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HomeMy WebLinkAboutMinutes 09-17-2013 APPROVED 11/5/2013 BOARD OF COMMISSIONERS REGULAR MEETING September 17, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 17, 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, Cheryl Young 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 noted that there was one proposed addition to the agenda. He referenced the aqua sheet labeled "Item 5-n — Employment Agreement for Michael Talbert— Interim Orange County Manager". Chair Jacobs said there was also a suggestion to remove Item 4-d, Review of Proposed Operations Agreement for the Rogers Road Community Center due to a large number of last minute edits to a legal document. He would like to refer this item to the staff attorney for review. A motion was made by Commissioner McKee, seconded by Commissioner Rich to add "Item 5-n — Employment Agreement for Michael Talbert— Interim Orange County Manager". to the agenda and Table Item 4-d - Review of Proposed Operations Agreement for the Rogers Road Community Center and refer to the County Attorney. Commissioner Dorosin asked what the process would be if item 4-d were removed and if a timetable could be suggested for bringing this item back. Commissioner Pelissier asked for clarification on the last minute changes. Chair Jacobs said the Board received a large number proposed changes to the agreement that morning from attorneys representing RENA. He said it seems inappropriate to go through a legal document without legal analysis. He hopes the Board could have this item on the October 1St meeting agenda. He said the Board also has a sheet for bids on the center, which are grossly out of line with what was anticipated. He said there will need to be discussion on changes moving forward. Commissioner Price asked how and where to submit further questions regarding this item. Chair Jacobs said questions should be submitted to either Michael Talbert or John Roberts. Commissioner Pelissier asked if this means the process will start over with a new operational agreement. Chair Jacobs said it is up to RENA to get with their own attorney regarding what is being proposed. He said this may require a meeting of the attorneys. Commissioner Rich said she had questions about this item prior to the edits. She questioned whether she should base her questions on the agenda item in the packet or on a new agenda item later on. John Roberts said he would recommend waiting until there is a new document, as there are a significant number of changes. Commissioner Rich asked how the Board will differentiate what was in the original document and what was not. John Roberts said he would suggest the Board start over fresh since this will virtually be a new document. Commissioner Price asked if this will have any effect on the opening date for the center. Chair Jacobs said it is the goal of the Board of County Commissioners not to delay this, but there are unanticipated issues. He said there may have to be new bidding and design discussions, but the Board will move this forward as quickly as possible. He said the Board has accountability to certain fiduciary responsibilities. VOTE: UNANIMOUS Chair Jacobs reviewed the following additional items at the Commissioners' places: - Yellow sheet- Comparison for Item 7-a — "Employee Benefits and Recommendations for Calendar Year 2014" - Blue Sheet for Item 9- County Managers report regarding the Community Center - Pink Sheet- List of recipients for Item 4a- "Orange County Arts Grant Recipients" PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Don O'Leary said our founding fathers went out for five weeks of intense prayer before writing the constitution, and our nation was founded on these values. He said ICLEI was assembled by the UN to write Agenda 21 and these folks pray to Lucifer. He said Orange County is involved with these people who want to remove property rights using the environment as a tool. He asked the Board to reconsider their involvement with ICLEI. Terry Rekeweg is a transportation engineer who has been involved in planning for passenger rail service in the Triangle. He has proposed a revision to the Durham/Orange County light rail project. He referred to a map showing the middle portion where changes would be made. He said this change would provide an estimated cost savings of$400 million and would increase safety for vehicles and pedestrians. He said this change would also serve a larger low income area. He said it would have a faster travel time, while eliminating 1 mile of bridges. He said this route would provide a direct route to pedestrian greenways and the American Tobacco Trail, while having less impact on natural areas. He said this route would eliminate the taking of at least 70 private properties by sticking to existing transportation routes. He said he feels this route would result in a gain of 2000 or more daily riders and would provide a direct route from Chapel Hill to RTP. He said the Eubanks Road Park and Ride would attract 1-40 travels to get off the interstate and catch bus rapid transit into downtown Chapel Hill to catch the light rail into RTP. He offered copies of this map to the Commissioners. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Dorosin said he would like to follow up on his previous question regarding ban the box and the County's hiring process. He said he had suggested that the Board collect data on how effective that change would be. He said it would be useful to know how this change has impacted the hiring process, and he would be happy to work with staff on a model to collect this data. Commissioner Price petitioned for more parking area at Fairview Park. She said she understood there was a plan to provide more development in that area. She asked if it was possible for DEAPR to look at this. Commissioner McKee said he endorsed Commissioner Price's petition. He asked that this be brought back to the Board with an explanation of how it would affect the master plan for that park. 4. Proclamations/ Resolutions/ Special Presentations a. Orange County Arts Grant Recipients The Board presented checks to local artists and nonprofit organizations receiving Spring 2013 Orange County Arts Grants. Martha Shannon said Orange County received 32 grant requests during the 2013 grant cycle, totaling $51,950. She said the County awarded $30,726 in state grassroots program funds from the NC Arts Council. She said the County also awarded $1,000 in County funds to one individual artist. Deborah Thomas said there were concerns about the drastic cuts in arts funding recommended in the State legislature. She said grassroots efforts across the state resulted in level funding for arts grants at a total of$5.6 million for fiscal year 2014. Spring, 2013 Grant Recipients Grantees: Attendees: ArtsCenter - Tracy Thomas Carrboro Elementary School - Lynn Weller Cedar Ridge High School - Janice Wereszczak Chapel Hill Carrboro Children's Museum NOT AVAILABLE TONIGHT (dba Kidzu Children's Museum) - Deep Dish Theater Company - Doris Friend Ephesus Elementary School PTA - Nicole Kushner Estes Hills Elementary School PTA - Meredith Lassiter Franklin Street Arts Collective (dba FRANK Gallery) - Barbara Tyroler Glenwood Elementary School PTA - NOT AVAILABLE TONIGHT Hillsborough Arts Council - Philip Cooley McDougle Middle School PTA - Sonia Frischemeier North Carolina Symphony - NOT AVAILABLE TONIGHT Orange Charter School - Denise Duffy & Keri Frank Orange High School - Janice Wereszezak Sacrificial Poets - Will McInerney A.L. Stanback/C.W. Stanford/Gravelly Hill Middle- Janice Wereszezak Schools Coalition- Town of Carrboro Recreation & Parks (Carrboro Film Festival) - Rah Trost Town of Carrboro Recreation & Parks (Carrboro Music Festival) - Gerry Williams Barbara Tyroler Barbara Tyroler b. Recent Election/Voting Law Changes Update The Board received an update on the ratified Session Law 2013-131 — House Bill 589 Election law changes. Tracy Reams introduced members of her Board of Elections. She presented the recent changes on the ratified Session Law 2013-131 — House Bill 589. She said she pulled out 25 of the most significant items out of 59 election law changes that were made during this past legislature. She said these have been inserted into the abstract, and she reviewed several of items below: BACKGROUND: House Bill 589 was approved on August 12, 2013. Outlined below are various election law changes in House Bill 589 that will likely have the greatest impact on elections held in Orange County. Effective September 1, 2013 — - G.S. 163-82.1 (d) is repealed. Preregistration: Prior to September 1, 2013 a person who is at least 16 years of age may preregister to vote and shall be automatically registered upon reaching the age of eligibility. Preregistrations received prior to September 1, 2013 will remain in queue and will be automatically registered upon reaching the age of eligibility. 