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HomeMy WebLinkAboutMinutes 03-07-2017 1 APPROVED 4/4/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING March 7, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 7, 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and 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 7:00 p.m. 1. Additions or Changes to the Agenda A motion was made by Commissioner Rich, seconded by Commissioner McKee to swap the positions of Items 7-a and 5-a. VOTE: UNANIMOUS Staff requested to defer Item 6g: Request for Road Addition to the State Maintained Secondary Road System (Eubanks Road — SR 1727, Partial), and Secondary Road Abandonment (Eubanks Road, SR 1727, Partial) on the Consent Agenda, until the March 21st agenda. PUBLIC CHARGE Chair Dorosin dispensed with the reading of the Public Charge 2. Public Comments a. Matters not on the Printed Agenda Dennis Sechrist said he received his property revaluation notice, and he is upset. He said he lives in Hillsborough, and his revaluation went up $100,000. He said his wife and brother are both in a nursing home, and he is financially responsible for them. He said 25 percent of his social security will have to be used to pay these taxes. He said the Board of County Commissioners (BOCC) now wants residents to put their money into light rail, which is something he will never use. He said this organization is mafia like, and criminal. He said the BOCC has a controlling influence, and it is raping the people of Orange County in the name of taxes. He said he is a VeteranCommissioner Jacobs suggested that Mr. Sechrist be referred to the County Tax Administrator, Duane Brinson, to learn about the appeals process. 2 b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 2. Petitions and Announcements by Board Members Commissioner Price had no petitions or announcements. Commissioner Jacobs said the Criminal Justice Advisory Council met last week, and reviewed some new programs in the County, including one called Strong Fathers. He said there was also a presentation on Mental Health at the meeting. Commissioner Jacobs referred to the February 23rd BOCC meeting with the Town of Hillsborough, and petitioned to get the letter that the Town of Hillsborough sent to Orange County Schools (OCS) addressing OCS's concerns about the Collins Ridge development. He said OCS reports it never received this letter. Commissioner McKee had no petitions or announcements. Commissioner Rich petitioned taking an old school bus and wiring it with Wi Fi, in order to partner with OCS to take the Internet into the rural areas. Commissioner Rich said she attended the Racial Equity training this past weekend, and it was an enlightening class. She recommended that the Manager offer it to Department Heads. Commissioner Burroughs had no petitions or announcements. Commissioner Marcoplos echoed Commissioner Rich's comments about the Racial Equity training. Chair Dorosin petitioned to add Cornelius Street to the Economic Development District study. Chair Dorosin said there is an increasingly growing fear among the immigrant community in the County. He said Durham County recently committed to ceasing license checkpoints, and he would like Orange County to do the same. He asked if this request could be forwarded to the Sheriff to assess his willingness to make this change. 4. Proclamations/ Resolutions/ Special Presentations a. Alcoholic Beverage Control (ABC) Board Update Presentation The Board received a brief presentation from representatives of the Orange County Alcoholic Beverage Control (ABC) Board and provided feedback or questions as needed. Gregg Jarvies, ABC Board Chair, said the ABC Board has implemented the living wage in FY 2015-16 of$12.76 for all part-time and full-time employees, and will be increasing it again to $13.15 sometime around mid-year. He indicated the ABC Board's commitment to continued adherence to the Orange County living wage standards going forward. He said the Board is working on a point of sale network, which allows electronic sales in the stores to be tracked by inventory in the warehouse. He said property was purchased on the corner of Oakdale and Old highway 86, and it is hoped that the newest Hillsborough location will be constructed on that property within about three years. Gregg Jarvies said the ABC store property on Elliot Road has been sold, and the store will be relocated to Rams Plaza, next to the Food Lion. He said this location should be occupied no later than July 1. He said the Carrboro store is both a retail and distribution location, and will need to undergo a major renovation totaling around $750,000, which includes finding an alternate location during the renovation period. 3 Gregg Jarvies said Gross sales are up the first six months of the year, and are at 4.8%. He said the accompanying taxes also go up an equal amount. He said payroll expenses are up over 14% due to the living wage. He said sales to retail customers were down through December. He said two big clients, Baileys Restaurant and Bar and La Rez, both closed. He said more bars will open, and the losses will eventually be recouped. He said there was an uptick in retail sales in January, which he hopes will continue. He said sales are down just under 5% at the Elliot Road store, which is the largest volume store. He said the construction project adjacent to this store has caused many hurdles. Gregg Jarvies said overall year to date, net change and retained working capital is down just under $140,000, principally because of the losses at Elliot Road and the higher payroll expenses. He said they are looking forward to a strong spring, hoping the Tar Heels go far in the NCAA tournament. Commissioner McKee referred to the new prospective locations, and asked if Gregg Jarvies could explain the rationale behind the chosen locations. Gregg Jarvies said the Elliot Road property was sold, making the move mandatory. He said the new store in the Chapel Hill North shopping center was initially intended to be built in the southern part of the County, but the ABC Commission denied the placement of the store. He said the ABC Board's goal is to serve its customers in the cleanest environment possible. He said there is a small store in Hillsborough across from Bojangles, where the traffic is terrible. He said the new facility on Oakdale and Old highway 86 will address the need for a better location, and will be the flagship store in the northern end of the County. He said the final location