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HomeMy WebLinkAboutAgenda - 10-20-2009 - 4aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 2009 Action Agenda Item No. 4-a SUBJECT: MINUTES DEPARTMENT: PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Minutes INFORMATION CONTACT: Donna Baker, 245-2130 PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as listed below: September 15, 2009 BOCC Regular Meeting September 22, 2009 Joint Meeting with School Boards BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. FINANCIAL IMPACT: NONE RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented or as amended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 15, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 15, 2009 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Commissioner Jacobs said that the County is sponsoring a meeting on September 20tH of the Solid Waste Working Group, which will make its final recommendations about a number of things, such as rural collection and pay-as-you-throw. He suggested that the Board discuss tonight deferring the closing of any convenience centers until the Board receives that report. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to add to the discussion the deferral of closing any convenience centers until the Board of County Commissioners receives the report from the Solid Waste Working Group on October 20tH VOTE: UNANIMOUS (Commissioner Hemminger and Commissioner Nelson had still not arrived) Commissioner Jacobs said that he would suggest placing this on the decision agenda, item 6-a. Chair Foushee made reference to the Assembly of Governments and said that the Board should discuss the planning for this meeting. This is scheduled for the 24tH and Mayor Foy has a problem with this date. Commissioner Yuhasz said that he received an email from a Carrboro Alderman that all Thursdays may be a problem. Commissioner Jacobs said that the Library Services Director will not be available on October 29tH and the only issue is to discuss the libraries. He respectfully requested to keep the AOG meeting on September 24tH Commissioner Jacobs said that he has a great amount of respect for Mayor Foy, but when it is three boards plus perhaps Hillsborough, he does not want to move a meeting for one or two elected officials and not have the Library Services Director present. Commissioner Hemminger arrived of 7:08 pm. 2 1 A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to 2 keep the Assembly of Governments meeting as scheduled on September 24th 3 VOTE: UNANIMOUS (Commissioner Nelson absent) 4 5 A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to 6 cancel the JPA meeting on October 29th, since there are no agenda items. 7 Commissioner Jacobs asked the Manager when the Board was going to meet with 8 Alamance County about the Orange/Alamance County line. 9 Frank Clifton said that October 29th could be reserved. 10 Commissioner Gordon withdrew her motion. 11 12 Chair Foushee reviewed items at the County Commissioners' places. There was an 13 email message from Frank Clifton; a PowerPoint presentation related to item 3-d, New County 14 Website; a pink sheet related to item 4-a, Minutes; a yellow sheet related to item 4-n, Adoption 15 of BOCC Goals and Priorities; and a list of grants recipients. 16 17 PUBLIC CHARGE 18 19 The Chair dispensed with the reading of the public charge. 20 21 2. Public Comments 22 a. Matters not on the Printed Agenda 23 Bridget Booher is President of the Friends of Orange County Library and she read a 24 resolution. 25 26 FRIENDS OF ORANGE COUNTY PUBILC LIBRARY 27 RESOLUTION 28 29 WHEREAS, the Orange County Board of Commissioners has long recognized the vital role that 30 libraries play in the life of a community, and 31 32 WHEREAS the BOCC, in the midst of difficult economic challenges, has preserved and 33 enhanced library services by keeping all branch libraries open, approving additional 34 professional library staff positions, and committing to raising the per capita expenditures for 35 county libraries to at or above the state level: 36 37 THEREFORE, BE IT RESOLVED that the Friends of the Orange County Public Library express 38 its sincere gratitude and appreciation for the Board of Commissioners' enduring commitment to 39 supporting library services for all Orange County citizens. 40 41 Earl McKee spoke on the RFP for the Fire and Rescue Study. He said that it is his 42 understanding that the fire and rescue study has been released to bids. The RFP is for the first 43 of three phases and the actual cost of this phase will be determined by the winning bid. The 44 estimates have been around $50,000. He said that he continues to oppose this study for 45 several reasons. First, the proposal is not all-inclusive because it does not include all agencies 46 dealing with fire and rescue, both public and private. He said that any study of emergency 47 service delivery should include all involved at the time of the 911 call until the incident is 48 concluded. He questions the reasons and/or motives of this study because of those that are 49 excluded. Secondly, he does not understand the rationale for doing this in three parts. Several 50 years ago a similar study was conducted and this now sits on a shelf, unused. If the cost of the 1 entire study is too great an expense at this time, then he would suggest that any expenditure is 2 also too large to attempt at this time. A major point in his opposition to the proposal is that this 3 is a time when Orange County finds itself unable to keep a waste collection site in the southern 4 part of the County open, institutes a hiring freeze, and cuts Library Services and other services, 5 and he cannot understand how this expenditure can be justified. He respectfully requested that 6 the funds for this study be redirected to Solid Waste in order to keep the convenience center 7 open and any additional funds be directed to Library Services or other services that directly 8 affect the taxpayers. He asked that the bids be rejected as per Section B of the RFP. 9 10 Commissioner Nelson arrived at 7:16 PM . 11 12 Nancy Burger said that she is seeking some justice. She has lost a dog that was stolen 13 from a residence. She is having a hard time dealing with the Sheriff's Department in retrieving 14 this dog. She said that she has everything necessary to retrieve the dog and she is at her wits 15 end. 16 John Roberts said that he has talked to Ms. Burger in his office and he told her that he 17 would address this with the Sheriff. 18 Nancy Burger said that when she talked with John Roberts, he assured her that he 19 could not do anything since he was representing the Sherriff and that, if everything that she 20 said was true, that she could sue the Sheriff. She said that she has no desire to sue the 21 Sheriff. She just wants her dog back. 22 Chair Foushee asked Ms. Burger to give her information to the Clerk and then John 23 Roberts will call her in a couple of days. 24 25 b. Matters on the Printed Agenda 26 (These matters were considered when the Board addressed that item on the agenda 27 below.) 28 29 3. Proclamations/ Resolutions/ Special Presentations 30 a. Orange County Arts Grant Recipients 31 The Board presented checks to local organizations receiving 2009 Orange County Arts 32 Grants. 33 Martha Shannon with the Orange County Arts Commission thanked the Board of 34 Commissioners for their continued support for the arts in Orange County. The Arts 35 Commission was able to grant 22 applications with this state money. 36 37 Spring, 2009 OCAC Arts Grant Recipients 38 39 40 41 Grant Recipient Attendees 42 ArtsCenter - Jeri Lynn Schulke 43 ArtsCenter Stage - Emily Ranii and Ed Camp 44 Carrboro, Town of/Carrboro Film Festival - Selena Lauterer 45 Carrboro, Town of/Carrboro Music Festival - Gerry Williams 46 Carrboro, Town of/West End Poetry Festival - Kim Andrews 4 Orange Charter School - 1 Deep Dish Theater Company - Devra Thomas 2 Efland-Cheeks/Central/Grady Brown Elementary Schools Coalition Victoria Frisch 3 Ephesus Road Elementary School PTA - NOT AVAILABLE 4 Estes Hills Elementary School PTA - Beverley Tyn dall & Jill Greeson 5 Frank Porter Graham Elementary School PTA - Gretta Hurwitz 6 Grady A. Brown Elementary School - Gwyn Esch 7 Hillsborough Arts Council - Tinka Jordy 8 McDougle Elementary School PTA - Michele Melet 9 Morris Grove Elementary School PTA - Lois Reid 10 Morris Grove Elementary School PTA - Melissa Morrison 11 Music Maker Relief Foundation - Denise Duffy 12 North Carolina Arts in Action - Lisa Van Deman 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PlayMakers Repertory Company - C.W. Stanford Middle School - Jessica Sattler 8~ James Groski b. Recognition of Pink Campaign Sponsors The Board recognized local business partners who were major contributors with donations of money, goods, or services to promote Breast Cancer Awareness through the Emergency Services Pink Campaign. Emergency Services Director Frank Montes de Oca said that October is Breast Cancer Awareness Month and EMS has decided to be more visible. He said that there has been a team that has put together this campaign -Doris Cecil, Kim Butler, Kim Woodward, and Lori Buche. Through the month of October, the field staff and the staff at headquarters will be wearing pink in some form. He said that a lot of businesses in the community donated services, funds, and products to total about $3,000 so that no County funds would be spent. He recognized these businesses: Total Exposures -hats and design work Eurosport -shirts and logos PHE, Inc. - $1,000 donation Carolina Recording Systems - $250 donation Mincy's Graphics -logos on staff vehicles c. Orange County Comprehensive Transportation Plan The Board received a presentation from North Carolina Department of Transportation (NCDOT) Transportation Planning staff, Triangle Area Rural Planning Organization staff and 5 1 Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization staff on the Orange 2 County Comprehensive Transportation Plan and considered approving the timeline for the 3 process and the proposed survey. 4 Karen Lincoln summarized this item. She said that the Comprehensive Transportation 5 Plan is a coordinated effort between Orange County, North Carolina Department of 6 Transportation, DCHC Metropolitan Planning Organization, and the Triangle Area Rural 7 Planning Organization. She recognized the representatives of these agencies: Sara Ezzell and 8 Scott Walson from NCDOT; Andy Henry from the Durham-Chapel Hill-Carrboro Metropolitan 9 Planning Organization; and Paul Black from the Triangle Area Rural Planning Organization. 10 She said that the timeline and survey were developed in coordination with the Orange Unified 11 Transportation Board and Sam Lasris was also in attendance. 12 Sara Ezzell made the PowerPoint presentation. 