17 year olds can still register and vote in a Primary Election if they will be 18 years of age by the General Election. Effective October 1, 2013 — - G.S. 163-226.4.6(b) Multi-partisan Teams: The county board of elections must recruit and train multi-partisan teams to promptly assist patients and residents of any hospital, clinic, nursing home, or rest home in that county in casting absentee ballots. Elections staff has consulted with the League of Women Voters, and the League has expressed its desire to be a part of the team in addition to the Chairs of the Democratic and Republican parties. • G.S. 163-82.22.5.2 Photo ID public education: The State Board of Elections (SBOE) and county boards shall disseminate information about photo identification requirements for voting, providing information on how to obtain photo identification appropriate for voting, and assist any registered voter without photo identification appropriate for voting with obtaining such photo identification. Information will be distributed through, public service announcements, print, radio, online and social media. Any mailings from the county boards of elections to voters shall include information about the photo identification requirements. Counties shall also post at the polls and at early voting sites beginning with the 2014 Primary Election information about the photo identification requirements. • G.S. 163-82.22.5.5 Use of electronic and digital information: By April 1, 2014, the State Board of Elections shall review and report to the Joint Legislative Elections Oversight Committee the steps recommended to implement using electronic poll books in all polling places to assist in identifying individuals attempting to vote more than once and to assist in obtaining digital photographs of registered voters and verifying the identity of those voters including the taking of digital photographs at the polling place. Effective January 1, 2014— - G.S. 163-45 was rewritten. Poll Observers: The Chair of each political party has the right to designate two observers to attend each polling place. This bill also allows them to designate ten additional at-large observers who may attend any voting place. Not more than two observers from the same party shall be permitted in the voting enclosure except that one of the at-large observers from each party may also be in the voting enclosure. • G.S. 163-55(c)5 was rewritten. Voting in incorrect precinct: A provisional ballot shall not be counted if the voter did not vote in the proper precinct. Prior to this bill, all contests were counted on a provisional ballot in which the voter was eligible to vote regardless of the voting location. • G.S. 163-82.6A was rewritten. Same day voter registration: Eliminates registering and voting during the one-stop early voting period for those who miss the 25 day registration deadline. • G.S. 163-82.6(b) was rewritten. "Wet Ink" on voter registration forms: An electronically captured signature shall not be valid on a voter registration form unless it is on an electronic voter registration form offered by a State agency. • G.S. 163-82.25 is repealed. Mandated voter registration drives: Prior to this bill, Boards of Elections were mandated to coordinate and conduct voter registration drives at all public high schools in the county traditionally during the month of September. Elections staff will continue to work with the high schools to assist in registration drives as well as any other interested organization. • G.S. 163-84 was rewritten. Challenges made other than on Election Day: Challenges can be made by any registered voter of the State. Prior to this bill, challenges could only be made by a registered voter in the county. • G.S 163-87 was rewritten. Challenges made on Election Day: Challenges can be made by any registered voter of the county. Prior to this bill, challenges could only be made by a registered voter in the precinct. • G.S. 163-165.6(d) was rewritten. Order of parties on ballot: Candidate nominees of political parties that reflect at least 5% of statewide voter registration in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election and in alphabetical order within the party shall be listed first on the ballot. (The underlined part is the noted change.) • G.S.163-165.6(e) was rewritten. Straight Party Voting: Each official ballot shall not contain any place that allows a voter with one mark to vote for the candidates of a party for more than one office. • G.S. 163-213.2 was rewritten. Date of Presidential Primary: Presidential preference primary shall be held on the Tuesday after the first Monday in May, except that if South Carolina holds its presidential primary before the 15th day of March, the NC presidential primary shall be held on the Tuesday after the SC presidential preference primary. All other NC primaries will be held in May. • G.S. 163-227.2 was rewritten. Early voting sites within a county: Early voting shall begin no earlier than the second Thursday before an election and shall end no later than 1:00 p.m. on the last Saturday before an election. Any plan adopted shall provide for the same days of operation and same number of hours of operation on each day for all sites in the county for that election. Prior to this bill, early voting began on the third Thursday before an election and had the option to extend hours the last Saturday until 5:00 p.m. The local Board had the option of setting different days and hours for the approved sites. • G.S. 163-227.2 is amended by adding a new subsection. Hours for early voting: For any county who provided for one or more sites during 2010 or 2012 elections, they shall calculate the cumulative total number of scheduled voting hours at all sites and ensure that at least the same number of hours offered in 2010 Primary and General is offered for the 2014 Primary and General and the same number of hours offered in 2012 Primary and General is offered for the 2016 Primary and General Elections respectively. There is also an added amendment whereas a county board by unanimous vote of the board may submit a request to the SBOE to reduce the number of hours. The reduction shall take effect only if approved by unanimous vote of the SBOE with all members present and voting. • G.S. 163-229(b) was rewritten. Absentee voting: Requires two persons to witness the casting of the absentee ballot, those person's names, addresses and signature and also added space for the name and address of any person who assisted the voter. The requirement for two witnesses shall be satisfied if witnessed by one notary public with a valid seal and signature. The law states that a notary may not charge any fee. Prior to this bill, only one witness was required. This law does not apply to military or overseas voters whose requirements are one witness. • G.S. 163-230.1 was rewritten. Method of requesting ballots. An absentee ballot request is valid only if it is on a form created by the State Board of Elections. The voter or near relative must provide either a driver's license/special identification number or the last four digits of the social security number. The form will be available on the SBOE website, Orange County Board of Elections (BOE) website, in the BOE office and will be mailed to voter upon request. Prior to this bill, the request had to be written entirely by the requester personally or on a form generated by the county board of elections that could not be reproduced. • G.S. 163-278.13 was rewritten. Limitation on contributions: No candidate or political committee can accept and/or contribute in excess of$5,000 for an election except for a candidate or a candidate's spouse who can give unlimited amounts. Prior to this bill, the limit was $4,000 and the persons who could give unlimited amounts included the candidate's parents, brothers and sisters. It also provides a means to increase the limitations effective every odd-numbered year by a formula set out in the amendment • G.S. 163-287 was rewritten. Special Election Dates: Special elections may be held only at the time as any other State, county or municipal election. Exceptions are any special election related to public health or safety, including a vacancy in the office of sheriff or a bond referendum for financing of health and sanitation systems. This also does not apply to local acts. • Part 28 — Section 28.1 — Reduce need for second primary: The Joint Legislative Elections Oversight Committee shall study the second primary and recommend to the General Assembly any legislation it deems advisable. Final report shall be made before the convening of the 2015 regular session of the General Assembly. Effective January 1, 2016 — - G.S. 163-166.13 amended by adding new section. Photo identification requirement for voting in person: Every qualified voter shall present photo identification bearing any reasonable resemblance except curbside voters, voters who have religious objection to being photographed and victims of natural disaster occurring within 60 days of the election. Instead of photo identification, curbside voters may present a utility bill, bank statement, paycheck or other government documents that shows the name and address. Voters who on account of religious belief or natural disaster victims must sign a declaration to that affect. Effective January 1, 2018 — - Part 30 — Section 30.8 — DRE Voting Systems: Any direct record electronic voting systems currently certified by the SBOE which do not use paper ballots shall be decertified and shall not be used in any election held on or after January 1, 2018. Orange County has optical scan M100 voting machines, so this will have no impact. Implementation of Voter Photo Identification: • Part 3 of HB 589 states a registered voter may obtain a special identification card without paying a fee if the registered voter signs a declaration stating they do not have other photo identification acceptable. The fee to obtain a special identification card does not apply if the applicant is legally blind, at least 70 years old or is homeless. Voters cannot be charged any fees to obtain a certified copy of birth certificate or marriage license necessary to obtain acceptable photo identification. Registered voters will be provided with this information. • Part 6 of HB 589 states that at any election between May 1, 2014 and January 1, 2016, any registered voter may present photo identification but is not required to do so. Voters shall be notified that photo identification will be needed to vote beginning in 2016 and will be asked if that voter has one of the approved forms of identification. If the voter indicates he or she does not have the appropriate photo identification for voting, that voter will be asked to sign an acknowledgement of the requirement and be given a list of approved forms of identification and information on how to obtain such. The list of names of those voters who signed an