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HomeMy WebLinkAboutMinutes 02-02-2016 1 APPROVED 3/1/2016 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING February 2, 2016 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 2, 2016 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, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair McKee called the meeting to order at 7:03 p.m. 1. Additions or Changes to the Agenda Chair McKee noted the following item at the Commissioners' places: - Monthly memorandum from the Planning Department PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda Sheryl Zimmerman spoke about an ongoing property tax issue that she and her husband, Philip Sloan, are facing. She provided a hand out of her comments as well as several documents pertaining to her comments. All of referenced documents are in the meeting's permanent record at the office of the Clerk to the Board of County Commissioners (BOCC). She reviewed these documents and thanked the Board for its consideration. Chair McKee thanked Sheryl Zimmerman and said the case would be discussed in a closed session at a later date. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Rich had no petitions. Commissioner Pelissier had no petitions. Commissioner Dorosin said he attended a fantastic advocacy training this past weekend, and reviewed some of the resolutions that were presented that may be for 2 consideration by local governments in reference to per pupil funding and some resolutions related to increased accountability for Charter schools. He said he will bring forth draft resolutions in the coming weeks. Commissioner Rich suggested Commissioner Dorosin share these resolutions with the Legislative Issues Work Group (LIWG). Commissioner Price said the Human Relations Commission (HRC) had a forum this past weekend. She said it was mentioned that the County is making great strides in accessibility but noted the need for increased assistance for people with sight or hearing impairments. Commissioner Jacobs said he had a petition related to Commissioner Price's comments. He said he also attended the HRC forum, as well as an additional meeting at the library regarding community design and awareness related to disabilities. He said when he attended the HRC forum he observed that the video screens are hard to see. He said the forum included discussions about getting around the community, noting the lack of sidewalks near certain County buildings. He applauded the current review of all County buildings but asked if this could be expanded to a comprehensive study of all accessibility issues for County facilities and documents. Commissioner Jacobs noted that Arts grants are being given away tonight and said there was a press release regarding a survey about the value of the arts as an economic engine. He suggested that such a survey is insufficient and he referred to an article about Raleigh adoption of a plan called Creative Life: the Raleigh Arts Plan. He said this plan identified eight broad goals, which he reviewed, and is a guide for how Raleigh can invest in the arts. He said he would like to see Orange County have a strategic plan for promoting the arts through the County, as well as partnering with the municipalities. Chair McKee said the second petition, pertaining to the arts, would be referred to the Chair/Vice Chair committee. He asked the County Manager to incorporate the first petition regarding accessibility into the buildings review that has already begun. Commissioner Burroughs had no petitions. Chair McKee had no petitions. 4. Proclamations/ Resolutions/ Special Presentations a. Orange County Arts Grant Recipients The Board acknowledged local artists and arts organizations receiving Fall 2015 Orange County Arts Grants with the presentation of checks by the Board Chair. Martha Shannon, staff support for the Orange County Arts Commission, reviewed the recipients for fall 2015. Fall, 2015 Arts Grant Recipients: Attendees: ArtsCenter - Jesse Hollars Central/New Hope/Efland-Cheeks Elementary Schools Coalition — Myron Wilson Chapel Hill-Carrboro Public School Foundation - Lynn Lehmann Chapel Hill Downtown Partnership (fiscal agent) - Sarah Wolfe Ephesus Elementary School PTA - Kristen Stewart Expedition School - Bessie Mbadugha & Angie Archbold Gravelly Hill Middle School - Eric Yarbrough Hillsborough Arts Council - Micki Saad 3 Historical Foundation of Hillsborough and Orange County - Candace Midgett, Whitney Watson, Gabriel Delgadillo, Jamiyah Brigman, lsbah Neit, Neftaly, Eli Morales, Jessica Tinka Jordy - NOT AVAILABLE Michael Roy Layne from Legacyworks Michael Roy Layne attending from Legacyworks McDougle Elementary School PTA - Siobhan Colgan North Carolina Symphony Society, Inc. - Lisa Ransom One Song Productions - Anna LeDuc Peoples Channel - Carson Riedel Phillips Middle School PTSA - Alyse Levine & Cristina Smith Triangle Weavers - Ruth Ann Ross, Lori Rhodes, Janice Kohl Susie Wilde - NOT AVAILABLE Women's Voices Chorus, Inc. - Shelley Hedtke A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to