ____$69,789 ________ $555,811 MMFire Districts Fund $4,712,415M � $OMmN� MM $OM M $4,712,415Mm 13 Section 8 (Housing) Fund $4,256,839 $97,194 $0 $4,354,033 __Community Development ____ ___ ___ _________ ________ ________ _________ _ ____ _________ ________ ________ _______________ Fund $585,599 $324,854 $0 $910,453 Efland Sewer Operatinq Fund___ _____ ___$213,000 _____$103,050 ____ _________ ____$0 ________ $316,050 MMRevaluation Fund MMM $0 $125,000 $66,444M $191,444Mm __Visitors Bureau Fund_ _________ ___ ____�1,234,727_ _________ ________$0________ ____,�20,000_ _______�1,254,727__ School Construction Impact Fees Fund $1,040,000 $0 $0 $1,040,000 Solid Waste/Landfill O erations Enter rise Fund $7,760,048 $0 $5,596,423 $13,356,471 Sportsplex Enterprise Fund $2,882,210 $376,450 $0 $3,258,660 Communit S a /Neuter Fund $58,500 $0 $18,100 $76,600 Article 46 Sales Tax Fund $2,639,000 $0 $0 $2,639,000 1 2 3 Section II. Appropriations 4 That for said fiscal year, there is hereby appropriated out the following: 5 _____ _________ _________ _________ _Function___ _________ _________ _________ ____ _ ______,Appropriation________ __General Fund__ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ _________ ________ __Governing andMManagement _________ _________ _________ _________ ____ _ _________ ________�15,981_,211__ __General Services________ _________ _________ _________ _________ _________ ____ _ _________ _________ �8,669,540__ __Community and Environment_________ _________ _________ _________ ____ _ _________ _________ �7,M103,245__ __.Human Services_________ _________ _________ _________ _________ _________ ____ _ _________ ________�31,459,113__ __.Public Safety_____ _________ _________ _________ _________ _________ _________ ____ _ _________ ________�21,445,378__ __Culture andMRecreation_________ _________ _________ _________ _________ ____ _ _________ _________ �2,495,gpg__ __.Education _________ _________ _________ _________ _________ _________ _________ ____ _ _________ ________�69,657,252__ __.Debt Service_____ _________ _________ _________ _________ _________ _________ ____ _ _________ ________�25,609,786__ __Transfers to Other Funds_____ _________ _________ _________ _________ ____ _ _________ _________ �5,312,066__ _____ _________ _________ _________ _________ _________ __Total General Fund_ ___ _________ ______$187,733,499 __.Emergency Telephone System Fund___ _________ _________ ____ _ _________ _________ _________ ________ __.Public Safety_____ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�555,811__ MMMMM MMMMMMMMM MMMTotalMEmergencyMTelephoneMSystem FundM ��M MMMMMMMMM MMMMMMMMM MM$555,811MM __Fire Districts____ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ _________ ________ __Cedar Grove_____ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�204,527__ MMGreater Chapel Hill Fire Service DistrictMM MMMMMMMMM MMMMMMMMM MMMM M MMMMMMMMM MMMMMMMMM MM$281,144MM __.DamascusM________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ ____,�82,329__ __.Efland_____ _________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�473,g61__ __.Eno_________ _________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�572,361__ __.LittleMRiver_________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�1M72,989__ __.New Hope_________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�537,516__ __OrangeMGrove___ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�454,g23__ __OrangeMRural____ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�937,032__ __SouthMOrange Fire Service District _________ _________ _________ ____ _ _________ _________ __,�509,684__ MMSouthern Triangle Fire Service DistrictMMMM MMMMMMMMM MMMMMMMMM MMMM M MMMMMMMMM MMMMMMMMM MM$164,905MM __WhiteMCross______ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�321,144__ _____ _________ _________ _________ _________ ___Total Fire Districts Fund_ ___ _________ _________ $4,712,415 14 Section 8 (Housing) Fund __.Human Services_________ _________ _________ _________ _________ _________ ____ _ _________ _________ �4,354,033__ _____ _________ _________ _________ _________ _________Total Section 8 Fund_ ___ _________ _________ $4,354,033 __Community Development Fund (Urgent Repair_______ ____ _ _________ _________ _________ ________ Program) __.Human Services_________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�132,725__ Total Community Development Fund(Urgent Repair _ ________ _ _ ___ ____ ___ _____Pro�ram�_ ___ _________ _________ __,$132,725 MMCommunity Development Fund (HOME Program) __.Human Services_________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�677,203__ _____ _________Total Community Development Fund(HOME_ ___ _________ _________ _________ ________ _ ________ _ _ ___ ____ ___ _____ ________Pro�ram�_ ___ _________ _________ __,$677,203 MMCommunity Development Fund (Homelessness Partnership Program) Human Services $100,525 MMMTotal Community Development FundM(HomelessnessM ��M MMMMMMMMM MMMMMMMMM MMMMMMMMM MMMMMMMM _____ _________ _________ _________ _________ _________ _________ _________Pro�ram�_ ___ _________ _________ __,$100,525 Total Community Development Fund Programs $910,453 __.Efland Sewer Operating Fund_____ _________ _________ _________ ____ _ _________ _________ _________ ________ __Community and Environment_________ _________ _________ _________ ____ _ _________ _________ __,�316,050__ _____ _________ _________ _____Total EflandMSewer Operating Fund_ ___ _________ _________ __,$316,050 __Revaluation Fund_____ _________ _________ _________ _________ _________ ____ _ _________ _________ _________ ________ __General Services________ _________ _________ _________ _________ _________ ____ _ _________ _________ __,�191,444__ _____ _________ _________ _________ _________ _____Total Revaluation Fund_ ___ _________ _________ __,$191,444 __VisitorsMBureau Fund_________ _________ _________ _________ _________ ____ _ _________ _________ _________ ________ __Community and Environment_________ _________ _________ _________ ____ _ _________ _________ �1,254,727__ _____ _________ _________ _________ _________Total Visitors Bureau Fund_ ___ _________ _________ $1,254,727 __School Construction Impact Fees________ _________ _________ ____ _ _________ _________ _________ ________ __Transfers to Other Funds_____ _________ _________ _________ _________ ____ _ _________ _________ �1,040,000__ MMMMM MMMMMMMM Tota/School Construction ImpactMFees FundM ��M MMMMMMMMM MMMMMMMMM $1,040,000 Solid Waste/Landfill Operations __Solid Waste/Landfill Operations_____ _________ _________ _________ ____ _ _________ ________�13,356,471__ MMMMM MMMMMMMMM MMMMMMMMM MTotal Solid Waste/Landfill OperationsM ��M MMMMMMMMM MMMMMMMM$13,356,471MM SportsPlex Enterprise Fund Culture and Recreation $3,258,660 Total Sportsplex Enterprise Fund $3,258,660 Community Spay/Neuter Fund Governing and Management $76,600 Total Community Spay/Neuter Fund $76,600 Article 46 Sales Tax Fund Governing and Management $2,639,000 Total Article 46 Sa/es Tax Fund $2,639,000 1 2 Section III. Revenues 3 The following fund revenues are estimated to be available during the fiscal year beginning July 4 1, 2013 and ending June 30, 2014, to meet the foregoing appropriations: 15 _______ _________ _________ _________ _________ ________ _________ _________ _________ _________ ______ ___ _________ ________ _________ Function Appropriation __General Fund__ _________ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ ________ Propert�Tax_____ _________ _________ _________ _________ _________ _________ _________ ______ ___ ______�139,733,522__ MMSales Tax $17,190,148 __.LicensesM& Permits____ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�313,000__ Intergovernmental _____ _________ _________ _________ _________ _________ _________ ____ _ ________�13,703,850 Char�es for_Services_ _________ _________ _________ _________ _________ _________ ____ _ _________ �9,654,843 Investment Earnm�s__ _________ _________ _________ _________ _________ _________ ____ _ _________ _ $105,000 MMMiscellaneous M$796 718MM __Transfers from OtherMFunds_ _________ _________ _________ _________ _________ ____ _ _________ �1,046,300__ __Ap�ropnated_Fund Balance_ _________ _________ __ ____ __ ___ _ _____ $5,190,118 Total General Fund $187,733,499MM __.Emergency Telephone System Fund___ _________ _________ _________ ____ _ _________ _________ ________ __Charges for Services_ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�486,022__ __Ap�ropriated Fund Balance_ _________ _ ____ ____ ____ ___ _ _________ _ $69,789 ____ ___Total_Emer�enc�r Telephone_S�rstem Fund _ _________ __$555,811 MMFire Districts M MMM Propert�Tax_____ _________ _________ _________ _________ _________ _________ _________ ____ _ _________ �4,711,761 Investment Earnm�s__ _________ _________ _________ _________ _________ _________ ____ _ _________ _________$654 __Ap�ropriated_Fund Balance_ _________ _ __ _ _ ___ __ _ _________ ��_ MMTotal Fire Districts Fund $4,712,415 __Section 8 (Housing) Fund__ _________ _________ _________ _________ _________ ____ _ _________ _________ ________ Intergovernmental __ _________ _________ _________ _________ _________ _________ ____ _ _________ �4,256,839 MMFrom General FundMM M $97 1M94MM _____ _________ _________ _________ _________ _________ _________Total Section 8 Fund_ ___ _________ $4,354,033__ MMCommunity Development Fund (Urgent Repair Program)MMMMM M MMMMMMMMM MMMMMMMMM MMMMMMMM __.From General Fund____ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�132,725__ MMMMM MMMMM Total Community Development Fund(Urgent RepairM ��M MMMMMMMMM MMMMMMMMM MMMMMMMM _ ________ _ _ ___ ____ ___ ____ ___ Pro�ram�_ ___ _________ __,$132,725 MMCommunity Development Fund (HOME Program)MM M Intergovernmental __ _________ _________ _________ _________ _________ _________ ____ _ _________ __�621,473 MMFrom General FundMM MM$55,730MM MMMMM MTotal Community Development Fund(HOMEMProgram)M N�M MMMMMMMMM MM$677,203MM MMCommunity Development FundM(Home/essnessMMMMM MMMMMMMMM MMMM M MMMMMMMMM MMMMMMMMM MMMMMMMM Partnership Program) __Intergovernmental______ _________ _________ _________ _________ _________ _________ ____ _ _________ ____,�61M,320__ __.From General Fund____ _________ _________ _________ _________ _________ _________ ____ _ _________ ____,�39,205__ MMMMM MMMMTotal Community Development FundM(HomelessnessM ��M MMMMMMMMM MMMMMMMMM MMMMMMMM Partnership Program) $100,525 MMMMM MMMMMMMMM MMMTotal Community Development FundMProgramsM N�M MMMMMMMMM MM$910,453 __.Efland Sewer Operating Fund_____ _________ _________ _________ _________ ____ _ _________ _________ ________ __Charges for Services_ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�213,000__ __.From General Fund____ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�103,050__ _____ _________ _________ _________ ____Total Efland Sewer Operating Fund_ ___ _________ __,$316,050 1 _______ _________ _________ _________ _________ _________ _________ _________ _________ _________ ______ ___ _________ _________ _________ __Revaluation Fund_____ _________ _________ _________ _________ _________ _________ ____ _ _________ _________ ________ __.From General Fund____ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�125,000__ __Appropriated Fund Balance_ _________ _________ _________ _________ _________ ____ _ _________ ____,�66,444__ 16 Total Revaluation Fund $191,444 __VisitorsMBureau Fund_________ _________ _________ _________ _________ _________ ____ _ _________ _________ ________ Occupancy Tax _________ _________ _________ _________ _________ _________ _________ ____ _ _________ �1,028,000 MMSales & Fees $501MM Intergovernmental______ _________ _________ _________ _________ _________ _________ ____ _ _________ __�?05,726 Investment Earnm�s__ _________ _________ _________ _________ _________ _________ ____ _ _________ ___ $500 __Ap�ropnated_Fund Balance_ ______ __ ___ ___ ____ __ _ _________ $20,000 MMTotal Visitors Bureau Fund $1,254,727 __School Construction Impact FeesMFund_________ _________ _________ ____ _ _________ _________ ________ __Impact Fees______ __ __ _____ ______ __ __ ____ ___ ___ _ _________ �1,040,000__ Total School Construct�on Impact Fees Fund _ _________ $1,040,000 MMSolid Waste/Landfill Operations MM __Sales & Fees____ _________ _________ _________ _________ _________ _________ _________ ____ _ _________ �5,377,347__ __Intergovernmental______ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�197,000__ Miscellaneous $187,705 __.LicensesM& Permits____ _________ _________ _________ _________ _________ _________ ____ _ _________ __,�103,000__ __Interest on Investments________ _________ _________ _________ _________ _________ ____ _ _________ ____,�25,500__ General Fund Contnbution_for Sanitation Operations__ _________ ____ _ ________ $1,869,496 __Ap�ropriated_Reserves __ ___ ____ ______ ____ _ _______ $5,596,423 Total Solid Waste/Landfill O erations M$13,356,471MM Sportsplex Enterprise Fund Char es for Services $2,882,210 From General Fund $376,450 Total S orts lex Enter rise Fund $3,258,660 Communit S a /Neuter Fund Animal Tax $31,000 Inter overnmental $25,000 Miscellaneous $2,500 A ro riated Fund Balance $18,100 Total Communit S a /Neuter Fund $76,600 Article 46 Sa/es Tax Fund Sales Tax Proceeds $2,639,000 Total Article 46 Sa/es Tax Fund $2,639,000 1 2 Section IV. Tax Rate Levy 3 There is hereby levied for the fiscal year 2013-14 a general county-wide tax rate of 85.8 cents 4 per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district 5 tax rates are levied as follows: 6 Cedar Grove 7.36 Greater Cha el Hill Fire Service District 15.00 Damascus 8.80 Efland 7.00 Eno 7.99 Little River 4.06 New Hope 9.45 17 Orange Grove 6.00 Orange Rural 7.36 South Orange Fire Service District 10.00 Southern Trian le Fire Service District 8.80 White Cross 8.80 Chapel Hill-Carrboro School District 20.84 1 2 Section V. General Fund Appropriations for Local School Districts 3 The following FY 2013-14 General Fund Appropriations for Chapel Hill-Carrboro 4 City Schools and Orange County Schools are approved: 5 6 a) Current Expense appropriation for local school districts totals $65,079,252, and equates 7 to a per pupil allocation of$3,269. 8 1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is 9 $40,019,098. 10 2) The Current Expense appropriation to the Orange County Schools is 11 $25,060,154. 12 b) Recurring Capital appropriation for local school districts totals $3,000,000 13 1) The Recurring Capital appropriation to the Chapel Hill-Carrboro City Schools 14 totals $1,845,000. 15 2) The Recurring Capital appropriation to the Orange County Schools totals 16 $1,155,000. 17 c) Long-Range (Pay-As-You-Go) Capital appropriation for local school districts totals 18 $3,724,849 19 1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill- 20 Carrboro City Schools totals $2,290,782. 21 2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County 22 Schools totals $ 1,434,067. 23 d) School Related Debt Service for local school districts totals $16,632,550. 24 e) Fair Funding appropriation for local school districts totals $988,000. This appropriation is 25 to be split 50/50 between Chapel Hill-Carrboro City Schools and Orange County 26 Schools. 27 f) Additional County funding for local school districts totals $1,921,503 28 29 1) School Health Nurses - Total appropriation of $683,706 with $451,651 allocated 30 for Chapel Hill-Carrboro City Schools and $232,055 allocated for Orange County 31 Schools 32 2) School Social Workers - Total appropriation of $692,283 allocated in the 33 Department of Social Services to provide School Social Workers to Orange 34 County Schools 35 3) School Resource Officers - Total appropriation of$545,514 allocated in the 36 Sheriff's Department to provide School Resource Officers to Orange County 37 Schools 38 39 40 Section VI. Schedule B License 41 42 In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North Carolina 43 State Statutes, and any other section of the General Statutes so permitting, there are hereby 18 1 levied privilege license taxes in the maximum amount permitted on businesses, trades, 2 occupations or professions which the County is entitled to tax. 3 4 Section VII. Animal Licenses 5 6 A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un- 7 sterilized dogs and a license for un-sterilized cats is $30 per animal. 8 9 Section VIII. Board of Commissioners' Compensation 10 11 The Board of County Commissioners authorizes that: 12 • Salaries of County Commissioners will be adjusted by any cost of living increase, any in- 13 range salary increase and/or any other general increase granted to permanent County 14 employees. For fiscal year 2013-14, the approved budget includes a 2% cost of living 15 increase, effective July 1, 2013. 16 • Annual compensation for County Commissioners will include the County contribution for 17 health insurance, dental insurance and life insurance that is provided for permanent 18 County employees, provided the Commissioners are eligible for this coverage under the 19 insurance contracts and other contracts affecting these benefits. 