acknowledgment will be public record. • Boards of Elections are not responsible for issuing IDs at this time. The Orange County Board of Elections is committed to work diligently to ensure the public is aware of the requirements and will assist voters as much as possible to obtain the necessary identification. Commissioner Rich referred to the policy on voting in the wrong precinct. She noted that the vote will be allowed but not counted. She asked why these people should vote. Tracy Reams said the law says voters cannot be turned away, but the vote will not be able to be counted. She said this will be a change from the current law which allowed provisional voting. Commissioner Gordon asked if the voters will be told about this at the polling site. Tracy Reams said the voter would be advised of their correct precinct and encouraged to go to that location to vote. She said the effective date of this change is January 1, 2014. Commissioner Pelissier asked about the changes made to challenges. Tracy Reams said anyone from the state with a legitimate basis can make a challenge. Commissioner Pelissier asked for an explanation of what happens if a challenge is made on Election Day. Tracy Reams said challenges on Election Day will be heard and decided immediately. Chair Jacobs asked how often voters are notified of changes and the correct location of their precinct. Tracy Reams said Public Service Announcements will be made throughout this process, through print, radio and online information. She said any voter that makes a change or has any contact with the voting office will also be sent a card with voting information and location. Chair Jacobs asked if there is tracking of who cast provisional ballots in the wrong precinct. Tracy Reams said yes. Chair Jacob asked if contact is made to notify these voters of the correct voting site. Tracy Reams said there is no extra contact with the voter, as this is beyond her purview. Commissioner Rich asked if any of the voting precincts have closed or changed from the last election. Tracy Reams said Estes Hills and Church of Reconciliation will be changes for this voting period. She said legal notices have been put up in the newspapers and individual cards have also been sent to voters, making them aware of these changes. Chair Jacobs asked if signs will be posted at the old locations. Tracy Reams said yes. Tracy Reams said another change is the same day voter registration. She said voters will no longer be able to register and vote during the early voting period. She said that the only option is to vote with a provisional ballot if the deadline is missed, and this vote will not be counted. Commissioner Rich asked why provisional ballots are being provided if they will not be counted. Tracy Reams said this is the law. Commissioner Dorosin said that the provisional ballot provides an opportunity for someone to vote if they feel a mistake has been made. In this case there is time to check on the issue and have the vote counted if the person was actually registered. Commissioner Rich asked if the Board of Elections has more staff in the face of these new laws. Tracy Reams said no. Commissioner Pelissier referred to the change in the method of requesting ballots. She asked if voters who send handwritten requests will be notified quickly of the need for a form. Tracy Reams said these voters will immediately be sent a request form. She said this form will also be available on the website. Tracy Reams said straight party voting will no longer be an option. She said the Presidential Primary date will now change. She said the North Carolina date will be based on the South Carolina primary date; which means the primary will most likely be in February or March. She said this puts early voting over the Christmas holidays, which impacts staff and creates additional cost by having two different primary voting dates. Commissioner McKee asked how much additional cost will be added with these changes. Tracy Reams said she would gather that information and send it to the Board. She said there would be significant costs. Commissioner Pelissier asked about early voting hours. Tracy Reams said early voting will now begin on the 2nd Thursday before Election Day, which reduces the early voting days. She said this means that the same number of hours will have to be fit into fewer days. She reviewed the new guidelines on voter identification, as outlined above and in the abstract. Commissioner McKee asked about the wording regarding assistance with attaining voter identification. Tracy Reams said staff will be required to assist voters with obtaining the means to get proper voter ID, such as a birth certificate or marriage license. Commissioner Price asked if a voter registration card will be required. Tracy Reams said no. Commissioner Gordon noted the differences in required identification for voting in person versus absentee voting, and she asked for clarification on this. Tracy Reams said voters who vote in person will be required to provide photo identification, but curbside voting will only require documentation such as a bank or utility statement. She said that absentee voting will require a social security number, driver's license, or special identification number. Commissioner Gordon asked if there had to be any special reasons for requesting an absentee ballot. Tracy Reams said this is considered a no excuse absentee ballot and voters do not need a reason. Commissioner Gordon asked about curbside voting. She said that curbside voters will need to sign a declaration stating that a physical disability makes it difficult to go inside the complex. Chair Jacobs said the public needs to be made aware of where DMV offices are located. Tracy Reams said these locations will be added to the website. Commissioner Gordon asked if any there will be verification of identification documents provided by absentee voters. Tracy said staff is required to validate driver's license and the last four digits of social security numbers by comparing these to the registration information. Commissioner Gordon asked about the timing of special elections. Tracy Reams said she is unsure of the reasoning for this change. Commissioner Pelissier asked what identification will be required for out of state students who register to vote in Orange County. Tracy said these voters will need a valid, unexpired North Carolina driver's license. She said an out of state license will only be permitted if the resident has registered within 90 days. Commissioner Rich asked if there have been any residents charged with voter fraud in Orange County. Tracy Reams said no. Commissioner Rich asked if there have been cases in North Carolina. Tracy Reams said she has read that there have been cases in the state. She said there have been cases in Orange County where voters have registered and voted in more than one county. She said these cases have been turned over to the state, and there are checks in place to detect this. Commissioner Dorosin thanked Tracy Reams for the summary. He feels that this bill is designed to suppress voters, and the most critical thing is to educate residents. He gave some history on past efforts to put in restrictions such as this. He said that more Republicans vote absentee and more Democrats vote in person. He noted that absentee voting is a good way to work around the photo identification requirements. Chair Jacobs said the Board appreciates what Tracy Reams and the Board of Elections does. He thanked her for the bi-partisan efforts in dealing with these changes. Commissioner Price noted the locations of the two DMV offices in Orange County, and she thanked Tracy Reams for her efforts. Commissioner Rich noted that there are dinners being organized by precinct chairs in Orange County for the purpose of educational forums. She suggested that the Board of Elections contact these chairs to see if any information can be provided. Tracy Reams said the board has reached out to the League of Women Voters, and the Democratic and Republican Party Chairs. She said all of these groups have become regular attendees to the board meetings. She feels confident that the needed education will be provided. Commissioner Gordon thanked Tracy Reams and her staff for their efforts and bi- partisan spirit. c. Presentation of Report from the Historic Rogers Road Neighborhood Task Force The Board received a presentation, reviewed and discussed the recommendations in a Report from the Historic Rogers Road Neighborhood Task Force in preparation for the November 21, 2013 Assembly of Governments Meeting. Michael Talbert said this is the presentation of Rogers Road Neighborhood Task Force Final Report. He said this report begins on page 5 of the abstract. He noted that the abstract numbers are in the upper right hand corner of the page. He reviewed the following information from the abstract: Background: Beginning in 1972 the landfill was opened by the Town of Chapel Hill and in 1999 Orange County assumed ownership and operation of the Eubanks Road Landfill. The Historic Rogers Road Community has lived with the Orange County Landfill for 40 years. The Community is geographically split by the Orange County and Carrboro. Orange County as the current owner/operator of the Landfill, is taking the lead to make remediation improvement to the Historic Rogers Road Community. Timeline: On May 17, 2011 the Board received a plan from RENA recommending actions to mitigate the long and short term impacts of Orange County's Landfill and Solid Waste operations on the health, safety and welfare of the Historic Rogers Road — Eubanks Road Community. On January 26, 2012 the Board and the Town Boards discussed the extension of sewer service and a community center for the Historic Rogers Road Community. County and Town Attorneys have concluded that, utilization of Solid Waste reserves, to extend sewer service to the Historic Rogers Road Community, is not