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HomeMy WebLinkAboutMinutes 11-06-2014 APPROVED 1/22/2015 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING November 6, 2014 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, November 6, 2014 at 7:00 p.m. at the Whitted Building, in Hillsborough, 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: County Manager Bonnie Hammersley, 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 7:02 p.m. 1. Additions or Chanqes to the Aqenda Chair Jacobs reviewed the following list of items at the Commissioner's places: - Pink Sheet - Revision for Item 11 a -Advisory Board on Aging Appointments - PowerPoint Slides for Item 5a - 2030 Comprehensive Plan Future Land Use Map Amendment - PowerPoint Slides for Item 5b - Zoning Atlas Amendment— Related to Town of Hillsborough Extraterritorial Jurisdiction (ETJ) Relinquishment - Monthly Report from the Planning Division Chair Jacobs recognized Bonnie Hammersley, who introduced Elections Director Tracy Reams. Tracy Reams gave a brief presentation and update on the 2014 election night. She said everything went well for Orange County, and early voting had a record turnout of 23,195 voters. She said the County offered 303 hours of voting, and there was also record turnout on Election Day with 52,663 ballots cast and a turnout of 48.24 percent. She said results came in quickly on election night, and Orange County was one of the first large counties to report. She said the County was able to recruit and train over 200 volunteers, and she commended her staff inembers. Commissioner Rich asked if there were any specific problems her staff had to address with voters, such as questions about polling sites or identification requirements. Tracy Reams said they had both visual and printed materials available during early and regular voting. Tracy Reams said there were very detailed instructions given to workers, and there were signs made to communicate requirements. She said there were 155 provisional ballots cast. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda NONE b. Matters on the Printed Aqenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Price said her first item is a joint petition with Chair Jacobs regarding the safety and shared use of bicycles and cars on the roads. She said residents have expressed increased frustration with this issue, and there have been several reports in the media regarding incidents of road rage. She said people are increasingly using a variety of modes of transportation, and in many areas of the County there are minimal to no road shoulders. She requested that staff consult with Chapel Hill and Carrboro regarding polices related to pedestrian and bicycle access, and engage bicycle advocates, community representatives, law enforcement and DOT staff to work toward developing a culture and approach to sharing the roads throughout Orange County. Chair Jacobs expressed his support for this petition. Commissioner Price petitioned the Board regarding the policy on naming of buildings. She petitioned that the interior of buildings be permitted to be named after living persons. Commissioner Gordon asked for an update on her previous petition to have the agendas posted on the County website with links for viewing individual items. Bonnie Hammersley said she directed that petition to Jim Northup, and she will follow up with him. Commissioner Pelissier said once a year the Board recognizes individual staff members for longevity. She petitioned the Board to develop a system of recognizing staff for superior accomplishments. She suggested that a committee might be formed to look at individuals and determines candidates for this. Commissioner porosin arrived at 7:13 p.m. 4. Proclamations/ Resolutions/ Special Presentations NONE 5. Public Hearinqs a. 2030 Comprehensive Plan Future Land Use Map Amendment— Related to Town of Hillsborouqh Extraterritorial Jurisdiction (ETJ) Relinquishment (No Additional Comment Accepted) The Board received the Planning Board's recommendation, closed the public hearing, and made a decision on a County initiated amendment to the 2030 Comprehensive Plan Future Land Use Map (FLUM) affecting approximately 500-acres located generally near the Eno River between US 70 W and I-85/I-40 in Cheeks and Hillsborough Townships. This amendment assigns County future land use classifications to properties that are to be removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), which is to become effective October 1, 2014. Tom Altieri reviewed a map of the area, as well as the following PowerPoint slides: 2030 Comprehensive Plan Future Land Use Map Amendment— Related to Town of Hillsborough Extraterritorial Jurisdiction (ETJ) Relinquishment Purpose • To receive the Planning Board's recommendation, close the public hearing, and make a decision on a County initiated amendment to the 2030 Comprehensive Plan Future Land Use Map • Amendment assigns County land use classifications to properties that were removed (Oct. 1) from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ). • Affects approximately 500-acres (22-parcels) located generally near the Eno River between US 70 W and I-85/I-40 in Cheeks and Hillsborough Townships • This item is companion to Action Agenda Item No. 5b, "Zoning Atlas Amendment." September 8th Public Hearing • No members of the public spoke. • The BOCC had primarily one question -- "Why is staff recommending Agricultural Residential versus Rural Residential?" ■ For consistency with the FLUM classifications applied in general area (Attachment 2, FLUM Hillsborough surrounds). ■ Minor variation in Population Density Locational Criteria (Attachment 3, Table) ■ For consistency with existing land uses (Attachment 4, Aerial Photos and Table). In response to BOCC, the noted attachments were provided to the Planning Board and are included in tonight's agenda packet. Planning Board Recommendation • Considered at is October 8, 2014 meeting. • Reviewed the differences between Rural Residential and Agricultural Residential, as well as existing land uses and character of the amendment area. • Recommended unanimously that the BOCC approve the amendment as presented at public hearing (Attachment 5, Draft PB Minutes). Manager's Recommendation • Receive the Planning Board's recommendation of approval. • Close the public hearing. • Adopt the Resolution (Attachment 6, pp. 19-20), which approves the amendment. Commissioner porosin asked if there is a reason all of these areas are recommended to be zoned exactly the same way. He said some of the areas appear to have different uses on one side versus the other. Tom Altieri said these will be future land use map classifications, and there are primarily two land use classifications that apply to rural areas without public water and sewer. He said the choice is limited to agricultural residential or rural residential, and the reasons for recommending agricultural residential have been provided. Commissioner porosin questioned whether the entire northern piece or the entire southern piece has to be the same classification. Tom Altieri said it does not all have to be classified the same, but this is what the team has recommended. