Loading...
HomeMy WebLinkAboutMinutes 04-07-2015 APPROVED 5/19/2015 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING April 7, 2015 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 7, 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, 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 7:03 p.m. He offered congratulations to the NCAA Men's basketball champions, the Duke University Blue Devils. He noted the following items at the Commissioners' places: - PowerPoint slides for item 5-a-Proposed Efland Zoning Overlay Districts (Comprehensive Plan, Unified Development Ordinance (UDO), and Zoning Atlas Amendments) PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Aqenda Roger Leguillow spoke on behalf of food truck and trailer operations in Orange County. He said he and his wife are licensed and inspected with the Orange County Health Department. He said that they operate out of the commissary provided in Orange County, the Piedmont Food and Agriculture Program. He and his wife would like to provide services in the complex across from the Home Depot on Highway 86 in Hillsborough. He said he was surprised to learn that food trucks are not allowed in Orange County. He said he understood the potential traffic hazard of food trucks operating on the streets. He did write a letter for modifications to the policy for the operation of food trucks in commercial areas. He said operating in commercial areas would allow for more control, space for parking, and the ability to be a part of an already existing retail landscape. He said food trucks are a popular commodity, and he is grateful for the Board's consideration of his request. Chair McKee said the issue will be taken through normal petition procedures of the Board to determine a possible revision and to determine the geographic jurisdiction under which the question falls. Commissioner Rich said the Chapel Hill Town Council went through this same situation when she was a Council member. She said they worked for about 18 months to address the issue to allow food trucks to operate. She said they need to try to achieve the same outcome in Orange County. 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 he and Commissioner Price will be having a meeting on April 13th with a group that is planning a possible veteran's memorial in Orange County. He said the group will visit a possible site at the Southern Human Services Center. He said in preparation for this meeting, both he and Commissioner Price have met independently with Roger Waldon regarding this possible location. Commissioner Jacobs said he had two petitions. The first petition referenced a 1980's study conducted by the then Institute of Government. He said the study showed what each taxpayer in Orange County received for each tax dollar that was paid, and the conclusion showed each tax payer received more than $1 of services per tax dollar paid. He suggested for the Board of County Commissioners (BOCC) commission a study with the School of Government (SOG) to look at all of the services provided by Orange County. He further suggested that this study not only look at the spending of County tax dollars but also to coordinate the study with the Towns as they are interested in the informational outcome as well. He said perhaps the Towns could also contribute toward this study. He said such a study was long overdue and would not be a large undertaking to complete. Commissioner Jacobs said his second petition suggested looking at the Unified Development Ordinance (UDO) to determine where to place restrictions on airports in Orange County. He referenced past tension regarding the building of an airport in rural Orange County. He said this may now be a good time to revisit how to restrict the location of airports. Commissioner porosin petitioned the Board to look at the social justice fund and to consider a small grant from this fund to the Rogers Eubanks Neighborhood Association (RENA) for the operation of the Community Center. He said the Community Center has become so successful that the volunteers are unable to keep up with the demands of the community. He said he had visited it recently and there is tremendous community pressure to keep the center open longer hours. He said the building is such a core of the community, ranging from afterschool care to adults, and a food bank. He said Orange County paid for the construction of the Community Center and its utilities but did not provide any operational funding. He applauds RENA for taking on the operation of the center but acknowledges that it is stretched thin, and a small grant could make a great difference with staffing needs. Commissioner Rich asked if RENA applied for an outside agency grant. Bonnie Hammersley said she does not know at this point. Commissioner Rich stressed the importance of making sure RENA knows they are able to apply for this grant every year. Commissioner porosin said he was sure they would apply for the grant but he was thinking of making resources available to RENA before the end of the budget year. Commissioner Pelissier asked the County Manager to approach Cardinal Innovations during the budget year to learn and report back to the BOCC how they use the $1.3 million that Orange County gives them each year. She said she understands its use to be discretionary. She referenced recent discussions with various stakeholders citing the need for increased mental health services, pre and post jail services for families, as well as issues with access to treatment for undocumented immigrant children. She stated that knowing the current spending practices would be helpful if priorities needed to be adjusted and funds reallocated in the future. Commissioner Burroughs said she had no petitions. Commissioner Rich said in 2014 the Arts Commission came to the Visitor's Bureau to secure funding for a sculpture. She said the Board reportedly approved the sculpture in 2009 and it was intended to go in front of the Orange County library. She said that particular sculpture has grown in scope and was not placed in front of the library. She said the Board of the Visitor's Bureau agreed to fund half of the original price, which was around $8000. She said the BOCC does not currently have a policy for funding art and placement in Orange County. She said that the Visitor's Bureau asked her to petition the BOCC to set up a committee to address the issue. She said the committee would contain a County Commissioner, likely herself, but it does not have to be, Laurie Paolicelli, the Director of the Visitor's Bureau, Steve Brantley and an additional member from both the Visitor's Bureau and the Arts Commission. Commissioner Rich said she petitioned at the last Assembly of Governments (AOG) meeting regarding the possibility of moving the Visitor's Bureau into the Inter-Faith Council (IFC) shelter once it is vacated by its current tenants. She said it was suggested that Jaime Rohe come and speak on how Orange County can appropriately address homelessness. She said that she would like to forward the discussion on this issue in order to be adequately prepared within anticipated time frames. Commissioner Pelissier referenced current best practices to serve the homeless population and how they are different from what is currently done in the area. She said at the last meeting of the Partnership to End Homelessness they voted to amend their process of addressing this issue. She suggested adding the topic to a future work session including a full presentation so that the BOCC can be better informed. Commissioner Jacobs responded to Commissioner Rich's first petition. He said after the 2001 Bond, the Board of County Commissioners did discuss a policy of allocating a penny of every dollar spent on new buildings towards art. He said the matter was not agreed upon. He said art has been installed but there is no policy. He emphasized the importance of art and having a financial commitment to it. Commissioner Price said she is pleased with the reception from Chapel Hill regarding Orange County's involvement in the veteran's memorial. Commissioner Price said she would like an update regarding the policy of naming buildings and spaces after individuals. She referenced the community request to rename the Central Orange Senior Center, or a space there within, to honor past Department on Aging Director Jerry Passmore. Commissioner Price petitioned the Board of County Commissioners to endorse My Brother's Keeper Community Challenge, thus making it a County initiative and allowing an account to be established to accept contributions from the community in support of My Brother's Keeper events. She referenced support from other local governments and asked the BOCC to endorse it so that forward progress can be made regarding upcoming youth events. Chair McKee said all petitions would be referred through the standard procedures. He said