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Home My WebLink AboutMinutes 06-18-2013 APPROVED 9/5/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING June 18, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 18, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the items at the Commissioners' places: - Buff sheet— Item 5-t, Clean version of Land Lease for Orange County Jail - Yellow sheet - Item 5-u, Revised abstract for Space Study Framework - Rose sheet— Item 5-x, Proposed Addition to the Consent Agenda- Potential Orange County Fair- Summer Working Group Change - White sheet— PowerPoint for Item 6a, Proposed 2012-2013 Secondary Road (SR) Construction Program for Orange County - White sheet- Item 7a-Revised Page 2 of Approval of Fiscal Year 2013-14 Budget Ordinance, County Grant Projects, and County Fee Schedule - Salmon sheet— Item 7-f, Triangle Transit Response to BOCC Agenda Item - Orange County Bus and Rail Investment Plan Implementation — Staff Follow-Up - White sheet— PowerPoint for Item 7-f, Orange County Bus and Rail Investment Plan Implementation — Staff Follow-Up - Lavender— Request from OWASA for BOCC appointments to their Interagency Work Group to Develop Recommendations for Expanding Financial Assistance Program for OWASA Customers in Need - Blue sheet - Proposed Petition Items from Commissioner Price PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Chris Russell lives off of Neville Road and spoke again regarding the siting of sub- station 2 of the White Cross fire station. He requested this item be put on an agenda and requested a public meeting be held with proper notice for residents to attend. He feels this neighborhood is the wrong site for a fire house. He feels the development and siting of this sub-station should be put on hold pending the public hearing. He asked the Board to consider language to modify fire agreements with the volunteer fire stations and noted that this is on the agenda for approval. Thomas Stones is a resident on Neville Road, and he is opposed to the siting of this proposed sub-station of the White Cross Fire Department. He noted that this station would be sited next to his house. There is a lot of traffic on this road already, and the neighborhood does not need more traffic. He asked the Board to re-consider the site. He said that if he ever was to re-sell his property, no one would want to live next door to a fire station. Don O'Leary said that the nation has come to a crossroads. He said the law abiding citizens of the nation have been deemed enemies of the state, according to the bankers who have taken over the federal government. He said that everyone needs to stand together to defeat the enemy that is eroding the constitution by condemning the constitution, Christians, gun-right advocates, privacy activists and other founding ideas of this country. He said that privacy is lost and everyone is being tracked and watched via various methods. He asked that the County keep their strength at the local level of government. He said that it is time for the Board to choose sides on the issues. He said the Board is collaborating with ICLEI; and if this continues, the people of Orange County will know what side the Board is on. Lynett Tempest said she is opposed to the siting of the Neville Road sub-station of the White Cross Fire Department. She said this siting puts the station in the watershed and on a narrow road, and she asked for the reason behind this siting. She said the community is not aware of any site qualifications. She noted that the prerequisites for siting are, to serve the greatest area, and to minimize response time. She asked how this site compares to a Hwy 54 site and she said this site will have longer travel response times. She said the community does want a fire station, but the station should be situated at a more logical site. She said the community deserves more than this antiquated process. Hudson Vaughn is the associate at the Marion Jackson Center and he thanked the Board for the County's increased contribution through the budget that was just approved. He noted that one project in the works is Fusion Radio, produced by high school youth as a live monthly radio show. b. Matters on the Printed Agenda 3. Petitions by Board Members Commissioner Gordon said that the Board had received a chart from the NCACC on the N.C. Tax Reform: Impact on Counties as of June 17, 2013 (Sales Tax Revenues Based on 2011-12 Department of Revenue Distributables). She noted that the chart shows in the House plan that Orange County would receive an increase of over $789,401, but with the Senate plan the county would get a decrease of about $778,732. She petitioned the Board to ask the Chair to write a letter to the legislative delegation in support of the House plan. Chair Jacobs said items such as these are usually referred to Chair/Vice Chair agenda review, and this group will not meet for 10 weeks; so he suggested that the Board agree by consensus for him to write this letter now before the House adopts their budget. The Board agreed with this action. Commissioner Price made two petitions. She said one is a resolution commending the Northern Orange Education Task Force. She said this group has come together to encourage students in the local high school to achieve a 3.0 grade point average. She said the other resolution is to re-institute the Commission for Women as an advisory board to the Board of County Commissioners. She acknowledged help from women in the community, as well as Commissioner Gordon, on putting together this resolution. Chair Jacobs noted that the Education Task Force item is already on the agenda for September. Chair Jacobs noted that the Board discussed their energy and fuel consumption report and discussed doing a better job of tracking reusable items. He petitioned that Dave Stancil be involved, as this relates to the environmental responsibility goal. Chair Jacobs said many groups are working on the voter identification issue, and he hopes that when the board reconvenes on September 5th, staff will provide a report on these activities and on how the County can help people to register to vote. Chair Jacobs suggested that the lavender OWASA letter be added to the agenda to appoint two Board members. A motion was made by Commissioner Rich, seconded by Commissioner Price to add the request from OWASA for BOCC appointments to their Interagency Work Group to Develop Recommendations for Expanding Financial Assistance Program for OWASA Customers in Need. VOTE: UNANIMOUS 4. Proclamations/ Resolutions/ Special Presentations a. Social Services Best Practices Award The Board acknowledged the job training partnership between Orange County Social Services (DSS) and Orange County Emergency Services for the Emergency Medical Technician Training and Employment Program for Work First Recipients, which resulted in Orange County receiving the Best Practices Award from the NC Association of County Directors of Social Services. Nancy Coston said the Social Services agency won an award; but in reality this was a partnership with Emergency Services. She said Social Services' workforce employment program worked with Emergency Services to identify and train individuals to seek employment. Kim Woodward, Emergency Services Supervisor, recognized two ladies she met through work first program, both with some medical experience. She said both women went to the Durham Tech EMT program and joined Orange County Emergency Services as permanent employees last year. She said both women are now signed up for the paramedic program, and she presented both employees to the Board for recognition. Chair Jacobs thanked the people who worked with Social Services on this, and he said this is an excellent example of government at work in a positive way. b. Resolution Calling on Congress to Fund Urgently Needed Services and Infrastructure Repair in Orange County and Throughout the United States By Bringing War Dollars Home The Board considered a resolution calling on Congress to fund urgently needed services and infrastructure repair in Orange County and throughout the United States by bringing war dollars home and authorizing the Chair to sign. Commissioner Price read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION CALLING ON CONGRESS TO FUND URGENTLY NEEDED SERVICES AND INFRASTRUCTURE REPAIR IN ORANGE COUNTY AND THROUGHOUT THE UNITED STATES BY BRINGING WAR DOLLARS HOME WHEREAS, the Iraq and Afghanistan wars have cost the nation over one trillion dollars, N.C. taxpayers $34 billion and Orange County taxpayers $480 million; and WHEREAS, 1.6 million residents of North Carolina live in poverty, with a poverty rate of 16.9 percent in Orange County; and WHEREAS, spending for the wars has diverted money from education, job growth, access to medical care, low cost housing, infrastructure repair, environmental protection, and other needs in Orange County and throughout North Carolina; and WHEREAS, since the nation, North Carolina, and Orange County have suffered layoffs, cutbacks in services, and delays in repairing and building infrastructure, it is time to reexamine our spending priorities; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners calls upon the United States Congress and President Barack Obama to bring our war dollars home and use the savings to meet vital human needs, promote education, rebuild our infrastructure, protect our environment, support job-creating businesses, and aid our municipal, county and state governments. This, the 18th day of June 2013. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to approve the Resolution Calling on Congress to Fund Urgently Needed Services and Infrastructure Repair in Orange County and Throughout the United States By Bringing War Dollars Home. VOTE: UNANIMOUS c. Resolution Opposing Potential Drug Testing for Public Assistance Recipients The Board will consider a Resolution Opposing Potential Drug Testing for Public Assistance Recipients, which is proposed in Senate Bill 594 before the 2013 North Carolina General Assembly and authorizing the Chair to sign. Commissioner Dorosin read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Opposing Potential Drug Testing for Public Assistance Recipients WHEREAS, Senate Bill 594 has been introduced in the 2013 North Carolina General Assembly session, proposing drug testing requirements for recipients of public assistance and requiring families who apply for Work First to be screened at their own expense; and WHEREAS, the proposed drug testing requirements would create hardships for families with the least resources and in many cases will discourage those families from applying for available assistance even when no substance abuse is present; and WHEREAS, if a family does pursue the screening and no issues are identified, it is proposed that the local county social services department will reimburse the family for the costs although no State funds have been appropriated for this expense, thereby establishing another State unfunded mandate for county governments; and WHEREAS, the imposition of a drug testing requirement appears discriminatory by requiring low income families to be screened when many other individuals supported by other various government subsidies and programs are not subject to these arbitrarily invasive requirements; and WHEREAS, provisions such as the one proposed have been successfully challenged on constitutional grounds in other states and the same challenge would likely occur in North Carolina, while in the interim local agencies will have already implemented procedures