HomeMy WebLinkAboutAgenda - 04-06-2010 - 4a ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 6, 2010
Action Agenda
Item No. 4-a
SUBJECT: MINUTES
DEPARTMENT: PUBLIC HEARING: (YIN) INo
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
February 16, 2010 BOCC Regular Meeting
February 22, 2010 Quarterly Public Hearing
March 4, 2010 BOCC Joint Meeting with the Board of Health (5:30pm)
March 4, 2010 BOCC Budget Work Session (7:00pm)
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
I DRAFT
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 February 16, 2010
7 7:00 p.m.
8
9
10 The Orange County Board of Commissioners met in regular session on Tuesday,
11 February 16, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, PVC.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
14 Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve
15 Yuhasz
15 COUNTY COMMISSIONERS ABSENT:
17 COUNTY ATTORNEYS PRESENT: John Roberts
18 COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Managers
19 Willie Best and Gwen Harvey, and Clerk to the Board Donna Baker(All other staff members will
20 be identified appropriately below)
21
22 !VOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
23 AGENDA FILE IN THE CLERK'S OFFICE.
24
25 1. Additions or Chanties to the Agenda
26 Chair Foushee pointed out the water supply level sheet and a graphic for item 4-d —
27 Classification and Pay Plan Amendment—Modify Classification.
28
29 Staff requested that item 4-g be deferred -- Public Safety Communications
30 Improvements. The Board agreed.
31
32 PUBLIC CHARGE
33 The Chair dispensed with the reading of the public charge.
34
35 2. Public Comments
36 a. Matters not on the Printed Agenda
37 Orange County Schools Superintendent Patrick Rhodes said that he was here to talk
38 about a great project called the Hands for Habitat Project. This is in cooperation with Habitat
39 for Humanity. This project began two years ago and students actually help build a Habitat
40 House. He introduced Executive Director of Habitat for Humanity, Susan Levy.
41 Susan Levy said that this is a groundbreaking project for OCS and Habitat for Humanity.
42 She said that they have built about five homes with this project. This joint project is located in
43 the Fairview Community in Hillsborough. Orange County is also a partner with this project.
44 She said that awareness about affordable housing has spread amongst students, teachers,
45 parents, and community leaders throughout the County. She said that they are looking forward
46 to working with OCS for many years to come on this project.
47 Patrick Rhodes said that the goal was for the students to build, landscape, fundraise,
48 etc., for this project and the occupants of this home are OCS graduates. In May, there will be a
49 dedication ceremony for the home. There has been a lot of Creative fundraising throughout the
2
1 community. He said that classrooms across the County used the Habitat curriculum to make
2 students aware of the important issue of affordable housing.
3 Caroline Compton is a fourth grader from Hillsborough Elementary and she read an
4 essay about her work with this project. She said that Habitat helps people that are living in
5 unsafe or unaffordable housing that may have no water or heat. She spoke about the
6 seriousness of poverty. She said that the whole fourth grade at Hillsborough Elementary raised
7 money for Habitat for Humanity. There was a basketball game with moms playing and dads
8 cheerleading for the school. There will also be a movie night for fourth and fifth graders to
9 watch the Pursuit of Happiness. The goal is for each classroom to raise $100, totaling $2,000.
10 The school has raised over$3,000 with all of the events. They will still work to encourage the
11 community to participate in Hands for Habitat.
12 Brian Voyce said that during the last municipal election in Carrboro he supported
13 Carrboro ETJ efforts to the release from the interference of urban planning of rural land uses.
14 He said that this was labeled as a publicity stunt. He said that it is not a publicity stunt and it is
15 a real issue. The underlying issue is important. He said that seeking fairness in government is
16 never a publicity stunt. He said that he had nothing to gain from supporting the ETJ
17 landowners and farmers in this County. For financial transparency purposes, he stated that he
18 does not make any money off real estate development and his only real estate interest in this
19 County is his home. He said that the County has developed a problem in that excess nutrients
20 flow off the southern urban County land into the Jordan Lake watershed. He said that Carrboro
21 has elected to handle this issue by trading off undeveloped ETJ land and the uses of ETJ land
22 for land within its OWASA service urban boundary. He asked about social justice and said that
23 there is no social justice in having rural land use by farmers governed by an urban authority and
24 not a rural authority. Also, the farmers and landowners in this area cannot vote for those
25 controlling their rural land use rights. He said that rural land use in a municipal ETJ should be
26 governed by the county and urban land use in a municipal ETJ should be governed by the
27 Town. He asked the County Commissioners to please listen to the farmers that follow him in
28 speaking.
29 Steven Crabtree presented a petition to remand Carrboro's ETJ Over Rural Properties
34 to Orange county. He read the petition
31
32 Petition to Remand Carrboro's Extra-Territorial Jurisdiction over Rural Properties
33 to orange county
34
35 To: The Town of Carrboro, North Carolina
36 Att: Carrboro Mayor Mark Chilton and Board of Aldermen
37 Carrboro Town Manager Steve Stewart
38 Chairperson Valerie Foushee and Orange County Board of Commissioners
39 From: The undersigned farm and land owners of Carrboro's Extraterritorial Jurisdiction (ETJ)
40 Date: October 27, 2009
41
42 Dear Sirs and Madams,
43
44 we, the undersigned rural farm and landowners who reside within and about Carrboro's ETJ,
45 and particularly those of us who reside within Carrboro's ETJ and its watershed Residential
46 zone, hereby require and respectfully request that the Town of Carrboro relinquish control over
47 ETJ and land and return development jurisdiction for it to Orange County government as soon
48 . as possible for so long as we do not seek to urbanize our real property, or as defined by
49 procedures set forth in Section 160A-360 of the North Carolina General Statutes.
50
3
1 We further request that this matter be placed on the respective agendas for discussion at the
2 next possible scheduled public hearings of both the Carrboro Board of Aldermen and the
3 Orange County Board of Commissioners, with an advance notice of at least two weeks. The
4 basis for our request is as follows:
5
6 Whereas, Carrboro's leadership repeatedly has claimed that it has no interest in
7 annexing our land; and
8 Whereas, Carrboro has no expertise in managing farms or rural land; and
9 Whereas, we believe that ETJ land should be governed by those who have experience
10 with governing farms and rural land, and not by an urban management principles and urban
11 land-use ordinances; and
12 Whereas, the application of Carrboro's land use ordinances to farms and rural land is
13 inappropriate and threatens our existence, our livelihood, our culture, our family life, and.overall,
14 our survival; and
15 Whereas, we believe that town policies foster continuing development of Carrboro's
16 urban area and, thus, increasingly pose threats to our land, livestock, and livelihood; and
17 Whereas, there exists no statutory mandate that requires Carrboro to govern the region
18 known as its ETJ; and
19 Whereas, we receive no benefits and do not seek benefits from Carrboro's urban
20 management; and
21 Whereas, we believe in the democratic process and inalienable rights guaranteed by the
22 U. S. Constitution and, as such, require the opportunity to elect those who govern our land and
23 the opportunity to serve on those elected governing bodies; and
24 Whereas, there is precedent for remanding development jurisdiction to counties from
25 municipalities; and
26 Whereas, North Carolina has adopted a Farm Protection Plan administered by the
27 NCDA; and
28 Whereas, Orange County's pending version has been described as "farmer friendly" and
29 was expected by year-end of 2009
30
31 We hereby request that Carrboro's leadership agree to relinquish development jurisdiction, as
32 above, and make a concerted effort to seek support for an approval of the above from the
33 Commissioners of Orange County at this time; that this effort be initiated in good faith by all
34 parties hereto by no later than November 15, 2009; and that an amendment reflecting this
35 change of jurisdiction be formally adopted and acknowledged in the Joint Planning Agreement,
36 and any and all other relevant legal resources or mechanisms as deemed necessary to ensure
37 acknowledgement and complete compliance by the governments of Orange County, Carrboro,
38 and Chapel Hill.
39
40 In the interim, we require that Carrboro cease to apply its urban land use ordinances to ETJ
41 land and farms for so long as we do not seek to urbanize our real property; and proceed
42 henceforth as if our land is presently governed by Orange County's ordinances from this day
43 forward, and not by Carrboro's LUO.
44
45 The Board received the petition.
46
47 Warren Womble spoke about the ETJ issue. He said that this has to do with financial
48 gain and the landowners are very concerned about their future and their land. He said that they
49 want their children to have a fair shot at an equitable value for their land when the time comes.
4
1 He asked the County Commissioners to support this request. He said that he would be glad to
2 be on a committee and do some research on this issue.
3
4 Cindy Shea spoke about the progress that UNC-Chapel Hill has made at integrating
5 sustainability across the institution in recent years. She presented the 2009 Campus
6 Sustainability Report. She said that sustainability addresses vitality, environmental quality, and
7 social equity issues. She said that they have identified over 200 courses that have
8 sustainability-related content. There is also a concentration in Sustainable Enterprise that 19%
9 of MBA students pursue. She said that they are trying to make education more affordable so
10 that everyone has access to a better life. There is a program that was introduced several years
11 ago that allows students from families within 200% of the federal poverty level to graduate debt
12 free. There have been 600 students to graduate from that program thus far. Regarding energy
13 and climate, there is a Climate Action Plan and it has pledged to become climate neutral by
14 2050. UNC has significantly improved the energy efficiency of the buildings—8% per square
15 foot since 2003--with an accelerated effort that was introduced in the fall that saved over $1
16 million in the last three months. There has also been a solar hot water system on a residence
17 hall as well as a photovoltaic system at the new Visitor Education Center at the Botanical
18 Carden. UNC has also significantly reduced its water consumption on campus--27% per
19 square foot since 2003. Just this year, a reclaimed water system was implemented. This
20 treated wastewater has been used as cooling tower makeup water, which is the largest use of
21 water on campus. This equates to avoiding the use of over 210 million gallons of potable water
22 each year because of the reclaimed water system.
23 Commissioner Pelissier thanked Cindy Shea for this information and said that the
24 County is in the process of implementing its comprehensive plan with the general goal of
25 sustainability and she hopes that the County could do something similar to this report.
26
27 Gordon Neville said that he is a cattle farmer and he spoke in support of the petition that
28 was submitted regarding the ETJ. He gave the history of this petition. He said that in June the
29 Planning Board was instructed to terminate all current and future discussions about farms, farm
30 issues, and the farm code. Can June 16'h, at a meeting of the Carrboro Board of Aldermen, four
31 events occurred simultaneously, which unanimously sought a protective farm code. These
32 events were: 1) A Planning Board member submitted a tent amendment; 2) There was a
33 petition from over 700 Carrboro citizens seeking a farm code for the ETJ farms; 3]Another two
34 dozen citizens from the ETJ sought a farm code; and 4) Twenty-five citizens, lawyers, land use
35 experts,erts, ETJ farmers, and landowners sought a protective code for the ETJ farms. Can August
36 25 , all of the aforementioned had disappeared and the existence thereof was denied. He said
37 that what the citizens are seeking is allowable under North Carolina law. He said that
38 provisions are in the best interests of the citizens of this County and they are within the County
39 Commissioners' power to enact. He asked that the terms and conditions specified in this
40 petition be honored as soon as reasonably possible.
41
42 Commissioner Jacobs said that he hopes that this ETJ issue will be referred to staff. He
43 would like to look at more materials and discuss this in more detail.
44 Commissioner Foushee asked the County Attorney to speak on information he has
45 already given out to the Board of County Commissioners. John Roberts said that North
46 Carolina statutory law says very little about ETJ going back from a town to a county. It says
47 that the municipality has to take action to turn over the ETJ to a county and the county has to
48 affirmatively accept that responsibility. Until Carrboro acts, the County Commissioners cannot
49 act on this and interfere in Carrboro's ETJ. He said that he would be glad to look at it further.
50 Commissioner Gordon asked to get information back from the Attorney.
5
1 A motion was made by Commissioner Gordon, seconded by commissioner Jacobs to
2 receive a summary from the County Attorney regarding what is being asked, what Carrboro's
3 position is, and what the county might do.
