HomeMy WebLinkAboutMinutes 04-15-2014 APPROVED 6/3/2014
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
April 15, 2014
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April
15, 2014 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
Chair Jacobs called the meeting to order at 7:01 p.m.
1. Additions or Changes to the Agenda
Chair Jacobs reviewed the following items at the Commissioner's places:
- White sheet— Memo from Attorney Mike Brough for Item 5-b - Unified Development
Ordinance Text Amendment Related to Setbacks for Class II Kennels Developed in
the
EDE-2 General Use Zoning District
- White sheets - Power Point for Item - 5-c- Safe Routes to School (SRTS) Strategic
Action Plan
- Color Map - Item 5-d - Orange County Community Development Block Grant (CDBG)
Program — FY 2014 Infrastructure Program - $3,000,000
- White sheet - Proposed resolution from Commissioner Rich for Item 5-e - Orange
County's Proposed 2014 Legislative Agenda
-Yellow sheet - Potential Item for Statewide Resolution - Item 5-e- - Orange County's
Proposed 2014 Legislative Agenda
- White sheets — PowerPoint for Item 7-c- DC Fast Charger Electric Vehicle Station
Licensing Agreement with Brightfield Transportation Solutions
- White sheet - Revised Abstract for Item 8a - Report on Orange County's "Small
Business Loan Program"
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Tom Schopler lives in southwest Orange County; however, the majority of his property
is in Alamance County. He said there is still a problem that exists as a result of the County line
issue that occurred a few years ago. He said 92 percent of the issues were resolved with the
Alamance County Commissioners, but this left 8 percent unresolved. He said this is a small
number, but the affected citizens are unhappy about the outcome. He encouraged the Board
of Commissioners not to let this issue die. He said he suspected that Alamance County would
not want to discuss this final 8 percent once the 92 percent was resolved, and that is what has
happened. He said property in Orange County is worth more than property in Alamance
County. He said he had to have his property appraised this past year, and its worth had
dropped by $120,000 after 32 of his 36 acres were put in Alamance County. He said he has
paid taxes faithfully in Orange County for 40 years, and now this has happened because of a
choice made by the Board of County Commissioners. He asked the Board not to leave this
unfinished.
Chair Jacobs said the Board has not forgotten the other 8 percent, and the
Commissioners have their legislative breakfast on April 28th and will bring it up to the legislators
then.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Petitions by Board Members
Commissioner Dorosin petitioned the Board to consider holding an Orange County gun
buy-back program. He said Winston Salem has held two in the last two months. He said this
resulted in the collection of 364 weapons in the first month and over 100 in the most recent
collection. He said this is an important opportunity for the County.
Commissioner Price said the Research Triangle Regional Partnership (RTRP) was
moving in a different direction now, and this includes changes to the funding structure as well
as other changes. She petitioned staff to make a presentation on the various options.
Chair Jacobs petitioned staff to work on developing an orientation or protocol for
people representing the County on external boards, such as planning.
4. Proclamations/ Resolutions/ Special Presentations
a. Proclamation of Recognition on Chapel Hill High School Women's Basketball
Team and Coach Sherry Norris Winning the 2014 State Championship
The Board considered a proclamation recognizing the Chapel Hill High School
Women's Basketball Team and Coach Sherry Norris for winning the 2014 State Championship
and authorizing the Chair to sign.
Coach Norris said the team does not have all of its members tonight due to sport
conflicts.
Chair Jacobs read the following proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION OF RECOGNITION ON
CHAPEL HILL HIGH SCHOOL WOMEN'S BASKETBALL TEAM AND COACH SHERRY
NORRIS
WINNING THE 2014 STATE CHAMPIONSHIP
WHEREAS, on March 15, 2014, Chapel Hill High School Women's Basketball Team captured
the North Carolina High School Athletic Association's (NCHSAA) 3A State
Women's Basketball Championship; and,
WHEREAS, under the guidance of Coach Sherry Norris, the Chapel Hill High School Women's
Basketball Team earned its second NCHSAA state title, completing the season
with an undefeated 32-0 record; and,
WHEREAS, Coach Sherry Norris was named the 2013-14 North Carolina Women's Coach of
the Year by the Associated Press, and, in her 37th year as a classroom teacher,
has announced her retirement; and,
WHEREAS, Coach Sherry Norris is the winningest high school volleyball and basketball coach
with more than 1,200 victories across the two sports, and recorded her 540th
basketball win with the State Championship victory by the Lady Tigers; and,
WHEREAS, through hard work, dedication, teamwork, and commitment, the Lady Tigers
brought honor upon themselves, Chapel Hill High School, the Chapel
Hill/Carrboro City Schools District and Orange County;
NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
expresses its sincere appreciation and respect for the Chapel Hill High School
Women's Basketball Team and Coach Sherry Norris for the Tigers' outstanding
achievement, and their inspiration to youth across North Carolina through their
dedication, teamwork, and athletic prowess.
This, the 15th day of April, 2014.
A motion was made by Commissioner McKee, seconded by Commissioner Rich
approving a proclamation recognizing the Chapel Hill High School Women's Basketball Team
and Coach Sherry Norris for winning the 2014 State Championship and authorizing the Chair
to sign the proclamation on behalf of the Board.
VOTE: UNANIMOUS
b. Proclamation Recognizing "PowerTalk 21 Day" in Orange County
The Board considered proclaiming April 21, 2014 as "PowerTalk 21 Day" in Orange
County and authorizing the Chair to sign.
Gayane Chambliss thanked the Board of County Commissioners and introduced the
president of the coalition.
Beth Creaghan read the following statement:
Hello, my name is Beth Creaghan, and on behalf of the Orange Partnership for Alcohol & Drug
Free Youth, I would like to thank the Orange County Board of County Commissioners for
proclaiming April 21 st to be Power Talk 21 Day.
As the parent of two young adults, now 19 and 22, 1 have appreciated becoming more
informed about the issues pertaining to underage drinking. My current knowledge has helped
to keep an open dialogue with my kids and has helped them to form their opinions on the
subject. I feel fairly confident that this helps with their decision making when out with friends,
which may also help to influence their friends' choices. It is never too early to start talking with
our children, nor as I have learned, too late. Our children get message from all other sources,
some accurate some not. It is important that parents stay informed and engaged — so your
message is the one your children remember.
Commissioner McKee read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
"PowerTalk 21 Day" in Orange County
WHEREAS, Orange County values the health and safety of all its residents; and
WHEREAS, substance abuse is particularly damaging to one of our most valuable resources,
our children; and
WHEREAS, youth who begin drinking before age 15 are five times more likely to develop
alcohol dependency later in life; and
WHEREAS, teen alcohol use kills 4,700 people each year, more than all other illegal drugs
combined; and
WHEREAS, high school students who use alcohol or other substances are five times more
likely to drop out of school; and
WHEREAS, the majority of youth say their parents are their primary influence when it comes to
decisions about drinking alcohol; and
WHEREAS, Orange County recognizes the role of parents, and the importance of talking with
their teens about alcohol; and
WHEREAS, PowerTalk 21®day is established on April 21, 2014 to encourage parents and
caregivers to embrace their important role in influencing America's youth and their decisions
about drinking alcohol; and
WHEREAS, in 2014 Mothers Against Drunk Driving® (MADD) kicked off"21 Days in Support
of 21," beginning on April 1 st and culminating in PowerTalk 21 on April 21 st, in order to create a
sustained and prolonged national conversation about underage drinking; and
WHEREAS, to equip parents to talk with their teens about alcohol, the Orange Partnership for
Alcohol and Drug Free Youth, in collaboration with MADD of North Carolina, will host a free
community town hall event to give parents, caregivers and community members the
opportunity to explore the issue of underage drinking and how to effectively talk with teens
about alcohol; and
WHEREAS, local town halls and parent workshops, replicated across the country, will offer
parents research-based tools to help them talk with their teens about alcohol and encourage
adults to consider creating a safer community by becoming involved in reducing underage
drinking; and
WHEREAS, all people are urged to join in the local and national efforts to raise awareness of
the importance of parents and teens talking together about alcohol in order to reduce the risks
and dangers posed to teens and communities;
NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
Monday, April 21, 2014 to be:
PowerTalk 21® Day
in Orange County, North Carolina.