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to close the public hearing; and adopt the Resolution contained in Attachment 6, which approves the amendment. Commissioner porosin said he will vote against this amendment. He said, in looking at the maps, it is clear that there are areas immediate adjacent to these parcels that are residential neighborhoods that could not be described as agricultural residential. He said it seems to him that there is an opportunity to be more precise and adopt a more gradual approach that encourages more residential use in some of those areas, while encouraging agricultural use in others. VOTE: 6-1(Commissioner porosin) b. Zoninq Atlas Amendment— Related to Town of Hillsborouqh Extraterritorial Jurisdiction (ETJ) Relinquishment (No Additional Comment Accepted) The Board considered a decision on a County initiated amendment to the Zoning Atlas affecting approximately 500-acres located generally near the Eno River between US 70 W and I-85/I-40 in Cheeks and Hillsborough Townships. This amendment assigns County zoning to properties that are to be removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), which is to become effective October 1, 2014. Tom Altieri presented a map of the area, as well as the following PowerPoint slides: Purpose • To make a recommendation on a County initiated amendment to the Zoning Atlas. • This item is companion to the previous Action Agenda Item, "2030 Comprehensive Plan Future Land Use Map Amendment." • This amendment assigns County zoning districts to properties that have been removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ). • Affects approximately 500-acres (22-parcels) located generally near the Eno River between US 70 W and I-85/I-40 in Cheeks and Hillsborough Townships. September 8th Public Hearing • No members of the public spoke. • The BOCC had primarily two questions: 1) Why is staff recommending Agricultural Residential (AR) versus Rural Residential (R- 1)? ■ For consistency with the zoning districts applied in general area (Attachment 2, Zoning Map Hillsborough surrounds). ■ The permitted Agricultural Uses and minimum lot width standard (150-ft) associated with AR are more compatible with existing land uses and character of the area (Attachment 3, Tables). 2) What would happen if a development application was submitted between effective date of ETJ relinquishment (Oct. 1) and application of County zoning/future land use (Nov. 6)? ■ Per State law, the Town's regulations remain in effect for 60-days (Dec. 1) or until County action. Planning Board Recommendation • Considered at is October 8, 2014 meeting. • Reviewed the differences between Rural Residential (R-1) and Agricultural Residential (AR) and consistency with County plans. • Recommended unanimously that the BOCC approve the amendment as presented at public hearing (Attachment 4, Draft PB Minutes). Consistency Statement In response to a new opinion issued by the N.C. Court of Appeals in July 2014, the ■ Planning Board has provided a written recommendation to the BOCC addressing plan consistency (Attachment 5, pp. 24-25); and ■ The BOCC must also approve a consistency statement (Attachment 6, pp. 26-27). . Manager's Recommendation • Receive the Planning Board Statement of Consistency and recommendation of approval. • Close the public hearing. • Adopt the BOCC Statement of Consistency (Attachment 6, pp. 26-27). • Adopt the ordinance (Attachment 7, pp. 28-29) approving the zoning atlas amendment. A motion was made by Commissioner Gordon, seconded by Commissioner Price to: 1. Receive the Planning Board Statement of Consistency and recommendation of approval; 2. Close the public hearing; 3. Adopt the BOCC Statement of Consistency (Attachment 6); and 4. Adopt the ordinance (Attachment 7) approving the zoning atlas amendment. Commissioner porosin said he will vote against this for same reasons stated in the previous motion. VOTE: 6-1 (Commissioner porosin) c. Unified Development Ordinance Text Amendment— Public Hearinq Process Chanqes — Interim Report and Closure of Hearinq The Board opened the public hearing, received the information contained in this abstract and attachments, and closed the public hearing on a Unified Development Ordinance (UDO) text amendment that proposed changes to the public hearing process (presented at the September 8, 2014 Quarterly Public Hearing). Perdita Holtz said this item was heard at the September 8th quarterly public hearing and was referred to the Planning Board. She said this has been discussed extensively, and the flowchart in attachment 2 outlines a new process for legislative items. She said this process captures what the Planning Board discussed in October. Perdita Holtz said last night the Planning Board discussed a potential new process for quasi-judicial items, and although there is no flowchart, this would generally follow the cadence of the attachment 2 flowchart. She said the reason for the recommended closure of the public hearing is because the proposed public hearing is likely to change enough to necessitate re-advertising it for a new presentation at a future public hearing date. Commissioner Rich asked if any members of the public were in attendance while the Planning Board discussed this. Perdita Holtz said no. Commissioner Rich said she does not feel that there has been enough outreach to the public regarding this process. Chair Jacobs noted that the discussion is not ending, just being deferred to another date. Commissioner Rich asked for an explanation on the reason for deferring it. Chair Jacobs said the Board would advertise the public hearing, and if significant changes are being made, there would be extraordinary efforts to make sure the public is aware of what is being proposed. Commissioner Rich said that is her point - that there may