20 • County Commissioners' compensation includes eligibility to continue to participate in the 21 County health insurance at term end as provided below: 22 23 o If the County Commissioner has served less than two full terms in office (less 24 than eight years), the Commissioner may participate by paying the full cost of 25 such coverage. (If the Commissioner is age 65 or older, Medicare becomes the 26 primary insurer and group health insurance ends.) 27 28 o If the County Commissioner has served two or more full terms in office (eight 29 years or more), the County makes the same contribution for health insurance 30 coverage that it makes for an employee who retires from Orange County after 20 31 years of consecutive County service as a permanent employee. If the 32 Commissioner is age 65 or older, Medicare becomes the primary insurer and 33 group health insurance ends. The County makes the same contribution for 34 Medicare Supplement coverage that it makes for a retired County employee with 35 20 years of service. 36 37 o Annual compensation for Commissioners will include a County contribution for 38 each Commissioner to the Deferred Compensation (457) Supplemental 39 Retirement Plan that is the same as the County contribution for non-law 40 enforcement County employees in the State 401 (k) plan. For fiscal year 2013- 41 14, the approved budget continues the County contribution of $27.50 per pay 42 period and implements a County match of up to $46.15 per pay period. 43 44 Section IX. Budget Control 45 46 General Statutes of the State of North Carolina provide for budgetary control measures 47 to exist between a county and public school system. The statute provides: 48 49 Per General Statute 115C-429: 19 1 (c) The Board of County Commissioners shall have full authority to call for, and the Board of 2 Education shall have the duty to make available to the Board of County Commissioners, upon 3 request, all books, records, audit reports, and other information bearing on the financial 4 operation of the local school administrative unit. 5 6 7 The Board of Commissioners hereby directs the following measures for budget administration 8 and review: 9 That upon adoption, each Board of Education will supply to the Board of County 10 Commissioners a detailed report of the budget showing all appropriations by function and 11 purpose, specifically to include funding increases and new program funding. The Board of 12 Education will provide to the Board of County Commissioners a copy of the annual audit, 13 monthly financial reports, copies of all budget amendments showing disbursements and use of 14 local moneys granted to the Board of Education by the Board of Commissioners. 15 16 Section X. Internal Service Fund - Dental Insurance Fund 17 18 The Dental Insurance Fund accounts for the receipt of premium payments from the County for 19 its employees and from the employees for their dependents, and the payment of employee 20 claims and administration expenses. Projected receipts from the County and employees for 21 2013-14 are $441,702 and projected expense for claims and administration for 2013-14 is 22 $441,702. 23 24 Section XI. Internal Service Fund -Vehicle Replacement Fund 25 The Vehicle Replacement Fund will centralize and account for the purchase and replacement of 26 county vehicles purchased with revenues and funding provided by the Governmental Funds of 27 Orange County (General Fund, Special Revenue and Grants Funds). Projected sources of 28 revenues and funds will be $899,416 of short-term installment financing and internal reserves, 29 and the projected expenses for the purchase of vehicles will be $899,416. 30 31 Section XII. Agency Funds 32 33 These funds account for assets held by the County as an agent for other government units, and 34 by State Statutes, these funds are not subject to appropriation by the Board of County 35 Commissioners, and not included in this ordinance. 36 37 Section XIII. Encumbrances 38 39 Operating funds encumbered by the County as of June 30, 2013 are hereby re-appropriated to 40 this budget. 41 42 Section XIV. Capital Projects & Grants Fund 43 44 The County Capital Improvements Fund, Schools Capital Improvements Fund, Community 45 Development Fund and the Grant Projects Fund are hereby authorized. Appropriations made 46 for the specific projects or grants in these funds are hereby appropriated until the project or 47 grant is complete. 48 49 The County Capital Projects Fund FY 2013-14 budget, with anticipated fund revenues of 50 $6,036,242, and project expenditures of$6,036,242, is hereby adopted in accordance with G.S. 20 1 159 by Orange County for the fiscal year beginning July 1, 2013, and ending June 30, 2014, 2 and the same is adopted by project. 3 4 The School Capital Projects Fund FY 2013-14 budget, with anticipated fund revenues of 5 $7,653,599, and project expenditures of$7,653,599, is hereby adopted in accordance with G.S. 6 159 by Orange County for the fiscal year beginning July 1, 2013, and ending June 30, 2014, 7 and the same is adopted by project. 8 9 The County Grant Projects Fund FY 2013-14 budget, with anticipated fund revenues of 10 $615,596, and project expenditures of $615,596 (see Attachment 3), is hereby adopted in 11 accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2013, and 12 ending June 30, 2014, and the same is adopted by project. 13 14 Any capital project or grant budget previously adopted, the balance of any anticipated, but not 15 yet received, revenues and any unexpended appropriations remaining on June 30, 2013, shall 16 be reauthorized in the 2013-14 budget. 17 18 Section XV. Contractual Obligations 19 20 The County Manager is hereby authorized to execute contractual documents under the 21 following conditions: 22 23 1. The Manager may execute contracts for construction or repair projects that do not 24 require formal competitive bid procedures, and which are within budgeted departmental 25 appropriations, for which the amount to be expended does not exceed $250,000. 26 2. The Manager may execute contracts for general and/or professional services which are 27 within budgeted departmental appropriations, for purchases of apparatus supplies and 28 materials or equipment which are within the budgeted departmental appropriations, and 29 for leases of personal property for a duration of one year or less and within budgeted 30 departmental appropriations for which the amount to be expended does not exceed 31 $89,999. 32 33 3. Contracts executed by the Manager shall be pre-audited by the Financial Services 34 Director and reviewed by the County Attorney to ensure compliance in form and 35 sufficiency with North Carolina law. 36 37 4. The Manager may sign intergovernmental service agreements in amounts under 38 $90,000. 39 40 5. The Manager may sign intergovernmental grant agreements regardless of amount as 41 long as no expenditure of County matching funds, not previously budgeted and 42 approved by the Board, is required. Subsequent budget amendments will be brought to 43 the Board of County Commissioners for revenue generating grant agreements not 44 requiring County matching funds as required for reporting and auditing purposes. 45 46 6. The Manager and Attorney will provide a quarterly report to the County Commissioners 47 showing the type and amount of each intergovernmental agreement signed by the 48 Manager. 49 50 This budget being duly adopted this 18th day of June 2013. 21 1 2 Frank Clifton said he appreciates the Board's indulgence throughout this process. He 3 said that the number one budget priority was education. He expressed appreciation to the 4 Board for their support of public safety. 5 Chair Jacobs, on behalf of the board, thanked the manager, Clarence Grier and the 6 budget staff for all of their hard work during this budget process. He said there is a tradition of 7 commitment to education in Orange County. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to 10 approve the Fiscal Year 2013-14 Budget Ordinance, County Grant Projects, and County Fee 11 Schedule, all three being consistent with the parameters outlined in the Board's "Resolution of 12 Intent to Adopt the FY2013-14 Orange County Budget". 13 14 VOTE: UNANIMOUS 15 16 b. Approval of the FY2013-18 Oranqe County Capital Investment Plan and Adoption 17 of the County Capital Proiects of$6,036,242 and the School Capital Proiects of 18 $7,653,599 for FY2013-14 19 The Board considered approving the FY2013-18 Orange County Capital Investment 20 Plan, and adopting the County Capital Projects of$6,036,242 and the School Capital Projects 21 of$7,653,599 for FY2013-14. 22 Clarence Grier said this plan includes county, school, propriety (Sportsplex, Solid 23 Waste, Water and Sewer) and special projects. He noted that attachment 1 is a summary of all 24 of the county and school related capital projects. He noted that attachment 2 lists all county 25 projects, and attachment 3 lists the school capital projects. He reviewed the manager's 26 recommendation. 