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HomeMy WebLinkAboutMinutes 12-02-2013 APPROVED 2/4/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING December 2, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 2, 2013 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Chair Jacobs called the meeting to order and reviewed the following items at the Commissioner's places: - Photographs from the Eno River Association - Buff colored sheets — Item 6-g — Orange County Community Development Block Grant (CDGB)- Economic Development Board Organization a. Election of Chair and Vice-Chair Clerk to the Board Donna Baker distributed the ballots. She read the voting results as follows. Election of Chair— Barry Jacobs (7-0) Election of Vice-Chair-Earl McKee (7-0) b. Designation of Voting Delegate for all NCACC and NACo Meetings for Calendar Year December 1, 2013-2014 Chair Jacobs asked who would be interested in this position. Commissioner Pelissier and Commissioner Price indicated their interest in serving as the voting delegate for the NCACC. Chair Jacobs asked for a show of hands for those who supported Commissioner Pelissier as the NCACC representative: Commissioner Rich, Commissioner Gordon, Commissioner Pelissier, and Commissioner McKee raised their hands. By a vote of 4-3, Commissioner Pelissier was selected as the voting delegate for NCACC for 2013-14. Chair Jacobs asked for volunteers for the NACo voting delegate position and Commissioner Rich indicated her interest. VOTE: UNANIMOUS Appointments a. Manager A motion was made by Commissioner Price, seconded by Commissioner McKee to appoint Michael Talbert as the County Manager (Interim). VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint Donna Baker as Clerk to the Board. VOTE: UNANIMOUS C. County Attorney A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint John Roberts as the County Attorney. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda (See note above regarding additional abstract materials for item 6-g) PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Terry Rekeweg read a statement, included in the agenda packet, regarding the Durham-Orange Light Rail Project. He noted the recent announcement of a planned, large scale mixed use development in Chatham County. He feels that transit planning should take this into consideration. He said if this park is built in Chatham County, it would make sense to tie this park to Research Triangle Park (RTP). He said it would be great if Pittsboro passengers could transfer in Chapel Hill to a direct ride into RTP, and he questioned the potential use of a route from Chapel Hill to Downtown Durham to board a bus into RTP. He said the large investment for the current light rail route is not useful for this commute. He said light rail that goes directly to RTP would be heavily used and would provide economic benefit to Orange County from transit passengers passing through. Terry Rekeweg said the current light rail plan avoids the RTP area. He said he presented a much more effective plan to the Board months earlier. He made note of a derailed passenger train in the Bronx, and said this has been attributed to a restricted speed curve. He said the Durham-Orange Light Rail has many tight curves that would restrict the speed of the train; however his proposed plan would remove 30 of these restricted speed curves. He said he is submitting this report to the MPO and to Triangle Transit for the NEPA process. Robin Jacobs, Executive Director for the Eno River Association said she brought greetings from the Association. She presented each of the Commissioners with a 2014 calendar. She expressed appreciation for the partnership and working relationship with the Board on conservation over the years. She referred to a series of photographs showing recent joint projects. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Gordon read the following petition: When a closed session item is on an agenda, the appropriate staff will provide the Commissioners with a summary description of the topics to be discussed. This information will be provided as part of the agenda packet if possible, but at least before the meeting is held. Commissioner Price said she would like to petition the Board to ask staff to work with Cooperative Extension, inclusive of 4-H, to continue to support these entities. Chair Jacobs said Cooperative Extension's budget has recently been cut significantly. He said the County still depends on 4-H and Cooperative Extension. He said these entities do more than the community realizes. He hopes that future budget discussions will include ideas to better support those efforts. Commissioner Price said she would like to petition the Board to look at affordable rentals in Orange County. 4. Proclamations/ Resolutions/ Special Presentations a. Declaration of Tenants' Rights and Obligations The Board considered endorsement of the Declaration of Tenants' Rights and Obligations drafted by the Human Relations Commission, Orange County Justice United, EmPOWERment, and the UNC School of Law's Legal Assistance Clinic. James Davis said this document was collaboratively drafted by Orange County Justice United, Empowerment, the UNC Legal Assistance Clinic and the Orange County Human Relations Commission (HRC). He said the purpose is to provide tenants with concise information regarding rights and responsibilities as a renter, and to provide a list of resources and agencies to navigate these rights and responsibilities. Tish Galu, from Justice United, said the background on the declaration is included in the agenda packets. She said the most important thing to note is that this started with tenants. She said there were serious issues being faced by the tenants in the County. She said this situation was rectified, and the action teams began discussions about preventing this from happening again. She said the team wanted to look at the most important issues facing tenants. She recognized members of HRC, Orange County Justice United, and the UNC Civil Legal Assistance Clinic who assisted with researching and drafting the document. Tish Galu said every item in the document is an issue that has been faced by tenant. She said the document does not provide legal advice, but it does provide tenants and landlords a way to understand the steps necessary to rectify a situation. She said the resource list is also crucial in resolving a situation. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to endorse the Declaration of Tenants' Rights and Obligations drafted by the Human Relations Commission, Orange County Justice United, EmPOWERment Inc. and the UNC School of Law's Legal Assistance Clinic. Commissioner Price asked who pays for lock changes in the case of domestic violence protection. Tish Galu said the landlord would absorb this cost. Commissioner Rich asked who people are to get in touch with in the event of problems. She also asked about the distribution of this document. Tish Galu said tenants are contacting Justice United, Empowerment, UNC's legal clinic and other people on the resource listing. She said distribution is the largest challenge right now. She said this has been given out by mail or email to those who request it, but there is no specific distribution channel yet. Commissioner Rich said the Board can put it on the website, but many people may not have access to the internet. She said it might be a good idea to put it at places of worship. Tish Galu said Justice United has partnered with 22 congregations who are helping with distribution. She said Justice United is also part of a new coalition on affordable housing, so there is another channel of possibility there. She said endorsement from County government will also help with this effort. Commissioner McKee expressed thanks for the efforts to bring this forward. VOTE: UNANIMOUS Chair Jacobs expressed appreciation from the Board. Tish Galu said there is also interest from the Attorney General regarding the tenant's declaration. b. Proclamation - Human Rights Day, Bill of Rights Day, and Human Rights Week The Board considered officially recognizing Human Rights Day, Bill of Rights Day and Human Rights Week in Orange County during the month of December and authorizing the Chair to sign the proclamation. James Davis introduced Human Relations Commission Chair Dr. Christine Kelly-Klees, who read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, on December 10, 1948, the member states of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems agreed on the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in connection with the Universal Declaration of Human Rights; and WHEREAS, Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and WHEREAS, it was the North Carolina convention, held in Hillsborough, which was instrumental regarding the inclusion of a Bill of Rights as part of ratifying the United States Constitution; and WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press as well as freedom of religion and association; and WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due process of law and establishes fundamental rules of fairness in judicial proceedings, including the right to trial by jury; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in Orange County, and each of us can play a major role in enhancing human rights; and WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace;" NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim December 10, 2013 as Human Rights Day and December 15, 2013 as Bill of Rights Day and December 10 — 16, 2013 as Human Rights Week in Orange County and challenge residents to study and promote the ideas contained in these documents to the end that freedom, justice, and equality shall not perish but will flourish and be made available to all. This, the 2nd day of December 2013. A motion was made by Commissioner Rich, seconded Commissioner Pelissier to adopt the Proclamation regarding Human Rights Day, Bill of Rights Day and Human Rights Week and authorize the Chair to sign the Proclamation. Commissioner Price suggested, in the future, that the Board could acknowledge the later amendments, and make reference to those as well. She said those later amendments pushed for freedom for everyone. VOTE: UNANIMOUS c. Resolution Recognizing Erin Thompson and Orange County 4-H The Board considered approving a resolution recognizing Erin Thompson for receiving the 4-H Youth Volunteer Award for the North Central District of North Carolina and the Orange County 4-H Program and authorizing the Chair to sign. Erin Thompson said being a member of Orange County 4-H has exposed her to new opportunities and allowed her to attend many conferences. She said she has also formed many new friendships. She said one of the highlights of her summer was the opportunity to interview Commissioner Price and meet local government officials. She said the experience with volunteering has made her feel better about herself through helping others. Commissioner Price pointed out that Erin Thompson was one of 11 4-h members recognized at the 4-H state conference. She read the following resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING ERIN THOMPSON AND ORANGE COUNTY 4-H WHEREAS, guided by North Carolina Cooperative Extension educators, Orange County 4-H members gain knowledge, skills and experience that help them become responsible citizens and leaders; and, WHEREAS, Erin Thompson has embodied the key elements of 