consistent with North Carolina General Statutes and would subject the local governments to legal challenges. Therefore, funding for either the extension of sewer services and/or a community center will have to come from the County's and Towns other general revenue sources. On February 21, 2012 the Orange County Board of Commissioners authorized the Creation of a new Historic Rogers Road Task Force to address sewer service and a community center and approved the Charge The composition of the Task Force was to include two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from Rogers Eubanks Neighborhood Association (RENA). Charge of the Original Historic Rogers Road Neighborhood Task Force The Charge for the Historic Rogers Road Neighborhood Task Force is to investigate and make recommendations to the Board of County Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen for neighborhood improvements including funding sources and the financial impact to the County & Towns, for the following: 1. Sewer Service to the Historic Rogers Road Neighborhood as defined by the previously approved public water connections in the area. 2. A Neighborhood Community Center. The Task force is also directed to: a. Submit an Interim Report back to the County and the Towns by the end of August, 2012 and; b. Submit a Final Report to the Assembly of Governments on December 6, 2012. On December 6, 2012 the Assembly of Governments received an interim report from the Historic Rogers Road Neighborhood Task Force and held a lengthy discussion of the accomplishments of the Task Force. One of the recommendations from The Task Force was that the Task Force continues to meet for an additional 6 months to address the Charge with the original composition of the Task Force. On February 5, 2013 the Orange County Board of Commissioners authorized the continuation of a reappointed Historic Rogers Road Neighborhood Task Force and approved the Charge of the Task Force. The composition of the Task Force includes two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from Rogers Eubanks Neighborhood Association (RENA). Charge of the Reappointed Historic Rogers Road Neighborhood Task Force 1. Request that the towns confirm the continuation of the Historic Rogers Road Neighborhood Task Force and appoint members to the Task force; 2. Confirm the appointment of Commissioners Rich and Price as the County's members on the Historic Rogers Road Neighborhood Task Force; 3. Request that the Rogers Eubanks Neighborhood Association confirm the continuation of the Historic Rogers Road Neighborhood Task Force and appoint two members to the Task Force; 4. Confirm the charge and a timeline for the Task force as specified by the motion approved at the January 24 meeting: ❑ To continue the Task Force for six (6) months; ❑ To have the Task Force consider the final costs, provision and installation of water and sewer utility extensions preferably at no cost for members of the Historic Rogers Road community; ❑ Consider options to address gentrification; ❑ Consider Chapel Hill's most recent Small Area Plan; ❑ Consider funding options, including the Greene Tract. 5. Specify that the Task Force provide a report to the Board of County Commissioners no later than the Board's September 17th meeting. Subsequent Local Government Actions: 1. On April 9, 2013 the Board of County Commissioners was presented the schematic design of the Rogers Road Community Center and authorized the manager to award the bid for construction in an amount not to exceed$650,000. The project was bid in August, 2013. The Town of Chapel Hill has expedited the site plan review, permitting and other associated processes for the project as well as waived all associated Town fees related to those processes, normally estimated to be $25,000. 2. On September 18, 2012 the Town of Carrboro approved the Town's intention to contribute not more than $900,000 for the Town's 14% portion of the $650,000 Community Center and estimated$5.8 million cost of the Sewer Project. On June 18, 2013 the Carrboro Board of Aldermen approved a Resolution (Attachment 2) to Provide Comment on Alternatives Discussed by the Historic Rogers Road Neighborhood Task Force. The Town has also appropriated$450,000 (112 of the $900,000 the Town has committed to Rogers Road) in the Fiscal 201312014, for both a New Community Center and Sewer Improvements. 3. The Town of Chapel Hill appropriated$90,549 and the Town of Carrboro appropriated $29,524 in the Fiscal 201312014, for a New Rogers Road Community Center. 4. On June 24, 2013 the Chapel Hill Town Council voted to initiate a process with the County to extend the Town's extraterritorial jurisdiction into the area within a portion of the Historic Rogers Road Neighborhood within Orange County. The Council also asked that the Manager continue discussion of a possible Utility District with local jurisdictions. RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS September 17, 2013 1. That that the Cost associated with the Community Center and Sewer Improvements will be shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of$5.8 million should be funded by Carrboro, Chapel Hill, and Orange County in proportion to the recommended cost sharing. The first phase of the construction should include segments 5, 6, and 8 at an estimated cost of$3.7 million, serving 67 parcels. Funding is recommended to be included in the Fiscal 2014/2015 Budgets, with the remaining 19 parcels to be constructed in the second phase and included in the Fiscal 2015/2016 Budgets 3. That the Task Force prefers the original Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of$5.8 million. First this concept will provide sewer improvements to the entire Historic Rogers Road Neighborhood; secondly, this proposal will enable all of the partners, Orange County, the Town of Chapel Hill, and The Town of Carrboro, to equally share the costs of the Community Center and Sewer Improvements in proportion to their responsibilities. If either the Orange County Board of Commissioners or the Chapel Hill Town Council do not favor the original Sewer Concept Plan presented by OWASA in 2012 or cannot agree on the concept of an ETJ for the Historic Rogers Road Neighborhood, the Sewer Concept Plan presented by OWASA in 2012 including only segments 5, 6, and 8 to serve 67 parcels at an estimated cost of$3.7 million should be funded. 4. That the County petition the Town of Chapel Hill to annex all County Owned Property in the Historic Rogers Road Neighborhood. 5. That the Task Force requests that the Managers explore the collaborative approach to the Historic Rogers Road Neighborhood as outlined in February 25, 2013 memo to Elected Officials and report back to the Task Force on August 21, 2013. 6. That the Managers meet and talk about the options related to connecting the residents of the Historic Rogers Road Neighborhood to sewer. 7. That funding is identified for the cost of connecting from the OWASA infrastructure to the home in addition to applying for grants for low-to-moderate income persons. It is a priority of the Task Force to identify funding not only for the installation of sewer infrastructure but also cost of connections to homeowners and the Task Force recommends that the County and Towns set up a fund specifically for people in the Historic Rogers Road Neighborhood and to fund the cost of the connections from the home to the main. Michael Talbert said the County received bids today for the center and all three were substantially over budget. He said the lowest bid was $1,375,000 and the highest bid was $1,611,900. Each of these was much higher than the budget of$650,000. He noted that the abstract sheet lists a base bid and nine alternatives. He said that the low base bid with no alternatives still leaves a base budget of$1,143,000. He said the County is committed to this project. Staff will try and move forward after a re-design to re-bid this project Commissioner Price had no comment. Commissioner Rich had no comment. Commissioner Gordon asked about the cost share. She asked how far the boundary line extends in map area 6. Michael Talbert referred to the map to show the extension of the line. Commissioner Gordon asked how much if this is in the Town of Carrboro limits. Michael Talbert said about 80-90 percent or more will be in the town limits. Commissioner Gordon asked what is counted as part of Carrboro's share of cost. Michael Talbert said proposal is that the entire cost should be shared 14 percent, 43 percent, and 43 percent, with Carrboro picking up 14 percent of the entire cost. Michael Talbert said 3.7 includes areas 5, 8, and 6. Commissioner Gordon said the Town of Chapel Hill is thinking of ways to contribute. She asked if the same equation would apply to Chapel Hill if this could be within their ETJ. Michael Talbert said the opinion of the Chapel Hill attorney is that an annexation or ETJ will have to occur before Chapel Hill would have any interest in Rogers Road beyond the jointly owned Greene Tract. Commissioner Gordon asked if staff is asking that County owned lands be annexed. Michael Talbert said if the County lands were to be annexed by Chapel Hill it would be a step in the direction of the town having interest in the Rogers Road area. Commissioner Gordon asked if this would have any effect on the Greene Tract. Michael Talbert said if the Green Track is annexed or placed in the ETJ the town of Chapel Hill would control future development; however it is a jointly owned property with the County. He said this means the County would have to agree to any development. Commissioner Gordon clarified that Chapel Hill would have more control in planning or zoning. She asked about the status on an agreement. Michael Talbert said there is no agreement. He said there was a resolution previously passed regarding what should happen on that track. This was accepted by all of the boards, but there was no further