HomeMy WebLinkAboutMinutes 04-06-2010 7
APPROVED 5/6/2010
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
April 6, 2010
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April 6,
2010 at 7:00 p.m. at the Department Of Social Services in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
Alice M. Gordon, Pam Hemminger, Barry Jacobs, 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 Deputy Clerk to the Board David Hunt (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
1. Additions or Changes to the Agenda
There were items related to items 7-a, Sales Tax Distribution Method for Fiscal Year
2010-2011, and 10-a, A Report on the Costs and Benefits Associated with Bringing Social
Services and Child Support Enforcement Legal Services In-House. There was also a public
comment sheet.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Blair Pollock spoke on behalf of the Solid Waste Management Department.
A Statement to the Board of Orange County Commissioners from members of the Solid
Waste Management Department submitted: April 6, 2010
"We are aware that the County is facing another difficult budget year and that requires
hard decisions about what programs and services need to be reduced or eliminated if a major
goal is to avoid raising taxes in 2010-11. We are here tonight to ask you to support full
continuation of the current set of solid waste management services at current staffing levels
with no further reductions. Here is why we make that request:
The services provided by this Department are integral to maintaining public health in
Orange County by providing safe and efficient collection and disposal of waste and providing
means to reduce the amount and toxicity of that waste. We have competently and diligently
provided those services for almost 38 years. Those services are mostly funded from an
enterprise fund and, with the exception of the Sanitation Division, do not directly affect tax
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rates. We also ask that you keep that Division whole to continue to provide services that this
County needs at levels that are not appreciably decreasing.
Our County is second to none in North Carolina when it comes to providing a high
quality and degree of recycling and waste reduction services and it shows in our consistently
high and constantly improving waste reduction rate, tremendous public support of the recycling
and continued investment by the Board in these services. Our staff makes over 300,000
recycling collection stops each year using our own vehicles, not including our curbside
contractor's 800,000 stops a year. We will experience over 7,000 visits to the household
hazardous waste collection program this year including those from small businesses. We have
the highest rate of electronics recycling in the state. We conducted over 100 presentations,
tours and workshops on solid waste issues for the public. We continue to add new programs
such as the recently added rigid plastics program at the drop-off sites and have effectively
taken on Orange County Schools' recycling collections this year without adding any staff or
new budget. We reduced the schools' recycling costs and added revenue to the Solid Waste
Department from that contract. We are able to cover our program expansions by repurposing
and rescheduling trucks, staff and containers and through successful grantsmanship.
While our Solid Waste Convenience Centers have not been upgraded to provide the
level of service we believe would be most efficient and safe, we do experience over 400,000
visits a year from our residents. A highly dedicated hard working staff of attendants and
drivers keeps all those contains emptied, while keeping site users safe and properly informed
of how to manage their wastes. That is no small feat—there are 18 categories of separation
possible at each convenience center. The reduced hours and days imposed this year have
made traffic more intense, especially on Saturdays or following a holiday closure.
The Orange County landfill has been managed soundly in a way that has extended its
life through innovative programs such as alternate daily cover. The degree of environmental
monitoring and protection far exceeds any State or Federal standards. We have had no
operational notices of violation in 38 years. We continue to receive over 80% of the municipal
solid waste generated within the County and the Towns and efficiently manage not only waste
burial but yard waste, clean wood, scrap metal, white goods, tires, and construction waste on
our site at Eubanks Road. Our mulch is a highly sought product locally.
Due to the intensive, ongoing nature of our work, the fact that over 80% of the Solid
Waste budget is not from the general fund but from a fully-funded, well-managed enterprise
fund that does not directly impact tax rates and due to the ongoing need to continue to
improve our management and reduction of solid waste, we ask you not to further cut the solid
waste budget and to enable the hiring of positions that have recently become vacant or will
become vacant due to retirement, injury, or leaving. We do not ask for any increase in the
budget or any new positions, just to be able to maintain current staffing to do what we do well
on behalf of Orange County every day."
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-NONE
4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to approve those items on the consent agenda as stated below:
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a. Minutes
The Board approved the minutes from February 16 and 22, March 4, (5:30 and 7:00 p.m.),
2010 as submitted by the Clerk to the Board.
b. Appointments — None
c. Property Tax Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to three (3)
requests for property tax refunds in accordance with N.C. General Statute 105-381.
d. Property Tax Releases
The Board adopted a resolution, which is incorporated by reference, to release property values
related to thirteen (13) requests fro property tax releases in accordance with N.C. General
Statute 105-381.
e. Application for Property Tax Exemption/Exclusion
The Board approved one (1) untimely application for exemption/exclusion from ad valorem
taxation for the 2009 tax year.
f. Property Tax Refund Request
This item was removed and placed at the end of the consent agenda for separate
consideration.
