HomeMy WebLinkAboutAgenda - 02-04-2014 - 6a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2014
Action Agenda
Item No. 6-a
SUBJECT: MINUTES
DEPARTMENT: PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
November 21, 2013 AOG Meeting
December 2, 2013 BOCC Regular Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
I Attachment 1
2
3 DRAFT MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 CHAPEL HILL TOWN COUNCIL
6 HILLSBOROUGH BOARD OF COMMISSIONERS
7 CARRBORO BOARD OF ALDERMEN
8 November 21, 2013
9 ASSEMBLY OF GOVERNMENTS
10
11 The Orange County Board of Commissioners met with the Towns of Chapel Hill,
12 Carrboro and Hillsborough for an Assembly of Governments meeting on Thursday, November
13 21, 2013 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill. N.C.
14
15 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
16 Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, and Penny Rich.
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEYS PRESENT: John Roberts
19 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
20 Managers Cheryl Young and Clarence Grier, and Clerk to the Board Donna Baker (All other
21 staff members will be identified appropriately below)
22 CHAPEL HILL TOWN COUNCIL MEMBERS/STAFF PRESENT: Mayor Mark Kleinschmidt, Ed
23 Harrison, Jim Ward, Lee Storrow, Matt Czajkowski, Lauren Easthom and Town Manager Roger
24 Stancil
25 CHAPEL HILLTOWN COUNCIL MEMBERS ABSENT: Gene Pease, Donna Bell
26 CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT/STAFF: Mayor Chilton, Pro Tern
27 Lydia Lavelle, Aldermen Damien Seils, Michelle Johnson, Jacquelyn Gist, and Town Manager
28 David Andrews.
29 CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Randee Haven O'Donnell and
30 Sammy Slade
31 TOWN OF HILLSBOROUGH COMMISSIONERS/STAFF: Mayor Tom Stevens, Town
32 Commissioner Eric Hallman, and Town Manager Eric Peterson
33 TOWN OF HILLSBOROUGH COMMISSIONERS ABSENT: Frances Dancy, Michael Gering,
34 Brian Lowen and Evelyn Lloyd
35
36
37 Welcome, Call to Order and Opening Comments (BOCC Chair and Mayors)
38 Chair Jacobs called the meeting to order.
39 Mayor Kleinschmidt congratulated all of the election winners. He noted that Mark
40 Chilton had not arrived yet; however he expressed thanks for Mayor Chilton's years of public
41 service.
42 Mayor Stevens recognized those who were newly elected, as well as Frances Dancy
43 and Mike Gering, who are retiring from his Board.
44 Chair Jacobs explained that he and the Mayors structured the meeting so that those
45 items affecting all of the municipalities were placed earlier in the agenda.
46 Chair Jacobs congratulated Dean Smith for his receipt of the Presidential Medal of
47 Honor.
48 Chair Jacobs walked everyone through the following items at their places:
49 - Letter from UNC Center for Civil Rights, regarding RENA, Title 6 complaint
50 - Changes in language from Town of Chapel Hill, regarding Item 2
2
1 - Green and Blue Sheets, regarding Item 4
2 - PowerPoint -Agricultural Support Enterprises in the rural buffer
3
4 Mayor Kleinschmidt thanked Lauren Easthom and Gene Pease, who are retiring from
5 his council.
6 Alderman Gist said that Alderman Haven-O'Donnell would not be able attend, due to
7 illness.
8
9 1. Affordable Housing Updates (Tara Fikes and Towns)
10 Tara Fikes said affordable housing is still a pressing issue for the Towns and the
11 County.
12 She noted that there are several attachments included in the abstract to assist in
13 providing an update. She referred to the list of County initiatives and highlighted the following
14 item, from page 2 of the abstract:
15
16 • Together, the Advisory Board and the Center for Homeownership and Economic Development
17 Corporation continue to refine a proposal to create an Affordable Housing Clearinghouse to be
18 known as the Orange County Clearinghouse Network. This network would create a housing
19 referral network countywide for individuals seeking affordable housing information and
20 opportunity. Attachment I provides a brief overview of the proposed Clearinghouse.
21
22 Tara Fikes said this network will provide information to the public regarding available
23 housing for both rental and ownership. She said the clearinghouse will also provide information
24 about local affordable housing programs throughout the County, as well as federal and state
25 housing programs. She said additional resources will be provided; including homebuyer
26 education; financial literacy and money management; foreclosure prevention counseling; and
27 homeless resources.
28 She said this network is slated to operate from the Center for Home Ownership and
29 Economic Development in Hillsborough. She said the goal is to have a dedicated phone line for
30 information, and to implement these ideas by July 2014.
31
32 Michelle Johnson arrived at 7:12 pm.
33
34 Lauren Clark, Assistant Planning Director for Chapel Hill, said the Town has three key
35 strategies. She reviewed the following information on these strategies, from page 2 of the
36 abstract:
37
38 Affordable Housing Strategy
39 On June 13, 2011, the Town approved an Affordable Housing Strategy that provides a
40 framework for consideration of affordable housing issues in Chapel Hill. A copy of the
41 Strategy is attached as Attachment 11.
42
43 Lauren Clark said the above strategy was developed through significant partnership and
44 outreach. She said staff met with over 400 members of the community who represent different
45 affordable housing interests. She said the actual strategy was developed with an advisory
46 board appointed by the Mayor, and efforts are now being made to develop performance
47 measures to determine success.
48
49 Lauren Clark reviewed the following strategies from pages 2 and 3 of the abstract:
50
3
1 Mayor's Committee on Affordable Rental Housinq
2 Additionally, in May 2013, Chapel Hill Mayor Mark Kleinschmidt established a Committee on
3 Affordable Rental Housing with the following charge.
4 • Use research and data available and the expertise of the Committee to develop for Town
5 Council consideration, short, medium and long term options, consistent with the Affordable
6 Housing Strategy and the Chapel Hill 2020 comprehensive plan, that meet the community's
7 affordable rental housing needs that the Council could apply to development applications that
8 propose rental housing; and
9 • Foster collaborative conversations among the Town, the private sector, and other community
10 stakeholders to explore possible partnerships and financial resources to increase the availability
11 of affordable rental housing in Chapel Hill.
12
13 The Committee, led by Council members Sally Greene and Donna Bell presented the
14 Committee's recommendations to the Council on October 15, 2013. The recommendations are
15 included in this abstract as Attachment III. There are plans for further consideration of
16 Committee's recommendations by the Chapel Hill Town Council in early 2014.
17
18 Proposed Affordable Housing Development
19 Recently, DHIC, a Raleigh non-profit housing developer has proposed developing up to 80
20 family apartments and up to 60 senior apartments on 10 acres of Town-owned land adjacent to
21 the Chapel Hill Memorial Cemetery. Current funding plans include applying for Low Income
22 Housing Tax Credits from the NC Housing Finance Agency to keep the project affordable. The
23 preliminary application for this funding would be due in mid- January 2014.
24
25 Lauren Clark said this type of tax credit project was the top priority of the Mayor's
26 Committee on Affordable Rental Housing, and this was their top recommendation.
27
28 III. Town of Carrboro
29 Trish McGuire, Planning Director for the Town of Carrboro, reviewed the following
30 information from page 3 of the abstract:
31
32 The Carrboro Board of Aldermen established an Affordable Housing Task Force in 2012. Three
33 members of the Board of Aldermen were selected to serve: Dan Coleman, Michelle Johnson,
34 and Sammy Slade. The purpose of the task force was to evaluate how/whether the Town's
35 affordable housing density bonus provisions should be restructured and an initial report was
36 presented on December 4, 2012. (See Attachment IV.) Following Alderman Coleman's
37 resignation in December 2012, Alderman Lavelle joined the task force, as did representatives of
38 the Planning Board and Transportation Advisory Board. Additionally, in the Fall of 2012, the
39 Carrboro Planning Board held three Affordable Housing Dialogues to discuss affordable
40 housing issues with the general public. The task force reported to the Board of Aldermen again
41 in June 2013 on next steps related to a comprehensive housing policy. A report from those
42 sessions is provided at Attachment V.
43
44 Trish McGuire said staff has also been working with a class from UNC, who provided
45 some analysis of affordable housing and transportation.
46
47 IV. Town of Hillsborough
48 Mayor Stevens said there are two affordable housing projects underway in the Town of
49 Hillsborough, as described in the Memorandum included as Attachment VI.
4
1 He said one of these projects is a 233 unit development that will provide, for the first
2 time, payment in lieu of developing affordable housing. He said the other project is a planned
3 affordable townhome development in the Waterstone Community.
4
5 Mayor Chilton arrived at 7:19pm.
6
7 Alderman Lavelle asked Tara Fikes if it was possible to identify the projects in the
8 clearinghouse network that accept section 8 vouchers.
9 Council Member Harrison said one of the mid-range strategies identified by the
10 affordable housing committee was land banking for future affordable housing units. He said
11 one struggle is that land is expensive in the southern part of the County. He said he was at a
12 recent meeting of the planning committee for the North Carolina League of Municipalities
13 (NCLM), regarding land banking, where it was pointed out that counties have a key role in
14 identifying foreclosed properties. He said his understanding is that the Town is developing a
15 good working relationship with the County appraiser. He said more help is always better in the
16 effort at land banking.
17 Alderman Gist said she wanted to make sure the other boards were aware of a negative
18 experience the Town of Carrboro had with using the low income tax credit for affordable
19 housing. She said the Town approved a developer using these credits instead of the Home
20 Trust, and it has now come back to bite them. She said the HOA fees are going up beyond
21 what the owners can afford, and there is no backup organization like there would be with the
22 Home Trust. She said there are also issues with the maintenance of the properties, since the
23 residents own them.
24 Council Member Ward asked if anything was already in place to institutionalize quarterly
25 or regular meetings of the various municipal and county efforts. He said is important to make
26 sure efforts are not being done in individual silos, and that opportunities are taken to identify
27 successful ways to work together.
28 Tara Fikes said there is currently no structure for that type of collaboration; however it is
29 obvious that there is a need for this. She said there is a need to develop a coordinated
30 affordable housing plan in 2014, and said staff recognizes that there is an opportunity for
31 sharing.
32 Commissioner Dorosin said that much of the current process is about creating new
33 affordable housing. He does not feel that enough attention is paid to the support of existing
34 affordable housing owners in the community. He referred to the earlier suggestion regarding
35 foreclosed properties, and said he is wary of preying on people who are going through
36 foreclosures.
37 He would like to see efforts aimed at supporting existing homeowners, whether through
38 property tax subsidy, credit, or some other type of support. He feels that more direct subsidy
39 programs should be considered. He suggested the creation of a section 8 program that could
40 combine vouchers or incentive programs. He said this is not to take away from the emphasis
41 on creating new affordable housing, but the issue needs to be looked at from both ends.
42 Council Member Harrison said one of Jackson Center's major goals is the protection of
43 existing, long time home owners.
44 Commissioner Pelissier said everyone has an interest in affordable housing. She
45 suggested the pursuit of something modeled after the Partnership to End Homelessness group.
46 She said this could include the municipalities, the County, and people from the non-profit
47 sector. She said it seems that every one is creating a board to address affordable housing, but
48 this is not the best way to go forward. She suggested that the managers get together to create
49 a model for all of the boards to work together.
5
1 Chair Jacobs said he agrees with this, because there is a large amount of overlap in
2 these affordable housing reports. He discussed the idea of mobile homes as affordable
3 housing units in the municipalities, and he said this requires the County to work with the
4 municipalities.
5 Chair Jacobs said he is not advocating anything in particular, but the County is going to
6 be discussing bond issues in 2015. He questioned whether there should not be a coordinated
7 plan for the entire County, heading into a bond plan.
8 Council Member Greene agreed that it sounds like a promising plan to create a nucleus,
9 and avoid duplication of efforts.
10 Alderman Gist said if a program was started to buy foreclosed houses, she would
11 suggest that these properties be bought and then sold back to the owner.
12 Mayor Kleinschmidt said foreclosures occur for different reasons. He said one of the
13 challenges is that homeowners in this degree of distress are often preyed on by others. He
14 said this often removes the unit from affordability status, and it becomes an investment
15 property. He said the goal is not to be involved in the hunt, but there is a role for government to
16 play in helping to preserve the stock of affordable inventory.
17 Mayor Kleinschmidt said the institutions are another group to remember. He said the
18 mention of the Jackson Center invokes the important role the University is playing in the
19 process to help mitigate the challenges and provide solutions in neighborhoods around UNC.
20 He said there is recognition that there is a role to play in creating a solution.
21 Council Member Greene said creating a group similar to the Partnership to End
22 Homelessness could help formalize that sort of collaborative thinking. She heard about a
23 mobile home property bought by Habitat for Humanity. She said Habitat rebuilt the community
24 and then moved the original residents back in to the neighborhood.
25 Chair Jacobs said he is hearing the suggestion that the managers to get together to
26 recommend a way to move forward jointly.
27 Mayor Chilton said, last week, the Board of Aldermen meeting recognized town staff that
28 responded to the flooding this past summer. He expressed thanks to all of those who
29 responded to the various emergency issues. He said he wished to particularly recognize the
30 Orange County Housing Department, who mobilized all of their resources to deal with
31 dislocated families. He expressed appreciation for the leadership of Tara Fikes and staff.