action taken. Commissioner Gordon asked about the 60 acres reserved to the enterprise fund. Michael Talbert said the 60 acres is still owned by solid waste and under the control of Orange County, and that would not change. Commissioner McKee referred to item 7 page 4 regarding funding for cost of connecting. He asked if this funding would be need based or open for all properties served. Michael Talbert said this has not been decided yet. He said the attorneys have told staff that this needs to be based on low to moderate income. Commissioner Dorosin clarified that the smaller option ($3.7 million) is based on the scenario that Chapel Hill will not contribute anything. Michael Talbert said this number was based on getting the lines to serve the most people with the least cost, and this had nothing to do with Chapel Hill at that time. Commissioner Dorosin asked if the $3.7 million plan would be the same contribution as the $5.8 million between Chapel Hill, Carrboro, and the County if Chapel Hill does not extend its ETJ and Orange County wanted to move forward. Michael Talbert said it would be close. Commissioner Dorosin referred to the question regarding funding the connections. He said the task force has come a long way in recognizing that the connections to the people's houses should be part of the reparations. He believes that the statute attached at appendix 1 D would allow the County to provide assistance for the benefit of low to moderate income persons, or for the restoration of neighborhoods and properties. He noted that this second clause does not include an income based restriction. He said that there are residents who have been living in the area for decades, and these people may not meet the narrow guidelines for funding but have been burdened by the impacts of the landfill. Commissioner Price said the task force discussions centered on the idea that the decision regarding which residents get hooked up would depend on the source of the funding. She said this is still open for discussion. Commissioner Pelissier said it sounds like there was no discussion on the task force regarding contributions from the town for the funding. She said there should have been a discussion about this, as all of this is contingent on the ETJ in Chapel Hill. Commissioner Pelissier said it sounds as if the task force did not take a position on the utility district, except that it be explored. She asked if this is correct. Commissioner Price said there were discussions regarding the district. She said there were three plans, but the decision came down to the one that is listed. She said the larger districts were very costly, involved another phase of planning, and lessened the focus on Rogers Road. Commissioner Rich said there were two utility districts that were considered. She said the idea was to bring down the per parcel cost with a larger district. She said this larger district was not well received. She said Chapel Hill is still talking about utility districts and looking at what that means. Commissioner McKee noted that he was not voicing opposition to the hook-ups. He was just trying to get clarification on this issue. Commissioner Dorosin said he believes that the advantage of the ETJ is that it will allow Chapel Hill to contribute. He proposed that the County's commitment to providing sewer to this neighborhood should not be contingent on Chapel Hill. He said if Chapel Hill is unable or unwilling to participate, this does not end the County's obligation to this community. Commissioner Dorosin referred to the question of funding. He said the County has already created funds to assist this community. He said there is a fund to pay for the connection from the main to the meter, which has been infrequently utilized. He said Orange County is putting funds out there. He said that the County could take underutilized funding and apply this to the water and sewer connections. Chair Jacobs referred to the top portion of page 7, which lists the actions taken by local government. He noted that the Solid Waste fund was allocated by the Orange County Board of County Commissioners. Chair Jacobs asked about the issue that Commissioner Dorosin referred to as "preservation of neighborhood and gentrification." He asked for clarification on this recommendation. Commissioner Price said this issue had not been fully addressed. She said there was a recommendation for all three boards to continue consideration of this. She said RENA would also be working with the Jackson Center. Michael Talbert said this information can be found on page 24 of the report, under gentrification. He said this was a late addition, but there was consensus to add it. Commissioner Rich said a lot of this was recommended by managers after consideration of similar issues and lessons learned by Chapel Hill with the Northside area. David Caldwell, Project Director for RENA, said RENA is getting together with other community groups in an effort to a have more of a say in the development of the Rogers Road area. Commissioner Rich said she has had this discussion with David Caldwell. She said it is important that the neighbors have input in the development of their own neighborhood. David Caldwell said he is excited to have use of a gymnasium, auditorium and other facilities that the community needs. Commissioner Dorosin thanked Commissioner Price and Commissioner Rich, as well as the rest of the task force for the work that has been done. He said there is a perception in the community that the towns are more committed to this project than Orange County. He said it is imperative that Orange County send a clear signal of their commitment to seeing this project through. Commissioner Dorosin made the following motion: Whereas the Historic Rogers Road Community has disproportionately borne the burden of solid waste disposal in Orange County for over 40 years; and Whereas the Board of County Commissioners along with the Town of Carrboro and the Town of Chapel Hill recognize the community's collective responsibility to provide remediation and reparations to the Historic Rogers Road Community, including the Community Center and the provision of water and sewer service; Now be it resolved that the Board of County Commissioners is committed to, along with the Town of Carrboro, and the Town of Chapel Hill to the extent practicable, providing funding for water and sewer service for 100 percent of the parcels in the Historic Rogers Road Community, including connections from the infrastructure leading to the individual homes, at no cost to the residents. No second Motion Fails Chair Jacobs said the Board is being asked to review and discuss recommendations in preparation for the Assembly of Government (AOG) meeting. He said it is a testament to the importance of the work placed upon the task force that not only the two Board of County Commissioners, but the RENA representatives and the Chapel Hill representative, Council Member Lee Starrow are all present. He said he hopes that the misconception about Orange County will be rectified in the near future when actions are taken. He recognized Michael Talbert as the support staff to this task force. Michael Talbert asked where things go from this point. Chair Jacobs said the direction was to raise points, make recommendations, and then defer further discussion to AOG. A motion was made by Commissioner Gordon, seconded by Commissioner Price to receive the presentation, discuss the recommendations in the Report from the Historic Rogers Road Neighborhood Task Force in preparation for the November 21, 2013 Assembly of Governments Meeting. Commissioner Dorosin said he would appreciate a discussion of why there was no second to his motion. He said this is an illustration of what he fears, and the Board owes the public an explanation. Commissioner Dorosin suggested that, rather than making an amendment, the Board should go through specific issues of the report. He suggested that Board preferences should be expressed. Chair Jacobs asked John Roberts to repeat his statement regarding how much can be said and done, pending a complaint with the Environmental Protection Agency (EPA). John Roberts said his advice was, prior to voting on any substantial expenditure in this area, the Board should wait to see what EPA will do. He said it is legally risky to expend funds in this area without resolution with the EPA. Chair Jacobs said it is not that the Board is any less supportive of the Rogers Road area. He said Orange County represents about 130,000 residents; and the Board must act in the best interest of all, which includes acting prudently based on the best legal advice. Commissioner Gordon asked Chair Jacobs to repeat the motion. Chair Jacobs said repeated manager's recommendation again. Commissioner Gordon stayed with her original motion. Commissioner Dorosin said, with all respect to John Roberts, he does not feel that this is the best legal advice. He said he does not think his motion mentioned specific expenditures. Chair Jacobs said the Board is simply saying that there will be no further discussion about the complaint that was made until there is a ruling. He is confident that the Board stands ready to work with the towns to address all of the concerns that have been raised. Commissioner Price said she feels it is a show of the Board's commitment and responsibility that the task force was continued and that the neighborhood has not been neglected. VOTE: Ayes, 6 — Nay, 1 (Commissioner Dorosin) Chair Jacobs encouraged Commissioner Dorosin save his motion for a later date, at which time the Board would be glad to hear it. d. Review of Proposed Operations Agreement for the Rogers Road Community Center The Board was to receive a presentation, review, and provide feedback on the proposed Operations Agreement (Attachment 1) with Rogers Eubanks Neighborhood Association (RENA) for the day to day operations of the Rogers Road Community Center. DEFERRED 5. Consent Agenda • Removal of Any Items from Consent Agenda - Item 5a was removed from the consent agenda. • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board considered correcting and/or approving the minutes from May 14, 30 and June 6, and June 11, 2013 as submitted by the Clerk to the Board. Commissioner Dorosin mentioned that he was in attendance at the May 14th meeting; however the minutes indicate he was absent. He also mentioned that his name appeared a couple of times in the present section in lower case. Clerk to the Board Donna Baker said she would fix both issues. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to approve the minutes from May 14, 30 and June 6, 11, 2013 as submitted by the Clerk to the Board. VOTE: UNANIMOUS b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for twenty (20) taxpayers with a total of twenty (20) 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 fourteen (14) taxpayers with a total of fourteen (14) bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved three (3) untimely applications for exemption/exclusion from ad valorem taxation for three (3) bills for the 2013 tax year. e. Emergency Debris Removal and Processing Services Agreement The Board approved an agreement between Orange County and Ceres Environmental Services, Inc. for the purpose of providing a secondary resource for Emergency Debris Removal and Processing Services and authorized the Chair to sign. f. Renewal Agreements Between Chapel Hill Carrboro City Schools, Orange County Schools, and Health Department for School Nurses The Board approved the renewal agreements between Chapel Hill Carrboro City Schools (CHCCS), Orange County Schools (OCS) and the Health Department for nine (9) school nurses and authorized the Manager to sign. g. FY 2013-14 Budget Amendment#1-F — Public Safety 9-1-1 Grant Acceptance The Board approved Budget Amendment#1-F accepting a grant from the NC 9-1-1 Board in the amount of$625,828 to improve the 9-1-1 Communications Center by upgrading the current 9-1-1 telephone system to handle newer forms of communication; upgraded the current Emergency Medical Dispatch program to the newest version and added Emergency Police Dispatch and Emergency Fire Dispatch; and added two new furniture positions in order to expand the number of dispatch furniture positions to eleven and authorized the Manager to execute the work. h. Supplemental Agreement with NCDOT to Extend an Existing Congestion Mitigation and Air Quality (CMAQ) Grant The Board approved a Supplemental Agreement with the North Carolina Department of Transportation (NCDOT) amending Orange County's existing Locally Administered Project Agreement for Transportation Improvement Program (TIP) Project C-4932B to extend the use of Congestion Mitigation and Air Quality (CMAQ) grant funding for the existing Hillsborough Circulator transit service through November 2015 and authorized the Manager to sign. L Burlington-Graham Metropolitan Planning Organization Memorandum of Understanding Adding Orange County as a Voting Member The Board approved a resolution adding Orange County as a voting member of the Burlington- Graham Metropolitan Planning Organization (BG MPO) to the Memorandum of Understanding (MOU) and authorized the Chair and the Clerk to the Board to execute the MOU. j. Resolution to Endorse Orange County's Priority Transportation Projects within the Burlington-Graham Metropolitan Planning Organization (BGMPO) Planning Area The Board adopted a resolution, which is incorporated by reference, endorsing a priority list of new transportation projects within the Burlington-Graham Metropolitan Planning Organization (BGMPO) planning area for consideration of inclusion in the 2016-2022 Transportation Improvement Program (TIP) and submitted the resolution to the BGMPO. k. Use Agreement Between Orange County and the Orange Grove Fire Company The Board approved the recommendation from the Emergency Services Director to enter into an agreement with the Orange Grove Fire Company in order to place one (1) EMS ambulance at Station #1 located at 6800 Orange Grove Road, and authorized the Manager to sign the Use Agreement. I. FY 2013-2014 Purchase of Vehicles through Vehicle Replacement Internal Service Fund The Board approved the final list of County vehicles to be purchased through the Internal Services Fund established within the FY2013-2014 budget. M. Change in BOCC Regular Meeting Schedule for 2013 The Board approved one change in the Board of County Commissioners' regular meeting calendar for 2013, adding a closed session meeting for Monday, October 7, 2013 at 4:00 pm at the Solid Waste Administrative Offices, 1207 Eubanks Road, Chapel Hill, NC. n. Employment Agreement for Michael Talbert— Interim Orange County Manager. The Board approved the appointment of and terms of an employment agreement with Michael Talbert as Interim Orange County Manager. Michael Talbert thanked the Board for the opportunity and said he hopes to help the Board achieve its goals. 6. Public Hearings - NONE 7. Regular Agenda a. Employee Benefits and Recommendations for Calendar Year 2014 The Board considered the County Manager's recommendations for employee health insurance and other benefits for the 2014 calendar year. Nicole Clark reviewed the following information: Staff provided information regarding FY2013-14 employee benefits at the April 11, 2013 work session, during the FY 2013-14 budget process, and at the September 5, 2013 regular Board meeting. The County conducted a Request for Proposals (RFP) process for health insurance administration and requested responses for both a fully insured and self-funded plan. Retiree health insurance was discussed at the June 19, 2013 regular meeting. The FY 2013-14 Approved Budget includes funds for up to an 8.0% ($226,444) health insurance premium increase effective with the January 1, 2014 renewal. The sole complete response from the RFP was from the County's current health insurance provider, United Healthcare (UHC). UHC provided proposals for both a fully insured renewal which is approximately a 6.35% increase and self-funded option which results in no increase. Nicole Clark said the recommendation is to approve option 2, which is the self funded option with an increase of$118 per month to the health savings account. Commissioner Gordon said she appreciated the opportunity to discuss this prior to this meeting. She asked if employees have made any recent comments or statements regarding the plans. Frank Clifton said that this issue has been reviewed with employee relations for the past three years as the County has struggled with increasing costs. He said that most of the employees understand that this is the way to stabilize rates. Commissioner Gordon said she wanted to know if any comments have been made between September 5th and now. Nicole Clark said no. Frank Clifton said this was presented to employees before the last Board of County Commissioners meeting. Commissioner Rich said she is not in favor of the self insured plan. She said she has done some reading about this, and there are a number of issues and concerns. She asked about the plans for hiring administrators for the claims and whether this would be an on-staff person. Tracy McCarty said the insurance company will remain the same. She said that as a self-funded administrator, employees will have the same network with an external party being paid an administrative fee to protect the County against large losses. She said this is not anyone internal. She said this is really only a change in the funding mechanism. She said, as claims come through on a weekly basis, that administrator will request those funds from the County, and the County will fund that. She said anything above the premiums will be retained. Commissioner Rich asked if anyone other than United Healthcare (UHC) had been considered. Tracy McCarty said yes. She said UHC was the lowest and firmest quote. Commissioner Rich said she has concerns with UHC, and she is not supportive of them. Commissioner Price asked if Commissioner Rich's research had suggested any other insurance possibilities. Commissioner Rich said she had looked at Blue Cross Blue Shield, and she was against UHC because the company did not sign on to the Affordable Care Act. Chair Jacobs said the County is operating under a deadline this year, and this discussion can be had next year to change the criteria. He said he voted against UHC in the past, but he realizes that it is late in the game. He said UHC did have a town hall meeting and many concerns were addressed. He said he would like to suggest these town hall meetings be held annually with staff to discuss concerns. Commissioner McKee said he is generally supportive of this; however he questioned the fact that he knows of several counties that go back to the private sector after being self funded. Tracy McCarty said about 90% of the companies her company represents are self funded, and most of the folks who have done this are very positive about it. Commissioner McKee said he attended an ABC board meeting this morning (since the ABC employees are insured with Orange County.) He said the general feeling at that board is that they will be unable to go self funded. He said there were concerns about the County's reasoning. Frank Clifton said you can change the administrator of your policy at anytime. He said that the numbers say that the County and the employees will save roughly $1 million in health insurance costs. He said this can be re-evaluated each year. He noted the disproportionately high number of female employees and said this adds to the risk factor with the health insurance industry. Commissioner Rich referred to the section on pricing premiums on page 353 of the electronic version of the agenda. She asked for the identity of the organization mentioned. Tracy McCarty said these pricing premium recommendations will be made