4 VOTE: UNANIMOUS
5
6 b. Matters on the Printed Agenda
7 TThese matters were considered when the Board addressed that item on the agenda
8 below.)
9
10 3. Proclamations/ Resolutions/Special Presentations
11 a. Presentation of the North Carolina 2009 Ernest B. Messer Award to orange
12 count
13 The Board received the North Carolina 2009 Ernest B. Messer Award from Dennis W.
14 Streets, Director of the North Carolina Division of Aging and Adult Services.
15 Dennis Streets said that he is here to acknowledge the Department on Aging. He said
16 that Ernest B. Messer became Assistant Secretary for Aging in the 1980's. He said that Mr.
17 Messer was recognized as a champion for aging and supported healthy aging and the N. C.
18 Senior Games. He presented this award to Orange County and the Department on Aging
19 because orange County was the first county to recognize the importance of aging and to
20 support a Department on Aging. Orange County also received this award in 2004. He said that
21 orange County is setting an example for the State. He presented the award to Department on
22 Aging Director Jerry Passmore and the Chair of the Advisory Board on Aging, Steve Lackey.
23 Jerry Passmore said that the three groups that made this happen are the Board of
24 county Commissioners, the Advisory Board on Aging, and the County Administration —county
25 Manager Frank Clifton, Assistant county Manager Gwen Harvey, and division heads Janice
26 Tyler, Kay Barrett, and Kathy Porter.
27
28 b. Resolution AcknowledgLna February 23 2010 as Spav Spa Neuter Day USA in
29 Orange „County
30 The Board considered a resolution officially declaring February 23, 2010, as "Spay
31 Neuter Day USA" in Orange County and authorizing the Chair to sign.
32 Animal Services Director Bob Marotto gave the background information on this item. He
33 said that February 23rd is known as Spay Day throughout the nation. He introduced Animal
34 Services Advisory Board chair Jean Austen.
35 Jean Austen said that this is part of the strategic orientation for educating the public on
36 spaying and neutering. She read the resolution.
37 A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
38 to approve a resolution officially declaring February 23, 2010, as "Spay Neuter Day USA"*in
39 Orange County and authorize the Chair to sign.
40 VOTE: UNANIMOUS
41
42 ORANGE COUNTY BOARD OF COMMISSIONERS
43
2010 SPAY NEUTER DAY USA RESOLUTION
44
45 WHEREAS, cats and dogs provide companionship to and share the homes of thousands of
46 individuals in Orange County; and
47
6
1 WHEREAS, spayed and neutered animals are less likely to have certain health problems or
2 exhibit certain undesirable behaviors that can create community-wide problems and use
3 community resources; and
4
5 WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange county hundreds
6 of thousands of dollars annually through animal control and sheltering programs aimed at
7 coping with the unwanted and homeless cats and dogs; and
8
9 WHEREAS, humane societies and shelters throughout the country have to euthanize
10 approximately four million cats and dogs each year, although many of them are healthy and
11 adoptable, due to lack of critical resources such as money, space, and good adoptive homes;
12 and
13
14 WHEREAS, the Animal Services Advisory Board and the Animal Services Department have
15 made correcting pet overpopulation a priority, and prepared Managing Pet overpopulation: A
16 Strategic plan for orange County, and
17
18 WHEREAS, the County has established a Community Spay/Neuter Fund to address the issue
19 of pet overpopulation in the county; and
20
21 WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been
22 shown to drastically reduce overpopulation; and
23
24 WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social
25 Services to offer "low cost" and "no cost" spay and neuter through The $20 Fix in Orange
26 County; and
27
28 WHEREAS, veterinarians, animal care and control organizations, national and local animal
29 welfare organizations, and private citizens work together each year to ensure the spaying or
30 neutering of thousands of companion animals through "Spay Neuter Day USA"; and
31
32 WHEREAS, veterinarians, animal care and control organizations, national and local animal
33 welfare organizations, and private citizens have joined together again this year to advocate and
34 support the spaying and neutering of companion animals on "Spay Day LISA 2010;"
35
36 Now, Therefore Be It Resolved by the Orange County Board of commissioners that February
37 231 2010 is declared "Spay Neuter Day USA", and the Board of County Commissioners calls
38 upon the people of the County to observe the day by having their own cats or dogs spayed or
39 neutered or by sponsoring the spaying or neutering of another person's cat or dog.
40
41 THIS THE 16th DAY OF FEBRUARY, 2010.
42
43 4. consent Agenda
44 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
45 to approve those items on the consent agenda as stated below, with the exception of item 4-g,
46 which was pulled at the beginning of the meeting.
47 a. Minutes
48 The'
Board approved the minutes from January 21 and 28, 2010, as submitted by the Clerk to
49 the Board.
50 b. Appointments— None
7
1 c. Motor Vehicle Propeft Tax Release/Refunds
2 The Board adopted a refund resolution, which is incorporated by reference, related to 44
3 requests for motor vehicle property tax releases or refunds in accordance with NCGS.
4 d. Classification and Pay Plan Amendment— Modifv Classification
5 The Board reclassified the Tax Assessor (Grade 29) to Revaluation Manager(Grade 19); and
6 reclassified the Deputy Revenue Director (Grade 22) to Revenue Collections Manager(Grade
7 24).
8 a. Contract Award for Architectural Services Link Government Services Center Phase II
9 The Board approved and authorized the Chair to Sign the contract engaging Corley, Redfoot,
10 Zack, Inc. as the Designer for Link Government Services Center Phase Il.
11 f. Contract Amendment for En-gineerina and Construction Administration Services for
12 Twin Creeks G ree nwa
13 The Board approved and authorized the Chair to sign the Contract Amendment not to exceed
14 $106,400 for contract Administration Services with coulter Jewell Thames, PA for the Twin
15 Creeks Greenway Project as required by North Carolina Department of Transportation as
16 Contract Administrator for American Recovery and Reinvestment Act funds.
17 g.. Public Safetv communications Im movements
18 REMOVED
19 The Board was to consider an allocation up to $112,400 from the Emergency Services Reserve
20 Capital Project to update and improve the Public Safety Communications infrastructure.
21 h. Fiscal Year 2009-10 Bud et Amendment#7
22 The'
Board approved budget, grant and capital project ordinance amendments for fiscal year
23 2009-10 for Health Department, Emergency Services, Solid Waste Enterprise Fund,
24 Department of Social Services, and Library Services.
25 L Addition of Subdivision Roads in Tuscany Rid a Subdivision to the North Carolina
26 De artment of Transportation Maintained Road S stem
27 The Board forwarded the Petition for Addition to the State Maintained System for subdivision
28 roads in Tuscany Ridge Subdivision to the North Carolina Department of Transportation; and
29 recommended the Board of Transportation accept those roads for maintenance as State
30 secondary roads.
31 L Addition of Subdivision Roads in Beaver Valley Subdivision to the North Carolina
32 Department of Transportation Maintained Road System
33 The Board forwarded the Petition for Addition to the State Maintained System for subdivision
34 roads in Beaver Valley Subdivision to the North Carolina Department of Transportation; and
35 recommended the Board of Transportation accept those roads for maintenance as State
36 secondary roads.
37
38 VOTE ON CONSENT AGENDA: UNANIMOUS
39
40 5. Public Hearin cis
41 a. Zoning Atlas Amendment(Rezoning)— Intersection of NC 54 and White
42 Cross Road (Davis)
43 The Board received the Planning Board recommendation on a rezoning petition
44 submitted by Mr. Vernon Davis to rezone a portion of a 4.7-acre parcel of property located at
45 the intersection of NC 54 and White cross Road and considered rezoning.
46 commissioner Yuhasz asked to be excused because of a conflict of interest with this
47 Mr. Vernon Davis.
48 A motion was made by Commissioner Hemminger, seconded by commissioner Jacobs
49 to excuse Commissioner Yuhasz from participating in this item.
50 VOTE: UNANIMOUS
8
1
2 Planner Michael Harvey said that this item is the culmination of a public hearing
3 regarding a rezoning petition submitted by Mr. Vernon Davis regarding this 4.7-acre parcel. He
4 made reference to the various minutes from the Quarterly Public Hearing and the Planning
5 Board relating to this item. Basically, Mr. Davis has an existing septic system and repair area
6 on an adjacent residentially zoned parcel of property. He is seeking to rezone that septic area
7 and recombine it with the Neighborhood-Commercial II zoned portion of the property because
8 he is worried that if the septic system fails he will not be able to replace it, and that is correct.
9 He is seeking to resolve a longstanding problem that is indicative of the White Cross area
10 where septic systems are located off-site or on residentially zoned portions of property. The
11 Planning Board has reviewed this item and recommended approval. The staff recommends
12 that this item be approved. The Manager's recommendation is to receive the Planning Board's
13 recommendation, close the public hearing, and to approve the petition.
14 A motion was made by commissioner Hemminger, seconded by Commissioner
15 Pelissier to close the public hearing.
16 VOTE: 6-0 (Commissioner'Yuhasz was excused)
17
18 A motion was made by Commissioner Hemminger, seconded by Commissioner
19 Pelissier to approve the rezoning petition by approving the Statement of Consistency
20 (Attachment 5) and approving the Resolution of rezoning petition approval (Attachment 6).
21 VOTE: 6-0 (Commissioner Yuhasz was excused)
22
23 b. Zonina ordinance Text Amendment -Article Nine 9 Si s-out Door
24 Advertising
25 The Board received the orange County Zoning ordinance relating to the regulation of
26 outdoor advertising (i.e. billboards) and considered a decision on the proposed text amendment.
27 Michael Harvey said that this ordinance amendment clarifies the County's limitations on
28 the regulation of billboards. He gave the history of this item. He said that this amendment only
29 indicates that in cases where there is a conflict that the local zoning regulations will be
30 preempted. This amendment in and of itself will not prevent erection of additional billboards in
31 any portion of the County where they are currently legal. The Planning Board unanimously
32 recommended approval. The Administration also recommends approval.
33 Commissioner Gordon made reference to the 2nd paragraph of Section 9.8 and said that
34 it should say, "the corresponding State/Federal law shall take precedence."
35 Commissioner Jacobs thanked staff for doing this. He said that he wants the staff to
36 address digital billboards. Michael Harvey said that staff will be looking into this and banning
37 digital billboards as well as requiring solar--powered lights for billboards.
38 A motion was made by Commissioner Gordon, seconded b y Commissioner Nelson to
39 receive the Planning Board recommendation, close the public hearing, and approve the
40 ordinance amendment contained within Attachment 2, with the amendment as stated above by
41 Commissioner Gordon.
42 VOTE: UNANIMOUS
43
44 C. Orancie Coun 's Pro osed 2010 Le islative A enda
45 The Board held a public hearing on Orange p legislative County's potential items for the
46 2010 North Carolina General Assembly Session and considered potential items for inclusion in
47 the agenda package and priority discussion with Orange County's legislative delegation.
48 commissioner Foushee said that this item is not much different than what the county
49 presented last year.
50
9
1 PUBLIC COMMENT:
2 Kenny Keel, Town Engineer with the Town of Hillsborough, requested that item #19,
3 Bio-solids Disposal, be removed from the legislative agenda because federal and state
4 regulations regarding bio-solids are already in effect and being enforced. Federal and state
5 regulators enforce the current rules and local municipalities and utilities further monitor these
5 rules. It is his understanding that Grange County does not have sufficient staff and funding to
7 take on this new responsibility. He believes that Grange County would be better served to
8 monitor and report problems to State staff for action rather than creating an additional
9 bureaucracy. He said that viable alternatives, both economical and effective, are needed
10 before going forward with additional regulations and restrictive and unnecessary clauses. He
11 said that if land application of bio-solids in Grange County is restricted beyond current state and
12 federal law, it could increase Hillsborough's disposal costs over 300%. He said that another
13 option is that a County commissioner or proxy could be given a seat on Hillsborough's Water
14 and Sewer Advisory Committee and similar committees and boards in other jurisdictions.
