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HomeMy WebLinkAboutMinutes 09-05-2017 1 APPROVED 10/3/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 5, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 5, 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 Chair Dorosin noted the following items at the Commissioners' places: - White sheet: PowerPoint for item 4-b - Revised abstract for item 6-a - White sheet: PowerPoint for item 6-b - Revised information for item 11-a - Printed public comments Chair Dorosin said Bob Marotto, Animal Services Director, is here to address any concerns on Item 11-a, and asked if this Item could be moved up between Items 3 and 4. Commissioner Price and Commissioner Jacobs suggested taking off Item 8-h from the consent agenda, and instead have staff give the Board an update on hurricane preparedness. Chair Dorosin suggested making it Item 6-a. PUBLIC CHARGE Chair Dorosin dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda Erik Myers shared the following comments: My name is Erik Myers. I'm the Founder and CEO of Mystery Brewing Company here in Hillsborough, and the President of the North Carolina Craft Brewers Guild. I'm here to follow up on an e-mail that I sent to all of you last week, and to ask your consideration as we move forward. As you might recall, I e-mailed you last week looking for advice and assistance as we work toward a pair of upcoming events hosted here in Hillsborough on County property: River Park. My company has been contracted as a vendor to serve alcohol during those events and 2 we have been given a moving target in terms of how we're allowed to operate while serving alcohol at an outdoor public space. Each reiteration has been more and more restrictive. The reason I reached out in the first place was to appeal for help in the face of a constricting set of policies, but what I've learned over the past week is that the problem is that there isn't a policy at all. I've spoken to Economic Development, Parks and Rec, multiple of you, the Sherriff's office, and leaders at each level of Town and County government, and at all levels one thing seemed clear: Everyone I spoke to seemed supportive of the presence of my company, and an open set of operating parameters in terms of serving alcohol in public. In fact, it seemed that the reason that we were given an ever-restrictive set of rules was because nobody had really thought about the best way to approach it, so the squeakiest wheel got the grease, so to speak. I am here today to ask you — and the County in general —to consider creating a consistent policy for serving alcohol at public events so that companies like mine, operating in Orange County, can have a clear set of guidelines within our home communities that we can plan for, work with, and operate within every time. We all want to do things legally and safely, and that is made all the easier when the rules are well-considered, well-documented, and the same every time. I understand that this is not an easy or quick undertaking. Alcohol is a tricky political matter and requires input from public safety, community leaders, as well as members of the alcohol industry. I've been involved in events serving beer in the community for over a decade now and I would be happy to volunteer my time to help craft a good policy for County grounds that are not covered by town jurisdiction, just as I have helped craft State law through the North Carolina Craft Brewers Guild, including a large portion of the recent brunch bill. I will be bringing the same request to the Town Council here in Hillsborough at their next meeting, and I would urge leaders in other parts of Orange County to do the same. The beer industry is flourishing here in North Carolina. It has a yearly economic impact of over 1 billion dollars state-wide and creates over 10,000 jobs. Here in Orange County, we have only 6 of the State's 230 breweries, but we support a large swath of local economy, from restaurants, bars, and grocery stores that buy and resell our beer, to local agriculture that we support with our restaurants and ingredients for our brews. Our employees live in the local community and support Orange County business with their wages. We are, by-in-large, community centers for our public—for your constituents — and the fact that we're asked to participate in local public events shows that we are valued by our community as an essential part of what a community gathering is. Giving us common sense rules that allow us to operate at those events, while keeping an important eye on public safety and eliminating underage consumption, keeps our communities thriving and happy while supporting an important part of our local economy. I look forward to helping to craft policy for these important considerations in any way I can. Thanks so much for your time. Erik Myers, erik @mysterybrewing.com 919-697-8379 Tom O'Dwyer read the following comments: Good Evening Commissioners, I'm Tom O'Dwyer, a resident of Orange County, and I represent Doris Tippens in the matter of a realty tax error that occurred from 2009-2016. Doris is my mother in law, and turns 89 next month. The error referenced in her letter and my accounting submitted to you tonight happened while she was caring for her ailing husband Reverend Jim Tippens, until his death in 3 late 2010. Jim was the one who addressed finances, and it wasn't until early 2016 that I discovered the error. Doris was wrongly taxed due to a clerical error. I first contacted Orange County's senior tax appraiser in 2016, pointing out the error before her taxes were due. He told me there was nothing I could do about it, except to appeal the tax appraisal in 2017. He cited laws to me to support his statement. I don't know who made the error, but it resulted in thousands of dollars of wrongful billing. This didn't seem fair, so with Doris' permission, I looked into this issue further. I subsequently met the Director of Tax Collections. In a follow up email, he eloquently acknowledged the error and offered an amount far less than the excess charges billed to Doris as reflected in my submitted accounting. Because of multiple errors, I don't think it would be appropriate for staff to solely decide the outcome and it was recommended I address the Board. Like Doris says in her letter, "we need your help". We simply want these errors to be fully corrected. I request you review Doris' letter, my accounting, and decide the best method to resolve this. I would be happy to meet with any Commissioners, or the County Manager with Staff to review the facts further. In the paperwork provided, you can see and have confirmed the amount her property was appraised for in 2008 and 2017. The 8 year in between of taxing in error are noted. There are columns that reflect interest rates lost and interest rates the courts of the County would apply as examples for Doris' claim. Like Doris, I humbly request the Board apply sound ethics and the Golden Rule in helping us resolve this mistake that cost my mother in law so much. Thank you, Tom O'Dwyer, POA for Doris Tippens 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 Bonnie Hammersley introduced two new staff members: Sherrill Hampton, Housing, Community Development and Human Rights Director; and Tyrone Fisher, Cooperative Extension Director. Commissioner Marcoplos said that four of the Board of County Commissioners was able to meet in late August as part of the SWOT meeting, and passed the Living Wage Day— Labor Day— in Orange County. Commissioner Marcoplos reported that while attending Partnership to End Homelessness meetings, the need for a street outreach coordinator arose. He said money to fund the position is an issue, and he suggested using Social Justice funds. He petitioned the Board to follow up on this. Commissioner Marcoplos said he and Commissioner Jacobs have a joint petition on the rural buffer, which is 30 years old; to celebrate and re-educate the public on this. He suggested creating a new group of staff and Board of County Commissioners to develop a 4 presentation on this at the upcoming Assemblies of Governments (AOG) meeting in November. Commissioner Burroughs said the search for the Board of Health (BOH) Director is ongoing. Commissioner Burroughs said during the light rail (LRT) discussion last spring, she was struck by the number of passionate, yet civil, advocates for the cause. She said WCHL may do a follow up piece, or an award to recognize those people. Commissioner Rich said the search for a new Solid Waste Director has begun. She thanked Orange County Schools (OCS) and the Chapel Hill-Carrboro City Schools (CHCCS) for their work over the summer for banning hateful images on school property. She thanked the Sheriff's office for its work at the Silent Sam protest on UNC Campus. Commissioner Price said she attended the National Association of Counties (NACo) conference in Ohio, and Orange County received