that is desired would be in the southern portion of the County, near Southern Village. Commissioner McKee commended the ABC Board for its dedication and detail oriented approach to keeping expenses and revenues in balance. He said nice facilities will encourage residents to buy in Orange County. Commissioner Marcoplos expressed his appreciation for the ABC Board paying the living wage, and for selling TOPO distillery products, which are locally made. Chair Dorosin echoed the praise for the living wage. Chair Dorosin said he inquired about the annual distribution of funds from the ABC Board coming back to Orange County. He said it has remained at $400,000 for at least five years, and asked if the ABC Board would consider increasing the contribution. Gregg Jarvies said the ABC Board would have a response by April. b. BOCC Recognition of Employees and Organizations that Served During Hurricane Matthew and the Western North Carolina Wildfires The Board recognized Orange County employees and community partners who served other North Carolina residents and communities in need of assistance during Hurricane Matthew and the Western North Carolina Wildfires. Brenda Bartholomew, Orange County Human Resources Director, presented this item. BACKGROUND: A few days before Hurricane Matthew arrived off the east coast of Florida, the North Carolina Department of Agriculture and Consumer Services (NCDACS) gathered information from North Carolina counties for potential emergency response that would likely be needed in North Carolina. NCDACS also called some members of North Carolina Animal Federation (NCAF), including Orange County, for assistance with gathering information from NCAF members that might be able to assist Eastern North Carolina with emergency response. 4 On the morning of October 15, 2016, after being on standby for more than week, Orange County Animal Services deployed five staff members to Kinston, North Carolina to relieve a team that had been in place there since Hurricane Matthew hit North Carolina earlier in October. Brenda Bartholomew recognized those staff members: • Jasmine Johnson • Shane Oakley • Tammy Boggs • Gretchen Biehl • Tiani Schifano These staff volunteered to form a pet colocation shelter team and worked in Kinston from October 15 through October 21. The team cared for a group of animals that were being sheltered for people housed at the Red Cross Shelter on the same elevated college campus and coordinated with pet owners to assure the welfare of the animals. The team started with 48 animals in their care and 27 animals still remained when the group was relieved by another pet colocation team. During Hurricane Matthew, Emergency Services staff from the Divisions of Emergency Medical Services (EMS) and Emergency Management (EM) were dispatched to respond to the needs of other North Carolina counties. The EMS team consisted of: • Austin Muench • Robert Crouch • Jennifer Temple • Nicholas Bachman This group worked as a Strike Team staffing ambulances and responding to calls in Robeson County. This team also delivered highway message boards to the Brunswick County, North Carolina area under the direction of Emergency Management. The Emergency Management team consisted of: • Kirby Saunders • Josh Hollingsworth These individuals effectively managed the deployment of resources to the flood affected areas and were both deployed as members of the Incident Management Team to serve in Robeson County and the Regional Coordination Center. County and Municipal Fire and Rescue Departments also served other North Carolina communities during Hurricane Matthew. Those providing fire and rescue services during Hurricane Matthew were: • Orange Rural Fire Department • Chapel Hill Fire Department • South Orange Rescue Squad There were also multiple County and Municipal Fire Departments involved in fighting the Western North Carolina Wildfires including: • Orange Rural Fire Department • Chapel Hill Fire Department • Carrboro Fire-Rescue-add names 5 • Cedar Grove Fire Department • Efland Fire Department • New Hope Fire Department. Carrboro Fire-Rescue Department Wildfire Deployment I 1. Scott Walker 2. Daniel Bass 3. Victoria Donahue 4. Dylan Lowe Wildfire Deployment II 1. Daniel Speight 2. Chris Wade 3. Hugh Miles 4. Barrett Beasley Wildfire Deployment III 1. Keith Crabtree 2. Chris Covington 3. Will Potter 4. Kennedy Strowd Cedar Grove Fire Department Wildfire Deployment (Mountains) 1. Firefighter Bradley Dixon 2. Firefighter Justin Farrar Chapel Hill Fire Department Hurricane Matthew Deployment: 1. Emergency Manager Barry McLamb 2. Battalion Chief Robbie Borgesi 3. Captain Paul Moss 4. Captain Bill Blankenship 5. Captain Gerry Boone 6. FEO Ryan Warner 7. FF Jeff Stevens 8. FF April Manyon 9. FF Kyle Vega 10. FF Ben Batley 11. FF Chris Cardwell 12. Lisa Edwards Wildfire Deployment I 1. Captain Stacey Graves 2. Captain Gerry Bone 6 3. FF Danielle Currin 4. FF Phillip Nasseri Wildfire Deployment II 1. Assistant Chief Jeff Cabe 2. Captain Jim Bona 3. FEO Jimmy Lambert 4. FF April Manyon Wildfire Deployment III 1. Captain Chris Stephens 2. FEO Dennis Puckett 3. FF Jeff Stevens 4. FF Chris Cardwell Efland Fire Department Wildfire Deployment (Party Rock) 1. Shane Cannada 2. Will Brooks 3. Chris Wade 4. Scott Hackler New Hope Fire Department Wildfire Deployment (Piney Mountain and Clear Creek) 1. Captain Eddie Walker 2. Captain Chris Craven 3. Firefighter Meredith Summers Orange Rural Fire Department Hurricane Matthew Deployment (Robeson and Brunswick Counties) (Robeson County) 1. Mac Cabe 2. David Shaw 3. Kenneth Duncan (Brunswick County) 1. Joel Massey 2. Shane Clark 3. Josh Hudson 4. Charles Bowden Wildfire Deployment 1. Mac Cabe 2. Jeff Holden 3. Bill Davis 7 South Orange Rescue Squad (SORS) Hurricane Matthew Deployment 1. Christy Asbill 2. Assistant Chief Joshua Asbill 3. Elizabeth Ferguson 4. Theresa Forshey 5. Amanda Hefty 6. Brian Huneycutt 7. Des Lambert 8. Chief Matthew Mauzy 9. Captain Nate Montminy 10. Sean Miller 11. Captain Tucker Philbrook 12. Carly Sherrod 13. Elizabeth Shipman 14. Lt. Anne Wandishin 15. Jay Zhang 7. Regular Agenda a. GoTriangle Presentation on the Status of the Durham Orange — Light Rail Transportation (DO-LRT) Project The Board received a report from GoTriangle representatives, on communications between GoTriangle and the Federal Transportation Authority (FTA), related to the timeline for the Durham Orange — Light Rail Transportation (DO-LRT) project, and discussed the implications of the most recent information