HomeMy WebLinkAboutAgenda - 04-04-2017 - 8-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2017
Action Agenda
Item No. 8-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.
March 7, 2017 BOCC Regular Meeting
March 27, 2017 BOCC Legislative Breakfast 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 March 7, 2017
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, March 7,
10 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
13 Barry 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 7:00 p.m.
21
22 1. Additions or Changes to the Agenda
23
24 A motion was made by Commissioner Rich, seconded by Commissioner McKee to swap
25 the positions of Items 7-a and 5-a.
26
27 VOTE: UNANIMOUS
28
29 Staff requested to defer Item 6g: Request for Road Addition to the State Maintained Secondary
30 Road System (Eubanks Road — SR 1727, Partial), and Secondary Road Abandonment
31 (Eubanks Road, SR 1727, Partial) on the Consent Agenda, until the March 21st agenda.
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 Dennis Sechrist said he received his property revaluation notice, and he is upset.
41 He said he lives in Hillsborough, and his revaluation went up $100,000. He said his wife
42 and brother are both in a nursing home, and he is financially responsible for them. He
43 said 25 percent of his social security will have to be used to pay these taxes. He said the
44 Board of County Commissioners (BOCC) now wants residents to put their money into
45 light rail, which is something he will never use. He said this organization is mafia like,
46 and criminal. He said the BOCC has a controlling influence, and it is raping the people of
47 Orange County in the name of taxes. He said he is a VeteranCommissioner Jacobs
48 suggested that Mr. Sechrist be referred to the County Tax Administrator, Duane Brinson,
49 to learn about the appeals process.
50
2
1 b. Matters on the Printed Agenda
2 (These matters will be considered when the Board addresses that item on the agenda
3 below.)
4
5 2. Petitions and Announcements by Board Members
6 Commissioner Price had no petitions or announcements.
7 Commissioner Jacobs said the Criminal Justice Advisory Council met last week, and
8 reviewed some new programs in the County, including one called Strong Fathers. He said
9 there was also a presentation on Mental Health at the meeting.
10 Commissioner Jacobs referred to the February 23rd BOCC meeting with the Town of
11 Hillsborough, and petitioned to get the letter that the Town of Hillsborough sent to Orange
12 County Schools (OCS) addressing OCS's concerns about the Collins Ridge development. He
13 said OCS reports it never received this letter.
14 Commissioner McKee had no petitions or announcements.
15 Commissioner Rich petitioned taking an old school bus and wiring it with Wi Fi, in order
16 to partner with OCS to take the Internet into the rural areas.
17 Commissioner Rich said she attended the Racial Equity training this past weekend, and
18 it was an enlightening class. She recommended that the Manager offer it to Department
19 Heads.
20 Commissioner Burroughs had no petitions or announcements.
21 Commissioner Marcoplos echoed Commissioner Rich's comments about the Racial
22 Equity training.
23 Chair Dorosin petitioned to add Cornelius Street to the Economic Development District
24 study.
25 Chair Dorosin said there is an increasingly growing fear among the immigrant
26 community in the County. He said Durham County recently committed to ceasing license
27 checkpoints, and he would like Orange County to do the same. He asked if this request could
28 be forwarded to the Sheriff to assess his willingness to make this change.
29
30 4. Proclamations/ Resolutions/ Special Presentations
31
32 a. Alcoholic Beverage Control (ABC) Board Update Presentation
33 The Board received a brief presentation from representatives of the Orange County
34 Alcoholic Beverage Control (ABC) Board and provided feedback or questions as needed.
35 Gregg Jarvies, ABC Board Chair, said the ABC Board has implemented the living wage
36 in FY 2015-16 of$12.76 for all part-time and full-time employees, and will be increasing it again
37 to $13.15 sometime around mid-year. He indicated the ABC Board's commitment to continued
38 adherence to the Orange County living wage standards going forward. He said the Board is
39 working on a point of sale network, which allows electronic sales in the stores to be tracked by
40 inventory in the warehouse. He said property was purchased on the corner of Oakdale and Old
41 highway 86, and it is hoped that the newest Hillsborough location will be constructed on that
42 property within about three years.
43 Gregg Jarvies said the ABC store property on Elliot Road has been sold, and the store
44 will be relocated to Rams Plaza, next to the Food Lion. He said this location should be
45 occupied no later than July 1. He said the Carrboro store is both a retail and distribution
46 location, and will need to undergo a major renovation totaling around $750,000, which includes
47 finding an alternate location during the renovation period.
48 Gregg Jarvies said Gross sales are up the first six months of the year, and are at 4.8%.
49 He said the accompanying taxes also go up an equal amount. He said payroll expenses are up
50 over 14% due to the living wage. He said sales to retail customers were down through
3
1 December. He said two big clients, Baileys Restaurant and Bar and La Rez, both closed. He
2 said more bars will open, and the losses will eventually be recouped. He said there was an
3 uptick in retail sales in January, which he hopes will continue. He said sales are down just
4 under 5% at the Elliot Road store, which is the largest volume store. He said the construction
5 project adjacent to this store has caused many hurdles.
6 Gregg Jarvies said overall year to date, net change and retained working capital is down
7 just under$140,000, principally because of the losses at Elliot Road and the higher payroll
8 expenses. He said they are looking forward to a strong spring, hoping the Tar Heels go far in
9 the NCAA tournament.
10 Commissioner McKee referred to the new prospective locations, and asked if Gregg
11 Jarvies could explain the rationale behind the chosen locations.
12 Gregg Jarvies said the Elliot Road property was sold, making the move mandatory. He
13 said the new store in the Chapel Hill North shopping center was initially intended to be built in
14 the southern part of the County, but the ABC Commission denied the placement of the store.
15 He said the ABC Board's goal is to serve its customers in the cleanest environment possible.
16 He said there is a small store in Hillsborough across from Bojangles, where the traffic is terrible.
17 He said the new facility on Oakdale and Old highway 86 will address the need for a better
18 location, and will be the flagship store in the northern end of the County. He said the final
19 location that is desired would be in the southern portion of the County, near Southern Village.
20 Commissioner McKee commended the ABC Board for its dedication and detail oriented
21 approach to keeping expenses and revenues in balance. He said nice facilities will encourage
22 residents to buy in Orange County.
23 Commissioner Marcoplos expressed his appreciation for the ABC Board paying the
24 living wage, and for selling TOPO distillery products, which are locally made.
25 Chair Dorosin echoed the praise for the living wage.
26 Chair Dorosin said he inquired about the annual distribution of funds from the ABC
27 Board coming back to Orange County. He said it has remained at $400,000 for at least five
28 years, and asked if the ABC Board would consider increasing the contribution.
29 Gregg Jarvies said the ABC Board would have a response by April.
30
31 b. BOCC Recognition of Employees and Organizations that Served During Hurricane
32 Matthew and the Western North Carolina Wildfires
33 The Board recognized Orange County employees and community partners who served
34 other North Carolina residents and communities in need of assistance during Hurricane
35 Matthew and the Western North Carolina Wildfires.
36 Brenda Bartholomew, Orange County Human Resources Director, presented this item.
37
38 BACKGROUND:
39 A few days before Hurricane Matthew arrived off the east coast of Florida, the
40 North Carolina Department of Agriculture and Consumer Services (NCDACS) gathered
41 information from North Carolina counties for potential emergency response that would likely be
42 needed in North Carolina. NCDACS also called some members of North Carolina Animal
43 Federation (NCAF), including Orange County, for assistance with gathering information from
44 NCAF members that might be able to assist Eastern North Carolina with emergency response.
45
46 On the morning of October 15, 2016, after being on standby for more than week, Orange
47 County Animal Services deployed five staff members to Kinston, North Carolina to relieve a
48 team that had been in place there since Hurricane Matthew hit North Carolina earlier in
49 October. Brenda Bartholomew recognized those staff members:
50 • Jasmine Johnson
4
1 • Shane Oakley
2 • Tammy Boggs
3 • Gretchen Biehl
4 • Tiani Schifano
5
6 These staff volunteered to form a pet colocation shelter team and worked in Kinston from
7 October 15 through October 21. The team cared for a group of animals that were being
8 sheltered for people housed at the Red Cross Shelter on the same elevated college campus
9 and coordinated with pet owners to assure the welfare of the animals. The team started with 48
10 animals in their care and 27 animals still remained when the group was relieved by another pet
11 colocation team.