by finance and management. Commissioner Rich referred to page 356 on the electronic version and asked for an explanation of the reference to costs of the contract getting higher over time Tracy McCarty said their self-funded clients have more control over their trend, and client data can be shared. She said there are things built into a fully-insured contract, such as state and federal tax. She said there are charges and profit margins that may not be included in a self funded arrangement. Nicole Clark noted that the dental plan is currently self-funded. Commissioner Gordon said she feels this dental plan is not well compensated, and she questioned if this will be the case with the insurance plan. Nicole Clark said there is no relationship between medical and dental plans. She said this is just the nature of the dental plan, and there is work being done on this issue. She said there are more providers being added. She said the claims in dental are typical for the business and this is completely different than health insurance. Chair Jacobs said it would be helpful to identify information from other entities about the pros and cons of the self-funding. He noted that the Community Land Trust is also on the County policy. He said this group, as well as the ABC Board may need guidance as to where to go. Tracy McCarty said she is happy to help with this, and she has dealt with similar situations in the past. A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to approve Option 2, the self-insured health insurance option with an increase in the Health Savings Account contribution for employees to $118 per month effective January 1, 2014, and direct the Manager to sign the necessary documents to execute the contract. VOTE: Ayes, 6 — Nay, 1 (Commissioner Rich) b. Whitted Meeting Room Schematic Design Review The Board reviewed and commented on the schematic design of the Whitted Permanent meeting room initially presented during the September 12, 2013 work session; and authorized staff and the consultant to move forward with construction document preparation. Jeff Thompson reviewed the schedule (below) included on page 2 of the abstract: BACKGROUND: On April 4, 2013, the BOCC authorized Orange County to move forward with the design of permanent Board meeting facilities within the Whitted 2nd Floor "A" building in Hillsborough, and included this capital project within the adopted Capital Investment Plan in FY 2013-14. On June 18, 2013, the BOCC authorized the Manager to move forward with the design, award a bid, and complete the necessary site work for this project as "Phase 1" in order that the work be completed this fall during optimal outdoor weather. This site work, which will include significant paving, stormwater management, lighting, pedestrian access, handicapped access, and landscaping improvements, is currently out to bid and should be complete no later than the end of November 2013. The County has engaged Corley, Redfoot Architects as the designer for the project. Ken Redfoot and David Taylor with Corley, Redfoot Architects will continue presenting the schematic designs as well as corresponding three dimensional space modeling for additional BOCC review and comment introduced during the September 12, 2013 work session. Should the BOCC approve the schematic design renderings and principles, the following timeline represents the delivery of the overall project: TASK PROPOSED END BY BEGINNING DATE DATE BOCC Action: Approval of 9/17/13 9/17/13 Schematic Design; authorization to prepare bid documents Construction document prep, 9/18/13 11/5/13 bid advertisement prep (2 month duration) BOCC Action: Approval of 11/5/13 11/5/13 Final Design; authorization to advertise for bid BOCC Action: Bid Award 12/17/13 12/17/13 Construction (est. 4 month 1/6/14 5/6/14 duration) Grand Opening —first BOCC 6/3/14 6/3/14 meeting (estimated date) Ken Redfoot said the purpose of tonight's discussion is to get approval for the schematic design. He reviewed the map of the overall site plan. He said the improvement of three parking lots is already out for bid. Ken Redfoot said the next three plans show the main meeting room with different furniture layouts. He gave a visual overview of these plans. He said his staff is looking at alternatives for the television production room to better accommodate necessary production. Ken Redfoot said two flat screen monitors are being considered for placement on either side of the dais for better video presentation. He noted that work will be done to insure there are no acoustic issues in the room. He gave a detailed description of the dais, which would accommodate all of the members of the Board. He said it is also large enough to accommodate up to 11 people in the event of joint meetings. He noted that it has a seven inch rise from the floor elevation, and a bullet proof panel across the front. He said there is a countertop with area to accommodate electrical and data hookups hidden behind a cap piece. Chair Jacobs asked for more explanation regarding the proposed schedule of the project. Jeff Thompson said if the schematic design is approved the team would prepare final design documents over the next two months, before bringing them back for a final look. He said after this is approved the plan will be put out to market to receive bids before Christmas, and construction will begin in the winter. The estimated completion date is June of 2014. Commissioner Pelissier said it is not clear to her where participants for joint meetings will have a view of a screen. She noted that those elected officials, as well as other participants will need to have a view of the presentations that are made. Ken Redfoot said this would need to be examined. He did not realize the importance of that angle, but this will be considered in the next level of design. Commissioner Gordon reinforced what Commissioner Pelissier said about the audience and Board of County Commissioners with regard to the screens and acoustical information. Commissioner Gordon said she did send out questions via email to staff and the Board. She requested that these be included as part of the minutes , with staff responses shown below: From: Alice Gordon [mailto:gordon.alice(a�gmail.com] Sent: Monday, September 16, 2013 10:06 AM To: Barry Jacobs; Bernadette Pelissier; Earl McKee; gordon.alice(o-)_gmail.com; Alice Gordon; Mark Dorosin; Penny Rich; Donna Baker; Frank Clifton; Greg Wilder; Michael Talbert Subject: Questions/ comments on Item 7-b Questions/ comments on item 7-b - Sept. 17, 2013 - Whitted Building 1. Has the Sheriff reviewed the design from a security point of view? If yes, did he have suggestions? If no, please request that he review it, and provide comments. "rhe Sheriff and his staff 'involved in -the °"rhireat Assessment work giroulp have Iprovided general 'input with iregaird -t -the need fair a safe airea and controlled access near -the dais rhis input was shared with -the IB CC in work session on April '16, 20,11 Staff will receive specific feedlback firom -the Sheriff and his staff with iregaird -t -the design and will i ' ' i a�bring -thi -feedback -t -the Board n Septembeir '17 „ 2. It is my understanding that the dais at the Southern Human Services Center is designed to be bullet-proof. Is that true of the proposed dais at the Whitted Building? If it is not, what would it take to make it that way? "rhe dais design at-the proposed meeting iroom at-the Whitted Building will 'include a 3/8" bullet iresistant Ipanel firom -the flloor-t -the -top of-the dais wall (alplpirox'iimatelly 42" Ihigh). "rhis is -the same material used in -the millwork fair-the judges, clerks and witness stands in -the Orange County Justice Expansion Ipiroject.. 3. The designs show a dais for 7 people, but I believe we were told that there would be more than that. How many people will be seated at the dais and why (especially if it is more than 9)? "rhe dais design is fllex'ilblle -to accommodate -the cuirirent seven County Commissioners with approximately 46" of counter width and -the Ipotential use of other Boards °"rhe 6`max'iimum" irecommended Board usage wound be the '12,,,,Ipeir on County Planning Board, which wound Iprovide each person approximately 28" of counter width.. 4. The packet shows three designs, but we were shown four designs at the work session. Please send that fourth design to us. Also, please send us the previous design that showed the offices. See attached - 7 b - Question 4 A - Commissioner Goirdon - Alternate Whitted lBoCC See attached _ 7-b - Question 4 IB - Commissioner Goirdon _Whitted Office 1 ayout 5. For the three designs in the agenda packet, is there any difference in what would actually be constructed? |f so, what is the cost of constructing each of the three designs? No, the three plans show the same space being used -for three different types of meetings. Thank you. Alice Gordon Commissioner Gordon asked about Sheriff input in the threat assessment work. Jeff Thompson said he met with sheriff's staff this morning, and staff favored the green room for threat assessment. He said the Sheriff recommended the Commissioners enter through the rear of the building, and he recommended three entrances to the meeting room. He said the sheriff was satisfied with the ballistics protection of the dais and the room. Commissioner Gordon referred to the fourth plan. There is the alternate Board of County Commissioners lay out which shows less space for the meeting room and more rooms for offices and other uses. She noted that the space study will be coming back later, and she noted that there is still flexibility to add another conference room and to further divide the flex space. Commissioner Gordon said another department may want to use some space here for recreation space or office space. She said she wants to underscore the need for flexibility, and the ability to have this flexibility makes her more comfortable with