on the project, and considered potential options for the project. Jeff Mann, GoTriangle General Manager, said this evening will provide an update, with the goal of moving towards getting the light rail up and running. He said this line will provide options for a more predictable, congestion-free commute, as well as economic and environmental benefits. He said the funding picture has changed due to last year's legislature cap of 10%. He said the GoTriangle staff has worked closely with staffs and leaders of both Durham and Orange Counties, as well as local universities, governments and the private sector. Jeff Mann said the next phase is the engineering phase, which was applied for with the FTA. He said, on February 15th, Governor Roy Cooper added this project to a list of priority shovel ready, or near shovel ready, projects, that was submitted to the Department of Transportation (DOT). He said there are three active bills in the General Assembly to remove the 10% cap. He said GoTriangle received an email on February 16th, from the FTA requesting additional documentation from all involved entities to be delivered by the end of April. He said these documents would acknowledge the updated cost estimate and funding strategy for the project, and would confirm that at least 30% of the non-federal funds remain committed, in order to move into the engineering phase. Jeff Mann said since receiving this notification, GoTriangle has worked with all organizations and Counties to submit this necessary documentation. He said the Durham and Orange County Staff working group met last week, where Travis Myren lead the effort to develop an accelerated schedule for the review and approval for the Bus and Rail Investment plans, which is at the Commissioners' places. He said this accelerated schedule will help meet 8 the April 30th deadline, and will allow the approval of the updated Bus and Rail Investment Plan for Orange County. He said this was originally scheduled for April, then moved to June, partly to better inform the cost share decision between the counties. He said the proposal is to move the approval back to April. Jeff Mann said the proposed decision to extend the project till June was a joint decision, but it is believed that the new schedule is quite doable. He said if the April 30th deadline is not met, then the project will automatically be withdrawn from the NewStarts process. He said it is better to stay in the pipeline, as there are many risks with withdrawal, and no guarantee of being readmitted to the program. Commissioner Price asked if the revenue to Orange County could be identified. Jeff Mann said it would be $175 million in new tax revenue statewide. He does not have numbers specific to Orange County. PUBLIC COMMENT: Alex Castro, Jr. said he is a Bingham Township resident, the current vice-chair of the Orange County Unified Transportation Board (OUTBoard) and a volunteer driver for the Department on Again. He has also served for years on the Aging Advisory Board. He said the number of senior residents will soon reach 20%, in Orange County. He said public transportation is critical for this community, and the proposed light rail (LRT) will not serve the majority of this population. He said it will be a huge expense and would severely limit funds for other types of transportation. He said there is little access to public transportation in rural areas, and while there are attempts to expand, it is simply not enough. He said this problem will only increase over time, and he believes the LRT will not be delivered on time or on budget. He implored the BOCC to cut its losses and move on. Julie McClintock said she represents Chapel Hill Alliance for a Liveable Town, as well as a countywide coalition of individuals interested in, and concerned about, the BOCC decision on the LRT portion of the Orange County Transit Plan. She said her groups want effective public transit and a better plan for Orange County. She commended the BOCC for conducting an independent analysis of the GoTriangle financial plan. She petitioned the Board of County Commissioners to call a public hearing so citizens can weigh in on the analysis done by Davenport, as well as the updated Bus and Rail Plan, and changes to related documents. She said the BOCC is getting ready to make a billion dollar decision, which must be founded in facts. She requested that Orange County staff release this analysis when it is received, and provide a presentation at the Public Hearing, allowing for analysis by County staff and questions from the public. Charles Humble said he voted for the transit tax in 2012, and has supported light rail up to now. He said issues are complicated, and he does not support LRT as it is now. He said he supports a petition for a public hearing before making any decisions on this matter. Brenda McCall reviewed her concerns and the problems with the current plan. She supports the petition for a public hearing. Bonnie Hauser said she is confused with the current plan, and she supports the petition for a public hearing on this issue. She reviewed her concerns about the costs. Del Snow shared her concerns and questions about the light rail's financial plan. Alex Cabannes shared his concerns about the present light rail proposal. He cited the failures of the LRT system in Charlotte. Richard Chady said he supports the petition for a public hearing. He said there will be limited economic development and unlimited financial responsibility. 9 Steve Tilley said he does not support light rail since most people in Orange County will not ride it on the northwest side of 140. He said it is too costly a burden to put on the taxpayer. Patricia Clayton said she is speaking on behalf of the Northern Orange National Association for the Advancement of Colored People (NAACP), who is in support of public transportation, and stresses an emphasis on the need for buses. She spoke to the BOCC in December, and finds it hard to believe that just a few months later, there is a new, more costly plan in place. She said LRT will not serve their community. She said they advocate for a transportation system that serves all of Orange County. Tony Blake referred to a handout, and said the proposed plan will not serve the lower income residents, and will not be affordable. He said there must be a better plan that serves the people paying for it, not only those who can afford to live close to it. Ken Larsen shared concerns about at grade light rail crossings. He said there are 40 sections of