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HomeMy WebLinkAboutMinutes 04-17-2012 APPROVED 8/21/2012 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING April 17, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 17, 2012 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill. N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Gwen Harvey, and Michael Talbert and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) 1. Additions or Changes to the Agenda Chair Pelissier made reference to the items at the County Commissioners' places. - Blue sheet— proposed modification to item 4-c from Commissioner Jacobs — Draft Resolution Regarding Hydraulic Fracturing in North Carolina - Yellow sheet— updated information for item 7-a — Sales Tax Distribution - Aqua sheet— update on the Emergency Services Work Group progress (requested by Commissioner Gordon) - White sheet— information that will be addressed by the County Manager during his report Chair Pelissier said that she needs a motion to approve changes to the agenda to defer item 5-d until May 1St. Also, item 5-g needs to be deferred for staff to resolve some details. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve the proposed changes to the agenda. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members NONE 4. Proclamations/ Resolutions/ Special Presentations a. Special Recognition for the Carol Woods Retirement Community The Board recognized the Carol Woods Retirement community for its continuing financial contribution to Orange County. Financial Services Director Clarence Grier said that Carol Woods is a non-profit retirement community located in Chapel Hill. Since FY 2002-03, Carol Woods has been exempt from paying property taxes, but it has continued to make a contribution to Orange County's general fund for the budgetary needs. The contribution has been $1.9 million over the past nine fiscal years. Pat Sprigg thanked the County for the recognition. b. The Week of the Young Child Proclamation The Board considered a proclamation designating April 22-28, 2012 as The Week of the Young Child and authorizing the Chair to sign. Margaret Samuels, Executive Director of Partnership of Young Children, read the proclamation: PROCLAMATION THE WEEK OF THE YOUNG CHILD April 22-28, 2012 WHEREAS, the Orange County Partnership for Young Children and other local organizations are celebrating April 22-28, 2012 as The Week of the Young Child in concert with the national theme of `Early Years are Learning Years'; and WHEREAS, these organizations are working to improve early learning opportunities which are crucial to the growth and development of young children and to building better futures for everyone; and WHEREAS, making sure children are ready to learn is a community endeavor that involves parents, child care providers, policy makers, businesses, congregations and community agencies; and WHEREAS, early care and education is a viable economic development strategy that nurtures the beginning of the talent pipeline workforce based on research that confirms that children with early learning success are more likely to finish school, more likely to attend college, and more likely to be employed; and WHEREAS, high-quality early care is critical to Orange County successfully supporting the current workforce, and specifically a majority of families with young children, that relies on child care to work, to reduce employee absenteeism and turnover, and to support the school readiness of our youngest children; and WHEREAS, teachers and others who make a difference in the lives of young children in Orange County deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to young children's futures; NOW THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby recognize that `Early Years are Learning Years' and that the ages of birth to 5 are the most critical time in children's development and build the foundation for later success in school and life. BE IT FURTHER RESOLVED that we hereby proclaim April 22-28, 2012 as The Week of the Young Child in Orange County, and express our appreciation to those organizations and individuals who on a daily basis change the landscape of early childhood care for County residents to benefit current and future generations of young children and their families. This the 17th day of April 2012. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the proclamation designating April 22-28, 2012 as The Week of the Young Child and authorize the Chair to sign. VOTE: UNANIMOUS Commissioner Jacobs said that the County Commissioners met with their legislative delegation yesterday and they brought forth their concerns about state cuts for support of childcare in Orange County. c. Draft Resolution Regarding Hydraulic Fracturing in North Carolina The Board considered a draft resolution regarding the potential extraction of shale gas resources in North Carolina. Chair Pelissier said that there is a proposed modification to the resolution from Commissioner Jacobs at their places. Department of Environment, Agriculture, Parks, and Recreation Director Dave Stancil said that this has been a hot topic recently with the rising costs of energy. There have been some new developments in looking at horizontal drilling/hydraulic fracturing. He said that staff has provided information from the Department of Natural Resources that speaks to the shale gas potential in Chatham and Lee Counties. He said that this resolution addresses that until more is known about fracturing to hold off