HomeMy WebLinkAboutAgenda - 02-07-2017 - 6-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 7, 2017
Action Agenda
Item No. 6-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
December 13, 2016 BOCC Regular Meeting
January 24, 2017 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 December 13, 2016
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, December
10 13, 2016 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin, Commissioners Mia Burroughs, Barry
13 Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair Dorosin called the meeting to order at 7:03 p.m.
21
22 1. Additions or Changes to the Agenda
23
24 Commissioner Rich asked if the Board of County Commissioners (BOCC) appointment
25 to the GoTriangle Board could be added to the agenda.
26 Chair Dorosin said to add this item as 7-d on the evening's agenda. He reviewed the
27 following items at the Commissioners' places:
28 - White sheet: information about the light rail from Commissioner McKee
29 - Lavender sheet: agenda for GoTriangle's Board meeting tomorrow
30 - Blue sheet: revised proclamation of Bill of Rights, item 6-c
31 - White sheets: PowerPoint for item 7-a
32
33 PUBLIC CHARGE
34
35 Chair Dorosin dispensed with the reading of the Public Charge.
36
37 2. Public Comments
38
39 a. Matters not on the Printed Agenda
40 Robin Jacobs, Executive Director of the Eno River Association, presented the 2017 Eno
41 River Association Calendar to the Board and staff, and thanked the Board of County
42 Commissioners for its on-going commitment to their partnership.
43
44 b. Matters on the Printed Agenda
45 (These matters will be considered when the Board addresses that item on the agenda below.)
46
47 3. Announcements and Petitions by Board Members
48 Commissioner Jacobs petitioned to eliminate the practice of attributing planning efforts
49 to particular Commissioners in the abstracts.
2
1 Commissioner Jacobs asked if the Chair and Vice Chair would come back with a
2 clarification of policy about having the BOCC represented on other boards, in positions that
3 require an elected official; as well as other elected officials serving on BOCC advisory boards,
4 but are not members of the BOCC.
5 Commissioner Burroughs had no announcements or petitions.
6 Commissioner Rich had no announcements or petitions.
7 Commissioner Marcoplos had no announcements or petitions.
8 Commissioner McKee said he handed out a request for information on the light rail
9 project (LRT) containing several categories that he would like GoTriangle provide to the Board.
10 He said his second handout was a list of items to evaluate the viability of the light rail system.
11 These handouts are shown below.
12 Commissioner McKee asked if staff would approach GoTriangle about obtaining this
13 information. He petitioned that an arm's length independent review of the LRT, by a qualified
14 consulting firm, begin immediately. He asked if the GoTriangle budget for the LRT could be
15 posted on the County website, for public viewing.
16
17 Information Request:
18 Expenses:
19 • Report of total expenses by quarter and by category for FY 2014 and 2015
20 • Report of expenses by month and by category for FY 2016
21 • Request that we receive monthly reports for expenses by category going forward to be
22 delivered to finance by the 15th of the following month
23 • Request a clarification of how administration cost are allocated to individual projects
24
25 Income:
26 • Request a definitive statement of what income sources are locked in (sales tax, fees)
27 • Request a concise but definitive statement on what these sources of revenue are being
28 spent on
29 • Report on what if any credit rating Go Triangle has and what interest rate that will
30 currently establish
31 • Report on what the extra cost to the light rail project will be if that interest rate rises by
32 1%
33 • Report on how Orange County would finance the requested (currently) 40,000,000.00
34 and what would the impact be on our credit rating and capacity if we borrow these funds
35
36 Other:
37 • Find the BRT study included in an August 2015 data dump and determine if LRT and
38 BRT are compared using the same assumptions and modeling
39 • Using original plan cost and revenue assumptions, create a flow chart outlining each
40 individual item in the plan and how those assumptions have changed over time using Go
41 Triangle power point presentations
42 • Create a list of firms that have the ability to review the light rail plan and that are not
43 currently engaged with Go Triangle or intending to seek work on this project.
44
45 Environmental
46 • Expected reduction in traffic and reduced travel time 15-501 year-by-year LRT versus
47 BRT
48 • Expected reduction in traffic on NC 54 year-by-year LRT versus BRT
49 • Expected reduction in traffic on 1-40 year-by-year LRT versus BRT
3
1 • Life cycle energy use impact of LRT
2
3 Macro assumptions
4 • Projected price of gasoline in travel demand models
5 • Projected median income in 17 miles corridor year-by-year
6 • Projected interest rates by maturity in financial planning
7 • Copy of application to Fitch for the credit assessment process in advance of a formal
8 credit rating pertaining to DO-LRT funding.
9 • Projected population growth in 17 miles corridor year-by-year
10 • Projected employment growth in 17 miles corridor year-by-year
11 • Projected inflation during building of LRT — details of inflation cost adjustment of budget
12 • Year-by-year projections of sales tax income—with detailed assumptions about sales
13 tax calculations — including population growth for Durham and Orange counties.
14
15 Financial
16 • Year-by-year cost of building LRT (not current $ but actual dollars - including inflation)
17 • Year-by-year cost of building BRT (not current $ but actual dollars - including inflation)
18 • Financial budget year-by-year LRT with clear statement of assumptions/projections
19 • Financial budget year-by-year BRT with clear statement of assumptions/projections,
20 • Year-by-year sources of funding during construction - assumptions clearly stated.
21 Details of the financial plan —amount and anticipated borrowing, Federal, state and local
22 funding.
23
24 Travel prediction models
25 A study equivalent to the Light Rail reported in Appendix K2 of the DEIS for a Bus Rapid Transit
26 (BRT) alternative— as opposed to the `no-build' alternative which is described in the appendix.
27 The BRT should be calibrated with the same inputs as LRT. Peak and off-peak assumptions
28 about frequency and capacity of BRT should be comparable to existing BRT systems already in
29 operation. Assumptions made about BRT versus LRT should be clearly stated. In addition:
30 • cost of building BRT along 17 miles corridor
31 • number of years required to build BRT
32 • Federal and local funding sources for BRT
33
34 Station-by-station information of the following:
35 • Zero-vehicle households within walk access of station
36 • Assumptions about propensity to use LRT by demographic and income group and
37 comparison of these assumptions to experience in other cities with LRT
38 • Low-income households within walk access of station, current and projected
39 • Morning peak boardings and deboardings
40 • Evening peak boardings and deboardings
41 • Assumptions made about population growth
42 • Distribution of residential units, by type (e.g. single family) and price, current and
43 projected
44
45 Ridership
46 • capacity utilization of LRT average during peak and off-peak
47 • capacity utilization of BRT average during peak and off-peak
48
49 Operating costs
4
1 • Operating costs LRT per passenger per trip for first 10 years of operation
2 • Operating costs BRT per passenger per trip for first 10 years of operation
3 • Total LRT cost per trip (operating + maintenance + interest on borrowing + depreciation)
4 • Total BRT cost per trip (operating + maintenance + interest on borrowing + depreciation)
5 • VMT (vehicle miles of transit service) for Durham and Orange County under DO-LRT
6 plan (Vehicle miles of transit service is the total mileage traveled by all the buses (or
7 train cars) in the entire system, reflecting both the route miles of the entire system as
8 well as the frequency of service.)
9 • Current VMT for Wake county
10
11 VMT (vehicle miles of transit service) for Durham and Orange County under BRT plan (Vehicle
12 miles of transit service is the total mileage traveled by all the buses (or train cars) in the entire
13 system, reflecting both the route miles of the entire system as well as the frequency of service)
14 Support systems
15 • Planned feeder bus system for LRT. Details about costs and routes. Make assumptions
16 explicit about sources of funding.
17 • Planned feeder bus system for BRT. Details about costs and routes. Make assumptions
18 explicit about sources of funding
19
20 Chair Dorosin referred to the items at the Commissioners' places, and asked if
21 Commissioner McKee could outline how they relate to his petitions.
22 Commissioner McKee said first page is asking for information for detailed information on
23 expenses, and the second sheet is to be given to consultants to help obtain the viability of the
24 light rail project.
25 Chair Dorosin said other Commissioners may have questions for a consultant as well.
26 He suggested the Manager work with Chair/Vice-Chair by email to put together a
27 comprehensive list to give to the consultant.
28 Chair McKee said his list is by no means comprehensive. He said his intent is not to
29 harass GoTriangle, but the BOCC has a big decision to make in April, which he would like to be
30 based in fact, not emotions.
31 Commissioner Price said she would like a comparison on the light rail with two counties,
32 other than Charlotte.
33 Chair Dorosin said the Legislative Issues Work Group (LIWG) must convene by the end
34 of 2016. He asked if there are two Commissioners willing to serve, through 2017, on this work
35 group.
36 Commissioner Price and Commissioner Marcoplos volunteered to be on the LIWG.
37 Commissioner Rich asked if this group will be addressing State or Federal legislative
38 issues, as there is a deadline for federal issues on January 20, 2017.
39 Greg Wilder, County Manager's Office, said the North Carolina Association of Counties
40 (NCAC) has asked for information to be returned. He said he will work with the LIWG on a list
41 of issues, and disseminate all information to the BOCC for review and comment, prior to
42 submitting it to the NCAC.
43
44 4. Proclamations/ Resolutions/ Special Presentations
45
46 a. Resolution to Honor Pat Sanford and Recognition of the Recipient of Pat Sanford
47 Animal Welfare Grant
48 The Board considered adopting a resolution honoring Pat Sanford for her life's work in
49 the interest of animal welfare and authorized the Chair to sign; and to recognize Pet Pals, Inc.
50 as the recipient of the first annual Pat Sanford Animal Welfare Grant.
5
1
2 Bob Marotto, Orange County Animal Services Director, said he is here, with the Animal
3 Services Advisory Board (ASAB) Chair and Vice Chair, to honor Pat Sanford, as well as
4 recognize Pet Pals as the first recipient of the Pat Sanford Animal Welfare Grant.
5 ASAB Chair Maureane Hoffman read the resolution:
6
7 RES-2016-080
8 ORANGE COUNTY BOARD OF COMMISSIONERS
9 RESOLUTION HONORING PAT SANFORD
10
11 WHEREAS, Pat Sanford contributed tirelessly to animal welfare in Orange County and beyond
12 for many decades, benefiting the people and animals greatly; and
13
14 WHEREAS, Mrs. Sanford served as Executive Director for the Orange County Animal
15 Protection Society [APS] for 17 years, retiring in 2002; and
16
17 WHEREAS, Mrs. Sanford worked to construct a new building for APS and worked to expand it
18 several times afterward; and
19
20 WHEREAS, Mrs. Sanford implemented sterilization of adopted animals to fight pet
21 overpopulation in Orange County; and
22
23 WHEREAS, the APS received the Standards of Excellence Award for facilities and staff in
24 1992, the first in North Carolina; and
25
26 WHEREAS, Mrs. Sanford worked to form partnerships with wildlife experts in Orange County
27 and implemented the first low-cost spay/neuter program; and
28
29 WHEREAS Mrs. Sanford worked to change dog fighting in North Carolina from a misdemeanor
30 to a felony; and
31
32 WHEREAS, Mrs. Sanford secured donations of land and monies for APS (now Paws4Ever) that
33 would fund the creation of its Mebane adoption facility, on-site veterinary clinic, dog park, and
34 training center; and
35
36 WHEREAS, after retirement, Mrs. Sanford went on to serve animals in various other ways,
37 including as a member of the Animal Services Advisory Board for several years; and
38
39 WHEREAS, Orange County Animal Services created a grant in her honor in 2016, to be
40 awarded for a minimum of ten years to organizations or persons showing the same dedication
41 to animal welfare causes that she did during her life's work;
42
43 NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, on
44 behalf of County officials and employees and the residents of Orange County, hereby
45 commends Pat Sanford for her innumerable contributions to improve the quality of living in
46 Orange County; and
47
48 BE IT FURTHER RESOLVED that the Orange County Board of County Commissioners
49 expresses its sincerest appreciation, gratitude and respect to Pat Sanford for her lifetime of
50 service.
6
1
2 A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the
3 Board to adopt and authorize the Chair to sign the resolution honoring Pat Sanford and also
4 recognize Pet Pals as the recipient of the first annual Pat Sanford Animal Welfare Grant.
5
6 VOTE: UNANIMOUS
7
8 Bob Marotto said Pat Sanford could not be here tonight, but he will convey this
9 resolution to her.
10 The inaugural Pat Sanford award was given to Pet Pals of North Carolina, Inc.
11
12 PUBLIC COMMENT:
13 Elliot Cramer said he and Pat Sanford are longtime friends, and she will be pleased with
14 this honor, as well as the new animal shelter. He also commended Bob Marotto. He said the
15 Friends of the Orange County Animal Shelter has received a check for $15,000 from Ithaca NY
16 to be used for heartworm treatment and care for dogs; capture, sterilization, and release for
17 cats; and advertising of adoption and sterilization programs.
18
19 5. Public Hearings
20
21 a. Unified Development Ordinance (UDO) Amendments — Hillsborough Economic
22 Development District
23 The Board conducted a continued public hearing and considered action on government-
24 initiated amendments to the text of the UDO that would modify some development standards,
25 types of permitted uses, and use standards within the Hillsborough Economic Development
26 District (EDD).
27
28 BACKGROUND:
29 This item was heard at the September 12 Quarterly Public Hearing where the
30 BOCC continued the public hearing until the November 1, 2016 BOCC meeting to give staff
31 time to incorporate suggested revisions and time for the Planning Board to review the revisions.
32 Comments made at the September 12 hearing which resulted in revisions considered at the
33 November 1 meeting included:
34 • A suggestion that drive-through facilities be allowed in all EDH zoning districts. A current
35 Development Standard in the Article 3 charts prohibits such facilities in each of the EDH
36 districts. Based on BOCC discussion, the proposed text amendments have been
37 modified to allow drive-thrus in all EDH districts.
38 • Concern over certain Manufacturing uses that are listed in the North American Industry
39 Classification System (NAICS) Code but not desired as permitted uses in the
40 Hillsborough Economic Development District.
41
42 At the November 1 meeting, additional discussion regarding uses contained in the NAICS Code
43 occurred and the public hearing was continued until December 5 (when it was continued again
44 until December 13) to give BOCC members time to review the NAICS Code, provide comments
45 to staff, and for staff to incorporate comments. In the interest of limiting the length of this
46 agenda item, the NAICS Code is not included in this agenda item as it has been included with
47 previous agenda items and is available for viewing in the materials for the November 1 agenda
48 item. The Ordinance in Attachment 3 is the proposal that was presented at the November 1
49 meeting.
50
7
1 As staff has stated in previous meetings, a comprehensive reorganization of the Tables of
2 Permitted Uses to bring the UDO into conformity with a recent judicial decision (Byrd v. Franklin
3 County) is currently underway. Because of this ongoing work and the logistics and legal
4 considerations of working with, essentially, a new Table of Permitted/Prohibited Uses, staff is
5 recommending that the revisions to the uses allowed in the EDH districts be incorporated into
6 the reorganization work. The reorganization project is expected to be discussed by the BOCC
7 at a work session on February 13, 2017 (as a special work session after the Quarterly Public
8 Hearing).
9
10 Since much time and effort has been expended in considering the uses for the EDH districts
11 during 2016, staff suggests that the BOCC direct staff to incorporate the information in
12 Attachment 5 into the reorganization project as the expected direction the County is moving
13 towards for uses in the Hillsborough EDD. While these use modifications would not be effective
14 until the reorganization is adopted (the public hearing is expected for September 2017), staff
15 would be able to incorporate the ideas that have been generated during this 2016 process into
16 the 2017 work, essentially completing part of the discussions that are to occur.
