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HomeMy WebLinkAboutMinutes 12-13-2016 1 APPROVED 2/7/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING December 13, 2016 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, December 13, 2016 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin, Commissioners Mia Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair Dorosin called the meeting to order at 7:03 p.m. 1. Additions or Changes to the Agenda Commissioner Rich asked if the Board of County Commissioners (BOCC) appointment to the GoTriangle Board could be added to the agenda. Chair Dorosin said to add this item as 7-d on the evening's agenda. He reviewed the following items at the Commissioners' places: - White sheet: information about the light rail from Commissioner McKee - Lavender sheet: agenda for GoTriangle's Board meeting tomorrow - Blue sheet: revised proclamation of Bill of Rights, item 6-c - White sheets: PowerPoint for item 7-a PUBLIC CHARGE Chair Dorosin dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda Robin Jacobs, Executive Director of the Eno River Association, presented the 2017 Eno River Association Calendar to the Board and staff, and thanked the Board of County Commissioners for its on-going commitment to their partnership. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements and Petitions by Board Members Commissioner Jacobs petitioned to eliminate the practice of attributing planning efforts to particular Commissioners in the abstracts. 2 Commissioner Jacobs asked if the Chair and Vice Chair would come back with a clarification of policy about having the BOCC represented on other boards, in positions that require an elected official; as well as other elected officials serving on BOCC advisory boards, but are not members of the BOCC. Commissioner Burroughs had no announcements or petitions. Commissioner Rich had no announcements or petitions. Commissioner Marcoplos had no announcements or petitions. Commissioner McKee said he handed out a request for information on the light rail project (LRT) containing several categories that he would like GoTriangle provide to the Board. He said his second handout was a list of items to evaluate the viability of the light rail system. These handouts are shown below. Commissioner McKee asked if staff would approach GoTriangle about obtaining this information. He petitioned that an arm's length independent review of the LRT, by a qualified consulting firm, begin immediately. He asked if the GoTriangle budget for the LRT could be posted on the County website, for public viewing. Information Request: Expenses: • Report of total expenses by quarter and by category for FY 2014 and 2015 • Report of expenses by month and by category for FY 2016 • Request that we receive monthly reports for expenses by category going forward to be delivered to finance by the 15th of the following month • Request a clarification of how administration cost are allocated to individual projects Income: • Request a definitive statement of what income sources are locked in (sales tax, fees) • Request a concise but definitive statement on what these sources of revenue are being spent on • Report on what if any credit rating Go Triangle has and what interest rate that will currently establish • Report on what the extra cost to the light rail project will be if that interest rate rises by 1% • Report on how Orange County would finance the requested (currently) 40,000,000.00 and what would the impact be on our credit rating and capacity if we borrow these funds Other: • Find the BRT study included in an August 2015 data dump and determine if LRT and BRT are compared using the same assumptions and modeling • Using original plan cost and revenue assumptions, create a flow chart outlining each individual item in the plan and how those assumptions have changed over time using Go Triangle power point presentations • Create a list of firms that have the ability to review the light rail plan and that are not currently engaged with Go Triangle or intending to seek work on this project. Environmental • Expected reduction in traffic and reduced travel time 15-501 year-by-year LRT versus BRT • Expected reduction in traffic on NC 54 year-by-year LRT versus BRT 3 • Expected reduction in traffic on 1-40 year-by-year LRT versus BRT • Life cycle energy use impact of LRT Macro assumptions • Projected price of gasoline in travel demand models • Projected median income in 17 miles corridor year-by-year • Projected interest rates by maturity in financial planning • Copy of application to Fitch for the credit assessment process in advance of a formal credit rating pertaining to DO-LRT funding. • Projected population growth in 17 miles corridor year-by-year • Projected employment growth in 17 miles corridor year-by-year • Projected inflation during building of LRT— details of inflation cost adjustment of budget • Year-by-year projections of sales tax income —with detailed assumptions about sales tax calculations — including population growth for Durham and Orange counties. Financial • Year-by-year cost of building LRT (not current $ but actual dollars - including inflation) • Year-by-year cost of building BRT (not current $ but actual dollars - including inflation) • Financial budget year-by-year LRT with clear statement of assumptions/projections • Financial budget year-by-year BRT with clear statement of assumptions/projections, • Year-by-year sources of funding during construction - assumptions clearly stated. Details of the financial plan — amount and anticipated borrowing, Federal, state and local funding. Travel prediction models A study equivalent to the Light Rail reported in Appendix K2 of the DEIS for a Bus Rapid Transit (BRT) alternative — as opposed to the `no-build' alternative which is described in the appendix. The BRT should be calibrated with the same inputs as LRT. Peak and off-peak assumptions about frequency and capacity of BRT should be comparable to existing BRT systems already in operation. Assumptions made about BRT versus LRT should be clearly stated. In addition: • cost of building BRT along 17 miles corridor • number of years required to build BRT • Federal and local funding sources for BRT Station-by-station information of the following: • Zero-vehicle households within walk access of station • Assumptions about propensity to use LRT by demographic and income group and comparison of these assumptions to experience in other cities with LRT • Low-income households within walk access of station, current and projected • Morning peak boardings and deboardings • Evening peak boardings and deboardings • Assumptions made about population growth • Distribution of residential units, by type (e.g. single family) and price, current and projected Ridership • capacity utilization of LRT average during peak and off-peak 4 • capacity utilization of BRT average during peak and off-peak Operating costs • Operating costs LRT per passenger per trip for first 10 years of operation • Operating costs BRT per passenger per trip for first 10 years of operation • Total LRT cost per trip (operating + maintenance + interest on borrowing + depreciation) • Total BRT cost per trip (operating + maintenance + interest on borrowing + depreciation) • VMT (vehicle miles of transit service) for Durham and Orange County under DO-LRT plan (Vehicle miles of transit service is the total mileage traveled by all the buses (or train cars) in the entire system, reflecting both the route miles of the entire system as well as the frequency of service.) • Current VMT for Wake county VMT (vehicle miles of transit service) for Durham and Orange County under BRT plan (Vehicle miles of transit service is the total mileage traveled by all the buses (or train cars) in the entire system, reflecting both the route miles of the entire system as well as the frequency of service) Support systems • Planned feeder bus system for LRT. Details about costs and routes. Make assumptions explicit about sources of funding. • Planned feeder bus system for BRT. Details about costs and routes. Make assumptions explicit about sources of funding Chair Dorosin referred to the items at the Commissioners' places, and asked if Commissioner McKee could outline how they relate to his petitions. Commissioner McKee said first page is asking for information for detailed information on expenses, and the second sheet is to be given to consultants to help obtain the viability of the light rail project. Chair Dorosin said other Commissioners may have questions for a consultant as well. He suggested the Manager work with Chair/Vice-Chair by email to put together a comprehensive list to give to the consultant. Chair McKee said his list is by no means comprehensive. He said his intent is not to harass GoTriangle, but the BOCC has a big decision to make in April, which he would like to be based in fact, not emotions. Commissioner Price said she would like a comparison on the light rail with two counties, other than Charlotte. Chair Dorosin said the Legislative Issues Work Group (LIWG) must convene by the end of 2016. He asked if there are two Commissioners willing to serve, through 2017, on this work group. Commissioner Price and Commissioner Marcoplos volunteered to be on the LIWG. Commissioner Rich asked if this group will be addressing State or Federal legislative issues, as there is a deadline for federal issues on January 20, 2017. Greg Wilder, County Manager's Office, said the North Carolina Association of Counties (NCAC) has asked for information to be returned. He said he will work with the LIWG on a list of issues, and disseminate all information to the BOCC for review and comment, prior to submitting it to the NCAC. 4. Proclamations/ Resolutions/ Special Presentations 5 a. Resolution to Honor Pat Sanford and Recognition of the Recipient of Pat Sanford Animal Welfare Grant The Board considered adopting a resolution honoring Pat Sanford for her life's work in the interest of animal welfare and authorized the Chair to sign; and to recognize Pet Pals, Inc. as the recipient of the first annual Pat Sanford Animal Welfare Grant. Bob Marotto, Orange County Animal Services Director, said he is here, with the Animal Services Advisory Board (ASAB) Chair and Vice Chair, to honor Pat Sanford, as well as recognize Pet Pals as the first recipient of the Pat Sanford Animal Welfare Grant. ASAB Chair Maureane Hoffman read the resolution: RES-2016-080 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION HONORING PAT SANFORD WHEREAS, Pat Sanford contributed tirelessly to animal welfare in Orange County and beyond for many decades, benefiting the people and animals greatly; and WHEREAS, Mrs. Sanford