need to be more effort made to put the information out there about these changes. Commissioner Gordon said if this is changed, it is important to make sure the public has as much opportunity to comment as possible. She recommends that no conclusion should be made at the end of a regular public hearing, because this was often the first time that issues are articulated. She said that to her it does not seem helpful to distinguish between quasi-judicial special use permit hearings and the legislative hearings if that means re-zonings do not have enough time. She agrees that it takes longer for a special use permit if you are going to try to get expert testimony. She would like to make sure that there will be plenty of time for re- zonings, especially for hearings involving conditional zoning districts since they involve a relatively new process. Commissioner Gordon said she was interested to see that there was no recommendation to increase the number of hearings, and if there were to be an increase, she thinks seven meetings would work. Commissioner Gordon said the main point is that the public needs more time to comment than just a few days. She likes the idea of posting information when an application comes in that meets the ordinance requirements. She said she wonders about the issue of not requiring the Planning Board to attend the public hearings. She values the input of the Planning Board, and they offer public perspective as well as expertise. Commissioner Gordon said this is a process that can be tweaked, as long as the basics, such as making sure the public has sufficient time for providing input, are in place. She said the public hearing is when the information needs to come out, and this needs to be followed by some time to think about the issues before voting. Commissioner Price said she is a little confused on this process. She said this will not be resolved until sometime in 2015, and there is no mechanism right now to assure when and how the public will be involved. Bonnie Hammersley said she has attended the last two Planning Board meetings, and she intends to be involved in this process. She said when this comes forward she will make sure everyone is informed about this process. She said if it is the will of the Board, this will be well advertised if it goes forward. She said this hearing is being closed because of the anticipation of significant changes that will require future public input. Commissioner Price echoed what Commissioner Gordon said. She feels the Planning Board should be a part of the public hearings. Commissioner porosin said he had some questions about the flow chart. He said the current process is that a public hearing is held, and the public speaks; then the Planning Board is sent away and instructed to come back with a recommendation; then the public does not have an opportunity to comment on the Planning Board's comments; then there is possibly another meeting for this to come back to the Board of County Commissioners. He said this seems problematic, and this was the concern he originally expressed. Commissioner porosin said it appears that the flow chart has addressed his concerns about this structure for legislative items. He read through the flow chart as shown on page 18 of the abstract. He said the idea of this is not to eliminate the public input at all, but it is to make the process more equitable and streamlined. He said one of the changes is that as soon as an application comes in, there will be some sort of public notification or report. Perdita Holtz said that is correct. Commissioner porosin said the next substantive change he sees is that there will be a round of mail notifications to direct neighbors about Planning Board meetings for map amendments. He said the people attending will have opportunity to make comments and suggestions, and it is almost like a mini public hearing at the Planning Board. Perdita Holtz said that is correct. Commissioner porosin said someone could come to the Planning Board meetings now, but what is different is the provision of first class mail notification to nearby property owners. Perdita Holtz said currently the Planning Board does not discuss applications before the public hearing, and this would be a new change to increase public participation at this level. She said this moves the discussion up in the process, so that the Planning Board discussion occurs before the public hearing. Commissioner porosin asked if the notification was previously an agenda item voted on by the Board. Perdita Holtz said the legal ad was an agenda item. Commissioner porosin said the notification will not be on the agenda, assuming this is acceptable to the Board. Commissioner porosin asked if there is any legal requirement that the Board has to vote on this. John Roberts said no. Commissioner porosin said the proposal does not say that the Planning Board cannot participate in the public hearing; it just states that a quorum will not be required. Perdita Holtz said this is correct. Commissioner porosin said the public hearing, as laid out it in the proposal, would be the last step before a decision is made, whenever that may occur. He asked if there will be any reference back to the Planning Board. Perdita Holtz said it could be the Board of County Commissioners' purview to send something back to Planning Board if something new comes forward at the public hearing. She said the public hearing would be closed, and then the item sent back to the Planning Board. Commissioner porosin asked if the Board could also have the option to send something back to the Planning Board while still keeping the public hearing open. He does not want to have public hearings where the public cannot speak. Perdita Holtz said for legislative items, it is required that a public hearing is held, and it is not precluded that that the public cannot comment before or after the public hearing. She said it is the County's Unified Development Ordinance (UDO) that specifies written comments only being allowed after a public hearing. Commissioner porosin said it seems like this is getting close to a resolution. He agrees that the critical aspect is public participation, and he is in favor of the streamlining with targeted outreach early in the process. He said he not as wedded to the suggestion of not making a decision on the same night that it is presented at the public hearing. He can see both sides of this issue, and he is not sure it needs to be a matter of policy. He said there will be