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HomeMy WebLinkAboutMinutes 11-05-2013 1 APPROVED 1/23/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING November 5, 2013 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, November 5, 2013 at 7:00 p.m. at the Central Orange Senior Center, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers Clarence Grier and Cheryl Young and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the following items at the Commissioner's places: - Lavender Sheet - Petition from Commissioner Rich - White Sheets - Petitions from the public regarding tenant's rights - Item 4b. —Map for Voluntary and Enhanced Agricultural District Designations for Multiple Farms— Dunn, Neville, Compton, Shambley, Durham, Johnson, and Thompson - Yellow Sheet - Revision to 5a - Minutes (September Stn) - Pink Sheet— related to legal notice for item 5-f- Legal Advertisement for Quarterly Public Hearing — November 25, 2013 PUBLIC CHARGE Chair Jacobs dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda Tish Galu and Delores Bailey, co-chairs of Justice United's Affordable Housing Action Team, shared in the reading of the following statement: We are here tonight with a petition to have you endorse the Declaration of Tenants' Rights and Responsibilities as a housing guide. In developing this document, the Justice United Affordable Housing Team partnered with the UNC Civil Legal Assistance Clinic, whose students assisted our research and provided the state 2 statutes behind each section; and representatives from the Orange County Human Relations Commission as well as a number of tenants—some who began this project, some who were part of the bi-lingual fair housing workshops, and some who were tenants directed to us from other tenants and government agencies. This work began because of tenants— it was edited because of tenant input and it is before you tonight because tenants all over Orange County need to know that they have the right to safe, decent housing. The tenants we met from around the county and at the workshops -they now have a voice in how they will be treated and a document that is a clear and concise explanation of tenants' rights. They have a resource list which directs them to people who can help enforce these rights. But it does so much more —this validates the voice of these tenants and has empowered them to protect their right to live in safe, decent housing. We are here tonight to ask that you continue to support ALL the tenants in our county by endorsing this Declaration and providing a means to distribute it and determine some measure of accountability for landlords not following the guide and those that are complying with the guide. We believe that all tenants should have the same information these tenants now have to protect themselves and their families. We look forward to the opportunity to have you all hear the stories of the tenants. You can help us do that. Thank you. Joe Polich, Human Resources Commission (HRC) member, thanked Tish Galu and Delores Bailey on behalf of the HRC. He said HRC agreed at their last meeting to recommend that the Board of County Commissioners adopt this resolution. Bob Ireland, HRC member, said he has been on the HRC for two years, and this is the most important piece of work that the group has done. He said if this does nothing else, it clarifies what the law is and where it can be found. Marshall Morris said, on behalf of an old navy veteran, thanks for the upcoming proclamation. He also introduced Sharron Hinton from the Department of Social Services (DSS). Sharron Hinton introduced the new Veterans Services Officer, Betsy Corbett. Betsy Corbett said she is happy to be in this position. She noted that she works out of DSS, but she is also working out of both senior centers. She invited the Board to attend a Veteran's breakfast. Don O'Leary said he received an email regarding the handling of Obamacare. He volunteered to help out with this. He said he would like to instruct the public on how to tell the federal government what to do with Obamacare. He said there are many issues to nullify in North Carolina, such as ICLEI. He said the 2013 Army manual prohibits donations to evangelist Christian organizations. He said he is a Christian, and as of yesterday he became an ordained minister. He said ICLEI is leading the nation deeper into this hole and it is time to tell them no. 3 b. Matters on the Printed Agenda 3. Petitions by Board Members Commissioner Rich requested two petitions. She said the first is a request in reference to Rogers Road and RENA. She noted that she is co-chair of the Roger's Road Neighborhood Task Force; and a question has come up on the task force, regarding a possible letter from the Board asking RENA to drop the EPA investigation. She said this has not happened. She would like to see a letter from the Board of County Commissioners to RENA, asking them to drop the investigation. John Roberts said he spoke to the attorney representing RENA and asked them to drop or withdraw their petition so the complaint could be dismissed. He said he has not heard back from her yet, but he requested a response by November 19. Commissioner Rich asked if this request was a letter from the Board. John Roberts said this was a phone conversation. Commissioner Rich said her petition was for the Board to specifically write a letter. Chair Jacobs said this will be taken up at agenda review. Commissioner Rich noted that her second petition is on the lavender sheet. She said this is a resolution urging the North Carolina General Assembly and Governor McCrory to reconsider its decision not to expand Medicaid coverage under the Affordable Care Act. She said she worked with Durham and Mecklenburg counties on this, as well as the health director. Chair Jacobs said he had asked the County attorney to have a closed session about the RENA issue prior to the AOG meeting on November 21 s. He said this closed session will likely take place prior to sending a letter. Commissioner Dorosin suggested the Board ask the attorney to look at the original motion he made weeks ago. He said this motion is in the minutes from the Carrboro meeting. He said perhaps there is some language here that the attorney would be comfortable using. He said perhaps language can be created to reasonably express the Board's interests while honoring the attorney's concerns. Chair Jacobs said he has discussed this, and the attorney has some additional advice for the Board related to this. 4. Proclamations/ Resolutions/Special Presentations a. An Orange County Proclamation Honoring the Military Order of the Purple Heart The Board considered a proclamation honoring the Military Order of the Purple Heart and Purple Heart recipients residing in Orange County and authorizing the Chair to sign. Jesse Torres read the following proclamation: A PROCLAMATION HONORING THE MILITARY ORDER OF THE PURPLE HEART WHEREAS, the Purple Heart is the oldest decoration in present use and was initially created as the Badge of Military merit by George Washington in 