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HomeMy WebLinkAboutMinutes 02-04-2014 APPROVED 4/1/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING February 4, 2014 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 4, 2014 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, Penny Rich COUNTY COMMISSIONERS ABSENT: Mark Dorosin 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 Commissioner's places: - Orange Sheet - Item 4a - Orange County Arts Grant Recipients - Green Sheet - Item 61 - Proposed Revisions to the Legal Advertisement for Quarterly Public Hearing — February 24, 2014 -Yellow Sheet -Item 7a - Triangle Transit Update on Implementation of the Orange County Bus and Rail Investment Plan - White chart - Item 7-b-Scheduling Public Hearings — Proposed Unincorporated County Recycling Service District Chair Jacobs noted that Commissioner Dorosin would be unable to attend this meeting. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE 3. Petitions by Board Members Commissioner Price petitioned the Board to write a resolution to Saint Paul AME Church in honor of its 150th anniversary. 4. Proclamations/ Resolutions/ Special Presentations a. Orange County Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Fall 2013 Orange County Arts Grants. Commissioner Pelissier arrived at 7:09. Martha Shannon said the Arts Commission received 26 grant requests in 2013, totaling $31,357, and a total of$24,926 in County funds were awarded. Commissioner Rich said this is an exciting program, and she asked how people sign up to participate. Martha Shannon said Commission advertises in all medium and has grant information meetings. She said there are usually first time applicants in each cycle (twice a year). The Board presented checks to the following local artists and art organizations: Fall 2013 Arts Grant Recipients Orange County Arts Commission Recipients: Attendees: ArtsCenter - Tracy Thomas BUMP (Boston Urban Music Project): The Triangle — Kathryn Bradley & Georgiary Bledsoe Chapel Hill-Carrboro Public School Foundation - Lyria Boast Iris Thompson Chapman - Iris Thompson Chapman, Thomas Wetson and Steve Brantley Weber Door to Door of UNC Health Care - Joy Javits Extraordinary Ventures - Cyndi Whisnant Janice French - Janice French Friends of the Carrboro Branch Library - Nerys Levy Grady A. Brown Elementary School PTA - Tracy Thomas Rob Hamilton - Rob Hamilton Tinka Jordy - Tinka Jordy McDougle Elementary School PTA - Rachael Cruickshank Northside Elementary School PTA - Tiki Gwynne One Song Productions - Nell Ovitt & Rosie Kerwin Orange County Artists Guild - Emily Lees Phillips Middle School PTSA - Cristina Smith Preservation Chapel Hill - Tama Hochbaum (or Nerys Levy) Barbara Tyroler - Nerys Levy UNC Center for the Study of the American South - Libby Rodenbough Women's Voices Chorus - Sarah Zink b. Proclamation — Human Relations Month The Board considered officially proclaiming the month of February as "Human Relations Month" in Orange County and authorizing the Chair to sign the proclamation. HRC Co-Chair Rollin Russell thanked the Board of County Commissioners for all of their support, specifically their support and presence at the Human Relations Forum. Rollin Russell read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, the Orange County Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote the ideal of social justice for all; and WHEREAS, the Orange County Human Relations Commission has diligently served Orange County since 1995 and remains committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the Orange County Human Relations Commission enforces the County's Civil Rights Ordinance which specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the Orange County Human Relations Commission encourages Orange County residents, as individuals, to take a stand against social injustice and continue to work together to make freedom, justice, and equal opportunity available for all; and WHEREAS, Orange County is committed to preserving the progress made thus far towards equality and leading the challenge for equal opportunity using all the means at our disposal; NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby proclaim February 2014 as "HUMAN RELATIONS MONTH" in Orange County and challenge all residents to promote the ideology of social justice for all by celebrating and encouraging multiculturalism in the County and encouraging all residents to embrace diversity in Orange County. THIS THE 4t" DAY OF FEBRUARY, 2014. A motion was made by Commissioner Rich, seconded by Commissioner Price to proclaim the month of February as "Human Relations Month" in Orange County and authorizethe Chair to sign the proclamation. VOTE: UNANIMOUS 5. Public Hearings a. Orange County Consolidated Housing Plan Update The Board received comments from the public regarding the housing and non-housing needs to be included in the Annual Update of the 2010-2015 Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2014-2015 HOME funds. Tara Fikes reviewed the background information from the abstract. She said her department anticipates receiving the same amount in funding as last year ($333,418) for acquisition, rental assistance, new construction and housing rehabilitation. Commissioner Pelissier referred to the Plan to End Homelessness and asked if there are any items in this grant to encourage permanent housing. Tara Fikes said the housing department tries to make sure that the community knows that there is interest in creating more permanent housing. She said there is a real push for this during the preparation of the continuum of care application, and the hope is that this carries over. Commissioner Rich asked if there is anything additional or outside of the box being done that is not listed in the plan. Tara Fikes said she cannot think of anything at this point, but she will give this some thought. Chair Jacobs said the Senior Housing that was done with a private developer was a major investment of housing bond funds. PUBLIC COMMENT: Mary Jean Sada said she is the chief operating officer of CASA, an organization that develops and manages rental housing for mostly disabled and homeless citizens. She said one of their tenants, John, a veteran, lost his job and then his housing. She said he ended up camping in the woods for 4 years before an outreach worker found him and developed a relationship with him. The outreach worker was able to put him in touch with the VA and then with CASA. Mary Jean Sada said John now has his own apartment funded by the County Commissioners. She said having a safe secure place enables him to cook, clean, and make all of his appointments at the VA. She said John has expressed that the ability to only pay 30% of his income for rent allows him to even get a burger once in awhile. Mary Jean Sada said this is one example of the power of affordable housing, and she advocates for these funds to serve the County's most vulnerable populations. She said housing is one of the simplest solutions for homelessness. She advocated for funding for more affordable apartments and for rapid re-housing. She said the rapid re-housing is beneficial because it takes people out of the IFC shelter and places them in housing quicker, and it also provides a bridge for some people to prevent them from becoming homeless. She acknowledged