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HomeMy WebLinkAboutMinutes 03-17-2015 APPROVED 4/21/2015 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING March 17, 2015 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 17, 2015 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Assistant County Manager Cheryl Young and Clerk to the Board Donna Baker (All other staff inembers will be identified appropriately below) 1. Additions or Chanqes to the Aqenda Chair McKee called the meeting to order at 7:05 p.m. He noted the following items at the Commissioners' places: - White Sheet - Revised Women's History Month Resolution for item 4a —Women's History Month Proclamation - PowerPoint slides for item 5a - 2015 Orange Public Transportation Americans with Disabilities Act (ADA) Plan - White sheet— Corrections for item 6a - February 10th draft minutes - PowerPoint for Item 8a - Presentation of Manager's Recommended FY 2015-20 Capital Investment Plan (CIP) - PowerPoint for item 8b - Solid Waste Program Fee Options Recommendation — Solid Waste Advisory Group -Yellow Sheet— Revised Abstract for Item 11 b — Board of Equalization and Review - White Sheet—Additional Information for item 11 e - Orange County Planning Board Appointments Planning PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Aqenda b. Matters on the Printed Aqenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements and Petitions by Board Members Commissioner Jacobs announced that he and Commissioner Price will have a meeting on April 1 St with a group that is planning a possible veteran's memorial in Orange County. He said he and Commissioner Price have suggested that the group consider placing this on County property, perhaps Southern Human Services Center, Millhouse Road Park property, or the Twin Creeks property. He said he has informed the manager, and some of the recreation staff will be in attendance. He said this is in the beginning stages, and he hoped to have a recommendation by June. Commissioner Jacobs said he wanted to make a clarification regarding an information item in their agenda packet. He said the first item was "Review and consider a request that the County consult with Mebane regarding a proposed Orange/Alamance line change that would place the remaining part of Mill Creek subdivision in Orange County." He said the corollary to this would be "and place the Morrow Mountain community back in Orange County." He said the Board should direct the Manager to make this part of her discussion. Commissioner Price referred to the information item regarding the Town of Hillsborough and Faucette Lane and the process of providing County property to affordable housing. She noted that the Board had asked staff to come up with some sort of protocol for dealing with this for other properties in the future. Commissioner Price said the NC Association of County Commissioners (NCACC) held a strategic planning meeting in Orange County earlier this month at Southern Human Services Center, and it was a tight fit, but it went well. Commissioner Price said this is National Social Workers Month, and she said it is important that the County acknowledge the great staff and employees at the Department of Social Services (DSS). Commissioner Pelissier said there will be a public information session on the Durham- Orange Light Rail proposal on March 18th at the Friday Center. Commissioner Rich noted that she is not in favor of giving the Orange County portion of Mill Creek to Alamance County. Commissioner Rich said she went out on Friday with Commissioner porosin to survey zone 6 for the Family Success Alliance. She said there will be a group discussing this alliance on March 26th at Hargraves. She said surveys will be back on April 1 st, and this information will be presented at Carrboro Elementary. Commissioner porosin said he had a petition that he would like the Board to act on. He had emailed this to the full Board ahead of time, and said time is of the essence. He said there was some legislation passed in the Senate last week, and it is on the way to the House for a vote. He said this legislation will allow certain state officials to avoid having to fulfill statutory obligations to provide marriage licenses to same sex couples. He petitioned the Board to adopt the resolution he had prepared to declare their opposition to this legislation. Commissioner porosin read the following resolution: WHEREAS, Orange County, North Carolina, is a community dedicated to the principles of equality, non-discrimination, and full inclusion and engagement by any resident in the civil rights, benefits and privileges of all residents; and WHEREAS, legal rulings by the U.S. Supreme Court and the U.S. Court of Appeals have determined that the denial of equal rights for same-sex residents of North Carolina is unconstitutional, and that those residents have the right to marry; and WHEREAS, in the wake of these rulings, the North Carolina Administrative Office of the Courts, has determined that the state's judicial magistrates, who are bound by their oath of office to "support the Constitution of the United States," cannot deny any same sex couple their constitutional rights to due process and equal protection by refusing such couples the right to marry; and WHEREAS, members of the General Assembly have asserted that requiring magistrates to fulfill their statutory duties consistent with their oath to support the Constitution of the United States may conflict with an individual's personal beliefs; and WHEREAS, members of the General Assembly are considering legislation to exempt magistrates from fulfilling their statutory duties to comply with the U.S. Constitution, and to discriminate against same-sex couples seeking to marry; and WHEREAS, such legislation will violate the constitutional rights of our residents, and once again institutionalize discrimination and division through the laws of our state; and WHEREAS, we respect the sincerely held religious beliefs of our residents, but are committed to the fundamental constitutional principle of the separation of Church and State, and insist, as James Madison wrote, that "The civil rights of none shall be abridged on account of religious belief." NOW THEREFORE BE IT RESOLVED: That the Orange County Board of Commissioners is opposed to, and urges the General Assembly to reject any legislation, that seeks to exempt any government employee or agent from fulfilling their constitutional duties, including but not limited to guaranteeing the right to marry for same-sex residents of North Carolina; and BE IT FURTHER RESOLVED: That the Orange County Board of Commissioners deeply opposes discrimination, prejudice, and homophobia, and supports preserving and protecting the constitutional rights and equal treatment of all residents; and BE IT FURTHER RESOLVED: That, if this discriminatory legislation should pass, the Orange County Board of Commissioners directs the County Manager and County Attorney to collaborate with other governmental entities and community partners to directly participate in any litigation seeking to challenge such legislation. A motion was made by Commissioner porosin, seconded by Commissioner Jacobs to adopt this resolution. Chair McKee said this is outside of the normal petition policy and procedures; however, due to the timeframe, he would allow the Board to move forward if they so chose. Commissioner Pelissier said she understood that 78 magistrates out of 100 counties went to Raleigh last week to oppose this bill. Chair McKee asked if Commissioner porosin would accept a friendly amendment to retract the words "directs the County Manager and County Attorney" and replace this with "will investigate and consider collaboration with other governments." He said the reasoning is to avoid binding future boards to any action, and to make this more transparent and inclusive. Commissioner porosin said he thought this would happen anyway under the language that was written. He wanted to emphasize that they are committed to these principles, and the only check on this is litigation. He asked John Roberts for his input on the language as written. John Roberts said he would interpret this as meaning that if someone files litigation to oppose this, he would join that litigation, after consultation with the Board. Commissioner porosin said he would prefer not to change the language. Commissioner Rich said it is important when approving these resolutions that these do not sit on a shelf. She said it is important to state that the Board is willing to "stick their neck out" and go to court if necessary. VOTE: UNANIMOUS 4. Proclamations/ Resolutions/ Special Presentations a. Women's History Month Proclamation The Board considered adopting the Proclamation proclaiming the month of March 2015 as "Women's History Month" and authorizing the Chair to sign. Chair McKee noted that Commissioner Price had presented a revised proclamation, as provided at their places, and it would be best to decide which proclamation to use. Commissioner Price said that she had made some grammatical changes and had also added the word "faith" into the proclamation, because women of all faiths have participated in the various movements mentioned in the document. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to replace the proclamation in their agenda packet with the revised proclamation by Commissioner Price. VOTE: UNANIMOUS Vanessa Soleil read the revised proclamation as follows: ORANGE COUNTY BOARD OF COMMISSIONERS WOMEN'S HISTORY MONTH PROCLAMATION WHEREAS, the Orange County Human Relations Commission has diligently served the County of Orange since 1987, and is committed to promoting the equal treatment of all individuals; and WHEREAS, women of every race, ethnicity, class and faith have made historic contributions to the growth and strength of our County in countless ways, recorded and unrecorded; and WHEREAS, Orange County women have played and continue to play a critical role in the economic, cultural, and social spheres of the life of the County ; and WHEREAS, women of every race, ethnicity, class and faith served as early leaders in the forefront of every major progressive social change movement; and WHEREAS, women have been leaders in securing their own rights of suffrage and equal opportunity, and also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of women in history consistently has been overlooked and undervalued in the literature, teaching and study of American history; and WHEREAS, women constitute a majority of the Orange County labor force working inside and outside of the home; and WHEREAS, currently, women receive unequal pay for equal work; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Orange County, North Carolina does hereby proclaim March 2015 as "WOMEN'S HISTORY MONTH" in Orange County, and challenges County residents to observe this month with appropriate programs, ceremonies and activities. THIS, THE 17th DAY OF MARCH, 2015. A motion was made by Commissioner Pelissier, seconded by Commissioner Burroughs to adopt the revised Proclamation and authorize the Chair to sign. VOTE: UNANIMOUS 5. Public Hearinqs a. 2015 Oranqe Public Transportation Americans With Disabilities Act (ADA) Plan The Board considered: 1) Opening a public hearing; 2) Receiving any public comments; 3) Closing the public hearing; 4) Adopting a resolution approving and authorizing the draft 2015 Orange Public Transportation Americans with Disabilities Act (ADA) Plan; and 5) Authorize the Orange County Transportation Planning staff to submit the plan to the North Carolina Department of Transportation and Federal Transit Administration. A motion was made by Commissioner Rich, seconded by Commissioner Burroughs for the Board to open the public hearing. VOTE: UNANIMOUS Bret Martin said it is federal law that if public transit agencies are providing fixed route service, complimentary services must be provided to persons with disabilities that prevent them from using the fixed route services. He said in order for Orange Public Transportation (OPT) to be eligible for federal or state grants, transit providers must adopt and implement an ADA plan. He said the NC Department of Transportation has set a deadline for this plan to be developed and adopted by the end of this month. He said the plan components are laid out according to the federal regulations. He reviewed the following PowerPoint slides, as well as several maps: ORANGE PUBLIC TRANSPORTATION Americans with Disabilities Act Plan March 17, 2015 Transit Requirements of ADA • Fixed-Route � Complementary Para transit (Curb-to-Curb) • Any service origins and destinations within 3/4 —mile with no trip restrictions • Any requested time when fixed-route service operates • Next-day service • Fare no more than twice that of fixed-route fare When??? • EXISTING SERVICES • Hillsborough Circulator: Monday-Friday, 8am-5pm • "Hill to Hill Shuttle": Monday-Friday, 10am-11:30am and 1 pm-2:30pm • EXPANSION SERVICES (BEGINNING MAY-JUNE 2015) • Efland-Hillsborough Commuter Loop: Monday-Friday, 6-9am and 4-7pm • "Hill to Hill Shuttle": Monday-Friday, 9am-3pm • Orange-Alamance Connector and Cedar Grove-Hillsborough-Chapel Hill Shuttle: Monday-Friday, 10am-3pm Who is Eliqible???? • Persons unable to board, ride or disembark from accessible fixed-route vehicles • Persons who cannot travel to or from a bus stop because disability prevents it • Certification process —ADA Service Applications • Appeals Process — Handled by staff not involved in initial determination • Cannot Abuse the Service — NO-SHOW POLICY Who is Eliqible — Other Considerations • Disability Certification from Licensed Professional • Personal Care Attendants (No fare) and Traveling Companions (Same fare as ADA- registrant) • Visitors to the Transit System • Eligibility determined in jurisdiction of residence • 21 days of service Public Input • 30-Day Public Comment Period — No comments received th • Public Meeting Held February 12 • OUTBoard Member Comments: • Issue ID cards for ADA-certified individuals • Work with Dept. on Aging to coordinate parameters of service • Agencies/Organizations Engaged: • Department on Aging • Department of Social Services • Department of Housing, Human Rights and Community Development • Alliance of Disability Advocates • Project Compassion • Public Hearing - Tonight Manaqer's Recommendation • Open the Public Hearing • Hear/Receive Public Comments • Close the Public Hearing • Consider Approval of Resolution Authorizing the Plan • Authorize Orange County Transportation Planner to submit plan to NCDOT and FTA Commissioner Pelissier asked how the County can make it easy for staff and customers to determine the services available to them. Bret Martin said when people register for transportation their address will be on their application, and this will help staff determine their eligibility for services. Commissioner Pelissier asked if the source of funding is the half cent sales tax, or if this is additional money that was previously approved. Bret Martin said because ADA services are part of normal operating costs, this should already be included. He said the amount he listed is based on what is in the ADA plan. He said a lot of ADA routes are provided through deviation from existing fixed routes. He said this is not an additional cost. Commissioner Price asked about the pay. She referred to the top of page 3 in attachment one. She said there is a reference to the doubling of the fare for someone who needs the ADA service, and she said this seems discriminatory. She asked if the extra pay is necessary to sustain the service. Bret Martin said it costs more than twice as much to provide a trip for a handicapped person. He said another part of this is to disincentive this service when it is not needed, and to financially incentivize people who are capable of making it to a fixed route stop to do so. Craig Benedict said the fee structure can be set by the Board of Commissioners. He said the alternative to the increased fee is to potentially use more general fund balance to support that service. Commissioner Price said her thought is that a lot of the people using the service are doing so because they cannot afford a car. She asked if there would be subsidies available for fares. Bret Martin said customers could be eligible for Medicaid for transportation to physician appointments. He said when the Board of County Commissioners adopted the 5 year expansion plan they adopted a consideration of subsidies for residents who are already certified for programs through Department of Social Services (DSS). He said there will be quite a few ADA individuals who fall into this category. Commissioner Price said she feels it is discriminatory to require someone to pay double because of a disability. Commissioner Price asked for clarification on the hours. She asked if the windows listed will be the only times someone could ride a bus to get back home. Bret Martin said yes, right now, because of the routes provided. He said this will be expanding. Commissioner Price asked about the determination of ineligibility and appeals, and whether the federal law specifies that the hearing officer must be the OPT administrator, or that the decision is final. Bret Martin said federal law does not require this to be any specific person. He said the guideline does say that the appeals officer must be different than the person who made the initial determination. He said this is something that could change. Bret Martin said sometimes entities use their transportation advisory boards as their appeal boards. He said in Orange County that would be the OUTBoard, but OUTBoard does not meet often enough to meet federal guidelines. Commissioner Price asked John Roberts if someone could come to the Board or to the attorney if they did not like the opinion of the OPT administrator. John Roberts said he would need time to review this in order to provide an answer. Commissioner Price noted that page 28 states that a person would have 30 days to appeal after receipt of letter, and she asked if the letters will be sent by certified mail. Bret Martin said yes. Commissioner Rich asked if the service is coming out of the current operational budget. Bret Martin said yes. Commissioner Rich said people will be paying for service, and she asked how this fits in. Bret Martin said there is a revenue line in the budget for fares. He said payments will go into that revenue account. Commissioner Rich said this looks like a consistent service over the 5 years, and she asked if it is not estimated that more people will take advantage of it over time. Bret Martin said yes. He said this is a guess. Commissioner Rich asked if this will be brought back to the Board of County Commissioners for further discussion if the ridership does increase. Bonnie Hammersley said these are just projections over a 5 year period; however the numbers will be monitored annually through the budget process and adjustments will be made as needed. Commission Rich asked if adjustments will always come out of the half cent sales tax for operations. Bonnie Hammersley said yes. John Roberts referred to Commissioner Price's question. He said the appeal process is an administrative process, and if appeal is denied the person would have access to further appeal hearings through the office of civil rights. PUBLIC COMMENT: Alex Castro, Jr. is from the Bingham Township. He said he is vice-chair of the Aging Advisory Board, and vice-chair of the OUTBoard. He said this item has not yet come before the OUTBoard. He said his comments are personal, and they do not reflect the opinions of the opinions of the two boards. He read from the following submitted written comments: The proposed service expansion is a very positive step for the rural communities of Orange County. However, rural residents are not accustomed to riding a transit bus and marketing efforts are needed to increase ridership rapidly and ensure the success of an expanded Orange Public Transit service. Some suggestions: 1. Branding: Chapel Hill Transit has EZ Rider and Triangle Transit uses Flex Rider. Triangle Transit is also using GO Triangle. Orange Bus is vague and there should be a catchy name given to OPT to provide instant recognition. 2. A simple how to use the bus guide needs to be developed, made available on-line and in written form on each bus. On each bus there should be printed route schedules in a case mounted in a readily accessible location on the bus. A map showing the routes should also be posted on the bus. These schedules and guides should be widely distributed to congregations, key retail outlets and the Sportsplex/Central Orange Senior Center. Service changes should be forwarded to the Orange County Public Relations Director for on-line distribution to County residents. 3. Fixed route bus stops should have a posted sign indicating the name of the stop and a route map showing the times the bus arrives at the stop. Each stop should have a simple shelter that provides cover from the elements for waiting riders. Partnership with sponsors in exchange for simple acknowledgements of the sponsors should be pursued. A good start would be to provide shelters at the Wal-Mart in Hampton Pointe, the new UNC Hospital, and Durham Tech Community College Campus. 