on any type of activity. Dave Stancil read the resolution with Commissioner Jacobs reading the proposed modification: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Shale Gas Development in North Carolina WHEREAS, the organic-rich shale deposits located in the Triassic Basins of North Carolina appear to contain potentially significant quantities of natural gas; and WHEREAS, a portion of Orange County is located in the Durham sub-basin of the Deep River Basin of Triassic age; and WHEREAS, North Carolina has historically had essentially no history of oil or gas exploration and development, and neither horizontal drilling or well fracturing are currently allowed in North Carolina; and WHEREAS, potential exists for the contamination of scarce surface water and groundwater resources, given some of the materials and procedures that are utilized to recover natural gas from deposits that were formerly unrecoverable; and WHEREAS, millions of gallons of water are routinely used for the hydraulic fracturing of each natural gas well, and the resulting wastewater, which typically contains elevated concentrations of salts, metals and other compounds, possibly including naturally occurring radioactive materials, must be disposed of properly; and WHEREAS, Orange County continues to participate in regional efforts to protect surface water resources, as well as plan for the utilization of these resources, throughout the Triangle region in a cooperative, safe, and sustainable manner; and WHEREAS, the lack of experience and regulatory protections in North Carolina means that several aspects of these practices must be thoroughly studied in order to develop the adequate and appropriate regulations that must be in effect to safely permit the exploitation of shale gas resources in North Carolina; NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners does hereby urge the North Carolina General Assembly to maintain existing laws and regulations that prevent the use of horizontal drilling and hydraulic fracturing in the State and to take no action that would weaken these laws and regulations before it is fully demonstrated that North Carolina public health, waters, land, air, economy, and quality of life can be protected from impacts that may occur by allowing the development of shale gas resources in the state. BE IT FURTHER RESOLVED, that, should the State authorize hydraulic fracturing, local governments should retain some regulatory authority regarding proposed drilling-related activities as they affect water resources and previously identified significant natural areas, through land-use and other established regulation. This the 17th day of April, 2012. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the resolution regarding the potential extraction of shale gas resources in North Carolina with the proposed modification in wording by Commissioner Jacobs. VOTE: UNANIMOUS 5. Consent Agenda • Removal of Any Items from Consent Agenda Chair Pelissier said that the McPherson family is here in reference to item 5-f— Enhanced Voluntary Agricultural District Designation: McPherson Farm. The Board agreed to pull this item for separate discussion. Item 5-d — North Carolina Tomorrow Grant Award —was deferred until the May 1 st meeting. Item 5-g — Fiscal Year 2011-12 Budget Amendment#8 was removed. • Approval of Remaining Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda f. Enhanced Voluntary Agricultural District Designation: McPherson Farm The Board considered an application from the McPherson family to certify its farm as qualifying farmland within the Cane Creek/Buckhorn voluntary agricultural district, and designate it as an Enhanced Voluntary Agricultural District. Dave Stancil said that this is the first voluntary agricultural district designation of its kind. The family thanked the Board of County Commissioners for supporting agriculture in Orange County. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to approve an application from the McPherson family to certify its farm as qualifying farmland within the Cane Creek/Buckhorn voluntary agricultural district, and designate it as an Enhanced Voluntary Agricultural District. VOTE: UNANIMOUS Commissioner Jacobs said that adding this farm pushes Orange County to more than 3,000 acres of preservation. g_ Fiscal Year 2011-12 Budget Amendment#8 The Board considered approving budget, grant, and capital project ordinance amendments for fiscal year 2011-12. Clarence Grier clarified that since item 5-d was deferred, this item needs to be deleted from item 5-g. Also, for item 6, Lands Legacy, it should be FY 2011-12 Current Available Budget. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve Budget Amendment#8 for Aging, Social Services, Emergency Telephone System Fund, Economic Development, County Capital Project Ordinance, School Capital Project Ordinance (Elementary #11), and Cooperative Extension (4-H Fund), without the North Carolina Tomorrow Grant Award amendment and to approve the change in wording for item 6, Lands Legacy, as requested by Clarence Grier. VOTE: UNANIMOUS a. Minutes — None b. Motor Vehicle Property Tax Release/Refunds The Board accepted the report reflecting the 28 motor vehicle property tax release/refunds requested in accordance with the NCGS and approved the refund resolution, which is incorporated by reference. c. Property Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to twenty-nine (29) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. d. North Carolina Tomorrow Grant Award This item was deferred to the May 1St meeting. e. Renewal of Urban Curbside Recycling Services Contract The Board approved the addendum with Waste Industries to continue the provision of Urban Curbside Recyclable Materials Collection Services and authorized the Chair to sign the contract addendum. f. Enhanced Voluntary Agricultural District Designation: McPherson Farm This item was removed and placed at the end of the consent agenda for separate consideration. g_ Fiscal Year 2011-12 Budget Amendment#8 This item was removed and placed at the end of the consent agenda for separate consideration. 