that they would try to address Commissioner Price's petition regarding My Brother's Keeper as quickly as possible. Commissioner Price suggested the possibility of a vote on the petition at an upcoming work session. Chair McKee said it was standard procedure not to vote at work sessions. He said he was confident that established procedures could be followed and the matter may still be voted on in a timely fashion. Commissioner Jacobs said he would be comfortable adding this to the work session on April 9th. He said this has been done in the past when waiting two weeks for a regular meeting was undesirable. Chair McKee said he would prefer to stay within their current policy. Commissioner Rich asked what decision is needed in order to endorse My Brother's Keeper Community Challenge. Chair McKee said that is what would need to be discussed. Commissioner Price said when she first brought up the issue in January, she thought the Board of County Commissioners' support of the issue was synonymous with endorsement. She said she now understands that to be incorrect. She said she understands that if it becomes a County initiative then she can move forward to promote the event and get outside funding. She said she is not asking for staff assistance outside of a press release. Chair McKee said he would have a response on Thursday. Commissioner porosin cautioned following procedure at the expense of the overall goal. He said the BOCC has already voted in favor of the project philosophically and that the project is not asking for any funding; therefore it seems unnecessary to wait two weeks to allow this project to move forward. John Roberts said there is not a problem voting at work sessions other than it goes against the Board's policy. He said this could be rectified by making a motion to set the policy aside and proceeding with the item at hand. 4. Proclamations/ Resolutions/ Special Presentations a.) Alcoholic Beveraqe Control (ABC) Board Update Presentation The Board received a brief presentation from Tony DuBois, General Manager of the Orange County Alcoholic Beverage Control (ABC) Board and Lisa Stuckey, Chair of the ABC Board. ABC Board Chair Lisa Stuckey thanked the BOCC for allowing her to come and share the ABC annual report. Tony Dubois said the Orange County ABC Board is a political subdivision of the State of North Carolina. He said there is a Board of Directors appointed by the County Commissioners. He said that several Commissioners have served as the ABC Board liaison, with Mia Burroughs currently serving in that position. He said it is very helpful to have a Commissioner involved as it provides insight and guidance and leads to a strong relationship between the ABC Board and the County. He said there is another Board appointment at the end of June. Tony Dubois expressed thanks to the BOCC for their sincere support of the ABC mission: to provide for the County responsibly by controlling the sale of spirituous liquor, returning profits to law enforcement, alcohol education and the County fund while providing excellent service in customer friendly, modern and efficient stores. He said all members of the ABC Board go through ethics and responsibility training, as required by the state. He said ethical standards are taken very seriously. He said the new office and warehouse have been occupied for the past eighteen months, and the old offices were sold with relative ease which was most helpful. He said the old offices had been in use since 1959 and that the new facility is working very well. He said that a new ABC store location is under construction in Chapel Hill, and is likely to open in July 2015. He said this project has been delayed due to poor weather and unexpected rock in the soil discovered upon digging. Tony Dubois indicated that the Commissioners were in possession of the annual report from the State ABC Commission. He said it shows that Orange County consistently ranks in the top ten in revenue within the state. He said the State saw a 4.8 percent rise in revenue while Orange County saw a 5.4 percent during the same period. He said the State also saw a 4.1 percent rise in profitability while Orange County had a 9.1 percent rise. He said this is mostly due to the new larger warehouse. He said larger quantities of items can be purchased when on sale and stored at the warehouse. He said there has been great focus on maintaining balance between control, revenue and service. He said that there are strong partnerships between the ABC Board, the police departments and community organizations emphasizing responsible service to the community. He said a letter was attached to the annual report that reconfirmed commitment to the current financial obligations within the County. He read those obligations: Alcohol Law Enforcement Amount UNC Police Department $ 2,000 Hillsborough Police Department $ 6,000 Carrboro Police Department $ 16,000 Chapel Hill Police Department $ 20,000 Orange County Sheriff's Department $ 86,000 Total Alcohol Law Enforcement $130,000 Alcohol Education and Rehabilitation Grants Orange County EMS $ 750 Lutheran Services $ 3,000 Mental Health Orange Co Teen Partnership $ 5,000 EI Centro Hispano $ 10,000 Carpe Diem $ 12,000 Orange County Drug Court $ 20,000 EI Futuro $ 22,000 Orange County Schools $ 38,500 Chapel Hill-Carrboro City Schools $ 45,300 Total Alcohol Education and Rehabilitation $156,550 Tony Dubois indicated that all the amounts are at least double the amount of the statutory requirements within the State of North Carolina. He indicated that expenses have been higher this year due to the building of a new store, in addition to the extra monies that are given to law enforcement and the Alcohol Education and Rehabilitation Grants. He said despite these higher expenses, the amount given to the County's General Fund remains strong and is also higher than the state's statutory requirement. He said future improvements should continue to provide funds for the County, local law enforcement and local non-profit organizations for years to come. He said an important Board goal this year is the living wage. He said it will be included in the wage structure and pay scale. Chair McKee said not only does the ABC Board's financial contributions go above state requirements but that they continue to increase from year to year. Commissioner Rich asked if the living wage was going to be adopted across the state or only in certain counties. Tony Dubois said the living wage was just adopted as a goal, and specifics are yet to be determined. Commissioner Rich said she is thrilled to see it being adopted here, and she encouraged the Orange County ABC Board to share their living wage initiative with other ABC Boards throughout the state. Commissioner porosin said when he served as liaison to the ABC Board that he raised a question about the $400,000 that has been returned to the general fund for the past several years. He said it seemed unclear how this number was chosen. He said he recalled that there was no known formula for this amount. He said that the Board of County Commissioners should make a determination as to whether they want to use a formula; and in addition, that the amount contributed back to the county should be increased due to the increase in revenue. He said the State does restrict how much money the ABC Board is allowed to keep and any remaining funds must go back to the County or to grant programs. He suggested that they request that the revenue fund be increased this year and that they find some type of formula to determine the contribution. Lisa Stuckey said the ABC Board has the goal this year of determining whether a formula to determine contribution can be created. She also indicated that the living wage would have a large impact on their budget as it will push up from the bottom through the various tiers of pay that all their employees receive. She said in turn that could then affect the funding available to give back to the County. She said as these issues are discussed in the next four to six months, there will be more information available to bring back to the BOCC. Commissioner Burroughs said the living wage is the higher priority for them now. Lisa Stuckey confirmed that focusing first on the living wage seemed to be the appropriate way to proceed. Chair McKee said he understood Commissioner porosin's comments as requesting the opening of a dialogue. Commissioner porosin said his intent is a dialogue but also to push things forward a bit more quickly. He stated appreciation for the living wage and acknowledged that should its implementation lead to less funds coming back to the County, he would accept that. He said he does not want to spend a year working on a formula but would rather act more expeditiously. He said he felt four to six months was a reasonable window. He expressed appreciation that the ABC Board had made this a