served as Executive Director for the Orange County Animal Protection Society [APS] for 17 years, retiring in 2002; and WHEREAS, Mrs. Sanford worked to construct a new building for APS and worked to expand it several times afterward; and WHEREAS, Mrs. Sanford implemented sterilization of adopted animals to fight pet overpopulation in Orange County; and WHEREAS, the APS received the Standards of Excellence Award for facilities and staff in 1992, the first in North Carolina; and WHEREAS, Mrs. Sanford worked to form partnerships with wildlife experts in Orange County and implemented the first low-cost spay/neuter program; and WHEREAS Mrs. Sanford worked to change dog fighting in North Carolina from a misdemeanor to a felony; and WHEREAS, Mrs. Sanford secured donations of land and monies for APS (now Paws4Ever) that would fund the creation of its Mebane adoption facility, on-site veterinary clinic, dog park, and training center; and WHEREAS, after retirement, Mrs. Sanford went on to serve animals in various other ways, including as a member of the Animal Services Advisory Board for several years; and WHEREAS, Orange County Animal Services created a grant in her honor in 2016, to be awarded for a minimum of ten years to organizations or persons showing the same dedication to animal welfare causes that she did during her life's work; 6 NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, on behalf of County officials and employees and the residents of Orange County, hereby commends Pat Sanford for her innumerable contributions to improve the quality of living in Orange County; and BE IT FURTHER RESOLVED that the Orange County Board of County Commissioners expresses its sincerest appreciation, gratitude and respect to Pat Sanford for her lifetime of service. A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to adopt and authorize the Chair to sign the resolution honoring Pat Sanford and also recognize Pet Pals as the recipient of the first annual Pat Sanford Animal Welfare Grant. VOTE: UNANIMOUS Bob Marotto said Pat Sanford could not be here tonight, but he will convey this resolution to her. The inaugural Pat Sanford award was given to Pet Pals of North Carolina, Inc. PUBLIC COMMENT: Elliot Cramer said he and Pat Sanford are longtime friends, and she will be pleased with this honor, as well as the new animal shelter. He also commended Bob Marotto. He said the Friends of the Orange County Animal Shelter has received a check for $15,000 from Ithaca NY to be used for heartworm treatment and care for dogs; capture, sterilization, and release for cats; and advertising of adoption and sterilization programs. 5. Public Hearings a. Unified Development Ordinance (UDO) Amendments — Hillsborough Economic Development District The Board conducted a continued public hearing and considered action on government-initiated amendments to the text of the UDO that would modify some development standards, types of permitted uses, and use standards within the Hillsborough Economic Development District (EDD). BACKGROUND: This item was heard at the September 12 Quarterly Public Hearing where the BOCC continued the public hearing until the November 1, 2016 BOCC meeting to give staff time to incorporate suggested revisions and time for the Planning Board to review the revisions. Comments made at the September 12 hearing which resulted in revisions considered at the November 1 meeting included: • A suggestion that drive-through facilities be allowed in all EDH zoning districts. A current Development Standard in the Article 3 charts prohibits such facilities in each of the EDH districts. Based on BOCC discussion, the proposed text amendments have been modified to allow drive-thrus in all EDH districts. • Concern over certain Manufacturing uses that are listed in the North American Industry 7 Classification System (NAICS) Code but not desired as permitted uses in the Hillsborough Economic Development District. At the November 1 meeting, additional discussion regarding uses contained in the NAICS Code occurred and the public hearing was continued until December 5 (when it was continued again until December 13) to give BOCC members time to review the NAICS Code, provide comments to staff, and for staff to incorporate comments. In the interest of limiting the length of this agenda item, the NAICS Code is not included in this agenda item as it has been included with previous agenda items and is available for viewing in the materials for the November 1 agenda item. The Ordinance in Attachment 3 is the proposal that was presented at the November 1 meeting. As staff has stated in previous meetings, a comprehensive reorganization of the Tables of Permitted Uses to bring the UDO into conformity with a recent judicial decision (Byrd v. Franklin County) is currently underway. Because of this ongoing work and the logistics and legal considerations of working with, essentially, a new Table of Permitted/Prohibited Uses, staff is recommending that the revisions to the uses allowed in the EDH districts be incorporated into the reorganization work. The reorganization project is expected to be discussed by the BOCC at a work session on February 13, 2017 (as a special work session after the Quarterly Public Hearing). Since much time and effort has been expended in considering the uses for the EDH districts during 2016, staff suggests that the BOCC direct staff to incorporate the information in Attachment 5 into the reorganization project as the expected direction the County is moving towards for uses in the Hillsborough EDD. While these use modifications would not be effective until the reorganization is adopted (the public hearing is expected for September 2017), staff would be able to incorporate the ideas that have been generated during this 2016 process into the 2017 work, essentially completing part of the discussions that are to occur. The proposed UDO amendments in Attachment 4 contain text amendments that have been previously presented/discussed but do not modify the Table of Permitted Uses at this time except to: 1. Remove single-family and two-family residential uses and "Temporary Use of a Residential Mobile Home" as permitted uses in the EDH-3 zoning district. 2. Add multi-family residential as a permitted use in the EDH-4 zoning district (subject to scope restrictions in Section 5.5.10). 3. Add Accessory Uses as permitted uses in all five EDH zoning districts (this corrects an apparent error). 4. Clarify in the header of the Table that the Hillsborough EDD utilizes NAICS Sector Numbers, 2012 version. Adoption of these amendments will allow an interlocal agreement with the Town of Hillsborough to proceed. The Agreement is in regards to provision of water and sewer services south of Interstate 40. The Planning Department and Economic Development Department have reviewed and discussed these amendments and find they further joint goals. 8 Attachment 1 contains additional information and analysis regarding this amendment. The staff recommended proposed text amendment language can be found in Attachment 4 within a "track changes" format. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 2 and in the proposed amendment package contained in Attachment 4. Planning Board Recommendation: Prior to the public hearing, the Planning Board twice considered the proposed amendments. At its August 3, 2016 meeting, the Board voted 7-1 to recommend approval of the Statement of Consistency and the amendment package. The Planning Board conducted a second review on September 7 to consider edits made by the County Attorney's office after the August 3 Planning Board meeting. At the September 7 meeting, the Board voted 6-0 to recommend approval of the proposed amendments. Subsequent to the September 12 public hearing, the Planning Board considered the amendments at a special meeting on October 17 (the October 5 regular meeting had to be canceled due to quorum issues). At the October 17 meeting, the Board voted 6-0 to recommend approval of the proposed amendments. John Roberts said this is a continuation of the public hearing, and there are five options for the Board's consideration. He said he and staff are recommending for the Board of County Commissioners to go with Option 4, which states Adopt the amendments regarding residential use restrictions only and instruct staff to incorporate the proposed new EDD uses into other current text amendments. The proposed amendments may be adopted restricting certain residential uses within the EDD. The Board would not adopt the proposed new EDD uses but instructed staff to incorporate those uses into the reorganization of the Table of Permitted Uses that the BOCC will consider in 2017 (UDO/Zoning matter 2016-05 "Amendments to permitted use tables clarifying permitted and prohibited land uses"). Commissioner McKee asked if the adoption of this recommendation would prevent moving forward with other aspects of the planning process. John Roberts said part of this recommendation is that the staff will proceed with the uses for consideration in the amendments to the table of permitted uses that is coming in 2017. Commissioner Dorosin clarified that there was some concern about proceeding with the Hillsborough EDD, and creating inconsistencies with the other EDDs. He said it will take more time to do a comprehensive review the table of permitted uses in the other EDDs. He asked if it is recommended to do those amendments all at one time. John Roberts said making all the amendments at once would avoid potential liability and risk. Commissioner Jacobs said he had some questions at the last public hearing, and asked if these had been answered. Craig Benedict, Planning Director, said staff has made a matrix of all of the Board's questions, and will be answering them as related to the NICS code. Chair Dorosin said the draft matrix was reviewed at agenda review, and it will be placed on an upcoming work session. He said there were many overlapping questions between Commissioners. Chair Dorosin asked if there was any public comment, and there was none. 9 A motion was made by Commissioner Price, seconded by Commissioner Burroughs for the Board to close the public hearing; VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs for the Board to: 4. Adopt the amendments regarding residential use restrictions only and instruct staff to incorporate the proposed new EDD uses into other current text amendments. The proposed amendments may be adopted restricting certain residential uses within the EDD. The Board would not adopt the proposed new EDD uses but instruct staff to incorporate those uses into the reorganization of the Table of Permitted Uses that the BOCC will consider in 2017 (UDO/Zoning matter 2016-05 "Amendments to permitted use tables clarifying permitted and prohibited land uses"). This option is the staff recommendation shown below and is also the County Attorney's recommendation. AND Adopt "Option 4" in the PURPOSE Statement by approving the Statement of Consistency (Attachment 2) and Ordinance (Attachment 4); VOTE: UNANIMOUS b. Zoning Atlas Amendment— Hillsborough Economic Development District The Board conducted a continued public hearing and considered action on government-initiated amendments to the Zoning Atlas involving five parcels south of Interstate 40 in the vicinity of Old Highway 86 and adjacent interstate right-of-way. John Roberts reviewed the background: BACKGROUND: In order to better promote economic development opportunities in the Hillsborough EDD, the Planning Director has suggested amendments to the Zoning Atlas. This item was heard at the September 12, 2016 Quarterly Public Hearing where it was continued to the November 1 BOCC meeting in order to incorporate revisions into a related UDO text amendment (separate item). At the November 1 BOCC meeting, the item was continued to the December 5 meeting to allow additional revisions to the related text amendment. At the December 5 meeting, the item was continued to the December 13 meeting. All or portions of 4 parcels, totaling 166.2 acres, located west of Old Highway 86 are proposed to be rezoned: • from EDH-3 (Economic Development Hillsborough Limited Office with Residential [current name]) • to EDH-5 (Economic Development Hillsborough Research and Manufacturing [proposed name]). • Additionally, 17.05 acres of interstate right-of-way is proposed to be rezoned from and to the same districts. One 34.58 acre parcel located east of Old Highway 86 is proposed to be rezoned: • from EDH-2 (Economic Development Hillsborough Limited Office) • to EDH-4 (Economic Development Hillsborough Office / Retail [proposed name]). 10 • Additionally, 8.92 acres of interstate right-of-way is proposed to be rezoned from and to the same districts. The list of uses that are currently allowed in the EDH-4 and EDH-5 zoning districts and one use (multi-family residential) that is proposed to be added to the EDH-4 district is included in Attachment 4. Please Note: In a related Table of Permitted Uses reorganization project currently underway and expected for further discussion beginning in February 2017, additional uses are expected to be added to the EDH-4 and EDH-5 zoning districts. Three overlay districts also apply in the geographic area proposed for rezoning: • Watershed Protection • Special Flood Hazard Area • Major Transportation Corridor). No modifications are being proposed to the boundaries of the three overlay districts and requirements related to the overlay districts will continue to apply. This area is not located in a critical or protected watershed, as defined for water supply watershed purposes. Attachment 1 contains additional information and analysis regarding this amendment. The proposed ordinance, including a map that shows the extent of the proposed rezoning, can be found in Attachment 3. Planning staff held a Public Information Meeting on July 26 to explain the proposed amendments affecting the Hillsborough EDD. Five interested persons attended the meeting. The Planning Department and Economic Development Departments have reviewed and discussed these amendments and find they further joint goals. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 2 and proposed amendment package contained in Attachment 3. Planning Board Recommendation: At its August 3, 2016 meeting, the Board voted 7-1 to recommend approval of the Statement of Consistency and the Zoning Atlas amendments. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to: a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 2) and Ordinance (Attachment 3). VOTE: UNANIMOUS 6. Consent Agenda 11 • Removal of Any Items from Consent Agenda 6-d by Commissioner Price 6-q and 6-r by Commissioner Rich 6-n by Commissioner Marcoplos • Approval of Remaining Consent Agenda A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for the Board to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda d . Resolution in Support of the North Carolina Commission of Inquiry on Torture The Board considered approving a Resolution in Support of the North Carolina Commission of Inquiry on Torture and authorizing the Chair to sign. Commissioner Price said she pulled the resolution because some one was here to speak to, and receive, this resolution. She read the resolve clause: NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners hereby supports the North Carolina Commission of Inquiry on Torture, a 501(c)(3), non-profit organization described at www.nccit.org, created to address the issue of North Carolina's role in secret detention and torture, and to craft a model of accountability that can inspire similar efforts elsewhere. PUBLIC COMMENT: Margaret (Peggy) Misch said she submitted this resolution for the Board's consideration, along with the Bill of Rights proclamation, and for the Board to adopt both of these and for Chair Dorosin to read these at their annual reading of the Bills of Rights on December 15th A motion was made by Commissioner Price, seconded by Commissioner Jacobs to approve the Resolution in Support of the North Carolina Commission of Inquiry on Torture and authorize the Chair to sign. VOTE: UNANIMOUS n. Orange County Property Naming Policy The Board considered approving the Orange County Property Naming Policy. Commissioner Marcoplos said he was reading the guidelines clarified by the Board at the December 5th BOCC meeting. He offered the following wording for the first sentence in section 2.1.5: "property belonging to Orange County may be named for living persons with the following clarifications". A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to approve the amendment in the language of this section. 12 VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to approve the now amended Orange County Property Naming Policy. VOTE: UNANIMOUS q. Recognition of Chapel Hill High School Men's and Women's Cross Country State Championship Teams The Board considered approving a proclamation recognizing the Chapel Hill High School Men's and Women's Cross Country teams on winning the N.C. High School Athletic Association state championships and authorizing the Chair to sign. Commissioner Rich said she pulled this item to recognize these teams publicly. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON CHAPEL HILL HIGH SCHOOL WINNING 2016 STATE CHAMPIONSHIPS IN MEN'S AND WOMEN'S CROSS COUNTRY WHEREAS, on November 5, 2016, the Chapel Hill High School Men's and Women's Cross Country Teams each won the North Carolina High School Athletic Association's (NCHSAA) 3A State Championship meet; and WHEREAS, under the guidance of Coach Joan Nesbit Mabe, the women's team won its 11th NCHSAA state championship and its second consecutive title, and the men's team claimed its 10th state title; and WHEREAS, through hard work, dedication, teamwork, and commitment, the teams brought honor upon themselves, Chapel Hill High School, the Chapel Hill / Carrboro City Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the Chapel Hill High School Men's and Women's Cross Country Teams and Coach Mabe for their outstanding achievements, and for their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the 13th day of December 2016. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to approve the proclamation recognizing the Chapel Hill High School Men's and Women's Cross Country teams on winning the N.C. High School Athletic Association state championships and authorizing the Chair to sign. 13 VOTE: UNANIMOUS r. Recognition of Carrboro High School Women's Volleyball State Championship Team The Board considered approving a proclamation recognizing the Carrboro High School Women's Volleyball Team on winning the N.C. High School Athletic Association state championship and authorizing the Chair to sign. Commissioner Rich said she pulled this item because two team members were able to attend the meeting, and she wanted them, and the team, to be recognized. Commissioner Rich read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON CARRBORO HIGH SCHOOL WOMEN'S VOLLEYBALL TEAM WINNING THE 2016 STATE CHAMPIONSHIP WHEREAS, on November 5, 2016, the Carrboro High School Women's Volleyball Team captured the North Carolina High School Athletic Association's (NCHSAA) 2A State Championship; and WHEREAS, under the guidance of Coach Steve Scanga, the Carrboro High School Women's Volleyball Team earned its first NCHSAA State title after making it to the final four teams in each of the previous two seasons; and WHEREAS, the Lady Jaguars completed the season with a 30-0 record; and WHEREAS, through hard work, dedication, teamwork, and commitment, the Lady Jaguars brought honor upon themselves, Carrboro High School, the Chapel Hill / Carrboro City Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the Carrboro High School Women's Volleyball Team and Coach Scanga, for the Jaguars' outstanding achievement, and for their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This, the 13th day of December 2016. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to approve the proclamation recognizing the Chapel Hill High School Men's and Women's Cross Country teams on winning the N.C. High School Athletic Association state championships and authorize the Chair to sign. VOTE: UNANIMOUS a. Minutes 14 The Board approved the minutes from November 1 and 10, 2016 as submitted by the Clerk to the Board. b. BOCC Rules of Procedure Revision The Board approved several modifications to the BOCC Rules of Procedure. c. Proclamation — Bill of Rights Day The Board adopted a proclamation to officially recognize Bill of Rights Day in Orange County during the month of December 2016 and authorized the Chair to sign. e. Second Reading: Emergency Services Franchise by Ordinance — First Choice Medical Transport, LLC The Board approved on Second Reading the granting of a franchise by Ordinance to First Choice Medical Transport, LLC (First Choice) and the Franchise Agreement under which it will operate — approval on "Second reading" is based on State law requirements that a franchise by ordinance pass two readings in order to be granted by the Board of Commissioners and authorized the Manager to sign. f. Second Reading: Emergency Services Franchise by Ordinance — North State Medical Transport The Board approved on Second Reading the granting of a franchise by ordinance to North State Investment Group, LLC d/b/a North State Medical Transport (North State) and the Franchise Agreement under which it will operate — approval on "second reading" is based on State law requirements that a franchise by ordinance pass two readings in order to be granted by the Board of Commissioners and authorized the Manager to sign. g. Second Reading: Emergency Services Franchise by Ordinance — LifeStar Emergency Services —2023, LLC The Board approved on Second Reading the granting of a franchise by ordinance to LifeStar Emergency Services - 2023, LLC (LifeStar) and the Franchise Agreement under which it will operate — approval on "second reading" is based on State law requirements that a franchise by ordinance pass two readings in order to be granted by the Board of Commissioners and authorized the Manager to sign. h. Second Reading: Emergency Services Franchise by Ordinance — South Orange Rescue Squad, Inc. The Board approved on Second Reading the granting of a franchise by ordinance to South Orange Rescue Squad, Inc. (SORS) and the Franchise Agreement under which it will operate — approval on "second reading" is based on State law requirements that a franchise by ordinance pass two readings in order to be granted by the Board of Commissioners and authorized the Manager to sign. i. Purchase of Replacement Ambulance for Orange County Emergency Services The Board approved the purchase of one (1) ambulance at a cost of$216,827 from FESCO, Inc. through a cooperative purchasing agreement that will replace a 2007 model ambulance manufactured by Wheeled Coach. j. Southern Branch Library — Letter of Intent (LOI) to Authorize Negotiating a Development Agreement Regarding the 203 S. Greensboro Street Site The Board approved a non-binding Letter of Intent ("LOI") between Orange County and the Town of Carrboro to authorize the County Manager and Town Manager to begin negotiating a development agreement for a Southern Branch Library on Carrboro's 203 S. Greensboro site. k. Approval of an Interlocal Agreement between Orange County and Orange Water and Sewer Authority (OWASA) for the Construction of a Sewer Main Extension in the Rogers Road Area and Adopting a Prequalification Policy for Contractors The Board approved an Interlocal Agreement between Orange County and Orange Water and Sewer Authority (OWASA), in an amount not to exceed $553,000, for the construction phase 15 of the Rogers Road Sewer Extension Project and approved a prequalification policy for potential contractors, with OWASA administering the prequalification and bidding process and performing construction administration for the project. The OWASA Board of Directors approved the Interlocal Agreement on November 10, 2016. I. Approval of an Interlocal Agreement between Orange County and the Towns of Carrboro and Chapel Hill to Share Costs Related to the Construction of a Sewer Main Extension in the Rogers Road Area and Other Investments The Board approved an Interlocal Agreement between Orange County and the Towns of Carrboro and Chapel Hill to share costs related to constructing a sewer main extension in the Rogers Road neighborhood and to reimburse prior investments made in the community including the construction of a Community Center and community planning activities. Under the agreement, Chapel Hill will reimburse the County for forty-three percent (43%) of the total costs, Carrboro will reimburse the County for fourteen (14%) of total costs, and Orange County will be responsible for the remaining forty-three percent (43%). The Town of Chapel Hill approved the Interlocal Agreement on December 5, 2016, and the Town of Carrboro is scheduled to approve the Agreement on December 13, 2016. m. Orange County/Draper Aden Associates Contract Extension The Board extended the current contract with Draper Aden of Coats, North Carolina for 60 days until March 1, 2017 to insure continued availability of engineering services for Solid Waste and authorized the Chair to sign.. o. Fiscal Year 2016-17 Budget Amendment#4 The Board approved budget and capital project ordinance amendments for fiscal year 2016-17 for the Department of Social Services; Department of Environment, Agriculture, Parks and Recreation; County Manager's Office; Animal Services Department; Health Department; and County Capital Project Ordinance (911 Backup Center). p. My Brother's Keeper Community Challenge Recommendation for Movement of Youth (MOY) to be the Lead Agency for My Brother's Keeper (MBK) Orange Initiative The Board supported the recommendation from My Brother's Keeper Community Challenge that unanimously approved for Movement of Youth (MOY) to become the lead agency in the next phase of the My Brother's Keeper (MBK)-Orange County; and encouraged MOY to submit an outside agency application to facilitate BOCC consideration of future financial support if necessary. Chair Dorosin referred to the Item J- Southern Branch Library— Letter of Intent (LOl) to Authorize Negotiating a Development Agreement Regarding the 203 S. Greensboro Street Site, noting the Board's approval of this item, and the forward progress on this project. He also noted that the Board approved Items K and L, for interlocal agreements related to the construction of a sewer system in the Rogers Road Community. 7. Regular Agenda a. Technical Resolution Regarding Grandfathering of Projects for School Impact Fee Collection Purposes The Board considered adoption of a technical resolution regarding grandfathering of projects for collection of recently adopted updates to school impact fees. Three possible resolutions are included as options: 1. As proposed by staff at the December 5 BOCC meeting. 16 2. As proposed by Northwood Ravin, developer of Carraway Village in Chapel Hill. 3. Northwood Ravin proposal modified by staff to include an outer time limit on issuance of a Certificate of Compliance (aka, Certificate of Occupancy). BACKGROUND: On November 15 the Board of County Commissioners (BOCC) adopted updated school impact fees which will become effective January 1, 2017 (see Attachment 4) with incremental increases each year through 2021. This represented a starting point of 43% of the "maximum supportable impact fee" (MSIF) with increases of 7.5 percentage points each year for four years. At the time of adoption, the BOCC directed staff to return with language that would allow for projects that have reached certain project development milestones prior to January 1, 2017 to be "grandfathered" for the 2016 fee levels but to have an outer time limit for the grandfathering. This provision was requested primarily by multi-family developers because the impact fee for multi-family units with 3+ bedrooms will increase on January 1, 2017 by $6,847 per unit in the Chapel Hill-Carrboro City Schools district (CHCCS) and by $8,596 per unit in the Orange County Schools district (OCS). Developers are concerned that projects that have already gone through a lengthy project approval process but are not yet ready to begin construction will be adversely impacted by these increases because financial analyses of these projects took into account the existing impact fee levels ($1,286 in CHCCS and $1,743 in OCS). This topic was discussed at the December 5, 2016 BOCC meeting where concerns were expressed by development interests that the construction timeline proposed by staff did not allow for a long enough construction timeframe. Northwood Ravin, the developer of Carraway Village in Chapel Hill, proposed additional language that would pertain to projects with at least 100 dwelling units. This language is included in the resolution in Attachment 2. Adoption of this resolution would allow an open-ended construction timeframe, provided the 2016 impact fee amount is paid prior to June 30, 2019. Staff notes that prior updates to school impact fees, which were first adopted in 1993 and have been updated several times, did not provide for extensive grandfathering of projects. In the past, projects that obtained a building permit prior to the impact fee effective date were allowed to pay the prior fees, even if the certificate of occupancy was issued in the subsequent year(s), but additional consideration was not made for projects that had only approved special use permits or zoning compliance permits. Town of Hillsborough staff has stated a preference for drawing the "grandfather line" at "projects that have active permits and are constructing either buildings or infrastructure on site should be able to pay the current fees. Projects that do not yet have construction authorization despite having conditional or special use permits should pay the fees in place at the time construction is authorized" (see Attachment 6 which includes the reasons for this preference). Because of the open-ended nature of the Northwood Ravin proposal, staff has produced a third option (Attachment 3) which includes the language proposed by Northwood Ravin but also requires that a Certificate of Compliance be issued prior to December 31, 2020. The BOCC could also choose to adopt a different construction outer-limit date for projects containing 100 or more dwelling units. 17 The resolution in Attachment 1 is the resolution proposed by staff at the December 5 meeting. It would allow "grandfathering" for the 2016 fee levels if a building permit application is submitted prior to January 1, 2017, the permit is issued within 180 days, and a Certificate of Compliance (aka, Certificate of Occupancy) is issued within 365 days of building permit issuance. This essentially gives builders one year after a building permit is issued to complete construction and qualify for the 2016 fee levels. (This provision is applicable for any projects that do not have an approved Zoning Compliance Permit - see paragraph below.) Also within the resolution in Attachment 1, projects with an approved Zoning Compliance Permit (ZCP) would be given until December 31, 2017 to apply for a building permit(s) and a Certificate of Compliance would have to be issued within 365 days of building permit issuance in order to qualify for 2016 fee levels. A building permit would have to be issued within 180 days of the application date; this provision is included to deter applicants from submitting extremely inadequate permit applications, perhaps in an attempt to "game the system". Most building permits are issued within 30 days of the application date if the plans are done well and require no or only minor revisions. Under the timelines proposed in the attached resolution, the outermost date limit for projects with a ZCP by January 1, 2017 is June 30, 2019 and this would apply only if building permit issuance takes the full 180 day limit. Attachment 5 contains graphical presentations of the timeframes, as they pertain to the resolution in Attachment 1. At the December 5 BOCC meeting, the BOCC requested information on