17
18 The proposed UDO amendments in Attachment 4 contain text amendments that have been
19 previously presented/discussed but do not modify the Table of Permitted Uses at this time
20 except to:
21 1. Remove single-family and two-family residential uses and "Temporary Use of a
22 Residential Mobile Home" as permitted uses in the EDH-3 zoning district.
23 2. Add multi-family residential as a permitted use in the EDH-4 zoning district (subject to
24 scope restrictions in Section 5.5.10).
25 3. Add Accessory Uses as permitted uses in all five EDH zoning districts (this corrects an
26 apparent error).
27 4. Clarify in the header of the Table that the Hillsborough EDD utilizes NAICS Sector
28 Numbers, 2012 version.
29
30 Adoption of these amendments will allow an interlocal agreement with the Town of Hillsborough
31 to proceed. The Agreement is in regards to provision of water and sewer services south of
32 Interstate 40.
33
34 The Planning Department and Economic Development Department have reviewed and
35 discussed these amendments and find they further joint goals.
36
37 Attachment 1 contains additional information and analysis regarding this amendment. The staff
38 recommended proposed text amendment language can be found in Attachment 4 within a
39 "track changes" format.
40
41 Planning Director's Recommendation: The Planning Director recommends approval of the
42 Statement of Consistency, indicating the amendments are reasonable and in the public interest,
43 contained in Attachment 2 and in the proposed amendment package contained in Attachment
44 4.
45
46 Planning Board Recommendation: Prior to the public hearing, the Planning Board twice
47 considered the proposed amendments. At its August 3, 2016 meeting, the Board voted 7-1 to
48 recommend approval of the Statement of Consistency and the amendment package. The
49 Planning Board conducted a second review on September 7 to consider edits made by the
50 County Attorney's office after the August 3 Planning Board meeting. At the September 7
8
1 meeting, the Board voted 6-0 to recommend approval of the proposed amendments.
2 Subsequent to the September 12 public hearing, the Planning Board considered the
3 amendments at a special meeting on October 17 (the October 5 regular meeting had to be
4 canceled due to quorum issues). At the October 17 meeting, the Board voted 6-0 to
5 recommend approval of the proposed amendments.
6
7 John Roberts said this is a continuation of the public hearing, and there are five options
8 for the Board's consideration. He said he and staff are recommending for the Board of County
9 Commissioners to go with Option 4, which states Adopt the amendments regarding
10 residential use restrictions only and instruct staff to incorporate the proposed new EDD
11 uses into other current text amendments. The proposed amendments may be adopted
12 restricting certain residential uses within the EDD. The Board would not adopt the proposed
13 new EDD uses but instructed staff to incorporate those uses into the reorganization of the Table
14 of Permitted Uses that the BOCC will consider in 2017 (UDO/Zoning matter 2016-05
15 "Amendments to permitted use tables clarifying permitted and prohibited land uses").
16 Commissioner McKee asked if the adoption of this recommendation would prevent
17 moving forward with other aspects of the planning process.
18 John Roberts said part of this recommendation is that the staff will proceed with the
19 uses for consideration in the amendments to the table of permitted uses that is coming in 2017.
20 Commissioner Dorosin clarified that there was some concern about proceeding with the
21 Hillsborough EDD, and creating inconsistencies with the other EDDs. He said it will take more
22 time to do a comprehensive review the table of permitted uses in the other EDDs. He asked if it
23 is recommended to do those amendments all at one time.
24 John Roberts said making all the amendments at once would avoid potential liability and
25 risk.
26 Commissioner Jacobs said he had some questions at the last public hearing, and asked
27 if these had been answered.
28 Craig Benedict, Planning Director, said staff has made a matrix of all of the Board's
29 questions, and will be answering them as related to the NICS code.
30 Chair Dorosin said the draft matrix was reviewed at agenda review, and it will be placed
31 on an upcoming work session. He said there were many overlapping questions between
32 Commissioners.
33 Chair Dorosin asked if there was any public comment, and there was none.
34
35 A motion was made by Commissioner Price, seconded by Commissioner Burroughs for
36 the Board to close the public hearing;
37
38 VOTE: UNANIMOUS
39
40 A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs
41 for the Board to:
42
43 4. Adopt the amendments regarding residential use restrictions only and instruct staff to
44 incorporate the proposed new EDD uses into other current text amendments. The
45 proposed amendments may be adopted restricting certain residential uses within the EDD. The
46 Board would not adopt the proposed new EDD uses but instruct staff to incorporate those uses
47 into the reorganization of the Table of Permitted Uses that the BOCC will consider in 2017
48 (UDO/Zoning matter 2016-05 "Amendments to permitted use tables clarifying permitted and
49 prohibited land uses"). This option is the staff recommendation shown below and is also the
50 County Attorney's recommendation.
9
1 AND
2 Adopt "Option 4" in the PURPOSE Statement by approving the Statement of
3 Consistency (Attachment 2) and Ordinance (Attachment 4);
4
5 VOTE: UNANIMOUS
6
7 b. Zoning Atlas Amendment— Hillsborough Economic Development District
8 The Board conducted a continued public hearing and considered action on government-
9 initiated amendments to the Zoning Atlas involving five parcels south of Interstate 40 in the
10 vicinity of Old Highway 86 and adjacent interstate right-of-way.
11 John Roberts reviewed the background:
12
13 BACKGROUND:
14 In order to better promote economic development opportunities in the Hillsborough EDD, the
15 Planning Director has suggested amendments to the Zoning Atlas. This item was heard at the
16 September 12, 2016 Quarterly Public Hearing where it was continued to the November 1 BOCC
17 meeting in order to incorporate revisions into a related UDO text amendment (separate item).
18 At the November 1 BOCC meeting, the item was continued to the December 5 meeting to allow
19 additional revisions to the related text amendment. At the December 5 meeting, the item was
20 continued to the December 13 meeting. All or portions of 4 parcels, totaling 166.2 acres,
21 located west of Old Highway 86 are proposed
22 to be rezoned:
23 • from EDH-3 (Economic Development Hillsborough Limited Office with Residential
24 [current name])
25 • to EDH-5 (Economic Development Hillsborough Research and Manufacturing [proposed
26 name]).
27 • Additionally, 17.05 acres of interstate right-of-way is proposed to be rezoned from and to
28 the same districts.
29
30 One 34.58 acre parcel located east of Old Highway 86 is proposed to be rezoned:
31 • from EDH-2 (Economic Development Hillsborough Limited Office)
32 • to EDH-4 (Economic Development Hillsborough Office / Retail [proposed name]).
33 • Additionally, 8.92 acres of interstate right-of-way is proposed to be rezoned from and to
34 the same districts.
35
36 The list of uses that are currently allowed in the EDH-4 and EDH-5 zoning districts and one use
37 (multi-family residential) that is proposed to be added to the EDH-4 district is included in
38 Attachment 4. Please Note: In a related Table of Permitted Uses reorganization project
39 currently underway and expected for further discussion beginning in February 2017, additional
40 uses are expected to be added to the EDH-4 and EDH-5 zoning districts.
41
42 Three overlay districts also apply in the geographic area proposed for rezoning:
43 • Watershed Protection
44 • Special Flood Hazard Area
45 • Major Transportation Corridor).
46
47 No modifications are being proposed to the boundaries of the three overlay districts and
48 requirements related to the overlay districts will continue to apply. This area is not located in a
49 critical or protected watershed, as defined for water supply watershed purposes. Attachment 1
50 contains additional information and analysis regarding this amendment. The proposed
10
1 ordinance, including a map that shows the extent of the proposed rezoning, can be found in
2 Attachment 3.
3
4 Planning staff held a Public Information Meeting on July 26 to explain the proposed
5 amendments affecting the Hillsborough EDD. Five interested persons attended the meeting.
6
7 The Planning Department and Economic Development Departments have reviewed and
8 discussed these amendments and find they further joint goals. Planning Director's
9 Recommendation:
10
11 The Planning Director recommends approval of the Statement of Consistency, indicating the
12 amendments are reasonable and in the public interest, contained in Attachment 2 and proposed
13 amendment package contained in Attachment 3.
14
15 Planning Board Recommendation: At its August 3, 2016 meeting, the Board voted 7-1 to
16 recommend approval of the Statement of Consistency and the Zoning Atlas amendments.
17
18 A motion was made by Commissioner McKee, seconded by Commissioner Price for the
19 Board to close the public hearing.
20
21 VOTE: UNANIMOUS
22
23 A motion was made by Commissioner McKee, seconded by Commissioner Price for the
24 Board to:
25 a. Adopt the proposed amendments by approving the Statement of Consistency
26 (Attachment 2) and Ordinance (Attachment 3).
27
28 VOTE: UNANIMOUS
29
30 6. Consent Agenda
31
32 • Removal of Any Items from Consent Agenda
33 6-d by Commissioner Price
34 6-q and 6-r by Commissioner Rich
35 6-n by Commissioner Marcoplos
36
37 • Approval of Remaining Consent Agenda
38
39 A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for
40 the Board to approve the remaining items on the Consent Agenda.
41
42 VOTE: UNANIMOUS
43
44 • Discussion and Approval of the Items Removed from the Consent Agenda
45
46 d . Resolution in Support of the North Carolina Commission of Inquiry on Torture
47 The Board considered approving a Resolution in Support of the North Carolina
48 Commission of Inquiry on Torture and authorizing the Chair to sign.
49
11
1 Commissioner Price said she pulled the resolution because some one was here to
2 speak to, and receive, this resolution. She read the resolve clause:
3
4 NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners
5 hereby supports the North Carolina Commission of Inquiry on Torture, a 501(c)(3), non-profit
6 organization described at www.nccit.org, created to address the issue of North Carolina's role in
7 secret detention and torture, and to craft a model of accountability that can inspire similar
8 efforts elsewhere.
9
10 PUBLIC COMMENT:
11 Margaret (Peggy) Misch said she submitted this resolution for the Board's consideration,
12 along with the Bill of Rights proclamation, and for the Board to adopt both of these and for Chair
13 Dorosin to read these at their annual reading of the Bills of Rights on December 15th
14
15 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
16 approve the Resolution in Support of the North Carolina Commission of Inquiry on Torture and
17 authorize the Chair to sign.
18
19 VOTE: UNANIMOUS
20
21 n. Orange County Property Naming Policy
22 The Board considered approving the Orange County Property Naming Policy.
23
24 Commissioner Marcoplos said he was reading the guidelines clarified by the Board at
25 the December 5th BOCC meeting. He offered the following wording for the first sentence in
26 section 2.1.5: "property belonging to Orange County may be named for living persons with the
27 following clarifications".
28
29 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
30 approve the amendment in the language of this section.
31
32 VOTE: UNANIMOUS
33
34 A motion was made by Commissioner Price, seconded by Commissioner McKee to
35 approve the now amended Orange County Property Naming Policy.
36
37 VOTE: UNANIMOUS
38
39 q. Recognition of Chapel Hill High School Men's and Women's Cross Country State
40 Championship Teams
41 The Board considered approving a proclamation recognizing the Chapel Hill High
42 School Men's and Women's Cross Country teams on winning the N.C. High School Athletic
43 Association state championships and authorizing the Chair to sign.
44
45 Commissioner Rich said she pulled this item to recognize these teams publicly.
46
47 ORANGE COUNTY BOARD OF COMMISSIONERS
48
49 PROCLAMATION OF RECOGNITION ON
50 CHAPEL HILL HIGH SCHOOL WINNING 2016 STATE CHAMPIONSHIPS
12
1 IN MEN'S AND WOMEN'S CROSS COUNTRY
2
3
4 WHEREAS, on November 5, 2016, the Chapel Hill High School Men's and Women's Cross
5 Country Teams each won the North Carolina High School Athletic
6 Association's (NCHSAA) 3A State Championship meet; and
7
8 WHEREAS, under the guidance of Coach Joan Nesbit Mabe, the women's team won its 11th
9 NCHSAA state championship and its second consecutive title, and the men's
10 team claimed its 10th state title; and
11
12 WHEREAS, through hard work, dedication, teamwork, and commitment, the teams brought
13 honor upon themselves, Chapel Hill High School, the Chapel Hill / Carrboro
14 City Schools District and Orange County;
15
16 NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
17 expresses its sincere appreciation and respect for the Chapel Hill High School
18 Men's and Women's Cross Country Teams and Coach Mabe for their
19 outstanding achievements, and for their inspiration to youth across North
20 Carolina through their dedication, teamwork, and athletic prowess.
21
22 This the 13th day of December 2016.
23
24
25 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
26 approve the proclamation recognizing the Chapel Hill High School Men's and Women's Cross
27 Country teams on winning the N.C. High School Athletic Association state championships and
28 authorizing the Chair to sign.
29
30 VOTE: UNANIMOUS
31
32 r. Recognition of Carrboro High School Women's Volleyball State Championship
33 Team
34 The Board considered approving a proclamation recognizing the Carrboro High School
35 Women's Volleyball Team on winning the N.C. High School Athletic Association state
36 championship and authorizing the Chair to sign.
37
38 Commissioner Rich said she pulled this item because two team members were able to
39 attend the meeting, and she wanted them, and the team, to be recognized.
40 Commissioner Rich read the proclamation:
41
42 ORANGE COUNTY BOARD OF COMMISSIONERS
43 PROCLAMATION OF RECOGNITION ON
44 CARRBORO HIGH SCHOOL WOMEN'S VOLLEYBALL TEAM
45 WINNING THE 2016 STATE CHAMPIONSHIP
46
47 WHEREAS, on November 5, 2016, the Carrboro High School Women's Volleyball Team
48 captured the North Carolina High School Athletic Association's (NCHSAA) 2A State
49 Championship; and
50
13
1 WHEREAS, under the guidance of Coach Steve Scanga, the Carrboro High School Women's
2 Volleyball Team earned its first NCHSAA State title after making it to the final four teams in
3 each of the previous two seasons; and
4
5 WHEREAS, the Lady Jaguars completed the season with a 30-0 record; and
6
7 WHEREAS, through hard work, dedication, teamwork, and commitment, the Lady Jaguars
8 brought honor upon themselves, Carrboro High School, the Chapel Hill / Carrboro City Schools
9 District and Orange County;
10
11 NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
12 expresses its sincere appreciation and respect for the Carrboro High School Women's
13 Volleyball Team and Coach Scanga, for the Jaguars' outstanding achievement, and for their
14 inspiration to youth across North Carolina through their dedication, teamwork, and athletic
15 prowess.
16
17 This, the 13th day of December 2016.
18
19 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
20 approve the proclamation recognizing the Chapel Hill High School Men's and Women's Cross
21 Country teams on winning the N.C. High School Athletic Association state championships and
22 authorize the Chair to sign.
23
24
25 VOTE: UNANIMOUS
26
27 a. Minutes
28 The Board approved the minutes from November 1 and 10, 2016 as submitted by the Clerk to
29 the Board.
30 b. BOCC Rules of Procedure Revision
31 The Board approved several modifications to the BOCC Rules of Procedure.
32 c. Proclamation — Bill of Rights Day
33 The Board adopted a proclamation to officially recognize Bill of Rights Day in Orange County
34 during the month of December 2016 and authorized the Chair to sign.
35 e. Second Reading: Emergency Services Franchise by Ordinance — First Choice
36 Medical Transport, LLC
37 The Board approved on Second Reading the granting of a franchise by Ordinance to First
38 Choice Medical Transport, LLC (First Choice) and the Franchise Agreement under which it will
39 operate — approval on "Second reading" is based on State law requirements that a franchise by
40 ordinance pass two readings in order to be granted by the Board of Commissioners and
41 authorized the Manager to sign.
42 f. Second Reading: Emergency Services Franchise by Ordinance — North State
43 Medical Transport
44 The Board approved on Second Reading the granting of a franchise by ordinance to North
45 State Investment Group, LLC d/b/a North State Medical Transport (North State) and the
46 Franchise Agreement under which it will operate— approval on "second reading" is based on
47 State law requirements that a franchise by ordinance pass two readings in order to be granted
48 by the Board of Commissioners and authorized the Manager to sign.