32 Tara Fikes said this was a joint effort with the Department of Social Services (DSS).
33 Chair Jacobs said page 32 contains a draft agreement with the Community Home Trust
34 (CHT). He introduced Robert Dowling from CHT.
35 Robert Dowling said he is here to ask the Assembly of Governments to approve an
36 interlocal agreement between all four governments and CHT. He asked that a working group
37 be named, with a representative from each government, to work with the board and staff of
38 CHT. He said this board could take the draft and push it further. He said CHT works for all of
39 the governments.
40 He said CHT is a creature of local government, and came from a County task force in
41 the 80s. He said the goal was to figure out how to keep affordable housing affordable. He
42 gave a brief background of the trust. He said the organization moved forward very quickly, and
43 though it is small, it has a lot on its plate.
44 Robert Dowling said he is overly prone to pointing out challenges and less prone to point
45 out successes. He said he would like to go on record as saying this is a huge success, and it
46 could not have happened without support.
47 Chair Jacobs suggested having the managers discuss this proposal, confer with the
48 attorneys, and bring back a list of recommendations.
49
50 2. Solid Waste Updates Regarding Future Recycling/Waste Reduction Initiatives
6
1 Gayle Wilson said there have been efforts to increase emergency preparedness by
2 adding two new storm debris management sites. He said the landfill property was historically
3 the only site approved for storm debris management. He said the two new sites are located on
4 Mincey Road near Highway 57, as well as a location on Millhouse Road, near the future
5 Millhouse Road Park. He said these sites are temporary and are only utilized in a declared
6 storm event. He said these sites have capacity for Town use. He said Orange County has
7 also executed contracts for the collection and processing for some quantities of storm debris.
8 Gayle Wilson said the Board of Commissioners has planned a total modernization and
9 reconstruction of the Solid Waste Convenience Center (SWCC) on Eubanks Road. He said the
10 site is planned to be larger, with more recycling opportunities. He said compacters will be
11 installed for efficient hauling; there will be paved surfaces for a more sanitary facilities; and
12 there will be expanded recycling to include cooking oil, food waste, textiles and plastic film. He
13 said the hazardous waste facility will be moved and incorporated into the SWCC. He said the
14 landfill scales will be moved from the south side of the road to the north side to eliminate large
15 trucks crossing the road.
16 Gayle Wilson said there was a meeting last week with the town of Chapel Hill. He does
17 not know when the construction will begin, but he believes the current users will be pleased with
18 the new facility, despite the disruption of 3 or 4 months of construction.
19 He said a new Interlocal Agreement for Solid Waste management needs to be in place
20 before July 1, 2014. He said Town and County staff drafted an outline last year, with the
21 objective of building the framework for future discussions. He said this outline has been shared
22 with all of the Town staff. He said it would be helpful to staff if elected officials could agree on a
23 process to move the outline forward to a formal agreement that can ultimately be adopted by all
24 parties.
25 Gayle Wilson said, after further guidance, staff will attempt to further refine and develop
26 the current draft outline. He said the attorneys and elected officials will have to be involved at
27 some point.
28 He gave an update on Roll Carts for the curbside program. He said staff is ready to
29 move forward with these for both urban and rural programs, but these cannot be implemented
30 simultaneously. He said the urban program will be addressed first.
31 He said the weekly urban curbside program is operated by private contractors
32 administered by the County. He said collected materials are delivered to the Eubanks Road
33 recycling processing center and then hauled to market. He said 10-20 gallon bins have been
34 used since the program was initiated 25 years ago, and the program was previously funded by
35 an annual urban 3-R fee of$52 per year.
36 He said the every other week rural curbside program is operated by County staff and
37 equipment, using the same bins. He said this service was previously funded by rural 3-R fee of
38 $38 per year.
39 Gayle Wilson said the multi-family program is operated with County staff and equipment
40 using roll carts. He said roll carts have been used since conception and no additional carts are
41 contemplated moving forward. He said this was previously funded using 3-R fees of$19 per
42 year per unit.
43 Gayle Wilson said if the County and towns agree, staff can proceed with the purchase of
44 these roll carts and implement the program by July 1, 2014. He said the Towns have applied
45 for a state roll cart grant that would total up to $214,000 to supplement the urban program roll
46 cart acquisition cost of$1,043,000.
47 Michael Talbert said the Towns and County, at staff level, are ready to move forward
48 with the roll cart program and a long term partnership. He reviewed the information in their
49 packets.
7
1 He said the draft local agreement letter of intent is included and has been revised and
2 updated. He said the County is interested in a long term relationship and continuing the long
3 and successful partnership to move forward with recycling and waste reduction.
4 Michael Talbert said the County is already in the process of doing a Request for
5 Proposals (RFP) for weekly and every other week collection. He said the County is also
6 assisting the Towns with applications for roll cart grants. He said the plan is to proceed with an
7 interim agreement to purchase the roll carts, and move forward as soon as possible.
8 He said the final step is to authorize the County and Town managers to move forward in
9 good faith to finalize the new comprehensive interlocal agreement. He noted that the last
10 agreement expired on June 30, 2013 when the landfill closed.
11 Michael Talbert said the goal is a long term agreement of 5 years or more, with set fees
12 and multipliers to allow a known quantity, with the possibility of inflation of fuel charges built in.
13 He said performance measures would also be included.
14 He said the purpose of the letter of intent is to avoid losing time when the boards take a
15 break in mid-December.
16 Commissioner McKee said the upgrades at the Walnut Grove Convenience Center have
17 made it much more efficient, and it would be worth a look if anyone has questions about the
18 upgrades. He said there were initially questions about the wisdom of the money spent on the
19 Walnut Grove upgrades, but it is much more functional now.
20 He said he is convinced that recycling and solid waste can be done more efficiently
21 when done together rather than individually. He would like to see a unified system for the
22 residents.
23 Council Member Ward said he would be interested in knowing the details about the
24 participation of town governments in the decision making.
25 Michael Talbert said that was an initiative put in by the Towns, so he is not quite sure.
26 He said the County staff is willing to share in the management. He said there is an RFID chip in
27 the carts that will provide data about usage, and this information will be shared with the Towns
28 and the County. He believes this should be a collaborative process between the Towns and the
29 County.
30 Roger Stancil said efforts have been made to encourage collaboration. He said this has
31 been more of a County operated system in the past, and the towns were more of a customer.
32 He said the Towns, the solid waste staff, and the managers have something to contribute to
33 how the recycling program operates. He said the formalization of this collaboration will
34 maximize the benefit of having a joint program.
35 Council Member Ward said the model used for the Chapel Hill transportation partnership
36 might work for this process. He said many different organizations make decisions in a very
37 collegial partnership manner. He said the decisions are made after everyone has discussed
38 them, and this has been a tremendously successful group.
39 Mayor Chilton said the Board of Aldermen discussed two of these issues the other night,
40 and the decision was made to move forward with the roll carts. He questioned whether or not
41 Chapel Hill is also participating.
42 Mayor Kleinschmidt said the Town of Chapel Hill is seeking a grant to purchase roll
43 carts, but the council has not decided about the partnership.
44 Mayor Chilton asked why roll carts would be purchased if this has not been decided.
45 Mayor Kleinschmidt said the roll carts would need to be purchased one way or the other.
46 Mayor Chilton asked if there was any clarity about Chapel Hill's participation in the
47 County's urban curbside program.
48 Mayor Kleinschmidt said this decision is not clear yet for the town of Chapel Hill. He
49 said the council was able to discuss this in a work session prior to the receipt of responses to
50 council questions and comparisons of private contractors and the County. He said the council
8
1 is being convened tonight with this report in front of them for the first time. He said there is one
2 more meeting between now and the end of the year, and he understands the urgency to
3 provide information by the end of the year.
4 Mayor Chilton said he has not looked at the numbers from other contractors, but he
5 would like to point out that Orange County was the first County to achieve, in a meaningful way,
6 the state's solid waste reduction goals through recycling. He said the County has set and
7 achieved the most aggressive target of any County in North Carolina.
8 He said people visit from all over the world to see the County's solid waste management
9 system. He would hope that the numbers would have to be extremely compelling in order for
10 the Chapel Hill Town Council to walk away from the state's most successful solid waste
11 management system. He realizes it is not impossible to work together even if Chapel Hill has a
12 separate contract for curbside collection; but the program has gotten this far together, and he
13 feels the Towns and County should move forward together to take it to the next level.
14 Mayor Kleinschmidt said he does not want there to be any perception of a lack of
15 appreciation for the success that has been achieved over the last few decades. He said this
16 achievement is understood by every member of the council, and this will inform whatever
17 decision is made.
18 Mayor Kleinschmidt said he does want to note that the solid waste system that exists
19 today is not the same system that existed two years ago. He said there is no longer a landfill in
20 Orange County, and waste is being shipped elsewhere. He said the curbside recycling is
21 contracted by Orange County to operate in the Town limits. He said these are different parts
22 than existed two years again, and he thinks it is not unwise to reflect on how the Town might
23 use these parts to best achieve the goals of the citizens.
24 He said he understands the urgency, and he anticipates a decision very soon; however
25 he is not going to get ahead of his council on what that decision will be.
26 Council Member Ward said he does not understand the urgency yet. He hears the
27 words, but he has also heard that the end of the year timeline is not the only time frame by
28 which this can be done. He would like to understand more about the current timeline, as well
29 as the best alternatives should that deadline not be met. He has heard that this roll cart system
30 could be rolled out just as easily in September of 2014, which would allow 2 more months for a
31 decision.
32 Michael Talbert said this could be done in September. He said there have been some
33 changes, as mentioned by Mayor Kleinschmidt; however, the rural and curbside recycling has
34 continued to operate at the pleasure of the Board of Commissioners through the use of
35 reserves in the solid waste fund. He said this has been very seamless for the Towns and the
36 rural areas. He said staff has moved forward with a single stream, and the system continues to
37 use the smaller 18 gallon containers to do this. He said this is not as efficient or as easy as it
38 would be with the larger roll carts.
39 He said this could be delayed; however the consideration is the feasibility of levying the
40 fees as part of the budget for next year. He said this fee would be effective as of July 1. He
41 said the goal is to deliver, as a show of good faith, on July 1, a new and upgraded service to the
42 citizens paying that fee. He said the goal is to improve the system, increase the recycling
43 capacity and achieve the goal of 61 percent.
44 Roger Stancil said the Town has considered the County's interest, and this is why that
45 proposal has been presented to move quickly. He said if you just consider Chapel Hill, there
46 are active bids on the table. He said if the Town were to go its own way, the council would
47 need to act on these bids. He said one of these bids includes waste zero as part of its
48 proposal. He said if these proposals are going to be pursued the Town will need direction,
49 because there is either a tax rate implication or a fee that must be established on the budget
50 amendment. He said the program cannot run without any money.
9
1 Commissioner Dorosin said he wanted to be clear that the Town Council did authorize
2 the attorneys to pursue this letter of intent.
3 Mayor Kleinschmidt said the Town provided direction after the work session, based on
4 the recommendation of the manager, to negotiate with the County in an attempt to gain added
5 value.
6 Commissioner Dorosin asked if the Town will vote on this at their Monday night meeting.
7 Mayor Kleinschmidt said he would assume that something will have to be done very
8 soon.
9 Roger Stancil said it is not currently on the agenda. He said it could be added to the
10 agenda, based on the conversation tonight; otherwise it would come back at the first meeting in
11 January.
12 Council Member Czajkowski said he knows that a large portion of their council
13 discussion was about wanting to see information from Orange County. He asked Roger Stancil
14 if this information has been received.
15 Roger Stancil said no.
16 Council Member Czajkowski said the unanimous sense of the council was that this
17 information was needed. He said it felt like the council was being asked to make a decision
18 about something without having all of the information. He asked when this information will be
19 received.
20 Roger Stancil said Gayle Wilson and Michael Talbert are aware of this request. He said
21 the information has not been received, and this is one reason this item has not been added to
22 the agenda
23 Chair Jacobs said the Commissioners have no idea what information has been
24 requested. He said the Board will direct staff to provide whatever information is needed for the
25 council to make an informed decision. He said the Board is trying to be as open, cooperative
26 and proactive as possible. He said nothing has been missed intentionally and the Board wants
27 to make this work.
28 Council Member Ward said one of the questions dealt with the fact that the private bids
29 received by the town had a 5 year commitment, and Orange County did not provide this. He
30 said in reading this information, it is his impression that with a properly worded interlocal
31 agreement this could move forward without that specificity. He said things could move forward
32 with a letter of intent or memorandum of understanding to create a process through which the
33 Town of Chapel Hill could participate in the financial discussions with the County. He said the
34 fact that the council does not have it today is not a problem for him.
35 He said he was one council member who identified additional services that Orange
36 County provides throughout the greater community, such as assistance with recycling at public
37 events like Festifall. He asked if any of the other proposals received from private entities
38 provide services such as this.
39 Roger Stancil said this is part of what the Council asked. He said the County was asked
40 for a 5 year agreement; information on the cost of collection; identification of administrative
41 cost; and the cost of overhead. He said the bids from the private sector were for collection
42 only.