15
15 Frank Clifton said that the Director of OWASA has indicated the willingness to work with
17 the County on this issue.
18
19 Commissioner Yuhasz made reference to item #1 — Revenue options for local
20 government—and said that it contains a provision that he objected to last year and he still
21 objects to it. He said that it is not appropriate that voters in Dare county can make decisions
22 that would then apply to Grange county. He will vote against this whole package if this item is
23 included.
24 commissioner Gordon made reference to item #1 - Revenue options for local
25 government - and said that, except for the last sentence, this tracks fairly closely with what
25 TJCGG and NCACC has asked for. The overarching principle is that if any local government
27 has an option for a certain revenue source that other governments in North Carolina would have
28 the same option. She does not think it mandates that County government exercise this option.
29 She said that the last sentence might not be necessary. She suggested supporting what the
30 TJCGG and NCACC have supported.
31 Commissioner Foushee said that she supports that sentiment too and they have done
32 what they can do as it relates to a land transfer tax. She is okay with striking this language from
33 item #1.
34 Commissioner Jacobs said that the TJCOG does specify what is being taken out. He
35 said that it was fine to take out the last sentence, but TJCGG says, "seeks authority for local
36 government on a reasonable basis."
37 Commissioner Jacobs made reference to Mr. Keel's concerns and said that Grange
38 county does not have any interest in becoming a regulator so much as to try and gain more
39 control over where bio-solids are applied and how they are applied. He does not have any
40 confidence that the State is going to do a better job of regulation than local government. He
41 does not think that staff needs to be added to work with the local utility providers.
42 Commissioner Hemminger agreed with this sentiment.
43
44 Commissioner Foushee said that one of the recommendations is to determine the top 3-
45 5 priorities to push on the list.
45 The following were discussed as the top priorities:
47 - Bio-solids Disposal
48 - Hunting deer with dogs
49 - Alamance/Orange County line
50 - Financial help for counties or not taking away any more funds
10
1
2 A motion was made by Commissioner Pelissier to say that the top three priorities are
3 items 1, 2, and 3 and that these three items should be discussed: deer hunting with dogs, the
4 Alamance/Orange county line and bio-solids disposal. THERE WAS NO SECOND.
5 Commissioner Yuhasz said that items 8 (fire protection- additional state funding for
6 state-owned buildings) and 17 ( wastewater system classifications for volunteer fire
7 departments) both have to do with supporting local fire protection-efforts. He thinks it is
8 important to try and support this and get support from the legislators.
9 Commissioner Yuhasz said that deleting the last sentence on item #1 would not be
10 sufficient for him, so he would like to vote on all of the items except for#1.
11 A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
12 say that the top priorities are items 2 and 3; that the Board of County Commissioners generally
13 supports the resolution for bio-solids, action on the Alamance/Orange county line, and
14 legislation to ban deer hunting with dogs; and it also supports items 8 (fire protection- additional
15 state funding for state-owned buildings) and 17 (wastewater system classifications for volunteer
16 fire departments).
17 VOTE: UNANIMOUS
18
19 A motion was made by Commissioner Pelissier, seconded by Commissioner
20 Hemminger to support item #1 as one of the top three priorities, removing the fast sentence.
21 VOTE: Ayes, 8; No, 1(Commissioner Yuhasz)
22
23 Commissioner Gordon made reference to the Alamance/Orange County line and said
24 that as this is presented to the delegation, it should be offered as a draft because Grange
25 county is waiting on input from Alamance county. -She wants the legislators to know that
26 Grange County is working with Alamance County on this.
27 Commissioner Jacobs made reference to item #14— Carolina North Transportation
28 Funding —and suggested conveying this to UNC so that they know that it is of concern to
29 Grange County.
30 A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to
31 send a letter to the chancellor of UNC-Chapel Hill, indicating that Carolina North Transportation
32 is a high priority for Grange County.
33 VOTE: UNANIMOUS
34
35 8. Re ular A enda
36 a. Amendments to the EMS Franchise Agreement entitled "An ordinance
37 Requiatina Ememencv Medical First Responder and Rescue Service and Grantina of
38 Franchise and contracts to the Operators In the County of Oran-Cie"
39 The Board considered amendments to the EMS Franchise ordinance entitled, "An
40 Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue
41 Services and Granting of Franchise and Contracts to the Operators in the County of Orange
42 and authorizing the chair to sign.
43 Staff Attorney Annette Moore said that when they were last here on February 2"d, the
44 Board passed amendments to this ordinance, but there were things that were of concern.
45 There was a concern from the fire chiefs about the amendments and the ordinance, so now
46 there is an amendment that specifically excludes the fire departments. The first amendment is
47 to Section 2.4c, which would read: "A fire department in Orange County that by contract with
48 the County provides rescue and emergency services as provided by this ordinance." This sets
49 apart fire departments that the County contracts with from the EMS Franchise Ordinance.
11
1 There was also a concern that members of the Medical Advisory Committee did not
2 include a citizen. The second amendment is as follows for the citizen member of the Medical
3 Advisory Committee: "A resident of Orange County who is credentialed as an Emergency
4 Medical Service instructor and has demonstrated to the Medical Director they have knowledge
5 of Orange County's Emergency Services practice, procedures, and protocols, as well as the
6 Health Department Director."
7 Another concern was regarding due process. Staff brought back some language that
8 the public would know that there would be a public hearing. This is Section 16.6 and would be
9 amended to read: "The hearing shall be scheduled within two days of receiving notice of
10 appeal and shall be commenced within 10 days. The Franchisee may present evidence and
11 give oral testimony at the hearing."
12
13 Commissioner Yuhasz made reference to `c', and said that it should say"as defined by
14 this ordinance" rather than "as provided,"
15 Commissioner Jacobs asked if anyone on a rescue squad would be able to serve on this
16 Medical Advisory Committee. Annette Moore said that they would, but there is a potential for
17 conflict because if a case is being heard about a specific rescue squad, then the citizen/rescue
18 squad member would have to remove themselves.
19 Commissioner Jacobs said that the pool of people that would be qualified is very small.
20 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
21 to approve the amendments, with the change by Commissioner Yuhasz, to the EMS Franchise
22 Ordinance entitled, "An Ordinance Regulating Ambulance and Emergency Medical, First
23 Responder and Rescue Services and Granting of Franchise and Contracts to the Operators in
24 the County of Orange and authorize the Chair to sign.
25 VOTE: UNANIMOUS
26
27 b. Reorganization of Human Rights and Relations Functions Into the Housing
28 and Community Development Department
29 The Board considered approving the County Manager's recommendation to integrate
30 the Office of Human Rights and Relation functions into the Housing and Community
31 Development Department.
32 Frank Clifton said that the County is facing challenges on the organizational structure of
33 County government, and they need to insure that all of the important functions have a
34 sustainable future. The Human Rights and Relations Department has been a separate entity
35 and last year it was placed under the direction of the County Manager. There are two functions
36 — human rights and relations and women's rights. He said that he has tried to find similarities
37 throughout the County in order to merge some departments and he found similarities in these
38 two departments. He said that this department has had little or no oversight. This
39 reorganization would put four Human Rights and Relations employees under Tara Fikes and
40 one position focused on women's rights issues under the County Manager. He said that his
41 preferred process is to make sure to take advantage of all of the talents, expand opportunities
42 to provide partners, and make use of the resources to the best of the County's ability.
43 Housing and Community Development Director Tara Fikes said that there would be no
44 proposal to change any of the functions of the two departments.
45 Frank Clifton reviewed the recommendations. He said that there are a couple of
46 amendments to the by-laws of the advisory boards as it relates to personnel.
47
48 PUBLIC COMMENT:
49 Carolina Asurla is the current Vice-Chair for the Commission for Women (CfW) and she
50 said that the Commission for Women did not have much information coming forth tonight. She
12
1 said that she is concerned about these changes and how they could affect the Commission for
2 Women, the Human Relations Commission, and the Office of Human Rights and Relations.
3 She asked the County Commissioners to not support these changes, which she believes will
4 limit the responsibilities and effectiveness of the CfW. She said that after 34 Y ears the CfW is
5 still a necessary commission. She said that women and girls are still not equal to men and
6 boys and examples are everywhere. She said that she feels that this issue has already been
7 decided since one staff person has already been moved to the County Manager's er's office. She
8 said that the CfW and the HRC have been kept out of the loop on this matter. As far as she is
9 aware, no member of either commission was approached about the es.
10 ro osed changes.
p p g
Jennifer Frye said that she is the immediate past Chair of the Commission for Women.
11 She agreed with Carolina Asurla's comments. She said that she wrote an email to the County
12 Commissioners. She said that the CfW did not have much time to think about this or respond.
13 She agrees that some decisions do not require the input of volunteers, however, the
commissions were established with the direct purpose of getting citizen participation,
15 involvement, and input back to the government. It is important to recognize that these two
16 bodies are probably the most active in Orange County and involved in social justice issues and
17 issues that affect women. She also has concerns about transparency because the staff liaison
18 has always been involved. She thinks that the commissions could be stronger and serve their
19 functions better with better leadership and direction from County staff.
20 Shannon Jackson is the current Chair of the CfW. She said that she eagerly serves the
9 Y
21 CfW and has for over three years. She said that this is a unique forum. She said that the CfW
22 provides advocacy and community services to the entire County. Girl Talk is a mentorin
9
23 program that is very successful in the school system. She listed other community services.
24 She said that there are some very important issues to consider before moving forward with this
25 reorganization. She asked that the CfW be part of these negotiations. She is afraid that the
26 CfW will be disbanded. She asked that the County maintain the annual fundin g level in order to
27 keep with the mission. She said that if the CfW becomes part of an existing non-profit, then it
p ,
28 should not affect the capabilities in lobbying for women's issues and rights. She said that these
29 volunteers passionately and willingly dedicate themselves to Grange County to make it a better
30 place to live.
31 Bryant Colson is Vice-Chair of the Human Relations Commission. He said that many of �
32 his colleagues who wanted to be here could not be because of prior commitments and they did
33 not know about this until yesterday. He said that the HRC has had a lack of input into this
34 whole transition process. He said that with this 2010 society, the HRR department is needed
35 now more than before. He said that a lot of the Manager's recommendations have already
36 been implemented. He said that the Office of Human Rights and Relations has made a lot of
37 positive strides in the area of social justice and h
e hopes that these things do not go to the
38 wayside.
39 Patricia Muhammed is a member of the CfW. She said that she has utilized many of the
40 women groups in Orange County due to personal reasons. She understands the restructuring
41 but she wants to be able to have her voice still heard. She feels that it is a conflict of interest to
42 merge the HRR with the Housing and Community Development Department.
43 Richard Perry said that he lives in Carrboro and he likes the notion about volunteer
44 citizens helping to extend the work of paid staff and the Commissioners to be connections in
45 the community and to provide networks for gathering information. It makes him concerned that
46 a staff member would move into Housing and the Human Rights and Relations department
47 might be overlooked.
48 Marty Rosenblum is a member of the HRC. He said that none of the members had any
49 notice that this was under discussion. These are unique and valuable resources and any
50 changes should have broad debate. He said that the issues they discuss go beyond housing
13
1 and to collapse them into this department would be a mistake. He said that this is an unusual
2 and ironic way to celebrate Human Relations Month. He said that efficiency is important, but
3 this might not move the issues about civil rights, human rights, and women's rights forward. He
4 asked the Board to postpone any action on this recommendation until broad input has been
5 solicited.
6
7 Frank Clifton said that this is Orange County and there is no shortage of the public to
8 bring forth issues to the Board of County Commissioners, regardless of the organizational
9 structure. He said that some of the comments are correct in that staff did not solicit comment
10 from the boards since these are commissions the Board of County Commissioners appoints
11 and he wanted to bring this to the Board beforehand. He said that staff has spent a lot of time
12 on this internally and they wanted to make sure that they retain some flexibility.
13 Commissioner Nelson asked Frank Clifton to put this reorganization in context with other
14 reorganizations. He said that the last County Manager pursued reorganizations before she left
15 and Frank Clifton has continued to look at efficiencies.