49 g. Second Reading: Emergency Services Franchise by Ordinance — LifeStar
50 Emergency Services —2023, LLC
14
1 The Board approved on Second Reading the granting of a franchise by ordinance to LifeStar
2 Emergency Services - 2023, LLC (LifeStar) and the Franchise Agreement under which it will
3 operate — approval on "second reading" is based on State law requirements that a franchise by
4 ordinance pass two readings in order to be granted by the Board of Commissioners and
5 authorized the Manager to sign.
6 h. Second Reading: Emergency Services Franchise by Ordinance — South Orange
7 Rescue Squad, Inc.
8 The Board approved on Second Reading the granting of a franchise by ordinance to South
9 Orange Rescue Squad, Inc. (SORS) and the Franchise Agreement under which it will operate —
10 approval on "second reading" is based on State law requirements that a franchise by ordinance
11 pass two readings in order to be granted by the Board of Commissioners and authorized the
12 Manager to sign.
13 i. Purchase of Replacement Ambulance for Orange County Emergency Services
14 The Board approved the purchase of one (1) ambulance at a cost of$216,827 from FESCO,
15 Inc. through a cooperative purchasing agreement that will replace a 2007 model ambulance
16 manufactured by Wheeled Coach.
17 j. Southern Branch Library — Letter of Intent (LOI) to Authorize Negotiating a
18 Development Agreement Regarding the 203 S. Greensboro Street Site
19 The Board approved a non-binding Letter of Intent ("LOI") between Orange County and the
20 Town of Carrboro to authorize the County Manager and Town Manager to begin negotiating a
21 development agreement for a Southern Branch Library on Carrboro's 203 S. Greensboro site.
22 k. Approval of an Interlocal Agreement between Orange County and Orange Water
23 and Sewer Authority (OWASA) for the Construction of a Sewer Main Extension in
24 the Rogers Road Area and Adopting a Prequalification Policy for Contractors
25 The Board approved an Interlocal Agreement between Orange County and Orange Water and
26 Sewer Authority (OWASA), in an amount not to exceed $553,000, for the construction phase of
27 the Rogers Road Sewer Extension Project and approved a prequalification policy for potential
28 contractors, with OWASA administering the prequalification and bidding process and
29 performing construction administration for the project. The OWASA Board of Directors
30 approved the Interlocal Agreement on November 10, 2016.
31 I. Approval of an Interlocal Agreement between Orange County and the Towns of
32 Carrboro and Chapel Hill to Share Costs Related to the Construction of a Sewer
33 Main Extension in the Rogers Road Area and Other Investments
34 The Board approved an Interlocal Agreement between Orange County and the Towns of
35 Carrboro and Chapel Hill to share costs related to constructing a sewer main extension in the
36 Rogers Road neighborhood and to reimburse prior investments made in the community
37 including the construction of a Community Center and community planning activities. Under the
38 agreement, Chapel Hill will reimburse the County for forty-three percent (43%) of the total
39 costs, Carrboro will reimburse the County for fourteen (14%) of total costs, and Orange County
40 will be responsible for the remaining forty-three percent (43%). The Town of Chapel Hill
41 approved the Interlocal Agreement on December 5, 2016, and the Town of Carrboro is
42 scheduled to approve the Agreement on December 13, 2016.
43 m. Orange County/Draper Aden Associates Contract Extension
44 The Board extended the current contract with Draper Aden of Coats, North Carolina for 60 days
45 until March 1, 2017 to insure continued availability of engineering services for Solid Waste and
46 authorized the Chair to sign..
47 o. Fiscal Year 2016-17 Budget Amendment#4
48 The Board approved budget and capital project ordinance amendments for fiscal year 2016-17
49 for the Department of Social Services; Department of Environment, Agriculture, Parks and
15
1 Recreation; County Manager's Office; Animal Services Department; Health Department; and
2 County Capital Project Ordinance (911 Backup Center).
3 p. My Brother's Keeper Community Challenge Recommendation for Movement of
4 Youth (MOY) to be the Lead Agency for My Brother's Keeper (MBK) Orange
5 Initiative
6 The Board supported the recommendation from My Brother's Keeper Community Challenge
7 that unanimously approved for Movement of Youth (MOY) to become the lead agency in the
8 next phase of the My Brother's Keeper (MBK)-Orange County; and encouraged MOY to submit
9 an outside agency application to facilitate BOCC consideration of future financial support if
10 necessary.
11
12 Chair Dorosin referred to the Item J- Southern Branch Library— Letter of Intent (LOl) to
13 Authorize Negotiating a Development Agreement Regarding the 203 S. Greensboro Street Site,
14 noting the Board's approval of this item, and the forward progress on this project. He also
15 noted that the Board approved Items K and L, for interlocal agreements related to the
16 construction of a sewer system in the Rogers Road Community.
17
18 7. Regular Agenda
19
20 a. Technical Resolution Regarding Grandfathering of Projects for School Impact Fee
21 Collection Purposes
22 The Board considered adoption of a technical resolution regarding grandfathering of
23 projects for collection of recently adopted updates to school impact fees. Three possible
24 resolutions are included as options:
25
26 1. As proposed by staff at the December 5 BOCC meeting.
27 2. As proposed by Northwood Ravin, developer of Carraway Village in Chapel Hill.
28 3. Northwood Ravin proposal modified by staff to include an outer time limit on issuance
29 of a Certificate of Compliance (aka, Certificate of Occupancy).
30
31 BACKGROUND:
32 On November 15 the Board of County Commissioners (BOCC) adopted updated school impact
33 fees which will become effective January 1, 2017 (see Attachment 4) with incremental
34 increases each year through 2021. This represented a starting point of 43% of the "maximum
35 supportable impact fee" (MSIF) with increases of 7.5 percentage points each year for four
36 years.
37
38 At the time of adoption, the BOCC directed staff to return with language that would allow for
39 projects that have reached certain project development milestones prior to January 1, 2017 to
40 be "grandfathered" for the 2016 fee levels but to have an outer time limit for the grandfathering.
41 This provision was requested primarily by multi-family developers because the impact fee for
42 multi-family units with 3+ bedrooms will increase on January 1, 2017 by $6,847 per unit in the
43 Chapel Hill-Carrboro City Schools district (CHCCS) and by $8,596 per unit in the Orange
44 County Schools district (OCS). Developers are concerned that projects that have already gone
45 through a lengthy project approval process but are not yet ready to begin construction will be
46 adversely impacted by these increases because financial analyses of these projects took into
47 account the existing impact fee levels ($1,286 in CHCCS and $1,743 in OCS).
48
49 This topic was discussed at the December 5, 2016 BOCC meeting where concerns were
50 expressed by development interests that the construction timeline proposed by staff did not
16
1 allow for a long enough construction timeframe. Northwood Ravin, the developer of Carraway
2 Village in Chapel Hill, proposed additional language that would pertain to projects with at least
3 100 dwelling units. This language is included in the resolution in Attachment 2. Adoption of this
4 resolution would allow an open-ended construction timeframe, provided the 2016 impact fee
5 amount is paid prior to June 30, 2019.
6
7 Staff notes that prior updates to school impact fees, which were first adopted in 1993 and have
8 been updated several times, did not provide for extensive grandfathering of projects. In the
9 past, projects that obtained a building permit prior to the impact fee effective date were allowed
10 to pay the prior fees, even if the certificate of occupancy was issued in the subsequent year(s),
11 but additional consideration was not made for projects that had only approved special use
12 permits or zoning compliance permits. Town of Hillsborough staff has stated a preference for
13 drawing the "grandfather line" at "projects that have active permits and are constructing either
14 buildings or infrastructure on site should be able to pay the current fees. Projects that do not yet
15 have construction authorization despite having conditional or special use permits should pay the
16 fees in place at the time construction is authorized" (see Attachment 6 which includes the
17 reasons for this preference).
18
19 Because of the open-ended nature of the Northwood Ravin proposal, staff has produced a third
20 option (Attachment 3) which includes the language proposed by Northwood Ravin but also
21 requires that a Certificate of Compliance be issued prior to December 31, 2020. The BOCC
22 could also choose to adopt a different construction outer-limit date for projects containing 100
23 or more dwelling units.
24
25 The resolution in Attachment 1 is the resolution proposed by staff at the December 5 meeting. It
26 would allow"grandfathering" for the 2016 fee levels if a building permit application is submitted
27 prior to January 1, 2017, the permit is issued within 180 days, and a Certificate of Compliance
28 (aka, Certificate of Occupancy) is issued within 365 days of building permit issuance. This
29 essentially gives builders one year after a building permit is issued to complete construction and
30 qualify for the 2016 fee levels. (This provision is applicable for any projects that do not have an
31 approved Zoning Compliance Permit - see paragraph below.)
32
33 Also within the resolution in Attachment 1, projects with an approved Zoning Compliance Permit
34 (ZCP) would be given until December 31, 2017 to apply for a building permit(s) and a Certificate
35 of Compliance would have to be issued within 365 days of building permit issuance in order to
36 qualify for 2016 fee levels. A building permit would have to be issued within 180 days of the
37 application date; this provision is included to deter applicants from submitting extremely
38 inadequate permit applications, perhaps in an attempt to "game the system". Most building
39 permits are issued within 30 days of the application date if the plans are done well and require
40 no or only minor revisions. Under the timelines proposed in the attached resolution, the
41 outermost date limit for projects with a ZCP by January 1, 2017 is June 30, 2019 and this would
42 apply only if building permit issuance takes the full 180 day limit.
43
44 Attachment 5 contains graphical presentations of the timeframes, as they pertain to the
45 resolution in Attachment 1.
46
47 At the December 5 BOCC meeting, the BOCC requested information on how many large
48 projects grandfathering may apply to. Staff has requested information from municipal planning
49 staffs but, as of agenda printing deadlines, had received information only from the Town of
50 Hillsborough. Information will be presented at the December 13 meeting, if it is available.
17
1
2 Craig Benedict made the following PowerPoint presentation:
3
4 2016 School Impact Fee Update- Technical Resolution Regarding Grandfathering of
5 Projects for School Impact Fee Collection Purposes
6 Item 7a
7 December 13, 2016
8 Presenter: Craig Benedict, Planning Director
9
10 Option 1- Proposed by Orange County Staff
11 Attachment 1
12
13 Option 2- Proposed by Northwood Ravin
14 Attachment 2
15
16 Option 3- Proposed by Orange County Staff
17 Attachment 3
18
19 RECOMMENDATION(S):
20 The Manager recommends that the Board:
21 • Discuss the grandfathering topic as desired.
22 • Adopt one of the attached resolutions as follows:
23 o Attachment 1 if the BOCC desires to adopt the proposal made by staff at the
24 December 5 BOCC meeting.
25 o Attachment 2 if the BOCC desires to adopt the additional language proposed by
26 Northwood Ravin for projects containing 100 or more dwelling units.
27 o Attachment 3 if the BOCC desires to adopt the additional language proposed by
28 Northwood Ravin for projects containing 100 or more dwelling units and place an
29 outer limit on issuance of a Certificate of Compliance of December 31, 2020.
30
31 Commissioner McKee asked Craig Benedict if he could identify how many projects
32 would fall under this grandfather clause.
33 Craig Benedict said there are two: the Collins Ridge project in Hillsborough, and
34 Carraway Village in Chapel Hill.
35 Craig Benedict said the Special Use Permits (SUPs) in Chapel Hill focus more on
36 square footage as opposed to units.
37 Commissioner McKee asked if the Collins Ridge project with 1,000 units would qualify
38 with Option 3.
39 Craig Benedict said no, as there are still deadlines to have a zoning compliance permit
40 prior to January 1, 2017. He said this project is in the process of a zoning compliance permit
41 on one of the phases. He said there is more work to do, and the project may fall out of the
42 running.
43 Commissioner McKee asked if, given all the restrictions, would any units qualify.
44 Craig Benedict said that is difficult to say.
45 Commissioner Burroughs asked if the differences between the Option 2 and 3 are the
46 ending dates.
47 Craig Benedict said in Option 1, the zoning compliance permit has to be completed by
48 June 30, 2019; and in Option 2, the zoning compliance permit may not be completed but the
49 fee can be paid by June 30, 2019.
50 Commissioner Burroughs asked for clarification between Options 2 and 3.
18
1 Craig Benedict said the fee must be paid by June 30, 2019 but the buildings must be
2 completed by December 31, 2020. He said Option 3 has an end date, while Option 2 is more
3 open ended.
4 Commissioner Burroughs asked if the County gets the money, why is a finish date
5 important.
6 Craig Benedict said staff tied the activity with the fees collected, and the student impacts
7 as close to when impacts within the schools would be expected. He said having it be in a
8 reasonable range, and a bit more finite, would create that connection between the fees paid
9 and the students coming.
10 Commissioner Rich said when discussing grandfathering, an example is given that goes
11 out to 2020, and asked if a project in 2018 would be grandfathered in as well.
12 Craig Benedict said these options only pertain to 2016-17 projects, and all future
13 projects would fall under the existing fee schedule.
14 Commissioner Rich clarified that the fees have been changed, and the grandfathering
15 will only apply to a few projects at this time, and moving forward all projects will fall under the
16 new fees.
17 Craig Benedict said yes.
18 Chair Dorosin referred to Option 3 with the 2020 limit, and asked if a project is not
19 completed, will the developer pay the current fee at that time.
20 Craig Benedict said yes.
21 Chair Dorosin said in 2020, it is likely that these fees will be under reassessment. He
22 asked if there is an opened ended approach taken, could a project potentially avoid the next
23 round of impact fees.
24 Craig Benedict said Chair Dorosin is correct.
25 Chair Dorosin asked if there is a projected timeline for reassessing impact fees in the
26 future.
27 Craig Benedict said this process will most likely occur in late 2021.
28
29 PUBLIC COMMENT:
30 Aaron Nelson said a building permit expires after 12 months. He said Commissioner
31 Rich's question was their first proposal, and he said they are talking about five projects that are
32 eligible to be grandfathered in. He said they would like the Board to approve Option 2, and
33 lower the units from 100 to 90 units. He commended staff for their efforts.
34 Discussion ensued between the Board and Mr. Nelson.
35 Jacob Rogers is with the Triangle Apartment Association, and he thanked the Board for
36 allowing open dialogue. He said he is here to reiterate Mr. Nelson's comments, and is asking
37 for support for Option 2, with the units at 90 instead of 100 units.
38 Adam Golden, Vice President of Development with Northwood Ravin, echoed the
39 previous comments, and thanked the Board for hearing concerns and coming back with viable
40 options. He asked the Board to approve Option 2 with 90 units.
41 Commissioner McKee said it is difficult to anticipate all the variables involved with these
42 large projects, but he is reluctant to support an open-ended approach. He asked if there is a
43 definition for a more open-ended approach, wondering if it would mean 2020 or 2024.
44 Mr. Golden said the end of 2020 should cover most things in his project, but there are
45 always unexpected things, and thus it could go past 2020 for the final end of their project.
46 Chair Dorosin asked if Mr. Golden's project will be built in phases.
47 Adam Golden said yes.
48 Commissioner McKee said he is willing to reduce the number of units to 90, but is
49 uncertain about the lack of an end date.
19
1 Commissioner Marcoplos said he is wondering what the impact would be of bringing the
2 end date, on Option 3, back to June 30, 2020.
3 Commissioner Burroughs said the County will get the funds either way, and school costs
4 will go up, but the County still has the money. She said she is leaning toward Option 2.
5 Commissioner Marcoplos said it is an amount from a previous year, and thus it will be
6 less money.
7 Commissioner Burroughs said it is less money with either option.
8 Commissioner Price commended the business community for speaking up and working
9 with the County on this issue, and, accordingly, she would like to support Option 2.
10 Chair Dorosin said he leans toward having an end date, but he does not have a problem
11 lowering the number of units to 90.