6. Public Hearings a. Orange County Transit Plan Public Outreach The Board received public comment on the Orange County Transit Plan prior to the Board's adoption of the draft plan tentatively scheduled for May 15, 2012. Craig Benedict relayed all transit representation in attendance. Various representatives shared the PowerPoint presentation. There will be two informal public sessions in April. Orange County Transit Plan Overview Public Input Session April 17 2012 Purpose of Tonight's Meeting • To provide information on: • Authorizing Legislation • Sales and Vehicle Registration • Intent of Legislation: Equity • To receive public comment on the Orange County Transit Plan including: • Plan expenditures • Light Rail • New and Expanded Bus Service (Provided by CHT, TTA and OPT) • Martin Luther King Jr. Blvd Bus Lanes • Small Capital Projects (Hillsborough Train Station, Park and Ride, etc) • Enhanced vs. Core Plans Congestion Relief and Intermodal 21St Century Transportation Fund • Passed in July 2009 0 Authorizes a county to: • Hold a referendum on a '/2 cent sales and use tax to fund public transportation • Increase the county vehicle registration fee up to $7.00 • Authorizes a Regional Public Transportation Authority to: • Increase the vehicle registration fee by and additional $3.00 • To levy tax, these requirements must be met: • Approval of County Commissioners • Develop and approve a financial plan in conjunction with Triangle Transit • Adoption by Metropolitan Planning Organizations • Adoption by Triangle Transit Board • County public hearing prior to referendum • Referendum passed by voters Special Orange County Considerations Relating to the Legislation: - Orange County intends to adopt a unique joint agreement with Triangle Transit to set the timing of the tax levy - Cost sharing agreement with Durham County regarding Light Rail costs Cent Sales Tax O '/2 cent sales tax will add 5 cents to a $10 retail purchase. O Food, pharmaceuticals, gasoline, housing and health care are exempt from the sales tax. VEHICLE REGISTRATION TAX - Orange County is authorized to impose a Vehicle Registration fee of$7.00 that can be used to support existing services. Orange County Draft Plan Overview - Background - Core Plan • Bus Capital Investment (2013-2017) • Bus Services (2013-2017) • Intercity Rail Station in Hillsborough (2015/2016) • Bus Lane(s) on MLK in Chapel Hill (2019) - Enhanced Plan • Core Plan • Light Rail Transit (2026) Background Special Transit Advisory Commission (STAC) recommendations (2008) DCHC-CAMPO Joint 2035 Long Range Transportation Plan Adopted (2009) NC House Bill 148:Congestion Relief& Inter-modal 21st Century Transportation Fund (2009) Option of/2 sales tax (referendum required) for public transportation purposes in Triangle and Triad Option of/4 cent sales tax (referendum required) for public transportation purposes in all other NC Counties Option of vehicle registration fee increase (up to $7) for public transportation purposes in all NC Counties Agency & Public Involvement Major Corridor Planning: 3 Sets of Public Workshops totaling 19 meetings June and Sept 2010; March 2011 Multiple locations in Orange County Bus Planning Onboard-bus customers surveys Short Range Transit Plans Transit Agency Staff Input Call Center Data: "Does the bus go to ?" Bus Capital Investment: $6 Million over 5 Years Bus Services: 34,650 hrs Implemented by 2017 Bus Services: Proposed Apportionment by Agency (chart) Intercity Rail: Hillsborough Train Station - Access from Hillsborough to Durham, Raleigh, Greensboro, Charlotte, more NC cities 4 times/day - Direct service to NYC, DC, Richmond via Carolinian - $4 to $8 million in investment MLK Bus-Only Lanes by 2019 - From 1-40 area to Estes Drive - Will improve access to main campus and Carolina North Craig Benedict reviewed the new schedule. Tonight is the second formal public hearing. There will be two open houses starting on April 23 d from 4-7 p.m. at Extraordinary Ventures and the repeat will be on April 30th in Hillsborough from 4-7 p.m. at the West Campus Office Building. He said that last year they created a prioritization of about 50,000 bus hours and they now have had to reduce this to 36,000 hours. This information will be formally presented along with the bus element of the plan to the Board of County Commissioners on May 3 d at its work session. The next very important meeting will be May 15th, where the Orange County Transit Plan, financial plan, Durham/Orange County cost share agreement, and the implementing agreement will be discussed. Finally, on June 5th, there will be a public hearing on the '/2-cent Public Transit Tax referendum. There will also be a decision at that time on the referendum. PUBLIC COMMENT: Gerry Cohen read a prepared statement. "My name is Gerry Cohen. I resided in Orange County from 1968 to 1984, and have lived in Wake County since then. I served on the Chapel Hill Town Council from 1973 to 1979 and have served on the Chapel Hill Transportation Board, the Raleigh Transit Authority and the City of Raleigh Passenger Rail Task Force. I served on the Special Transit Advisory Commission (STAC), and staffed the legislative commission which recommended the Regional Transit tax and referendum bill that is up for your consideration. I was involved in the start-up of Chapel Hill Transit in 1974 and the successful transit property tax referenda in Chapel Hill in 1974 and Carrboro in 1975. My wife has lived in Durham, Orange, and Wake Counties since 1977, and my father lived in Orange County from 1941 to 1943. 