the LRT that are at-grade, with about half of these being crossings. He said this will occur 150 times per day at each of the at-grade crossings, which will exacerbate traffic. Lisa Kayle said it is a different world with President Trump in office. She said this is a war on public transportation, and the LRT may well not receive federal funding. She said if this happens, Orange County will still be on the hook for millions of dollars for engineering costs for nothing. She said even more time will have been wasted in not putting effort into a realistic transportation plan. She said to take all of this into consideration. Dave Laudicina said he is grateful that the BOCC and the residents have voted to participate in regional rail with their surrounding counties. He said there are existing railroad tracks that can be used. He said he is supportive of regional rail, LRT, and bus rapid transit. Lisa Brach said there are assumptions that light rail will reduce congestion and add more transit options to all in Orange County, and these are just not true. She said she has concerns and is not in support of it. Neal Bench is a Chapel Hill resident and said he is impressed with all of the previous speakers and their research. He said he voted for the transit tax, but he hoped there would be significant improvement in the bus service along with the rail. He said he is concerned about the costs with overruns, debt, etc. He said the operating costs are not certain and wonders who picks up any of these extra costs. He would like this project discontinued at this time, and recommends moving to one with more flexible transit options. He said the County has many other needs that already cannot be met, and continuing with this project is unwise. Ramona McGee said she is an attorney with the Southern Environmental Law Center (SELC), which has advocated for this light rail project. She encouraged the BOCC to continue supporting this project. Rachel Hawkins said she is speaking on behalf of the Schley Grange, who supports the goal of providing transportation in Orange County but they cannot support this current plan. Molly DeMarco said she is a daily transit rider. She said she will ride the light rail and she is in support of a comprehensive transit plan, with increased bus service, a railroad station in Hillsborough, and light rail. Bishop Victor Glover said he is with Fathers on the Move, a local non-profit that works with men transitioning into life after prison. He said there are a lot of other resources in Orange County, but transportation is a very important piece of successful transition for these men. He asked the BOCC to insure that all residents have good public transportation in Orange County. Sheila Creth said she lives in a congested area in Chapel Hill that will not be relieved by light rail. She said she has concerns about this whole process and GoTriangle's misleading and confusing information. She petitioned the Board of County Commissioners to take the time for discussion and a public hearing on this plan, prior to making any discussions. 10 John Morris said the BOCC is being pressured tonight to make big decisions without full information and enough time. He said GoTriangle created these current problems. He shared his concerns about the light rail plan. He expressed support for a public hearing after the BOCC has received the results of its independent analysis. Joan Guilkey said their dream of light rail has become a nightmare, and costs will fall to the taxpayers in Orange County with the train not starting until 2029. She voted for the transit tax in 2012, but she did not vote for what is proposed now. She expressed support for the Board of County Commissioners holding a public hearing. Shannon Stephenson said Aldersgate UMC is at the end of their neighborhood, and it will not exist if light rail is put in. She said her neighborhood is in the bull's eye, and while they support public transit, they do not support this plan. She said she supports the petition for a public hearing. Heather Brutz said she is a transit user by choice, and she is in support of the light rail and increased bus service. She said her employment has always depended on access to transit. Ben Reinhart said he relies on public transit in Chapel Hill, and where he chose to live and work was dependent on access to public transit. He said a strong public transportation system can expand the horizons of all residents of the area. Sue Hunter said she is in favor of light rail, and she sees it as an artery and not the only transit tool. She said the LRT is a natural extension of the rural buffer, which increased residential density inside it. She said LRT is an investment in the overall transportation system. She said everyone may not use the LRT, but there are many services that are not used by all but are still paid for by all, such as schools or parks. Alyson Coleman said she is the President of her HOA in Richmond Hills in Efland. She said there is one bus that goes from her community to Duke, but because of her schedule she cannot take it. She said the service is so limited. She said the bus system is a cupcake with no frosting, sprinkles or cherry. She said this must be improved before adding LRT. Paula Hemmer is an environmental engineer. She uses public transportation when she can, but finds the service to be very limited. She said buses are a flexible option to light rail. She said the LRT project is just a sexy fixed line bus, and it is too costly. She challenged the BOCC to think outside the box, and build up their bus ridership before considering the light rail. Commissioner Marcoplos expressed thanks to the public for all their comments. He said he is trying to figure this all out, and he needs to understand the financial part of this plan. He said he has been researching bus rapid transit as an alternative to light rail. He said there are few gold level BRT systems with dedicated lanes. He said there are varying levels of services that seem to go slower, and thus he does not see BRT as an alternative to light rail outside of the cost. He said getting to the gold level BRT would be just as costly as light rail. He said he welcomes alternative research to what he has discovered. Commissioner Price said BRT has controls on buses that trigger the lights, and there are different levels of BRT. Commissioner Jacobs said wherever opinions may fall, he appreciated people coming to the meeting and being involved. Commissioner Jacobs said he hoped that there will