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HomeMy WebLinkAboutMinutes 03-06-2014 APPROVED 4/15/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING March 6, 2014 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, March 6, 2014 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Chair Jacobs called the meeting to order at 7:01 p.m. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the following information at the Commissioner's places: - White Sheet - Chair Jacobs' correction sheet - Item 6a- Minutes -Yellow— Item 7a - CDBG grant application information - Item 7a -- Report and Recommendations from the County and Town Managers Regarding the Implementation of Improvements in the Historic Rogers Road Neighborhood Chair Jacobs said that due to the pending inclement weather, the closed session is canceled. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Andrew Dykers said he lives in Carrboro and wanted to share an idea to help citizens have greater access to information on candidates running for public office in Orange County. He said when candidates file to run for office, the County lists their name, email and residence on the website. He suggested the inclusion of a hyperlink to the candidate's on-line presence. He said citizens would benefit by having this information in a consolidated manner. He suggested a new straightforward web address for accessing this information. He said he did talk to Michael Talbert regarding concerns about promoting one candidate over another. He said he is not here to suggest that the County advance the cause of any particular candidate. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Pelissier said, now that the Board has approval from the Federal Transit Administration for project development of the light rail project, she would like to re-petition for Chair Jacobs to write a letter to the town of Chapel Hill requesting information about plans for affordable housing. She said this is one of the criteria for moving forward, as it is important to see what the plans are near and around the light rail. She said Chair Jacobs has done this previously, but she would like to re-initiate the letter, because the Board did not get a response from the Town of Chapel Hill. She said that perhaps a presentation could be requested at the next meeting with the town. Commissioner Rich said she wanted to recognize the fencing team at Chapel Hill High School for winning the state championships this year. She would like to have a resolution of recognition and have the team come to one of the proposed meeting dates on March 18th or April 15th Chair Jacobs noted that the Chapel Hill girls' basketball team is in the quarterfinals and is currently undefeated. He said there might be two teams to recognize. Commissioner Price said she would like to add on to Commissioner Pelissier's petition. She said she attended a NACo workshop to consider high opportunity areas for the light rail. She asked that low and high opportunity areas for economic development and jobs be considered as related to the light rail. Chair Jacobs suggested this be expanded to include bus service and light rail. Commissioner Dorosin arrived at 7:08. Commissioner Gordon read her petition as follows: "On March 27, 2014 the Board of Commissioners (BOCC) will have a joint meeting with the Town of Carrboro and Town of Chapel Hill. The first part of that meeting will be a public hearing on two different text amendments to the Joint Planning Land Use Plan and Agreement. Following the hearing, there will be a non-public hearing agenda for the meeting. My petition is that an agenda item for the non-public hearing part of the meeting should be the presentation of the proposed Agricultural Support Enterprises within the Rural Buffer. That would be good background for understanding why the Joint Planning Agreement and Land Use Plan are proposed to be changed. The agenda background material would be the 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendments proposed to establish a zoning program referred to as Agricultural Support Enterprises (ASE) with the Rural Buffer, along with any other material that would be necessary to understand the proposal." Chair Jacobs said he would like to petition for a presentation on the Board's social justice goal since many of the Commissioners are new. He said it is not referenced often for policy decisions, and it is important. 4. Proclamations/ Resolutions/ Special Presentations a. Address and Road Naming Ordinance Update The Board received an update on the Road Naming and Addressing Ordinance. This update was given by Dwane Brinson, the Tax Administrator. He introduced Tammy Walker, the Land Records/GIS Manager, who was there to answer questions. Dwane Brinson gave brief background on this issue. He said the Board formally adopted a Road Naming and Addressing Ordinance in December, 2011, and a letter was mailed to all affected residents on August 29, 2012. He said this letter explained the ordinance requirements and it did not cite non-compliance. He said a presentation was given to the Board on March 7, 2013 after the addressing responsibilities were moved to the tax office. Dwane Brinson said the issues identified last March are coming to fruition in greater numbers than expected. He reviewed the following issues as outlined in the abstract: Pervasive Issues Encountered in 2013 After adoption of the Ordinance, a letter was sent to Orange County residents in August, 2012 notifying them of the Ordinance requirements, and it provided information regarding