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HomeMy WebLinkAboutMinutes 02-16-2010 APPROVED 4/6/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 16, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 16, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Foushee pointed out the water supply level sheet and a graphic for item 4-d — Classification and Pay Plan Amendment— Modify Classification. Staff requested that item 4-g be deferred — Public Safety Communications Improvements. The Board agreed. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Orange County Schools Superintendent Patrick Rhodes said that he was here to talk about a great project called the Hands for Habitat Project. This is in cooperation with Habitat for Humanity. This project began two years ago and students actually help build a Habitat House. He introduced Executive Director of Habitat for Humanity, Susan Levy. Susan Levy said that this is a groundbreaking project for OCS and Habitat for Humanity. She said that they have built about five homes with this project. This joint project is located in the Fairview Community in Hillsborough. Orange County is also a partner with this project. She said that awareness about affordable housing has spread amongst students, teachers, parents, and community leaders throughout the County. She said that they are looking forward to working with OCS for many years to come on this project. Patrick Rhodes said that the goal was for the students to build, landscape, fundraise, etc., for this project and the occupants of this home are OCS graduates. In May, there will be a dedication ceremony for the home. There has been a lot of creative fundraising throughout the community. He said that classrooms across the County used the Habitat curriculum to make students aware of the important issue of affordable housing. Caroline Compton is a fourth grader from Hillsborough Elementary and she read an essay about her work with this project. She said that Habitat helps people that are living in unsafe or unaffordable housing that may have no water or heat. She spoke about the seriousness of poverty. She said that the whole fourth grade at Hillsborough Elementary raised money for Habitat for Humanity. There was a basketball game with moms playing and dads cheerleading for the school. There will also be a movie night for fourth and fifth graders to watch the Pursuit of Happiness. The goal is for each classroom to raise $100, totaling $2,000. The school has raised over$3,000 with all of the events. They will still work to encourage the community to participate in Hands for Habitat. Brian Voyce said that during the last municipal election in Carrboro he supported Carrboro ETJ efforts to the release from the interference of urban planning of rural land uses. He said that this was labeled as a publicity stunt. He said that it is not a publicity stunt and it is a real issue. The underlying issue is important. He said that seeking fairness in government is never a publicity stunt. He said that he had nothing to gain from supporting the ETJ landowners and farmers in this County. For financial transparency purposes, he stated that he does not make any money off real estate development and his only real estate interest in this County is his home. He said that the County has developed a problem in that excess nutrients flow off the southern urban County land into the Jordan Lake watershed. He said that Carrboro has elected to handle this issue by trading off undeveloped ETJ land and the uses of ETJ land for land within its OWASA service urban boundary. He asked about social justice and said that there is no social justice in having rural land use by farmers governed by an urban authority and not a rural authority. Also, the farmers and landowners in this area cannot vote for those controlling their rural land use rights. He said that rural land use in a municipal ETJ should be governed by the County and urban land use in a municipal ETJ should be governed by the Town. He asked the County Commissioners to please listen to the farmers that follow him in speaking. Steven Crabtree presented a petition to remand Carrboro's ETJ Over Rural Properties to Orange County. He read the petition: Petition to Remand Carrboro's Extra-Territorial Jurisdiction Over Rural Properties to Orange County To: The Town of Carrboro, North Carolina Att: Carrboro Mayor Mark Chilton and Board of Aldermen Carrboro Town Manager Steve Stewart Chairperson Valerie Foushee and Orange County Board of Commissioners From: The undersigned farm and land owners of Carrboro's Extraterritorial Jurisdiction (ETJ) Date: October 27, 2009 Dear Sirs and Madams, We, the undersigned rural farm and landowners who reside within and about Carrboro's ETJ, and particularly those of us who reside within Carrboro's ETJ and its Watershed Residential zone, hereby require and respectfully request that the Town of Carrboro relinquish control over ETJ and land and return development jurisdiction for it to Orange County government as soon as possible for so long as we do not seek to urbanize our real property, or as defined by procedures set forth in Section 160A-360 of the North Carolina General Statutes. We further request that this matter be placed on the respective agendas for discussion at the next possible scheduled public hearings of both the Carrboro Board of Aldermen and the Orange County Board of Commissioners, with an advance notice of at least two weeks. The basis for our request is as follows: Whereas, Carrboro's leadership repeatedly has claimed that it has no interest in annexing our land; and Whereas, Carrboro has no expertise in managing farms or rural land; and Whereas, we believe that ETJ land should be governed by those who have experience with governing farms and rural land, and not by an urban management principles and urban land-use ordinances; and Whereas, the application of Carrboro's land use ordinances to farms and rural land is inappropriate and threatens our existence, our livelihood, our culture, our family life, and overall, our survival; and Whereas, we believe that town policies foster continuing development of Carrboro's urban area and, thus, increasingly pose threats to our land, livestock, and livelihood; and Whereas, there exists no statutory mandate that requires Carrboro to govern the region known as its ETJ; and