to adopt the new rules, clients will have already been impacted and costs will already have been incurred; and WHEREAS, there are presently a significant number of requirements that limit the eligible population for the Work First Program, including provisions that 1) the Program only serves parents with children; 2) parents must comply with various regulations related to the education and health of their children; and 3) parents must also participate in work related activities (usually thirty hours per week); NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of Commissioners, support all families and children and believe that the changes being proposed to the Work First Program through Senate Bill 594 will harm children and their parents, will be ineffective and costly, will create another unfunded mandate for county governments, and will ultimately and appropriately be reversed on constitutional grounds as has occurred in other states. The Board encourages all members of the North Carolina General Assembly and Governor Pat McCrory to oppose the changes detailed in Senate Bill 594 and any other bills requiring drug testing as a condition of eligibility for public assistance programs. This, the 18th day of June 2013. A motion was made by Commissioner Rich, seconded by Commissioner Gordon to approve a Resolution Opposing Potential Drug Testing for Public Assistance Recipients, which is proposed in Senate Bill 594 before the 2013 North Carolina General Assembly and authorize the Chair to sign. VOTE: UNANIMOUS Chair Jacobs said the rose sheet—Potential Orange County Fair- Summer Working Group Change- also needs to be added to the consent agenda. A motion was made by Commissioner Price, seconded by Commissioner Dorosin to add the Potential Orange County Fair- Summer Working Group Change as item 5-x to the consent agenda. VOTE: Ayes, 4 (Commissioner Dorosin, Chair Jacobs, Commissioner Price, Commissioner McKee; Nays, 3 (Commissioner Gordon, Commissioner Pelissier, Commissioner Rich) 5. Consent Agenda • Removal of Any Items from Consent Agenda - Items 5-g, 5-p, 5-t, and 5-x were removed from the consent agenda. Commissioner Gordon asked about the space study revision shown at their places. She asked if approval of this consent agenda item would be for the revised abstract. Chair Jacobs answered yes. • Approval of Remaining Consent Agenda A motion was made by Commissioner Pelissier, seconded by Commissioner Price to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda g_ Amendment Outline and Schedule for Upcoming Item — Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan The Board considered authorizing staff to proceed with steps for the development and adoption of the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, according to the schedule proposed in the Amendment Outline. Commissioner Price asked that, when this is brought back in the fall, staff would include any legislative decisions that may affect the plan. She feels it is important for residents to understand that annexation will not be automatic. Tom Altieri said this information will be brought back. He noted that Commissioner Price is referring to House Bill 264, which relates to extra-territorial jurisdictions (ETJs). He is not sure what the outcome of the legislation will be, but he is hopeful that ETJs will remain intact. Frank Clifton said the key issue is what the law will allow the County to do. John Roberts said this bill did not survive crossover, and it is dead at this time. Tom Altieri said the ETJ swap is not being initiated with the Board's authorization tonight. This process will require a formal request from the town, and this has not been received yet. A motion was made by Commissioner Rich, seconded by Commissioner Gordon to approve authorizing staff to proceed with steps for the development and adoption of the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan according to the schedule proposed in the Amendment Outline. VOTE: UNANIMOUS p. Emergency Debris Removal and Processing Services Agreement The Board considered entering into an agreement between the County of Orange and Phillips & Jordan, Inc. for the purpose of providing Emergency Debris Removal and Processing Services and authorizing the Chair to sign. Commissioner Price referred to the passage under basic services in attachment 1 and said there is mention of a milestone date, followed by a mention in section 2 stating that this is not applicable. She questioned if section 3 is applicable, or if this is a placeholder. John Roberts said it is not applicable. Commissioner Dorosin moved to delete this paragraph - 3aiii on page 5 of the agenda. John Roberts said this is a template that attorneys can use, and the Board can vote to delete this particular provision. He said it is not applicable either way. Commissioner McKee clarified that the statement would nullify that section and the one that follows; and he said that, if so, he has no problem with leaving it in. Commissioner Dorosin withdrew his motion; but he said templates have pros and cons, and this should be discussed at a later date. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve an agreement between the County of Orange and Phillips & Jordan, Inc. for the purpose of providing Emergency Debris Removal and Processing Services and authorize the Chair to sign. VOTE: UNANIMOUS t. Land Lease for Orange County Jail The Board considered entering into a fifty year Land lease Agreement with the State of North Carolina for an estimated 8.53 acre parcel located near the existing Orange Corrections Facility at a rate of$1 per year for the purpose of the development and construction of a County Jail facility; and authorizing the Chair to sign upon final approval of the County Attorney. Commissioner Price asked if it is wise move forward on this lease, since John Roberts has stated that there may be some uncertainty. Frank Clifton said the staff has been working to acquire a lease for two years and the intent is to have a vested interest in this property. Commissioner Gordon asked John Roberts to speak to this. She thinks there is risk involved. John Roberts said the risk would come further down the road, after the construction starts, not with the land lease. He suggested the Board seek further assurances from the state about the current correctional facility on the site. Commissioner Gordon said if the county is going forward with a proposal to build on that land and this is pulled out from under them, it would be a problem. She said, once construction is started, this is a considerable risk and she understands it is a trade-off. She said she is not sure that the lease can be re-negotiated; however, looking at the highlighted provisions, she does not feel that a non-government client would be advised to sign this. She thinks the deal is good, but the risk is substantial. Chair Jacobs clarified that the proposed timeline would essentially give the Board three years to make a drop dead decision on this facility. Commissioner Pelissier asked what the legal ramifications would be if the state were to take this property at some point. John Roberts said the County only has the authority given to them by the state. He does not know the legal ramifications at this point. He said the Dorothea Dix property site may affect this and give an idea of what the state can do with local leases. A motion was made by Commissioner Rich, seconded by Commissioner McKee to enter into a fifty year Land lease Agreement with the State of North Carolina for an estimated 8.53 acre parcel located near the existing Orange Corrections Facility at a rate of$1 per year for the purpose of the development and construction of a County Jail facility; and authorize the Chair to sign upon final approval of the County Attorney. VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Price) 5-x Potential Orange County Fair- Summer Working Group Charge The Board considered approving a charge to the joint Board/staff committee appointed June 4 to examine the feasibility, process, scope and potential collaborators and stakeholders for a locally-focused county fair. Chair Jacobs said there was some difficulty in setting up a meeting with staff and Board representatives, so this group did not meet until late on June 14th. He noted that this is why this item just came to the Board this afternoon by email and is at their places this evening. Commissioner Rich said she really has not had enough time to read and process it. She said her biggest concern is the initial cost to the county, as outlined on the back page. She is neutral about the idea, but she is concerned about the financial impact. Commissioner Pelissier said she had similar concerns. She noted that most of the other fairs in the state are run by non-profits, rather than counties; and all of these broke even. She would not want to vote on a charge at this time without specific costs. Commissioner Gordon said that this will not be immediately sustainable. She referenced the statement in 2b regarding sustainability, and said this should be altered to state: "... with a model that at least enables it to become self-sustained over time; However the County Commissioners prefer a model that enables the County Fair to break even financially from the outset." She also referenced #7, and said this should be altered to further include: "... should, at least, be a self-sustaining model, which will diminish the County's fiscal and oversight role over time; However the County Commissioners prefer a model that enables the County Fair to break even financially from the outset." She said this should be added and this does not preclude the group coming back. Chair Jacobs clarified that Commissioner Gordon is proposing changes to 2b and 7. Commissioner Dorosin said he has no concerns with those suggestions, but he feels that the Board needs to be realistic about this event. He said this will be an invaluable service to the county, and the thought that it will not cost anything from the beginning is unrealistic. He said the intent of the work group is not inconsistent with what Commissioner Gordon said, regarding the idea of becoming self—sustaining. He said that if people want a fair without spending county money, then people don't really want a county fair. Commissioner Rich said she would like to have a better idea of the financial and staff impacts before she would vote on this. Commissioner McKee said that question and others should be answered by the work group. He said that, without going forward with the work group, the Board probably won't get answers. Commissioner McKee said he has his own questions, but he needs more details. He said that the work group should start working. A motion was made by Commissioner Price, seconded by Commissioner Rich to approve a charge, with changes suggested by Commissioner Gordon, to the joint Board/staff committee appointed June 4 to examine the feasibility, process, scope and potential collaborators and stakeholders for a locally-focused county fair. VOTE: UNANIMOUS Chair Jacobs noted that the only reason this was added to the agenda was to avoid losing the entire summer. a. Minutes The Board approved the minutes from April 16, 17, 23 and May 7, 28, 2013 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for fourteen (14) taxpayers with a total of fourteen (14) bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for three (3) taxpayers with a total of seven (7) bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. FY2013-14 Home and Community Care Block Grant for Older Adults Funding Plan The Board