be a public hearing on this issue, once the requested information is received. Commissioner Jacobs said he will reserve judgement until the end of April, but he did come up with four questions during the public comment period. They are: 1. What is Orange County's financial exposure, immediately and long term, beyond the funds generated by the 1/2 cent sales tax? 2. Can we be confident that GoTriangle can successfully execute the plan before us or any amended plan? 11 3. What is the realistic long-term outlook for bus service in Orange County under the current plan? 4. What is the wisest way for Orange County to proceed, when the leadership of the General Assembly, especially the Senate, has been antagonistic to light rail, and Congress and the Entertainer-in-Chief cannot be relied upon to follow-through on important public commitments? Chair Dorosin referred to the revised schedule at their places, and asked Bonnie Hammersley if there is time to hold a public hearing on April 18th Bonnie Hammersley said financial information will be received on April 4th, and the BRT plan will become available April 3. She said a public hearing could occur on April 18th Commissioner Price said the revised schedule has a time for public comment with GoTriangle, and said she wants to make sure that the public gets the opportunity to be fully heard. Chair Dorosin said yes, both are warranted. Commissioner McKee said comments by the Bishop hit him the most because it demonstrated how this plan will not serve the people that need it. Commissioner McKee reviewed the time timeline since November, noting that GoTriangle repeatedly requested a letter from the BOCC endorsing $4 million per year for 10 years to be submitted to the FTA. He said in mid January the BOCC was told that the $4 million was no longer needed, and the plan was to backload Transportation Infrastructure Finance and Innovation Act (TIFIA) loans. He said this communication did not actually say that because there was a statement indicating that the "local fund could still be needed". Commissioner McKee said GoTriangle presented the LRT to the BOCC again on January 16th, but at the February 16th meeting GoTriangle was in possession of a letter from FTA stating concerns, which was not disclosed to the Board of County Commissioners. Commissioner McKee said at the same February 16th meeting, the BOCC was told that June was the decision date, and now tonight the deadline April 30th Commissioner McKee asked Jeff Mann if he knew when the back loaded loans would be issued. Jeff Mann said that GoTriangle did tell the BOCC on February 16th about the communication from FTA. Commissioner McKee said he did mention this, but he did not indicate the seriousness of the FTA communication. Jeff Mann said the FTA communication was received that day, and it was not yet fully understood by GoTriangle. Commissioner McKee asked if the communication indicated a previous phone discussion on February 15th Jeff Mann said yes there was a conference call, where the FTA indicated a letter would be following with full information on the issues. Commissioner McKee asked if TIFIA could be defined, and when those loans would be issued. Jeff Mann said TIFIA loans come through the DOT, and would be issued in 2020 with the beginning of construction. Danny Rogers, GoTriangle Project Director, said these loans will be issued over the construction time frame, so that debt is not taken on before it is needed. Commissioner McKee asked if the original principal amount of the TIFIA loans could be clarified. Danny Rogers said $400 million, and he said there are other types of financing as well. 12 Commissioner McKee said the TIFIA loans will be $400 million borrowed, and asked if the interest rate could be clarified. Jeff Mann said 5% was in the financial model, but 3% is more likely. Commissioner McKee asked if the date of the first TIFIA loan payment could be identified. Danny Rogers said payment is not due until after the project is completed, with the first five years being interest only. He said the first payment is due in 2032. Commissioner McKee asked if it is an interest payment starting in 2032, or if it is a deferred interest payment. Danny Rogers said the interest is delayed until the later on. Commissioner McKee asked if the interest accrues to principal. Jeff Mann said yes. Commissioner McKee asked if it is known what the principal will have risen to in 2032. Danny Rogers said this information can be obtained. Commissioner McKee said he thinks it is around $550 million. Commissioner McKee said in the life of these TIFIA loans, the original amount of the loan is $400 million with the deferred interest raising it to $550m. He asked if the total interest paid from 2032 to 2062 on the original loan could be identified. Danny Rogers said that is in the finance plan, and he will get that information. Commissioner McKee said he estimates it is about $750 million in interest at 5% interest. Danny Rogers said this information has been provided to staff previously, and he does not have it on hand this evening, but he can obtain it. He said he does not think the total is that high. Commissioner McKee asked if the total of the interest and the principal paid by 2062 on these loans could be identified. He thinks it may be over $1 billion. Commissioner McKee asked if the total amount of interest and principle paid in 2062 on the TIFIA loans is included in the $2.5 billion number presented before the BOCC, or does $2.5 million only take the plan to 2035. Danny Rogers said $2.5 billion is the cost to build the project plus the interest that is incurred during the term of the Full Funding Grant Agreement (FFGA). He said the cost of the money being borrowed to finance the local share of that, outside of the window of the FFGA, is not included in the $2.5 billion. Commissioner McKee said all of his questions related to the TIFIA loans are not included in the $2.5 billion. Danny Rogers said only a portion of the interest that is within the current FFGA, where the money is being borrowed to advance the federal participation, is what is eligible for federal funds. He said incurred after that is not included in that cost. He said "after that" would be 2030. Commissioner McKee said the first payment on the TIFIA loans are not made until 2032, so none of them would be included. Danny Rogers said the majority of the interest incurred on the TIFIA loans would not be included in the $2.5 billion. Commissioner McKee said with that the projects cross the $3 billion mark. Jeff Mann said a lot of these questions will be answered in the Davenport report. Commissioner McKee said the residents here tonight deserve answers. Commissioner McKee said he appreciates Commissioner Jacobs question regarding a plan for if the 1/2 cent sales tax falls short. He asked if there is 30% contingency. Jeff Mann said yes. Commissioner McKee asked if the average overrun on projects such as these is known. 