acknowledge the local recipients of the Arts Grants. VOTE: UNANIMOUS b. Cedar Grove Community Center Update The Board received a progress report on the Cedar Grove Community Center project. Jeff Thompson, Asset Management Services Director, said he is here tonight with David Stancil, Department of Agriculture, Environment, Parks and Recreation (DEAPR) Director, and David Caldwell, Orange County Community Center Coordinator. He said the purpose of the presentation is to update the Board on this project, introduce David Caldwell, and provide an update on community center outreach and program development. Jeff Thompson said the Cedar Grove Community Center is a 30,000 square foot center featuring several flexible, multipurpose rooms, an Internet café, a quite room, art and heritage display areas, a multimedia room, and exercise areas and is 90% complete. He said the construction is currently focused on interior finishes. He said the exterior landscaping and parking areas are complete and the library kiosk and the bus shelter will be installed in the coming weeks. He said a ribbon cutting will take place in the spring. He introduced David Caldwell. David Caldwell said he is glad to be here. He said he is looking forward to being the Community Center Coordinator for the community centers in Orange County. He said it is a pleasure to work at Orange County. Chair McKee said the Cedar Grove community is excited to have David Caldwell serving in this new position and to be working with him going forward. Commissioner Rich said David Caldwell was a recipient of the citizen of the year award at the MLK Banquet for his community work. Commissioner Dorosin welcomed David Caldwell and noted the County's fortune at having him serve in this position. 4 Commissioner Price said the community wanted to attend tonight but there was a conflict. She asked if Jeff Thompson could keep the community members in the loop. David Caldwell said the Rogers Road Community Center was a team effort. David Stancil said everyone is working hard to get the Cedar Grove Community Center up and running. Commissioner Jacobs asked if Jeff Thompson could review the timetable for completion. Jeff Thompson said the certificate of occupancy is expected in April, with a few weeks of soft operations, prior to the ribbon cutting in the summer. He said the kiosk is scheduled to arrive in March and the concrete pad is already in place. Commissioner Rich asked if there will be training for community members on how to use the library kiosk. Jeff Thompson said library services staff will be doing training in coordination with the community center. Commissioner Price asked if the draft timetable could be sent to the Board of County Commissioners and community members. Jeff Thompson said yes. c. Alcohol Beverage 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 provided any questions or comments to Mr. DuBois. Lisa Stuckey, ABC Board Chair, said they are here to give the BOCC an annual update and is joined by Tony Dubois and Ron McCoy, ABC Finance Director. Tony Dubois said the ABC Board is a political subdivision of the State, an independent government agency. He said there is a Board of Directors, and there will be an appointment for the Board Chair this summer. He said the mission of the ABC Board is to serve the County responsibly, not selling to anyone under the age of 21; return profits to law enforcement, alcohol education, and the County general fund; and provide excellent customer service in modern, well kept stores. He said all ABC Board members go through ethics training to insure the highest ethical standards and transparency. He said activities of the last year include the opening of their new administrative offices and the new store in Chapel Hill. He said this store has one of the highest local North Carolina sections in the state. Tony Dubois reviewed the following information: In the fiscal year starting July 1, 2015, a distribution of$400,000 was promised to the Orange County General fund. Distributions are made the last month of each quarter (September, December, March and June) in the amount of$100,000. The board also set aside $ 48,333 to contribute to the Board Retiree Health Care Plan. The board funded local Alcohol Law Enforcement agencies $135,000. The board also increased the amount available for community Alcohol Education and Rehabilitation grants for schools and local community organizations to $173,125. The distributions from the board for fiscal year 2015-16 total $734,883. We also set aside $50,000 to initiate the living wage in 2016 and the board is currently considering how to implement this in a fair manner. Starting the living wage will affect the board's profitability and ability to increase payments to the general fund in the future. Alcohol Law Enforcement Amount Hillsborough Police Department $ 7,000 Carrboro Police Department $ 16,000 Chapel Hill Police Department $ 25,000 5 Orange County Sheriff's Department $ 87,000 Total Alcohol Law Enforcement $135,000 Alcohol Education and Rehabilitation Grants