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HomeMy WebLinkAboutMinutes 05-02-2017 1 APPROVED 6/6/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING May 2, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 2, 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Earl McKee, Mark Marcoplos and Penny Rich COUNTY COMMISSIONERS ABSENT: Commissioner Price 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 Marcoplos, seconded by Commissioner Rich to defer Item 11-b Economic Development Advisory Board —Appointments to May 16th meeting. VOTE: UNANIMOUS Chair Dorosin said that Commissioner Price will not be attending this evening. He said there will be a Closed Session at the end of tonight's meeting, which contains just one item: to review and approve closed session minutes. Chair Dorosin noted the following items at the Commissioners' places: • PowerPoint for item 4-b: Presentation of Manager's Recommended Fiscal Year 2017- 18 Annual Operating Budget and FY 2017-22 Capital Investment Plan • Historical information on per pupil appropriations for item 4-b • Revised abstract for item 6-a: Interlocal Agreement with Town of Hillsborough Related to the Construction and Operation of Water and Sewer Facilities in the Hillsborough Area Economic Development Zone • PowerPoint for item 6-c: Amendments to the Water and Sewer Management, Planning, and Boundary Agreement and revised agreement. • Gray Sheet, Revised resolution for item 6-c: Amendments to the Water and Sewer Management, Planning, and Boundary Agreement and revised agreement. • PowerPoint for item 6-d: Award of Design-Build Agreement— Sportsplex Field House Project • PowerPoint for item 7-c: Bicycle Safety Task Force (BSTF) Report and Next Steps PUBLIC CHARGE Chair Dorosin dispensed with the reading of the public charge. 2 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Jacobs said the Board of County Commissioners (BOCC) used to have annual dinner meetings with the Board of Health (BOH), the Department of Social Services (DSS), the Affordable Housing Advisory Board (AHAB), and the Planning Board. He said he would like to have a discussion as to why these meetings were removed. Commissioner Jacobs suggested instituting a County boycott of Georgia Pacific products of Coke Industries, such as paper towels, etc., because this company has a history of attacking democratic institutions. Commissioner Rich petitioned John Roberts to talk with the Chapel Hill Attorney about chamber dues. She said both towns (Chapel Hill and Carrboro) do not pay these dues, as they are considered a conflict of interest. She said she would like to know the Chapel Hill Attorney's view on this. Commissioner Rich petitioned to create an Economic Development work group between the County and Chapel Hill, initially comprised of staff, but with Board members to follow. She said it is not too early to discuss economic development in relationship connected to the light rail (LRT) project. Commissioner Rich asked Travis Myren if he could create a fact sheet for the BOCC about transit. She said it is important to have accurate information circling through the community. Commissioner Rich said she went on a recycling field trip to the MRF in Raleigh. She said there are machines and humans involved in this process. She stressed the importance of keeping plastic grocery store bags out of recycling, as they clog the machinery. She said these bags can be recycled at local grocery stores. Commissioner Marcoplos had no comments. Commissioner Burroughs had no comments. Commissioner McKee had no comments. Chair Dorosin followed up Commissioner Rich's request about economic development, and said starting such a group was part of the transit agreement. He said affordable housing around the Legion Park area should also be researched. Chair Dorosin said he would like to review the BOCC meeting calendar, noting there are over 50 meetings a year. The Clerk said the BOCC has nine public meetings between now and June 20th, and two closed sessions. Chair Dorosin encouraged the Board to be conscientious of the time it takes to hold a meeting, including the amount of prep work necessary by staff. He asked if this topic could be referred to agenda review. 4. Proclamations/ Resolutions/ Special Presentations 3 a. Distinguished Budget Presentation Award The Board recognized the budget staff of the Orange County Finance and Administrative Services Department for earning the Government Finance Officers' Association (GFOA) Distinguished Budget Presentation Award for the 2016-17 fiscal year budget document. BACKGROUND: GFOA is an internationally recognized organization that offers guidance and support to local and state government budget and finance professionals throughout the United States and Canada. The GFOA's Distinguished Budget Presentation Award is the highest form of recognition in governmental budgeting and represents a significant achievement by the organization. Its attainment represents a major achievement by a governmental entity and its budget team. In order to receive this award, the County's budget and capital planning documents must meet stringent program criteria such as policy documents, operations guides, financial plans, and communications devices. This year marks the twenty-fifth year that Orange County has received the GFOA Distinguished Budget Presentation Award. Eligibility standards and expectations for the award become more stringent and rigorous each year. The County commends the budget staff for their ability to consistently achieve the high standards required to receive this esteemed award. Gary Donaldson, Chief Financial Officer, recognized his budget and finance staff, and asked them to come forward and receive this award. The Board recognized the budget staff of the Finance and Administrative Services Department for the receipt of the GFOA Distinguished Budget Award and presented the GFOA plaque to them. b. Presentation of Manager's Recommended Fiscal Year 2017-18 Annual Operating Budget and FY 2017-22 Capital Investment Plan The Board received the Manager's Recommended FY 2017-18 Annual Operating Budget and 2017-22 Capital Investment Plan. Bonnie Hammersley made the following PowerPoint presentation: ORANGE COUNTY FY2017-18 COUNTY MANAGER RECOMMENDED BUDGET FY2017-18 orange county budget County Manager Recommendation • Expenditures — Revenues -Tax Rate • Assumptions • Initiatives • School Funding • Outside Agencies • Fire Districts FY2017-18 recommended budget 2017 TAX YEAR REVALUATION ■ The revaluation resulted in a 6.5% increase in real property value, increasing the property tax base by over$1 billion to $16.8 billion. 4 ■ Since the County's overall tax base increased, the County's revenue neutral rate decreases from 87.80 cents per$100 of value to 83.77 cents per$100 of value. FY2017-18 recommended budget Budgeted Expenditures & Revenues - graph FY2017-18 recommended budget BUDGET ASSUMPTIONS ■ Revenue Neutral Rate = .8377 ■ Tax Growth* = 1.2% ■ Sales Tax Growth = 4% ■ General Fund Reserve = 17% FY2017-18 recommended budget Budget Request Compilation FY2017-18 recommended budget Initiatives ■ Increase funding Orange Connect Scholarship Program ■ Increase per pupil funding for CHCCS and OCS ■ Compensation package for County employees ■ Increase funding for Orange Public Transit ■ Implement collaborative initiative for Housing Rehab ■ Planning funds for Economic Summit and a Local Festival ■ Advance the Criminal Justice Resource Office to County Department status FY2017-18 recommended budget FY2017-18 recommended budget Functional Leadership teams ❑ Community Services ■ Property Development Specialist - 2.0 FTE (Inspection Fees) ■ Transit Drivers — 6.0 FTE (GF/Article 43) ■ Transit Dispatcher— 1.0 FTE (GF/Article 43) ■ Transit Demand Coordinator— 1.0 FTE (Grant Funded) ■ Recreation Program Assistant— 1.0 FTE (Program Revenue) ■ Community Centers funded through contract ■ Increase Solid Waste Program Fee $128 per year ■ Implement a Mattress Collection Program FY2017-18 recommended budget Functional Leadership teams ❑ General Government ■ Board of Elections will conduct three (3) elections ❑ Human Services ■ Community Social Services Tech — 3.0 FTE (2nd Family Foundation) ■ Child Welfare Workers —2.0 FTE (GF/State Funding, Time-limited) 5 ■ Housing Rehab Specialist— 1.0 FTE (GF) ■ Housing Resource Specialist— 1.0 FTE (GF, Time-limited) ■ Behavioral Health Assessment Study ■ Continue funding Family Success Alliance (FSA) FY2017-18 recommended budget Functional Leadership teams ❑ Support Services ■ Website Redesign will improve operation and redesign ❑ Public Safety ■ Misdemeanor Diversion Coordinator— 1.0 FTE (ABC Funding) ■ Administrative Assistant— 0.5 FTE (ABC Funding) ■ Mental Health Liaison Court-involved Youth 1.0 FTE (MOE Funding) FY2017-18 recommended budget EDUCATION FY2017-18 recommended budget EDUCATION — graph FY2017-18 recommended budget EDUCATION — graph FY2017-18 recommended budget- graph — Durham Tech FY2017-18 recommended budget— graph — Outside Agencies FY2016-17 recommended budget— graph — Outside Agencies FY2017-18 recommended budget— graph — Fire Districts FY2017-18 recommended budget— graph — Budget Timeline Budget Document Availability ■ Clerk to Board of Commissioners ■ County Finance & Administrative Services Office ■ Orange County Library ■ Chapel Hill Public Library ■ Carrboro/McDougle Branch Library ■ Orange County Website - http://orangecountync.gov FY2017-18 recommended budget Orange County Mission Statement Orange County exists to provide governmental services requested by our Residents or mandated by the State of North Carolina. To provide these quality services efficiently, we must; ■ Serve the Residents of Orange County— Our Residents Come First; ■ Depend on the energy, skills, and dedication of all our employees and volunteers; ■ Treat all our Residents and Employees with fairness, respect, and understanding. Orange County Residents Come First 6 Chair Dorosin clarified that a revenue neutral tax rate is based on all of the properties in Orange County. Chair Dorosin applauded the Board and staff that the County is bearing the increase in health insurance, as well as the increase of eight hours of annual leave for each employee, in addition to what they accrue annually. Chair Dorosin referred to the idea of the Criminal Justice Resource officer becoming a department, and asked if the positions described on page 11 of PPT will be part of this proposed department. Bonnie Hammersley said yes, this will be a 7-member department. She said this department would give the Board of County Commissioners a connection to the criminal justice system. She said the Department Director would be part of the department head community. Chair Dorosin said this suggestion is an example of how this budget reflects the values of this community, and its commitment to diversion from incarceration and focus on youth. Chair Dorosin said the Orange Connect Scholarship Program, which Orange County offers through Durham Tech, is listed as $200,000. He asked if this is an increase from last year. Bonnie Hammersley said yes, this item was budgeted at $100,000 last year. Chair Dorosin said this is another example of the BOCC making real commitments based on the communities' interests. Commissioner McKee said he appreciated the dedication of the ABC funds to a specific program, as it provides a way to track these funds. Commissioner McKee referred to the outside agency funding and scoring. He said over the years there were some concerns about the scoring process, and he is appreciative of the current scoring mechanism. 