1782; and, WHEREAS, the Purple Heart was the first American service award or decoration made available to the common soldier and is specifically awarded to any member of the United States Armed Services wounded or killed in combat while serving the United States against opposing armed forces; and, 4 WHEREAS, the mission of the Military Order of the Purple Heart, chartered by an act of Congress, is to foster an environment of goodwill among the combat wounded veteran members and their families, promote patriotism, support legislative initiatives and most importantly-make sure we never forget; and, WHEREAS, there have been many Orange County residents who made the ultimate sacrifice for the cause of freedom and many combat wounded Veterans and Purple Heart recipients who live in the County; NOW, THEREFORE, WE THE ORANGE COUNTY BOARD OF COMMISSIONERS do hereby bestow honor and gratitude to all combat-wounded Veterans and those who have received the Military Order of the Purple Heart, and proudly proclaim Orange County as a "PURPLE HEART COUNTY IN THE STATE OF NORTH CAROLINA" This, the 5th day of November, 2013. A motion was made by Commissioner McKee, seconded by Commissioner Price to approve a proclamation honoring the Military Order of the Purple Heart and Purple Heart recipients residing in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Jesse Torres presented the Chair/Board with a plaque, The Military Order of the Purple Heart Special Recognition Award, for their dedication and support honoring America's combat wounded veterans, and for becoming a Purple Heart county. This was presented by the Patriot Members of Al Meyer Chapter 637, Military Order of the Purple Heart, USA. b. Voluntary and Enhanced Agricultural District Designations for Multiple Farms — Dunn, Neville, Compton, Shambley, Durham, Johnson, and Thompson The Board considered applications from multiple landowners/farms to certify qualifying farmland within the Cedar Grove, High Rock/Efland, Schley/Eno, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) programs. Gail Hughes made the presentation. She introduced landowners that were in attendance. She noted there were 6 new applications and one revision. She reviewed the following Background information: • Orange County Voluntary and Enhanced Voluntary Agricultural Program • November 5, 2013 • Orange County VAD/EVAD Program Benefits of Agricultural Districts ➢ Voluntary Agricultural District is typically a 10 year commitment but the landowner can be withdrawn from the VAD at any time, for any reason, with a 30 day notification. ➢ Enhanced Voluntary Agricultural District is an irrevocable 10 year commitment, therefore the "enhanced" qualifies farm for 90% cost share rates and a priority for grants funds. Benefits include: 5 ➢ Makes public more aware of the local agricultural and its vital role in the economics of the county; ➢ Recorded notice of agricultural district is recorded at County Land Records office; ➢ Land search on all properties within a Y2 mile radius is notified of the agricultural status; therefore, the landowner has increased protection from nuisance lawsuits. ➢ Public hearings for proposed condemnation of VAD land and utility assessments may be suspended or waived on EVAD land if not connected to the utility. ➢ Farm may receive up to 25% of gross sales from the sale of non-farm products and still maintain its zoning exemption as a bona fide farm. (EVAD only) Gail Hughes went through the following slides regarding each of the applicants: Robert and Rose Walters Dunn High Rock/Efland Agriculture District Farm includes grass/hay crop, livestock and managed woodland/forestry. EVAD = 64.29 acres A. Gordon Neville White Cross District Farm includes beef cattle operation, pastures, hay crops, and managed forestry and woodland. VAD =100.31 acres Compton Farm Vaughn and Marcia Compton Cedar Grove District Farm includes a poultry operation, tobacco, grain, hay crops, and managed forestry/woodland. VAD = 166.28 acres Cedar Grove Farm Inc. Kathy C. Shambley Cedar Grove District Farm includes dairy operation, pasture, corn, grain, hay crops, and managed forestry/woodland VAD =74.34 acres Walter and Linda Durham White Cross District Farm includes managed forestry and woodland. Manages woodland for wildlife and forestry. Farm awarded NC Stewardship Forest from NC Wildlife Resources Commission in 2013 VAD= 298.31 acres Mary Sue Johnson Schley District Farm includes goats, hay crops, pasture, and managed forestry/woodland. VAD= 70.83 acres 6 Thompson Prawn Farm Joe and Geraldine Thompson Cedar Grove District Farm includes prawn operation, produce/vegetable crops for sale at local farmer's markets, and grain crops. 2010 - NC A&T Small Farmer of the Year Award. Requested revision from VAD to EVAD =57.28 acres • Orange County Voluntary and Enhanced Voluntary Agricultural Program • Requesting approval from Commissioners to accept six (6) farms into the program and a revision for one (1) farm from VAD to EVAD. • 710.57 acres in the VAD • 121.39 acres in the EVAD. • If approved, total of acres in both programs: VAD = 6058 acres ; EVAD= 612 acres Total Acres= 6670 acres • Overview Map • VAD = 6058 acres • EVAD = 612 acres • Total Acres = 6670* • * = rounded acres A motion was made by Commissioner Price, seconded by Commissioner Rich to certify the seven(7) farm properties noted above totaling 710.57 acres (VAD) and 121.39 acres (EVAD) as denoted in the attached documentation as qualifying farmland, and designate it as a Voluntary or Enhanced Voluntary Agricultural District farm within the Cedar Grove, High Rock/Efland, Schley/Eno, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) programs. (With approval of these additional acres, the Orange County Voluntary Agricultural District Program will have enrolled 6,058 acres in the VAD and 612 acres in the EVAD for a total of 6,670 acres (rounded). VOTE: UNANIMOUS Chair Jacobs said the maps of the agricultural districts show the County's commitment to agriculture as a viable part of the community. He thanked the participants. c. "The Nature of Orange" Photography Contest The Board recognized the winners and thanked all participants of"The Nature of Orange" 2013 Photography Contest. Rich Shaw read the following statement: The Department of Environment, Agriculture, Parks and Recreation (DEAPR) completed its annual "The Nature of Orange" Photography Contest in June 2013. The goal of the contest was to inspire exploration, celebration and appreciation of Orange County's diverse landscapes and outdoor experiences. Photographers help document the beauty and diversity of natural resources, and people connecting to their environment. A total of 74 photographs were submitted in May 2013—an increase of 15% from the previous year. A panel of judges selected first, second and third place winners from the Youth and Adult divisions. Winners received a congratulatory letter, certificate, and a small monetary award. The photographs will be displayed at the Orange County Historical Museum, Orange County Public Library, Visitors Center, and the John M. Link, Jr. Government Services Center. In addition, winning photographs are displayed on the Orange County DEAPR website. PowerPoint slides were shown of photographs from the contest winners. The winners were as follows: Youth: 1 st Place— Kirby Lau; 2nd Place— Kirby Lau; 3rd Place— Katerina Gilfillen Adult: 1 st Place— Darren Strickland; 2nd Place— Pringle Teetor; 3rd Place—Statler Gilfillen Chair Jacobs asked that these photographs also be placed on the County website. 