13 14 Orange County Comprehensive Transportation Plan 15 16 Previous Transportation Planning in Study Area 17 - Orange County Thoroughfare Plan -study completed in 1990, but never adopted 18 - Durham-Chapel Hill-Carrboro MPO is currently working on a study for their area, which 19 includes the municipalities of Chapel Hill, Carrboro and Hillsborough 20 o We are coordinating with the DCHC study 21 22 What is a CTP? 23 - Along-range multi-modal transportation plan 24 - Developed cooperatively with NCDOT, the local planning organizations, and 25 representatives from the county and its municipalities 26 - Emphasizes incorporating local land use plans and community goals 27 - Adopted at 3 levels -local (county/municipalities), regional (MPO/RPO), and state 28 (NCDOT) 29 30 How is a CTP used in an RPO? 31 Projects would be selected from a CTP for inclusion in the Transportation Improvement 32 Program (TIP) 33 34 - The CTP has a 25-30 year time span and is not fiscally constrained 35 - TIP is a 7-year planning document and funding schedule, adopted by NCDOT Board of 36 Transportation 37 o Please note -this process is currently being modified 38 39 How is a CTP used in an MPO? 40 Projects would be selected from a CTP for inclusion in the Long-Range Transportation Plan 41 (LRTP), then further selected for inclusion in the Transportation Improvement Program (TIP) 42 43 - Adds LRTP into the same process as with an RPO 44 - The LRTP is the fiscally constrained portion of the CTP, has a minimum 20-year time 45 span, and is adopted by the MPO's Transportation Advisory Committee 46 o Please note -this process is currently being modified 47 Components of a CTP 48 - Emphasis on multi-modal 49 o Highway 50 o Public Transportation and Rail 6 1 o Bicycle and Pedestrian (ex. Greenways such as Mountains to the Sea Trail) 2 - Map set and written report 3 - Recommendations 4 o Existing, Needs Improvement, Recommended 5 - Highway Categories 6 o Freeways, Expressways, Boulevards, other major thoroughfares, minor 7 thoroughfares (see end of presentation for detailed information) 8 - Strategic Highway Corridors 9 o Ultimate vision for maintaining statewide mobility -specifically identifies the 10 desired facility type for each corridor 11 o Impact on our study area: I-40/I-85 -Freeway 12 o NC 86 -upgrade to expressway 13 14 Benefits of a CTP 15 - Common, cohesive future transportation vision among the county, its municipalities, 16 NCDOT, and the planning organizations 17 - Emphasis on incorporation of local priorities, local land use plans, community goals, and 18 statewide goals (Strategic Highway Corridors) 19 - Customer-friendly documentation 20 - Emphasis on multiple modes of transportation eases travel demand and allows travelers 21 more choices 22 - Well-informed public 23 - Corridor protection for future growth needs 24 25 Progress/Next Steps 26 - Committee progress 27 o Vision Statement/Goals and Objectives 28 o Modeled Roadways map 29 o Public survey and distribution plan 30 Currently: public awareness meeting plans 31 Currently: data collection and projection 32 Next committee meeting -September 16 33 - Items 34 o Public survey 35 Go-Live date of September 16, pending approval 36 Open through October 31 37 - Timeline 38 o Public awareness meeting 39 40 Orange County CTP Website: 41 http://www.ncdot.org/doh/preconstruct/tpb/planning/orangecounty.html 42 43 44 Commissioner Gordon thanked all for coming out. She made reference to page 8 and 45 the Task Timeline. Under DCHC MPO, the 4th bullet should say Transportation Advisory 46 Committee and not Transportation Advisory Board. Also, regarding the last section, 47 Endorse/Adopt final plan, she said that her understanding is that the DCHC MPO endorses the 48 Orange County portion inside the MPO and then as a courtesy they also endorse or concur with 49 the RPO. Also, TARPO endorses the CTP but gives a courtesy endorsement for the part inside 50 the MPO. She said that the way it is written needs to be changed. She suggested adding, 7 1 "DCHC MPO adopts Orange County CTP (area inside MPO)" as the second bullet and then all 2 the other bullets will be pushed down. 3 Commissioner Gordon made reference to the survey on page 13 and said that she had 4 a tweak. She said that the four most common names are Smith, Jones, Johnson, and Williams. 5 She said that the thing about "Smith" is that it is very close to the name of a road that actually 6 exists. She suggested leaving out Smith and substituting Williams or another common name. 7 Commissioner Gordon made reference to page 14, #11 and suggested that it say, "do 8 not make NC 86 an expressway." 9 Commissioner Gordon made reference to Attachment 4 on page 20 and said to change 10 adoption from 2009 to 2010. 11 Commissioner Jacobs said that if DOT is really trying to make the process transparent, 12 then the less "planningese" and "transportationese" is used when it is presented to the public, 13 the more likely it will be a transparent process. He said that there are so many acronyms and 14 nuances that the professionals are aware of, but the public does not need to know unless they 15 ask. He suggested just laying out the basics. 16 Commissioner Jacobs asked about the map of the Burlington-Alamance MPO and who 17 decides where an MPO impinges on a county. Karen Lincoln said that Mebane and the rest of 18 Alamance County agreed to become part of the Burlington-Graham MPO, and so the urbanized 19 areas became part of that. She said that she has contacted the Burlington-Graham MPO and 20 Mebane to see if they would like to participate in this process and she has been sending 21 updates and information. 22 Commissioner Jacobs said that when the TARPO was created, the Orange County 23 Board of Commissioners made a conscious decision not to make all of Orange County a part of 24 the MPO. Presumably, Orange County has some capability of determining for itself where it 25 wants to have those lines. He thinks that if one of the possibilities is that another MPO keeps 26 moving into Orange County, then Orange County's MPO may want to preemptively move into 27 where the RPO was. It would be like annexation, only for transportation. He said that the 28 County Commissioners should have a say before other boards adopt transportation jurisdictions 29 within the County's border. 30 Commissioner Gordon said that the definition of when an area has to go into an 31 urbanized area or not should be added. Her understanding is that, once the area is designated 32 as urbanized, it will become part of an MPO. The MPO has a certain status with the federal 33 government. She thinks that this process should be clarified for the Board. 34 Commissioner Jacobs said that since the Board is only approving the timeline and the 35 release of the survey, he would like this to come back to the Board of County Commissioners 36 for further analysis and discussion -this issue of MPOs and how they relate to the 37 Comprehensive Transportation Plan. 38 Commissioner Gordon said that it is really important that the Board of County 39 Commissioners get involved in this discussion of the MPO boundary as early as possible. 40 Commissioner Jacobs said that it has been the position of the Orange County Board of 41 Commissioners not to have NC 86 as a four-lane divided highway. He wants to know how this 42 got there and if there is going to be an expressway, there should at least be bike lanes. He 43 wants this information before it goes into a survey. 44 Commissioner Jacobs made reference to page 15, #13 of the survey and said to give 45 people some suggested alternatives of getting around downtown Hillsborough and give a list of 46 options. He said that this would be a good place to talk about multi-modal options. 47 Sarah Ezzell said that the ultimate vision for NCDOT is for statewide mobility. There is 48 also a goal to show NC 86 as an expressway somewhere because that is the category of 49 highway that was determined that this area needed. 8 1 Commissioner Jacobs said that Orange County has a higher priority on US 70 and he 2 asked why NC 86 was chosen. Scott Walsh said that he was not part of the decision-making 3 process at the time. Commissioner Jacobs asked for this information. 4 Chair Foushee left at 7:57 PM. 5 Vice Chair Mike Nelson then chaired the meeting. 6 7 Paul Black with the Triangle Area RPO said that he has learned that when the Strategic 8 Highway Corridors were done, there was a certain scale, and the plan was adopted by the 9 Board of Transportation. 10 Commissioner Jacobs said that if DOT is doing a Comprehensive Transportation Plan, 11 then Orange County is not really doing it. It is being handed to the County as a blueprint and 12 then the County Commissioners are going to ask the public for their opinion, but DOT has 13 already decided the priorities. He would like to tell the public this. He is hesitant to agree to 14 something that he does not agree with. He would like to have an opportunity to talk to someone 15 in decision-making about US 70 versus NC 86. 16 Scott Walsh said that there is flexibility with this particular corridor, and the concerns 17 about US 70 will be addressed. 18 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to 19 approve the timeline for the CTP process with the changes suggested by Commissioner 20 Gordon and approve the release of the CTP survey, with the amendments suggested by 21 Commissioner Gordon and Commissioner Jacobs. These amendments include listing options 22 for getting around downtown Hillsborough (page 15), bike lanes on the expressway, additional 23 options in the survey for NC 86 (page 14, #11, "Do not make Hwy 86 an expressway, change 24 the road name from Smith to Williams (pg 13). 25 VOTE: UNANIMOUS 26 27 d. New County Website 28 The Board received a presentation on the new Orange County website. 29 Chief Information Officer Todd Jones said that there has been a collaborative effort of 30 putting together this new website by all departments over the last three years. Every 31 department in the County provided webmaster representation and sat on a committee for three 32 years to try and achieve the goal of the new County website. The website will constantly be in 33 flux, and this is a new platform upon which new information and upgrades will be added. He 34 said that he is proud of all of the work by all involved. 35 Because of this collaborative work, it was done at a modest cost. All that was 36 outsourced was the template design work. Some of the high points of redesign are: 37 - Consistency across departments 38 - Addressing of accessibility issues 39 - Options for searching 40 - Make the website "public-centric" (make it easy for public to find things using layman's 41 terms) 42 - Using current technology to make the website sustainable 43 - Make sure that the website works on different devices 44 - Keep departmental information updated 45 46 47 Todd Jones said that all webmasters and Information Technology staff has been 48 trained on this process. 