Tara Fikes and her staff for their dedication and commitment to finding housing solutions in Orange County. Susan Levy, Executive Director for Habitat for Humanity, said Habitat has developed 11 creative partnerships in 2013 to build 11 new homes. She said the families who purchase these homes are hardworking members of the community. She said 9 of these homes were built in Phoenix Place, and 2 of the homes were built in the Fairview Community in Hillsborough. She said despite the bad weather so far this year there are 9 homes currently being built in Rush Hollow, 2 homes in Fairview and 7 homes in Phoenix Place. She said when all of the families are moved into Phoenix Place in late summer, there will be 115 children living in a safe secure environment in which to grow. She said, despite the foreclosure crisis, home ownership is still a good thing for families, and it has a long term positive impact on families and children. Susan Levy, said there has been an increase in demand for the home ownership program over the past 5 years, and there were 300 applications for the 50 homes in Phoenix Place. She said 120 of these applicants met the basic qualifications, which means that 70 qualified families were turned down. She said the majority of the applicants were living in overcrowded apartments and paying more than 30 percent of their income toward rent. She said the owners of Habitat for Humanity homes usually pay less than their prior rent. She said Habitat is also very engaged with the Brush for Kindness program, and 18 families were served in 2013. She said this program will continue to expand. She said Habitat will continue to ask for $250,000 in home funds to support building projects. Susan Levy said that Habitat for Humanity, HomeTrust and CASA are all members of a newly formed affordable housing coalition in Orange County. She said this coalition hopes to continue to work with local government to increase the range of local housing options. Commissioner Rich asked what happens to people who are turned down. Susan Levy said these residents are referred to other programs if possible, but there are not a lot of options. Robert Dowling, Executive Director of Community Home Trust, said this community is fortunate to have Habitat for Humanity and Casa. He said more funding is needed in Orange County, and it is unfortunate that each of these organizations is competing for the same few dollars. He said the Waterstone Development is now moving forward on their residential components, and there are plans to develop 24 affordable townhomes. He said this is expected to happen by the summer of 2014. He said this means an increase in the funding he is requesting, and he will be requesting $100,000 in subsidy. He said Community Home Trust has 220 homes in their inventory and 15 more under construction. He said a lot of these are condominiums, and these are starting to see turnover, which means subsidies are needed. He said this is because the income limits today are less than those of 2004, while taxes and housing costs have increased. He thanked the Board for their support of affordable housing in Orange County. Commissioner McKee asked if Community Home Trust could collaborate with Habitat for Humanity and CASA on the project in Waterstone. Robert Dowling said he would look into this. Chair Jacobs asked Tara Fikes if any section 8 housing forms are left here for the Department of Social Services. Tara Fikes said applications are not currently being accepted because the list is so long. Chair Jacobs asked if this list will be re-visited to see if the residents are still interested. Tara Fikes said this purge is being done now, and this will take about six months. 6. Consent Agenda Removal of Any Items from Consent Agenda Items 6-k and 6-1 were removed for discussion. 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 Discussion and Approval of the Items Removed from the Consent Agenda 6-k Authorization of a Deed of Trust by Orange Enterprises, Inc. The Board considered authorizing Orange Enterprises, Inc. (OE) to obtain a deed of trust in an amount of$250,000 and authorizing the Chair to sign. John Roberts said OE is requesting a second deed of trust on this property. He said if Orange County grants this authority OE will have additional operating funds. He said the business has a shortage of cash flow. John Roberts said another request came in that was an amendment to the agreement. He said this amendment changes the number in the 2005 contract which states that OE is prohibited from securing deeds of trust in excess of$715,000. He said tonight's approval would take that total up to $965,000, and OE is seeking to amend the agreement to allow deeds of trust up to $1 million. Chair Jacobs asked if John Roberts was comfortable with this. John Roberts said yes. Commissioner Gordon asked for the total worth. John Roberts said it is assessed for $1,091,519 million dollars. He said this matters to the County because if OE defaults, ownership will default to the County. Commissioner Gordon clarified that the assessed value is $1,091,519 and OE wants authorization for $1 million. John Roberts said this is correct. A motion was made by Commissioner Price, seconded by Commissioner Rich to authorize Orange Enterprises, Inc. (OE) to obtain a deed of trust in an amount of$250,000; to accept an amendment to the contract allowing Orange Enterprises, Inc to secure deeds of trust up to $1 million; and to authorize the Chair to sign. VOTE: UNANIMOUS 6-1 Legal Advertisement for Quarterly Public Hearing — February 24, 2014 The Board considered the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 24, 2014. Commissioner Price asked if it is possible to add links to the online application or to add contact numbers for staff. Perdita said there is a statement in the legal advertisement regarding a link to applications available on the County Website, as well as a phone number to call for more information. Commissioner Price said this is after the public information meetings and the advertisement will only run one time. Perdita Holtz said the public information meetings are being included in the legal advertisement. She said this exact same advertisement will run twice, even though the public information meeting will have occurred by the time the February 19th advertisement runs. Commissioner Price asked if the link will take people to the specific agenda item or just to the full agenda. Perdita Holtz said there are other items posted on the Planning Department's website where there are links in the advertisement. She gave examples of this and said there are only about 5 items on the short list. Commissioner Gordon asked if the Board can specify approval of the updated version that includes the changes outlined in the following memo from her: Questions and Comments - February 4, 2014 BOCC Meeting Agenda ITEM 6-1 - LEGAL AD FOR QUARTERLY PUBLIC HEARING Changes to Attachment 1 (hearing notice) are proposed to achieve greater clarity and transparency. A. Pages 7 & 8 - Hearing item #6 -Agricultural Support Enterprises outside of the Rural Buffer Page 7 - Last paragraph on the page -Add clarifying language, as follows: Right before the last sentence, add two sentences giving examples of the proposed uses, so that the last three sentences of the paragraph would now be: Examples