approved the recommended Home and Community Care Block Grant (HCCBG) for Older Adults Funding Plan for FY2013-14 in the amount of$506,206 and authorizing the Chair to sign. e. Fiscal Year 2012-13 Budget Amendment#11 The Board approved budget amendments and an updated grant project ordinance for fiscal year 2012-13. f. Application for North Carolina Education Lottery Proceeds for Orange County Schools (OCS) and Contingent Approval of Budget Amendment#11-A Related to OCS Capital Project Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release funds from the NC Education Lottery account related to FY 2012-13 debt service payments for Orange County Schools, and to approve Budget Amendment#11-A (amended School Capital Project Ordinances), contingent on the State's approval of the application and authorize the Chair to sign. h. Comprehensive Plan and Unified Development Ordinance Outline and Schedule for Upcoming Item — UDO Text Amendment Related to Governmental Uses The Board approved process components and a schedule for a Planning Director initiated item for amendments to the Unified Development Ordinance (UDO) recommended for hearing at the September 9, 2013 Quarterly Public Hearing. i. Legal Advertisement for Quarterly Public Hearing — September 9, 2013 and Notice of Possible Work Session at Conclusion of Hearing The Board considered the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for September 9, 2013, and provide notification of a possible work session item at the conclusion of the hearing. L Approval of Updated Orange County Volunteer Fire Department Agreements The Board approved updated fire protection and emergency services agreements between Orange County and each volunteer fire department (Caldwell, Cedar Grove, Efland, Eno, New Hope, Orange Grove, Orange Rural, and White Cross) and authorized the Chair to sign. k. Approval of Updated North Chatham Fire Protection Agreement The Board approved the updated fire protection and emergency services agreement between Orange County and the North Chatham Fire Department and authorized the Chair to sign. I. Orange Grove Station #3 Finance Agreement The Board authorized the Chair to sign the Orange Grove Finance Agreement document for Station #3 (There is no financial involvement or obligation to the County by signing the document.). m. Clerk to the Board Employment Agreement Amendment The Board amended the Employment Agreement governing the terms and conditions of the Clerk to the Board's employment and authorized the Chair to sign. n. Elementary School #11 Dedication of Water and Sewer Easements to OWASA The Board approved a dedication of water and sewer line easements built to service Chapel Hill Carrboro City Schools (CHCCS) Elementary School #11 to the Orange Water and Sewer Authority (OWASA) as presented, and upon final review by the County Attorney, authorizes the Chair to sign on behalf of the Board. o. Elementary School #11 Utilities Right of Way Agreement with Duke Energy The Board approved a Right of Way Agreement for the installation and maintenance of electrical utilities built to service Chapel Hill Carrboro City Schools (CHCCS) Elementary School #11 as presented, and upon final review by the County Attorney, authorizing the Chair to sign on behalf of the Board. � Changes in BOCC Regular Meeting Schedule for 2013 The Board approved one change in the County Commissioners' regular meeting calendar for 2013, changing the time of the joint meeting with City of Mebane, scheduled for Thursday September 19, 2013 from 7:OOpm to 5:30pm (dinner meeting), at Link Government Services Center, 200 South Cameron Street, Hillsborough. r. Adoption of Final Resolution Authorizing the Issuance of$10,000,000 Installment Financing for Various Capital Investment Plan Projects and County Equipment The Board adopted the final financing resolution authorizing the issuance of$10,000,000 Installment Financing for Various Capital Investment Plan Projects and County Equipment. s. Approval of Lease Agreement with Habitat for Humanity for a Rogers Road Community Center The Board approved a Lease Agreement with Habitat for Humanity for two tracts of land in the Phoenix Place subdivision for the construction of a Rogers Road Community Center and authorized the Manager to execute the agreement. u. Space Study Framework The Board approved a suggested framework for iterative, continuous space study analysis. v. Whitted Permanent Meeting Facility Site Work The Board authorized staff to move forward with bid document preparation and bidding of the exterior site work (grading, paving, site lighting, site landscaping) in order that this work can be accomplished during the summer and fall months of 2013; and authorize the Manager to award the bid and sign the construction contract for the exterior site work during the summer break. W. Bid Award — Community Geothermal HVAC — Phase II The Board awarded the bid and approved a construction agreement with Warren Hay Mechanical, Hillsborough, NC, in the amount of$1,579,193 for the installation of a geothermal HVAC system to replace the existing traditional HVAC systems at: 1) the Orange County Jail (excluding equipment serving the 1997 addition, which has been replaced during the past five years, but including adequate well capacity to serve this portion of the facility); 2) the District Attorney Building; 3) the Court Street Annex building; and 4) the Historic Courthouse; authorize the Chair to sign the agreement on behalf of the Board of County Commissioners ("BOCC"), subject to final review by the County Attorney; and authorized the Manager to execute individual change orders within the limit of the Manager's authority ($250,000) up to the extent of the project budget. 6. Public Hearings a. Proposed 2012-2013 Secondary Road (SR) Construction Program for Orange County The Board held a public hearing to receive public comment and discuss the North Carolina Department of Transportation's Proposed 2012-2013 Secondary Roads Construction Program for Orange County. Chair Jacobs noted that Mike Mills and Chuck Edwards from DOT were present. Mike Mills noted that Brad Wall, a division maintenance engineer, was also present. Mike Mills said that the proposal in front of the Commissioners is a proposal for $700,080 for the construction program. He said there is no more paving of unpaved roads. He noted there are only 5 unpaved roads left, with only 3 houses on those roads; therefore the money is being allocated to other areas of safety improvement in the County. He referenced the second page and said the money is proposed as funding for two existing paved secondary roads in Orange County, including New Sharon Church Road, which needs to be re-surfaced and widened by 2 feet on each side. He said this road services about 1500 cars per day in the rural part of the county. He said the second road is Lebanon Road, which extends from Stagecoach to Efland Cedar Grove Road and is proposed for re-surfacing and widening. He said this road carries about 1800 cars per day. He said these two roads account for $650,000 of the secondary roads construction program, which leaves the balance at $50,080. This will be used to survey other roads and areas of need. Commissioner Dorosin asked how widening the road helps and eases congestion. Mike Mills said this is not done to ease congestion, but it helps with safety. Widening prevents large tires, such as those on trucks and buses, from being close to the edge. He noted that these rural roads are commonly used by bicyclists, and this increases safety for them as well. Commissioner Price asked about the other parts of New Sharon and if there are 2 foot shoulders on these areas. Mike Mills said the south side has already been done. NO PUBLIC COMMENT Chair Jacobs said Mike Mills and another DOT representative attended the Burlington MPO, where the strategic mobility formula was presented. He said this included the process of normalization with regard to funding. He suggested that after this is passed and the state Board of Transportation votes in August, perhaps Mike Mills could come back to exchange the forthcoming changes. Commissioner McKee said he appreciates the widening on Highway 57, as well as the area of New Sharon that has already been done. He said it is a great safety improvement. He asked if there was any way that the future widening could be 3 feet instead of 2 feet. Mike Mills said the unpaved roads have been reduced to almost nothing. He said that there are some rural roads that still have safety issues, and the shoulders are intended to address this. Commissioner Gordon thanked the DOT for coming A motion was made by Commissioner Gordon, seconded by Commissioner McKee to close the public hearing and adopt the North Carolina Department of Transportation's Proposed 2012- 2013 Secondary Roads Construction Program for Orange County. VOTE: UNANIMOUS b. Orange-Alamance Boundary Land Use and Zoning Atlas Amendments - Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board's recommendation, closed the public hearing, and made a decision on Planning Director initiated map amendments to the 2030 Comprehensive Plan Future Land Use Map and the Zoning Atlas to extend land use categories and zoning for parcels being located within Orange County's planning jurisdiction in conjunction with the formalization of the Orange-Alamance county line. Michael Harvey said this is with regard to the extension of existing zoning and land use designations for eleven properties along Eliza Lane. He referenced the map in the Commissioners' packets. He reviewed the map and the Planning Director's recommendations. Commissioner Dorosin referred to the map and asked if the section outlined in yellow is part of the existing parcels immediately to the right. Michael Harvey said yes, and he distinguished the existing and previous county line. A motion was made by Commissioner McKee, seconded by Commissioner Price to: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Decide accordingly and/or adopt: a. Attachment 3 — Resolution Amending the Comprehensive Plan Future Land Use Map b. Attachment 4 — Resolution Concerning Statement of Consistency of a Proposed Zoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive Plan c. Attachment 5 —An Ordinance Amending the Orange County Zoning Atlas authorizing the zoning and land use map amendments as detailed herein. VOTE: UNANIMOUS Commissioner Price noted that for this public hearing, as well as another item, there is a statement that people with physical disabilities who want to attend need to give 48 hours notice. She said she would like to see something that sounds more inviting than this and she hopes that if someone wants to attend within 24 hours, that the Board could accommodate them. Chair Jacobs suggested that the Clerk's office look into this. 7. Regular Agenda a. Approval of Fiscal Year 2013-14 Budget Ordinance, County Grant Projects, and County Fee Schedule The Board considered approving the Fiscal Year 2013-14 Budget Ordinance, County Grant Projects, and County Fee Schedule. Chair Jacobs noted the white sheet at the Commissioners' places, which outlines some changes to this item. Clarence Grier reviewed the attachments as well as highlights from the following ordinance: Fiscal Year 2013-14 Budget Ordinance Orange County, North Carolina Be it ordained by the Board of Commissioners of Orange County Section I. Budget Adoption There is hereby adopted the following operating budget for Orange County for this fiscal year beginning July 1, 2013 and ending June 30, 2014, the same being adopted by fund and activity, within