12
13 A motion was made by Commissioner Burroughs, seconded by Commissioner Price for
14 the Board to adopt Option 2 and lower the number of units to 90.
15
16 VOTE: Ayes, 3 (Commissioner Burroughs, Commissioner Price, Commissioner McKee); Nays,
17 4 (Chair Dorosin, Commissioner Rich, Commissioner Marcoplos, Commissioner Jacobs)
18
19 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
20 adopt:
21 Attachment 3 if the BOCC desires to adopt the additional language proposed by
22 Northwood Ravin for projects containing 400 90 or more dwelling units and place an outer limit
23 on issuance of a Certificate of Compliance of December 31, 2020.
24
25 VOTE: Ayes, 5 (Chair Dorosin, Commissioner McKee, Commissioner Burroughs,
26 Commissioner Price, Commissioner Marcoplos); Nays, 2 (Commissioner Rich and
27 Commissioner Jacobs)
28
29 b. Town of Chapel Hill Fire Department Use Agreement For Emergency Medical
30 Services Substation
31 The Board considered approving the attached Town of Chapel Hill Use Agreement for
32 the co-located Emergency Medical Services Substation; authorizing the County Manager to
33 execute the Agreement; and authorizing the County Manager to direct the transfer of
34 appropriated funds to the Town at the appropriate time in accordance with the Agreement.
35
36 BACKGROUND:
37 In 2014 the Chapel Hill Fire Chief approached the County's Emergency Services Director to
38 discuss a partnership in the building of a new co-located Fire/Emergency Medical Services
39 (EMS) station on the current site of Chapel Hill Fire Station #2 on Hamilton Road within the
40 Glen Lennox Subdivision of Chapel Hill. The Orange County Board of Commissioners
41 appropriated $500,000 in the FY2016-17 Capital Investment Plan to contribute to this co-
42 located Fire/EMS Station.
43
44 On February 8, 2016 the Chapel Hill Town Council agreed to prepare a process and costs for a
45 Development Agreement for redevelopment of the proposed co-located station. The Chapel Hill
46 Town Board authorized a final agreement transferring the Town's interests in the property at
47 1003 South Hamilton Road, consistent with the Memorandum of Understanding and consistent
48 with a total Town monetary contribution of$1 million toward the Fire Station.
49
50 Staff from Emergency Services, Asset Management Services, and the Manager's Office has
20
1 met with the Chapel Hill Fire leadership to discuss and agree upon the terms of a co-location
2 use agreement. The attached Town of Chapel Hill Fire Department Use Agreement For
3 Emergency Medical Services Substation has been reviewed by all parties including the Town
4 and County Attorneys.
5
6 Kim Woodard recognized Chapel Hill Fire Chief Matt Sullivan and Deputy Chief Matt
7 Lawrence.
8 Kim Woodard made the following PowerPoint presentation:
9
10 Hamilton Rd. Fire/EMS Station
11 BOCC —Tryon Rd
12 December 13, 2016
13
14 Purpose
15 For the Board of Orange County Commissioners to:
16 Approve the Town of Chapel Hill Use Agreement For the co-located Emergency Medical
17 Services Substation; Authorize the County Manager to execute the Agreement; and Authorize
18 the County Manager to direct the transfer of appropriated funds to the Town at the appropriate
19 time in accordance with the Agreement.
20
21 Project Details
22 • Use agreement between Orange County and the Town of Chapel Hill
23 • County contributes $520,000 for Emergency Medical Services use of one bay, sleeping
24 quarters, parking spaces and shared access to other living quarters in the new station
25 • Use agreement term is for a minimum of twenty years
26
27 Chapel Hill (CHFD) - photo
28
29 Fire Station 2-photo
30
31 Future Fire/EMS Station- photo
32
33 Future Fire/EMS Station-photo
34
35 Project Timeline
36 • Final Town Council approval Sep. 12, 2016
37 • Inter-local agreement pending Dec. 2016
38 • Chapel Hill Fire moves to temp fire station mid to late Dec. 2016
39 • Emergency Services Medic Three remains in Odum Village until project completion
40 • Demolition of existing Station Two Dec./Jan. 2016
41 • One Year construction (complete Jan 2018)
42 • Medic Three transitions to the new station with Chapel Hill Fire
43
44 Manager's Recommendations:
45 That the BOCC:
46 1. Approve the attached Town of Chapel Hill Use Agreement For the co-located
47 Emergency Medical Services Substation;
48 2. Authorize the County Manager to execute the Agreement; and
21
1 3. Authorize the County Manager to direct the transfer of appropriated funds to the Town
2 at the appropriate time in accordance with the Agreement.
3
4 Commissioner Jacobs asked if the brick building will be deconstructed.
5 Deputy Chief Lawrence said the property will be conveyed to the development partners,
6 and by the time the department moves out, it would not have a say in the demolition.
7 Commissioner Jacobs said he was talking about the materials of the actual building.
8 Deputy Chief Lawrence said he does not know the answer to this question.
9 Commissioner Jacobs said he will add the deconstruction of recyclable materials to the
10 motion.
11 Commissioner McKee asked if there is an update about the co-location of EMS and the
12 Fire Department.
13 Kim Woodard said EMS are not yet co-located with Chapel Hill, but will be for this future
14 endeavor. She said this is eagerly anticipated, and all other co-locations are going very well.
15
16 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the
17 Board to:
18 1) approve the attached Town of Chapel Hill Use Agreement For the co-located Emergency
19 Medical Services Substation;
20 2) authorize the County Manager to execute the Agreement;
21 3) authorize the County Manager to direct the transfer of appropriated funds to the Town at
22 the appropriate time in accordance with the Agreement; and
23 4) with the stipulation that the contract with the private entity shall include the recovery of
24 recyclable materials prior to demolition.
25 Commissioner McKee said he is not sure how the last stipulation would impact the cost,
26 but assumes it would increase it. He asked if there is a proposal for how extensive this
27 recovery needs to be.
28 Commissioner Jacobs said the County and the Towns are parties to a recyclable
29 materials recovery ordinance, which requires the recovery of any materials that can be recycled
30 such as bricks, cinder blocks and clean wood.
31 Deputy Chief Lawrence said he did check, and that is their standard practice.
32 Commissioner Marcoplos said he was approached several years ago about
33 deconstruction of the old Mama Dip's restaurant, and he was able to deconstruct it for less cost
34 than demolition. He said Habitat for Humanity will take things out for free, and it is cost
35 effective to do deconstruction.
36 Bonnie Hammersley said she would follow up on this point with the Town of Chapel Hill.
37 Commissioner Jacobs said he wanted to make sure that deconstruction is not being
38 handed off to an entity that was not aware of the local practices, and the Board has an
39 obligation to the larger world to promote environmentally sound policies.
40
41 VOTE: UNANIMOUS
42
43 c. Financial Policy for Outside Agency Funding
44 The Board considered establishing and approving a financial policy for Outside Agency
45 Funding that provides guidance on the appropriation of County funds to the non-profit
46 community, with the scope of the policy establishing funding targets and criteria.
47 Gary Donaldson, Chief Financial Officer, reviewed the background information below:
48
49 BACKGROUND:
22
1 Each year as a part of the budget process, Outside Agencies' applications and scorecards are
2 provided to the County Manager to assist in recommending funding decisions as part of the
3 Manager's Recommended Budget.
4 The Board of County Commissioners then approves funding as part of the Budget Adoption
5 process in June of each year.
6
7 November 2016 Work Session
8 Following a presentation and work session on November 10, 2016, the Board of County
9 Commissioners directed staff to develop a financial policy which specifies the funding
10 methodology for funding Outside Agencies.
11
12 The following five funding scenarios were presented;
13 1) Percent of Budget
14 2) Previous Year's Allocation as Base
15 3) Incremental Unit of Tax Rate
16 4) Dollars Per Capita
17 5) Fixed Dollar Amount
18
19 The percent of budget methodology was determined to be the most appropriate funding option
20 for the County. The County has historically funded Outside Agencies at 1% of the County
21 Budget (Less the Education Appropriation). The BOCC directed staff to increase the funding
22 target from 1% to 1.2%. Based on the FY 2016-17 Approved Budget (Less the Education
23 Appropriation), 1% equates to $1,121,467 and 1.2% equates to $1,345,761.
24
25 The work session included discussion on the merits of capital funding as part of Outside
26 Agency Funding. The general sentiment was that the financial policy be primarily for funding
27 operating expenses, but that there may be an exception for BOCC consideration. The financial
28 policy provides guidance for a capital funding exception (Attachment 1).
29
30 Financial Policy-DRAFT-Attachment 1
31 Outside Agency Funding
32 Orange County provides grants to outside agencies to perform a variety of services for Orange
33 County residents. On annual basis, the County will target 1.2% of the County's General Fund
34 expenditures, less the appropriation for education expenses, for the purpose of funding outside
35 agency operations. The education appropriation includes funds allocated to fund current
36 expenses, recurring capital, long range capital, health and safety contracts, school debt service,
37 and funds provided to the Durham Technical Community College.
38
39 The County Manager shall design an outside agency application and scoring process. This
40 process will be used to evaluate outside agency applications and make recommendations to the
41 Board of Orange.
42
43 County Commissioners on individual outside agency grant awards. A brief justification will be
44 available to the Board of Commissioners to explain the County Manager's recommendations.
45
46 Outside agency grants shall be used to fund an agency's operating expenses. These operating
47 expenses may include personnel, contracted services, debt or loan payments, or other
48 expenses related to the day to day operations of the agency.
49
23
1 The County will not provide capital grants to outside agencies for the purpose of financing
2 facility acquisition or construction, including contributions to capital campaigns. Exceptions to
3 this general policy include the acquisition or construction of a facility owned or leased by the
4 County for the purpose of providing space to outside agencies or space provided to outside
5 agencies that were initiated by or originated as programs of County government.
6
7 The Board of Commissioners may also consider capital funding request that include a
8 repayment feature. The terms and conditions of this repayment would be approved by the
9 Board of Commissioners in a formal agreement between the County and the outside agency.
10
11 Commissioner Rich said the last paragraph of the abstract states that the general
12 sentiment is that financial policy be primarily for funding operating expenses, but there may be
13 exceptions for the BOCC's consideration, and asked if there might be times when the BOCC
14 would look at options from outside agencies.
15 Gary Donaldson said yes.
16 Chair Dorosin said Attachment 1 has two paragraphs of exceptions, and asked if Gary
17 Donaldson is now saying there may be additional exceptions.
18 Gary Donaldson apologized to Commissioner Rich, and said there would be no other
19 exceptions.
20
21 PUBLIC COMMENT:
22 Riley Ruskey mentioned several increasing costs imposed by Orange County, and said
23 the BOCC's appetite for spending the citizen's earnings is just too great. He said he supported
24 not increasing the amount. He said as a US citizen and Veteran, he requested that this policy
25 include the following statement: no County funds will be provided to any agency, organization
26 or entity that aids and abets illegal activities. He said their Orange County government should
27 not be aiding or abetting illegal activities.
28 Hathaway Pendergrass said he is the President of the Board of Directors for the Rape
29 Crisis Center. He said this Center has just embarked on a capital campaign to secure office
30 space, and allowing more options for capital needs is helpful for outside agencies.
31 Commissioner Rich asked if Hathaway Pendergrass would talk about the Center's
32 increased needs.
33 Hathaway Pendergrass said the capital campaign will help the Center expand their
34 services and staff space. He said this organization has existed for 42 years, and recently set a
35 record for most clients served in one month. He said there are more clients, and the Center is
36 seeking to expand services to address more issues. He said there is insufficient staff to fill all
37 of the educational programming that has been requested.
38 Commissioner Jacobs asked if the desired size of space and quantity of funds could be
39 identified.
40 Hathaway Pendergrass said the Center is looking to get into a space larger than 5,400
41 square feet, and is seeking to raise $1.2 million. He said the building costs $800,000, with an
42 additional $400,000 for upfitting. He said the Center is seeking $200,000 from the County with
43 additional requests going to the Towns of Chapel Hill and Carrboro. He said the Center is
44 currently in a suite of condos, and are also on a bus route. He said the new space would be in
45 the same location but with an expansion of space.
46 Commissioner Marcoplos asked if the number of people in need of services could be
47 identified, versus the number of people that the Center is capable of serving.
48 Hathaway Pendergrass said the Center serves between 500-600 people annually, and
49 they are looking to double that number going forward. He said the Center is in a very cramped
50 space, and anonymity is forfeited in this current space.
24
1 Chair Dorosin reminded the Board that it is only discussing a policy change tonight.
2 Commissioner McKee said outside agencies are vital to Orange County, and he does
3 not mind raising the grant amount up to 1.2%, but he does have a problem with expanding the
4 capital policy any more than what is written in the proposal. He said there are several outside
5 agencies that are in the midst of capital campaigns, and if the Board opens that door it may not
6 be able to close it. He said he is concerned that the County will end up picking up all capital
7 costs for outside agencies.
8 Commissioner Rich said she is fine with the target for 1.2%, but she does not like
9 limiting more options for capital funding. She said the Rape Crisis Center is the only
10 organization that provides these services, and she cannot support the portion of the policy that
11 does not provide more options.
12 Commissioner Jacobs said he will vote for this policy, but he is hesitant to increase the
13 funding in advance of the budget process. He said he wants to support the non-profit
14 community.
15 Commissioner Jacobs said he would rather see non-profits, seeking capital funding, to
16 meet with staff about this policy. He said there are ways in this policy to address capital needs.
17 Commissioner Burroughs said she is supportive of the increase in the percentage of
18 funding. She said there are many non-profits that would like to own their own buildings, and
19 rent can be covered in operating costs. She said non-profits often outgrow their space, and
20 renting can allow nimble actions. She said there are so many needs coming at the BOCC from
21 the State and Federal government, and she cannot support broadening the exceptions.
22 Commissioner Price said she has worked with non-profits for years, and it is difficult to
23 find funding for capital costs. She said, in reading the proposal, she sees options for possible
24 discussions regarding capital needs, and it is a good first step. She said changes can be made
25 in the future.
26 Chair Dorosin said 1.2% is a target, and the provisions for capital funding are just that; it
27 is not a commitment one way or the other, and gives the BOCC more options to evaluate on a
28 case-by-case basis.
29
30 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
31 adopt the Outside Agency Funding Financial Policy, as written in Attachment 1.
32
33 VOTE: Ayes, 6; Nays, 1 (Commissioner Rich)
34
35 Two minute break
36
37 7-d GoTriangle Appointment/Representation –added item – no abstract-
38 Chair Dorosin reviewed the background on this item. He said former Commissioner
39 Pelissier contacted him, and asked if she could stay on the GoTriangle Board of Directors until
40 the BOCC picks its boards in January 2017. He said he was not comfortable doing this. He
41 said the next five months is a critical window with GoTriangle. He said this is in no way a
42 criticism of Commissioner Pelissier and her excellent work on this subject, but it reflects his
43 concerns about this time period with GoTriangle.
44 Chair Dorosin said he asked the Manager and the County Attorney about this process,
45 and if the BOCC can appoint someone now or must it wait until January. He said the BOCC
46 has the option to select a new representative to the GoTriangle Board this evening. He said
47 there is a caveat that former Commissioner Pelissier is the GoTriangle representative on the
48 Metropolitan Planning Organization (MPO) and if the BOCC replaces her, it is at the discretion
49 of the GoTriangle Board as to whom it places on the MPO.