12
13 During Hurricane Matthew, Emergency Services staff from the Divisions of Emergency Medical
14 Services (EMS) and Emergency Management (EM) were dispatched to respond to the needs of
15 other North Carolina counties. The EMS team consisted of:
16 • Austin Muench
17 • Robert Crouch
18 • Jennifer Temple
19 • Nicholas Bachman
20
21 This group worked as a Strike Team staffing ambulances and responding to calls in Robeson
22 County. This team also delivered highway message boards to the Brunswick County, North
23 Carolina area under the direction of Emergency Management.
24
25 The Emergency Management team consisted of:
26 • Kirby Saunders
27 • Josh Hollingsworth
28
29 These individuals effectively managed the deployment of resources to the flood affected areas
30 and were both deployed as members of the Incident Management Team to serve in Robeson
31 County and the Regional Coordination Center.
32
33 County and Municipal Fire and Rescue Departments also served other North Carolina
34 communities during Hurricane Matthew. Those providing fire and rescue services during
35 Hurricane Matthew were:
36 • Orange Rural Fire Department
37 • Chapel Hill Fire Department
38 • South Orange Rescue Squad
39
40 There were also multiple County and Municipal Fire Departments involved in fighting the
41 Western North Carolina Wildfires including:
42 • Orange Rural Fire Department
43 • Chapel Hill Fire Department
44 • Carrboro Fire-Rescue-add names
45 • Cedar Grove Fire Department
46 • Efland Fire Department
47 • New Hope Fire Department.
48
49 Carrboro Fire-Rescue Department
5
1
2 Wildfire Deployment I
3 1. Scott Walker
4 2. Daniel Bass
5 3. Victoria Donahue
6 4. Dylan Lowe
7
8 Wildfire Deployment II
9 1. Daniel Speight
10 2. Chris Wade
11 3. Hugh Miles
12 4. Barrett Beasley
13
14 Wildfire Deployment Ill
15 1. Keith Crabtree
16 2. Chris Covington
17 3. Will Potter
18 4. Kennedy Strowd
19
20 Cedar Grove IFlire Department
21
22 Wildfire Deployment (Mountains)
23 1. Firefighter Bradley Dixon
24 2. Firefighter Justin Farrar
25
26 Chapel Hill IFlire Department
27
28 Hurricane Matthew Deployment:
29 1. Emergency Manager Barry McLamb
30 2. Battalion Chief Robbie Borgesi
31 3. Captain Paul Moss
32 4. Captain Bill Blankenship
33 5. Captain Gerry Boone
34 6. FEO Ryan Warner
35 7. FF Jeff Stevens
36 8. FF April Manyon
37 9. FF Kyle Vega
38 10. FF Ben Batley
39 11. FF Chris Cardwell
40 12. Lisa Edwards
41
42 Wildfire Deployment I
43 1. Captain Stacey Graves
44 2. Captain Gerry Bone
45 3. FF Danielle Currin
46 4. FF Phillip Nasseri
47
48 Wildfire Deployment II
49 1. Assistant Chief Jeff Cabe
50 2. Captain Jim Bona
6
1 3. FEO Jimmy Lambert
2 4. FF April Manyon
3
4 Wildfire Deployment Ill
5 1. Captain Chris Stephens
6 2. FEO Dennis Puckett
7 3. FF Jeff Stevens
8 4. FF Chris Cardwell
9
10 Efiand Fire Department
11
12 Wildfire Deployment (Party Rock)
13 1. Shane Cannada
14 2. Will Brooks
15 3. Chris Wade
16 4. Scott Hackler
17
18 New Hope IFlire Department
19
20 Wildfire Deployment (Piney Mountain and Clear Creek)
21 1. Captain Eddie Walker
22 2. Captain Chris Craven
23 3. Firefighter Meredith Summers
24
25 Orange Rural IFlire Department
26
27 Hurricane Matthew Deployment (Robeson and Brunswick Counties)
28 (Robeson County)
29 1. Mac Cabe
30 2. David Shaw
31 3. Kenneth Duncan
32 (Brunswick County)
33 1. Joel Massey
34 2. Shane Clark
35 3. Josh Hudson
36 4. Charles Bowden
37
38 Wildfire Deployment
39 1. Mac Cabe
40 2. Jeff Holden
41 3. Bill Davis
42
43
44 South Orange Rescue Squad (SORS)
45
46 Hurricane Matthew Deployment
47 1. Christy Asbill
48 2. Assistant Chief Joshua Asbill
49 3. Elizabeth Ferguson
50 4. Theresa Forshey
7
1 5. Amanda Hefty
2 6. Brian Huneycutt
3 7. Des Lambert
4 8. Chief Matthew Mauzy
5 9. Captain Nate Montminy
6 10. Sean Miller
7 11. Captain Tucker Philbrook
8 12. Carly Sherrod
9 13. Elizabeth Shipman
10 14. Lt. Anne Wandishin
11 15. Jay Zhang
12
13 7. Regular Agenda
14
15 a. GoTriangle Presentation on the Status of the Durham Orange — Light Rail
16 Transportation (DO-LRT) Project
17 The Board received a report from GoTriangle representatives, on communications
18 between GoTriangle and the Federal Transportation Authority (FTA), related to the timeline for
19 the Durham Orange— Light Rail Transportation (DO-LRT) project, and discussed the
20 implications of the most recent information on the project, and considered potential options for
21 the project.
22 Jeff Mann, GoTriangle General Manager, said this evening will provide an update, with
23 the goal of moving towards getting the light rail up and running. He said this line will provide
24 options for a more predictable, congestion-free commute, as well as economic and
25 environmental benefits. He said the funding picture has changed due to last year's legislature
26 cap of 10%. He said the GoTriangle staff has worked closely with staffs and leaders of both
27 Durham and Orange Counties, as well as local universities, governments and the private
28 sector.
29 Jeff Mann said the next phase is the engineering phase, which was applied for with the
30 FTA. He said, on February 15th, Governor Roy Cooper added this project to a list of priority
31 shovel ready, or near shovel ready, projects, that was submitted to the Department of
32 Transportation (DOT). He said there are three active bills in the General Assembly to remove
33 the 10% cap. He said GoTriangle received an email on February 16th, from the FTA requesting
34 additional documentation from all involved entities to be delivered by the end of April. He said
35 these documents would acknowledge the updated cost estimate and funding strategy for the
36 project, and would confirm that at least 30% of the non-federal funds remain committed, in
37 order to move into the engineering phase.
38 Jeff Mann said since receiving this notification, GoTriangle has worked with all
39 organizations and Counties to submit this necessary documentation. He said the Durham and
40 Orange County Staff working group met last week, where Travis Myren lead the effort to
41 develop an accelerated schedule for the review and approval for the Bus and Rail Investment
42 plans, which is at the Commissioners' places. He said this accelerated schedule will help meet
43 the April 30th deadline, and will allow the approval of the updated Bus and Rail Investment Plan
44 for Orange County. He said this was originally scheduled for April, then moved to June, partly
45 to better inform the cost share decision between the counties. He said the proposal is to move
46 the approval back to April.
47 Jeff Mann said the proposed decision to extend the project till June was a joint decision,
48 but it is believed that the new schedule is quite doable. He said if the April 30th deadline is not
49 met, then the project will automatically be withdrawn from the NewStarts process. He said it is
8
1 better to stay in the pipeline, as there are many risks with withdrawal, and no guarantee of
2 being readmitted to the program.
3 Commissioner Price asked if the revenue to Orange County could be identified.
4 Jeff Mann said it would be $175 million in new tax revenue statewide. He does not have
5 numbers specific to Orange County.
6
7 PUBLIC COMMENT:
8 Alex Castro, Jr. said he is a Bingham Township resident, the current vice-chair of the
9 Orange County Unified Transportation Board (OUTBoard) and a volunteer driver for the
10 Department on Again. He has also served for years on the Aging Advisory Board. He said the
11 number of senior residents will soon reach 20%, in Orange County. He said public
12 transportation is critical for this community, and the proposed light rail (LRT) will not serve the
13 majority of this population. He said it will be a huge expense and would severely limit funds for
14 other types of transportation. He said there is little access to public transportation in rural
15 areas, and while there are attempts to expand, it is simply not enough. He said this problem
16 will only increase over time, and he believes the LRT will not be delivered on time or on budget.