Fair Housing Month Proclamation
The Board approved a proclamation recognizing and celebrating Fair Housing Month in
Orange County and authorized the Chair to sign the proclamation.
FAIR HOUSING MONTH
WHEREAS, April 2010 marks the forty-second anniversary of the Federal Fair Housing Act of
1964 and the twenty-sixth anniversary of the North Carolina Fair Housing Act
prohibiting discrimination in housing on the basis of race, color, sex, religion,
national origin, handicap and familial status; and
WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil
Rights Ordinance on June 6, 1994, which affords to the residents of Orange
County the protections guaranteed by the Federal Fair Housing Act and
additionally encompasses the protected classes of veteran status and age; and
WHEREAS, The Human Relations Commission and the Affordable Housing Advisory Board
actively work to increase housing affordability and availability in Orange County
and promote housing choice and inclusive neighborhoods; and
WHEREAS, despite the protections afforded by the Orange County Civil
Rights Ordinance and the Fair Housing Act as amended, illegal housing
discrimination and housing segregation still occur in our nation and in Orange
County; and
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WHEREAS, supporting and promoting housing affordability, choice and equal opportunity are
fundamental to achieving social justice;
NOW, THEREFORE, we, the Orange County Board of Commissioners, do herby proclaim
April 2010 as FAIR HOUSING MONTH and commend this observance to all Orange
County residents.
This the 6th day of April, 2010.
h. Public Safety Telecommunications Week Proclamation
The Board adopted a proclamation recognizing the week of April 11 through 17, 2010 as
Public Safety Telecommunications Week in Orange County and authorize the Chair to sign.
PUBLIC SAFETY TELECOMMUNICATIONS WEEK
2010
WHEREAS, Thousands of dedicated telecommunicators daily serve the residents of the
United States and Canada by answering their telephone calls for law enforcement, fire, and
emergency medical services by dispatching the appropriate assistance as quickly as possible;
and
WHEREAS, Professional telecommunicators are the link between those residents who call
for help and the agencies which provide the help; and
WHEREAS, The critical functions performed by professional telecommunicators impact all
aspects of public safety and include those performed by forestry and conservation operations,
highway safety and maintenance activities, and many other operations performed by federal,
state and local government agencies; and
WHEREAS, Professional telecommunicators work to improve the emergency response
capabilities of these communication systems through their leadership and participation in
training programs and other activities provided by the Association of Public Safety
Communications Officials - International and the National Emergency Number Association; and
WHEREAS, These associations are organizations of more than 100,000 people engaged in
the design, installation and operation of emergency response communications, has set aside
the week beginning April 11, 2010, to recognize telecommunicators and their crucial role in the
protection of life and property; and
NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim the
week of April 11-17, 2010, as "National Public Safety Telecommunications Week" in Orange
County, North Carolina, in honor and recognition of our County's telecommunicators and the
vital contributions they make to the safety and well being of our residents, those visiting the
County and the multiple public safety providers in the County.
Adopted this 6th day of April 2010.
i. The Week of the Young Child Proclamation
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The Board approved a proclamation designating April 11-17, 2010 as The Week of the Young
Child and authorized the Chair to sign.
PROCLAMATION
THE WEEK OF THE YOUNG CHILD
April 11-17, 2010
WHEREAS, Child Care Services Association and other local organizations, in conjunction with
the National Association for the Education of Young Children, are celebrating April 11-17, 2010
as The Week of the Young Child and
WHEREAS, these organizations are working to improve early learning opportunities, including
early literacy programs, that can provide a foundation of learning for children in Orange
County; and
WHEREAS, teachers and others who make a difference in the lives of young children in
Orange County deserve thanks and recognition; and
WHEREAS, public policies that support early learning for all young children are crucial to
young children's futures;
NOW THEREFORE BE IT RESOLVED, that we, the Orange County Board of Commissioners,
do hereby proclaim April 11- 17, 2010, as The Week of the Young Child in Orange County and
encourage everyone to work to make a good investment in early childhood in North Carolina.
This the 61h day of April 2010.
L Sexual Assault Awareness Month Proclamation
The Board approved a proclamation recognizing April as Sexual Assault Awareness Month in
Orange County and authorized the Chair to sign.