signage and posting of addresses. This caused residents to go out and purchase house number signs, often from their local fire departments, prior to them being reviewed for compliance. Once reviewed, the residents were notified of new house numbers to be in compliance with the Ordinance. As a result, residents had to purchase a second sign with the correct house numbers, except in the Orange Grove Fire Department. Orange Grove was able to locate a chemical that would allow the removal of the numbers. A second issue pertains to mobile home parks, a top priority identified in our implementation plan. A mobile home park is defined by the tax office as at least three mobile homes on one parcel, generally. It was quickly discovered that most mobile homes within mobile home parks were addressed at the main road instead of the mobile home park road. Hypothetically, an emergency responder would receive an emergency call for 102 Wide Branch Lane, unit 3, a mobile home park. The only reference of said address was at the mobile home park entrance on Wide Branch Lane. Once the emergency responder arrived at the mobile home park, no identification could be located on any mobile home within the mobile home park. The Ordinance does not permit such an addressing system as each mobile home within the park must have identification on the lot itself, and the addresses must reference the road within the mobile home park if the road is at least 75 feet in length rather than, for example only, Wide Branch Lane. A collaborative approach was taken to remedy these issues once discovered. Tax office staff, the Orange Grove fire chief and the mobile home park owner walked the entire park on foot to identify issues. Subsequently, the parties involved developed an addressing system that complied with the Ordinance. After a collaborative plan was agreed upon, the tax office mailed formal notification letters to the owner(s) and the addressing system was established. As a final example of large-scale issues encountered in 2013, it was discovered that, after GIS was moved under the tax office, a great number of residents were essentially queued as a result of the letter mailed in August, 2012. Residents had received a letter explaining the Ordinance and its requirements, which prompted thousands of calls into county offices for further clarification. The message to residents who reached out to the tax office was to wait as the GIS Department had just been reorganized to the tax office. This period of abeyance would allow tax office staff to become acclimated to the Ordinance and prepare a revised implementation plan for review of the BOCC Dwane Brinson said once work is completed in the Orange Grove fire district, the plan is to move onto Cedar Grove. He referenced the following timeline: 2013 — Orange Grove 2014 — Cedar Grove, Caldwell, Efland 2015 — New Hope, Orange Rural, White Cross 2016 — Greater Chapel Hill, Southern Triangle, Damascus He said, with regard to public information for 2014, staff has opted for a direct approach with residents. He said there is a methodical approach to work through the fire districts and work directly with each resident affected by the ordinance. He said there have been a few directed public information efforts, which included the following: • Spoke at a community watch meeting with the Sheriff's Department in November, 2013 • Participated in three (3) fire chief meetings in 2013 • Prepared handouts and discussion materials for four tax office presentations Dwane Brinson referenced the color maps provided for the district. He said 20 percent of Orange Grove's total addresses were affected, and this was greater than was expected. He said, while working with Orange Grove, work was being done with the residents in que from the letter of August 2012. He said staff also responded to other requests from emergency responders who encountered situations during an emergency response call. Dwane Brinson said exhibit C shows the model that Orange Grove used to submit information, and the hope is that other fire districts will do the same. Dwane Brinson said he was asked to submit a letter from a resident of Orange Grove regarding his experience and the good that this addressing has done for his district; and this is in the packet. Commissioner Gordon thanked Dwane Brinson for this update. She said she would like to emphasize that citizens in the County don't have to do anything to be in compliance until contact is made with them. She said the previous information stated that there would be education in 2013, followed by compliance letters in 2014. She said it is important to let people know that this going to take longer than expected to implement. She suggested that staff develop a list of frequently asked questions to put on their website. Commissioner Gordon said it is important that the Commissioners know that compliance letters are going to be sent out in 2014, as staff will be working systematically with residents during that time. She said she has gotten some questions about this. Commissioner Price said she is impressed with what has been done, and she feels that putting the fire district in the bigger picture helps to lessen the fear. She said it is easier for residents to swallow this when they realize that it is for their own safety. She asked what residents can do to get ahead of the game. Dwane Brinson said exhibit b gives a list of other areas outside of Orange Grove where emergency responders and residents have brought critical issues to their attention. He said these are being worked