This, the 15th day of April, 2014.
A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
approve the proclamation and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
5. Public Hearings
a. Zoning Atlas Amendment— Easterlin Rezoning of 5908 US 70 East in Eno
Township — Public Hearing Closure and Action (No Additional Comments
Accepted)
The Board received the Planning Board recommendation, closed the public hearing,
and considered a decision on an owner-initiated general rezoning petition in accordance with
the provisions of the Unified Development Ordinance (UDO).
Michael Harvey said this is regarding the rezoning of property, owned by the Easterlin
family, from its current designation of Eno Economic Development Low Intensity (EDD1) to
Eno Economic Development Higher Intensity (EDD2). He said this property is split zoned, and
the Easterlins would like for this property to all be zoned EDD2.
Michael Harvey reminded the Board that the Easterlins currently have a kennel on the
property, as well as a telecommunications facility operating under an existing class B special
use permit. He said kennels are not a permitted land use within the EDD1 category, but a
kennel is allowed in the EDD2 category. He said this will allow the owners to keep their
business going. He said the planning board has voted unanimously to recommend approval.
A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
close the public hearing.
VOTE: UNANIMOUS
A motion was made Commissioner Gordon, seconded by Commissioner Price to
approve:
a. Attachment 3 - Ordinance Amending the Zoning Atlas
b. Attachment 4 - Statement of Consistency authorizing the zoning atlas amendments as
detailed herein.
VOTE: UNANIMOUS
b. Unified Development Ordinance Text Amendment Related to Setbacks for Class II
Kennels Developed in the EDE-2 General Use Zoning District— Public Hearing
Closure and Action (No Additional Comments Accepted)
The Board received the Planning Board recommendation, closed the public hearing,
and considered making a decision on an application proposing a text amendment to the
Unified Development Ordinance (UDO) related to the required setbacks for Class II Kennels
developed within the Economic Development Eno High Intensity (EDE-2) general use zoning
district.
Michael Harvey said this item is to amend the existing setbacks for class 2 kennels in
the EDD2, from 100 feet to 25 feet. He said there is no additional comment at this time, only
the planning board recommendation.
Michael Harvey noted that the Easterlins have made expansions to their kennel that
conflict with required setbacks, and work has been done with staff to correct inconsistencies.
He said the Easterlins have chosen this course of action, as there was no other option. He
said planning staff is not in support of the proposal to amend the UDO. He said the planning
board voted 6-2 to deny the text amendment, and the two individuals that dissented felt there
should be compromise available to the client.
He noted that the applicant's original text amendment proposal has been placed in a
vernacular consistent with the unified development ordinance (UDO). He said there is a memo
from Attorney Mike Brough with respect to this application.
A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
approve the text amendment as contained in Attachment 5.
Commissioner Rich asked what this means for future requests for variances in
setbacks. She asked if this is the only kennel in the EDD2.
John Roberts said that if a kennel was to be built in this area in the future, it would have
the same setbacks; however these standards cannot be used in another zoning area, unless a
zoning text amendment was made.
Commissioner Rich asked if this would be used as a reference in future requests for a
change.
John Roberts said that would be a reasonable argument.
Chair Jacobs said this motion does not represent a perfect solution to a dilemma, but is
an opportunity for the County to live by what they say regarding the desire to support existing
businesses in the County. He feels that this is a good solution.
Commissioner Pelissier said it is a good solution. She said she highly respects the
planning board, but in this case she differed with their recommendation. She said a 150 ft
buffer in this district does put a lot of restraints on its use as a kennel. She said if there were
another kennel in this district, which is unlikely, she would feel comfortable with these same
setbacks.
Commissioner Dorosin said it is beneficial for the Board to take a zoomed-out view of
this decision and see this as making the ordinance more consistent with the broad policy that
has already been developed.
Commissioner Gordon said she feels that this property is a wonderful operation; but
she agrees with the planning board's recommendation.
Commissioner McKee said he has no concerns about the setback. He said this is
about accommodating small businesses and allowing them to continue operating. He said this
is about incentivizing a small business.
VOTE: Ayes, 6 — Nays, 1 (Commissioner Gordon)
c. Safe Routes to School (SRTS) Strategic Action Plan (No Additional Comments
Accepted)
The Board received the Orange Unified Transportation Board (OUTBoard)
recommendation, received comments and actions from Orange County Schools and the Town
of Hillsborough, and made a decision by considering a resolution approving the draft Safe
Routes to School (SRTS) Strategic Action Plan required for implementing a Safe Routes to
School program in Orange County.
Craig Benedict reviewed the following PowerPoint slides:
Orange County Board of County Commissioners Meeting
Agenda Item 5.c.
Safe Routes to School (SRTS)
Strategic Action Plan
(No Additional Comments Accepted)
Purpose of Tonight's Meeting:
To receive:
1) The OUTBoard recommendation;
2) Comments and actions from Orange County Schools;
3) Comments and actions from the Town of Hillsborough;
and
4) Consider adopting resolution approving SRTS Strategic
Action Plan required for implementing a SRTS program
in Orange County.
Background
Attachment 1: Amendment Outline Form
Attachment 2: Link to online copy of SRTS Plan
The BOCC held a public hearing on the SRTS Plan at its November 19, 2013 meeting.
No members of the public spoke in favor of, or against the Plan.
The BOCC requested:
1) additional details about project costs and funding (meeting held with NCDOT, Attachment
3);
and
2) that staff prepare charts depicting the number of students within walking distance
(Attachment 4);
Background
The SRTS Plan was reviewed and approved by:
➢ The OUTBoard on December 18, 2013 (Attachment 5)
• Nancy Baker, Pascale Mittendorf, and Holly Reid provided
history on the need and benefits of the SRTS program and
plan and spoke in favor
• No one spoke in opposition
• There were questions and comments about specific projects
• There were discussions regarding maintenance of projects
• The Board unanimously recommended that the BOCC
approve the SRTS Strategic Action Plan
Background
The SRTS Plan was reviewed and approved by:
➢ The Orange County Board of Education on February 24, 2014
and March 10, 2014 (Attachment 6)
• No one spoke in favor of, or opposition to the Plan
• There was brief positive Board discussion
• The Plan was unanimously approved
➢ The Town of Hillsborough on March 10, 2014 (Attachment 7)
• No one spoke in favor of, or opposition to the Plan
• There was brief positive Board discussion
• The Plan was unanimously approved
Background
February 27, 2014 meeting held with the Town of Hillsborough to discuss sidewalk
maintenance.
Precedent of a December 2004 sidewalk maintenance agreement for a portion of Homestead
Road with Carrboro and Chapel Hill, and included an encroachment agreement with NCDOT.
Implementation - Next Steps
❑ A SRTS Action Plan Advisory Committee (APAC) will be established that would be
responsible for advocating plan implementation and assist with programming and grant
writing, evaluating plan progress, and assessing plan priorities.
❑ Multiple subsequent implementation action steps are outlined and prioritized in the
Plan, that will be subject to the recommendations of the APAC and approval of the
BOCC.
❑ Orange County to serve as the lead planning agency in advancing implementation of
the Plan.
SRTS Project Funding
❑ Established under previous federal legislation (SAFETEA-LU), now MAP-21
➢ Reimbursement program
➢ No local match required
❑ Remaining SAFETEA-LU funds are available
❑ Orange County can compete for remaining funds with an adopted SRTS Plan (no local
match)
❑ Other potential miscellaneous sources of funding
Commissioner Price referred to the graphs in their abstract regarding the study done in
2010 and asked if this was a select group.
Craig Benedict said there were specific interest groups that came forward from the
different Orange County schools to discuss this overall program. He said one of the focused
areas was Orange Grove Road, because the survey showed that a lot of residents crossed the
bridge on this road to get to the elementary and high schools. He said residents are not
encouraged to walk here, as the bridge is not a safe area.
Commissioner Gordon asked for clarification on what pertains to the Chapel Hill
Carrboro City Schools (CHCCS).
Craig Benedict said the concept for this program could be replicated in CHCCS if they
so choose.
Commissioner Gordon asked if there is an executive summary.