an award for achievements in solar energy. Commissioner Price said NACo's theme this year is "Ending the Cycle of Poverty". Commissioner Price said she attended the North Carolina Association of County Commissioners (NCACC) annual conference, and their theme this year will be to "Let Children Thrive". Commissioner Price suggested that the Board review the NCACC stewardship report, especially near budget season. Commissioner Price said she is on the Community, Economic and Workforce Development steering committee, which is focusing on getting funds for CDBG, HOME and affordable housing. Commissioner Jacobs said the aforementioned petition on the rural buffer is part of a larger agreement, the Joint Planning Agreement (JPA), which is not well understood by many. Commissioner Jacobs said they also talked about a petition for tree preservation, and passed out information about the Department of Environment, Agriculture, Parks and Recreation's (DEAPR) policy on this issue. He asked that this come back and get fully adopted by the County. Commissioner Jacobs referred to Mr. Myers' concerns, and said there has been a goal of partnering the economic development office with any business applicant, in order to navigate any difficulties in obtaining permits, etc. He said local businesses should not be put through such frustrations. Commissioner Jacobs said he hoped that there would be additional signs posted upon entering the Rural Buffer in Orange County in the near future. Commissioner Jacobs said there will be a meeting with Durham staff and elected officials in October, to discuss economic opportunities around rail stations. He asked Chair Dorosin to write a letter to the Town of Chapel Hill, because it seems to be going ahead with planning around the Gateway Station without Orange or Durham County. Commissioner Jacobs referred to public access on public lands, and asked if an update could be provided regarding signage around the County, besides the Greene Tract. Commissioner Jacobs said the first agricultural summit planning meeting was held today. Commissioner Jacobs said the Sportsplex expansion groundbreaking occurred this evening. Commissioner McKee complimented Chair Dorosin and Commissioner Jacobs on their comments at the Sportsplex groundbreaking. Commissioner McKee attended a community meeting in Cedar Grove last week about community concerns over land use issues. He said these meetings are helpful, and he encouraged residents to attend and participate in Board of County Commissioners (BOCC) meetings. 5 Chair Dorosin said he will be bringing forth a petition to take a public position on the potential elimination of the Deferred Action on Child Arrivals (DACA), as well as the Dreamers. Chair Dorosin said the Chamber put out a powerful statement on the removal of the Silent Sam. Chair Dorosin said he met twice over the summer with the Mayors of Chapel Hill and Carrboro about the Greene Tract, which were very productive. Chair Dorosin asked if there were volunteers for the BOCC Retreat Planning Committee. Commissioner Marcoplos, Commissioner Burroughs, and Commissioner Rich volunteered. 11. Appointments a. Animal Services Hearing Panel Pool —Appointments Bob Marotto reviewed the four open positions. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to move Marcia Adams from her current "At-Large" (position #11) expiring 03/31/2018 to (position #8) "At-Large Public Safety Field" expiring 03/31/2020. VOTE: UNANIMOUS A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to appoint Dr. Charley Rowe to a first full term (position #4) "Town of Chapel Hill" expiring 03/31/2020. A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint Bonnie Hauser to a partial term (position #9) "At-Large" expiring 03/31/2019. A motion was made by Commissioner Marcoplos seconded by Commissioner Price to appoint George Goldbeck to a partial term (position #11) "At-Large" expiring 03/31/2018. VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) Bob Marotto referenced the two vacant Carrboro slots, and explained why these are vacant: Carrboro opted out of the established appeal process, and maintains its own animal control hearing board. The Board discussed about filling these positions tonight, but realized that they had not yet been vacant for six months, and directed the Chair to write a letter to the Mayors of Hillsborough and Carrboro reiterating that if these positions are not filled, then the Board of County Commissioners will fill them. John Roberts said the Board can appoint others to a position that is open for six months. 4. Proclamations/ Resolutions/ Special Presentations a. "The Nature of Orange" Photography Contest 2017 The Board recognized the winners, and thanked all participants of"The Nature of Orange" 2017 Photography Contest. 6 Lynn Hecht, Special Projects Coordinator, presented this item, including the winning and honorable mention photographs: • 6th annual photography contest • Photographers help document the beauty and diversity of our natural resources or show residents enjoying our parks and environment. All photos taken in Orange County. • 104 entries (57 Youth and 47 Adults) • Volunteer judges evaluated photos based on: — relevancy — composition/arrangement — focus/sharpness — lighting and creativity The Board recognized and congratulated the 2017 photography contest winners, and thanked the judges and all those who participated in this community event. Commissioner Burroughs assisted with handing out the certificates to the photographers in attendance: Richie Sheppard; Lucinda Smylie; Keith Newell; Barbara Driscoll; Sarah Joy Brandt; and Kadin Brown. David Schaub was one of the judges. b. Family Success Alliance (FSA) — Impact Report and Update The Board received an update on accomplishments and evaluation findings of the Family Success Alliance's first three years, and preview major endeavors anticipated in fiscal year 2017-18 and projections for future fiscal years. Coby Austin, Director of Programs and Policy, made the presentation: BACKGROUND: The Orange County Board of Commissioners has made a commitment to fighting childhood poverty through supporting the Family Success Alliance (FSA), which launched in 2014. FSA is a "collective impact" initiative modeled on Harlem Children's Zone and other place-based cradle-to-college/career programs throughout the country. This model entails making a long- term commitment to the community that grows over time as more children are embraced by the pipeline of services and supports provided. Staff will present an overview of FSA's major accomplishments over the past three years, as findings from initial evaluation efforts. Staff will also project the anticipated scope of services/programs in the coming years and an overview of potential external funding opportunities. Family Success Alliance Impact Report and Update Coby Austin & Claudia Yerena • BOCC Meeting • 9/5/17 Tonight's Presentation: • What have we accomplished? • What are we up to now? • Where are we headed? 7 Strengthening Academics: "When I started teaching the new Kindergarten class in August, my life was great. I had seven kids who started as leaders. It usually takes 3-4 weeks to build that. And I had one who really shined; if he had not been in the FSA summer program it would have been very different. We had an existing relationship, so I knew his trigger points and how to help him excel." Zone Navigators Keeping the community voice at the center of our work • Connection between families and resources • Peer Coaches • Help families engage in, and advocate for, educational success Expanding the Zone Navigator Program • Black, Latino and Refugee • Hired the parent of a cohort 1 family (zone 4) • Mobile Home Work Group support • FY 17-18 Pilot enrollment of children birth to 5 and their families; possible early childhood expansion in FY 18-19 FY 17-18 Upcoming Activities Fundraising activities • Business Plan, plus priority list to inform immediate allocation of an unrestricted gifts and near term solicitation/grant-writing • Network mapping — All funded nonprofit partners: Look among their own contacts for prospects — FSA facilitates prospect mapping with other key partners (e.g., Advisory Council, BOCC Leads FY 17-18 Revenue FY 17-18 Projected Expenses Funding Leads Secured • United Way • Communities in Schools • Binkley Baptist Church • Watson Family Foundation • NCPHA Mini-Grant • Local resident donations Prospects • GSK Impact Award • Kenan Trust • RWJF Culture of Health Award • Local Banks • Local foundations and private donors FY 17-18 Upcoming Activities Strategic Planning in spring 2018 8 • Deep community engagement • Zone expansion? Decision-making process • Organizational structure (e.g. nonprofit) Chair Dorosin had to leave the meeting for the evening. A motion was made Commissioner McKee, seconded by Commissioner Price for Commissioner Rich to Chair the remainder of the meeting. VOTE: UNANIMOUS Commissioner Price referred to the strategic plan, and the addition of zones, and asked if it would be possible to expand the key services of this program to include the entire county. She asked if staff would gather information about this idea. Coby Austin said others have asked that same question, such as the CHCCS, who is considering replicating the kindergarten readiness camp with other schools. She said during the strategic planning process, FSA will figure out what the decision making process should be, if and when expansion occurs. She said the main constraint at this point is resources, but there is desire for expansion. c. Proposed Resolution In Support of a Local, State, and National Goal of 100% Clean Energy By 2050 and the Creation of Green Jobs The Board considered adoption of a resolution to create a goal to transition to a 100% renewable energy based economy by 2050. Brennan Bouma, Sustainability Coordinator, made this presentation. BACKGROUND: In April 2017, on behalf of the North Carolina Climate Solutions Coalition (NCCSC), a group of Orange County residents contacted Commissioner Renee Price to request that the Orange County Board of Commissioners consider the adoption of a resolution stating a commitment to transition to a 100% renewable energy based economy by 2050. According to the NCCSC website, similar resolutions have been adopted in 10 other local governments across North Carolina. The core scientific framework of this initiative was laid out in a Stanford University and University of California-Berkeley study which concludes that the US energy supply move to 100% renewable energy by the year 2050 using current technologies while creating green jobs and promoting economic development. The draft resolution prepared by the NCCSC was referred to the Department of Environment, Agriculture, Parks and Recreation as well as the Commission for the Environment (CFE) for review. Over the course of two monthly meetings in May and June, the CFE interviewed the residents and reviewed the draft resolution and background. After review and discussion, the CFE amended the original draft resolution to clarify that it applies to Orange County as well as to the state and the nation. The edited resolution was satisfactory to the residents who brought it forward. Based on the potential environmental and economic benefits related to transitioning to renewable energy, the CFE now recommends the adoption of this resolution by the Board of Orange County Commissioners. 9 FINANCIAL IMPACT: Given the steeply declining price of utility-scale renewable energy production nationwide, and the idea that most if not all current fossil fuel-based power plants will need to be replaced before 2050, it is reasonable to expect market forces to drive a transition to renewable energy. The CFE therefore expects that there will be no financial impact to Orange County associated with consideration of this resolution. Brennan Bouma said this resolution proposes for the County and State to move to a 100% clean energy by 2050. He said it was brought to the County by residents in the spring, went to the Commission for the Environment, and now to the Board of County Commissioners. He said the original item was drafted by the North Carolina Climate Solutions Association and edited by the Commission for the Environment to include Orange County. PUBLIC COMMENT: Kathy Kaufman said she lives in Carrboro and also worked at the EPA, and she wanted to support this wholeheartedly, but noted that this is only a first step in this process. She said this community contains a great deal of knowledge and expertise about energy efficiency. She said change always starts from the bottom up, and the actions of local communities are extremely important. She said current weather patterns and hurricanes are a prime example of the effects of climate change. Kim Piracci said she wanted to add to Ms. Kaufman's comments, noting all of the fires currently burning in the west. She said climate change is here. She said the move to clean technology is going to happen, because clean technology is going to be cheaper than fossil fuels. She reviewed the different cities that have already adopted this resolution. She encouraged the BOCC to adopt this resolution. Bill Ward said this issue is urgent. He said they need to focus on 2030, instead of 2050. He said utilities are regulated by the State, and not by the County, and the State is more supportive of the utilities than communities. He encouraged the County to continue to pursue renewable energy for County properties, even if the cost is a bit more at this time. He asked the County to be a leader. Bill Black said everything he wanted to say has already been addressed, but he said this is an important issue for all Orange County residents. Commissioner McKee said he will support this resolution, and it is something to work toward. He said transitioning from a fossil fuel-based economy to a 100% clean renewable energy for all energy sectors-based economy by January 1, 2050 would impact a large number of jobs. He asked if the intent is to eliminate all fossil fuel use. Brennan Bouma said it is his understanding that the goal is not to eliminate all uses of fossil fuels, but rather all uses of fossil fuels tied to energy generation. Chair McKee said the resolution says "all uses," and he wants to know how to address the needs of the millions of people who will lose their jobs as a result. Kim Pirracci said there are many more jobs in clean energy than fossil fuel jobs, and she said individuals may not be able to transition, but there are resources available to retrain fossil fuel workers. Bill Ward said North Carolina State University is putting forth great effort to train people, and offer courses in this new technology. Kim Pirracci said the goal is for the County to be completely off of fossil fuels by 2050, including vehicles. She said she would like to speak about the Jacobson plan, which has five parts to it. She said every place in the world should be able to be free of fossil fuels by 2050, 10 and this plan is outlined for every state and 139 countries. She said North Carolina has access to wind and solar power. Commissioner Marcoplos said his son and nephew went to Appalachian State University because it is a national leader in training and education about alternative energies. He said there are local solar companies that are hiring these graduates, and the market will only increase. Kathy Kaufman said coal is on the decline and will not return, due to cost and impact on the environment. She said natural gas employment is the bigger issue. She said the number of jobs in this arena is dwarfed by jobs in energy efficiency, solar, and other alternative energies. Commissioner Price thanked the public speakers, David Stancil, DEAPR Director and Commission for the Environment for taking the time to craft this resolution, and this is just the beginning of this conversation. Commissioner McKee said he is not questioning the benefit of this resolution and movement, but his main concern is that millions of jobs will go away before the transition into clean energy is complete. Commissioner Marcoplos said County staff is focused on opportunities for clean energy, and are on the right track. He said the BOCC supported the light rail, which will mitigate climate change, as does the rural buffer. Commissioner Marcoplos said it is very important to move towards municipality owned utilities, and get out from under State private utilities. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF A LOCAL, STATE, AND NATIONAL GOAL OF 100% CLEAN ENERGY BY 2050 AND THE CREATION OF GREEN JOBS Whereas, climate change has increased the global average surface temperature by 1.00 degrees Celsius (1.8 degrees Fahrenheit) since 1880; and Whereas, climate change is expected to increasingly impact North Carolina's temperatures, precipitation and sea level with harmful consequences in coming years; and Whereas, climate change and global average temperature increases are primarily due to human-caused fossil fuels emissions, including coal, oil and natural gas, according to the United Nations Intergovernmental Panel on Climate Change, National Academy of Sciences, American Meteorological Society, United States Environmental Protection Agency, United States Department of Defense, and numerous other leading scientific, academic and governmental authorities both in the United States and internationally; and Whereas, a final agreement of the United Nations Conference of Parties (COP21), which included the United States and a total of 195 nations, was reached in Paris, France on December 12, 2015, that states the aim is to "holding the increase in the global average temperature to well below 2 degrees Celsius above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5 degrees Celsius above preindustrial levels" and entered into force on