4-H - Head, Heart, Hands and Health; and, WHEREAS, on November 17, 2013, Erin Thompson was recognized at the North Carolina State Council Conference as a recipient of the 4-H Youth Volunteer Award for the North Carolina Central District; and, WHEREAS, local 4-H leadership has commended Erin for her commitment to her club, community, county and world, and for her overflowing love for humanity, including demonstrated compassion for the elderly, and those younger; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby recognize Erin Thompson for her volunteer spirit, embodiment of the 4-H vision and commitment to people of all ages in Orange County. This, the second day of December 2013. A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve and authorize the Chair to sign the attached resolution recognizing Erin Thompson for her volunteer efforts in the 4-H community and for the people of Orange County. VOTE: UNANIMOUS d. Presentation on Economic Pressures on the Department of Social Services, Request for Additional Funds, and Approval of Budget Amendment#3-A The Board received an update on current economic pressures and considered a request for additional funds for crisis services to support families served by the Department of Social Services (DSS) and to approve Budget Amendment#3-A to transfer $100,000 from the Social Justice Reserve Fund to the Department of Social Services for General Assistance for client payments. Nancy Coston said it has been quite a year for the department. She said the shut down and sequestration caused anxiety for the department and its clients. She said the agency receives a lot of federal funding, so government shutdowns and sequestration makes them vulnerable. She said Medicaid serves 12,000 people in Orange County, which amounts to $104 million paid directly to medical providers. She said the Medicaid program is not affected by the sequester or the shutdown; however the state has been looking for ways to cut the Medicaid budget. Nancy Coston said the Temporary Assistance for Needy Families is a block grant of federal dollars that is used to pay for the child welfare program and to pay the cash payments. She said the shutdown caused uncertainty about whether the state would be able to issue checks, and a decision was made to suspend all programming for the Work First families. She said this was extremely stressful for these families, although the department was eventually paid back. She said sequestration is also cutting into the very successful adolescent parenting program. She said the goal of this program is to keep young parents in school, and to delay pregnancy. She said a stop work order was issued for this program, and that was very disruptive. Nancy Coston said the most disruptive piece during the shutdown was the childcare program. She said this is a $4.1 million program, and there was a possibility that the state would be unable to pay back money spent on this program. She said the decision was made to continue the childcare program, which was eventually reimbursed. She said sequestration is already cutting money from the Social Services Block Grant (SSBG), which pays for child welfare and adult protective services, as well as part of the home and community care block. She said Orange County has rolled the dice a bit, and none of these services were disrupted by the shutdown, although there have been cuts from the sequestration. Nancy Coston said there have also been problems with the food and nutrition program, which had to endure a cut of$36 per family. She said the department has also been doing automation implementation for N.C. Fast. She said it has been very difficult at times, and the department has used food banks, but it has also been necessary to use County funds. She said the cost to alleviate a family in crisis is higher this year. She said the cap used to be $200, but this will not help most people get out of a crisis, so it has been necessary to spend more. She said a cut was made last year by targeting only people with children, but there are so many people impacted that this has been changed back this year. She said efforts are being made to help some of the others. She said there were more homeless prevention funds in previous years because of grants, but this is now gone, and the funding is mostly County money. Nancy Coston said her department has also provided assistance to the victims of the flood in Chapel Hill last summer. She said the purpose of tonight is to provide and update, and to ask for additional funding due to these unforeseen crises. Chair Jacobs said he and Commissioner McKee decided this issue was important to have at the beginning of the agenda so that the public could be a part of the audience. Commissioner Rich asked how the County can get this information out to the media and the public. Chair Jacobs said this was discussed at agenda review, and one idea was to do some press releases that profile people using the services. He said this would make it more personal. He said this could also be shared with congressional leaders, such as Congressman Price, to show the human costs of the sequestration. Commissioner Pelissier said it would be good to talk about the numbers of people affected in each of the different social service areas. She said many people do not realize how many residents are actually in need of assistance. Commissioner Pelissier asked how many people are on the waiting list for childcare subsidies. Nancy Coston said there are still several hundred waiting. Commissioner Pelissier asked why the Board had to approve the monies, since this was allocated in the budget. She prefers, in future, that the money is allocated, and staff and social services are allowed to use