Proclamation
"Sexual Assault Awareness Month 2010
WHEREAS, the Orange County Rape Crisis Center assisted 364 survivors of sexual violence
and their family members, friends and loved ones during 2009; and
WHEREAS, the Orange County Rape Crisis Center works with the County's two school
systems and other groups to provide all students with age-appropriate information about
sexual assault prevention, reaching 8,817 youth and adults during the 2008 — 2009 school
year; and
WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is
bringing together members of law enforcement, the medical community, the legal system and
other community advocates to improve services for survivors of sexual assault who come
forward; and
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WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in their
lives (NC Department of Health and Human Services, 1999); and
WHEREAS, in the United States, rape is the most costly crime to its survivors, totaling $127
billion a year considering factors such as medical cost, lost earnings, pain, suffering and lost
quality of life (U.S. Department of Justice, 1996); and
WHEREAS, in the United States, 1 in 6 women and 1 in 33 men have experienced a
completed or attempted rape at some time in their life (US Department of Justice, 1998); and
WHEREAS, there are 5,190 sex offenders and sexual predators registered as living in North
Carolina (State Bureau of Investigation, 2010)
WHEREAS, the blaming of the victim continues to be an enormous problem in instances of
rape and sexual assault; and
WHEREAS, the Orange County Rape Crisis Center, a non-profit, volunteer agency which has
been serving the community since 1974 is working with others in the community to stop sexual
violence and its impact through support, education and advocacy;
NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners,
do hereby proclaim the month of April 2010 as "SEXUAL ASSAULT AWARENESS MONTH"
and encourage all residents to speak out against sexual violence and to support their local
communities' efforts to prevent and respond to these appalling crimes.
This the 6th day of April 2010.
k. Resolution to Foster Genocide Remembrance
The Board will consider a resolution recognizing and remembering the millions who have
perished through acts of genocide and authorize the Chair to sign.
A RESOLUTION
TO FOSTER GENOCIDE REMEMBRANCE
WHEREAS, throughout history genocide has been a tragic part of humanity's existence; and
WHEREAS, it is important to acknowledge that we are all partners in justice with a shared
legacy of intolerance; and
WHEREAS, Americans have contributed to historical acts of genocide, including the 10-20
million black Africans who died during the 200 years of the international slave trade, and
the decimation of nearly 12 million Native American Indians in North America between
1600 and 1850; and
WHEREAS, the country of Armenia recognizes April 24th as Genocide Remembrance Day in
recognition of the government-ordered deaths of 1.5 million Armenians in 1915; and
WHEREAS, April 11, 2010 is recognized as Holocaust Remembrance Day, in honor of the
victims of Nazi genocide, including more than 6 million Jews and approximately 5.5 million
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other targeted groups including Gypsies, Poles, gays and lesbians, Jehovah's Witnesses,
and others; and
WHEREAS, other major acts of genocide have taken place during the past century including
but not limited to Stalin's Forced famine: (1932 —1933: 7,000,000 Ukrainian deaths); Rape
of Nanking (1937 — 1938: 300,000 Chinese deaths and more than 20,000 rapes); Pol Pot
Cambodia (1975-1979: 1.7 million deaths); Rwanda (1994; 800,000 Tutsis deaths); Bosnia-
Herzegovina (1992-1995: 200,000 Muslim deaths); and most recently Darfur, Sudan (2003-
present; 200,000 deaths); and
WHEREAS, it is important to remember history so that mistakes of the past are not repeated
for future generations; and
WHEREAS, Orange County finds it equally important to remember the atrocities committed
against all peoples in the name of religious, racial and ethnic cleansing so that we may
recognize the inevitable outcomes of our daily intolerance;
NOW, THEREFORE, WE, the Orange County Board of County Commissioners, do herby
adopt this Resolution to Foster Genocide Remembrance, and encourage Orange County
residents to reflect upon all acts of genocide and intolerance.
THIS THE 6th DAY OF APRIL, 2010.
I. Classification and Pay Plan Amendment— Department on Aging
The Board amended the Classification and Pay Plan to add the Food Service Coordinator
classification, delete the Transportation Specialist classification, and modify the Transportation
Assistant Administrator to grade 15.
m. Health Care Assessment Update
The Board accepted the report and amended the approval of the 2010 Health Insurance
Renewal to continue providing employees with health insurance at the same rates as in
January 2010 and not impose a $10.00 monthly premium for employees who did not complete
a Health Assessment.
n. Orange County Speedway 2010 EMS Coverage Contract
The Board authorized the Chair to sign a contract with the Orange County Speedway
management for the County to provide Emergency Medical coverage at events.
o. Bid Award — Roof Repair at John M. Link, Jr. Government Services Center
The Board awarded a bid for$27,777 to Owens Roofing, Inc. of Raleigh, NC to make repairs
to the roof at the John M. Link, Jr. Government Services Center and authorized the Chair to
sign the contract.
Approval of Capital Project Ordinance for the Construction of the Carrboro High
School Arts Wing
The Board approved a Capital Project Ordinance for the construction of the Carrboro High
Schools Arts Wing.