17 He implored the BOCC to cut its losses and move on.
18 Julie McClintock said she represents Chapel Hill Alliance for a Liveable Town, as well as
19 a countywide coalition of individuals interested in, and concerned about, the BOCC decision on
20 the LRT portion of the Orange County Transit Plan. She said her groups want effective public
21 transit and a better plan for Orange County. She commended the BOCC for conducting an
22 independent analysis of the GoTriangle financial plan. She petitioned the Board of County
23 Commissioners to call a public hearing so citizens can weigh in on the analysis done by
24 Davenport, as well as the updated Bus and Rail Plan, and changes to related documents. She
25 said the BOCC is getting ready to make a billion dollar decision, which must be founded in
26 facts.
27 She requested that Orange County staff release this analysis when it is received, and provide a
28 presentation at the Public Hearing, allowing for analysis by County staff and questions from the
29 public.
30 Charles Humble said he voted for the transit tax in 2012, and has supported light rail up
31 to now. He said issues are complicated, and he does not support LRT as it is now. He said he
32 supports a petition for a public hearing before making any decisions on this matter.
33 Brenda McCall reviewed her concerns and the problems with the current plan. She
34 supports the petition for a public hearing.
35 Bonnie Hauser said she is confused with the current plan, and she supports the petition
36 for a public hearing on this issue. She reviewed her concerns about the costs.
37 Del Snow shared her concerns and questions about the light rail's financial plan.
38 Alex Cabannes shared his concerns about the present light rail proposal. He cited the
39 failures of the LRT system in Charlotte.
40 Richard Chady said he supports the petition for a public hearing. He said there will be
41 limited economic development and unlimited financial responsibility.
42 Steve Tilley said he does not support light rail since most people in Orange County will
43 not ride it on the northwest side of 140. He said it is too costly a burden to put on the taxpayer.
44 Patricia Clayton said she is speaking on behalf of the Northern Orange National
45 Association for the Advancement of Colored People (NAACP), who is in support of public
46 transportation, and stresses an emphasis on the need for buses. She spoke to the BOCC in
47 December, and finds it hard to believe that just a few months later, there is a new, more costly
48 plan in place. She said LRT will not serve their community. She said they advocate for a
49 transportation system that serves all of Orange County.
9
1 Tony Blake referred to a handout, and said the proposed plan will not serve the lower
2 income residents, and will not be affordable. He said there must be a better plan that serves
3 the people paying for it, not only those who can afford to live close to it.
4 Ken Larsen shared concerns about at grade light rail crossings. He said there are 40
5 sections of the LRT that are at-grade, with about half of these being crossings. He said this will
6 occur 150 times per day at each of the at-grade crossings, which will exacerbate traffic.
7 Lisa Kayle said it is a different world with President Trump in office. She said this is a
8 war on public transportation, and the LRT may well not receive federal funding. She said if this
9 happens, Orange County will still be on the hook for millions of dollars for engineering costs for
10 nothing. She said even more time will have been wasted in not putting effort into a realistic
11 transportation plan. She said to take all of this into consideration.
12 Dave Laudicina said he is grateful that the BOCC and the residents have voted to
13 participate in regional rail with their surrounding counties. He said there are existing railroad
14 tracks that can be used. He said he is supportive of regional rail, LRT, and bus rapid transit.
15 Lisa Brach said there are assumptions that light rail will reduce congestion and add
16 more transit options to all in Orange County, and these are just not true. She said she has
17 concerns and is not in support of it.
18 Neal Bench is a Chapel Hill resident and said he is impressed with all of the previous
19 speakers and their research. He said he voted for the transit tax, but he hoped there would be
20 significant improvement in the bus service along with the rail. He said he is concerned about
21 the costs with overruns, debt, etc. He said the operating costs are not certain and wonders who
22 picks up any of these extra costs. He would like this project discontinued at this time, and
23 recommends moving to one with more flexible transit options. He said the County has many
24 other needs that already cannot be met, and continuing with this project is unwise.
25 Ramona McGee said she is an attorney with the Southern Environmental Law Center
26 (SELC), which has advocated for this light rail project. She encouraged the BOCC to continue
27 supporting this project.
28 Rachel Hawkins said she is speaking on behalf of the Schley Grange, who supports the
29 goal of providing transportation in Orange County but they cannot support this current plan.
30 Molly DeMarco said she is a daily transit rider. She said she will ride the light rail and
31 she is in support of a comprehensive transit plan, with increased bus service, a railroad station
32 in Hillsborough, and light rail.
33 Bishop Victor Glover said he is with Fathers on the Move, a local non-profit that works
34 with men transitioning into life after prison. He said there are a lot of other resources in Orange
35 County, but transportation is a very important piece of successful transition for these men. He
36 asked the BOCC to insure that all residents have good public transportation in Orange County.
37 Sheila Creth said she lives in a congested area in Chapel Hill that will not be relieved by
38 light rail. She said she has concerns about this whole process and GoTriangle's misleading
39 and confusing information. She petitioned the Board of County Commissioners to take the
40 time for discussion and a public hearing on this plan, prior to making any discussions.
41 John Morris said the BOCC is being pressured tonight to make big decisions without full
42 information and enough time. He said GoTriangle created these current problems. He shared
43 his concerns about the light rail plan. He expressed support for a public hearing after the
44 BOCC has received the results of its independent analysis.
45 Joan Guilkey said their dream of light rail has become a nightmare, and costs will fall to
46 the taxpayers in Orange County with the train not starting until 2029. She voted for the transit
47 tax in 2012, but she did not vote for what is proposed now. She expressed support for the
48 Board of County Commissioners holding a public hearing.
49 Shannon Stephenson said Aldersgate UMC is at the end of their neighborhood, and it
50 will not exist if light rail is put in. She said her neighborhood is in the bull's eye, and while they
10
1 support public transit, they do not support this plan. She said she supports the petition for a
2 public hearing.
3 Heather Brutz said she is a transit user by choice, and she is in support of the light rail
4 and increased bus service. She said her employment has always depended on access to
5 transit.
6 Ben Reinhart said he relies on public transit in Chapel Hill, and where he chose to live
7 and work was dependent on access to public transit. He said a strong public transportation
8 system can expand the horizons of all residents of the area.
9 Sue Hunter said she is in favor of light rail, and she sees it as an artery and not the only
10 transit tool. She said the LRT is a natural extension of the rural buffer, which increased
11 residential density inside it. She said LRT is an investment in the overall transportation system.
12 She said everyone may not use the LRT, but there are many services that are not used by all
13 but are still paid for by all, such as schools or parks.
14 Alyson Coleman said she is the President of her HOA in Richmond Hills in Efland. She
15 said there is one bus that goes from her community to Duke, but because of her schedule she
16 cannot take it. She said the service is so limited. She said the bus system is a cupcake with no
17 frosting, sprinkles or cherry. She said this must be improved before adding LRT.
18 Paula Hemmer is an environmental engineer. She uses public transportation when she
19 can, but finds the service to be very limited. She said buses are a flexible option to light rail.
20 She said the LRT project is just a sexy fixed line bus, and it is too costly. She challenged the
21 BOCC to think outside the box, and build up their bus ridership before considering the light rail.
22 Commissioner Marcoplos expressed thanks to the public for all their comments. He
23 said he is trying to figure this all out, and he needs to understand the financial part of this plan.
24 He said he has been researching bus rapid transit as an alternative to light rail. He said there
25 are few gold level BRT systems with dedicated lanes. He said there are varying levels of
26 services that seem to go slower, and thus he does not see BRT as an alternative to light rail
27 outside of the cost. He said getting to the gold level BRT would be just as costly as light rail.
28 He said he welcomes alternative research to what he has discovered.
29 Commissioner Price said BRT has controls on buses that trigger the lights, and there
30 are different levels of BRT.
31 Commissioner Jacobs said wherever opinions may fall, he appreciated people coming to
32 the meeting and being involved.