5. Consent Agenda • Removal of Any Items from Consent Agenda - Item 5-e was removed. • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda - 5-e e. Tax Refund Request— Robert H. Pope The Board considered adoption of a resolution to deny a refund request from Mr. Robert H. Pope covering tax years 2009, 2010, 2011 and 2012, in accordance with North Carolina General Statute 105-381. Commissioner Dorosin said he was in favor of granting a refund, and he removed this to avoid voting against the consent agenda. He said he fundamentally disagrees with the interpretation that taxing someone on something they do not own is not an illegal tax within the statute. He said if a property does not exist then imposing a tax on it is illegal. He said he disagrees with the idea that giving refunds in this circumstance would somehow undermine the revenue process. Dwane Brinson said this situation is similar to situations brought to the Board of County Commissioners in June. He said staff is abiding by the advice of the School of Government and the advisor to the state tax association. He cited a case study, and said this request does not qualify for a valid refund, per state statute. Commissioner Rich asked John Roberts if she needed to recuse herself from voting on this. John Roberts said no. Commissioner Dorosin said he has additional case information that he would like to present for consideration. 8 Dwane Brinson requested that this information be sent to him. He said it would be entertained for future cases. A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to adopt a resolution to deny a refund request from Mr. Robert H. Pope covering tax years 2009, 2010, 2011 and 2012, in accordance with North Carolina General Statute 105-381. Chair Jacobs said the Board sympathizes with the individuals who are victimized by the way this law is written and interpreted. Commissioner Dorosin said you do what you think is right and let the law catch up. VOTE: Ayes, 4; Nays, 3 (Commissioner Dorosin, Commissioner Rich and Commissioner Price) CONSENT AGENDA a. Minutes The Board approved the minutes from September 9 and 17, 2013 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for eighty-eight (88) taxpayers with a total of ninety-six (96) bills that will result in a reduction of revenue, 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 two (2) taxpayers with a total of two (2) 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 five (5) untimely applications for exemption/exclusion from ad valorem taxation for eight (8) bills for the 2013 tax year. f. Legal Advertisement for Quarterly Public Hearing — November 25, 2013 The Board approved the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 25, 2013. g. Request for Road Addition to the State Maintained Secondary Road System The Board approved a recommendation to the North Carolina Department of Transportation (NCDOT), and in turn the North Carolina Board of Transportation (BOT), concerning a petition to add a total of eleven (11) subdivision roads in Churton Grove Phase 4 Subdivision to the State Maintained Secondary Road System. h. Bid Award — McGowan Creek Sewer Interceptor Project and Approve Budget Amendment#2-D The Board: • Awarded the bid and approved a construction contract (pending State approval) to Park Construction of North Carolina, Inc. of Morrisville, NC in the amount of$597,813.13 for the construction of the McGowan Creek Sewer Interceptor; • Approved Budget Amendment#2-D for$107,814 (bids received were in excess of the originally budgeted project construction cost) consisting of: • Authorizing staff to request an additional $50,000 in SRF loan funding from the State; • Approving funding of$57,814 from Article 46 Sales Tax proceeds; • Approved and authorized the Chair to sign the Resolution of Tentative Award for this project, as required by the State Revolving Fund Loan; 9 • Approved and authorized the Chair to sign the contract on behalf of the Board of County Commissioners, subject to final review by the County Attorney and the State; and • Authorized the Manager to execute individual change orders within the limit of his authority ($250,000) up to the extent of the project budget. L Approval of Contract with Sprinasted, Incorporated The Board approved a contract for the purpose of conducting an executive search for a County Manager, and authorized the Chair to execute the contract. j. Change in BOCC Regular Meeting Schedule for 2013 The Board considered one change in the County Commissioners' regular meeting calendar for 2013, as follows: - Moving the location of the Monday, December 2, 2013 BOCC meeting FROM Central Orange Senior Center TO the DSS Meeting Room, Hillsborough Commons, Hillsborough, due to the availability now of the DSS meeting room (the Toy Chest program is not scheduled to start until a later date). 6. Public Hearings a. Zoning Atlas Amendment— Keizer Rezoning of 2.7 Acre Parcel — 3604 Southern Drive— Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board recommendation, considered closing the public hearing, and considered a decision on an owner-initiated Zoning Atlas Amendment to rezone a 2.7 acre parcel of property located at 3604 Southern Drive (PIN 9844-86-5155) from Rural Residential (R-1) and Light Industrial (1-1) to Light Industrial (1-1) in accordance with the provisions of the Unified Development Ordinance (UDO). Michael Harvey said the purpose is to re-convene a public hearing on the Keizer re- zoning. He said the property is currently split zoned light industrial and residential; Keizer is seeking to have the entire property zoned light industrial. He said the applicants have expressed concern over their continued ability to have septic and parking to support the existing industrial operation on the residentially zoned portion of the property. He said Keizer is seeking to rectify the problem by extending the existing industrial zoning over the entire property to ensure their perpetual ability to maintain existing infrastructure necessary for the business. He said there were no comments during the previous public hearing and only one comment, in favor of the applicant, in the intervening period. He said the Planning Board has reviewed this and voted unanimously to recommend approval. He said the manager and staff recommendation was to approve the re-zoning. Chair Jacobs referred the Board to attachment 3, and attachment 5 of the abstract. A motion was made by Commissioner Price, seconded by Commissioner McKee to: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Decide to adopt: a. Attachment 3 Ordinance Amending