43 Council Member Ward said the private sector bids may contain a 5 year plan, but they
44 will be a higher bid because of the uncertainty assumed. He clarified that the added services
45 provided by the County are not included in the bids from private entities.
46 Roger Stancil said yes. He said it was difficult to compare the private sector to the
47 County, because the numbers and breakdown were different.
48 Michael Talbert referred to attachment E on page 30. He said Gayle Wilson identified
49 the key issues raised at the council meeting and attempted to provide answers. He said that
50 when the Town requested bids from the private sector the County was not asked for a bid. He
10
1 said the County entered the process several weeks after the evaluation process was started.
2 He said the County has to go out and get pricing before a firm price for 5 years can be given.
3 He said the County is interested in giving this, and estimates have been listed in the
4 attachment. He referred to pages 30 and 31 of the abstract and reviewed the pricing listed
5 there, noting that this is the best guess at the moment. .
6 Gayle Wilson said he did try to respond to the questions he heard. He said it is difficult
7 to give the Town a 5 year pricing when many of the costs are not known yet. He said the
8 collections service cost and the roll cart bids are not known; and there is no answer to the grant
9 requests yet. He said this makes it risky to give a price at this time. He said the multi-family
10 cost can be fairly accurate, since this is already run by the County. He said he can't push a
11 price and ask the County to guarantee it for 5 years with the lack of information.
12 Chair Jacobs said a 5 year agreement is in the County's interest as well and the Board
13 wants to make this work. He said the two staffs can work together to serve their constituents.
14 He said the Board of County Commissioners is not going to stand in the way of making this
15 work.
16 He said the County has been interested in the purchase of carts for years but was
17 hesitant to move forward without a mutual commitment. He said it seems this issue is close to
18 agreement, and he hopes everyone joins.
19 Council Member Ward said he is prepared to support a move forward with this letter of
20 intent. He noted that it is written in this agreement that the Town of Chapel Hill is seen as an
21 equal partner in setting the costs. He would like this letter to treat the other Towns the same
22 way.
23 Commissioner Gordon said she hopes everyone can find a way to have a unified effort
24 and work together. She understands there is a process that has to be followed, but she would
25 like to underscore the past success of working together.
26 She mentioned a concern with privacy, regarding the chip in the cart to collect data.
27 She wants the Board to think about this.
28 Mayor Chilton asked if this is central to the application.
29 Gayle Wilson said yes. He said the grant application requires the carts to be fitted with
30 the RFID chip.
31 Mayor Chilton asked why, and he asked if there is a significant cost difference in carts
32 with or without the chips.
33 Gayle Wilson said it is a nominal difference in cost, but most entities are using the chips
34 nationwide, as it allows for tracking of participation rates. He said this can capture specific
35 routes that have low participation rates where education efforts to encourage recycling can then
36 be focused. He said the system does not track specifically who lives there.
37 Mayor Chilton asked if there is a way of protecting this information.
38 Gayle Wilson said this can be protected, since there is a portal where the information
39 resides. He said those without access cannot view it.
40 Mayor Kleinschmidt said there are open data interests at play here. He said cities at the
41 front of providing high quality services to their community are opening their data to come up
42 with new solutions to problems.
43 Mayor Chilton said you can contract with a company to drive around and scan the bins.
44 He said the trucks will have a computer that reads the addresses and what the bins are
45 collecting, but the question is what the contracted company would be able to do with that
46 information. He said some of the individual products are also now being fitted with RFID chips,
47 so the truck can tell what is in the recycling bin. He does not think having RFID chips on the
48 carts is a problem, but it is a problem to interject a private contractor that will scan these. He
49 said there might be a way to disallow this in the terms of the contract.
11
1 Alderman Gist said she is more concerned about the private sector and corporations
2 impinging on her civil rights than she is about local governments impinging on them.
3 Mayor Chilton said presentations were given at the solid waste working group about the
4 company organized around this concept of scanning the anticipated RFID tags. He said it will
5 be important to be clear with the contracted collection company that this is not allowed.
6 Council Member Storrow echoed Council Member Ward's comments. He said it makes
7 thoughtful sense to set up a scenario where the Town has a stake in the process and outcome.
8 Chair Jacobs said the discussion about the chips has been enlightening, and staff will
9 make sure that the privacy issues are protected.
10 Chair Jacobs said he is hopeful there will be some communication back to the County
11 soon about the letter of intent.
12 Council Member Easthom said she would like to officially ask Mayor Kleinschmidt and
13 Roger Stancil if this item could be added to the agenda for Monday.
14 Mayor Kleinschmidt said it could be added.
15
16 Mayor Stevens said Hillsborough is a party to the affordable housing and the solid waste
17 issue.
18 Town of Hillsborough elected officials left at 8:36pm.
19
20 3. Chapel Hill ETJ Expansion Process (Craig Benedict/JB Culpepper)
21 Chapel Hill Planning Director J.B. Culpepper said one recommendation from the Rogers
22 Road task force was the extension of Chapel Hill's ETJ, in order for Chapel Hill's community
23 development funds to be expended. She said the property is currently located in the joint
24 planning area.
25 She said in September the Chapel Hill Town Council asked the County to initiate the
26 process for this extension, and a public hearing was held in October. She said this item is
27 intended to go back to the town council on January 13, 2014 for possible action. She said if the
28 extension were to occur Orange County would need to take action as well, and Chapel Hill
29 would have 60 days to apply for zoning in this area.
30 JB Culpepper referred to a map and noted the tan area as the area being discussed.
31 Mayor Chilton asked why was this not part of the ETJ 20 years ago.
32 JB Culpepper said that request was what initiated the Joint Planning Agreement (JPA)
33 discussion.
34 Mayor Kleinschmidt said this was a compromise because the Town wanted to and the
35 County did not.
36 Commissioner Gordon asked how the JPA fits into this.
37 J.B. Culpepper said there have been discussions about what might be needed in terms
38 of the JPA, and she does not know if extension in this area would require an adjustment to the
39 agreement.
40 Commissioner Gordon said the JPA states that a joint planning land use map change
41 requires a process. She said this is not a problem, but this needs to be folded into their
42 schedules.
43 Commissioner Dorosin said Chapel Hill currently has control of land use in this area,
44 and he asked if the zoning is Chapel Hill zoning.
45 J.B. Culpepper said the zoning is through the JPA, and both entities have to act to
46 change zoning.
47 Commissioner Dorosin said he wanted to clarify that zoning is in place in this area and is
48 consistent with Chapel Hill zoning. He asked if it is correct that someone in this area who was
49 building an addition on their house would have to get permits and inspection through Chapel
50 Hill. He said this would be the same in the ETJ.
12
1 J.B. Culpepper said this is correct.
2 Commissioner Dorosin said current requests for re-zoning require approval from the
3 County and the Town. He said, if the ETJ change is made, only the Town will have to approve
4 it. He noted that this is the only substantive change between the planning agreement and the
5 ETJ.
6 J.B. Culpepper said this is correct.
7 Commissioner Dorosin clarified that the reason this expansion was recommended by
8 the task force is because the only way Chapel Hill can expend funding in this area is if this land
9 is in the ETJ or the Town limits.
10 Chair Jacobs said the Board of Commissioners wanted to be clear regarding the impact
11 on the Joint Planning Agreement before signing off on the agreement.
12 J.B. Culpepper said this question can be discussed with the attorneys.
13 Commissioner Gordon said she has the JPA in front of her. She read from section 2.6
14 regarding the amendment of the land use map, which states that "no such amendment may
15 become effective until after it has been adopted by Orange County, Chapel Hill, and Carrboro,
16 following a joint public hearing by all three governing bodies."
17 J.B. Culpepper said staff will research this and report back.
18 Commissioner Dorosin asked if there is anything noted in Chapel Hill's long range plans
19 regarding re-zoning in this area.
20 J.B. Culpepper said there is a draft Rogers Road Small Area Plan that would require
21 some adjustments to land use if it were adopted.
22 Mayor Chilton said this calls for mixed use development near the Greene Tract.
23 J.B. Culpepper said the majority of the changed uses recommended in the report are
24 associated with the Greene Tract. She said this area is jointly owned by Orange County,
25 Chapel Hill and Carrboro, and this adds another layer of complication.
26 Mayor Kleinschmidt said it should be noted that for at least the last 13 years Chapel Hill
27 has not planned for re-zoning anywhere in the town. He said the Town addresses re-zoning
28 when a developer comes forth with a project. He said the lack of a plan to change zoning does
29 not really inform anything. He said applications to re-zone are accepted like any other
30 application.
31 Chair Jacobs said the next step is for Chapel Hill to consider this on January 13th, and
32 presumably the JPA issue will be addressed.
33 Mayor Chilton asked why this is a draft plan.
34 J.B. Culpepper said this is because it has not been adopted. She said it was referred to
35 a joint hearing and became absorbed in some of the other issues associated with the Rogers
36 Road area.
37 Mayor Chilton asked Mayor Kleinschmidt if this is coming back to the Town Council for
38 consideration at some point. He asked what significance should be attached to the fact that the
39 plan has not been adopted.
40 Mayor Kleinschmidt said, in his opinion, very little. He said this was a citizen developed
41 plan and it offers very good guidance.
42
43 4. Report from the Historic Rogers Road Neighborhood Task Force
44
45 Michael Talbert said the Historic Rogers Road Neighborhood Task Force finished up
46 their work this past September and the report has been presented to all three Boards. He
47 noted that the Rogers Road Small Area Plan was included as an attachment. He said this plan
48 was accepted in 2009, but nothing has been brought forward other than where things are now
49 with the task force.
13
1 Michael Talbert reviewed the following recommendations from the Historic Rogers Road
2 Neighborhood Task Force, as listed on page 3 of the abstract:
3
4 1. That that the Cost associated with the Community Center and Sewer Improvements will be
5 shared 14% Carrboro, 43% Chapel Hill and 43% Orange County.
6
7 2. That the Sewer Concept Plan presented by Orange Water and Sewer Authority (OWASA)in
8 2012 to serve 86 parcels at an estimated cost of$5.8 million should be funded by Carrboro,
9 Chapel Hill, and Orange County in proportion to the recommended cost sharing. The first
10 phase of the construction should include segments 5, 6, and 8 at an estimated cost of$3.7
11 million, serving 67 parcels. Funding recommended is to be included in the Fiscal 2014/2015
12 Budgets, with the remaining 19 parcels to be constructed in the second phase and included
13 in the Fiscal 2015/2016 Budgets.
14
15 3. That the Task Force prefers the original Sewer Concept Plan presented by OWASA in 2012
16 to serve 86 parcels at an estimated cost of$5.8 million. First this concept will provide sewer
17 improvements to the entire Historic Rogers Road Neighborhood; secondly, this proposal will
18 enable all of the partners, Orange County, the Town of Chapel Hill, and the Town of
19 Carrboro, to equally share the costs of the Community Center and Sewer Improvements in
20 proportion to their responsibilities. If either the Orange County Board of Commissioners or
21 the Chapel Hill Town Council do not favor the original Sewer Concept Plan presented by
22 OWASA in 2012 or cannot agree on the concept of an Extra Territorial Jurisdiction (ETJ) for
23 the Historic Rogers Road Neighborhood, the Sewer Concept Plan presented by OWASA in
24 2012 including only segments 5, 6, and 8 to serve 67 parcels at an estimated cost of$3.7
25 million should be funded.
26
27 4. That the County petition the Town of Chapel Hill to annex all County Owned Property in the
28 Historic Rogers Road Neighborhood.
29
30 5. That the Task Force requests that the Managers explore the collaborative approach to the
31 Historic Rogers Road Neighborhood as outlined in February 25, 2013 memo to Elected
32 Officials and report back to the Task Force on August 21, 2013.
33
34 6. That the Managers meet and talk about the options related to connecting the residents of the
35 Historic Rogers Road Neighborhood to sewer.
36
37 7. That funding is identified for the cost of connecting from the OWASA infrastructure to the
38 home in addition to applying for grants for low-to-moderate income persons. It is a priority of
39 the Task Force to identify funding not only for the installation of sewer infrastructure but also
40 cost of connections to homeowners and the Task Force recommends that the County and
41 Towns set up a fund specifically for people in the Historic Rogers Road Neighborhood and to
42 fund the cost of the connections from the home to the main.
43
44 Michael Talbert said the task force feels that recommendation 7 is the most important.
45 He said the following progress that has been made: the landfill has been closed; water
46 funding has been established for payment of tap and connection fees; the County has cleaned
47 up 21 illegal dump sites at the perimeter of the landfill; and a community center has been
48 designed.
49 Michael Talbert said there are a couple of possible next steps, one of which is to assign
50 the managers the task of implementing all 7 recommendations. He said there are some pitfalls
14
1 and legal restrictions to work around. He noted that the County is under an ongoing EPA
2 investigation, and there are also multiple jurisdictions involved. He said these hurdles are not
3 insurmountable.
4 He said a second option would be to allow the managers to move forward with a
5 development plan. He said several issues, including gentrification, adoption of a small area
6 plan, and the consideration of how and when the Greene Tract will be developed were not
7 addressed by the task force due to a lack of time.