priority within its own goals. Commissioner Jacobs said he had not served on the ABC Board yet and asked how it is determined which community non-profits are funded. He also asked if there is any way to coordinate that with the entities that apply to the County for non-profit funding. Lisa Stuckey said there is an open process for grant applications. It is advertised to the public with grant applications being received by March 1 St. She said applications are evaluated thereafter and the allocations are made during the budget cycle. She indicated this process is not coordinated with any County or City funding. Commissioner Jacobs said this information about the ABC Board grants could be added to the County Outside Agency funding applications, as many people are unaware that they exist. Lisa Stuckey said further promotion of their grants was welcomed. a. Sexual Assault Awareness Month The Board considered approving a proclamation recognizing April 2015 as Sexual Assault Awareness Month in Orange County and authorizing the Chair to sign. Hathaway Pendergrass, Vice President of the Board of Directors of the Orange County Rape Crisis Center, read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS Proclamation "Sexual Assault Awareness Month" WHEREAS, the Orange County Rape Crisis Center assisted over 600 survivors of sexual violence, their loved ones, and community professionals during 2014; and WHEREAS, the Orange County Rape Crisis Center works with the County's two school systems and other groups to provide students with age-appropriate information about violence prevention, reaching over 14,800 youth and adults each year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is bringing together members of law enforcement, the medical community, the legal system, and other community advocates to improve services for survivors of sexual assault who come forward; and WHEREAS, 1 in 5 American women have been sexually assaulted at some point in their lives (Centers for Disease Control and Prevention, 2010); and WHEREAS, in the United States rape is the most costly crime to its survivors, totaling $127 billion a year considering factors such as medical cost, lost earnings, pain, suffering, and lost quality of life (U.S. Department of Justice, 1996); and WHEREAS, in the United States 1 in 3 women and 1 in 4 men have experienced some form of sexual or physical violence committed by an intimate partner (Centers for Disease Control and Prevention, 2010); and WHEREAS, there are more than 15,000 sex offenders registered as living in North Carolina (Department of Justice, 2014); and WHEREAS, victim-blaming continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, a non-profit agency that has served this community since 1974, is working to stop sexual violence and its impact through support, education, and advocacy; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby proclaim the month of April 2015 as "SEXUAL ASSAULT AWARENESS MONTH" and encourage all residents to speak out against sexual violence and to support their local community's efforts to prevent and respond to these appalling crimes. This, the 7T" day of April 2015. A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to approve the proclamation designating April as "Sexual Assault Awareness Month" in Orange County and to authorize the Chair to sign. VOTE: UNANIMOUS b. Fair Housinq Month The Board considered approving a proclamation designating April 2015 as Fair Housing Month in Orange County and authorizing the Chair to sign the proclamation. Doris Brunson, Human Relations Commission Chair, read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION FAIR HOUSING MONTH WHEREAS, April 2015 marks the 47th anniversary of the Fair Housing Act of 1968 and the 32nd anniversary of the North Carolina Fair Housing Act prohibiting discrimination in housing on the basis of race, color, sex, religion, national origin, handicap and familial status; and WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil Rights Ordinance on June 6, 1994, which affords to the residents of Orange County the protections guaranteed by Title VIII and additionally encompasses the protected classes of veteran status and age; and WHEREAS, Orange County and the United States Department of Housing and Urban Development as well as concerned residents and the housing industry are working to make fair housing opportunities possible for everyone by encouraging others to abide by the letter and the spirit of fair housing laws; and WHEREAS, despite of the protection afforded by the Orange County Civil Rights Ordinance and Title VIII as amended, illegal housing discrimination still occurs in our nation and in our County; and WHEREAS, by supporting and promoting fair housing and equal opportunity, we are contributing to the health of our County, State and Nation. NOW, THEREFORE, we, the Board of County Commissioners of Orange County North Carolina, do proclaim April 2015 as FAIR HOUSING MONTH and commend this observance to all Orange County residents. This, the 7th day of April 2015. A motion was made by Commissioner Price, seconded by Commissioner Pelissier for the Board to approve the proclamation and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS Commissioner Price said she is very pleased to see the progress made by the Human Relations Commission over the years. c. Public Safety Telecommunicators Week The Board considered approving a proclamation recognizing the week of April 12 through 18, 2015 as Public Safety Telecommunicators Week in Orange County and authorizing the Chair to sign. Dinah Jeffries read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC SAFETY TELECOMMUNICATORS WEEK April 12-18, 2015 A PROCLAMATION WHEREAS, The Orange County 9-1-1 Center serves the residents, workers and visitors in Orange County by answering emergency calls for law enforcement, fire, emergency medical services, and other requests for service and efficiently dispatch the most appropriate assistance for those calls; and WHEREAS, Our Telecommunicators are the "first" first responders that provide assistance to those residents, workers and visitors; and WHEREAS, The critical functions performed by our professional Telecommunicators support many aspects of government services, including: Town Public Works, Public Transit, Protective Services, Animal Services, and other operations; and WHEREAS, Our professional Telecommunicators continuously work to improve Orange County's emergency response capabilities through their leadership and participation in training programs provided by the Association of Public Safety Communications Officials (APCO) and the National Emergency Number Association (NENA); and WHEREAS, Our professional Telecommunicators serve the public and emergency responders in countless ways, often without due recognition by the beneficiaries of their services; NOW, THEREFORE, we, the Orange County Board of County Commissioners, do hereby proclaim the week of April 12-18, 2015 as "Public Safety Telecommunicators Week" in Orange County, North Carolina in honor and recognition of our Telecommunicators and the vital contributions they make to the safety and well-being of our residents, workers, visitors, and public safety partners. This, the 7th day of April 2015. Chair McKee acknowledged the invaluable work of the Public Safety telecommunicators. A motion was made by Commissioner Price, seconded by Commissioner Rich for the Board to adopt the Proclamation and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS d. Update Report: 2017 Countywide Revaluation of Real Property The Board considered discussing the project plan, current market trends and statistics, current economic indicators, and potential impacts as they relate to the 2017 countywide revaluation. Dwane Brinson, Orange County Tax Administrator, gave the Board an update on the 2017 countywide revaluation of real property. North Carolina state law, G.S. 105-286(a), mandates that counties conduct a countywide revaluation at least once every eight years. Orange County last conducted a countywide revaluation effective for January 1, 2009 and current tax assessments reflect market value as of that appraisal date. Therefore, Orange County is required to complete its next revaluation no later than January 1, 2017. This memorandum is an effort to explain current market conditions and provide an update of the 2017 countywide revaluation. The Orange County Tax Administrator's Office conducted property tax revaluations in 2005 and 2009. Current tax assessments still reflect market value as of January 1, 2009. With a four-year revaluation cycle, the next revaluation would have occurred in 2013. However, at its May 15, 2012 regular meeting, the Board of County Commissioners (BOCC) received a presentation from the Tax Administrator recommending postponing the 2013 revaluation to 2015. The BOCC subsequently