13 Jeff Mann said two independent cost reviews have been done, and both reviews as well as GoTriangle are confident in the overall cost estimate. Commissioner McKee asked who would pay the difference, if the cost overrun goes to 40%. Jeff Mann said the federal share is 50%, the state maximum share is 10%, the local would have to absorb the remaining. He said the current cost share agreement has Orange County at 23 percent. Commissioner McKee clarified that the County will only pick up its share of any cost overrun over 30%. Jeff Mann said the federal share will be 50% of the declared amount when the project enters into engineering. He said the local share would have to absorb cost overruns, as well as if state funding did not materialize at the full ten percent. Commissioner McKee asked if the project runs $200 million over the 30% in the plan, would Orange and Durham counties pick up the cost in its entirety. Jeff Mann said GoTriangle is working with partners to find ways to defray these costs, but in general, yes the funds would come from the local share. Commissioner McKee said one resident said GoTriangle Special tax board can levy a tax, and asked if this is accurate. Jeff Mann said no. He said the special tax board authorizes a tax only once the voters approve it. Commissioner McKee asked if funding comes up short, then it would have to go back to a referendum. Jeff Mann said if it were a sales tax, he believes that would be the case. Commissioner McKee asked if the guarantor for all of these bonds and loans could be identified. Jeff Mann said GoTriangle would issue the debt, which would be secured by the assets of the system. Commissioner McKee asked if the County has any liability at all. Jeff Mann said to his knowledge that is correct. Commissioner McKee asked John Roberts if he concurred with that conclusion. John Roberts said he is not sure that he does concur. He said he is at a loss for the tax questions. He said as far as he knows, there is no other tax available for transit, as the County has already committed its limited sales tax option. He said anything else would have to come from the legislature. Commissioner Burroughs referred to the 4% sales tax growth assumption, and asked Jeff Mann if he could comment on that assumption. Jeff Mann said Moodys Analytics were hired to conduct an analysis of the sales tax growth rate in both Orange and Durham counties, which was the source for that number, which Moodys deems to be the most realistic forecast moving forward. Commissioner Burroughs said finances are her main concern, and she is interested in discussion with Durham about the proper shares, given the realistic opportunity for economic development, given the location of the stations. Commissioner Burroughs referred to the idea of the public hearing, and said the public would be able to comment at the April 18th meeting and she said she does not feel a separate hearing is needed. She said the public is always welcome to send emails, which can sometimes be more effective. Chair Dorosin said he does not see the substantive difference between what happened this evening, and a public hearing. He agreed with Commissioner Burroughs. Commissioner Price asked if, given the risks involved with the funding of the LRT, the outcome for bus service and other transportation could be explained. 14 Jeff Mann said the bus improvements that are in the Durham and Orange County Bus and Rail Investment Plan, which include BRT on the MLK corridor and to the Hillsborough train station, are still in the plan and are funded by the plan. Commissioner Price asked if the bus expansion would be threatened due to cost overruns of the LRT. Jeff Mann said most of the bus expansion would happen prior to the LRT. He said a large investment in one mode of transportation does limit the options of expanding other modes. Commissioner Price asked the Orange County staff if the County's credit rating will be affected by all of the risks of LRT. Gary Donaldson, Orange County Chief Financial Officer, said it depends on the recourse, and he said it if is a contingent liability then it would impact the County's credit rating. Commissioner Price said she is concerned about the finances, but is just as concerned about social justice goals. She said she wonders how this plan is meeting the needs of those with low income, and if this project takes so much of the County's time and money then the social justice goals may as well be thrown away. Commissioner Rich thanked the public for their patience. She said all involved are working on the financials, and all are thinking this through. She said the public is welcome to speak at any regular BOCC meeting, whether this item is on the agenda or not. Commissioner McKee asked if there were 35,000 new bus hours in the original plan. Jeff Mann said yes. Commissioner McKee asked if the percentage of these hours, that have already been implemented and/or committed, is known. John Talmadge, GoTriangle Regional Services Development Director, said the hours allotted to GoTriangle and the Orange Public Transportation (OPT) are fully committed. He said the Town of Chapel Hill has most of the hours, and it has not fully committed its hours yet. He said the Town has about 7,500 hours that it has not yet committed. Commissioner McKee asked if the amount of hours remaining to be allocated from the 35,000 could be identified. John Talmadge said he can get this information to the Board. Commissioner McKee said he said he understands there are 35,000 hours throughout the life of the plan. John Talmadge said there are 35,000 annually. He said it starts at 200,000 hours, and is supposed to increase to 235,000 in the first 3 to 5 years, and stay in this steady state until 2035. Commissioner McKee said technically there are very few extra hours to allocate from now to 2035. John Talmadge said of the 35,000 there is about 1/3 left to allocate. He will put precise numbers in writing. John Talmadge said once the rail service is opened, there are choices to be made about services that are parallel to the rail. Commissioner Jacobs said he finds it difficult to organize numbers that are being flown about. He suggested that the Board organize all its questions into categories, and submit them to the Manager who can submit them to GoTriangle. Commissioner McKee said he respected and endorsed Commissioner Jacobs' suggestion, but noted that he submitted a list of questions to GoTriangle on December 13th and did not receive answers. Jeff Mann said he has provided information, and if there is anything outstanding that GoTriangle can provide, it will be happy to do so. Commissioner Rich suggested that the focus be on Orange County's costs. 