their best judgment in utilizing the funds. Clarence Grier said when the reserve was set up, the money was not earmarked for any specific purpose or department. He said this is why specifics are needed. Commissioner McKee said he recently spoke to Nancy Coston and Dr. Bridger of the Orange County Health Department about these issues. He said the health department did not get hit as hard as DSS with budget cuts. He expressed appreciation to Nancy Coston for bringing this information forward. He said that is why this money was put in reserve during the last budget cycle, and he encouraged Nancy Coston not to be shy in asking for more if necessary. Commissioner Dorosin said he supports the transfer of this money. He said this is an opportune moment, as the budget season is beginning, to create some sort of anti-poverty program that can be a priority over the next few years. He said the County is being reactive to a crisis of need, and there needs to be a comprehensive poverty program in Orange County in order to change this. He said this is an opportunity to be engaged and innovative and anticipate some of these challenges at the front end. Commissioner Gordon thanked Nancy Coston for the summary. She is glad this fund is available. She said it is important that people know about this, and it is an important story to tell. Commissioner Price asked if the department is anticipating a direr situation this year, as the winter season approaches. Nancy Coston said it does not look like the energy program has a federal cut yet. She said a lot of that program is determined by the weather, and there is no way to know how much will be needed. She said the cost of utilities has increased, and it takes more money to get someone out of a crisis. She said the department is trying to have all of their crisis programs attached to their service programs. She said it has been worse up to this point, but she does not know if it will be worse the rest of the year or not. Commissioner Price asked if this funding request will be enough, or if it is conservative. Nancy Coston said she based her request on what was used last year. She is hopeful that this will get them through. She said federal funds can only be used if the weather is threatening the health of people. Chair Jacobs said he is glad to hear that the directors of the Health Department and DSS are encouraged to get in touch with the manager when there is a need that needs to be addressed. He said the money was set aside with the understanding that it would be needed to fill in the holes in the social safety net. Nancy Coston said if there is another shut down scare it will cost more money because of the chaos that follows. She said disruption of benefits has an immediate impact. Chair Jacobs said the County has dedicated staff to address the programs for poverty that are at their disposal; however, if the poverty level is not being impacted, the Board needs to be more assertive in their strategies. He suggested that the people in charge of the retreat agenda and the budget proposals should begin to look at this. Commissioner McKee suggested that the manager should contact the faith community to help get this information out to the public. A motion was made by Commissioner Price, seconded by Commissioner McKee to approve Budget Amendment#3-A to transfer $100,000 from the Social Justice Reserve Fund to the Department of Social Services for General Assistance for client payments. With approval of this allocation, a balance of $150,000 will remain in the Social Justice Reserve Fund for FY 2013-14. VOTE: UNANIMOUS 5. Public Hearings a. Community Development Block Grant (CDBG) Program — Economic Recovery Program The Board conducted a public hearing to receive public comments prior to official close-out of the County's FY 2010 Community Development Block Grant (CDBG) Economic Recovery Program and authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. Tara Fikes said the purpose of this meeting tonight is to conduct a public hearing to receive public comments prior to official close-out of the County's FY 2010 Community Development Block Grant (CDBG) Economic Recovery Program and authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. Tara Fikes said in February 2011, Orange County was officially awarded a $500,000 Community Development Block Grant (CDBG) from the N.C. Department of Commerce for an Economic Recovery Program. Funds from this grant were intended to be used to repair eight (8) deteriorated housing units, reconstruct one (1) dwelling unit and provide urgent repair assistance for an additional 15 dwelling units in the County. She said all CDBG activities have now been completed; eight (8) homes were substantially rehabilitated; and 15 dwelling units received urgent repair assistance. The targeted home for reconstruction activity was not completed due to the owner's reluctance to participate in the program. A summary of the program beneficiaries is in their agenda packet. In order to complete the grant close-out process, the N.C. Department of Commerce requires that a public hearing be held prior to the official closeout of the Economic Recovery Program to assess the performance of the County in administering the grant program. In addition, the County is required to execute the Certificate of Completion form. Tara Fikes said this grant provided $500,000 to the community for this program. She said a total of $484,000 was expended, leaving $16,000 that was associated with clearance and relocation costs for the home that withdrew from the program. Thus, $16,000 from this program will be retained by the State Community Development Program. Commissioner Pelissier referred to the listing of targeted homes for