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HomeMy WebLinkAboutMinutes 02-18-2014 APPROVED 3/18/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 18, 2014 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 18, 2014 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and 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. 1. Additions or Changes to the Agenda Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following items at the Commissioners' places. - White sheet - Hand out from the Dispute Settlement Center - Lavender sheets - Commissioner Price' s comments - Item 5-a - Unified Development Ordinance Text Amendment Related to Home Occupations — Public Hearing Closure and Action - White, blue and peach sheets — Item 6-g - Commemorative Plaque Policy -Yellow sheet—Item 7-c- Background information on Approval of Contract to Purchase Real Property—Triangle Land Conservancy PUBLIC CHARGE The Chair dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda Frances Henderson from the Dispute Settlement Center reviewed the handout at the Commissioners' places. She expressed thanks to the Board of County Commissioners for their support and gave an update on the mediation programs. She said County support means that citizens in criminal district court have access to mediation without charge, and divorcing couples have access to mediation on a sliding scale fee basis through the Dispute Settlement Center. She said Orange County is the only county in North Carolina to provide this access. She said nearly 300 people have used this County funded service in the first 6 months of this year, and there has been an 88 percent resolution rate in the cases that used mediation. She said the center is working on mediation for multi-party civil harassment cases, and mediators are also being made available to work with magistrates on small claims cases. She said the center is also collaborating with the Bar Association on a presentation to be used around the state in explaining mediation to people going through the criminal district court system. She hopes this will increase the use of mediation as an excellent option for dispute resolution. b. Matters on the Printed Agenda 3. Petitions by Board Members Commissioner Gordon read the following petition to the Board: The Town of Chapel Hill is in the process of developing plans for targeted areas of town, including Ephesus Church/Fordham Boulevard area, Glen Lennox area, and Obey Creek. These plans are all proposing significant numbers of new housing units, and some of them include new approaches to land use planning and zoning, such as form-based zoning. They also may use development agreements. Please provide the Commissioners with a report which describes how the planning and zoning methods used for these developments work, and whether and how they are different from the methods used currently by the Town. Also, please describe whether and how the proposed developments (whatever planning and zoning methods are used) will comply with the Schools Adequate Public Facilities Ordinance (SAPFO) and how many new housing units are being proposed in each of the targeted areas of town. Commissioner Dorosin petitioned his fellow colleagues on the Board and noted that one of their OWASA representatives' terms is ending in June. He said the current board is all white, and he encouraged the Commissioners to try and find a pool of diverse candidates. Chair Jacobs requested a report on the status of cable services and Time Warner Cable in Orange County. Chair Jacobs said he would like to see a Small Business Loan Pool Report. Chair Jacobs said there have been some differences in outlook on the projected population for Orange County when looking at the County's land use projections versus other entities' projections. He would like staff to come up with a number. 4. Proclamations/ Resolutions/ Special Presentations a. Presentation by Phillips Middle School Trash Terminators 2.0 and Recognition Resolution The Board received a presentation by the Phillips Middle School Trash Terminators 2.0 on recycling and composting initiatives and considered a resolution recognizing the Trash Terminators for their accomplishments and authorizing the Chair to sign. Commissioner Rich introduced Trash Terminators 2.0 and said the group has recently made several presentations to other governmental entities. The group presented the following PowerPoint presentation: Presentation to Orange County Commissioners by Trash Terminators 2.0 • This was Trash Terminators 1.0 • Rohan Deshpande, Helen Jiang, Joshua Zhou • Won "Siemen's We Can Change the World" National Challenge (Pie chart) • We are the `Trash Terminators 2.0' • Our team: Vincent Chen, Rohan Deshpande, Elizabeth Farmer, Quentin Sieredzki and Graeme Zimmermann. Why Did We Start Composting? - Chapel Hill landfill closed on July 1 st 2013 - Trash is transported to a new location 100 + miles away - Adding cost and creating more pollution - Using a carbon footprint calculator: - Every ton of trash which our city will generate and ship to the new landfill, we will be releasing 57 pounds CO2 and spending $55 - Since 55% of our cafeteria trash is compostable waste - By composting in our cafeteria we: - Reduce greenhouse gases - Reduce emissions of methane gas which is caused by food in the landfill - Reduce the amount of money our county pays to ship the trash to the landfill How We Sort in the Cafeteria • We set up composting bins in our school cafeteria • Students dump all their compostable food items which include: — Food waste (fruits, uneaten food including meat and dairy) — Food trays (we switched from Styrofoam to compostable food trays) — Napkins • We contracted with Brooks Contractors who collect our food waste twice a week — We could not compost on school premises because of health issues • It could attract animals and generate bad smells — Commercial composting like Brooks allows meats and dairy to be composted • We dump all the liquids into a container which eventually goes in the sink — Reduces unnecessary weight in the trash • We recycle: — Cans, bottles, milk and juice cartons, and aluminum foil • Our goal is to send only pure trash to the new landfill — Reducing carbon emissions and cost — We will have less trash pickup rotations • This will give our school additional savings In the Cafeteria What we did: • We involved the whole school — Thanks to the teachers who showed our introductory video about composting — We made posters to hang around school and in the cafeteria explaining what composting is and what goes in compost In the lunchroom: — We had parent and student volunteers to help students with composting during lunch • We started a "Giving Table" where