the Zoning Atlas b. Attachment 5 Resolution Concerning Statement of Consistency authorizing the zoning atlas amendments as detailed herein. VOTE: UNANIMOUS b. Zoning Atlas Amendment— Keizer Rezoning of Two Parcels Totaling 16.1 Acres— Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board recommendation, considered closing the public hearing, and considered making a decision on an owner-initiated Zoning Atlas Amendment to rezone 2 parcels, 16.1 acres in area, (PINs 9844-87-7368 and 9844-86-7573) from Rural Residential (R-1) to Light Industrial (1-1) in accordance with the provisions of the Unified Development Ordinance (UDO). Michael Harvey said the Keizers have put an offer to purchase two additional parcels, zoned rural/residential, totaling 16 acres in area, to expand their current industrial site to light industrial. He said this approval is based on consistency with the comprehensive plan, not consistency with the Keizer's proposal. He said if this property is re-zoned light industrial it could be developed for any purpose. He said there were a lot of questions at the quarterly public hearing, concerning the node, as well as general re-zonings in the area. He referred to the abstract pages 2, and 23 for additional information on general use zoning designations. Michael Harvey said staff has also provided an explanation to address Commissioner Dorosin's question of why residential zoning is allowed in this particular node and what the impact would be to those areas if the re-zoning were approved. He said staff does not believe there are any concerns, and the request is consistent with the Comprehensive Plan. He said the planning board recommended unanimously that the Board approve this re-zoning. Chair Jacobs said his understanding is that there is little noise from this operation that goes beyond the actual facility. Michael Harvey agreed. He said it is stipulated that there will be required buffers along the property line. Commissioner Dorosin noted that this decision is being made without knowing what the property may be used for in the future. He asked if it is appropriate to have this information at these hearings. He said it might be better in the future to discuss these proposals with an outline of all the potential uses. Michael Harvey said he would be aware of this for future presentations. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Adopt: a. Attachment 3 Ordinance Amending the Zoning Atlas b. Attachment 5 Resolution Concerning Statement of Consistency authorizing the zoning atlas amendments as detailed herein. VOTE: UNANIMOUS c. Unified Development Ordinance Text Amendment Related to Holding a Neighborhood Information Meeting for Governmental Uses— Public Hearing Closure and Action (No Additional Comments Accepted) The Board received the Planning Board recommendation, considered closing the public hearing, and considered making a decision on a Planning Director initiated text amendment(s) to the Unified Development Ordinance (UDO) requiring a neighborhood information meeting be 11 held prior to the development of `governmental uses' as detailed within the UDO, and also the renumbering of existing sections and updating of references throughout the document. Michael Harvey said this is a reconvening of a public hearing. He noted that the development of a fire department sub-station on Neville Road caused concern amongst neighboring property owners who felt they were not involved or informed. It was suggested that the code be amended to require a neighborhood information meeting for these government process. He said that there are provisions to address concerns from departments who go through long public planning processes for development of infrastructure. He said one planning board member voted against this, as he felt it created unnecessary expense for local fire departments. He said there has been no public comment. Commissioner McKee said he would like to clarify that this provides for an information meeting only, and it will not change any UDO regulations or requirements. Michael Harvey said this is correct. Commissioner Rich asked if this information will be on a website for neighbors who might not be able to make a meeting. Michael Harvey said comments are typically posted on the Orange County website. He said the public can be made aware of this in the public notice mailings. Commissioner Price asked if the fire departments be responsible for all costs associated with the meetings. Michael Harvey said yes. Commissioner McKee said there are costs with sending out certified letters to inform the community. He said these projects are permitted rights and the information meetings are only to notify and inform the community. He said the White Cross residents were upset about not having been notified about the siting of this substation, not about the existence of the substation itself. He said most residents he has spoken with were pleased with the actual substation and the benefits it offers. Commissioner Pelissier said this was not a planned cost for this year. She said, going forward, the fire departments can budget for the costs associated with new substations, including information sessions. Chair Jacobs the information session produced good results and most seemed pleased with the outcome. He said these meetings serve a valuable function to provide information and allow for questions. He said there was a meeting with local DOT staff last week, and a question was raised regarding the safety of the bridge on Neville Road. He said this was a concern shared by the people living in that area. He said a response was given, and he asked Commissioner McKee to summarize this. Commissioner McKee said the bridge in question is located south of the substation and there was concern that the fire trucks would overburden and collapse the bridge. He said the DOT is rebuilding that bridge into a concrete structure to address this concern. A motion was made by Commissioner McKee, seconded by Commissioner Price to: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Approve the text amendment package contained in Attachment 2. VOTE: UNANIMOUS d. Town of Hillsborough/Orange County Central Orange Coordinated Area Land 12 Use Plan The Board received the Planning Board's recommendation, considered closing the public hearing, and considered making a decision on a resolution ratifying the draft Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan, and authorized the Chair to sign. Tom Altieri said this is a re-convening of the public hearing from September 9th. He said the Board did request further information on immediate and future steps to make the maps and land use visions of the County and Town coincide. He noted material included on page 3 of the abstract describing these steps. He said the planning board unanimously voted to recommend approval of this item. Tom Altieri said the planning director has recommended a minor change that deletes a reference to minimum lot size within the "rural living" future land use category. He said this change is referenced in italics