how many large projects grandfathering may apply to. Staff has requested information from municipal planning staffs but, as of agenda printing deadlines, had received information only from the Town of Hillsborough. Information will be presented at the December 13 meeting, if it is available. Craig Benedict made the following PowerPoint presentation: 2016 School Impact Fee Update- Technical Resolution Regarding Grandfathering of Projects for School Impact Fee Collection Purposes Item 7a December 13, 2016 Presenter: Craig Benedict, Planning Director Option 1- Proposed by Orange County Staff Attachment 1 Option 2- Proposed by Northwood Ravin Attachment 2 Option 3- Proposed by Orange County Staff Attachment 3 RECOMMENDATION(S): The Manager recommends that the Board: • Discuss the grandfathering topic as desired. • Adopt one of the attached resolutions as follows: 18 o Attachment 1 if the BOCC desires to adopt the proposal made by staff at the December 5 BOCC meeting. o Attachment 2 if the BOCC desires to adopt the additional language proposed by Northwood Ravin for projects containing 100 or more dwelling units. o Attachment 3 if the BOCC desires to adopt the additional language proposed by Northwood Ravin for projects containing 100 or more dwelling units and place an outer limit on issuance of a Certificate of Compliance of December 31, 2020. Commissioner McKee asked Craig Benedict if he could identify how many projects would fall under this grandfather clause. Craig Benedict said there are two: the Collins Ridge project in Hillsborough, and Carraway Village in Chapel Hill. Craig Benedict said the Special Use Permits (SUPs) in Chapel Hill focus more on square footage as opposed to units. Commissioner McKee asked if the Collins Ridge project with 1,000 units would qualify with Option 3. Craig Benedict said no, as there are still deadlines to have a zoning compliance permit prior to January 1, 2017. He said this project is in the process of a zoning compliance permit on one of the phases. He said there is more work to do, and the project may fall out of the running. Commissioner McKee asked if, given all the restrictions, would any units qualify. Craig Benedict said that is difficult to say. Commissioner Burroughs asked if the differences between the Option 2 and 3 are the ending dates. Craig Benedict said in Option 1, the zoning compliance permit has to be completed by June 30, 2019; and in Option 2, the zoning compliance permit may not be completed but the fee can be paid by June 30, 2019. Commissioner Burroughs asked for clarification between Options 2 and 3. Craig Benedict said the fee must be paid by June 30, 2019 but the buildings must be completed by December 31, 2020. He said Option 3 has an end date, while Option 2 is more open ended. Commissioner Burroughs asked if the County gets the money, why is a finish date important. Craig Benedict said staff tied the activity with the fees collected, and the student impacts as close to when impacts within the schools would be expected. He said having it be in a reasonable range, and a bit more finite, would create that connection between the fees paid and the students coming. Commissioner Rich said when discussing grandfathering, an example is given that goes out to 2020, and asked if a project in 2018 would be grandfathered in as well. Craig Benedict said these options only pertain to 2016-17 projects, and all future projects would fall under the existing fee schedule. Commissioner Rich clarified that the fees have been changed, and the grandfathering will only apply to a few projects at this time, and moving forward all projects will fall under the new fees. Craig Benedict said yes. Chair Dorosin referred to Option 3 with the 2020 limit, and asked if a project is not completed, will the developer pay the current fee at that time. Craig Benedict said yes. 19 Chair Dorosin said in 2020, it is likely that these fees will be under reassessment. He asked if there is an opened ended approach taken, could a project potentially avoid the next round of impact fees. Craig Benedict said Chair Dorosin is correct. Chair Dorosin asked if there is a projected timeline for reassessing impact fees in the future. Craig Benedict said this process will most likely occur in late 2021. PUBLIC COMMENT: Aaron Nelson said a building permit expires after 12 months. He said Commissioner Rich's question was their first proposal, and he said they are talking about five projects that are eligible to be grandfathered in. He said they would like the Board to approve Option 2, and lower the units from 100 to 90 units. He commended staff for their efforts. Discussion ensued between the Board and Mr. Nelson. Jacob Rogers is with the Triangle Apartment Association, and he thanked the Board for allowing open dialogue. He said he is here to reiterate Mr. Nelson's comments, and is asking for support for Option 2, with the units at 90 instead of 100 units. Adam Golden, Vice President of Development with Northwood Ravin, echoed the previous comments, and thanked the Board for hearing concerns and coming back with viable options. He asked the Board to approve Option 2 with 90 units. Commissioner McKee said it is difficult to anticipate all the variables involved with these large projects, but he is reluctant to support an open-ended approach. He asked if there is a definition for a more open-ended approach, wondering if it would mean 2020 or 2024. Mr. Golden said the end of 2020 should cover most things in his project, but there are always unexpected things, and thus it could go past 2020 for the final end of their project. Chair Dorosin asked if Mr. Golden's project will be built in phases. Adam Golden said yes. Commissioner McKee said he is willing to reduce the number of units to 90, but is uncertain about the lack of an end date. Commissioner Marcoplos said he is wondering what the impact would be of bringing the end date, on Option 3, back to June 30, 2020. Commissioner Burroughs said the County will get the funds either way, and school costs will go up, but the County still has the money. She said she is leaning toward Option 2. Commissioner Marcoplos said it is an amount from a previous year, and thus it will be less money. Commissioner Burroughs said it is less money with either option. Commissioner Price commended the business community for speaking up and working with the County on this issue, and, accordingly, she would like to support Option 2. Chair Dorosin said he leans toward having an end date, but he does not have a problem lowering the number of units to 90. A motion was made by Commissioner Burroughs, seconded by Commissioner Price for the Board to adopt Option 2 and lower the number of units to 90. VOTE: Ayes, 3 (Commissioner Burroughs, Commissioner Price, Commissioner McKee); Nays, 4 (Chair Dorosin, Commissioner Rich, Commissioner Marcoplos, Commissioner Jacobs) A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to adopt: 20 Attachment 3 if the BOCC desires to adopt the additional language proposed by Northwood Ravin for projects containing 4-98 90 or more dwelling units and place an outer limit on issuance of a Certificate of Compliance of December 31, 2020. VOTE: Ayes, 5 (Chair Dorosin, Commissioner McKee, Commissioner Burroughs, Commissioner Price, Commissioner Marcoplos); Nays, 2 (Commissioner Rich and Commissioner Jacobs) b. Town of Chapel Hill Fire Department Use Agreement For Emergency Medical Services Substation The Board considered approving the attached Town of Chapel Hill Use Agreement for the co-located Emergency Medical Services Substation; authorizing the County Manager to execute the Agreement; and authorizing the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement. BACKGROUND: In 2014 the Chapel Hill Fire Chief approached the County's Emergency Services Director to discuss a partnership in the building of a new co-located Fire/Emergency Medical Services (EMS) station on the current site of Chapel Hill Fire Station #2 on Hamilton Road within the Glen Lennox Subdivision of Chapel Hill. The Orange County Board of Commissioners appropriated $500,000 in the FY2016-17 Capital Investment Plan to contribute to this co- located Fire/EMS Station. On February 8, 2016 the Chapel Hill Town Council agreed to prepare a process and costs for a Development Agreement for redevelopment of the proposed co-located station. The Chapel Hill Town Board authorized a final agreement transferring the Town's interests in the property at 1003 South Hamilton Road, consistent with the Memorandum of Understanding and consistent with a total Town monetary contribution of$1 million toward the Fire Station. Staff from Emergency Services, Asset Management Services, and the Manager's Office has met with the Chapel Hill Fire leadership to discuss and agree upon the terms of a co-location use agreement. The attached Town of Chapel Hill Fire Department Use Agreement For Emergency Medical Services Substation has been reviewed by all parties including the Town and County Attorneys. Kim Woodard recognized Chapel Hill Fire Chief Matt Sullivan and Deputy Chief Matt Lawrence. Kim Woodard made the following PowerPoint presentation: Hamilton Rd. Fire/EMS Station BOCC — Tryon Rd December 13, 2016 Purpose For the Board of Orange County Commissioners to: Approve the Town of Chapel Hill Use Agreement For the co-located Emergency Medical Services Substation; Authorize the County Manager to execute the Agreement; and Authorize the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement. 21 Project Details • Use agreement between Orange County and the Town of Chapel Hill • County contributes $520,000 for Emergency Medical Services use of one bay, sleeping quarters, parking spaces and shared access to other living quarters in the new station • Use agreement term is for a minimum of twenty years Chapel Hill (CHFD) - photo Fire Station 2-photo Future Fire/EMS Station- photo Future Fire/EMS Station-photo Project Timeline • Final Town Council approval Sep. 12, 2016 • Inter-local agreement pending Dec. 2016 • Chapel Hill Fire moves to temp fire station mid to late Dec. 2016 • Emergency Services Medic Three remains in Odum Village until project completion • Demolition of existing Station Two Dec./Jan. 2016 • One Year construction (complete Jan 2018) • Medic Three transitions to the new station with Chapel Hill Fire Manager's Recommendations: That the BOCC: 1. Approve the attached Town of Chapel Hill Use Agreement For the co-located Emergency Medical Services Substation; 2. Authorize the County Manager to execute the Agreement; and 3. Authorize the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement. Commissioner Jacobs asked if the brick building will be deconstructed. Deputy Chief Lawrence said the property will be conveyed to the development partners, and by the time the department moves out, it would not have a say in the demolition. Commissioner Jacobs said he was talking about the materials of the actual building. Deputy Chief Lawrence said he does not know the answer to this question. Commissioner Jacobs said he will add the deconstruction of recyclable materials to the motion. Commissioner McKee asked if there is an update about the co-location of EMS and the Fire Department. Kim Woodard said EMS are not yet co-located with Chapel Hill, but will be for this future endeavor. She said this is eagerly anticipated, and all other co-locations are going very well. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the Board to: 1) approve the attached Town of Chapel Hill Use Agreement For the co-located Emergency 22 Medical Services Substation; 2) authorize the County Manager to execute the Agreement; 3) authorize the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement; and 4) with the stipulation that the contract with the private entity shall include the recovery of recyclable materials prior to demolition. Commissioner McKee said he is not sure how the last stipulation would impact the cost, but assumes it would increase it. He asked if there is a proposal for how extensive this recovery needs to be. Commissioner Jacobs said the County and the Towns are parties to a recyclable materials recovery ordinance, which requires the recovery of any materials that can be recycled such as bricks, cinder blocks and clean wood. Deputy Chief Lawrence said he did check, and that is their standard practice. Commissioner Marcoplos said he was approached several years ago about deconstruction of the old Mama Dip's restaurant, and he was able to deconstruct it for less cost than demolition. He said Habitat for Humanity will take things out for free, and it is cost effective to do deconstruction. Bonnie Hammersley said she would follow up on this point with the Town of Chapel Hill. Commissioner Jacobs said he wanted to make sure that deconstruction is not being handed off to an entity that was not aware of the local practices, and the Board has an obligation to the larger world to promote environmentally sound policies. VOTE: UNANIMOUS c. Financial Policy for Outside Agency Funding The Board considered establishing and approving a financial policy for Outside Agency Funding that provides guidance on the appropriation of County funds to the non-profit community, with the scope of the policy establishing funding targets and criteria. Gary Donaldson, Chief Financial Officer, reviewed the background information below: BACKGROUND: Each year as a part of the budget process, Outside Agencies' applications and scorecards are provided to the County Manager to assist in recommending funding decisions as part of the Manager's Recommended Budget. The Board of County Commissioners then approves funding as part of the Budget Adoption process in June of each year. November 2016 Work Session Following a presentation and work session on November 10, 2016, the Board of County Commissioners directed staff to develop a financial policy which specifies the funding methodology for funding Outside Agencies. The following five funding scenarios were presented; 1) Percent of Budget 2) Previous Year's Allocation as Base 3) Incremental Unit of Tax Rate 4) Dollars Per Capita 5) Fixed Dollar Amount 23 The percent of budget methodology was determined to be the most appropriate funding option for the County. The County has historically funded Outside Agencies at 1% of the County Budget (Less the Education Appropriation). The BOCC directed staff to increase the funding target from 1% to 1.2%. Based on the FY 2016-17 Approved Budget (Less the Education Appropriation), 1% equates to $1,121,467 and 1.2% equates to $1,345,761. The work session included discussion on the merits of capital funding as part of Outside Agency Funding. The general sentiment was that the financial policy be primarily for funding operating expenses, but that there may be an exception for BOCC consideration. The financial policy provides guidance for a capital funding exception (Attachment 1). Financial Policy-DRAFT-Attachment 1 Outside Agency Funding Orange County provides grants to outside agencies to perform a variety of services for Orange County residents. On annual basis, the County will target 1.2% of the County's General Fund expenditures, less the appropriation for education expenses, for the purpose of funding outside agency operations. The education appropriation includes funds allocated to fund current expenses, recurring capital, long range capital, health and safety contracts, school debt service, and funds provided to the Durham Technical Community College. The County Manager shall design an outside agency application and scoring process. This process will be used to evaluate outside agency applications and make recommendations to the Board of Orange. County Commissioners on individual outside agency grant awards. A brief justification will be available to the Board of Commissioners to explain the County Manager's recommendations. Outside agency grants shall be used to fund an agency's operating expenses. These operating expenses may include personnel, contracted services, debt or loan payments, or other expenses related to the day to day operations of the agency. The County will not provide capital grants to outside agencies for the purpose of financing facility acquisition or construction, including contributions to capital campaigns. Exceptions to this general policy include the acquisition or construction of a facility owned or leased by the County for the purpose of providing space to outside agencies or space provided to outside agencies that were initiated by or originated as programs of County government. The Board of Commissioners may also consider capital funding request that include a repayment feature. The terms and conditions of this repayment would be approved by the Board of Commissioners in a formal agreement between the County and the outside agency. Commissioner Rich said the last paragraph of the abstract states that the general sentiment is that financial policy be primarily for funding operating expenses, but there may be exceptions for the BOCC's consideration, and asked if there might be times when the BOCC would look at options from outside agencies. Gary Donaldson said yes. Chair Dorosin said Attachment 1 has two paragraphs of exceptions, and asked if Gary Donaldson is now saying there may be additional exceptions. 24 Gary Donaldson apologized to Commissioner Rich, and said there would be no other exceptions. PUBLIC COMMENT: Riley Ruskey mentioned several increasing costs imposed by Orange County, and said the BOCC's appetite for spending the citizen's earnings is just too great. He said he supported not increasing the amount. He said as a US citizen and Veteran, he requested that this policy include the following statement: no County funds will be provided to any agency, organization or entity that aids and abets illegal activities. He said their Orange County government should not be aiding or abetting illegal activities. Hathaway Pendergrass said he is the President of the Board of Directors for the Rape Crisis Center. He said this Center has just embarked on a capital campaign to secure office space, and allowing more options for capital needs is helpful for outside agencies. Commissioner Rich asked if Hathaway Pendergrass would talk about the Center's increased needs. Hathaway Pendergrass said the capital campaign will help the Center expand their services and staff space. He said this organization has existed for 42 years, and recently set a record for most clients served in one month. He said there are more clients, and the Center is seeking to expand services to address more issues. He said there is insufficient staff to fill all of the educational programming that has been requested. Commissioner Jacobs asked if the desired size of space and quantity of funds could be identified. Hathaway Pendergrass said the Center is looking to get into a space larger than 5,400 square feet, and is seeking to raise $1.2 million. He said the building costs $800,000, with an additional $400,000 for upfitting. He said the Center is seeking $200,000 from the County with additional requests going to the Towns of Chapel Hill and Carrboro. He said the Center is currently in a suite of condos, and are also on a bus route. He said the new space would be in the same location but with an expansion of space. Commissioner Marcoplos asked if the number of people in need of services could be identified, versus the number of people that the Center is capable of serving. Hathaway Pendergrass said the Center serves between 500-600 people annually, and they are looking to double that number going forward. He said the Center is in a very cramped space, and anonymity is forfeited in this current space. Chair Dorosin reminded the Board that it is only discussing a policy change tonight. Commissioner McKee said outside agencies are vital to Orange County, and he does not mind raising the grant amount up to 1.2%, but he does have a problem with expanding the capital policy any more than what is written in the proposal. He said there are several outside agencies that are in the midst of capital campaigns, and if the Board opens that door it may not be able to close it. He said he is concerned that the County will end up picking up all capital costs for outside agencies. Commissioner Rich said she is fine with the target for 1.2%, but she does not like limiting more options for capital funding. She said the Rape Crisis Center is the only organization that provides these services, and she cannot support the portion of the policy that does not provide more options. Commissioner Jacobs said he will vote for this policy, but he is hesitant to increase the funding in advance of the budget process. He said he wants to support the non-profit community. 