1 urge you to place the issue before the voters of Orange County in a referendum. The local motor vehicle registration fee that you can separately implement will be totally up to local discretion within Orange County on its expenditure, but the half-cent sales tax is a part of a regional plan to improve mobility within and between the three Triangle counties. The authorization was approved by wide margins in the General Assembly after a comprehensive study. The proposed light rail between Durham and Orange County will be built ONLY if there is federal funding. While we do not know if this will be approved by Congress, we do know that without a successful referendum it will not be approved. Regardless, in the early years the sales tax money will be used, as it was in Mecklenburg County in the eight years before their light rail opened, for a rapid expansion of inner-city and intra-city bus service. The light rail is currently planned to stop at UNC Hospitals because that is the biggest employee and visitor destination in the county. A stop at the Smith Center will also serve events there and at Kenan Stadium. Durham County voters approved by a more than 60-40% margin last October the tax based on the plan for expansion of bus service, light rail to Orange County, and commuter rail to Wake County. I know there is concern with rural vs. urban issues within Orange County, but this is at heart an urban transit program. You should simultaneously be urging a greater proportion of your bus funds with the registration fee and bus hours under the sales tax to improve mobility for your many rural residents who work in Chapel Hill, Carrboro, and Durham, and connectivity along the Mebane-Hillsborough-Durham corridor. Rural vs. urban funding was an active issue 40 years ago when I held elective office in Orange County—for example, Chapel Hill and Carrboro residents pay through their property tax most of the costs of the Sheriff's Department, yet its patrolling benefits almost solely the unincorporated areas. Additionally, the sales tax allows capture of revenue from many Chapel Hill/Carrboro residents who may live in tax exempt housing but are consumers. I'll also echo past remarks of some residents who may in fact not favor the tax itself— let's vote at the time of highest turnout, not in the 2013 municipal elections. Let's look at the big picture." Jason Baker asked on behalf of the Orange/Chatham Sierra Club to place this item on the referendum for the public to vote on. He said that he is a commuter by bus on a daily basis to Raleigh but buses are not enough because of traffic congestion. He said that they need light rail and people need to be given a choice. It is important to move forward as soon as possible. Harry Johnson is a member of the Tarheels for Transit at UNC and he said his roommate graduated from UNC Asheville in 2009 and now lives in Chapel Hill and has trouble finding a job, so he works weekends and nights and does not have a car. Since he does not have a car, this limits his options and the area needs more bus hours and light rail. Travis Creighton echoed what had been said. He said that buses are not enough. He asked the Board to put this referendum on the ballot. Marty Mandell said that the heart of this issue is growth. She said that light rail in Orange County would not be improving the quality of life at this time. She would like Orange County to get better and not necessarily bigger. She is in favor of a green solution. She suggested a loan guarantee program for fuel-efficient cars. She also suggested a for-profit ride share program for commuters. She said that she does support the '/2-cent sales tax, but she hopes it will be used in the right manner. Will Raymond thanked the County Commissioners for slowing down this public input process. He said that he is not against robust regional transit options. He is asking the County Commissioners to be selfish with the Orange County tax dollars. He said that, as an economic driver, the transit plan fails. He asked who this would profit and said that the only thing he can come up with is that Durham will profit the most from this. He said that the 15- 501 corridor has the best economic options, but the economics of it have not been quantified. He would like to see how many properties there are in this corridor, who owns them, and who stands to benefit if the alignment is on 15-501. He said that until this question is answered, the Board should not move forward with the referendum. Bonnie Hauser read a prepared statement from Julie McClintock (Chapel Hill resident and former member of the Chapel Hill Town Council) Statement to Orange County Commission: I favor common sense transit. I call on the County Commissioners to rethink the Transit Plan and Financial Plan for funding it. Given that the Commissioners are considering adding yet another tax we