9 1 Commissioner Hemminger said that the website looks great, and she would like to see 2 a meeting synopsis. She would like to sign up for updates from the County. Todd Jones said 3 that this will roll out shortly within a month or two. 4 Commissioner Gordon asked about the procedure for providing feedback to the staff 5 and Todd Jones said that each page has a link to the webmaster of that particular page. 6 Commissioner Jacobs asked that all staff using this be taught how to compress files 7 before sending them. Todd Jones said that he will look into this. 8 Commissioner Jacobs asked if the website was all in English and Todd Jones said yes 9 and that multi-lingual websites were very expensive. 10 Commissioner Nelson said that he is concerned about the clarity of the content on the 11 website and someone from outside of the departments needs to look at each departmental 12 page. 13 14 4. Consent Agenda 15 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs 16 to approve those items on the consent agenda as shown below, with the correction sheet for 17 item 4-a: 18 19 a. Minutes 20 The Board approved the minutes from August 18 and 20, 2009 as submitted by the Clerk to the 21 Board (with correction sheet). 22 b. Appointments 23 (1) Economic Development Commission -Reappointment 24 The Board reappointed Chris Hogan to a second full term ending June 20, 2012 to the 25 Economic Development Commission. 26 (2) Human Relations Commission -Reappointments 27 The Board reappointed Bryant Colson, Barbara Marotto, and A. John Vogt to second full 28 terms ending September 30, 2012 to the Human Relations Commission. 29 (3) Jurv Commission -Reappointment 30 The Board reappointed Bob Hall to the Jury Commission. 31 (4) Sportsplex Community Advisory Committee -Reappointments 8~ Reassignment 32 The Board reappointed Alice Pettitt (Position #12 - At-Large), Flicka Bateman (Position #6 - 33 CHCCS -Student Health -Athletics), and Marshall Morris (Position #9 - At-Large) to the 34 Sportsplex Community Advisory Committee. 35 c. Motor Vehicle Property Tax Release/Refunds 36 The Board adopted a refund resolution, which is incorporated by reference, related to 39 37 requests for motor vehicle property tax releases or refunds in accordance with the NCGS. 38 d. Property Tax Refund 39 The Board approved adoption of a refund resolution, which is incorporated by reference, related 40 to one (1) request for property tax refund in accordance with N.C. General Statute 105-381. 41 e. Property Tax Releases 42 This item was removed and placed at the end of the consent agenda for separate 43 consideration. 44 f. Applications for Property Tax Exemption/ Exclusion 45 The Board approved six untimely applications for exemption/exclusion from ad valorem taxation 46 for the 2009 tax year. 47 g, Inclusion of 3R Fees in the North Carolina Debt Setoff Program 48 The Board authorized the Revenue Director/Tax Collector to begin the inclusion of 3R fees in 49 the North Carolina Debt Setoff Program. 50 h. Redaction Software Acquisition 10 1 The Board authorized the Interim Manager to sign an agreement in the amount of $36,000 with 2 AmCad to install software to redact specific personal information from the Register of Deeds 3 website. 4 i. Resolution Supporting the North Carolina Department of Transportation's Application 5 .for Funding for the Southeast High Speed Rail Corridor 6 This item was removed and placed at the end of the consent agenda for separate 7 consideration. 8 9 L Contract Between the Appalachian Sustainable Agriculture Proiiect and Orange 10 County Cooperative Extension 11 The Board approved a contract with, subject to County Attorney review, and accepted a 12 $50,000 Strong Roots grant from the Appalachian Sustainable Agriculture Project to plan and 13 executed a local food project to be determined by a team of local farm and food system 14 professionals and authorized the Chair to sign. 15 k. Change in BOCC Regular Meeting Schedule for 2009 16 The Board approved one change in the County Commissioners' regular meeting calendar for 17 year 2009: 18 - Adding a Board of Commissioners' retreat on Saturday, November 14, 2009 starting a 19 9:00 a.m. at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill 20 (tentative location) 21 I. Authorization to Contract for Demolition Electrical and Painting for Phase I Link 22 Center Renovation through Informal Bidding Procedures 23 The Board authorized the County Manager to exceed the position's current signature authority 24 of $25,000 to contract with multiple contractors for Phase I renovation of the John M. Link 25 Center. 26 m. Agenda Abstract Writing Training 27 This item was removed and placed at the end of the consent agenda for separate 28 consideration. 29 n. Adoption of BOCC Goals and Priorities - FY2009-10 30 This item was removed and placed at the end of the consent agenda for separate 31 consideration. 32 0. Approval of the Preliminary Steps Necessary to Seek Qualified School Construction 33 Bond Financing for the Carrboro High Cultural Arts Wing 34 The Board adopted the attached resolution, which: 35 - Makes a preliminary determination to proceed with financing for the Carrboro High Arts 36 wing project; 37 - Makes certain findings of fact to support the financing; 38 - Authorizes the Finance Officer to proceed with an application to the LGC and seek 39 financing proposals and other steps necessary to move forward with the financing; 40 - Sets a public hearing for October 6, 2009; and 41 - Provides for reimbursement of project expenditures from financing proceeds. 42 43 p; Fiscal Year 2009-10 Budget Amendment #2 44 The Board approved budget, capital and grant project ordinance amendments for fiscal year 45 2009-10 for County Capital Project Ordinance, Technical Amendment, Department on Aging, 46 and Library Services. 47 g Grant Application for Special Appropriations Project for Waste Water Projects 48 The Board approved submitting an application to the Special Appropriations Project Division in 49 the U.S. Environmental Protection Agency's Office for sewer grant funds in the Efland- 50 Buckhorn area and authorized the Chair and Interim Manager to sign. 11 1 2 VOTE ON CONSENT AGENDA: UNANIMOUS 3 4 ITEMS REMOVED FROM CONSENT AGENDA: 5 6 e. Property Tax Releases 7 The Board considered adoption of a resolution to release property values related to 8 eight requests for property tax release in accordance with N.C. General Statute 105-381. 9 Commissioner Yuhasz asked to be removed from the voting of this item because one 10 of the parties is his client. 11 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs 12 to excuse Commissioner Yuhasz from voting, for the reasons given. 13 VOTE: UNANIMOUS 14 A motion was made by Commissioner Hemminger, seconded by Commissioner 15 Pelissier to adopt the resolution, which is incorporated by reference, to release property values 16 related to eight requests for property tax release in accordance with N. C. General Statute 105- 17 381. 18 VOTE: UNANIMOUS 19 20 i. Resolution Supporting the North Carolina Department of Transportation's 21 Application for Fundina for the Southeast High Speed Rail Corridor 22 The Board considered approving a resolution supporting the application by the North 23 Carolina Department of Transportation (NCDOT) for funding from both the American Recovery 24 and Reinvestment Act as well as from annual federal budgetary appropriations to implement the 25 Southeast High Speed Rail Corridor. 26 Commissioner Jacobs said that he is pulling this because he wants to be clear and on 27 the record that there have been tremendous problems about the proposed route through central 28 Orange County when it was first proposed. It went right next to Cedar Ridge High School. He 29 wants to make sure that the Board goes on record as saying that it supports this, but it is still 30 ambivalent because there were some reservations and the expectation is that the reservations 31 will be addressed. 32 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 33 that, as part of this process, Orange County's previously identified concerns about the route of 34 the amended corridor be discussed and approved by the Board of County Commissioners. 35 VOTE: UNANIMOUS 36 37 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 38 to approve the resolution supporting the North Carolina Department of Transportation's 39 application for funding from both the American Recovery and reinvestment Act as well as from 40 annual federal budgetary appropriations in order to accelerate the planning, land acquisition, 41 and construction investments to help further the full implementation of the southeast High 42 Speed Rail corridor; and direct the Clerk to forward the resolution to: 43 - North Carolina's United States Senators; 44 - United States Congress members representing the Triangle region; and 45 - United States Congress members from North Carolina serving on the US House of 46 Representatives Transportation and Infrastructure Committee. 47 VOTE: UNANIMOUS 48 49 m. Agenda Abstract Writing Training 12 1 The Board considered approving a contract with Keith Hayes Writers to develop a style 2 guide for the writing of agenda abstracts. 3 Commissioner Gordon said that she wants to be clear about the Board of County 4 Commissioners' process. She asked Keith Hayes how the Board of County Commissioners 5 would be involved in this process. 6 Commissioner Nelson said that the Board of County Commissioners can decide this and 7 the original decision was to put this on a work session. 8 Keith Hayes said that he could have 2-3 Board members who are interested in abstract 9 writing to join him as a subcommittee. He said that the point is to come up with a document 10 that has Board of County Commissioners' expectations of abstracts. 11 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to 12 approve a contract with Keith Hayes Writers for the development of a style guide for the writing 13 of agenda item abstracts, that Keith Hayes solicits input from all Board members about 14 expectations of the style guide for writing agenda abstracts; that the subcommittee do its work; 15 and that the matter come back to the full Board with the style guide and the writing of agenda 16 abstracts for approval. 17 VOTE: UNANIMOUS 18 n. Adoption of BOCC Goals and Priorities - FY2009-10 19 The Board considered formal adoption of BOCC Goals and Priorities for FY 2009-10. 