Mental Health Orange Co Teen Partnership $ 5,000 El Centro Hispano $ 10,000 Carpe Diem $ 13,125 El Futuro $ 18,000 Orange County Drug Court $ 25,000 Orange County Health Department $ 30,000 Orange County Schools $ 32,000 Chapel Hill-Carrboro city Schools $ 40,000 Total Alcohol Education and Rehabilitation $173,125 Ron McCoy said the ABC Board has the mission to return the profits made back into the Orange County community. He said this mission is taken seriously and is successfully met. He said the FY 2015 sales were $17.9 million. He said 1.3 million bottles were sold in Orange County with the average sale price of a bottle at $13.80. He said $7.10 per bottle was the cost of the product with $3.30 remitted to the state and local tax authorities, $2.30 went to operational costs, $.38 was retained by the ABC Board for working capital and $.72 was distributed directly back into the County. He said in FY 2015, the total amount distributed by the ABC Board was $737,315. He said $50,765 was paid directly to the County for alcohol rehabilitation services; $156,550 was distributed to schools and community organizations for alcohol education; $130,000 was distributed to local law enforcement agencies; and $400,000 was distributed to the Orange County general fund. Lisa Stuckey said the ABC Board did a careful wage and salary study and adopted the living wage last month. She said entry level, part-time pay was increased to $12.76 per hour, full-time pay was increased to $14.00 per hour, and everyone in the organization received a pay increase. She said the pay increases most greatly benefited those at the bottom of the pay scale. She said this is a substantial change, increasing the payroll by about $118,000 but the ABC Board is very excited to be moving in this direction. Lisa Stuckey referred to the North Carolina ABC annual report, noting the "Talk It Up" campaign to reduce underage drinking, which the Orange County ABC Board is happy to support. She said additionally this year, the Board has partnered with the University of North Carolina (UNC), the Town of Chapel Hill, and the Orange County Health Department to fund a position, under the town gown auspices, that will coordinate community and campus efforts to curb high-risk drinking. Lisa Stuckey said she will be rotating off the ABC Board and she thanked the Commissioners for the opportunity to serve. Commissioner Price expressed congratulations to Lisa Stuckey for her six years of service. Commissioner Jacobs asked if a pay study was completed. Lisa Stuckey said yes. She added that the ABC Board does not determine the price of the bottles that are sold or purchased and therefore it was important to insure that increased wages were fiscally viable. Commissioner Jacobs asked if salary compression was reviewed. Lisa Stuckey said yes, and noted that it will be reviewed further. She said merit raises were not sacrificed in order to achieve the overall wage increases. 6 Commissioner Jacobs said the ABC Board has made admirable positive steps to treat its employees appropriately. Commissioner Jacobs asked if the BOCC could be updated when, and if, the legislature speaks about the ABC control system, in order to offer support. Lisa Stuckey said the legislature has banned powdered alcohol which she deemed a wise decision. Commissioner Rich expressed thanks for the wage study and the implementation of the living wage. She urged the ABC Board to get in touch with the Living Wage Project of Orange County in order to be certified as a certified as living wage employer. Commissioner Pelissier echoed Commissioner Rich's comments. She asked if the sales for this year could be compared to those of the previous year. Ron McCoy said the sales were up by about a half million dollars this year. He said there has not been a large increase in the number of bottles sold but rather the bottles being purchased are at a higher price point. Commissioner Burroughs said serving as the liaison this past year has shown her how invested the ABC Board is in the organization, and the living wage issue in particular. She thanked the ABC Board for the work being done. Commissioner Rich asked if the local product selections are selling well. Tony Dubois said it has been well received by everyone and there are local liquors from all over the state. Commissioner Price referred to the allocations of funding and asked if there has been an increase in the needs for education and rehab programs. Lisa Stuckey said there is a grant process on the website and about 8-10 requests per year are received. She said the process is similar to the way Orange County funds outside agencies. Commissioner Price asked if underage drinking is an increasing problem. Lisa Stuckey said there has been an increase in monetary requests each year. She said a lot of underage drinkers end up in the emergency room, which is designed to maintain privacy; and this is why she is especially excited about the town gown collaborative, as it will address treatment needs in a new way. Chair McKee acknowledged the professionalism of