need to be reassured that the Transit plan and route makes sense. A route that misses most commercial nodes in Orange County will not benefit our economy or help people get places they are going. We all know a long time horizon is needed to do big important projects. However, sometimes plans such as TTA's by now ancient route and plan to provide light rail from Durham to Chapel Hill becomes out-moded and can be overtaken by new growth patterns and more pressing needs of the population. Add to that fact, we need to make smart choices in uncertain economic times. We want common sense transit and don't want to see our tax money poured down the drain toward a modal choice and route that won't serve most citizens. I do not believe that a strong case can be made to tax ourselves to support a light rail system. The County needs to put our precious resources toward a rapid bus system before we support expensive technologies that will not solve our congestion problems. I attended all the East 54 workshops. The Consultants on the East 54 study said less than 1% of the congestion on 54 would be relieved by the building of the proposed light rail. Please consider revamping the funding plan that presently puts over 90% of the money toward an inflexible expensive technology incapable of serving a county that is still remarkably rural. Rail lines need to be built were the people are. The majority of any tax that is approved by the votes should put the majority of funding toward rapid bus service which is much more suited to meeting the needs of Orange County. I encourage the Commissioners to adopt a plan that the majority of Orange County voters can support. Thank you. Julie McClintock 614 Beech Tree Ct Chapel Hill, NC 27514 919-967-3661 mcclintock.iulie(a-)-gmail.com Stewart Boss said that he is in support of this plan and there is demand for this service. He said that he rides the bus every day to UNC. He said that this plan would reduce air pollution and congestion. Glen Wilson said that he believed that the Transportation Advisory Committee unanimously supported the light rail. Geoffrey Green lives in Orange County and he and his wife spend a lot of time on the UNC Campus. He said that they both use the bus and he is in support of placing this item on the ballot. He said that UNC is the County's largest employer, and improved access to the medical center is critical. He said that the transit plan is not a light rail plan, but a transit plan, and the enhanced bus service will go into effect long before the light rail is constructed. Katie O'Donnell is a UNC student and she urged the County Commissioners to put this item on the ballot, since students now depend on bikes and buses. Tait Chandler said that buses are good now but they do not do late night runs and he would not be here tonight if it had not been for his friend. He said that population growth makes enhanced bus service a need. Jasmine Ruddy said that she is a student at UNC and said that a public transit system would decrease gas consumption, which would improve air quality. Chris Weaver said that he is an Orange County taxpayer and resident. He thanked the Board of County Commissioners for holding the upcoming information sessions. He said that he would like the County Commissioners to be at the public information sessions because three minutes at a time is not very helpful. Chair Pelissier said that she would be attending the public information sessions. Olivia Sanders is a UNC student and said that she relies heavily on public transit. She is also in favor of the regional plan. She said that improving student access is really important at night and during weekends. She hopes to see this referendum on the ballot. Thomas Tillett said that he lives in Orange County and he supports the transit tax. Will Leimenstoll said that he is a UNC student and Student Body President and he did not have a car for awhile, so he is in favor of this plan to increase bus service. He said that the light rail would open up UNC students to be able to enjoy the region. Jeanne Brown lives in southern Chapel Hill and said that she is so glad to hear support for the increased bus service. She said that she wished the information sessions would have come before the public hearings. She said that she understood that the bus monies come after the light rail monies. She said that she has heard a lot tonight about the bus system but not much about light rail. She wants to make sure that adequate funding is guaranteed for bus service. She would like to see public transit that would easily transition to light rail if and when the community grows large enough to support it. She said that it appears that 1 million is the magic population number to support light rail systems. Wilson Lamb said that this is preposterous, in the midst of the largest decline in real estate and underfunded schools. He said that in Chapel Hill there are buses that are underused. He said that he does not approve spending tax money—the county's or the federal government's - on transit. He asked that they fix what they have now— roads, schools, etc. Ruby Seinrich supported the comments of the students. She spoke in support of the environmental benefits of public transit. She said that this transit tax is a no-brainer. Commissioner Gordon told the public that if they have additional written comments, that they should submit them to Planning Director Craig Benedict. Commissioner McKee said that he would definitely be at the public information sessions. He