VOTE ON CONSENT AGENDA: Ayes, 4 (Commissioner Gordon, Commissioner Jacobs, and
Commissioner Nelson had not yet arrived)
ITEMS REMOVED FROM CONSENT AGENDA:
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f. Property Tax Refund Request
The Board considered adoption of a refund resolution to deny one (1) request for
property tax refund in accordance with N.C. General Statute 105-381.
Julian Marshall said that he would like to make corrections to the abstract. He wrote a
letter on May 11th and got a response in February - nine months later. He said that he
requested a refund for six years (2002-2008) but because of legal matters, he was only
allowed a refund for four years. He said that the problem was apparently because someone in
the Tax Department did not do their job. He said that clearly this did not happen because if it
had happened, someone would have noticed that there was not an apartment over his garage,
but an attic space. He said that no one visited the property but signed it off as if it was a
finished space. He said that the County made a mistake. He said that there was no way to
know that the plans in the tax office were not the right ones because there was no indication to
him that he needed to look at the plans for his home. He only found out by refinancing when
he had an independent appraiser to come out. He continued to summarize the process he
went through with the Tax Department. In summary, he said that he has been taxed on the
value of his home because of an error in the Tax office.
Tax Administrator Jo Roberson introduced Deputy Tax Assessor Judy Ryan. Jo
Roberson said that she agreed that Mr. Marshall was correct in that the response time was
inappropriate. She said that it is unfortunate that the response time was not within 90 days.
When it was brought to her attention in December, she gave a response. She said that she
understands Mr. Marshall's position, but statutorily, it does not meet one of the three criteria,
and she cannot recommend the refund.
John Roberts said that the Board cannot give a refund because it does not fall within
one of the three categories and refunding this would violate another statute, which would make
the County Commissioners personally liable for that amount and also for any attorney's fees or
court costs.
Frank Clifton said that he does not believe the tax office gets copies of house plans
and the County gets just figures about the dwelling and not the actual plans. He said that the
County does get a tax notice with a statement of value, but it does not have square footage on
it. He said that, while an error has occurred, it is a combination of errors and it is unfortunate.
His concern would be if other citizens come forward that the County Commissioners would
individually become liable for those amounts if they voted in favor of this refund.
John Roberts made reference to Mr. Marshall's statement that this was an illegal tax
and said that this is not an illegal tax. He said that these mistakes are not covered in the state
statute.
Commissioner Yuhasz said that tax records are public records and every taxpayer has
the right to look at these and see how their property is being taxed. He thinks there are ways
to make this information more accessible. He would like to make sure these kinds of incidents
are minimized.
A motion was made by Commissioner Hemminge, seconded by Commissioner Yuhasz
to approve the resolution, which is incorporated by reference, denying one property tax refund
request in accordance with N. C. General Statute 105-381.
VOTE: Ayes, 4 (Commissioner Gordon, Commissioner Jacobs, and Commissioner Nelson
had not yet arrived)
5. Items Removed From Consent Agenda-DONE ABOVE
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6. Public Hearings
a. Public Hearing for EMS Franchise Ordinance for Johnston Ambulance
Service, Inc.
The Board conducted a public hearing on the need for ambulance services by Johnston
Ambulance Service, Inc.
Emergency Services Director Frank Montes de Oca said that he is bringing this forward
to conduct a public hearing on the need for ambulance services by Johnston Ambulance
Service, Inc. ("JAS").
Commissioner Gordon arrived at 7:28 pm.
Frank Montes de Oca said that North Carolina General Statutes § 153A-250 provides
that before a County may by ordinance franchise ambulance services in the County, "the
Board of Commissioners must first hold a public hearing on the need for ambulance services."
Notice must be published once a week for two successive weeks before the hearing. "After
the hearing the Board may adopt an ordinance if it finds that to do so is necessary to assure
the provision of adequate and continuing services and to preserve, protect, and promote the
public health, safety, and welfare."
If the Board determines a need for ambulance service exists, it may permit a franchise by
Ordinance. Any franchise ordinance granted by the Board cannot, in accordance with North
Carolina General Statute § 153A-46, be adopted "until it has been passed at two regular
meetings of the Board of Commissioners." He said notice of this public hearing was
appropriately published once a week for two successive weeks prior to the hearing.
Frank Montes de Oca recognized Jeff White, President of JAS.
PUBLIC COMMENT:
Jeff White said that he would be glad to entertain any questions.
Commissioner Yuhasz asked what ambulance services JAS provides. Jeff White said
that it is basically non-emergency transportation, such as being discharged from the hospital or
taking patients to receive dialysis, etc.