times when an issue is fully vetted by the time of the public hearing. Perdita Holtz said if the concern is to get rid of the non-speaking public hearing, then the way to do this is to remove the requirement for only having written comments after a public hearing. Commissioner porosin asked what the basis was for this rule. Perdita Holtz said she believed that this was set up in the 1980's so that the Board of County Commissioners would be informed about anything that went on after the public hearing. Craig Benedict said the reason for this rule was to insure that their legislative and quasi-judicial procedures were the same. He said the goal was to have some point in time where the testimony coming in could be stopped to allow for a decision based on a finite amount of information. He said the new suggestion is to have a legislative procedure that can be wide open the whole time. He said for the quasi-judicial items, there will probably be some point in time where that testimony has to stop. Commissioner Pelissier said overall there are a lot of good things in the proposed new process, but she is confused about the lack of increase in the frequency of the quarterly public hearings. She said this would not accomplish the goal of speeding the process for applications that are "no brainers." Perdita Holtz said there were concerns expressed by the Board of County Commissioners about the possibility of putting quarterly public hearings on regular agendas. She said the current suggestion is to try this new process prior to taking that next step. Commissioner Pelissier asked if the UDO would have to be changed in order to change the process. Perdita Holtz said yes. Commissioner Pelissier said the recommendation to close the public hearing tonight does not preclude the Board from taking some action based on what has already been heard and discussed; but it is an iterative process, and there would need to be another public hearing in order to make changes other than what has been discussed. Perdita Holtz said one of the more substantive changes that would require a second public hearing was removing the proposed language about having up to 8 public hearings per year. She said if the Commissioners still want to pursue this, then perhaps there would not be a need for a second public hearing. Commissioner Rich asked if an additional meeting is being added after the notifications go out and the Planning Board meeting is held. Perdita Holtz said it is just another opportunity for the public to comment to the Planning Board. Perdita Holtz said one of the items in the 5th box on the flowchart talks about the fact that the Planning Board action could be to make a recommendation or to make a preliminary recommendation and ask the Board of Commissioners to send it back to the Planning Board if anything significant happens. Commissioner Rich said she wonders if that is actually speeding things up, or if it is just adding another repetitive step. Perdita Holtz said it could add a step to more controversial items where it may be sent back to the Planning Board. She said it is really just flipping when the Planning Board meeting occurs. She said, with this proposal there would be no Planning Board meeting after the public hearing for many legislative items. She said for more complicated issues, this would add another opportunity for the public to comment. Commissioner Rich said if this process is adopted, it is important to make these changes clear to the public in order to have as much involvement as possible. Commissioner Gordon said she wanted to add a historical note about the legal advertisement. She there was a case where the Board was sued over a deficient legal advertisement. She said this may be why the Board of County Commissioners reviews the ad, and she likes the way this process is done now. Commissioner Gordon said she wanted to make sure that all property is being posted, and people are being notified by certified mail. Perdita Holtz said this is not going away. She said the requirement for certified mail is only for developer initiated applications. Commissioner Gordon said there used to be more development applications. The economy may be the reason there are currently not as many development applications and therefore relatively fewer quasi-judicial public hearings. Commissioner Gordon said her suggestion about waiting to vote is in reference to the first time a major public hearing is held. She said it is okay to decide something tonight for this item. She said the Board needs to be careful about having too many categories of hearings, each with a different process, because it might be confusing to the public. Commissioner Price said the flow chart states that the public can come to the Planning Board prior to the public hearing. She asked if these comments will then be entered into the record of the public hearing. Perdita Holtz said the record only relates to the quasi-judicial process, but not the legislative process. She said the flow chart in the packet is related to the legislative process. Commissioner Price asked if this flow chart would be the same for both. Perdita Holtz said there would be a slightly different flowchart for quasi-judicial, but it would follow the same general cadence. Commissioner Price asked if the public would be invited to speak at the Planning Board meeting. Perdita Holtz said the public would not be invited to speak, but there would possibly be an opportunity for comment. She said all of this has not been worked out. Commissioner Price said she is just concerned with the Board having an opportunity to see these comments. Perdita Holtz said there is not really a record of comments at public hearings for legislative items. She said the comments show up in the minutes, just as comments show up in the Planning Board minutes. Commissioner Price referred to item 1 in the bottom blue section of the flowchart on page 18. She asked when the public would be making comments if the item is not to be listed in the meeting agenda. Perdita Holtz said it would be listed as a regular item or a consent agenda item, but it would not be listed under the public hearing section. Commissioner Price said if it is on the consent agenda, the Commissioners may not know that there is someone in the audience who wants to speak. Perdita Holtz said the public can sign up, or the Chair can ask if anyone wishes to speak before the consent agenda. Chair Jacobs said he has never seen a planning item on the consent