Whereas, we receive no benefits and do not seek benefits from Carrboro's urban management; and Whereas, we believe in the democratic process and inalienable rights guaranteed by the U. S. Constitution and, as such, require the opportunity to elect those who govern our land and the opportunity to serve on those elected governing bodies; and Whereas, there is precedent for remanding development jurisdiction to counties from municipalities; and Whereas, North Carolina has adopted a Farm Protection Plan administered by the NCDA; and Whereas, Orange County's pending version has been described as "farmer friendly" and was expected by year-end of 2009 We hereby request that Carrboro's leadership agree to relinquish development jurisdiction, as above, and make a concerted effort to seek support for an approval of the above from the Commissioners of Orange County at this time; that this effort be initiated in good faith by all parties hereto by no later than November 15, 2009; and that an amendment reflecting this change of jurisdiction be formally adopted and acknowledged in the Joint Planning Agreement, and any and all other relevant legal resources or mechanisms as deemed necessary to ensure acknowledgement and complete compliance by the governments of Orange County, Carrboro, and Chapel Hill. In the interim, we require that Carrboro cease to apply its urban land use ordinances to ETJ land and farms for so long as we do not seek to urbanize our real property; and proceed henceforth as if our land is presently governed by Orange County's ordinances from this day forward, and not by Carrboro's LUO. The Board received the petition. Warren Womble spoke about the ETJ issue. He said that this has to do with financial gain and the landowners are very concerned about their future and their land. He said that they want their children to have a fair shot at an equitable value for their land when the time comes. He asked the County Commissioners to support this request. He said that he would be glad to be on a committee and do some research on this issue. Cindy Shea spoke about the progress that UNC-Chapel Hill has made at integrating sustainability across the institution in recent years. She presented the 2009 Campus Sustainability Report. She said that sustainability addresses vitality, environmental quality, and social equity issues. She said that they have identified over 200 courses that have sustainability-related content. There is also a concentration in Sustainable Enterprise that 19% of MBA students pursue. She said that they are trying to make education more affordable so that everyone has access to a better life. There is a program that was introduced several years ago that allows students from families within 200% of the federal poverty level to graduate debt free. There have been 600 students to graduate from that program thus far. Regarding energy and climate, there is a Climate Action Plan and it has pledged to become climate neutral by 2050. UNC has significantly improved the energy efficiency of the buildings — 8% per square foot since 2003 —with an accelerated effort that was introduced in the fall that saved over$1 million in the last three months. There has also been a solar hot water system on a residence hall as well as a photovoltaic system at the new Visitor Education Center at the Botanical Garden. UNC has also significantly reduced its water consumption on campus —27% per square foot since 2003. Just this year, a reclaimed water system was implemented. This treated wastewater has been used as cooling tower makeup water, which is the largest use of water on campus. This equates to avoiding the use of over 210 million gallons of potable water each year because of the reclaimed water system. Commissioner Pelissier thanked Cindy Shea for this information and said that the County is in the process of implementing its comprehensive plan with the general goal of sustainability and she hopes that the County could do something similar to this report. Gordon Neville said that he is a cattle farmer and he spoke in support of the petition that was submitted regarding the ETJ. He gave the history of this petition. He said that in June the Planning Board was instructed to terminate all current and future discussions about farms, farm issues, and the farm code. On June 161h, at a meeting of the Carrboro Board of Aldermen, four events occurred simultaneously, which unanimously sought a protective farm code. These events were: 1) A Planning Board member submitted a text amendment; 2) There was a petition from over 700 Carrboro citizens seeking a farm code for the ETJ farms; 3) Another two dozen citizens from the ETJ sought a farm code; and 4) Twenty-five citizens, lawyers, land use experts, ETJ farmers, and landowners sought a protective code for the ETJ farms. On August 251h, all of the aforementioned had disappeared and the existence thereof was denied. He said that what the citizens are seeking is allowable under North Carolina law. He said that provisions are in the best interests of the citizens of this County and they are within the County Commissioners' power to enact. He asked that the terms and conditions specified in this petition be honored as soon as reasonably possible. Commissioner Jacobs said that he hopes that this ETJ issue will be referred to staff. He would like to look at more materials and discuss this in more detail. Commissioner Foushee asked the County Attorney to speak on information he has already given out to the Board of County Commissioners. John Roberts said that North Carolina statutory law says very little about ETJ going back from a town to a county. It says that the municipality has to take action to turn over the ETJ to a county and the county has to affirmatively accept that responsibility. Until Carrboro acts, the County Commissioners cannot act on this and interfere in Carrboro's ETJ. He said that he would be glad to look at it further. Commissioner Gordon asked to get information back from the Attorney. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to receive a summary from the County Attorney regarding what is being asked, what Carrboro's position is, and what the County might do. VOTE: UNANIMOUS b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Presentation of the North Carolina 2009 Ernest B. Messer Award to Orange County The Board received the North Carolina 2009 Ernest B. Messer Award from Dennis W. Streets, Director of the North Carolina Division of Aging and Adult Services. Dennis Streets said that he is here to acknowledge the Department on Aging. He said that Ernest B. Messer became Assistant Secretary for Aging in the 1980's. He said that Mr. Messer was recognized as a champion for aging and supported healthy aging and the N. C. Senior Games. He presented this award to Orange County and the Department on Aging because Orange County was the first county to recognize the importance of aging and to support a Department on Aging. Orange County also received this award in 2004. He said that Orange County is setting an example for the State. He presented the award to Department on Aging Director Jerry Passmore and the Chair of the Advisory Board on Aging, Steve Lackey. Jerry Passmore said that the three groups that made this happen are the Board of County Commissioners, the Advisory Board on Aging, and the County Administration — County Manager Frank Clifton, Assistant County Manager Gwen Harvey, and division heads Janice Tyler, Kay Barrett, and Kathy Porter. b. Resolution Acknowledging February 23, 2010 as Spay Neuter Day USA in Orange County The Board considered a resolution officially declaring February 23, 2010, as "Spay Neuter Day USA" in Orange County and authorizing the Chair to sign. Animal Services Director Bob Marotto gave the background information on this item. He said that February 23rd is known as Spay Day throughout the nation. He introduced Animal Services Advisory Board Chair Jean Austen. Jean Austen said that this is part of the strategic orientation for educating the public on spaying and neutering. She read the resolution. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve a resolution officially declaring February 23, 2010, as "Spay Neuter Day USA" in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS ORANGE COUNTY BOARD OF COMMISSIONERS 2010 SPAY NEUTER DAY USA RESOLUTION WHEREAS, cats and dogs provide companionship to and share the homes of thousands of individuals in Orange County; and WHEREAS, spayed and neutered animals are less likely to have certain health problems or exhibit certain undesirable behaviors that can create community-wide problems and use community resources; and WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds of thousands of dollars annually through animal control and sheltering programs aimed at coping with the unwanted and homeless cats and dogs; and WHEREAS, humane societies and shelters throughout the country have to euthanize approximately four million cats and dogs each year, although many of them are healthy and adoptable, due to lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the Animal Services Advisory Board and the Animal Services Department have made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A Strategic Plan for Orange County; and WHEREAS, the County has established a Community Spay/Neuter Fund to address the issue of pet overpopulation in the County; and WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been shown to drastically reduce overpopulation; and WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social Services to offer "low cost" and "no cost" spay and neuter through The $20 Fix in Orange County; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private citizens work together each year to ensure the spaying or neutering of thousands of companion animals through "Spay Neuter Day USA"; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private citizens have joined together again this year to advocate and support the spaying and neutering of companion animals on "Spay Day USA 2010;" Now, Therefore Be It Resolved by the Orange County Board of Commissioners that February 23, 2010 is declared "Spay Neuter Day USA", and the Board of County Commissioners calls upon the people of the County to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. THIS THE 16th DAY OF FEBRUARY, 2010. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below, with the exception of item 4-g, which was pulled at the beginning of the meeting. a. Minutes The Board approved the minutes from January 21 and 28, 2010, as submitted by the Clerk to the Board. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 44 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Classification and Pay Plan Amendment— Modify Classification The Board reclassified the Tax Assessor (Grade 29) to Revaluation Manager (Grade 19); and reclassified the Deputy Revenue Director (Grade 22) to Revenue Collections Manager (Grade 24). e. Contract Award for Architectural Services, Link Government Services Center Phase II The Board approved and authorized the Chair to sign the contract engaging Corley, Redfoot, Zack, Inc. as the Designer for Link Government Services Center Phase II. f. Contract Amendment for Engineering and Construction Administration Services for Twin Creeks Greenway The Board approved and authorized the Chair to sign the Contract Amendment not to exceed $106,400 for Contract Administration Services with Coulter Jewell Thames, PA for the Twin Creeks Greenway Project as required by North Carolina Department of Transportation as Contract Administrator for American Recovery and Reinvestment Act funds. Public Safety Communications Improvements REMOVED The Board was to consider an allocation up to $112,000 from the Emergency Services Reserve Capital Project to update and improve the Public Safety Communications infrastructure. h. Fiscal Year 2009-10 Budget Amendment #7 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2009-10 for Health Department, Emergency Services, Solid Waste Enterprise Fund, Department of Social Services, and Library Services. i. Addition of Subdivision Roads in Tuscany Ridge Subdivision to the North Carolina Department of Transportation Maintained Road System The Board forwarded the Petition for Addition to the State Maintained System for subdivision roads in Tuscany Ridge Subdivision to the North Carolina Department of Transportation; and recommended the Board of Transportation accept those roads for maintenance as State secondary roads. L Addition of Subdivision Roads in Beaver Valley Subdivision to the North Carolina Department of Transportation Maintained Road System The Board forwarded the Petition for Addition to the State Maintained System for subdivision roads in Beaver Valley Subdivision to the North Carolina Department of Transportation; and recommended the Board of Transportation accept those roads for maintenance as State secondary roads. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Public Hearings a. Zoning Atlas Amendment (Rezoning) — Intersection of NC 54 and White Cross Road (Davis) The Board received the Planning Board recommendation on a rezoning petition submitted by Mr. Vernon Davis to rezone a portion of a 4.7-acre parcel of property located at the intersection of NC 54 and White Cross Road and considered rezoning. Commissioner Yuhasz asked to be excused because of a conflict of interest with this Mr. Vernon Davis. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to excuse Commissioner Yuhasz from participating in this item. VOTE: UNANIMOUS Planner Michael Harvey said that this item is the culmination of a public hearing regarding a rezoning petition submitted by Mr. Vernon Davis regarding this 4.7-acre parcel. He made reference to the various minutes from the Quarterly Public Hearing and the Planning Board relating to this item. Basically, Mr. Davis has an existing septic system and repair area on an adjacent residentially zoned parcel of property. He is seeking to rezone that septic area and recombine it with the Neighborhood-Commercial II zoned portion of the property because he is worried that if the septic system fails he will not be able to replace it, and that is correct. He is seeking to resolve a longstanding problem that is indicative of the White Cross area where septic systems are located off-site or on residentially zoned portions of property. The Planning Board has reviewed this item and recommended approval. The staff recommends that this item be approved. The Manager's recommendation is to receive the Planning Board's recommendation, close the public hearing, and to approve the petition. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: 6-0 (Commissioner Yuhasz was excused) A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the rezoning petition by approving the Statement of Consistency (Attachment 5) and approving the Resolution of rezoning petition approval (Attachment 6). VOTE: 6-0 (Commissioner Yuhasz was excused) b. Zoning Ordinance Text Amendment -Article Nine (9) Sigs- Out Door Advertising The Board received the Orange County Zoning Ordinance relating to the regulation of outdoor advertising (i.e. billboards) and considered a decision on the proposed text amendment. Michael Harvey said that this ordinance amendment clarifies the County's limitations on the regulation of billboards. He gave the history of this item. He said that this amendment only indicates that in cases where there is a conflict that the local zoning regulations will be preempted. This amendment in and of itself will not prevent erection of additional billboards in any portion of the County where they are currently legal. The Planning Board unanimously recommended approval. The Administration also recommends approval. Commissioner Gordon made reference to the 2nd paragraph of Section 9.8 and said that it should say, "the corresponding State/Federal law shall take precedence." Commissioner Jacobs thanked staff for doing this. He said that he wants the staff to address digital billboards. Michael Harvey said that staff will be looking into this and banning digital billboards as well as requiring solar-powered lights for billboards. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to receive the Planning Board recommendation, close the public hearing, and approve the ordinance amendment contained within Attachment 2, with the amendment as stated above by Commissioner Gordon. VOTE: UNANIMOUS c. Orange County's Proposed 2010 Legislative Agenda The Board held a public hearing on Orange County's potential legislative items for the 2010 North Carolina General Assembly Session and considered potential items for inclusion in the agenda package and priority discussion with Orange County's legislative delegation. Commissioner Foushee said that this item is not much different than what the County presented last year. PUBLIC COMMENT: Kenny Keel, Town Engineer with the Town of Hillsborough, requested that item #19, Bio-solids Disposal, be removed from the legislative agenda because federal and state regulations regarding bio-solids are already in effect and being enforced. Federal and state regulators enforce the current rules and local municipalities and utilities further monitor these rules. It is his understanding that Orange County does not have sufficient staff and funding to take on this new responsibility. He believes that Orange County would be better served to monitor and report problems to State staff for action rather than creating an additional bureaucracy. He said that viable alternatives, both economical and effective, are needed before going forward with additional regulations and restrictive and unnecessary clauses. He said that if land application of bio-solids in Orange County is restricted beyond current state and federal law, it could increase Hillsborough's disposal costs over 300%. He said that another option is that a County Commissioner or proxy could be given a seat on Hillsborough's Water and Sewer Advisory Committee and similar committees and boards in other jurisdictions. Frank Clifton said that the Director of OWASA has indicated the willingness to work with the County on this issue. Commissioner Yuhasz made reference to item #1 — Revenue options for local government— and said that it contains a provision that he objected to last year and he still objects to it. He said that it is not appropriate that voters in Dare County can make decisions that would then apply to Orange County. He will vote against this whole package if this item is included. Commissioner Gordon made reference to item #1 - Revenue options for local government- and said that, except for the last sentence, this tracks fairly closely with what TJCOG and NCACC has asked for. The overarching principle is that if any local government has an option for a certain revenue source that other governments in North Carolina would have the same option. She does not think it mandates that County government exercise this option. She said that the last sentence might not be necessary. She suggested supporting