15 Commissioner Jacobs said he agreed with Commissioner McKee, and asked him to resubmit his questions through this process. Chair Dorosin said to start with Commissioner McKee's questions, and the rest of the Board could submit questions to be organized by the Manager. He reviewed the revised timeline: • March 17: new financial model available • March 20: options on project cost sharing with Durham County • April 4: Report from the Davenport Group • Week of April 3: Draft Bus and Rail Investment plan available • April 18: public comment at BOCC meeting Chair Dorosin said all the questions must be answered by April 30th. He suggested that the Board submit any questions by Friday on a weekly basis. Jeff Mann said GoTriangle is happy to provide weekly updates. Chair Dorosin asked for these to be shared with the public and the Board. Mike Charbonneau, GoTriangle Director of Communications, said there is ongoing staff working groups involving Orange and Durham counties. Commissioner McKee referred to the timeline, and suggested a wording change for the March 7th entry. He said to change the word "approving" to "consideration". He suggested this same change for the final meeting on April 18th. He also asked that the public item hearing be inserted into the verbiage for the April 18th meeting. Chair Dorosin said the BOCC does have to approve a Bus and Rail Investment Plan, but what that plan looks like is up for debate. 6. Consent Agenda • Removal of Any Items from Consent Agenda Item e by Commissioner Jacobs • Approval of Remaining Consent Agenda A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda e. BOCC Rules of Procedure Revision The Board considered approval of modifications to the BOCC Rules of Procedure. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to put Public Hearings before the Regular Agenda. VOTE: Ayes, 6; Nays, 1 (Chair Dorosin) MOTION PASSES a. Minutes The Board approved the minutes from February 7, 13 and 16, 2017 as submitted by the Clerk to the Board. 16 b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for ten (10) taxpayers with a total of thirteen (13) bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for three taxpayers with a total of three bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Application for Property Tax Exemption/Exclusion The Board considered one untimely application for exemption/exclusion from ad valorem taxation for one bill for the 2016 tax year. f. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of 2017 Annual Technical Advisory Committee Report The Board received the 2017 Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC) and authorized the Chair to sign the transmittal letter and send it to the SAPFO partners for comments before certification in May. h. Boards and Commissions-Commissioner Assignments The Board approved the list of boards and commissions on which members of the Board of County Commissioners would like to serve as agreed upon at the February 16, 2017 BOCC Work Session. i. Reappointment of Tax Administrator The Board approved a resolution, which is incorporated by reference, reappointing Timothy Dwane Brinson as Orange County Tax Administrator for a two-year term effective July 1, 2017, and authorized the Chair to sign. j. Reappointment of Four(4) Deputy Tax Collectors The Board reappointed Valerie Curry, Bernice Gwynn, Linda Jaubert, and Bobbie Underwood as Deputy Tax Collectors for two-year terms effective July 1, 2017. 5. Public Hearings a. Orange County's Proposed 2017 Legislative Agenda Greg Wilder reviewed the recommendations before the Board: 1) Conduct a public hearing on Orange County's potential legislative items for the 2017 North Carolina General Assembly Session; 2) Close the public hearing and review and discuss the Legislative Issues Work Group's (LIWG) proposed 2017 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2017 North Carolina General Assembly Session; 3) Consider approval of one proposed legislative matters resolution on Statewide Issues; 4) Consider approval of one proposed legislative matters resolution on the hunting while subject to an impairing substance; and 5) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the March 27, 2017 breakfast meeting with Orange County's legislative delegation. Commissioner Price referred to #6— *Raise Age for Juvenile Jurisdiction in Criminal Court, and said this was one of the goals of North Carolina Association of County 17 Commissioners (NCACC). She said the NCACC did provide an exception for felony crimes, and Orange County does not share that exception. She is in favor of Orange County's version, and the Board agreed. Commissioner Jacobs referred to #29-Agriculture— Support Conservation of Working Lands and Farmland Preservation— Support a revision to the revenue and acreage requirements of the Use Value Program to reduce acreage requirements and increase the income threshold— and said he would like this to be one of the 5 items that is brought forth at the Legislative Breakfast. Commissioner Jacobs asked if the Manager would please send the BOCC's legislative goals to the Department Heads. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to add support for removing the light rail funding cap to number#34: #34 Transportation Funding — Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded; and to remove light rail cap on funding. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to: Approve the proposed legislative matters resolution on Statewide Issues (attachment 2) as amended by motion above. VOTE: UNANIMOUS John Roberts said Wildlife Resources Officer Forrest Orr, who was a member of the Firearms Safety Committee, requested the item below: A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to: Approve the legislative matters resolution to prohibit hunting while subject to an impairing substance. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to approve the items below to discuss with the Legislative Delegation at their joint March 27th breakfast meeting: #6- Commissioner Price Raise Age for Juvenile Jurisdiction in Criminal Court #15- Commissioner Rich Voter Registration and Voting #24 Commissioner Marcoplos Bona Fide Farm Use #29- Commissioner Jacobs Agriculture — Support Conservation of Working Lands and Farmland Preservation 18 #34- Commissioner Burroughs Transportation Funding (as amended) VOTE: UNANIMOUS 8. Reports None 9. County Manager's Report Bonnie Hammersley said the Board's transit questions will be put on a cycle, and staff will work with the Public Information Officer to put them on the County website. She told Commissioner McKee that staff still has his previous questions, and he need not resubmit them. Bonnie Hammersley said there are Information Items from the Arts Commission Director that she wanted to bring to the Board's attention. 10. County Attorney's Report John Roberts said Senator Foushee filed a bill today to allow counties to pay for and install broadband infrastructure, and lease it to internet service providers. He does not know what will come of the bill, but 2 Democrats and 2 Republicans filed it, which is encouraging. 11. Appointments a. Commission for the Environment—Appointments The Board considered making appointments to the Commission for the Environment. A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to appoint the following to the Commission for the Environment: • Appointment to a partial term (position #12) "At-Large Engineering" for Marshall Gray expiring 12/31/2018. • Appointment to a partial term (position #13) "At-Large" for Matt Crook expiring 12/31/2018. VOTE: UNANIMOUS b. 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 Rich, seconded by Commissioner Price to appoint the following to the Nursing Home Community Advisory Committee: • Appointment to a second full term (Position #8) "At-Large" position for Jerry Ann Gregory expiring 03/31/2020. VOTE: UNANIMOUS c. Orange County Planning Board —Appointments The Board considered making appointments to the Orange County Planning Board. 19 A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint the following to the Orange County Planning Board: • Appointment to a first full term (position #1) "Cedar Grove Township Resident" for Donna Coffey expiring 03/31/2019. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint the following to the Orange County Planning Board: • Appointment to a partial term (position #5) "Hillsborough Township Resident" for David Blankford expiring 03/31/2020. VOTE: UNANIMOUS A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint the following to the Orange County Planning Board: • Appointment to a second full term (position #9) "At-Large" representative for Lydia Wegman expiring 03/31/2020. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to appoint the following to the Orange County Planning Board: • Appointment of Ramchandra Athavale to a first full term (position #11) "Chapel Hill Township Resident" expiring 03/31/2020. VOTE: Ayes, 3 (Commissioner Price, Commissioner McKee, Commissioner Jacobs); Nays, 4 MOTION FAILED A motion was made by Commissioner Rich, seconded by Chair Dorosin to appoint the following to the Orange County Planning Board: • Appointment of David Mansor to a first full term (position #11) "Chapel Hill Township Resident" expiring 03/31/2020. VOTE: Ayes, 2 (Commissioner Rich and Chair Dorosin); Nays, 5 (Commissioner McKee, Commissioner Burroughs, Commissioner Jacobs, Commissioner Price, Commissioner Marcoplos) MOTION FAILED A motion was made by Commissioner Marcoplos, seconded by Commissioner Burroughs to appoint the following to the Orange County Planning Board: 20 • Appointment of Alex Gregory to a first full term (position #11) "Chapel Hill Township Resident" expiring 03/31/2020. VOTE: Ayes, 3 (Commissioner Rich, Commissioner Burroughs, Commissioner Marcoplos); Nays, 4 (Chair Dorosin, Commissioner McKee, Commissioner Price, Commissioner Jacobs) MOTION FAILED Recall the vote for Alex Gregory: A motion was made by Commissioner Marcoplos, seconded by Commissioner Burroughs to appoint the following to the Orange County Planning Board: • Appointment of Alex Gregory to a first full term (position #11) "Chapel Hill Township Resident" expiring 03/31/2020. VOTE: Ayes, 4 (Commissioner McKee, Commissioner Rich, Commissioner Burroughs, Commissioner Marcoplos); Nays, 3 (Commissioner Jacobs, Commissioner Price, Chair Dorosin) MOTION PASSES A motion was made by Chair Dorosin, seconded by Commissioner Marcoplos to appoint the following to the Orange County Planning Board: • Appointment of Phil Venable to a first full term (position #12) "At-Large" representative expiring 03/31/2020. VOTE: Ayes, 3 (Commissioner Marcoplos, Chair Dorosin, Commissioner Rich); Nays, 4 (Commissioner McKee, Commissioner Jacobs, Commissioner Price, Commissioner Burroughs) MOTION FAILED A motion was made by Commissioner Jacobs, seconded by Commissioner Price to appoint the following to the Orange County Planning Board: • Appointment of Julian (Randy) Marshall to a first full term (position #12) "At-Large" representative expiring 03/31/2020. VOTE: Ayes, 4 (Commissioner McKee, Commissioner Price, Commissioner Jacobs, Commissioner Burroughs); Nays, 3 (Chair Dorosin, Commissioner Rich, Commissioner Marcoplos) MOTION PASSES 12. Board Comments Commissioner Rich thanked the tax department for staying through the meeting. Commissioner Burroughs said Communities In Schools of Orange County has fully closed, and their remaining dollars were distributed to several other non-profits. 21 Commissioner Price went to National Association of Counties (NACo) conference, and she is on the Arts Subcommittee. She said they submitted several photographs, three of which were chosen, blown up to poster size, and posted around the hotel. She said Deputy Clerk David Hunt took all three photographs. Commissioner McKee said he appreciated moving Item 7-a to the front of the agenda, and he wished he had thought to do the same with the consent agenda. 13. Information Items • February 21, 2017 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under $100 • Memorandum - Changes to the Orange County Arts Commission Grants Process • BOCC Chair Letter Regarding Petitions from February 21, 2017 Regular Meeting 14. Closed Session NONE 15. Adjournment A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to adjourn the meeting at 10:38 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board