25
1 Chair McKee said former Commissioner Pelissier sent an email expressing that if a new
2 BOCC representative is chosen this evening, he/she would not be able to be sworn in before
3 the GoTriangle Board meeting tomorrow evening. He said he is unsure about this component
4 of the process. He said his concern is that the BOCC needs a current Board of County
5 Commissioner to be on the GoTriangle Board of Directors (BOD), and he sees two options:
6 appoint a new representative tonight, who will attend the GoTriangle meeting tomorrow; or not
7 appoint a commissioner tonight and any interested Commissioner could attend the BOT
8 meeting tomorrow and bring a report back to the BOCC. He said Commissioner McKee and
9 former Commissioner Pelissier offered a third option, where a current BOCC member would be
10 appointed this evening, but take effect on January 1, 2017. He said even with this third option,
11 he would like the future appointee to attend the GoTriangle meeting tomorrow. He reiterated
12 this process is not a knock on former Commissioner Pelissier's work. He said it is important
13 that a current Commissioner, rather than a designee, fills seats on an outside board. He said
14 he is also very concerned about the tight timeline facing the Board with the LRT.
15 Commissioner Price asked if there is a reason someone cannot be sworn in.
16 Chair Dorosin said he does not know why this would not be possible.
17 Commissioner Price asked Commissioner Jacobs about the MPO, since he is on this
18 board, and if there would be a steep learning curve.
19 Commissioner Jacobs said every board has its own culture and language, but he feels
20 any Commissioner would be capable of serving.
21 Commissioner Marcoplos suggested that former Commissioner Pelissier be allowed to
22 represent them at tomorrow's meeting at the MPO, and the BOCC appoint someone tonight
23 who would become effective December 15th
24 Commissioner McKee agreed with Commissioner Marcoplos, to let former
25 Commissioner Pelissier represent the BOCC tomorrow, and appoint someone else, effective
26 whatever date the BOCC chooses.
27 Commissioner Rich said she is not in favor of allowing former Commissioner Pelissier to
28 continue as the BOCC representative to the GoTriangle BOD, and would favor appointing
29 someone tonight to represent the BOCC going forward.
30 Commissioner Burroughs said she is comfortable with Commissioner Marcoplos'
31 suggestion.
32 Commissioner Price agreed with Commissioner Rich to appoint someone right away.
33 Chair Dorosin noted that the agenda for tomorrow's GoTriangle Board meeting is at
34 their places, and pointed out that there may be an opportunity to raise several questions that
35 the BOCC has.
36 Commissioner Jacobs thanked Chair Dorosin for putting this item on the agenda.
37
38 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
39 have former Commissioner Pelissier to represent the BOCC tomorrow at the BOD's meeting,
40 and elect another representative effective December 15th, who will attend tomorrow evening's
41 BOD meeting.
42
43 VOTE: Ayes, 3 (Commissioner McKee, Commissioner Marcoplos, Commissioner Burroughs);
44 Nays, 4 (Chair Dorosin, Commissioner Jacobs, Commissioner Rich, Commissioner Price)
45
46 A motion was made by Commissioner Rich, seconded by Commissioner Price to
47 appoint someone tonight, and that person will hold that position for 2017.
48
49 VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
50
26
1 Commissioner Jacobs said the GoTriangle Representative at the MPO meeting
2 tomorrow is former Commissioner Pelissier, and someone needs to contact her with this
3 updated information.
4 Commissioner McKee agreed with Commissioner Jacobs, but said the new appointee
5 needs to be sworn in prior to the MPO meeting.
6 Donna Baker said the BOD meeting is at noon, and the new appointee could be sworn
7 in at that time. She said someone would need to contact former Commissioner Pelissier to
8 communicate the change made this evening, and there would not be a GoTriangle
9 representative at the MPO meeting tomorrow morning.
10 Commissioner Jacobs agreed, and said there is no guarantee that the BOD would
11 appoint the BOCC member to the MPO.
12
13 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to
14 appoint Commissioner Jacobs to the GoTriangle BOD for the remainder of 2016 and all of
15 2017.
16
17 Commissioner Jacobs said Commissioner Marcoplos had also expressed an interest,
18 and he would like to insure that he is accepting of Commissioner Jacobs taking this position.
19 Commissioner Marcoplos said he was approached a few months ago about serving on
20 the GoTriangle Board, and while he is willing, he said Commissioner Jacobs would be the best
21 representative.
22 Commissioner McKee said he appreciated Commissioner Marcoplos being flexible, and
23 putting the interest of the Board above his own.
24
25 VOTE: UNANIMOUS
26
27 Commissioner Jacobs asked the Board to send questions to him before 8:30 a.m.
28 tomorrow.
29 Chair Dorosin said to make sure that Commissioner Jacobs has a copy of the last
30 resolution passed, which contains points of concerns. He asked if Bonnie Hammersley would
31 contact Commissioner Pelissier to update her on this change, and express the Board's thanks
32 for her service.
33 Donna Baker said she will contact the Clerk of the BOD to make her aware of the
34 change, and the need to swear in Commissioner Jacobs.
35
36 8. Reports
37 NONE
38
39 9. County Manager's Report
40 Bonnie Hammersley said at their places the Commissioners have a publication called
41 "Growing Small Businesses in Orange County," created by the Economic Development
42 Department, and reflects the work done from July 1, 2015 to June 30, 2016. She said this is
43 the first publication of its kind in Orange County, but will now be updated annually. She said it
44 will be available on line, as well as hard copy.
45
46 10. County Attorney's Report
47 John Roberts said the General Assembly is back in session, and a disaster relief item
48 was accomplished today.
49
50 11. Appointments
27
1
2 a. Nursing Home Community Advisory Committee —Appointment
3 The Board considered making an appointment to the Nursing Home Community
4 Advisory Committee.
5
6 A motion was made by Commissioner McKee, seconded by Commissioner Rich for the
7 Board to appoint the following to the Nursing Home Community Advisory Committee:
8
9 • Appointment to a full first term (Position #12) "At-Large Nursing Home Administration"
10 position for Vibeke Talley expiring 12/31/2019.
11
12 VOTE: UNANIMOUS
13
14 b. Commission for the Environment—Appointments
15 The Board considered making appointments to the Commission for the Environment.
16
17 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the
18 Board to appoint the following to the Commission for the Environment:
19
20 • Appointment to a second full term (position #2) "At-Large Air Quality" for William Newby
21 expiring 12/31/2019.
22 • Appointment to a first full term (position #6) "At-Large" for Alan Parry expiring
23 12/31/2019.
24 • Appointment to a first full term (position #7) "At-Large" for Alex Nickodem expiring
25 12/31/2019.
26 • Appointment to a second full term (position #8) "At-Large" for Sheila Thomas-Ambat
27 expiring 12/31/2019.
28 • Appointment to a partial term (position #11) "At-Large" for Jeremy Marzuola expiring
29 12/31/2017.
30
31 Commissioner Marcoplos said there are two other openings, for which the committee is
32 recruiting applicants, and asked if this is accurate.
33 Chair Dorosin said the abstract states that three openings will remain, even if the above
34 nominations were approved, and they are for: biological resources, engineering, and general-at
35 large.
36 Commissioner Marcoplos said there are several willing applicants.
37 Commissioner Rich said any applicants must fit these specific categories.
38 Chair Dorosin asked if there are any nominations.
39 Commissioner Marcoplos said he does not know any of the interested applicants, but
40 was interested in understanding the process.
41 Commissioner Price said she has served on this Commission, and said the Chair and
42 Vice-Chair typically review applicants, looking for those with relevant experience, and will then
43 make a recommendation to the BOCC. She said it does not have to be done this way, but has
44 been so typically.
45 Chair Dorosin said Commissioner Marcoplos is welcome to make a recommendation,
46 especially for the at-large position.
47
48 A motion was made by Commissioner Marcoplos, seconded by Chair Dorosin for the
49 Board to appoint Clay Hudson for the at-large position (#13) on the Commission for the
50 Environment.
28
1
2 Commissioner Jacobs asked if this nominee struggled with attendance previously.
3 Donna Baker said yes.
4 Commissioner Jacobs opposed the motion.
5 Commissioner Price said when she was Chair of the Commission, a letter was sent to
6 Mr. Hudson due to his poor attendance.
7 Commissioner McKee said this discussion points to his ongoing concern about making
8 appointments on the fly.
9 Commissioner Marcoplos asked if Mr. Hudson's attendance record was documented or
10 simply known by those involved. He said it would be helpful to have this type of information
11 documented.
12 Donna Baker said attendance records are only for those who are serving on a board at
13 that time.
14 Commissioner Price said there may have been extenuating circumstances, and
15 suggested that Commissioner Marcoplos follow up with a phone call.
16 Commissioner Marcoplos and Chair Dorosin rescinded the motion and second.
17
18 VOTE: UNANIMOUS
19
20 Chair Dorosin said he does not view Commissioner Marcoplos' motion as making
21 appointments on the fly, but rather this is the process available to the BOCC. He said the
22 BOCC could change the process and interview everyone, but he does not feel there is time or
23 resources to operate in that way.
24 Commissioner McKee said he understands these nuances, and does not have a
25 suggestion for a different process. He said "on the fly" is his terminology, and he opposes this
26 method as he has seen some of these previous decisions backfire.
27
28 c. Orange County Planning Board —Appointment
29 The Board considered making an appointment to the Orange County Planning Board.
30
31 Commissioner Jacobs asked if this appointment could be deferred until the Board
32 discusses a policy about having elected officials from other entities serve on their boards.
33 Commissioner Price said she emailed John Roberts, and he said it was fine if the BOCC
34 wanted to appoint an elected official from another board to this board.
35 Commissioner Jacobs said in the past, appointing other elected officials on their boards,
36 has been avoided. He said there is only one applicant, which is not an effective pool.
37 Commissioner Burroughs said Chapel Hill had this situation years ago, and it is really
38 tricky to have a dual role. She said, in this particular instance, she agreed with Commissioner
39 Jacobs.
40
41 A motion was made by Commissioner Price seconded, by Commissioner Jacobs to
42 defer this item.
43
44 VOTE: UNANIMOUS
45
46 d. Orange Unified Transportation Board —Appointment
47 The Board considered making an appointment to the Orange Unified Transportation
48 Board.
49
29
1 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
2 appoint the following to the Orange Unified Transportation Board:
3
4 • Appointment of Justin Miller to a first full term to fill a vacancy (position #14) "At-Large"
5 expiring 09/30/2019.
6
7 VOTE: UNANIMOUS
8
9 12. Board Comments
10 Commissioner McKee said the questions he provided for GoTriangle are not all-
11 inclusive, but are just a starting point. He said he wants to get the conversation started due to
12 the great time restraints.
13 Commissioner Marcoplos said he was one of the first members of a group called Cobalt,
14 to deal with building inspectors. He said this group met, successfully, and helped streamline
15 how code officials implement codes. He said there could be a similar type of group to meet with
16 the various planning departments to help streamline the process.
17 Chair Dorosin said to treat this as a petition, and referred it to staff.
18 Commissioner Rich said the Family Success Alliance (FSA) met, and it is embarking on
19 a community engagement strategic plan. She suggested having Todd McGee, Community
20 Relations Director, involved in these discussions.
21 Commissioner Burroughs had no comments.
22 Commissioner Jacobs thanked Dr. Colleen Bridger for her services as the Orange
23 County Health Director, and wished her well in her move to San Antonio, TX.
24 Commissioner Jacobs said the Ag Summit has been moved to February 20, 2017. He
25 said the two main thrusts of the summit are: what is a bona fide farm; and broadband in rural
26 areas, and how the County is hamstrung and can free residents from corporate dictatorship.
27 Commissioner Jacobs suggested using this part of the agenda to report as liaisons on
28 their various outside boards or conferences. He said some Commissioners do this via email,
29 and some do not do it at all, but it would be helpful for all to receive regular updates on
30 important information.
31 Donna Baker said Todd McGee has developed a reporting sheet for Commissioners to
32 complete after going to conferences, and it has been emailed to the Board. She said this is an
33 additional tool.
34 Commissioner Price went to the Rural Action Caucus Symposium, and broadband in
35 rural areas was a big topic of discussion, due to its widespread impact.
36 Commissioner Price said Bill Ingram, Durham Tech President, has talked with the
37 Manager's office about erecting another building on the Orange County campus of Durham
38 Tech. She suggested putting this topic on a future work session to give Durham Tech some
39 parameters or guidelines, so that all involved are on the same page.
40 Commissioner Price said she attended a book launch at the FRANK that was done with
41 the children from the Rogers Eubanks Neighborhood Association. She said it was a fantastic
42 event.
43 Commissioner Burroughs referred to Commissioner Jacobs' comments on liaison and
44 conference reporting, and said her listening skills tend to wane after the appointments portion of
45 regular meetings, and would encourage emails as a way to communicate these updates.
46 Chair Dorosin said the Orange County Partnership to End Homelessness met this week,
47 and the coordinator will be presenting an update to the Board in early 2017. He said the
48 Partnership is conducting a gaps analysis that will highlight gaps in existing services, as well as
49 provide a broad map for how to move through the system. He said the Partnership is also
30
1 reviewing all of the governments' ordinances to see if there are statutes or ordinances that
2 adversely affect or impact the homeless.
3 Chair Dorosin said North Carolina is the only state in the country that treats all 16 and
4 17 year old offenders as adults, and there are bipartisan reports circling that this may change.
5 Commissioner Price said this will likely be discussed at an upcoming North Carolina
6 Association of County Commissioners (NCACC) meeting.
7 Commissioner Marcoplos said he was listening to the Legislative Committee discussion
8 on this topic, and he heard clear bipartisan support for increasing the age.
9
10 13. Information Items
11
12 • December 5, 2016 BOCC Meeting Follow-up Actions List
13 • Memo Regarding Amendment to FY 2016-17 Approved Outside Agencies
14 • Memorandum - Joint Planning Agreement— Chapel Hill Planning Commission
15 Membership
16 • BOCC Chair Letter Regarding Petitions from December 5, 2016 Regular Meeting
17
18 14. Closed Session
19
20 A motion was made by Commissioner Rich, seconded by Commissioner McKee to
21 adjourn into closed session at 9:56 p.m. for the purposes below:
22
23 "To discuss the County's position and to instruct the County Manager and County Attorney on
24 the negotiating position regarding the terms of a contract to purchase real property," NCGS §
25 143-318.11(a)(5).
26
27 Closed Session Minutes
28
29 VOTE: UNANIMOUS
30
31 RECONVENE INTO REGULAR SESSION
32
33 A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs
34 to reconvene into regular session at 10:20 p.m.
35
36 VOTE: UNANIMOUS
37
38 The Board went into open session to be able to ask specific questions about this proposed
39 acquisition and financing options.
40
41 Chair Dorosin said if OCS uses monies from their CIP to purchase this property, what
42 will happen to their facilities maintenance schedule.
43 Pam Jones said they would reallocate funds over a negotiated period of time and that
44 way they would be able to manage within their existing CIP.
45 Commissioner Jacobs asked what this proposed acquisition would actually be used for.
46 Dr. Wirt said:
47
48 Building 1:
49 • One stop shop from an enrollment standpoint for families to access OCS services,
50 such as nutrition services. This would free up some space at Orange High School
31
1 Building 2:
2 • Alternative learning school (100-150 students) whereas their current Partnership
3 Academy's capacity is approximately 40 students
4 • Evening academy– grades 9-12
5
6 Annex:
7 • Move IT to annex
8 • Possible Fire Academy
9
10 Commissioner Jacobs asked how would they explain to the public the purchase of this
11 property and explain sufficiently enough to CHCCS.
12 Dr. Wirt said by saying an opportunity presented itself to the OCS; the retrofit is limited;
13 expands opportunities for alternative learning school. But he said he did not have an answer in
14 reference to CHCCS.
15
16 Pam Jones said they would track the cash flow in their CIP.
17 Commissioner Burroughs asked how does SAPFO relate to their space needs.
18 Dr. Wirt said their current situation is not a good for families trying to access certain
19 services that are located within a school campus. It does free up some space at OHS.
20 Pam Jones said these are areas outside of the classroom areas and therefore would
21 not affect SAPFO.