on page 2 of the abstract, and is cited in the resolution for approval tonight. He said this change was discussed with the Town's planning director, and she supported it. Chair Jacobs asked for an explanation of this change. Tom Altieri said the rural living land classification references minimum lot size and is the only land use classification with a minimum lot size. He said every other land use category refers to residential density as the controlling factor. He said the primary difference is that the use of a minimum lot size requirement can be overly restrictive and it does not accommodate the clustering of lots. He said that the use of density accommodates open space better and preserves the natural characteristics of a tract during the subdivision process. Commissioner Gordon asked how this applies. She asked for an explanation of the boundaries that would require the listed density. She asked if this means that if some properties have more than the required density per acre that some other part of the property has less density. Craig Benedict gave the example of a ten acre lot—the 2 acre per unit density requirement would allow for a maximum of five 2 acre lots. He said the density provision would allow for five 1 acre lots with 5 acres of open space. He said this still limits the gross amount of land to a number divided by 2 acres to get the maximum amount of lots. Commissioner Gordon said this is a land use classification, not a zoning classification. She asked for the definition of"site." Craig Benedict said this means whatever property one wants to develop. He said the density calculation is used to find the maximum amount of lots that can be built on a site, and it allows clustering. Commissioner Gordon said "rural living" must be a Hillsborough term, because Orange County does not have this term. Tom Altieri said "rural living" is a land use classification of the joint land use plan for the area covered by the Central Orange Coordinated area, which includes both Orange County and Hillsborough. Commissioner Gordon said future land use classifications are developed in concert with Hillsborough, which makes them specific to this plan. She asked if this is then confined to the Central Orange plan. Tom Altieri said this is modeled from the joint plan used with Carrboro and Chapel Hill. He said this plan is the guiding document for future land uses in this Hillsborough and Orange County plan area, and as the process moves forward there will need to be comprehensive plan amendments that add designations to the Orange and Hillsborough urbanizing areas. He said this joint land use plan will be a reference point, along with the unified development ordinance. 13 Commissioner Gordon said the similarity with the joint plan used with Carrboro and Chapel Hill is the process; however the land use categories are not the same. Tom Altieri said the categories are not the same but it is a similar construct. He said Chapel Hill and Carrboro have 10 and 20 year transition areas, and that is the broad designation. He said there is a joint land use plan that includes all of the other land use classifications in the plan being presented. Commissioner Gordon said she wanted to make sure these uses were confined to this plan only. She noted that the ETJ swap will be done next. She asked which map best explains what the land use categories will be. She referred to several maps and asked which would best explain what will be in Orange County's section. Tom Altieri said these areas can be seen on one of the maps, but the ETJ swap phase has not been reached. He said specific maps identifying those specific parcels will be brought back once the swap phase is reached, including prescribed land uses. He said the ETJ areas that will become part of the town are provided on the joint land use plan; however this does not show the ETJ areas on the west side of town that will be relinquished to the County. He said these are the areas adjacent to the Eno River that would be classified as agricultural/residential, with a series of watershed and resource protection overlays. Commissioner Gordon said she did not understand the significance of ratifying the land use plan before the comprehensive plan amendments are made. Tom Altieri said this becomes the joint land use plan for all of the areas within the urban services boundary for this Hillsborough and Orange County plan. He said the construct will not be fully implemented until the references are made in the 2030 comprehensive plan land use elements section identifying the urban services area, the Orange County urbanizing area and the Hillsborough urbanizing area. He said it has become very clear to staff that it would be too confusing to go through the ETJ adjustment process and also bring the 2030 comprehensive plan amendments at the same time. Commissioner Gordon referred to attachment 5 and asked which map is being approved. Tom Altieri said pages 10-13 are being approved. Commissioner McKee said he is convinced that some soils will support one housing unit per acre. He said it is irrelevant whether a 10 acre development with five houses has houses on 2 acre lots, or one acre lots with 5 acres of open space. He said the land cost component remains the same, and this drives the cost of housing in Orange County. He does not see how striking the 2 acre minimum lot size does anything favorable to the affordability of housing in Orange County. He said the better option is to tie minimum lot size to soil carrying capacity, as it relates to septic. He said this could potentially allow a 10 acre development to carry ten houses, which would reduce the cost of the houses. Chair Jacobs said the point of clustering is that it is cheaper per unit, because there is less infrastructure. He said the idea of using carrying capacity as the standard is one that could be implemented in the future, but it would be a tremendous undertaking. Commissioner Price agreed with Chair Jacobs. She said cluster homes reduce costs and create lower income housing. She cluster homes are also beneficial for"age in place" residents. She said she supports this change. Commissioner Pelissier said water capacity is also a factor in zoning. She said there are rural areas that are zoned according to water recharge rates. She said these rates vary, and there are areas of Orange County that could not support the higher density building. 