20 Commissioner Gordon said that when this was discussed at the August 20tH work 21 session, the Board approved the six overall goals and the list of 26 priorities. She said that she 22 had suggested to Frank Clifton that the Board adopt verbatim what the County Commissioners 23 decided on August 20tH 24 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to 25 adopt the Goals and Priorities of Fiscal Year 2009-2010, given in Attachment A and Attachment 26 Bon the revised sheets. 27 VOTE: UNANIMOUS 28 29 5. Public Hearings 30 a. CDBG Program - IDA Program 31 The Board received public comments prior to official close-out of the County's FY 2005 32 Individual Development Account Program and considered authorizing execution of the 33 Certificate of Completion by the Chair. 34 Housing and Community Development Director Tara Fikes said that the County received 35 $50,000 in CDBG funds for this program, with the intent of helping 20 first-time homebuyers 36 with incomes below 80% of the area median income purchase a home. The official grant period 37 ended on January 31, 2009. She provided a summary of the activities. 38 The Women's Center is the administrator of this program, and out of the 248 families 39 that expressed interest, only eight were approved to participate. Of those eight, four families 40 were able to purchase homes during the grant period. The purchases totaled $592,000. The 41 total amount spent by the program was only $34,000 of the $50,000 grant. There will be 42 $16,000 available for future programming use. 43 Commissioner Yuhasz verified that the County spent $30,000 to give away $4,000. He 44 said that the County should do a better job of giving away more of the money that was spent. 45 Commissioner Pelissier said that she would like to see an analysis of why this 46 happened. Tara Fikes said that she could present more information at a later date. 47 Commissioner Gordon asked for consensus that the Board wants this information and 48 the Board agreed. 49 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 13 PUBLIC COMMENT: Anne Gerhardt, Executive Director of the Women's Center, said that she would be glad to supply this information as requested by the Board. She said that it is common for this to happen with asset building programs. She thanked the Board of County Commissioners on behalf of the 15 families that built assets through this program. She said that she would like to continue to offer homebuyer and financial literacy education. Commissioner Jacobs said that he would like Tara Fikes and Anne Gerhardt, as part of the information that comes back, tell the Board whether they think that this program was a success and if so, why, and if not, then why not. Commissioner Nelson seconded those comments. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to authorize the execution of the Certificate of Completion by the Chair on behalf of the Board of Commissioners. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger for staff to provide an analysis and recommendation on this particular program. Commissioner Jacobs asked to add the Women's Center to this analysis. Commissioner Yuhasz and Commissioner Hemminger agreed. VOTE: UNANIMOUS b. North Carolina Department of Transportation. Rural Operating Assistance Program (ROAP) and Supplemental ROAP Grant Application for FY 2009/2010 The Board conducted a public hearing for the NCDOT Rural Operating Assistance Program (ROAP) and considered approving the annual FY 2009/2010 ROAP grant application and budget amendment. Department on Aging Director Jerry Passmore said that this is a consolidated request for three basic programs: the Elderly and Disabled Transportation Assistance Program, the Work First Transitional/Employment Program, and the Rural General Public Transportation Program. This serves the rural areas of Orange County and the funds are part of the current budgeting process, but there is an additional $16,170 being requested. Commissioner Hemminger asked for information on how many people actually ride. Jerry Passmore said that this past year, there were 132,000 trips provided for the Transportation Operational system. Jerry Passmore said that he would provide route information. He said that the routes are full every day and more routes are needed. Commissioner Yuhasz asked for more information on the rural route schedules. PUBLIC COMMENT: NONE A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to close the public hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 14 VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to approve the application for the Rural Operating Assistance Program, including supplemental funds totaling $215,462 for FY 2009-2010; authorize the Chair and Interim Manager to sign the Certified statement; and amend the OPT budget to include the ROAP funds with an increase of $16,170 in the operations account. VOTE: UNANIMOUS 6. Regular Agenda 6a1. Bradshaw Quarry Solid Waste Convenience Center A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger that, pending the discussion on rural trash collection and disposal by the Orange County Solid Waste Working Group, to be considered by the BOCC no later than December 15, 2009, that no convenience center shall be closed prior to the Board of County Commissioners' consideration. The costs for extended service beyond the September 20th closing date for the Bradshaw Quarry facility will be addressed by appropriate budget amendments. Commissioner Nelson said that he would like to hear from staff about the costs of keeping this facility open. Frank Clifton said that the cost of operating this is $5,000-6,000 monthly. He suggested amending the motion to allow budget amendments on a monthly basis until this issue is resolved. Commissioner Nelson asked about the flexibility in the budget and Frank Clifton made some general comments. The sales tax has been down roughly 4% from the projections. Commissioner Yuhasz said that there have been suggestions to keep this center open at reduced hours and Frank Clifton said that this could work, but he was using costs as if it were open like the other centers. He suggested that along-term solution would be to have it open less, but short-term should have it open the same as the others. Commissioner Jacobs said that this can be a holding pattern until the Board receives the report from the working group. Commissioner Gordon said that she would like a fuller articulation of exactly how much this would cost monthly when a budget amendment comes forward. Frank Clifton said that he got his costs from Gayle Wilson and an informational item from the September 1St meeting. Commissioner Gordon said that she does have a concern that if the Board just adopts something like this that is not on the printed agenda, then it is not a transparent process. She would like to keep the convenience center open. Commissioner Nelson agreed. PUBLIC COMMENT: Mike Hughes is a resident and member of Orange County Voice. He said that there are 1,500 families that use the BQCC, which is four dollars per family, per month. He believes that the costs of keeping the center open are substantially less than the cost of those families transporting the waste somewhere else. Suzanne Nelson said that when she heard of the costs and how little it cost to keep this open, then she decided to come and speak. She said that she was attracted to Orange County because of its solid waste management. She encouraged the County Commissioners to think about the fact that the impact on rural residents is different than the impact in the urban areas. Bonnie Hauser said that she is proud that the Board is reconsidering this and she has a letter from the owner of the Bradshaw Quarry site that he would consider extending the County's lease on this property and would keep the rent at $400 a month. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Myra Dotson asked the County Commissioners to please not extend curbside recycling to rural residents. She said that this should be deferred until the Solid Waste Working Group plan is complete. She quoted some of the recommendation: "expansion of existing curbside recycling into a portion of the area previously served by the Bradshaw Quarry Road Center. Staff is prepared to initiate this expansion by the end of 2009 at no additional cost or budget impact, if desired resources could be included in the FY 2010-11 budget that would allow for the remaining portion of the Bradshaw Quarry SWCC service area to be added to curbside recycling." She said that what this statement does not say is that the next year the Solid Waste Department will add a mandatory recycling fee of $38 to each household whether or not they use the service. She asked the County Commissioners to please not allow the County to charge for services or add new fees to this community until the work group plans are done. If a fee is added, then the fee should be used to fund the continual operation of the Bradshaw Quarry Convenience Center in some sort of capacity. She said that residents are willing to work closely with the County to find a solution that is budget neutral and works for everyone. She said that rural residents would like to be heard and constructive citizen input is the basis for good government. Susan Walser spoke for Orange County Voice. She said that the Solid Waste Work Group Plan is an unvetted plan and any suggestion to reduce the total number of convenience centers is premature. She said that ideas that are being discussed in this planning process have been used to justify the closing of the Bradshaw Quarry Convenience Center. She said that services such as curbside recycling and vendor franchises to provide curbside trash collection may not work for rural residents. She said that there are many questions that need to be answered before the plan can be finished, including whether October 20th was enough time to get input from rural residents to find out what is really needed in the rural part of the County. She said that eliminating Bradshaw Quarry now is premature and jumps the gun on important information from the Solid Waste Working Group. She asked that the center be kept open a couple of days a week at least for the next year until the plan is done and the County has finalized a plan for funding solid waste services. Norma White said that she is a resident of the Schley community and she has a 15-mile round trip to the nearest solid waste convenience center. She does not mind that drive and would rather do that than to worry about curbside collection because she has a long gravel driveway. She said that she is here to support the Bradshaw Quarry Convenience Center. She said that Orange County Voice is a voice in the rural community and they care for the residents. She said that her SWCC has had reduced hours, but it is better than nothing where she lives in northeast Orange County. Gabriella Tal is from northeast Orange County and is also with Orange County Voice. She said that if