5. Public Hearings a. Public Hearing on the Financing of Various Capital Investment Plan Projects The Board considered conducting a public hearing on the issuance of approximately $13,600,000 to finance capital investment projects and equipment for the 2016-17 fiscal year, and to approve a related resolution supporting the County's application to the Local Government Commission (LGC) for approval of the financing plan. BACKGROUND: County staff estimates that the total amount to be financed for capital investment projects and equipment will be approximately $13,600,000 including cost of issuance. North Carolina General Statutes require that the County advertise and conduct a public hearing on the proposed financing. A copy of the notice of this hearing as published in The Herald Sun is provided as Attachment 1. After conducting the public hearing and receiving public input, the Board will consider the adoption of the resolution (Attachment 2). This resolution formally requests the required approval from the North Carolina Local Government Commission (LGC) for the County's financing, and makes certain finding of fact as required under the LGC's guidelines. County staff has been in contact with the LGC staff, and staff expects no issues to receiving LGC approval. 7 If the Board adopts the resolution indicating its intent to continue with the financing plan, the Board will be asked to consider a resolution giving final approval to the financing plans at the June 6, 2017 BOCC meeting. FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be a financial impact in proceeding with the financing. A preliminary estimate of maximum debt service applicable to the capital investment projects and equipment financing would require the highest debt service payment of$1.6 million in FY2017-18. The tax rate equivalent for the estimated highest debt service payment is approximately .94 cents. Based on current financial resources, no adjustment to the tax rate is associated with this financing. A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to open the public hearing. VOTE: UNANIMOUS Gary Donaldson reviewed the background information and the list of projects. PUBLIC COMMENT: NONE A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Rich, seconded by Commissioner McKee to adopt the resolution in Attachment 2 supporting the application to the Local Government Commission for approval of the financing. Bob Jessup, Bond Counsel said this wording is sufficient. VOTE: UNANIMOUS Commissioner Rich asked if it is known when funds will be available from the towns for the Rogers Road Sewer Improvements Project. Gary Donaldson said December 1St 6. Regular Agenda a. Interlocal Agreement with Town of Hillsborough Related to the Construction and Operation of Water and Sewer Facilities in the Hillsborough Area Economic Development Zone The Board considered reviewing and approving an interlocal agreement with the Town of Hillsborough that sets forth conditions of utility installation and operation with associated land use consistency with prior cooperative planning efforts and authorize the Chair to sign. BACKGROUND: 8 Orange County and the Town of Hillsborough have been coordinating planning efforts around the common interest land fringes of the Town of Hillsborough since 2002. These efforts led to more formalized 2007 acceptance of an area `Strategic Growth Plan' and the pursuit of an interlocal agreement that proposed additional implementation steps by both local governments. This included joint land use plans and water and sewer boundary analysis and amendment. The majority of the implementation actions have been completed and the September 12, 2016 Quarterly Public Hearing noted some further refinement of the earlier principals of the growth plan — specifically, to reinforce the preservation of the economic development of areas near the intersection of 1-40 and Old NC 86 for primarily non-residential land use activities. Interchange areas are limited and valuable for office, light industrial and retail development. Accordingly Orange County had designated this area, primarily outside the Town of Hillsborough ETJ areas but noted on the County land use plan since the 1980's, as economic development. (Waterstone was once one of these areas). Being so noted, Orange County sought to bolster the area's potential by facilitating utility extension and accordingly adding this to the Article 46 Capital Investment Plan (CIP) projects list. A prerequisite to utility extension is a utility agreement (such as prior agreements with the City of Mebane (2002) and City of Durham (2010) to set forth conditions where Orange County constructs such utilities and other utility entities provide reservation of capacity and treatment, accept ownership, and maintain facilities thereafter. The agreement covers a variety of subjects including but not limited to design standards, infrastructure responsibility and fees and charges. In this case, as we have with other local governments, we are including a land use plan (modified on September 12, 2016), so the County infrastructure investment relate to the economic development plan. Uses therein were further reviewed and approved for modification on November 1, 2016 to promote industrial, office, and retail uses and restrict the area from lower density residential. The infrastructure reimbursement program, if any, for this project area will be based on targeted land uses and any other adopted `development' agreements on a case-by-case basis. On April 24 at a Town of Hillsborough work session, the Town of Hillsborough elected officials and staff in concept agreed to 1. Focus the interlocal agreement on the southwest quadrant only which is earmarked for non-residential `employment land use', therein excluding multifamily land use; and 2. Setting a capacity reservation of 108,000 gallons per day for 5 years with renewable provisions. This enables the pursuit of engineering design to serve this quadrant. Craig Benedict, Planning and Inspections Director, said this item has been revised, and is the gray sheet at the Commissioners' places. Craig Benedict said the purpose of this agreement is to have an agreement with the Town of Hillsborough, so that if the County installs public utilities with the use of Article 46 economic development monies, that the Town of Hillsborough will maintain the lines in the future, and provide water in the lines, and treat the sewage. He said this type of agreement is not unique, and the County has a similar agreement with the City of Mebane and City of Durham in the County's Economic Development Districts (EDDs). 9 Craig Benedict said the area designated for this activity is at the intersection of Old highway 86 and 1-40. He said the intended focus is the southwest quadrant of this intersection, which is where the joint land-use plan has non-residential uses planned; light industrial, office, etc. He reviewed a map of the area for the Board. Craig Benedict said there are two clauses in the agreement that are inactive. He said the County is able to establish acreage fees to reimburse the cost of economic development efforts, but this provision has been left silent, as the land uses are consistent with the expenditure of Article 46 monies. He said the provision could be activated at any time by changes to the Unified Development Ordinance (UDO). Craig Benedict said there are other development activities that may occur in this area, but such development is not related to this agreement. Craig Benedict reviewed the minor revisions in the agreement, found highlighted in yellow on the gray sheet. He said all changes must be palatable to both parties. Craig Benedict referred to page 4 of the agreement, and said Hillsborough is contributing to a water main loop that is outside of the EDD. He said this loop would improve the water pressure within the EDD, as well as a major enhancement for a sub-regional system in Hillsborough, and probably increase pressure in the school zones on Grady Brown Road. He said the Town would be responsible for the cost of this loop. Craig Benedict said the agreement has an initial term of five years, with a possible five- year extension thereafter. He said there are termination clauses included in the agreement. He said the duration of the agreement is consistent with the time of the agreement. He said the County is the asking party, and would be the first signer of the agreement. He said Hillsborough will have this on a meeting agenda later this month. Commissioner Marcoplos asked if there is a timeline on this project, and when it will be possible for businesses to be developed. Craig Benedict said the next item on the agenda will address these questions. He said the corner of this intersection is of interest to developers, but all are waiting for utilities to be present. He said this agreement is a great first step in the process. Commissioner Jacobs thanked staff for presenting this agreement that protects the County's Article 46 funds. Commissioner Jacobs asked if it is expected that Hillsborough will annex this area. Craig Benedict said yes. He said as part of the County's economic planning with Hillsborough, there has been an urban service boundary established which includes areas under Orange County jurisdiction, at this point. He said the agreement does not cause any development that occurs in this area to be annexed outright, prior to a development application; but any development application that comes forward to the County would have to be accompanied by a voluntary annexation agreement, which could be acted upon by Hillsborough in the future. He said Hillsborough may not annex for x years, to offer an incentive to developers of not paying a Hillsborough tax. Commissioner Jacobs asked if Hillsborough is going to charge exorbitant water rates