the ABC Board. Commissioner Dorosin asked if there are any other quasi-county entities over which the BOCC has some indirect control, with reference to promoting the living wage issue. Bonnie Hammersley said one of the guidelines for the 2016-2017 budget is to identify those entities, and department directors are contacting vendors to determine this information. Commissioner Dorosin said the County should promote the living way to all the quasi- governmental agencies, like Orange Water and Sewer Authority (OWASA), the ABC Board, the schools, etc. Commissioner Jacobs said he agreed. He offered the Community Home Trust (CHT) as an example recipient of County funding but is unsure whether CHT pays a living wage. He suggested the BOCC consider even broader application than just the living wage, such as accessibility, noting that those receiving County funds should need to follow certain standards. 5. Public Hearings a. Local Economic Development Public Hearing for Appropriation of Funds for Infrastructure 7 The Board conducted a Public Hearing on the appropriation of Economic Development funds the Article 46 apportionment for Economic Development in accordance with recently modified state law, SL 2015-277, and closed the Public Hearing. Steve Brantley, Orange County Economic Development Director, reviewed the following information: BACKGROUND: A recent (summer 2015) state law change now requires additional specificity when expending funds for Economic Development. In consultation with the County Attorney's office, this change requires a more elaborate explanation of the use/purpose and justification of public benefit related to Economic Development monies. This information would be noticed to the public via a newspaper advertisement for input. The information required complements prior adopted Capital Investment Plan (CIP) and budget approvals from a past and current year budget. The attached advertisement meets those requirements. The project is the Efland Mebane Phase II Extension, which was approved by the Board in June 2015. The advertisement explains the project and a map is attached to show the area. The monies have been budgeted in prior and current year CIP budgets in the amount of approximately $4.97 million funded from Article 46 funds. Steve Brantley said one of the land tracks is a 79-acre site, which is referred to as the Simpson Efland Heirs site. He said this property was the first choice site for Morinaga, but was ultimately rejected, as it did not have water and sewer. He said there is currently a new prospect showing strong interest in this property. He said adding utilities to this land would greatly help economic development efforts. Craig Benedict, Orange County Planning Director, reviewed several maps pertaining to the project's sewer line easements, a routing location, and how it impacts the several adjacent, passer-by residential lots. He said property lines were followed whenever possible. He said there are 13 easements, primarily in the Efland area. He noted that an area has been purchased for a sewer lift station. He said this project provides backbone for the infrastructure for this Economic Development zone. Commissioner Jacobs referred to the forced main on Route Ten and asked if it can be tapped into. Craig Benedict said the forced main would not be tapped into. He said any properties west of Gravely Hill Middle School can tie into an existing sewer line, and those to the east would have to have a private lift station. Commissioner Jacobs asked if there is a grand opening date yet for Morinaga. Steve Brantley said a date in April or May is preferable for Morinaga but are flexible to accommodate the BOCC. Commissioner Jacobs asked if Chair McKee would write a letter to Morinaga, acknowledging its accomplishment of being confectionary vendor of the year 2015. Chair McKee said he would do so. Commissioner Price asked if properties to the south would be affected. Craig Benedict said these properties are not within the water and sewer boundary agreement. Commissioner Rich asked if the number of water and sewer agreements held by Orange County is known. Craig Benedict said there is one with the City of Mebane, which was updated in 2009; one with the City of Durham, for the Eno Economic Development zone; and an agreement with the City of Hillsborough is in process. PUBLIC COMMENT None. 8 A motion was made by Commissioner Burroughs, seconded by Commissioner Price for the Board to close the Public Hearing. VOTE: UNANIMOUS b. Unified Development Ordinance Text Amendment— Sexually Oriented Businesses - Closure of Public Hearing and Action (No Additional Comments Accepted) The Board considered receiving the Planning Board recommendation, closing the public hearing, and making a decision on text amendments to the Unified Development Ordinance (UDO) initiated by the Planning Director to adopt regulations governing the development of sexually oriented businesses. Michael Harvey, Orange County Planning Supervisor, said this item is a continuation of the public hearing, and noted the abstract