22 Commissioner McKee asked does this factor in the need to re-district.
23 Dr. Wirt said this does not address their need to look at student assignments.
24 Commissioner McKee asked about the possible use of bond funds for this purchase
25 instead of the CIP funds.
26 Pam Jones said they had not discussed this –that this would be pay as you go monies.
27 Commissioner McKee asked how does OCS plan to take care of their facility needs
28 which OCS had indicated were inadequate if they plan to use CIP funds.
29 Pam Jones said this is a choice—they still can defer some expenses by re-
30 prioritization.
31 Commissioner Marcoplos asked about the alternative learning aspect and how many
32 more students might they be able to serve.
33 Dr. Wirt said that at this time the maximum they can serve are 40 students (and they
34 are unable to serve middle school students at all) so this would enable them to expand their
35 school and learning options.
36 Commissioner Rich said it is good to look at future needs and centralizing services.
37 Commissioner Jacobs said he is not comfortable fronting the monies for this purchase.
38 Bonnie Hammersley said staffs have talked about the possibility of using impact fees
39 toward the purchase since funding this amount of money would affect the county's debt
40 capacity.
41 Commissioner Jacobs said he felt if they did move forward that this would be setting a
42 precedent for possibly CHCCS to ask for the same consideration at some point. And he felt
43 that the Board was being asked to consider a lot of information on a very short notice.
44
45 Discussion ensued.
46
47 Chair Dorosin said if there was a way to focus on increased capacity, the more this
48 would support the use of impact fees for the purchase.
49 Chair Dorosin asked about the possibility of using bond funds for this purchase.
50
32
1 Discussion ensued.
2
3 Again, Dr. Wirt reiterated again that the OCS staff is going before their OCS Board on
4 January 9t to ask for final approval on this offer for this acquisition, but that it is contingent on
5 Orange County's support.
6 Bonnie Hammersley said that she/staff will work with Pam Jones to flesh out financing
7 options (impact fees/capacity/bond monies) over the holiday break.
8 Commissioner Jacobs requested that there be no commitment to anything by OCS
9 until the BOCC can discuss this further, including the financial options. And that OCS not
10 submit an offer to the OCS Board —just financing options, since the BOCC would not be able to
11 discuss this in open session until January 24, 2017.
12 Pam Jones said staff could try and convince the OCS Board to re-prioritize their bond
13 projects in order to accept an offer to purchase.
14
15
16 15. Adjournment
17
18 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
19 adjourn the meeting at 11:15 p.m.
20
21 VOTE: UNANIMOUS
22
23 Mark Dorosin, Chair
24
25 Donna Baker
26 Clerk to the Board
27
1
1 Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 January 24, 2017
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, January 24,
10 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Mark Dorosin and Commissioners Mia
13 Burroughs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT: Barry Jacobs
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair Dorosin called the meeting to order at 7:02 p.m.
21 Chair Dorosin said Commissioner Jacobs would be unable to attend tonight.
22
23 1. Additions or Changes to the Agenda
24 Chair Dorosin noted the following items at the Commissioners' places:
25 - PowerPoint for item 8-a (two presentations)
26
27 PUBLIC CHARGE
28 Chair Dorosin dispensed with the reading of the Public Charge.
29
30 2. Public Comments
31
32 a. Matters not on the Printed Agenda
33 None
34
35 b. Matters on the Printed Agenda
36 (These matters will be considered when the Board addresses that item on the agenda
37 below.)
38
39 3. Petitions by Board Members
40 Commissioner Price said she had two items pertaining to alternative programming for
41 students. She met with Boomerang and Volunteers for Youth, who serve teenagers and youth
42 throughout Orange County. She said both organizations are in need of transportation for
43 students both on school days and on weekends. She said these organizations will be able to
44 admit more students if there is better transportation. She petitioned the new Director of
45 Transportation to explore ways in which the County may be able to provide bus or minivan
46 transit.
47 Commissioner Price said the Boomerang program could serve many more youth if there
48 was a facility in Hillsborough available for use. She petitioned staff talk to Orange County
49 Schools (OCS) about its acquisition of Orange Charter School's property, and possibly making
50 room for this program there.
2
1 Commissioner Price said she had a Village Circle meeting in Efland, and a question was
2 raised regarding the status of the Efland Village project along the highway 70 corridor.
3 Commissioner Price said she would like to reinforce Commissioner Marcoplos'
4 previously made petition regarding the streamlining of the County's permitting and inspections
5 processes.
6 Commissioner Price said the Orange County representatives on the Northern Transition
7 Area Advisory Committee (NTAAC) have inquired whether the Board of County Commissioners
8 (BOCC) will have advisory board representatives meet and report back to the BOCC this year,
9 as in the past. She said if this is going happen the NTAAC would like to know on what date
10 this will occur. She said NTAAC has been reviewing proposals regarding development on old
11 highway 86, and is seeking an update on any communication the County has had with the Town
12 of Carrboro regarding this topic.
13 Chair Dorosin said staff can review the BOCC meeting calendar and provide this
14 information.
15 Commissioner Rich petitioned to move Board comments up on the agenda, to be
16 combined with petitions.
17 Commissioner Rich said she had some questions about the Town of Mebane and its
18 growth, and how it would affect the OCS system. She said it is important for everyone to be on
19 the same page. She said she received an estimate from Planning Director, Craig Benedict, of
20 an additional growth of 950 students in the next 20 years, and said if OCS does not already
21 have these numbers, they should be passed along.
22 Commissioner Rich said she attended the Family Success Alliance's anti-bullying
23 seminar. She said there will be a hotline for people to call about bullying, and she would like
24 more detailed information that can be passed along to the public.
25 Commissioner Burroughs had no petitions or announcements.
26 Commissioner Marcoplos said he took a tour of Emergency Medical Services (EMS) as
27 part of his orientation program, and he toured the large storage area, where he noted the EMS
28 forklift was broken. He said EMS had not budgeted for this, and he asked if the County could
29 get a new forklift for EMS.
30 Commissioner Marcoplos said he attended the Hillsborough Chamber of Commerce
31 breakfast this morning, and the topic of HB2 came up and its impact on tourism. He said
32 Orange County passed resolutions last year against HB2, but with the economic impact that
33 has occurred, he petitioned a focused resolution be sent to the legislature citing the damage to
34 Orange County.
35 Commissioner McKee said two meetings ago, the Board spoke about land uses in the
36 Hillsborough Economic Development District, and he had asked about a clarification as to
37 whether this delay would affect the Town of Hillsborough's agreement to provide water and
38 sewer. He asked if management could bring back a timeline.
39 John Roberts said Craig Benedict has a draft of the interlocal agreement with
40 Hillsborough. He said as soon as he reviews it he would send it over to Hillsborough.
41 Commissioner McKee petitioned the Board again about a public private partnership to
42 move the utilities process forward. He asked if this could be added to a work session.
43 Commissioner McKee said his final petition pertains to the Board election districts. He
44 said Chair Dorosin presented this topic in April 2016, and the Board should discuss moving to a
45 district elect style of representation in an upcoming spring work session.
46 Chair Dorosin said this issue is tentatively scheduled for a March work session.
47
48 4. Proclamations/ Resolutions/ Special Presentations
49
50 a. Orange County Long Term Care Quality Service Awards
3
1 The Board recognized the winners of the 2016 Orange County Long Term Care Quality
2 Service Awards.
3 Janice Tyler, Department on Aging Director, introduced Aging Board member Yvonne
4 Mendenhall, who reviewed the background on the agencies below, and then announced the
5 winners.
6 Yvonne Mendenhall said that Aging was asked to develop a mechanism to help
7 increase the quality of care provided in Orange County's long-term care facilities and home
8 care organizations. In 2013, the Advisory Board on Aging created the Orange County Long
9 Term Care (LTC) Learning Collaborative to bring administrators and direct-care staff together to
10 learn about and share successful approaches to quality care. This is the third year that the
11 Orange County Advisory Board on Aging and the Long Term Care Learning Collaborative have
12 offered long term care organizations the opportunity to apply for a Long Term Care Quality
13 Service Award. Each year the Advisory Board selects an evidence-based or promising quality
14 program for long term care providers to learn about and implement within the year. This past
15 year the focus was palliative care and the creation of a culture of comfort for older adults living
16 with pain and chronic conditions in long-term care facilities and at home with homecare
17 assistance.
18
19 Winners of the 2016 Long Term Care Quality Service Awards were able to facilitate access to
20 palliative care services when appropriate while creating individualized programs of comfort and
21 pleasure for clients and residents. The five winning organizations are committed to continuing
22 and expanding these programs so that many more individuals, facing pain and suffering, will
23 continue to have opportunities to experience joy and pleasure.
24
25 Winners of the 2016 Long Term Care Quality Service Awards were:
26 • Acorn Homecare Services
27 • Carol Woods Retirement Community
28 • Homewatch Caregivers
29 • Livewell Assisted Living
30 • Visiting Angels of Central NC
31
32 5. Public Hearings
33
34 a. Orange County Consolidated Plan —Annual Action Plan Needs Hearing
35 The Board held a public hearing to receive comments from the public regarding the
36 housing and non-housing needs to be included in the Annual Action Plan Update of the 2017-
37 2018 Consolidated Housing Plan for Housing and Community Development Programs in
38 Orange County.
39 Audrey Spencer-Horsley, Housing, Human Rights and Community Development
40 Director, reviewed the information below:
41
42 BACKGROUND: In May 5, 2015 a Consolidated Plan for Housing and Community
43 Development Programs in Orange County was developed and approved by the Orange County
44 Board of County Commissioners and the U.S. Department of Housing and Urban Development
45 (HUD). This document details the housing needs of very low income, low income and
46 moderate-income families and special population groups in addition to outlining the strategies
47 and plans for addressing those needs.
48
49 Each year, local communities are required to reassess the needs of the community. This public
50 hearing provides an opportunity for the public, public agencies and other interested parties to
4
1 provide input into the Annual Action Plan Update. In addition, the public may comment on
2 proposed uses of an estimated $348,265 in 2017-2018 funds. Orange County is in the third
3 year of the Five Year Consolidated Plan. Information regarding the actual Congressional
4 allocation is not available at this time. Eligible HOME Program activities include: acquisition;
5 new construction; housing rehabilitation; and rental assistance.
6
7 Since the approval of the Consolidated Housing Plan in May 2015, Orange County residents
8 approved a bond referendum of$5 million dollars on November 8, 2016, designed to help
9 create up to 1,000 affordable units throughout the county. With the passage of the bond,
10 Orange County will be able to assist in adding affordable rentals, homeownership opportunity
11 and address other housing needs of low-to-moderate income citizens. The needs assessment,
12 data goals and strategies provided in the Consolidated Housing Plan were incorporated into the
13 development of the Affordable Housing Strategic Plan.
14
15 The 2017 Annual Action Plan will be submitted to HUD on or before May 15, 2017 after
16 approval by the HOME Consortium Members: Orange County, the Town of Carrboro, the Town
17 of Chapel Hill, and the Town of Hillsborough. In order to inform the general public of this
18 opportunity and encourage participation, notices had been placed in The Chapel Hill News and
19 The Herald-Sun, sent to local non-profit agencies and placed on local websites.
20
21 Chair Dorosin said there is an attachment in the agenda that shows a good match up of
22 the two programs.
23 Commissioner McKee asked if any of the monies from last year were reverted.
24 Audrey Spencer-Horsley said all monies have been allocated, and it is expected for all
25 monies to be expended.
26 Commissioner Rich asked if it is known when the County will learn the exact amount of
27 funding that will be received.
28 Audrey Spencer-Horsley said probably late spring.
29 Commissioner Price said it will probably be after April.
30
31 PUBLIC COMMENT:
32 Delores Bailey said she is the Executive Director of Empowerment, which is one of the
33 largest landlords for affordable rentals in Orange County. She said her agency uses HOME
34 dollars, amongst other funding sources. She said there is a huge need for affordable rentals in
35 Orange County. She said her agency buys and renovates homes, as there is not enough time
36 to build homes, and over 80% of their tenants are housing choice voucher holders, with the rest
37 being senior and residents with disabilities. She said her agency is requesting dollars to
38 continue its mission.
39
40 A motion was made by Commissioner Burroughs, seconded by Commissioner Price to
41 close the public hearing.
42
43 VOTE: UNANIMOUS
44
45 6. Consent Agenda
46
47 • Removal of Any Items from Consent Agenda
48 6-c by Commissioner McKee
49 6-e by Commissioner Marcoplos
50 6-g by Commissioner Price
5
1
2 • Approval of Remaining Consent Agenda
3
4 A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to
5 approve the remaining items on the consent agenda.
6
7 VOTE: UNANIMOUS
8
9 • Discussion and Approval of the Items Removed from the Consent Agenda
10
11 6-c: Property Tax Releases/Refunds
12 The Board considered the adoption of a resolution to release property tax values for eight
13 taxpayers with a total of sixteen (16) bills that will result in a reduction of revenue in accordance
14 with North Carolina General Statute 105-381.
15
16 Commissioner McKee wanted to give a clarification, and said the one person listed as
17 McKee is not a member of his family.
18
19 A motion as made by Commissioner McKee, seconded by Commissioner Rich to
20 approve the adoption of a resolution, which is incorporated by reference, to release property tax
21 values for eight taxpayers with a total of sixteen (16) bills that will result in a reduction of
22 revenue in accordance with North Carolina General Statute 105-381.
23
24 VOTE: UNANIMOUS
25
26 6-e: Fiscal Year 2016-17 Budget Amendment#5
27 The Board considered approving budget ordinance amendments for fiscal year 2016-17.
28
29 Commissioner Marcoplos referred to the the charging stations coming from a Duke
30 Energy grant, and asked if the number of charging stations in the County is known, and how
31 much are the charging stations used.
32 Brennan Bouma, Sustainability Coordinator, said there are 16 level-2 chargers since
33 2011, which are anecdotally used more around the southern end of the County and the senior
34 centers. He said the County is working with a private company that owns 2 DC fast chargers
35 on County property, which brings the total number of chargers to 18. He said these funds
36 would provide either two single-plug chargers or one with two plugs on it.
37 Commissioner Marcoplos said he reads this as a grant from Duke Energy, but 15 years
38 ago Duke Energy was charged with violating the Clean Air Act at 13 coal plants, and part of the
39 settlement required Duke Energy to donate money for charging stations and other projects
40 around the State.
41
42 A motion was made by Commissioner Marcoplos, seconded by Commissioner Rich to
43 approve the budget ordinance amendments for fiscal year 2016-17.
44
45 VOTE: UNANIMOUS
46
47 6-g: Unified Development Ordinance (UDO) Text Amendments - Subdivision Regulations
48 and Processes
6
1 The Board considered action on Planning Director initiated text amendments to the Unified
2 Development Ordinance (UDO) modifying subdivision regulations, including modifications made
3 to address BOCC comments made at the November 21, 2016 Quarterly Public Hearing.
4
5 Commissioner Price referred to Item 7, on digital page 180, and asked for clarification of
6 the time period for approval in "5 above." She also asked if section 7 relates to approvals for all
7 applications.
8 Michael Harvey, Current Planning Supervisor, said there is a shelf life for plan
9 approvals, and if filing is not completed within allotted time period then the approval expires.
10 He said there is an option to apply for an extension.
11 Commissioner Price said the agenda item references under item 7 "the time period in 5
12 above" and she cannot locate 5 above.
13 Commissioner Price said the paperwork references a section that is not there.
14 She asked if section 7 relates to approval for all applications.
15 Michael Harvey said yes, it relates to concept plan approval for minor subdivisions, and
16 a different section covers major subdivisions.
17 Commissioner Price referred to the rural buffer, and changes in the lot sizes, and she
18 asked if the Town of Chapel Hill has seen and approved these changes.