and would that be another reason to go for annexation. Craig Benedict said out of Town water rates are 195% of the in-town rates, but potential businesses in this area are not expected to be large water users. He said, however, it will be important to consider water usage when looking at potential development. Commissioner Jacobs said since the County is providing most of the infrastructure and capital investment, that Hillsborough does need to charge 195% increase of water rates, and could negotiate a lower water rate in order to lure in development. He asked if part of the reasoning behind the high rate is to recover their cost of the capital infrastructure. Craig Benedict said yes and no. He said Hillsborough's water and sewer treatment plants are part of the infrastructure that is city wide and out of town rate wise. He said the 10 additional cost is for those areas that are not gaining city taxes, yet still need utility crews to maintain the lines. Craig Benedict said he will discuss this with Hillsborough for this area and other areas, such as Churton Grove, who is still paying 195% rate in water and they have been there for 10 years. Commissioner Jacobs said a lower rate would be an incentive for economic development. Commissioner Jacobs asked if Hillsborough's extending of utilities and likely annexation, have any impact of Hillsborough's extraterritorial jurisdiction (ETJ). He asked if there is any automatic ETJ extension around the perimeter of a municipality. Craig Benedict said there is no ETJ extension. John Roberts said Hillsborough would be limited in how it can impose a different fee in different locations. He said there are legal limitations, and if all the customers are the same, despite their location, the rates must be equal. He said the Town could structure its rate based on the type of user, and impose a tiered approach, but not based on location. He said the County and the Town could have an incentive program for economic development that may offset those rates. Commissioner Jacobs asked if Orange County is providing most of the infrastructure, could the County not negotiate a lower water rate. John Roberts said there are legal limitations on how the Town can impose differing water rates. He said the rates must be the same regardless of location. John Roberts said he can talk with the Town's Attorney, but there are State statute limitations. Commissioner Jacobs asked if the County will try and recover some of its investment, other than via economic development. Craig Benedict said there is a placeholder for acreage fees, but it has been left silent for now due to legislation and sensitivity to utility rate structure. He said the Town is not adverse to the use of acreage fees. Commissioner Jacobs asked if rural buffer boundaries could be included on future maps of this area. Craig Benedict said yes. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to authorize the Chair to sign the revised interlocal agreement with County Manager approval for outlined aspects of the agreement, pending County Attorney review. VOTE: UNANIMOUS *The agreement is contingent upon the Town of Hillsborough's approval which occurs after the County since the County is the `requesting'party. b. Phase 1 Infrastructure Design, Permitting, Bidding, and Miscellaneous Related Services Contract for the Hillsborough Area Economic Development District The Board considered approving a contract with The John R. McAdams Company, Inc. (McAdams) for the engineering design, permitting, bidding, and miscellaneous related services for phase 1 water and sewer infrastructure extensions to serve the Hillsborough Area Economic Development District (EDD) south and west of the intersection of 1-40 and Old NC 86, as previously approved during the FY 2015-16 Budget/Capital Investment Plan process at 11 a cost of$189,770, after review by the County Attorney and authorize the Chair to sign (Construction phase services will be contracted at a later date as a potential amendment.). Craig Benedict reviewed the background information below, as well as a map of the area: BACKGROUND: In FY 2015-16, the Planning & Inspections Department requested, through the Capital Investment Plan (CIP), funding for proposed development in the Hillsborough Area Economic Development District (EDD). Additional funding was then requested for FY 2017-18, based on a revised scope and cost estimate for water and sewer infrastructure development. Estimated construction costs (excluding engineering): $1.5 million to $1.8 million, subject to the engineering analysis and design. The proposed project schedule is included as Attachment 3. The Hillsborough Area EDD site is situated just south of Interstate 40 and along old NC 86 (Attachment 1). In order to provide basic infrastructure support for the Hillsborough Area EDD, there are certain backbone improvements which are needed including both water and sewer infrastructure. The Town of Hillsborough will provide water and sewer treatment and maintenance, as well as proportionately participate financially toward those improvements outside of the EDD, as is necessary for water system redundancy, adequate pressure, flow and water quality. This work is the extension of other master planned water, sewer and roadway infrastructure plans in the area, some of which support the Waterstone Development and the UNC Hospital. This work is consistent with the planning efforts for the Hillsborough Area EDD, Article 46 sales tax Economic Development infrastructure initiative, and the area transportation access management plan, and past and current Orange County Capital Improvement Programs (CIPs). A request for qualifications (RFQ) was advertised on February 22, 2017 (see Attachment 4). The County received three (3) statements of qualifications (SOQ's) from the following consulting engineering firms: The John R McAdams Company, Inc. Pennoni McGill Associates, PA Criteria in evaluating the SOQs included 1) project timeline and understanding of the scope, 2) previous experience with projects of similar scope and timeline, 3) ability to complete the work on time considering total workload, 4) approach for successful project completion without any major technical, legal or budget problems, 5) previous experience with governmental entities (particularly Orange County and the Town of Hillsborough) and public outreach, and 6) approach to disadvantaged business enterprises (DBE) and minority and women-owned business participation. The interview panel was comprised of three representatives from Orange County (Craig Benedict, AICP, Howard W. Fleming, Jr., PE, and Allison Reinert, PE) and the Town of Hillsborough Engineering/Public Works Director, Kenny Keel, PE. Based on the interviews and evaluation criteria, the interview panel unanimously selected McAdams. 12 County staff proposes to contract with McAdams to perform the required engineering, surveying, design, easement plats, permitting and bid administration for this project. The proposed contract is Attachment 2. Commissioner Rich asked if McAdams pays a living wage. Craig Benedict said he would ask. A motion was made by Commissioner McKee, seconded by Commissioner Rich for the Board to: 1. Approve and authorize the Chair to sign the contract on behalf of the Board, after review by the County Attorney; and 2. Authorize the Manager to approve minor amendments for additional services or addenda, should they become necessary, up to the project budget, after review by the County Attorney. Commissioner Jacobs said he will vote for this motion, though he does not want to work with this company because years ago they were transgender insensitive. He said he is sorry to do business with them. VOTE: UNANIMOUS c. Amendments to the Water and Sewer Management, Planning, and Boundary Agreement The Board considered adopting amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) map. BACKGROUND: The Water and Sewer Management, Planning, and Boundary Agreement is was signed in 2001 between Orange County, the Orange Water and Sewer Authority (OWASA), and the Towns of Chapel Hill, Carrboro, and Hillsborough. The agreement (included for reference purposes as Attachment 4) provides a comprehensive county-wide system of utility service areas upon which signatory entities could rely when making decisions related to issues such as planning, land use, annexation, zoning, and growth management. Potential amendments to the WASMPBA map were presented to the Board of County Commissioners at the February 13, 2017 work session. The amendments currently proposed for adoption include only areas south of the Hillsborough Economic Development District (EDD) and areas in the vicinity of Smith Level Road in the Town of Carrboro's Extraterritorial Jurisdiction. The February presentation included areas north of Chapel Hill, but Town of Chapel Hill staff is currently studying those potential amendments and not ready to move forward. However, Orange County and the Town of Carrboro are interested in moving forward at this time with the two areas under consideration in this agenda item. Orange County/Hillsborough EDD Area The proposed amendments in the Hillsborough EDD Area include: • Designating 87.5 acres "Primary Service Area". This area is currently "Hillsborough Long-Term Interest Area". Designating the area "Primary Service Area" would allow extension of public water and sewer systems into the area. 13 In the interest of disclosure, Orange County has received a Master Plan Development conditional zoning application that includes a large portion of the area proposed to become "Primary Service Area" (the area east of Old Highway 86). These WASMPBA amendments are prerequisites to considering amendments to land use and zoning designations that would allow for greater development potential in this general area, an area in which Orange County is planning to invest approximately $1.6 million in sewer infrastructure. The area proposed for addition to the Primary Service Area is serviceable by gravity sewer. Town of Carrboro ETJ/Smith Level Road Area Town of Carrboro and OWASA staff began researching the status of this area when contacted by a person interested in possibly developing in the southern portion of the area proposed for "Primary Service Area" designation. As the map in Attachment 3 shows, many parcels in this area are already served by OWASA water and sewer systems, and have been since long before the WASMPBA was adopted (some services go back to the 1960s). The Town of Carrboro's long-time zoning designation for the area is R-10 (Residential, 10,000 square feet per dwelling unit), which is too small a lot size on which to locate well and septic systems. Staffs are at a loss to explain