we keep all the uneaten and unopened food — The guidance office redistributes this food to families on meal-plans — Students and staff are most welcome to take food from this table • We are setting up worm bins in each science class to show how vermiculture works — This will enable all the students to understand the science behind composting — We can use our own compost for new gardens — Thanks to Muriel Willaman from Orange County Solid Waste Department for demonstrating worm composting to us • We send updates about our results and plans via our school newsletter "Falcon Flash" Results • At Phillips Middle School (Excellent Results!!) — We diverted over 80% of the trash going to the landfill by recycling and composting — We will divert 20482.2 Ibs of trash over 180 days of school at Phillips — We will avoid 573.8 Ibs of co2 going in our atmosphere — We will save $550 in a school year on gas (by not shipping this to landfill) — If all 4 Middle schools will replicate this initiative we will divert more than 41 tons of trash over the entire school year! (Pie Chart) Our Steps • Our first step was to visit Brooks Composting Facility — To learn more about commercial composting & understand how they compost in large quantities — They showed us the benefits of compost and how it is widely used — Thanks to Amy Brooks for the awesome tour • We could not do backyard composting on school premises and so we decided to get a quote for school composting from Brooks Contractors — They provided us with 16 composting carts (we have more than 700 students) — They promised that they will come twice a week for pickup — They agreed to wash the carts every time they come for a pickup (avoid bad smell) • We then approached school officials for permission — Thanks to Mr. LoFrese (assistant superintendent) for approving our composting bin — Thanks to Principal J. Enns for allowing us to start this initiative at our school • We brought custodian staff and cafeteria staff on board — Installed a bucket for liquids, one bin for recycling, one for trash and one for composting in the school cafeteria (in that order) — They are a big help and without them we cannot achieve this big task In The Community • Community Outreach: — We set up a booth at the Chapel Hill Public Library explaining about worm composting, backyard composting and our results at school — We had booths at Walk for Education event (all of the 19 Chapel Hill and Carrboro schools participated in the walk) — We made videos about worm & backyard composting and posted it on our website. — We created an online community survey • To educate our community and raise the greater awareness — We worked with Orange County Solid Waste department at FestiFall (Art and Music festival on UNC campus) to help them sort compostables, recyclables and trash at the festival • We were interviewed by two newspapers — Chapel Hill News and the Daily Tarheel — These articles informed the community about our project and raised awareness about the need to reduce our trash — Increase interest in composting and recycling More Community Outreach Senator Foushee and (Former) Senator Kinnaird visited our school cafeteria • We presented to the CHCCS Sustainability Director, Mr. Dan Schnitzer - He agreed to help us on our Project - All district schools will compost in the cafeteria by the end of this year Holiday Composting: Our winter initiative was to encourage people to compost over the holidays • Whole Foods kindly donated compostable trash bags to us • We then redistributed them to teachers at our school - These bags can be dropped in our school compost trolleys Social Media: • We made several social media pages: - Our website: https:Hsites.google.com/site/phillipscompostingteam/ - Facebook:https://www.facebook.com/pages/Phillips-Compost- Team/451961391598434?ref=hl - Twitter: https:HTwitter.com/phiIIipscompost - Instagram: http://instagram.com/phiIIipscompostteam • We made an infomercial which will air on TV - It will air on Time Warner Cable for one month in Chapel Hill Durham region • We presented to Chapel Hill Mayor and Council Members • We presented to the Carrboro Mayor and Board of Aldermen Composting Photos Our educative videos of backyard composting and worm composting are at https:Hsites.google.com/site/phillipscompostingteam/videos We conducted community survey online https:Hsites.google.com/site/phillipscompostingteam/survey Survey Results (225+ Responses) Graphic— Pie Chart Municipal Composting • According to our results, citizens overwhelmingly wanted municipal composting — these results were collected from our survey • Municipal Composting can be done in two ways: — Drop off spot and curbside • We could do Dry Runs for both of these techniques — This would inform us which way would work better • Chapel Hill and Carrboro are both green cities — If the community started Municipal Composting, we would be the first in the state — This would be a huge accomplishment • Some cities have already started this in other states — However, these are large cities — They include: • Seattle, WA • Portland, OR • San Francisco, CA — We would be one of the first smaller cities to do this Commissioner Rich asked them to speak about last year's award and the award for this year. Rohan Deshpande said the team participated in the Siemens "We Can Change the World" National challenge and won 1St place in the nation. He said the team has passed the regional level for this year and is working toward the national project. Commissioner Rich read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING PHILLIPS MIDDLE SCHOOL TRASH TERMINATORS WHEREAS, the Trash Terminators, Rohan Deshpande, Helen Jiang and Joshua Zhou, organized to eliminate recyclables and compostable trash, thus reducing the amount of trash transported to the landfill; and WHEREAS, the pilot program "Carton Recycling and Tip Your Liquids" started with Phillips Middle School by reducing food and beverage waste as well as redirecting recyclable items; and WHEREAS, Siemens "We Can Change The World Challenge" selected the Phillips Middle School Trash Terminators as First Place winners nationally; and WHEREAS, in continuing a vision of a zero-waste school, Trash Terminators Version 2.0, Elizabeth Farmer, Quentin Sieredzki, Rohan Deshpande, Graeme Zimmermann and Vincent Chen, have increased student awareness and as a result, increased participation; and WHEREAS, the team has provided community outreach on the importance of composting and recycling at public events and via social media, and is working to expand the pilot program to cover additional schools; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby recognize the Phillips Middle School Trash Terminators version 1.0 and version 2.0 for their outstanding work in recycling, composting and protecting the environment for all of Orange County. This, the eighteenth day of February 2014. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to approve a resolution recognizing the Trash Terminators for their accomplishments and authorize the Chair to sign. VOTE: UNANIMOUS Chair Jacobs said he and Commissioner Pelissier met with Green Stream, which had a goal of composting 20,000 tons per year. b. OWASA Annual Update Presentation The Board received a presentation and information from the Orange Water and Sewer Authority (OWASA) on recent activities. Alan Rimer, Chair of the OWASA Board, gave an overview of OWASA and its relationship to Orange County and the Board of County Commissioners. He said they will be seeking their 5 million gallons/per day Jordan Lake water supply allocation a little later this year. He said the state has announced a new schedule for the round 4 allocation. He said the Jordan Lake allocation is an insurance policy for severe droughts or operational emergencies. He said OWASA tested the interconnections between Cary, Durham and Chapel Hill this past year to see if 7 million gallons of water could be safely transported in the event of a supply going out. He said this was done without any hydraulic problems, and it did work. He said OWASA continues to collaborate with Orange County staff and others. He said work is being done with the Jordan Lake Partnership group to look at a cost effective way to get water from the lake to Durham. Alan Rimer said a copy of the 50 year long range water plan had been provided to the Board. He said the goal is to re-visit what was done 8 or 10 years ago and examine where things are with all of the water supplies, including Cane Creek, University Lake and the Quarry. He said this is being done to make sure that there is an understanding of where water will come from 50 years in the future. He said OWASA has asked the towns to work on a consistent method of population projections based on zoning classifications, in order to provide a clearer picture of where the region is headed. He said a copy of their strategic plan was provided to the public in January. He said public comments will also be solicited at the board meeting in February. He encouraged the Board to submit comments as well, so that those can be entered into the plan. He said the goal is to get this plan voted into place so that it guides the board over the next 3-5 years on those things that are important. Alan Rimer said OWASA has continued to provide technical information to all entities involved in the work being done to provide water and sewer services to the Rogers Road neighborhood. He said OWASA is doing forest management activities in the 490 acre Cane Creek Mitigation tract, which is federally mandated. He said the original plan was to do selective foresting in December, but this has been postponed due to inclement weather. He said constituents have been notified that this will be underway in the spring. He said the remaining lands owned in Orange County are being considered for a possible forest management plan, and this is listed as item 7 in the strategic plan. Alan Rimer introduced Ed Kerwin and Teri Buckner. Commissioner Pelissier asked Alan Rimer where OWASA stands with land preservation. Alan Rimer said this is being considered under their proposed strategic plan. He said OWASA is looking at the lands they currently own and considering utilizing these lands in conservation easements. He said these lands could be sold with long lasting conservation easements in hopes that people who purchase them will get the tax credits, while the land is forever managed by one of the conservation trusts. Commissioner Rich asked about the mutual aid agreement. She asked how these agreements are being modified, and when this is estimated to be completed. Alan Rimer said part of this will come once the Jordan Lake allocations are set and it is known that the state will grant the requested 5 million gallons. He said there is no way to know what the state will do with those allocations, and it is hard to make decisions until that is known. Commissioner Rich asked if everyone seems to want to keep communication lines open with each other as far as these governmental entities are concerned. Alan Rimer said yes. He said this is certainly a partnership between the communities on the western side of the lake, and Cary is an equal partner as well. Chair Jacobs asked if OWASA has been able to address the cost difference issues through its rate structure. Alan Rimer said one of the things in the strategic plan is consideration of the potential for electronic metering. He said this allows you to look at billing incrementally, instead of the current structure of charging on a thousand gallons. He said, from a billing perspective and for homeowners with different needs, this will be a much better system. He said his experience is that electronic metering has changed the way water rates are structured. He said he has never heard of a water rate that is structured on house size, but he feels the incremental system is a good idea. Commissioner Dorosin referred to the Taste of Hope programs and said he is interested in knowing whether they can explore a sliding fee scale to provide cost reduction for customers in need. He said if there is a policy that prevents this, he would like to know what can be done to change that. Alan Rimer said Taste of Hope has simply never taken off. He said Teri Buckner has asked about looking at alternative ways to boost this program. Terri Buckner, Orange County Representative on OWASA, said everyone has to be charged the same rate, because this was a condition of the sale when UNC sold the utility to OWASA. She said this is part of the operational framework, and changing it would mean changing everything. Commissioner Dorosin asked if this agreement can be re-visited. Terri Buckner said if someone came and asked, it could be revisited. Commissioner Dorosin said he will come on the 27th and ask the board to consider changing the agreement to help those in need. Terri Buckner said now that the tiered rate structure has been adopted, the round up system for Taste of Hope does not go as high. She said the goal is now to look at a sliding scale for the Taste of Hope program. Commissioner Dorosin said the Board has been talking about poverty, and the cost of utilities is part of the challenge of addressing this. Terri Buckner said the real need is in the multi-family housing. She said this has group metering and the owner divides the cost, which puts it beyond OWASA's call. c. Resolution Acknowledging February 25, 2014 as Spay Neuter Day in