reconstruction that did not participate and asked if there was a list of back up homes. Tara Fikes said there were backup homes and the funding was used to repair another home. She said they were not able to re-program the other funds. Commissioner Dorosin said in the future he would like to see if staff could list all properties that were rehabilitated, as well as the homes that are listed for urgent repairs. Commissioner Dorosin said that the house that chose not to participate in the program was slated for reconstruction. He asked what would happen to that house now. Tara Fikes said a family lives there now, and they have been working with some church groups that are trying to help with some of the most urgent needs and repairs. Commissioner Dorosin asked how the eight homes listed were chosen. Tara Fikes said at the time of the state application process staff had to list the homes in need, and there were 8 homes, plus an alternate list of about 6 other homes. She said there is a waiting list of about 20 homes that are in need of repair, and her department normally maintains a list. NO PUBLIC COMMENT A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Rich to authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. VOTE: UNANIMOUS Chair Jacobs said it is a shame to see $65,000 left on the table. He suggested the possibility of additional projects to take advantage of allocated monies. Tara Fikes said she has requested this money be reprogrammed. b. Community Development Block Grant (CDBG) Program — Scattered Site Housing Rehabilitation Program The Board conducted a public hearing to receive public comments prior to official close-out of the County's FY 2010 Community Development (CDBG) Scattered Site Housing Rehabilitation Program and authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. Tara Fikes said the purpose of tonight's meeting was to conduct a public hearing to receive public comments prior to official close-out of the County's FY 2010 Community Development (CDBG) Scattered Site Housing Rehabilitation Program and authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. She said in February 2011, Orange County was officially awarded a $400,000 Community Development Block Grant (CDBG) from the N.C. Department of Commerce for a Scattered Site Housing Rehabilitation Program. Funds from this grant were intended to be used to repair eight (8) deteriorated housing units in the County. Tara Fikes said that all CDBG activities have now been completed and seven (7) homes were substantially rehabilitated. She said four of the homes were in the Town of Hillsborough, one in Carrboro and two in the unincorporated area of the County. In order to complete the grant close-out process, the N.C. Department of Commerce requires that a public hearing be held prior to the official closeout of the Scattered Site Housing Rehabilitation Program to assess the performance of the County in administering the grant program. In addition, the County is required to execute the Certificate of Completion form. Tara Fikes said the total costs for the completion of the housing rehabilitation, plus associated administrative costs, is $351,257. Thus, $48,743 will be retained by the State Community Development Program. Commissioner Dorosin asked how these homes are selected and identified. He asked for an explanation of the criteria used to choose and prioritize these homes. Tara Fikes said these homes were identified prior to application for the funding, as a result of the department making a public advertisement in 2010. She said applications were accepted for a period of time to determine the need in the community, and referrals were received from other agencies and individuals. She said this program requires that recipients are homeowners and have an income below 60% of the area median. She said the needs of the homes tie in with the requirements of the program. She said the CDBG program has a limit of$40,000 per home; however additional funding is sometimes requested, depending on the needs of the home. She said the department tries to look at the requirements of each of their programs. Commissioner Dorosin asked if any applications were turned down. Tara Fikes said yes, and this was due to title issues on a couple of the applications. She added that the program was a deferred loan program, meaning that the loan did not need to be paid back if the resident lived in the home for the duration of the loan, which is 15-years. She said the resident is responsible for paying taxes and insurance on the home. NO PUBLIC COMMENT A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. VOTE: UNANIMOUS 6. Consent Agenda • Removal of Any Items from Consent Agenda NONE • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from October 17, 2013 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for forty-eight (48) taxpayers with a total of fifty (50) bills that will result in a reduction of revenue in accordance with NCGS. C. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for four (4) taxpayers with a total of ten (10) bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Application for Property Tax Exemption/Exclusion The Board approved one (1) untimely application for exemption/exclusion from ad valorem taxation for one (1) bill for the 2013 tax year. e. Schools Adequate Public Facilities Ordinance (Schools APFO) — Approval of Membership and Capacity Numbers The Board approved November 15, 2013 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2013 SAPFO Technical Advisory Committee (SAPFOTAC) Report, and authorized the Chair to sign. f. Disbursement of Vehicle Registration Tax Funds The Board authorized the North Carolina Division of Motor Vehicles (DMV) to send funds from the seven dollar vehicle registration tax directly to Triangle Transit (TT) and authorized the Chair to sign. g. Orange County Community Development Block Grant (CDBG) — Economic Development The Board approved a resolution authorizing the submission of the Morinaga America Foods, Inc. Community Development Block Grant (CDBG) application and authorized the Chair to sign the required application documents on behalf of the Board. 