each fund, according to the following summary: Current Interfund Fund Total Fund Balance Revenue Transfer Appropriated Appropriation $181,497,08 General Fund 1 $1,046,300 $5,190,118 $187,733,499 Emergency Telephone Fund $486,022 $0 $69,789 $555,811 Fire Districts Fund $4,712,415 $0 $0 $4,712,415 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 Operating Fund $213,000 $103,050 $0 $316,050 Revaluation Fund $0 $125,000 $66,444 $191,444 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 Operations Enterprise Fund $7,760,048 $0 $5,596,423 $13,356,471 Sportsplex Enterprise Fund $2,882,210 $376,450 $0 $3,258,660 Community Spay/Neuter Fund $58,500 $0 $18,100 $76,600 Article 46 Sales Tax Fund $2,639,000 $0 $0 $2,639,000 Section II. Appropriations That for said fiscal year, there is hereby appropriated out the following: Function Appropriation General Fund Governing and Management $15,981,211 General .Services $8,669,540 Community and Environment $7,103,245 Human Services $31,459,113 Public Safety $21,445,378 Culture and Recreation $2,495,908 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 Total Emergency Telephone System Fund $555,811 Fire Districts Cedar Grove $204,527 Greater Chapel Hill Fire Service District $281,144 Damascus $82,329 Efland $473,961 Eno $572,361 Little River $172,989 New Hope $537,516 Orange Grove $454,823 Orange Rural $937,032 South Orange Fire Service District $509,684 Southern Triangle Fire Service District $164,905 White Cross $321,144 Total Fire Districts Fund $4,712,415 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 Program) $132,725 Community Development Fund (HOME Program) Human Services $677,203 Total Community Development Fund(HOME Program) $677,203 Community Development Fund (Homelessness Partnership Program) Human Services $100,525 Total Community Development Fund(Homelessness Program) $100,525 Total Community Development Fund Programs $910,453 Efland Sewer Operating Fund Community and Environment $316,050 Total Efland Sewer Operating Fund $316,050 Revaluation Fund General Services $191,444 Total Revaluation Fund $191,444 Visitors .Bureau 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 Total School Construction Impact Fees Fund $1,040,000 Solid Waste/Landfill Operations Solid Waste/Landfill Operations $13,356,471 Total Solid Waste/Landfill Operations $13,356,471 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 Sales Tax Fund $2,639,000 Section III. Revenues The following fund revenues are estimated to be available during the fiscal year beginning July 1, 2013 and ending June 30, 2014, to meet the foregoing appropriations: Function Appropriation General Fund Property.Tax $139,733,522. Sales Tax $17,190,148 Licenses & Permits $313,000 Intergovernmental $13,703,850 Charges for Services $9,654,843 Investment Earnings $105,000 Miscellaneous $796,718 Transfers from Other Funds $1,046,300 Appropriated Fund Balance $5,190,118 Total General Fund $187,733,499 Emergency Telephone System Fund Charges for Services $486,022 Appropriated Fund Balance $69,789 Total Emergency Telephone System Fund $555,811 Fire Districts Property.Tax $4,711,761 Investment Earnings $654 Appropriated Fund Balance $0 Total Fire Districts Fund $4,712,415 Section.8 (Housing)..Fund Intergovernmental $4,256,839 From General Fund $97,194 Total Section 8 Fund $4,354,033 Community Development Fund (Urgent Repair Program) From General Fund $132,725 Total Community Development Fund(Urgent Repair $132,725 Program) Community Development Fund (HOME Program) Intergovernmental $621,473 From General Fund $55,730 Total Community Development Fund(HOME Program) $677,203 Community Development Fund(Homelessness Partnership Program) Intergovernmental $61,320 From General Fund $39,205 Total Community Development Fund(Homelessness Partnership Program) $100,525 Total Community Development Fund Programs $910,453 Efland Sewer Operating Fund Charges for Services $213,000 From General Fund $103,050 Total Efland Sewer Operating Fund $316,050 Revaluation Fund From General Fund $125,000 Appropriated Fund Balance $66,444 Total Revaluation Fund $191,444 Visitors .Bureau Fund Occupancy Tax $1,028,000 Sales & Fees $501 Intergovernmental $205,726 Investment Earnings $500 Appropriated Fund Balance $20,000 Total Visitors Bureau Fund $1,254,727 School Construction Impact Fees Fund Impact Fees $1,040,000 Total School Construction Impact Fees Fund $1,040,000 Solid Waste/Landfill Operations Sales & Fees $5,377,347 Intergovernmental $197,000 Miscellaneous $187,705 Licenses & Permits $103,000 Interest on Investments $25,500 General Fund Contribution for Sanitation Operations $1,869,496 Appropriated Reserves $5,596,423 Total Solid Waste/Landfill Operations $13,356,471 Sportsplex Enterprise Fund Charges for Services $2,882,210 From General Fund $376,450 Total Sportsplex Enterprise Fund $3,258,660 Community Spay/Neuter Fund Animal Tax $31,000 Intergovernmental $25,000 Miscellaneous $2,500 Appropriated Fund Balance $18,100 Total Community Spay/Neuter Fund $76,600 Article 46 Sales Tax Fund Sales Tax Proceeds $2,639,000 Total Article 46 Sales Tax Fund $2,639,000 Section IV. Tax Rate Levy There is hereby levied for the fiscal year 2013-14 a general county-wide tax rate of 85.8 cents per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district tax rates are levied as follows: Cedar Grove 7.36 Greater Chapel Hill Fire Service District 15.00 Damascus 8.80 Efland 7.00 Eno 7.99 Little River 4.06 New Hope 9.45 Orange Grove 6.00 Orange Rural 7.36 South Orange Fire Service District 10.00 Southern Triangle Fire Service District 8.80 White Cross 8.80 Chapel Hill-Carrboro School District 20.84 Section V. General Fund Appropriations for Local School Districts The following FY 2013-14 General Fund Appropriations for Chapel Hill-Carrboro City Schools and Orange County Schools are approved: a) Current Expense appropriation for local school districts totals $65,079,252, and equates to a per pupil allocation of$3,269. 1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is $40,019,098. 2) The Current Expense appropriation to the Orange County Schools is $25,060,154. b) Recurring Capital appropriation for local school districts totals $3,000,000 1) The Recurring Capital appropriation to the Chapel Hill-Carrboro City Schools totals $1,845,000. 2) The Recurring Capital appropriation to the Orange County Schools totals $1,155,000. c) Long-Range (Pay-As-You-Go) Capital appropriation for local school districts totals $3,724,849 1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill- Carrboro City Schools totals $2,290,782. 2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County Schools totals $ 1,434,067. d) School Related Debt Service for local school districts totals $16,632,550. e) Fair Funding appropriation for local school districts totals $988,000. This appropriation is to be split 50/50 between Chapel Hill-Carrboro City Schools and Orange County Schools. f) Additional County funding for local school districts totals $1,921,503 1) School Health Nurses - Total appropriation of $683,706 with $451,651 allocated for Chapel Hill-Carrboro City Schools and $232,055 allocated for Orange County Schools 2) School Social Workers - Total appropriation of $692,283 allocated in the Department of Social Services to provide School Social Workers to Orange County Schools 3) School Resource Officers - Total appropriation of$545,514 allocated in the Sheriff's Department to provide School Resource Officers to Orange County Schools Section VI. Schedule B License In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North Carolina State Statutes, and any other section of the General Statutes so permitting, there are hereby levied privilege license taxes in the maximum amount permitted on businesses, trades, occupations or professions which the County is entitled to tax. Section VII. Animal Licenses A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un- sterilized dogs and a license for un-sterilized cats is $30 per animal. Section VIII. Board of Commissioners' Compensation The Board of County Commissioners authorizes that: • Salaries of County Commissioners will be adjusted by any cost of living increase, any in-range salary increase and/or any other general increase granted to permanent County employees. For fiscal year 2013-14, the approved budget includes a 2% cost of living increase, effective July 1, 2013. • Annual compensation for County Commissioners will include the County contribution for health insurance, dental insurance and life insurance that is provided for permanent County employees, provided the Commissioners are eligible for this coverage under the insurance contracts and other contracts affecting these benefits. • County Commissioners' compensation includes eligibility to continue to participate in the County health insurance at term end as provided below: o If the County Commissioner has served less than two full terms in office (less than eight years), the Commissioner may participate by paying the full cost of such coverage. (If the Commissioner is age 65 or older, Medicare becomes the primary insurer and group health insurance ends.) • If the County Commissioner has served two or more full terms in office (eight years or more), the County makes the same contribution for health insurance coverage that it makes for an employee who retires from Orange County after 20 years of consecutive County service as a permanent employee. If the Commissioner is age 65 or older, Medicare becomes the primary insurer and group health insurance ends. The County makes the same contribution for Medicare Supplement coverage that it makes for a retired County employee with 20 years of service. • Annual compensation for Commissioners will include a County contribution for each Commissioner to the Deferred Compensation (457) Supplemental Retirement Plan that is the same as the County contribution for non-law enforcement County employees in the State 401 (k) plan. For fiscal year 2013- 14, the approved budget continues the County contribution of $27.50 per pay period and implements a County match of up to $46.15 per pay period. Section IX. Budget Control General Statutes of the State of North Carolina provide for budgetary control measures to exist between a county and public school system. The statute provides: Per General Statute 115C-429: (c) The Board of County Commissioners shall have full authority to call for, and the Board of Education shall have the duty to make available to the Board of County Commissioners, upon request, all books, records, audit reports, and other information bearing on the financial operation of the local school administrative unit. The Board of Commissioners hereby directs the following measures for budget administration and review: That upon adoption, each Board of Education will supply to the Board of County Commissioners a detailed report of the budget showing all appropriations by function and purpose, specifically to include funding increases and new program funding. The Board of Education will provide to the Board of County Commissioners a copy of the annual audit, monthly financial reports, copies of all budget amendments showing disbursements and use of local moneys granted to the Board of Education by the Board of Commissioners. Section X. Internal Service Fund - Dental Insurance Fund The Dental Insurance Fund accounts for the receipt of premium payments from the County for its employees and from the employees for their dependents, and the payment of employee claims and administration expenses. Projected receipts from the County and employees for 2013-14 