16 Frank Clifton said that one of the issues is that there are many boards and commissions
17 that have overlapping responsibilities, without broader visions. He said that orange County
18 cannot continue to function as it has in the past unless citizens want to support it through higher
19 taxes. He said that, in the end, the County Commissioners are responsible for County services.
20 The input by the boards and commissions is important, but in the end, the County
21 Commissioners are responsible for the outcome.
22 Commissioner Pelissier said that there is concern about subsuming functions into
23 another department and she said that the Manager's Memo states that this is an integration of
24 functions. She said that they may need to change the name of the Housing and Community
25 Development Department because the point is to integrate the two functions and not squash
26 the function of the Human Rights and Relations department.
27 Commissioner Yuhasz said that he appreciates the passion that volunteers brought
28 forward, but he wanted to address the verbiage of volunteers using the words our staff". He
29 said that these are the County's staff and not the boards and commissions' staff.
30 Commissioner Jacobs said that he appreciated what the Manager is trying to
31 accomplish and he said that the changes in the by-laws are overdue. He thinks that the way
32 this has come forward is unfortunate. He said that the Board of County Commissioners is
33 going to meet on Friday to talk about boards and commissions and to have this just spring up
34 out of the blue for people that have been dedicated is not the way that Orange County
35 government should work or has worked. He agreed with Commissioner Pelissier that there
36 needs to be a different name for Housing and Community Development to make it clear that
37 this is the place where someone would go regarding concerns about social justice. Also, he is
38 not clear that there is going to be a person or a place in that department that would deal with
39 the social justice issue. He said that these two boards and commissions should be able to
40 comment on these suggested changes before the Board takes action on this item. He said that
41 what distinguishes Orange County's government is that sometimes the County Commissioners
42 empower boards to challenge them. He does not want to take this out of the mix.
43 Commissioner Cordon thanked the public for speaking and said that boards and
44 commissions provide valuable services. She said that there are two issues—reorganization of
45 County departments and what happens to these two boards. She said that since they are
46 having a retreat on February 19th it is premature tonight to make decisions about any boards
47 and commissions. She said that you cannot see the social justice and human rights function in
48 the housing department reorganization chart. There are overlaps in the area of housing and
49 human rights and relations, but there are other things that the HRR and CfW do that are not
14
1 involved in housing. She would like to defer the discussion of the role of the CfW and the HRC
2 to the retreat. She would also like to solicit advice from the boards and commissions.
3 Commissioner Pelissier said that there is a feeling that she has heard from other
4 members of boards that if a certain board might be integrated to another board, then it means
5 that nobody cares about that function. She said that this is not the case. She said that she
6 highly values what the boards and commissions have provided and she hopes that the input
7 continues.
8 Chair Foushee said that the County Commissioners are grateful that the boards and
9 commissions members came out to speak on this issue and they have represented their
10 colleagues. She said that it seems the County can move forward on the reorganization of the
11 departments, but defer the discussion on boards and commissions until February 19tH
12 Commissioner Hemminger said that some of the by-laws could be changed with the
13 exception of meeting dates. She also thanked the board members for the emails.
14 Commissioner Nelson said that he does not want to completely walk away from the
15 Manager continuing to investigate whether or not a non-profit would be a reasonable solution
16 for managing the services.
17 Frank Clifton said that Orange County works with many non-profits and many of the
18 County departments have grant opportunities and contracts for services with a lot of non-profit
19 agencies. He said that there are a lot of agencies that could probably be the advocate in
20 certain areas. He said that the County has to be very careful in the roles that it takes in
21 advocating various issues that may be better served by a spokesperson in the private and non-
22 profit sector.
23 Commissioner Nelson said that one of the projects the Commission for Women has set
24 up is the Shelter Workgroup. He said that County government cannot start a shelter and it has
25 to come from a non-profit. He said that figuring out a way to partner with a non-profit to deliver
26 these services might be a smart way to meet this goal of shelter services for women.
27 Commissioner Jacobs agreed with Commissioner Nelson and said that he appreciated
28 the Manager's comments regarding the role of County government. He said that it is important
29 to include in the conversation the boards and commissions that may be affected because they
39 have experience and have researched these issues.
31 Commissioner Gordon said that she would like to vote separately on authorizing the
32 Manager to pursue negotiations.
33 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
34 to:
35 - Approve the new organizational structure integrating the functions of the Department
36 of Human Rights and Relations with the Department of Housing and Community
37 Development (Attachment 1);
38 - Authorize the Director of Housing and Community Development, as Human
39 Relations Commission staff, to enforce the Civil Rights Ordinance;
40 - Authorize the County Manager to investigate negotiations with qualified non-profits
41 for services encompassing the advocacy function now provided via County staff
42 related to the Commission for Women;
43 - Approve reclassification of the Human Rights and Relations Director (Grade 27)to a
44 Grant Compliance Specialist (Grade 19), and remove the Human Rights and
45 Relations Director classification from the Salary Plan; and
46 - Amend the bylaws of the Human Relations Commission and the Commission for
47 Women to reflect the changes created by the reorganization as provided in
48 Attachments 2 and 3, excluding the section on the meeting times.
49
15
1 Commissioner Jacobs asked for a friendly amendment to address renaming the 2 department.
3 Frank Clifton said that this would robabl p y happen anyway. He said that the County
4 could not initiate an inquiry into what it does through its own operations.
5 g p
6 VOTE: Ayes, 5; Nays, 2 (Commissioner Jacobs and Commissioner Gordon)
}
8 Frank Clifton said that he would try to do a better job of communicating
9 and commissions.
t g with the boards
10
11 7. Reports-NONE
12
13 8. Countv Manager's Report
14 NONE
15
16 9. Board comments
17 Commissioner Gordon said that the Transportation Advisory Committee for the Durham-
18 Chapel Hill-Carrboro Metropolitan Planning Organization had met recently. She highlighted tha
Y t
19 they reviewed the stimulus funding and Orange County projects are on track. There was an
20 announcement that there may be a second round of stimulus funds. If so it would come
quickly. She asked the Board to ask the staff to research this and prepare a p lan of action if
22 there is more stimulus funding and what projects could be done. The Board agreed to ask th e
23 staff to do this.
g
24 Commissioner Cordon asked to set aside a ortion of the agenda p g sometime this spring
25
to talk about the County financial plans for transit. Chair Foushee has been involved in the
26 leadership discussions and the plans are getting more and more firm.
27 Commissioner Yuhasz— none.
28 A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to
29 put the County's financial plans for transit on the Board of County Commissioners' agenda
30 sometime this spring.
31 VOTE: UNANIMOUS
32
33 Commissioner Pelissier said that she has been thinking about the County's funding for
Y g
34 outside agencies. She said that the Human Services Advisory Committee is trying in out a new
35 ranking system. She said that there are eight or nine new organizations that will be submitting
36 proposals to the County. She is concerned about this because there is not od guidance to
g
37 the people doing the ranking system about what the priorities are.
38 A motion was made by Commissioner Pelissier, seconded by Commissioner
39 Hemminger to have a discussion about how to prioritize and give guidance for makin g decisions
40 about nonprofit funding.
41 VOTE: UNANIMOUS
42
43 Commissioner Jacobs said that in the pending items it does not mention an update on
44 where there are defibrillators in buildings. Also, he said that there are a few things in the
45 Manager's Memo that are worthy of press releases. For example, there is now a mobile shelter
46 facility for pets in case of an emergency. Also, there is a huge increase nationwide in food
47 stamps.
48 Commissioner Jacobs said that the surveys of those that attended the Agricultural
49 Summit were very favorable.
16
1 Commissioner Hemminger said that the Intergovernmental Parks Work Group has a
2 neat project that will be brought forward about hooking up all of the different parks and
3 recreational abilities on the GIS system.
4 Commissioner Hemminger said that she would like some clarification of where they are
5 on Granicus, the streaming video, as far as putting it on the website for citizens to use.
6 Clerk to the Board Donna Baker said that this is only available at the Southern Human
7 Services Center since there is not yet a permanent facility in Hillsborough for meetings. Staff is
8 working with IT. If the County Commissioners decide to stay at the Social Services facility for
9 the rest of the year, IT may be able to put in the same equipment there. There are some kinks
10 to be worked out. The goal is to have it on the website in March. She clarified that only the
11 regular meetings would be on this and the budget work sessions would not be there.
12 Commissioner Foushee said that said she met with the Mayors yesterday and they
13 focused on Assembly of Governments meetings and increasing the effectiveness. The plan is
14 to ask the Managers, once topics have been identified, to work together to come up with
15 recommendations so that the discussions are focused. Also, once the topics are identified, the
16 plan is to disseminate them to the boards for discussion, if needed.
17 chair Foushee said that she met with Carlo Robustelli, who has been appointed the
18 Director of Orange County operations for Durham Technical Community College. He will
19 promote the programs of Durham Tech in Orange County and advocate for the orange County
20 campus in Durham and in Raleigh. She said that she hopes that there will be a presence from
21 Durham Tech in the school systems. She said that he also wants to be an integral part of
22 economic development in Grange County.
23
24 10. Appointments
25 a. Oran e-Person-Chatham Area Pro rams Board -- New Appointment
26 The Board considered making new appointments to the Orange-Person-Chatham Area
27 Programs-Board.
28 Commissioner Pelissier pointed out that Donna Baker was one of the applicants. She
29 said that she spoke with Donna Baker about this and Ms. Baker said that she had applied
30 because there were no Consumer/Family Members applying. Commissioner Pelissier said
31 there is not a specific policy about appointment of staff to various boards and commissions.
32 She suggested dealing with this during the retreat.
33 Donna Baker said that there have been a multitude of PSAs for the vacancies on this
34 board and no one had applied. She thinks that this is something the Board should discuss
35 regarding the policy about staff serving on boards and commissions.
36 Commissioner Hemminger suggested filling one or two of the slots and keeping the
37 other one open for this discussion.
38 A motion was made by Commissioner Hemminger, seconded by commissioner Gordon
39 to appoint Mary Kay Corr to a term expiring December 31, 2011.
40 VOTE: UNANIMOUS
41
42 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
43 to appoint Megan Edwards to a term expiring December 31, 2011.
44 VOTE: UNANIMOUS
45
46 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
47 to defer the other appointment to this board until after the discussion about staff serving on
48 boards and commissions.
49 VOTE: UNANIMOUS
50
17
1 11. Information Items
2
3 February 2, 2010 BOCC Meeting Follow-up Actions List
4
5 12. Closed Session-NONE
6
7 13. Adiou rnment
8 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
9 adjourn the meeting at 9:55 p.m.
10 VOTE: UNANIMOUS
11
12 Valerie Foushee, Chair
13
14 Donna S. Baker, CMC
15 Clerk to the Board
15
1
1 DRAFT
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 ORANGE COUNTY PLANNING BOARD
6 QUARTERLY PUBLIC HEARING
7 February 22, 2010
8 7:00 p.m.
9
10 The Orange County Board of Commissioners and the Orange County Planning Board
11 met for a Quarterly Public Hearing continuation meeting on Monday, February 22, 1010 at 7:00
12 p.m. at the Central Orange Senior Center in Hillsborough, NC.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
15 Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadefte Pelissier, and Steve
16 Yuhasz
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEY PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the
20 Board David Hunt (All other staff members will be identified appropriately below)
21 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford and members May
22 Becker, Mary Bobbitt-Cooke, Pete Hallenbeck, Tommy McNeill, Earl McKee, Jeffrey L. Schmitt,
23 and Larry Wright
24 PLANNING BOARD MEMBERS ABSENT: Samantha Cabe, Mark Marcoplos, Judith
25 Wegner, and Rachel Phelps Hawkins
26
27 A. OPENING REMARKS FROM THE CHAIR
28 Chair Foushee called the meeting to order at 7:04 PM and asked everyone to observe
29 the public charge.