contained the UDO outline form in attachment one; excerpts from the Quarterly Public Hearing (QPH) and the Planning Board; a Planning Board statement of consistency; and a proposed text amendment. Michael Harvey said current zoning regulations do not establish locational criteria for sexually oriented businesses and are actually prohibited. He said this prohibition is inconsistent with state law which states this as a land use that can be regulated but not prohibited. He said the proposed text amendment seeks to establish locational criteria and allowable general use zoning districts. Michael Harvey said the recommendation is to allow sexually oriented businesses in the industrial medium and heavy intensity districts, specifically 1-2 and 1-3. He said the setback standards are designed to protect identified secondary sensitive uses such as schools, libraries, single family residences, and daycares from the impacts that can occur from sexually oriented businesses being located in a given area. He referred to several studies that support the need for these setbacks. Michael Harvey referred to page 7 of attachment 1, noting an inconsistency brought forward. He said it was initially stated that there are no properties in the County zoned 1-2 or I- 3, but this is not accurate, and appropriate properties have since been located. Commissioner Price said there seems to be inconsistency on page 48 and asked if adult cabarets are allowed. Michael Harvey said yes. Commissioner Price said if they are allowed then page 45 is inconsistent, as it states that the sale and consumption of alcohol is banned on the premises of an adult cabaret. Michael Harvey said it is not inconsistent and the County chose to voluntarily recommend a prohibition on the consumption of alcohol. Commissioner Price clarified that alcohol is going to be banned in a bar. Michael Harvey said no, that alcohol would be banned in an adult cabaret which is the County's right by state law. Michael Harvey said Commissioner Dorosin brought up this same concern during the QPH, and he gave Commissioner Dorosin the same answer that there does not have to be a regulation banning the consumption of alcohol, but it is the recommendation. Commissioner Price referred to page 49, which addresses adult motels. She said this seems absurd. Michael Harvey said there are provisions in state laws that are not sane and the goal here is to provide a definitional framework for what could constitute an adult motel versus trying to reclassify motels throughout the County. Commissioner Price said her only remaining concern is the issue of alcohol. 9 Michael Harvey said the provision was put there because the state law allows it but its elimination from this ordinance text amendment does not impact the enforceability of the text as a whole. Commissioner Dorosin referred to page 26, noting it says there are no properties zoned 1-2 and 1-3, and he asked if that is incorrect. Michael Harvey said yes, and there are zoned properties in Orange County that can allow for these establishments. Commissioner Dorosin said he appreciated the work on this issue and the regulations that will be imposed, given that sexually oriented businesses have many negatives and dangers related to them; but he does not believe that banning the sale of alcohol relates to the these inherent dangers, such as sexual trafficking. He said the risks of alcohol are the same whether at a sexually oriented business or at a bar. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to strike the portion of the draft ordinance that bans the sale and consumption of alcohol in sexually oriented businesses. Michael Harvey said there must first be a motion to approve the statement of consistency, followed by a motion to approve the ordinance text amendment, revised as follows, eliminating the provision contained in Section 5.6.15 (B) (1) prohibiting sexually oriented businesses from selling, or being located within a structure allowing for the consumption of, alcohol. Commissioner Dorosin said this process does not make sense to him. John Roberts said the Court's ruling on statement of consistency is unclear, but he does not have any concerns with what Michael Harvey is suggesting. He said it would also be acceptable to adopt the statement of consistency after eliminating a portion of the ordinance. Commissioner Dorosin withdrew the motion. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to close the public hearing and adopt the Statement of Consistency, contained within Attachment 5. VOTE: Ayes, 5 (Chair McKee, Commissioner Dorosin, Commissioner Pelissier, Commissioner Price, and Commissioner Burroughs); Nays, 2 (Commissioner Jacobs and Commissioner Rich) MOTION PASSES A motion was made by Commissioner Dorosin, seconded by Commissioner Price to strike from the Ordinance section 5.6.15b1, regarding the prohibition of the sale of alcoholic beverages. Commissioner Burroughs asked those in opposition to the vote to explain why. Chair McKee said he is not going to vote in opposition to this motion now, but he has question about the entire issue. John Roberts said Orange County cannot ban alcohol in its entirety, and if an application came forward with this type of use, the BOCC would have to consider it. He said this is needed in the event that something like this comes forward. He said in March, he will bring a general police power ordinance to the Board, and there will be more opportunity to discuss the operational aspects of sexually oriented businesses, as opposed to the land use aspects. 