of the most intensive uses include Agricultural Processing Facility, Farm Equipment Rental/ Sales and Service, Meat Processing Facility, Stockyards/ Livestock Markets, Winery with Major Events (more than 150 people). Examples of the least intensive uses include Community Farmers Market, Cooperative Farm Stand, Rural Special Events (150 people or less), Veterinary Clinic, Winery with Minor Events (150 people or less). Page 8 - Public information meeting -Add clarifying language to the title for this section, as follows: PUBLIC INFORMATION MEETING for the Agricultural Support Enterprises proposal B. Pages 8 & 9 - Hearing item #7 -Agricultural Support Enterprises within the Rural Buffer Page 8 - Last paragraph on the page -Add clarifying language, as follows: Right before the last (partial) sentence, add two sentences giving examples of the proposed uses, so that the last three sentences on the page would now be: Examples of the most intensive uses include Agricultural Processing Facility, Farm Equipment Rental/ Sales and Service, Meat Processing Facility, Stockyards/ Livestock Markets, Winery with Major Events (more than 150 people). Examples of the least intensive uses include Community Farmers Market, Cooperative Farm Stand, Rural Special Events (150 people or less), Veterinary Clinic, Winery with Minor Events (150 people or less). Projects in the Rural Buffer must also conform to the Joint Planning Area Land Use ...... Page 9 - Public information meeting -Add clarifying language to the title for this section, as follows: PUBLIC INFORMATION MEETING for the Agricultural Support Enterprises proposal Chair Jacobs answered yes. Commissioner Gordon said it might address some of Commissioner Price's concern if the legal advertisement told where paper copies could be obtained. Perdita Holtz said this is already included in the advertisement, and she read the paragraph. Commissioner Gordon said it would be helpful to highlight the main items in bold when there are so many items and a lot of text. Perdita Holtz said this can be done on this advertisement too. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve the legal advertisement in attachment 1,with revisions as discussed, and that staff be directed to put in bold the key phrases for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 24, 2014. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from November 21 and December 2, 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 twenty-five (25) taxpayers with a total of twenty-five (25) bills that will result in a reduction of revenue in accordance with the NCGS. C. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for twenty-one (21) taxpayers with a total of thirty-six (36) bills in accordance with North Carolina General Statute 105-381 that will result in a reduction of revenue. d. Applications for Property Tax Exemption/Exclusion The Board approved six (6) untimely applications for exemption/exclusion from ad valorem taxation for eight (8) bills for the 2013 tax year. e. Advertisement of Tax Liens on Real Property The Board received a report on the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute (NCGS) 105-369 and approved a request that March 19, 2014 be set by the Board as the date for the tax lien advertisement. f. Orange County Arts Commission Annual DCP Renewal with NC Arts Council The Board authorized the Orange County Arts Commission and staff to apply by the March 3, 2014 deadline for annual Designated County Partner (DCP) renewal with the NC Arts Council in order to receive state Grassroots Arts Program funds for Orange County. g. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro City Schools (CHCCS) and Contingent Approval of Budget Amendment# 4- C Related to CHCCS Capital Project Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release funds from the NC Education Lottery account related to FY 2013-14 debt service payments for Chapel Hill — Carrboro City Schools, and authorized the Chair to sign and to approve Budget Amendment#4-C (amended School Capital Project Ordinances), contingent on the State's approval of the application. h. Amending the County Manager's Employment Contract The Board amended the County Manager's employment contract to allow for a three month extension of employment and a thirty month extension of health insurance coverage. L Request for Road Additions to the State Maintained Secondary Road System The Board made a recommendation to the North Carolina Department of Transportation (NCDOT), and in turn the North Carolina Board of Transportation (NC BOT), concerning a petition to add a total of four (4) subdivision roads in Wyndfall Subdivision to the State Maintained Secondary Road System. j. Impact Fee Reimbursement Request The Board approved an impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $114,053 for eleven (11) homes recently constructed in the County. 7. Regular Agenda a. Triangle Transit Update on Implementation of the Orange County Bus and Rail Investment Plan The Board received an update on Triangle Transit's (TT) annual report on the Orange County Bus and Rail Investment Plan (OCBRIP), a preview of Plan updates, and additional revenue from the one-half cent sales tax for transit. Triangle Transit Executive Director David King said the Commissioners are being given the annual report of the Orange County Bus and Rail Investment Plan. He noted that the tax collections began in April; so there was very little financial activity, and Orange County's intake was just under $1 million. He said a full year's tax collection should equal around $6 million. He said John Tallmadge has been leading a staff working group, which consists of Orange County staff, as well as folks from Chapel Hill and Carrboro to do all of the detailed work. He said John Tallmadge will review this information, as well as the financial plan assumptions and some of the work that has been done with Orange County and the northern rural areas. John Tallmadge said there is an inter-local implementation agreement between the County Commissioners, Triangle Transit's Board of Trustees and the Metropolitan Planning Organization (MPO) Transportation Advisory Committee. He said one of the provisions is that the plan will be reviewed every 4 years unless someone has a concern prior to that time, in which case the group can convene to review the issue. John Tallmadge said this plan was adopted in 2012, and shortly after this the federal government adopted a new funding law that changed how bus capital funding was to be done. He said the N.C. General Assembly also recently changed how state funding of transportation is done. He said the changes mean that all federal funds for bus projects are done through a formula that funds at a much lower level. He said the 2012 plan assumed that 80 percent of every vehicle purchase would be available in federal grants, with a 10 percent match from the state. He said there is a lot more competition at the state level, and there are different rules now. He said there was concern that waiting for the above assumptions before spending local dollars would result in a long wait, and the promises of the plan would not be delivered. He said for that reason Triangle Transit (TT) decided to revisit those assumptions with their partners. He said the receipts of sales taxes levied last year