why this area was not designated "Primary Service Area" when the WASMPBA was adopted in 2001, particularly since the area is not listed in the text of the Agreement (Section IV of Agreement in Attachment 4) as an exception area. Nevertheless, the adopted WASMPBA map currently designates the area in question as "OWASA Long-Term Interest Area" so new water or sewer connections cannot be permitted. The proposed amendments in the Smith Level Road Area include: • Designating 20.6 acres "Primary Service Area". Attachment 1 is a Resolution to approve the amendments with maps depicting the geographic extent of the amendment areas. The map in Attachment 2 shows the overall WASMPBA map with the proposed amendments overlaid on the map. All signatory parties to the Agreement must approve the amendments before they are effective. Proposed dates for adoption consideration are: Orange County May 2, 2017 Town of Carrboro May 16 Town of Hillsborough June 12 Town of Chapel Hill June 12 OWASA May 25 or June 8 Perdita Holtz, Planning, made the following PowerPoint presentation: Proposed Amendments — Water and Sewer Management, Planning, and Boundary Agreement May 2, 2017 BOCC Meeting Presented by: Perdita Holtz, Orange County Trish McGuire, Town of Carrboro Background 14 • 2001 Agreement o Orange County o OWASA o Towns of Chapel Hill, Carrboro, and Hillsborough • Defines Water & Sewer Utility Service Areas • Amended only once: October 5, 2010 Hillsborough EDD Area Amendments - maps Hillsborough EDD Area Amendments - map • 85.07 acres Hillsborough Long Term Interest Area to Hillsborough Primary Service Area • Based on analysis of sub-watershed catchment areas: o 2.37 acres OWASA Long Term Interest Area to Hillsborough Long Term Interest Area o 6.29 acres OWASA Long Term Interest Area to Hillsborough Primary Service Area o 3.7 acres Hillsborough Long Term Interest Area to OWASA Long Term Interest Area o 0.13 acres Hillsborough Primary Service Area to OWASA Long Term Interest Area Hillsborough EDD Area Amendments — Designations, if Adopted (map) Subsequent Considerations — Hillsborough EDD Area • If WASMPBA amendments are approved the following would likely be proposed for amendment later this year (quarterly public hearing required; possibly September QPH): o Joint Land Use Plan with Hillsborough o County Future Land Use Map o County zoning amendments (possibly) • These are in addition to the MPD-CZ application currently scheduled for the September QPH (which does not include the entire area included in the WASMPBA amendments). Commissioner Jacobs asked if Davis Road is changing to a primary service area for Hillsborough, and if Davis Road is the border of the rural buffer. Perdita Holtz said that is one of the land use plan amendments that might need to be made later this year. She said it is the rural buffer, but the rural buffer should follow the watershed line, and this does not as the watershed line is a bit further south. She said in 2001 the best available data was used to determine that line, and now there are more refinements that can be used with GIS, and so the line is not really the line. Commissioner Jacobs said this makes perfect sense in the abstract, but in the real world this does not work because a lot of people live or own land in this area. He said if these people miss the public hearing, they will not know that this area will be re-zoned due to more accurate data. Perdita Holtz said that is essentially what is proposed, and staff will notify all landowners of the re-zoning and the public hearing. Craig Benedict said the amount of acreage is not taking an entire property, within one designation, and switching it to another. He reviewed a map to show examples. He said 15 moving the boundary to its originally intended location will stabilize this line. He said staff will be happy to meet with any residents. Commissioner Jacobs asked if staff would do a community meeting prior to the public hearing. Craig Benedict said yes, staff has already spoken to some residents, and will continue with community outreach. Commissioner McKee asked if the number of residents that may be affected by this is known. Craig Benedict said there are no houses in the smaller, marginal area, but there are three houses in the overall expansion area. He said staff will still put out notices to this area. Commissioner McKee asked if making this change will require the landowners to do anything unless they want to. Craig Benedict said no, no one is required to make any changes to the use of a property. He said if the County proceeds with the variety of approvals after this, meaning other partners with the water and sewer boundary agreement, there may be the potential for public water and sewer. Commissioner Marcoplos referred to the property owner to the south of the "red hatch," and said he/she may one day discover some development occurring closer to their land than they ever anticipated. Craig Benedict said water and sewer could extend to the ridgeline, and to the south is part of the rural buffer and would not have development. He said if the County pursued economic development in this area, there is a 150-foot wide buffer on the fringe of economic development zones. He said throughout the County and Chapel Hill and Carrboro, there is a sharp drop off from urban areas to the rural buffer. He said development is focused, and in this case, there is a drop off at the ridgeline. Trish McGuire, Carrboro Planning Director, continued the PowerPoint presentation: Amendments in Carrboro's Planning Jurisdiction (map) Existing OWASA Service in Smith Level Road Area (map) Carrboro Zoning in Vicinity- change to a primary service area (map) Adoption Consideration Dates • Orange County May 2 • Carrboro May 16 • Hillsborough June 12 • Chapel Hill June 12 • OWASA May 25 or June 8 Proposed WASMPBA Amendments • Recommendation: o Adopt the Resolution amending the Water and Sewer Management, Planning, and Boundary Agreement • (Amended Resolution Package) Commissioner Jacobs said he asked the Clerk to contact previous County Commissioner Alice Gordon, as she was part of the creation of the WASMPBA. He said that Commissioner Gordon could not remember why this area fell through the cracks years ago. 16 Perdita Holtz reviewed the recommendations. Commissioner Jacobs asked if the BOCC is agreeing to set a public hearing, or to change the designation. Perdita Holtz said there is no public hearing for the WASMPBA, only for land use and zoning. Commissioner Jacobs said the previous discussion about notifying the public about the change does not actually exist in the real world, because the Board is being asked to make the change this evening. Perdita Holtz said if the Board makes the changes, there will be changes made to the joint land use plan and the County future land use map later this year. She said a public hearing would come into effect. Commissioner Jacobs said those residents who have difficulties will already be fighting against the fact that the government has changed it, and will be arguing to change it back, versus a proposal and a discussion. Perdita Holtz said all that would be changed this evening is making the land's primary service area, but the zoning and land use regulations that are currently in effect would stay in effect. Commissioner Jacobs said the difference between long term service area, which is a benign concept, versus primary service area, which means it is inviting water and sewer, is a big difference. Perdita Holtz said the current zoning will still apply, and any up zoning or changes to the future land use map would need to go through a public hearing process. Chair Dorosin asked if the Board votes in favor of this tonight, nothing can change unless the other changes go through. Perdita Holtz said yes, and this is one of the complexities of all of these agreements, and zoning, and joint land use plan. She said it is confusing which comes first, but staff has determined that the WASAMBA amendments need to come first because the future land use and the zoning cannot be changed if it is not a primary service area. A motion was made by Commissioner McKee, seconded by Commissioner Burroughs for the Board to adopt the revised resolution-Attachment 1- amending the Water and Sewer Management, Planning, and Boundary Agreement. VOTE: Ayes, 5; Nays, 1 (Commissioner Jacobs) d. Award of Design-Build Agreement— Sportsplex Field House Project The Board considered 1) awarding a Design-Build Agreement to TA Loving Company of Goldsboro, NC for the Sportsplex Field House project with a Guaranteed Maximum Price ("GMP") not-to-exceed $3,714,000 to include this project within the spring 2017 project financing offering scheduled to close in June 2017; 2) approving and authorizing the Chair to execute the necessary paperwork upon review of the County Attorney; and 3) authorizing the County Manager to execute any amendments to the GMP up to the project budget. BACKGROUND: In 2013 the Board authorized the purchase of 2.88 acres of property adjacent to adjacent to the Orange County Sportsplex to construct a proposed field house complex and related site parking to support its growth in the areas of turf field, sport court, and indoor fitness activities. These areas of space need are also to support growth in afterschool, preschool and camp programming. 