10 VOTE: Ayes, 5 (Chair McKee, Commissioner Dorosin, Commissioiner Pelissier, Commissioner Price, and Commissioner Burroughs); Nays, 2 (Commissioner Jacobs and Commissioner Rich) A motion was made by Commissioner Price, seconded by Commissioner Dorosin to approve the entire attachment 6, as amended. VOTE: Ayes, 5 (Chair McKee, Commissioner Dorosin, Commissioiner Pelissier, Commissioner Price, and Commissioner Burroughs); Nays, 2 (Commissioner Jacobs and Commissioner Rich) c. Unified Development Ordinance Text Amendment— Display of Vehicles at Motor Vehicle Sales/Rental Land Uses - Closure of Public Hearing and Action (No Additional Comments Accepted) The Board considered receiving the Planning Board recommendation, closing the public hearing, and making a decision on text amendments to the Unified Development Ordinance (UDO) initiated by the Planning Director to adopt regulations regarding the display of vehicles at motor vehicle sales/rental businesses. Michael Harvey said this is the last UDO text amendment public hearing, the purpose of which is just to receive a recommendation. Michael Harvey said the intent of this amendment is to establish uniform, global regulation, providing a specific limit on the number of automobiles that can be displayed for either rental or sale at businesses. He said an applicant proposed an original amount of 12 vehicles and noted this limit only impacted development of automotive sales, motor vehicle sales or rental businesses within the neighborhood commercial zoning district. Michael Harvey said staff has seen a dramatic increase in the development of automotive sales and did not find it reasonable to limit the number of displayed vehicles in only one zoning district. He said staff recommends establishing a universal standard providing limit for such businesses in non-urbanizing, but legally located, portions of the County, such as the rural neighborhood nodes, and providing regulations in the urban areas where a higher degree of development is expected. Michael Harvey said the standard was raised to 32 cars per acre, and also added language to not include cars being prepared or refurbished for sale as part of the 32. He added that such cars would have to be in an identified storage area. Michael Harvey said in the urbanized areas, the limit is 45 cars per acre. He said these recommendations are in accordance with the open space and impervious surface limit requirements in each district. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to close the hearing. VOTE: UNANIMOUS Commissioner Jacobs asked if any automotive vendors have provided feedback. Michael Harvey said yes, and that the 32 car standard seems acceptable. Commissioner Jacobs asked if a passed ordinance is promulgated to existing auto dealers in Orange County. Michael Harvey said staff does outreach, but vendors typically become most aware when seeking expansion. 11 Michael Harvey said the County does not take a heavy hand in the area of enforcement, but rather work with vendors through the proper channels to make necessary changes. A motion was made by Commissioner Pelissier, seconded by Commissioner Burroughs to adopt the Statement of Consistency, contained within Attachment 5. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to adopt the Ordinance amending the UDO contained within Attachment 6 as recommended by the Planning Board and staff. VOTE: UNANIMOUS 6. Consent Agenda • Removal of Any Items from Consent Agenda None • Approval of Remaining Consent Agenda A motion was made by Commissioner Burroughs, seconded by Commissioner Price to approve the remaining 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 for the December 7, 2015 BOCC Regular Meeting as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board accepted the report reflecting the motor vehicle property tax releases/refunds requested in accordance with the NCGS, and adopting the resolution to release motor vehicle property tax value for one (1) taxpayer with a total of one (1) bill that will result in a reduction of revenue. c. Property Tax Releases/Refunds The Board adopted the resolution, which is incorporated by reference, to release property tax value for one (1) taxpayer with a total of one (1) bill that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved the resolution, which is incorporated by reference, for five (5) untimely applications for exemption/exclusion from ad valorem taxation for five (5) bills for the 2015 tax year. e. Advertisement of Tax Liens on Real Property The Board accepted the report reflecting the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute (NCGS) 105-369, approving a request that March 23, 2016 be set by the Board as the date for the tax lien 12 advertisement, and authorized the Chair to sign the Order setting the lien sale advertisement date for March 23, 2016. f. Orange County Arts Commission DCP Renewal with NC Arts Council The Board authorized the Orange County Arts Commission (OCAC) and staff to apply by the March 1, 2016 deadline for annual Designated County Partner (DCP) renewal with the NC Arts Council in order to receive state Grassroots Program funds for Orange County. g. Resolution Endorsing Congestion Mitigation and Air Quality (CMAQ) Grant Agreement with the NCDOT The Board approved the resolution, which is incorporated by reference, of project agreement between Orange County and the North Carolina Department of Transportation (NCDOT) and authorized the County Manager to sign the agreement. h. Request for a 1.0 FTE Time Limited Position to Assist in the New Land Management Central Permitting Software Implementation Program (LMCP) The Board created a new 1.0 FTE (full time equivalent) time limited position in the Health Department and to transfer an existing 0.5 FTE position from Health to Planning and Inspections, thereby these positons to backfill the duties of existing staff who will be involved in implementing the new Land Management Central Permitting (LMCP) Software. i. Changes in BOCC Regular Meeting Schedule for 2016 The Board made changes to the Board of Commissioners' regular meeting calendar for 2016, changing the designations of the May 12th and May 26th BOCC meetings and to change the location of the May 19th meeting: May 12th — Budget Public Hearing at Whitted Building, Hillsborough, NC (this was originally scheduled as a Budget Work Session); May 19th- Budget Public Hearing at Southern Human Services Center, Chapel Hill (this was originally scheduled to be at the Whitted Building); May 26th- Budget Work Session — CIP (this was originally scheduled as a Budget Public Hearing). 7. Regular Agenda a. Rogers Road Sewer Project Easements The Board considered: 1. Authorizing County Staff to accept and acquire the private easements required to construct and maintain the Rogers Road Sewer Project by negotiation, purchase or condemnation, if necessary; 2. Authorizing the payment of negotiated easement value to individual property owners, within the project budget; 3. Authorizing the County Attorney's office to proceed with legal acquisition of utility easements with court filing, as necessary; and 4. Authorizing staff to bring back a budget amendment within the parameters outlined above to cover the cost of acquiring easements for this project. Travis Myren reviewed the following information: The County has been working with the Towns of Carrboro and Chapel Hill, and with the Orange Water and Sewer Authority (OWASA) to design and construct a sewer collection system to serve the Rogers Road neighborhood. The County is leading the effort to obtain the private easements needed for construction and future maintenance of the sewer collection system. At this point in the design process, the alignment of the sewer system has been tentatively established and the design firm is in the process of creating easement plats for each property noted in Attachment 1. The proposed sewer line is approximately 18,500 linear feet. In anticipation of this easement acquisition effort, County Staff set up an information meeting for community members, which was held on December 8, 2015. The meeting was held to explain to the community the purpose of an easement, and the practical implications of 13 having an easement on their property. This was also a time to answer questions about the easement acquisition process, the construction process, and the project in general. Following receipt of the easement plats from the design consultant (AECOM), County staff will develop easement deeds for each property. There are approximately 80 properties where permanent and temporary easements may be placed: 73 parcels inside the Historic Rogers Road Area (HRRA) and 7 parcels outside the HRRA. Staff will then contact each property owner from whom an easement is needed by letter to let them know why the County needs the easement, where the easement will be located on their property, how much the County is offering for the easement and the value of the infrastructure being installed on their property. The easement deed and a copy of the plat will be included in the letter, along with instructions on how to complete the document and who to contact with any questions. FINANCIAL IMPACT: County staff will offer a standard monetary amount for each easement, based on a partial per square foot tax value of each property, since easements are minor percentage interest and not a fee simple purchase. Approximately $212,000 is herein being requested for the project budget to cover these costs. In the event of condemnation, the County will be required to deposit an amount equal to the easement value with the Court upon filing of the condemnation