Abigaile Pittman said attachment 2 from the November 19, 2013 meeting is in their
packet.
Craig Benedict said there are summary pages within the documents, and this can be
collapsed into something that provides a good executive summary.
Commissioner Gordon said that would be helpful.
Chair Jacobs asked if the public can speak.
Craig Benedict said the public could speak.
NO PUBLIC COMMENT
Commissioner Rich asked if staff has discussed this issue with the CHCCS and
identified any schools that could take advantage of it.
Craig Benedict said Department of Transportation (DOT) representative Chuck
Edwards has been in touch with the school system, and the schools are familiar with what
Orange County is doing. He said this can be replicated.
Commissioner Rich said it would be great to see kids walking to school on Sewell
School Road if there were a sidewalk.
Chair Jacobs asked if staff worked with CHCCS on the provision of sidewalks on
Homestead Road.
Craig Benedict said yes.
Commissioner Gordon said staff could send this item to the attention of CHCCS. She
suggested noting that this has just been approved by the Board of County Commissioners,
and it could possibly be done in CHCCS.
A motion was made by Commissioner Rich, seconded by Commissioner Price to close
the public hearing.
VOTE: UNANIMOUS
Commissioner Dorosin said the graphs in their packet are not helpful, because there is
no context or explanation. He said this just raises more questions, and he suggested being
more conscientious about this.
Craig Benedict agreed, and said an introductory abstract could be added.
A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to:
1. Receive the OUTBoard's recommendation of approval;
2. Receive comments and actions from Orange County Schools and the Town of
Hillsborough;
3. Receive any written comments;
4. Approved and authorize the Chair to sign the Resolution (Attachment 8) adopting the Safe
Routes to School (SRTS) Strategic Action Plan
VOTE: UNANIMOUS
d. Orange County Community Development Block Grant (CDBG) Program — FY
2014 Infrastructure Program - $3,000,000
The Board received public comments regarding a proposed FY 2014 Community
Development Block Grant (CDBG) Infrastructure Program Application, considered approving a
resolution authorizing the submission of the formal application document due by May 1, 2014
and authorizing the Chair to sign the application and corresponding attachments on behalf of
the Board.
James Davis said it was determined that the plumbing for the extension of sewer
services to the Rogers Road area would need to come from the County's and Town's general
revenue sources rather than solid waste reserves. He said the estimated cost is $5.8 million.
He said the Department of Environment and Natural Resources has $26 million in CDBG funds
for infrastructure activities, and eligible municipalities may apply for up to $3 million to make
improvements to public water or sewer.
He referred to a different map than the one included in the abstract. He said as of
January 2014, there was a church by the Weaver area that extended sewer service and
reduced the number of parcels down to 85.
Chair Jacobs said this matter came up with a short turnaround time, and staff
endeavored to put this together in a timely manner, hoping for a positive outcome.
NO PUBLIC COMMENT
A motion was made by Commissioner McKee, seconded by Commissioner Price to
close the public hearing.
VOTE: UNANIMOUS
Commissioner Dorosin referred to the map and asked about the brown striped areas,
which referenced potential contamination.
James Davis said that is referencing areas of potential soil contamination. He said
these were identified and presented to OWASA, who took into account these areas when
proposing sewer lines. He said the red lines showed where sewer lines will go.
Commissioner Dorosin asked who has identified this possible contamination.
Michael Talbert said it is a combination of people. He said a church was looking to
build in this area and completed a phase 1 environmental study that found surface level
contamination, and no further investigation was done. He said the second site also noted
surface level contamination. He said these were outlined as areas that OWASA may want to
avoid in putting down sewer lines.
A motion was made by Commissioner Price, seconded by Commissioner McKee:
1) Approve and authorize the Chair to sign the resolution authorizing the submission of the
formal application document by May 1, 2014; and
2) Authorize the Chair to sign the application and corresponding documents on behalf of the
Board.
Commissioner Dorosin gave thanks to staff for working with this tight timeline.
VOTE: UNANIMOUS
e. Orange County's Proposed 2014 Legislative Agenda
The Board conducted a public hearing on Orange County's potential legislative items
for the 2014 North Carolina General Assembly Session; closed the public hearing and
reviewed and discussed the Legislative Issues Work Group's (LIWG) proposed 2014
legislative package and any other potential items for inclusion in Orange County's legislative
agenda package for the 2014 North Carolina General Assembly Session; considered approval
of one proposed legislative matters resolution on Statewide Issues; and considered identifying
three to five specific items from the entire package to highlight for priority discussion at the
April 28, 2014 meeting with Orange County's legislative delegation.
Greg Wilder said the purpose of tonight is to conduct a public hearing and to consider
items developed by the work group and highlight 3 to 5 items from the Board of County
Commissioners' resolution or the NCACC resolution.
He noted that Commissioner McKee and Commissioner Price served on the Legislative
Issues Work Group.
Commissioner McKee said this is not meant to be all inclusive, and this is a short
session this year. He noted that there are other issues, but the focus is on issues that have
repeatedly been on past agendas. He said some of these were winnowed down and removed
from the list to create a manageable number.
Commissioner Price said effort was made to stay with the NCACC agenda, since they
will be strongly working on those issues.
Chair Jacobs said there are two items at the Commissioner's places. He asked
Commissioner Rich to review the first item.
Commissioner Rich referred the proposed resolution on coal ash at their places -
"RESOLUTION REQUESTING LEGISLATIVE ACTION ON COAL ASH IN N.C." She said the
County is not threatened directly, but this is a resolution of solidarity with those counties that
are affected by coal ash. She requested that this be added to the legislative agenda.
Chair Jacobs said the other item, noted on the yellow sheet, is proposed legislation
authorizing counties to require residents to participate in solid waste collection programs
conducted by counties and impose a fee for the solid waste collection services in a manner
similar to the authority granted to cities. He said the fee may not exceed the costs of
collection.
He said this was introduced last year, and there is some concern as to whether or not this can
be introduced as local legislation, but it was a priority.
Commissioner McKee requested the Board pull item 1, "Revenue Options for Local
Government," from the legislative agenda so it could be considered separately.
NO PUBLIC COMMENT
A motion was made by Commissioner McKee, seconded by Commissioner Gordon to
add the following items to their legislative agenda: RESOLUTION REQUESTING
LEGISLATIVE ACTION ON COAL ASH IN N.C.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Gordon to
add the following item to the legislative agenda: proposed legislation authorizing counties to
require county residents to participate in solid waste collection programs conducted by
counties.
Commissioner Pelissier said NCACC staff is considering whether or not this has to be a
public bill. She said the County's original intent was to make it a local bill.
John Roberts said he was told this had to be submitted as a statewide bill. He cannot
say this is 100 percent accurate, but it would have a better chance of getting passed as a local
bill.
Commissioner Pelissier suggested that the Board could find out the answer to this
question. She said it would be best if this was a local bill rather than state bill.
Chair Jacobs said this can be discussed at the upcoming meeting with the legislative
delegation.
Commissioner Dorosin said he is not going to vote to include this because he believes
the County has this authority under the existing legislation. He asked that this one item be
voted on separately.
Commissioner McKee said he would consider this as friendly amendment.
Commissioner Gordon questioned how this would work if the Commissioners vote to
pass it as part of packet, versus separately. She asked if the packet as a whole will be given
to the legislative delegation.
Chair Jacobs said these are the County's priorities, and the NCACC priorities are only
attached for reference.
Commissioner Gordon asked if everything but attachment 3 would be included.
Chair Jacob said page 17 is noted to be only for reference purposes.
Commissioner Gordon confirmed that the packet ends at page 16.
Greg Wilder noted that Commissioner McKee has voted against option 1 in past years,
and in the adopting resolution approved by the Board, separate votes on separate items have
been noted. He said this will be part of the package.
Commissioner Dorosin withdrew his friendly amendment.
Commissioner Price said this is titled as solid waste, and she asked if this is actually
about recycling.
Chair Jacobs read the language and said this is just part of the nomenclature. He said
the Board can give this a different title that specifies "participation in solid waste programs as it
relates to recycling."