33 Commissioner Jacobs said he hoped that there will be a public hearing on this issue,
34 once the requested information is received.
35 Commissioner Jacobs said he will reserve judgement until the end of April, but he did
36 come up with four questions during the public comment period. They are:
37 1. What is Orange County's financial exposure, immediately and long term, beyond the funds
38 generated by the 1/2 cent sales tax?
39 2. Can we be confident that GoTriangle can successfully execute the plan before us or any
40 amended plan?
41 3. What is the realistic long-term outlook for bus service in Orange County under the current
42 plan?
43 4. What is the wisest way for Orange County to proceed, when the leadership of the General
44 Assembly, especially the Senate, has been antagonistic to light rail, and Congress and the
45 Entertainer-in-Chief cannot be relied upon to follow-through on important public
46 commitments?
47
48 Chair Dorosin referred to the revised schedule at their places, and asked Bonnie
49 Hammersley if there is time to hold a public hearing on April 18th.
11
1 Bonnie Hammersley said financial information will be received on April 4th, and the BRT
2 plan will become available April 3. She said a public hearing could occur on April 18th.
3 Commissioner Price said the revised schedule has a time for public comment with
4 GoTriangle, and said she wants to make sure that the public gets the opportunity to be fully
5 heard.
6 Chair Dorosin said yes, both are warranted.
7 Commissioner McKee said comments by the Bishop hit him the most because it
8 demonstrated how this plan will not serve the people that need it.
9 Commissioner McKee reviewed the time timeline since November, noting that
10 GoTriangle repeatedly requested a letter from the BOCC endorsing $4 million per year for 10
11 years to be submitted to the FTA. He said in mid January the BOCC was told that the $4
12 million was no longer needed, and the plan was to backload Transportation Infrastructure
13 Finance and Innovation Act (TIFIA) loans. He said this communication did not actually say that
14 because there was a statement indicating that the "local fund could still be needed".
15 Commissioner McKee said GoTriangle presented the LRT to the BOCC again on
16 January 16th, but at the February 16th meeting GoTriangle was in possession of a letter from
17 FTA stating concerns, which was not disclosed to the Board of County Commissioners.
18 Commissioner McKee said at the same February 16th meeting, the BOCC was told that
19 June was the decision date, and now tonight the deadline April 30tH
20 Commissioner McKee asked Jeff Mann if he knew when the back loaded loans would be
21 issued.
22 Jeff Mann said that GoTriangle did tell the BOCC on February 16th about the
23 communication from FTA.
24 Commissioner McKee said he did mention this, but he did not indicate the seriousness
25 of the FTA communication.
26 Jeff Mann said the FTA communication was received that day, and it was not yet fully
27 understood by GoTriangle.
28 Commissioner McKee asked if the communication indicated a previous phone
29 discussion on February 15th
30 Jeff Mann said yes there was a conference call, where the FTA indicated a letter would
31 be following with full information on the issues.
32 Commissioner McKee asked if TIFIA could be defined, and when those loans would be
33 issued.
34 Jeff Mann said TIFIA loans come through the DOT, and would be issued in 2020 with
35 the beginning of construction.
36 Danny Rogers, GoTriangle Project Director, said these loans will be issued over the
37 construction time frame, so that debt is not taken on before it is needed.
38 Commissioner McKee asked if the original principal amount of the TIFIA loans could be
39 clarified.
40 Danny Rogers said $400 million, and he said there are other types of financing as well.
41 Commissioner McKee said the TIFIA loans will be $400 million borrowed, and asked if
42 the interest rate could be clarified.
43 Jeff Mann said 5% was in the financial model, but 3% is more likely.
44 Commissioner McKee asked if the date of the first TIFIA loan payment could be
45 identified.
46 Danny Rogers said payment is not due until after the project is completed, with the first
47 five years being interest only. He said the first payment is due in 2032.
48 Commissioner McKee asked if it is an interest payment starting in 2032, or if it is a
49 deferred interest payment.
50 Danny Rogers said the interest is delayed until the later on.
12
1 Commissioner McKee asked if the interest accrues to principal.
2 Jeff Mann said yes.
3 Commissioner McKee asked if it is known what the principal will have risen to in 2032.
4 Danny Rogers said this information can be obtained.
5 Commissioner McKee said he thinks it is around $550 million.
6 Commissioner McKee said in the life of these TIFIA loans, the original amount of the
7 loan is $400 million with the deferred interest raising it to $550m. He asked if the total interest
8 paid from 2032 to 2062 on the original loan could be identified.
9 Danny Rogers said that is in the finance plan, and he will get that information.
10 Commissioner McKee said he estimates it is about $750 million in interest at 5%
11 interest.
12 Danny Rogers said this information has been provided to staff previously, and he does
13 not have it on hand this evening, but he can obtain it. He said he does not think the total is that
14 high.
15 Commissioner McKee asked if the total of the interest and the principal paid by 2062 on
16 these loans could be identified. He thinks it may be over $1 billion.
17 Commissioner McKee asked if the total amount of interest and principle paid in 2062 on
18 the TIFIA loans is included in the $2.5 billion number presented before the BOCC, or does $2.5
19 million only take the plan to 2035.
20 Danny Rogers said $2.5 billion is the cost to build the project plus the interest that is
21 incurred during the term of the Full Funding Grant Agreement (FFGA). He said the cost of the
22 money being borrowed to finance the local share of that, outside of the window of the FFGA, is
23 not included in the $2.5 billion.
24 Commissioner McKee said all of his questions related to the TIFIA loans are not
25 included in the $2.5 billion.
26 Danny Rogers said only a portion of the interest that is within the current FFGA, where
27 the money is being borrowed to advance the federal participation, is what is eligible for federal
28 funds. He said incurred after that is not included in that cost. He said "after that" would be
29 2030.
30 Commissioner McKee said the first payment on the TIFIA loans are not made until 2032,
31 so none of them would be included.
32 Danny Rogers said the majority of the interest incurred on the TIFIA loans would not be
33 included in the $2.5 billion.
34 Commissioner McKee said with that the projects cross the $3 billion mark.
35 Jeff Mann said a lot of these questions will be answered in the Davenport report.
36 Commissioner McKee said the residents here tonight deserve answers.
37 Commissioner McKee said he appreciates Commissioner Jacobs question regarding a
38 plan for if the 1/2 cent sales tax falls short. He asked if there is 30% contingency.
39 Jeff Mann said yes.
40 Commissioner McKee asked if the average overrun on projects such as these is known.
41 Jeff Mann said two independent cost reviews have been done, and both reviews as well
42 as GoTriangle are confident in the overall cost estimate.
43 Commissioner McKee asked who would pay the difference, if the cost overrun goes to
44 40%.
45 Jeff Mann said the federal share is 50%, the state maximum share is 10%, the local
46 would have to absorb the remaining. He said the current cost share agreement has Orange
47 County at 23 percent.
48 Commissioner McKee clarified that the County will only pick up its share of any cost
49 overrun over 30%.
13
1 Jeff Mann said the federal share will be 50% of the declared amount when the project
2 enters into engineering. He said the local share would have to absorb cost overruns, as well as
3 if state funding did not materialize at the full ten percent.
4 Commissioner McKee asked if the project runs $200 million over the 30% in the plan,
5 would Orange and Durham counties pick up the cost in its entirety.
6 Jeff Mann said GoTriangle is working with partners to find ways to defray these costs,
7 but in general, yes the funds would come from the local share.
8 Commissioner McKee said one resident said GoTriangle Special tax board can levy a
9 tax, and asked if this is accurate.
10 Jeff Mann said no. He said the special tax board authorizes a tax only once the voters
11 approve it.
12 Commissioner McKee asked if funding comes up short, then it would have to go back to
13 a referendum.
14 Jeff Mann said if it were a sales tax, he believes that would be the case.
15 Commissioner McKee asked if the guarantor for all of these bonds and loans could be
16 identified.
17 Jeff Mann said GoTriangle would issue the debt, which would be secured by the assets
18 of the system.
19 Commissioner McKee asked if the County has any liability at all.
20 Jeff Mann said to his knowledge that is correct.
21 Commissioner McKee asked John Roberts if he concurred with that conclusion.
22 John Roberts said he is not sure that he does concur. He said he is at a loss for the tax
23 questions. He said as far as he knows, there is no other tax available for transit, as the County
24 has already committed its limited sales tax option. He said anything else would have to come
25 from the legislature.