4. Fares for low income ADA certified riders should be subsidized to reduce the financial impact on these riders. For those riders requiring and accompanying health aide, the aide should not be charged a fare. 5. Riders that are certified to use the ADA Para-transit service should be issued a Photo identity card with a magnetic stripe to enable automated tracking of the service being provided. It is noted that OPT receives only 12% of the sales tax and fees proceeds dedicated to Transit services yet will probably be the only transit service used in their lifetime by rural seniors. It would be appropriate to allocate additional funding to put in place these suggested additions to render the expanded service more rider friendly. Submitted by Alex Castro Jr. Bingham Township Senior Resident Commissioner Price said additional bus stops are needed. Craig Benedict said staff has been working on a marketing campaign, and several of the other suggestions are also being pursued. He said staff understands that there is an education process for rural riders. A motion was made by Commissioner Rich, seconded by Commissioner Burroughs for the Board to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs for the Board to: 1. Consider approval of the attached resolution (Attachment 3), approving and authorizing the plan; and 2. Authorize the Orange County Transportation Planning staff to submit the plan to the North Carolina Department of Transportation and Federal Transit Administration. Commissioner Price asked if this approval includes the double fare. Bret Martin said the Board can make that decision with the adoption of the plan. Commissioner Price said she would like to offer a friendly amendment to ask for a fare study regarding the cost of this service. Commissioner Pelissier said she would accept the amendment, and she would like to specify the need to find out how many people are Medicaid eligible. Commissioner Jacobs accepted the friendly amendment. VOTE: UNANIMOUS 6. Consent Aqenda • Removal of Any Items from Consent Agenda NONE •Approval of Remaining Consent Agenda A motion was made by Commissioner porosin, seconded by Commissioner Price to approve the items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board approved the minutes as submitted by the Clerk to the Board for the following meetings: February 3, 2015 BOCC Regular Meeting; February 10, 2015 BOCC Work Session, with corrections; and March 6, 2015 BOCC Special Meeting (Rural Internet). b. Dedication of Stormwater Facility Easements Servicinq Culbreth Middle School The Board approved a dedication of the Stormwater Facility Easements built to service Culbreth Middle School to the Town of Chapel Hill as presented, upon final review of the County Attorney, and authorized the Chair to sign. c. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of 2015 Annual Technical Advisory Committee Report The Board received the 2015 Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC) and will transmit it to the SAPFO partners for comments before certification in May and authorized the Chair to sign the transmittal letter to SAPFO partners. d. Chanqes in BOCC Reqular Meetinq Schedule for 2015 The Board approved three changes to the County Commissioners' regular meeting calendar for 2015 as follows: 1) To add an Assembly of Governments' meeting on Thursday, March 26, 2015 at 7:00 p.m. (prior to the scheduled Joint Meeting with the Town of Chapel Hill) at Southern Human Services Center, 2501 Homestead Road in Chapel Hill; 2) To re-schedule the Joint Meeting between the Town of Hillsborough and the Board of Commissioners for Thursday, April 23, 2015 at 7:00 p.m. at the Whitted Building, 300 West Tryon Street in Hillsborough; and 3) To add a closed session for the County Manager's annual evaluation on Tuesday, June 23, 2015 at 6:00 p.m. at the Link Government Services Center, 200 South Cameron Street, Hillsborough. 7. Reqular Aqenda a. Updates and Recommendations for Employee Benefits Effective July 1, 2015 The Board considered approving the County Manager's recommendations regarding employee health insurance and other benefits effective July 1, 2015 through June 30, 2016 of no increase for medical and pharmacy costs; $100,000 increase for mitigating the impact of employees paying double deductibles; and a $70,000 increase for dental insurance. Brenda Bartholomew introduced this item. Wesley Grigston introduced the members of his team from Arthur J. Gallagher. He reviewed the process of setting up a budget for the new plan year. He said, given that the County is self funded, the premium equivalents are based on historical data to establish a projected budget. He said for the new plan year, beginning July 1, the projected budget will be $11,079,000. He said the projected cost for the upcoming plan year is $75,000 lower than last year. Dave Costa walked through a PowerPoint slide description of the rates and the background information included below: BACKGROUND: The County provides employees with comprehensive benefits including health, dental, life insurance and access to an Employee Assistance Program. The County has been self-funded since January 1, 2014 for medical and pharmacy plans and continues to be self-insured for the dental plan. The County pays an administrative fee and all claims incurred by members enrolled in the United Healthcare and Delta Dental programs. The United Healthcare administrative fee of$143.53 per member per month includes stop-loss coverage of$100,000 per person. Further, the County is currently transitioning from a twelve-month calendar plan year to a twelve-month fiscal plan year, July 1 through June 30. Therefore, a one time, six-month plan year was implemented effective January 1, 2015 through June 30, 2015. A twelve-month plan year will begin July 1, 2015 and end June 30, 2016 to align with the County's fiscal year. In February 2015, the Health Insurance Advisory Committee, under the direction of County Purchasing Agent David Cannell, participated in the Request for Proposal (RFP) process for the selection of a Broker of Record for the administration of benefit programs which include but are not necessarily limited to health, dental, vision, and other voluntary programs for employees and retirees. The Manager recommended, and the Board of Commissioners approved, the selection of Arthur J. Gallagher & Co. (AJG) as the Broker of Record at the March 3, 2015 regular meeting. Overall, enrollment numbers for the six-month benefit period which were effective January 1, 2015 have remained consistent, with a slight decrease in the High Deductible Health Plan membership compared to FY 2014/15. The number of employees waiving health insurance coverage has increased primarily due to employees obtaining coverage elsewhere, usually a spouse's benefit plan. Attachment 1 shows benefits and enrollments as of February 16, 2015. The County continues to administer voluntary benefit programs including vision coverage, short term disability, whole life insurance, critical illness and accident insurance available through the benefit of a payroll deduction. At this time, there are no plans to change the voluntary benefit programs. The County will continue to partner with representatives of the UNC Wellness @ Work program to offer health screenings to all employees. In the fall of 2014, the Health and Human Resources Departments coordinated flu clinics for employees and Human Resources held two Breast Cancer Awareness Days for mammograms at UNC Radiology in Hillsborough. Staff will be working closely with AJG to conduct a feasibility study related to wellness and an employee clinic. Health Insurance Open Enrollment for benefits will be held in April 2015 for coverage effective July 1, 2015 through June 30, 2016. AJG worked with United Healthcare to obtain utilization data for medical and pharmacy cost projections for the FY2015/2016 budget. The data incorporated 24 months of claims utilization including periods of January 2014 through January 2015 (self- funded) and January 2013 through December 2013 (fully insured). After a detailed review, AJG is recommending that the premium equivalent remain the same, with no increase for medical and pharmacy costs. To date, no benefit changes are anticipated for FY2015/16 coverage. Health benefits, co-pays, co-insurance and deductibles are expected to remain the same. AJG will continue to work with staff in analyzing all data relative to benefits and will bring forward any recommendations, if necessary, to the Manager and the BOCC for consideration and approval. Staff and the County Manager discussed with AJG ways to mitigate additional deductible expenses for some employees because of the plan year change from calendar to fiscal. It is estimated that approximately 18 percent of employees and retirees may have met or will meet some or all of their deductible in the short plan year, and will then incur a second deductible in FY 2015/16. AJG has projected a cost of$100,000 to mitigate the impact of deductibles paid by employees because of the plan change from a calendar year to a fiscal year. These costs represent making employees whole by giving credit to those who will have paid two deductibles within the 18-month period (January 1, 2015 through June 30, 2016). Dental Insurance The County will continue providing dental coverage with Delta Dental. The premium rate charged for employees with dependent coverage has not increased since 2007, and the County's reserve fund has been able to sustain increases in claims and administrative fees. The rate for dental coverage is expected to increase 15% for Plan Year 2015/16 to sustain an adequate reserve for future claims. This is an increase of$70,000. Commissioner porosin asked if it is accurate to say that the rate of dental coverage is going up 15 percent, and $70,000 more needs to be put in to cover this increased rate. Brenda Bartholomew said the County contribution for this will be $40,000, and the other $30,000 will be from the employees. She said this increase will equate to $5 per month for individuals and $10 per month for families. Commissioner porosin said this sort of straightforward explanation is what he needs to see. Wesley Grigston said the last piece of the discussion is regarding the shortened 6 month plan year. He said this creates the challenge of what to do with people who have begun tracking, or have met their deductible as of July 1 st. He said with United Healthcare there are two options: 1) give credit for the deductible they have already met or begun to meet; or 2) do not give credit, and reset back to zero. He said this cost is projected by looking at 6 months of the previous plan year and the money spent towards deductibles. He said this number for the PPO plan, in network, was $89,000. He said this cost would be projected to be roughly the same for the upcoming year. He said the recommendation is to roll the deductible amounts over into the next plan year. Brenda Bartholomew said this was a reiteration of a discussion with the County Manager about making the employees whole after the decision was made to transition to a fiscal year. She said this is why money is being put into the budget to mitigate the possibility of people having to pay two deductibles. Bonnie Hammersley said the hope was to have a full 18 month plan, but that was not feasible. She said lowering the deductible to half would have harmed the employees by raising premiums. She said this was a way to fix this issue without affecting the employees' premiums. Commissioner Rich asked if this locked the County into using United Healthcare (UHC) for the next 18 months. Brenda Bartholomew said the plan is to look at the 2016-17 enrollment period as the time for Gallagher to pursue new quotes. Bonnie Hammersley said the first step in this process was a request for proposals (RFP) for the broker of record, and this was awarded to Arthur J Gallagher. She said the next step is to get RFPs in the competitive market for other providers. She said the timing is not good, so the County will be with UHC for the next 12 months, and then an RFP will be distributed. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to approve the County Manager's recommendation of no increase for medical and pharmacy costs, $100,000 increase for mitigating the impact of employees paying double deductibles and a $70,000 increase for dental insurance. VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) MOTION PASSES 6-1 b. Cedar Grove Community Center Construction Bid Award and Approval of Budqet Amendment#6-B The Board considered: 1) Awarding a bid to Raccanelli Construction South, Inc. of Apex, North Carolina in the amount of$2,311,900 for the construction of the Cedar Grove Community Center; 2) Approving Budget Amendment#6-B in the amount of$104,000 from the Roofing Projects Capital Project (related to the unused funds for the Northside Human Services Center) to the Cedar Grove Capital Project to provide contingency funds for the project (if necessary); 3) Authorizing the Chair to sign the necessary paperwork upon final review of the County Attorney; and 4) Authorizing the County Manager to execute change orders for the project up to the project budget. Jeff Thompson said Raccanelli South is the lowest responsive bidder, and if the Board approves this award, the construction should start in early April. He walked through several slides of the site plan and the improvements. He said the building will be kept in very good working order, with the community center in the middle and the mothballed wings serving as storage or other uses currently being discussed by the workgroup. He said the truck dock access really opens up the southern wing for storage and economic development use. He said the plan is for an 8 month construction period and a projected opening for spring of 2016. A motion was made by Commissioner Price, seconded by Commissioner Rich for the Board to: 1) Award a bid to Raccanelli Construction South, Inc. of Apex, North Carolina in the amount of $2,311,900 for the construction of the Cedar Grove Community Center; 2) Approve Budget Amendment#6-B in the amount of$104,000 from the Roofing Projects Capital Project (related to the unused funds for the Northside Human Services Center) to the Cedar Grove Capital Project to provide contingency funds for the project (if necessary); 3) Authorize the Chair to sign the necessary paperwork upon final review of the County Attorney; and 4) Authorize the County Manager to execute change orders for the project up to the project budget. VOTE: UNANIMOUS c. 2015 Oranqe Public Transportation Title VI Plan The Board considered: 1) Adopting a resolution approving and authorizing the draft of the 2015 Orange Public Transportation Title VI Plan/Program, and 2) Authorize the Orange County Transportation Planning staff to submit the plan to the North Carolina Department of Transportation and Federal Transit Administration. Bret Martin said the Title VI plan is a federal requirement for Orange Public Transportation (OPT) to remain eligible for federal transit funding. He said the federal guidelines lay out the requirements of the plan, including specific information that must be disseminated to the public related to their rights; complaint procedures and forms; public outreach plans to engage minority and non-English speaking populations; plan for assistance to those populations; and a racial breakdown of the OUTBoard members. He said the NC DOT has given OPT a deadline of the end of March to submit the plan. Commissioner porosin asked who is identified as the Title VI coordinator in Orange County. Bret Martin said Peter Murphy is the coordinator. Commissioner porosin said Title VI is an anti—discrimination provision. He said this is a comprehensive report, but he did not see much about the demographic of the ridership. He would like to see this information if it is available, and if not, he would like to see a plan for gathering it. Bret Martin said there are no plans in place, but it is possible to get this information. He said the Title VI requirements are more difficult as transportation systems get larger, and this demographic requirement is in place for systems that operate more than 50 vehicles in a fixed route service. He said OPT is not doing this, but it can be done. Craig Benedict said socioeconomic data was looked at during the creation of the 5 year plan, especially in the Efland Cheeks area, which was one of the highest transit dependent populations. He said the ridership data will be looked at more once the service is in place. Commissioner porosin said Title VI does not include socioeconomic status as a protected class. He said the Family Success Alliance has been doing some census mapping, and there may be an opportunity for some synergy there. He said there is a lot of information in this plan regarding access to interpreters for passengers with limited English proficiency, but he did not see anything about providing language training for drivers to become bi-lingual. He said this might be something worth incentivizing for folks who will be on the front lines. Chair McKee said he has heard a request for more information on the demographics and a request to look into the possibility of bilingual training. He said it seems like it is the consensus of the Board to endorse these requests. Commissioner Pelissier asked if there are already documents available that have been translated into other languages for their ridership. If not, she would like to suggest this. Commissioner Price echoed this suggestion. Commissioner Price referred to page 6, and asked if complaints can be submitted by email. She asked Bret Martin to look into this. Commissioner Price asked if letters will be sent by certified mail. Bret Martin said all correspondence regarding complaints will be handled by certified mail. Bonnie Hammersley said with the expansion of this service this summer, the system will grow, and the size will require staff to look at these issues more diligently. She said staff is committed to putting more systems in place to track information and reporting this information back to the Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs for the Board to: 1) Consider approval of the attached resolution (Attachment 2) approving and authorizing the plan; and 2) Authorize the Orange County Transportation Planning staff to submit the plan to the North Carolina Department of Transportation and Federal Transit Administration. VOTE: UNANIMOUS d. Svstem Safety Proqram Plan — Oranqe Public Transportation (OPT) The Board considered adopting an operational System Safety Program Plan (SSP) for Orange Public Transportation meeting the North Carolina Department of Transportation/Public Transportation Division (NCDOT/PTD) requirements. Peter Murphy (OPT Administrator) introduced Malcolm Massenburg, the new Assistant OPT Administrator. Peter Murphy said during the past summer OPT's system was reviewed and found to be in non-compliance in several areas. He said these items are listed in the summary. He said the items have been addressed and a letter of closure has been sent to the NCDOT. He said one remaining item is for the Board to adopt the systems safety plan. Commissioner Price referred to one citation where an employee was using a cell phone while driving. She asked if the use of cell phones is or will be prohibited while the vehicle is in motion. Peter Murphy said the use of cell phones, with the exception of hands free devices, are prohibited. He said drivers are instructed to pull over. He said the challenge is that the radio service does not reach all of the areas of the County, so the backup communication method is cell phones. He said drivers are told to pull over even when using a hands free device. Commissioner Price asked clarifying questions regarding the policy. Peter Murphy said the document makes it clear that drivers are not to drive and talk on the phone, and it references the way the law is written. He said this is discussed in training with drivers. He said there is also no texting allowed while driving. Chair McKee expressed his appreciation for staff's efforts to work on these issues. A motion was made by Commissioner Pelissier, seconded by Commissioner Price for the Board to adopt the staff-recommended System Safety Program Plan. VOTE: UNANIMOUS e. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for Impervious Surface Amendments The Board considered: 1) Approving process components and schedule for a government initiated Unified Development Ordinance (UDO) text amendment for the May 26, 2015 Quarterly Public Hearing regarding impervious surface regulations; 2) Directing staff to proceed accordingly; and 3) Providing feedback on the need to establish a County wide impervious surface limit in those areas of the County not located within a watershed protection overlay district. Michael Harvey said this item is regarding a text amendment that will be reviewed at the May Quarterly Public Hearing. He reviewed the information in this abstract. He said staff has received a petition from an Orange County property owner to modify impervious surface ratios. He said he was instructed to initiate the ordinance amendment process to create the outline form in attachment 1 with a schedule to bring this forward for approval at the May quarterly public hearing. He reminded the Board of the current methodologies for modifying existing impervious surface allowances. Michael Harvey said this proposal looks to incorporate a current state practice that will allow for the installation of a stormwater feature, called best management practices (BMPs), to allow for additional impervious surface to be installed on a lot. He said this is outlined in attachment 2. He said staff is requesting the Board to approve the outline form to allow them to move forward with the ordinance amendment process and to give direction on several other questions. Commissioner Jacobs referred to page 11 and item 4b-ii. He asked about the example of increasing impervious surface by 50 percent in the University Lake watershed protection overlay district. Michael Harvey said the impervious surface would not be raised by 50 percent. He said under the state programming, if you have a certain amount— say 3,000 square feet - of permeable pavement, you could receive as much as 75 percent of additional impervious surface on the lot based on that amount of pavement. He said staff is studying the need for a cap. Commissioner Jacobs asked if staff has talked to OWASA about this. Michael Harvey said that will be part of the peer review. He said authorization would be needed from the Board prior to the peer review process. Commissioner Jacobs asked if owners will have to maintain the BMP. Michael Harvey said yes, a management agreement will have to be recorded at the register of deeds office, and the owners will have to agree to maintain the system. Commissioner Jacobs asked if more staff will be hired to monitor these BMPs. Michael Harvey said this was one of the cons listed. He said he is not sure if more staff will need to be hired, but there will be an increased level of required enforcement. Commissioner Jacobs said he thinks of BMPs from an agricultural standpoint, and these can be a fairly substantial facility. He asked if these could possibly be a neighborhood hazard if not properly maintained. Michael Harvey said that could be a potential problem. Commissioner Jacobs asked if the state standards are higher or lower than Orange County's standards. Michael Harvey said Orange County is more restrictive than the state. He said Orange County chose to be more restrictive in these areas due to the fact that these are primary water sources. Commissioner Jacobs said basically the Board is authorizing staff to take this to a public hearing. Michael Harvey said yes. Commissioner Jacobs said there have been past discussions about a septic tank monitoring system, and if people are going to be putting in BMPs, perhaps they should be paying a fee for monitoring. He said these enhancements can potentially have an adverse effect on other people's properties and on County resources. He said most people do not give a lot of thought about monitoring their septic systems and the protection of groundwater resources. Michael Harvey said the impervious surface limit is important for the County's participation in the state watershed management program. He said there are separate regulations governing the installation of stormwater devices. He said this is regarding a voluntary program where a property owner would be engaging in the installation of a stormwater feature (BMP) with the benefit of receiving additional impervious surface. He said it is important to understand, moving forward, that there are existing state and county requirements that all BMPs have to be maintained in perpetuity. Commissioner Pelissier agreed with Commissioner Jacobs with regard to asking for OWASA's input on this issue, and she would also like for the Commission for the Environment to review it. Michael Harvey said these entities can be part of the peer review that is being recommended. Commissioner Pelissier suggested staff and the OWASA board should review this. Craig Benedict said reviews can be solicited prior to the Quarterly Public Hearing (QPH) and the comments can be made part of the public comment at the QPH. Commissioner porosin said there was discussion about the idea of looking at impervious restrictions in other districts. He asked for clarification on why this is being brought up. Michael Harvey said there have been comments over the years about this issue. He said as part of their due diligence in responding to a property owner's petition, as well as concerns from the Board, the question was brought up again. Commissioner porosin said this is not necessarily integral to resolving this. Michael Harvey said no, it is just comprehensive to the question of impervious surfaces. PUBLIC COMMENT: Simon Sexton lives in a home in a protected watershed area, and he feels that this impervious rule is unfair. He said there are exceptions to what this rule is protecting. He said he likes nature and he does not want to pollute the drinking water. He said he has 10 acres and a ditch to prevent runoff. He encouraged the Board to allow people to have more impervious space. Bryan Sexton thanked the Board for their work on this issue. He said impervious restrictions are important for the environment, but his impervious rights as a homeowner were given away before he even moved into his home. He said he moved into a home with less than 2 percent of usable pervious surface. He said he has ten acres in which there is a driveway, home and patio that already puts him over the limit. He said he cannot even put in a shed for a mower. He said he pays $14,000 in taxes for his acreage, and he cannot install a shed or a pool. He thanked the Board for their consideration of these issues. Letter submitted via email from: Janel D. Sexton Message: Dear Board of County Commissioners: We appreciate how receptive the Board of County Commissioners and the Orange County Planning and Inspections Office have been in hearing our grievances regarding impervious surface issues. It is my understanding that since I spoke at the December 2014 meeting of the BOCC, the Planning and Inspections Office has done a great deal of work to address the restrictions in accordance with current data and a consideration of BMPs. We urge you to support this movement towards more reasonable impervious limits. The new regulations should take into account current science about water quality and the use of best management practices such as disconnected structures, pervious pavers, and having a swale, which mitigate against runoff. As Orange County residents whose 2015 property tax exceeds $14,000, my husband and I feel entitled to use our property, provided it does not come at the cost of polluting a public water source. Our proposal to have more impervious is well within reasonable limits. Furthermore, after delving further into the allotment we received when we purchased our house, we discovered we only have 1.9% of an impervious allocation--no where near the 6% which we should have. This is unreasonable, unfair, and simply unacceptable. We have a right to use our land, to enjoy our land--the land we pay taxes on--in a typical, reasonable way that would be expected of a single family dwelling. As I stated in my last letter, we were aware of impervious restrictions when we purchased our house, however we had no way of knowing at the time how restrictive Orange County is in its definitions and practices. The state on North Carolina not only has more generous impervious allotments, but also does take into account best management practices (BMPs). Please vote to move Orange County forward, to bring this issue to public hearing as soon as possible, and reward residents who employ BMPs. We need to protect water purity using good science rather than status quo measures. Thank you. Respectfully, Dr. Janel D. Sexton Chair McKee said he felt it was important to go back and look at this issue. A motion was made by Commissioner Rich, seconded by Commissioner Rich for the Board to: 1. Approve the attached Amendment Outline form; 2. Direct staff to proceed accordingly; and 3. Provide feedback on the need to establish a County wide impervious surface limit in those areas of the County not located within a watershed protection overlay district. 4. Insure input is received from peers and the entities referenced by Commissioner Jacobs and Commissioner Pelissier, prior to the quarterly public hearing. Commissioner porosin asked about the provision of input and whether this should be in the resolution. Michael Harvey said this Board is going to be looking at this twofold and he would interpret the motion as the Board will provide appropriate feedback on that specific question at a future date, but they have authorized staff to move forward with the amendment process. Chair McKee said he interpreted this as having feedback from discussions held outside of the Board of Commissioners, and this would come back to them at a future date. Commissioner porosin said he has not weighed in, and he is reluctant to expand impervious surface restrictions in other areas of the County. Michael Harvey said there should be additional discussion at a future meeting, and that is included in the motion. VOTE: UNANIMOUS 8. Reports a. Presentation of Manaqer's Recommended FY 2015-20 Capital Investment Plan — �� The Board considered the presentation of the Manager's Recommended FY 2015-20 Capital Investment Plan and provided direction to staff in preparation of the April 9, 2015 Budget work session. Bonnie Hammersley said Paul Laughton would be giving a brief presentation of this plan and there will be two work sessions coming up in April and May. Paul Laughton thanked the Manager and the department heads for their assistance in putting this plan together. County Manager's Recommended FY 2015-20 Capital Investment Plan March 17, 2015 Presentation Southern Human Services Center Overview • 5-Year Capital Investment Plan (CIP) with detailed information in Years 1-5, and an overall picture in Years 6-10 • The CIP is a budget planning tool that is evaluated annually to include year-to- year changes in priorities, needs, and available resources. • Funding decisions are approved only for Year 1 (FY 2015-16. CIP Format • Divided into the following sections/tabs: • CIP Summaries • County Projects • Special Revenue Projects (Article 46 Sales Tax) • Proprietary Projects (Water & Sewer, Solid Waste, and Sportsplex) • School Projects • Appendices (Debt Service and Debt Capacity, and Policies) • FY 2015-20 Orange County CIP Projects County-Wide Summary—Appropriations PIE CHART -Year 1: FY 2015-16 - $24,731,705 - County 34% - Schools 26% - Proprietary Funds 29% -Article 45 Sales Tax 11% -Year 2: 1-5: FY 2015-2020 - $137,032,666 - County 57% - Schools 21% - Proprietary Funds 12% -Article 46 Sales Tax 10% • FY 2015-20 Orange County CIP Projects County-Wide Summary— Revenues PIE CHART -Year 1: FY 2015-16 - $24,731,705 - Debt-County 27% - Debt-Other 20 % -Article 46 Sales Tax 14% - Transfers from General Fund 19% - Lottery Proceeds 6% - Proprietary Funds 6% - Debt- Schools 5% - Other Funding Sources 3% -Year 2: 1-5: FY 2015-2020 - $137,032,666 - Debt-County 49% - Debt-Other 7 % -Article 46 Sales Tax 11% - Transfers from General Fund 18% - Lottery Proceeds 5% - Proprietary Funds 4% - Debt- Schools 2% - Other Funding Sources 4% Current CIP Projects Removed from Recommended FY 2015-20 CIP County Proiects: • Emergency Services 510 Meadowlands (no funding since FY 2013-14) • Animal Services Facility (generator is now included in a separate Generator Project) Solid Waste Proiects: • Landfill/Municipal Solid Waste (no funding since FY 2013-14; MSW Landfill is closed) Major Changes to Current FY 2014-19 CIP County Proiects: • Southern Branch Library— construction costs reduced by approximately $1.4 million, based on 15,000 square feet and 50 parking spaces. • Proposed Jail — construction costs reduced by approximately $4.1 million due to reduction in initial bed capacity from 216 to 144. • Environment and Agriculture Center— construction moved up 1 year to FY 2016-17 • Historic Rogers Road Community Center/Infrastructure — infrastructure work related to the OWASA Sewer Concept Plan moved back 1 year to FY 2016-17. • Emergency Services Substations —two (2) initial co-build substations moved back 1 year to Year 2 (FY 2016-17) • Two (2) New Projects — Generator Projects and 9-1-1 Backup Center Park Proiects: • Blackwood Farm Park—the Parks Operations Base has moved up 1 year to Year 4 (FY 2018-19). • Soccer.com Soccer Center— possible land acquisition for future expansion has moved up 1 year to Year 1 (FY 2015-16). • Major Changes to Current FY 2014-19 CIP (cont.) Water and Sewer Proiects: • Buckhorn EDD Phase 2 Extension (Efland Sewer to Mebane) — includes $240,000 in Year 1 for project management funds related to construction of the project, which is scheduled for completion in FY 2015-16. • Eno EDD — moved up 2-3 years to Year 1 due to a smaller area within the EDD that offers the opportunity to extend sewer within the next two years. • Buckhorn-Mebane EDD Phases 3 and 4 — moved back 2 years to Year 3 (FY 2017-18) to allow for operation of Phase 2 for a period of time prior to starting this project. Solid Waste Proiects: • Sanitation — estimated increased costs of Eubanks Road Convenience Center improvements by approximately $700,000, which is included in the upcoming Spring financing package for FY 2014-15. • High Rock Road and Ferguson Road Convenience Centers improvements have each been pushed back 1 year. • Recycling — purchase of a new Recycling truck for the Rural curbside program; construction of a new Recycling roll-cart distribution and maintenance building in Year 1 (FY 2015-16). Sportsplex: • Ice rink floor repair funds of$75,000 moved up 2 years to Year 1 (FY 2015-16) due to concerns over structural integrity. Also, $1.5 million added in Years 6-10 for a possible rink system rebuild. Schools: (Based on most recent SAPFO #'s) • CHCCS — includes Preliminary Planning Funds of$750,000 to allow for "shovel ready" project(s) after a successful Bond referendum; Middle School #5 and Elementary #12 move back 3 years to open in FY 2023-24; Carrboro HS additions moves out of the 10-year CIP period. • OCS — includes Preliminary Planning Funds of$478,000 to allow for "shovel ready" project(s) after a successful Bond referendum; Cedar Ridge HS Classroom Addition to open in FY 2022-23, with planning/design funds beginning in Year 5 (FY 2019-20); Elementary #8 moves out of the 10-year CIP period. Major County Projects -Year 1 • Southern Orange Campus (site work) - $3,600,000 • Southern Branch Library (site design work) - $472,500 • Information Technology - $500,000 • Proposed Jail (site design work) - $500,000 • Environment and Ag Center (site design work) - $300,000 • 9-1-1 Backup Center - $369,499 • Conservation Easements $250,000 • Soccer.com Soccer Center (land) - $425,000 • River Park Phase II - $300,000 • P & R Facility Renovations and Repairs - $300,000 Special Revenue Projects —Year 1 (Article 46 Sales Tax) • 50% of proceeds to Economic Development initiatives, and 50% to Schools • Economic Development— $1,407,287 (approximately 60% reserved for debt service) • Schools — CHCCS $865,482 (1/2 towards Technology, and 1/2 towards facility improvements at older schools); OCS $541,807 (Technology 1:1 laptop initiative and technology upgrades) Proprietary Projects —Year 1 Water and Sewer Proiects: • Efland Sewer Flow to Mebane - $240,000 • Economic Development Infrastructure - $50,000 • Economic Development Utility Extension Projects - $250,000 • Hillsborough EDD - $1,000,000 • Eno EDD - $1,050,000 Solid Waste Proiects: • Sanitation — replacement of front end loader - $296,035 • Recycling - purchase 1,750 additional Rural Recycling Carts; new Rural curbside Recycling truck; new roll-cart distribution and maintenance building; replacement of 2 trucks (total of$1,177,884) Sportsplex Proiects: • Indoor Turf/Court Addition - $2,800,000 • Other improvements/repairs - $350,000 School Projects -Year 1 • Preliminary Planning Funds totaling $1,228,000 ($750,000 to CHCCS and $478,000 to OCS — based on ADM) • Pay-As-You-Go funds ($3,724,849) — same amount as in FY 2014-15 • Lottery Proceeds ($1,356,362) — increase of approximately $20,000 from FY 2014-15 (based on State estimates) Appendices • Debt Service and Debt Capacity: • General Fund — remains under the 15% debt capacity throughout the 5-year CIP; highest % is 14.08% in Year 4 (FY 2018-19), and remains under 15% throughout the Years 6-10 period. • Water and Sewer Projects (Article 46 Sales Tax proceeds) — current projected revenue earmarked for debt service is adequate to cover debt service payments over the 5-Year CIP. • Capital Funding, Debt Management, and Fund Balance Management Policies Document Availability • Clerk to the Board of Commissioners • County Finance and Administrative Services Office • Orange County Website • www.orangecountync.gov Paul Laughton said one of the things controlling the drop in schools percentage in years 1 through 5 is the fact that a couple of the schools moved out of the CIP due to capacity issues. He noted that the target over a 10 year period is for capital funding to include schools at 60 percent and County projects at 40 percent, and this is pretty close that that goal. Referring to the slide on Appendices, Paul Laughton reminded the Board that debt capacity and debt affordability are two different things. He said you can be under debt capacity, but you must have the revenues to pay for the increase in debt service. He noted that in years 2017-18, the debt service increases by $2.1 million, and then in 2018-19 it increases another $1.7 million. He said if the revenue stream is not sufficient, a tax increase may be required at this time to pay for the debt. Bonnie Hammersley said she met with all of the department directors, as well as the schools, and this was a good process. She will come to the future work sessions with a more vertical view of the big picture. PUBLIC COMMENT: Bonnie Hauser thanked the Board for the decision to defer their decision on the bond referendum. She said it is clear that better policies are needed to manage the older schools. She asked the Board to please consider the policies that govern how funds are allocated to the schools. She said the current policy design is such that school maintenance needs are made at the expense of teachers and classrooms, and this is why maintenance needs have been deferred for years. She said it is time to modernize these policies. Bonnie Hauser said there is nothing in the CIP about modernizing the Bradshaw Quarry Solid Waste Convenience Center, and she would like for some statement to be included about this facility. She does not want to see it close again. Commissioner McKee noted that there has been no delay or suspension of the bond discussion, and it is in process. Commissioner porosin asked for clarification regarding the Rogers Road Infrastructure. Bonnie Hammersley said the schedule has not changed. She said the way it was originally listed in the CIP, all of the money was in one year, and there is one more phase left. She said she and the County attorney are in the process of creating the next interlocal agreement. She said the next design phase would take a year, and the anticipated start is in April or May of 2015, and this will be complete in June or July of 2016. She said the schedule has not changed, but the money has been moved to more accurately fall where it will be spent. Commissioner porosin said he would like for them to expedite this process. Bonnie Hammersley said there are a number of easements, and there is work being done with the Jackson Center on these. Commissioner Pelissier said the way this has been presented is different than it has been in the past and it is great for the Board and the public. Commissioner Burroughs said she would like to learn more about the site work at Southern Human Services Center campus and the urgency there. Commissioner Burroughs expressed thanks for the planning funds for Orange County Schools (OCS) and Chapel Hill Carrboro City Schools (CHCCS). She said the timeframe in the presentation for the schools is very SAPFO oriented, and it is important to remember the varying states of dilapidation for both school systems, as well as the safety concerns with the Orange County Schools. She said there is some breathing room, that allows them not to rush on the capacity piece, but these other issues still exist. Commissioner Burroughs said one inconsistency she saw was regarding the recommendations for shovel ready projects when the bond passes. She referred to page 96 and noted that the CHCCS projects lists work starting in the second year, concurrent with the bond. She said she understands the political discussion of starting this before the referendum, but she also knows that the needs are there, and she would be comfortable explaining why work needs to start. Commissioner Jacobs asked that a copy of the CIP be put in the libraries too. Commissioner Price asked about the study related to the sewer construction at Rogers Road. Bonnie Hammersley said this is referring to the schematic design of the system. Commissioner Price asked if Bonnie Hammersley can give the Board advance notice of what sections will be looked at in the future work sessions. Bonnie Hammersley said yes. Commissioner Rich said she appreciated the overview. She likes reviewing projects one at a time and she asked staff to keep the Board updated with the capital projects' sheets. Chair McKee expressed his appreciation