30
31 B. PUBLIC CHARGE
32 The Chair dispensed with the reading of the public charge.
33
34 C. PUBLIC HEARING ITEMS
35
36 1 Zoning ordinance and Atlas Amendment and Comprehensive Plan — Land Use
37 Element Text and Map Amendment: To receive public comments on proposed text
38 amendments to Section 4.2.27 (Watershed Protection Overlay Districts) and Article 22
39 (Definitions) of the Zoning Ordinance and Chapter 5 of the 2030 Comprehensive Plan—Land
40 Use Element. Application of the revised text will result in changes to the Zoning Atlas and
41 Land Use Element Map. The purpose of the amendments is to:
42 A. Revise the Watershed Protection Overlay Districts pertaining to"Critical Area."
43 B. Revise and add definitions pertaining to watersheds, critical area, and water supply
44 reservoirs.
45 C. Use best available technology to map wriften descriptions of Watershed Critical Areas.
46 D. Correct general typographical errors in Section 4.2.27.
47
48
2
1 Planning Director Craig Benedict made a PowerPoint presentation and made an
2 introduction of the notices. He said that for the people that received a p ost card, there will be no
3 changes to their land. of the other people that were noticed, about ago eo le were notified
p p
4 that they could be potentially included in the new critical area and about 300 eo le were
p p
5 notified that they would be excluded based on the new definition.
6
7 Upper Eno Watershed Critical Area Amendments
8 [quarterly Public Hearing
9 February 22, 2010
10
11 What's Being Proposed?
12 - Zoning ordinance Text Amendments
13 o Criteria used to designate Critical Area
14 o Definitions
15 - Comprehensive Plan Text Amendments
16 o Ensure consistency
17 - Zoning Atlas (map) and Comprehensive Plan Land Use Element Ma p Amendments
18 o Depiect new definitions/criteria with a redefined overlay map
19
20 Why change?
21 - Efland-Mebane Small Area Plan calls for re-evaluation of Seven Mile Creek area
22 - Zoning ordinance Text and Atlas need to match
23 o Present Atlas does not match text in some areas
24 o Can lead to disputes
25 - Potential reservoirs protected in 1994 are no longer suggested
26 - Focused economic development growth areas
27
28 Proposed Criteria
29 - Based on straight-fine distances:
30 o From normal pool elevations of reservoirs (Class I and Class II)
31 o From centerline of third order and higher streams for a specified distance
32 - Excludes areas designated as "Transition Areas" (i.e., growth areas) on the
33 Comprehensive Plan Land use Element Map
34
35 Rationale for change
36 - Town of Hillsborough has built its West Fork reservoir. Future Phase If is permitted
37 - No plans by Town or County for additional reservoirs so delete language
38 - Clarify that there are State-Required and County-Designated Critical Areas (same
39 regulations—density, lot size, impervious surface)
40 - Removes from "critical Area" designation lands in Efland area designated for
41 growth/economic development
42
43 Why change? (continued)
44 - Continue to protect:
45 o Water quality
46 o Headwaters
47 o Fragile water supply
.48 o Groundwater resources
49 o Aquatic environments
50 - Remove text-map Conflicts
51
3
1 Applying Proposed criteria
2 Results in:
3 o Some areas being removed from County-Designated Critical Area -1,154 acres
4 (change from "Critical Area" to "Protected")
5 o Some areas being included in County Designated Critical Area (+2,274 acres)
6 - ■ (change from "Protected" to "critical Area")
7 o Net increase in Critical Area of 8% (1,120 acres)
8 critical Area is approximately 14,000 acres
9 o Entire Upper Eno watershed contains 38,500 acres
10
11 Differences Between "Protected" and "Critical Area"
12 - Most significant differences are:
13 o Maximum Density
14 ■ critical Area: 1 unit per 2 acres (sometimes not achievable due to soil
15 limitations and septic requirements)
16 ■ Protected Area: generally 1 unit per 1 acre (but often not achievable)
17 o Impervious Surface Limits
18 ■ Critical Area: 6% and/or Sliding Scale
19 ■ Protected Area: 12%
20 o Table is Attachment 8 of packet
21
22 Countywide Impervious Surface Limits
23 A surface composed of any material which impedes or prevents the natural infiltration of water
24 into the soil. Such surfaces include all concrete, asphalt, and gravel surfaces. These include,
25 but are not limited to, streets and parking areas, sidewalks, patios, and structures which cover
26 the land.
27
28 Property Values/Taxes
29 - Taxes based on property values
30 - Property values based on market values
31 o Determined by Tax Administration Department
32
33 Public outreach
34 - Website up and running February 5, 2010
35 - Public Information Meeting held February 17, 2010 (approximately 75 attendees)
36
j 37 Required Public Notification
38 - In accordance with Zoning ordinance:
39 o Legal ad in newspapers
40 o Notices mailed to affected property owners (approximately 655)
41 o Notices mailed to property owners within 500 feet of affected properties
42 (approximately 11010)
43 o Signs posted in strategic areas of affected areas (40 signs)
44
45 Recommendation
46 - Receive proposal
47 - Conduct public hearing and accept comment
48 - Refer to Planning Board for recommendation in time for the June 1., 2010 BOCC meeting
49 - Adjourn public hearing until June 1, 2010 in order to receive and accept planning
50 Board's recommendation (any comments after tonight must be in writing)
51
li
i
4
1 Commissioner Nelson arrived at 7:18 PM.
2
3 PUBLIC COMMENT:
4 Shu-Fai Fung has property in this area. He said that he wants Hillsborough to be his
5 future home. He is concerned about the market value of his property if this is approved. He is
6 worried about whether he can resell his land if the impervious area is,limited. He asked about
7 the 12% ratio.
8 Craig Benedict said that with this articular land he could o to 11%.
p � g
9 David Turner said that he has property—over 3 Y/ acres--that is in the protected area,
10 but it is to be transferred to the critical area. He said that the road easements that his neighbors
11 use to get in and out of their property will be countered against the 6% limit that applies_to his
12 lot. He thinks that they should be applied to the 6% limit of the neighbor's lots.
13 Craig Benedict said that if there are roadway easements that were part of a minor
14 subdivision, sometimes in the language of the subdivision it says, "where the impervious area is
15 assigned." He said that he would have to look at the roadway easements to see if there could
16 be a transfer of shared impervious surface.
17 Ben Lloyd said that Grange County has 18,060 acres of land in the critical area, which
18 has no public water or sewer, no commercial, and no industrial activity. He said that the intent
19 is to protect the water supply and he supports this. He has been on the Orange-Alamance
20 Water Board for 40 years and he is Secretary and Treasurer of the board. He said that Orange-
21 Alamance Water is noted throughout the State in having the cleanest, best-drinking water in the
22 State of North Carolina. He said that some of these areas are identified as the most potential
23 areas in the State for good economic development, which is needed in Grange County. He
24 owns some of this property in the critical area and he supports some of the changes that have
25 been made, but not all of them. He pointed out an area on the map around Eno River. He said
26 that the water flows away from the river and some consideration needs to be given to the way
27 the water flows rather than the way the crow flies. He also made reference to a three-acre tract
28 around the Efland exit, which is in the proposed critical area, but the water from there flows out
29 of the r critical area. He thinks that this should be removed from the critical area. He suggested
30 that the County use the stream flow rather than the half mile, and also, in the critical area, if
31 water and sewer is available, some development should be allowed because the water is much
32 more protected with water and sewer than with septic tanks.
33 Gordon Brown said that his farm is bordered on the north side by West Ten Road and on
34 the east by Mt. Willing Road. He said that his involvement began in 1970 when the stakes were
35 driven on his farm. He said that for the last 40 years, they have been in a state of some
36 uncertainty as to what would happen to this land. He said that he has tried to be a good citizen
37 about it. He said that it appears that there will not be a reservoir on this land. He asked the
38 County Commissioners and Planning Board to let it go and to not impose the proposed
39 regulations upon the land. He said that the water quality critical area that is there should be
40 released. He said that the four-mile stretch along Vilest Ten Road has become an area for
41 intense development, such as the proposed Buckhorn Village, Gravelly Hill Middle School, and
42 the soccer park. He said that orange County should not be wed to the planning concepts of
43 yesteryear. He thinks that the Planning staff has the knowledge and the guidance to get to
44 where the County needs to go. He disagrees that you cannot run water and sewer within the
45 water quality critical area.
46 Bob Lee said that he is concerned with where the County is going to get water in the
47 future. Lake Grange was dry two years ago. He suggested coming up with some more water to
48 supply the economic development zone other than Lake Grange.
49 Bill Few owns about 37 acres on the east side of Dimmocks Mill Road. He said that his
50 plan has always been to ultimately develop this land as a residential subdivision. He said that,
51 listening to the proposed regulations, he is overwhelmed by the impact of the implementation of
5
1 these regulations in this area. He said that the 8% impervious surface limits will render his
2 property totally undevelopable from an economic standpoint. He made reference to a research
3 paper that he came across that indicated that residential lots developed between Y2 acre and 1
4 acre have a range of 13-16% of impervious surfaces. The paper also indicated that there has to
5 be over 10% impervious surface before there is any measurable impact on water quality. He
6 sa i d that it seems that the proposed 6/ impervious
surface is unreasonable and unnecessary.
7 Joe Phelps asked if a house burned down if it would be able to be built back as the
8 same size that it was before it was changed into this new designation. He also asked what
9 would happen if there is a fuel leak or a chemical spill. He said that there are no plans and this
10 needs to be considered rather than changing a small area.
11 Jeremy Browner is currently not an Orange County resident or landowner, but he has
12 property under contract in orange County. He agreed with the comments about economic
13 development. He said that 1-85 is the best hope for the future for economic development. He
14 said that another million people are going.to be moving into the Triangle area in the next 10-15
15 years. North Carolina is the fourth fastest growing state in the country. He said that closin g this
16 off with this regulation is not allowing Orange County to grow the way it should be. He said that
17 Orange County has to be able to raise its commercial tax base.
18 Commissioner Yuhasz asked if there was input from Hillsborough or Orange-Alamance
19 Water on these designations. Craig Benedict said that staff has communicated with.the Town of
20 Hillsborough and the Town Board would like to provide some comments. There has been
21 dialogue over the last few years with orange-Alamance Water about protecting Corporation
22 Lake and the direction for future water sources.
23
24 A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon
25 to refer the matter to the Planning Board with a request that a recommendation be returned to
26 the Board of County Commissioners in time for the June 1, 2010 BOCC regular meeting.
27 VOTE: UNANIMOUS
28
29 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
30 to adjourn the public hearing until June 1, 2010 in order to receive and accept the Planning
31 Board's recommendation and any submitted written comments.
32 VOTE: UNANIMOUS
33
34 D. ADJOURNMENT OF PUBLIC HEARING
35 A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger
36 to adjourn the quarterly public hearing at 8.18 p.m.
37 VOTE: UNANIMOUS
38
39 Valerie Foushee Chair
40
. 41 Donna S. Baker, CMC
42 Clerk to the Board
43
1
1
2 DRAFT
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 JOINT MEETING WITH BOARD OF HEALTH
6 March 4, 2010
7 5:30 p.m.
8
9
10 The Orange County Board of Commissioners met for a joint meeting with the Board of
11 Health on Thursday, March 4, 2010 at 5:30 p.m. at the Southern Human Services Center in
12 Chapel Hill, N.C.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
15 Alice Gordon, Pam Hemminger, Barry Jacobs, Bernadette Pelissier, and Steve Yuhasz
16 COUNTY COMMISSIONERS ABSENT: Mike Nelson
17 COUNTY ATTORNEYS PRESENT: John Roberts
18 BOARD OF HEALTH: Dr. Anissa Vines, Chair; Chris Harlan, Vice- Chair; and BOH
19 members Dr. Paul Chelminski, Mike Carstens, Christopher Cooke, Tony Whitaker, and Jim
20 Stefanadis
21 HEALTH DEPARTMENT STAFF PRESENT: Health Director Rosemary Summers
22 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
23 Gwen Harvey, and Clerk to the Board Donna S. Baker(All other staff members will be identified
24 appropriately below
25
26 1.. Introductions
27 Introductions were made.
28
29 3. Messa a from Board of Health BOH chair
30 Anissa Vines, Chair of the BOH, said that they are here to bring to the Board of County
31 Commissioners' attention issues that are of concern to them in reference to public health issues.
32 She went through the great works within the Health Department and spoke of the
33 accomplishments of various staff. She said that Orange County has a lot to be proud of as it
34 relates to public health. She said that the Board of Health wants to have an engaged discussion
35 with the Board of County Commissioners.