17 The Board appropriated funds for the construction and operation of this project within its FY2015-20 Capital Investment Plan (CIP). The Board also authorized the Sportsplex mezzanine project, appropriated in FY2014-19 CIP, to be combined within the field house for efficiencies in operation and cost. On September 15, 2015 the Board approved a set of criteria supporting the Design-Build method of capital project delivery (authorized by the North Carolina General Assembly in 2013), as well as its application with the Sportsplex Field House project. On February 11, 2016 Orange County received eight responses to its Request for Qualifications ("RFQ") issued on January 14, 2016 for Design-Build services for the Sportsplex Field House in accordance with North Carolina Procurement Law regarding procurement of Design-Build services. A staff panel consisting of members from the Manager's Office, the Department of Environment, Agriculture, Parks & Recreation ("DEAPR"), the Sportsplex Management Staff, Finance & Administrative Services, and Asset Management Services evaluated presentations of selected firms and agreed to recommend the TA Loving Company to serve as the Design- Builder for this project. The site has two small residential units on site that will be de-constructed as part of the project. One unit is not salvageable; however Asset Management and Housing, Human Relations and Community Development staff continue to analyze options with County affordable housing partners to potentially relocate and rehabilitate the second residential unit in order to keep it in the affordable housing inventory. Disposition of this housing unit would be confirmed prior to the start of construction. The projected timeline for this project is as follows: Activity Estimated Date Range BOCC Authorization for Design-Build Agreement and GMP; approval for project to move forward within Spring Financing package: May 2, 2017 Construction Period: July 2017 - March 2018 Occupation: April 2018 Jeff Thompson, Asset Management Services Director, made the following PowerPoint presentation: Sportsplex Fieldhouse Orange County, North Carolina 5.2.2017 Purpose • Approve Design-Build agreement and Guaranteed Maximum Price: o TA Loving Company— Goldsboro, NC o GMP — not to exceed $3,714,000 • Authorize Chair to sign agreement upon County Attorney review • Authorize County Manager to execute amendments to the GMP up to the Project Budget Overview 18 • Background • Sportsplex Fieldhouse Vision • Program Overview • Construction Schedule • Feedback and Questions Background • 1994 —Triangle Sportsplex constructed • 2005 — County acquisition, engaged professional management • 2009 — Passmore Center addition, major Sportsplex renovations • 2012 — Fieldhouse, 2nd mezzanine envisioned • 2014 — Land acquisition for fieldhouse • 2015 —2nd mezzanine vision study/schematic plan • 2016 — Fieldhouse Design- Build engagement with TA Loving John Stock presented this portion of the PowerPoint: Orange County Sportsplex: Situational Analysis • Classes overcrowded during prime times. • Shortage of Courts and Turf for programs. • Insufficient Family and Single User Change Facilities. • Pre-school, After-school and Camp demand exceeds space Critical to needs of families in Central/Northern Orange County Field House Vision • Field House addresses Orange County wide need for Courts; Turf; Children's Care • Completes vision of a state of the art, multi-venue, community gathering place promoting healthy lifestyles for all ages from toddlers to seniors. o Combat childhood obesity; Type II Diabetes; physical wellness challenges of aging adults. o National class model of what is possible for multi-generational, diverse wellness programming through an effective public/private partnership. Field House The Sportsplex is all about family, fun and fitness for all ages and abilities! • Expanded Fitness Center addresses diverse needs of broad member base. • Two Regulation sized Courts. • Turf Field. • Children's Center for Preschool, Afterschool, Camps. • Quality programs, academies, leagues for all ages. • Seniors programs like Pickleball Orange County Sportsplex: 2017 Status • Sportsplex acquired in 2005: 800 members; annual losses of $1,000,000. • Today: 6,000 members. Annual customer visits of 700,000! • FY17-18 consolidated Sportsplex Revenues projected at $3,400,000 (double 2005 levels ...a 10% annual growth rate). 19 • Operating Costs contained, resulting in operating surplus of$550,000 ($1.7million net annual operating surplus improvement from 2005). RFP will produce similar growth and incremental financial results from the Field House investment by the County. New Court and Turf Programs • Programs transferred to the Sportsplex from other RFP facilities: o Lil Kickers o Lil Dunkers o Lil Cheer o Lil Sluggers o Futsol o Soccer, Lacrosse, Basketball and Volleyball Leagues o Sports Schools/Academies o Gymnastics o Opportunities for turf and court programs similar to current partnership with UNC on swim clinics. Fitness Expansion • Cardio/Aerobics for Adults • Senior Programs • Specialty Weight area • Separates Workout styles • Family/Single User Change Rooms Field House Financial Summary • Board approved Field House appropriation is $3,750,000. • Sportsplex membership will grow from 6,000 to 8,000 (33%). Combined with new programming, Field House operations to generate $7,200,000 incremental revenues over the first six years. • By leveraging RFP staff/management resources, combined six year operating surplus of$3,754,000 will reimburse the appropriated costs. • Synergies with existing operations will facilitate the combined annual operating surpluses of$1.4 million, which can be re-invested in countywide wellness and recreation. John Stock, Sportsplex General Manager, introduced the company that will be building the Fieldhouse: TA Loving. Ken Redfoot, Architect, presented this portion of the PowerPoint, and reviewed the plans for the Field House. Commissioner Rich asked if there will be spaces for bicycle parking. Ken Redfoot said the Hillsborough approval process has just begun, and more details will be incorporated going forward. He said bicycle parking can be accommodated. Commissioner Rich asked if there is bicycle parking at the current facility. John Stock said no, and staff is investigating costs for bicycle parking. Commissioner Rich asked to find out if this is part of the Hillsborough guidelines, so that bicycle parking can be included. Commissioner Jacobs asked if the size of the basketball courts in the gymnasium could be given. 20 Ken Redfoot said the courts are 50 x 84 feet, which is regulation high school court size. Commissioner Jacobs asked if any thought has been given to using solar or geothermal technology for this new facility, or retrofitting the existing facility. Jeff Thompson said staff is analyzing retrofitting the building with the high performance building standards analysis, and the size of the facility makes it challenging from a cost standpoint. Commissioner McKee referred to the 54-space parking lot, and asked if, given heavy use of the current parking lot and the expansion numbers, parking will be expanded or a parking deck considered. John Stock said a parking study was completed a year ago, and maximum capacity was only reached when large meets or events are occurring. He said staff has changed the nature of these meets to allow for easier flow. He said the study was repeated again recently and there was only a 10% increase in numbers with the maximum still not being reached. He said if growth continues at its current rate, then parking will be an issue. Commissioner McKee said increased public transportation may help. He said any improvements only drives more people to want to use this facility, and the mode of transportation will be automobiles. He said he is glad that staff has done parking studies. Commissioner Jacobs thanked John Stock for the good work that he is doing and his willingness to work with the County. Commissioner Jacobs said when he got on the Board he got a lecture from senior Commissioners that minority children had no place to go swimming. He asked John Stock if he knows the percentage of pool users that are minorities, and, if not, could he do some estimation and explore ways to attract these communities to use the facility. John Stock said he could only offer a guess, but he said schools with large numbers of African American students are using the facility. He said the summer program is a tool to bring in more minority students. He said there is room for improvement, and he would try and get a more precise number to the Board. Jeff Thompson reviewed the project schedule. Commissioner Rich asked if TA Loving pays a living wage, and Jeff Thompson said yes. A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs for the Board to: 1) Award a Design-Build Agreement to TA Loving Company of Goldsboro, NC for the Sportsplex Field House project with a Guaranteed Maximum Price ("GMP") not-to- exceed $3,714,000 to include this project within the spring 2017 project financing offering scheduled to close in June 2017; 2) Approve and authorize the Chair to execute the necessary paperwork upon review of the County Attorney; and 3) Authorize the County Manager to execute any amendments to the GMP up to the project budget. VOTE: UNANIMOUS 7. Reports a. Orange County Partnership to End Homelessness 2016 Report The Board received a report on the 2016 activities of the Orange County Partnership to End Homelessness (OCPEH), and also reviewed the homeless service system map. 21 Allison De Marco, OCPEH Leadership Team Chair, reviewed the background information below: BACKGROUND: The Orange County Partnership to End Homelessness was created in 2008 to coordinate funding and activities to end homelessness in Orange County. OCPEH is jointly funded by Orange County (39%) and the Towns of Carrboro (15%), Chapel Hill (41%), and Hillsborough (5%). Corey Root, Homeless Programs Coordinator, said she submitted the business report, Point-In-Time (PIT) count, and the Plan to End Homelessness to the BOCC. She referred to the last page of the information, the Homeless Systems Map (Attachment 4), and said she would like to focus on this page tonight. Corey Root said this map contains a great deal of information. She said there are different paths through the system, depending on a person's need; such as being at risk of homelessness, newly homeless, and long-term homelessness. She said the goal for everyone is to secure permanent housing as quickly as possible. Corey Root highlighted the three areas of the map: Green - at risk of homelessness; Yellow - currently homeless; and Purple - stable housing. She said this map also conveys all of the different players in Orange County that are working to end homelessness. Corey Root said OC Connect is the coordinated entry system and is an initiative that seeks to systemize the way people enter, are assessed, and referred for homeless services. She said this system minimizes the confusion for those in need of services, and this system is in line with federal mandates to address homelessness. Corey Root said the gaps in the system are seen on the map in pink, and these areas are: diversion funding, accessible and housing focused shelter, street outreach, multi-service center - 24 hour bathrooms, landlord partnership initiative, and income based rental units. Corey Root reviewed the options for stable permanent housing. Commissioner Jacobs referred to the therapeutic court, and said this already exists. Corey Root said this is known as outreach court. Commissioner Rich asked if there are resources available to house the homeless when they first come in need of shelter. Corey Root said there are out-of-county shelters. She said there are some hotel/motel vouchers programs, but these are short term and often uncoordinated. She said some people elect to stay outside, but do not want to do this for the rest of their lives; they still seek permanent housing. Commissioner Rich asked if there are agreements with the Inter-Faith Council (IFC) to let people stay