were higher than the original assumptions in the adopted plan. He said all parties involved were asked to weigh in on whether those assumptions should be adjusted. He said these were the drivers for the process of looking at the plan now, instead of waiting 4 years to do a revision. He referred to a table with three columns shown in the abstract attachment 1(b), labeled Comparison of Draft Financial Model Update Assumptions to Adopted Plans. Chair Jacobs asked if this could be put on the screen for the public to view. John Tallmadge reviewed this sheet. He said TT is expecting less federal and state dollars to provide these services, and this is offset by better tax revenue receipts and the forecast of higher than expected growth of the sales tax throughout the period of this plan. He read through these changes on the chart. He said the federal participation expectation has been dropped from 80 percent to 30 percent, and the state assumption has been dropped to 5 percent for vehicles and 8 percent for other projects. He said this provides more local tax dollars from the sales tax and the vehicle registration fees to move forward with projects on the schedule and pace laid out in the plan. He said the other assumptions did not include any changes to the light rail project, the MLK Bus way, or the Hillsborough Train Station. John Tallmadge referred to attachment c - Western Triangle District Annual Cash Balance, and said the balance is still above the floor that was set for annual closing cash balances. He said the other test is the minimum 1.25 debt coverage ratio with reserves. He said this is at 1.52, which means there is a lot of room to examine how much borrowing needs to happen to get this number closer to 1.25. Commissioner Gordon asked about the calibration of the model and the exponential growth in the cash balance. She asked if this is necessary for debt capacity. John Tallmadge said the growth rate of the sales tax dollars is a fixed percentage of the 3.6 percent, but this is also combined with Durham, which has a higher growth rate. He said this shows that the costs go down while revenues are still growing, so this builds capacity to do other projects. He said this is out in 2028, after the construction period. John Tallmadge said there is a more detailed table in attachment 1-d — Updated 5-Year Bus Revenue Forecast Compared to Adopted Plan. He said this shows that TT can still deliver the service at the same pace as promised in the plan, and there is more local revenue for bus capital than in the past. He read through the numbers in that chart. Chair Jacobs noted that one chart listed fiscal year and one listed calendar year. John Tallmadge said this was a transition that had to be made from the adopted plan. He said a comparison can be made by looking at the average of those two values. He said everything will go to fiscal year in the future. John Tallmadge referred to Attachments 1-e and 1-f, which list all of Orange County plan's revenues. He said this comparison shows the tradeoff between lower grant dollars and higher sales tax values. He said this is offset with more borrowing. Commissioner Gordon said the revenues include the half cent sales tax and the new projected revenue of$223 million. She asked if it is possible to provide more bus hours, instead of just offsetting the lost bus capital revenue. She said the County was concerned with getting more bus service hours. John Tallmadge said at one level there is a link between the capital and the operating, in that the capital is buying the buses. He said there would be some flexibility if Orange County, Chapel Hill or TT saw an opportunity to move money from the capital side to the operating side. He said this will be discussed and considered within the working group. Commissioner Gordon asked if it is possible for him to tell the Board what the additional sales tax dollars will be used for. John Tallmadge said this is being used to replace the lost grant funds (both state and federal). He said the first priority is to make the plan whole so that promises can be delivered. John Tallmadge said the process involves a discussion at the staff level, and last week a decision was made to move this to the manager for consideration. He said it is also necessary to review and revise the text of the plan to incorporate the changed assumptions. He said this would then come to all of the involved boards in the April/May timeframe. He said, in the meantime, these revised assumptions are being used for fiscal year 2015 to tell all of the partners how much money will be available in the upcoming year. Commissioner McKee said he is assuming the reduction at the state and federal levels was not expected. John Tallmadge said that is correct. Commissioner McKee said what makes him uneasy is that the projected growth rate in sales tax revenue has increased by almost 25 percent. He asked how he can feel confident that this is concrete when past projections on federal and state percentage have been thrown out the window with massive reductions. John Tallmadge said there are different forces acting on these current assumptions. He said one is political policy and the other is economic. He said when the assumptions were being worked on in 2011, it was during a deep recession, and there had been negative returns in sales tax. He said this meant it was a very conservative budgeting time. He said the values then still recognized that the longer term growth rate would be different than the first couple of years. He said this new growth rate is consistent with long term growth rates in Orange County in the last decades. He said more time can be spent on the analysis when this is brought to the Board for a decision. Michael Talbert said he would second what John Tallmadge said. He said these original estimates were done coming out of the great recession. He said Clarence Grier has reviewed these, and he feels these numbers are very realistic. He referred to the yellow sheet, and said the revenue estimates are increasing by more than 5 percent, which should provide an opportunity for the Board to approve a change in the plan. Michael Talbert referred to attachment 1-e and 1-f and noted that the grand totals after 2035 increase by $100 million. He said a large percentage of that increase is the removal of federal and state money and the issuing of bonds. He said there is an issuance of$126 million in bonds and debt in 2012 that was not part of the original plan. He said much of the gap is being filled with bonds. Commissioner Price asked how the projected growth rate of the sales tax translates with regard to the buses and hours for the Hillsborough and northern Orange bus routes and park and ride. She asked for clarification on whether the earlier discussion was about buses on 1-85 or Highway 70. David King said he specifically said the 1-85 corridor, but Highway 70 is also included. Commissioner Price asked how this change in the funding formula affects the timeline for getting buses in the northern part of the County. John Tallmadge said the goal was for the financial plan not to be the driver. He said the dollars will be there. He said this will depend on when the planning is done, when the park and ride lots are leased or built, and when the vehicles are available for the service. He is hopeful that this