27 28 A motion was made by Commissioner Gordon, seconded by Commissioner Price to approve 29 the FY2013-18 Orange County Capital Investment Plan, and adopt the County Capital Projects 30 of$6,036,242 and the School Capital Projects of$7,653,599 for FY2013-14. 31 VOTE: UNANIMOUS 32 33 c. Amendments to Article IV-Employee Benefits, Section 28 of the Oranqe 34 County Personnel Ordinance 35 The Board considered approving amendments to Article IV-Employee Benefits, Section 36 28 of the Orange County Personnel Ordinance. 37 Nicole Clark, Orange County Human Resources Director, reviewed the following 38 background information from the abstract: 39 At the June 11, 2013 Board work session, staff presented Pay and Benefits 40 Recommendations for Employees and Retirees. The FY 2013-2014 Manager's Recommended 41 Budget includes an additional County match of up to $1,200 for supplemental retirement 42 benefits for eligible employees. There was some discussion regarding whether or not the 43 County match should be a flat dollar amount or a percentage of employee salary with a dollar 44 cap. Only McDowell and Orange counties contribute a flat dollar amount towards employees' 45 supplemental retirement benefits. Article IV, Section 28 of the Orange County Personnel 46 Ordinance currently states that the County provides $27.50 per pay period to an authorized 457 47 or 401(k) Plan. The proposed Ordinance amendments state that the County will provide a 48 contribution to an authorized 457 or 401(k) supplemental retirement plan as the Board of 49 County Commissioners provides in the annual budget, and change any reference to the 50 Personnel Department to the Human Resources Department 22 1 Frank Clifton expressed appreciation, on behalf of the County employees, to the Board 2 for these actions. 3 Chair Jacobs said he hoped the same would be done for the health insurance. 4 Commissioner Gordon asked if the county attorney wanted to modify how this should be 5 stated. 6 John Roberts said since the Board codified ordinances last year, general ordinances 7 should be referred to by article, chapter and title, rather than by a title. He said the attorney's 8 office would work to fix these abstracts to avoid confusion in the future. 9 Commissioner Gordon noted that there is no section 28, and she expressed concern 10 that there is not a glitch. 11 John Roberts said this was a typo in the abstract, and this is an amendment to article 4, 12 chapter 28, personnel. 13 A motion was made by Commissioner porosin, seconded by Commissioner McKee with 14 changes to approve amendments to Article IV-Employee Benefits, Article 4, Chapter 28 of the 15 Orange County Personnel Ordinance which states that the County will provide a contribution to 16 an authorized 457 or 401(k) supplemental retirement plan as the Board of County 17 Commissioners provided in the annual budget, with an additional County match of up to $1,200 18 for supplemental retirement benefits for eligible employees. 19 20 VOTE: UNANIMOUS 21 22 a. Refund Requests for Inaccurate Square Footaqe Calculation 23 The Board considered five taxpayers' refund requests due to inaccurate square footage. 24 Commissioner Rich asked to be recused from this item. 25 A motion was made by Commissioner porosin, seconded by Commissioner Price 26 recuse Commissioner Rich from discussion and voting on this item. 27 28 VOTE: UNANIMOUS 29 30 Dwane Brinson said there are 5 requests for refunds due to inaccurate square footage. 31 He said these requests are not typical, and under no circumstances does the tax administrator 32 have the authority to approve or release a refund. This must come from the Board. He said 33 these requests have resulted from a variety of issues, such as recent house purchases and use 34 of technology resources. He referenced a school of government advisor, who feels that these 35 refund requests do not qualify because they fail to meet any of the three requirements 36 (1.Clerical error; 2. Illegal tax; or 3. Tax levied for illegal purpose). This opinion is shared by 37 another advisor. He said that the department understands the taxpayers' dilemma, but there is 38 no legal opinion to support approval. For this reason, the Board must decide on the denial or 39 approval of the refund request. He noted that most requests are situations such as an 40 appraiser taxing a finished bonus room or basement that was actually unfinished. He noted that 41 these taxes have now been corrected moving forward, but the taxpayers are requesting refund 42 for bills paid in the past. 43 John Roberts said there are only three legitimate reasons that a county can refund, and 44 this comes closest to clerical error. He cited previous cases that have limited a clerical error to 45 something that is readily apparent on a document, such as a typographical error or 46 transposition of numbers. He said that the statutes also provide that if a refund is issued 47 contrary to the law, each Commissioner who votes in favor could be held personally liable by 48 any resident of the county who decides to sue over that issue. He agrees that this is not a fair 49 situation, but he feels that the Board is legally limited. He said that a refund can be issued and 50 if the Board is sued, a judge can examine it. 23 1 Commissioner McKee asked if there are any other avenues. 2 Dwane Brinson said taxpayers have the right to appeal each year, but it is not 3 retroactive. 4 John Roberts said one potential avenue is for taxpayers to speak to their legislators. He 5 said the General Assembly can change this law and add a condition allowing the Board of 6 County Commissioners to issue refunds. 7 Chair Jacobs referred to page 20 in the agenda abstract and said the idea of addressing 8 this issue has been part of their legislative agenda for years. 9 Commissioner Pelissier noted that there is going to be a verification of records for the 10 next revaluation. She asked if there is a way to add a note to the tax bills that will encourage 11 taxpayers to review their bills for accuracy. 12 Dwane Brinson answered yes. He said there is an app that can be downloaded to help 13 locate all building information. He said this will help the County have a transparent revaluation 14 process. He said that there will also be door hangers placed at residences when revaluations 15 are done, and owners are not at home. The evaluation findings will be listed and owners will be 16 encouraged to notify the County of necessary corrections. 17 Commissioner Pelissier asked if there will be a new method implemented to avoid errors 18 with new construction. 19 Dwane Brinson staff is aware of the procedures, and this is not a problem with new 20 construction. He said past practices are being remedied to the best of their ability. 21 Commissioner porosin said one goal is that taxpayers concerns can be challenged 22 through the equalization and review process. He noted that several of the letters stated that the 23 taxed square footage does not show up on the bill. He asked if this can be changed to give 24 proper notice. 25 Dwane Brinson said it is not possible to put it on tax bills, but reference can be given to 26 encourage taxpayers to review their property with the new ARIES application and the county 27 website. 28 Frank Clifton noted that taxes are often paid by banks rather than homeowners and he 29 said that one idea is to work with banks and put out public notices to inform people of the new 30 process and encourage them to check the links 31 Commissioner porosin asked if an insert can be included in the bill to taxpayers with this 32 information. He said that the county should provide these refunds to these individuals. He said 33 taxing people for property they don't own is illegal and there is recourse for these residents to 34 file a lawsuit under the statute. 35 Commissioner Gordon said the information states refunds cannot be given for a 36 judgment error. She understands that it does not seem fair, but it is a difficult situation because 37 the Board of County Commissioners can be personally liable if a refund is given. She feels that 38 efforts should be renewed to change the law. 39 Commissioner McKee agreed with Commissioner Gordon, and he feels the Board 40 should lobby their legislators. He said he is not inclined to disagree with the School of 41 Government or John Roberts' advice. 42 Commissioner Pelissier said the situation is very unfortunate. She said that she recently 43 looked up her taxes and discovered she has also been paying taxes on an extra 500 square 44 feet. She said she is not inclined to go against legal counsel on this issue. She feels that 45 efforts need to be made to educate residents on the need to evaluate their property. 