the Bradshaw Quarry Convenience Center is closed, it will be irreversible. She asked the County Commissioners to please find a way to keep it open, and if not, then at least find a way to keep the facility intact until the Board hears more from the Solid Waste Working Group. She said that this is an important facility in their area. Kathleen Hoffman spoke on behalf of users of Bradshaw Quarry Convenience Center and also for Orange County Voice. She said that asking the Board to reconsider closing this center is an enormous request given the complexity of the budget and its multiple impacts. She believes that this initial decision was based on misinformation, and that is why they are asking the Board to reconsider. She said that the residents have tried to bring forward solutions that are beneficial to all rural residents. She said that the residents are very willing to accept a reduction in service to two or three days a week. The cost of the County keeping the center open two to three days a week is only about $25,000 this year, which is much less than the costs that will be inflicted on the residents of the community if it were closed. She asked that the County Commissioners make the following motion: "To keep Bradshaw Quarry 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 16 Convenience Center open two to three days per week until the Solid Waste Work Group plan has been thoroughly evaluated and the County has a workable plan to service rural residents." She said that taking this action would show to all residents across the County that their voices count. Commissioner Jacobs re-read his motion: "Pending the discussion on rural trash collection and disposal by the Orange County Solid Waste Working Group, to be considered by the BOCC no later than December 15, 2009, no convenience center will be closed. Costs for extended service beyond the September 20tH closing date for the Bradshaw Quarry facility will be addressed by appropriate monthly budget amendments." Commissioner Hemminger seconded the motion again. Commissioner Jacobs said that the Manager's numbers are the third different set of costs the Board of County Commissioners has heard. He said that he wanted to make it clear that the County Commissioners are not cow-towing to one particular group that is loud and angry, but they listen to all citizens. Frank Clifton clarified that the intent is to keep this center open the same hours as other centers at this time, until a decision is made. Commissioner Nelson said that adding an agenda item is not transparent and this is an exception and not the rule. VOTE: UNANIMOUS a. Groundwater Observation Well Network The Board received an update regarding the establishment of the Groundwater Observation Well Network (Orange Well Net), considered authorizing execution of Memoranda of Agreement with three entities, and considered authorizing the Chair to sign, and receive feedback from the Board on the project. The PowerPoint presentation was not made, in the interests of time. Orange Well Net: The Orange County Groundwater Observation Well Network Orange County Environment and Resource Conservation Department I. Background •Combination of regolith and bedrock wells planned for Orange Well Net. •Limited funding this FY. II. Orange County Geology •NCGS geologic mapping of Orange County is ongoing. Draft maps for four quadrangles. •Eight general types of bedrock geology are present within the recently mapped area of Orange County. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 17 II. Orange County Geology, cont. •Eight general bedrock units: ^ 1 Altered tuff ^2 Epiclastics ^3 Felsic tuffs ^4 Felsic lavas and tuffs ^5 Mafic lavas and tuffs ^6 Felsic plutonics ^7 Intermediate plutonics ^8 Mafic plutonics .Bedrock wells proposed for each unit. III. Existing Bedrock Wells .Saves money! .Several wells identified and under consideration for incorporation in Orange Well Net. .Draft MOAs needing action: -The Association for the Preservation of the Eno River -Duke University in Duke Forest -UNC-CH ^DWQ wells in Duke Forest .Four wells owned by the county. Commissioner Pelissier asked when data would be received and Water Resources Coordinator Tom Davis said in the spring. The data will not be very useful statistically in the short-term. Commissioner Jacobs said that this seems to have relevance to the subdivision process and to the land use plan. He asked if there was any way to coordinate this with the land use plan process. Dave Stancil said that they have coordinated with the natural cultural systems element, but there has not been a consideration at the land use element. He will look at this and see how they mesh. Commissioner Yuhasz suggested not tying this to the land use plan because there will not be any useful information in the short-term. Commissioner Gordon said that the budget was cut for this item, so they are trying to work within the amended budget. If things are to move faster, then more money is needed. She suggested having staff come back in six months with a report, and then more money can be considered for next fiscal year. PUBLIC COMMENT: Rev. Robert Campbell said that he wants to petition the Board of County Commissioners to allocate funding for groundwater testing around the Orange County landfill because a survey was done on ground and surface water and the data show that their water is contaminated. He suggested starting with a small survey in the Rogers Road neighborhood. Frank Clifton said that the County has been monitoring wells all around the landfill as part of the landfill permit. He said that there have not been any permit violations. There can be 18 1 community enhancements or responses to issues directly and indirectly associated with the 2 landfill being where it is. 3 Commissioner Nelson said that he would like the Manager to come back with a memo to 4 address this issue. 5 Commissioner Jacobs said to address the short and long-term needs that affect the 6 Rogers Road area at the December 15th meeting. 7 Commissioner Nelson said that this issue should come back as a memo and an 8 information item, and the short and long-term needs can be put on a separate track. 9 Myra Dotson said that she has been trying to get wells tested on Orange Grove Road. 10 She said that many of the residents on Orange Grove Road are not going through the Health 11 Department, but through private companies so that their wells are not being condemned by the 12 State. She said that there is a huge problem with people living with bad wells and buying 13 drinking water. The new wells are the ones that are going bad. 14 A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger 15 to approve authorizing the Chair to sign the attached memoranda of agreement with UNC-CH, 16 Duke, and the Association for the Preservation of the Eno River. 17 VOTE: UNANIMOUS 18 19 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon that, 20 if appropriate, for staff to coordinate information gathered with the Groundwater Observation 21 Well Network with the scheduled development of the Comprehensive Land Use Plan and the 22 Unified Development Ordinance. 23 Commissioner Yuhasz said that it is unnecessary to put a strain on an already strained 24 Planning Department. 25 VOTE: Ayes, 5; No, 1 (Commissioner Yuhasz) 26 27 b. Reorganization of Revenue and Assessor's Office 28 The Board considered proposed plans related to the merging of the Assessor's Office 29 and Revenue into one department to allow for a smooth and efficient transition while working to 30 maintain the same levels in quality service currently provide to the public. 31 Frank Clifton said that, in response to retirements and the Board's mission to create an 32 efficient organizational structure, staff is recommending the new position of Tax Administrator, 33 as laid out in the abstract. It would coincide with the retirement of the Tax Assessor. 34 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 35 to approve appointing Jo Roberson as Tax Administrator for a term to run consistent with Ms. 36 Roberson's current appointment to begin upon the retirement of Tax Assessor John Smith; and 37 to authorize the Manager and staff to: 38 39 1) continue efforts toward consolidation of the Tax Assessor's office and Revenue 40 Department; 41 2) develop contractual agreements with retired employees in the Tax Assessor's office; 42 and 43 3) continue efforts to review outsourcing the County's EMS initial billing and insurance 44 filing process and the business and personal property listing functions. 45 46 Frank Clifton said that Jo Roberson will retire June 30, 2011. 47 48 49 Commissioner Nelson asked if this consolidated department was common in North 50 Carolina. Jo Roberson said that there are 68 counties in NC that have Tax Administrators, and 19 1 of those, 57 have the Tax Administrator carry both titles. She does have the education 2 qualification, but not the field experience. 3 Commissioner Nelson said that this is good idea but there is not enough information for 4 him to make a uniformed decision about such a huge reorganization. 5 Commissioner Jacobs asked to see the short and long-term plan and have the Board 6 approve it. 7 Jo Roberson said that the plan is to bring back the reorganization plan at a later date. 8 This will tentatively be brought back to the Board on October 6t . 9 Commissioner Jacobs said that the outsourcing of billing on EMS was something that 10 the Board decided specifically not to do because people would not call for an ambulance 11 because they could not afford to pay for it. Now there is a system where Jo Roberson works 12 with people to pay the bills. When it is outsourced, there is no level of sensitivity. 13 Jo Roberson said that the representative from the vendor intends to come to a meeting 14 and there will be information about the billing process, which is built to the County's 15 specifications. She thinks that the Board will be pleasantly surprised. 16 17 Commissioner Gordon made a friendly amendment to the motion, which would add 18 bullet #4 to the motion on the floor: "bring back to the Board of County Commissioners a plan 19 for reorganization and a plan for other aspects of the reorganization before those plans are 20 implemented." 21 This amendment was accepted. 22 VOTE: Ayes, 5; No, 1 (Commissioner Nelson) 23 24 Commissioner Nelson left at 9:59 PM after asking Commissioner Gordon to chair the 25 meeting. 26 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 27 to recognize Commissioner Gordon as acting Chair for the remainder of the meeting. 28 VOTE: UNANIMOUS 29 30 c. Employee Benefits Recommendation and Update 31 The Board considered approving the County Manager's 2010 employee benefits 32 recommendations becoming effective January 1, 2010, and to provide the Board with an update 33 on employee benefits. 