VOTE: Ayes, 5 (Chair Jacobs, Commissioner McKee, Commissioner Rich,
Commissioner Gordon, and Commissioner Pelissier); Nays, 2 (Commissioner Dorosin and
Commissioner Price)
Chair Jacobs invited discussion regarding Item #1 - Revenue Options for Local
Government. He said this states that any revenue source available to one or more local
governments should be available to all local governments.
A motion was made by Commissioner Pelissier, seconded by to Commissioner Price to
approve keeping this as part of their legislative agenda.
Commissioner McKee said this would authorize the Board of County Commissioners to
impose a transfer tax, which failed several years ago with the voters. He feels that any taxing
authority of that magnitude should go back to the voters.
VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
approve the legislative agenda packet with the two additional items.
VOTE: Ayes, 6; Nays, 1 (Commissioner Dorosin)
Chair Jacobs said the Board now needs to decide on 3 to 5 priorities to move forward
for discussion with their legislative delegation.
Commissioner Pelissier suggested #5 -Smart Start and More at Four.
Commissioner Dorosin argued for highlighting the most progressive elements of the list
as follows:
• #5 Smart Start and More at Four
• #3 Broadband
• # 8 Authority to Amend the Orange County Civil Rights Ordinance
• # 13 Homestead Exemption
• #16 Concealed Weapons in Parks
Commissioner Gordon suggested #11 - Land, Water and Agricultural Preservation
Funding/Conservation.
Commissioner McKee suggested #2 — Oppose any shift of State Transportation
responsibilities to counties.
Commissioner Price agreed with Commissioner Dorosin. She said the NCACC will
already be doggedly after item #2.
Commissioner McKee said item #2 has an unmatched financial impact. He said this
item would affect every aspect of Orange County, as the additional responsibilities will pull
money from other projects.
Commissioner Gordon said some of the most progressive items don't have a chance to
pass, and she feels there needs to be a balance between making a statement and putting
forward items that have a chance of passing.
Commissioner Price asked if the Board is presenting the whole package to the
delegation and then discussing 5 in detail. She would like to let the delegation know which of
these are important.
Chair Jacobs said there is no magic number. He is comfortable with the all of the 7 that
have been identified. He said the Board will discuss those 7 items and any others as time
allows. He said this will allow everyone to have some stake in the discussion.
A motion was made by Commissioner Gordon seconded by Commissioner Price to:
1) Conduct a public hearing on Orange County's potential legislative items for the 2014 North
Carolina General Assembly Session;
2) Close the public hearing and review and discuss the Legislative Issues Work
Group's (LIWG) proposed 2014 legislative package and any other potential items for inclusion
in Orange County's legislative agenda package for the2014 North Carolina General Assembly
Session (two additional items)
3) Approve the proposed legislative matters resolution on Statewide Issues; and
4) Consider identifying three to five specific items from the entire package to highlight for
priority discussion at the April 28, 2014 meeting with Orange County's legislative delegation:
• #5 - Smart Start and More at Four
• #3 Broadband,
• # 8 Authority to Amend the Orange County Civil Rights Ordinance
• # 13 – Homestead Exemption
• #16—Concealed Weapons in Parks
• 11: Land, Water and Agricultural Preservation Funding/Conservation
• #2 –Oppose any shift of State Transportation responsibilities to counties
VOTE: UNANIMOUS
6. Consent Agenda
• Removal of Any Items from Consent Agenda
NONE
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Price seconded by Commissioner Pelissier to
approve the remaining items on the agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
a. Minutes
The Board approved the minutes from February 24 and March 6, 2014 as submitted by the
Clerk to the Board.
b. Fiscal Year 2013-14 Budget Amendment#7
The Board will approved budget and grant project ordinance amendments for fiscal year 2013-
14 for: Department of Social Services; Animal Services Department; Department on Aging;
Sheriff Department; Emergency Services, and Library.
c. Use Agreement between Orange County and the New Hope Fire Department
The Board approved the recommendation from the Emergency Services Director to enter into
an agreement with the New Hope Fire Department (NHFD) in order to place one (1) EMS
ambulance at Station #2 located at 4700 NC Highway 86, Chapel Hill, North Carolina and
authorized the manager to sign.
d. Use Agreement between Orange County and Orange Rural Fire Department
The Board approved the recommendation from the Emergency Services Director to revise the
agreement with the Orange Rural Fire Department (ORFD) that provides for the location of one
(1) emergency medical services (EMS) ambulance at the 835 Phelps Road station since March
2013 and authorized the Manager to sign.
e. Use Agreement between Orange County and Carrboro Fire & Rescue
The Board approved the recommendation from the Emergency Services Director to enter into
an agreement with the Town of Carrboro Fire & Rescue Department (CFRD) in order to locate
one (1) emergency medical services (EMS) ambulance at Station #1 located at 301 W. Main
Street, and one at Station #2 located at 1411 Homestead Road and authorize the Manager to
sign.
f. Terra Dotta, LLC Lease — 501 W. Franklin Street, Suites 105, 106 & 200
The Board will approved a Lease with Terra Dotta, LLC for Suites 105,106, and 200 at 501
West Franklin Street for a two year term through April 30, 2016; and authorized the Chair to
sign all necessary documents upon final review of the County Attorney.
g. Mount Willing Road Bridge Drainage Easement and Right of Entry Agreement to North
Carolina Department of Transportation
The Board approved a dedication of drainage easement and right of entry to the North
Carolina Department of Transportation ("NCDOT") for bridge improvements along Mount
Willing Road, upon final review of the County Attorney, and to authorize the Chair to sign on
behalf of the Board.
h. CDBG Program — Language Access Plan
The Board approved of a Language Access Plan for the County Community Development
Block Grant (CDBG) Program and authorized the Chair to sign.
L Agreement with the State for Federal Assistance
The Board approved an agreement with the State of North Carolina for assistance related to
the recovery from the March 6-7, 2014 Severe Winter Weather incident and authorized the
Chair to sign.
j. Designation of Orange County Agent for FEMA Public Assistance
The Board designated Shari Porterfield (primary agent) and Clarence Grier (secondary agent)
for Orange County's application for FEMA's Public Assistance for the recovery related to the
March 6-7, 2014 Winter Storm, and directed the Clerk to the Board of County Commissioners
to sign as the Certifying Official.
7. Regular Agenda
a. Bid Award — Orange County MSW Landfill Closure
The Board considered awarding the general construction bid to and approving a
construction agreement with T&K Construction, LLC of Vinemont, AL in the amount of
$3,432,142 for the construction associated with the closure of the Orange County Municipal
Solid Waste (MSW) Landfill; authorizing the Chair to sign the general construction agreement
on behalf of the Board of County Commissioners, subject to the final review by the County
Attorney; and authorizing the Manager to execute individual change orders within the limits of
the Manager's authority ($250,000) up to the extent of the project budget.
Gayle Wilson said two years ago the Board of County Commissioners directed staff to
close the MSW landfill as of June 30, 2013. He said state regulations require a highly
engineered cap must be constructed on top of the landfill. He said the components of this
cover include: 1 foot minimum of soil; 40 mill synthetic liner; geocomposite drainage layer; 18
inches of soil; and 6 inches of top soil with vegetative cover. He said the reason for this cap is
to prevent infiltration of water into the waste and to maintain positive drainage of storm water.
He said the landfill will require a minimum of 30 years of monitoring and maintenance.
He said the lowest responsive bidder was T&K Construction, LLC of Vinemont, AL in
the amount of$3,432,142 for the construction associated with the closure of the Orange
County MSW Landfill.
Commissioner Dorosin asked for more information on the contract and its duration.
Gayle Wilson said this is only for the construction of the cap, which takes about 6
months. He said the long term maintenance will be the responsibility of the County staff.
Chair Jacobs noted that money is appropriated from landfill reserves. He asked for the
current total amount of landfill reserves.
Clarence Grier said the total land fill reserves are $18.1 million
Chair Jacobs said the Board has heard of recreational facilities on top of landfills. He
asked if this is feasible here.
Gayle Wilson said this has been discussed, and in theory it is possible, but the cap
system's integrity must be maintained for at least 30 years. He said passive recreation
activities can be considered in future years but not in the short term, due to methane gas
production. He said this could constrain any recreational activity for up to 20 years.