19 Michael Harvey said it is consistent with the joint planning/land use planning land
20 agreement. He said the Town has seen these changes, and the minimum lot being quoted
21 here is memorialized in the 1986 document, which has been enforced since that time, and
22 adopted by the Towns of Chapel Hill and Carrboro, as well Orange County.
23 Chair Dorosin asked if the reference to "5 above" is a typo.
24 Michael Harvey said to the motion could be to approve modifying section 2.14.2,
25 subsection c, number 7 to read "any plan or portion thereof not receiving final plat approval
26 within the time period as allotted herein shall be null and void except under the following
27 conditions".
28
29 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
30 approve the amended language change.
31
32 VOTE: UNANIMOUS
33
34 A motion was made by Commissioner Price, seconded by Commissioner Rich to
35 approve the amended text amendments to the Unified Development Ordinance (UDO)
36 modifying subdivision regulations, including modifications made to address BOCC comments
37 made at the November 21, 2016 Quarterly Public Hearing.
38
39 VOTE: UNANIMOUS
40
41 a. Minutes
42 The Board approved the minutes from November 15, 17, 21 and December 5, 2016 as
43 submitted by the Clerk to the Board.
44 b. Motor Vehicle Property Tax Releases/Refunds
45 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
46 property tax values for six taxpayers with a total of six bills that will result in a reduction of
47 revenue in accordance with NCGS.
48 d. Applications for Property Tax Exemption/Exclusion
49 The Board approved the exemption/exclusion of sixteen (16) untimely applications for ad
50 valorem taxation for sixteen (16) bills for the 2016 tax year.
7
1 f. Audit Report Extension
2 The Board extended the completion of the FY 2015-16 audit report to February 28, 2017
3 through an amendment to the audit contract between the County and Mauldin & Jenkins, PLLC
4 and authorized the Chair to sign.
5 7. Regular Agenda
6
7 a. Joint Public Safety Training Facility Work Group
8 The Board considered creating a Joint Public Safety Training Facility Work Group,
9 approve the charge and membership, and appoint two Commissioners to serve on the Joint
10 Public Safety Training Facility Work Group.
11 Dinah Jeffries, Emergency Management Services Director, introduced Chapel Hill Fire
12 Chief Matt Sullivan, Orange Rural Fire Chief Jeff Cabe, and Efland Fire Chief Kevin Brooks.
13 Dinah Jeffries reviewed the background information below:
14
15 BACKGROUND:
16 The Orange County Fire Chief's Council, along with Emergency Services staff, met with the
17 Board of County Commissioners on October 6, 2016. One of the topics discussed was the
18 concept of a Joint Public Safety Training Facility for Law Enforcement, Fire, and Emergency
19 Services (to serve the County and the municipalities).
20
21 Board members expressed support for staff to move forward with establishing a work group and
22 begin fact-finding efforts. Some potential locations/properties have already been identified, and
23 the proposed work group would follow-up on these locations and identify and follow-up on
24 additional locations.
25
26 The work group would also work on identifying and prioritizing the needs of every discipline,
27 developing goals and objectives with timelines, and reaching out to prospective partners. There
28 is no contractual agreement at this time as this effort is only gathering facts to see if this is a
29 beneficial project for all to consider.
30
31 Training facility space is limited in the County and its municipalities. This concept may be a
32 potential solution for many parties and provide the ability to train staff with state of the art
33 equipment/resources and create consistent and equivalent training for all.
34
35 Chief Matt Sullivan said all departments are in support of this joint working group.
36 Chair Dorosin said there are three things to do: approve membership make up, approve
37 the charge, and appoint two Commissioners. He reviewed the proposed composition of the
38 Work Group below:
39
40 4 Law Enforcement Representatives (1 from each municipality and 1 from the Sheriff's Office)
41 • Hillsborough Police Department— Chief Duane Hampton
42 • Carrboro Police Department— Lieutenant Tony Frye
43 • Chapel Hill Police Department— Sergeant Wes House
44 • Orange County Sheriff's Office— Chief Deputy Jamie Sykes
45
46 2 Emergency Services Representatives
47 • Emergency Services — Emergency Management Coordinator Kirby Saunders
48 • Emergency Services — Emergency Medical Services Operations Manager Kim
49 Woodward
50
8
1 1 South Orange Rescue Squad Representative
2 • Chief Matthew Mauzy
3
4 2 County Fire Representatives
5 • Orange Rural Fire Department— Chief Jeff Cabe
6 • Efland Fire Department— Chief Kevin Brooks
7
8 2 Municipal Fire Representatives
9 • Chapel Hill Fire Department— Chief Matt Sullivan
10 • Carrboro Fire and Rescue— Chief Susanna Williams
11
12 3 County Government (2 Commissioners and the Director of Emergency Services)
13 • 2 Board of County Commissioners
14 • Orange County Emergency Services — Emergency Services Director Dinah Jeffries
15
16 Orange County Emergency Services and the County Manager's Office will provide staff support
17 to the work group.
18
19 A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
20 approve the creation of the group and the membership as stated above.
21
22 VOTE: UNANIMOUS
23
24 A motion was made by Chair Dorosin, seconded by Commissioner Price to nominate
25 Commissioner McKee.
26
27 A motion was made by Chair Dorosin, seconded by Commissioner McKee to nominate
28 Commissioner Burroughs.
29
30 VOTE: UNANIMOUS
31
32 CHARGE STATEMENT: It is proposed that the Work Group conduct a study to determine the
33 feasibility of establishing and operating a consolidated fire, law enforcement and emergency
34 medical services training facility in three (3) strategically placed locations within Orange County
35 or one (1) centralized location that can serve the needs of all emergency response agencies
36 and the County's partners.
37
38 Commissioner Rich asked if there is a timeline for how long this group will meet.
39 Dinah Jeffries said this would be discussed at the first meeting.
40
41 A motion was made by Commissioner McKee, seconded by Commissioner Price to
42 adopt the charge that the Work Group conduct a study to determine the feasibility of
43 establishing and operating a consolidated fire, law enforcement and emergency medical
44 services training facility in three (3) strategically placed locations within Orange County or one
45 (1) centralized location that can serve the needs of all emergency response agencies and the
46 County's partners.
47
48 VOTE: UNANIMOUS
49
50 8. Reports
9
1
2 a. Orange County Bus and Rail Investment Plan Updates: Durham-Orange Light Rail
3 Financial Update and Chapel Hill Bus Rapid Transit Project Update
4 The Board received updates the Board of County Commissioners on two capital projects
5 contained in the Bus and Rail Investment Plan (BRIP):
6 • A financial update on the Durham-Orange Light Rail Transit project that resulted in no
7 additional local funds being needed in a base case scenario; and
8 • An update on the Chapel Hill North-South Corridor Bus Rapid Transit project and related
9 costs.
10
11 Travis Myren said this would be the first of several updates, leading up to the approval
12 and adoption of the Bus and Rail Investment Plan. He said this plan not only establishes transit
13 services, but is also the document that formally allocates transit taxes and fees to fund these
14 projects. He said it is hoped that by February 16th there will be a draft plan to review, with a
15 final draft on March 7th, and possible approval in April.
16 Travis Myren said Davenport and Company has been retained to do the financial review,
17 and staff will also be engaging a consultant to review value-engineering options. He said the
18 Board directed the Manager to discuss with Durham County financial cost sharing, and those
19 contacts have been made.
20
21 BACKGROUND:
22 The BRIP in Orange County governs the allocation of transit taxes and fees to various transit
23 services. Over the next three months, the Board of Commissioners along with the other parties
24 to the Plan will be asked to consider updates to the Plan. Two significant projects contained in
25 the Plan include the Durham-Orange Light Rail Transit (D-O LRT) Project and the Chapel Hill
26 Bus Rapid Transit (BRT) project.
27
28 Update on Financial Status of the D-O LRT Project—On December 5, 2016, the Board of
29 County Commissioners adopted a non-binding memorandum of understanding to help address
30 a $250 million projected funding shortfall in the D-O LRT Project. This memorandum was
31 intended to support GoTriangle's application to the Federal Transit Administration (FTA) for the
32 federal share of the project. Since that time, GoTriangle's financial advisor has restructured
33 project financing in a way that eliminates the need for additional local funds in a "base case"
34 scenario. The base case is a scenario where current assumptions on project costs and
35 revenues are sustained throughout the duration of the project.
36
37 During this report, GoTriangle staff will explain how the funding gap was eliminated in the base
38 case scenario and the sensitivity analysis that was included in its application to the FTA that
39 shows the conditions under which additional local funds may be required if current assumptions
40 do not hold.
41
42 The Board of Commissioners also directed the County Manager to engage a consultant to
43 conduct an independent review of finances and value engineering choices for this project. The
44 County has executed an agreement with its financial advisor, Davenport & Company, to review
45 the financial model. GoTriangle staff has indicated that the value engineering options will not
46 be evaluated until the agency has an engineer under contract to proceed with the future design
47 of the project. As a result, staff will identify a consultant unrelated to the project after that
48 decision has been made. The Board also directed the Manager to contact Durham to initiate
49 discussions of reevaluating the split in funding based on changes in mileage and differences in
10
1 economic development opportunities between the two counties. The County Manager's Office
2 has initiated this scheduling request.
3
4 The full scope of the D-O LRT Project will be reviewed as part of the County's update of the
5 BRIP in Orange County. The allocation of taxes and fees to this project, as well as other
6 portions of the BRIP, will be considered as part of the Plan update. Based on the current
7 schedule, the Board will receive a presentation of the initial draft Plan during a work session on
8 February 16, receive the final draft on March 7, and consider approval of the Plan on April 4.
9
10 Chapel Hill Transit Update on North-South Corridor BRT Project—The Board of Commissioners
11 also requested a review of the Chapel Hill BRT Project and its related costs. The Town of
12 Chapel Hill completed an alternatives analysis for the project. Subsequently, the Metropolitan
13 Planning Organization approved an amendment to the Locally Preferred Alternative (LPA) and
14 to the Metropolitan Transportation Plan to expand the scope of the project. The new LPA has
15 been submitted to the FTA to enter project development.
16
17 The current BRIP identifies a total project cost of$24.5 million while the expected cost of the
18 new LPA is currently estimated at $125 million. The current BRIP dedicates $6.1 million in local
19 transit taxes and fees, or approximately 25% of the total costs, to this project. The proposed
20 revision to the BRIP would increase the allocation of Orange County's transit taxes and fees to
21 $37.7 million. This increase will also be part of the upcoming update to the BRIP scheduled for
22 February and March with possible approval April 4.
23
24 Danny Rogers, GoTriangle, said the Board forwarded questions that GoTriangle is
25 working on and will have full information in February. He made the following PowerPoint
26 presentation:
27
28 Financial Plan Update
29 Orange County Board of County Commissioners
30 January 24, 2017
31
32 Refined Financial Plan Model Eliminates Gap
33 • Previously identified revenue sources (sales tax and vehicle registration fees)
34 completely fund Durham-Orange Light Rail Project
35 • Gap elimination applies to the Base Case
36
37 How was the Gap Eliminated?
38 • Refinements to Financial Plan for more efficient borrowing
39 - Short-term cash flow financing replaced with medium-term Limited Obligation
40 Bonds (LOBs)
41 - LOBs changed from a single issuance to 3 separate issuances to reduce interest
42 cost and provide cash flow relief
43 - TIFIA principal payment deferred an additional 3 years
44 • Increased assumed interest rates to a more conservative 4% for the LOBs and 5% for
45 the TIFIA Loan
46
47 What is the Base Case?
48 • The base case is the expected scenario for costs and revenue growth
49 - Expected sales tax growth as provided by Moody's
11
1 - More conservative financing cost than previously presented and significantly
2 higher than available today
3 - State participation at 10%
4 • Includes all of the elements from the Original Orange County Bus and Rail Investment
5 Plan
6 - GoTriangle's existing and expansion bus services and capital investments
7 - Local share of CHT and OPT's expansion bus services and capital investments
8 per the D-O Transit Plans, funded at a higher level than in the original D-O
9 Transit Plans
10 - North-South Corridor Bus Rapid Transit (N-S BRT) Project, managed by Chapel
11 Hill Transit
12 - D-O LRT Project
13 - Hillsborough Train Station
14 - NCCU Station
15 • Does not include:
16 - Durham-Wake Commuter Rail Project
17
18 Accounting for Uncertainties
19 • Significant contingency in D-O LRT capital cost
20 • Cash Reserves for Operating and State of Good Repair
21 • Sensitivity Analyses requires some additional local revenue or cost mitigation
22 - 10% capital cost increase for D-O LRT Project (similar to 0% state funding
23 share)
24 - Lower-than-expected sales tax revenues
25 - Higher than anticipated interest rates
26 • Working with local government partners and Funding and Community Collaborative to
27 develop plan to address sensitivity scenarios
28 - Financial Summit held 1-18-17
29 - Continuing work with Staff Working Group to update County Transit Plans —
30 update expected this Spring
31
32 The Original D-O LRT Project Cost has increased by 4% since 2011 D-O LRT Proposed
33 Budget.
34
35 Commissioner Price said GoTriangle has a new scenario that pushes financing out
36 three years. She asked if this will last over time.
37 Danny Rogers said it had to be pushed out so that financing would work. He said the
38 TIFIA (Transportation Innovative Finance Infrastructure Act) loan is a long-term loan that would
39 start after the project is complete, and would be paid off over time. He said the LOBs (Limited
40 Obligation Bonds) would be shorter term, and would happen while the project is under
41 construction, being paid off before the TIFIA loan begins. He said this allows the funds
42 identified for transit plans to be the funds that are used for transit plans. He said other
43 revenues would not have to be found.
44 Commissioner Price asked if the final cost of the project is known, since a loan is being
45 added and financing pushed out.
46 Danny Rogers said the cost is the same. He referred to a slide that overviewed the
47 finances. He said the TIFIA loan would be paid off in 2062.
48 Chair Dorosin asked if clarification could be given regarding the types of loans.
49 Danny Rogers said TIFIA is a federal program that has been around for many years for
50 major infrastructure projects. He said it allows for loans on very favorable terms.
12
1 Commissioner Price said this proposal eliminates the gap but stretches out the financing
2 to 2062.
3 Danny Rogers said the TIFIA loan has always been a part of the plan.
4 Commissioner Burroughs referred to the LOB, and said the gap is eliminated, but there
5 is additional interest. She asked if the total of additional interest is known.
6 Danny Rogers said the LOBs are short-term loans, which allows for cash flow while
7 waiting for federal dollars to come in. He said this will actually be more efficient and less
8 expensive.
9 Commissioner Burroughs asked if the LOBs have better interest rates than the short-
10 term cash flow financing.
11 Danny Rogers said yes.
12 Commissioner Burroughs referred to the base case, and asked if more clarification
13 could be provided.
14 Danny Rogers said everything that was promised in the plan will be provided, but the
15 cost to complete it has increased. He said State and Federal funds are less than originally
16 expected.
17 Commissioner Burroughs referred to the wording that states it is being funded locally at
18 a higher level, and asked if this information is broken out somewhere.
19 Danny Rogers said that was part of the presentation in December.
20 Commissioner McKee asked if the $3 billion mark will be hit.
21 Danny Rogers said he is pretty sure this will not happen.
22 Commissioner McKee said this project started off in 2011 using 2011 dollars and
23 progressed a bit over time. He asked if$1.37 billion in 2011 dollars could be translated into the
24 year of expenditure dollars at that time.
25 Danny Rogers said the original project was a little over $1.8 billion.
26 Commissioner McKee said the true increase in cost is from $1.8 to $2.476 billion.
27 Danny Rogers said it is two different projects because additions were made. He said
28 one addition is joint development, which is an optional program at about $130 million added to
29 the project, to allow the opportunity to take advantage of a program that Federal Transportation
30 Authority (FTA) has made eligible. He said if that program is not taken advantage of, then the
31 cost does not occur. He said another $100 million is for the station at North Carolina Central
32 University. He said the comparison is really $1.8 to $2.2 billion. He said there is additional cost
33 of completing the project in 2026 instead of 2025. He said the 2011 plan did not include
34 financing costs, but the 2016 plan does, as it is eligible for federal funding. He said the actual
35 cost has only increased by 4%.