approved a resolution (Attachment 2) to accept this recommendation and delay the revaluation to 2015. Similarly, at its May 7, 2013 regular meeting, the BOCC received a presentation from the Tax Administrator recommending further postponing the next countywide revaluation until 2017. The BOCC approved a resolution to delay the revaluation to 2017 (Attachment 3). Dwane Brinson referred to his memo in the agenda abstract and reviewed information on the sales analysis and the revaluation process. He said it is planned for all Orange County properties to be evaluated between April 2014 and January 2016. He said that this goal may be unmet, but thus far they have been fortunate to find many property owners at home when the evaluations have been conducted, allowing for discussion about the property. He said that when each property is visited, an orange postcard is left for the property owner to complete and mail back in hard copy or complete electronically. He said this postcard solicits information about the home: number of bedrooms, number of baths, square footage, etc. He said property owners have been sending these postcards in to the office, and it allows for current County records to be double checked for accuracy. He said in January 2016 each real property owner in the County will receive the annual listing form as they do every year. He said in addition to that form there will also be a summary description of the property based on County records. He said this separate insert is an additional attempt to communicate with property owners, solicit feedback or corrections and insure accuracy in the records. He said between January and June 2016, the revaluation process continues with field reviews of the sales used in the models, reviewing grades and depreciations and then the schedule of values process. He said the public hearing in the adoption of the Schedule of Values which was scheduled for July/August 2016, will need to be delayed to begin in September and October 2016. He said it is expected that in January 2017, new value change notices will be sent to all property owners in Orange County. He said that January through March of 2017 will allow for informal appeals, followed by the Board of Equalization and Review hearings in April through June 2017. Dwane Brinson reviewed the collaboration process with the community as they move through the revaluation process. He stressed the value of involving the community. He said the methods to involve the community include: 1. Presentations to Chambers of Commerce, Friends of Downtown Chapel Hill, BOCC, etc. 2. Press releases through Orange County Public Affairs 3. Sales bank will be posted on the tax office website 4. Summary descriptions will be mailed with 2016 tax listing forms 5. Revaluation education videos on YouTube 6. Frequently asked questions brochure He also indicated that they will give clear instruction on how to file an appeal should a property owner need to do so. He also reviewed their revaluation goals, listed below: 1. Update 2009 real property tax assessments to reflect market value as of January 1, 2017 a. Ensure accuracy of records through field visits, questionnaires, etc. b. Build community support through collaboration and education 2. Capture building use data, i.e. commercial, residential, industrial and their subcategories a. Will allow tax office to better assist Economic Development and Chambers of Commerce with studies and analyses 3. Review exempt properties in Orange County a. Currently approximately $7 billion of exempt property in Orange County b. Important for Asset Management Services, Risk Management and the State's annually-required AV-50 report Dwane Brinson said when errors are found in the field, they are corrected in the current year, rather than waiting until 2017. Commissioner Pelissier asked the procedure for notifying property owners when an error is found. Dwane Brinson said many errors are being uncovered when the property owner returns the postcard. Additionally, some residents themselves report an error during a field visit to the property. Commissioner Rich asked about the Pictometry Sketch Check. Dwane Brinson said this is new technology about which he has only seen a presentation. He said it takes the Orange County assessment data and overlays it with the current aerial photos. He said when the assessment data and the aerial photos do not match up, a red outline will appear indicating the discrepancy. He reported that it will not be used for this revaluation. He added it is a great resource to allow for a more strategic approach to the revaluation process. Commissioner porosin said this revaluation is a critical test on how effectively residents are communicated with regarding this process. He said the additional information included in the 2016 annual listing mailing should be clearly indicated on the outside of the envelope or in some other obvious way that conveys that this tax bill is different. He said this will help prompt people to look at the mailing more thoroughly. He encouraged a grassroots effort to get the information out to residents directly at public venues such as community events, churches, arts and cultural gatherings, as opposed to just venues like the Chamber of Commerce. Commissioner porosin asked if additional staffing had been approved for this process. Dwane Brinson said yes. He said the BOCC funded two additional appraisers in 2013 and -these staff had been hired and are working currently. Commissioner porosin asked for clarification regarding the sales bank. Dwane Brinson indicated the sales bank is not new. He said t sales have been posted annually to the website in previous years. He said during revaluation any sales used to develop models will be posted. He added this could include sales over 18 to 24 months. He said the sales bank will include a great deal of information that property owners can use to look at their own property as well as others within their neighborhoods for comparison. He said the goal is transparency and helping the public to be as informed as possible to avoid error. He stated he had spoken at churches in the past in other locations and found it to be very helpful. Commissioner Price asked how the revaluation will affect those who qualify for the Homestead Exemption tax. Dwane Brinson said there is no reapplication for the Homestead Exemption tax. 5. Public Hearings a. Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendments and Zoninq Atlas Amendments to Establish Two New Zoninq Overlay Districts in the Efland Area (No Additional Comments Accepted) The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on Planning Director initiated amendments to the Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas to establish two new zoning overlay districts in the Efland area. The primary purpose of the overlay districts is to provide for a more village and urban style of development in an area of the county served, or intended to be served, by public water and sewer systems. Chair McKee said two people signed up to speak about this item. He asked John Roberts for clarification as the abstract indicated further comment was not to be accepted. John Roberts said the UDO is written so that no more oral comments are allowed at this stage of the public hearing. He added that the ordinance language indicates that the only reason for the public hearing process is to receive the Planning Board comments and any written comments submitted to the Planning Board. He clarified acceptance of an individual's comments at this portion of the hearing could lead to the overturning of the entire process. Chair McKee indicated due to these regulations, the two citizens signed up to speak would not be allowed to do so. He indicated the presentation would be made by Perdita Holtz. Perdita Holtz reviewed the following PowerPoint presentation: Proposed Efland Zoninq Overlay Districts (Comprehensive Plan, UDO, and Zoninq Atlas Amendments) Zoninq Atlas Amendment • Map of proposed Zoning Overlay Districts Recent History • Heard at February 2014 quarterly public hearing • Public information meeting held April 7, 2014 Group of residents contacted staff after meetinq and asked to meet to discuss the proposed standards for overlay districts - Staff inet with residents eight times from August 2014 through January 2015 - Group suggested changes to proposed standards • Public information meeting held February 23, 2015 Resident Group Suqqestions • Suggestions (attachment 6) can be categorized into three broad categories: - Allow more flexibility in enforcing the standard - Clarify the intent of the standard by modifying the language - Remove some standards • Modification to the adopted Access Management Plan - Will be scheduled later this year Efland-Mebane Small Area Plan Implementation Focus Group and Planninq Board Review • February 2, 2015 — Implementation