25 Commissioner Jacobs said he would rather see non-profits, seeking capital funding, to meet with staff about this policy. He said there are ways in this policy to address capital needs. Commissioner Burroughs said she is supportive of the increase in the percentage of funding. She said there are many non-profits that would like to own their own buildings, and rent can be covered in operating costs. She said non-profits often outgrow their space, and renting can allow nimble actions. She said there are so many needs coming at the BOCC from the State and Federal government, and she cannot support broadening the exceptions. Commissioner Price said she has worked with non-profits for years, and it is difficult to find funding for capital costs. She said, in reading the proposal, she sees options for possible discussions regarding capital needs, and it is a good first step. She said changes can be made in the future. Chair Dorosin said 1.2% is a target, and the provisions for capital funding are just that; it is not a commitment one way or the other, and gives the BOCC more options to evaluate on a case-by-case basis. A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to adopt the Outside Agency Funding Financial Policy, as written in Attachment 1. VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) Two minute break 7-d GoTriangle Appointment/Representation – added item – no abstract— Chair Dorosin reviewed the background on this item. He said former Commissioner Pelissier contacted him, and asked if she could stay on the GoTriangle Board of Directors until the BOCC picks its boards in January 2017. He said he was not comfortable doing this. He said the next five months is a critical window with GoTriangle. He said this is in no way a criticism of Commissioner Pelissier and her excellent work on this subject, but it reflects his concerns about this time period with GoTriangle. Chair Dorosin said he asked the Manager and the County Attorney about this process, and if the BOCC can appoint someone now or must it wait until January. He said the BOCC has the option to select a new representative to the GoTriangle Board this evening. He said there is a caveat that former Commissioner Pelissier is the GoTriangle representative on the Metropolitan Planning Organization (MPO) and if the BOCC replaces her, it is at the discretion of the GoTriangle Board as to whom it places on the MPO. Chair McKee said former Commissioner Pelissier sent an email expressing that if a new BOCC representative is chosen this evening, he/she would not be able to be sworn in before the GoTriangle Board meeting tomorrow evening. He said he is unsure about this component of the process. He said his concern is that the BOCC needs a current Board of County Commissioner to be on the GoTriangle Board of Directors (BOD), and he sees two options: appoint a new representative tonight, who will attend the GoTriangle meeting tomorrow; or not appoint a commissioner tonight and any interested Commissioner could attend the BOT meeting tomorrow and bring a report back to the BOCC. He said Commissioner McKee and former Commissioner Pelissier offered a third option, where a current BOCC member would be appointed this evening, but take effect on January 1, 2017. He said even with this third option, he would like the future appointee to attend the GoTriangle meeting tomorrow. He reiterated this process is not a knock on former Commissioner Pelissier's work. He said it is important 26 that a current Commissioner, rather than a designee, fills seats on an outside board. He said he is also very concerned about the tight timeline facing the Board with the LRT. Commissioner Price asked if there is a reason someone cannot be sworn in. Chair Dorosin said he does not know why this would not be possible. Commissioner Price asked Commissioner Jacobs about the MPO, since he is on this board, and if there would be a steep learning curve. Commissioner Jacobs said every board has its own culture and language, but he feels any Commissioner would be capable of serving. Commissioner Marcoplos suggested that former Commissioner Pelissier be allowed to represent them at tomorrow's meeting at the MPO, and the BOCC appoint someone tonight who would become effective December 15th Commissioner McKee agreed with Commissioner Marcoplos, to let former Commissioner Pelissier represent the BOCC tomorrow, and appoint someone else, effective whatever date the BOCC chooses. Commissioner Rich said she is not in favor of allowing former Commissioner Pelissier to continue as the BOCC representative to the GoTriangle BOD, and would favor appointing someone tonight to represent the BOCC going forward. Commissioner Burroughs said she is comfortable with Commissioner Marcoplos' suggestion. Commissioner Price agreed with Commissioner Rich to appoint someone right away. Chair Dorosin noted that the agenda for tomorrow's GoTriangle Board meeting is at their places, and pointed out that there may be an opportunity to raise several questions that the BOCC has. Commissioner Jacobs thanked Chair Dorosin for putting this item on the agenda. A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to have former Commissioner Pelissier to represent the BOCC tomorrow at the BOD's meeting, and elect another representative effective December 15th, who will attend tomorrow evening's BOD meeting. VOTE: Ayes, 3 (Commissioner McKee, Commissioner Marcoplos, Commissioner Burroughs); Nays, 4 (Chair Dorosin, Commissioner Jacobs, Commissioner Rich, Commissioner Price) A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint someone tonight, and that person will hold that position for 2017. VOTE: Ayes, 6; Nays, 1 (Commissioner McKee) Commissioner Jacobs said the GoTriangle Representative at the MPO meeting tomorrow is former Commissioner Pelissier, and someone needs to contact her with this updated information. Commissioner McKee agreed with Commissioner Jacobs, but said the new appointee needs to be sworn in prior to the MPO meeting. Donna Baker said the BOD meeting is at noon, and the new appointee could be sworn in at that time. She said someone would need to contact former Commissioner Pelissier to communicate the change made this evening, and there would not be a GoTriangle representative at the MPO meeting tomorrow morning. Commissioner Jacobs agreed, and said there is no guarantee that the BOD would appoint the BOCC member to the MPO. 27 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to appoint Commissioner Jacobs to the GoTriangle BOD for the remainder of 2016 and all of 2017. Commissioner Jacobs said Commissioner Marcoplos had also expressed an interest, and he would like to insure that he is accepting of Commissioner Jacobs taking this position. Commissioner Marcoplos said he was approached a few months ago about serving on the GoTriangle Board, and while he is willing, he said Commissioner Jacobs would be the best representative. Commissioner McKee said he appreciated Commissioner Marcoplos being flexible, and putting the interest of the Board above his own. VOTE: UNANIMOUS Commissioner Jacobs asked the Board to send questions to him before 8:30 a.m. tomorrow. Chair Dorosin said to make sure that Commissioner Jacobs has a copy of the last resolution passed, which contains points of concerns. He asked if Bonnie Hammersley would contact Commissioner Pelissier to update her on this change, and express the Board's thanks for her service. Donna Baker said she will contact the Clerk of the BOD to make her aware of the change, and the need to swear in Commissioner Jacobs. 8. Reports NONE 9. County Manager's Report Bonnie Hammersley said at their places the Commissioners have a publication called "Growing Small Businesses in Orange County," created by the Economic Development Department, and reflects the work done from July 1, 2015 to June 30, 2016. She said this is the first publication of its kind in Orange County, but will now be updated annually. She said it will be available on line, as well as hard copy. 10. County Attorney's Report John Roberts said the General Assembly is back in session, and a disaster relief item was accomplished today. 11. Appointments a. Nursing Home Community Advisory Committee —Appointment The Board considered making an appointment to the Nursing Home Community Advisory Committee. A motion was made by Commissioner McKee, seconded by Commissioner Rich for the Board to appoint the following to the Nursing Home Community Advisory Committee: • Appointment to a full first term (Position #12) "At-Large Nursing Home Administration" position for Vibeke Talley expiring 12/31/2019. 28 VOTE: UNANIMOUS b. Commission for the Environment—Appointments The Board considered making appointments to the Commission for the Environment. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the Board to appoint the following to the Commission for the Environment: • Appointment to a second full term (position #2) "At-Large Air Quality" for William Newby expiring 12/31/2019. • Appointment to a first full term (position #6) "At-Large" for Alan Parry expiring 12/31/2019. • Appointment to a first full term (position #7) "At-Large" for Alex Nickodem expiring 12/31/2019. • Appointment to a second full term (position #8) "At-Large" for Sheila Thomas-Ambat expiring 12/31/2019. • Appointment to a partial term (position #11) "At-Large" for Jeremy Marzuola expiring 12/31/2017. Commissioner Marcoplos said there are two other openings, for which the committee is recruiting applicants, and asked if this is accurate. Chair Dorosin said the abstract states that three openings will remain, even if the above nominations were approved, and they are for: biological resources, engineering, and general- at large. Commissioner Marcoplos said there are several willing applicants. Commissioner Rich said any applicants must fit these specific categories. Chair Dorosin asked if there are any nominations. Commissioner Marcoplos said he does not know any of the interested applicants, but was interested in understanding the process. Commissioner Price said she has served on this Commission, and said the Chair and Vice-Chair typically review applicants, looking for those with relevant experience, and will then make a recommendation to the BOCC. She said it does not have to be done this way, but has been so typically. Chair Dorosin said Commissioner Marcoplos is welcome to make a recommendation, especially for the at-large position. A motion was made by Commissioner Marcoplos, seconded by Chair Dorosin for the Board to appoint Clay Hudson for the at-large position (#13) on the Commission for the Environment. Commissioner Jacobs asked if this nominee struggled with attendance previously. Donna Baker said yes. Commissioner Jacobs opposed the motion. Commissioner Price said when she was Chair of the Commission, a letter was sent to Mr. Hudson due to his poor attendance. Commissioner McKee said this discussion points to his ongoing concern about making appointments on the fly. 29 Commissioner Marcoplos asked if Mr. Hudson's attendance record was documented or simply known by those involved. He said it would be helpful to have this type of information documented. Donna Baker said attendance records are only for those who are serving on a board at that time. Commissioner Price said there may have been extenuating circumstances, and suggested that