26 Commissioner Burroughs referred to the 4% sales tax growth assumption, and asked
27 Jeff Mann if he could comment on that assumption.
28 Jeff Mann said Moodys Analytics were hired to conduct an analysis of the sales tax
29 growth rate in both Orange and Durham counties, which was the source for that number, which
30 Moodys deems to be the most realistic forecast moving forward.
31 Commissioner Burroughs said finances are her main concern, and she is interested in
32 discussion with Durham about the proper shares, given the realistic opportunity for economic
33 development, given the location of the stations.
34 Commissioner Burroughs referred to the idea of the public hearing, and said the public
35 would be able to comment at the April 18th meeting and she said she does not feel a separate
36 hearing is needed. She said the public is always welcome to send emails, which can
37 sometimes be more effective.
38 Chair Dorosin said he does not see the substantive difference between what happened
39 this evening, and a public hearing. He agreed with Commissioner Burroughs.
40 Commissioner Price asked if, given the risks involved with the funding of the LRT, the
41 outcome for bus service and other transportation could be explained.
42 Jeff Mann said the bus improvements that are in the Durham and Orange County Bus
43 and Rail Investment Plan, which include BRT on the MLK corridor and to the Hillsborough train
44 station, are still in the plan and are funded by the plan.
45 Commissioner Price asked if the bus expansion would be threatened due to cost
46 overruns of the LRT.
47 Jeff Mann said most of the bus expansion would happen prior to the LRT. He said a
48 large investment in one mode of transportation does limit the options of expanding other
49 modes.
14
1 Commissioner Price asked the Orange County staff if the County's credit rating will be
2 affected by all of the risks of LRT.
3 Gary Donaldson, Orange County Chief Financial Officer, said it depends on the
4 recourse, and he said it if is a contingent liability then it would impact the County's credit rating.
5 Commissioner Price said she is concerned about the finances, but is just as concerned
6 about social justice goals. She said she wonders how this plan is meeting the needs of those
7 with low income, and if this project takes so much of the County's time and money then the
8 social justice goals may as well be thrown away.
9 Commissioner Rich thanked the public for their patience. She said all involved are
10 working on the financials, and all are thinking this through. She said the public is welcome to
11 speak at any regular BOCC meeting, whether this item is on the agenda or not.
12 Commissioner McKee asked if there were 35,000 new bus hours in the original plan.
13 Jeff Mann said yes.
14 Commissioner McKee asked if the percentage of these hours, that have already been
15 implemented and/or committed, is known.
16 John Talmadge, GoTriangle Regional Services Development Director, said the hours
17 allotted to GoTriangle and the Orange Public Transportation (OPT) are fully committed. He
18 said the Town of Chapel Hill has most of the hours, and it has not fully committed its hours yet.
19 He said the Town has about 7,500 hours that it has not yet committed.
20 Commissioner McKee asked if the amount of hours remaining to be allocated from the
21 35,000 could be identified.
22 John Talmadge said he can get this information to the Board.
23 Commissioner McKee said he said he understands there are 35,000 hours throughout
24 the life of the plan.
25 John Talmadge said there are 35,000 annually. He said it starts at 200,000 hours, and
26 is supposed to increase to 235,000 in the first 3 to 5 years, and stay in this steady state until
27 2035.
28 Commissioner McKee said technically there are very few extra hours to allocate from
29 now to 2035.
30 John Talmadge said of the 35,000 there is about 1/3 left to allocate. He will put precise
31 numbers in writing.
32 John Talmadge said once the rail service is opened, there are choices to be made about
33 services that are parallel to the rail.
34 Commissioner Jacobs said he finds it difficult to organize numbers that are being flown
35 about. He suggested that the Board organize all its questions into categories, and submit them
36 to the Manager who can submit them to GoTriangle.
37 Commissioner McKee said he respected and endorsed Commissioner Jacobs'
38 suggestion, but noted that he submitted a list of questions to GoTriangle on December 13th and
39 did not receive answers.
40 Jeff Mann said he has provided information, and if there is anything outstanding that
41 GoTriangle can provide, it will be happy to do so.
42 Commissioner Rich suggested that the focus be on Orange County's costs.
43 Commissioner Jacobs said he agreed with Commissioner McKee, and asked him to
44 resubmit his questions through this process.
45 Chair Dorosin said to start with Commissioner McKee's questions, and the rest of the
46 Board could submit questions to be organized by the Manager. He reviewed the revised
47 timeline:
48 • March 17: new financial model available
49 • March 20: options on project cost sharing with Durham County
50 • April 4: Report from the Davenport Group
15
1 • Week of April 3: Draft Bus and Rail Investment plan available
2 • April 18: public comment at BOCC meeting
3
4 Chair Dorosin said all the questions must be answered by April 30th. He suggested that
5 the Board submit any questions by Friday on a weekly basis.
6 Jeff Mann said GoTriangle is happy to provide weekly updates.
7 Chair Dorosin asked for these to be shared with the public and the Board.
8 Mike Charbonneau, GoTriangle Director of Communications, said there is ongoing staff
9 working groups involving Orange and Durham counties.
10 Commissioner McKee referred to the timeline, and suggested a wording change for the
11 March 7th entry. He said to change the word "approving" to "consideration". He suggested this
12 same change for the final meeting on April 18th. He also asked that the public item hearing be
13 inserted into the verbiage for the April 18th meeting.
14 Chair Dorosin said the BOCC does have to approve a Bus and Rail Investment Plan, but
15 what that plan looks like is up for debate.
16
17 6. Consent Agenda
18
19 • Removal of Any Items from Consent Agenda
20 Item e by Commissioner Jacobs
21 • Approval of Remaining Consent Agenda
22
23 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
24 approve the remaining items on the Consent Agenda.
25
26 VOTE: UNANIMOUS
27
28 • Discussion and Approval of the Items Removed from the Consent Agenda
29
30 e. BOCC Rules of Procedure Revision
31 The Board considered approval of modifications to the BOCC Rules of Procedure.
32
33 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to put
34 Public Hearings before the Regular Agenda.
35
36 VOTE: Ayes, 6; Nays, 1 (Chair Dorosin)
37 MOTION PASSES
38
39 a. Minutes
40 The Board approved the minutes from February 7, 13 and 16, 2017 as submitted by the Clerk
41 to the Board.
42 b. Motor Vehicle Property Tax Releases/Refunds
43 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
44 property tax values for ten (10) taxpayers with a total of thirteen (13) bills that will result in a
45 reduction of revenue in accordance with NCGS.
46 c. Property Tax Releases/Refunds
47 The Board adopted a resolution, which is incorporated by reference, to release property tax
48 values for three taxpayers with a total of three bills that will result in a reduction of revenue in
49 accordance with North Carolina General Statute 105-381.
50 d. Application for Property Tax Exemption/Exclusion
16
1 The Board considered one untimely application for exemption/exclusion from ad valorem
2 taxation for one bill for the 2016 tax year.
3 f. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of
4 2017 Annual Technical Advisory Committee Report
5 The Board received the 2017 Annual Report of the SAPFO Technical Advisory Committee
6 (SAPFOTAC) and authorized the Chair to sign the transmittal letter and send it to the SAPFO
7 partners for comments before certification in May.
8 h. Boards and Commissions-Commissioner Assignments
9 The Board approved the list of boards and commissions on which members of the Board of
10 County Commissioners would like to serve as agreed upon at the February 16, 2017 BOCC
11 Work Session.
12 i. Reappointment of Tax Administrator
13 The Board approved a resolution, which is incorporated by reference, reappointing Timothy
14 Dwane Brinson as Orange County Tax Administrator for a two-year term effective July 1, 2017,
15 and authorized the Chair to sign.
16 j. Reappointment of Four (4) Deputy Tax Collectors
17 The Board reappointed Valerie Curry, Bernice Gwynn, Linda Jaubert, and Bobbie Underwood
18 as Deputy Tax Collectors for two-year terms effective July 1, 2017.