the plan. Commissioner Rich asked about the timing of the technology discussion. Ken Redfoot said this will be done over the next two months. He said there is a consultant already on board and details will be nailed down. Commissioner Rich said her concern is mostly that there be availability and capability for web streaming and television viewing to provide access and transparency for the public. Commissioner Oorosin asked about the maximum capacity for seating. Ken Redfoot said the Fire Marshall has set this number at294 people. Commissioner Dorosin suggested the use of mobile screens to address the issues with presentation visibility for the audience and guests. Commissioner McKee said he appreciates what has been brought forward and he feels other boards will be attracted to use the space once itiscompleted. He asked if staff isstill confident on staying within the approved budget. Ken Redfoot said yes. He said there will be another cost estimate of work done soon, but right now his staff is working within the Board's budget. Commissioner Price referred to the plan fora smaller space. She feels this limits how the space can beused. She said at this point she is leaning against the use of flex space for conference rooms. Chair Jacobs said there are very few large meeting rooms for the public, and the opportunity to have one here atVVhitted is a rare opportunity. He said he would like to start with the premise that the bigger the space, the more it will beused. Commissioner Gordon asked when the technology plan will come back, and if it is m possible h» have it sooner than November 5 Ken Redfoot said this can be provided sooner Commissioner Gordon said she feels this should be requested sooner than November 5th. She asked why this 4th plan was not included in the packet. She also noted that the space study is still to be completed. She said conference rooms could be added later, and the flex space could be made into offices. She likes long term strategic plans and she wants to underscore that this approval does not preclude reacting to the space study, and making changes to the Whitted space later. A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to continue to review and comment on the schematic design of the Whitted Permanent meeting room initially presented during the September 12, 2013 work session; to receive and review a requested report of technology alternatives prior to the November 5th meeting; and to authorize staff to move forward with construction document preparation subject to a review and discussion of the technology alternatives report. VOTE: UNANIMOUS 8. Reports,- NONE 9. County Manager's Report - NONE 10. County Attorney's Report - NONE 11. Appointments a. Adult Care Home Community Advisory Committee —Appointments The Board made appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint to the Adult Care Home Community Advisory Committee: • Ms. Deborah Rider to an At-Large position (#3), with an expiration date of 6/30/2016 • Ms. Rosie Benzonelli to an At-Large position (#7) for a one year training term, with an expiration date of 10/30/2014. • Ms. Joyce Teston to an At-Large position (#8) for a one year training term, with an expiration date of 6/30/2014 VOTE: UNANIMOUS A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to appoint to the Adult Care Home Community Advisory Committee: • Ms. Karen Schnell to an At-Large position (#12) for a one year training term with an expiration date of 3/31/2014 VOTE: UNANIMOUS The Clerk to the Board, Donna Baker will check with support staff for this board, since applications are vetted, to make sure Ms. Schnell is available to serve. b. Hillsborough Board of Adjustment—Appointment The Board made an appointment to the Hillsborough Board of Adjustment. A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint to the Hillsborough Board of Adjustment: • Carl Eddie Sain for an extended term (no other eligible candidates) expiring 06/20/2014. VOTE: UNANIMOUS c. Historic Preservation Commission-Appointment The Board made an appointment to the Historic Preservation Commission. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint to the Historic Preservation Commission: • Jaime Grant to an At-Large position (#1), with an expiration date of 3/31/2015 VOTE: UNANIMOUS d. Human Relations Commission-Appointment The Board made an appointment to the Human Relations Commission. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to request a reduction in the size of this board, and to appoint to the Human Relations Commission: • Monica Richards as Town of Carrboro Special Representative position (#10), with an expiration date of 6/30/2016 Commissioner Price noted there are several openings on this Board. She asked if there has been consideration of decreasing the size of this Board. Donna Baker said this has been discussed and is being considered. Chair Jacobs suggested this decrease be requested again to gain a response. VOTE: UNANIMOUS e. Nursing Home Community Advisory Committee-Appointment The Board made an appointment to the Nursing Home Advisory Committee. A motion was made by Commissioner Price, seconded by Commissioner Dorosin to gain more information regarding flexibility in appointing the open positions and to appoint to the Historic Preservation Commission: • Teri Driscoll to an At-Large position with an expiration date of 9/30/2014 Commissioner Price noted the additional vacancies on the board and she began making appointments to these positions. Donna Baker noted that this board requires due diligence for appointments. Commissioner Dorosin noted the special conditions for each of these openings. He wanted clarification on whether people can be nominated who do not have the listed qualifications. He noted that several of these spots have been open for several years and he questioned if these qualifications should be lifted. John Roberts noted that these requirements may be governed by state statutes and not the advisory board policy. Donna Baker said that she would contact the support staff for this board to indicate what the BOCC wanted to do and to ask for direction. VOTE: UNANIMOUS f. Orange County Planning Board —Appointment The Board was to make an appointment to the Orange County Planning Board. DEFFERED Commissioner Gordon asked that this item be deferred since the sub-committee of Commissioner Pelissier, Clerk to the Board Donna Baker and herself were revising the volunteer application, per the Board of Commissioners, to add additional questions for 5 boards/commissions, including the Planning Board. She said this revised application will come before the BOCC sometime in the next month, and then she would like for applicants for this position to re-apply using the revised application, if possible. The Board agreed and Chair Jacobs said it was important to make sure the review of the revised application is not on the same night as the appointments are to be made. He also asked that township applications be organized so that the applicants living in the township are seen first. g_ Orange Unified Transportation Board —Appointment The Board made an appointment to the Orange Unified Transportation Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint: • Amy Cole to the Orange Unified Transportation Board in the Public Transit Advocate position (#13) with an expiration date of 9/30/2016. VOTE: UNANIMOUS 12. Board Comments Commissioner Dorosin — none Commissioner Gordon referred to a hand out regarding a recent meeting of the Transportation Advisory Committee of the Metropolitan Planning Organization. She said there was a good amount of discussion regarding the strategic transportation investment legislation. She noted the section at the bottom of the page regarding the strategic transportation investment and its effect on the TIP planning and approval process. She said $6 billion for fiscal years 2016-2025 is allocated to state mobility projects. She said there is a new way to score potential projects and these projects are programmed prior to any local input. She noted that $4.5 billion goes to regional projects. She said that projects not selected in the state projects can then be selected in the regional category. She said this creates a cascade effect that puts more potentially eligible projects in the regional tier. She said the new selection criteria are based on 70 percent data and 30 percent local input. She said that the Transportation Advisory Committee will be sending a letter articulating the concerns regarding a need for more local input and the implications of the cascade effect. Commissioner Price — none Commissioner McKee — none Commissioner Pelissier— none Commissioner Price — none Chair Jacobs said he would like a report from staff on how the use of the Southern Human Services Center meeting room by Chapel Hill is going. He said three of Commissioners were at the official opening of the Hampton Inn in Carrboro this evening and he was impressed with the facility and encouraged by the creation of 50 jobs. He congratulated Commissioner Foushee on being chosen to fill Senator Kinnaird's Senate seat. Chair Jacobs referred to Commissioner Gordon's discussion about local input and said that there is some debate regarding what this even means. He said the Board had received an email asking for their input on what this term means, and how the Board should be involved. He said is important for the Board to have clear input here. 13. Information Items • September 5, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • BOCC Chair Letter Regarding Petitions from September 5, 2013 Board Meeting 14. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Rich to go into closed session at 10:27 pm for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to go into open session at 11:10 pm VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adjourn the meeting at 11:10pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board