7. Regular Agenda a. Buckhorn Mebane Phase 2 Utilities — Request for Additional Rock Allowance and Approval of Budget Amendment#3-113 The Board considered approving Budget Amendment#3-B adding additional rock contingency to the Buckhorn Mebane Phase 2 Utilities Capital project budget. Kevin Lindley reviewed the map included in the board's agenda packet. He said the sewer and water infrastructure project is to serve the Buckhorn area identified for economic development. He said the project is about halfway complete. He said there is already a mile of water line in service. He said the amendment is presented tonight because the contractor installing the sewer line in the western area of the project has run into a high amount of rock, and he referred to photographs showing this. He said a mobile crusher is being used to crush the rock into smaller pieces and avoid having to haul it all off. He said the rock allowance has been exceeded, and the goal is to get in front of this issue by allowing additional Rock allowance to cover the additional cost. He said the money will not be spent if additional rock is not encountered. Michael Talbert said rock allowance is standard for these types of contracts. Commissioner McKee said it is not unusual to find this much rock when digging in Orange County. Commissioner Gordon clarified that the funding would not be spent if there is no more rock encountered. Kevin Lindley said that is correct. Commissioner Gordon noted that the water line is 75 percent complete and has only used a fraction of its rock contingency. She asked how much has been saved here. Kevin Lindley said the original rock contingency for the water line was about 900 cubic yards and only 200 yards have been encountered. He said this is not enough to cover the anticipated overage. Commissioner Rich asked how a rock allowance is estimated. Kevin Lindley said staff looked at similar projects in the area and estimated the costs based on this. He said bids also came in higher than expected, so there was no padding added to the rock allowance. Michael Talbert said this is the second or third line that has been installed in this area, and it is the first to exceed the rock allowance. Commissioner McKee referred to a similar project that did borings and found one narrow band of rock. Commissioner Dorosin asked if there was an alternative. He said it seems the project could not go forward if the Board says no. Chair Jacobs said Carrboro High School was just like this and had a shockingly high cost because of rock. Chair Jacobs asked during what hours the crushing of rock happens. Kevin Lindley said the crusher runs during normal operating hours. He said the crew arrives around 7:30 am, but time is allowed to warm up the equipment. He believes it is run between 9:00 am and 4:00 pm. Chair Jacobs asked how long the project will continue. Craig Benedict said staff found it would take about three hundred truckloads to remove the rock. HE said the crusher avoids this by crushing the rock and mixing it to put back in as fill later on. He said the work with rock blasting does take longer and this western section of the project is about a month and half from completion. He said it would probably be about 3 to 4 months of work in the middle Gravelly Hill leg of the project. He said the water line is going well, but sewer lines have to go deeper. This is the reason for the additional rock. Chair Jacobs asked if the public in that area has been educated about this process. Craig Benedict said signs have been put up in this area, which is mainly farmland. Commissioner Rich said her house would shake when OWASA was exploding rock to put in the new pipeline across Estes. She hopes good notice is being given to residents. Kevin Lindley said there have only been a couple of houses close enough to detect it on this project. He said most of these residents have already been approached regarding easements, so they are aware of what's going on. He said the contractor in charge of the blasting is very responsible. A motion was made by Commissioner Price, seconded by Commissioner McKee to approve Budget Amendment#3-B by adding $421,500 in rock contingency to the Buckhorn Mebane Phase 2 Utilities project construction budget. VOTE: UNANIMOUS a. Redesigned County Logo The Board reviewed and considered options for a redesigned County Logo as recommended by the Review Committee for the County Logo. Michael Talbert said this item is coming forward, after discussion at a work session, with four options. He noted that these options are included in the packet and are labeled A, B, C, and D. He asked the Board for indication of their preference. Commissioner Gordon said she has looked at these designs, and she appreciates the work of the committee, staff and Commissioners; however she still thinks they can do better than these four options, and she would be glad to work on this with staff. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to defer approval of a new County logo, and refer the matter to the logo design committee for a recommendation concerning a new logo design, and she indicated her willingness to participate. Commissioner Price asked how much more this would cost the County. Carla Banks said this would cost more money. She said it was initially anticipated that this process would not exceed $2200. She said the additional dollar amount will depend on the complexity of the design being requested. Commissioner Pelissier said there were many different opinions expressed about the logos during the work session. She said she is ready to vote, and she feels like people will still have different opinions if this goes back. Commissioner Dorosin said, of the four options, he likes option D. He said if one of these options is not chosen, he would suggest opening it up to the community for ideas. Commissioner McKee said he hasn't been any more impressed with the other Counties' logos. He said he seconded the motion for the purpose of discussion, but he feels it is time to choose one of the logos and move forward. Commissioner Rich said she agrees that a consensus is unlikely, and she likes option A without the line and option D with no line. Commissioner Dorosin asked if Commissioner Gordon would accept an amendment to her motion, to make this a community project in Orange County. Chair Jacobs said he liked option A with no line, and he did not support Commissioner Gordon's motion to take it back to committee. Commissioner Gordon said no to the friendly amendment, as that would take a long time. VOTE: Ayes, 1 (Commissioner Gordon); Nays, 6 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to choose option A for the redesigned logo for the County The new logo design would go into effect on July 1, 2014, allowing for the current logo to be phased out. Commissioner Price asked why this will not go into effect until July. Carla said the current logo is in circulation on phone books, as well as other materials. VOTE: Ayes, 6; Nays, 1 (Commissioner Dorosin) 8. Reports a. Solid Waste Convenience Center Update The Board received information regarding performance of the new Walnut Grove Church Road Convenience Center and progress of planning for Eubanks Road Convenience Center improvements. Gayle Wilson said residents appear to be adjusting to the upgraded facility, and operations are working better than expected. He said there is a need for another stationary compactor; however, in the interim two compactor boxes are being delivered to alleviate the waste storage problem. He said canopies have been ordered to shelter employees from inclement weather. Gayle Wilson referred to several PowerPoint slides with photographs of the Walnut Grove facility and a draft plan for the Eubanks Road facility. He said the town's planning department had requested additional informational items for the Eubanks Road facility, and this is being provided. He walked through the draft plan map. He said this facility layout will be very similar to Walnut Grove, except for the single entrance and exit. He said staff is proposing three MSW compactors and two bulky waste compactors. He said staff is also proposing incorporation of the hazardous waste facility into the Eubanks Road facility. He said this will allow expanded hours for hazardous waste disposal. Commissioner Rich said Eubanks currently has a shed for used items. She asked if this will remain. Gayle Wilson said yes, and it will be improved and expanded. Commissioner Gordon asked for clarification on the current functions versus what will be in place in the future. She asked specifically about card board recycling, electronics recycling, and other specialized recycling. She asked how all of these functions would be accommodated in the new facility, Gayle Wilson said this new facility will be three to four times larger. He said there will be no more card board dumpsters, as one of the compactors will be for cardboard. He said the other compacter will be for mixed recycling. He said the plan is to do away with the front loading dumpsters. He said textile recycling, plastic film recycling, food waste recycling and cooking oil recycling are also being added. Commissioner Gordon asked some clarifying questions on the map of the facility and Gayle Wilson reviewed the map. Commissioner Gordon asked about the planned start and completion dates, and she asked about the interim location. Gayle Wilson said he is trying to find an interim location now. He said this will be about a four to six month project, and it will start once staff has provided Chapel Hill with the requested preliminary information, and the Town has provided information on the permitting process. He said the best case is that a permit can be obtained to begin construction by summer of 2014, to be completed by the end of 2014. He said the worst case scenario would put the timeline a year beyond this, with construction in the fall of 2015. Commissioner Price asked if both compactors are working at the same time at Walnut Grove. Gayle Wilson said these are used at alternate times so that both don't fill up at the same time. He said this prevents interruption in service. He said the Eubanks site will be able to run two compactors at the same time. Commissioner Price said there is usually a line when only one compactor is operating. She asked if both could be operating at one time at Walnut Grove now and if all three will be working at the same time at Eubanks. Gayle Wilson said two compactors will be operating at all times at Eubanks, while one will be reserved for use when the other two fill up. He said Walnut Grove only has two, so one is saved for reserve use. He said the lines don't usually get more than three or four cars long. Commissioner Price said she is concerned more with convenience. She said this system prevents people from being able to run in and run out. She referred to the Eubanks site drawing and said she is concerned about the circulation pattern and how cars will get past the compactor. Gayle Wilson showed the