on in the same process and in the timeliest manner possible. Tammy Walker said Teer Road is a state road that has been severed by water. She said the state addressed this by giving it two different state road numbers but still called both ends of it Teer Road. She said this has caused a lot of problems with 911. She said she has met with the County attorney and the state to get approval to call this East and West Teer Road. She said this process just takes time to implement, and residents will have to be notified that an address change is necessary. She said this same situation happened on Apple Mill Road, and this will now be North and South Apple Mill Road. Commissioner Price asked how residents can get ahead of this process, and if they should call staff first. Tammy Walker said staff is trying to work the most critical areas first, but residents can call the Land Records/GIS office at 245-2505 to start the process. Commissioner McKee said he appreciates staff taking this approach. He said he did not expect this project to be so large and time consuming. He appreciates the work that is being done. He still thinks this is a critical issue to be addressed. Commissioner Dorosin asked if the ordinance gives a specific sign or numbering requirement, or if residents can paint or place their own numbers on their property. Tammy Walker said the number has to be visible from both directions on a contrasting background. Dwane Brinson said the number height must be three inches. Commissioner Dorosin clarified that the numbers do not have to be purchased, but can be painted on, as long as it meets the requirements. Tammy Walker said yes, as long as it is contrasting. Commissioner Dorosin asked about the process when residents close off a road. Tammy Walker said staff is working on the closed roads by going through legal. Commissioner Dorosin asked for an explanation of the justification for blocking off roads. Dwane Brinson said this is not known, but efforts are being made to resolve this amicably. Chair Jacobs cited an instance of a resident using gravel to block access to a road. He said this is now a public road, and it will be open and used. Commissioner Dorosin said, if these are public right of ways, it should not take long to open them back up. Chair Jacobs, responding to what Commissioner Gordon suggested, said Carla Banks could possibly help put up an FAQ on the tax website to provide basic information. Commissioner Price asked if the numbers have to be reflective. Tammy Walker said the ordinance specifies that the numbers have to be contrasting. Dwane Brinson said the signs from the fire department are reflective, and this is helpful. Commissioner Rich asked if everyone on the map has been notified of a problem with their numbering. Dwane Brinson said yes. 5. Public Hearings 6. Consent Agenda • Removal of Any Items from Consent Agenda Chair Jacobs asked for removal of item 6a to incorporate changes in the minutes. • Approval of Remaining Consent Agenda A motion was made by Commissioner Pelissier, seconded by Commissioner Price to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board considered correcting and/or approving the minutes from November 12 and 14, 2013 and January 31, 2014 as submitted by the Clerk to the Board. A motion was made by Commissioner Price, seconded by Commissioner Rich to approve the corrections to the minutes as submitted by Chair Jacobs for the minutes from November 12, 2013. VOTE: UNANIMOUS b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for thirty-eight (38) taxpayers with a total of seventy-seven (77) 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 nine (9) taxpayers with a total of fourteen (14) bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved four (4) untimely applications for exemption/exclusion from ad valorem taxation for four (4) bills for the 2013 tax year. e. Appointment of County Review Officers The Board appointed one additional County Review Officer, to remove from appointment four (4) Review Officers that are no longer employed by the County, and to re-appoint one Review Officer due to a name change. f. Correction to Ordinance 2014-001 — Board of Adjustment Operations and Procedures The Board adopted a revised Ordinance, amending the Unified Development Ordinance (UDO) to correct a staff error. g. Legal Advertisement for Joint Planning Public Hearing — March 27, 2014 The Board approved the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for March 27, 2014. h. Power Lift Stretchers for Emergency Services The Board approved the purchase of eight (8) automatic lift hydraulic stretchers that are grant funded, requiring a 20% local match. L Boards and Commissions — Commissioner Assignments The Board approved the list of boards and commissions on which members of the Board of County Commissioners have chosen to serve. j. Approval of Financing Arrangement for New Hope Volunteer Fire Department of Orange County, Inc. to Purchase a Replacement Tanker Truck The Board approved a request from New Hope Volunteer Fire Department of Orange County, Inc. to enter into a financing arrangement to purchase a Tanker truck, and authorize the Board of Commissioners' Chair to sign the appropriate documents related to the financing arrangement. k. Approval of Financing Arrangement for Eno Fire & Emergency Services, Inc. to Purchase a Replacement Tanker Truck The Board approved a request from Eno Fire & Emergency Services, Inc. to enter into a financing arrangement to purchase a Tanker truck, and authorize the Board of Commissioners' Chair to sign the appropriate documents related to the financing arrangement. 