8 He said the County and the town managers could come up with a master plan to make
9 this work. He said it is important that this community stays together and is not splintered. He
10 said there has been considerable concern about the installation of sewer and what this might do
11 to the composition of the community.
12 Michael Talbert said the Board has received, but has not adopted, the final report from
13 the task force. He said the Board, under the advice of the County attorney, is not moving
14 forward to take any action until the EPA complaint is resolved.
15 Alderman Seils questioned what sewer infrastructure in this area would mean for the
16 future of the community. He said it is important to remember that this task force included
17 citizens from this community, and in his mind this report expresses the interests and will of the
18 community.
19 Council Member Czajkowski said his fundamental question is whether the municipalities
20 can all move forward if the will exists. He asked what is stopping that from happening.
21 Chair Jacobs said, from the County's perspective, the EPA complaint is the only thing
22 stopping forward movement.
23 Council Member Czajkowski asked once the complaint is settled if there was any
24 likelihood that it would prevent things from moving forward. He asked if the plan is to wait to
25 put a plan in place until the complaint is settled.
26 Chair Jacobs said the manager's recommendation is to move forward with options in the
27 meantime.
28 Council Member Czajkowski asked what is involved in the planning.
29 Michael Talbert said it depends on the pleasure of each board. He said the County is
30 proceeding with the community center, but he does not know whether the focus is a full blown
31 utility district or a smaller district. He said the managers need direction.
32 Council Member Czajkowski said he wants to distinguish between planning and doing.
33 He said that doing means committing cash. He would like to see on Chapel Hill's agenda on
34 Monday, a commitment to funding their part. He said it is time to stop talking.
35 Alderman Johnson asked why the larger utility district is still on the table. She said the
36 task force did not recommend this because of the costs. She said a $3.7 million compromise
37 plan, with shared cost was brought to the task force.
38 Michael Talbert said she is correct about this. He said the number one priority is to get
39 sewer to the people of Rogers Road.
40 Alderman Johnson asked why the larger plan is still on the table.
41 Roger Stancil said the Chapel Hill Town council did ask him to explore this option. He
42 said if Carrboro and the County wanted to solve this problem now, it would be simple to do. He
43 said those two entities could take that on. He said what the Town is looking for is a way to
44 produce the resources that the Town has been talking about.
45 He said the first priority is to provide sewer to the people who need it. He said the
46 district is a way to produce resources that could do that, and it could be phased in. He said the
47 council asked him to explore this as a way that the Town of Chapel Hill could participate in its
48 funding.
15
1 Alderman Johnson asked if the council is aware that this was discussed in the task force
2 meeting, and the County said it would not be financially feasible. She would like to move
3 forward with what was actually recommended.
4 Mayor Kleinschmidt asked if it was true that it was financially impossible for the County
5 to participate in the larger district. He said he doesn't want to discuss the option if it is a no-go.
6 Michael Talbert said he is not sure it is an absolute no-go, but the price tag on the larger
7 district was $17 million. He said the County would have to be the lead agency, and this is not in
8 their CIP or on their radar screen. He said this would make it a very difficult sell. He said sewer
9 for the 86 parcels was seen as the priority, as discussed by the task force
10 Michael Talbert said when this was being discussed, the issue of the ETJ and the
11 question of Chapel Hill's participation came up. He said there was a great deal of uncertainty at
12 the time as to whether the Town could participate.
13 Mayor Kleinschmidt said right now the discussion is not about the larger district.
14 Michael Talbert said it was his understanding from talking to Roger Stancil that this is
15 what the Town Council wanted him to pursue.
16 Roger Stancil said it was pursued as a vehicle for creating resources for the Town of
17 Chapel Hill to participate in the funding of the extension of sewer. He said the priority was to
18 serve the identified properties of the Rogers Road neighborhood that have been affected by the
19 landfill. He said there was a preliminary meeting of the managers, including OWASA, to
20 discuss what it would take to establish that district. He said that district is one way to make this
21 happen, but the ETJ is also being pursued.
22 Mayor Kleinschmidt said it is not an absolute no to have a utility district to provide sewer
23 to the 86 properties. Alderman Johnson said she is referring to the $17 million district.
24 Mayor Kleinschmidt said this is not what is being discussed.
25 Chair Jacobs said there is some confusion because Michael Talbert referred first to the
26 recommendation of the task force; but then he put forth the idea of looking at the larger
27 universe of options. He said the task force recommendations are only a sub-set in this larger
28 universe. He said guidance would need to be given on this, as well as the disposition of the
29 Greene Tract.
30 Chair Jacobs said it is fine to keep talking; but it should be remembered that there are
31 two options on the table.
32 Council Member Ward said there may be additional strategies that come about when
33 discussing this suite of options.
34 Roger Stancil said proposed participants would be Orange County, OWASA, the
35 Jackson Center, the Credit Union and RENA. He said the main priority is to provide sewer as
36 quickly as possible. He said one idea was for the school board to purchase a school site on the
37 Greene Tract, and those proceeds could go into the utility district.
38 Council Member Ward said that is why the manager was asked to pursue other options.
39 He said it seemed like this may provide some other funding opportunities. He said another idea
40 is to establish some affordable housing on the Greene Tract. He said if a developer could be
41 found for this, then that project could also produce funding for water and sewer.
42 Mayor Chilton said this would presumably also be split 43-43-14.
43 Council Member Lee Storrow said what is important to remember is that the council also
44 has an interest in doing this work as soon as possible. He believes the second
45 recommendation is the most important. He said the timeline and the money are ambitious, but
46 continued discussion delays the original goals. He said the boards have an obligation to end
47 this budget process; however he wants to be realistic that having a broader conversation about
48 whole budget priorities will put things in a better place to make this kind of investment.
49 Council Member Lee Storrow said the district idea has been discussed, and the larger
50 district allowed Chapel Hill's participation. He said if a district were to be defined solely as the
16
1 86 parcels, none of that falls within the boundaries of the Town of Chapel Hill or the ETJ. He
2 said the smaller district does not allow Chapel Hill's participation in funding.
3 Commissioner Dorosin said the task force has been meeting for two years and has
4 considered all of these options, including the district. He said the task force came forward with
5 recommendations, and the priority is to get water and sewer to these 86 parcels. He said this
6 could be moved forward expeditiously, and the district could come later.
7 He said there is a plan in place to get this process moving. He said Carrboro has
8 committed its share of funding, and Hillsborough could put funding in with the ETJ. He said the
9 County needs to make clear its commitment to putting in funding. He said his understanding
10 was that the $3.7 million plan assumed that Chapel Hill would not be able to put in any money.
11 Commissioner Dorosin said he feel it is a disastrous idea to sit back and wait for the
12 resolution of the EPA complaint. He believes the majority of the Commissioners are committed
13 to recommendation #2. He feels this should be explained to the EPA, and this could possibly
14 resolve the complaint and allow them to move forward. He said the EPA could take months,
15 and this would cause momentum to be lost. He said this is an opportunity to do what is right for
16 the County. He would like to move forward with recommendation #2.
17 Mayor Chilton said he agrees with Commissioner Dorosin, and he feels the
18 municipalities should come together collectively and approach the EPA to communicate that the
19 complaint has been resolved. He said it feels disingenuous to hold this up while waiting on the
20 results of the EPA or another study. He feels it is time to adopt the recommendations and go
21 forward.
22 Alderman Seils referred to an email from the County attorney to the town attorney
23 regarding the direction that no funding should be committed until RENA provides assurance
24 that their complaint has been withdrawn or that the EPA has dismissed the complaint. He then
25 read from a letter addressed to the County attorney from RENA, stating that RENA would
26 voluntarily dismiss the EPA complaint in exchange for the County's written agreement to fully
27 fund sewer infrastructure in Rogers Road. He said this seems like a way out, and the solution
28 is right in front of them.
29 Commissioner Price said once the sewer lines are in, there is cost associated with the
30 hook ups. She said this is expensive, and most of these residents cannot afford it. She said
31 the extension of the ETJ would allow for the application for community development block grant
32 (CDBG) funds to help residents hook up. She asked if it is almost certain that Chapel Hill
33 would agree to the ETJ.
34 Mayor Kleinschmidt said the Town asked for more information about a water and sewer
35 district instead of extending the ETJ. He said even if the ETJ is extended, this area is still not in
36 Chapel Hill. He said despite the fact that some CDBG funds have gone up nationally, Chapel
37 Hill gets less CDBG funding because HUD has changed their formula. He would like to avoid
38 removing another recipient of the CDBG funding in order to move money to the Rogers Road
39 area.
40 Commissioner Price said that topic only came up for discussion.
41 Mayor Kleinschmidt said there has been a 50-60 percent decrease in CDBG money in
42 the past decade, so he hopes this is not a solution in anyone's mind.
43 Council Member Greene said she thought that Chapel Hill could only contribute money
44 to water and sewer if Rogers Road was in the ETJ. She asked if this is different than doing a
45 district.
46 Council Member Storrow said the logic was that the larger utility district would
47 encompass a portion of the County that included Chapel Hill and would allow the Town's
48 participation. He said the smaller district that includes only Historic Rogers Road does not
49 include any portion that is part of Chapel Hill.
50 Council Member Greene asked if an ETJ is needed or not.
17
1 Council Member Storrow said an ETJ was not required to create the larger water and
2 sewer district.
3 Chapel Hill Town Attorney Ralph Karpinos said the area in question must be in the Town
4 or in the ETJ in order to receive Town funds. He said the Town is authorized to spend
5 community development funds if the area is in the ETJ; however if it is not in the ETJ the Town
6 has no authority to expend Town funds.
7 Commissioner Dorosin asked if the Town could spend other money if the area is in the
8 ETJ.
9 Ralph Karpinos said no, but the Town could allocate general fund money for community
10 development programs.
11 Mayor Kleinschmidt said it is important to distinguish that the Carrboro funding is spent
12 within the Carrboro area only.
13 Council Member Czajkowski said the two potential impediments were the EPA suit
14 brought by RENA, and the ability of Chapel Hill to spend funding in this area. He said it seems
15 as though neither of these issues are actually impediments. He said it seems that Orange
16 County and Chapel Hill have not made any funding commitments. He asked how much longer
17 this has to wait.
18 Chair Jacobs noted that until Chapel Hill extends the ETJ it cannot spend the funds. He
19 said this could take a couple of months.
20 Council Member Czajkowski said the goal after this meeting should be for everyone to
21 have all mechanisms and funding in place by April 30, 3014.
22 Council Member Ward said part of this property is within a recently annexed portion of
23 Carrboro. He said it seems like that distinction is worth noting, because for a number of years
24 those residents have contributed taxes to Carrboro to support services provided by the Town.
25 He said Carrboro has a revenue stream that Chapel Hill does not, and this was a hurdle for him.
26 Council Member Ward said there are projects out there that could help pay for the
27 general needs of the Rogers Road residents. He said it seems that those funds would be
28 distributed in the same ratio as the obligation. He said the residents will pay to be hooked into
29 the main line that will be established, and those funds should go back into the system to help all
30 three entities pay for what is out in that community. He said this might help him get over the
31 angst of contributing Chapel Hill taxpayer money to the residents of Carrboro.
32 Mayor Chilton said Council Member Ward is talking about 13 or 14 properties, one of
33 which is a church that is tax exempt.
34 Council Member Ward said it seems to him that Carrboro is asking Chapel Hill to pay for
35 infrastructure that Carrboro is obligated to provide.
36 Mayor Chilton said this issue has been litigated by Orange County Superior Court.
37 Council Member Ward said it is not Chapel Hill's responsibility.
38 Mayor Chilton said 43 percent of it is Chapel Hill's responsibility and 14 percent of it is
39 Carrboro's responsibility.
40 Mayor Chilton said there is a tremendous possibility for future revenue growth in this
41 area for the Town of Chapel Hill.
42 Mayor Kleinschmidt said he thought one goal was to prevent gentrification and that
43 exact same kind of land value change.
44 Mayor Chilton said that is not what neighbors have said.
45 Chair Jacobs said this discussion was bound to happen, and it is good to have it said.
46 Alderman Lavelle said it is true that there are 12 or 13 properties that will benefit from
47 the $900,000 that Carrboro has allocated to the Rogers Road community.
48 She said that to get the sewer through the area, it must run through section 6 and part
49 of Carrboro that does not have water and sewer. She said the neighbors do think that this
50 might eventually allow them to tie in once further development occurs. She said it is not fair to
18
1 penalize the residents that don't have water and sewer. She said one of the appeals of the
2 larger sewer district is to make sure that when that area is developed, there will be a way to
3 recoup the cost from the developer.
4 Council Member Storrow said multiple funding formulas were discussed for over 12
5 months. He said the reality is that all the governments have been at fault here and there is no
6 magic bullet that will make everyone happy. He feels that this funding formula best addresses
7 the root concerns about the impact made on this neighborhood by dumping trash next to it.
8 Mayor Chilton referred to the map on page 67 showing the different sewer segments.
9 He noted the area marked in A and asked how sewer service gets to that point. He questioned
10 whether this $900,000 line that needs to be built through Carrboro up to Rogers Road serves
11 just Carrboro, or will also serve residents in Chapel Hill.