for the presentation tonight. He said he also appreciates the conversation about the difference between debt capacity and debt affordability, and he feels it is important to keep this in mind moving forward. He does not want to take a loan that will require a tax increase. b. Solid Waste Proqram Fee Options Recommendation — Solid Waste Advisory Group The Board received the presentation on Solid Waste Program Funding Options and the recommendation from the Solid Waste Advisory Group (SWAG), and asked questions as necessary of staff and the Board's two SWAG representatives in order to be prepared to discuss the issue with the towns on March 26tn Bonnie Hammersley said this report will be discussed at the AOG meeting on March 26th. She said this presentation was put together by all of the town and County staff in collaboration. Gayle Wilson presented the following PowerPoint slides: RECYCLING PROGRAM FUNDING OPTIONS PURPOSE • Provide an overview of recycling program funding options prior to Assembly of Governments meeting on March 26, 2015. — Finalizing selection of a funding option will be discussed at AOG meeting SWAG • SOLID WASTE ADVISORY GROUP (SWAG) — Board of County Commissioners created SWAG in June 2014. — Representatives: • Two members from each elected board of Carrboro, Chapel Hill, Hillsborough and Orange County • One member from UNC-Chapel Hill • One member from UNC Healthcare SWAG • SWAG began meeting on August 25, 2014 to develop an Interlocal Agreement for recycling and solid waste services currently provided by Orange County. • Curbside, Multifamily and Commercial Recycling • 24 Hour Recycling Drop-off Centers • Staffed Convenience Centers • C&D Landfill and Vegetative Debris Mulching Facility • Commercial Food Waste Collections • HHW, Electronics, White Goods, Tires, Scrap Metal, Clean Wood and Mattress Recycling SWAG • SWAG discussions have included: • Funding options for recycling program • Interlocal Agreement • Partnership Opportunities with UNC-CH and UNC Healthcare • Future role of SWAG SWAG (Pie Chart) • Two recycling program funding options are being proposed by the SWAG for consideration by all elected boards. - Option 1 - $94 Municipal Program fee/ $118 Rural Program fee - Option 2 - $103 County-Wide SW Program UNIVERSAL ELEMENTS • All developed properties including tax-exempt properties pay a fee. • Undeveloped properties do not pay a fee. • The fee structure is stable and predictable. • Some property owners may consider the proposed fee rates a significant increase because no fee for rural or urban curbside service or multi-family service has been assessed for the past two years. • Both options include the phased expansion of rural curbside collection service to all remaining �7,000 rural residential units, increasing the recycling and waste reduction rate. • All options assume the current use of fees to fund approximately 35% of Solid Waste Convenience Centers (SWCC) costs, and assumes approximately $1.85 million in General Fund contributions to fund the remaining costs. • Funding option proposals are based on FY 2014-15 budget revenue requirements. For FY 2015-16, minor fee adjustments may be implemented to align with the actual FY 2015-16 budget revenue requirements. • Failure of elected boards to approve a funding mechanism may lead to suspension of services or further debiting of the solid waste landfill closure and post-closure reserves account. • Orange County will continue to provide financial assistance for qualifying low- income residents who are unable to pay for solid waste program fees. In 2014, approximately 700 parcels were provided assistance through the County's 3-R Fee Financial Assistance program. OPTION #1 • KEY FACTORS — Simplified fee structure: 2 Fees — Easy to administer, manage & explain — Incremental rural fee increase over phased expansion of rural curbside service — Single family, multi-family, and developed non-residential property owners in the rural sector pay $24 more than property owners in the urban sector. OPTION #2 • KEY FACTORS — Simplified fee structure: 1 Fee — Easy to administer, manage, and explain — Incremental fee increase over phased expansion of rural curbside service — All developed properties pay the same amount, although eligibility for services may vary between jurisdictions and sectors. — This option presents a new funding paradigm and new way of viewing solid waste program funding by offering a singular fee. This holistic approach to funding eliminates any division between rural and urban boundaries, creating a truly integrated and comprehensive approach to program funding county-wide. NEXT STEPS • Assembly of Governments meeting on March 26, 2015 — Selection of funding option • Approval of funding option by each elected board to authorize County to charge fee — Approval needed before end of April • Finalize Comprehensive Interlocal Agreement by January 1, 2016 Commissioner Rich said the group came a long way from where things were at the beginning. She said everyone did a good job of coming to consensus on these two options. PUBLIC COMMENT: Bonnie Hauser said she was pleased to hear about the flat fee, but she was not pleased to hear that curbside recycling is expanding throughout the County where most families cannot use it, or that fees will be increasing every year when her taxes are subsidizing the fee. She said equity is equity, and she is prepared to do her part. She said the single fee is a large increase for the rural households that do not get curbside recycling, and it is a large increase for multi-family households. She referenced a spreadsheet to show how fees have increased over the years. She said the fees for rural residents have gone up by $50 since 2010 and by $15 and $30 for town residents. She said the increases are due mostly to the convenience center fees, which were introduced in 2011 at the same time that service levels were cut. She noted that most of the rural centers are still on a reduced schedule. She said the increase for rural residents is nearly 2 points on the tax rate, and it is 1 point for town residents, but there is no improvement in services. She said now there will be more unwanted services and more rate increases. She said she would rather see her tax increases or fees used for schools, public safety or affordability instead of services that she will not use. She supports an equitable flat fee, and she would like this to come with a commitment from the Board to limit future increases and begin a process to reign in the cost of the solid waste department and eliminate the subsidy from the general fund. Commissioner porosin referred to the splitting of rural and non-rural services, and he asked if the definition of municipal, anyone who lives inside the city limits. Gayle Wilson said the corporate limits are the dividing lines. Commissioner porosin asked if these two fees generate the same amount of money. Gayle Wilson said yes. He said the revenue requirement is $6,208,000. Commissioner porosin asked how much of a tax hit this would be if it were paid for out of taxes. Paul Laughton said this would be about 4 cents. Commissioner porosin asked how the 700 parcels with subsidies are identified. Gayle Wilson said the tax administration office handles this and there is income criteria required in order to qualify. He said if the resident qualifies, then these fees are paid for them. Commissioner porosin said this seems like a low number of residents who qualify, and he wonders how effective this system is in identifying these households. Gayle Wilson said these are property owners not renters. Commissioner porosin said even under fee structure, there is a base amount of tax money that subsidizes the program. Gayle Wilson said that is correct. Commissioner Price said there are people on fixed incomes who are property owners. She said going from no fee to $103 is a big jump for these people. She asked if this amount will increase with a new proposal. She also asked for justification for the unequal rate between rural and non-rural residents. Gayle Wilson said the urban solid waste program fee includes the cost for weekly curbside recycling program and all but one of the multi-family facilities. He said the rural component includes the rural recycling program and solid waste convenience center (SWCC) fees. He said one-third of the SWCC costs are covered in the urban portion, and the rural portion covers the remaining two-thirds. He said all of the rest of the services are split evenly. Gayle Wilson said the rural fee is higher because there are fewer residents to divide the fee. Gayle Wilson said the unincorporated areas are not going from nothing to $103. He said these residents are actually going from $87 to $103. Commissioner Price asked if it is possible to lower the fee below $100 in order to smooth the transition. Gayle Wilson said this could be done if the services and programs are reduced, or if the general fund takes on a greater share of the cost. Commissioner Price asked about the part of Mebane that is in Orange County. Gayle Wilson said this area is served by the Town of Mebane. Commissioner Price asked if expansion means that every household will be served. Gayle Wilson said the services will have to be made available to everyone if you are going to levy the same fee. Commissioner Pelissier said many rural residents live on roads that trucks may have trouble accessing. Gayle Wilson said the department has dealt with a wide variety of service access challenges. He said if an owner allows it, drivers will even go down private drives. Gayle Wilson said staff will continue to provide surveys through all phases of implementation, and those who want the carts will be able to use them. He said since the initial survey there have been 550 additional people requesting carts. He said staff will provide the quality and point of service that is best for the resident to the extent that it can be provided. Commissioner Pelissier said people could choose curbside pickup, convenience center, or both. Gayle Wilson said the Board had requested that residents be allowed to keep their bins, and this is being done as part of the surveys. Commissioner Jacobs said one of the things that was articulated was that they were balancing competing equities. He said one of these competing equities is that it costs more to go to every house in the County, but if people are paying for a service, they deserve to get it. He said, in using the general fund, property tax is based more on the worth of the property, and that is balanced into this equation with the mixture of general fund and straight fee. Commissioner Rich the reason the group brought these two options