19
20 5. Public Hearings
21
22 a. Orange County's Proposed 2017 Legislative Agenda
23 Greg Wilder reviewed the recommendations before the Board:
24
25 1) Conduct a public hearing on Orange County's potential legislative items for the 2017
26 North Carolina General Assembly Session;
27 2) Close the public hearing and review and discuss the Legislative Issues Work Group's
28 (LIWG) proposed 2017 legislative package and any other potential items for inclusion
29 in Orange County's legislative agenda package for the 2017 North Carolina General
30 Assembly Session;
31 3) Consider approval of one proposed legislative matters resolution on Statewide
32 Issues;
33 4) Consider approval of one proposed legislative matters resolution on the hunting while
34 subject to an impairing substance; and
35 5) Consider identifying three to five specific items from the entire package to highlight
36 for priority discussion at the March 27, 2017 breakfast meeting with Orange County's
37 legislative delegation.
38
39 Commissioner Price referred to #6— *Raise Age for Juvenile Jurisdiction in
40 Criminal Court, and said this was one of the goals of North Carolina Association of County
41 Commissioners (NCACC). She said the NCACC did provide an exception for felony crimes,
42 and Orange County does not share that exception. She is in favor of Orange County's version,
43 and the Board agreed.
44 Commissioner Jacobs referred to #29-Agriculture— Support Conservation of
45 Working Lands and Farmland Preservation— Support a revision to the revenue and acreage
46 requirements of the Use Value Program to reduce acreage requirements and increase the
47 income threshold— and said he would like this to be one of the 5 items that is brought forth at
48 the Legislative Breakfast.
49 Commissioner Jacobs asked if the Manager would please send the BOCC's legislative
50 goals to the Department Heads.
17
1
2 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to add
3 support for removing the light rail funding cap to number#34:
4 #34 Transportation Funding —Support increased state funding for transportation construction
5 and maintenance needs, and support legislation to ensure that the STI funding formula
6 recognizes that one size does not fit all and that projects in both rural and urban areas are
7 prioritized and funded; and to remove light rail cap on funding.
8
9 VOTE: UNANIMOUS
10
11 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
12 close the public hearing.
13
14 VOTE: UNANIMOUS
15
16 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to:
17 Approve the proposed legislative matters resolution on Statewide Issues (attachment 2) as
18 amended by motion above.
19
20 VOTE: UNANIMOUS
21
22 John Roberts said Wildlife Resources Officer Forrest Orr, who was a member of the
23 Firearms Safety Committee, requested the item below:
24
25 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to:
26 Approve the legislative matters resolution to prohibit hunting while subject to an impairing
27 substance.
28
29 VOTE: UNANIMOUS
30
31 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
32 approve the items below to discuss with the Legislative Delegation at their joint March 27th
33 breakfast meeting:
34
35 #6- Commissioner Price Raise Age for Juvenile Jurisdiction in Criminal Court
36 #15- Commissioner Rich Voter Registration and Voting
37 #24 Commissioner Marcoplos Bona Fide Farm Use
38 #29- Commissioner Jacobs Agriculture— Support Conservation of Working Lands
39 and Farmland Preservation
40 #34- Commissioner Burroughs Transportation Funding (as amended)
41
42 VOTE: UNANIMOUS
43
44 8. Reports
45 None
46
47 9. County Manager's Report
48 Bonnie Hammersley said the Board's transit questions will be put on a cycle, and staff
49 will work with the Public Information Officer to put them on the County website. She told
50 Commissioner McKee that staff still has his previous questions, and he need not resubmit them.
18
1 Bonnie Hammersley said there are Information Items from the Arts Commission Director
2 that she wanted to bring to the Board's attention.
3
4 10. County Attorney's Report
5 John Roberts said Senator Foushee filed a bill today to allow counties to pay for and
6 install broadband infrastructure, and lease it to internet service providers. He does not know
7 what will come of the bill, but 2 Democrats and 2 Republicans filed it, which is encouraging.
8
9 11. Appointments
10
11 a. Commission for the Environment—Appointments
12 The Board considered making appointments to the Commission for the Environment.
13
14 A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to
15 appoint the following to the Commission for the Environment:
16
17 • Appointment to a partial term (position #12) "At-Large Engineering" for Marshall Gray
18 expiring 12/31/2018.
19 • Appointment to a partial term (position #13) "At-Large" for Matt Crook expiring
20 12/31/2018.
21
22 VOTE: UNANIMOUS
23
24 b. Nursing Home Community Advisory Committee —Appointment
25 The Board considered making an appointment to the Nursing Home Community
26 Advisory Committee.
27
28 A motion was made by Commissioner Rich, seconded by Commissioner Price to
29 appoint the following to the Nursing Home Community Advisory Committee:
30 • Appointment to a second full term (Position #8) "At-Large" position for Jerry Ann
31 Gregory expiring 03/31/2020.
32
33 VOTE: UNANIMOUS
34
35 c. Orange County Planning Board —Appointments
36 The Board considered making appointments to the Orange County Planning Board.
37
38 A motion was made by Commissioner McKee, seconded by Commissioner Price to
39 appoint the following to the Orange County Planning Board:
40
41 • Appointment to a first full term (position #1) "Cedar Grove Township Resident" for
42 Donna Coffey expiring 03/31/2019.
43
44 VOTE: UNANIMOUS
45
46 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
47 appoint the following to the Orange County Planning Board:
48
49 • Appointment to a partial term (position #5) "Hillsborough Township Resident" for David
50 Blankford expiring 03/31/2020.
19
1
2 VOTE: UNANIMOUS
3
4 A motion was made by Commissioner Rich, seconded by Commissioner Price to
5 appoint the following to the Orange County Planning Board:
6
7 • Appointment to a second full term (position #9) "At-Large" representative for Lydia
8 Wegman expiring 03/31/2020.
9
10 VOTE: UNANIMOUS
11
12 A motion was made by Commissioner Price, seconded by Commissioner McKee to
13 appoint the following to the Orange County Planning Board:
14
15 • Appointment of Ramchandra Athavale to a first full term (position #11) "Chapel Hill
16 Township Resident" expiring 03/31/2020.
17
18 VOTE: Ayes, 3 (Commissioner Price, Commissioner McKee, Commissioner Jacobs); Nays, 4
19
20 MOTION FAILED
21
22 A motion was made by Commissioner Rich, seconded by Chair Dorosin to appoint the
23 following to the Orange County Planning Board:
24
25 • Appointment of David Mansor to a first full term (position #11) "Chapel Hill Township
26 Resident" expiring 03/31/2020.
27
28 VOTE: Ayes, 2 (Commissioner Rich and Chair Dorosin); Nays, 5 (Commissioner McKee,
29 Commissioner Burroughs, Commissioner Jacobs, Commissioner Price, Commissioner
30 Marcoplos)
31
32 MOTION FAILED
33
34 A motion was made by Commissioner Marcoplos, seconded by Commissioner
35 Burroughs to appoint the following to the Orange County Planning Board:
36
37 • Appointment of Alex Gregory to a first full term (position #11) "Chapel Hill Township
38 Resident" expiring 03/31/2020.
39
40 VOTE: Ayes, 3 (Commissioner Rich, Commissioner Burroughs, Commissioner Marcoplos);
41 Nays, 4 (Chair Dorosin, Commissioner McKee, Commissioner Price, Commissioner Jacobs)
42
43 MOTION FAILED
44
45 Recall the vote for Alex Gregory:
46
47 A motion was made by Commissioner Marcoplos, seconded by Commissioner
48 Burroughs to appoint the following to the Orange County Planning Board:
49
20
1 • Appointment of Alex Gregory to a first full term (position #11) "Chapel Hill Township
2 Resident" expiring 03/31/2020.
3
4 VOTE: Ayes, 4 (Commissioner McKee, Commissioner Rich, Commissioner Burroughs,
5 Commissioner Marcoplos); Nays, 3 (Commissioner Jacobs, Commissioner Price, Chair
6 Dorosin)
7
8 MOTION PASSES
9
10 A motion was made by Chair Dorosin, seconded by Commissioner Marcoplos to appoint
11 the following to the Orange County Planning Board:
12
13 • Appointment of Phil Venable to a first full term (position #12) "At-Large" representative
14 expiring 03/31/2020.