November 4, 2016; and Whereas, scientists have concluded the concentration of carbon dioxide, the leading greenhouse gas, in the Earth's atmosphere is currently and consistently over 400 parts per 11 million (ppm) and will likely stay above this level for the indefinite future for the first time in millions of years; and Whereas, sixteen of the seventeen hottest years on record have occurred in the twenty-first century and 2016 is the hottest year on record; and Whereas, an increase in the global average temperature is having and will continue to increasingly have major adverse impacts, if not stopped by eliminating the use of fossil fuels, on both the natural and human-made environments due to longer, more intense heat waves, prolonged droughts, spread of infectious diseases, rising sea levels, ocean acidification, wildfires, and more intense and frequent extreme weather events; and Whereas, these physical effects are expected to lead to water scarcity, food insecurity, increasing numbers of refugees, increased poverty, and the mass extinction of species; and Whereas, studies completed by the International Monetary Fund (IMF), the Risky Business Project, Duke University, and others point to the severe economic costs of climate change and continuing use of fossil fuel, estimating billions of dollars a year in costs nationally and trillions globally; and Whereas, leading economists, policy experts, and business leaders conclude that transitioning to a clean energy economy available for all would create millions of green jobs nationally, improve health and living standards, and boost economic growth in coming years; and Whereas, low-income communities and communities of color in North Carolina and the United States are inordinately exposed to pollution, that causes serious health problems such as cancer and asthma, from fossil fuels, including the dirtiest coal-fired power plants which produce coal ash, and need to be empowered and have access to educational tools and an awareness of climate issues; and Whereas, a Stanford University and University of California-Berkeley study concludes the United States energy supply could be based entirely on renewable energy by the year 2050 using current technologies and 80% renewable energy by 2030 while creating numerous green jobs; and Whereas, municipalities, organizations, businesses, and academic institutions throughout the world have set a goal to achieve carbon or climate neutrality by 2050 or earlier; and Whereas, over 1,000 mayors have joined the U.S. Conference of Mayors Climate Protection Agreement since 2005 to commit to significantly reduce carbon emissions in their cities to combat climate change; and Whereas, over 600 American colleges and universities have made a commitment to reduce greenhouse gases, including Appalachian State University, Blue Ridge Community College, Carteret Community College, Catawba College, Central Carolina Community College, Davidson College, Duke University, Elizabeth City State University, Fayetteville State University, Guilford College, North Carolina Central University, Queens University of Charlotte, 12 Southeastern Community College, University of North Carolina at Chapel Hill, University of North Carolina at Charlotte, University of North Carolina at Greensboro, University of North Carolina at Pembroke, Wake Technical Community College, and Warren Wilson College; and Whereas, North Carolina installed 1,140 MW of solar electric capacity in 2015, ranking it second nationally; nearly $1.7 billion was invested on solar installations in North Carolina, a 159% increase over the previous year; there are currently more than 200 solar companies at work throughout the value chain in North Carolina, the state companies employing some 6,000 people; North Carolina ranks third in the nation in installed solar capacity, enough to power 260,000 homes; and solar photovoltaic system prices in the U.S. have dropped by 66% since 2010; Whereas, North Carolina has more offshore wind energy potential than any other Atlantic state; and Whereas, the Intergovernmental Panel on Climate Change Fifth Assessment Report recommended a global goal of achieving near zero greenhouse gas emissions or below, which is necessary to stabilize the global average temperature to avoid climate catastrophe; Now, Therefore, Be it resolved that the Orange County Board of Commissioners does hereby approve of the following: SECTION 1. Orange County, the State of North Carolina, and the United States shall transition from a fossil fuel-based economy to a 100% clean renewable energy for all energy sectors-based economy, by January 1, 2050 or sooner to avoid climate catastrophe, to promote job creation and economic growth, and to protect the Earth for current and future generations from climate catastrophe. SECTION 2. This resolution is effective upon adoption. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to adopt the resolution. VOTE: UNANIMOUS 5. Public Hearings a. Community Development Block Grant— Economic Development Public Hearing The Board received comments from the public regarding the Community Development Block Grant— Economic Development (CDBG-ED) #13-E-2606 (Morinaga America Foods, Inc.) and authorize the Chair to sign the required grant closeout documents on behalf of the Board. Ashley Moncado, Planning Department, reviewed the following information: BACKGROUND: In 2013, Orange County received a CDBG-ED award from the State of North Carolina for infrastructure improvements related to the construction of the Morinaga America Foods, Inc. The construction of the infrastructure supporting Morinaga America Foods, Inc.'s facility is complete. The project provided critical infrastructure improvements that allowed Morinaga America Foods, Inc. to build and staff a U.S. production facility in Orange County. The improvements consisted of 3,700 linear feet of 12-inch water line and 1,500 linear feet of 8 to 13 10 inch sewer line that was constructed to the site. Orange County was awarded $750,000 from CDBG for construction, and the County provided the match of$250,000 for engineering design work and grant administration related to the project. The construction project came in under budget at $716,903.08, which equals the total amount of CDBG-ED funds utilized for this project. Actual Orange County funds for this project total $232,995. Morinaga has documented the creation of at least 91 jobs during the first three years of operation, of which 72% are low and moderate income individuals, which exceeds the program goal of at least 60%. Morinaga America Foods, Inc. is a Living Wage Certified Employer. As a result of Morinaga America Foods, Inc. meeting the required hiring goal of at least 90 hires, the County has begun the grant closeout process. This process requires a public hearing to receive comments from the public regarding the Community Development Block Grant— Economic Development#13-E-2606 (Morinaga America Foods, Inc.). A motion was made by Commissioner Price, seconded by Commissioner McKee to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENT: NONE A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to close the public hearing. A motion was made by Commissioner McKee, seconded by Commissioner Price to authorize the Chair to sign the required closeout documents on behalf of the Board. VOTE: UNANIMOUS 6. Regular Agenda a. Proclamation of September 2017 as Preparedness Month (Item 8-h MOVED FROM CONSENT AGENDA) The Board considered approving a proclamation recognizing September 2017 as "Preparedness Month" in Orange County and authorizing the Chair to sign. Kirby Saunders, Emergency Management Coordinator, presented this item: ORANGE COUNTY BOARD OF COMMISSIONERS PREPAREDNESS MONTH 2017 PROCLAMATION WHEREAS, the Federal Emergency Management Agency has designated September as National Preparedness Month across the United States; and WHEREAS, National Preparedness Month is an opportunity to raise awareness on the importance of emergency preparedness and to encourage all Americans to better prepare their homes and communities for all hazards, and 14 WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Citizen Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and WHEREAS, emergency preparedness is the responsibility of every Orange County resident, and all residents are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type; and WHEREAS, all residents of Orange County are encouraged to participate in citizen preparedness activities and asked to visit the websites of the Ready campaign at Ready.gov or Listo.gov (in Spanish) and become more prepared; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim September, 2017, as "Preparedness Month" in Orange County, and encourage all residents and businesses to develop their own emergency preparedness plan, and work together toward creating a more prepared community. This, the 5th Day of September, 2017. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to approve the resolution and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS Kirby Saunders provided the Board an update on Hurricanes Harvey and Irma. b. Update on FY 2016-17 County Expenditures to the Chapel Hill-Carrboro Chamber and the Hillsborough/Orange County Chamber; and Recommend a County Chamber of Commerce Membership Dues Policy The Board received an update on FY 2016-17 County departments' expenditures to the Chapel Hill-Carrboro Chamber of Commerce and the Hillsborough/Orange County Chamber of Commerce and recommend a County policy regarding Chamber of Commerce membership dues. Gary Donaldson, Chief Financial Officer, reviewed the background information, and PowerPoint presentation below: BACKGROUND: At the June 20, 2017 BOCC budget deliberation, the Board directed staff to prepare a report listing all Chamber of Commerce expenditures and to recommend a Countywide policy for Chamber of Commerce memberships. Attachment 1 lists all expenditures for FY 2016-17 to both Chambers. The expenditure types are categorized by 1) Memberships 2) Inter-City Travel 3) Sponsorships and 4) Events/Meetings. The Inter-City travel to a sister city occurs every two years. Those expenditures were coded to the Partnership for a Sustainable Community, which is the Chapel Hill-Carrboro Chamber's charitable non-profit partner. 15 The Board directed the following: 1) Identify and suspend all Chamber of Commerce payments except for one basic membership to each organization pending Board review of expenditures; 2) Establish one County membership each for the Chapel Hill-Carrboro Chamber of Commerce and the Hillsborough/Orange County Chamber of Commerce with the named member listed as Orange County, NC Government; 3) Administer Chamber of Commerce memberships through the County Manager's Office; 4) Develop a County policy for Chamber of Commerce memberships. Follow-up Discussion on Chamber of Commerce Dues September 5, 2017 Background At the June 20, 2017 BOCC meeting, the Board directed the following: 1) Identify and suspend all Chamber of Commerce payments except for one basic membership to each organization pending Board review of expenditures; 2) Establish one County membership each for the Chapel Hill-Carrboro Chamber of Commerce and the Hillsborough/Orange County Chamber of Commerce with the named member listed as Orange County, NC Government; 3) Administer Chamber of Commerce memberships through the County Manager's Office; 4) Develop a County policy for Chamber of Commerce memberships. Membership Levels (chart) Manager Recommendations 1) Establish one County membership each for Chapel Hill-Carrboro Chamber of Commerce and Hillsborough Chamber of Commerce with the named member listed as Orange County, NC Government. 2) Administer both Chamber of Commerce Memberships through the County Manager's Office. No other County department shall maintain an individual Chamber membership. 3) Consistent with Board direction at its June 20, 2017 meeting, the Chapel Hill-Carrboro Chamber membership shall be renewed at $8,500, and the Hillsborough Chamber membership shall be renewed at $1,000 for FY2017-18. Membership levels will be reviewed annually as part of the budget process. 4) Fifty percent (50%) of the membership costs will be paid from the General Fund and the remaining fifty percent (50%)will be paid through the Visitors Bureau Fund. 5) Individual County departments may purchase tickets, sponsor individual Chamber events, or participate in Chamber organized training and travel opportunities using budgeted department funds. 6) The Department of Finance and Administrative Services will create a consistent basis for recording all Chamber of Commerce expenditures so that costs may be easily tracked and reported. Questions 16 Commissioner Rich said it is important to balance out what is paid to each chamber; only $1,000 for Hillsborough Orange County chamber and $8,900 for Chapel Hill — Carrboro Chamber. Commissioner Rich suggested paying $3,900 to the Chapel Hill Chamber, $3,000 to the Hillsborough/Orange County Chamber, and leave the remaining $2,600 in the fund for the Manager to use as needed for tickets. A motion was made by Commissioner Burroughs, seconded by Commissioner Price for the Board to: 1) Establish one County membership each for Chapel Hill-Carrboro Chamber of Commerce and Hillsborough/Orange County Chamber of Commerce with the named member listed as Orange County, NC Government. 2) Administer both Chamber of Commerce Memberships through the County Manager's Office. No other County department shall maintain an individual Chamber membership. 3) Consistent with Board direction at its June 20, 2017 meeting, the Chapel Hill-Carrboro Chamber membership shall be renewed at $8,500, and the Hillsborough /Orange County membership shall be renewed at $3,000 for FY2017-18. Membership levels will be reviewed annually as part of the budget process. 4) Fifty percent (50%) of the membership costs will be paid from the General Fund and the remaining fifty percent (50%) will be paid through the Visitors Bureau Fund. 5) Individual County departments may purchase tickets, sponsor individual Chamber events, or participate in Chamber organized training and travel opportunities using budgeted department funds. 6) The Department of Finance and Administrative Services will create a consistent basis for recording all Chamber of Commerce expenditures so that costs may be easily tracked and reported. Commissioner Rich said she wanted to offer her above suggestion as an amendment to the motion, seconded by Commissioner Jacobs. Commissioner McKee said he could not vote for the amendment to the motion, and suggested raising Hillsborough's dues up to $3,000 while leaving Chapel Hill's dues at $8,500. He said the Chapel Hill Chamber has been a good partner. Commissioner Price agreed with Commissioner McKee. Commissioner Burroughs said she would amend her motion in order to increase Hillsborough's dues to $3,000, and Commissioner Price seconded. John Roberts said the original motion can be amended via a friendly amendment at any time, up until the vote; and there should be a vote on the second motion first. Commissioner Jacobs said Commissioner McKee made a good point to increase Hillsborough's amount and keep Chapel Hill at $8,500. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs' to give $3,900 to the Chapel Hill Chamber and $3,000 the Hillsborough/Orange County Chamber. VOTE: Ayes, 1 (Commissioner Rich); Nays, 5 (Commissioner McKee, Commissioner Burroughs, Commissioner Price, Commissioner Marcoplos, Commissioner Jacobs) Motion failed. 17 Commissioner McKee made a friendly amendment to the first motion to raise Hillsborough's dues to $3,000, and keep the Chapel Hill Chamber at $8,500. Commissioners Burroughs and Price accepted the friendly amendment. VOTE: Ayes, 5 (Commissioner McKee, Commissioner Burroughs, Commissioner Price, Commissioner Marcoplos, Commissioner Jacobs); Nays, 1 (Commissioner Rich) c. County Property Designated for Sale as Affordable Housing The Board considered designating the houses located at 1119 and 1203 Highway 70- A, Hillsborough, North Carolina for use as affordable housing and conveyance of these properties to non-profit agencies. Jeff Thompson, Asset Management Services Director, reviewed information from abstract, as well as aerial photographs of the properties in question: BACKGROUND: On October 15, 2013 the BOCC approved the purchase of two properties adjacent to the Sportsplex to provide parking and for future expansion of the Orange County Sportsplex. The properties, located at 1119 and 1203 Highway 70-A, each has an estimated 1,500 square foot residential dwelling located on it (note Attachment 1, "Site Illustrative"). The County is preparing to begin the construction of the Orange County Sportsplex Field House expansion. The houses on the property, with some rehabilitation, are both suitable for affordable housing. Costs of moving and rehabilitation of these structures are less than new construction of similar structures. Additionally, the embodied energy from the structures' original construction is not wasted; re- purposing these structures when possible is considered more sustainable and environmentally responsible. Staff proposes that the County convey the houses to one or more non-profits agencies whose mission it is to provide affordable houses for low or moderate income families for the nominal price of$1.00. In turn, these non-profits would rehabilitate these houses and use them for affordable housing either through a sale or lease to persons who are low income. Attached is a Resolution which authorizes the County Manager to sell the properties by negotiated sale to either a public or private entity for the purpose of developing affordable housing for persons of low to moderate income. FINANCIAL IMPACT: The Sportsplex Field House capital project can support the move of the 1203 structure house in lieu of deconstruction. This house is contemplated to be moved by AMS to a lot owned by Empowerment, Inc. (505 Terrell Street in Hillsborough) and conveyed to 1 Empowerment, Inc. who was awarded HOME funds that will be used to renovate the structure. County rehabilitation funds will be used to move and rehabilitate the 1119 structure. Sherrill Hampton said these houses will be funded with existing rehab funds. She said these properties meet goals outlined by the BOCC. Commissioner Price asked if it is known to where the other house will be moved. Jeff Thompson said the other house is an attractive candidate, and structurally, is a stick built house. He said it is on a pure foundation and can be moved locally. He said locations and timing are being researched currently, and it needs to be moved within six weeks. 