said that he continues to oppose the light rail component. He is in favor of bus rapid transit. Commissioner Jacobs made reference to the public hearings and said that when the County Commissioners meet on May 15th to approve the plan, they will welcome public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee that at these public session meetings that proposed possible park and ride lots be added to the maps that would allow rural residents to get to one of the bus lines. VOTE: UNANIMOUS Patrick McDonough said that Triangle Transit is 90% completed with adding this to the maps and they will be ready by April 23,d Commissioner Gordon said that there is a core plan and an enhanced plan. She thinks that the public should be given more complete information concerning the difference between the core plan and the enhanced plan. The core plan is the one that will be used just in case the federal funds and state funds do not come through. The enhanced plan is the more comprehensive plan which includes light rail. She suggested having this information in writing. Commissioner Yuhasz said that he attended a community forum tonight in Hillsborough and that was why he was late tonight, and this topic of transit and serving the needs of the rural residents was important to them. b. Amendments to Unified Development Ordinance WDO/Zoning 2012-08) — Stormwater The Board received the Planning Board's recommendation, closed the public hearing, and considered a decision on state required text amendments to the Unified Development Ordinance (UDO to meet the Falls Lake/Jordan Lake stormwater new development rules. Stormwater Resource Officer for Orange County Planning Department Terry Hackett introduced this item. The proposed stormwater text amendments were heard at the February 27, 2012 Quarterly Public Hearing. The purpose of the proposed amendments is to meet state required Falls Lake and Jordan Lake new development rules. The state's Falls Lake rules became effective January 15, 2011 and the Jordan Lake rules became effective August 11, 2009. To meet these rules, the state requires local governments to adopt specific stormwater standards, including nitrogen and phosphorus limits. After discussing the proposed amendments, the Planning Board unanimously voted to recommend approval of this item. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to receive the Planning Board's recommendation and to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to adopt the Amendments to Unified Development Ordinance (UDO/Zoning 2012-08) — Stormwater as contained in Attachment 2. VOTE: UNANIMOUS C. Review of Proposed UDO Text Amendment— Modification of Appeals Language The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on a Planning Director initiated Unified Development Ordinance text amendment. Michael Harvey said that this was presented at the February 27, 2012 QPH. NO PUBLIC COMMENT A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to receive the Planning Board's recommendation and to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to adopt the Ordinance of Approval for the UDO text amendments contained in Attachment 2. VOTE: UNANIMOUS d. Review of Proposed UDO Text Amendment— Political Signs The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on a Planning Director initiated Unified Development Ordinance text amendment. Michael Harvey introduced this item. There were no comments made at the public hearing about this issue. The Planning Board voted unanimously to approve this item. He said that Commissioner Yuhasz recommended some word changes and the Attorney has reviewed these and there are no issues with the changes. Commissioner Yuhasz asked to change language in section 8, which says, "Political signs shall only be allowed within rights-of-way of the state highway system in accordance with state law." He said that this could be interpreted to mean that this is the only place that the signs are allowed. He suggested moving the word "only" to follow the word "system" so that it would read, "Political signs shall be allowed within rights-of-way of the state highway system only in accordance with state law." PUBLIC COMMENT Wilson Lamb asked about the state highways and if this is all the roads in Orange County. He said that he thinks this is a bad idea. Michael Harvey said that according to the session law, there are limitations as to where and when the signs can be erected. A motion was made by Commissioner Foushee, seconded by Commissioner McKee to receive the Planning Board's recommendation and to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to adopt the Ordinance of Approval for the UDO text amendments with the suggested word change. VOTE: UNANIMOUS e. Zoning Atlas Amendment— Buckhorn-Mebane Area The Board received the Planning Board's recommendation, closed the public hearing, and considered a decision on a County initiated rezoning of approximately 232 acres land in the Buckhorn-Mebane area for properties currently zoned either Rural Residential (R-1) or Agricultural Residential (AR) and proposed for the Office/Institutional (0/1) zoning district. Craig Benedict said that this item involves two areas within Orange County— south of 1- 85/1-40 near the City of Mebane jurisdiction and the county line (117 acres) and south of 1-85/1- 40 and west of Buckhorn Road (150 acres). Both of these parcels were at the February 27th Quarterly Public Hearing. There were some comments from the public. The staff will be working with NCDOT to make