Orange County The Board considered a resolution declaring February 25, 2014 as "Spay Neuter Day" in Orange County and authorizing the Chair to sign. Bob Marotto, Director of Animal Services and Michelle Walker, Chair of ASAB asked the Board to consider a resolution acknowledging February 25, 2014 as "Spay Neuter Day" in Orange County. He said the issue of pet overpopulation is a priority for Animal Services and work has been done to develop a strong proactive and effective spay neuter program. He said the outcome has been the spaying and neutering of 417 cats and dogs in Orange County in 2013. He said this program serves the community as a whole and the community in need. He noted that number of animals admitted each year to the Animal Services Center has declined over the past 9 years from 4,500 to a historic low of 3,207. Michelle Walker read the following resolution: RES-2014-010 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS SPAY NEUTER DAY RESOLUTION WHEREAS, cats and dogs provide companionship to and share the homes of thousands of individuals in Orange County; and WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds of thousands of dollars annually through animal control and sheltering programs aimed at coping with unwanted and homeless cats and dogs; and WHEREAS, humane societies and shelters throughout the country have to euthanize approximately four million cats and dogs each year, although many of them are healthy and adoptable, due to the lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the Animal Services Advisory Board and the Animal Services Department have made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A Strategic Plan for Orange County; and WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been shown to drastically reduce overpopulation; and WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social Services to offer "low cost" and "no cost" spay and neuter services for pets of qualifying Orange County residents; and WHEREAS, veterinarians, animal care and control organizations, animal welfare organizations, and private individuals have joined together again this year to advocate and support the spaying and neutering of companion animals on "Spay Neuter Day 2014"; NOW THEREFORE BE IT RESOLVED by Orange County that February 25, 2014 is declared "Spay Neuter Day", and the Board of County Commissioners calls upon the people of the County to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. THIS THE 18th OF FEBRUARY, 2014. Commissioner McKee arrived 7:53 pm. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve a resolution declaring February 25, 2014 as "Spay Neuter Day" in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS 5. Public Hearings a. Unified Development Ordinance Text Amendment Related to Home Occupations — Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board recommendation, considered closing the public hearing, and considered a decision on a Planning Board and Planning Director initiated text amendment to the Unified Development Ordinance (UDO). Ashley Moncado said the purpose is to receive the Planning Board's recommendation. She said this was heard in November, and all comments were addressed with modification (noted with green text). She said these text amendments would not take effect until May 1 st of 2014, to provide an opportunity for planning staff outreach to Orange County residents regarding the reviewing and permitting of home occupations based on the revised standards. Commissioner Price referred to the phrase about "suitable residential construction materials." She asked if it is reasonable to put this in, considering what the state has said about local municipalities and counties being able to regulate appearances. Ashley Moncado said there are no official standard changes based on official statute. She said this is just discussion at this time, but it is on their radar and would need to be addressed if those changes take place at the state level. Chair Jacobs asked if it could be assumed that existing structures would be treated differently than new structures. Ashley Moncado said those would be grandfathered in. Chair Jacobs said there had been discussion of defining non-profits as 501-c-3. He asked if this was included. Ashley Moncado said this was revised and it is included on page 18. She said this was not highlighted in green, but it has been included in the amendments. Michael Harvey addressed Chair Jacobs earlier question. He said the non-conforming section of the UDO says that any land use legally permitted, made non-conforming by text amendment, can continue in its approved state until such time as its use is expanded. He said if the home occupation is expanded above a certain percentage, the occupant will then have to be in compliance with the code. Commissioner Gordon referred to past discussions of the uses not permitted. She noted that these uses are no longer prohibited. She asked for the original reason for exclusion and the balancing provisions that then made them acceptable. Ashley Moncado that these were always in the UDO as uses not permitted and this was not a topic until the eleventh hour. She said there was then discussion to allow these uses; and the planning board was willing to allow them, but there were limits put in place to prevent them from being an intrusion to neighbors. Commissioner Gordon asked how these changes are different for major home occupations versus minor home occupations. Ashley Moncado said this means less employees, less clients, smaller accessory structures, lower traffic counts and less dwelling use for the minor home occupations. She said the major home occupations would allow for more in each of these areas. Commissioner Gordon asked about the differences in outside storage structures. Ashley Moncado said this has remained the same, at 500 square feet for major and minor. She said the traffic counts are not to exceed 20 for minor home occupations and 50 for major home occupations. Commissioner Gordon asked about delivery trucks. Ashley Moncado said these are not counted, and there is no limit. Commissioner Price asked for the rationale of 80 feet as a setback amount. She asked if it was possible to go down to 60 feet. Ashley Moncado said 80 feet was the minimum setback for those zoning districts. She said the least amount would be 40 feet and the concern was doubling this to keep that protective buffer. Commissioner Price said she is concerned that this is making life more difficult for those wanting to start a home business. Ashley Moncado said 40 feet is the setback for the accessory structure, but the 80 feet is the setback to be exempt from screening requirements. Commissioner Price asked if this