7. Regular Agenda a. Report and Recommendations from the County and Town Managers Regarding the Implementation of Improvements in the Historic Rogers Road Neighborhood The Board considered recommendations from the County and Town Managers regarding Rogers Road Sewer and Community Outreach to implement improvements in the Historic Rogers Road Neighborhood. Michael Talbert said it is a nice step to finally be moving forward with this item. He went through the various attachments included in the abstract. He said there was a report given to the board on November 21 st that included the recommendations from the task force, and these are included in the packet. He said one of these recommendations was for the town and County managers to explore a collaborative approach to making this work. He said the managers have met and are moving forward with this, with the Board's approval, and the Town of Chapel Hill met on February 10th and approved this in a resolution. He said the managers, including the Town of Carrboro, have approved going forward with funding the engineering study for the Rogers Road sewer; and there is agreement on the proportionate funding of 43 percent for the County, 43 percent for the town of Chapel Hill, and 14 percent for Carrboro. He noted that this involves the 86 parcels that did not have sewer when this process was started. Michael Talbert reviewed the managers' recommendations as outlined below: 1. That the Cost associated with preliminary engineering for OWASA sewer infrastructure and community outreach is shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the County contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000. The cost of the preliminary engineering will be shared with the Town of Chapel Hill and the Town of Carrboro. 3. That the County participates in community outreach partnering with organizations such as the Jackson Center and/or the Rogers Eubanks Neighborhood Association (RENA) to identify action steps needed to provide sewer service to the Rogers Road Neighborhood and lay the groundwork for a master plan for the development of the Rogers Road area (including the Greene Tract), not to exceed $50,000. Carrboro, Chapel Hill and the County will share in the cost of this outreach. 4. Consider a budget amendment of$77,400 (43% of$180,000) for the initial engineering and community outreach expected to take 8-10 months to complete. Michael Talbert said the preliminary report that OWASA will provide does not commit the Board to future actions, nor does it jeopardize the EPA investigation. He said the estimates of these costs do not put the Board in any type of commitment for future action. He said this will move toward a firm number of engineering costs and a clear picture of where the project could go. He said there are a lot of changes going on with community development block grant funds in North Carolina. He noted that Commissioner Dorosin alerted staff to the issue that the state was holding a meeting regarding possible allocation of$25 million. He said the information he described for the engineering study is part of the first steps in getting to the point of applying for this grant. He said two staff members attended the meeting on the 28th and he referenced the steps outlined in the memo below: Date: March 3, 2014 To: Michael S. Talbert, Interim County Manager Commissioner Mark Dorosin From: Tara L. Fikes, Director Subject: CDBG Infrastructure Application cc: Orange County Board of Commissioners As you will recall, last Thursday Commissioner Dorosin shared with us information regarding an upcoming application workshop for the new CDBG Infrastructure Grant workshop sponsored by the NC Department of Environment and Natural Resources, the new administrators of this program. He noted that this could be a funding opportunity for the Rogers Road community. Thus, on last Friday, February 28th, James Davis and I attended this workshop in Raleigh to gather information about the program. The room was full at this first of three workshops to be held in the state so it is probably safe to surmise that there is lots of interest in this program around the state. The following is a summary of the information gleaned from this workshop and the critical decision points to be considered should the County wish to apply for these funds for the Rogers Road community. According to their program statement, "the purpose of the Infrastructure Program is to construct public water and sewer infrastructure to mitigate public and environmental health problems in areas where the percentage of low to moderate income persons is at least 51 percent." There is a total of$10 million available for applications submitted by April 1 and another $15 million available for applications submitted by May 1. The maximum award is $3 million dollars over a three year period. The type of wastewater projects allowable that matches most closely the needs in the Rogers Road community is a project that extends public sewer to areas with failed septic systems. With this in mind, below are the critical information needs that must be addressed when considering whether to prepare an application at this time. Budget I. The applicant (local government) must provide "match" funds that will be used for the house connections to the sewer lines and abandoning septic systems. (All houses in the area must be connected to a new system.) Connection funds can come from the applicant's enterprise fund. (Evidence of the commitment of funds must be