34 Human Resources Director Michael McGinnis made a PowerPoint presentation. 35 36 County Manager's 37 2010 Employee Benefits Recommendation 38 39 BOCC Regular Meeting 40 September 15, 2009 41 42 Current Benefits Plans 43 Contributory County Benefits 44 ^Health Care Plan (NCACC/CIGNA) 45 ^Dental Care Plan (Delta Dental of NC) 46 ^Life Insurance Plan (MetLife) 47 ^EAP (Magellan Behavioral Services) 48 ^Flexible Spending Account (Tucker Administrators) 49 ^401(k) Supplemental Retirement (Prudential) 50 20 1 Employee Paid County Benefits 2 .Disability Insurance (Colonial/Occidental) 3 .Optional Life Insurance (MetLife) 4 .457 Supplemental Retirement (Nationwide) 5 6 7 8 Health Care Plan 9 Vendor: NCACC/CIGNA 10 Type of Plan: Two Fully Insured Plans 11 .HMO In-Network Plan 12 ^100% coinsurance after deductible of $250 13 ^Physician/Specialists $15/$30, ER $150 14 ^Pharmacy $5/$15/$30 15 ^PPO In and Out of Network Plan 16 ^90% coinsurance after $250 deductible 17 ^Physician/Specialists $15/$30, ER $150 18 ^Pharmacy $5/$15/$30 19 20 Dental Plan 21 Vendor: Delta Dental 22 Type of Plan: Self Insured 23 24 Monthly Premiums: County Employee 25 (No Change in 2010) Single $18.50 $00.00 26 Emp/Spouse $18.50 $35.18 27 Emp/Child/ren $18.50 $41.94 28 Family $18.50 $60.08 29 2009 Enhancements: 30 .Adjusted Table of Allowances increased maximum amount for diagnostic & maintenance 31 services 32 .Decreased County contribution for employee premiums covers administrative fee increase and 33 maintains healthy fund balance (approved in FY 2009-10 Budget) 34 35 2010 Recommendation 36 .Adjust Table of Allowances to increase maximum payable amount for basic restorative 37 services 38 Group Life 39 40 Vendor: MetLife 41 Type of Plan: Basic Term w/AD8~D 42 43 .Cost: 22.5 cents per $1,000 coverage (to $50,000 annual salary) 44 .Employee may purchase additional coverage at age-based rates 45 46 No Change to current benefits 47 Flexible Compensation Plan 48 Vendor: Tucker Administrators 49 Type of Plan: Tax Sheltering Premiums and Spending Accts 50 (Medical -max $3,000, Dependent -max $5,000) 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 .2009 Enhancements: ^lncreased limit to $3,000/yr for MSA ^Implemented a Debit Card .More employees are utilizing this benefit compared to previous years No Change to current benefits Employee Assistance Program Vendor: Magellan Behavioral Health Type of Plan: Fully Insured EAP .Cost: $1.61 per employee per month ($15,500 per year) .2009 Enhancements: ^5 counseling sessions per incident/situation ^Financial and Legal Consultation services .More employees are utilizing this benefit compared to previous years No Change to current benefits Supplemental Retirement Plans 401(k) and 457 Vendors: Prudential and Nationwide Type of Plans: Supplemental Retirement .The Board approved suspending the County contribution to 401 (k) plans for non-law enforcement employees in FY 2009-10 .Law enforcement employees continue to receive a County contribution of 5% of annual salary to 401 (k) plan .All employees may make voluntary contributions to their 401(k) plan or 457 plan 2010 Benefit Recommendation Goals .Maintain Plan Designs .Minimize Rate Increases .Make Needed Enhancements .Implement Elements to Improve Future Benefit Plan Design and Costs .Maintain No Cost for Individual Only Coverage 2010 Benefit Recommendation Challenges .Escalating Cost of Employee/Retiree Health Care .Maintaining Strong Employee Benefits .Balancing Employee/Retiree needs with County Financial Crisis 2010 Health Care Options Health Care Option 1 ^No Reductions in Plan Design ^Rate Increase Below Budget (2.7% Increase) ^2 Major Enhancements 48 Health Care Option 2 49 ^No Reductions in Plan Design 50 ^Rate Increase Below Budget (2.7% Increase) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 22 ^2 Major Enhancements ^Encourages Completion of Health Risk Appraisal ^Adds Financial Responsibility for Employees and Retirees Current Plan compared to Option 1 & 2 Importance of HRA/Health Advisor® .The HRA provides a snapshot of health risks and the Health Advisor notifies the employee/retiree of online programs and/or arranges a health coach .Studies have shown 1 point improvement in HRA scores save $56 in health care costs annually .Health Advisor gives employees/retirees the support and tools needed to make healthy lifestyle changes .Orange County is the first NC county to have Health Advisor, and establishes Orange County as a leader in wellness activities among NC counties Renewal (Opt 1 ~ 2) Health Insurance Premiums .2010 Premiums reflect a 2.7% increase over 2009 Health Care Recommendation Option 2 ^No Reductions in Plan Design .Rate Increase Below Budget (2.7% Increase) ^2 Major Enhancements .Requires $10 Monthly Premium for all Employees/Retirees not completing the HRA .Health Risk Appraisal completion, resulting in $0 premium .Employees/retirees share in the responsibility of the total premium and encouraged to take healthy steps by completing the HRA Communicating the 2010 Employee Benefits Plan .Communication of Approved Recommendation will Begin Immediately ^Letters to Employees and Retirees ^Payroll Stuffers ^Emails ^Online information .Wellness Fairs ^Laptops/Assistance in Completing HRAs ^Biometric Assessments ^ERC and Department Meetings Achieving 100% HRA Completion .Wellness Fairs are scheduled October 23 in two locations; additional events will follow. ^At no cost, employees can: .Receive flu shots, and have their blood pressure & cholesterol checked; .Complete the HRA. ERC, HR and other volunteers will provide assistance. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23 ^Employees/Retirees not completing the HRA by March 8 will be assessed a $10 monthly premium. Once the HRA is completed, the monthly premium will not be charged. Extra Incentives for Completing HRA ^The NCACC Wellness Grant will provide major incentives for completing the HRA ^Grand prize drawing for individuals completing HRA before November 30, 2009 ^Drawings for smaller prizes up to March 31, 2010 ^A small incentive for all who complete the HRA ^The incentives, in combination with the premium, are expected to result in 100% of HRA completions 2010 Dental Recommendation ^Continue Same Premiums ^Administrative fee increases by $2,400/year effective January 1, 2010 ^Increase in reimbursements for basic restorative services ^Table of Allowance matches the Maximum Allowable Payment Other Employee Benefits No changes recommended for other benefits: ^EAP ^Life Insurance ^Flexible Spending Accounts ^401(K)-suspended until June 30, 2010 ^Supplemental Employee Paid Insurance Plans Commissioner Jacobs said that he found the comparison of health plans confusing and there are abbreviations that he does not understand. The County Commissioners asked about the health assessment and if there was any evidence for there being savings when employees take it. Frank Clifton said that his experience elsewhere is that a lot of employees never go to the doctor until it is too late and then the insurance skyrockets. If this is done, it helps control the costs because of preventative care. Commissioner Pelissier asked about applying this to retirees and it was answered that this does apply. The only group it does not apply to is dependents. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the renewal of the health insurance with enhancements and incentive (Option 2), and the enhancements to the dental insurance, effective January 1, 2010. VOTE: UNANIMOUS 7. Reports-NONE 8. Board Comments Commissioner Pelissier said that the mental health system has had tremendous cuts by the state and this may have some serious repercussions for County services. There has been a meeting organized next week between Orange and Chatham Counties mental health representatives to discuss these issues. Commissioner Hemminger said that ABC sales are up for August. The Retreat Planning Committee met and the retreat is on Saturday, November 14'h. The topics are financial outlook, reorganization, retiring of department heads, and economic development. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Commissioner Jacobs congratulated Fletcher Barber for being elected to the 4-H Hall of Fame. He thanked Pam Jones, Dave Stancil, Gayle Wilson, and Chair Foushee for their help with the NCACC presentation at the NCACC conference. Commissioner Jacobs said that the Planning Director of Hillsborough met with the Economic professor at UNC, who had offered one of her classes to work on the Cornelius Street project, and there is a plan for this. Hopefully there can be some economic development in an underserved neighborhood. Commissioner Yuhasz said that the Information Technology Advisory Committee had a discussion about its charge and mission. He thinks that suggestions from the Board would be welcome. Commissioner Gordon said that the Transportation Advisory Committee for the DCHC MPO will be considering a revision of the Metropolitan Area Boundary and she referenced her memorandum to the Board on this subject. This is important for the Board to understand and to provide feedback. Also, the Environmental Summit was held last week and was very successful. 9. County Manager's Report 10. Appointments a. Animal Services Advisory Board -New Appointments The Board considered making new appointments to the Animal Services Advisory Board. Commissioner Gordon asked why someone from Durham County was on the list. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Kindra Mammone to Position #4, Town of Chapel Hill, with a term expiring June 30, 2012. VOTE: UNANIMOUS Commissioner Jacobs suggested that someone could coordinate advertising for the remaining positions at the animal shelter. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Sue Millager to Position #3, Town of Carrboro, with a term expiring June 30, 2012. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to ask the Animal Services Advisory Board to recruit someone to fill Position #12, Certified Animal Handler/trainer/technician, and come back to the Board at a later date. VOTE: UNANIMOUS b. Arts Commission -New Appointment The Board considered making one new appointment to the Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to appoint Nedra Bradsher to Position #15, with a term expiring March 31, 2012. VOTE: UNANIMOUS c. Human Relations Commission -New Appointment The Board considered making one new appointment to the Human Relations Commission. 25 1 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 2 to appoint Antonia Pedroza to an At-Large position with a term expiring June 30, 2012, and 3 Richard Perry to a partial term ending June 30, 2010. 4 VOTE: UNANIMOUS 5 6 d. Information Technology Advisory Committee -New Appointment 7 The Board considered one new appointment to the Information Technology Advisory 8 committee. 