46 Dwane Brinson said it is a much more fluid process with community involvement and 47 feedback. 48 Chair Jacobs noted that, prior to cost cuts, there were inserts in the tax bills. He 49 suggested that the County go back to having an insert in tax bills telling residents how to look 50 up the square footage measurements. 24 1 Chair Jacobs said this issue comes up periodically to the Board of County 2 Commissioners. He said that while he personally feels a law may be unjust, he cannot ignore 3 legal counsel. He asked if every tax bill could include a juxtaposition of words that would qualify 4 under one of the three criteria to allow for refunds in the event of a legitimate error. 5 John Roberts said if this kind of intentional action were taken, then the personal liability 6 could still come into play. 7 Frank Clifton said that if a tax payer has an error it is corrected going forward; however, 8 there are no retroactive refunds. 9 Commissioner porosin said he does think that the law is what a judge says it is, though 10 there can be disagreements about what it stands for. He does not think the Board is as strictly 11 bound as has been stated and he feels he could defend this. 12 Commissioner porosin made a motion to offer refunds as requested by taxpayers, as 13 listed and refund the $20,056.54. 14 There was no second. 15 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to 16 deny requests for refunds. 17 18 VOTE: 5-1 (Commissioner porosin) Commissioner Rich recused. 19 20 e. Contract Award for Professional Desiqn Services for the Northern Human 21 Services Center Community Center Proiect 22 Jeff Thompson said this is an item that was deferred from June 4th and is coming back 23 with more background information, as well as a charge for the work group. 24 He said that the primary background information is contained in attachment 2, and a 25 charge has been drafted for the informal resident design advisory group, regarding space 26 programming and design activities. This includes information from the 2012 public input 27 process regarding features within the 10,000 square foot space. 28 He reviewed the background section of the abstract and noted several key points: 29 1. In November 2012 the Board of County Commissioners authorized moving forward 30 with a 10,000 square foot adaptive re-use community center with a deconstructed 31 classroom wing set, that honors the cultural and historical significance of the property. 32 2. In a board work session held on April 16, 2013, the Board requested the designer 33 provide a conceptual feasibility analysis for the classroom wings not being de- 34 constructed. This is outlined in attachment 6. 35 3. Any approval of an alternate agreement for services may establish an expectation for 36 the facility that could result in additional cost for the facility that would need to be 37 appropriated outside of the current capital investment plan. 38 4. The current septic system can sustain 2,400 gallons per day which will accommodate 39 a community center size of 10,000 square feet. 40 5. The proposed informal advisory group has achieved a reasonable consensus on 41 community center programming and construction methods. 42 43 He reminded the Board of the dates of the two community input meetings and 44 referenced pages 3 and 4 of the packet, which outline the public input from the March 1 gtn 45 session. He noted the consensus on the uses of the facility in a 10,000 square foot footprint. 46 He said there were mixed feelings regarding re-use versus "memorialization". 47 He referred Commissioners to the list on page 4 regarding the areas of strong opinion 48 and the consensus items regarding use. 25 1 He reviewed the information on page 5 of the abstract, regarding the meeting on 2 September 25th. He noted that this group overwhelming sided with an adaptive re-use method 3 of construction. 4 He reviewed the blueprints on page 6. He said that the volunteer group can take the 5 charge and begin meeting this week. He introduced John Thomas, with MBAJ Architects. 6 Chair Jacobs pointed out the decision points summarized on page 10 and said there 7 was a choice to be made between #4 and #5: 8 9 #4 Consider awarding a contract for professional services to MBAJ Architects, Inc. from 10 Raleigh, NC, for the not-to-exceed amount of$167,500 for the architectural and 11 engineering design work associated with the Northern Human Services Center 12 Community Center project; or 13 14 #5 Consider awarding a contract for professional services to MBAJ Architects, Inc. from 15 Raleigh, NC, for the not-to-exceed amount of$208,300 for the architectural and 16 engineering design work associated with the Northern Human Services Center 17 Community Center project, including the programming and schematic design of 18 potential alternatives that would preserve the classroom wings for either deferred use 19 ("mothball"), open air "pavilion" use, or full use. 20 21 Commissioner Gordon referred to the page for the charge. She said she had asked for 22 the cost of the three alternates, and she reviewed these. She suggested that perhaps there is 23 a middle ground between the contract in #4 and #5, since #5 has three options, and not all of 24 them have to be selected. She noted that the interest began as interest in deferred use. 25 Chair Jacob said the charge is on page 200. 26 Frank Clifton said the contracts are created with a "not to exceed" cost, so if fewer options are 27 selected, the rates may be less than that amount. He also noted that these are hourly rates. 28 Commissioner Pelissier referred to the option of a pavilion and asked if there was a risk 29 that there may be things under the building that would be problematic. 30 Jeff Thompson said there is rain runoff that is overflowing and impacting the existing 31 septic system. He said that the advantage to bringing the wings down is that this problem will 32 be corrected. 33 Chair Jacobs said this was discussed at agenda review, and the Commissioners had 34 authorized a certain level of funding. He said was a limit to the septic system. He said the 35 Board did not want to put staff in an awkward position and it was advised that a Commissioner 36 attend to express to the public the support, alternatives and constraints outlined by the Board. 37 Commissioner Price asked if other Board of County Commissioners can attend the 38 meeting and Chair Jacobs said this is not a problem. 39 40 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to: 41 42 1) Approve the suggested Charge for the Northern Human Services Center Resident Design 43 Advisory Work Group; 44 45 2) Award a contract for professional services to MBAJ Architects, Inc. from Raleigh, NC, for the 46 not-to-exceed amount of$173,500 for the architectural and engineering design work associated 47 with the Northern Human Services Center Community Center project, including the 48 programming and schematic design of one potential alternate that would preserve the 49 classroom wings for deferred use ("mothball"); and 50 26 1 3) Authorize the Manager to sign the chosen contract on behalf of the Board. 2 3 VOTE: UNANIMOUS 4 5 6 f. Oranqe Countv Bus and Rail Investment Plan Implementation — Staff Follow-Up 7 The Board considered and compiled comments on the materials presented by Triangle 8 Transit at the May 21, 2013 meeting and identified Orange Public Transit (OPT) bus route 9 service options for public outreach and input. 10 Craig Benedict noted the presence of David King and John Talmadge from Triangle 11 Transit 12 Craig Benedict said the purpose is a follow up to the May 21 Board of County 13 Commissioners meeting. He reviewed information contained in the following PowerPoint slides: 14 15 Orange County Bus and Rail 16 Investment Plan Implementation 17 June 18, 2013 18 19 Purpose 20 1. Transmit formal BOCC comments (Attachment 4); 21 2. Transmit Manager and Planning staff comments (Attachment 5); 22 3. OPT service options (Attachment 6, Part A); 23 4. Present service options for TT's Mebane-Efland-Hillsborough-Durham regional express 24 route (Attachment 6, Part B); and 25 5. Pursue a modified public outreach schedule (Attachment 7). 26 27 BOCC Comments 28 A) Financial Summary/Budget Format 29 B) 1. Mebane to Durham Route — US 70 30 Rural Access 31 2. LRT Project Development Cost Range $30-$36M, C-2 Preferred 32 3. Route Information — Shared 33 4. Hillsborough Train Station 34 5. Transit Planning and Land Use (Especially Mid County East-West Route) 35 36 Manager/Staff Comments 37 • Any overages in revenue are banked for "new" allocation decisions by 3-party Inter-local 38 Agreement. 