to the Board is to find out from them which option they favored heading into the March 26th Assembly of Governments (AOG) meeting. Commissioner Burroughs said there are merits to both options. She likes the description of equity discussed by Chair Jacobs. She said her interest is to find a solution that does not take money out of the reserves next year. She asked Gayle Wilson about the Carrboro meeting. Gayle Wilson said Carrboro favored option two. Commissioner porosin asked for clarification on the amounts coming from the general fund. Gayle Wilson confirmed that $1.85 million is coming from the general fund, and $6.2 million is coming from fees. Commissioner porosin said this indicates that the total cost is about $8 million for these services. He said he would favor the flat fee for everyone, but he is also in favor of adjusting the balancing structure to have more money come from the general fund. Commissioner Pelissier said she would favor option two. She said there is another consideration regarding balancing equity. She said with money coming from the general fund, individuals who own undeveloped property are actually paying for this service. She said even if costs are more per household in the rural area, it balances out the fact that the general fund is taxing undeveloped properties, which exist more in the rural areas. Chair McKee asked if there is a three year build-out proposed for areas not currently being served. Gayle Wilson said yes. Chair McKee said these people will be paying from the start, despite receiving service in a staggered fashion. Gayle Wilson said yes. He said this allows time to figure out routing and acquire equipment. Chair McKee said there are 700 exempted properties, and he asked if staff has any idea how many properties in northern and western rural area are expected to receive assistance. Gayle Wilson said these residents are already paying convenience center fees and basic recycling fee, so some of these are likely already included in the 700. Chair McKee said he expects there are more elderly and limited income properties in these areas, and he suspects the number of those needing assistance will increase. Gayle Wilson said information will go out with the tax bill announcing the availability of assistance. Chair McKee said it is important to publicize the availability of this financial assistance option. Chair McKee said the convenience centers are available to everyone in the County, regardless of use percentage. Chair McKee said he strongly favored option two. Commissioner Price asked about the hours for the Bradshaw Quarry Convenience Center. She asked if it is possible to give expanded hours, given that many of these folks will pay increased fees for service that will be introduced in staggered fashion. Commissioner Jacobs noted this could be discussed for three of the rural convenience centers. Commissioner Jacobs referred to the equity issue, and he said the Chapel Hill officials have pointed out that Chapel Hill provides half of the County's property tax revenue, so it is an issue for them if a higher percentage of fees are supplemented by the property tax. Commissioner Jacobs said he thought the County cut out notices with the tax bill years ago. He said he would like to include these tax inserts again. Commissioner Burroughs said she could go with the consensus of option two. Chair McKee noted that there seems to be a Board consensus in favor of option two. Commissioner Rich said both Carrboro and Hillsborough were in favor of option two. Commissioner McKee expressed his appreciation to the group for their work, and he said it is great to have UNC participate in the conversation. 9. County Manaqer's Report Bonnie Hammersley reviewed the items for the work session on March 19th below: Proiected March 19, 2015 Work Session Items BOCC External Advisory Board Appointees County Commissioners: Boards and Commissions —Annual Work Plans/Reports Orange County Bus and Rail Investment Plan Annual Report and Update 10. County Attorney's Report NONE 11. Appointments a. Affordable Housinq Advisory Board —Appointment The Board considered making an appointment to the Affordable Housing Advisory Board. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to appoint the following to the Affordable Housing Advisory Board: •Arthur Sprinczeles to a second full term (Position #14) "At-Large" expiring 06/30/2017. • Ellie Kinnard to a first full term (Position #2) "At-Large" position expiring 09/30/2017. • Brian Finch to a partial term (Position #9) "At-Large" position expiring 06/30/2015. •Vivian Herndon-Latta to a partial term (Position #12) "At-Large" position expiring 06/30/2015. • Jason Obrien to a partial term (Position #13) "At-Large" position expiring 06/30/2016. • Daniel Bullock Position #15--- "At-Large" position expiring 09/30/2015. VOTE: UNANIMOUS b. Board of Equalization and Review—Appointments The Board considered making appointments to the Board of Equalization and Review. A motion was made by Commissioner porosin, seconded by Commissioner Price to appoint the following to the E&R Board, and to appoint Jennifer Marsh as Chair: 1. Vacant Regular Member 03/31/2016-Jennifer Marsh (CHAIR) 2. Vacant Regular Member 03/31/2016-Pam Davis 3. Vacant Regular Member 03/31/2016-Patricia Roberts 4. Vacant Alternate Member 03/31/2016-Margaret Brown 5. Vacant Alternate Member 03/31/2016-Barbara Levine 6. Vacant Alternate Member 03/31/2016-Reginald Morgan 7. Vacant Alternate Member 03/31/2016-Karen Morrissette 8. Vacant Alternate Member 03/31/2016-Blaine Schmidt 9. Vacant Alternate Member 03/31/2016 10. Vacant Alternate Member 03/31/2016 VOTE: UNANIMOUS c. Commission for the Environment—Appointment The Board considered making an appointment to the Commission for the Environment. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to appoint the following to the Commission for the Environment: • Lynne Gronback to a partial term (Position #14) At-Large with term expiring 12/31/2015. VOTE: UNANIMOUS d. Human Relations Commission —Appointment The Board considered making an appointment to the Human Relations Commission (HRC). A motion was made by Commissioner Jacobs, seconded by Commissioner porosin to appoint the following to the HRC: • Ms. Jamie Paulen to a first full term (Position #17) At-Large representative with a term ending on 06/30/2017. • Move Natalie Turner from Position #2 (Town of Hillsborough) to Position 11 (At Large) with the term ending 6/30/15. • Robin Criffield to a partial term (Position #6) "At-Large" position with the term expiring 09/30/2016. • Andy Cagle to a partial term (Position #2) "Town of Hillsborough" position with a term expiring 06/30/2015. • Erin O'Daniel to a partial term (Position #12) "At-Large" position with a term expiring 06/30/2016. • Scott Goldsmith to a partial term (Position #14) "At-Large" position with a term expiring 09/30/2015. VOTE: UNANIMOUS e. Oranqe County Planninq Board —Appointments The Board considered making appointments to the Orange County Planning Board. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to appoint the following to the Orange County Planning Board: • Mr. H.T. "Buddy" Hartley to a second full term (Position #2) Little River Township expiring 03/31/2018. • Tony Blake to a second full term (Position #4) Bingham Township with a term expiring 3/31/2018. • Ms. Andrea Rohrbacher to a second full term (Position #7) At-Large representative expiring 03/31/2018. VOTE: UNANIMOUS Commissioner Jacobs said he had asked for attendance records for these reappointments, and it looked like that most people had excused absences when they did not attend, and some had up to five or six a year. He expressed concerns about this. Commissioner Rich said she feels this is worth future discussion. f. Oranqe Unified Transportation Board —Appointments The Board will consider making appointments to the Orange Unified Transportation Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint the following to the Orange Unified Transportation Board: • Mr. John Rubin to a first full term (Position #9) Orange County Planning Advocate expiring 09/30/2017. VOTE: UNANIMOUS A motion was made by Commissioner porosin, seconded by Commissioner Jacobs to appoint the following to the Orange Unified Transportation Board: • David I. Laudicina to fill a partial term in the vacant Cheeks Township Position (#2), with an expiration date of 9/30/2016, which has been vacant for more than 6 months, in reference to their newly adopted amendment to the advisory board policy. Mr. Laudicina is not from Cheeks Township. He is from Bingham Township but since this position has been so difficult to fill, this proposal is to fill it with another applicant on the listing. VOTE: UNANIMOUS 12. Board Comments NONE 13. Information Items • March 3, 2015 BOCC Meeting Follow-up Actions List • Memo Regarding Ambulance Idle Reduction Project and Memorandum of Understanding with Stealth Power LLC and the NC Clean Energy Technology Center • Memo Regarding Solid Waste Convenience Center Survey • Memo Regarding Free-Roaming Cat Task Force Recommendation • BOCC Chair Letter Regarding Petitions from March 3, 2015 Regular Meeting 14. Closed Session A motion was made by Commissioner Price, seconded by Commissioner Rich to go into closed session at 10:38 p.m. for the purposes below: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Approval of Closed Session Minutes RECONVENE INTO REGULAR SESSION A motion was made by Commissioner porosin, seconded by Commissioner Price to go into regular session at 11:35pm. VOTE: UNANIMOUS Southern Library Discussion Commissioner Price left at 11:35 p.m. Discussion ensued about proposed decision points in reference to the Southern Library discussions moving forward: • The Board agreed by consensus to direct the County Manager to participate with the Carrboro Town Manager, Arts Center Executive Director, and the Kidzu Children's Museum Executive Director on developing a timeline and exploring financing options to create a cultural arts area that would include the Southern Branch Library. • The Board agreed by consensus for the reference document "proposed path to new proposal" to be amended to read: Engaging in this process does not constitute a commitment from the Town or County to participate financially in any development project. • The Board agreed by consensus to centralize the information flow, with the main point of contact being the County Manager, for the public and media on Southern Branch Library matters. 15. Adiournment A motion was made by Commissioner Burroughs, seconded by Commissioner porosin to adjourn the meeting at 11:45 p.m. VOTE: UNANIMOUS Earl McKee, Chair Donna Baker, Clerk to the Board