18 Commissioner Price asked if the Board will receive further updates prior to the house being moved. Jeff Thompson said the action this evening would allow conveyance of the property, but there would be an update provided to the BOCC at a later date. Commissioner Price asked if the Board can put restrictions, or attach covenants to the houses, to insure that they remain affordable. Sherrill Hampton said she is not sure about the legal process, but based on the funding source restrictions can be put in place, and the County plans to do so. Delores Bailey, Empowerment Executive Director, said that is what her organization does. Commissioner Jacobs thanked staff, and said the County has done this type of transaction before. Commissioner Marcoplos asked if any thought has been given to buying and moving houses that do not initially belong to the County to County-owned land. Sherrill Hampton said this idea can be looked into. Commissioner Rich said a video should be made when the house is moved. Commissioner Jacobs supported Commissioner Marcoplos' idea, and he said there are people tearing down houses in order to build bigger ones who may be willing to gift the home to the County rather than go through the process of tearing it down. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE COUNTY MANAGER TO DISPOSE OF COUNTY-OWNED PROPERTY BY PRIVATE SALE OR OTHER MEANS FOR TO PROVIDE AFFORDABLE HOUSING TO PERSONS OF LOW OR MODERATE INCOME WHEREAS, the Orange County Board of Commissioners ("Board") is committed to developing safe, convenient, accessible and efficient affordable housing for low and moderate income households; and WHEREAS, North Carolina General Statute § 153A-378 provides in part that the County may convey property owned by Orange County by private sale to any public or private entity that provides affordable housing to persons of low or moderate income under and terms and conditions that the Board may determine; and WHEREAS, Orange County owns properties located at 1119 and 1203 Highway 70-A in Hillsborough, North Carolina which contain houses; and WHEREAS, Orange County does not have use for the houses located on those properties which are suitable for affordable housing for persons of low to moderate income; and Whereas, Orange County wishes to convey the houses on these properties to non- profit agencies that have as their mission providing affordable housing to low or moderate income persons. 19 NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the following procedures and standards for affordable housing are hereby adopted and shall be followed: 1. That the County Manager is hereby authorized, subject to legal review and approval by the County Attorney, to execute the necessary documents to convey the houses on the above described property either by negotiated sale or lease to a private of public entity for the development of affordable housing for persons with low to moderate income for the price of one dollar ($1.00). 2. That property conveyed for affordable housing be used as affordable housing within one year under procedures, standards and conditions established by the County, including the condition that the property be sold or leased to persons of low or moderate income. 3. That as part of any such conveyance provided in paragraph 2 above, covenants or conditions be attached to the property to assure the property will be developed by the entity for sale or lease to persons of low or moderate income. Adopted this the 5th day of September 2017. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee for the Board to approve the Resolution designating the houses located at 1119 and 1203 Highway 70-A, Hillsborough, North Carolina for use as affordable housing and conveyance of these properties to non-profit agencies. VOTE: UNANIMOUS d. Chapel Hill Extraterritorial Jurisdiction (ETJ) Expansion The Board considered approving sending the Town of Chapel Hill a letter in support of the Town's proposal to move forward to a public hearing regarding extension of its ETJ over 184.9 acres of land in the northern portion of the town. Perdita Holtz, Planning Department, reviewed the following information, and made a PowerPoint presentation, which included photographs only: BACKGROUND: Possible amendments to the Joint Planning Area were introduced to the Board of County Commissioners (BOCC) at a February 13, 2017 work session. Since February, Town of Chapel Hill staff introduced the possible amendments to the Town Council and the Mayor of Chapel Hill sent a letter to the County in July (see Attachment 1). The Town is interested in holding a public hearing on the proposed ETJ expansions (see map in Attachment 3). BOCC members may recall that the February work session introduction included an area encompassing 207.8 acres in the "southern triangle" of Orange County. There is interest on the part of the Town, per Town Council discussion, to jointly study this area to determine which portions may warrant changing the designation from Transition Area 20 to Rural Buffer. However, because amending the "southern triangle" area would require a different process than extending the ETJ, it is not under consideration as part of the ETJ expansion request. Specifically, a change would have to be heard at a joint public hearing of Orange County and the Towns of Chapel Hill and Carrboro and must be approved by all three local governments. The action requested tonight is for the BOCC to approve sending the letter in Attachment 2 to the Town of Chapel Hill. This letter supports the Town moving forward to a public hearing on the ETJ expansions. Subsequent to the public hearing, if the Town is still interested in pursuing the ETJ expansion, the BOCC will be asked to adopt a formal resolution of support. As the letter in Attachment 2 acknowledges, amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) would be necessary in order to serve the parcels in the Millhouse Road area with public water and sewer; this includes the 1 Millhouse Road Park parcel owned by Orange County. The 66 acres in the vicinity of Sunrise Road are already designated as "primary service area" on the WASMPBA map. PUBLIC COMMENT: Mayor Pam Hemminger said her council is not interested in undoing the rural buffer, but are interested in changing the Sunrise Road parcel from Transition to ETJ, so that if a Habitat project came through it would not be submitted to two review processes. She said the Town would like to see Millhouse Road parcel become a park. She said this was the intent of this property upon its purchase, and playing fields were considered. She said to host a sports tournament on such a property requires bathrooms connected to water and sewer. She said it is her understanding from staff, that in order to achieve this, the designation must be changed from rural buffer to ETJ. She said she would prefer staffs to work together and achieve this goal under the "essential public services" definition to allow bathrooms in public park facilities. She said the Town has no interest in damaging or changing the rural buffer. She said there are five entities that need to agree in order to move forward, and there are public-private partnership opportunities for funding. Mayor Hemminger said the Town has had no discussions about the parcel on the southern end of the County. Commissioner McKee asked if there is a reason the letter in the packet cannot be sent anyway, or will it lock the Board in to something. John Roberts said he does not interpret the letter as an approval to expand the ETJ, and if the Board votes on the letter this evening, that will start the public hearing process, allowing Chapel Hill to gather more information. Commissioner Burroughs said the letter shows support for the Town in setting a public hearing for the extension. Mayor Hemminger said it was not the Town's intention to hold a public hearing on changing the terminology from rural buffer to ETJ. She said it would be nice for the BOCC to write a letter expressing support of County and Town staff working together on the issue, and to take this letter to the AOG. Commissioner Rich said the letter needs to be re-written to focus on a path forward for these properties. Mayor Hemminger said sending the letter as it stands would give the community reason to believe that the Town intends to hold a public hearing about whether or not to keep the rural buffer, which is not the Town's intent. 