39 • OCBRIP tracking 40 • Early budgeting to align with FY decisions 41 • Attachment 5 42 43 OPT Apportionment FY 13-14 44 • Totals Revenues for Bus $736,250 45 • OPT 12% Share $88,350 46 • Maximum Existing Services Funds $47,280 47 (BOCC Feedback) 48 • Minimum New/Enhanced 49 Services Funds $41,070 50 27 1 Options for New/Enhanced and Existing OPT Bus Service 2 • New Northern Human Services Center Peak Hour Shuttle 3 • 420 Mid-day from Hillsborough to Chapel Hill 4 - Existing services 5 - Enhanced services 6 • `New' Hillsborough Circulator 7 - Existing services 8 - Enhanced services 9 • New Mebane-Efland-Hillsborough-Durham/Duke Express 10 - Full route by TT or contract to OPT 11 - Hillsborough to Duke '/2 route by TT 12 - Mebane to Efland to Hillsborough '/2 route by OPT 13 - Full-day (14-hr.) or Peak-hour (8-hr.) service 14 15 Public Outreach Schedule to Implement Options for 16 New and Enhanced OPT& TT Bus Services 17 • Pursue Triangle Transit's proposed schedule and implement in approximately 9 months 18 (March 2014); 19 OR 20 • Pursue a modified schedule to implement service in approximately 6 months (January 21 2014) 22 23 Annual Uncommitted Portion of OPT 12% Share (Draft) — bar graph 24 25 26 TT Materials 27 Attachment 8 28 • Durham/Orange BRIP Overview 29 • FY 14 Draft Budget and Staffing Plan 30 • Draft Project Development Scope of Work 31 32 Craig Benedict noted that there is more detailed information on comments and 33 clarification of issues included in the salmon colored attachment sheet for this agenda item. 34 When referring to the OPT Apportionment slide, he noted that of the $736,250 in 35 revenue, OPT has a 12% share, Triangle Transit will have a 24% share, and Chapel Hill transit 36 will have a 64% share. 37 Referencing the Options for New/Enhanced and Existing OPT Bus Service slide, he 38 noted that these are only options and will be presented to the public as such. 39 He noted that the abstract also includes a 50 page draft budget and staffing plan. 40 Commissioner Rich asked about the attendance from the past transportation public 41 hearings. 42 Craig Benedict said both the County and Triangle Transit hosted meetings to discuss 43 the plan, and there were an average of about 50 residents last fall. He said it has slowed down 44 since then. The intent of this agenda item is to go out to the public again to see what their 45 needs are now, in light of this proposed plan. He referenced the colored maps in the abstract 46 and said this gives a picture of the employment data for Duke Hospital employees in the 47 Mebane and Graham area. He said this includes over 1,500 people in just these two small zip 48 codes. He said this shows that there are certainly people that live in the east west corridor 49 whose input is needed. 28 1 Commissioner McKee said Craig Benedict mentioned outreach meetings in Mebane and 2 Efland, but this is not mentioned in abstract. He feels that Eno is a key component, due to the 3 high number of people working at Duke who would use this service. 4 Craig Benedict said staff is recommending meeting in Efland Cheeks, Mebane and 5 Hillsborough and this is embedded in attachment 7. 6 Commissioner Pelissier said, having just received staff questions and responses from 7 Triangle Transit tonight, it is difficult for board members to digest all of the information. She 8 would like to request, for the future, that comments be provided ahead of time in order to read 9 and digest. With regard to the process for deciding routes, she would like to see a proposal 10 that has been worked out between both Orange County staff and Triangle Transit staff. 11 Chair Jacobs noted that attachment 7 is on page 45, and this flushes out the updated 12 scheduling. 13 Commissioner Price said she is concerned about the outreach. She has attended a 14 couple of the open houses in Hillsborough and there were more staff than residents. She feels 15 these should be held a more accessible area in the community to increase resident attendance. 16 She suggested a location in the areas or communities where bus stops are proposed. 17 Commissioner Rich she agreed with Commissioner Pelissier. She said she is more 18 familiar with the portion of the plan in Chapel Hill; yet she felt she was bouncing around while 19 reading the agenda. She would like to have the information more fleshed out and organized. 20 Craig Benedict said he agreed that the information is confusing. He said that there will 21 be efforts made over the summer to organize the comments. 22 Commissioner Price asked where things stand with the bus between Mebane and 23 Durham. She asked if this will be an express route or a local bus. 24 Craig Benedict said the intent of the outreach sessions is to ask these questions. 25 Commissioner Price said that citizens have already expressed a desire for more stops 26 along the way. 27 John Talmadge from Triangle Transit Authority (TTA) said there has not been a joint 28 meeting with Orange County staff since May 21 St. He said TTA looks forward to meeting with 29 staff to proceed with this process. He said TTA is ready to work through the issues in order to 30 get proposals to the Board of Commissioners in a timely manner. 31 Commissioner Gordon questioned what needs to be done tonight. She noted that there 32 are Board of County Commissioners and staff comments and TTA has provided responses to 33 some of these, which addresses items 1 & 2 of the stated purpose. She asked about the 34 coordination between county staff and TTA regarding service options and public outreach. She 35 asked, regarding 3 & 4, how this will move forward in the summer. She said that her 36 understanding is that the goal for purpose 5 is to begin service in January 2014. 37 Commissioner Gordon said if the Board moves forward with the proposal on page 8 in 38 attachment 2 (program management team) she feels that Chapel Hill Transit should be listed in 39 addition to Triangle Transit, OPT and the others already listed. 40 She also questioned the hourly costs and the differing OPT costs listed. 41 Craig Benedict answered her last question first and said that the Orange County Bus 42 and Rail Investment plan estimated money to cover service at $58 per hour. He said that if the 43 number is drilled down to specific service OPT can do it for roughly $43 per hour. He said there 44 has been a lot of work done with finance to make sure proper overhead is available. If service 45 can be provided at the lower rate, then it may open the door for more service. 46 Commissioner Gordon said $58 per hour is less expensive than the amount charged by 47 other transit providers. She said that if all of the overhead is counted, she does not see how it 48 can be done for less. 49 Craig Benedict said, regarding items 1 and 2, the responses and questions need to be 50 nailed together to everyone's satisfaction. 29 1 He said item 3 gives options and asks the Board if staff should move forward with 2 discussions with the public over the summer. 3 He said that, regarding item 4, staff has received feedback from the Board of County 4 Commissioners to move forward with outreach to meet the community to discuss the different 5 east/west route options. He said that the question is whether these routes are brought back for 6 approval in late fall or in late January. 7 Chair Jacobs said he agreed that this was a confused document that is not well 8 coordinated. He suggested that the outreach meetings are in a public meeting place, such as 9 Town Barn or somewhere with good access. 10 He sees no point in 1 and 2, as the comments have already been transmitted and this is 11 after the fact and unnecessary. 12 He said that for #3, the public outreach discussions simply need to be approved. 13 He said that#4 is really approving the presentation of service options for the regional 14 express route. 15 He said he has no opinion of the schedule in #5. He feels that staff should come back 16 in the fall about resident comments in coordinating the schedule. 17 Chair Jacobs said there needs to be some direction to both groups that there should be 18 coordination and synthesis between Triangle Transit and Orange County staff. He said that 19 right now, there is nothing that ties these two together, other than a paper statement. He said it 20 is not easy to digest this information tonight so quickly. 21 He would prefer to hear more from the public before implementation decisions are made 22 by the Board of County Commissioners. 23 His suggestion would be to approve #3, #4, #6, requesting coordination and synthesis 24 between Triangle Transit and Orange County and request staff to come back in fall with 25 implementation timeline. 