12 Mayor Kleinschmidt said it will serve residents if it is in the town of Chapel Hill.
13 Mayor Chilton said if there is complaint that Chapel Hill is paying for lines in Carrboro,
14 he is saying that Carrboro is paying for lines that are going in locations outside of Carrboro. He
15 said he will be bringing sewer lines into the Chapel Hill annexation area. He said the idea that
16 Carrboro is not living up to its responsibility is not valid. He said Carrboro has stepped up the
17 plate and put up a large chunk of money, and he expressed frustration that there are
18 complaints that it is not enough.
19 Mayor Kleinschmidt said the discussion is around where the money comes from, and
20 this discussion includes the possibility of a utility district. He said Chapel Hill is not abandoning
21 this project.
22 Mayor Chilton said he would be more open to the input that Carrboro needs to put forth
23 more money if that input was coming from people who were also putting up money.
24 Chair Jacobs said one of the options was for the managers to look at the larger district,
25 which would generate revenue, as well as the Greene Tract that would generate revenue; and
26 the other option was to just focus on the task force recommendation. He said this second
27 option would be the more feasible short term solution. He said the managers have certainly
28 heard the opinions of the elected officials.
29 Michael Talbert noted the legal distinctions. He said the task force recommendation
30 was the provision of sewer to the 86 homes. He said OWASA already owns the water
31 infrastructure in that area. He said if a small or large district is created, the district will own the
32 infrastructure. He said the idea is that a district could be funded through all three entities, and
33 when all of the debt is paid off, the district will be given back to OWASA for operation. He said
34 the idea is just to contract with OWASA to do this, and then make the capital contribution.
35 Chair Jacobs suggested that the managers could have a draft proposal ready for
36 consideration by the time of the ETJ public hearing.
37 Michael Talbert said the managers could work toward this goal.
38 Chair Jacobs said it is clear that the elected officials want this to happen as soon as
39 possible. He said the issues about funding need to be addressed in the interim. He noted that
40 if there are more people in the district, the rates would go down.
41 Commissioner Dorosin said there is water infrastructure in place, but not all of the 86
42 homes are connected to water. He said this needs to be considered, and the available funds
43 need to be used to connect anyone who is not connected. He said the proposal needs to have
44 an emphasis on providing the connection to the sewer line at no cost to homeowners.
45 Chair Jacobs clarified that this is part of the task force recommendation.
46
47 Alderman Gist left at 9:47.
48
49 5. Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer -
50 Proposed Changes to the Orange County Unified Development Ordinance (Perdita Holtz)
19
1
2 Council Member Harrison left at 9:48.
3 Council Member Matt Czajkowski left at 9:49
4 Mayor Chilton left at 9:51.
5
6 Perdita Holtz reviewed the following PowerPoint slides:
7
8 Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer
9
10 Tonight's Purpose
11 . To discuss proposed changes to the County's Unified Development Ordinance that will
12 accommodate appropriate "Agricultural Support Enterprises" in the Rural Buffer
13 . An opportunity to provide feedback that could shape the materials scheduled to be
14 brought forward for formal public hearing on February 24, 2014
15
16 Rural Buffer Basics
17 . Established as part of the Joint Planning Area Agreement
18 . Rural Buffer is under Orange County's planning and zoning jurisdiction
19 ■ Low density area
20 ■ Rural in character and will remain rural (contain low-density residential uses)
21 ■ Not require urban services
22
23 UDO & Rural Buffer
24 Changes to County's UDO that are applicable to the Rural Buffer are referred to the Towns for
25 review and recommendation
26 County may not adopt amendments until Towns have made their
27 recommendations or until the expiration of 30 days following referral
28
29 Agricultural Support Enterprises
30 • County-wide program
31 . Propose to add some new uses to the RB general use zoning district
32 ■ Uses permitted by right or with a special use permit, depending on use
33 . Propose to add a new conditional zoning district (ASE-CZ) that could also be applied to
34 the Rural Buffer
35 ■ A CZD is a rezoning that must be applied for with decision by BOCC after a
36 public hearing process
37 ■ Eliminate some uses from consideration if property is located in the Rural Buffer
38
39 Use Value Parcels (Farms) in the Rural Buffer (map)
40 - 37,428 Acres in Rural Buffer
41 - 10,172 Acres in Use Value (27%; 345 parcels)
42 Proposed New Uses in RB General Use Zoning District
43 Page 4 of item packet
44 . Each proposed new use has a definition
45 . Each proposed new use has use-specific standards
46 • In addition to all requirements of the UDO
47
48 Proposed ASE-CZ Conditional Zoning District
49 Pages 5 and 6 of item packet
50 0 Each proposed new use has a definition and use-specific standards
20
1 • In addition to all requirements of the UDO
2 • Uses in red text could not be applied for if property is located in the Rural Buffer
3
4 Perdita Holtz said the items in red on the charts in slide 8 indicate items that are likely to
5 be removed for consideration for properties located in the rural buffer.
6 Chair Jacobs said the purpose of this is to allow more agricultural and farming options
7 and to make it more profitable to farms in those in the rural buffer areas, while maintaining the
8 character of the areas.
9 Commissioner Gordon said she would like the towns to study this proposal and bring
10 comments before the Feb. 24th QPH.
11 She questioned the role of the Towns regarding the Joint Planning Agreement (JPA)
12 and the Joint Planning Land Use Plan. She referred to the JPA section 1.2, section G
13 regarding land use categories. She read the definition of a rural buffer. She also read section
14 2.6, section f, regarding changes to the agreement. She said everyone has to agree to
15 changes in the JPA. Commissioner Gordon read the description of agricultural areas and rural
16 buffers from the Joint Planning Area Land Use Plan.
17 Commissioner Gordon said her last point is that this development is quite intense in its
18 uses. She said there needs to be a balance between allowing farmers to have productive use
19 of their land, and the effect on neighbors. She said the key is that this was originally conceived
20 of for areas out in the County with large lot sizes, versus subdivisions and neighborhoods. She
21 said the impact on neighbors in suburban areas needs to be considered.
22 Commissioner Gordon said some uses might be better on public water and sewer,
23 which are not allowed by definition in the rural buffer.
24 She said this is a balance, and events with a large impact could be fine in the rural
25 areas with large lots, but not in the suburban areas.
26 Alderman Seils said it would be helpful for County staff, when sharing materials with the
27 Towns, to give a narrative about some of the goals. He said it sounds like there will be some
28 expectation that the Towns undertake their review soon. He said coordination with the
29 managers would be helpful.
30 Chair Jacobs said he would hope staff will know what needs to be an amendment to the
31 joint planning agreement and what is at a staff level.
32 Council Member Ward said he would like to better understand which of the identified
33 uses are high water users, or high users of septic tanks that could cause problems in the near
34 future. He expressed concern that wells could run dry. He asked if this list is comprised of the
35 uses that the Board supports, or if it is just a general laundry list of options.
36 Chair Jacobs said this is a laundry list of options. He said with the help of feedback
37 from the town, some of the uses can be eliminated if there are concerns. He mentioned Maple
38 View Ice Cream Store as an example of success in the rural buffer.
39 He said it is a great idea to consider water and sewer use. He said hopefully an
40 agreement can be made to increase possible uses.
41 Council Member Ward asked if any uses are already allowed outside the rural buffer or
42 corporate limits.
43 Chair Jacobs said no. He said the Board will be informed by what the Towns say.
44 Commissioner McKee said he would have concerns over a regional meat processing
45 plant in a rural buffer. He said the other use that is a concern would be a saw mill, but the
46 impact of this depends on the size.
47 He said the Board needs to look at additional uses that people in the agricultural sector
48 can access to make their farms more viable. He said economic viability is one of the drivers of
49 the loss of farmland, and farmers must have the ability to adapt.
21
1 Council Member Greene said everyone who is a party to the rural buffer has a strong
2 interest in what happens there. She said it seems to her that the Towns ought to have a lot of
3 say about this. She fully supports the need for economic flexibility with these properties, but
4 she has concerns about some of the uses listed with "Minor Events". She said some of these
5 look as if they might be too high intensity to be consistent with the rural buffer.
6 Commissioner Gordon said neither she nor the Board of County Commissioners have
7 seen this rendition before. She said the high septic and high traffic users have to be
8 considered to make sure the use will be acceptable on well and septic. She said it is important
9 to look at the standards for development.
10 Commissioner Pelissier said the Commissioners have never had a discussion about
11 this. She said the rural buffer was created in a different era, and the elected bodies woke up a
12 few years ago and decided that something needed to be done. She said there are efforts to
13 work on economic development districts; however it is also time to look at all the other land in
14 the County to find ways to promote entrepreneurship and small scale businesses that are
15 appropriate for rural areas, including the rural buffer.
16 She said the restaurants are a major driver for businesses in the area. She said it is
17 important to think about ways to provide more income for the farmers providing some of this
18 food. She said it is important to consider what uses are good to have in the rural buffer to
19 preserve the rural character.
20 Mayor Kleinschmidt said he appreciates the opportunity to give feedback. He thinks that
21 this rural agriculture and agriculture related businesses were what was intended to happen in
22 the rural buffer, versus large lot subdivisions. He said this is a fantastic way to leverage one of
23 the community's greatest assets to improve economic well being.
24 Council Member Ward said he would like to hear from the farmers about what provides
25 them the most useful options.
26 Commissioner McKee encouraged everyone to keep an open mind. He said if
27 compatible operations are not allowed, the rural buffer will turn into a residential buffer. He
28 said this is already happening.
29 Chair Jacobs reviewed what he had heard. He said it would be useful to identify what
30 the Board of Commissioners would like to see, versus just a general list.
31 He suggested the best way might be to go to the QPH in February and ask the
32 agricultural preservation board to review this and provide statements and analysis.
33 Chair Jacobs said it would also be helpful to have staff look at the other impacts, such
34 as water use and traffic. He said all of this information can be shared with the towns before
35 they are asked to give comments. He said anything would be an improvement on the current
36 situation. He said the goal is to encourage local agricultural economy.
37 Commissioner Gordon noted there are other advisory boards, in addition to the
38 Agricultural Preservation Board, who should be asked to review the agricultural enterprises
39 proposal.
40
41 6. INFORMATION ITEMS (No Specific Presentation or Discussion)-
42 ATTACHMENTS
43 A) Southern Campus Master Plan Development Update
44 B) Potential Bond Issue
45 C) Older School Facility Needs
46 D) Southern Branch Library Siting Process Update
47 E) 911/EMS Assessment Update
48 F) Locally Owned and Operated Trunked 700MHz Radio System
49 G) Morinaga America Foods, Inc. Update
50 H) Potential Orange County Fair
22
1
2 Commissioner McKee said one of the good things occurring in the County is the co-
3 location of ambulances in fire stations. He said the emergency services manager has worked
4 with Orange Rural and Orange Grove and is currently working on co-locating with Carrboro. He
5 said this is improving response times. He said it would have been helpful to mention in the
6 Rogers Road discussion that the Carrboro station is only a mile from that community.
7
8 The meeting adjourned at 10:20 pm.
9
10
11 Barry Jacobs, Chair
12
13
14 Donna Baker
15 Clerk to the Board
16
1
I Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 December 2, 2013
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Monday, December 2, 2013
10 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M.
13 Gordon, Earl McKee, Bernadette Pelissier, Renee Price, Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers
17 Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff members will be
18 identified appropriately below)
19
20 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA
21 FILE IN THE CLERK'S OFFICE.
22
23 Chair Jacobs called the meeting to order and reviewed the following items at the Commissioner's
24 places:
25 - Photographs from the Eno River Association
26 - Buff colored sheets— Item 6-g — Orange County Community Development Block Grant
27 (CDGB)- Economic Development
28
29 Board Organization
30
31 a. Election of Chair and Vice-Chair
32 Clerk to the Board Donna Baker distributed the ballots. She read the voting results as follows.
33
34 Election of Chair— Barry Jacobs (7-0)
35 Election of Vice-Chair-Earl McKee (7-0)
36
37 b. Designation of Voting Delegate for all NCACC and NACo Meetings for Calendar Year
38 December 1, 2013-2014
39 Chair Jacobs asked who would be interested in this position.
40 Commissioner Pelissier and Commissioner Price indicated their interest in serving as the voting
41 delegate for the NCACC.
42 Chair Jacobs asked for a show of hands for those who supported Commissioner Pelissier as the
43 NCACC representative:
44 Commissioner Rich, Commissioner Gordon, Commissioner Pelissier, and Commissioner McKee
45 raised their hands.
46 By a vote of 4-3, Commissioner Pelissier was selected as the voting delegate for NCACC for 2013-
47 14.
48
49 Chair Jacobs asked for volunteers for the NACo voting delegate position and Commissioner Rich
50 indicated her interest.