are $441,702 and projected expense for claims and administration for 2013-14 is $441,702. Section XI. Internal Service Fund -Vehicle Replacement Fund The Vehicle Replacement Fund will centralize and account for the purchase and replacement of county vehicles purchased with revenues and funding provided by the Governmental Funds of Orange County (General Fund, Special Revenue and Grants Funds). Projected sources of revenues and funds will be $899,416 of short-term installment financing and internal reserves, and the projected expenses for the purchase of vehicles will be $899,416. Section XII. Agency Funds These funds account for assets held by the County as an agent for other government units, and by State Statutes, these funds are not subject to appropriation by the Board of County Commissioners, and not included in this ordinance. Section XIII. Encumbrances Operating funds encumbered by the County as of June 30, 2013 are hereby re-appropriated to this budget. Section XIV. Capital Projects & Grants Fund The County Capital Improvements Fund, Schools Capital Improvements Fund, Community Development Fund and the Grant Projects Fund are hereby authorized. Appropriations made for the specific projects or grants in these funds are hereby appropriated until the project or grant is complete. The County Capital Projects Fund FY 2013-14 budget, with anticipated fund revenues of $6,036,242, and project expenditures of $6,036,242, is hereby adopted in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2013, and ending June 30, 2014, and the same is adopted by project. The School Capital Projects Fund FY 2013-14 budget, with anticipated fund revenues of $7,653,599, and project expenditures of $7,653,599, is hereby adopted in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2013, and ending June 30, 2014, and the same is adopted by project. The County Grant Projects Fund FY 2013-14 budget, with anticipated fund revenues of $615,596, and project expenditures of $615,596 (see Attachment 3), is hereby adopted in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2013, and ending June 30, 2014, and the same is adopted by project. Any capital project or grant budget previously adopted, the balance of any anticipated, but not yet received, revenues and any unexpended appropriations remaining on June 30, 2013, shall be reauthorized in the 2013-14 budget. Section XV. Contractual Obligations The County Manager is hereby authorized to execute contractual documents under the following conditions: 1. The Manager may execute contracts for construction or repair projects that do not require formal competitive bid procedures, and which are within budgeted departmental appropriations, for which the amount to be expended does not exceed $250,000. 2. The Manager may execute contracts for general and/or professional services which are within budgeted departmental appropriations, for purchases of apparatus supplies and materials or equipment which are within the budgeted departmental appropriations, and for leases of personal property for a duration of one year or less and within budgeted departmental appropriations for which the amount to be expended does not exceed $89,999. 3. Contracts executed by the Manager shall be pre-audited by the Financial Services Director and reviewed by the County Attorney to ensure compliance in form and sufficiency with North Carolina law. 4. The Manager may sign intergovernmental service agreements in amounts under $90,000. 5. The Manager may sign intergovernmental grant agreements regardless of amount as long as no expenditure of County matching funds, not previously budgeted and approved by the Board, is required. Subsequent budget amendments will be brought to the Board of County Commissioners for revenue generating grant agreements not requiring County matching funds as required for reporting and auditing purposes. 6. The Manager and Attorney will provide a quarterly report to the County Commissioners showing the type and amount of each intergovernmental agreement signed by the Manager. This budget being duly adopted this 18th day of June 2013. Frank Clifton said he appreciates the Board's indulgence throughout this process. He said that the number one budget priority was education. He expressed appreciation to the Board for their support of public safety. Chair Jacobs, on behalf of the board, thanked the manager, Clarence Grier and the budget staff for all of their hard work during this budget process. He said there is a tradition of commitment to education in Orange County. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve the Fiscal Year 2013-14 Budget Ordinance, County Grant Projects, and County Fee Schedule, all three being consistent with the parameters outlined in the Board's "Resolution of Intent to Adopt the FY2013-14 Orange County Budget". VOTE: UNANIMOUS b. Approval of the FY2013-18 Orange County Capital Investment Plan and Adoption of the County Capital Projects of$6,036,242 and the School Capital Projects of $7,653,599 for FY2013-14 The Board considered approving the FY2013-18 Orange County Capital Investment Plan, and adopting the County Capital Projects of$6,036,242 and the School Capital Projects of$7,653,599 for FY2013-14. Clarence Grier said this plan includes county, school, propriety (Sportsplex, Solid Waste, Water and Sewer) and special projects. He noted that attachment 1 is a summary of all of the county and school related capital projects. He noted that attachment 2 lists all county projects, and attachment 3 lists the school capital projects. He reviewed the manager's recommendation. A motion was made by Commissioner Gordon, seconded by Commissioner Price to approve the FY2013-18 Orange County Capital Investment Plan, and adopt the County Capital Projects of$6,036,242 and the School Capital Projects of$7,653,599 for FY2013-14. VOTE: UNANIMOUS c. Amendments to Article IV-Employee Benefits, Section 28 of the Orange County Personnel Ordinance The Board considered approving amendments to Article IV-Employee Benefits, Section 28 of the Orange County Personnel Ordinance. Nicole Clark, Orange County Human Resources Director, reviewed the following background information from the abstract: At the June 11, 2013 Board work session, staff presented Pay and Benefits Recommendations for Employees and Retirees. The FY 2013-2014 Manager's Recommended Budget includes an additional County match of up to $1,200 for supplemental retirement benefits for eligible employees. There was some discussion regarding whether or not the County match should be a flat dollar amount or a percentage of employee salary with a dollar cap. Only McDowell and Orange counties contribute a flat dollar amount towards employees' supplemental retirement benefits. Article IV, Section 28 of the Orange County Personnel Ordinance currently states that the County provides $27.50 per pay period to an authorized 457 or 401(k) Plan. The proposed Ordinance amendments state that the County will provide a contribution to an authorized 457 or 401(k) supplemental retirement plan as the Board of County Commissioners provides in the annual budget, and change any reference to the Personnel Department to the Human Resources Department Frank Clifton expressed appreciation, on behalf of the County employees, to the Board for these actions. Chair Jacobs said he hoped the same would be done for the health insurance. Commissioner Gordon asked if the county attorney wanted to modify how this should be stated. John Roberts said since the Board codified ordinances last year, general ordinances should be referred to by article, chapter and title, rather than by a title. He said the attorney's office would work to fix these abstracts to avoid confusion in the future. Commissioner Gordon noted that there is no section 28, and she expressed concern that there is not a glitch. John Roberts said this was a typo in the abstract, and this is an amendment to article 4, chapter 28, personnel. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee with changes to approve amendments to Article IV-Employee Benefits, Article 4, Chapter 28 of the Orange County Personnel Ordinance which states that the County will provide a contribution to an authorized 457 or 401(k) supplemental retirement plan as the Board of County Commissioners provided in the annual budget, with an additional County match of up to $1,200 for supplemental retirement benefits for eligible employees. VOTE: UNANIMOUS a. Refund Requests for Inaccurate Square Footage Calculation The Board considered five taxpayers' refund requests due to inaccurate square footage. Commissioner Rich asked to be recused from this item. A motion was made by Commissioner Dorosin, seconded by Commissioner Price recuse Commissioner Rich from discussion and voting on this item. VOTE: UNANIMOUS Dwane Brinson said there are 5 requests for refunds due to inaccurate square footage. He said these requests are not typical, and under no circumstances does the tax administrator have the authority to approve or release a refund. This must come from the Board. He said these requests have resulted from a variety of issues, such as recent house purchases and use of technology resources. He referenced a school of government advisor, who feels that these refund requests do not qualify because they fail to meet any of the three requirements (1.Clerical error; 2. Illegal tax; or 3. Tax levied for illegal purpose). This opinion is shared by another advisor. He said that the department understands the taxpayers' dilemma, but there is no legal opinion to support approval. For this reason, the Board must decide on the denial or approval of the refund request. He noted that most requests are situations such as an appraiser taxing a finished bonus room or basement that was actually unfinished. He noted that these taxes have now been corrected moving forward, but the taxpayers are requesting refund for bills paid in the past. John Roberts said there are only three legitimate reasons that a county can refund, and this comes closest to clerical error. He cited previous cases that have limited a clerical error to something that is readily apparent on a document, such as a typographical error or transposition of numbers. He said that the statutes also provide that if a refund is issued contrary to the law, each Commissioner who votes in favor could be held personally liable by any resident of the county who decides to sue over that issue. He agrees that this is not a fair situation, but he feels that the Board is legally limited. He said that a refund can be issued and if the Board is sued, a judge can examine it. Commissioner McKee asked if there are any other avenues. Dwane Brinson said taxpayers have the right to appeal each year, but it is not retroactive. John Roberts said one potential avenue is for taxpayers to speak to their legislators. He said the General Assembly can change this law and add a condition allowing the Board of County Commissioners to issue refunds. Chair Jacobs referred to page 20 in the agenda abstract and said the idea of addressing this issue has been part of their legislative agenda for years. Commissioner Pelissier noted that there is going to be a verification of records for the next revaluation. She asked if there is a way to add a note to the tax bills that will encourage taxpayers to review their bills for accuracy. Dwane Brinson answered yes. He said there is an app that can be downloaded to help locate all building information. He said this will help the County have a transparent revaluation process. He said that there will also be