Commissioner Hemminger asked how often JAS is in Orange County's district and
Jeff White said every day. JAS runs about 350-400 calls per month in Orange County.
A motion was made by Commissioner Yuhasz, seconded by Commissioner
Hemminger to close the public hearing.
VOTE: UNANIMOUS
Annette Moore said that the Board needed to deliberate on the need for an
ambulance service and make a determination about whether a need exists.
Chair Foushee said that this service takes some of the pressure off of Orange County
and is a positive impact financially.
Commissioner Nelson arrived at 7:32 pm.
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A motion was made by Commissioner Yuhasz, seconded by Commissioner Pelissier
to approve the finding that Orange County should permit this franchise for ambulance services
in Orange County.
VOTE: UNANIMOUS
7. Regular Agenda
a. Sales Tax Distribution Method for Fiscal Year 2010-2011
The Board considered Sales Tax Distribution Options and considered confirming that
the Orange County distribution of local option sales tax will remain based on Population for
Fiscal Year 2010-2011.
Financial Services Director Clarence Grier said that every year counties can decide
which distribution method to use for sales taxes.
Deputy Finance Director Michael Talbert made a PowerPoint presentation.
Board of County Commissioners
April 6, 2010
Sales Tax Distribution
- General Assembly first granted Orange County the option of a 1 Cent sales tax in 1971
- Article 39 - 1 cent Sales Tax
Distribution Methods
- Population
- Ad Valorem Property Tax Levy
- Applies to all Local Option Sales Tax Revenues
- Except Article 46 — 1/4 Cent is not distributed to Cities & Towns
North Carolina Counties
Method of Distribution 2009/2010
- 55% Population
- 45% Ad Valorem Property Tax Levy
Change in Method of Distribution
Redistribution of:
- Existing Revenues
- No new Revenues
Estimated Sales Tax Revenues — Population Method
- Orange County - $16,373,405 (61.42%)
- Chapel Hill - $6,752,942 (25.33%)
- Carrboro - $2,466,725 (9.25%)
- Hillsborough - $845,543 (3.17%)
- Mebane - $211,860 (0.79%)
- Durham - $6,331 (0.02%)
Estimated Sales Tax Revenues —Ad Valorem Tax Levy Method
- Orange County - $17,355,102 (65.11%)
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- Chapel Hill - $4,209,827 (15.79%)
- Carrboro - $1,476,629 (5.54%)
- Hillsborough - $610,438 (2.29%)
- Mebane - $124,739 (0.47%)
- Durham - $5,289 (0.02%)
- CHCCS - $2,439,626 (9.15%)
- Fire Districts - $413,579 (1.55%)
- Chapel Hill Downtown District- $21,579 (0.08%)
Increased Sales Tax Revenues
❑Orange County
❑Chapel Hill Carrboro City Schools
D AM Fire Districts
❑Chapel Hill Downtown District
Decreased Sales Tax Revenues
- All Cities & Towns
Timing for Fiscal 2010/2011
- BOCC by Resolution
o Determine which Method of Distribution will apply for Fiscal 2010/2011.
o Decision by the end of April, 2010
Recommendation
No Change in the Distribution of Sales Tax Revenues for the 2010/2011 Fiscal Year
Frank Clifton said that he thinks the Board of County Commissioners adopted this
method probably about 20 years ago. He said that he does not know if this was ever looked at
again. He said that a change now would create a huge budget impact on the towns. The
County would only benefit by about $1 million if the methodology were to change. He said that
if any of the economic development districts were to receive commercial development, the
towns would benefit by getting a larger portion of sales tax. He said that the population
method does benefit the towns greatly.
Commissioner Yuhasz said that he would like to know the situation that surrounded the
last time the Board of County Commissioners approved this method.
Commissioner Hemminger suggested putting this on a February agenda each year to
review. Frank Clifton said that they could do an estimate, but the State has to certify the
assessed values from all entities and it is not available until March.
Chair Foushee suggested getting this information sooner rather than later, as soon
after March 1st as possible.
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A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve of no change to the current sales tax distribution methodology—which is the
"Population" option for distributing local option sales taxes within Orange County for fiscal year
2010-11.
VOTE: UNANIMOUS
b. First Reading: Emergency Services Franchise by Ordinance for Johnston
Ambulance Service, Inc.
The Board considered approving on First Reading the granting of a franchise by
ordinance to Johnston Ambulance Service, Inc. (JAS) —the Franchise Agreement under which
it will operate.