Focus Group voted unanimously to recommend approval of the proposed amendments • March 4, 2015 — Planning Board voted unanimously to recommend approval of the proposed amendments Attorney's Office Direction • Received direction in late March to modify some proposed language. • Color coded in orange text in the amendment package (Attachment 3) - Does not substantially change the amendments Recommendation for Toniqht • Receive the Planning Board's recommendation • Close the public hearing • Deliberate as desired • Decide accordingly - Adopt the Statement of Consistency in Attachment 2 - Adopt Ordinance in Attachment 3 Commissioner Jacobs asked if the intention was to make the language more clear. Perdita Holtz said the feedback received from some of the resident groups recommended clarified language. Commissioner Jacob asked if the language is thought to be clearer than it was or if it was the group's attempt to make it clearer. Perdita Holtz said she is confident the language can be interpreted in the way it was intended. Commissioner Jacobs asked if the intention will be that of the resident's group or that of the original committee that met for several years to create the original language. Perdita Holtz said some of the Small Area Plan recommendations are not part of the proposal as they were recommended for exclusion by the group of residents. Commissioner Jacobs clarified he was not discussing the recommendations but rather clarity of language. He said some of the changes in language make the document very difficult to read. He gave the example of 6.6.3 c 1 as one that is very difficult to understand. Perdita Holtz said it was clear to her. Commissioner Price asked for clarification of item e.4 of page 34 regarding a "digital sign not being permitted except as an incidental addition to a permitted sign". Perdita Holtz said a primary sign cannot be a digital one in the Efland Overlay District. Commissioner Price clarified that a digital sign is permitted as long as it is not a primary one. She asked who determines the classification of a sign. Perdita Holtz said such details are determined during the sign permitting process by staff. Commissioner Price said the reason behind the restrictions seemed important to mention. She said if the restrictions are for safety then it should be stated as such followed by a description of the permitted use of digital signs. Perdita Holtz said the restrictions were not only for safety reasons but also for community character. Commissioner porosin asked about the intention of attachment 6, the Resident Group Input. He asked if it was to simply show where the community agreed or disagreed or rather changes that were made based on the community input. Perdita Holtz said any changes made as a result of the Resident Group Input were indicated in the right hand column of the chart. Commissioner porosin said the adopted changes are in the right hand column. Perdita Holtz said the changes in the right hand column are included in attachment 3, recommended for adoption consideration. A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to close the public hearing. VOTE: UNANIMOUS Commissioner Rich asked Commissioner Jacobs to clarify his concerns about the language from the first group being changed by the second group. Commissioner Jacobs said most of the changes proposed seemed acceptable. He said he had concern when the changed language does not affect current residents but rather shows support of chain franchises or by allowing developers to back away from requirements such as providing sidewalks. He stated respect for those who worked on the language but fears that softening the language from "shall" to "may" allows for requirements to be backed away from. He said restricting what is permissible by a franchise store is acceptable in order to maintain the type of environment that a community desires. He said the current conditions for children walking to school are subpar. He said expecting any new business to address that within their property is a reasonable expectation. Commissioner Rich said the question of sidewalks is very important to allow people and children to walk. She said as new pockets of development appear sidewalks are vital to allow for connection and walkability. She agreed that the language should be stronger than "may". Commissioner Jacobs referenced the Ashwick development in Efland. He said sidewalks or trails were required to be added within the development. He said the trails were not paved but allowed for people to walk without walking on the road itself. Commissioner Pelissier said she recalled a discussion about sidewalk maintenance and its funding. She recalled that it was determined that the County did not want to be responsible for such maintenance. She said pockets of development cannot be connected unless all the other property owners are required to install sidewalks. She recalled the issue of who would pay for such sidewalks being a point of impasse in previous discussion. Chair McKee said no part of the UDO is set in stone, and it can be continually fine- tuned as they go forward. He said he is opposed to sidewalks being required that do not interconnect. He reiterated Commissioner Pelissier's question of who would pay for the sidewalks and said he is not interested in Orange County doing so. A motion was made by Commissioner Jacobs, seconded by Commissioner porosin to amend the Corporate Franchise Architecture standards in section 6.6.4.f .1 to restore the original language (currently crossed out on the bottom of page 34) and delete the new language line (top of page 35). VOTE: Ayes, 6; Nays 1 (Chair McKee) A motion was made by Commissioner Pelissier, seconded by Commissioner Price to adopt the Statement of Consistency, contained within Attachment 2, and the Ordinance amending the Comprehensive Plan, UDO, and Zoning Atlas contained within Attachment 3, as recommended by the Planning Board and staff. VOTE: UNANIMOUS Commissioner porosin said he does believe sidewalks are vital, and he is interested in them. Commissioner Rich agreed with Commissioner porosin. She said it is shortsighted and a disservice to the community. Commissioner Jacobs agreed with Commissioner porosin and Commissioner Rich. He said in the future people, especially parents, may curse the BOCC for not addressing the issue of sidewalks. He said that current residents are not being burdened to make this requirement. He also said there may be legal way to address the problem. He does not feel the only option was for the County to address the problem. He said as there is a motion, and no friendly amendment, they would have to vote no but he recalled in the past that voting no meant the issue could not be considered for a year. Commissioner Price said she seconded the motion and therefore cannot make a friendly amendment to include the sidewalks. She asked if a friendly amendment could be made by someone else. Chair McKee said anyone can make a friendly amendment except those who made and seconded the motion. Commissioner Burroughs said sidewalks are a valuable asset. She said this is important for future conversation even if it cannot be addressed this evening. Commissioner Pelissier said she is not yet ready to decide about sidewalks without knowing more details. Craig Benedict, Orange County Planning Director, said the sidewalk issue had been discussed for years, and pedestrian connectivity is within the Department of Transportation (DOT) public right of ways. He said the DOT does not want sidewalks in the right of way. He said that putting sidewalks on private property is an option. He added when sidewalks are on private property, then someone else must maintain them. He said the ability to put sidewalks within transition areas in Chapel Hill and Carrboro, under Orange County jurisdiction prior to annexation, had been addressed. He said a municipality, through a multiparty agreement, could take responsibility for the sidewalk maintenance. He said there is not an easy solution. He said there are a lot of ideas. He said discussions with DOT are ongoing as there continue to be urban-like areas in County jurisdiction that are not easily annexable by municipalities. He said a solution that all parties can agree upon has yet to be determined. He agreed with Chair McKee that the UDO is not set in stone and the BOCC can review the issue again along with the DOT counterparts, if so desired. Commissioner Rich said as more urban like communities get approved, the sidewalk issue will be difficult to resolve if the precedence of"we're not in the sidewalk business" has been set. Craig Benedict said the current option is privately owned pedestrian pathways on private property for which the County and the DOT are not responsible. He said these pathways are mulch paths that allow for safe walking routes for pedestrians, especially children. He said it is unlikely that DOT will approve sidewalks being installed without a specific designate being named for maintenance. He said the financial implication of sidewalks is great. Commissioner Jacobs pointed out language in 6.6.4.a.8 that discusses "an internal pedestrian circulation system, owned and maintained by the property owner". He suggested, following approval, a motion be made asking staff to look at the existing language and return with recommendations to whether privately maintained pathways is a workable system. He said such an option would not involve DOT. Chair McKee agreed with this course of action. Commissioner Price said there is another county looking into sidewalks as well. She said it is a large issue that warrants a full discussion. Commissioner porosin asked if the public would be able to use such a pedestrian circulation system maintained by private owners or if the pathways would only be open to those living within the development. Perdita Holtz said it would apply to multi-family and commercial projects. She said that commercial projects are open to the public. She said public use of pathways that are internal to a multi family development would be at the discretion of the property owner. She said each issue would be handled on a case by case basis as site plans come in. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to reinstate the language for both the Efland interstate and Efland Village regarding pedestrian circulation systems and to direct staff to articulate why internal pedestrian circulation systems cannot be required. He said staff would be asked to return to the BOCC before the end of the calendar year with the opportunity to discuss the analysis and any recommendations. Chair McKee made a friendly amendment that directs staff not only to analyze why internal pedestrian circulations systems cannot be required but also to present any other alternatives to such a system. Commissioner Jacobs accepted the friendly amendment. Commissioner porosin asked Commissioner Jacobs if the motion is limited to these internal circulation systems or if there would be broader consideration of working with DOT or the County itself. Commissioner Jacobs said he wanted to focus on the particular issue in front of the BOCC tonight. He said he does not think this particular language involves the DOT and, if returned to its original format, can address and solve the issue. He added he does see merit in a larger conversation about sidewalks as a whole at another time. VOTE: UNANIMOUS b. Public Hearinq on the Financinq of Various Capital Investment Plan Proiects and Equipment, and the Refinancinq of Two 2006 Installment Financinq The Board conducted a public hearing on the issuance of approximately $16,270,000 to finance capital investment projects and equipment for the year; carry out refinancing of approximately $10,200,000 from two 2006 installment financing issuances; and considered approving a related resolution supporting the County's application to the Local Government Commission (LGC) for its approval of the financing arrangements. Paul Laughton said the first paragraph in their abstract referred to attachment 1 that contained preliminary information given to the Board on November 6, 2014 and included information about projects, equipment and vehicles. He pointed out two changes to the numbers included in attachment 2: 1.) an additional $800,000 was added to financing for the Information Technologies for the central permitting, 2.) the Eubanks Road Solid Waste Convenience Center (SWCC) has had an additional $450,000 added to its financing based on regulatory and permitting issues, structural changes, and moving of the weight station. He said financing arrangements are being studied closely at this time. He said it had been anticipated that final approval could be brought to the BOCC at the April 21 St 2015 meeting. He said a more realistic time frame is late May 2015. He said approval with the Local Government Commission (LGC) would hopefully happen in early June 2015 and closing around the middle of June 2015. Paul Laughton said a preliminary estimate of maximum debt service applicable to the capital investment projects and equipment financing would require the highest debt service payment of$1,765,240 falling in FY 2016-17. He said the tax rate equivalent for the estimated highest debt service payment is approximately 1.08 cents. However, a portion of this debt financing is related to projects where the debt service payments will be paid for from Sportsplex and Solid Waste Enterprise funds, as well as a Water and Sewer project to be paid from the Article 46 quarter-cent Sales Tax proceeds earmarked for economic development. He said the General Fund portion of this annual debt service is estimated at $1.1 million, or a tax rate equivalent of approximately 0.67 cents. He said based on current resources and the retirement of some existing debt, no adjustment to the tax rate associated with this financing is anticipated to occur during the period noted. He said regarding the refinancing, it is estimated that the County will realize savings of approximately $451,788 over the life of the refinancing term. He said the ultimate savings will depend on interest rates at the time of closing later in the spring. Commissioner Jacobs asked the total cost of the Eubanks Road convenience center. Paul Laughton said the current estimate is $3.17 million. Commissioner Jacobs said he had read that the federal government was possibly raising interest rates in June. He asked if interest rates for this refinancing would be secured prior to that point. Paul Laughton said that is his hope. He added that all options are currently being reviewed and weighed. He said that the climate at closing is uncertain at this point as it remains sixty days away. Commissioner Jacobs confirmed that the consideration of rising interest rates was a factor in this refinancing process. Paul Laughton said the goal is to have the process completed by June 30, 2015 and to secure the lowest interest rates possible. Chair McKee confirmed there were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the Board to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Rich, seconded by Commissioner Price to adopt the resolution supporting the application to the Local Government Commission for approval of the financing and refinancing arrangements. VOTE: UNANIMOUS RES-2015-019 Resolution supporting an application to the Local Government Commission for its approval of a financinq aqreement for the County WHEREAS -- The Board of Commissioners has previously determined to carry out the acquisition and construction of various public improvements, as identified in the County's capital improvement plan, and County staff has determined and advised the Board that refinancing all or a portion of two prior installment financings may provide savings to the County. The Board desires to finance the costs of these projects and to carry out the refinancing by the use of an installment financing, as authorized under Section 160A-20 of the North Carolina General Statutes. Under the guidelines of the North Carolina Local Government Commission, the Board must make certain findings of fact to support the County's application for the LGC's approval of the County's proposed financing arrangements. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, that the County makes a preliminary determination to finance approximately $26,470,000 to pay capital costs of various public improvements and to carry out the refinancing. The proposed list of projects and improvements to be financed appears in Exhibit A. The two financings that are to be refinanced are a) a 2006 installment financing contract secured by Carrboro High School and b) a 2006 Certificates of Participation installment financing secured by Gravelly Hill Middle School. The Board will determine the final amount to be financed by a later resolution. The final amount financed may be slightly lower or slightly higher than $26,470,000. Some of the financing proceeds may provide reimbursement to the County for prior expenditures on project costs, some proceeds may be used to pay financing expenses, and some proceeds may be used to provide any appropriate reserves. BE IT FURTHER RESOLVED that the Board of Commissioners makes the following findings of fact: (a) The proposed projects are necessary and appropriate for the County under all the circumstances. The proposed refinancings are necessary and appropriate for the County under all the circumstances because the refinancings will produce substantial debt service savings. (b) The proposed installment financing is preferable to a bond issue for the same purposes. The County has no meaningful ability to issue non-voted general obligation bonds for these projects. These projects will not produce sufficient revenues to support