agenda. Commissioner Pelissier said the recommendation is to stick with the quarterly public hearings. She said this proposal solves the public input issue but not the timing issue. She sees that the roadblock is that you have to provide information 10 days before a quarterly public hearing, whereas you only have 4 days if a public hearing is added to a regular meeting. She questioned whether it might be possible, for legislative public hearings, to provide information on the website 10 days before, and then incorporate it in the agenda 4 days before. Perdita Holtz said there is no actual requirement to have it available 10 days in advance, but that is the practice that Orange County has had for 20 years. Commissioner Pelissier said she would like to find a way to do this. She would like to find a way to have the legislative public hearing items be more frequent than just quarterly. Perdita Holtz said it would be possible to have a section of the website that would allow for complete items to be listed ahead of the agenda. Commissioner Pelissier said she would like to try the new process with the 8 public hearings and see how it goes. Commissioner Gordon said it seems to her that Commissioner Pelissier's comments about the notices for public hearings are well taken. She said it is important with legislative items, like re-zonings, to give 10 days of notice for the public hearings. Commissioner Rich agreed with Commissioner Pelissier. She said there are some public hearings that can be added to agenda items. She would like to leave this option open. Chair Jacobs summarized that there had been comments and concerns regarding the following items: - Timing of public hearings - Provision of advanced notice of public hearings - Capturing public comments - Number of public hearings - Rendering of decisions subsequent to public hearings -Advertisement comments from Board of County Commissioners Chair Jacobs said Commissioner Gordon made good points about giving notice and having a deliberate process. He said there needs to be more discussion about time between public hearings and rendering a decision. Chair Jacobs said Commissioner porosin made some good points about the public engagement and the improvement in this. He referred to the final blue box in the flow chart and said this reminds him of the concept plans that are sent to the Planning Board for preliminary analysis and report. He said the Planning Board sends this report back to the Commissioners, and then if it is straightforward there is no need to send it back to the Planning Board. He said there are some items that are just very clear, and those could be on the regular Commissioner agenda. Chair Jacobs said Commissioner Rich and Commissioner Price were both talking about thinking through what we hear as part of the public hearing process, and whether people have had an adequate opportunity to address the Board. He said the flip side is that we don't want to ask people to come more times than necessary. He said this needs to be combed out a little more. He said his recollection is that staff reported that Orange County's review process is not any slower than neighboring jurisdictions. He said this process would potentially allow the Planning Board to take itself out of this process, but there is nothing that precludes that. Chair Jacobs said this proposal is generally an improvement but there have been some points raised that the Board may want to isolate more. Chair Jacobs said he is most concerned about there being more public access to the decision making process as well as the Board receiving that information in order to know what people are thinking. Commissioner Rich referred to Chair Jacobs comment about the option for putting a public hearing on the agenda. She asked if this has ever happened, where it has come from the Planning Board. Chair Jacobs said none have come from the Planning Board. He said he is saying that box 5 on the flowchart would accommodate a way to do this. Commissioner Gordon said she is not sure Chair Jacobs got all of the major points. She said she wants to make sure to look through the minutes to capture all of these. Chair Jacobs asked if there were any members of the public who would like to speak. PUBLIC COMMENT: NONE A motion was made by Commissioner McKee, seconded by Commissioner Rich to: Receive the information contained in this abstract and attachments; and Close the public hearing. (This is being recommended because the proposed text amendments are expected to be heard again at a future Quarterly Public Hearing, so there is no need to adjourn the public hearing to a date/time certain. Closure of the hearing is necessary to ensure the text amendment is not considered a withdrawal, which requires a yearlong waiting period before amendments on the same topic can be considered again.) VOTE: UNANIMOUS d. North Carolina Community Transportation Proqram Administrative and Capital Grant Applications for FY 2016 The Board conducted an annual public hearing on the North Carolina Community Transportation Program (CTP) grant application by Orange Public Transportation (OPT) for FY 2016 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), authorized the County Attorney to review and complete the necessary certifications and assurances, and authorized the Chair to sign. Peter Murphy reviewed the following background information from the abstract: BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests for administrative and capital needs for county-operated community transportation programs. OPT is eligible to make application for both administrative and capital funding. The current year FY 2015-approved application includes $185,604 in administrative funding and $482,489 in capital funding for replacement vehicles with total expenses equaling $668,093. The total CTP funding request for FY 2016 is $166,765 for community transportation administrative expenses and an additional $232,286 for capital expenses. This draft grant application is made for expenses totaling $399,051. Grant funds for administrative purposes will continue to be used to support overall transit systems management and operations and will continue to promote general ridership. Grant funds for capital items include the replacement of three (3) buses exceeding their useful life mileage thresholds in OPT's fleet. A public hearing (Attachment 3) is requested with the opportunity for public discussion and comment before the Board takes action on the resolution (Attachment 1). The