26 Commissioner McKee agreed with Chair Jacobs. He said he is ready to make this 27 motion, and he feels it is definitely premature to approve service options before presentations 28 are made to the public. 29 Commissioner Pelissier agreed with comments made by Chair Jacobs, and she asked if 30 the Board had endorsed this process on May 21St. She questioned why staff was not already 31 working together to create survey tools and public meeting materials. She said the Board 32 needs to be very clear about giving direction so no more time is wasted. 33 Commissioner Pelissier said that suggestions from staff about proposed 34 implementations need to take into account cost and the money available. 35 She said that service options need to be left open for input from both Triangle Transit 36 staff and residents. 37 38 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to: 39 40 1. Approve public outreach discussions, as per Attachment 6, Part A; 41 42 2. Approve presenting service options for Triangle Transit's Mebane-Efland- 43 Hillsborough-Durham regional express route; 44 45 3. Request coordination and synthesis between Orange County and Triangle Transit 46 staff, based on addressing Board of County Commissioners' comments, Orange 47 County staff analysis and Triangle Transit responses; and 48 49 4. Request staff to come back in the fall with a proposed schedule for implementation 50 based on public comment, data analysis and other relevant factors. 30 1 2 Commissioner Gordon asked to add a friendly amendment adding Chapel Hill Transit to 3 page 8 and page 45. 4 Chair Jacobs said that staff would be directed to add this as a technical amendment and 5 not part of the motion. 6 7 VOTE: UNANIMOUS 8 9 8. Reports NONE 10 11 9. County Manager's Report 12 Frank Clifton mentioned a follow up regarding discussions with Commissioner McKee, 13 Chair Jacobs and Commissioner porosin about an affordable housing activity database. He 14 said there was a request for Chair Jacobs to provide a letter to the mayors for staff assistance 15 about data from housing. 16 He noted that he and Chair Jacobs met with Senator Burr's staff representative Mike 17 Fenley. He said the representative offered assistance in dealing with federal issues and Chair 18 Jacobs provided information on the impact of sequestration on Orange County. 19 20 10. County Attorney's Report 21 John Roberts said the legislature ratified House Bill 120, which limits county inspections 22 authority. He said he will have a report on this and others coming soon. 23 24 11. Appointments 25 26 a. Adult Care Home Community Advisory Committee—Appointment 27 The Board considered making an appointment to the Adult Care Home Community 28 Advisory Committee. 29 30 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to 31 appoint Dr. Beverly Foster to a one year training term that will expire 06/30/2014. 32 33 VOTE: UNANIMOUS 34 35 b. Affordable Housinq Advisory Board —Appointments 36 � The Board considered making appointments to the Affordable Housing Advisory Board. 37 38 A motion was made by Commissioner porosin, seconded by Commissioner Price to 39 appoint Diane Beecham to a second full term, expiring 06/30/2016 in position #10-At-Large. 40 41 VOTE: UNANIMOUS 42 43 A motion was made by Commissioner porosin, seconded by Commissioner Price to 44 appoint James R. Stroud, to a second full term expiring 06/30/2016, in position #13- At-Large. 45 46 VOTE: UNANIMOUS 47 48 A motion was made by Commissioner porosin, seconded by Commissioner Price to 49 appoint Angel Kent to a first full term expiring 6/30/2015 in position # 6- At-Large. 50 31 1 VOTE: UNANIMOUS 2 3 A motion was made by Commissioner porosin, seconded by Commissioner Price to 4 appoint Rhea Wyse to a first full term expiring 6/30/2015 in position # 9- At- Large. 5 6 VOTE: UNANIMOUS 7 8 c. Oranqe County Alcoholic Beveraqe Control (ABC) Board —Appointment 9 The Board considered making an appointment of the Chair to the Orange County 10 Alcoholic Beverage Control (ABC) Board. 11 12 A motion was made by Commissioner McKee, seconded by Commissioner Gordon to 13 appoint Keith Cook as Chair to the Orange County Alcoholic Beverage Control (ABC) Board for 14 one year. 15 16 VOTE: UNANIMOUS 17 18 d. Animal Services Advisory Board —Appointments 19 The Board considered making appointments to the Animal Services Advisory Board. 20 21 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to 22 appoint Judy Miller to a first full term expiring June 30, 2016, in position # 9-Animal Advocacy. 23 24 VOTE: UNANIMOUS 25 26 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to 27 appoint Jenn Merritt to a first full term expiring June 30, 2016, in position # 12, Animal Handler. 28 29 VOTE: UNANIMOUS 30 31 A motion was made by Commissioner Gordon seconded by Commissioner Rich to 32 appoint Dr. DeWana Anderson effective July 1, 2013 to a first full term expiring June 30, 2016, 33 in position # 2, Veterinarian. 34 35 VOTE: UNANMOUS 36 A motion was made by Chair Jacobs, seconded by Commissioner McKee to appoint 37 Marshall Morris to position #7 —to a first full term expiring June 30, 2016. 38 39 VOTE: UNANIMOUS 40 41 e. Oranqe County Arts Commission —Appointments 42 The Board considered making appointments to the Orange County Arts Commission. 43 44 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 45 appoint Christopher Wehrman to a first partial term expiring 03/31/2014, in position # 9, At- 46 Large. 47 48 VOTE: UNANIMOUS 49 32 1 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 2 appoint Deborah Hepp to a first full term expiring 03/31/2016, in position # 15, At-Large. 3 4 VOTE: UNANIMOUS 5 6 Chair Jacobs said that this board needed to focus on recruiting more diversity for this 7 board. 8 9 f. Board of Health —Appointments 10 The Board considered making appointments to the Board of Health. 11 12 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to 13 appoint Matthew Kelm for a second full term expiring 06/30/2016, in position #2, Pharmacist. 14 15 VOTE: UNANIMOUS 16 17 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to 18 appoint Dr. Carol Haggerty, DDS, MPH, to a second full term expiring 06/30/2016, in position # 19 9, Dentist. 20 21 VOTE: UNANIMOUS 22 23 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to 24 appoint Dr. Paul Chelminski to a second full term expiring 06/30/2016, in position # 10, 25 Physician. 26 27 VOTE: UNANIMOUS 28 29 30 31 g_ Human Relations Commission —Appointments 32 The Board considered making appointments to the Human Relations Commission. 33 34 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 35 appoint Joyce Christine Preslar to a first full term as an at-large representative-expiration date 36 06/30/2016. 37 38 VOTE: UNANIMOUS 39 40 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 41 appoint Dr. Preston Scott Phillips to a first full term as a Town of Chapel Hill representative- 42 expiration date of 06/30/2016, contingent on the concurrence of the Chapel Hill Town Council. 43 (This will be on the agenda for the Chapel Hill Town Council meeting on June 24, 2013) 44 45 VOTE: UNANIMOUS 46 47 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to 48 appoint Dr. Cynthia Stubbs to a first full term as an at-large representative-expiration date 49 06/30/2016. 50 33 1 VOTE: UNANIMOUS 2 3 Chair Jacobs noted that that the Town of Carrboro has two vacancies that have not 4 been filled for some time, and he will write a letter to the Mayor in reference to this. 5 6 h. Oranqe Countv Juvenile Crime Prevention Council 7 The Board considered making a Commissioner appointment to the Orange County 8 Juvenile Crime Prevention Council. 9 10 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to 11 nominate Commissioner Pelissier as a member and Commissioner porosin as an alternate 12 member to the Orange County Juvenile Crime Prevention Council. 13 14 VOTE: UNANIMOUS 15 16 17 18 i. Oranqe County Nursinq Home Community Advisory Committee — 19 Appointment 20 The Board considered making an appointment to the Orange County Nursing Home 21 Community Advisory Committee. 22 23 A motion was made by Commissioner Price, seconded by Commissioner Gordon to 24 appoint Dr. Mary Ann Peter to a first full term expiring 06/30/2016. (Dr. Peter's one year training 25 term will expire 06/30/2013), position # 10- At-Large. 26 27 VOTE: UNANIMOUS 28 29 i Oranqe Unified Transportation Board —Appointment 30 The Board considered making an appointment to the Orange Unified Transportation 31 Board. 