requirement can be lessened. Ashley Moncado said there is always the option for a variance if a hardship can be identified. Commissioner Price said she was wondering if it could be lessened in the UDO, before the need for a variance. Ashley Moncado said this could be done. Commissioner Pelissier said she does not understand why vegetation is required around accessory structures when the accessory structure is already required to be built of materials similar to a residence. She said this seems to mean that it must be shielded just because it is used as a business, even if it looks like a house. Ashley Moncado said this was meant to reduce the visual impact of introducing a secondary usage on to a piece of property. She said this may also reduce noise impacts. Commissioner Rich noted that the planning board passed the recommendation 7-1. She asked if the person who voted against it had a strong objection to anything in particular. Ashley Moncado said this person had concerns regarding the application fee, enforcement, and the standards limiting economic development in Orange County. Commissioner Gordon said there is a balance between allowing expansion in home occupations and maintaining the existing residential character of the area. She said some businesses could create noises and other impacts, and the required setbacks are not that large. She said the balance is between allowing some non-residential use without disturbing the people already there. She said she is concerned about the noise and other impacts of some of the construction businesses. Commissioner McKee said he agreed with Commissioner Gordon because it is a balancing act. He noted that the 40 foot setback is the size of the current meeting room. He said the goal is to improve the availability of the activity without throwing out all the rules. Commissioner Price said if you consider some of the benign businesses that are located in offices made of the same material as your house, she does not understand why the expense of a fence or shield plants is necessary. She is thinking of the residents in clustered areas or cul-de-sacs that don't allow a lot of room. She said many of the businesses will make less noise than the kids in the neighborhood. She feels a lot of hardship is being put on these businesses by requiring the screens. A motion was made by Commissioner Price, seconded by Commissioner McKee to close the public hearing. VOTE: UNANIMOUS Commissioner Dorosin said the more traditional zoning distinguishes between types of uses. He suggested that this ordinance might also have more specifically tailored home occupations and would account for variances in impact, such as less noise, or less light. He said the home occupation could be matched with the requirements. Commissioner Rich agreed with this. She said it is important to know what a business is before applying standards like sheltering. Perdita Holtz said the Planning Department is trying to make the standards fit for all different types of home occupation uses. She said historically, zoning ordinances in municipalities just lump home occupations into one category. She said Orange County is actually being very progressive by having the major and minor distinctions, and these standards are being liberalized by these proposed amendments. She said it is possible to look at different things and come back, but this will be a trade off. Michael Talbert said since there are a lot of comments on this by the Board, it may be best to send this back to the planning board with the Board of County Commissioners' comments. A motion was made by Commissioner Gordon, seconded by Commissioner Price to refer this back to the planning board to review BOCC comments. Commissioner Dorosin said it is important, when these home occupations are a source of neighborhood controversy, it is to the County's advantage to make the process very clear. Commissioner Gordon said she would like for the planning board to think about adding standards for traffic impacts. She said the building trades have the potential to have large impacts, and she would like for this to be addressed. VOTE: UNANIMOUS b. Safe Routes to School (SRTS) Strategic Action Plan — Continuation of Public Hearing to April 15, 2014 The Board continued the public hearing on the Safe Routes to School (SRTS) Strategic Action Plan required for implementing a Safe Routes to School program in Orange County to April 15, 2014. Abigaile Pittman said they would like to extend the public hearing in order to receive more comments. A motion was made by Commissioner Dorosin, seconded by Commissioner Pelissier to open the public hearing, and continue the hearing by adjourning it to April 15, 2014. VOTE: UNANIMOUS 6. Consent Agenda Removal of Any Items from Consent Agenda - Item 6-g was removed for discussion • Approval of Remaining Consent Agenda A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda - 6-g. Commemorative Plaque Policy The Board considered the adoption of the recommended commemorative plaque policy for County facilities Jeff Thompson showed the Board four pictures of simulated plaques. He said he chose a facility built in the past in order to show plaques with past and present seated Board of County Commissioners, as well as the manager, at approval and completion. He noted the second example replaces the newly approved logo with the County seal. He noted the third and fourth examples list only those Commissioners serving at the time of completion. Commissioner Gordon gave a hand out to the Commissioners. She said she had taken the plaque outside the door of the meeting facility they were meeting in tonight and revised it to show what would be included on a plaque if the Board adopted what she has proposed in the policy. She suggested the Board should decide what they want included on the plaques and then ask staff to come back with a design. She suggested that the design issues should not be decided tonight. She reviewed the following email, which described a proposed revision to the policy. The Board discussed the policy, including an additional question with regard to potential changes to section 2.a.i. All, Here is a proposed revision to the Commemorative Plaque Policy that I am suggesting for consideration tonight. I did discuss the changes with the Manager to make sure they were technically correct. The changes from the version in the agenda packet include the following: In section 2-a-ii - To the list of characteristics included on the plaque are added the date and the names of any former Commissioners in office at the time the project was approved. Deleted is the reference to unveiling, since staff said that was acceptable. In sections 2-b-ii and 2-c-ii, it is indicated that the size would be approximately 24" x 24" or larger (if appropriate). Alice Gordon Given below is the revised commemorative plaque policy, with the changes approved by the Board. These changes include the revisions proposed by Commissioner Gordon, and also a change which specifies the use of the County seal instead of the Board approved County logo. ORANGE COUNTY POLICY FOR CRAFTING AND INSTALLING COMMEMORATIVE PLAQUES FOR COUNTY OWNED BUILDINGS AND FACILITIES The following policy (and related procedures) shall apply to the crafting and installation of commemorative plaques honoring County owned facilities. 