36 Christopher Cook said that one of the challenges in public health is how to talk about
37 public health with the normal person who does not know the lingo. He said that they want to
38 think about health from a collective health perspective and not just individually and within the
39 family. He said that public health is a provider of last resorts for those who cannot afford
40 personal health providers. He said that the Board of Health sees resources in public health as
41 investments, such as prevention health measures, etc. He made reference to a handout that
42 shows that a $10 per capita investment over several years in a series of prevention programs
43 yields, In North Carolina's case, a return of 5.6 to the dollar invested.
44
45 3. Statistical U date from Department
46 Health Director Rosemary Summers made a PowerPoint presentation.
47
48 2008-2009 Year in Review
49 2009-2010 Progress
50 Overall Department Finances
51 a Final revenue and expenditures were $7,348,586 for the year (inc. grants)
2
1 *$456,509 in grant funded projects
2 *$2,120,785 in fees, reimbursements, state &federal
3 *County general fund supports 54% of budget
4
5 Comparative Funding Data 07-08
6 *Orange ranked 71185 health departments for per capita spending for public health
7 *Statewide average per capita was $62.40
8 *Orange was $43.93
9 *Local per capita spending for Orange was $38.39 and the average local per capita was $50.17
10 (ranking 57th)
11
12 Statistics-Dental
13 2008-09
14 * 4,175 patient visits in dental clinics & provided 12,830 services
15 -16% new patients
16 -46% sliding scale patients
17 2009-2010 (6 months)
18 02,064 patient visits & 5,850 services provided
19 -48% are sliding scale patients most at the 20% pay level
20
21 Statistics-Dental
22 *Number of patients-waiting for a dental appointment averages 52 a month in Hillsborough and
23 28 a month in Carrboro
24 *Twice as many children in Hillsborough are waiting for an appointment than in Carrboro
25
26 Statistics-Medical
27 •chapel Hill clinic (comparing 6 months)
28 -Prenatal patients increased from 36 to 68 (59%)
29 -Prenatal visits increased from 187 to 375 (100%)
34 -45% all prenatal patients are Hispanic and require language services (2 appointment
31 slots)
32 -58% increase in primary care
33 -89% self-pay patients in primary care are 0-20% pay
34 -DECREASED appointment slots available for other services because of the 2 slots
35 needed for interpreters
36 -338 patients unable to get same day appointments measured during a one month
37 period in fall 09
38
39
40 Statistics-Medical
41 *Hillsborough clinic (first six months)
42 -15% increase in sexually transmitted disease patients
43 --9% increase in primary care
44 -92% primary care self-pay are 0-20% pay
45 -Higher% patients have Medicaid in Hillsborough clinic
46 -115 patients unable to get same day appointments (measured in 4 week span in fall 09)
47 •Bath Clinics
48 -Overall 10% increase in self-pay patients (as opposed to Medicaid) in all clinic service
49 categories (child health famii lannin 9 � Y planning,
50 --Majority of self-pay patients are 0-20% pay
51
3
1 Communicable Disease (not STDs)
2 *25 patients with latent TB infections beginning 6 mo. directly observed therapy
3 *38 refugee communicable disease screenings
4 94375 seasonal influenza vaccinations (3x the usual number!)
5 *2256 H 1 N 1 vaccines given; 1 600 doses redistributed to other practices
6 *6 outbreaks; 1 product recall; H 1 N 1 response continues
7 *Cited by state for not having functional negative pressure room for collecting sputum samples
8 safely
9
10
11 Statistics-Environmental Health
12 *Food & Lodging software allowed better tracking of inspection of establishments
13 Achieving only 35% of inspections on time
14 -New or"changing" restaurants continue to require plan reviews
15 *Public swimming pool inspections
16 -New federal rules that required most pool owners to fix/install new drains and intakes
17 -Need to increase inspection frequency during the "season"
18
19 Statistics-Environmental Health
20 *Well and Septic Program
21 -Permits for all program areas were flat until October 2009 when the numbers started to
22 climb
23 -December numbers were at the 7-year average
24 -Wastewater treatment management program inspections still increasing
25 -Water testing requests remains stable over time
26
27 Any "Good News?"
28 •Received over$500,000 in grant funds already this year
29 *Teen Tobacco grant renewed until June 30, 2013
30 *Management Academy team completing business plan for diabetes self-management program
31 *Staff team selected to be trained in quality improvement techniques and apply to internal
32 project
33 *Healthy Carolinians received re-certification
34 *Staff members continue to win professional awards
35 *Orange County ranked 2nd healthiest county in state
36
37 Challenges
38 •More demand for services than can be provided with current staff in dental and personal health
39 *Reductions in Medicaid reimbursement required service consolidation for home visiting
40 services and re-assignment of staff
41 *Reductions in Medicaid reimbursement for dental services and for some medical services will
42 impact some revenues
43 *New Smoke Free Restaurant and Bar Law requires additional staff time
44
45
45 4. Issues Discussion for 2010-2011
47 a. Two-Service Center Model
48 b. Future Planninq for Facilities
49
50 Rosemary Summers said that the Board of County Commissioners has talked about the
51 two-service center model. She thinks that the intention was to have an open discussion.
4
1 Commissioner Yuhasz said that he has a foot in each board and he started with the
2 dental clinic. He said that the Board of County Commissioners does not want to lose services
3 that they have now and the Board of Health wants to put the resources to the best possible use
4 and these two are in conflict. He said that there are both efficiencies and health concerns
5 involved and there are political concerns involved and those two do not always lead to the same
6 conclusion.
7 Dr. Paul Chelminski said that, in a period of strained resources, the idea of focusing
8 energies at one center is more efficient. The most efficient center might be Hillsborough.
9 Anisa Vines said that the Board of Health gets complaints from the dental clinic in Carr
10 Mill Mall about not being able to get appointments or call backs. She said that they have talked
11 about the limitations of the dental clinic for the past 2-3 years. She said that there is not the
12 space or the resources to provide the services that are needed.
13 Commissioner Gordon said that if there is only one center in Hillsborough then people
14 will have to travel to get to the clinic in Chapel Hill. Chapel Hill and Carrboro have fare free
15 buses and there is a 420 bus service between Chapel Hill and Hillsborough. She said that the
16 geographical center is in Hillsborough but the population center is in Chapel Hill and Carrboro.
17 There is a part of the CIP to build a dental clinic at the Southern Human Services Center. She
18 said that it is a complex issue to have only one center since travel is the main concern. She
19 said that most people coming into Hillsborough will most likely be driving. She thinks that these
20 things have to be considered and transportation is the key issue.
21 Commissioner Hemminger asked about the expansion of moving into the other part of
22 the Whiffed Building and if this would enable them to increase services in Hillsborough and
23 Rosemary Summers said that the combination of the resources and the two clinics is what
24 would enable them to see more patients. It would be more efficient to have one site and they
25 could see more patients at the one site than they can at the two separate sites currently.
26 Commissioner Hemminger asked Rosemary Summers to walk through how someone
27 living in Carrboro could get an appointment at the Hillsborough dental clinic. Rosemary
28 Summers said that they schedule the appointments in one-hour slots and they.pretty much keep
29 to that pace. She said that the fact is that there are many more resources in the southern part
30 of the County for people to access than there are in the northern part of the County. This is one
31 of the factors taken into consideration in making the proposal to locate the service in the
32 northern part of the County.
33 Dr. Paul Chelminski said that unless there is a commitment to fund the ability to have
34 two sites and to get better quality equipment, then there cannot be two sites. He said that
35 something has to change because the dental school is not carrying its weight and Piedmont
36 Health cannot cover everyone else. He is very concerned about access to care.
37 Commissioner Jacobs said that the Board of County Commissioners discussed this at a
38 work session and there was a suggestion of surveying the users and seeing where they come
39 from and getting a better demographic picture. He said that this bleeds into the discussion of
40 whether or not to plan to build a dental clinic at the Southern Human Services Center. This has
41 been in the CIP. He asked if the Board of Health has discussed this.
42 Annisa Vines said that the Board of Health has talked about the extra footprint that is at
43 Southern, but the issue is complex (funding, why should it be at this location, etc.). She said
44 that staff is running ragged and it is a strain and not satisfying to patients.
45 Frank Clifton said that it has been pointed out that jurisdictions with a considerable
46 population and a considerable land area find it more effective to concentrate resources at some
47 location and make the best of it. He said that if you are going to have a double service, then
48 . you need to buy duplicate equipment and the County cannot afford that now. He said that the
49 County should not provide second rate service with second rate equipment. At this time, there
50 are two facilities, but only one is open at a time.
5
1 commissioner Pelissier agreed that they need to understand where the clientele is
2 coming from. She said that it is an assumption that the population is in Chapel Hill but the ones
3 with the most poverty are out in the County. She said that it may be good to look at other health
4 users and whether they need a one-stop shop with the human services.
5 Commissioner Yuhasz said that there is an apparent greater need in the Hillsborough
6 area. He said that he does not think that a consolidation in Hillsborough now should be read as
7 an abandonment of the two-service model. The County does not have any funds to build a new
8 facility but it could expand the current dental clinic at the Whiffed center site for the short-term.
9 He suggested consolidating it for the short-term and seeing how efficient it is and looking at how
10 to provide transportation to Hillsborough for those living in Carrboro and chapel Hill.
11 Chair Foushee said that it would seem that it is the County's responsibility to ensure that
12 the situation does not deteriorate. Her fear is that if they do not seriously look at how to be
13 more efficient, then the current situation will worsen.
14 Tony Whitaker said that he was shocked to learn the amount of money they were paying
15 for rent for the Carrboro dental clinic and it is not even used three days of the week.
16 Frank Clifton said that he met with the President of Durham Tech recently and he
17 brought up this subject about possibly partnering and having a joint-use facility with the
18 community college and health clinic facilities. The idea was floated for future reference and the
19 response was positive. He said that if UNC Hospital sites at Waterstone, this could really be a
20 partnership.
21 commissioner Gordon reiterated that they need to consider access for the people in
22 chapel Hill and Carrboro because 2/3 of the population is there and they pay 213 of the taxes.
23 She said that you cannot just consolidate in one area without thinking of the other areas.
24 commissioner Hemminger verified that the lease at Carr Mill Mall is up in October 2011
25 and they will need to pay out if they leave early. Rosemary Summers said that they could
26 vacate earlier if there was a sublease.
27 Commissioner Hemminger asked when a decision had to be made.
28 Frank Clifton said that staff is doing an analysis of where the clientele is and this may
29 help to determine the other variables such as transportation. He said that he would not let the
30 lease be the determination and he would go ahead and make the move if the county
31 commissioners agreed.
32 Commissioner Jacobs asked about the inadequacy of engagement of the dental school
33 and if the county has recently approached the dental school. Dr. Paul Chelminski said that the
34 Health Department cannot internally make referrals within UNC for dental patients with serious
35 issues because they have to have cash to be seen. He said that it is not part of the stated
36 mission of the dental school to be a safety net provider.
37 Rosemary Summers said that they did ask the dental school directly about partnering
38 with the county for services. There have also been discussions with Piedmont Health about
39 this. The dental school said that it would be glad to provide the services, but it would charge on
40 a dollar for dollar basis. This would be more expensive than how the Health Department
41 currently operates. Piedmont is considering this as an option, but it is still in discussion.
42 Chris Harlan said that she heard that Piedmont Health is only accepting patients with
43 insurance. This will have a huge impact on the safety net issue. As far as analysis, she said
44 that they need to look in the community and identify people who need dental services but are
45 not seeking them.