Commissioner Marcoplos follow up with a phone call. Commissioner Marcoplos and Chair Dorosin rescinded the motion and second. VOTE: UNANIMOUS Chair Dorosin said he does not view Commissioner Marcoplos' motion as making appointments on the fly, but rather this is the process available to the BOCC. He said the BOCC could change the process and interview everyone, but he does not feel there is time or resources to operate in that way. Commissioner McKee said he understands these nuances, and does not have a suggestion for a different process. He said "on the fly" is his terminology, and he opposes this method as he has seen some of these previous decisions backfire. c. Orange County Planning Board —Appointment The Board considered making an appointment to the Orange County Planning Board. Commissioner Jacobs asked if this appointment could be deferred until the Board discusses a policy about having elected officials from other entities serve on their boards. Commissioner Price said she emailed John Roberts, and he said it was fine if the BOCC wanted to appoint an elected official from another board to this board. Commissioner Jacobs said in the past, appointing other elected officials on their boards, has been avoided. He said there is only one applicant, which is not an effective pool. Commissioner Burroughs said Chapel Hill had this situation years ago, and it is really tricky to have a dual role. She said, in this particular instance, she agreed with Commissioner Jacobs. A motion was made by Commissioner Price seconded, by Commissioner Jacobs to defer this item. VOTE: UNANIMOUS d. Orange Unified Transportation Board —Appointment The Board considered making an appointment to the Orange Unified Transportation Board. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to appoint the following to the Orange Unified Transportation Board: • Appointment of Justin Miller to a first full term to fill a vacancy (position #14) "At-Large" expiring 09/30/2019. VOTE: UNANIMOUS 30 12. Board Comments Commissioner McKee said the questions he provided for GoTriangle are not all- inclusive, but are just a starting point. He said he wants to get the conversation started due to the great time restraints. Commissioner Marcoplos said he was one of the first members of a group called Cobalt, to deal with building inspectors. He said this group met, successfully, and helped streamline how code officials implement codes. He said there could be a similar type of group to meet with the various planning departments to help streamline the process. Chair Dorosin said to treat this as a petition, and referred it to staff. Commissioner Rich said the Family Success Alliance (FSA) met, and it is embarking on a community engagement strategic plan. She suggested having Todd McGee, Community Relations Director, involved in these discussions. Commissioner Burroughs had no comments. Commissioner Jacobs thanked Dr. Colleen Bridger for her services as the Orange County Health Director, and wished her well in her move to San Antonio, TX. Commissioner Jacobs said the Ag Summit has been moved to February 20, 2017. He said the two main thrusts of the summit are: what is a bona fide farm; and broadband in rural areas, and how the County is hamstrung and can free residents from corporate dictatorship. Commissioner Jacobs suggested using this part of the agenda to report as liaisons on their various outside boards or conferences. He said some Commissioners do this via email, and some do not do it at all, but it would be helpful for all to receive regular updates on important information. Donna Baker said Todd McGee has developed a reporting sheet for Commissioners to complete after going to conferences, and it has been emailed to the Board. She said this is an additional tool. Commissioner Price went to the Rural Action Caucus Symposium, and broadband in rural areas was a big topic of discussion, due to its widespread impact. Commissioner Price said Bill Ingram, Durham Tech President, has talked with the Manager's office about erecting another building on the Orange County campus of Durham Tech. She suggested putting this topic on a future work session to give Durham Tech some parameters or guidelines, so that all involved are on the same page. Commissioner Price said she attended a book launch at the FRANK that was done with the children from the Rogers Eubanks Neighborhood Association. She said it was a fantastic event. Commissioner Burroughs referred to Commissioner Jacobs' comments on liaison and conference reporting, and said her listening skills tend to wane after the appointments portion of regular meetings, and would encourage emails as a way to communicate these updates. Chair Dorosin said the Orange County Partnership to End Homelessness met this week, and the coordinator will be presenting an update to the Board in early 2017. He said the Partnership is conducting a gaps analysis that will highlight gaps in existing services, as well as provide a broad map for how to move through the system. He said the Partnership is also reviewing all of the governments' ordinances to see if there are statutes or ordinances that adversely affect or impact the homeless. Chair Dorosin said North Carolina is the only state in the country that treats all 16 and 17 year old offenders as adults, and there are bipartisan reports circling that this may change. Commissioner Price said this will likely be discussed at an upcoming North Carolina Association of County Commissioners (NCACC) meeting. Commissioner Marcoplos said he was listening to the Legislative Committee discussion on this topic, and he heard clear bipartisan support for increasing the age. 31 13. Information Items • December 5, 2016 BOCC Meeting Follow-up Actions List • Memo Regarding Amendment to FY 2016-17 Approved Outside Agencies • Memorandum - Joint Planning Agreement— Chapel Hill Planning Commission Membership • BOCC Chair Letter Regarding Petitions from December 5, 2016 Regular Meeting 14. Closed Session A motion was made by Commissioner Rich, seconded by Commissioner McKee to adjourn into closed session at 9:56 p.m. for the purposes below: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Closed Session Minutes VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to reconvene into regular session at 10:20 p.m. VOTE: UNANIMOUS The Board went into open session to be able to ask specific questions about this proposed acquisition and financing options. Chair Dorosin said if OCS uses monies from their CIP to purchase this property, what will happen to their facilities maintenance schedule. Pam Jones said they would reallocate funds over a negotiated period of time and that way they would be able to manage within their existing CIP. Commissioner Jacobs asked what this proposed acquisition would actually be used for. Dr. Wirt said: Building 1: • One stop shop from an enrollment standpoint for families to access OCS services, such as nutrition services. This would free up some space at Orange High School Building 2: • Alternative learning school (100-150 students) whereas their current Partnership Academy's capacity is approximately 40 students • Evening academy— grades 9-12 Annex: 32 • Move IT to annex • Possible Fire Academy Commissioner Jacobs asked how would they explain to the public the purchase of this property and explain sufficiently enough to CHCCS. Dr. Wirt said by saying an opportunity presented itself to the OCS; the retrofit is limited; expands opportunities for alternative learning school. But he said he did not have an answer in reference to CHCCS. Pam Jones said they would track the cash flow in their CIP. Commissioner Burroughs asked how does SAPFO relate to their space needs. Dr. Wirt said their current situation is not a good for families trying to access certain services that are located within a school campus. It does free up some space at OHS. Pam Jones said these are areas outside of the classroom areas and therefore would not affect SAPFO. Commissioner McKee asked does this factor in the need to re-district. Dr. Wirt said this does not address their need to look at student assignments. Commissioner McKee asked about the possible use of bond funds for this purchase instead of the CIP funds. Pam Jones said they had not discussed this –that this would be pay as you go monies. Commissioner McKee asked how does OCS plan to take care of their facility needs which OCS had indicated were inadequate if they plan to use CIP funds. Pam Jones said this is a choice—they still can defer some expenses by re- prioritization. Commissioner Marcoplos asked about the alternative learning aspect and how many more students might they be able to serve. Dr. Wirt said that at this time the maximum they can serve are 40 students (and they are unable to serve middle school students at all) so this would enable them to expand their school and learning options. Commissioner Rich said it is good to look at future needs and centralizing services. Commissioner Jacobs said he is not comfortable fronting the monies for this purchase. Bonnie Hammersley said staffs have talked about the possibility of using impact fees toward the purchase since funding this amount of money would affect the county's debt capacity. Commissioner Jacobs said he felt if they did move forward that this would be setting a precedent for possibly CHCCS to ask for the same consideration at some point. And he felt that the Board was being asked to consider a lot of information on a very short notice. Discussion ensued. Chair Dorosin said if there was a way to focus on increased capacity, the more this would support the use of impact fees for the purchase. Chair Dorosin asked about the possibility of using bond funds for this purchase. Discussion ensued. 33 Again, Dr. Wirt reiterated again that the OCS staff is going before their OCS Board on January 9th to ask for final approval on this offer for this acquisition, but that it is contingent on Orange County's support. Bonnie Hammersley said that she/staff will work with Pam Jones to flesh out financing options (impact fees/capacity/bond monies) over the holiday break. Commissioner Jacobs requested that there be no commitment to anything by OCS until the BOCC can discuss this further, including the financial options. And that OCS not submit an offer to the OCS Board —just financing options, since the BOCC would not be able to discuss this in open session until January 24, 2017. Pam Jones said staff could try and convince the OCS Board to re-prioritize their bond projects in order to accept an offer to purchase. 15. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to adjourn the meeting at 11:15 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board