Chair Jacobs said he would like more information on landfills being used for possible
recreational opportunities.
Commissioner Price said landfills can sink, and it is risky to consider any short term
plans.
Commissioner Rich said she thought the Board had discussed this before.
Commissioner Rich referred to attachment 1 and asked why is there is a $3 million
difference in the bids.
Gayle Wilson said typically some firms do more research, while others may not have
looked at project in its entirety.
Commissioner Pelissier asked if there is any risk that the contractor may do something
that is faulty. She asked if there is insurance for that.
Gayle Wilson said that is a possibility, but the regulations account for that with a multi-
layered quality assurance/quality control program. He said this program closely monitors and
tests the different steps in the process. He said there will be oversight from staff engineers,
the engineering company and an additional quality control firm, as well as other testing
requirements.
John Roberts said Gayle Wilson answered it very succinctly. He said he does not have
concerns about risks.
PUBLIC COMMENT:
Mark Marcoplos said he has heard of a photovoltaic cover that produces electricity for
alternative energy uses. He asked if this can be added to the proposal.
Gayle Wilson said there are some facilities that are demonstrating that, and the
technology is advancing. He said the problem with landfills is that they subside over time and
rigid covers must then be re-oriented. He said there are now self-leveling covers, and there is
a test site in North Carolina. He said this is a possibility.
Chair Jacobs said a solar company approached the County at one point regarding solar
panels, but the decision deadline was too tight.
Gayle Wilson said the company was also competing with the methane gas recovery
system.
A motion was made by Commissioner McKee, seconded by Commissioner Rich to:
1) Award the general construction bid to and approve the construction agreement with T&K
Construction, LLC of Vinemont, AL in the amount of$3,432,142 for the construction
associated with the closure of the Orange County MSW Landfill;
2) Authorize the Chair to sign the general construction agreement on behalf of the Board of
County Commissioners, subject to final review by the County Attorney; and
3) Authorize the Manager to execute individual change orders within the limits of the
Manager's
authority ($250,000) up to the extent of the project budget.
*4) Request staff to investigate recreational and alternative energy options.
Chair Jacobs asked if this motion can include a request to have staff investigate
recreation and alternative energy options.
Commissioner McKee said yes
Commissioner Dorosin noted that there are additional costs outside of the bid that are
part of project.
VOTE: UNANIMOUS
b. Solid Waste Service Tax District for Recycling
The Board discussed issues surrounding the establishment of a Solid Waste Service
Tax District to fund the rural curbside/roadside recycling collection service, including
information received during two Public Hearings, and to decide the method of funding for this
County provided program.
Gayle Wilson reviewed the background information from the abstract and said the
Board of Commissioners has investigated various options to replace the previously eliminated
rural 3-R fee over the past year and a half. He said the Board expressed interest in a solid
waste district, and two public hearings have been held to discuss this. He said there is
currently no funding provided for continuation of the curbside recycling program for 2014/2015.
He said an alternate opt in program has also been discussed.
Michael Talbert said the County has already held two public hearings. He said the
financial impact of moving forward with a tax district would be 1.5 cents on the tax rate for
about 20,000 parcels. He said this would raise the revenue to provide service for everyone in
the district.
Michael Talbert said the Board has already looked at a franchise tax and subscription
service but voted on the intent to move forward with a service tax district. He said time is
running out, and if the Board does not do this tonight, the option would need to be abandoned
for at least another year.
PUBLIC COMMENT
Bonnie Hauser thanked the Board for listening to the public comment and opposition to
this service district tax. She said the problem is not the tax, but the service model. She said
the County needs to find a fair and effective way to provide a choice of curbside or
convenience center services to the community. She said part of the solution could lie with the
towns, especially for suburban communities in the ETJ, and that is why the towns need to be
part of the discussion. She said the curbside tax discussion did not address the growing
concern over the County's convenience center and recycling fees, which have tripled over the
last few years. She said, even with the increase, the fees do not cover the cost of County
services, which rely on sizeable subsidies from the general fund. She asked the Board to
consider finding a simple way to fund rural curbside recycling for the short term. She asked
the Board to start a work group of professionals and citizens to explore services, costs and
fees for trash and recycling services. She would like to see the program enhanced with
composting and other services. She said fees should be simplified to be made transparent.
She asked for exploration of ways to fund services without subsidies from the general fund.
She asked for a halt on capital spending for convenience centers and roll carts until a plan for
the future is made.
Chair Jacobs said the Board appreciated the level of public comment through emails
and public hearings. He said the Board has worked hard to create avenues for exchange of
information through the hiring of a public affairs officer, email, website improvements, and the
future move to a cable ready meeting room in Hillsborough.
Chair Jacobs said the Board did listen, and it did make a difference in how the
Commissioners looked at the proposal. He said the Board saw an unwavering commitment to
recycling in the County.
Chair Jacobs said neither option before the Board is viable at this point, and there are
better next steps to take.
Commissioner Dorosin said it is clear to him that a one size fits all solution is not going
to work, due to the different levels of density and rural components of the County. He said
some neighborhoods are densely populated, and curbside recycling makes a lot of sense;
however a lot of folks live in the rural areas with long driveways and no curbs. He said it does
not make sense to try and squeeze either of these square pegs into round holes. He said the
context has changed since the Board originally looked at this issue, and there is now better
collaboration with the towns. He said this change creates an opportunity to re-visit all of the
options for the broader picture of solid waste. He said there is an opportunity to step back for
a moment and come up with a comprehensive plan that addresses the differing demands of
the different communities in the County.
Chair Jacobs noted that the Board has a work session on May 13th where they will
discuss a draft solid waste inter-local agreement, and this conversation can be continued then.
Commissioner Rich agreed with the previous comments, and she feels that it is
important to include their partners in this conversation. She said the idea of going into the
general fund means the people in the towns are paying twice for recycling. She would like to
continue this conversation at a work session.
Commissioner Pelissier said there may be more to discuss, but the fact that the towns
decided to continue the fees next year indicates that there is already a partnership, and there
was an expectation that the County would not draw from the general fund. She said the
County has not done a good job of painting the big picture of countywide recycling. She said
many individuals felt it was unfair to base this tax on property tax; however the County is
already paying for a large percentage of recycling at the convenience centers through the
general fund, which is property tax. She said there is already an inequitable system, and it will
be aggravated if the Board does not make a decision. She said the Board needs to look at all
aspects of recycling, not only curbside recycling. She said she is disappointed at where the
Board is right now.
Commissioner McKee said the Board held two public hearings with the intent of
creating a solid waste service district, and the response was loud and clear on both sides. He
said neither of the two options —the tax district or the subscription service -will pass tonight.
He said he still thinks the subscription service is a viable option, and he will continue to
advocate for it.
Commissioner McKee called for this discussion to be put into a work group similar to
the Emergency Services work group. He said this work group should include representatives
from the towns, solid waste and the community, and these representatives should spend the
next year discussing this issue.
He said this should be put into a separate entity and looked at in a holistic manner in
order to bring back a solution. He said the County is now in a place of paying to haul its trash
into another community. He said all suggestions need to be considered, and the issue needs
to not be continually kicked down the road. He said this process happened with the siting of a
transfer station. He said the Board needs to come to a point and accept the political
consequences and make a decision.
Chair Jacobs disagreed that this is like the transfer station issue, with the exception of
listening to the public. He said the Board decided respectfully not to accept what was
suggested by staff, but he does not feel that this is kicking the can down the road. He said
The Board started the process discussing options for rural recycling at a time when the County
was going it alone with all aspects of solid waste. He said on the 13th the Board will be
discussing an inter-local agreement which brings them back into discussion with their partners.
He said staff has been trying to meet with vendors and advocates to get fresh ideas on various
aspects of waste reduction. He said the frequently asked questions list is up to 70 questions,
and the Board has not even discussed these. He said the Board has not decided that the only
option is to fund with the general fund. He said he feels more confident that the Board can
come up with a good plan through working with its partners. He said this is a proactive way to
look at the issue; marshal resources; create partnerships; ask the right questions; and
articulate goals before moving forward.