36 Commissioner McKee said there are some very smart people working for GoTriangle,
37 but he is concerned that some very significant information has not been included over the
38 years. He said in very recent meetings it was presented that Orange and Durham counties
39 would have to pick up the cost of the reduced funding from the State and Federal governments;
40 but this evening the presentation is stating that no additional local funds are needed. He said
41 he simply cannot understand this change. He asked if the rationale for reducing the capacity of
42 the platforms can be explained, given the ever increasing needs for public transportation in the
43 region.
44 Danny Rogers said as far as having a gap in December, and now not having a gap, he
45 said financial experts are involved and it is always the goal to improve the plan. He said
46 GoTriangle is trying to work with Orange County and share all the information that is available.
47 Commissioner McKee said his questions are not directed to him personally. He said it is
48 a concern to him that the commuter rail was very important to Durham, and this has been
49 removed from the plan. He asked if there is a reason that this was removed.
13
1 Danny Rogers said at the beginning of this process, the referendum had not passed.
2 He said the BRT was included in the manner that it was, was due to it being submitted to the
3 FTA for project development. He said as the plan is updated, the county transit plans will be
4 evaluated to see how Durham County can work with Wake County to get the commuter rail.
5 Commissioner McKee asked if the final payout date on the loans, from the original
6 plans, could be identified.
7 Danny Rogers said he does not know the date from the 2011. He said the current date
8 is 2062.
9 Commissioner Marcoplos referred to the change from a three car to a two-car platform,
10 and asked if the impact on ridership numbers, and cost per rider could be identified.
11 Danny Rogers said the two car to three car platform is a value engineering opportunity.
12 He said the analysis of the ridership on this line is a very efficient evaluation. He said the
13 Durham/Orange line has multiple destinations along it, causing people to get on and off the line.
14 He said this will enable more people to be carried on this line, as the destinations are spread
15 out; as opposed to being co-located, as they are in Charlotte. He said two car trains can carry
16 a lot of people; and when capacity is met, the frequency can be increased. He said the two-car
17 platform is the affordable option, and also has some design benefits.
18 Commissioner Marcoplos said it would be useful to know the projected fuel and battery
19 costs, types of fuel for light rail and BRT; and to make comparisons between the two types of
20 transportation.
21 Commissioner Price asked if the payoff is in 2062, how do repairs fit into this scenario.
22 Danny Rogers said part of the reason the TIFIA is allowed to go out to 2062 is because
23 it is an even payment from day one, allowing other things to be done. He said there is a "state
24 of good repair" fund within the plan.
25 Commissioner McKee said he assumed that the monies from the 1/2 cent sales tax will
26 be required until 2062.
27 Danny Rogers said the plan is based on the assumption that the sales tax would be
28 there until 2062. He said an analysis could be completed to determine what would happen if
29 the sales tax was not there, if so desired by the Board.
30 Commissioner McKee asked if some revenue source will be needed from Orange
31 County and Durham County until 2062.
32 Danny Rogers said yes, under the current payout plan, until 2062. He said it could be
33 paid off faster if desired, but, due to the low interest rates, and that the length of payoff is
34 allowed, it makes more sense to use funds elsewhere and pay off the TIFIA loan over a longer
35 time.
36 Brian Litchfield, Chapel Hill Transit Director, presented this portion of the PowerPoint:
37
38 North-South Corridor Bus Rapid Transit Project
39
40 Board of County Commissioners
41 Orange County, NC
42 January 24, 2017
43
44 Agenda
45 • Project Background
46 • The Locally Preferred Alternative (LPA)
47 • LPA Costs and Funding Sources
48 • Project Schedule and Phasing
49 • BRT Coordination with Local and Regional Service
50 • Questions/Feedback
14
1
2 Context and Vision
3 Prepares the Town to meet mobility demand as the region continues to grow:
4 • Current system operates close to maximum capacity
5 • Proposed system provides a long-term, scalable solution available to residents and
6 visitors of the community
7 • Connects to regional transit options
8 • Supports current and planned development in the corridor with a multi-modal system
9 that serves cyclists, pedestrians and other users
10
11 North-South BRT Project Background
12 • Expands on previous regional and local planning
13 • Continues key theme identified in the Chapel Hill 2020 Comprehensive Plan — "Getting
14 Around"
15 • Help provide a high-level of transit service to a critical transportation and development
16 corridor and will serve as the backbone for a BRT system throughout the Chapel Hill
17 Transit service area
18
19 Context and Vision
20 Prepares the Town to meet mobility demand as the region continues to grow:
21 • Current system operates close to maximum capacity
22 • Proposed system provides a long-term, scalable solution available to residents and
23 visitors to the community
24 • Connects to regional transit options
25 • Supports current and planned development in the corridor with a multi-modal system
26 that serves cyclists, pedestrians and other users
27
28 North-South BRT Project Background
29 2009
30 2035 Chapel Hill and Carrboro Long Range Transit Plan (final draft; 2008$). Conceptual BRT
31 from Eubanks to UNC and expanded express service from UNC to Southern Village; Capital
32 Cost - $132,952,400
33 2012
34 Orange County Bus and Rail Investment Plan (OCBRIP). BRT from 1-40 to UNC. Plan allocated
35 $22,100,000 in 2011$
36 • $6M (25%) from local funds; remaining from State (25%) and Fed (50%)
37 2014
38 North-South Corridor Study Kick-Off
39 2016
40 North-South Corridor Study LPA Identified and Adopted
41 2016-2017
42 OCBRIP Update
43
44 North-South Corridor Study Kick-Off(map)
45
46 Outreach
47 Significant public involvement throughout the study: open houses, community meetings,
48 updates to various stakeholders and Boards.
49
15
1 Regular Committee Meetings over 30-months schedule: Technical and Policy Committees.
2
3 Rounds of presentations to conclude the study:
4 • Chapel Hill Town Council —April, 2016
5 • BOCC — May, 2016
6 • DCHC MPO —August, 2016
7
8 Decision-Making Process
9 Process guided by:
10
11 The Technical and Policy Committee
12 • Review of the technical analysis
13 • Review project deliverables
14 • Develop and approve recommendations
15
16 Members of the public
17 • Provide input and feedback throughout the study process
18
19 Study Committees Participants
20 North Carolina Department of Transportation
21 Town of Chapel Hill/Chapel Hill Transit
22 Town of Carrboro
23 University of North Carolina at Chapel Hill
24 UNC Health Care
25 Chapel Hill-Carrboro Chamber of Commerce
26 Downtown Partnership
27 Orange County
28 GoTriangle
29 Chapel Hill Transportation Board
30 Carrboro Transportation Advisory Board
31 Durham-Chapel Hill-Carrboro MPO
32
33 Chair Dorosin referred to slide number 12, and asked if a decision of which of the three
34 alternatives (dedicated curb lane: new construction; dedicated center lane: new construction; or
35 dedicated curb lane: convert existing lane) will be made in the timeframe noted on the slide.
36 Brian Litchfield said yes, this decision will be made between FY17-18.
37 Commissioner Rich asked if there is a need to acquire additional land with any of the
38 three options.
39 Brian Litchfield said the current plan is to use existing right of way, but this may change
40 during the design phase. He said in the university environments there will be no new lanes
41 built.
42 Commissioner Rich asked if lanes would be crunched where cars would usually drive.
43 Brian Litchfield said each of the options have different pieces to them, and he walked
44 the Board through this slide. He said in the Southern Village area there would be dedicated
45 curb lanes that would be constructed, while the area near UNC Hospital would use exiting
46 infrastructure. He said in the down town area from Franklin Street through Estes, there will be
47 a dedicated curb lane, which would use an existing lane as a dedicated bus lane. He said
48 each scenario is fluid and can be mixed, matched, and moved around.
49 Commissioner McKee said his concern is for downtown Chapel Hill, and asked if there
50 will be only one car lane, since the other one would be used for BRT.
16
1 Brian Litchfield, said under the current plan, there would be one car lane. He said this
2 scenario could change, but that is their plan now.
3 Commissioner McKee asked if it is possible to acquire additional right of ways.
4 Brian Litchfield said downtown presents a challenge, as it is a constrained area. He said
5 the NC Department of Transportation (NCDOT) controls most of the area.
6
7 Federal Process (graph)
8
9 AA (NSC Study) and Project Development Tasks (graph)
10
11 LPA Summary (graph)
12
13 8.5K Rides
14 Scale of Magnitude (graph)
15
16 Capital Cost by Segments
17
18 Without BRT Investment in the North-South Corridor
19 • Transit trips will take up to 9 minutes longer- and will likely get worse as congestion
20 increases
21 • Traffic congestion will increase - driving through the corridor will take longer
22 • Buses will become more crowded and less reliable as they're stuck in traffic
23 • Additional parking spaces will be necessary throughout the corridor
24 • Development patterns will be less transit-supportive
25
26 FTA Region IV BRT-Small Starts
27 Jacksonville
28 • 5 BRT alignments
29 • 57 miles
30 Pinellas Suncoast Transit Authority
31 • Central Ave. BRT proposal
32 • Project Development Phase
33 Wake County/Raleigh
34 • 17 miles
35 • -$20M/mile
36
37 Federal Small Starts Process (graph)
38 North-South BRT was accepted into FTA's Project Development (PD) in November 2016
39
40 Questions, Comments, Discussion
41
42 Commissioner Price asked if dedicated right of ways could not be secured in downtown
43 Chapel Hill, would these buses be allowed on regular lanes.
44 Brian Litchfield said yes.
45 Commissioner Price asked if there will be other buses at the Eubanks Road Park and
46 Ride.
47 Brian Litchfield said yes. He said both GoTriangle and Triad buses currently use this lot,
48 and more, and other, buses are anticipated as this plan moves forward.
17
1 Commissioner Price said the Eubanks Road Park and Ride lot is very close to a transit
2 dependent community, and asked if there is any possibility that the proposed buses could go to
3 the Rogers Road Community Center.
4 Brian Litchfield said the possibility of this bus line extending further is something to
5 consider in future phases. He said the existing services in this corridor will be realigned to
6 better serve the surrounding communities, and the Rogers Road community is of interest and
7 concern.
8 Commissioner McKee said he appreciated Brian Litchfield reporting in year of expense,
9 and he wished all plans would do that.
10
11 Public Comment:
12 Tom Farmer said he is in support of this Durham Orange Light Rail project. He read a
13 handout, which is on file in the Clerk's office.
14 Bonnie Hauser thanked the Board for asking Mr. Litchfield to speak tonight, and she and
15 her groups are in support of the BRT plan over light rail.
16 Alex Cabanis said he liked the presentation by Mr. Litchfield, and he supports the plan
17 for BRT over the light rail plan.
18 Chair Dorosin said this is not an action item, but just a report. He said the Board can
19 anticipate regular updates and information from GoTriangle over the next several months.
20 Commissioner Rich said there is a web page dedicated to Light Rail, which will be
21 updated as needed.
22 Commissioner Rich asked if the date of the work session could be provided.
23 Bonnie Hammersley said on February 7th or the 16th.
24 Commissioner Price said these items dealt with Chapel Hill, and asked if there will be
25 bus updates for the rest of the County.
26 Travis Myren said the Board will go through the funded, but not yet implemented,
27 services at the BOCC retreat on January 27th.
28
29 A motion was made by Commissioner McKee to notify the FTA that Orange County
30 withdraws the December 2016 letter of intent due to information received indicating additional
31 local funding no longer being needed.
32
33 No second.
34
35 Motion dies.
36
37 Chair Dorosin said this is a controversial issue, but ultimately everyone has the shared
38 goal of getting all the information conveyed in the most clear and accessible way, so that the
39 decisions made are based on a shared set of facts and assumptions.
40
41 9. County Manager's Report
42 Bonnie Hammersley said there is a Bus and Rail page on the County's website. She
43 said all PowerPoint presentations will be added to this page.
44 Bonnie Hammersley introduced Theo Letman, the new Orange County Transportation
45 Director.
46
47 10. County Attorney's Report
48 NONE
49
50 11. Appointments
18
1 NONE
2
3 12. Board Comments
4 Commissioner McKee thanked the staff for getting the Bus and Rail information page on
5 the County website.
6 Commissioner McKee said he attended an ABC Board meeting, and he will forward his
7 notes to the Board, especially as pertains to the ABC Board's finances.
8 Commissioner McKee said he attended the Burlington-Graham Metropolitan Planning
9 Organization (MPO), and the Upper Neuse River Basin Association (UNRBA) meeting. He will
10 forward his notes from these meetings to the Board as well.
11 Commissioner Marcoplos had no comments.
12 Commissioner Burroughs said the Board should consider what may happen if HOME
13 funds are not received, and review which departments will be most strongly effected, and then
14 prepare the public for this possibility sooner rather than later.
15 Commissioner Rich said she may have misspoke about putting GoTriangle Transit on a
16 work session.
17 Travis Myren said it is scheduled for the February 16th work session.
18 Commissioner Price attended the North Carolina Association of County Commissioners
19 (NCACC) Legislative Goals conference, and she emailed the Board the five priorities. She said
20 one of interest is raising the age of juvenile jurisdiction from age 16 to 18.
21 Commissioner Price said she attended the Phoenix Academy mid-year graduation. She
22 said Commissioner Burroughs and Jamezetta Bedford are responsible for a scholarship
23 program there, which she commended.
24 Chair Dorosin said there is some concern about the NCACC recommendation to raise
25 the age of juvenile jurisdiction, as it excludes all felonies. He said the task force working on
26 juvenile justice would only exempt the most serious felonies.
27 Chair Dorosin said the Humans Relations Commission has a program on 1/29/17 about
28 freedom of religion and Islamaphobia.
29
30 13. Information Items
31 • December 13, 2016 BOCC Meeting Follow-up Actions List
32 • Tax Collector's Report— Numerical Analysis
33 • Tax Collector's Report— Measure of Enforced Collections
34 • Tax Assessor's Report— Releases/Refunds under $100
35 • Report on Public Hearing Process for UDO-, Zoning Atlas-, and Comprehensive Plan-
36 Related Items
37 • City of Mebane's Comprehensive Land Development Plan
38 • Orange County Sustainability and Environmental Responsibility Goal Update
39 • Status of Eubanks Road Waste & Recycling Facilities Project
40 • DRAFT Public Involvement Plan — Durham and Orange County Bus and Rail Investment
41 Plan (BRIP) Update
42 • BOCC Chair Letter Regarding Petitions from December 13, 2016 Regular Meeting
43
44 14. Closed Session
45
46 A motion was made by Commissioner McKee, seconded by Commissioner Rich to go
47 into closed session at 9:29 p.m. for the purpose below:
48 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
49 to preserve the attorney-client privilege between the attorney and the Board."
50
19
1 VOTE: UNANIMOUS
2
3 RECONVENE INTO REGULAR SESSION
4
5 A motion was made by Commissioner Rich to go into open session at 9:35pm so that she may
6 ask a question not related to the closed session item.
7 VOTE: 1 (Commissioner Rich) - 5
8 Motion dies.
9
10 A motion was made by Commissioner McKee seconded by Commissioner Burroughs to
11 reconvene into regular session at 9:37pm.
12
13 VOTE: UNANIMOUS
14
15 15. Adjournment
16
17 A motion was made by Commissioner McKee seconded by Commissioner Burroughs to adjourn
18 the meeting at 9:37pm.
19
20 VOTE: UNANIMOUS
21
22 Mark Dorosin, Chair
23
24 Donna Baker
25 Clerk to the Board
26
27