included in the application.) II. The project budget must be sealed by a professional engineer. Documentation of cost effectiveness of the project is also required. Further, if the grant will not cover the complete project costs, the applicant must provide evidence of commitment of additional funding to meet the budget. (A project budget would need to be developed with funding sources identified and confirmed.) Priority Criteria I. Economic Need (75 points) —This criterion requires that the residential area served by the grant contain at least 51% low and moderate income households, consideration of the poverty rate of the County and the amount of the water/sewer bill relative to the median household income. (Census data, perhaps door-to-door surveys and the OWASA rate schedule will need to be reviewed to confirm compliance with this requirement.) II. Severity of Need (50 points) — For areas where there are failing septic systems, a map delineating the location of failed septic systems must be submitted. Also, there must be a letter from a registered soil scientist or a registered sanitarian verifying the failed septic systems. (To receive the maximum points in this category more than 20% of the systems must be failing. Less than 10% of the systems failing yield 30 points.) III. System Management (17 points) —The system serving the project area must have a Capital Improvements Plan (updated in the last two years) and and/or an Asset Management Plan that includes the proposed sewer project. The operating ratio should be greater than one. (Uncertain of the existence of these plans and the system's operating ratio.) Additionally, in my professional opinion all other requirements of the grant application can be met with the assistance of OWASA and perhaps GIS for mapping in time for the May 1 application deadline. This allows the opportunity for a public hearing on April 15 after the application is developed no later than April 5th. Nevertheless, the timeframe for application development is very short (one month), thus, direction is needed as soon as possible regarding the County's interest in pursuing this application. Should you wish to proceed, I am willing to work to develop this application for a May 1 submission. Michael Talbert said this is on a very fast track, and he noted the application due dates of April 1 and May 1. He said there are several things outlined in the memo, including the engineering study and confirmation of area demographics, which must be done in order to apply. He said the demographic study could be done through the Jackson Center and/or RENA. He noted the need for certification and mapping of failed septic systems. He said this must be planned for in the capital investment plan, and it must be in OWASA's plan. He hopes these steps can be completed this year in order to be in a good position to apply for this next year. He reviewed some of the manager recommendations. He said one of the concerns of the Carrboro Board was that everyone gets a chance to review the documentation, especially for the Jackson Group and RENA, to make sure that the scope of services is what everyone wanted. He noted that the CIP, which comes out in March, will include, in year 2, the potential to fund the sewer if everything is approved and the EPA concludes their investigation. Chair Jacobs said the joint agreement to operate the community center was recently approved, and he thanked Michael Talbert for helping to make this happen. Michael Talbert said the community center is currently out to bid, and staff hopes to bring the bid award back in April. Commissioner Rich asked for an explanation of the ETJ process. Michael Talbert said Rogers Road splits the unincorporated part of Orange County and the part that is in Carrboro in half. He said the Orange County unincorporated section could potentially be in a future Town of Chapel Hill ETJ. He said an initial public hearing has been held and continued. He said his feeling is that the town is waiting to get buy-in that everyone wants to move forward with this. He said the Chapel Hill town attorney has advised that the only way the town can participate is if this is part of the ETJ. He said town is pursuing this and will have to come back to the County for permission. Commissioner Rich thanked Commissioner Dorosin for bringing this information forward. She asked for clarification that it is too soon to do this now, but it will be done for next year's budget. Michael Talbert said yes. He said the sealed project budget estimate, which is pending approval tonight, will take up to 6 months to complete. Commissioner McKee asked the County attorney if there is any way to finesse the timing issue and apply for a hold on some of these funds. John Roberts said for some grants this is possible, but he does not know if that is the case for this particular grant. He can look into this. Michael Talbert said this is a small amount of money for a statewide grant. He said you really need shovel ready projects to complete this application. Commissioner Dorosin referred to the sheet and asked if it is not possible to do a May 1 st submission. Michael Talbert said it is possible to do this, but there is a very slim chance of getting it. He said there are no plans in the CIP and no sealed engineering report. Commissioner Dorosin said he would argue for trying to apply. He said all of this funding is for water and sewer infrastructure. He said the County is going to need to do this anyway, and he thinks it is worthwhile since there is a contract with OWASA, and an