9 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger 10 to appoint Dan Przbyl to a full term expiring December 31, 2011. 11 12 Commissioner Jacobs said that, as part of the discussion on boards and commissions, 13 that this committee's function be discussed. 14 15 VOTE: UNANIMOUS 16 17 11. Information Items-NONE 18 19 12. Closed Session-NONE 20 21 13. Adjournment 22 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger 23 to adjourn the meeting at10:30 PM 24 VOTE: UNANIMOUS 25 26 NOTE: Commissioner Foushee chaired the meting from 7:OOpm-7:57pm; Vice Chair Mike 27 Nelson chaired the meeting from 7:57pm-9:59pm; and Commissioner Gordon served as acting 28 Chair from 9:59pm to 10:30pm. 29 30 31 Valerie Foushee, Chair 32 33 34 Donna S. Baker, CMC 35 Clerk to the Board 1 DRAFT 2 3 MINUTES 4 Orange County Board of Commissioners 5 Orange County Board Of Education 6 Chapel Hill-Carrboro Board of Education 7 WORK SESSION 8 September 22, 2009 9 7:00 p.m. 10 11 The Orange County Board of Commissioners met for a joint session with the 12 Chapel Hill-Carrboro Board of Education and the Orange County Board of Education on 13 Tuesday, September 22, 2009 at 7:00 p.m. at the Southern Human Services Center in 14 Chapel Hill, North Carolina. 15 16 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and 17 Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, 18 Bernadette Pelissier, and Steve Yuhasz 19 COUNTY COMMISSIONERS ABSENT: 20 COUNTY ATTORNEYS PRESENT: John Roberts 21 COUNTY STAFF PRESENT: Interim County Manager Frank Clifton, Assistant County 22 Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All 23 other staff members will be identified appropriately below) 24 ORANGE COUNTY BOARD OF EDUCATION MEMBERS PRESENT: Chair Anne 25 Medenbleck, Vice-Chair Tony McKnight, and Board members Eddie Eubanks, Debbie 26 Piscitelli, Ted Triebel, and Susan Hallman. Superintendent Patrick Rhodes was also 27 present. 28 ORANGE COUNTY BOARD OF EDUCATION MEMBERS ABSENT: Steve Halkiotis 29 CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS 30 PRESENT: Chair Lisa Stuckey and Board Members Jamezetta Bedford, Mia Day 31 Burroughs, Jean Hamilton, Gregory McElveen, and Superintendent Neil Pedersen was 32 also present. 33 CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS 34 ABSENT: Vice Chair Mike Kelley and Annetta Streater 35 36 The meeting was called to order at 7:07pm by Commissioner Foushee. 37 38 A motion was made by Commissioner Nelson, seconded by Commissioner 39 Hemminger to amend the agenda by adding an item, "Stimulus Funding for 40 Homelessness Prevention and Rapid Re-Housing Program Award." 41 VOTE: UNANIMOUS 42 43 Homelessness Prevention and Rapid Re-Housing Program Award 44 The Board considered accepting a Homelessness Prevention and Rapid Re- 45 Housing Program award of $1 million, authorizing the execution of the associated State 46 Contract and asub-recipient contract with Housing for New Hope by the Chair of the 47 Board of County Commissioners upon contract review and approval by the County 48 Attorney's office. 49 Frank Clifton said that the County has been awarded a $1 million grant for this 50 program. 2 1 Social Services Director Nancy Coston said that this is a provisional grant, which 2 means that the information has to be worked out with the State and the contract must be 3 signed by September 30th. This item will be discussed fully at the October 6th meeting. 4 The Board needs to approve this for the Chair to sign the contract from the State to be 5 returned on September 30th to the State. The funds are for three years and the two 6 groups administering the funds will be Orange County and Housing for New Hope. She 7 said that this was a collaborative effort. 8 Commissioner Nelson thanked the staff and Chair for making sure the Board was 9 polled about adding this item. 10 A motion was made by Commissioner Nelson, seconded by Commissioner 11 Hemminger to accept the Homelessness Prevention and Rapid Re-Housing Program 12 award of $1 million from the State of North Carolina; and approve the execution of the 13 associated State Contract and aSub-recipient contract with Housing for New Hope by 14 the Chair of the Board of commissioners upon contract review and approval by the 15 County Attorney's Office. 16 VOTE: UNANIMOUS 17 18 19 OPENING COMMENTS: 20 Introductions were made. 21 Chair Foushee said that Steve Halkiotis would not be able to attend tonight's 22 meeting because he is still recuperating from surgery. 23 24 25 1. Chapel Hill-Carrboro Citv Schools - Update of 2009-10 Budget 26 Superintendent Neil Pedersen said that the first assumption was that CHCCS 27 would not receive any more money from the County from last year, and the first set of 28 reductions ($718,280 in Attachment 1-a) were to be made for no increase in County 29 appropriations. 30 The second set of reductions was made once the appropriation was received. 31 This totals $1.9 million worth of reductions. The first set of reductions did not include 32 personnel, and the second set of cuts involved the Central Office. 33 Attachment 1-b includes the State reductions. The State made reductions of $3 34 million in non-instructional support. The State reduced this line item (custodians, 35 clerical, and substitutes) and then gave stabilization funds for the same amount. The 36 second biggest reduction is discretionary funds. There was a potential reduction in 37 teacher assistants, but in the final budget, the position reductions did not appear for 38 teachers and teacher assistants. 39 He distributed a handout on class sizes. On the elementary level, grades K-3 are 40 doing well and not exceeding 21 students. In 4th and 5th grades, the levels are the same 41 as last year. In the middle school level, the allocation of teachers has changed and the 42 numbers are looking good for class sizes. In the high school level, the numbers are up 43 somewhat, and they did reduce some core offerings. 44 Neil Pedersen said that no teachers were laid off or non-renewed for strictly 45 budgetary reasons. There were 60 teachers that received non-renewal notices because 46 of other opportunities. The school system hired approximately 90 new teachers for the 47 school year. 48 He made reference to the 20th day membership figures and said that right now 49 CHCCS is 123 students below the State's projection. 50 He made reference to the letter that was sent to Chair Foushee. There is an 51 update on Elementary School #11. He said that there was a successful public hearing in 3 1 Chapel Hill last night with the Town Council. There was no action taken, and CHCCS is 2 proceeding with the planning for this school. He would like to request a future 3 discussion with the Board of County Commissioners about its stance on the funding of 4 Elementary School #11. 5 Commissioner Gordon asked about the "other revenues." Superintendent 6 Pedersen said that this is local revenue, tuition for preschool, fees, forfeitures, ABC 7 funds, etc. 8 Commissioner Gordon asked about the CIP and the Carrboro High School Arts 9 Wing. She said that it looks like the appropriations add up to more than was needed, if 10 you count the $1.9 million. Superintendent Pedersen said that they first were told they 11 would get $1.9 million the first year and then again in 2010-11, for a total of 3.8 million. 12 When there was money left over after the first round, then CHCCS reapplied and 13 received a total of $4.1 million. The projection is $4.5 million. If there is money left over, 14 then the money can be applied to other projects. 15 Commissioner Gordon asked if any of these funds go to the Culbreth Science 16 labs, which have been inadequate for years. Superintendent Pedersen said that the 17 labs were on their list but he cannot give her a definitive answer as to when since it is in 18 the 10-year CIP and it is not one of the upcoming projects, because McDougle Middle 19 School also does not have an auditorium. 20 Commissioner Gordon said she had long been concerned about older schools 21 and would like to implement a systematic program to make older schools and newer 22 schools "substantially equivalent" to each other. Since OCS was already putting a focus 23 on middle schools, that would be a good place to start. She hoped that CHCCS would 24 also focus on middle schools, including improving the science labs. 25 Superintendent Pedersen said that it is not a matter of updating the Culbreth 26 science labs because they are too small. The lab classrooms would have to be built; it 27 would have to be new construction. 28 Chair Foushee said that this would have to be considered in the context of the 29 County's debt capacity. 30 Commissioner Jacobs asked if there has been any effort for a joint purchase of 31 science supplies between the two school districts and Commissioner Hemminger said 32 that it was too hard to coordinate, so each school district did it on their own. Lisa 33 Stuckey said that they would look into this and get back to the Board of County 34 Commissioners. 35 Commissioner Jacobs said that Frank Clifton had identified several areas of cost 36 saving measures between the two districts and the County. 37 Commissioner Gordon asked about the timeline to talk about Elementary School 38 #11 and Chair Foushee said that it should be added to one of the Board of County 39 Commissioners' agendas. 40 Lisa Stuckey said that they discussed in the school collaboration meeting about 41 adding this to a future agenda. 42 Lisa Stuckey expressed appreciation for the spring budget process and the clear 43 signals that were sent by the Board of County Commissioners. 44 45 2. Orange County Schools - Update of 2009-10 Budget 46 Anne Medenblek said that since she has been on this board, OCS has not come 47 to ask for any new schools and they do not see a need for any being built in the next 4-5 48 years. The dire needs are in the older schools -four are over 50 years old and there is 49 major work that needs to be done on these schools. She thanked the County 50 Commissioners for their past help with the OCS capital needs. 4 1 Superintendent Patrick Rhodes thanked the County Commissioners for their 2 support because it greatly dampened the impact of the State reductions on the school 3 system and the classrooms. He said that there is a revised version of the handout. He 4 made reference to page 6 and the State reductions. The reductions equate to 52 5 positions (30 custodians, 22 office staff, and some substitute positions). He made 6 reference to page 8, Attachment 2-d. The total State reduction was 11.9%. This 7 attachment shows the stabilization offsets that were used. The net reduction in State 8 funding after the Federal stabilization funds was $1.68 million, or about 4.2% reductions. 