51
52 VOTE: UNANIMOUS
53
2
1 Appointments
2 a. Manager
3 A motion was made by Commissioner Price, seconded by Commissioner McKee to appoint Michael
4 Talbert as the County Manager (Interim).
5
6 VOTE: UNANIMOUS
7
8 b. Clerk to the Board
9 A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint Donna
10 Baker as Clerk to the Board.
11
12 VOTE: UNANIMOUS
13
14 C. County Attorney
15 A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint John
16 Roberts as the County Attorney.
17
18 VOTE: UNANIMOUS
19
20 1. Additions or Changes to the Agenda
21 (See note above regarding additional abstract materials for item 6-g)
22
23 PUBLIC CHARGE
24 The Chair dispensed with the reading of the public charge.
25
26 2. Public Comments
27
28 a. Matters not on the Printed Agenda
29
30 Terry Rekeweg read a statement, included in the agenda packet, regarding the Durham-Orange
31 Light Rail Project. He noted the recent announcement of a planned, large scale mixed use development in
32 Chatham County. He feels that transit planning should take this into consideration. He said if this park is
33 built in Chatham County, it would make sense to tie this park to Research Triangle Park (RTP).
34 He said it would be great if Pittsboro passengers could transfer in Chapel Hill to a direct ride into
35 RTP, and he questioned the potential use of a route from Chapel Hill to Downtown Durham to board a bus
36 into RTP. He said the large investment for the current light rail route is not useful for this commute. He
37 said light rail that goes directly to RTP would be heavily used and would provide economic benefit to
38 Orange County from transit passengers passing through.
39 Terry Rekeweg said the current light rail plan avoids the RTP area. He said he presented a much
40 more effective plan to the Board months earlier.
41 He made note of a derailed passenger train in the Bronx, and said this has been attributed to a
42 restricted speed curve. He said the Durham-Orange Light Rail has many tight curves that would restrict the
43 speed of the train; however his proposed plan would remove 30 of these restricted speed curves. He said
44 he is submitting this report to the MPO and to Triangle Transit for the NEPA process.
45
46 Robin Jacobs, Executive Director for the Eno River Association said she brought greetings from the
47 Association. She presented each of the Commissioners with a 2014 calendar. She expressed appreciation
48 for the partnership and working relationship with the Board on conservation over the years. She referred to
49 a series of photographs showing recent joint projects.
50
51 b. Matters on the Printed Agenda
52 (These matters will be considered when the Board addresses that item on the agenda below.)
53
54 3. Petitions by Board Members
3
1
2 Commissioner Gordon read the following petition:
3 When a closed session item is on an agenda, the appropriate staff will provide the Commissioners
4 with a summary description of the topics to be discussed. This information will be provided as part of the
5 agenda packet if possible, but at least before the meeting is held.
6
7 Commissioner Price said she would like to petition the Board to ask staff to work with Cooperative
8 Extension, inclusive of 4-H, to continue to support these entities.
9 Chair Jacobs said Cooperative Extension's budget has recently been cut significantly. He said the
10 County still depends on 4-H and Cooperative Extension. He said these entities do more than the
11 community realizes. He hopes that future budget discussions will include ideas to better support those
12 efforts.
13
14 Commissioner Price said she would like to petition the Board to look at affordable rentals in Orange
15 County.
16
17 4. Proclamations/ Resolutions/ Special Presentations
18
19 a. Declaration of Tenants' Rights and Obligations
20 The Board considered endorsement of the Declaration of Tenants' Rights and Obligations drafted
21 by the Human Relations Commission, Orange County Justice United, EmPOWERment, and the UNC
22 School of Law's Legal Assistance Clinic.
23 James Davis said this document was collaboratively drafted by Orange County Justice United,
24 Empowerment, the UNC Legal Assistance Clinic and the Orange County Human Relations Commission
25 (HRC). He said the purpose is to provide tenants with concise information regarding rights and
26 responsibilities as a renter, and to provide a list of resources and agencies to navigate these rights and
27 responsibilities.
28 Tish Galu, from Justice United, said the background on the declaration is included in the agenda
29 packets. She said the most important thing to note is that this started with tenants. She said there were
30 serious issues being faced by the tenants in the County. She said this situation was rectified, and the
31 action teams began discussions about preventing this from happening again. She said the team wanted to
32 look at the most important issues facing tenants. She recognized members of HRC, Orange County
33 Justice United, and the UNC Civil Legal Assistance Clinic who assisted with researching and drafting the
34 document.
35 Tish Galu said every item in the document is an issue that has been faced by tenant. She said the
36 document does not provide legal advice, but it does provide tenants and landlords a way to understand the
37 steps necessary to rectify a situation. She said the resource list is also crucial in resolving a situation.
38 A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to endorse the
39 Declaration of Tenants' Rights and Obligations drafted by the Human Relations Commission, Orange
40 County Justice United, EmPOWERment Inc. and the UNC School of Law's Legal Assistance Clinic.
41 Commissioner Price asked who pays for lock changes in the case of domestic violence protection.
42 Tish Galu said the landlord would absorb this cost.
43 Commissioner Rich asked who people are to get in touch with in the event of problems. She also
44 asked about the distribution of this document.
45 Tish Galu said tenants are contacting Justice United, Empowerment, UNC's legal clinic and other
46 people on the resource listing. She said distribution is the largest challenge right now. She said this has
47 been given out by mail or email to those who request it, but there is no specific distribution channel yet.
48 Commissioner Rich said the Board can put it on the website, but many people may not have access
49 to the internet. She said it might be a good idea to put it at places of worship.
50 Tish Galu said Justice United has partnered with 22 congregations who are helping with distribution.
51 She said Justice United is also part of a new coalition on affordable housing, so there is another channel of
52 possibility there. She said endorsement from County government will also help with this effort.
53 Commissioner McKee expressed thanks for the efforts to bring this forward.
54
4
1 VOTE: UNANIMOUS
2
3 Chair Jacobs expressed appreciation from the Board.
4 Tish Galu said there is also interest from the Attorney General regarding the tenant's declaration.
5
6 b. Proclamation - Human Rights Day, Bill of Rights Day, and Human Rights Week
7 The Board considered officially recognizing Human Rights Day, Bill of Rights Day and Human
8 Rights Week in Orange County during the month of December and authorizing the Chair to sign the
9 proclamation.
10 James Davis introduced Human Relations Commission Chair Dr. Christine Kelly-Klees, who read
11 the following proclamation:
12
13 ORANGE COUNTY BOARD OF COMMISSIONERS
14 PROCLAMATION
15
16 WHEREAS, on December 10, 1948, the member states of the United Nations signed the Universal
17 Declaration of Human Rights and countries of different political, economic and social
18 systems agreed on the fundamental rights that all people share solely on the basis of their
19 common humanity; and
20
21 WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in
22 connection with the Universal Declaration of Human Rights; and
23
24 WHEREAS, Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to
25 commemorate the 1791 Ratification of the Bill of Rights; and
26
27 WHEREAS, it was the North Carolina convention, held in Hillsborough, which was instrumental regarding
28 the inclusion of a Bill of Rights as part of ratifying the United States Constitution; and
29
30 WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press
31 as well as freedom of religion and association; and
32
33 WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due
34 process of law and establishes fundamental rules of fairness in judicial proceedings,
35 including the right to trial by jury; and
36
37 WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each
38 individual in Orange County, and each of us can play a major role in enhancing human
39 rights; and
40
41 WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity
42 and the equal and inalienable rights of all members of the human family are the foundation
43 of freedom, justice and peace;"
44
45 NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do
46 hereby proclaim
47 December 10, 2013 as Human Rights Day
48 and
49 December 15, 2013 as Bill of Rights Day
50 and
51 December 10 — 16, 2013 as Human Rights Week
52
53 in Orange County and challenge residents to study and promote the ideas contained in these documents to
54 the end that freedom, justice, and equality shall not perish but will flourish and be made available to all.
5
1
2 This, the 2nd day of December 2013.
3
4 A motion was made by Commissioner Rich, seconded Commissioner Pelissier to adopt the
5 Proclamation regarding Human Rights Day, Bill of Rights Day and Human Rights Week and authorize the
6 Chair to sign the Proclamation.
7
8 Commissioner Price suggested, in the future, that the Board could acknowledge the later
9 amendments, and make reference to those as well. She said those later amendments pushed for freedom
10 for everyone.
11
12 VOTE: UNANIMOUS
13
14
15 c. Resolution Recognizing Erin Thompson and Orange County 4-H
16 The Board considered approving a resolution recognizing Erin Thompson for receiving the 4-H
17 Youth Volunteer Award for the North Central District of North Carolina and the Orange County 4-H Program
18 and authorizing the Chair to sign.
19 Erin Thompson said being a member of Orange County 4-H has exposed her to new opportunities
20 and allowed her to attend many conferences. She said she has also formed many new friendships. She
21 said one of the highlights of her summer was the opportunity to interview Commissioner Price and meet
22 local government officials. She said the experience with volunteering has made her feel better about
23 herself through helping others.
24 Commissioner Price pointed out that Erin Thompson was one of 11 4-h members recognized at the
25 4-H state conference. She read the following resolution:
26
27 ORANGE COUNTY BOARD OF COMMISSIONERS
28
29 RESOLUTION RECOGNIZING ERIN THOMPSON
30 AND ORANGE COUNTY 4-H
31
32
33 WHEREAS, guided by North Carolina Cooperative Extension educators, Orange County 4-H members gain
34 knowledge, skills and experience that help them become responsible citizens and leaders;
35 and,
36
37 WHEREAS, Erin Thompson has embodied the key elements of 4-H - Head, Heart, Hands and Health; and,
38
39 WHEREAS, on November 17, 2013, Erin Thompson was recognized at the North Carolina State Council
40 Conference as a recipient of the 4-H Youth Volunteer Award for the North Carolina Central
41 District; and,
42
43 WHEREAS, local 4-H leadership has commended Erin for her commitment to her club, community, county
44 and world, and for her overflowing love for humanity, including demonstrated compassion
45 for the elderly, and those younger;
46
47 NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby
48 recognize Erin Thompson for her volunteer spirit, embodiment of the 4-H vision and
49 commitment to people of all ages in Orange County.
50
6
1 This, the second day of December 2013.
2
3 A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve and
4 authorize the Chair to sign the attached resolution recognizing Erin Thompson for her volunteer efforts in
5 the 4-H community and for the people of Orange County.
6
7 VOTE: UNANIMOUS
8
9 d. Presentation on Economic Pressures on the Department of Social Services, Request for
10 Additional Funds, and Approval of Budget Amendment#3-A
11 The Board received an update on current economic pressures and considered a request for
12 additional funds for crisis services to support families served by the Department of Social Services (DSS)
13 and to approve Budget Amendment#3-A to transfer $100,000 from the Social Justice Reserve Fund to the
14 Department of Social Services for General Assistance for client payments.
15 Nancy Coston said it has been quite a year for the department. She said the shut down and
16 sequestration caused anxiety for the department and its clients. She said the agency receives a lot of
17 federal funding, so government shutdowns and sequestration makes them vulnerable. She said Medicaid
18 serves 12,000 people in Orange County, which amounts to $104 million paid directly to medical providers.
19 She said the Medicaid program is not affected by the sequester or the shutdown; however the state has
20 been looking for ways to cut the Medicaid budget.
21 Nancy Coston said the Temporary Assistance for Needy Families is a block grant of federal dollars
22 that is used to pay for the child welfare program and to pay the cash payments. She said the shutdown
23 caused uncertainty about whether the state would be able to issue checks, and a decision was made to
24 suspend all programming for the Work First families. She said this was extremely stressful for these
25 families, although the department was eventually paid back.
26 She said sequestration is also cutting into the very successful adolescent parenting program. She
27 said the goal of this program is to keep young parents in school, and to delay pregnancy. She said a stop
28 work order was issued for this program, and that was very disruptive.
29 Nancy Coston said the most disruptive piece during the shutdown was the childcare program. She
30 said this is a $4.1 million program, and there was a possibility that the state would be unable to pay back
31 money spent on this program. She said the decision was made to continue the childcare program, which
32 was eventually reimbursed.
33 She said sequestration is already cutting money from the Social Services Block Grant (SSBG),
34 which pays for child welfare and adult protective services, as well as part of the home and community care
35 block. She said Orange County has rolled the dice a bit, and none of these services were disrupted by the
36 shutdown, although there have been cuts from the sequestration.
37 Nancy Coston said there have also been problems with the food and nutrition program, which had to
38 endure a cut of$36 per family. She said the department has also been doing automation implementation
39 for N.C. Fast. She said it has been very difficult at times, and the department has used food banks, but it
40 has also been necessary to use County funds.
41 She said the cost to alleviate a family in crisis is higher this year. She said the cap used to be $200,
42 but this will not help most people get out of a crisis, so it has been necessary to spend more. She said a
43 cut was made last year by targeting only people with children, but there are so many people impacted that
44 this has been changed back this year. She said efforts are being made to help some of the others.
45 She said there were more homeless prevention funds in previous years because of grants, but this
46 is now gone, and the funding is mostly County money.
47 Nancy Coston said her department has also provided assistance to the victims of the flood in
48 Chapel Hill last summer.
49 She said the purpose of tonight is to provide and update, and to ask for additional funding due to
50 these unforeseen crises.
51 Chair Jacobs said he and Commissioner McKee decided this issue was important to have at the
52 beginning of the agenda so that the public could be a part of the audience.
53 Commissioner Rich asked how the County can get this information out to the media and the public.
7
1 Chair Jacobs said this was discussed at agenda review, and one idea was to do some press
2 releases that profile people using the services. He said this would make it more personal. He said this
3 could also be shared with congressional leaders, such as Congressman Price, to show the human costs of
4 the sequestration.