complaint. A cost sharing agreement with Carrboro and Chapel Hill will assist in these costs. Chair McKee asked if Bonnie Hammersley could summarize conversations that took place with the Town of Chapel Hill and representative from the Jackson Center. Bonnie Hammersley said all entities are involved and have been supportive. She said there is a staff team with representatives from all stakeholders. Chair McKee said Mr. Vaughn said the discussions with the community are going well. PUBLIC COMMENT: Reverend Robert Campbell said he is one on staff at the Community Center and is Chair of Rogers-Eubanks Neighborhood Association (RENA). He expressed the community's pleasure with everything that is going on, and he thanked the BOCC for all the hard work and the progress that is being made in the Rogers Road Community. Commissioner Price asked if the easement costs are based on the value of the land. Travis Myren said yes. Commissioner Price asked if the calculations will be made before the revaluation. Travis Myren said yes, the assessed value will be taken as it stands this year. Commissioner Rich asked what would happen if an easement is not voluntarily agreed to. John Roberts said there would be an attempted negotiation, but if someone refuses to grant an easement, the County would give proper notification and place a deposit with the Clerk of Court, immediately granting the County the easement at that time. He said any litigation thereafter would be about the value. Commissioner Rich asked if such scenarios would slow down the overall process. John Roberts said any property owners who may not be willing will be known substantially ahead of time. Commissioner Rich asked if Reverend Campbell could help the County make this progress go smoothly. Reverend Campbell said the process in place now is handling these questions ahead of time. He said the majority of the community is satisfied and ready to proceed, with perhaps 14 one or two that may be hesitant about the equity within the space that is going to be used. He feels these concerns will be resolved. Commissioner Rich said the overarching theme is that the process should continue to move forward on these easements. John Roberts said there were a number of condemnation actions filed in the Mebane- Efland area, but noted that all were resolved prior to going to trial. A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs for the Board to: 1. Authorize the payment of negotiated easement value to individual property owners, within the project budget; 2. Authorize the County Attorney's office to proceed with legal acquisition of utility easements with court filing, as necessary; and 3. Authorize staff to bring back a budget amendment within the parameters outlined above to cover the cost of acquiring easements for this project. VOTE: UNANIMOUS 8. Reports None 9. County Manager's Report Bonnie Hammersley reviewed the upcoming agenda items for the work session on February 9, 2016 at Southern Human Services Center. Bonnie Hammersley said the update on the Southern Branch Library is an information item she wanted to bring to the Board's attention. 10. County Attorney's Report None 11. Appointments None 12. Board Comments Commissioner Burroughs had no comments. Commissioner Jacobs said at the last Burlington-Graham Metropolitan Planning Organization (MPO) meeting, several vehicles were approved for the Orange County transportation system, as well as expediting bike lanes and sidewalks for Buckhorn Road. Commissioner Price had no comments. Commissioner Dorosin said there was a schools collaboration meeting today, which was effective and positive. Commissioner Pelissier had no comments. Commissioner Rich asked if minutes from the schools collaboration meeting could be distributed to the Board. Commissioner Rich said there is some incorrect information about the Southern Library that is going through the blogs. Commissioner Rich said the Board has a notice from the Orange County Visitor's Bureau about Airbnbs. She stressed the need for the County and its partners to collect appropriate taxes from Airbnbs. 15 Commissioner Price said the Orange County Schools (OCS) had an information session for County Commissioner candidates, where OCS gave an excellent report on all that is happening in the district. She said it would be helpful for the BOCC to hear a similar presentation. Chair McKee said it is campaign season and encouraged all to pay attention to local politics. 13. Information Items • January 21, 2016 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Assessor's Report— Releases/Refunds under $100 • Update on Southern Branch Library Due Diligence and Siting Process • 2015 State of Airbnb in North Carolina and Orange County • Parks and Recreation Council Memo - Disc Golf Course • BOCC Chair Letter Regarding Petitions from January 21, 2016 Regular Meeting 14. Closed Session None 15. Adjournment A motion was made by Commissioner Price, seconded by Commissioner Jacobs to adjourn the meeting at 9:04 p.m. VOTE: UNANIMOUS Earl McKee, Chair Donna Baker, Clerk to the Board