46 Anissa Vines said that the Board of Health selected two issues to discuss this evening, but
47 there are other needs. She said that they need to think short-term and long-term and
48 efficiencies. This is a very complex issue. She said that they do have a sense of urgency to be
49 responsive to the residents of Orange County as it relates to dental care and public health.
50
51
6
1
2 5. Closing Remarks
3 Annisa Vines.thanked the Board of County Commissioners for the opportunity to he here
4 tonight and to share the issues.
pP Y
5 With no further items to discuss, the meetin g was adjJ ourned at 7:05 PM
6
7
8 Valerie Foushee, Chair
9
10. Donna S. Baker, CMC
11 Clerk to the Board
I DRAFT
2 MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 BUDGET WORK SESSION
5 March 4, 2010
6 7:00 p.m.
7
8
9
10 The Orange County Board of Commissioners met for a budget work session on Thursday,
ay,
11 March 4, 2016 at 7:06 p.m. at the Southern Human Services Center in Chapel Hill N.C.
12 p '
13 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice
14 Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S.
18 Baker(All other staff members will be identified appropriately below)
19
20 1. Adoption of an Amendment to the Bond Resolution for the Approved Issuance of
21 General Obli ation Bonds to Refinance Countv Bonds Issued in 2001 and 2003
22 A motion was made by Commissioner Nelson, seconded by Commissioner Hemmin 9 er
23 to adopt the resolution, which is incorporated by reference, regarding the amendment to the
24 December 15, 2009 Bond Resolution to extend the maturities of the bond sale to refinance the
25 County's 2401 and 2003 bonds to December 31, 2022; and authorize and direct staff to take
26 the actions contemplated in such proceedings to complete the closing of the refundin g bond
27 issue.
28 VOTE: UNANIMOUS
29
30 2. Retirement Incentive Pro ram
31 Frank Clifton introduced the County staff that was present.
32 Human Resources Director Michael McGinnis said that he is here to discuss another
33 early retirement incentive program. As part of balancing the budget for 2009-2010, there was a
34 retirement incentive program and there were 150 eligible employees and they predicted that
35 about 37 people, or 25°/x, would apply for the incentive. Based on that, the savings were
35 predicted at $375,000. The Manager actually approved 46 positions for retirement and there
37 has been a savings of$800,000. This number is based on the positions that will remain frozen
38 and may be deleted. Because of the retirements, a number of departments had to look at the
39 services they provided and the need for the services. Several departments had to do some
40 reorganization.
41 He made reference to Attachment (2010 Orange County Retirement Incentive Program
42 description) and said that this year they are looking at another retirement incentive program that
43 will be similar to last year's, but more restrictive. Employees have to have a minimum of ten
44 years with the County to be eligible and they would need to retire by June 30, 2010. There are
45 about 18 people eligible with a potential for$375,000 of savings. Another change would be to
46 allow the Manager to exempt certain positions from being offered this incentive because some
47 positions could not be frozen for a long period of time. This would allow the Manager to review
48 the critical functions of the 91 eligible participants.
49 Commissioner Gordon said that it has been mentioned to have longer times for not
50 filling positions. In terms of County operations, it did have an impact last year on County
2
1 operations. She said that, although it saves money, there could be some adverse affects on
2 County operations.
3 Frank Clifton said that this will have an impact on County services but he wants to bring
4 a balanced budget. He said that some services he brings back will be reduced or deleted. As
5 they reduce staffing, when the Board of County Commissioners gives the staff items to do at a
6 Board meeting, the list will get longer, but it will take longer to do this. He wants to mitigate as
7 much as possible the affects to County services.
8 Commissioner Jacobs said that he does not want to take away jobs from people that
9 work for the County. He said that he would hope that the Manager will help the County
10 Commissioners provide a good level of service.
11
12 3. Bud et Related Staffing Discussion
13 Frank Clifton spoke about the functions of County government. He said that in the
14 departments there is some duplication of services. Roughly half of the budget goes to
15 education and the only place to substantially reduce County operations is through personnel
16 costs.
17 He made reference to the attachment with the vacancy report. Approximately 90+
18 vacant positions equate to about $3.3 million. He said that there is going to be a push for
19 Emergency Services employees. He said that the reality is that there will have to be a reduction
20 in about 80-100 positions. He said that if the Board of County Commissioners is committed to
21 bringing a balanced budget without a tax increase, then he will shoot for 100+ vacant positions
22 to be deleted. There will be some moving around of administrative staff to fill some of the
23 vacant positions without changing the salaries. If someone does not want to move, then they
24 will have to leave. He said that all departments will be involved. He said that Orange County is
25 not having as tough a time as some other counties.
26 Commissioner Yuhasz said that the $5 million has to come out of the County side of the
27 budget and he does not like this. He wants to look at both the County side and the education
28 side.
29 Frank Clifton said that he based this on the County side because he does not see the
30 County's total budget changing, but a shift in expenses. The reality is, unless there is an
31 agreement reached between the school boards, the total County budget will not change, except
32 where the money is spent and how it is spent.
33 Chair Foushee said that yesterday there was a school collaboration meeting and the
34 revenues will be the same this year as last year. If there are more students, then there is
35 already a reduction. She said that there should be an understanding that this will stretch across
36 the entire County.
37 Commissioner Yuhasz said that this is a reduction of services to the public and no one
38 entity should bear it all.
39 Commissioner Nelson said that he is supportive of this item and the previous item, but
40 he is concerned about the loss of institutional memory. However, with the reorganizations,
41 there have been more efficiencies. He is still supportive of no tax increase.
42 Commissioner Pelissier echoed Commissioner Nelson's comments. She appreciates
43 the approach of the Manager because she was afraid that they were going to have to lay off
44 staff. She likes the team approach to this situation.
45 Frank Clifton said that it is also his intent in the budget process to create an opportunity
46 to set aside some money and give a one-time incentive payment to employees if certain goals
47 are achieved to show appreciation.
48
49 4, Boards and Commissions - Next Steps
3
1 Chair Foushee said that the Board directed Commissioner Pelissier and her to meet with
2 the Clerk about these next steps and it was difficult but there are still some outstanding g
3 questions. She said that they e up with some questions for the Board of County
4 Commissioners, and to move through the issue of boards and commissions will involve a
5 process. The process is one that would require the County Commissioners to make some
6 decisions.
7 Commissioner Pelissier said that in December the Board decided not to make an
8 appointments to boards but man of the Y more
y e boards are handicapped from doing business and so
9 they would like to make appointments for statutory boards now and leave the others open.p One
10 of the questions is whether or not the County Commissioners want to have a liaison to the
11 advisory boards. Other places do this through a reporting mechanism such as a work Ian b
p Y
12 the boards and commissions. She asked what kind of reporting mechanism the Board wanted
13 and what kind of appointment process there would be for the County Commissioner liaisons.
14 Chair Foushee said that the Board needs to decide whether or not to allow the Clerk to
15 put the appointments up for the statutory boards.
15 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
17 to make appointments to the statutory boards.
18 Commissioner Yuhasz asked how many statutory boards there were. It was answered
19 that it was a small amount and not all of them have vacant positions. He said that he has
20 concerns about the application process because the applicants are not always clear. He said
21 that he is not interested in appointing for all of the statutory boards because each application
22 should have specific questions related to the boards.
23 Commissioner Gordon said that the Adult Care Home Community Advisory Committee
24 and the Nursing Home Community Advisory Committee are both listed as statutory boards.
25 She asked about the statutory boards and which ones are in fact statutory.
26
27 VOTE: UNANIMOUS (Commissioner Nelson was not in the roam) 6-0
28
29 Chair Foushee said that she and Commissioner Pelissier decided in principle to have
30 one person to represent the Board of County Commissioners on any board or commission.
31
32 Regarding the reporting mechanism, Chair Foushee said that there has to be a way of
33 recording what is actually happening at the meetings. This mechanism needs to be
34. determined.
35 Frank Clifton said that as the County reduces staff, the numerous boards and
36 commissions will have reduced staff support. He said that it may be best to have a board
37 member to record the board actions other than support staff. The other suggestion would be to
38 have these boards move to quarterly meetings rather than monthly meetings. In the end, these
39 are advisory boards and they have to keep records of their meetings.
40 Commissioner Yuhasz said that he would prefer to see fewer County Commissioner
41 liaisons on the boards and better reporting. This would allow the boards to make decisions
42 without the undue influence of a County Commissioner in the room.
43 Commissioner Pelissier agreed with Commissioner Yuhasz. She would like to have a
44 joint meeting with several advisory boards throughout the year. She agrees with not having as
45 many County Commissioner liaisons and having a better reporting mechanism.
45 Commissioner Hemminger said that the quick reports are good as opposed to minutes.
47 She said that for one board that she served on before becoming a County Commissioner, a
48 Councilmember was the liaison but did not attend meetings and they were to be called if the
49 board needed anything. She said that the board would come once a year to Council to report.
50 She also agrees with not having a County Commissioner liaison. She said that having a County
4
1 Commissioner on a board/commission changed the dynamics of what the board discussed and
2 how they discussed it.
3 Chair Foushee said that when County Commissioners attend board or commission
4 meetings, her thought has always been that if she is not a voting member, then her role is a
5 resource role only.
6 Commissioner Gordon said that if a Board of County Commissioners' member is there,
7 then the implication from this discussion is that it was a bad influence. She suggested just
8 getting rid of County Commissioner liaisons for the advisory boards that are totally advisory in
9 nature.
10 Chair Foushee said that she learned a lot about county government from being a liaison
11 to the boards and commissions. She does not know that she wants to give up being the
12 Commissioner that gets an opportunity to sit in meetings and hear what is going on and provide
13 insight and learn. She is not ready to say that they should not have liaisons for boards and
14 commissions.
15 Commissioner Jacobs said that all Commissioners have made good points. His concern
16 is similar to Chair Foushee's because of the learning aspect and developing relationships with
17 people that are interested in particular issues. He said that he has seen and heard that Board
18 members will dominate a meeting and in that respect, there are problems with how things are
19 set up. He said that he also knows of boards that go out and do surveys without the County
20 Commissioners knowing about it. He wants to be considerate in how the County
21 Commissioners communicate, whatever change is made.
22 Commissioner Hemminger said that since there are different types of boards, it is hard
23 to come to a consensus. There are different guidelines for each board and commission. She
24 thinks that there could be different sets of goals or guidelines for each grouping.
25 Frank Clifton suggested not having anyone appointed as liaisons so that anyone could .
26 attend these meetings. The County Commissioners could rotate attending the board meetings
27 each month and could pick which ones to attend.
28 Commissioner Yuhasz agreed with this, if the rotation could give an educational
29 component.
30 Commissioner Pelissier said that it is a huge workload to attend so many board
31 meetings. if the total amount of boards that each person has to go to is decreased, then the
32 community would be served a lot.better. She said that she liked the idea of not having a liaison
33 and rotating, but that may cause some board members to only go to the ones they like.
34 Chair Foushee said that it seems that there is consensus to have a reporting
35 mechanism template for each board and commission and this standard format can be
36 determined at a later time. This is for the internal boards and commissions and not the
37 statutory or external boards.
38 Chair Foushee asked that the Board talk about the issue of having a County
39 Commissioner liaison for these internal boards.
40 Commissioner Hemminger said that there would have to be a schedule where there
41 would not be a quorum of the Board of County Commissioners.
42 Commissioner Gordon suggested letting the Clerk know who was going to attend the
43 meetings and if four people show up, then the last one that showed up would leave.
44 A motion was made by Commissioner Gordon, seconded by Commissioner
45 Yuhasz that the Board of county Commissioners not assign a particular liaison to the
45 internal boards and commissions and that the County Commissioners will attend as they
47 wish and make sure that there are not four County Commissioners at any one meeting.
48 VOTE: UNANIMOUS
49
5
1 Donna Baker said that she would use the subcommittee to help with the attendance
2 process.