15
16 VOTE: Ayes, 3 (Commissioner Marcoplos, Chair Dorosin, Commissioner Rich); Nays, 4
17 (Commissioner McKee, Commissioner Jacobs, Commissioner Price, Commissioner Burroughs)
18
19 MOTION FAILED
20
21 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
22 appoint the following to the Orange County Planning Board:
23
24 • Appointment of Julian (Randy) Marshall to a first full term (position #12) "At-Large"
25 representative expiring 03/31/2020.
26
27 VOTE: Ayes, 4 (Commissioner McKee, Commissioner Price, Commissioner Jacobs,
28 Commissioner Burroughs); Nays, 3 (Chair Dorosin, Commissioner Rich, Commissioner
29 Marcoplos)
30
31 MOTION PASSES
32
33 12. Board Comments
34 Commissioner Rich thanked the tax department for staying through the meeting.
35 Commissioner Burroughs said Communities In Schools of Orange County has fully
36 closed, and their remaining dollars were distributed to several other non-profits.
37 Commissioner Price went to National Association of Counties (NACo) conference, and
38 she is on the Arts Subcommittee. She said they submitted several photographs, three of which
39 were chosen, blown up to poster size, and posted around the hotel. She said Deputy Clerk
40 David Hunt took all three photographs.
41 Commissioner McKee said he appreciated moving Item 7-a to the front of the agenda,
42 and he wished he had thought to do the same with the consent agenda.
43
44 13. Information Items
45
46 • February 21, 2017 BOCC Meeting Follow-up Actions List
47 • Tax Collector's Report— Numerical Analysis
48 • Tax Collector's Report— Measure of Enforced Collections
49 • Tax Assessor's Report — Releases/Refunds under $100
50 • Memorandum - Changes to the Orange County Arts Commission Grants Process
21
1 • BOCC Chair Letter Regarding Petitions from February 21, 2017 Regular Meeting
2
3 14. Closed Session
4 NONE
5
6 15. Adjournment
7
8 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
9 adjourn the meeting at 10:38 p.m.
10
11 VOTE: UNANIMOUS
12
13
14 Mark Dorosin, Chair
15
16 Donna Baker
17 Clerk to the Board
18
1
1 Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 Legislative Breakfast
6 March 27, 2017
7 8:30 a.m.
8
9 The Orange County Board of Commissioners met for a breakfast meeting with the Orange County
10 Legislative Delegation on Monday, March 27, 2017 at 8:30 a.m. at the Solid Waste Administrative
11 Offices in Chapel Hill,N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Commissioners Mia Burroughs, Barry Jacobs, Mark
14 Marcoplos, Earl McKee, Renee Price and Penny Rich
15 COUNTY COMMISSIONERS ABSENT: Chair Dorosin
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis
18 Myren, Clerk to the Board Donna Baker, Assistant to Manager for Legislative Affairs Greg Wilder(All
19 other staff members will be identified appropriately below)
20 LEGISLATIVE DELEGATION PRESENT: Senator Valerie Foushee, Representative Verla Insko,
21 Representative Graig Meyer
22
23
24 Commissioner Rich called the meeting to order at 8:37 a.m.
25
26 Commissioner Rich said Chair Dorosin would be unable to attend.
27
28 Commissioner Rich said she would like to add the discussion of Bills 406 and 436 bills to the agenda.
29
30 Commissioner Rich said she is part of TJCOG and at the end of their meeting last week, Dustin Tripp
31 from Knightdale started talking about Bill 436 and as a Republican he was furious (even though the
32 COG is a non-partisan group). Mr. Tripp said he is tired of the General Assembly's stance on issues.
33 She said the COG got in touch with the Managers about the millions in loss if House Bill 436 were to
34 pass.
35
36 County Attorney John Roberts said Bill 406 that was currently filed focused on taking away Orange
37 County's authority to enact impact fees. He said the next day, Bill 436 was filed and it had the same
38 connotations but is broader in scope in that it affects other counties, including Orange County and
39 municipalities.
40
41 It was mentioned that Bill Faison asked Rep. Sarah Stevens to file this bill.
42
43 Commissioner Rich said the Board of Commissioners would like to know what the next steps are.
44
45 Representative Insko said she talked with Rep. Stevens and Rep. Stevens talked about jurisdictions that
46 enacted fees without authority but Representative Insko pointed out that Orange County has authority.
47 She said she does not know if this is a demonstrative action or of the legislature will pass this bill and
48 she said she understood that the developers are supporting this bill.
49
2
1 Commissioner Price said before these two bills were filed, the NCACC had mentioned that impact fees
2 were under fire across the state.
3
4 Representative Insko said Bill 436 has one co- sponsor and Bill 406 has no additional sponsors.
5
6 Representative Meyer said he is on the finance committee and will hear it if these bills go there.
7
8 Representative Insko said this bill is just in in the House and not yet in the Senate.
9
10 John Roberts said the NCLM (North Carolina League of Municipalities) is opposed to both bills.
11
12 Commissioner Jacobs asked if the Legislature knew that both Chatham and Orange Counties have
13 authority to enact these impact fees.
14
15 Senator Foushee arrived at 8:48ain.
16
17 John Roberts said many entities that have been charging fees without authority are now repealing their
18 ordinances.
19
20 Commissioner Rich said impact fees go to toward school construction costs and she said they can send
21 the Delegation some solid numbers to help fight against these bills.
22
23 Commissioner Rich said there is a letter to the editors that was written after their COG meeting (she
24 distributed this it) and she asked the Delegation does the BOCC fight this in the media.
25
26 Representative Insko said the School Boards and Superintendents also need to be vocal.
27
28 Representative Insko said is the current developer that is challenging the impact fees in Orange County
29 an anomaly.
30
31 John Roberts said this developer has already been scheduled to be considered to be grandfathered in on
32 the impact fees and they are aware of this situation.
33
34 Bonnie Hammersley said the appeals process is for a developer to bring an appeal forward to the
35 Planning director and planning staff with consultation with the County Attorney's office. After review,
36 the appeals will be brought forward to the BOCC. The staff is currently prepared to provide a
37 recommendation in reference to grandfathering in of the Grove Park project in Chapel Hill.
38
39 John Roberts said developers had met with planning staff but stopped communicating with the planning
40 department after initial meetings and that is why there is a delay.
41
42 Commissioner Jacobs said they are committed to exemptions with senior housing and can do the same
43 for student housing.
44
45 Representative Meyer said he understood that this developer is a family owned business and wanted to
46 do self-financing of their project and thus the impact fee would directly affect their personal financing.
47
48 Commissioner Rich referred to the proposed draft letter to the Editor of the local newspaper(that she
49 had distributed earlier) and asked for feedback from the Delegation.
3
1
2 Representative Meyer suggested that they do not use the verbiage "being rushed"in the opening
3 statement first.
4
5 Senator Foushee said they only know that the bill has been introduced.
6
7 Representative Meyer said he would like to know the "whys" of impact fees and he asked why the
8 assessment of the impact fees is important.
9
10 Travis Myren said every few years there is study of student generation fees and these were indicated
11 recently and these new developments were showing more students and he said the largest increase in
12 fees was in apartment buildings.
13
14 Representative Insko said she heard that this development in Chapel Hill was only for UNC students.
15
16 Commissioner Rich said a lot of the impact fees decreased in this study and where the fees increased
17 were in the multifamily home dwellings,
18
19 Representative Insko said if she were the Commissioners, she would focus on how to respond to the
20 huge increase in the impact fees for this one development. She suggested starting the letter by saying
21 that many fees went decreased. She also suggested adding in that any large unit can appeal these impact
22 fees.
23
24 Representative Meyer said he understood that with this particular project in Chapel Hill that the increase
25 of impact fees for it increased from $100,000 to $1.2 m and in the Board's proposed letter they it states
26 that these bills will take away$2.8m in impact fees for Orange County. The perception is that this one
27 project is paying over 1/2 of all of the impact fees that Orange County will be collecting.
28
29 Travis Myren referred to the back sheet of the hand out at their places-Historical Impact Fee Activity.
30
31 Commissioner Rich added that impact fees have not increased since 2008.
32
33 Representative Meyer said their impact fee structure will make housing that much more expensive.
34
35 Commissioner Rich said impact fees are not an affordable housing tool.
36
37 Commissioner Burroughs said the unattended consequences are that developers are not interested in
38 affordable housing and this is outside of the impact fees.