Commissioner Dorosin said one thing that came out of the hearings that was
disheartening to him was the opposition to using property tax instead of a fee. He said
property tax is a progressive tax, and it is the fairest way to distribute those costs. He said flat
fees hurt lower wealth residents. He said, when thinking about social justice and equity,
property tax is the best way of addressing the fairness in taxation.
Commissioner Pelissier said everyone has trash and recyclables. She said one of the
problems is that residents look at solid waste as an individual service, while the County looks
at it as a program for solid waste reduction and reducing the carbon footprint. She said it is
easy to get caught up in the perception of this as an individual service and it is a hard thing to
communicate the difference. She said that it was clear that the public is overwhelmingly
against the solid waste district tax. She said many who opposed the service district spoke out
in the public hearings, but what the public and media did not see were the many emails that
the Board received in support of this tax district. She said she would like to have a way to put
this information on the internet to allow people to see this support. She feels there were many
more emails in favor of this, than against it.
Commissioner Rich thanked Commissioner Pelissier for pointing this out and said she
feels it is important for all of the voices to be heard. She said most of the emails she received
were in favor of the tax. She said these emails should be public.
Commissioner McKee said most of the emails he received were against the tax.
Commissioner Gordon said she is going to remain optimistic. She had hoped the
Board would be in a position to make a decision tonight, but this is not going to happen. She
said her optimism is that the Board might be able to come up with some steps for moving
forward at the May 13th work session.
Commissioner Price said she received a lot of emails from people wanting the tax, but
most of these people lived close to urban areas. She agreed with Commissioner McKee that
there were a lot of emails and written notes from those in the district who were opposed to the
tax. She said the rural residents already have to take trash to the convenience centers, and
many rural residents also own vacant property that would be a tax burden.
Chair Jacobs asked Information Technology staff to pull out every email that related to
solid waste tax district and post it on the County website. He said there were very cogent and
impassioned emails from both sides, and the public should be able to see this.
Chair Jacobs said the Board needs to pull back into the same orbit with all of the
partners involved before making any further decisions. He said there needs to be a plan for
some sort of work group or entity.
Commissioner Rich suggested the addition of some parameters to avoid the upcoming
work session being an open ended event.
Commissioner Pelissier said the Board needs to clearly articulate the Board's desire to
continue rural recycling. She suggested giving staff direction to add on the additional homes
for recycling, and she would like clarification that this could be done for the same cost of the
current services. She said there needs to be a plan for what will be done next fiscal year
Chair Jacobs suggested the addition of an item to the May 8th agenda to allow the
Board an opportunity to identify issues for further discussion. He said it would be good to have
a guided conversation to look at the FAQ and talk about the bigger picture for recycling and
solid waste in relation to their partners.
Michael Talbert said staff can do that, but there are only 5 days between May 8th and
13th, so there will be very little time to react. He said any guidance that can be given tonight
would be helpful if there is information needed.
Commissioner McKee referred to Commissioner Pelissier's earlier comments. He
asked if she was speaking of expanding the coverage area per a tax district.
Commissioner Pelissier said she is asking who is going to be served in the next fiscal
year, and she is suggesting the Board may want to expand the district if it can be done for the
same cost.
Commissioner McKee said he feels it is premature to discuss this until it is decided if
there will be a tax district.
Commissioner Pelissier said she is not saying a tax district will be used; she is just
questioning who will be served.
Chair Jacobs said he has been interested in a cost benefit ratio that includes the
percentage of recycling and tells if it is more cost effective to serve denser neighborhoods first.
He said this information would help further the conversation.
Michael Talbert said staff had talked about serving the existing the 13,700 customers.
He said if the system moves to single stream, this would allow for the addition of 1,650 new
customers with no new additional costs due to efficiencies. He said this also anticipates the
continued service to the current residents and the transition to a roll cart environment. He said
neither of these decisions has been made, and they must be made before moving forward.
Chair Jacobs suggested the Board spend the next 5 minutes giving feedback to the
manager in preparation for a conversation at the work session. He said there are a number of
issues, including options for collection and charging and how this relates to the larger waste
collection program.
Commissioner Dorosin said it would be helpful for the manager to come back with a list
of what the Board needs to decide. He suggested the possibility of borrowing $630,000 from
the landfill reserve fund to cover recycling for next year. He said this will avoid dipping into the
general fund and alienating their partners. He said the projected economic rebound should
allow this money to be paid back over the next 30 years. He would like to hear the feasibility
of this, in order to allow more time to discuss this program and make a decision. He suggested
the allowance of one year, with a deadline of July 1, 2015 for a decision on solid waste. He
said if it is true that the number served can be increased for the same cost, he does not see
why this would not be done. He said one other issue was the possibility of increasing times or
access to the convenience centers. He said many of the suburban areas are in the ETJ, and
he wonders about the legal possibility of the towns extending fees and service to these areas.
Chair Jacobs said one area of exploration is to look at the possible legal options.
Commissioner Pelissier said she would like to make a commitment to provide recycling
to the households in the proposed tax districts and to give roll carts to those that want it.
Commissioner Gordon said she would like to know all of the options for how the County
is going to pay for recycling for the 13,700 people who are getting curbside now.
Commissioner McKee agreed with Commissioner Dorosin's idea of funding next year's
recycling out of the solid waste reserve fund; otherwise the town people are getting charged
double.
Commissioner McKee said the idea of a motion on the floor to expand service without
voting on the proposed tax district rubs him the wrong way. He said the Board needs to wait
and discuss everything instead of putting some things on the table and taking some things off.
Commissioner Rich said this has been an unfortunate conversation from the beginning,
and she has never felt more cornered as an elected official. She said the willingness to listen
to people and then go back and discuss it in a work session was helpful; however, she does
not feel that she is having the conversation she wanted.
Commissioner Rich said she would like to know about finances, and she feels it is
important to protect the relationship with their partners. She said all of the partners agreed on
roll carts, and she does not want to delay this, as the people in the towns want them. She said
the amount in the landfill reserve does allow for creative use of those funds. She wants to
know all of the legal options that are available.
Commissioner Price said she agrees with Commissioner Dorosin, and she would like to
see more information on the legal options. She thinks there should be more people at the
table as this decision is made, including elected officials from the towns and home owners who
will be affected.
Chair Jacobs directed Michael Talbert to page 2 of the abstract, which outlines the key
elements as outlined by the Board. He read these items and said these are still the basic
parameters. He said the Board still has questions about funding, fairness and equity, and the
operational efficiency of the program.
A motion was made by Commissioner Pelissier to commit to provide recycling to the
households in the proposed tax districts and to give roll carts to those that want it.
No second.
Motion fails.
Chair Jacobs said he hopes the County will keep moving forward to develop a program
that will bring closure to this by the 2014/2015 fiscal year.
b. DC Fast Charger Electric Vehicle Station Licensing Agreement with Brightfield
Transportation Solutions
The Board considered approving a Licensing Agreement and associated Easements
granted to Brightfield Transportation Solutions for electric vehicle "DC Fast Charger" fueling
station construction and operations at The Justice Facility parking lot in Hillsborough, NC and
the Skills Development Center parking lot in Chapel Hill, NC; authorizing the Chair to sign all
necessary documents upon final review of the County Attorney.
Jeff Thompson said the County received an $85,000 grant from the Department of
Energy in 2011 through the Carolina Blue Skies Initiative. He reviewed the following
PowerPoint slides:
Brightfield charging station slide:
DC Fast Charger Electric Vehicle Licensing Agreement with Brightfield Transportation
Solutions
Purpose
• Consider awarding a Licensing Agreement and associated Easements to Brightfield
Transportation Solutions for
• Electric vehicle "DC Fast Charger" fueling stations
• The Justice Facility parking lot in Hillsborough NC
• Skills Development Center parking lot in Chapel Hill NC
• Authorize the Chair to sign all necessary documents upon final review of the County
Attorney
BACKGROUND
• 16 "LEVEL 2" Electrical vehicle charging stations installed in 2011 using US
Department of Energy grant funds
• County adoption of the technology prompted Carolina Blue Skies Initiative to
recommend Orange County for DC Fast Charger Technology with Brightfield
Transportation
DC FAST CHARGER
• "LEVEL 3" Electrical vehicle charging station
• 30 minute charge time
• Solar photovoltaic technology
• Significant capital costs borne by Brightfield
Location #1: Parking Lot behind District Attorney's Building
Benefits:
1. Near Farmers Market and vibrant downtown
2. Large green space and river park
Location #2: Skills Development Center
One of the 2 sites (shown with green blocks) will be chosen.