can start at the end of this calendar year. Commissioner Price noted a reference to DR Commuter Rail, and she asked for an explanation of this. John Tallmadge said this is the Durham Raleigh Commuter Rail, and this is part of the Durham plan. Commissioner McKee referred to the operating costs per revenue hour listed on page 6. He asked if Triangle Transit's cost increase of 11 percent is projected to be a continuous increase at this rate, or if it is an anomaly. John Tallmadge said an adjustment was made to the fiscal year 2013 actual values and everyone is then inflated on a 3.1 percent rate. He said this is a recalibration and then in the model, each future year grows 3.1 percent. He said these values are used to generate how much service will cost, and then this backfills once a determination is made of how much local money is needed to provide service. He said the set split agreement between Chapel Hill, TT, OPT and Orange County means there is no advantage to an agency inflating its cost per hour. Commissioner McKee said his concern centers on whether the available pot of money remains steady. He said if it does an increase in the per-hour cost will reduce the number of hours available. He is concerned that this will require an ever increasing amount of money to fund that continuous level of bus hours at an increasing rate per hour. He wonders if the available pot of money for buses will remain the same or increase at the same level of cost. He is concerned with maintaining the original number of bus hours proposed in the plan. John Tallmadge said that is what is still affordable in the model. He said the growth in revenues is shown to keep up with the growth in cost. Commissioner Pelissier said, as she understands it, there is also money in reserve that can be used in the event of a dip in revenues in one year. She said this prevents services from being cut. John Tallmadge said that is one of the purposes of the reserve. He said the other reality is that if there is an abnormal situation all parties will get together to decide how to handle the situation. John Tallmadge reviewed the following PowerPoint slides: What is the Central and Rural Orange County Bus Service Expansion Program? ❑ Joint five-year program between Orange County and Triangle Transit ❑ Year-by-year list of bus operating and capital projects for services provided by Orange County (OPT) and Triangle Transit to areas outside of Chapel Hill/Carrboro ❑ Bus program will be referenced in updated Orange County Transit Plan (Spring 2014) Public Involvement ❑ Held four joint County/TTA public outreach meetings in Hillsborough, Cedar Grove, Efland, and Mebane ❑ 83 attendees total ❑ Received 230 surveys at public meetings, on-board buses, and online ❑ Conducted survey of Duke employees who live in Orange/Alamance Counties ❑ Met with various stakeholders: ❑ OUTBoard ❑ Department on Aging ❑ Department of Social Services Bus Services and Projects ❑ Continued funding of Hillsborough Circulator ❑ New OPT services and bus stop improvements ❑ New Triangle Transit service connecting western Orange County, Hillsborough and Durham ❑ Narrowing short and long term options for a Park-and-Ride facility along US-70 in Hillsborough ❑ Still determining potential stop location(s) in western Orange County/eastern Alamance County 11 Potential funding/service coordination opportunities with PART and Burlington-Graham MPO Timeline February: Completion of draft Five-Year Bus Service Expansion Program March: Presentation of draft Program to BOCC, TTA Board, and Hillsborough Town Council April: Requested approval or endorsement of final Program by BOCC and TTA Board Fall 2014: Earliest implementation of services Commissioner McKee asked if John Tallmadge could identify the potential locations of park and ride sites in western Orange County. He wants to make sure that the park and ride lots are located where it is convenient for the residents who will access the service. John Tallmadge said locations are being considered in the vicinity of central to eastern Mebane, Efland and Buckhorn. Commissioner Gordon asked about the draft 5 year bus service expansion plan. She asked how this relates to what is called for in the implementation agreement. John Tallmadge said the plan now creates an envelope of how many hours or dollars are available to implement service, and it describes it as expanding rural access to job centers or activities. He said this describes a commuter connection from Mebane to Hillsborough to Durham. He said this refines that and then puts it into specific services to be delivered on a specific timeline. Commissioner Gordon said the revenues have changed, and the plan is being reviewed and revised. She wants to know when this will be done. John Tallmadge said things should be aligned so that information is being brought at the same time. Commissioner Gordon said it would be helpful to look at the original bus and rail investment program and then look at how the numbers have changed in the amended plan. She said it would be better to have a comparison with the actual numbers in the same format. John Tallmadge said he will try to do this. Commissioner Price asked if Durham Tech is being considered in the plan. John Tallmadge said he received an email today asking about the possibility of more mid-day service connecting the campus and the new medical clinic to Chapel Hill. He said this is part of what will be considered in the program of services. Commissioner Rich thanked John Tallmadge for this update. She is excited to move forward with this project. Chair Jacobs said there had been some discussion about the Graham park and ride lot. He said there is no local funding and only one route to UNC and Duke. He said public transportation is needed in this area. He asked if the option of anchoring the Highway 70 route in Graham is still an option. John Tallmadge said there are some concerns about the Graham location, but there are other options being considered with PART in that area. Chair Jacobs referred to Commissioner Price's earlier question, and he said there was no UNC Hospital at Waterstone when these conversations started. He mentioned the issue of transportation options for students from Chapel Hill and Carrboro who are taking Middle College classes at Durham Tech in Durham. He said there will be a huge change in the commuter patterns between Hillsborough and Chapel Hill when and if Carolina North takes place. He said these things will change the plan even more. He said there is really no way to make predictions, and he thanked everyone involved for keeping things on track. David King said financial projections make him queasy, and that is why there is an implementation agreement. He said everyone is discovering how to do this, because this has never been done in North Carolina before. He said the group budgets one year at a time and corrections can be made as things move forward. He said this is a self correcting dynamic process, and the early results are quite good. He said changes will always come back to the various entities to review and approve. He introduced several staff and committee members. He said the hourly cost for bus service was down from $107 to $103. David King said, with regard to the train station in Hillsborough, the town owns the property, and it is the right property