engineering contract is expected. He said the website has an income eligibility map and the Orange County section shows Rogers Road as 71 percent to 80 percent low and moderate income, which meets the threshold. He thinks it is critical to apply, and then next year the County would have a shovel ready project. He said this would demonstrate to the community that the County is taking their sewer commitment seriously. He said there may be other grant projects that come up, and this will make the County more prepared and competitive. He thinks this may be another representation to the EPA that Orange County is committed to moving this project forward. He believes the engineering cost should be approved, and staff should be encouraged to move forward with this. Commissioner McKee agreed with Commissioner Dorosin about pushing for this May 1 st deadline. He would also like to see if it is possible to place a hold on some of these funds. He would like to move forward as expeditiously as possible. Commissioner Gordon questioned how much work it would be for staff to move forward on this. Michael Talbert said he has not seen the documentation process, but he assumed that it would be fairly detailed and would require a public hearing to move forward. Commissioner Rich referred to the budget section on page 1. She asked about the statement that all houses in the area must be connected to the system. She asked if this meant people would be forced to connect to sewer. Michael Talbert said the Board will have the opportunity to draw the map that meets the criteria. He said the grant area may be smaller than 86 homes, depending on income levels. He said everyone within the area drawn will have to be connected. Commissioner Rich said at their last task force meeting only about 34 of the 86 homes wanted sewer. She said there is an assumption that everyone wants sewer, and she has concerns about this. She is not saying this shouldn't move forward, but she wants to keep the conversation open and allow residents to have a say on this. She asked if the wording means that this item must be in the CIP for 2013/14. Michael Talbert said this is the implication. He said it has to be in the existing CIP, and it must be funded, and neither of these things has been done. Commissioner Pelissier asked if the application with all of the details would be presented at the public hearing. Michael Talbert said staff would have to define the areas to be served; draw this on the map; do outreach; and provide cost estimates for infrastructure and connection. He said the outreach process would provide much of the information Commissioner Rich was asking about. Commissioner Pelissier asked if every household would need to be notified. Michael Talbert said he does not know at this point. Commissioner Pelissier said it would need to be made clear that this proposal would be a change to what was in the task force report regarding residents being required to be hooked up. Commissioner Price agreed with Commissioner Dorosin and Commissioner McKee and said she would like to apply for the funds. She said information can be pulled from other grants that have been done previously. She said the residents are just anxious to get the sewage out of their front yards. She said, as long as the hookups are being provided, it is more palatable. Michael Talbert said there was a similar application in 2011, and 9 homes were hooked up to sewer and water. He said some of the same documentation could be used to recycle a similar application. Commissioner Price said she was referring to the census information and other descriptive information. She said Tara Fikes' office may have some of this information. Commissioner Gordon said it seems more prudent to give staff time to review the application to see what can be done. She said if staff starts the process of looking into it, no time will be lost. She said the only honest thing to do is to admit that this is not in the CIP, and this will lose 17 points. She said it seems that staff should be asked to look at this and come back in 5 days at the March 11 th meeting with a recommendation of what can be realistically done. Chair Jacobs said Tara Fikes is retiring at the end of March, in the middle of this process. He said there needs to be assurance from the manager that there are sufficient staff members who are knowledgeable enough to execute this. Michael Talbert said, given that there are 20 days to work on this prior to Tara Fikes' retirement, he feels relatively confident that most of the application could be completed before she leaves. Chair Jacobs agreed that this should move forward. He also agrees that every single person who might be affected should be notified and given an opportunity to speak at the public hearing on April 15th, before there are irrevocable decisions made on their behalf. . Chair Jacobs referred to page 4 and the reference to Rogers Road neighborhood. He asked if it should be implied in every situation that references to Rogers Road refers to the historic area. Michael Talbert said yes. Chair Jacobs noted that the final report talks about a broader service area, and he wants it made clear that this is not what is being discussed. He mentioned the 60 acres that the County owns, and he suggested that the Jackson Group look at this area as a low impact recreation amenity for the Rogers Road and surrounding communities. He said there are trails through it anyway, but it could be made to be a more visible, valuable and developed recreational amenity. Chair Jacobs asked how this application process and the CIP and funding commitment will affect the EPA investigation. John Roberts said that the County is not committed until the grants funds are actually expended. He is confident that Orange County is going to emerge from the EPA situation in a positive light and he has received word that the investigation has been concluded. He feels it is safe for the County to proceed with this application. Commissioner Gordon moved the manager's recommendation and suggested the following addition: 5. They direct the manager to investigate the feasibility of this application and to report back to them at a work session on March 11 to There was no second. Commissioner Dorosin noted that the CDBG funds are not scheduled to be awarded until July. He said he thinks it is possible to include this in the plan. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to: 1. Negotiate a cost sharing agreement with the Town of Chapel Hill and Town of Carrboro for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000 based on the Task Force recommendation; 2. Negotiate a contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000; 3. Negotiate a contract and/or participation in a Historic Rogers Road community outreach with RENA and other partners they identify -par-tnering with gani s SUGi as the 'mss— Center and REN to identify action steps to provide sewer service to the Historic Rogers Road Neighborhood and lay the groundwork for a master plan; and 4. Approve Budget Amendment#5-B appropriating $77,400 (43% of$180,000) from General 5. To instruct the manager to prepare CDBG application for submission by the May 1 st deadline. This motion changed bullet number 3 of the Manager's recommendation, as shown above, and added bullet#5. Commissioner Rich asked why the Board would eliminate the Jackson Center from the motion if the task force has identified and voted for them. Commissioner Dorosin said he is not eliminating them, but he thinks RENA should be the party to select the organizations. He said the Jackson Center could be one of those. Commissioner Rich asked how this affects the $50,000 that was already approved by Chapel Hill for the Jackson Center participation. Commissioner Dorosin said Carrboro did not approve that $50,000. Michael Talbert said if the motion is approved as stated, it would have to go back to Chapel Hill and Carrboro before it proceeds. Commissioner Gordon said she would like to amend item #3 in the motion to read as it was stated in the original recommendation. Commissioner Dorosin said he does not accept this. Michael Talbert said the resolution from the town is on page 25, and it does not specify the Jackson Center. Commissioner Gordon said she would like to restore the language in bullet#3, and she proposed a substitute motion to include this language. She noted that this will prevent the other jurisdictions from having to revisit it. Commissioner McKee seconded. Commissioner Rich questioned whether this would have to go back to Chapel Hill if Commissioner Dorosin's motion is approved. Michael Talbert said it would still have to go back to Carrboro, because they have not given approval yet. He said Carrboro wants to make sure RENA is involved in the decisions, and he said the resolution from Chapel Hill does not exclude RENA. Commissioner Rich reviewed the verbiage regarding partnerships and said Orange County would be negotiating with RENA or the Jackson Center. Michael Talbert said yes and other parties also. VOTE to include Commissioner Gordon's amendment. Ayes, 3 (Commissioner McKee, Commissioner Gordon, Commissioner Rich); Nays, 4 (Chair Jacobs, Commissioner Pelissier, Commissioner Price, Commissioner Dorosin). Motion fails Commissioner Gordon asked for a review of the motion. Chair Jacobs reviewed the following motion: 1. Negotiate a cost sharing agreement with the Town of Chapel Hill and Town of Carrboro for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000 based on the Task Force recommendation; 2. Negotiate a contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000; 3. Negotiate a contract and/or participation in a Historic Rogers Road community outreach with RENA and other partners they identify -par-tnering with gani s SUGi as the 'mss- Center and REN to identify action steps to provide sewer service to the Historic Rogers Road Neighborhood and lay the groundwork for a master plan; and 4. Approve Budget Amendment#5-B appropriating $77,400 (43% of$180,000) from General Fund Unassigned Fund Balance for the initial engineering and community outreach expected to take 8-10 months to complete. 5. Direct Michael Talbert to prepare CDBG application by May 1 st deadline VOTE: UNANIMOUS Commissioner Gordon said she voted for this motion because she wanted to show her support for this agenda item. She thinks it is a mistake to remove the Jackson Center. Chair Jacobs said the Board has found in the past, with trying to get grants for parks and open space, that there are almost no other applicants; so he is hopeful this will be successful and can be used for other neighborhoods, as well as for Rogers Road. b. Authorization for Triangle Transit Authority to Levy an Additional Three Dollar ($3) Vehicle Registration Tax in Orange County The Board considered a resolution authorizing Triangle Transit Authority ("TTA") to levy an additional $3 vehicle registration tax in Orange County and authorize the Chair to sign. John Roberts said this is something that the Board has already visited. He said the Board approved the Orange County Bus and Rail Investment Plan in 2012, and