1. Nightlife and lifestyle parking
2. Level 2 electric vehicle charging stations on currently on premises
Agreement Terms
Licensing Agreement includes:
• 9 year licensing term; option to continue license or purchase after 9 years
• County provides station real estate - no cost to County
• Infrastructure installed and maintained by Brightfield
• Orange County and partners discount on electricity (Municipalities, School
Systems, Utility Systems, Court System)
BrightField Introduction
Matthew Johnson - Co-Founder of Brightfield Transportation Solutions
Brightfield Electric Vehicle Charging Stations
• Station includes:
— (1) Level three DC Fast Charge ( Charge a vehicle in 30 minutes)
— (2) Level two charges (charge a vehicle in 6 to 8 hours)
— Solar Panels sell electricity directly back to utility
• Charge customers a small fee
— $1.50/Hour for Level 2 charger
— $8/charge for Level three charge
• Parking for spaces is still available to all County residents
• Two possible locations identified in Orange County
Recommendation
• To award a Licensing Agreement and associated Easements to Brightfield
Transportation Solutions for
— Electric vehicle "DC Fast Charger" fueling stations
• The Justice Facility parking lot in Hillsborough NC
• Skills Development Center parking lot in Chapel Hill NC
• Authorize the Chair to sign all necessary documents upon final review of the County
Attorney
Jeff Thompson introduced Matthew Jackson from Brightfields Transportation.
Matthew Jackson said his company is working with 9 other municipalities across the
state of North Carolina to play a role in providing an alternative to coal, fire and electricity. He
said his company's goal is to move to renewable energy.
He said his company is partnering with Nissan North America as part of the cocktail of
funding to make this happen. He said the DC Brightfield is a North Carolina made product. He
said the higher powered level 2 chargers will co-locate with some of the current similar
chargers and this will work out to the $1.50 per hour charge, which equates to about $1.25 for
gas. He said the level 3 charge will be a single charge event regardless of whether the car's
charge is half full or empty. He said the goal is to help Orange County create access to
technology and show that this is a sustainable business model.
Commissioner Rich clarified that there is currently no charge, as the County does not
have capability to charge. She said her concern is how to prevent people who do not have
electric vehicles from parking there.
Jeff Thompson said the County currently cannot discriminate, as the parking need
trumps the station. He said these spots have been there since 2011, and there has not been
competition for the spaces except for occasional times in Chapel Hill.
Commissioner Rich said there are about 100 electric cars in County.
Matthew Jackson said there are 104, and this is up from 78 just six months ago.
Commissioner Rich said she agrees that there are going to be more and more cars.
She is a little concerned about access to charger.
Jeff Thompson said staff will use next few months to work out some of these issues.
He said there has been a large amount of growth in the number of vehicles, and there will be
an increase in demand.
Chair Jacobs said the signs do encourage people to leave the spaces open if other
spaces are available. He said the anticipated problem will be a good problem to have.
Commissioner Dorosin asked if a longer cord could be attached to allow charging even
if someone else was parked in the space.
Matthew Jackson said would likely not pass the inspections department due to the
tripping hazard. He said right now staff is willing to take a gamble on this without a sign.
Commissioner McKee referred to page 7 of the agreement where it refers to a transition
to electric-only spaces once there are 50 or more vehicles in the County. He noted that there
are 104 vehicles currently.
Matthew Jackson said these are guidelines, but there is a note at the bottom of the
page stating that these are not enforceable.
Jeff Thompson said the enforceability language trumps the cap. He said it gives the
County the ability to formulate a policy.
Commissioner Price asked if these will only be funded at County facilities
Jeff Thompson said yes.
Commissioner Price asked if these chargers will be available for individuals or
commercial establishments.
Matthew Jackson said the business model is that these will be funded on public land,
but they will be for sale on private land. He said as the penetration of electric vehicles
increases, there will have to be thousands of these chargers.
Commissioner Price asked how much a charger costs.
Matthew said the units at the parking deck sell for about $3500- $5000 with installation.
He said the units he sells are between $5,000 and $10,000, and the DC fast charge is a
$50,000 install.
Commissioner Rich referred to page 6, #2 under maintenance regarding maintenance
of the facilities to industry safety standards. She asked if those safety standards are in
existence now.
Matthew Jackson said he would look to the state for those regulatory standards. He
said his company is responsible for making sure the inspectors are happy.
Jeff Thompson said his staff treats these as electric appliance and efforts are being
made to modify the code to understand the future of these things.
Chair Jacobs suggested educating staff and the public about the parking in these
spaces.
A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to:
1) approve a Licensing Agreement and grant the associated Easements to Brightfields
Transportation Services, LLC for electric vehicle "DC Fast Charger" fueling station
construction and operations at The Justice Facility parking lot in Hillsborough, NC and
the Skills Development Center parking lot in Chapel Hill, NC;
2) authorize the Chair to sign all necessary documents upon final review of the County
Attorney.
VOTE: UNANIMOUS
d. Morinaga America Foods Temporary Office Lease — Link Government
Services Center, Lower Level
The Board considered approving a 12 month lease with Morinaga America Foods for
temporary office space in the Link Government Services Center at 200 South Cameron Street,
Hillsborough; authorizing the Chair to sign all necessary documents upon final review of the
County Attorney.
Jeff Thompson said this is a short term lease in under-used space in Link Government
Services Center. He said the Morinaga team will occupy the space for a possible 12 months
as the manufacturing facility is finished out. He said the target date is May 1, but this may be
pushed to June 1. He reviewed slides with images of the facility and he noted that the terms of
the lease are included in the packet. He said the 12 month lease cost is about $8,076, and
this includes utilities and controlled access.
Commissioner Dorosin asked if this will prevent the Board from using this space for
meetings.
Jeff Thompson said no. He said secure space will still be available for meetings.
Commissioner Gordon said it is her understanding that this does not set a precedent for
future uses of the space.
John Roberts said it does not create a precedent. He said economic development is
one area where the County still has broad authority. He said this includes leasing a building
for commercial purposes.
A motion was made by Commissioner Pelissier seconded by Commissioner McKee to:
1) approve a 12 month lease with Morinaga America Foods for temporary office space
in the Link Government Services Center at 200 South Cameron Street, Hillsborough; and
2) authorize the Chair to sign all necessary documents upon final review of the County
Attorney.
VOTE: UNANIMOUS
8. Reports
a. Report on Orange County's "Small Business Loan Program"
The Board received a report on the "Small Business Loan Program", including details
on current balances and activity, and received information on the Economic Development
Office's new marketing efforts to increase awareness and demand for the program by potential
small business borrowers in Orange County.
Steve Brantley said the Small Business Loan Program was created to provide an
alternative funding option to small, local companies that have difficulty obtaining traditional
bank funding, but which meet the requirements of the Program's loan fund. He said the typical
loan ranges from $5,000 up to $50,000 and the rate varies from prime plus 2 percent on the
low end to prime 3 percent on the largest loans. He said the terms range from 5 -7 years and
the origination fee is $100 minimum.
He said the guidelines for making a lending decision include: applicant's credit
worthiness; cash flow coverage; debt to equity ratio; and other collateral. He said there are a
few restrictions, and only for-profit companies are eligible. He said an applicant cannot have
revenues exceeding $3 million, and there cannot be any criminal history.
Steve Brantley said there are challenges to expanding the program, including a general
lack of knowledge about the program. He said staff is working on ad placements and new
documents. He said the improving economy have also presented a challenge, as this program
is competing with other lenders and has a slightly higher cost of borrowing. He said some of
the applicants need external counseling to generate documentation. Steve Brantley said
another challenge has been staff turnover. He said it took several months to hire someone for
the position that handles much of this program.
Steve Brantley said the non-profit was created in 1999, but few loans were actually
issued in the first few years. He said the Orange County Board of County Commissioners
(BOCC) unanimously approved, on March 13, 2007, the transfer of$75,000 to the loan
program, and the first loan was made in March of 2009. He said the Board also approved an
additional $75,000 transfer to the program, though it was not made at the time.