a self-liquidating financing. The County has in the past issued substantial amounts of voter-approved bonds, and it is appropriate for the County to balance its capital finance program between bonds and installment financings. The County expects that in the current interest rate environment for municipal securities there would be no material difference in interest rates between general obligation bonds and installment financings for these projects. (c) The estimated sums to fall due under the proposed financing contract are adequate and not excessive for the proposed purposes. The County will closely review proposed financing rates against market rates with guidance from the LGC and its financial adviser. All amounts financed will reflect approved contracts, previous actual expenditures or professional estimates. (d) As confirmed by the County's Interim Finance Officer, (i) the County's debt management procedures and policies are sound and in compliance with law, and (ii) the County is not in default under any of its debt service obligations. (e) The County estimates that the maximum tax rate impact of paying General Fund related debt service on the financing will be the equivalent of up to approximately 0.67 cents per $100 of valuation. Based on current resources and the retirement of some existing debt, no actual tax rate increase related to this financing will be necessary. (f) The County Attorney is of the opinion that the proposed projects are authorized by law and are for purposes for which public funds of the County may be expended pursuant to the Constitution and laws of North Carolina. BE IT FURTHER RESOLVED as follows: (a) The Interim Finance Officer is directed to take all appropriate steps toward the completion of the financing, including (i) completing an application to the LGC for its approval of the proposed financing, and (ii) soliciting one or more proposals from financial institutions to provide the financing. All prior actions of County representatives in this regard are ratified. (b) This resolution takes effect immediately. Exhibit A– proposed proiects Project description Est. Amount Financed Vehicle replacements $ 760,000 In-car camera replacements for Sheriff's office $ 520,000 Board of Elections equipment $ 700,000 Improvements to Cedar Grove Community Center $ 2,800,000 Southern Orange Campus — planning and improvements $ 400,000 HVAC projects at various County facilities $ 360,000 Roofing projects at various County facilities $ 180,000 Information technology (including central permitting software) $ 1,250,000 Communications systems improvements, including Sheriff's � 125,000 department and EMS systems Soccer.com soccer center improvements $ 125,000 Lands Legacy acquisitions $ 2,400,000 Sportsplex— pool mezzanine $ 950,000 Improvements for Eubanks Road solid waste convenience center $ 1,100,000 Efland water and sewer improvements $ 4,600,000 Estimated total for new projects $ 16,270,000 Estimated total for refinancings $ 10,200,000 Estimated grand total $ 26,470,000 6. Consent Aqenda Chair McKee noted the presence of Sheriff Blackwood as one agenda item pertained to his office and he was available for questions. • Removal of Any Items from Consent Agenda NONE • Approval of Remaining Consent Agenda A motion was made by Commissioner Price, seconded by Commissioner Rich to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes as submitted by the Clerk to the Board for the following meetings: February 11, 2014, March 3 and 23, 2015. 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 seven (7) taxpayers with a total of seven (7) 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 (12) twelve bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Fiscal Year 2014-15 Budqet Amendment#7 The Board approved budget and capital project ordinance amendments for fiscal year 2014-15 for the Department of Environment, Agriculture, Parks and Recreation, Health Department, Cooperative Extension, Emergency Services Department Orange Rural Fire Department and Orange Grove Fire Department. e. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro City Schools (CHCCS) and Continqent Approval of Budqet Amendment # 7-A Related to CHCCS Capital Proiect Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2014-15 debt service payments for Chapel Hill — Carrboro City Schools (CHCCS), and approved Budget Amendment#7-A (amended School Capital Project Ordinances), contingent on the NCDPI's approval of the application. f. Resolution Authorizinq Staff to File Applications with the Federal Transit Administration The Board adopted a resolution, which is incorporated by reference, authorizing the Orange County Transportation Planner and Orange Public Transportation Administrator to file applications with the Federal Transit Administration for Federal financial assistance. g. Unified Development Ordinance (UDO) Amendment Outline and Schedule for the May 2015 Quarterly Public Hearinq The Board approved process components and schedule for a government initiated Zoning Atlas amendment for the May 2015 Quarterly Public Hearing. h. County Sheriff's Office — Records Retention and Disposition Schedule The Board approved the County Sheriff's Office Records Retention and Disposition Schedule and authorized the Chair to sign. i. Access Easement for Jeffrey Fisher— Hollow Rock Access Area The Board authorized the County to grant a 30-foot-wide access easement for Jeffrey Fisher to access his landlocked residential property through the Hollow Rock Access Area. j. Replacement Ambulance for Oranqe County Emerqency Services The Board approved the purchase of one (1) ambulance that will replace a 2007 model ambulance manufactured by Wheeled Coach. 7. Reqular Aqenda a. Joint Planninq Land Use Plan and Aqreement Amendments —Aqricultural Support Enterprises Within the Rural Buffer Land Use Classification The Board considered County-initiated amendments to the Joint Planning Land Use Plan and Agreement to allow for the possibility of locating appropriate Agricultural Support Enterprises within the Rural Buffer land use classification. Perdita Holtz said in June 2014 the BOCC approved a version of these amendments. She said the Towns of Carrboro and Chapel Hill approved slightly different versions. She said all three local governments must approve the same thing. She said pages twenty eight through 32 of attachment 3 of the agenda materials show yellow highlighting to note changes from the version approved by the BOCC in June 2014. She said the differences were fairly minor. The differences were as follows: 1) On three occasions the words "low intensity" have been added in front of"agricultural support uses". 2) Changing the words "zoning and subdivision ordinance" to "unified development ordinance" to reflect the current title of Orange County's Land Use regulations. 3) On page thirty two it is stated that a joint public hearing and the approval of all three local governments before the County could materially change its UDO in regards to the agricultural support enterprises within the rural buffer in regards to the regulations that pertain to those. Perdita Holtz said amendments to the joint planning documents must be approved before the County can consider adoption of the UDO amendments. She said the abstracts indicated that the Towns made recommendations on the UDO amendments as is within their right to do as joint planning partners. She said the Towns' recommendations have been incorporated into the UDO amendments that the BOCC is scheduled to consider on May 5tn 2015. She said the recommendation for tonight is for the BOCC to deliberate as necessary on this proposed amendment to the joint planning documents and to decide accordingly. She said if the BOCC decides to adopt the amendments then the resolution to adopt is in attachment 1. Commissioner Rich referred to page 32 seeking affirmation of her understanding that if anything changes in the UDO there must be a public hearing on the specific ordinance. Perdita Holtz said if there are material changes to a portion that applies to the Rural Buffer (RB) and Agricultural Support Enterprises, then a joint public hearing would be needed. She said there are examples of material changes included. Commissioner Rich asked if it would be necessary to start the process over again from the beginning to make changes. Perdita Holtz said the current process is that any amendments to the UDO that affect the RB are sent to the Towns for review and comment. She said the Towns are seeking more than comment authority. She said the elected officials seek the ability to approve changes not just town staff. Commissioner porosin asked if Perdita Holtz was presenting the information from the Towns or if she also agreed with the Towns' recommendations and that they should be adopted by the BOCC. Perdita Holtz said this is what the Towns want and what they