what the TJCOG and NCACC have supported. Commissioner Foushee said that she supports that sentiment too and they have done what they can do as it relates to a land transfer tax. She is okay with striking this language from item #1. Commissioner Jacobs said that the TJCOG does specify what is being taken out. He said that it was fine to take out the last sentence, but TJCOG says, "seeks authority for local government on a reasonable basis." Commissioner Jacobs made reference to Mr. Keel's concerns and said that Orange County does not have any interest in becoming a regulator so much as to try and gain more control over where bio-solids are applied and how they are applied. He does not have any confidence that the State is going to do a better job of regulation than local government. He does not think that staff needs to be added to work with the local utility providers. Commissioner Hemminger agreed with this sentiment. Commissioner Foushee said that one of the recommendations is to determine the top 3-5 priorities to push on the list. The following were discussed as the top priorities: - Bio-solids Disposal - Hunting deer with dogs - Alamance/Orange County line - Financial help for counties or not taking away any more funds A motion was made by Commissioner Pelissier to say that the top three priorities are items 1, 2, and 3 and that these three items should be discussed: deer hunting with dogs, the Alamance/Orange County line and bio-solids disposal. THERE WAS NO SECOND. Commissioner Yuhasz said that items 8 (fire protection- additional state funding for state-owned buildings) and 17 (wastewater system classifications for volunteer fire departments) both have to do with supporting local fire protection efforts. He thinks it is important to try and support this and get support from the legislators. Commissioner Yuhasz said that deleting the last sentence on item #1 would not be sufficient for him, so he would like to vote on all of the items except for#1. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to say that the top priorities are items 2 and 3; that the Board of County Commissioners generally supports the resolution for bio-solids, action on the Alamance/Orange County line, and legislation to ban deer hunting with dogs; and it also supports items 8 (fire protection- additional state funding for state-owned buildings) and 17 (wastewater system classifications for volunteer fire departments). VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger to support item #1 as one of the top three priorities, removing the last sentence. VOTE: Ayes, 6; No, 1(Commissioner Yuhasz) Commissioner Gordon made reference to the Alamance/Orange County line and said that as this is presented to the delegation, it should be offered as a draft because Orange County is waiting on input from Alamance County. She wants the legislators to know that Orange County is working with Alamance County on this. Commissioner Jacobs made reference to item #14 — Carolina North Transportation Funding — and suggested conveying this to UNC so that they know that it is of concern to Orange County. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to send a letter to the Chancellor of UNC-Chapel Hill, indicating that Carolina North Transportation is a high priority for Orange County. VOTE: UNANIMOUS 6. Regular Agenda a. Amendments to the EMS Franchise Agreement entitled "An Ordinance Regulating Emergency Medical, First Responder and Rescue Service and Granting of Franchise and Contracts to the Operators In the County of Orange" The Board considered amendments to the EMS Franchise Ordinance entitled, "An Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and Granting of Franchise and Contracts to the Operators in the County of Orange", and authorizing the Chair to sign. Staff Attorney Annette Moore said that when they were last here on February 2nd, the Board passed amendments to this ordinance, but there were things that were of concern. There was a concern from the fire chiefs about the amendments and the ordinance, so now there is an amendment that specifically excludes the fire departments. The first amendment is to Section 2.4c, which would read: "A fire department in Orange County that by contract with the County provides rescue and emergency services as provided by this ordinance." This sets apart fire departments that the County contracts with from the EMS Franchise Ordinance. There was also a concern that members of the Medical Advisory Committee did not include a citizen. The second amendment is as follows for the citizen member of the Medical Advisory Committee: "A resident of Orange County who is credentialed as an Emergency Medical Service instructor and has demonstrated to the Medical Director they have knowledge of Orange County's Emergency Services practice, procedures, and protocols, as well as the Health Department Director." Another concern was regarding due process. Staff brought back some language that the public would know that there would be a public hearing. This is Section 16.5 and would be amended to read: "The hearing shall be scheduled within two days of receiving notice of appeal and shall be commenced within 10 days. The Franchisee may present evidence and give oral testimony at the hearing." Commissioner Yuhasz made reference to `c', and said that it should say "as defined by this ordinance" rather than "as provided." Commissioner Jacobs asked if anyone on a rescue squad would be able to serve on this Medical Advisory Committee. Annette Moore said that they would, but there is a potential for conflict because if a case is being heard about a specific rescue squad, then the citizen/rescue squad member would have to remove themselves. Commissioner Jacobs said that the pool of people that would be qualified is very small. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve the amendments, with the change by Commissioner Yuhasz, to the EMS Franchise Ordinance entitled, "An Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and Granting of Franchise and Contracts to the Operators in the County of Orange and authorize the Chair to sign. VOTE: UNANIMOUS b. Reorganization of Human Rights and Relations Functions Into the Housing and Community Development Department The Board considered approving the County Manager's recommendation to integrate the Office of Human Rights and Relation functions into the Housing and Community Development Department. Frank Clifton said that the County is facing challenges on the organizational structure of County government, and they need to insure that all of the important functions have a sustainable future. The Human Rights and Relations Department has been a separate entity and last year it was placed under the direction of the County Manager. There are two functions — human rights and relations and women's rights. He said that he has tried to find similarities throughout the County in order to merge some departments and he found similarities in these two departments. He said that this department has had little or no oversight. This reorganization would put four Human Rights and Relations employees under Tara Fikes and one position focused on women's rights issues under the County Manager. He said that his preferred process is to make sure to take advantage of all of the talents, expand opportunities to provide partners, and make use of the resources to the best of the County's ability. Housing and Community Development Director Tara Fikes said that there would be no proposal to change any of the functions of the two departments. Frank Clifton reviewed the recommendations. He said that there are a couple of amendments to the by-laws of the advisory boards as it relates to personnel. PUBLIC COMMENT: Carolina Asurla is the current Vice-Chair for the Commission for Women (CfW) and she said that the Commission for Women did not have much information coming forth tonight. She said that she is concerned about these changes and how they could affect the Commission for Women, the Human Relations Commission, and the Office of Human Rights and Relations. She asked the County Commissioners to not support these changes, which she believes will limit the responsibilities and effectiveness of the CfW. She said that after 34 years, the CfW is still a necessary commission. She said that women and girls are still not equal to men and boys and examples are everywhere. She said that she feels that this issue has already been decided since one staff person has already been moved to the County Manager's office. She said that the CfW and the HRC have been kept out of the loop on this matter. As far as she is aware, no member of either commission was approached about the proposed changes. Jennifer Frye said that she is the immediate past Chair of the Commission for Women. She agreed with Carolina Asurla's comments. She said that she wrote an email to the County Commissioners. She said that the CfW did not have much time to think about this or respond. 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, involvement, and input back to the government. It is important to recognize that these two bodies are probably the most active in Orange County and involved in social justice issues and issues that affect women. She also has concerns about transparency because the staff liaison has always been involved. She thinks that the commissions could be stronger and serve their functions better with better leadership and direction from County staff. Shannon Jackson is the current Chair of the CfW. She said that she eagerly serves the CfW and has for over three years. She said that this is a unique forum. She said that the CfW provides advocacy and community services to the entire County. Girl Talk is a mentoring program that is very successful in the school system. She listed other community services. She said that there are some very important issues to consider before moving forward with this reorganization. She asked that the CfW be part of these negotiations. She is afraid that the CfW will be disbanded. She asked that the County maintain the annual funding level in order to keep with the mission. She said that if the CfW becomes part of an existing non-profit, then it should not affect the capabilities in lobbying for women's issues and rights. She said that these volunteers passionately and willingly dedicate themselves to Orange County to make it a better place to live. Bryant Colson is Vice-Chair of the Human Relations Commission. He said that many of his colleagues who wanted to be here could not be because of prior commitments and they did not know about this until yesterday. He said that the HRC has had a lack of input into this whole transition process. He said that with this 2010 society, the HRR department is needed now more than before. He said that a lot of the Manager's recommendations have already been implemented. He said that the Office of Human Rights and Relations has made a lot of positive strides in the area of social justice and he hopes that these things do not go to the wayside. Patricia Muhammed is a member of the CfW. She said that she has utilized many of the women groups in Orange County due to personal reasons. She understands the restructuring but she wants to be able to have her voice still heard. She feels that it is a conflict of interest to merge the HRR with the Housing and Community Development Department. Richard Perry said that he lives in Carrboro and he likes the notion about volunteer citizens helping to extend the work of paid staff and the Commissioners to be connections in the community and to provide networks for gathering information. It makes him concerned that a staff member would move into Housing and the Human Rights and Relations department might be overlooked. Marty Rosenblum is a member of the HRC. He said that none of the members had any notice that this was under discussion. These are unique and valuable resources and any changes should have broad debate. He said that the issues they discuss go beyond housing and to collapse them into this department would be a mistake. He said that this is an unusual and ironic way to celebrate Human Relations Month. He said that efficiency is important, but this might not move the issues about civil rights, human rights, and women's rights forward. He asked the Board to postpone any action on this recommendation until broad input has been solicited. Frank Clifton said that this is Orange County and there is no shortage of the public to bring forth issues to the Board of County Commissioners, regardless of the organizational structure. He said that some of the comments are correct in that staff did not solicit comment from the boards since these are commissions