He said the second loan was made in September of 2009, and in mid 2010, $200,000
was transferred by the manager to the loan program from the Chapel Hill Orange County
Visitor's Bureau fund balance. He said this is the seed money that led to many of the new
loans since that time. He said there are currently 7 outstanding loans, to 7 businesses, totaling
$333,000, and none are past due. He said there are also a total of 3 new loan requests in
process.
Steve Brantley reviewed the following information from the abstract:
Current Status:
Balance in SunTrust Checking Account $160,457.69
Article 46 Quarter Cent Sales Tax Allocation $200,000.00
Total Fund Available $ 360,457.69
Companies that have utilized the Loan Program:
Accidental Baker (bakery in Hillsborough)
Orange County Gymnastics (gymnastics gym in Hillsborough)
Isis Information Technology (I.T. service)
Mystery Brewing Company (brewery in Hillsborough)
The Depot (general store and music in Hillsborough)
Phd Productions, LLC (maker of the Pocket Disc toy)
Santosha/ServiceMaster (commercial janitorial service)
Skram Furniture Company(custom furniture; loan was repaid)
New Marketing Ads & Brochures:
New marketing collateral pieces have been developed in-house at Orange County Economic
Development and will soon be placed with local media (WCHL1360, Chapel Hill News, News
of
Orange, etc.) to promote greater awareness and demand for the loan program.
Steve Brantley reviewed attachments 3 and 4 and said these flyers have been
distributed at expos and in the Chamber of Commerce office.
He reviewed the list of board members as follows:
Board of Director& Loan Approvers:
Jim Evans, President Bank Director (Harrington Bank in Chapel Hill)
Brad Curelop, Vice President Bank Director (BB&T Bank in Chapel Hill)
Sherry Gray, Asst. Sec/Treasurer Small Business (Yesterday & Today Frame Shop)
Tom Proctor Small Business (The Vacuum Cleaner Hospital)
Earl McKee BOCC Representative
Clarence Grier Orange County Representative
Steve Brantley Orange County Representative
Tom Underwood Economic Development Advisory Board Rep.
Steve Brantley reviewed the manager's recommendation.
Commissioner Pelissier asked why the interest rate is higher, given that this is for
people that cannot get conventional loans. She asked if this is because the applicants are
higher risk.
Steve Brantley said he believes that when the policies were written, there was a desire
not to compete directly with banks, and this was also riskier credit. He said there are
guidelines that must be adhered to within the by-laws.
Chair Jacobs said the explanation the Board received subsequent to the period of little
loan activity, was that the loan program was too conservative. He said it sounds like this has
now come full circle.
Commissioner Dorosin said he would like to see a spreadsheet of the initial amount of
each loan and how far along the borrower is in paying it.
Steve Brantley said this information is available, but he deferred to John Roberts for
comment on this. He said there was a past public record request for this information and staff
did not reveal the debt for a specific borrower.
John Roberts confirmed that there have been past requests for this. He said he can
review the background for this, and why some of that information was not provided.
Commissioner Dorosin asked if the Commissioners can get this information even if it is
not public record.
John Roberts said yes, but he will look this up to see if it was public record.
Commissioner Dorosin referenced the balance of$360,500 and asked if money is
coming in monthly as people make payments on the loans.
Steve Brantley said yes.
Commissioner Dorosin asked if the $360,500 is just a snapshot that will increase in two
months.
Steve Brantley said yes.
Commissioner Dorosin noted that there were two applicants in process for minority
owned business. He asked for information on whether any of the existing borrowers are
minority owned businesses.
Steve Brantley said none of them are currently minority owned.
Commissioner Dorosin suggested a Durham organization to help with outreach for this.
Commissioner Dorosin said he would urge the board to eliminate the restriction that
prohibits applicants who are on probation or parole. He said this is the kind of program
needed by people who are re-entering society.
Chair Jacobs said Steve Brantley can come back with alternative options.
Steve Brantley said this policy would have dated back to 15 years ago.
Commissioner McKee said he has sat through many of these loan applications, and
there is quite a bit of effort to accommodate businesses to make this process work. He said
this is a good way for the County to support very small businesses.
Commissioner Dorosin said many of the residents re-entering society have difficulty
getting jobs, and so they turn to entrepreneurial opportunities. He said this is a niche where
this type of program can be useful.
Commissioner Dorosin asked if there has been any talk of identifying businesses where
there is a need in the County, such as child care business. He said if sectors of need are
identified, this could then be part of the outreach.
Steve Brantley said a letter was created today that will go out monthly to newly formed
companies in the County
Commissioner Price suggested outreach to Durham Tech, as well as review of past
rejected applications.
Steve Brantley said he had not thought of Durham Tech.
Commissioner Price said she was referring to outreach for business classes or
hairdressing classes, for example, to let students know about potential funds available after
graduation.
Chair Jacobs asked how Steve Brantley is proposing to come back with a response.
Steve Brantley said this will be discussed at their next meeting. He is not sure how to
change the by-laws, but will ask for advice on this issue.
Chair Jacobs said it would be useful to come back through the Board of County
Commissioners at some point. He agreed with the need to reconsider the policy with regard to
pending criminal charges, and he would support re-visiting that.
Chair Jacobs asked what happens when one of these borrowers goes out of business.
Steve Brantley said the borrower is still paying the loan. He said there have been a few
borrowers with payment delays and the loan committee extended the payments or reduced
payments. He said only one loan has been rejected in the past 2 years.
Commissioner McKee noted that the businesses that were pulled were not pulled by
the committee, but by the applicants themselves.
Chair Jacobs said feedback has been given and the Board will expect further
information in the future and perhaps some modifications to the by-laws.
9. County Manager's Report
Michael Talbert complimented Carla Banks and staff on the County Government Expo.
10. County Attorney's Report
NONE
11. Appointments NONE
12. Board Comments (Three Minute Limit Per Commissioner)
Commissioner Price said she attended the Fair Housing Work Shop. She said this
could have been better attended, but the County is doing good things. . She said the Board
needs to help that department with more outreach. She said there are more cases of
discrimination that just don't get the attention.
Commissioner McKee said he attended first meeting of Cardinal Innovations, and it is a
very big organization. He said the projection is that they will continue to consolidate and get
larger, and there may be 3 or 4 organizations. He said the community oversight board is going
to be concerned with what happens in Orange, Person, and Chatham, but this is dealing with a
much larger organization.
Commissioner Gordon —none
Commissioner Pelissier she attended the mental health legislative breakfast last
weekend, and this was the first time that the panel was bi-partisan. She said the issue of
integration of mental and physical health was discussed, as well as the issue of funding.
She said there was a jail alternatives meeting today, and the group looked at a draft
report of the objective summary. She said there is no final report yet, so there will be a request
for an extension. She said this does not impact the actual plans for construction of the jail.
Commissioner Dorosin said ABC Commission had a visit from the Planning Director
from Hillsborough to discuss the possibility of leasing space at the old ABC building on 70 for
the commuter route. He said this bus route planning is moving forward.
Chair Jacobs noted the candidate forum meeting for the sheriff candidates. He said
the jail alternatives work group executive summary does make it increasingly clear that it is not
necessary to build a 250 bed jail right off the bat. He said this is a decade away, and there will
be more flexibility on what will be recommended. He said there is a lot of good discussion
regarding continuum of care for mental health service and drug treatment in the jail, as well as
the provision of housing in the community. He said there is good attendance and community
at these meetings.
13. Information Items
• April 1, 2014 BOCC Meeting Follow-up Actions List
• BOCC Chair Letter Regarding Petitions from April 1, 2014 Regular Board Meeting
14. Closed Session
A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to go
into closed session at 10:35 for the purpose below:
"To consider the qualifications, competence, performance, character, fitness, conditions of
appointment, or conditions of initial employment of an individual public officer or employee or
prospective public officer or employee;" NCGS § 143-318.11(a)(6).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Price, seconded by Commissioner McKee to
reconvene into regular session at 11:35 p.m.
VOTE: UNANIMOUS
15. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Rich to
adjourn the meeting at 11:35p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna Baker
Clerk to the Board