14 Commissioner Dorosin said he thought the urban services boundary on the map meant that anything inside the boundary has access to public water and sewer. He does not understand how this discussion about septic and lot size relates to the map being presented. Tom Altieri said the area will not develop with water and sewer all at one time. He said there would be some development to occur on private well and septic for an interim time period. Commissioner Gordon said it would be a tremendous effort to figure out carrying capacity. She said there were efforts to determine the average capacity when the rural buffer area was created. She supports a plan that maintains a certain density requirement for a certain area. She said she could not find an explanation of the ETJ swap; she asked if this is included. Tom Altieri said this information is not specifically identified; however the information is included on page 14. He pointed out the areas that are hatched, on the western part of town. Commissioner Gordon said this does not specify the land use. Tom Altieri said this is not included. He said the land uses outside of the urban services area are not identified and will be done after the swaps are completed. Commissioner McKee said his earlier point is that this strikethrough does not have a practical effect. He said land cost is a major component of the costs for housing in Orange County. He said until the County can figure a way to reduce the land costs in Orange County, it will be difficult to provide affordable housing. He said he would respectfully disagree that the infrastructure cost is less for cluster development. He said shortened roads can decrease the infrastructure cost a little, but most of the cost per lot remains the same. Chair Jacobs said clustering is the only place in the ordinance where a bonus can be given to a developer for affordable units. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; 3. Consider approving and authorizing the Chair to sign the Resolution (Attachment 5) ratifying the Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan, Areas Within Urban Services Boundary (detailed in Attachment 1, pp. 10-13); and 4. Authorize staff to proceed with the development of a schedule and process, including notification and outreach methods, to execute the ETJ swaps identified in the Inter-local Agreement. VOTE: UNANIMOUS e. North Carolina Community Transportation Program Administrative and Capital Grant Applications for FY 2015 The Board conducted an annual public hearing on the North Carolina Community Transportation Program (CTP) grant application by Orange Public Transportation (OPT) for FY 2015 and considered approving the grant application that includes adopting a resolution authorizing the applicant to enter into an agreement with the North Carolina Department of Transportation (NCDOT), and authorizing the County Attorney to review and complete the necessary certifications and assurances, and authorizing the Chair to sign. 15 Bret Martin said this item is for an annual grant application for both administrative expenses and capital items needed for 2015. He said the capital needs include: 5 replacement buses, and 2 expansion vehicles. He said the total amount of the administrative expenses is $185,604, and 15 percent must come from the Orange County 2015 budget. He said the total request for capital expenses is $483,292, of which 10 percent must come from Orange County. He said the total amount required from the Orange County general operating fund is $61,638, as well as $14,533 from the capital reserve set-aside managed by Triangle Transit. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to open the public hearing to: Conduct a public hearing to receive public comments on the proposed grant application VOTE: UNANIMOUS A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to: • Approve the Community Transportation Program Grant application for FY 2015 in the total amount of$668,896 with a local match total of$76,171 to be provided when necessary; • Approve and Authorize the Chair to sign the Community Transportation Program Resolution and the Local Share Certification for Funding form; and • Approve and Authorize the Chair and the County Attorney to review and sign the annual certified statements of participation. VOTE: UNANIMOUS f. Public Hearing on the Financing of Various Capital Investment Plan Proiects and County Equipment The Board conducted a public hearing on the issuance of approximately $10,500,000 to finance County and School capital investment projects and County equipment for the year, and considered approving a related resolution supporting the County's application to the Local Government Commission (LGC) for its approval of the financing arrangements. Clarence Grier reviewed the following information from the abstract: The Board of Commissioners has previously approved the construction and purchase of capital investment projects and equipment for the year. The Board has made a preliminary determination to finance costs for these projects by the use of an installment financing, as authorized under Section'160A-20 of the North Carolina General Statutes. County staff estimates that the total amount to be financed for County and School capital projects and County equipment will be approximately $10,500,000. The financing will also include amounts to pay transaction costs. The statutes require that the County conduct a public hearing on the proposed financing contract. A copy of the published notice of this hearing is provided at Attachment 1. After conducting the hearing and receiving public input, the Board will consider the adoption of the resolution at Attachment 2. This resolution formally requests the required approval from the 16 North Carolina Local Government Commission for the County's financing arrangements, and makes certain findings of fact as required under the LGC's guidelines. County staff has been in contact with LGC staff, and staff expects no obstacles to receiving LGC approval. If the Board adopts the resolution (indicating its intent to continue with the financing plan), the Board will be asked to consider a resolution giving final approval to the financing plan at its November 19, 2013 meeting. Staff expects the LGC to approve the financing plan at the LGC's meeting on December 1. Under the current schedule, staff expects to set the final interest rates and other terms of the financing around November 15, and to close on the financing by the end of December. There is no financial impact related to this action. However, there will be a financial impact in proceeding with the financing. A preliminary estimate of maximum debt service applicable to the County projects financing would require the highest debt service payment of$1,482,631 falling in fiscal years 2015-2019. The tax rate equivalent for the highest debt service payment is approximately .923 cents. Based on current valuations, no adjustment to the tax rate associated with this financing is contemplated to occur during the period noted. Clarence Grier noted the list of projects to be financed, as outlined on page 6 of the abstract. He said the largest project is the Culbreth Middle School Science Wing. He noted the 3 borrowing options outlined on attachment 3: 15 year Public Limited Obligation Bonds (LOB); 20 year Public LOB; and 15 year Placed IPC. He said these options have been researched and the recommended option is the 15 year Placed IPC, as it saves approximately $200,000 in financing costs. A motion was made by Commissioner Gordon, seconded by Commissioner Price to open the public hearing. VOTE: UNANIMOUS NO PUBLIC COMMENT A motion was made by Commissioner Price, seconded by Commissioner Rich