9 He said that OCS is planning on a $1.9 million reduction in funding going forward, and 10 this will be another year of difficult decisions. He feels confident that the classroom 11 instruction and classroom teaching core has been protected. As a result of stabilization 12 and reductions, OCS has 25 fewer positions in the district than it had last year at this 13 time. This is a combination of teachers, teaching assistants, assistant principals, office 14 professionals, etc. 15 Superintendent Rhodes said that he appreciates the Board of County 16 Commissioners' funding for capital projects. Funding has been received for the 17 auditorium at Stanford Middle School. It is a freestanding facility. Qualified School 18 Construction Bond funding was received of $1.55 million. The design is already drawn 19 out, which will greatly cut costs. He is anticipating $1.5 million for this facility for next 20 year through the same sources. This facility could be an excellent resource for the 21 community theater. 22 Regarding enrollments, there has been a spike. This is detailed in Attachment 2- 23 c. The projection was 7,007 and the 20-day membership number is 7,097. 24 25 Commissioner Hemminger pointed out that Cameron Park seems to be over 26 capacity and other elementary schools are way under capacity. Superintendent Rhodes 27 said that this is very possible. Overall, there is excess capacity. 28 Commissioner Jacobs said that he has not received any minutes from the school 29 collaboration meeting and Chair Foushee said that she will insure that the minutes go 30 out to all. 31 Commissioner Jacobs said that he would like to talk about equity in building 32 schools in the districts. 33 34 3. County Update on Outcome of 2008-09 fiscal year and Impacts 35 Paul Laughton made reference to page 9, which is Attachment 3-a. This shows 36 the revenue picture of FY 2008-09. He went through this table. The County received 37 97.6% of its budgeted revenue. The shortfall was about $4.4 million. He made 38 reference to page 10, Attachment 3-b, and pointed out that there is a downward trend in 39 non-property tax revenues. 40 Frank Clifton made reference to the property tax revenues and said that it does 41 not have to do with growth, but it is a reflection of the Board's tax policies. 42 43 44 PRELIMINARY 2008-09 GENERAL FUND EXPENDITURES ACTUAL PCT BUDGET EXPENDITURE S REMAINING USED Governing & Management $ 9,977,081 9,351,651 625,430 93.7% General Services 14,135,140 12,456,508 1,678,632 88.1% Human Services 39,760,968 35,796,408 3,964,560 90.0% Culture 8~ Recreation 3,807,215 3,453,425 353,790 90.7% Communit 8~ Environment 4,378,256 4,049,184 329,073 92.5% Public Safet 17,295,960 16,797,602 498,357 97.1% Education 64,722,715 64,722,715 0 100:0% Transfers 11,939,141 11,939,090 51 100.0% Debt Service Count 6,469,412 6,345,808 123,604 98.1 Debt Service Schools 19,760,051 19,668,121 91,930 99.5% TOTAL GENERAL FUND $192,245,938 184,580,512 7,665,427 96.0% ESTIMATED CHANGE IN FUND BALANCE Revenue $192,245,938 178,261,503 13,984,435 92.7% Expenditures 192,245,938 184,580,512 7,665,427 96.0% Decrease in Fund Balance $ - (6,319,009): 6,319,009 _ Total Fund Balance 6/30/08 36,454,369 Total Fund Balance 6/30/09 $ 30,135,360 Reserve for Encumbrance 1,200,000 Reserve for State Statute 9,600,000 Reserve for Inventory 180,000 _ 2008 ~ Available Fund Balance -_ _ -$ 19,155,360 -._....._25,803,324 .Available Fund Balance as % of Expenditures 10.4% 15.1% -- - -- ~ - - - _ _ -I-- -- _ _ - - -_ ___: - _ _ - _ , _ ---- Appropriated in Original - 2,000,000' ttUndesi Hated Fund Balance I $ 19,155,360 I_-- g ~ 23,803,_32.4 Undesignated Fund Balance as a% of 10.4% ~ 13.9% Ex enditures * The reserves are ve relimina estimates 1 2 Frank Clifton said that it is too early to project any firm numbers for next year's 3 revenue, but Article 44 will go away entirely next year. He said that it is good that both 4 school districts got stimulus funding, which is interest free, but it has to be paid back. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Chair Foushee made reference to #4 on page 11, "Loss of Reimbursement for Housing Misdemeanor Prisoners," and asked if the County budgeted for the number of federal prisoners. Frank Clifton said that there is an estimate, but he does not know what it is based on. He does not think the maximum has been reached. 4. Overview of Schools Adeauate Public Facilities Ordinance Planning Director Craig Benedict said that this is a quick refresher on the SAPFO because many board members were not on the respective boards in 1999 when SAPFO was thought of and in 2003 when it was adopted. Schools Adequate Public Facilities Ordinance (Schools APFO) Adopted July 2003 DEFINITION AND PURPOSE: OAn Ordinance of the county and towns Olnter-local memorandum of understanding with both school districts OMaximum extent practical, approval of new residential development OSynchronized with the availability of capacity APPLICABILITY: Two overlay districts were created; one for each school district Appropriate school board of education (BOE) and town and county participants COLLABORATIVE PROCESS TO IMPLEMENT SCHOOLS APFO: Over three years of monthly meetings Various partners Associated attorneys Choreographed through the Schools and Land Use Councils By the County Planning Department ELEMENTS OF THE ORDINANCE: TOPIC Standard Level of Service Elementary Schools 105% of Capacity Middle Schools 107% of Capacity High Schools 110% of Capacity ELEMENTS OF THE ORDINANCE TOPIC Standard Building Capacity 2003 NC Dept Public Instruction and updates Capital Investment 10-year Program Plan ELEMENTS OF THE ORDINANCE: TOPIC Standard Student Growth Rate Average 5 Different Projection Methods Student Generation Rate 2001 TISHLER STUDY 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ADMINISTRATIVE IMPLEMENTATION: oA Certificate of Adequate Public Schools (CAPS) computer program oTrack existing membership and capacity oTest for and log new development impacts against capacity levels oLocal governments approve feasibility OBOE staff confirms adequate capacity oCAPS certificate given to local government for final approval UNIQUE AND INTERIM CONDITION: Olnitialization: one school level in each school district was over the rated level of service OBoth schools programmed in the CIP OCAPS system starts OSuspended the adequacy tests until the new schools came on line FOUR ELEMENTS OF A SAPFO PROGRAM - Comprehensive Plan (public facilities planning) - Capital Improvement Program and Budget (finance) - Adequate Public Facilities Ordinance (regulation) - CAPS Management System (administrative) SIMPLE PROCESS oNovember 15 -receive actual numbers oBOCC accepts new numbers and restarts annual CAPS program oPlanners, Schools Technical Advisory Committee (PSTAC) develops report including new student projections (December, January) oUsed in budget process (December -March) oReport distributed to parties for comment and adopted by BOCC in Spring Craig Benedict said that there has not been a need in Orange County to defer development because of the SAPFO, but it has been very close. Commissioner Nelson asked about the process of having to defer development and Craig Benedict went through this. On November 15th, the school districts will provide actual student membership. If at that time, the actual numbers exceed the level of service capacity numbers in the annual reports, there will be no capacity for developments to come forward for approval. Commissioner Gordon asked about the effect on building capacity of the State changing the class size. Craig Benedict said that the State changed it a few years ago, and these numbers were not instantly put in the SAPFO. When the numbers were put into effect, it absorbed a lot of the capacity that was created by a new school. Superintendent Pedersen said that this year the original State budget had class size increasing, but the Governor's approved budget did not raise class sizes, but it mandated that class sizes in K-3 remain the same. Lisa Stuckey asked Craig Benedict about development projects in the pipeline and Craig Benedict said that there are not any large ones in either school district. There is more redevelopment in Chapel Hill. There is still some debate about mixed-use and purely residential development and when the SAPFO applies. Debbie Piscitelli asked about the growth rate in each school district over the last six years and also the County's growth rate in the last six years. 1 Craig Benedict showed a chart that tracks the growth rates. The growth in OCS 2 has been less than 1 %. The information is being tracked very specifically. 3 Commissioner Gordon said that in an economic downturn, this will be the first 4 serious test of SAPFO and the cooperative agreement between the County, the Towns, 5 and the school districts. She thinks that it is important to maintain the SAPFO. She said 6 that Orange County is the envy of other school districts because of this agreement. 7 Commissioner Jacobs agreed with Commissioner Gordon and said that he would 8 like to see some more analysis of the unintended consequences. He thinks that one of 9 the unintended consequences is that Orange County has some the highest property 10 taxes in the State. It also stops development, stops school impact fees, and affects the 11 County's revenue. He thinks it is a more complicated issue than the stakeholders have 12 come to terms with. 13 Commissioner Gordon said that she is pleased that the SAPFO spoke to the 14 building of new schools, but she is also concerned about the older schools. 15 Ted Triebel agreed with Commissioner Jacobs that there should be some type of 16 capital fair funding, which would be some type of formula between new construction and 17 the cost of maintaining old schools. He suggested having an ad hoc committee look at 18 this. 19 Commissioner Nelson agreed about creating some type of formula. 20 Lisa Stuckey said that if a group like this forms, then there should be a bus tour 21 of schools in both school districts. 22 Commissioner Jacobs suggested that the school collaboration group initiate an 23 approach to this idea. 24 25 5. ADJOURN FOR CLOSED SESSION 26 A motion was made by Commissioner Hemminger, seconded by Commissioner 27 Jacobs to adjourn into closed session: 28 to consider the qualifications, competence, performance, character, fitness, conditions of 29 appointment, or conditions of initial employment of an individual public officer or 30 employee or prospective public officer or employee"NCGS § 143-318.11(x)(6)" ; and to 31 "to consult with an Attorney retained by fhe Board in order to preserve the attorney-client 32 privilege between the attorney and the Board,"NCGS § 143-318.11(x)(3). 33 VOTE: UNANIMOUS 34 35 Valerie Foushee, Chair 36 37 Donna S. Baker, CMC 38 Clerk to the Board 39