Frank Montes de Oca summarized the abstract:
On February 2, 2010, the Board held a Public Hearing to determine the need for
ambulance services in accordance with North Carolina General Statute 153A-250(a). After
taking comments from the public, the Board found that it was necessary to franchise
ambulance services to assure the provision of adequate and continuing services and to
preserve, protect, and promote the public health, safety, and welfare. Once the Board
determined that ambulance services are necessary, it may by ordinance franchise ambulance
services. However, "no ordinance making a grant, renewal, extension, or amendment of any
franchise may be finally adopted until it has been passed at two regular meetings of the Board
of Commissioners. No such grant, renewal, extension, or amendment may be made except by
ordinance." The Board directed staff to enter into discussions with potential franchisees and to
bring back proposed Franchise Agreements. Johnston Ambulance Service, Inc. will provide
Convalescent Transport Services: Basic Life Support Transport and Emergency Services:
Basic Life Support Transport."
Annette Moore said that JAS meets requirements set out by the general statutes.
Frank Montes de Oca said that this service will relieve Orange County of non-
emergency calls and will be a positive fiscal impact. He read the Manager's recommendation.
Commissioner Yuhasz verified that JAS would not substitute for the Emergency
Services ambulances.
Commissioner Gordon made reference to Exhibit B on page 30 and said that the
information for the exhibit was not filled in. Annette Moore said that it will be filled in with the
assets of JAS.
Commissioner Gordon said that, according to the information in the Financial Impact
section of the abstract, the financial impacts of the proposed granting of the franchise had not
been determined. She would like to see some estimates of the impact. She asked that the
estimates be written out in the agenda materials in the future.
Frank Clifton said that he would bring back a summary page at the next meeting.
Commissioner Gordon asked about the consequences of getting the additional financial
information before approving the franchise.
It was answered that the franchise would not lapse before the second reading and the
Board agreed to get the additional information for the second reading.
A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
to approve on First Reading the granting of a franchise for a five-year term to Johnston
Ambulance Service, Inc. for Basic Life Support Convalescent Transport Services and
Emergency Services; approve the Franchise Agreement under which Johnston Ambulance
Service, Inc. will operate during the five-year period of franchise, and that as a condition of the
Franchise, JAS enter into an Operations Agreement with Orange County within 90 days to
provide for the daily operational functions of JAS as it works within the Orange County
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Emergency Services System; and authorize the Emergency Management Director to negotiate
the Operations Agreement with JAS and the County Manager to sign the Agreement after
review by the County Attorney or his staff. This is with the stipulation that additional financial
information will be included on the second reading.
VOTE: UNANIMOUS
c. The Lodges at Chapel Hill Subdivision — Preliminary Plat Approval
The Board considered receiving recommendations from Planning staff, Planning Board
and Administration to take action on The Lodges at Chapel Hill Subdivision Preliminary Plat
application.
Commissioner Yuhasz asked to be excused from discussion of this item because of
professional ethics. He is the applicant for this project.
A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger
to approve Commissioner Yuhasz being excused from this discussion on the Lodges
subdivision.
VOTE: UNANIMOUS
Planner Glen Bowles made a PowerPoint presentation.
Applicant: ENT Land Surveys, Inc. agent and surveyor for the owners.
Owners: Kenton and Natasha Wiles
Proposal: The subdivision follows the Conventional Design Option with Open Space (per
Article IV-B-10-C.3 of the Subdivision Regulations) and has a total acreage of 43.83 acres:
- Twelve single-family residential lots
- One public road (Lode Trail) 3,940 feet long by 20 feet wide, extending south from
Damascus Church Road
- Lot sizes range from 2.00 acres to 2.07 acres, with a 2.01-acre average
- Open space of 33.3 percent (14.61 acres) in common open space, 85 percent of which
is in areas that would be classified as Primary Conservation Area (stream buffers and
floodplain); and 15 percent of which is in areas that would be classified as Secondary
Conservation Area (forest land)
- The Homeowners Association will own the 14.61 acres of common open space, and
- Gross density of 3.65 acres per lot
Location: Southwest of the Town of Carrboro within the JPA Rural Buffer/University Lake,
south of Damascus Church Road.
Existing Conditions
Watershed —within both the University Lake Protected and University Lake Critical Watershed
Overlay Districts
COUNTY AGENCY REVIEWS:
Recreation:
Public Recreation Space:
- Recommended the county accept a payment-in-lieu option in the amount of $5,460 (12
lots times $455 per lot)
Certification of Adequate Public Schools (CAPS)
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- Chapel Hill-Carrboro City Schools pre-awarded CAPS for 12 housing units on February
11, 2010.
Fire Suppression
- The properties are split by the Damascus and South Orange Fire Districts, however,
access is from Damascus Church Road. Fire suppression for the subdivision will use a
15,000-gallon buried tank.
Water— Sewer
- The site will be served with private wells and on-site ground absorption septic systems.