21 Commissioner Jacobs said to re-write the letter and re-submit it to the Board prior to sending it to the Town of Chapel Hill. Commissioner Jacobs asked Perdita Holtz if she could clarify the effect of going from rural buffer to ETJ, as pertains to the control of the property. Perdita Holtz said it would change the property from County jurisdiction to Town jurisdiction, and the Town would extend zoning districts over the property via a public hearing. Commissioner Jacobs suggested doing this very cautiously, as there is no plan in place for a park or the land in general. He said discussing the extension of water and sewer, as well as possibilities for the land is a starting point. He said the County can approve its own park, while the Town has different standards. He said he is not comfortable having a process in which the Board indicates its willingness to move a County parcel into someone else's jurisdiction, until the intended use for the parcel is very clear. Mayor Hemminger said Commissioner Jacobs' words capture the spirit of the topic, but she would like to know if staff can work on a definition of"essential public services". She said the Town wants to work with the County. Commissioner Marcoplos said he generally agreed with Commissioner Jacobs, and he finds the Sunrise Road site to be simple. He said he would like to see more data on the water and sewer issue. He said the Millhouse Road area is a prime location for a transfer station, but he sees the possibility for this narrowing, and he would like to discuss this further. Commissioner Jacobs said he is amenable to this discussion, but he heard this area is only big enough for Chapel Hill. He said now is a more amenable time to discuss the transfer station issue. He said this was discussed 10 years ago, and the area was still considered part of the Rogers Road community. He said the topic has been mentioned in several BOCC meetings, and he is shocked that no one has come forward to speak about the issue. Commissioner Marcoplos said he has done some research on this issue of the transfer station and the Rogers Road area, and he is certain that it would not impact that community in any way, and would be happy to speak to residents. Commissioner Jacobs said one other area that needs to be investigated, as pertains to water and sewer, is if the definition of where it can be extended, within the joint planning area, is changed, whether the County can restrict other entities from tapping on to the water and sewer. He said in the past, such restrictions have not been allowed. He asked if the Attorney would follow up on this topic. Mayor Hemminger said the sewer line comes up to the back edge of the property, and she agreed that this must be made very clear as unintended consequences are hard to take back. Commissioner Price said the people of the community have heard about the possibility of the transfer station discussion coming back, and they are not happy. Commissioner Rich said this item needs to go back to County and Town staff, for further discussion about restricted tap-ons, and future plans for the parcel. She said there may be a desire to vote on the Sunrise Road property, and asked if the two parcels could be separated, and if the BOCC could vote on the Sunrise Road property. John Roberts said yes the two could be separated, and voted on individually. Commissioner Burroughs asked if a vote on the Sunrise Road parcel is needed by the Town at this time. Mayor Hemminger said separating the items is a good idea, but she thinks a public hearing should be held prior to a vote, to allow the public the opportunity to speak. Perdita Holtz said the County would not need a formal public hearing, but the Town would; and then the item comes back to the County for a formal resolution of support, which is always an agenda item. 22 Commissioner Jacobs said there are some other parcels that the Town said were potentially within its jurisdiction, or transition area. Mayor Hemminger said the Town is only interested in moving forward on the Sunrise Road parcel at this time. She would like staff to have further discussions on the other parcels. A motion was made by Commissioner Price, seconded by Commissioner Jacobs for the Board to separate the two items —and to acknowledge that the County is supportive of the Town moving forward on setting a public hearing for extension of the Town's Extraterritorial Jurisdictional Boundary (ETJ) over sixty-six (66) acres in the vicinity of Sunrise Road. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Jacobs to acknowledge that the County also supports additional staff analysis on how to best serve the County owned park property on Millhouse Road with appropriate water and sewer options. These options include but are not limited to: • Determining if the future park bathrooms and other facilities can be adequately served using methods other than public water and sewer, thereby negating the need for land use and zoning changes, and • Exploring other options that would allow for an extension of public water and sewer to serve the park property without necessitating land use and zoning changes. Further discussion of these options could occur at either a joint County/Town meeting or at an Assembly of Governments meeting after staffs have had the opportunity to study and analyze options. VOTE: UNANIMOUS Commissioner Jacobs suggested that David Stancil and DEAPR need to move up their planning on the Millhouse Road property. Bonnie Hammersley said DEAPR does not have a plan, except to work with the Town of Chapel Hill to create a master plan for this area. 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Rich removed Items o and r Commissioner Jacobs removed Items I and m (which he meant to remove N) • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to approve the remaining items on the consent agenda. 23 VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda I. Unified Development Ordinance (UDO) Amendment Outline and Schedule —Jordan Lake Nutrient Rules The Board considered approving process components and schedule for government initiated amendments to the UDO to remove the Jordan Lake Nutrient Rules and references related to Jordan Lake stormwater quality, in accordance with current State laws. Commissioner Jacobs said this was written with much sanitized language, and he said it should be made clear that this was forced on the County, and it is inconsistent with its values. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to approve the process components and schedule for government initiated amendments to the UDO to remove the Jordan Lake Nutrient Rules and references related to Jordan Lake stormwater quality, in accordance with current State laws. VOTE: UNANIMOUS m. Unified Development Ordinance (UDO) and Zoning Atlas Amendment Outline — Flood Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay District The Board approved process components and schedule for an upcoming government-initiated Unified Development Ordinance (UDO) and Zoning Atlas amendments updating existing flood damage prevention regulations and eliminating the Special Flood Hazard Area (SFHA) Overlay District. A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to approve Item m. VOTE: UNANIMOUS Commissioner Jacobs said he made a mistake by removing Item m, and was actually Item n that he wanted to remove, but Item n has now already been approved. He shared his comments on Item n: n. Amendment Outline Form and Schedule — Expansion of Hillsborough Area Economic Development District The Board considered initiating amendments to the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, the Orange County Comprehensive Plan Future Land Use Map, and the Orange County Zoning Atlas. These amendments would define the allowable land uses in the recently expanded portion of the Hillsborough Economic Development District, south of Interstate 40 in the vicinity of Old Highway 86. These items are planned for Board consideration at the November 2017 BOCC Quarterly Public Hearing. Commissioner Jacobs said there was a public conversation about this, and putting it in the consent agenda now slips it past the public. He said the land use planning should be clear and in the open, as the BOCC has no intention of pulling anything over on the public. 