in the right place. He said the Town of Hillsborough funded an environmental process to lock down any environmental issues. He said up to $150,000 has been pledged out of Orange County money. He said a capacity study must be completed in order to get started, and this began about a month ago. He said once this is done later this year there will be a clear picture of how many tracks will go past that point and where they will go. He said this will then define where to put the platform and the station. He said the competitor for federal and state money for this project is Lexington. He said $8 million has been budgeted for the Hillsborough project, and 10 percent or $800,000 of that is from Orange County's funding. He said Lexington's project is much higher, which provides an advantage to Hillsborough. He said it will be possible to have a functional train station at half that cost, with a modular unit and less landscaping. He said there are ways to get this project done, and TT will keep the Board posted. He said the MPO (Metropolitan Planning Organization) has this as part of their ranking at the state level and that comes out in early summer. David King said there is a new program called Tiger that contains over $600 million in funds. He said funding could be requested from this program for the Hillsborough station if preparation and planning can be completed. David King said work is also being done on the Durham Light Rail project. He said a request to enter project development was submitted in December. He said once a submission is allowed in the Start process, the environmental process must be completed within a 24 month window. He said TT hopes to hear about this within the next 10 days. Commissioner Gordon asked if the application and letter could be made available to Orange County. David King said yes, this is public information. Commissioner Gordon asked if there could be an emphasis on bus hours for the transit dependent population as the plan is modified. She thanked Triangle Transit for presenting tonight and for bringing staff that have worked on this project. David King said the staff working group is functioning smoothly. He said one of the issues that needed fixing was the $3.00 vehicle registration fee. He said Commissioner Gordon and Commissioner Pelissier joined with others on the Special Tax Board last week to work on this. He said the intent is that their board will be able to levy this tax in both Durham and Orange County starting in March. He said there will be a public hearing in February. He said Wake County has not moved forward, so authority was requested and gained from the legislature to levy the tax in the other two counties. Commissioner Pelissier said in the future it would be good to hear about the implementation of some of the other bus services from Chapel Hill Transit. Commissioner Pelissier said she would also like a report on what is happening on MLK. Patrick McDonough said he participates on the steering committee for the MLK alternatives analysis. He said a consulting firm was selected in the summer. He said Chapel Hill was also looking at an ongoing fiscal capacity exercise for Chapel Hill Transit, due to the age of their fleet. He said the goal was to start the MLK work in November, but this has been postponed into 2014, and the exact date is not known. He said work will begin as soon as Chapel Hill Transit is ready to move. Commissioner McKee expressed thanks for the updated plan and the prioritization of providing geographical equity. He said this is important to him, as someone who lives in the northern rural part of the County. He said there was an announcement yesterday about a major redevelopment project in Research Triangle Park. He read a statement regarding this and said this may be a factor moving forward. David King said the Research Triangle Foundation is creating a master plan for the next 50 years. He said this includes 3 mixed use development zones, and 2 of these are at commuter rail stations. He said the Durham/Raleigh/Garner commuter rail system is part of the regional plan, but it is not part of the Orange County plan. He said the point that was made in the RTP announcement was that the RTP master plan requires rail service in order to be successful. PUBLIC COMMENT: Alex Castro is a resident of Bingham Township and he said he had an answer to Commissioner McKee's question. He said he has page 24 of the RTP master plan, which covers the two proposed commuter rail stops and shows an internal light rail that would run through the development. Chair Jacobs said having a comprehensive report on the entire bus plan would be good. He said it is important to refer to the corridor as 1-85/Highway 70, instead of just 1-85 to avoid causing concern on an issue that is important to the Board. He said a partnership is being built, and it is good to see that progress is being made. b. Scheduling Public Hearings — Proposed Unincorporated County Recycling Service District The Board considered dates and locations for two public hearings on the proposed Recycling Service District for unincorporated Orange County and provided a summary of possible financing alternatives for rural area recycling. Gayle Wilson said this is a follow up to the January 23 meeting. He said the Board of County Commissioners asked for more information on the four recycling options: He referred to the proposed district map on the screen, and listed the following four options: • Tax district • Subscription service- opt in or opt out— covers same area as the service district • Rely exclusively on a network of existing and new Solid Waste Convenience Centers • Fund rural recycling through the general fund (district, or combined urban and rural) Gayle Wilson said the proposed tax district statutorily requires a public hearing and the proposed dates are: - March 18th at 6pm at Southern Human Services Center in Chapel Hill -April 1- at DSS in Hillsborough starting at 6pm Gayle Wilson said it was suggested to him by a resident that the mailing should include a simpler single color map. Michael Talbert said he would like for the Board to consider limiting the options to have at these public hearings. He said these options have been discussed many times before, and a couple of them are unrealistic. He said funding through the general fund is an insult to the town partners. He said it is not fair for town residents to assist in paying for rural curbside. He said the other idea that he feels could come off would be the idea of moving forward with just convenience centers and eliminating curbside recycling. He said this would harm the County's goal of moving toward 61 percent. He said this would leave the tax district and the subscription service as the two options. He noted that the subscription service was also discussed in detail in December, and the Board decided not to go that route. He said a public hearing with four options would be difficult for the Board and the citizens. He said he would like to bring closure to this discussion and move forward to the public hearings. Michael Talbert said these meetings would begin an hour early. He said this needs to move toward a decision by April 15 in order to move toward implementation July 1. Chair Jacobs said he and Michael Talbert have discussed this, and both of them feel that in an effort