1. Facility is defined as: a. a newly constructed County owned building, park facility, or recreation facility as outlined in the County Capital Investment Plan; or b. a major renovation to an existing Facility in excess of$1,000,000 in capital project funds appropriated by the Board of County Commissioners. 2. The following commemorative plaque characteristics shall be required: a. General characteristics for all commemorative plaques: i. The County seal shall be placed at the top of each inscription. ii. The plaque will include 1) the name of the project and the date; 2) the names of the members of the Board of County Commissioners (BOCC) seated at the time of the completion of the project, plus the names of any former Commissioners in office at the time the project was approved; 3) the elected Chair and Vice-Chair designations for the BOCC seated at the time of the completion of the project; and 4) the County Manager at the time of the completion of the project; 5) the Designer of Record for the project; and 6) the General Contractor for the project. iii. The Board appropriated funds within the Capital Investment Plan will cover the cost of the commemorative plaque for that facility. b. For County buildings and qualifying building renovations: i. The commemorative plaque shall be constructed of durable anodized aluminum with a bronze finish; ii. Sized approximately 24" x 24", or larger if appropriate; iii. Mounted upon an interior surface away from the effects of weather; c. For County parks and recreation facilities i. The commemorative plaque shall be constructed of durable wood, metal, or stone material; ii. Sized approximately 24" x 24", or larger, dependent upon the overall facility design; iii. Mounted upon an exterior surface in the manner of an all-weather ground, sign, or structure mounted design. 3. Additional commemorative item design and construction for any County owned facility (such as a time capsule or other archival element) shall be directed at the discretion of the Board of County Commissioners. A motion was made by Commissioner Gordon, seconded by Commissioner Price to approve her substitute commemorative plaque policy, as stated on the peach sheet. Commissioner McKee made a friendly amendment to propose using the county seal instead of the county logo and Commissioner Gordon accepted. VOTE: 6-1 (Commissioner Rich) a. Minutes The Board approved the minutes from November 25 and December 10, 2013 as submitted by the Clerk to the Board. b. Fiscal Year 2013-14 Budget Amendment#5 The Board approved budget and capital project ordinance amendments for fiscal year 2013-14 for the Department on the Environment, Agriculture, Parks and Recreation; Department of Social Services; and Department on Aging. c. Fiscal Year 2013-14 Budget Amendment#5-A— Plan for Use of Enhanced Medicaid Administration Funds The Board approved the plan from the Department of Social Services (DSS) to utilize enhanced reimbursements for Medicaid administration for Fiscal Year 2013-2014, including consideration of Budget Amendment#5-A and a request for time-limited staff, additional technology/computer equipment, staff overtime and building changes. d. Approval of Expanded Cane Creek Fire Insurance District Map The Board approved the Cane Creek Fire Insurance District Map which has been expanded to include properties within six (6) road miles of Orange Grove Volunteer Fire Company Station 3. e. Southern Library Site Selection Due Diligence Process Update — Butler Property Due Diligence Agreement The Board considered the Due Diligence Authorization Agreement between Orange County and Main Street Properties of Chapel Hill, LLC; and authorized the Chair to sign pending final approval by the County Attorney. f. Changes in BOCC Regular Meeting Schedule for 2014 The Board approved the following two changes in the County Commissioners' regular meeting calendar for 2014: - Changing the official meeting start time of the BOCC's March 18, 2014 regular meeting from 7:00 pm to 6:00 pm at the same location at the Southern Human Services Center in Chapel Hill, NC. - Changing the official meeting start time of the BOCC's April 1, 2014 regular meeting from 7:00 pm to 6:00 pm, at the same location at the DSS Offices, Hillsborough Commons, Hillsborough. h. Award of Weekly Urban Curbside Recycling Service Agreement The Board awarded a service agreement to Waste Industries, LLC for the provision of weekly curbside recycling services within the Towns of Carrboro, Chapel Hill and Hillsborough to be managed by Orange County Solid Waste Management and authorized the Chair to sign. 7. Regular Agenda a. Approval of Operations Agreement for the Rogers Road Community Center The Board considered approving the Operations Agreement with Rogers Eubanks Neighborhood Association (RENA) for the day to day operations of the Rogers Road Community Center provided in Attachment 2 and authorizing the Chair to execute the Agreement. Michael Talbert said things are moving forward toward construction, however the bids came in over budget and there has been an effort to re-design the facility to more realistic specifications. He said the final draft of the operations agreement is up for approval and the expectation is that this project will be brought back for Board of County Commissioners approval later this spring. He reviewed the attachments in their agenda packets. Michael Talbert said the Operations Agreement between Orange County and the Rogers Eubanks Neighborhood Association ("RENA") was approved by RENA on August 11, 2013. The RENA Board also voted to approve the RENA Business Plan (Attachment 3 in packet) for the operation of the Neighborhood Community Center. Highlights of the Operations Agreement are as follows: • Original term of the Agreement is 5 years, with renewal of for up to four (4) additional five (5) year terms • Provide a full schedule and updates, as they become available, of all activities and programs at the Center • RENA will operate and staff the Center Monday through Friday 10:00 a.m. to 7:00 p.m. and Saturday from 10:00 a.m. to 6:00 p.m. • RENA shall