door hangers placed at residences when revaluations are done, and owners are not at home. The evaluation findings will be listed and owners will be encouraged to notify the County of necessary corrections. Commissioner Pelissier asked if there will be a new method implemented to avoid errors with new construction. Dwane Brinson staff is aware of the procedures, and this is not a problem with new construction. He said past practices are being remedied to the best of their ability. Commissioner Dorosin said one goal is that taxpayers concerns can be challenged through the equalization and review process. He noted that several of the letters stated that the taxed square footage does not show up on the bill. He asked if this can be changed to give proper notice. Dwane Brinson said it is not possible to put it on tax bills, but reference can be given to encourage taxpayers to review their property with the new ARIES application and the county website. Frank Clifton noted that taxes are often paid by banks rather than homeowners and he said that one idea is to work with banks and put out public notices to inform people of the new process and encourage them to check the links Commissioner Dorosin asked if an insert can be included in the bill to taxpayers with this information. He said that the county should provide these refunds to these individuals. He said taxing people for property they don't own is illegal and there is recourse for these residents to file a lawsuit under the statute. Commissioner Gordon said the information states refunds cannot be given for a judgment error. She understands that it does not seem fair, but it is a difficult situation because the Board of County Commissioners can be personally liable if a refund is given. She feels that efforts should be renewed to change the law. Commissioner McKee agreed with Commissioner Gordon, and he feels the Board should lobby their legislators. He said he is not inclined to disagree with the School of Government or John Roberts' advice. Commissioner Pelissier said the situation is very unfortunate. She said that she recently looked up her taxes and discovered she has also been paying taxes on an extra 500 square feet. She said she is not inclined to go against legal counsel on this issue. She feels that efforts need to be made to educate residents on the need to evaluate their property. Dwane Brinson said it is a much more fluid process with community involvement and feedback. Chair Jacobs noted that, prior to cost cuts, there were inserts in the tax bills. He suggested that the County go back to having an insert in tax bills telling residents how to look up the square footage measurements. Chair Jacobs said this issue comes up periodically to the Board of County Commissioners. He said that while he personally feels a law may be unjust, he cannot ignore legal counsel. He asked if every tax bill could include a juxtaposition of words that would qualify under one of the three criteria to allow for refunds in the event of a legitimate error. John Roberts said if this kind of intentional action were taken, then the personal liability could still come into play. Frank Clifton said that if a tax payer has an error it is corrected going forward; however, there are no retroactive refunds. Commissioner Dorosin said he does think that the law is what a judge says it is, though there can be disagreements about what it stands for. He does not think the Board is as strictly bound as has been stated and he feels he could defend this. Commissioner Dorosin made a motion to offer refunds as requested by taxpayers, as listed and refund the $20,056.54. There was no second. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to deny requests for refunds. VOTE: 5-1 (Commissioner Dorosin) Commissioner Rich recused. e. Contract Award for Professional Design Services for the Northern Human Services Center Community Center Project Jeff Thompson said this is an item that was deferred from June 4th and is coming back with more background information, as well as a charge for the work group. He said that the primary background information is contained in attachment 2, and a charge has been drafted for the informal resident design advisory group, regarding space programming and design activities. This includes information from the 2012 public input process regarding features within the 10,000 square foot space. He reviewed the background section of the abstract and noted several key points: 1. In November 2012 the Board of County Commissioners authorized moving forward with a 10,000 square foot adaptive re-use community center with a deconstructed classroom wing set, that honors the cultural and historical significance of the property. 2. In a board work session held on April 16, 2013, the Board requested the designer provide a conceptual feasibility analysis for the classroom wings not being de- constructed. This is outlined in attachment 6. 3. Any approval of an alternate agreement for services may establish an expectation for the facility that could result in additional cost for the facility that would need to be appropriated outside of the current capital investment plan. 4. The current septic system can sustain 2,400 gallons per day which will accommodate a community center size of 10,000 square feet. 5. The proposed informal advisory group has achieved a reasonable consensus on community center programming and construction methods. He reminded the Board of the dates of the two community input meetings and referenced pages 3 and 4 of the packet, which outline the public input from the March 19th session. He noted the consensus on the uses of the facility in a 10,000 square foot footprint. He said there were mixed feelings regarding re-use versus "memorialization". He referred Commissioners to the list on page 4 regarding the areas of strong opinion and the consensus items regarding use. He reviewed the information on page 5 of the abstract, regarding the meeting on September 25th. He noted that this group overwhelming sided with an adaptive re-use method of construction. He reviewed the blueprints on page 6. He said that the volunteer group can take the charge and begin meeting this week. He introduced John Thomas, with MBAJ Architects. Chair Jacobs pointed out the decision points summarized on page 10 and said there was a choice to be made between #4 and #5: #4 Consider awarding a contract for professional services to MBAJ Architects, Inc. from Raleigh, NC, for the not-to-exceed amount of$167,500 for the architectural and engineering design work associated with the Northern Human Services Center Community Center project; or #5 Consider awarding a contract for professional services to MBAJ Architects, Inc. from Raleigh, NC, for the not-to-exceed amount of$208,300 for the architectural and engineering design work associated with the Northern Human Services Center Community Center project, including the programming and schematic design of potential alternatives that would preserve the classroom wings for either deferred use ("mothball"), open air "pavilion" use, or full use. Commissioner Gordon referred to the page for the charge. She said she had asked for the cost of the three alternates, and she reviewed these. She suggested that perhaps there is a middle ground between the contract in #4 and #5, since #5 has three options, and not all of them have to be selected. She noted that the interest began as interest in deferred use. Chair Jacob said the charge is on page 200. Frank Clifton said the contracts are created with a "not to exceed" cost, so if fewer options are selected, the rates may be less than that amount. He also noted that these are hourly rates. Commissioner Pelissier referred to the option of a pavilion and asked if there was a risk that there may be things under the building that would be problematic. Jeff Thompson said there is rain runoff that is overflowing and impacting the existing septic system. He said that the advantage to bringing the wings down is that this problem will be corrected. Chair Jacobs said this was discussed at agenda review, and the Commissioners had authorized a certain level of funding. He said was a limit to the septic system. He said the Board did not want to put staff in an awkward position and it was advised that a Commissioner attend to express to the public the support, alternatives and constraints outlined by the Board. Commissioner Price asked if other Board of County Commissioners can attend the meeting and Chair Jacobs said this is not a problem. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to: 1) Approve the suggested Charge for the Northern Human Services Center Resident Design Advisory Work Group; 2) Award a contract for professional services to MBAJ Architects, Inc. from Raleigh, NC, for the not-to-exceed amount of$173,500 for the architectural and engineering design work associated with the Northern Human Services Center Community Center project, including the programming and schematic design of one potential alternate that would preserve the classroom wings for deferred use ("mothball"); and 3) Authorize the Manager to sign the chosen contract on behalf of the Board. VOTE: UNANIMOUS f. Orange County Bus and Rail Investment Plan Implementation — Staff Follow-Up The Board considered and compiled comments on the materials presented by Triangle Transit at the May 21, 2013 meeting and identified Orange Public Transit (OPT) bus route service options for public outreach and input. Craig Benedict noted the presence of David King and John Talmadge from Triangle Transit Craig Benedict said the purpose is a follow up to the May 21 Board of County Commissioners meeting. He reviewed information contained in the following PowerPoint slides: Orange County Bus and Rail Investment Plan Implementation June 18, 2013 Purpose 1. Transmit formal BOCC comments (Attachment 4); 2. Transmit Manager and Planning staff comments (Attachment 5); 3. OPT service options (Attachment 6, Part A); 4. Present service options for TT's Mebane-Efland-Hillsborough-Durham regional express route (Attachment 6, Part B); and 5. Pursue a modified public outreach schedule (Attachment 7). BOCC Comments A) Financial Summary/Budget Format B) 1. Mebane to Durham Route — US 70 Rural Access 2. LRT Project Development Cost Range $30-$36M, C-2 Preferred 3. Route Information — Shared 4. Hillsborough Train Station 5. Transit Planning and Land Use (Especially Mid County East-West Route) Manager/Staff Comments • Any overages in revenue are banked for "new" allocation decisions by 3-party Inter- local Agreement. • OCBRIP tracking • Early budgeting to align with FY decisions • Attachment 5 OPT Apportionment FY 13-14 • Totals Revenues for Bus $736,250 • OPT 12% Share $88,350 • Maximum Existing Services Funds $47,280 (BOCC Feedback) • Minimum New/Enhanced Services Funds $41,070 Options for New/Enhanced and Existing OPT Bus Service • New Northern Human Services Center Peak Hour Shuttle • 420 Mid-day from Hillsborough to Chapel Hill - Existing services - Enhanced services • `New' Hillsborough Circulator - Existing services - Enhanced services • New Mebane-Efland-Hillsborough-Durham/Duke Express - Full route by TT or contract to OPT - Hillsborough to Duke 1/2 route by TT - Mebane to Efland to Hillsborough 1/2 route by OPT - Full-day (14-hr.) or Peak-hour (8-hr.) service Public Outreach Schedule to Implement Options for New and Enhanced OPT & TT Bus Services • Pursue Triangle Transit's proposed schedule and implement in approximately 9 months (March 2014); OR • Pursue a modified schedule to implement service in