to be accommodating, options were included that the Board of County Commissioners has already rejected (the general fund and eliminating rural recycling). He said there will be two public hearings. He encouraged the public and the Board of County Commissioners to send factual questions to the manager ahead of time. He said this will come back at the February 18th meeting, so that these questions and factual responses can be shared with the Board and the public in a consolidated fashion. A motion was made by Commissioner McKee, seconded by Commissioner Price to remove the following two options from consideration: - Item #1. Eliminate Rural Curbside Recycling Services and rely on convenience centers for all rural recycling; and - Item #4: General Fund Support for. a. Rural Curbside Recycling for the 13,700 existing customers. b. Existing Urban, Rural Curbside, and Multifamily Recycling. Programs Commissioner Gordon asked if this should be done before the Board has heard the public comments. Michael Talbert said this has already been done at prior meetings, but public comment can be heard before making a formal vote. Chair Jacobs agreed with Michael Talbert. Commissioner Rich said she recalled that when the Board discussed the public hearing there was a heading of only one option, and that was the tax service district. She said all comments on other options would still be welcome, but she feels that the public hearings should be only on the one item the Board had voted on. Commissioner McKee said he would prefer to keep his motion as is. Commissioner Pelissier suggested calling the question. Commissioner Gordon said her friendly amendment would be to state that this is because the Board of County Commissioners has already rejected these options Commissioner McKee agreed to this amendment. Commissioner Price agreed to this amendment. PUBLIC COMMENT: Bonnie Hauser said at the Assembly of Government meeting, the towns were clear that they were looking at a five year projection on fees and there was an indication that there would be pressure on the County's cost. She said Chair Jacobs assured the towns that the County would work with them. She said those negotiations have not occurred, and she asked if it is possible that the towns will now put pressure on the County to provide this service at a higher fee. She asked how the County would subsidize the service if this happens. Chair Jacobs said there is an agenda item coming up soon on this issue. Gayle Wilson said the cost for service for the urban programs is a separate cost center from the rural curbside program. He said these are not subsidizing each other. He said, with the 3-r fees, the solid waste department was instructed to keep very meticulous accounting of those expenditures and those funds. He said those fees are set independently and have nothing to do with each other. He cannot imagine that this would ever happen in the future. He said the Town of Chapel Hill has asked for a five year price guarantee, and this is being worked on. He said those numbers will include full funding for those services. Michael Talbert said the County is working with all three towns to move this issue forward. VOTE: 6-0 Chair Jacobs said what was decided in December was to move forward with a public hearing to place before the public the option of having a service tax district to pay for rural curbside recycling. He said, in that public hearing process, the Board can hear comments on the option of opt in/opt out. He said if the Board is being consistent with the motion made in December, then this is simply a reaffirmation of their previous decision to move forward. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to move forward with the intent to create a service tax district for roadside recycling. Commissioner Pelissier said she agrees with Commissioner Rich, but this does not preclude the public from making any comments that they wish to make. She said there is a big difference between providing information and having a public hearing that is focused on a particular proposal. Commissioner Gordon asked how this affects what the Board does tonight. She referred to the notice on page 10 which talks about the hearing being on the creation of a solid waste service district. She noted that the public can bring up other options. She asked if the next to last paragraph on page 9 in the draft letter should be eliminated if this motion is passed. Commissioner Rich said yes. Commissioner McKee said most of the points made are correct. He said the last meeting effectively supplanted the December motion with another motion stating that a public hearing would be held to present all options. He said he again objects to the use of the word intent, as it conveys a pre-conceived outcome prior to the public hearing. He thinks that the public input received so far makes it fair to put both options in the public hearing. Commissioner Gordon said she thinks there should be one motion handling the substance and another motion handling the details. She asked to hear the motion again. Chair Jacobs repeated the motion to move forward with the intent to create a service tax district for roadside recycling and take it to public hearing. Commissioner Rich asked if there was a vote at the last meeting to bring all four options. She thought this was just a direction, but not a vote. She would like to go back to the original motion in December. She said that is what her motion is for. Michael Talbert said the four options were read off by Gayle Wilson at the end of his presentation. He said there was no motion or vote, only an agreement that these items should be considered. He said a motion to move forward with intent was made, voted on, and approved. He said the process to establish a service district includes a public hearing. He said if the Board wants to hold additional public hearings on other options, these would be advertised in a separate fashion and a separate process. He said the other options can be done with 10 days notice, like a normal public hearing. Chair Jacobs clarified that the Board can still consider other options if the Commissioners decide to do something different in April, based on the public hearings, Commissioner Price read the unofficial summary regarding the recommendation. She said she is concerned about this, because 98 percent of the people she has heard from are against this tax district. Commissioner Gordon asked if a decision to do an opt-out subscription service could not be a result of the public hearing. She asked if this would require another public hearing. Michael Talbert said there are separate processes for a service district. He said there could be a separate advertisement to add a second item for consideration, and these public hearings could be held concurrently. John Roberts said there is no legal requirement for a public hearing for a subscription service. Commissioner Gordon clarified that if the Board chooses to move forward with public hearings on the intent to create a tax service district, others can come and comment as they want on any option, and then the Board can vote on any of these options on April 15th. Michael Talbert said yes. Commissioner Gordon said she just wants to make sure there is time to do other options. She wants to make sure the public can come forward to make