in December of 2012 the Board approved by resolution an increase in Triangle Transit Authority's (TTA) vehicle registration tax on vehicles in Orange County. He said TTA currently levies a $5 registration tax. He said TTA wants to increase this to $8, which is the full amount that is statutorily authorized. He said the Board authorized this, but when TTA tried to levy tax, the statute would not allow them to levy it unless all the entities approved it. He said Durham County and Orange County approved it, but Wake County would not. He said TTA went back to the legislature to amend the statute to allow individual Counties to give authorization for increases within that County. He said the previous Board approved it, and TTA is asking for approval again. Commissioner Pelissier noted that the change in the legislation was a technical correction. Commissioner McKee said, in order to be consistent with his prior votes, he would vote against this. RES-2014-015 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO LEVY THE FULL EIGHT DOLLAR ($8.00) VEHICLE REGISTRATION TAX ON MOTOR VEHICLES REGISTERED IN ORANGE COUNTY WHEREAS, the Orange County Board of Commissioners has adopted the Orange County Bus and Rail Investment Plan; and WHEREAS, the Orange County Bus and Rail Investment Plan provides for the levy and disbursement of the full amount of the eight dollar ($8.00) motor vehicle registration tax authorized by North Carolina General Statute (NCGS) §105-561(a); and WHEREAS, pursuant to NCGS §105-561(a) the Research Triangle Regional Public Transportation Authority currently levies a motor vehicle registration tax of five dollars ($5.00) on motor vehicles registered in Orange County and desires to levy the full amount; and WHEREAS, the Research Triangle Public Transportation Authority has created a special tax district consisting of Orange and Durham counties for the purpose of increasing the motor vehicle registration tax in those counties by three dollars ($3.00) as provided in NCGS §105- 561(d); and WHEREAS, the Research Triangle Public Transportation Authority Board of Trustees conducted a public hearing on the proposed increase in the tax rate in accordance with NCGS §105-561(b)(1); and WHEREAS, the Research Triangle Public Transportation Authority's Special Tax Board, pursuant to NCGS §105-561(b)(2), adopted a resolution approving the three dollar ($3.00) increase in the tax rate in the special tax district to the full amount of eight dollars ($8.00). NOW, THEREFORE, BE IT RESOLVED, that it being in the best interest of the citizens and residents of Orange County, the Orange County Board of Commissioners hereby authorizes and approves the levy of an additional three dollars ($3.00) of the motor vehicle license tax as authorized by North Carolina General Statute §105-561. This, the 6th day of March 2014. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier for the Board to approve and authorize the Chair to sign the resolution. VOTE: Ayes, 5 (Chair Jacobs, Commissioner Gordon, Commissioner Rich, Commissioner Pelissier, Commissioner Dorosin); Nays, 2 (Commissioner McKee and Commissioner Price) 8. Reports NONE 9. County Manager's Report NONE 10. County Attorney's Report John Roberts said there was another tax that DMV failed to collect from July 1 to late September, 2013. He said he received communication from DMV that this shorted Orange County $90,000 in collections. He said he will be discussing this with the Board in the near future. 11. Appointments NONE 12. Board Comments Commissioner Dorosin — none Commissioner Gordon — none Commissioner McKee — none Commissioner Rich said she and Commissioner Price were at the NACo conference in D.C., and she spent a lot of time in the technology areas. She will be sending a memo about this. She said there was a lot of good technology work in some of the counties, and she feels Orange County is a little bit behind and should be more engaged in this. Chair Jacobs encouraged the practice of sending memos with information when a Board member attends a conference like this. Commissioner Rich said she will do this, and it will include links to some of the things she participated in. Commissioner Pelissier said she attended a private/public partnership conference through the Triangle Transit Board. She said Triangle Transit requires board members to submit a written report and to give a verbal report at meetings. She said there was some discussion about the fact that many public officials in N.C. don't understand public/private partnerships. She said it may be a consideration in the future to get familiar with this topic. Commissioner Price said she attended a workshop where there were complaints that the community colleges do not offer everything that is needed. She said the two attendees from North Carolina spoke up on behalf of the state's dynamic community colleges. Commissioner Price said she has a county tracker for economic development that she will give to the clerk. Chair Jacobs said the agricultural summit was held last week. He said it was a full house and the responses were positive. 13. Information Items • February 18, 2014 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Monthly Enforced Collections • BOCC Chair Letter Regarding Petitions from February 18, 2014 Regular Board Meeting 14. Closed Session DEFERRED "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." 15. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Price to adjourn the meeting at 8:23 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna Baker Clerk to the Board