adopted. She said that all three local governments must adopt the same language in order to amend the agreement. Commissioner porosin asked his fellow Commissioners for their input. He asked if it is recommended by the Planning Department, given their expertise, that the BOCC should adopt the procedure of holding public hearings. He asked for pros and cons. Perdita Holtz said a concern was raised by a Town of Carrboro Alderman. The concern was what happens when Carrboro allows Agricultural Support Enterprises and asks the County to add things after the fact which, given the current wording, can only be reviewed by staff. Perdita Holtz said there was also concern that standards may be changed without elected official review. Commissioner porosin said that changes cannot be made currently, and he did not see how this would be possible in the future. Perdita Holtz said currently the Joint Planning Agreement says the Rural Buffer is only for limited uses, primarily residential. She said the use of Low Intensity Agricultural Enterprises in the RB is being added. Commissioner Jacobs said clustering in not currently in the Rural Buffer. Craig Benedict said yes. He said a five acre density can go down to a two acre lot. Commissioner Jacobs said adopting clustering would involve all three jurisdictions. Craig Benedict said yes. He said zoning lot sizes would have to be studied in the different sections of the Rural Buffer since some are in the University Lake area and some are in the Jordan Lake area. Commissioner Jacobs said adopting the language would not affect the standard. Craig Benedict said that this provision was narrower, pertaining to agricultural uses. He said the BOCC asked for more liberal uses in the Rural Buffer, and the Towns had a counter proposal that said if that is to happen there should be some restrictions regarding agriculture. He said it was an offer of compromise. Commissioner Jacobs said he was the Planning Board Chair when the Joint Planning Agreement was first created. He said originally all three jurisdictions were to approve every development within the Rural Buffer. He said this proved unrealistic and a compromise was reached that placed trust on the County to follow the land use plan that was adopted jointly. He said he finds this change in language not ideal but it fulfills a promise made to the property owners in the Rural Buffer to refine the Joint Planning Agreement to allow them to farm and stay on their land if so desired. He said a bit of restriction on the BOCC seems reasonable if the greater goal is achieved. He added he would like to have a discussion about clustering now that all elected officials are aware of the Rural Buffer and the Joint Planning Agreement that perhaps some of the refining can now be done and make it more viable long term to accomplish its goals. Commissioner Rich said will this be reviewed annually with other elected officials. Perdita Holtz said it is an annual review and will probably be an item on the AOG. Commissioner Rich said if a change is requested prior to the AOG then a public hearing would be scheduled. Perdita Holtz said yes. She said a public hearing would be required in order to make a text change to the UDO only if the change pertained to agricultural support uses in the RB. Commissioner Price said any desired change outside of agricultural support uses would wait until the annual joint public hearing for discussion. Perdita Holtz said there is opportunity for two joint public hearings. She said only one joint public hearing is formally listed but it is understood by all local governments that a public hearing can occur at the joint meeting with the Town of Chapel Hill in March or with the Town of Carrboro in October. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to adopt the Resolution contained in Attachment 1 which approves the amendments to the Joint Planning Land Use Plan and Agreement. VOTE: UNANIMOUS 8. Reports NONE 9. County Manaqer's Report Proiected April 9, 2015 Budqet Work Session Items Community Centers — Level of Service and Operating/Programming Options Space Study Work Group Report Capital Investment Plan Discussion (First Work Session Discussion) Proiected April 14, 2015 Reqular Work Session Items Durham-Orange Light Rail Report Presentation on Alternatives to On-site Septic Systems Implementation of"10% Campaign" within County Government 10. County Attorney's Report John Roberts said the Senate had filed about 400 bills in the last two weeks. He said the filing is now slowing down and bills will be put into committees. He said a lot of potentially damaging bills have been filed that could affect Orange County, and he will keep the BOCC updated on ones that affect Orange County. Chair McKee asked John Roberts isolate any potentially damaging bills and keep the BOCC informed as to their progress. 11. Appointments a. Arts Commission —Appointments The Board considered making appointments to the Arts Commission. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to appoint the following to the Arts Commission: • Appointment to a second full term (position #1) At-Large for Ms. Katherine Dickson expiring 03/31/2018. • Appointment to a first full term (position #2) At-Large for Mr. Tim Hoke expiring 03/31/2018. • Appointment to a first full term (position #8) At-Large for Ms. Bronwyn Merritt expiring 03/31/2018. • Appointment to a first full term (position #12) At-Large for Mr. lan Bowater expiring 03/31/2018. • Appointment to a first full term (position #15) At-Large for Ms. Kim Roberts expiring 03/31/2018. VOTE: UNANIMOUS A motion was made by Commissioner Price to appoint Jilan Li to position # 13 —At Large. No Second. MOTION FAILED A motion was made by Commissioner Jacobs, seconded by Commissioner porosin to appoint Tony Kane to position # 13 At-Large expiring 3/31/2018. VOTE: UNANIMOUS Commissioner Rich said she would like to see attendance at Arts Commission Board meetings addressed. She said she has been contacted by some members about attendance being low which leads to inconsistency in meetings. Chair McKee offered to write a letter to the Board Chair about the topic. Commissioner Rich suggested speaking with Steve Brantley about this attendance. She said that effort is taken in appointing members to the Board as they appear to be interested, and she would like to insure that they are indeed interested in attending meetings and serving. Chair McKee said he could also attend a meeting. 12. Board Comments Commissioner Price had no comments. Commissioner Rich said the Solid Waste Advisory Group (SWAG) meetings are coming closer to an end as related to the fees for recycling. She said it has been a real learning experience for her. She said there has been very good discussion, and she feels positive. She said the SWAG will now move into phase two where there will be more discussion about the interlocal agreement, solid waste issues and the plan for the future. She said an update will be given after the next few meetings have occurred. Chair McKee thanked Commissioners Rich and Jacobs for their efforts. Commissioner Burroughs echoed Chair McKee's thanks for the efforts regarding SWAG. Commissioner Pelissier noted that this is National Public Health Week. Commissioner porosin said on Friday, April 10th , the Chapel Hill-Carrboro National Association for the Advancement of Colored People (NAACP) has its annual Freedom Fund Banquet at 6:OOpm. He said the banquet will occur at the Friday Center on Highway 54. He said the keynote speaker is Ted Shaw, the former Executive Director of the NAACP Legal Defense Fund and the current the Executive Director of the University of North Carolina's Center for Civil Rights. Commissioner Jacobs said he would like an update in the future regarding the adoption of a living wage policy. John Roberts said staff is researching this and will bring back information to the Board. Chair McKee said next Wednesday, April 15th and Thursday, April 16th the Junior Livestock Show and Sale will be held at the Orange Grove Community Center. He said this event is in its eightieth year, involves eight to ten counties and countless children. He highly commended it to those who have never attended. 13. Information Items • March 17, 2015 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/Refunds under $100 14. Closed Session A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to go into closed session at 9:50 pm for the purpose below: "To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff inembers, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity." [N.C.G.S. 143-318.11(a)(9)] VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to reconvene into regular session at 10:50 pm. VOTE: UNANIMOUS 15. Adiournment A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to adjourn the meeting at 10:50 p.m. VOTE: UNANIMOUS Earl McKee, Chair Donna Baker, Clerk to the Board