approximately 6 months (January 2014) Annual Uncommitted Portion of OPT 12% Share (Draft) — bar graph TT Materials Attachment 8 • Durham/Orange BRIP Overview • FY 14 Draft Budget and Staffing Plan • Draft Project Development Scope of Work Craig Benedict noted that there is more detailed information on comments and clarification of issues included in the salmon colored attachment sheet for this agenda item. When referring to the OPT Apportionment slide, he noted that of the $736,250 in revenue, OPT has a 12% share, Triangle Transit will have a 24% share, and Chapel Hill transit will have a 64% share. Referencing the Options for New/Enhanced and Existing OPT Bus Service slide, he noted that these are only options and will be presented to the public as such. He noted that the abstract also includes a 50 page draft budget and staffing plan. Commissioner Rich asked about the attendance from the past transportation public hearings. Craig Benedict said both the County and Triangle Transit hosted meetings to discuss the plan, and there were an average of about 50 residents last fall. He said it has slowed down since then. The intent of this agenda item is to go out to the public again to see what their needs are now, in light of this proposed plan. He referenced the colored maps in the abstract and said this gives a picture of the employment data for Duke Hospital employees in the Mebane and Graham area. He said this includes over 1,500 people in just these two small zip codes. He said this shows that there are certainly people that live in the east west corridor whose input is needed. Commissioner McKee said Craig Benedict mentioned outreach meetings in Mebane and Efland, but this is not mentioned in abstract. He feels that Eno is a key component, due to the high number of people working at Duke who would use this service. Craig Benedict said staff is recommending meeting in Efland Cheeks, Mebane and Hillsborough and this is embedded in attachment 7. Commissioner Pelissier said, having just received staff questions and responses from Triangle Transit tonight, it is difficult for board members to digest all of the information. She would like to request, for the future, that comments be provided ahead of time in order to read and digest. With regard to the process for deciding routes, she would like to see a proposal that has been worked out between both Orange County staff and Triangle Transit staff. Chair Jacobs noted that attachment 7 is on page 45, and this flushes out the updated scheduling. Commissioner Price said she is concerned about the outreach. She has attended a couple of the open houses in Hillsborough and there were more staff than residents. She feels these should be held a more accessible area in the community to increase resident attendance. She suggested a location in the areas or communities where bus stops are proposed. Commissioner Rich she agreed with Commissioner Pelissier. She said she is more familiar with the portion of the plan in Chapel Hill; yet she felt she was bouncing around while reading the agenda. She would like to have the information more fleshed out and organized. Craig Benedict said he agreed that the information is confusing. He said that there will be efforts made over the summer to organize the comments. Commissioner Price asked where things stand with the bus between Mebane and Durham. She asked if this will be an express route or a local bus. Craig Benedict said the intent of the outreach sessions is to ask these questions. Commissioner Price said that citizens have already expressed a desire for more stops along the way. John Talmadge from Triangle Transit Authority (TTA) said there has not been a joint meeting with Orange County staff since May 21St. He said TTA looks forward to meeting with staff to proceed with this process. He said TTA is ready to work through the issues in order to get proposals to the Board of Commissioners in a timely manner. Commissioner Gordon questioned what needs to be done tonight. She noted that there are Board of County Commissioners and staff comments and TTA has provided responses to some of these, which addresses items 1 & 2 of the stated purpose. She asked about the coordination between county staff and TTA regarding service options and public outreach. She asked, regarding 3 & 4, how this will move forward in the summer. She said that her understanding is that the goal for purpose 5 is to begin service in January 2014. Commissioner Gordon said if the Board moves forward with the proposal on page 8 in attachment 2 (program management team) she feels that Chapel Hill Transit should be listed in addition to Triangle Transit, OPT and the others already listed. She also questioned the hourly costs and the differing OPT costs listed. Craig Benedict answered her last question first and said that the Orange County Bus and Rail Investment plan estimated money to cover service at $58 per hour. He said that if the number is drilled down to specific service OPT can do it for roughly $43 per hour. He said there has been a lot of work done with finance to make sure proper overhead is available. If service can be provided at the lower rate, then it may open the door for more service. Commissioner Gordon said $58 per hour is less expensive than the amount charged by other transit providers. She said that if all of the overhead is counted, she does not see how it can be done for less. Craig Benedict said, regarding items 1 and 2, the responses and questions need to be nailed together to everyone's satisfaction. He said item 3 gives options and asks the Board if staff should move forward with discussions with the public over the summer. He said that, regarding item 4, staff has received feedback from the Board of County Commissioners to move forward with outreach to meet the community to discuss the different east/west route options. He said that the question is whether these routes are brought back for approval in late fall or in late January. Chair Jacobs said he agreed that this was a confused document that is not well coordinated. He suggested that the outreach meetings are in a public meeting place, such as Town Barn or somewhere with good access. He sees no point in 1 and 2, as the comments have already been transmitted and this is after the fact and unnecessary. He said that for#3, the public outreach discussions simply need to be approved. He said that#4 is really approving the presentation of service options for the regional express route. He said he has no opinion of the schedule in #5. He feels that staff should come back in the fall about resident comments in coordinating the schedule. Chair Jacobs said there needs to be some direction to both groups that there should be coordination and synthesis between Triangle Transit and Orange County staff. He said that right now, there is nothing that ties these two together, other than a paper statement. He said it is not easy to digest this information tonight so quickly. He would prefer to hear more from the public before implementation decisions are made by the Board of County Commissioners. His suggestion would be to approve #3, #4, #6, requesting coordination and synthesis between Triangle Transit and Orange County and request staff to come back in fall with implementation timeline. Commissioner McKee agreed with Chair Jacobs. He said he is ready to make this motion, and he feels it is definitely premature to approve service options before presentations are made to the public. Commissioner Pelissier agreed with comments made by Chair Jacobs, and she asked if the Board had endorsed this process on May 21St. She questioned why staff was not already working together to create survey tools and public meeting materials. She said the Board needs to be very clear about giving direction so no more time is wasted. Commissioner Pelissier said that suggestions from staff about proposed implementations need to take into account cost and the money available. She said that service options need to be left open for input from both Triangle Transit staff and residents. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to: 1. Approve public outreach discussions, as per Attachment 6, Part A; 2. Approve presenting service options for Triangle Transit's Mebane-Efland- Hillsborough-Durham regional express route; 3. Request coordination and synthesis between Orange County and Triangle Transit staff, based on addressing Board of County Commissioners' comments, Orange County staff analysis and Triangle Transit responses; and 4. Request staff to come back in the fall with a proposed schedule for implementation based on public comment, data analysis and other relevant factors. Commissioner Gordon asked to add a friendly amendment adding Chapel Hill Transit to page 8 and page 45. Chair Jacobs said that staff would be directed to add this as a technical amendment and not part of the motion. VOTE: UNANIMOUS 8. Reports NONE 9. County Manager's Report Frank Clifton mentioned a follow up regarding discussions with Commissioner McKee, Chair Jacobs and Commissioner Dorosin about an affordable housing activity database. He said there was a request for Chair Jacobs to provide a letter to the mayors for staff assistance about data from housing. He noted that he and Chair Jacobs met with Senator Burr's staff representative Mike Fenley. He said the representative offered assistance in dealing with federal issues and Chair Jacobs provided information on the impact of sequestration on Orange County. 10. County Attorney's Report John Roberts said the legislature ratified House Bill 120, which limits county inspections authority. He said he will have a report on this and others coming soon. 11. Appointments a. Adult Care Home Community Advisory Committee —Appointment The Board considered making an appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint Dr. Beverly Foster to a one year training term that will expire 06/30/2014. VOTE: UNANIMOUS b. Affordable Housing Advisory Board —Appointments The Board considered making appointments to the Affordable Housing Advisory Board. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to appoint Diane Beecham to a second full term, expiring 06/30/2016 in position #10-At-Large. VOTE: UNANIMOUS A motion was made by Commissioner Dorosin, seconded by Commissioner Price to appoint James R. Stroud, to a second full term expiring 06/30/2016, in position #13-At-Large. VOTE: UNANIMOUS A motion was made by Commissioner Dorosin, seconded by Commissioner Price to appoint Angel Kent to a first full term expiring 6/30/2015 in position # 6-At-Large. VOTE: UNANIMOUS A motion was made by Commissioner Dorosin, seconded by Commissioner Price to appoint Rhea Wyse to a first full term expiring 6/30/2015 in position # 9-At- Large. VOTE: UNANIMOUS c. Orange County Alcoholic Beverage Control (ABC) Board —Appointment The Board considered making an appointment of the Chair to the Orange County Alcoholic Beverage Control (ABC) Board. A motion was made by Commissioner McKee, seconded by Commissioner Gordon to appoint Keith Cook as Chair to the Orange County Alcoholic Beverage Control (ABC) Board for one year. VOTE: UNANIMOUS d. Animal Services Advisory Board —Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Gordon, seconded by Commissioner Rich to appoint Judy Miller to a first full term expiring June 30, 2016, in position # 9-Animal Advocacy. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Rich to appoint Jenn Merritt to a first full term expiring June 30, 2016, in position # 12, Animal Handler. VOTE: UNANIMOUS A motion was made by Commissioner Gordon seconded by Commissioner Rich to appoint Dr. DeWana Anderson effective July 1, 2013 to a first full term expiring June 30, 2016, in position # 2, Veterinarian. VOTE: UNANMOUS A motion was made by Chair Jacobs, seconded by Commissioner McKee to appoint Marshall Morris to position #7 —to a first full term expiring June 30, 2016. VOTE: UNANIMOUS e. Orange County Arts Commission —Appointments The Board considered making appointments to the Orange County Arts Commission. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Christopher Wehrman to a first partial term expiring 03/31/2014, in position # 9, At- Large. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Deborah Hepp to a first full term expiring 03/31/2016, in position # 15, At-Large. VOTE: UNANIMOUS Chair Jacobs said that this board needed to focus on recruiting more diversity for this board. f. Board of Health —Appointments The Board considered making appointments to the Board of Health. A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint Matthew Kelm for a second full term expiring 06/30/2016, in position # 2, Pharmacist. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint Dr. Carol Haggerty, DDS, MPH, to a second full term expiring 06/30/2016, in position # 9, Dentist. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint Dr. Paul Chelminski to a second full term expiring 06/30/2016, in position # 10, Physician. VOTE: UNANIMOUS g_ Human Relations Commission —Appointments The Board considered making appointments to the Human Relations Commission. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Joyce Christine Preslar to a first full term as an at-large representative-expiration date 06/30/2016. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Dr. Preston Scott Phillips to a first full term as a Town of Chapel Hill representative- expiration date of 06/30/2016, contingent on the concurrence of the Chapel Hill Town Council. (This will be on the agenda for the Chapel Hill Town Council meeting on June 24, 2013) VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Dr. Cynthia Stubbs to a first full term as an at-large representative-expiration date 06/30/2016. VOTE: UNANIMOUS Chair Jacobs noted that that the Town of Carrboro has two vacancies that have not been filled for some time, and he will write a letter to the Mayor in reference to this. h. Orange County Juvenile Crime Prevention Council The Board considered making a Commissioner appointment to the Orange County Juvenile Crime Prevention Council. A motion was made by Commissioner Gordon, seconded by Commissioner Rich to nominate Commissioner Pelissier as a member and Commissioner Dorosin as an alternate member to the Orange County Juvenile Crime Prevention Council. VOTE: UNANIMOUS L Orange County Nursing Home Community Advisory Committee —Appointment The Board considered making an appointment to the Orange County Nursing Home Community Advisory Committee. A motion was made by Commissioner Price, seconded by Commissioner Gordon to appoint Dr. Mary Ann Peter to a first full term expiring 06/30/2016. (Dr. Peter's one year training term will expire 06/30/2013), position # 10-At-Large. VOTE: UNANIMOUS L Orange Unified Transportation Board —Appointment The Board considered making an appointment to the Orange Unified Transportation Board. A motion was made by Commissioner Price, seconded by Commissioner Gordon to appoint Gary Saunders to a first term as Orange County Commission for the Environment representative, ending 09/30/2015, position # 10. VOTE: UNANIMOUS k. OWASA A motion was made by Commissioner Price, seconded by Commissioner McKee to nominate Commissioner Rich and Chair Jacobs as members of the OWASA Committee. VOTE: UNANIMOUS 12. Board Comments (Three Minute Limit Per Commissioner) Chair Jacobs noted that many members wanted to act on things before the break; therefore he is willing to entertain motions under board comments Commissioner Gordon, said this should only happen in the case of emergencies, not for regular action items. Commissioner Pelissier said the Partnership to End Homelessness is starting to look at emergency sheltering needs. She said this has not been happening because the partnership has been in the process of creating a new revised plan, which will be presented this fall. Commissioner Dorosin said he sent an email earlier in the day, regarding Rogers Road. He said there has not been time for a detailed discussion yet, and the task force will be meeting while the Board is on break. He suggested that it would be helpful to the task force if the Board could give them some general guidance on providing sewer infrastructure to this area. He suggested taking some limited action tonight to help keep things moving forward. He referenced a resolution on a pink sheet being put before the Commissioners. He feels that a commitment was made to support this neighborhood and this can be furthered by adopting a general resolution to participate in providing funding for sewer infrastructure once plans are reviewed and approved. Commissioner Dorosin made a motion, seconded by Chair Jacobs, for the creation of a resolution with a change in the resolve clause- following the word "determined" in line 2- to read, "to participate in providing funding for the construction of sewer..." Chair Jacobs said since the Board has an information report on the agenda he felt this is relevant for tonight. Commissioner Pelissier said she has the same reservations as Commissioner Gordon and she does not recall this happening while she has been on the board. She said she does not approve of making motions during board comments, as this is not a transparent process. Commissioner Gordon said the Board should let the task force complete the charge as it was given. She also noted the possible investigation of the EPA of Orange County, and said she feels that the Board needs to show restraint, as advised by the County Attorney, with regard to authorizing expenditures. John Roberts said he has no comment on this. Commissioner McKee said he believes this is premature, and he would not be able to support it. Commissioner Price said the Rogers Road task force had a very good meeting last week. She said that the fact that Board members attend these task force meetings and respond to questions and concerns has shown the group that the Board is committed to doing the work. Commissioner Rich said she cannot vote for this because it is premature. She said that the Board of County Commissioners has not had a chance to discuss all of the options. She suggested a work session in September to discuss all of the options. Commissioner Dorosin said this is not voting on plans, but is simply showing a collective Board commitment to sewer infrastructure. He said this does not preempt discussions about options, was a way to reinforce Orange County's support. He also noted that this is not an expenditure of any funds of any kind. Chair Jacobs said he seconded so that Commissioner Dorosin could have an opportunity to express his opinions. He said that, since the Board does not meet for two months, there is no time to review petitions until late summer. He agreed in general that this is not the best way; however he wanted Commissioner Dorosin to state his case. A motion was made by Commissioner Dorosin, seconded by Chair Jacobs to approve the proposed resolution from Commissioner Dorosin entitled "RESOLUTION OF COMMITMENT TO FUTURE FUNDING FOR SEWER INFRASTRUCTURE TO BENEFIT THE HISTORIC ROGERS ROAD-EUBANKS NEIGHBORHOOD" with the proposed change from Chair Jacobs. VOTE: Ayes, 2 (Commissioner Dorosin and Chair Jacobs); Nays, 5 (Commissioner Price, Commissioner McKee, Commissioner Gordon, Commissioner Pelissier, and Commissioner Rich) MOTION FAILED Commissioner McKee noted that the ABC Board is closely watching what the County is doing with health insurance because it will directly affect them, as this board is part of the County insurance policy. Commissioner Price re-iterated her comments about progress in the meetings on Rogers Road. She said she has also had some conversations with teens in the community and the director of the Rape Crisis Center. She feels there is a lot of work to do in the community and schools to make sure that children are protected. She expressed her appreciation for the Board members who have helped get here acclimated as a new Commissioner. Commissioner Gordon reported on the meeting of the Durham-Chapel Hill- Carrboro MPO Transportation Advisory Committee (DCHC MPO TAC). She said the group continues to have concerns about the strategic mobility formula. She said the Durham Chapel Hill Carrboro MPO is revising their MOU, and this has been sent to the managers. She would like for this to be distributed through various packets to all Board of County Commissioners. Commissioner Gordon said she attended the Durham-Chapel Hill Orange Work group, which included an update on the Orange and Durham Bus and Rail Investment plan. She said that part of the budget process requires an environmental impact statement and the federal government is only allowing 24 months for completion. She said the desire is to get started on things to prepare for this in order to complete this in a timely manner. She said that the budget will allocate $5 million to complete parts of the environmental impact process. Commissioner Rich said the Rogers Road Community is excited about the new community center and she wants to encourage that movement. She said that she and Frank Clifton met with an ad hoc committee about the Visitors Bureau moving to a new location. She said there are efforts being made to talk to other counties with similar makeup and see where these counties stand on location. She noted that visitors are down and it is unsure whether this is due to the economy or the improvement in electronic availability. Chair Jacobs noted the need for more parking area at the Visitors Bureau. Chair Jacobs said he and Frank Clifton met with Mike Fenley, Representative from Senator Burr's office, and reviewed the same issues as previously discussed with Congressman Coble and Congressman Price- economic development, agriculture and program cuts. He noted that all of the Board members are signed up to get newsletters from Senator Burr. Chair Jacobs heard today from DOT representatives that the legislature is cutting out all DOT discretionary funding. He said this includes economic development projects currently being done in Orange County. He said Mike Mills said funding would be found for this project. Chair Jacobs said the Board will make sure that notices are sent out on the Northern Human Services Center meetings. Chair Jacobs noted the legislature's decision to eliminate the County share of the sales tax on food and offering the opportunity to re-institute it independently as a County. He thanked the Commissioners for their work. 13. Information Items • June 4, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Monthly Enforced Collections • Memorandum Regarding Ban the Box • Memorandum Regarding Future Southern Branch Site Selection Analysis • BOCC Chair Letter to the Town of Chapel Hill Regarding Affordable Housing Associated with Transit • BOCC Chair Letter Regarding Petitions from June 4, 2013 Regular Board Meeting • Update on the Progress and Options from the Historic Rogers Road Neighborhood Task Force Regarding a County Water and Sewer District 14. Closed Session NONE 15. Adjournment A motion was made by Commissioner Rich, seconded by Commissioner Price to adjourn the meeting at 10:35 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board