the Board of County Commissioners appoints and he wanted to bring this to the Board beforehand. He said that staff has spent a lot of time on this internally and they wanted to make sure that they retain some flexibility. Commissioner Nelson asked Frank Clifton to put this reorganization in context with other reorganizations. He said that the last County Manager pursued reorganizations before she left and Frank Clifton has continued to look at efficiencies. Frank Clifton said that one of the issues is that there are many boards and commissions that have overlapping responsibilities, without broader visions. He said that Orange County cannot continue to function as it has in the past unless citizens want to support it through higher taxes. He said that, in the end, the County Commissioners are responsible for County services. The input by the boards and commissions is important, but in the end, the County Commissioners are responsible for the outcome. Commissioner Pelissier said that there is concern about subsuming functions into another department and she said that the Manager's Memo states that this is an integration of functions. She said that they may need to change the name of the Housing and Community Development Department because the point is to integrate the two functions and not squash the function of the Human Rights and Relations department. Commissioner Yuhasz said that he appreciates the passion that volunteers brought forward, but he wanted to address the verbiage of volunteers using the words "our staff". He said that these are the County's staff and not the boards and commissions' staff. Commissioner Jacobs said that he appreciated what the Manager is trying to accomplish and he said that the changes in the by-laws are overdue. He thinks that the way this has come forward is unfortunate. He said that the Board of County Commissioners is going to meet on Friday to talk about boards and commissions and to have this just spring up out of the blue for people that have been dedicated is not the way that Orange County government should work or has worked. He agreed with Commissioner Pelissier that there needs to be a different name for Housing and Community Development to make it clear that this is the place where someone would go regarding concerns about social justice. Also, he is not clear that there is going to be a person or a place in that department that would deal with the social justice issue. He said that these two boards and commissions should be able to comment on these suggested changes before the Board takes action on this item. He said that what distinguishes Orange County's government is that sometimes the County Commissioners empower boards to challenge them. He does not want to take this out of the mix. Commissioner Gordon thanked the public for speaking and said that boards and commissions provide valuable services. She said that there are two issues — reorganization of County departments and what happens to these two boards. She said that since they are having a retreat on February 19th it is premature tonight to make decisions about any boards and commissions. She said that you cannot see the social justice and human rights function in the housing department reorganization chart. There are overlaps in the area of housing and human rights and relations, but there are other things that the HRR and CfW do that are not involved in housing. She would like to defer the discussion of the role of the CfW and the HRC to the retreat. She would also like to solicit advice from the boards and commissions. Commissioner Pelissier said that there is a feeling that she has heard from other members of boards that if a certain board might be integrated to another board, then it means that nobody cares about that function. She said that this is not the case. She said that she highly values what the boards and commissions have provided and she hopes that the input continues. Chair Foushee said that the County Commissioners are grateful that the boards and commissions members came out to speak on this issue and they have represented their colleagues. She said that it seems the County can move forward on the reorganization of the departments, but defer the discussion on boards and commissions until February 191h Commissioner Hemminger said that some of the by-laws could be changed with the exception of meeting dates. She also thanked the board members for the emails. Commissioner Nelson said that he does not want to completely walk away from the Manager continuing to investigate whether or not a non-profit would be a reasonable solution for managing the services. Frank Clifton said that Orange County works with many non-profits and many of the County departments have grant opportunities and contracts for services with a lot of non-profit agencies. He said that there are a lot of agencies that could probably be the advocate in certain areas. He said that the County has to be very careful in the roles that it takes in advocating various issues that may be better served by a spokesperson in the private and non- profit sector. Commissioner Nelson said that one of the projects the Commission for Women has set up is the Shelter Workgroup. He said that County government cannot start a shelter and it has to come from a non-profit. He said that figuring out a way to partner with a non-profit to deliver these services might be a smart way to meet this goal of shelter services for women. Commissioner Jacobs agreed with Commissioner Nelson and said that he appreciated the Manager's comments regarding the role of County government. He said that it is important to include in the conversation the boards and commissions that may be affected because they have experience and have researched these issues. Commissioner Gordon said that she would like to vote separately on authorizing the Manager to pursue negotiations. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to: - Approve the new organizational structure integrating the functions of the Department of Human Rights and Relations with the Department of Housing and Community Development (Attachment 1); - Authorize the Director of Housing and Community Development, as Human Relations Commission staff, to enforce the Civil Rights Ordinance; - Authorize the County Manager to investigate negotiations with qualified non-profits for services encompassing the advocacy function now provided via County staff related to the Commission for Women; - Approve reclassification of the Human Rights and Relations Director (Grade 27) to a Grant Compliance Specialist (Grade 19), and remove the Human Rights and Relations Director classification from the Salary Plan; and - Amend the bylaws of the Human Relations Commission and the Commission for Women to reflect the changes created by the reorganization as provided in Attachments 2 and 3, excluding the section on the meeting times. Commissioner Jacobs asked for a friendly amendment to address renaming the department. Frank Clifton said that this would probably happen anyway. He said that the County could not initiate an inquiry into what it does through its own operations. VOTE: Ayes, 5; Nays, 2 (Commissioner Jacobs and Commissioner Gordon) Frank Clifton said that he would try to do a better job of communicating with the boards and commissions. 7. Reports-NONE 8. County Manager's Report NONE 9. Board Comments Commissioner Gordon said that the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization had met recently. She highlighted that they reviewed the stimulus funding and Orange County projects are on track. There was an 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 plan of action if there is more stimulus funding and what projects could be done. The Board agreed to ask the staff to do this. Commissioner Gordon asked to set aside a portion of the agenda sometime this spring to talk about the County financial plans for transit. Chair Foushee has been involved in the leadership discussions and the plans are getting more and more firm. Commissioner Yuhasz— none. A motion was made by Commissioner Pelissier, seconded by Commissioner Gordon to put the County's financial plans for transit on the Board of County Commissioners' agenda sometime this spring. VOTE: UNANIMOUS Commissioner Pelissier said that she has been thinking about the County's funding for outside agencies. She said that the Human Services Advisory Committee is trying out a new ranking system. She said that there are eight or nine new organizations that will be submitting proposals to the County. She is concerned about this because there is not good guidance to the people doing the ranking system about what the priorities are. A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger to have a discussion about how to prioritize and give guidance for making decisions about non-profit funding. VOTE: UNANIMOUS Commissioner Jacobs said that in the pending items it does not mention an update on where there are defibrillators in buildings. Also, he said that there are a few things in the Manager's Memo that are worthy of press releases. For example, there is now a mobile shelter facility for pets in case of an emergency. Also, there is a huge increase nationwide in food stamps. Commissioner Jacobs said that the surveys of those that attended the Agricultural Summit were very favorable. Commissioner Hemminger said that the Intergovernmental Parks Work Group has a neat project that will be brought forward about hooking up all of the different parks and recreational abilities on the GIS system. Commissioner Hemminger said that she would like some clarification of where they are on Granicus, the streaming video, as far as putting it on the website for citizens to use. Clerk to the Board Donna Baker said that this is only available at the Southern Human Services Center since there is not yet a permanent facility in Hillsborough for meetings. Staff is working with IT. If the County Commissioners decide to stay at the Social Services facility for the rest of the year, IT may be able to put in the same equipment there. There are some kinks to be worked out. The goal is to have it on the website in March. She clarified that only the regular meetings would be on this and the budget work sessions would not be there. Commissioner Foushee said that said she met with the Mayors yesterday and they focused on Assembly of Governments meetings and increasing the effectiveness. The plan is to ask the Managers, once topics have been identified, to work together to come up with recommendations so that the discussions are focused. Also, once the topics are identified, the plan is to disseminate them to the boards for discussion, if needed. Chair Foushee said that she met with Carlo Robustelli, who has been appointed the Director of Orange County Operations for Durham Technical Community College. He will promote the programs of Durham Tech in Orange County and advocate for the Orange County campus in Durham and in Raleigh. She said that she hopes that there will be a presence from Durham Tech in the school systems. She said that he also wants to be an integral part of economic development in Orange County. 10. Appointments a. Orange-Person-Chatham Area Programs Board — New Appointment The Board considered making new appointments to the Orange-Person-Chatham Area Programs Board. Commissioner Pelissier pointed out that Donna Baker was one of the applicants. She said that she spoke with Donna Baker about this and Ms. Baker said that she had applied because there were no Consumer/Family Members applying. Commissioner Pelissier said there is not a specific policy about appointment of staff to various boards and commissions. She suggested dealing with this during the retreat. Donna Baker said that there have been a multitude of PSAs for the vacancies on this board and no one had applied. She thinks that this is something the Board should discuss regarding the policy about staff serving on boards and commissions. Commissioner Hemminger suggested filling one or two of the slots and keeping the other one open for this discussion. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to appoint Mary Kay Corr to a term expiring December 31, 2011. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Megan Edwards to a term expiring December 31, 2011. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to defer the other appointment to this board until after the discussion about staff serving on boards and commissions. VOTE: UNANIMOUS 11. Information Items • February 2, 2010 BOCC Meeting Follow-up Actions List 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to adjourn the meeting at 9:55 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board