to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner McKee to adopt the resolution supporting the application to the Local Government Commission for approval of the financing arrangements. Commissioner Dorosin referred to attachment 3 and asked for clarification on the designation of the $200,000 savings that was mentioned. Clarence Grier said this is found by comparing the costs under the "uses" section, with special note of the Cost of Issuance. Commissioner Dorosin asked if the total cost of issuance should be looked at. Clarence Grier said that the total at the bottom in the far right of each column will reflect this savings. VOTE: UNANIMOUS 7. Regular Agenda 17 a. Orange County Public Library Strategic Plan (2013-2016) The Board considered approving the Orange County Public Library Strategic Plan (2013-2016). Lucinda Munger said the plan before the Commissioners includes the previous Board Comments. She pointed out the following specific updates from the last work session: - Page 13— Focus Area#2, Item 3 - Extension of library services — Planning department is now included as a partner - Page 14 - Focus Area #4, Item 6— BOCC goal of interoperability with the Chapel Hill Public Library and the development of a single library card is listed as a pursuit - Pages 17-19— Expanded sections on the measurement of plan performance Lucinda Munger said the staff and interim County manager recommend the adoption of this plan. Chair Jacobs asked for brief summary of the plan for members of the public Lucinda Munger reviewed the following background information from the abstract: The Orange County Public Library received a grant on June 8, 2012 from the State Library of North Carolina to develop a Strategic Plan and conduct a Community Needs Assessment (CNA). Library staff, working with the consultant, developed a three-year Strategic Plan (2013-2016) to address the community and leadership needs identified in the CNA. The DRAFT Plan was presented at the Board's May 14, 2013 work session and reviewed and further modified based on feedback from the Board. The amended DRAFT plan was presented to the Board for its review at the September 12, 2013 work session, and comments and input were provided for further refinement. Based on the Board's comments and feedback during the September 12 work session, the Library has updated the document with the goal of having the BOCC adopt the document at this meeting. The Plan will serve as a guiding instrument for library investment in the coming years. Lucinda Munger said staff looks forward to carrying this plan out over the next three years. She said the goal is for this to be a living document. Chair Jacobs asked about the library outreach goals. Lucinda Munger said this will begin in 2014. She said staff is already involved in school events, such as open houses, and PTA events. Commissioner McKee thanked Lucinda Munger for the efforts given to this plan over the last year and a half. He expressed appreciation for the work done on interoperability with Chapel Hill. Commissioner Rich thanked Lucinda Munger and said she is concerned about moving forward with interoperability. Commissioner Rich expressed her thanks. She asked if there is a way to put library cards on cell phones. Lucinda Munger said work is being done on this as part of the technology improvements. Commissioner Pelissier reminded the Board about the upcoming meeting with a group of Chapel Hill Town Council members. She said the issue of interoperability will be discussed at this meeting. 18 A motion was made by Commissioner Price, seconded by Commissioner McKee to approve the Orange County Public Library Strategic Plan (2013-2016). VOTE: UNANIMOUS b. Southern Branch Library Siting Criteria, Process Update The Board received an update on the Southern Branch Library siting process, discussed/considered Carrboro's response(s) to County staff requests as well as County staff recommendations, and provided direction to staff regarding next steps. Lucinda Munger said Carrboro sent an email response stating that no official position has been taken on 1128 Hillsborough Road, but there is little indication of support without a proper land swap. She said the Carrboro town attorney expressed strong concerns with the liability and increased cost associated with the rock blasting that would be required to prepare the site at 401 Fidelity Street Lucinda Munger said Carrboro staff is willing to provide requested permit information for the 120 Brewer Lane site. She said the recommendation, based on the response from Carrboro, is that the Board should eliminate the Hillsborough Road and Fidelity Street sites from consideration and move forward with due diligence on 120 Brewer Lane. She said staff will provide follow up information to the Board by the January 23, 2014 meeting. Michael Talbert said the Town of Carrboro unanimously wants the Brewer Lane site; therefore staff sees no need to continue with the other two sites. He said staff would like to proceed with Brewer Lane. Chair Jacobs noted that, subsequent to the January 23 meeting, staff recommended moving to the public phase of the siting project, which includes a public hearing to gain input. Commissioner Gordon said when the public phase of the project is reached, the public should not be told that this is a take it or leave it approach with only a single site option. She noted that the 1128 Hillsborough Street is still an option. She said the lack of another site gives little negotiation room with a developer. Commissioner Gordon said keeping the Hillsborough Road property on the table gives more choice to the public and allows for a fallback position if Brewer Lane does not work out. She strongly urged the Board to keep two sites moving forward. Commissioner Dorosin said residents still have a choice to simply not vote for the library. He disagreed with the idea of continuing to spend resources and staff time on a site that the Town does not support. He said he feels the Hillsborough Road site is not a viable site anyway, as it does not meet the necessary criteria. He said it would have been good to have the public hearing for this conversation. He said it is unfortunate to have a public hearing with only one site, but that is the reality of where the process stands now. Chair Jacobs asked Michael Talbert if another site could be included in deliberation if it came to the attention of staff between now and February. Michael Talbert said yes, another site could still be included. He said there were still seven other sites that have been suggested over time. He said this list could still be re-visited, or new sites could be considered. Chair Jacobs said the Board can advertise that the process started out with 7 properties, before being narrowed down to 3, and now potentially one; however the Board is still open to other sites that may meet their criteria. 