comments on all viewpoints. Commissioner Rich said the Board has not really heard from the public yet, only a few members of the public. She called the question. VOTE: Ayes, 4 (Chair Jacobs, Commissioner Rich, Commissioner Pelissier, and Commissioner Gordon); Nays, 2 (Commissioner Price and Commissioner McKee) Commissioner Gordon said it is okay with her to start the meetings at 6:00 p.m.; however she would like a backup plan in case this hearing goes so long that it interferes with the regular meeting. Chair Jacobs said that was the pleasure of the majority of the Board and the backup plan will be discussed. A motion was made by Commissioner Pelissier seconded by Commissioner Rich to hold the following two public hearings: Public Hearing #1 Public Hearing #2 Date: March 18, 2014 Date: April 1, 2014 Time: 6:00 PM Time: 6:OOPM Location: Southern Human Services Location: OC Department of Social Center, Chapel Hill Services, Hillsborough Commissioner McKee said he feels that a decision has already been made. He said the motion was the intent to create a service district. He said residents can come to talk about other options, but the Board just walked past another very viable option to have included in the public hearing. Commissioner Pelissier said they went astray at the last meeting when she asked for some background information about the various options in a public hearing about a service district. She said a decision has not been made yet. Chair Jacobs said staff understands that the Board wants to be as open as possible and there are other options that will be brought to the table. He said he wants to consider what he has heard from the public, and he still has an open mind about both options. Commissioner Gordon said she has not made up her mind. Chair Jacobs encouraged the Board to submit any factual questions to the manager. VOTE: UNANIMOUS PUBLIC COMMENT: Don O'Leary said he suggests that there be law enforcement at these public hearings. Bonnie Hauser said the public has spoken out clearly on this item. She does not believe the public is interested in spending this much time on a topic that is so obvious to them. 8. Reports - NONE 9. County Manager's Report Michael Talbert said the Clerk will pass out information related to a process that he just became aware of regarding Guidelines for Commissioner Requests For Information from County Staff, which was adopted by the Board in 2002. He said this is for information only, and it could be added to a future work session if the Board would like to discuss it in more detail. Chair Jacobs said he had asked the Clerk to include this process in the Board's Procedure Book. Donna Baker said this will be included at the very end of the Procedure Book. 10. County Attorney's Report NONE 11. Appointments a. Advisory Board on Aging —Appointment The Board considered making an appointment to the Advisory Board on Aging. A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint Ms. Margaret Cohn to a first full term in the At-Large Position to the Advisory Board on Aging, with an expiration date of 6/30/2016. VOTE: UNANIMOUS b. Arts Commission —Appointment The Board considered making an appointment to the Arts Commission. A motion was made by Commissioner Gordon seconded by Commissioner Price to appoint Natalie Ziemba to a first partial term in the At-Large position, with an expiration date of 3/33/2014. VOTE: UNANIMOUS c. Nursing Home Community Advisory Committee —Appointments The Board considered making appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Rich to appoint the following to the Nursing Home Community Advisory Committee: POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 5 Ms. Sandra Jones At-Large —Training 01/23/15 7 Ms. Sandra Lemons At-Large —Training 01/23/15 11 Dr. Joanne Wilson At-Large —Training 01/23/15 VOTE: UNANIMOUS 12. Board Comments Commissioner Rich said last night she went to the Restaurant Association Awards, which was held in Durham. She said it was very enjoyable and the board of directors from the Visitors Bureau was well represented. She said one statistic was that there would be 83,000 new restaurant jobs in the next 10 years, and she found this pretty amazing. Commissioner Pelissier said the legislative goals committee of the North Carolina Association of County Commissioners (NCACC) met and narrowed down the priorities already identified. She said the number one priority for this legislative session is to reinstate the lottery funds for school construction. She said the environmental steering committee met 2 weeks ago and received a presentation from the Division of Water Infrastructure. She said there was a lot of talk about the master plan for infrastructure needs for water and sewer. Commissioner Pelissier said the ridership on Triangle Transit went up 11 percent from December 2012 to December 2013. Commissioner Pelissier said Project Engage is a project of the Advisory Board on Aging and the goal is to develop a network of informed and engaged citizens. She said the goal is to train these citizens to provide support to communities around the County, especially those with low resources. She requested that the Board receive a report and provide some recognition for this project. Commissioner McKee said the 4-h event has been re-scheduled for February 6, from 6- 8 pm. Commissioner Gordon — none Commissioner Price attended the Board of Elections Board meeting today. She said the board is still looking at sites on campus, and suggestions are still being accepted for sites near or on campus. She said the library is also being considered, and the area between Hillsborough and Efland. She said there were thoughts of northern Orange County, but Wi-Fi is a concern. She said the goal is to find sites that could be permanent. She asked Commissioner McKee for suggestions for northern sites. She said the board will make decisions on March 4th for submission to the state on March 14th. She said there is funding available for 4 sites. Chair Jacobs said the Board has a meeting on March 11 th if the BOE needs the Commissioners to discuss other resources at that point. Chair Jacobs said the majority of the Board attended the Chapel Hill Chamber of Commerce annual event. He said this was a nice event with good recognition. Chair Jacobs said there had been a school collaboration meeting that dealt with some items that had been simmering. He said there was a report on charter schools. Chair Jacobs said if people want to register for the Agricultural Summit on February 25th, they should call cooperative extension. 13. Information Items • January 23, 2014 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • BOCC Follow-up Regarding Commercial Disposal at Convenience Centers 14. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Rich to go into closed session at 10:08 pm for the purpose below: "To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations," NCGS § 143- 318.11(x)(4); And N.C.G.S. 143-318.11(a)(5)] : "To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property." RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Rich to reconvene into regular session at 10:44 pm. VOTE: UNANIMOUS 15. ADJOURNMENT A motion was made by Commissioner Price, seconded by Commissioner Gordon to adjourn the meeting at 10:44 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board