options on the diagram and said there is room for cars to pull around. Commissioner Price said she is concerned about how this will work when things get very busy. Michael Talbert said this is just a concept drawing for Chapel Hill's review process, and staff will be bringing back a more detailed diagram in the summer. Gayle Wilson said this will also include the recommendation on interim services. Commissioner McKee said he recently met with a homeowners association, and there were several questions about the Eubanks facility. He recommended the residents take a look at Walnut Grove for an idea of the layout. He said the compactors at Walnut Grove are still relatively high, and he wonders if it is possible to have a ramp pad to reduce the amount of distance that garbage has to be lifted. Gayle Wilson said this comes back to an OSHA requirement that access to a compactor box be a minimum of 42 inches from surface level. He said this is the controlling factor. Commissioner Dorosin said he did not see anything in the Eubanks drawing about sheds for employees. He asked if this is in the plans. Gayle Wilson said these will be put in from day one at this site. Commissioner Dorosin asked for clarification on the compactor being added to the Walnut Grove site. Gayle Wilson said there were budget adjustments to the original plan that eliminated one compactor when the site was first constructed. Commissioner Dorosin asked if the new storage containers will allow there to be an empty container always on site. Gayle Wilson answered yes. Commissioner Gordon asked for further explanation on the circulation patterns. Gayle Wilson walked her through the diagram of the concept plan for the proposed renovated Eubanks Road SWCC. He said it will likely take time for residents to get used to the flow, so there is a convenient circular pattern. Commissioner Gordon asked about the circulation pattern coming back around the center. Gayle Wilson said if someone comes in a truck and is not a regular customer, they will be weighed, unloaded, and then weighed again to determine the empty weight and calculate the fee. Chair Jacobs said he is glad to scales are on the northern side. He asked if staff has an estimate on the difference in usage between the two sites. Gayle Wilson said Eubanks handles about 20 to 25 percent more garbage. He said the number of customers is very similar, although Eubanks may be slightly busier. He noted that Walnut Grove has picked up traffic since it opened. Chair Jacobs said some officials have advocated for a pay-as-you-throw option. He asked if this site would be able to handle this Gayle Wilson said this style of site will be more adaptable to a pay-as-you-throw option. Chair Jacobs suggested a map should be placed at the entrance of both sites so people can peruse it to figure out the lay out. Chair Jacobs said he has used Walnut Grove site quite often. He said his problem is with the MSW compactor, because you can't get close enough to the site with a pick-up truck. He said staff will not allow residents to back up to the container, so he has to lift the garbage to the container. He said he would like some way to get closer to the compactor. Gayle Wilson said that is one of the flaws with the Walnut Grove site. He said this was considered during the design period, and staff was urged to keep vehicles away from the compactor containers. He said he will look into this to see if there is any way to modify this or have one aisle that allows backing for large loads. 9. County Manager's Report Michael Talbert said things are moving forward with the Rogers Road Community Center. He believes that they will be able to move forward with the new re-design. He said the exterior will look the same; the interior will have minor changes; and there will be major changes in the materials used. He said the hope is to bid the project in mid to late January and begin construction during the Spring season. 10. County Attorney's Report NONE 11. Appointments NONE 12. Board Comments Commissioner Gordon said she received an email today from the NCACC Environment Steering Committee asking for information regarding the County's local environmental ordinances. She has forwarded this to the Manager, and information is due back by December 6th. She asked if it is possible to pull this together. Michael Talbert said yes. Commissioner Price - none Commissioner McKee said the ABC Board had a ribbon cutting and open house for their new administrative offices and warehouse last week. He said this is a significant upgrade in terms of both comfort and safety for employees. Commissioner Dorosin — none Commissioner Pelissier— none Commissioner Rich — none Chair Jacobs noted that the first planning committee meeting for the 16th Annual Agricultural Summit is tomorrow morning. He encouraged Board of County Commissioners to send suggestions to him or Carl Maytac. He said he has asked that all Board members be on the email list and that past agendas be sent to them. Chair Jacobs said LAUNCH is having an event on December 9th from 6-8 pm. 13. Information Items • November 19, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • BOCC Chair Letter Regarding Petitions from November 19, 2013 Regular Meeting 14. Closed Session A motion was made by Commissioner Gordon, seconded by Commissioner Rich to go into closed session at 9:28 pm for the purpose listed below: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143- 318.11(x)(5). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Rich to reconvene into open session at 9:40pm. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Rich to adjourn the meeting at 9:40pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna Baker Clerk to the Board