Public Roads
- Lodge Trail meets the criteria for a Residential Collector Road to be designed to North
Carolina Department of Transportation standards for eventual acceptance.
The Planning Board has recommended approval of the Preliminary Plat.
Staff Findings:
1. The proposed subdivision is compatible with the uses and densities suggested in the
Land Use Element of the Comprehensive Plan.
2. The proposed subdivision complies with the Subdivision Regulations standards relating
to open space percentage and acres, the type of open space, roadway design, and
buffers.
3. The proposed subdivision complies with the Zoning Ordinance standards regarding
minimum lot size, impervious cover, and density.
4. The proposed Preliminary Plat addressed all the issues raised at the time of Concept
Plan approval including removing a direct public road extension of Booth Road.
RECOMMENDATIONS: The Administration recommends the Board of County
Commissioners;
1. Receive the Preliminary Plat application for The Lodges at Chapel Hill,
2. Accept a $5,460 in-lieu-of parkland dedication fee, and
3. Approve The Lodges at Chapel Hill Preliminary Plat:
• in accordance with the attached Resolution of Approval, Attachment 6 page 27,
and
• consistent with Staff Findings listed above.
Commissioner Gordon made reference to the last page of the minutes of the Planning
Board and the friendly amendment made by Judith Wegner to add item 6 on page 65, with
respect to road construction, "to the extent under Orange County ordinances, the
applicant/owner shall provide bonds sufficient to ensure the adequate protection of water
quality within the law for a period of time that ensures that adverse effects have been
mitigated." She asked where this could be added in the resolution.
Glen Bowles said that this would more than likely be in the miscellaneous topics of the
Resolution of Approval on page 31, after item #14.
Commissioner Gordon would like to discuss this issue because this area is a very
sensitive area.
Craig Benedict said that there was a discussion after the Planning Board voted on this
with the Erosion Control Officer and there will be assurances as part of the permitting process
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that any damage that occurs during that road construction would be brought up to the County's
standards and DENR's standards.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
amend the resolution to add condition #15 to section F (Miscellaneous) that, "with respect to
road construction, to the extent allowed under Orange County ordinances, the applicant/owner
shall provide bonds sufficient to ensure the adequate protection of water quality within the law
for a period of time that ensures that adverse effects have been mitigated."
VOTE: Ayes, 5 (Commissioner Yuhasz was excused and Commissioner Jacobs had not
arrived)
A motion was made by Commissioner Pelissier, seconded by Commissioner
Hemminger to accept a $5,460 in-lieu-of parkland dedication fee and approve The Lodges at
Chapel Hill Preliminary Plat:
- in accordance with the attached Resolution of Approval, as amended above,
Attachment 6, page 27, and
- consistent with Staff Findings listed above.
VOTE: Ayes, 5 (Commissioner Yuhasz excused and Commissioner Jacobs absent)
d. Divestiture of County Real Property
The Board considered the disposition of properties discussed for divestiture, and if
recommended, set minimum bids for those properties where minimum bids have not previously
been set.
Director of Asset Management and Purchasing Services Pam Jones said that this item
contains three separate areas in which the County is looking to divest itself of properties. The
first two properties, which the Board has seen previously, are 112 and 118 N. Churton Street.
At that time it was determined that there was insufficient protection of the historic value of the
buildings and the Board requested that the staff go back and negotiate a historic preservation
piece. This has been done and the properties are ready to go back out to bid. The Heritage
Center representatives have been looking at one of these properties as a potential site for the
Heritage Center. As recently as yesterday, the Mayor of Hillsborough has sent an email asking
that the County delay the decision on 118 N. Churton Street. There were good bids on these
properties. The property of 112 N. Churton Street, the smaller property, had a minimum of
$130,000 and the 118 N. Churton Street property was $450,000.
The next building is 129 East King Street, which is now vacant. The appraisal is
$590,000 and this is the recommended minimum bid.
The last property is 1914 New Hope Church Road, which was the previous home for
Emergency Services. The Manager has spoken with the Health Director and there is an
alternative use potential to co-locate the entire dental services in the County here (Whitted
Building and Carr Mill Mall). The price for this property is $430,000.
The minimum bids on all of these total $1.6 million. The proceeds would be split 60-40,
with 60% of the proceeds going to the older schools and 40% being set aside in a reserve for
the southwest branch library.
Frank Clifton said that there is a business in Raleigh that wants to re-locate to one of
these properties and the staff needs direction from Board of County Commissioners.
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Commissioner Gordon pointed out an error in the abstract for the amounts for 112 and
118 N. Churton Street and Pam Jones said to use the resolution for the dollar amounts. The
larger property is 112 N. Churton Street.