acceptance of these grant funds requires compliance with the annual certifications and assurances, for which the signature pages are attached (Attachment 2). The attached signature pages are for the certifications and assurances for FY 2014. The FY 2016 certifications and assurances signature pages are very similar to those for FY 2014; however, the County has not yet received them from NCDOT. When received, they will be forwarded to the County Attorney and Chair for review and signatures. FINANCIAL IMPACT: The NCDOT CTP grant requires a 15% local match ($25,015) for administrative expenses and a 10% local match ($23,229) for capital expenses for a total of $48,244. As a comparison, the total CTP grant amount requested for FY 2015 was $185,604 for administrative expenses ($27,841 local match) and $482,489 for capital expenses ($48,250 local match), a reduction of$269,042 in total expenses ($27,847 local match) from FY 2015 to FY 2016. The indicated local match amounts will be requested in the upcoming FY 2016 budget cycle and must be committed from Orange County's budget for the performance period of July 1, 2015, through June 30, 2016 (FY 2016), as indicated in the attached Local Share Certification for Funding form (Attachment 4). This will require Orange County to obligate funding in its next budget cycle for these expenses. A total of$48,244 would come from the County's general operating budget. This has been published for public comment. Peter Murphy said the capital costs are primarily to replace older vehicles or vehicles with well over 200,000 miles. Commissioner Pelissier asked for an explanation of why the capital request is lower than it has been in the past. Peter Murphy said this is because the County is getting 5 new vehicles and 2 expansion vehicles. He said, based on the rules, at least 3 vehicles need to be replaced for year. He said the recommended vehicles meet the criteria. He said there are others that could also be replaced, but if that were to be done now, it would create a predicament with vehicles used in both the urban and the rural setting. He said these vehicles can only be purchased for the rural setting. He said there will be another source at a different time for the urban setting. PUBLIC COMMENT - NONE A motion was made by Commissioner Gordon, seconded by Commissioner Price to: 1. Close the public hearing; 2. Approve the Community Transportation Program Grant application for FY 2016 in the total amount of$399,051 with a local match total of$48,244 to be provided when necessary; 3. Approve and authorize the Chair to sign the Community Transportation Program Resolution and the Local Share Certification for Funding form; and 4. Authorize the Chair and the County Attorney to review and sign the annual certified statements of participation. VOTE: UNANIMOUS 6. Consent Aqenda • Removal of Any Items from Consent Agenda Commissioner Rich removed item 6e for discussion. • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from September 30 and October 2, 2014 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 fifteen (15) taxpayers with a total of fifteen (15) bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for six (6) taxpayers with a total of (8) eight 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 five (5) bills for the 2014 tax year. f. Chanqe in BOCC Reqular Meetinq Schedule for 2014 The Board approved one change to the County Commissioners' regular meeting calendar for 2014, to add a closed session meeting for Thursday, December 11, 2014 at 6:00 pm at the Link Government Services Center, 200 South Cameron Street in Hillsborough for the purpose : "To consider the qualifications, competence, performance, character, fitness, condition of appointment, or condition of initial employment of an individual public officer or employee; or to hear or investigate a complaint, charge or grievance by or against an individual public officer or employee." NCGS 143-318.11(a) (6) • Discussion and Approval of the Items Removed from the Consent Agenda • e. Resolution for the Naminq of the Roqers Road Community Center The Board considered approving and authorizing the Chair to sign a resolution on behalf of the Board for the official name of the facility to be the "Rogers Road Community Center" consistent with the County Property Naming Policy. Commissioner Rich said the Board has discussed the plaques placed on new buildings, and she would like to make sure the architect of this building is recognized on the plaque. Commissioner Rich said it came out at one of the original Rogers Road meetings that the towns were interested in supporting the community center by paying a portion of the final cost. She asked what the process would be to get the funding, since the towns wanted to be a part of this. She said if this funding is provided, she would also like to know if the towns will be named on the plaque. Jeff Thompson said the Board adopted a policy that states that the architect will be named on the plaque, and that the plaque would come back to the Commissioners for approval of design and layout. He said this will be brought forward in the coming weeks. Bonnie Hammersley said she did have a conversation with the Chapel Hill manager, who said that since the town could not contribute to the provision of sewer, they would be willing to put some money toward the community center. She said that is the only context in which she heard about this. She has not heard anything from Carrboro. John Roberts said Chapel Hill had indicated, since at that time it could not contribute to the sewer, it would increase the amount of contribution to the community center. He said the town has now extended their extraterritorial jurisdiction (ETJ), and indicated that if this happened they would also contribute to the sewer. He said, at the manager's recommendation, he was holding up the inter-local agreement until after the ETJ vote. Bonnie Hammersley said she would contact the town managers about this. . Commissioner Rich said she feels there are two separate issues. She said the sewer may take more time, and she does not want to wait on getting the funding for the community center from the towns. She recommended that these two issues be separate. She said these are not a combined project. Commissioner McKee said if Chapel Hill and Carrboro would like to participate in the funding then he feels the County should invite their participation. He said he agrees with the idea of making sure the architect is on the