5 Commissioner Pelissier said it would be good to talk about the numbers of people affected in each
6 of the different social service areas. She said many people do not realize how many residents are actually
7 in need of assistance.
8 Commissioner Pelissier asked how many people are on the waiting list for childcare subsidies.
9 Nancy Coston said there are still several hundred waiting.
10 Commissioner Pelissier asked why the Board had to approve the monies, since this was allocated in
11 the budget. She prefers, in future, that the money is allocated, and staff and social services are allowed to
12 use their best judgment in utilizing the funds.
13 Clarence Grier said when the reserve was set up, the money was not earmarked for any specific
14 purpose or department. He said this is why specifics are needed.
15 Commissioner McKee said he recently spoke to Nancy Coston and Dr. Bridger of the Orange
16 County Health Department about these issues. He said the health department did not get hit as hard as
17 DSS with budget cuts. He expressed appreciation to Nancy Coston for bringing this information forward.
18 He said that is why this money was put in reserve during the last budget cycle, and he encouraged Nancy
19 Coston not to be shy in asking for more if necessary.
20 Commissioner Dorosin said he supports the transfer of this money. He said this is an opportune
21 moment, as the budget season is beginning, to create some sort of anti-poverty program that can be a
22 priority over the next few years. He said the County is being reactive to a crisis of need, and there needs to
23 be a comprehensive poverty program in Orange County in order to change this. He said this is an
24 opportunity to be engaged and innovative and anticipate some of these challenges at the front end.
25 Commissioner Gordon thanked Nancy Coston for the summary. She is glad this fund is available.
26 She said it is important that people know about this, and it is an important story to tell.
27 Commissioner Price asked if the department is anticipating a direr situation this year, as the winter
28 season approaches.
29 Nancy Coston said it does not look like the energy program has a federal cut yet. She said a lot of
30 that program is determined by the weather, and there is no way to know how much will be needed. She
31 said the cost of utilities has increased, and it takes more money to get someone out of a crisis. She said
32 the department is trying to have all of their crisis programs attached to their service programs. She said it
33 has been worse up to this point, but she does not know if it will be worse the rest of the year or not.
34 Commissioner Price asked if this funding request will be enough, or if it is conservative.
35 Nancy Coston said she based her request on what was used last year. She is hopeful that this will
36 get them through. She said federal funds can only be used if the weather is threatening the health of
37 people.
38 Chair Jacobs said he is glad to hear that the directors of the Health Department and DSS are
39 encouraged to get in touch with the manager when there is a need that needs to be addressed. He said
40 the money was set aside with the understanding that it would be needed to fill in the holes in the social
41 safety net.
42 Nancy Coston said if there is another shut down scare it will cost more money because of the chaos
43 that follows. She said disruption of benefits has an immediate impact.
44 Chair Jacobs said the County has dedicated staff to address the programs for poverty that are at
45 their disposal; however, if the poverty level is not being impacted, the Board needs to be more assertive in
46 their strategies. He suggested that the people in charge of the retreat agenda and the budget proposals
47 should begin to look at this.
48 Commissioner McKee suggested that the manager should contact the faith community to help get
49 this information out to the public.
50
51 A motion was made by Commissioner Price, seconded by Commissioner McKee to approve Budget
52 Amendment#3-A to transfer $100,000 from the Social Justice Reserve Fund to the Department of Social
53 Services for General Assistance for client payments. With approval of this allocation, a balance of$150,000
54 will remain in the Social Justice Reserve Fund for FY 2013-14.
8
1
2 VOTE: UNANIMOUS
3
4 5. Public Hearings
5
6 a. Community Development Block Grant (CDBG) Program — Economic Recovery Program
7 The Board conducted a public hearing to receive public comments prior to official close-out of the
8 County's FY 2010 Community Development Block Grant (CDBG) Economic Recovery Program and
9 authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
10 Tara Fikes said the purpose of this meeting tonight is to conduct a public hearing to receive public
11 comments prior to official close-out of the County's FY 2010 Community Development Block Grant (CDBG)
12 Economic Recovery Program and authorize execution of the Certificate of Completion by the Chair of the
13 Board of County Commissioners. Tara Fikes said in February 2011, Orange County was officially awarded
14 a $500,000 Community Development Block Grant (CDBG) from the N.C. Department of Commerce for an
15 Economic Recovery Program. Funds from this grant were intended to be used to repair eight (8)
16 deteriorated housing units, reconstruct one (1) dwelling unit and provide urgent repair assistance for an
17 additional 15 dwelling units in the County.
18 She said all CDBG activities have now been completed; eight (8) homes were substantially
19 rehabilitated; and 15 dwelling units received urgent repair assistance. The targeted home for reconstruction
20 activity was not completed due to the owner's reluctance to participate in the program. A summary of the
21 program beneficiaries is in their agenda packet. In order to complete the grant close-out process, the N.C.
22 Department of Commerce requires that a public hearing be held prior to the official closeout of the
23 Economic Recovery Program to assess the performance of the County in administering the grant program.
24 In addition, the County is required to execute the Certificate of Completion form.
25 Tara Fikes said this grant provided $500,000 to the community for this program. She said a total of
26 $484,000 was expended, leaving $16,000 that was associated with clearance and relocation costs for the
27 home that withdrew from the program. Thus, $16,000 from this program will be retained by the State
28 Community Development Program.
29 Commissioner Pelissier referred to the listing of targeted homes for reconstruction that did not
30 participate and asked if there was a list of back up homes.
31 Tara Fikes said there were backup homes and the funding was used to repair another home. She
32 said they were not able to re-program the other funds.
33 Commissioner Dorosin said in the future he would like to see if staff could list all properties that
34 were rehabilitated, as well as the homes that are listed for urgent repairs.
35 Commissioner Dorosin said that the house that chose not to participate in the program was slated
36 for reconstruction. He asked what would happen to that house now.
37 Tara Fikes said a family lives there now, and they have been working with some church groups that
38 are trying to help with some of the most urgent needs and repairs.
39 Commissioner Dorosin asked how the eight homes listed were chosen.
40 Tara Fikes said at the time of the state application process staff had to list the homes in need, and
41 there were 8 homes, plus an alternate list of about 6 other homes. She said there is a waiting list of about
42 20 homes that are in need of repair, and her department normally maintains a list.
43
44 NO PUBLIC COMMENT
45
46 A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to close the public
47 hearing.
48
49 VOTE: UNANIMOUS
50
51 A motion was made by Commissioner Price, seconded by Commissioner Rich to authorize
52 execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
53
54 VOTE: UNANIMOUS
9
1
2 Chair Jacobs said it is a shame to see $65,000 left on the table. He suggested the possibility of
3 additional projects to take advantage of allocated monies.
4 Tara Fikes said she has requested this money be reprogrammed.
5
6
7 b. Community Development Block Grant (CDBG) Program —Scattered Site Housing
8 Rehabilitation Program
9 The Board conducted a public hearing to receive public comments prior to official close-out of the
10 County's FY 2010 Community Development (CDBG) Scattered Site Housing Rehabilitation Program and
11 authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
12 Tara Fikes said the purpose of tonight's meeting was to conduct a public hearing to receive public
13 comments prior to official close-out of the County's FY 2010 Community Development (CDBG) Scattered
14 Site Housing Rehabilitation Program and authorize execution of the Certificate of Completion by the Chair
15 of the Board of County Commissioners. She said in February 2011, Orange County was officially awarded
16 a $400,000 Community Development Block Grant (CDBG) from the N.C. Department of Commerce for a
17 Scattered Site Housing Rehabilitation Program. Funds from this grant were intended to be used to repair
18 eight (8) deteriorated housing units in the County.
19 Tara Fikes said that all CDBG activities have now been completed and seven (7) homes were
20 substantially rehabilitated. She said four of the homes were in the Town of Hillsborough, one in Carrboro
21 and two in the unincorporated area of the County. In order to complete the grant close-out process, the
22 N.C. Department of Commerce requires that a public hearing be held prior to the official closeout of the
23 Scattered Site Housing Rehabilitation Program to assess the performance of the County in administering
24 the grant program. In addition, the County is required to execute the Certificate of Completion form.
25 Tara Fikes said the total costs for the completion of the housing rehabilitation, plus associated
26 administrative costs, is $351,257. Thus, $48,743 will be retained by the State Community Development
27 Program.
28 Commissioner Dorosin asked how these homes are selected and identified. He asked for an
29 explanation of the criteria used to choose and prioritize these homes.
30 Tara Fikes said these homes were identified prior to application for the funding, as a result of the
31 department making a public advertisement in 2010. She said applications were accepted for a period of
32 time to determine the need in the community, and referrals were received from other agencies and
33 individuals. She said this program requires that recipients are homeowners and have an income below
34 60% of the area median. She said the needs of the homes tie in with the requirements of the program.
35 She said the CDBG program has a limit of$40,000 per home; however additional funding is sometimes
36 requested, depending on the needs of the home. She said the department tries to look at the requirements
37 of each of their programs.
38 Commissioner Dorosin asked if any applications were turned down.
39 Tara Fikes said yes, and this was due to title issues on a couple of the applications. She added that
40 the program was a deferred loan program, meaning that the loan did not need to be paid back if the
41 resident lived in the home for the duration of the loan, which is 15-years. She said the resident is
42 responsible for paying taxes and insurance on the home.
43
44 NO PUBLIC COMMENT
45
46 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to close the public
47 hearing.
48
49 VOTE: UNANIMOUS
50
51 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to authorize
52 execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
53
54 VOTE: UNANIMOUS
10
1
2 6. Consent Agenda
3
4 e Removal of Any Items from Consent Agenda
5 NONE
6 e Approval of Remaining Consent Agenda
7
8 A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve the
9 remaining items on the consent agenda.
10
11 VOTE: UNANIMOUS
12
13 a. Minutes
14 The Board approved the minutes from October 17, 2013 as submitted by the Clerk to the Board.
15 b. Motor Vehicle Property Tax Releases/Refunds
16 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax
17 values for forty-eight (48) taxpayers with a total of fifty (50) bills that will result in a reduction of revenue in
18 accordance with NCGS.
19 C. Property Tax Releases/Refunds
20 The Board adopted a resolution, which is incorporated by reference, to release property tax values for four
21 (4) taxpayers with a total of ten (10) bills that will result in a reduction of revenue, in accordance with North
22 Carolina General Statute 105-381.
23 d. Application for Property Tax Exemption/Exclusion
24 The Board approved one (1) untimely application for exemption/exclusion from ad valorem taxation for one
25 (1) bill for the 2013 tax year.
26 e. Schools Adequate Public Facilities Ordinance (Schools APFO) — Approval of Membership
27 and Capacity Numbers
28 The Board approved November 15, 2013 membership and capacity numbers for both school districts
29 (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student
30 membership projections and the 2013 SAPFO Technical Advisory Committee (SAPFOTAC) Report, and
31 authorized the Chair to sign.
32 f. Disbursement of Vehicle Registration Tax Funds
33 The Board authorized the North Carolina Division of Motor Vehicles (DMV) to send funds from the seven
34 dollar vehicle registration tax directly to Triangle Transit (TT) and authorized the Chair to sign.
35 g. Orange County Community Development Block Grant (CDBG) — Economic Development
36 The Board approved a resolution authorizing the submission of the Morinaga America Foods, Inc.
37 Community Development Block Grant (CDBG) application and authorized the Chair to sign the required
38 application documents on behalf of the Board.
39
40 7. Regular Agenda
41
42 a. Buckhorn Mebane Phase 2 Utilities — Request for Additional Rock Allowance and
43 Approval of Budget Amendment #3-113
44 The Board considered approving Budget Amendment#3-B adding additional rock contingency to
45 the Buckhorn Mebane Phase 2 Utilities Capital project budget.
46 Kevin Lindley reviewed the map included in the board's agenda packet. He said the sewer and
47 water infrastructure project is to serve the Buckhorn area identified for economic development. He said the
48 project is about halfway complete. He said there is already a mile of water line in service.
49 He said the amendment is presented tonight because the contractor installing the sewer line in the
50 western area of the project has run into a high amount of rock, and he referred to photographs showing
51 this. He said a mobile crusher is being used to crush the rock into smaller pieces and avoid having to haul
52 it all off. He said the rock allowance has been exceeded, and the goal is to get in front of this issue by
53 allowing additional Rock allowance to cover the additional cost. He said the money will not be spent if
54 additional rock is not encountered.
11
1 Michael Talbert said rock allowance is standard for these types of contracts.
2 Commissioner McKee said it is not unusual to find this much rock when digging in Orange County.
3 Commissioner Gordon clarified that the funding would not be spent if there is no more rock
4 encountered.
5 Kevin Lindley said that is correct.
6 Commissioner Gordon noted that the water line is 75 percent complete and has only used a fraction
7 of its rock contingency. She asked how much has been saved here.
8 Kevin Lindley said the original rock contingency for the water line was about 900 cubic yards and
9 only 200 yards have been encountered. He said this is not enough to cover the anticipated overage.
10 Commissioner Rich asked how a rock allowance is estimated.
11 Kevin Lindley said staff looked at similar projects in the area and estimated the costs based on this.
12 He said bids also came in higher than expected, so there was no padding added to the rock allowance.
13 Michael Talbert said this is the second or third line that has been installed in this area, and it is the
14 first to exceed the rock allowance.