3
4 A motion was made by Commissioner Pelissier, seconded by Commissioner
5 Jacobs to ask the internal advisory boards to come up with a work plan every year, and
6 then at the end of the year, to tell the Board of County commissioners what has been
7 accomplished with a summary. commissioner Jacobs amended the motion that the
8 work plan should be consistent with the goals and objectives of the Board of county
9 Commissioners.
10 Commissioner Yuhasz said that he is concerned about heading off some good ideas
11 from advisory boards. Commissioner Jacobs said that "consistent with" is not the same as
12 "parroting".
13 - Frank Clifton said that all advisory boards need to understand that they are advisory
14 boards and the Board of County Commissioners is seeking input.
15 VOTE: UNANIMOUS
16
17 Chair Foushee made reference to page 12 (Advisory Board actions for consideration-at
18 the top), which was the list of advisory boards with potential changes. Frank Clifton reiterated
19 that these are "potential" changes.
20 Commissioner Gordon asked if the public would be involved in this process.
21 Chair Foushee said that the subcommittee found it difficult to move forward because
22 there was not a process. She said that none of this should be done without public input.
23 Frank Clifton said that some of his recommendations may take a year or more. He said
24 that where the boards have been created by resolution, they would have to be changed by
25 resolution.
26 Commissioner Yuhasz that some of these boards were discussed at the last retreat. He
27 said that before the County Commissioners make any decisions, they need to allow the
28 advisory boards to make some recommendations back as to their charge and if it is worthwhile
29 to continue with each boardlcom mission.
30 Commissioner Pelissier said that she does not want to ask every board what they think
31 their function is, but she would like to flag the ones that could be merged together. she wants
32 to know the pros and cons of the potential changes.
33 Commissioner Jacobs said that there is an argument that the Visitor's Bureau could be
34 spun off as a separate entity, but he wants to know the pros and cons. He made reference to
35 an email from the Commission for Women about the cons of having a non-profit take over the
36 role of operating the Commission for Women. He said that this was very useful.
37
38 Chapel Hill/orange County Visitors Bureau:
39 Commissioner Jacobs said that the County Commissioners should pose to the bureau
40 the question of whether it is not time for the Visitors Bureau to consider being an autonomous
41 entity and the pros and cons of that.
42 Frank Clifton said that he made this recommendation because there are two separate
43 hotel/motel taxes authorized and collected in Orange County. One goes to promote hotel/motel
44 tourism and the other one goes to support recreational services. He suggested partnering with
45 the other entity that has a hotel/motel tax (Chapel Hill) and equally sharing the costs of
46 promotion.
47 Commissioner Nelson said that this issue of Chapel Hill keeping part of these taxes for
48 other purposes is pretty significant. He suggested sending a letter to the Town Council asking
49 them to designate 100% of those funds for tourism.
6
1 Commissioner Jacobs said that the Visitor's Bureau is one of the most successful
2 economic engines that the County has and it is a very engaged
3 rou .
group.
A motion was made by Commissioner Nelson, seconded by Commissioner Pelissier to
4 ask the Chair to send a letter to the Chapel Hill Town Council regarding the hotel/motel
5 allocation.
9 9 tax
6 VOTE: UNANIMOUS Y
7
8 Commissioner Hemminger asked about Carrboro and Commissioner Nelson
said that it
9 has enabling legislation for a hotel/motel tax. She suggested talking o the Mayors a
g y bout this.
10 Commissioner Jacobs said to send a letter within the context of this discussion.
11 Chair Foushee suggested waiting until Carrboro has a hotel before approaching pp g the
12 Mayor about the allocation of taxes.
13 Frank Clifton explained how the taxes are collected for hotels and motels.
14 Commissioner Gordon said that the letter should be hrased within the context xtofthe
15 Chapel Hill/Orange County Visitor's Bureau discussion and the ros and cons of this
16 procedure.
p s allocation
17 Frank Clifton said that Orange County is using all of the Visitor Bureau's tax to ro
p mote
18 Chapel Hill/Orange County/Carrboro/Hillsborough tourism. The Town of Chapel Hill is
19 collecting roughly the same p
g g y amount as Orange County and is providing significantly less to
20 promotion. If it is a governmental function, then Orange County should take advantage of
that
21 and maybe use some of it for other functions such as recreational facilities.
22 Chair Foushee said that she would craft a letter for review b the Board of County
y
23 Commissioners members. It can be amended if it does not .'capture what should be said.
d
24 Basically, the County puts forward about $909,090 as opposed to $250,000 that Chapel Hill
II
25 contributes of the same tax collection. This is the issue.
26 Commissioner Nelson said that Chapel Hill is aware of this because the Visitors Bureau
27 talks about it every budget year.
28 A motion was made by Commissioner Jacobs, seconded b Commissioner Hemmin er
Y � ,
29 to solicit from the Visitors Bureau a response to the County's inclination to spin off as an
39 independent entity and to tell the pros and cons.
31 VOTE: UNANIMOUS
32
33 orange County Arts Commission:
34 Frank Clifton said that this is a unique situation because it is a department with one staff
35 person. This was created because there is some State grant money that comes in each Y ear
36 and there has to be a designated body to approve the distribution of those funds. The County
37 also provides a match for this function. His recommendation is to put money n for this function,
,
38 but there is some overlap within the County and he cannot justify this full-time p osition.
39 Commissioner Yuhasz said that it is not clear to him what the alternatives are and he
40 would like more information on this.
41 Commissioner Nelson said that he has some strong feelings that the arts p la Y a
42 significant role in economic development and he is not convinced that the arrangement is
43 currently working with economic development and the arts in Orange County. He wants to think
44 about this. Lots of governments use the arts as an economic development engine. He is not
45 interested in disbanding the department, but he would like to look at alternatives. The Visitors
46 Bureau could nurture the arts and this is an alternative worth looking at.
47 Chair Foushee said that this was going to be her suggestion too regarding the Visitors
g g
48 Bureau. She agrees that the arts do affect economic development.
7
1 Commissioner Jacobs said that the Visitors Bureau has discussed this with interest; but
2 to turn the Arts commission loose as a non-profit would be difficult. The Board of county
3 commissioners formed this department so it would not have to rely on non-profits.
4 Staff will communicate this to the Arts commission and the Visitors Bureau.
5
6
7
8 commission for Women:
9 Commissioner Gordon said that she is not ready to disband the commission for Women
10 as long as women make something like 70% of what men make and have other disadvantages.
11 She wants to continue this as a function. There can be better ways of doing things, but she
12 does not want to disband it.
13 commissioner Hemminger asked if it could be folded into the Human Rights and
14 Relations function. commissioner Nelson said that he has been liaison to both of these groups
15 and they like that idea better than going with a non-profit. He thinks that it could be a good fit.
16 Commissioner Pelissier said that the county commissioners should explore from both
17 boards and see how they could merge and complement each other.
18 Frank Clifton said that when boards are merging then people should forget the titles and
19 pay more attention to the people that are appointed. The big issue is not focusing on one
20 segment of society and looking at a broader segment of society.
21 Commissioner Pelissier said that she is concerned about advisory boards that render
22 services and that this sets a precedent. She was speaking about "Girl Talk."
23 Commissioner Nelson said that the Commission for Women should hear this question.
24 He said that the whole vision is to get something started and then to spin it off. They are doing
25 a couple of pilot programs in some schools. He said that the kids love it and the response from
26 parents is good. The hope is for the schools to take it over. There has not been much activity
27 lately in the Commission for Women, but now they are turning it around.
28 Commissioner Gordon said that, if there were a merger, then the title should change to
29 symbolize that it is a new group and that the Commission for Women was not sunset.
30 Commissioner Hemminger asked that the current members of the Commission for
31 Women would be allowed to fulfill their terms on the new commission.
32 The Board agreed to explore a possible merger of this with HRC after hearing the pros
33 and cons of it.
34
35 Economic Development commission:
36 Frank Clifton said that there are several functions like this in the county that talk but do
37 not collaborate.
38 Commissioner Yuhasz said that he is concerned that without a strong county presence,
39 there will not be economic development in the County. He would hope that the Grange county
40 Economic Development Commission would not be subsumed by chapel Hill or Carrboro.
41 Frank Clifton said that there needs to be a stronger partnership with the other entities.
42 Commissioner Jacobs said that this is another one of those areas where the County is
43 self-defeating. There are four economic development groups in Grange county. He said that
44 the first step is to bring all the parties together to discuss why it is not a functional system
45 because he does not know if Grange county's EDC even knows what its role is. He suggested
46 bringing in UNC also.
47 Chair Foushee said that basically this is about further study as to how to make what
48 Grange County has more viable and to bring together all parties together to establish the roles.
49 She said that an annual work plan could address a lot of these issues. She said that Durham
50 Tech is a great resource.
8
1 Frank Clifton said that they have had these discussions and people recognize that
2 Orange County has weaknesses.
3 . Commissioner Yuhasz asked who would start this process and Commissioner Jacobs
4 said that it could be brought up at an Assembly of Governments meeting. Also, the Managers
5 could be directed to discuss it. Another option would be to suggest a steering committee to
6 develop a plan. The Orange County Economic Development Director would make that
7 suggestion.
8
9 Adult Care Home Community Advisory Committee and the Nursing Home
10 Community Advisory Committee:
11 Chair Foushee asked if this was something that could be done— merging these two
12 committees--and Frank Clifton said that he would have to research this.
13 Commissioner Hemminger said to ask the same questions about the pros and cons.
14
15 Information Technology Advisory Committee:
16 Commissioner Yuhasz said that he had the ITAC discuss the possibility of the sunset of
17 this committee and the focus has been to a large degree on technical things. He thinks that
18 there should be a broader viewpoint on what information technology is and what it can bring to
19 the County. He thinks that the committee recognizes that it needs to provide advice along
20 those lines. There is a need for information technology advice. He said that the members do
21 not really know their charge or the history of the committee.
22 Commissioner Gordon said that, as technology has evolved, the County created this
23 committee to help with expertise since staff did not have that much expertise.
24 Commissioner Jacobs said that he strongly agrees with Commissioner Yuhasz and that
25 this committee should focus on emerging technologies. He also thinks that there should be
26 some association with the Economic Development function--either a subcommittee or joint
27 meetings periodically with the EDC.
28 Commissioner Yuhasz said that this committee is interested in continuing, but it needs
29 more focus.
30 Commissioner Gordon spoke in support of the emerging technologies focus.
31 Commissioner Pelissier said that the question is where this group belongs since the IT
32 Director is focused on internal technology functions. She suggested that it might belong more
33 under Economic Development.
34
35 Personnel Hearing Board:
36 Commissioner Gordon asked what this does and Frank Clifton said that it reviews
37 personnel decisions that the Manager makes and then advise the Manager.
38 Human Resources Director Michael McGinnis said that this board has met once in the
39 last ten years. It is in the Personnel Ordinance and it is the last step in a grievance process.
40 Chair Foushee said that she would feel uncomfortable if there was not a Personnel
41 Hearing Board.
42 Commissioner Yuhasz asked if it could be appointed as needed and Frank Clifton said
43 that there is a timing issue.
44 Commissioner Jacobs agreed with Chair Foushee.
45 Frank Clifton said that employees still have a process through the courts.
46 Chair Foushee said that this is not about the Manager, but about due process.
47 Commissioner Hemminger said that the County Commissioners could be the Personnel
48 Hearing Board.
49 Commissioner Nelson said that it would not be appropriate for the County
50 Commissioners to be the Personnel Hearing Board. Frank Clifton agreed.
9
1 Commissioner Pelissier said that she does not see how this board can help
p someone n
2 a grievance process since it is only an advisory board.
3 Frank Clifton said that there is due process for grievances.
4 Commissioner Jacobs suggested asking the board if it still needs to exist and the p ros
S and cons.
5
7 A motion was made by Commissioner Hemminger, seconded by Commissioner
8 Pelissier to adjourn the meeting at 10:04 PM.
9 VOTE: UNANIMOUS
14
11 Valerie Foushee Chair
13 Donna S. Baker, CMC
14 Clerk to the Board