sure that the access along Buckhorn Road is proper. Staff still believes that Office/Institutional is appropriate for all properties in this area. The Planning Board reviewed this in March and unanimously approved the rezoning. This is consistent with the County's Comprehensive Plan. PUBLIC COMMENT: Matt Lawrence spoke on behalf of a Haw Mills Presbyterian Church. He said that the church did not receive any notification of this rezoning from Orange County. He said that there is a 1'/2-acre parcel adjacent to 1-85 and this is owned by the Wilson family. This is important because this parcel is where the church was formed in the 1700's. This parcel has numerous unmarked grave sites, some as simple as a pile of rock. He asked that the developers be sensitive to the development of this parcel and would work to help maintain the historical importance of the site. He asked that this property not be included in the rezoning as there is no development potential for the property. Chair Pelissier asked staff to clarify on the map in their packets what parcel Mr. Lawrence spoke to. Craig Benedict gave an overview of this parcel at Wilson Road. There is a telecommunications tower on the parcel. He said that the owners have told him that during a development plan that access to that site would be provided by a private easement. Commissioner Yuhasz asked if there would be a problem with not including this parcel. Craig Benedict said that if it remains Agricultural/Residential, the difference in uses would require larger buffers. There would have to be a five-acre area around a one-acre site. Commissioner Jacobs said that there is a cultural inventory and this parcel is on it and will be protected. He said that this parcel should be protected and ok even though it is rezoned. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to close the public hearing. VOTE: UNANIMOUS Commissioner McKee asked about the owners being amenable to providing an easement and Craig Benedict said yes. Frank Clifton said that they would need to make sure that the property changes hands and someone comes forward with the development plan that encompasses an easement to reach that property. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to adopt the ordinance contained in Attachment 3, which approves the rezoning, recognizing the historical and cultural significance of the parcel — Hawfields Presbyterian Church — and the need to provide access should development take place on adjoining properties. VOTE: UNANIMOUS f. Amendments to Unified Development Ordinance (UDO/Zoning 2012-01) The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on Planning Director initiated amendments to certain sections of the Orange County Unified Development Ordinance. Shannon Berry, Special Projects Planner, said that this is also a series of amendments to the Unified Development Ordinance. This item was also heard at the February 27th Quarterly Public Hearing. The proposed amendments are intended to broaden the development options in the Buckhorn Economic Development District and other targeted areas of the County designated as Economic Development transition Activity Node and Commercial- Industrial transition Activity Node. The proposed amendments include allowing for more retail and service uses within the EDD-1 classification. The Planning Board voted unanimously to recommend approval of the proposed amendments. Commissioner Gordon made reference to page 12 of the packet and asked why the language in 5.2.1 is changed. Shannon Berry said that because of the reduced list of exclusions to the two land use classifications —the Economic Development Transition Activity Node and the Commercial- Industrial Activity Node —the text needed to be amended to the table to clarify what is excluded within those two classifications only. John Roberts said that the only thing this language change does is refer you back to Section 5.1.4(E) and lists the exclusions there. NO PUBLIC COMMENT A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to receive the Planning Board's recommendation of approval and to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to adopt the Ordinance of Approval for the UDO amendments contained within attachment 2. VOTE: UNANIMOUS 7. Regular Agenda a. Sales Tax Distribution Method for Fiscal 2012/2013 The Board reviewed Sales Tax Distribution Options and considered options for the Orange County distribution of local option sales tax for fiscal year 2012/2013. Michael Talbert made reference to the yellow handout, which was the revised abstract. He went through the various tables. Commissioner McKee said that he was under the assumption that the way they are handling this now is how it has always been done and staff answered yes. Commissioner Hemminger said that she is in favor of leaving it as is. Chair Pelissier said that last week at the TJCOG meeting there were some Mayors that said they were told that they would be losing $1 million. She said that this is not right when folks are doing their budget and Orange County would not ever change this formula in April, but way in advance if they ever would change it. Michael Talbert said that these numbers are certified in March by the state. Commissioner McKee said that the County should continue to operate as is. Commissioner Yuhasz said that if the County was contemplating a change, this discussion would have been in the fall. He said that as more retail comes in, he wants to make sure this is the most equitable way to distribute these sales taxes. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to use the population method for the distribution of sales tax revenues for FY 2012-13. VOTE: UNANIMOUS 8. Reports a. Official's Guide to Emergencies and Disasters The Board received a guideline assisting the Board before, during and following disasters. Emergency Services Director Frank Montes de Oca also introduced Darshan Patel, Emergency Management Specialist. He said that this document is intended only as a guide. He said that in 2011, Emergency Services conducted two tabletop exercises, which were focused on the internal operations and capabilities in the event of a disaster. 9. County Manager's Report Frank Clifton distributed an email/attachment from the Town of Carrboro about a water and sewer line issue. There is a failing line in downtown Carrboro that affects several businesses. There has been an application for a grant through the State and it appears that it may be awarded. If the County approves the agreement, some of the '/4-cent sales tax revenues will be used and the County will participate 50% with the Town of Carrboro on this project. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to authorize the staff to move forward on this issue and for the County to be a partner with the Town of Carrboro. VOTE: UNANIMOUS 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 Hemminger, seconded by Commissioner Yuhasz to appoint Keith Cook to a first term ending June 30, 2014. VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon said that she gave the Board her report by email regarding the Transportation Advisory Committee. Commissioner Jacobs asked staff about Carrboro's plan at the intersection of Old NC 86 and Eubanks Road, which is also within Orange County's purview as far as joint planning. He would like to know what Orange County is doing to participate. Commissioner Jacobs made reference to the Burlington-Graham MPO and the county's proposal that Orange County have a seat on the MPO. It was approved unanimously by the Burlington-Graham MPO that Orange County have a seat on this MPO. Commissioner Hemminger said that she attended many community and political events over the weekend, but the largest one was helping to serve food in Carrboro. Over 630 people attended. Commissioner Foushee — none Commissioner McKee said that he had the pleasure of attending the first production in the new Stanford Middle School auditorium. The Principal asked him to convey the thanks to the County Commissioners for supporting this. Commissioner Yuhasz said that he attended the groundbreaking for Orange Grove's Fire Station #2 on Sunday. He said that he will also be attending another meeting to discuss governance for the Greater PBH Mental Health. This continues to move along. PBH is now in charge of providing payment for services provided by OPC. Chair Pelissier said that last week he and Frank Clifton met with the Sheriff about his annual evaluation. Chair Pelissier mentioned a few highlights. Last week at the Triangle J meeting of Mayors and Chairs, an economics professor at N. C. State provided highlights of the economic outlooks, both short-term and long-term. Chair Pelissier made reference to a letter that was sent regarding the 2040 Long Range Transportation Plan to the NCDOT, which said that the County Commissioners do not want any local property sales tax to support statewide transportation systems. 13. Information Items • April 3, 2012 BOCC Meeting Follow-up Actions List • Update on Emergency Services Workgroup Progress Commissioner McKee said that there was a request for this update. There were several options before the workgroup. With respect to the Southern Triangle Fire District, the workgroup decided that for the immediate timeframe to not move forward with anything except giving notification to 112 homeowners and the fire departments involved in the southern Triangle area that they will continue for the next year under their current contract and then the contract will be renewed in a comprehensive way for that area. It is much more complicated and involved than they originally thought. Commissioner Jacobs asked that when they get the report that it lists who is absent at these meetings. Commissioner Gordon made reference to the last page on the aqua handout concerning the Emergency Services Work Group and asked exactly what was decided about the Southern Triangle area. Commissioner McKee said that what they are going to do is to take no action now and their contracts now stipulate a one-year notice of any change; and to notify these fire stations that their contracts run until June 30, 2013. The 112 homeowners outside of the six-mile limit will not be addressed at this time, but will be addressed later on. He said that the solution is to ensure that in the future that these 112 will be within a six-mile limit in one way or another. This would need to be worked out before budget time in 2013. Commissioner Gordon said that when the workgroup gets to the point of getting to solutions it needs to be talking to more than just the 112 homeowners. Chair Pelissier said that this needs to be discussed at a later time. Commissioner McKee said that there will be public information sessions with people outside the 112 homeowners within the next six to nine months. 14. Closed Session NONE 15. Adjournment A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to adjourn the meeting at 10:09 PM. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CIVIC Clerk to the Board