on white flag nights. Corey Root said yes. She said IFC has 17 beds for single men on white flag nights, and 2-3 beds for single women. She said white flag nights are when the temperature is forecast to be below 40 degrees, in the months between October and April. Commissioner Rich asked if it is difficult to get people in shelters during this time. Corey Root said this is the second year that white flag nights have existed at the current Community House. She said there are a lot of barriers with the current neighbor plan, and increased communication is being worked on. She said street outreach would help greatly with communication. Commissioner Burroughs asked if there is any information for 2017. Corey Root said the overall number is 127, and she will have a full breakdown of statistics at a later date. 22 Commissioner Marcoplos said he has been to three OCPEH meetings so far and is learning a lot. He said he is impressed with the work and is glad to be a part of it. b. Countywide Radio Communications Needs Assessment and Alternatives Report The Board received a presentation on the Countywide Radio Communications needs assessment and alternatives analysis as well as potential cost share models for sharing the cost of the system with public safety agencies in the County, and provide feedback on the project and the funding recommendations currently contained in the Manager's Recommended Capital Investment Plan. Dinah Jeffries, Emergency Services Director, reviewed the following background information: BACKGROUND: The existing Orange County public safety radio communications systems have served first responder agencies adequately for many years. However, multiple system components are at or near end of life, spare parts are hard to find, and vendor support will be ending in the next few years. Existing radio systems do not have the built-in redundancy that prevents system outages in the event of component failure or other disasters. As Orange County continues to grow, first responder agencies have recognized that current public safety radio systems do not meet today's radio coverage, capacity, and resiliency requirements. Recognizing these factors, the County engaged Federal Engineering, Inc. (FE) in a multiphase approach to conduct a system evaluation, planning and alternatives development study. This presentation to the Board of Commissioners will summarize the work completed during the initial evaluation and planning phase. The second step in the evaluation and planning phase involves a detailed evaluation of the selected alternative radio system approaches, developing migration plans, and finalizing budgetary cost estimates. Based on the funding approach approved in the Capital Investment Plan, subsequent phases of this radio project could include the development of a competitive request for proposals, assistance during the procurement process, technical evaluations of vendor proposals, and vendor negotiations assistance resulting in an executed vendor contract. Dinah Jeffries introduced Cliff Brown from Federal Engineering, who made the following PowerPoint presentation: Orange County Replacement Radio Project Board Of County Commissioners Meeting - May 2, 2017 Agenda • Replacement Radio Project Purpose • Replacement Radio System Architecture • Replacement Radio Project Overview/ Needs • Alternatives Considered / Estimated Costs • Recommended Solution / Estimated Costs • Agency Cost Allocations • Next Steps Project Purpose 23 Determine the most economical, efficient, reliable, and state-of-the-art method for designing and provisioning a countywide radio communications system to meet long term voice, paging, and voice interoperability needs Radio System Architecture — graphic Project Overview— Scope • Needs and Requirements • Alternatives Analysis and Cost Estimates • Recommended System Solution -- We are here • Technical Specifications/RFP Development • Procurement Support Project Overview- graphic Project Overview— Needs Users — Emergency • Law Enforcement • Fire • EMS • Emergency Management Users — Non-emergency • Public Works • Transit • Schools • Animal Control • OWASA • Solid Waste Project Overview— Needs • Radio coverage improvements o Portable radios — outdoor o Portable radios — indoor o Leverage new sites for multiple purposes • Radio system capacity improvements o Increase number of channels to reduce congestion o Leverage new microwave system - multiple purposes • Local system administration o Add users o Change aliases o Modify talk groups • Interoperability (ability to communicate with others and mutual aid) o Intra-County o Inter-County • System availability improvements o Direct County control of system elements o Direct County control of system maintenance o Redundancy 24 • Estimated costs • Migration plans Existing Radio Systems • VIPER (Voice Interoperability Plan for Emergency Responders) — 700/800 MHz P25 — all public safety users o No local system administration o Single points of failure / lack of redundancy o Expansion possible — current model: purchase equipment and give to State • UHF — backup system for Chapel Hill • VHF —fire paging, schools, animal services, backup for multiple public safety agencies Alternatives Considered • VIPER 700/800 MHz P25 channel expansion • Standalone 700/800 MHz P25 • Shared 700/800 MHz P25 system (Durham County) • Standalone VHF Analog Standalone alternatives consist of building blocks that can be combined between alternatives VIPER Channel Expansion • Add channels to existing VIPER sites • Improves capacity—fewer busies/blocked calls • Lowest cost of alternatives • Does not address o Required radio coverage improvements o Required system availability/redundancy improvements/single points of failure o Required local system administration improvements o System use by public services (schools, public works, transit, animal services, OWASA, solid waste) Standalone 700/800 MHz P25 • Dedicated 700/800 MHz P25 system for County, serving all users (now and in future) • New system control equipment (redundant) • New radio site equipment (sites, towers, shelters, radio channel equipment, microwave) • New consoles (or use existing), control stations (to access "other" systems) • Retention of most existing portable/mobile radios • Provides improved: o Outdoor and indoor radio coverage o Capacity for all users, expandable o Local system administration o System availability/reliability (redundancy— no single point of failure) • Sites built for 700/800 MHz P25 leveraged for use by VHF system, County broadband • Dedicated microwave for radio systems, leveraged for use for County data, County broadband Shared System — 700/800 MHz P25 • Same as standalone 700/800 MHz P25 system EXCEPT 25 o System control equipment provided Durham (significant initial capital cost savings) o Cost sharing model used between Durham and Orange County for ongoing shared equipment, system upgrades, and maintenance o Interlocal agreement to be executed (governance, cost sharing) 700/800 MHz P25 Radio Coverage - map 700/800 MHz P25 Radio Coverage - map 700/800 MHz P25 Radio Coverage - map 700/800 MHz P25 Radio Coverage - chart Standalone VHF Radio Coverage - map Standalone VHF Radio Coverage - map Standalone VHF Radio Coverage - map Standalone VHF Radio Coverage - chart Standalone VHF Radio Coverage - chart Alternatives — Estimated Costs - chart Recommended Replacement Radio Solution • Excellent County stakeholder participation throughout project • County Radio Team reviewed needs and requirements —foundation for alternatives • County Radio Team reviewed alternatives • Consensus and agreement by entire County Radio team on the recommended replacement radio solution • VIPER— no additional channels to be added • Combination of two alternatives — Shared System (Durham) and VHF • Implement systems in stages (steps) • Long term 700/800 MHz P25 solution o 700/800 MHz trunked P25 for all users — countywide radio coverage o 17 site buildout • VHF solution o Lower cost radio units (than P25) for public service o 4-site buildout Recommended Replacement Radio Solution • Step 1 o Share Durham system control equipment (core) o Procure and build 4 700/800 MHz P25 sites in Chapel Hill and Carrboro area, connect to Durham core, and dispatch center consoles • Step 2 26 o Procure and build 4 VHF sites in County (use sites that will also be used for 700/800 MHz P25) • Step 3 (could be divided into multiple steps) o Procure and build the balance of the 17 700/800 MHz P25 sites Recommended Replacement Radio Solution - map Recommended Replacement Radio Solution - map Recommended Replacement Radio Solution - map Estimated Costs - chart Agency Cost Allocations Potential Cost Allocations • County provides new radio system infrastructure for emergency and non-emergency users • Each agency purchases portables, mobiles, and control stations, and programming for radio units • Each agency pays a usage fee to the County for use of the new system System Usage Fee • County will need to define formula and basis for fees • Examples from other similar systems o Fee based on number of talk groups (channels), and unique features (encryption, GPS/location, individual call) — monthly recurring per unit (example — South Carolina) o Fee based on number of radio units — one-time fee as radio unit is added (example: $250/unit— one time, $32/radio/month) Next Steps • County approval of recommended replacement radio solution • Confirm project stages/steps and schedules • Identify and secure funding • Define procurement approach (competitive RFP, negotiation with vendor) • Develop technical specifications/RFP for long-term system solutions, and require buildout in stages o Vendor guaranteed radio coverage (outdoor, indoor) o Vendor guaranteed grade of service (capacity) o Vendor guaranteed system availability/reliability • Procurement process • Negotiation and contract award • Implementation FE Orange County Project Team Cliff Brown: Orange County Program Manager cbrown @fedeng.com 704-451-5090 27 Travis LePage Orange County Project Director tlepage @fedeng.com 585-507-9731 Questions Commissioner McKee clarified that the differential between using Durham County's CORE system and Orange County's CORE system is $3 million. Cliff Brown said it is about $2.8 million. Commissioner McKee said the cost is $3 million more than the $29 million shown there, and the end result, if Orange County were to build its own independent system; or would it be more than the $3 million. Cliff Brown referred to alternative 2 on page 25, and said that is a stand-alone system that includes Orange County's own core. He said that is not sharing anything, and a shared system is $26 million. Commissioner McKee said 17 towers will