maintain the Center facilities in a clean and orderly state • The Center shall be used for the operation of a community and recreation center open to the general public and all other uses reasonably related thereto • RENA may charge fees for programs and services at or involving the Center. Any such fees shall not exceed the cost of providing such programs and services • RENA will enforce County policies • RENA and County agree to hold annual evaluation review meetings to assess the success and direction of the operation of the Center Michael Talbert said there was one difference discovered today between the operating plan of RENA and the agreement. He said RENA plans to allow classes, and these will be provided by private contractors, such as the Orange County Literacy Council, which will provide ESL classes. He said this is slightly outside of their scope of business, but the classes will be scheduled periodically. He said RENA is happy with the normal daily hours, and the outside agencies that use the facility for educational purposes will schedule it through the County's web page. Commissioner Gordon asked for the location of the changes in the agreement. Michael Talbert said these can be found on page 6 of the business plan or on page 24 of the abstract. He said the operating hours are on page 3 of attachment 1. Commissioner Gordon asked if these hours would be changed. Michael Talbert said the agreement will stay as is, and when outside agencies come in to do classes, they will reserve it through the County. Commissioner Gordon said her impression was that the Board was just approving the agreement, and not the business plan or lease agreement. Michael Talbert said that is correct and the other information is just background information. Commissioner Price left at 8:39. PUBLIC COMMENT: Reverend Robert Campbell said he encourages the Board to move forward with this plan tonight. He said there is an opportunity here to do something for an underserved community. He said, with the diversity in this community, this is an opportunity to continue to bring different cultures together and mold future leaders. He said this will reach outside the borders of this community. Pam Hemminger said she would like to encourage the Board to continue moving this process forward. She said this has been a lengthy process, and there are a number of reasons for this; but the community it not seeing anything happening, because there is nothing on the ground. She said this will be a wonderful community asset, and there will be bumps, but they can be worked out. She said the County made a commitment to move forward with this project and she asked them to please do so. She is not sure what the towns will do, but she said the County needs to move forward on their commitment and get this built. . Commissioner McKee said this is an example of neighborhood folks helping themselves, and there is no reason not to have this agreement in place to allow for operations planning. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve the Operations Agreement with Rogers Eubanks Neighborhood Association (RENA) for the day to day operations of the Rogers Road Community Center provided at Attachment 2 and authorize the Chair to execute the Agreement. VOTE: UNANIMOUS Commissioner Dorosin asked if the Habitat lease has been signed. John Roberts said yes, and he asked for confirmation from the County manager. Michael Talbert said it has been signed. b. Whitted Permanent Meeting Room Update The Board received an update on the bid award for the Whitted Permanent Meeting Room; and considered authorizing the County Manager to execute change orders for the project up to the project budget. Jeff Thompson reviewed the background information from the abstract. He said nine firms had submitted bids in December, and Lomax Construction was awarded the bid. He said Lomax is slightly ahead of schedule, even with the weather. He said this is a 120 day contract, pending good weather. He said this may get the Commissioners in by the time of the last meeting in June. Commissioner Dorosin said the tabulation sheet in the presentation denotes that the awarded bid was from Greensboro, and he would like to know where the rest of the bidders came from. He asked if the bidding process could include a preference for local contractors. John Roberts said this cannot be done. He said there is no statutory authority to do this, and the award has to be to the lowest responsible, responsive bidder. A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to: 1) Receive an update on the bid award for the Whitted Permanent Meeting Room; and 2) Authorize the County Manager to execute change orders for the project up to the project budget. VOTE: UNANIMOUS c. Approval of Contract to Purchase Real Property— Triangle Land Conservancy The Board considered approval of a contract to purchase 2.6 acres at 686 Erwin Road from Triangle Land Conservancy (TLC) for the future Hollow Rock Access Area and New Hope Preserve and authorizing the Chair to sign, subject to final review by staff and County Attorney. Rich Shaw reviewed the following background information from the abstract: In 1992, Orange County, Chapel Hill, Durham County and the City of Durham adopted the New Hope Corridor Master Plan, which called for preservation of lands along the New Hope Creek corridor, from central Orange County to Jordan Lake. The master plan envisioned a public trail network with a number of"access areas" at strategic locations, including the Hollow Rock Access Area at the intersection of Erwin Road and Pickett Road. The planned Hollow Rock Access Area is a 75-acre site comprised of multiple land parcels owned separately by Orange County, Durham County, the Town of Chapel Hill and the Triangle Land Conservancy. The site straddles the Orange-Durham county line and New Hope Creek flows from north to south along the western boundary. The site was acquired in a series of separate land transactions from 2001 through 2008. The Triangle Land Conservancy (TLC) purchased the first two acres in 2002, and then advocated for further acquisitions by local government partners. Orange County purchased four parcels from different entities from 2005 through 2007 with the help of state grants made possible by TLC. The purchase of a 43-acre tract from Duke University by Durham and Orange counties and the Town of Chapel Hill was completed in 2008 with funding assistance from City of Durham, the State of North Carolina, and the Erwin Area Neighborhood Group (EANG). The State grants require that portions of the site be protected with permanent conservation easements. In 2006, the four local governments signed an interlocal agreement for the acquisition, planning