15 Commissioner McKee referred to a similar project that did borings and found one narrow band of
16 rock.
17 Commissioner Dorosin asked if there was an alternative. He said it seems the project could not go
18 forward if the Board says no.
19 Chair Jacobs said Carrboro High School was just like this and had a shockingly high cost because
20 of rock.
21 Chair Jacobs asked during what hours the crushing of rock happens.
22 Kevin Lindley said the crusher runs during normal operating hours. He said the crew arrives around
23 7:30 am, but time is allowed to warm up the equipment. He believes it is run between 9:00 am and 4:00
24 pm.
25 Chair Jacobs asked how long the project will continue.
26 Craig Benedict said staff found it would take about three hundred truckloads to remove the rock.
27 HE said the crusher avoids this by crushing the rock and mixing it to put back in as fill later on. He said the
28 work with rock blasting does take longer and this western section of the project is about a month and half
29 from completion. He said it would probably be about 3 to 4 months of work in the middle Gravelly Hill leg of
30 the project.
31 He said the water line is going well, but sewer lines have to go deeper. This is the reason for the
32 additional rock.
33 Chair Jacobs asked if the public in that area has been educated about this process.
34 Craig Benedict said signs have been put up in this area, which is mainly farmland.
35 Commissioner Rich said her house would shake when OWASA was exploding rock to put in the
36 new pipeline across Estes. She hopes good notice is being given to residents.
37 Kevin Lindley said there have only been a couple of houses close enough to detect it on this project.
38 He said most of these residents have already been approached regarding easements, so they are aware of
39 what's going on. He said the contractor in charge of the blasting is very responsible.
40
41 A motion was made by Commissioner Price, seconded by Commissioner McKee to approve Budget
42 Amendment#3-B by adding $421,500 in rock contingency to the Buckhorn Mebane Phase 2 Utilities project
43 construction budget.
44
45 VOTE: UNANIMOUS
46
47 a. Redesigned County Logo
48 The Board reviewed and considered options for a redesigned County Logo as recommended by the
49 Review Committee for the County Logo.
50 Michael Talbert said this item is coming forward, after discussion at a work session, with four
51 options. He noted that these options are included in the packet and are labeled A, B, C, and D. He asked
52 the Board for indication of their preference.
12
1 Commissioner Gordon said she has looked at these designs, and she appreciates the work of the
2 committee, staff and Commissioners; however she still thinks they can do better than these four options,
3 and she would be glad to work on this with staff.
4
5 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to defer
6 approval of a new County logo, and refer the matter to the logo design committee for a recommendation
7 concerning a new logo design, and she indicated her willingness to participate.
8
9 Commissioner Price asked how much more this would cost the County.
10 Carla Banks said this would cost more money. She said it was initially anticipated that this process
11 would not exceed $2200. She said the additional dollar amount will depend on the complexity of the design
12 being requested.
13 Commissioner Pelissier said there were many different opinions expressed about the logos during
14 the work session. She said she is ready to vote, and she feels like people will still have different opinions if
15 this goes back.
16 Commissioner Dorosin said, of the four options, he likes option D. He said if one of these options is
17 not chosen, he would suggest opening it up to the community for ideas.
18 Commissioner McKee said he hasn't been any more impressed with the other Counties' logos. He
19 said he seconded the motion for the purpose of discussion, but he feels it is time to choose one of the
20 logos and move forward.
21 Commissioner Rich said she agrees that a consensus is unlikely, and she likes option A without the
22 line and option D with no line.
23 Commissioner Dorosin asked if Commissioner Gordon would accept an amendment to her motion,
24 to make this a community project in Orange County.
25 Chair Jacobs said he liked option A with no line, and he did not support Commissioner Gordon's
26 motion to take it back to committee.
27 Commissioner Gordon said no to the friendly amendment, as that would take a long time.
28
29 VOTE: Ayes, 1 (Commissioner Gordon); Nays, 6
30
31 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to choose
32 option A for the redesigned logo for the County The new logo design would go into effect on July 1, 2014,
33 allowing for the current logo to be phased out.
34
35 Commissioner Price asked why this will not go into effect until July.
36 Carla said the current logo is in circulation on phone books, as well as other materials.
37
38 VOTE: Ayes, 6; Nays, 1 (Commissioner Dorosin)
39
40 8. Reports
41
42 a. Solid Waste Convenience Center Update
43 The Board received information regarding performance of the new Walnut Grove Church Road
44 Convenience Center and progress of planning for Eubanks Road Convenience Center improvements.
45 Gayle Wilson said residents appear to be adjusting to the upgraded facility, and operations are
46 working better than expected.
47 He said there is a need for another stationary compactor; however, in the interim two compactor
48 boxes are being delivered to alleviate the waste storage problem.
49 He said canopies have been ordered to shelter employees from inclement weather.
50 Gayle Wilson referred to several PowerPoint slides with photographs of the Walnut Grove facility
51 and a draft plan for the Eubanks Road facility.
52 He said the town's planning department had requested additional informational items for the
53 Eubanks Road facility, and this is being provided. He walked through the draft plan map. He said this
13
1 facility layout will be very similar to Walnut Grove, except for the single entrance and exit. He said staff is
2 proposing three MSW compactors and two bulky waste compactors.
3 He said staff is also proposing incorporation of the hazardous waste facility into the Eubanks Road
4 facility. He said this will allow expanded hours for hazardous waste disposal.
5 Commissioner Rich said Eubanks currently has a shed for used items. She asked if this will remain.
6 Gayle Wilson said yes, and it will be improved and expanded.
7 Commissioner Gordon asked for clarification on the current functions versus what will be in place in
8 the future. She asked specifically about card board recycling, electronics recycling, and other specialized
9 recycling. She asked how all of these functions would be accommodated in the new facility,
10 Gayle Wilson said this new facility will be three to four times larger. He said there will be no more
11 card board dumpsters, as one of the compactors will be for cardboard. He said the other compacter will be
12 for mixed recycling. He said the plan is to do away with the front loading dumpsters. He said textile
13 recycling, plastic film recycling, food waste recycling and cooking oil recycling are also being added.
14 Commissioner Gordon asked some clarifying questions on the map of the facility and Gayle Wilson
15 reviewed the map.
16 Commissioner Gordon asked about the planned start and completion dates, and she asked about
17 the interim location.
18 Gayle Wilson said he is trying to find an interim location now. He said this will be about a four to six
19 month project, and it will start once staff has provided Chapel Hill with the requested preliminary
20 information, and the Town has provided information on the permitting process. He said the best case is
21 that a permit can be obtained to begin construction by summer of 2014, to be completed by the end of
22 2014. He said the worst case scenario would put the timeline a year beyond this, with construction in the
23 fall of 2015.
24 Commissioner Price asked if both compactors are working at the same time at Walnut Grove.
25 Gayle Wilson said these are used at alternate times so that both don't fill up at the same time. He
26 said this prevents interruption in service. He said the Eubanks site will be able to run two compactors at the
27 same time.
28 Commissioner Price said there is usually a line when only one compactor is operating. She asked if
29 both could be operating at one time at Walnut Grove now and if all three will be working at the same time at
30 Eubanks.
31 Gayle Wilson said two compactors will be operating at all times at Eubanks, while one will be
32 reserved for use when the other two fill up. He said Walnut Grove only has two, so one is saved for
33 reserve use. He said the lines don't usually get more than three or four cars long.
34 Commissioner Price said she is concerned more with convenience. She said this system prevents
35 people from being able to run in and run out. She referred to the Eubanks site drawing and said she is
36 concerned about the circulation pattern and how cars will get past the compactor.
37 Gayle Wilson showed the options on the diagram and said there is room for cars to pull around.
38 Commissioner Price said she is concerned about how this will work when things get very busy.
39 Michael Talbert said this is just a concept drawing for Chapel Hill's review process, and staff will be
40 bringing back a more detailed diagram in the summer.
41 Gayle Wilson said this will also include the recommendation on interim services.
42 Commissioner McKee said he recently met with a homeowners association, and there were several
43 questions about the Eubanks facility. He recommended the residents take a look at Walnut Grove for an
44 idea of the layout.
45 He said the compactors at Walnut Grove are still relatively high, and he wonders if it is possible to
46 have a ramp pad to reduce the amount of distance that garbage has to be lifted.
47 Gayle Wilson said this comes back to an OSHA requirement that access to a compactor box be a
48 minimum of 42 inches from surface level. He said this is the controlling factor.
49 Commissioner Dorosin said he did not see anything in the Eubanks drawing about sheds for
50 employees. He asked if this is in the plans.
51 Gayle Wilson said these will be put in from day one at this site.
52 Commissioner Dorosin asked for clarification on the compactor being added to the Walnut Grove
53 site.
14
1 Gayle Wilson said there were budget adjustments to the original plan that eliminated one compactor
2 when the site was first constructed.
3 Commissioner Dorosin asked if the new storage containers will allow there to be an empty container
4 always on site.
5 Gayle Wilson answered yes.
6 Commissioner Gordon asked for further explanation on the circulation patterns.
7 Gayle Wilson walked her through the diagram of the concept plan for the proposed renovated
8 Eubanks Road SWCC. He said it will likely take time for residents to get used to the flow, so there is a
9 convenient circular pattern.
10 Commissioner Gordon asked about the circulation pattern coming back around the center.
11 Gayle Wilson said if someone comes in a truck and is not a regular customer, they will be weighed,
12 unloaded, and then weighed again to determine the empty weight and calculate the fee.
13 Chair Jacobs said he is glad to scales are on the northern side. He asked if staff has an estimate
14 on the difference in usage between the two sites.
15 Gayle Wilson said Eubanks handles about 20 to 25 percent more garbage. He said the number of
16 customers is very similar, although Eubanks may be slightly busier. He noted that Walnut Grove has
17 picked up traffic since it opened.
18 Chair Jacobs said some officials have advocated for a pay-as-you-throw option. He asked if this
19 site would be able to handle this
20 Gayle Wilson said this style of site will be more adaptable to a pay-as-you-throw option.
21 Chair Jacobs suggested a map should be placed at the entrance of both sites so people can peruse
22 it to figure out the lay out.
23 Chair Jacobs said he has used Walnut Grove site quite often. He said his problem is with the MSW
24 compactor, because you can't get close enough to the site with a pick-up truck. He said staff will not allow
25 residents to back up to the container, so he has to lift the garbage to the container. He said he would like
26 some way to get closer to the compactor.
27 Gayle Wilson said that is one of the flaws with the Walnut Grove site. He said this was considered
28 during the design period, and staff was urged to keep vehicles away from the compactor containers. He
29 said he will look into this to see if there is any way to modify this or have one aisle that allows backing for
30 large loads.
31
32 9. County Manager's Report
33 Michael Talbert said things are moving forward with the Rogers Road Community Center. He
34 believes that they will be able to move forward with the new re-design. He said the exterior will look the
35 same; the interior will have minor changes; and there will be major changes in the materials used. He said
36 the hope is to bid the project in mid to late January and begin construction during the Spring season.
37
38 10. County Attorney's Report
39
40 NONE
41
42 11. Appointments
43
44 NONE
45
46 12. Board Comments
47
48 Commissioner Gordon said she received an email today from the NCACC Environment Steering
49 Committee asking for information regarding the County's local environmental ordinances. She has
50 forwarded this to the Manager, and information is due back by December 6th. She asked if it is possible to
51 pull this together.
52 Michael Talbert said yes.
53 Commissioner Price - none
15
1 Commissioner McKee said the ABC Board had a ribbon cutting and open house for their new
2 administrative offices and warehouse last week. He said this is a significant upgrade in terms of both
3 comfort and safety for employees.
4 Commissioner Dorosin — none
5 Commissioner Pelissier— none
6 Commissioner Rich — none
7 Chair Jacobs noted that the first planning committee meeting for the 16th Annual Agricultural Summit
8 is tomorrow morning. He encouraged Board of County Commissioners to send suggestions to him or Carl
9 Maytac. He said he has asked that all Board members be on the email list and that past agendas be sent
10 to them.
11 Chair Jacobs said LAUNCH is having an event on December 9th from 6-8 pm.
12
13 13. Information Items
14
15 e November 19, 2013 BOCC Meeting Follow-up Actions List
16 e Tax Collector's Report— Numerical Analysis
17 e BOCC Chair Letter Regarding Petitions from November 19, 2013 Regular Meeting
18
19 14. Closed Session
20 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to go into closed
21 session at 9:28 pm for the purpose listed below:
22
23 "To discuss the County's position and to instruct the County Manager and County Attorney on the
24 negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5).
25
26 VOTE: UNANIMOUS
27
28 RECONVENE INTO REGULAR SESSION
29
30 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to reconvene into
31 open session at 9:40pm.
32
33 VOTE: UNANIMOUS
34
35 15. Adjournment
36
37 A motion was made by Commissioner Gordon, seconded by Commissioner Rich to adjourn the
38 meeting at 9:40pm.
39
40 VOTE: UNANIMOUS
41
42 Barry Jacobs, Chair
43
44
45 Donna Baker
46 Clerk to the Board