39
40 Representative Insko said this whole current issue had become a public relations problem.
41
42 Representative Meyer said the increases in impact fees will slow or stop the growth of larger housing
43 complexes and this will affect the housing market.
44
45 Commissioner Jacobs said they hired a consultant that did the impact fee analysis and the Board picked
46 a mid-point as to the enactment of the impact fees and they understand the impact of their decision. He
47 said state and federal governments are not helping local governments build schools. Orange County is
48 trying to balance the competing interests and if a development is joining our community, it needs to
49 help the impact they are creating. The board's decision was to create a balance.
4
1
2 Representative Meyer said he supported the Board's right to enact impact fees and they as a Delegation
3 will help fight these bills but the perception is that this one developer will be paying up to 50% of all
4 their impact fees. This will get labeled that this will hurt affordable housing and this is a messy issue in
5 Orange County as well as for them as legislators.
6
7 Representative Insko said they are worried about the public's perception.
8
9 Senator Foushee said they need to know how to defend this in the legislature. It looks as if Orange
10 County is gunning for one particular developer and with that perception, then the developers will be
11 pushing back.
12
13 Commissioner Burroughs said they need to "tweak" their public message. She asked the Delegation
14 what the regional strategy is going forward.
15
16 Representative Insko said the republicans need to take the lead and Representative Meyer agreed.
17
18 Commissioner Marcoplos said the developer abandoned the appeals process and so they don't know
19 what their projected impact fee would have been.
20
21 Representative Insko said they don't need to blame the developer in the public arena.
22
23 Representative Insko said the appeals process is still on going and she asked the Board to tell the public
24 and them what they have done on other appeals.
25
26 Travis Myren said Carraway Village is an example and Representative Insko said to use that example in
27 their letter.
28
29 PRIORITY DISCUSSION TOPICS
30 Raise Age for Juvenile Jurisdiction in Criminal Court- Commissioner Price
31 Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18.
32 Item#6 in the attached Board of Commissioners' Statewide Issues Resolution(Page 3)
33 * See also the attached North Carolina Association of County Commissioners 2017-18 Legislative
34 Goals—
35 Senator Foushee said this one is done.
36
37 Voter Registration and Voting- Commissioner Burroughs
38 Support legislation to: 1)maintain same day voter registration, early voting and Sunday voting
39 provisions, and the pre-registration of 16 and 17 year olds in preparation for voting; 2)restore straight
40 party ticket voting, the validity of out of precinct provisional ballots, and the public financing of judicial
41 elections; and 3) eliminate all photo identification requirements.
42 Item#15 in the Board of Commissioners' Statewide Issues Resolution
43
44
45 Commissioner Burroughs asked if this was still in the courts and the Delegation agreed.
46
47 Representative Meyer said they don't know the court timing and they don't know any other Republican
48 restrictions that may come forward.
49
5
1 Representative Insko said they are supportive of on line registration.
2
3 Representative Insko said all of this is in the context that the Republicans have the vote.
4
5 Commissioner Rich said is there an update on the 2017 special elections.
6
7 Representative Meyer said it is still in the Supreme Court.
8
9 Senator Foushee said they will probably know something in June.
10
11
12 Bona Fide Farm Use- Commissioner Marcoplos
13 Support legislation clarifying that the farm use and agriculture exemption of 153A-340 that restricts
14 local zoning authority applies only to property on which the production of crops or livestock is the
15 primary use. Clarify that marketing and agritourism activities must be secondary uses of the property
16 and do not qualify for the exemption in the absence of the production of crops or livestock.
17 Item#24 in the Board of Commissioners' Statewide Issues Resolution
18
19 Commissioner Marcoplos said he is assuming this is happening all over the state and he listed the
20 reasons to be certified as a bona fide farm.
21
22 Representative Insko said you can have primary uses of farm uses and also have a wedding venue so
23 how do you determine what is primary.
24 Commissioner Marcoplos said there is a listing of uses and so this needs to be consistent with their agri-
25 support initiatives.
26
27 Representative Meyer said this is not an issue all over the state. He said many want to supplement their
28 farms' income and he said there are two issues: the ability for counties and cities to control zoning in
29 these areas and also there is the fire code issue. A barn is not set to the same fire codes as a barn being
30 used for a wedding. The fire marshals are very involved in this issue and they are trying to work with
31 those involved to work this out. He said the word "primary"is the main word.
32
33 Commissioner Marcoplos said they may just have a farm first, and then eclipse with agri-support
34 enterprises.
35
36 John Roberts said one of the issues is that N.C.'s definition of agritourism is a part of the farm activities
37 definition and that is the problem of challenging this,
38
39 Representative Meyer said no one is interested in doing a separate bill and when the Farm Act of 2017
40 goes through this provision may be added.
41
42 Commissioner McKee said this all centers around the urbanization of counties and it is not just around
43 the Chapel Hill area. There are farms all over the county who have a problem with urban transplants.
44 This is going to be a continuing issue.
45
46 Representative Meyer said this is going to turn into a property rights issue and will be hard to win in the
47 legislature. But to add fire codes will restrict who will be able to add these structures to their farms.
48
6
1 Commissioner McKee said for a major venue it is important but not so much for minor farms. It will
2 come down as to who will be able to afford to do this, to be able to add in the necessary fire codes.
3
4 Commissioner Price said this may end up being a local bill at some point.
5
6 Senator Foushee said it may be good if the Board could send that language to them so they can be
7 prepared for the Farm Act of 2017 and they may be able to add a revision.
8
9 Commissioner Jacobs said the Delegation may want to talk with Council Member Tim Bradley on the
10 Mebane City Council since his area of expertise is with fire marshals/fire codes.
11
12 Representative Meyer left at 9:30amn.
13
14 Agriculture—Support Conservation of Working Lands and Farmland Preservation-
15 Commissioner McKee
16 Support a revision to the revenue and acreage requirements of the Use Value Program to reduce acreage
17 requirements and increase the income threshold.
18 Item#29 in the Board of Commissioners' Statewide Issues Resolution
19
20 Commissioner McKee said may farms are small nowadays and any support of reducing this affects these
21 smaller farms and will reduce the tax burden.
22
23 Representative Insko said she met with the Food Council and most of these are small farms and she will
24 look into this.
25
26 Commissioner Jacobs said this is worthwhile for Orange County and that is why the Board supports it.
27
28 * Transportation Funding- Commissioner Jacobs
29 Support increased state funding for transportation construction and maintenance needs, and support
30 legislation to ensure that the STI funding formula recognizes that one size does not fit all and that
31 projects in both rural and urban areas are prioritized and funded, and eliminate the cap on light rail
32 funding.
33 Item#34 in the Board of Commissioners' Statewide Issues Resolution
34 * Also part of the North Carolina Association of County Commissioners 2017-18 Legislative Goals—
35
36 Commissioner Jacobs said most of this language is NCACC's language with the exception of the last
37 part- eliminating the cap on light rail. He said this cap has put light rail on life support. They need to
38 decide something soon and the essence is that Go Triangle is that they try to convince the FTA of the
39 largest numbers in order to get more money and at the local level how do they make this up and the
40 local transit sales tax may not be enough. The board does not want to jeopardize the county's long term
41 financial situation.
42
43 Commissioner Jacobs said that is where they are now and does the Delegation see any relenting on the
44 cap.
45
46 Representative Insko and Senator Foushee said they do not.
47
48 Commissioner Jacobs said they have to decide in the next 4 weeks so if the Delegation sees the cap
49 going down to please let the Board know.
7
1
2 Senator Foushee said the last time this was discussed in the Legislature there was a lot of finger pointing
3 on both sides of the aisle but she will do some research.
4
5 Commissioner Price asked if they heard anything from Congressman Price on this issue and Senator
6 Foushee said no.
7
8 Commissioner Rich thanked the delegates for their time, openness and availability.
9
10 The meeting adjourned at 9:48a.m.
11
12
13 Penny Rich, Vice Chair
14
15
16 Donna Baker, Clerk to the Board
17
18