and operation of the Hollow Rock Access Area, and also established a Hollow Rock Master Plan Committee, co-chaired by Commissioner Barry Jacobs and including Commissioner Alice Gordon. The Committee worked over an 18-month period to develop a master plan that was adopted by all four local government partners in 2009-10. Orange County adopted the plan on April 20, 2010. The Triangle Land Conservancy (TLC) has been involved in the project since its inception, but it is now ready to convey its portion of the property for an addition to the public recreation area. TLC has offered to sell its 2.6-acre parcel (686 Erwin Road) to the County for $66,013 plus transaction costs. TLC purchased the property in 2001 for $132,000 with help from a grant from the NC Clean Water Management Trust Fund. The current tax value is $211,915 ($144,846 land; $67,069 buildings). The proposed purchase price would be a "bargain sale". Rick Shaw said that grant funds were recently awarded by the state, to Durham County for the development of the Hollow Rock site. He said a new inter-local agreement between Orange and Durham Counties regarding development of the access area will come before the Board in another month or two. Rich Shaw said TLC has signed a contract with Orange County. He said if the Board approves this purchase, the anticipated closing date will occur at the end of April 2014. Chair Jacobs thanked Rich Shaw for the yellow handout and the summary. PUBLIC COMMENT: Chad Jemison, Executive Director of TLC, said he is new to this area, and he sees the Triangle growing rapidly. He said one thing that attracted him to coming to the TLC is that the organization recently adopted, in 2011, a strategy for moving forward. He said this is called the public benefits model. He said the 4 public benefits of this are: safeguarding clean drinking water; access to local food and protecting local farm communities; protecting important wildlife habitat and natural heritage areas; and connecting people to nature. He said the TLC is in the midst of the creation of a strategic plan to guide the organization for the next 6 or 7 years and there is a wonderful history of working on projects with Orange County. Chair Jacobs expressed appreciation for what the TLC does and their partnership with Orange County. Commissioner Gordon also thanked him for coming and said she was one of the Commissioners who worked on the design of the Hollow Rock access area. She appreciates this partnership. A motion was made by Commissioner Rich, seconded by Commissioner Gordon to: • Approve the purchase of approximately 2.6 acres of land located on Erwin Road from Triangle Land Conservancy; and • Authorize the Chair to sign the contract on behalf of the County, subject to final review by staff and County Attorney; and • Instruct the County Attorney and staffs from DEAPR (Department of Environment, Agriculture, Parks and Recreation) and Financial Services to schedule and complete a closing on the property expected to occur on or before April 30, 2014. VOTE: UNANIMOUS 8. Reports - None 9. County Manager's Report Michael Talbert said he wanted to inform the Board that the letters for the proposed solid waste service district have gone out. He clarified the fact that a press release had gone out with reference to the letter and links on their website to the map and the solid waste district report. 10. County Attorney's Report John Roberts informed the Board there would be an agenda item on the March 18th agenda asking the Board to approve submission of a local bill that would authorize the boards of commissioners of both Durham and Orange County to appoint a commissioner to the Durham Technical Community College Board of Trustees. He informed them a similar bill was passed in the last legislative session for Ashville/Buncombe Community College. 11. Appointments a. Adult Care Community Advisory Committee —Appointment The Board considered an appointment to the Adult Care Community Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to appoint Mr. James Bartow to the Adult Care Community Advisory Committee in position 11 (At- Large-Partial Term) with the term expiring 10/31/2014. VOTE: UNANIMOUS b. Animal Services Advisory Board —Appointments The Board considered appointments to the Animal Services Advisory Board. A motion was made by Commissioner Pelissier seconded by Commissioner Rich to: • Appoint to a first full term for Ms. Caroline Green in position 7 (At-Large) with an expiration date of 6/30/2016. • Appoint to a partial term for Mr. Marshall Gray in position 10 (Animal Advocate) with an expiration date of 6/30/2014 • Appoint to a first full term for Dr. Beth Grooms in position 12 (Certified Animal Handler/Trainer/Tech) with an expiration date of 6/30/2016. VOTE: UNANIMOUS 12. Board Comments Commissioner Dorosin- none Commissioner McKee said he appreciates the availability of information regarding the tax district on the website. Commissioner Rich thanked the Board for allowing Terminators 2 to come and make their presentation tonight. Commissioner Pelissier— none Commissioner Gordon gave a report on the Durham Chapel Hill Carrboro Metropolitan Planning Organization Transportation Advisory Committee Meeting (DCHC- MPO —TAC) meeting. She said the main topic was the prioritization 3.0 approval process. She said this is the approval process for development of the State Transportation Improvement Program. She said the submission of the MPO's Highway projects and Bicycle and Pedestrian projects was approved in January. She said the submission of rail and additional transit projects was approved at the February meeting. She said the MPO is also working with the division engineers to come up with other projects for submission. She said the TAC also endorsed the submission of an additional bike and pedestrian project on Mount Carmel Church Road, which is a statewide bicycle route She said the MPO Memorandum of Understanding is proceeding, but it is not finalized yet, as various jurisdictions had some questions. Commissioner Gordon said she had attended the memorial service and reception for former Durham County Commissioner Becky Heron. Chair Jacobs urged Board members and the public to attend the agricultural summit next Tuesday, February 25 at 8:30 at the Maple View Educational Center. 13. Information Items • February 4, 2014 BOCC Meeting Follow-up Actions List • BOCC Chair Letter Regarding Petitions from January 23, 2014 Regular Board Meeting • BOCC Chair Letter Regarding Petitions from February 4, 2014 Regular Board Meeting 14. Closed Session None 15. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Rich to adjourn the meeting at 9:10. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board