be needed, if 200 foot towers are used. He asked if the number of towers needed could be identified, if the towers were 300 feet. Cliff Brown said he does not yet have this information. He said 200 feet is a magic number, both within the County's UDO and with the Federal Aviation Administration (FAA). He said towers over 200 feet must be marked with a light, and most residents have concerns about this. Commissioner McKee asked if it would be possible to explore going to a higher tower and reducing the number of towers, so that money could be saved and used for the CORE System. He said in a shared system, Orange County will not be the primary partner; and while there can be good faith negotiations, there will always be unanticipated events that occur. He said potential problems will need to be heavily analyzed if a shared system is to be considered. Commissioner McKee asked if the reduction of towers, due to increased heights, could be researched. Cliff Brown said yes. He said, on average, a brand new site for a tower is about $1.4 million, including equipment, prepping the land, etc. He said higher towers cost more money, but there would be less land costs. Commissioner Marcoplos said he lives 11 miles outside of Carrboro, and suggested putting the tall towers in Chapel Hill and Carrboro, as the blinking lights would blend in with the urban landscape; and put the unblinking lights in the rural areas. He said to use a hybrid system of towers. Cliff Brown said guidance from the County is welcomed. He said existing structures are being considered as well, such as the University of North Carolina (UNC) and a building just over the Durham County line. He said the 700-800 system, which is the long term solution for the County, are also VHF sites, which would eliminate duplication. Commissioner Jacobs said as far as siting taller towers, the County looked at bird flyways in considering the location of higher towers, which kill birds. He said lower towers were preferred for this reason, and Craig Benedict may have that information. He said the Audubon Society may also be helpful. Chair Dorosin asked if the County will have to pay fees to Durham if it uses a shared system. Cliff Brown said yes, and this cost is not factored into the cost estimates reviewed this evening. He said the costs identified this evening are only capital costs. He said the fees depend on how many users are in the system, but the initial quotes range from $50,000- $100,000 annually. 28 Chair Dorosin asked if VIPER will let them use their towers. Cliff Brown said it depends on who owns the tower, and some will allow use, and some will not. Chair Dorosin asked if the recommendation is to abandon VIPER. Cliff Brown said yes, and the main reasons are: coverage, capacity, and reliability. Chair Dorosin said asked if there is an option between the $2 million and the $30 million; and it seems like that is the $26 million option. Cliff Brown said this is recommended answer. He said the VHF solution would provide County coverage, and consists of 10 sites and costs $10 million. He said this would be conventional analogue, and VHF involves a lot of interference and skip. He said new frequencies would be needed, which may be difficult due to how long VHF has been in use. He said there are grants available, and usually require systems to be P25 and have interoperability. He said these requirements promote counties coming together to create regional systems. Chair Dorosin asked if there is a lot of grant funding available. Cliff Brown said there are multiple grants per year, and the amounts vary greatly. Chair Dorosin asked if other areas are leaving VIPER. Cliff Brown said some are leaving, and some are joining the system. He said there are a large variety of radio systems across the State. Bonnie Hammersley said staff wanted the BOCC to have this report before discussing capital prioritization next week. She said no action is required this evening. Chair Dorosin said the proposed plan notes that the first four towers should be in the southern end of the County. He said there seems to be good coverage in this part of the County already, and asked if these towers should be put in more rural areas where coverage is lacking. Cliff Brown said that plan would move the higher quantity of users into a new system, where they are not competing for fewer channels on the VIPER system. He said this would offer the quickest relief to the problems with VIPER, to the largest number of users. He said P25 is the industry standard and is connected to all funding streams, but VIPER is P25 and so this would be retained as a backup system. He said all surrounding counties are P25, which allows for interoperability and mutual aid. c. Bicycle Safety Task Force (BSTF) Report and Next Steps The Board received a presentation on the Bicycle Safety Task Force Report, and provided direction on next steps. Abigaile Pittman, Transportation/Land Use Planner II, reviewed the following background information BACKGROUND: The process that led to the development of the BSTF Report began in November 2014 with a Board petition to review policies related to bicycle safety and working with stakeholder groups to develop a culture of sharing the road. The Manager asked Planning staff to work with the OUTBoard to set up a subgroup to discuss and develop a plan. Planning staff proposed a plan to address the petition regarding OUTBoard/Bicycle Safety, which was provided as an information item to the Board of County Commissioners (BOCC) on February 3, 2015. The materials and minutes for this meeting can be found at the following link: http://server3.co.orange.nc.us:8088/WebLink8/0/doc/36289/Pagel.aspx. 29 The staff plan addressed representation from the BOCC, resident participation, public outreach, task objectives, and ultimately a report back to the BOCC with recommendations. These initial tasks were addressed through the work of an OUTBoard subcommittee group, and approved by the full OUTBoard in May 2015. The subcommittee's report was forwarded to the BOCC in June 2015 where its recommendations were accepted and the staff was directed to return in the fall with information relevant to next steps. A description of this process is provided in the first attachment of the BSTF Report (Attachment 1). The subcommittee's report is provided in the second attachment of the Report. Through discussions with the BOCC and the County Manager from November 2015 to January 2016 it was decided that the best way to implement recommendations of the OUTBoard's bicycle safety recommendations would be through a task force with a defined charge and set term. It was also agreed that the general focus of the task force should be on education and communication. At its February 2016 meeting the OUTBoard made recommendations regarding the BSTF membership, charge and term and forwarded it to the BOCC for review at March, May, and June 2016 meetings. The BSTF Resolution and members were appointed on June 21, 2016. Commissioner Renee Price was appointed as a liaison to the Task Force. The Resolution, which includes the criteria for the BSTF members, the Charge, and the direction to report back to the BOCC, is provided in the third attachment of the Report. The list of appointed BSTF members is provided in the fourth attachment of the Report. Bicycle Safety in Orange County, NC Report The BSTF met numerous times over a six-month period, with much research and deliberation resulting in the attached Report with attachments and appendix. The BSTF developed a set of goals, which is provided in the appendix of the Report; evaluated a bicycle crash report for the County (the fifth attachment of the Report); reviewed existing and new bicycle laws (the sixth attachment of the Report); and developed possible actions and time and cost estimates (the seventh attachment of the Report). Through the process, the BSTF endorsed a public education and awareness campaign directed at all rural road users. The campaign, "Drive Safely, Ride Safely" is designed to foster mutual respect and shared interest in road safety, and focuses on the premise that most motorists and cyclists want to share the road safely. The Report recommends a series of actions centered on a public education and awareness campaign, improved data collection and measurements, and traffic safety improvements. This process and the campaign are described in the first several pages of the Report. The Report also includes suggestions for implementation and potential actions with estimates regarding responsible parties, range of expected expense and timeline. The BSTF recommends the creation of an implementation task force as well as a future task force to study infrastructure improvements in areas of the County where cycling is especially popular. The implementation portion of the Report is found on pages 6-10 of the Report. The BSTF has recommended and requested a budget of$15,000 for FY 2017-18 and appropriate County staff support to launch the campaign. Cycling advocacy groups and local civic groups would also be approached, along with other possible partners, to provide volunteer resources and possible additional funding to assist in implementing the campaign. Additionally, participation from the County Sheriff and other law enforcement agencies, Orange 30 County Schools, EMS and others is anticipated to help encourage safe ways to share the road. The recommended funding request is found on page 10 of the Report. Abigaile Pittman made the following PowerPoint presentation: Bicycle Safety Task Force May 2, 2017 BOCC Meeting Final Report Purpose • To receive a presentation on the Bicycle Safety Task Force Report and provide direction on next steps. Full Bicycle Safety Task Force Report provided as Attachment 1. Background • BOCC created BSTF June, 2016 • BSTF Goal: recommendations to improve road safety for cyclists and motorists in the unincorporated areas of County • 18 members with broad stakeholder representation (see Attachment 4 of Report) • Full timeline (see Attachment 1 of report) BSTF Charge • Attachments 2 and 3 of Report (proposed actions for Report and adopted Resolution); • Develop a campaign for bicycle safety education and research; • Develop an implementation timetable with estimated funding request information; and • Develop a recommendation for funding. PRIMARY REPORT COMPONENTS • Set of Goals in Appendix of the Report; • Campaign, "Drive Safely, Ride Safely" is designed to foster mutual respect and shared interest in road safety; and • A series of actions centered on a public education and awareness campaign, improved data collection and measurements, and traffic safety improvements. 