19 Michael Talbert said staff is simply choosing not to spend resources on other sites until this preferred site is vetted. Commissioner Gordon clarified that she is not opposed to Carrboro's preference for Brewer Lane. She likes Brewer Lane, but she questions what the fallback position will be if this site does not work out. She said this could cause significant delay if something falls through. Commissioner McKee said the fallback position would be to look for something else if Brewer Lane does not work out. He said something else could surface between now and February. He said a delay is possible if Brewer Lane doesn't work out, but it is better to get it right than to get it fast. Chair Jacobs said there is no schedule for this process, so a delay won't knock anything off schedule. He said the Board can feel comfortable to see where things are once the information comes back at the end of January. Commissioner Price said her understanding is that this siting discussion has been going on for quite some time. Chair Jacobs said no schedule was ever adopted. He said this was in the CIP for a certain time period but no dates or mileposts were ever set for the decision making process. Lucinda Munger said funding is in the CIP for 2016-2017, and there is no specific schedule at this time. Chair Jacobs said sooner would be better. Commissioner Price agreed. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to: 1) Receive and discuss the letters from the Town of Carrboro; 2) Eliminate 1128 Hillsborough Road and 401 Fidelity Street from further consideration for a Southern Branch Library; and 3) Direct staff to conduct further Phase 1 Site Criteria Analysis for 120 Brewer Lane and provide follow-up information to the Board. (If the Board does direct staff to move forward with the analysis of 120 Brewer Lane as noted in #3 above, staff will report back to the Board at its January 23, 2014 regular meeting. Following the completion of due diligence and reporting back to the Board, staff recommends moving to the "Public Phase" of the library siting process, including the Board conducting a public hearing on the library siting efforts.) PUBLIC COMMENT: Nerys Levy said she fully endorsed the recommendation from the library staff. She said Friends of the Carrboro Library feel that time is of the essence. VOTE: UNANIMOUS c. BOCC Rules of Procedure Revision The Board considered approval of a modification to the BOCC Rules of Procedure and updating the Rules of Procedure booklet. Chair Jacobs said this is a reflection the Board's agreement to have more public hearings on more agendas in anticipation of not having quarterly public hearings (QPH). He said the public hearing component would be moved nearer to the front of the agenda to avoid making residents wait. He said some Commissioners have concern about front loading the agendas with public hearings. He said these public hearing meetings could be spread out over the course of a year. 20 Commissioner Gordon said it is fine to move the hearings before the consent agenda; however this is the only reason she would vote for this, because the Board has not decided what to do about the public hearing process yet. She said there are still some issues to be resolved. Commissioner Dorosin asked if this discussion is about changing merely the order or about changing the QPH. Chair Jacobs said this is only about the order, but it is preparatory to changing the QPH process. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to approve a modification to the BOCC Rules of Procedure and update the Rules of Procedure booklet, to change the order of the agenda to move the public hearings to before the consent agenda. Chair Jacobs asked when the larger QPH issue would come before the Board. Michael Talbert said this will come back in February at the QPH. Commissioner Rich asked if the planning board would be included in that discussion. Chair Jacobs said yes, the planning board would be involved. Commissioner Gordon said there are many steps to be involved in changing the current QPH procedure. She said the steps are yet to be determined. VOTE: UNANIMOUS 8. Reports NONE 9. County Manager's Report NONE 10. County Attorney's Report NONE 11. Appointments NONE 12. Board Comments (Three Minute Limit Per Commissioner) Commissioner Gordon — none Commissioner Dorosin said there was a great public information meeting regarding the County fair. He said there were lots of good comments and suggestions, and he looks forward to bringing this to the work session on the 12th Commissioner McKee— none Commissioner Rich congratulated all the winners in the election today. Commissioner Pelissier said the Environment Steering Committee had a discussion regarding a template being developed for solar energy zoning. She said this would be worth looking at when it comes out early next year. She said the Public Safety and Justice Commission received a presentation about the merger of adult and juvenile justice. She said there were a lot of positive things from the merger. She said the divisions' services are still being done separately. She said the Justice Reinvestment Act was supposed to take money from closing prisons and then reinvest that money in efforts to decrease prison populations. She said much of the money has been invested in adding probation officers, and some has been invested in treatment. She said less than 50 percent of the money saved has been invested, and the community is going to want to ask the General Assembly to invest more. 21 She said "ban the box" has been revisited as a possibility. Commissioner Pelissier attended the "Railvolution" conference on transit in Seattle. She said one of the major things she got out of this was the benefit of the public/ private partnership. She said there are a lot of possibilities that can be explored. She said the jail alternatives work group had their first meeting. Commissioner Price said the "ban the box" discussion also came up at the NACo conference. She attended the NCACC Board of Directors meeting. She said a fiscal summary has been compiled and is available, which shows where Orange County stands in relation to other Counties in N.C. Chair Jacobs said he and Commissioner Pelissier are co-chairing the jail alternatives work group. He said there was an enthusiastic turnout, and the schedule has the group come back in March with recommendations. He said there was a lunch meeting with staff, DOT representatives and the mayor and planning director of Hillsborough. He said there was fruitful conversation about transportation projects and local concerns. Chair Jacobs encouraged people to attend the Veteran's Day Breakfast on November 11 to 13. Information Items • October 15, 2013 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • 2013 NC Legislation Update and Impact on Planning • BOCC Chair Letter Regarding Petitions from October 15, 2013 Regular Meeting 14. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Rich to adjourn into closed session at 9:27 pm for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to reconvene into regular session at 9:53 pm. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to adjourn the meeting at 9:53pm. VOTE: UNANIMOUS Barry Jacobs, Chair 22 Donna S. Baker, CIVIC Clerk to the Board