32 33 A motion was made by Commissioner Price, seconded by Commissioner Gordon to 34 appoint Gary Saunders to a first term as Orange County Commission for the Environment 35 representative, ending 09/30/2015, position # 10. 36 VOTE: UNANIMOUS 37 38 39 k. OWASA 40 41 A motion was made by Commissioner Price, seconded by Commissioner McKee to 42 nominate Commissioner Rich and Chair Jacobs as members of the OWASA Committee. 43 44 VOTE: UNANIMOUS 45 46 12. Board Comments (Three Minute Limit Per Commissioner) 47 Chair Jacobs noted that many members wanted to act on things before the break; 48 therefore he is willing to entertain motions under board comments 49 Commissioner Gordon, said this should only happen in the case of emergencies, not for 50 regular action items. 34 1 Commissioner Pelissier said the Partnership to End Homelessness is starting to look at 2 emergency sheltering needs. She said this has not been happening because the partnership 3 has been in the process of creating a new revised plan, which will be presented this fall. 4 Commissioner porosin said he sent an email earlier in the day, regarding Rogers Road. 5 He said there has not been time for a detailed discussion yet, and the task force will be meeting 6 while the Board is on break. He suggested that it would be helpful to the task force if the Board 7 could give them some general guidance on providing sewer infrastructure to this area. He 8 suggested taking some limited action tonight to help keep things moving forward. He 9 referenced a resolution on a pink sheet being put before the Commissioners. He feels that a 10 commitment was made to support this neighborhood and this can be furthered by adopting a 11 general resolution to participate in providing funding for sewer infrastructure once plans are 12 reviewed and approved. 13 Commissioner porosin made a motion, seconded by Chair Jacobs, for the creation of a 14 resolution with a change in the resolve clause- following the word "determined" in line 2- to 15 read, "to participate in providing funding for the construction of sewer..." 16 17 Chair Jacobs said since the Board has an information report on the agenda he felt this is 18 relevant for tonight. 19 Commissioner Pelissier said she has the same reservations as Commissioner Gordon 20 and she does not recall this happening while she has been on the board. She said she does 21 not approve of making motions during board comments, as this is not a transparent process. 22 Commissioner Gordon said the Board should let the task force complete the charge as it 23 was given. She also noted the possible investigation of the EPA of Orange County, and said 24 she feels that the Board needs to show restraint, as advised by the County Attorney, with 25 regard to authorizing expenditures. 26 John Roberts said he has no comment on this. 27 Commissioner McKee said he believes this is premature, and he would not be able to 28 support it. 29 Commissioner Price said the Rogers Road task force had a very good meeting last 30 week. She said that the fact that Board members attend these task force meetings and 31 respond to questions and concerns has shown the group that the Board is committed to doing 32 the work. 33 Commissioner Rich said she cannot vote for this because it is premature. She said that 34 the Board of County Commissioners has not had a chance to discuss all of the options. She 35 suggested a work session in September to discuss all of the options. 36 Commissioner porosin said this is not voting on plans, but is simply showing a collective 37 Board commitment to sewer infrastructure. He said this does not preempt discussions about 38 options, was a way to reinforce Orange County's support. He also noted that this is not an 39 expenditure of any funds of any kind. 40 Chair Jacobs said he seconded so that Commissioner porosin could have an 41 opportunity to express his opinions. He said that, since the Board does not meet for two 42 months, there is no time to review petitions until late summer. He agreed in general that this is 43 not the best way; however he wanted Commissioner porosin to state his case. 44 45 A motion was made by Commissioner porosin, seconded by Chair Jacobs to approve 46 the proposed resolution from Commissioner porosin entitled "RESOLUTION OF 47 COMMITMENT TO FUTURE FUNDING FOR SEWER INFRASTRUCTURE TO BENEFIT THE 48 HISTORIC ROGERS ROAD-EUBANKS NEIGHBORHOOD" with the proposed change from 49 Chair Jacobs. 50 MR 1 VOTE: Ayes, 2 (Commissioner Dorosin and Chair Jacobs); Nays, 5 (Commissioner Price, 2 Commissioner McKee, Commissioner Gordon, Commissioner Pelissier, and Commissioner 3 Rich) 4 5 MOTION FAILED 6 7 Commissioner McKee noted that the ABC Board is closely watching what the County is 8 doing with health insurance because it will directly affect them, as this board is part of the 9 County insurance policy. 10 Commissioner Price re- iterated her comments about progress in the meetings on 11 Rogers Road. She said she has also had some conversations with teens in the community and 12 the director of the Rape Crisis Center. She feels there is a lot of work to do in the community 13 and schools to make sure that children are protected. She expressed her appreciation for the 14 Board members who have helped get here acclimated as a new Commissioner. 15 Commissioner Gordon reported on the meeting of the Durham - Chapel Hill- Carrboro 16 MPO Transportation Advisory Committee (DCHC MPO TAC). She said the group continues to 17 have concerns about the strategic mobility formula. She said the Durham Chapel Hill Carrboro 18 MPO is revising their MOU, and this has been sent to the managers. She would like for this to 19 be distributed through various packets to all Board of County Commissioners. 20 Commissioner Gordon said she attended the Durham - Chapel Hill Orange Work group, 21 which included an update on the Orange and Durham Bus and Rail Investment plan. She said 22 that part of the budget process requires an environmental impact statement and the federal 23 government is only allowing 24 months for completion. She said the desire is to get started on 24 things to prepare for this in order to complete this in a timely manner. She said that the budget 25 will allocate $5 million to complete parts of the environmental impact process. 26 Commissioner Rich said the Rogers Road Community is excited about the new 27 community center and she wants to encourage that movement. 28 She said that she and Frank Clifton met with an ad hoc committee about the Visitors 29 Bureau moving to a new location. She said there are efforts being made to talk to other 30 counties with similar makeup and see where these counties stand on location. She noted that 31 visitors are down and it is unsure whether this is due to the economy or the improvement in 32 electronic availability. 33 Chair Jacobs noted the need for more parking area at the Visitors Bureau. 34 Chair Jacobs said he and Frank Clifton met with Mike Fenley, Representative from 35 Senator Burr's office, and reviewed the same issues as previously discussed with 36 Congressman Coble and Congressman Price- economic development, agriculture and program 37 cuts. He noted that all of the Board members are signed up to get newsletters from Senator 38 Burr. 39 Chair Jacobs heard today from DOT representatives that the legislature is cutting out all 40 DOT discretionary funding. He said this includes economic development projects currently 41 being done in Orange County. He said Mike Mills said funding would be found for this project. 42 Chair Jacobs said the Board will make sure that notices are sent out on the Northern 43 Human Services Center meetings. 44 Chair Jacobs noted the legislature's decision to eliminate the County share of the sales 45 tax on food and offering the opportunity to re- institute it independently as a County. He thanked 46 the Commissioners for their work. 47 48 13. Information Items 49 50 June 4, 2013 BOCC Meeting Follow -up Actions List 36 1 • Tax Collector's Report— Numerical Analysis 2 • Tax Collector's Report— Monthly Enforced Collections 3 • Memorandum Regarding Ban the Box 4 • Memorandum Regarding Future Southern Branch Site Selection Analysis 5 • BOCC Chair Letter to the Town of Chapel Hill Regarding Affordable Housing Associated 6 with Transit 7 • BOCC Chair Letter Regarding Petitions from June 4, 2013 Regular Board Meeting 8 • Update on the Progress and Options from the Historic Rogers Road Neighborhood Task 9 Force Regarding a County Water and Sewer District 10 11 14. Closed Session NONE 12 13 15. Adjournment 14 15 A motion was made by Commissioner Rich, seconded by Commissioner Price to 16 adjourn the meeting at 10:35 pm. 17 18 VOTE: UNANIMOUS 19 20 Barry Jacobs, Chair 21 22 Donna S. Baker, CMC 23 Clerk to the Board 24