1-YEAR FUNDING REQUEST • $15,000 for FY 17-18 o Posters and flyers o Signage design and placement at entry points in county (5+) o Bumper stickers/magnets o Yard signs o Website development and social media o Launch campaign kickoff (signs, contests, ads, etc.) OTHER REPORT RECOMMENDATIONS • BSTF Implementation Committee; • County staff support to help launch the campaign; and 31 • Appointing a future committee to study infrastructure improvements in areas of the county where cycling is especially popular. OTHER RESOURCE GROUPS • Cycling advocacy groups • Local civic groups • Orange County Schools • NCDOT • Law enforcements agencies • EMS Chair Dorosin asked if the budget request is based on supporting this drive safely/ride safely program. Abigaile Pittman said it would support the education and education campaign, and to bring some awareness of safe bicycling. Commissioner Rich asked if the website will live on the Orange County website, and if it will be linked to the Towns. Abigaile Pittman said yes, but there is limited flexibility on the design of the website, and it would have to be a sub set of the Planning Department on the transportation site. Commissioner Rich said she is concerned that people will not be able to find this information. Abigaile Pittman said she has voiced this same concern. She said it can be closer to the front of the Planning Department's page. Commissioner Rich said the Intergovernmental Parks work group is working on a lot of maps that have different aspects, such as hiking, mountain biking, etc. She said some of these maps may be able to be incorporated. Commissioner Rich referred to the comment that change comes about through education, not laws. She asked if examples could be provided of the type of education that can be offered. Heidi Perry, Chair of the Bicycle Safety Task Force and Outboard Chair, said this can be done in a few ways, and they have heard from a member of the Highway Safety Research Center, who had great influence on this philosophical approach. She said part of the kick off campaign could include rewarding good behaviors, instead of focusing on the negatives. She said the posters would be educational, as the laws on this topic are often misunderstood. Commissioner Marcoplos said large groups of bike riders are the peskiest of all. He asked if there are legal solutions to this issue, such as maximum group size, spacing on the road, etc. Heidi Perry said there are no laws, but there are best practices, which can be found on the bikewalknc website. She said it is hard for a large group to break into smaller groups safely. Commissioner Jacobs asked if the use of helmets was discussed. Heidi Perry said it is a state law that anyone under the age of 16 has to wear a helmet, and organized groups/rides require helmets to be worn. Chair Dorosin said he is open to talking about this budget request. Bonnie Hammersley said it is not a part of her recommended budget, but she has asked Todd McGee to work with this group. Commissioner Jacobs asked Abigaile Pittman if she checked with the NC Department of Transportation (DOT) to see if they provide any of these materials as part of their bicycle program. 32 Abigaile Pittman said there is a desire for the campaign to have a more branded and cohesive look. She said the budget request took the in-house graphic designer in to account. Commissioner Jacobs suggested asking the Visitor's Bureau (VB) to help with the promotion of events and information. He said the budget may shrink if the partnerships increase. Heidi Perry said the Visitor's Bureau is very supportive, but the committee desires the County to have some buy in into this report and project. Chair Dorosin said to bring this item back during the BOCC budget discussions. Abigaile Pittman said one of the most expensive items is signage on the roadways. 8. Consent Agenda • Removal of any items from Consent Agenda Commissioner Jacobs —Item i • Approval of Remaining Consent Agenda A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda i. Carrboro Extraterritorial Jurisdiction (ETJ) Expansion Request— Highway 54 West The Board considered sending the Town of Carrboro a letter in support of the Town's request to move forward to a public hearing regarding extension of its ETJ over 2.9 acres of land along Highway 54 West. Commissioner Jacobs said he would like to request engaging the Town of Carrboro in discussion on areas of joint land use concerns. He suggested for the Planning Directors to meet about mutual interest and possible future change, and an elected official could be included if so desired. Commissioner Jacobs also asked Bonnie Hammersley if she would meet with the Carrboro Manager about this topic. A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to approve sending the Town of Carrboro a letter in support of the Town's request to move forward to a public hearing regarding extension of its ETJ over 2.9 acres of land along Highway 54 West. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from April 6 and 18, 2017 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds 33 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for three taxpayers with a total of three bills that will result in a reduction of revenue, in accordance with NCGS. c. Contract with New River Tire Recycling - Load, Transport, and Recycle or Dispose of Scrap Tires The Board approved a contract with New River Tire Recycling, LLC of Pilot Mountain, North Carolina for the Loading, Transporting, and Recycling or Disposal of Scrap Tires and authorized the Manager to execute the contract. d. Contract Extension for Household Hazardous Waste Collection - Clean Harbors Environmental Services The Board approved an extension of the contract with Clean Harbors Environmental Services, a Massachusetts corporation, for the collection, processing and disposal of Household Hazardous Wastes and authorized the Manager to execute the contract. e. Adoption of the NC Fire Code Inspection Schedule The Board approved a revision to the County's fire code inspection schedule in order to comply with Section 106 — Inspections. f. Change in BOCC Regular Meeting Schedule for 2017 The Board changed to the County Commissioners' regular meeting calendar for 2017 to add a closed session on Monday, May 22, 2017 for staff evaluations. g. Two-Thirds General Obligation Bonds The Board adopted a preliminary resolution, which is incorporated by reference, for the issuance of$5.9 million in two-thirds General Obligation Bonds to support both school systems capital requirements for renovation and improvement of school facilities, with the two-thirds bond proceeds replacing the General Fund pay-as-you go funding for both school districts' renovations and facility improvements in FY 2017-18. h. Agreement with Flinchum Sales Tax Consulting for Sales Tax Refunds The Board entered into an agreement with Flinchum Sales Tax Consulting to determine if the County is due additional sales tax refunds from the North Carolina Department of Revenue (NCDOR) and authorized the Manager to sign. j. Unified Development Ordinance Amendment Outline and Schedule — Clarification of Recently Approved Subdivision Regulations The Board approved process components and schedules for a staff initiated Unified Development Ordinance (UDO) text amendment. k. Resolution to Endorse Orange County's Draft Transportation Project Lists for the Burlington-Graham and Durham-Chapel Hill-Carrboro Metropolitan Planning Organizations and the Triangle Area Rural Planning Organization (2020-2029) The Board approved a resolution (Attachment 1), which is incorporated by reference, endorsing transportation projects within the Burlington-Graham Metropolitan Planning Organization (BGMPO), Durham-Chapel Hill- Carrboro (DCHC) MPO and the Triangle Area Rural Planning Organization (TARPO) planning areas for State scoring and ultimate consideration of inclusion in the 2020-2029 Statewide Transportation Improvement Program (STIP). I. National Small Business Week Proclamation The Board approved a proclamation whereby Orange County joins the Small Business Administration to designate the week of April 30 through May 6, 2017 as National Small Business Week, and honor small businesses for their contributions to the economy of the nation, state and county and authorized the Chair to sign. m. Historic Preservation Month Proclamation 34 The Board approved a proclamation designating the month of May 2017 as Historic Preservation Month in Orange County and authorized the Chair to sign. 9. County Manager's Report Projected May 9, 2017 Regular Work Session Items Financial Policies Discussion (General Fund and Debt Capacity) 2017-2022 Capital Investment Plan — Project Prioritization Discussion 10. County Attorney's Report John Roberts said on May 16th the Board will see an item addressing impact fees and a possible method for lower fees for student housing projects. Chair Dorosin asked that they forego the closed session tonight and move it to the May 9th meeting and the Board agreed by consensus. 11. *Appointments a. Adult Care Home Community Advisory Committee —Appointments The Board considered making appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to appoint the following to the Adult Care Home Community Advisory Committee: • Appointment to a first full term (Position #1) "At-Large" position for Cresha (Christine) Cianciolo expiring 03/31/2019. • Appointment to a third full term (Position #4) "At-Large" position for Max Mason expiring 06/30/2019. • Appointment to a partial* term (Position #8) "At-Large" position for Gloria Brown expiring 06/30/2018. • Appointment to a partial** term (Position #9) "At-Large" position for William Lang expiring 03/31/2019. VOTE: UNANIMOUS b. Economic Development Advisory Board —Appointments The Board considered making appointments to the Economic Development Advisory Board. DEFERRED to May 16th meeting c. Nursing Home Community Advisory Committee —Appointments The Board considered making appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint the following to the Nursing Home Community Advisory Committee: 35 • Appointment to a second full term (Position #4) "At-Large" representative for Jerry Schreiber expiring 06/30/2020. • Appointment to a one year training term (Position #6) "At-Large One Year Training " position for Karen Macklin expiring 05/02/2018. VOTE: UNANIMOUS 12. Information Items • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under $100 • Memo Regarding Road Maintenance in Perry Hills Subdivision 13. Closed Session Deferred "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Closed Session Minutes VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to adjourn the meeting at 10:40 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board