plaque, and a second plaque could be added later for the town. Commissioner Gordon said she could find no plaque at the Aquatics Center, and that was a partnership between Chapel Hill and Orange County. She suggested looking into this. Chair Jacobs said it would be nice if the towns want to participate, but Orange County decided to move forward with this project no matter what. He noted that Chapel Hill had waived some fees and made some adjustments in its development process to accommodate expediting the construction of the community center. He said it would be good to have a conversation about this with the town managers and mayors. A motion was made by Commissioner Rich, seconded by Commissioner Gordon to approve and authorize the Chair to sign a resolution on behalf of the Board for the official name of the facility to be the "Rogers Road Community Center" consistent with the County Property Naming Policy. VOTE: UNANIMOUS 7. Reqular Aqenda a. Preliminary Information and Approval to Finance Various Capital Investment Plan Proiects and County Equipment The Board received a preliminary finding and considered approving financing for capital investment projects and equipment for the year. Clarence Grier reviewed the following information, as outlined in the abstract: BACKGROUND: As part of the FY2014-19 Capital Investment Plan, several projects were approved for equipment financing. Those projects included the following (see Attachment 1 for additional information): Projects Requiring Financing Needed in FY 2014-15 Project Amount County Projects: Cedar Grove Community Center $ 2,822,226 Southern Orange Campus 400,000 HVAC 150,000 HVAC Projects (FY2012-13) 205,999 Roofing 179,010 Information Technologies 450,000 Emergency Services Radio Systems 500,000 Communication Systems Improvements 122,000 Soccer.com Soccer Center 125,000 Lands Legacy 2,400,000 Total County Projects 7,354,235 Water& Sewer Projects: (Paid w/Article 46 Sales Tax Proceeds) Efland Sewer to Mebane 4,581,400 Total Water& Sewer Projects 4,581,400 Sportsplex Projects: Phase II - Pool Mezzanine 950,000 Total Sportsplex Projects 950,000 Solid Waste Projects: Eubanks Road Solid Waste Convenience Center 640,483 Total Solid Waste Projects 640,483 Equipment/Vehicle Purchases: Vehicle Replacement Fund 775,119 In-Car Cameras Replacements - Sheriff 517,798 Board of Elections -Voting Equipment 437,385 Board of Elections - Electronic Poll Books 242,485 Total Equipment/Vehicle Purchases 1,972,787 Grand Total FY 2014-15 Financing $ 15,498,905 Additionally, there are some previous year capital projects, although approved in the budget, for which the financing was not issued due to the project schedule and decisions. The preliminary schedule for the financing is attached to the abstract. County staff will be receiving bids from financial institutions to secure the financing. Staff anticipates receiving $15.5 million in financing for an average of 10 years at an interest rate of 2.30 percent, which will result in an average annual debt service cost of$1,752,650. FINANCIAL IMPACT: 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 debt service applicable to the financing would be $1,752,650. The tax rate equivalent for the annual debt service payment is approximately 1.07 cents of the current property tax rate. Clarence Grier said there was one additional project that may need to be added to the list. He said staff is looking at a central permitting function solution, and preliminary estimates were higher than expected. He said this would cost an additional $750,000, and more information will be provided for this. He said this would not increase the debt service more than $100,000 and there are more than enough savings to accommodate this. Clarence Grier reviewed the calendar on the last page of the abstract. He said this would potentially be brought back for a public hearing on December the 9th. He noted that a letter must be sent to the joint legislative committee for review. Commissioner McKee asked about the in-car camera replacements. Clarence Grier said the warranty for these goes out of service in December, and they need to be replaced. Commissioner McKee asked for clarification on the amount for Information Technology. Clarence Grier said this may go up by as much as $750,000. He said some of the bids for the central permitting solution are a bit higher than anticipated. Commissioner Gordon said the motion should move forward as written, with the exception of the Information Technologies item, which could increase up to $750,000. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to approve moving forward with the financing of the stated capital project and equipment financing, as outlined in the agenda materials, except that the Information Technologies item MAY increase by as much as $750,000. VOTE: UNANIMOUS 8. Reports -NONE 9. County Manaqer's Report Bonnie Hammersley reviewed the following list: Proiected November 11, 2014 Reqular Work Session Items Status of Urban Roll Cart Implementation Ephesus Fordham Child Care Update Proposed ETJ Approval Process Bonnie Hammersley said there will also be a closed session on the November 11 tn agenda for an economic development item. 10. County Attorney's Report - NONE 11. Appointments a. Advisory Board on Aqinq —Appointments The Board considered making appointments to the Advisory Board on Aging. A motion was made by Commissioner Gordon, seconded by Commissioner Rich to appoint the following to the Advisory Board on Aging: • Appointment of Ms. Mary Altpeter to a first full term (Position #7) At-Large with a term ending 06/30/2017. • Appointment of Mr. Winston Liao to a partial term (Position #8) At-Large with a term ending 06/30/2015. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 7 Ms. Mary Altpeter At-Large 06/30/2017 8 Mr. Winston Liao At-Large 06/30/2015 VOTE: UNANIMOUS b. Aqricultural Preservation Board —Appointment The Board considered making an appointment to the Agricultural Preservation Board. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to appoint: • Mr. Gordon Neville to a first full term (Position #7) White Cross Volunteer Ag. District with a term ending 09/30/2017. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 7 Mr. Gordon Neville White Cross Volunteer Ag. 09/30/2017 District VOTE: UNANIMOUS • c. Animal Services Advisory Board —Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to appoint to the Animal Services Advisory Board: • Ms. Nicole Roth to a second full term (Position #1) Animal Welfare/Animal Advocacy with a term ending 06/30/2017. (ACCORDING TO POLICIES AND PROCEDURES THREE OF THE POSITIONS WILL CONSIST OF COUNTY RESIDENTS WHOSE EXPERIENCE DEMONSTRATES A COMMITMENT TO ANIMAL WELFARE AND/OR ADVOCACY) • Dr. Susan Elmore to a first full term (Position #11) Veterinarian from Health Board with a term ending 06/30/2017. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 1 Dr. Susan Elmore Veterinarian from Health 06/30/2017 Board 11 Ms. Nicole Roth Animal Welfare/Animal 06/30/2017 Advocacy VOTE: UNANIMOUS d. Chapel Hill Oranqe County Visitors Bureau —Appointments The Board considered making appointments to the Chapel Hill Orange County Visitors Bureau. A motion was made by Commissioner Rich, seconded by Commissioner Gordon to appoint the following to the Chapel Hill Orange County Visitor's Bureau: • Ms. Libbie Hough to a first full term (Position #10) Alliance/Historic Hillsborough with a term ending 12/31/2017. • Mr. Nitin Khanna to a partial term (Position #11) At-Large O/C Lodging Association with a term ending 12/31/2015. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 10 Ms. Libbie Hough Alliance/Historic 12/31/2017 Hillsborough 11 Nitin Khanna At-Large O/C Lodging 12/31/2015 Association VOTE: UNANIMOUS e. Commission for the Environment—Appointments The Board considered making appointments to the Commission for the Environment. A motion was made by Commissioner Gordon, seconded by Commissioner Price to appoint the following to the Commission for the Environment: Dr. May Becker to a second full term (Position #1) At-Large Chapel Hill Township representative with a term ending 12/31/2017. • Ms. Lydia Wegman to a first full term (Position #3) At-Large Land Resources representative for with a term ending 12/31/2017. • Ms. Sheila Thomas-Ambat ending a first full term (Position #8) At-Large representative with a term ending 12/31/2016. • Ms. Jeanette O'Connor ending to a first full term (Position #9 At-Large Chapel Hill Township representative with a term ending 12/31/2017. • Mr. Peter Cada to a second full term (Position #10) At-Large Eno Township representative with a term ending 12/31/2017. • Mr. David Welch to a second full term (Position #11) At-Large Chapel Hill Township representative with a term ending 12/31/2017. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 1 Dr. May Becker At-Large Chapel Hill 12/31/2017 Township 3 Ms. Lydia Wegman At-Large Land Resources 12/31/2017 8 Ms. Sheila Thomas- At-Large 12/31/2016 Ambat 9 Ms. Jeanette O'Connor At-Large Chapel Hill 12/31/2017 Township 10 Mr. Peter Cada At-Large Eno Township 12/31/2017 11 Mr. David Welch At-Large Chapel Hill 12/31/2017 Township VOTE: UNANIMOUS f. Human Relations Commission —Appointments The Board considered making appointments to the Human Relations Commission. A motion was made by Commissioner McKee, seconded by Commissioner Gordon to appoint the following to the Human Relations Commission: • Mr. Alan Jefferies a first full term (Position #4) Town of Chapel Hill representative with a term ending 06/30/2017. • Ms. Jilan Li a partial term (Position #9) Town of Chapel Hill representative with a term ending 09/30/2016. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 4 Mr. Alan Jefferies Town of Chapel Hill 06/30/2017 9 Ms. Jilan Li Town of Chapel Hill 09/30/2016 VOTE: UNANIMOUS 12. Board Comments Commissioner Pelissier noted that the Family Success Alliance had its first two forums this week. Commissioner Gordon congratulated the people who were elected to the Board of County Commissioners in the recent election. Commissioner McKee said at the meeting of the Fire Chiefs Council, Durham Technical Community College made the offer to increase fire training classes. He said there was some discussion of getting better minute notes for these meetings. He said he will forward the minutes to the Board of County Commissioners as soon as he receives them. Commissioner Rich said at the Triangle JCOG meeting last week, Orange County was awarded the 2014 Marvin Collins award for joint planning related to the Jordan Lake partnership. Commissioner Rich said the solar panels have been installed at McDougle School, and these will be used as an educational tool. She said she has contacted Chair Halkiotis about starting the discussion of getting solar panels in one of the Orange County Schools. Commissioner Rich said she attended a Carrboro Elementary 3�d grade class during their unit on government, and they asked some intuitive questions. Commissioner Rich said the numbers being discussed at the Solid Waste Advisory Group meetings show that roll carts are clearly working. She said these numbers will be discussed at the Assembly of Governments (AOG) meeting. Commissioner Price said she was invited to Glenwood Elementary, and she was very impressed. She said the principal at that school had just been named principal of the year for the district. Chair Jacobs said the award the County just won was named after Marvin Collins, a Mebane native and former Orange County planning director. Chair Jacobs said the ribbon cutting for the Rogers Road Community Center will be held on November 15th at 9 a.m. Chair Jacobs said he wanted to congratulate their state representatives, newly elected and re-elected in the last election. He expressed pleasure at the changes in the Wake County Board of Commissioners to become part of the Triangle again. Chair Jacobs said he was at the Sportsplex recently, and he noted that some signs say "Orange County Sportsplex", and some say "Triangle Sportsplex." Clarence Grier said the center has been named the Orange County Sportsplex, but this has not been changed everywhere. He said he will talk with Jeff Thompson about this. Chair Jacobs mentioned the passing of Ann Johnson, who was a leader and activist for senior's rights. Commissioner Price expressed her congratulations to the new Sheriff and the new Register of Deeds. 13. Information Items • BOCC Meeting Follow-up Actions List • Tax Collector's Report - Numerical Analysis • Tax Collector's Report - Measure of Enforced Collections • Tax Assessor's Report - Releases and Refunds under $100 • Major Fund Financial Statement for the Year Ended June 30, 2014 • BOCC Chair Letter Regarding Petitions from October 21, 2014 Regular Board Meeting 14. Closed Session - NONE 15. Adiournment A motion was made by Commissioner Gordon, seconded by Commissioner Price to adjourn the meeting at 9:02 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna Baker, Clerk to the Board