24 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to initiate amendments to the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, the Orange County Comprehensive Plan Future Land Use Map, and the Orange County Zoning Atlas. These amendments would define the allowable land uses in the recently expanded portion of the Hillsborough Economic Development District, south of Interstate 40 in the vicinity of Old Highway 86. These items are planned for Board consideration at the November 2017 BOCC Quarterly Public Hearing. VOTE: UNANIMOUS o. Expansion of the Hours During Which Alcohol May be Sold on Sundays The Board considered approving a resolution authorizing the sale of alcohol beginning at 10:00 a.m. on Sundays. Commissioner Rich said she wanted to acknowledge this item, noting the County's approval of restaurants and package stores, while Chapel Hill only approved restaurants. A motion was made by Commissioner Rich, seconded by to Commissioner Price to approve a resolution authorizing the sale of alcohol beginning at 10:00 a.m. on Sundays. VOTE: UNANIMOUS r. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau The Board considered approving the 2017-18 performance agreement between the Town of Chapel Hill and the Chapel Hill/Orange County Visitors Bureau. Commissioner Rich said she wanted to thank Chapel Hill for these performance agreements, and the County does not have these with Carrboro and Hillsborough. Laurie Paolicelli, Visitor's Bureau Director, said Carrboro and Hillsborough would have a more amplified voice at the table if they were to contribute, and the Manager has communicated this to both of the Towns. Bonnie Hammersley said the Town of Hillsborough referred the County to the Tourism Development Authority, and a meeting has yet to occur. She said the Town of Carrboro has not responded on the issue. A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to approve the 2017-18 performance agreement between the Town of Chapel Hill and the Chapel Hill/Orange County Visitors Bureau VOTE: UNANIMOUS a. Minutes The Board approved the minutes from June 6, 8, 13, 15, 20 and August 23, 2017 as submitted by the Clerk to the Board. 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 nine taxpayers with a total of ten bills that will result in a reduction of revenue in accordance with NCGS. 25 c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for nine taxpayers with a total of thirteen bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved fourteen (14) untimely applications for exemption/exclusion from ad valorem taxation for fifteen (15) bills for the 2017 tax year. e. Tax Collector's Annual Settlement for Fiscal Year 2016-17 The Board received the tax collector's annual settlement on current and delinquent taxes, and approved by resolution the accounting thereof, and upon acceptance of the reports, issue the Order to Collect for Fiscal Year 2017-2018. f. Refund of Overpayment of Excise Tax The Board approved a refund of overpayment of excise tax totaling $290. g. Appointments to the Orange County Justice Advisory Council The Board approved appointments to the Orange County Justice Advisory Council. h. Proclamation of September 2017 as Preparedness Month The Board approved a proclamation recognizing September 2017 as "Preparedness Month" in Orange County and authorized the Chair to sign. i. Fiscal Year 2017-18 Budget Amendment#1 The Board approved budget and grant project ordinance amendments for fiscal year 2017-18 to the Health Department; County Manager's Office; DEAPR; Department on Aging; Criminal Justice Resource Department; and the Department of Social Services. j. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro City Schools (CHCCS) and Contingent Approval of Budget Amendment#1-A Related to CHCCS Capital Project Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2017-18 debt service payments for Chapel Hill — Carrboro City Schools (CHCCS), and to approve Budget Amendment#1-A (amended School Capital Project Ordinances), contingent on the NCDPI's approval of the application and authorized the Chair to sign. k. Ratification of Manager-Approved Agreements The Board ratified two Family Success Alliance outside agency performance agreements approved by the County Manager over the summer break. I. Unified Development Ordinance (UDO) Amendment Outline and Schedule —Jordan Lake Nutrient Rules The Board approved process components and schedule for government initiated amendments to the UDO to remove the Jordan Lake Nutrient Rules and references related to Jordan Lake stormwater quality, in accordance with current State laws. m. Unified Development Ordinance (UDO) and Zoning Atlas Amendment Outline — Flood Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay District The Board approved process components and schedule for an upcoming government-initiated Unified Development Ordinance (UDO) and Zoning Atlas amendments updating existing flood damage prevention regulations and eliminating the Special Flood Hazard Area (SFHA) Overlay District. n. Amendment Outline Form and Schedule — Expansion of Hillsborough Area Economic Development District The Board initiated amendments to the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, the Orange County Comprehensive Plan Future Land Use 26 Map, and the Orange County Zoning Atlas. These amendments would define the allowable land uses in the recently expanded portion of the Hillsborough Economic Development District, south of Interstate 40 in the vicinity of Old Highway 86. These items are planned for Board consideration at the November 2017 BOCC Quarterly Public Hearing. o. Expansion of the Hours During Which Alcohol May be Sold on Sundays The Board approved a resolution, which is incorporated by reference, authorizing the sale of alcohol beginning at 10:00 a.m. on Sundays. p. Repeal of the Educational Facilities Impact Fee Ordinance The Board adopted an ordinance and a resolution to repeal the Educational Facilities Impact Fee Ordinance, in accordance with current State laws, and authorize the Chair to sign. q. Health Department Fee Schedule Change The Board approved a request from the Health Department that the Board adopt a Personal Health fee approved by the Board of Health at its August 23, 2017 meeting. r. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau The Board approved the 2017-18 performance agreement between the Town of Chapel Hill and the Chapel Hill/Orange County Visitors Bureau. 9. County Manager's Report Bonnie Hammersley said the BOCC has a work session on September 7th at the Southern Human Services Center. Donna Baker said there will be a closed session at the beginning of that meeting. 10. County Attorney's Report NONE 11. *Appointments a. Done above n. Jury Commission —Appointment The Board considered making an appointment to the Jury Commission. A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to appoint the following to the Jury Commission: • Appointment to an eighth full term (position #1) "At-Large BOCC Appointment" for Bob Hall expiring 06/30/2019. VOTE: UNANIMOUS o. Mebane Planning Board —Appointment The Board considered making an appointment to the Mebane Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to appoint the following to the Mebane Planning Board: • Appointment to a partial term (position #1) "Mebane Extraterritorial Jurisdiction" for Keith Hoover expiring 06/30/2019. 27 VOTE: UNANIMOUS p. Orange Unified Transportation Board —Appointments The Board considered making appointments to the Orange Unified Transportation Board. Deferred —Appointment to a second full term (position #3) "Cedar Grove Township" for Ed Vaughn expiring 09/30/2020. • Commissioner Marcoplos said that Mr. Vaughn has only attended 3 out of the last 10 meetings of this board. Donna Baker said that the support staff has not sent any concerns to her office about his attendance; but she will follow up, and this particular appointment can be brought back to the Board at a later date. The Board agreed by consensus to defer this appointment to a later date. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to appoint Brantley Wells to a second full term (position #6) "Hillsborough Township" expiring 09/30/2020. • VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to appoint to a second full term (position #8) "At-Large" -Art Menius expiring 09/30/2020. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Jacobs to appoint to a first full term (position #9) "At-Large" -- Jenn Sykes expiring 09/30/2020. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Price to appoint to a second full term (position #11) "At-Large" - Heidi Perry expiring 09/30/2020. VOTE: UNANIMOUS 12. Information Items • June 20, 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 • Orange County Process to Submit STIP Projects to MPOs/RPOs • Request for Proposals for an Emergency Storm Debris Site • Memorandum - Update on Mebane Traffic Separation Study (TSS) • BOCC Chair Letter Regarding Petitions from June 20, 2017 Regular Meeting 28 13. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to go into closed session at 10:03 p.m. for the purpose of: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board