Commissioner Yuhasz asked if the County could not accept or reject the bids, but just
defer the decision and Pam Jones said that when the staff brings the bids back, they would
have to be accepted or rejected.
Commissioner Yuhasz said that he would like to be responsive to the Town of
Hillsborough's request but not hold up the process if the Town does not want it. He asked
about the earliest time that these bids would come back to the Board for a decision. Pam
Jones said that it would not be before the summer break.
Commissioner Yuhasz said that the Board could also investigate the alternative use for
the New Hope property during that time.
Frank Clifton cautioned that if the County is not prepared to sell these properties, then
they should not be put on the market because it damages the ability to get the best bids.
Commissioner Yuhasz said that he does not want to take the property off the market,
but he wants to accommodate the Town's request.
Frank Clifton asked if the Board would agree that the County will wait to advertise until
mid-may and if the Town has not made a decision by then, then the County can proceed.
The Board agreed.
Commissioner Pelissier said that she is not in favor of using the New Hope property for
the dental services because it is in a rural area.
Commissioner Hemminger agreed and said that there is no bus service here. She is
interested in the public defender's request and she asked if any of the sites fit this.
Pam Jones said that the original discussion about the court space is 112 N. Churton
Street.
Commissioner Nelson agreed with the New Hope property not being appropriate for
dental services.
Frank Clifton said that this property is next to the interstate and has the 420 bus coming
by.
Commissioner Nelson said to put this New Hope property in front of the public
defender's office anyway.
Commissioner Nelson said that, as far as the Churton Street properties, he is not in
favor of another public office in these because he thinks they should be looked at through an
economic development lens.
A motion was made by Commissioner Nelson, seconded by Commissioner Pelissier to
proceed with this process: to direct staff to move forward on Churton Street property sales;
declare properties at 1914 New Hope Church Road, Chapel Hill and 129 East King Street,
Hillsborough as surplus and set minimum bids as cited; approve the Resolution Authorizing
Sealed Bid Sale as attached; and authorize the Director of Asset Management and Purchasing
Services to carry out the sale pursuant to Board direction. The County will advertise around
mid-May, and communicate with the Town of Hillsborough that the County would like a
decision before mid-May.
VOTE: UNANIMOUS
Chair Foushee said that administration will get information to the Town of Hillsborough.
e. Elimination of Vacant Positions
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The Board considered eliminating currently vacant positions and creating permanent
personnel service cost reductions in the FY 2009-10 and FY 2010-11 Budgets.
Frank Clifton said that the Board of County Commissioners has directed the staff to
balance the general fund budget this year without proposing an increase in property taxes. He
said that the hole has gotten deeper and sales taxes have fallen lower than expected. He said
that he is eliminating vacant positions and he might have to look at RIFs (reduction in force).
He will be bringing forth a policy to give staff to make some personnel decisions. He said that
every department head is aware of the possibility of this reduction.
Human Resources Director Michael McGinnis went through Attachment 1, Proposed
Positions for Elimination.
Frank Clifton made reference to the public comment earlier from the Solid Waste staff
person and said that Solid Waste disposal depends on the general fund in the amount of
about $2 million a year. Part of the budget process will be to evaluate whether County
government should look elsewhere for those services in order to save some of that $2 million.
Commissioner Gordon said that there are more vacant positions than this and she
asked when these would be considered.
Frank Clifton said that there will be more review of positions. He is looking at the
retirement incentives. He wants to avoid as much direct impact on services as possible. He
said that the Board will have some difficult decisions to make during the budget process.
Commissioner Nelson asked about the Public Works Director position and who would
take care of these duties. Frank Clifton said that some other positions will probably be
restructured.
Michael McGinnis said that the function is being handled currently by the Director of
Asset Management and Purchasing.
Commissioner Pelissier asked about the Visitor's Bureau position and if Orange County
would be using 100% of the occupancy tax for the Visitor's Bureau if this position were
eliminated.
Frank Clifton said that 100% of the occupancy tax would be used for the Visitor's
Bureau and County functions.
Commissioner Yuhasz said that this is a good first step towards making up the shortfall,
but there will be a reduction in all services that the County provides and funds.
A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon
to approve eliminating the 21 positions identified in Attachment 1.
VOTE: UNANIMOUS
Frank Clifton pointed out that this is roughly a savings of $1.2 million.
f. Adjusting the Limits on the Manager's Contracting Authority
The Board considered information regarding the contracting authority of county
managers in various North Carolina counties in order to compare the information to Orange
County and, if appropriate, adjust the Manager's contracting authority.
John Roberts said that shortly after he got to the County they discussed efficiencies in
the county attorney's office. He gave a suggestion to increase the limits of the Manager's
contracting authority from $5,000 and the Board of County Commissioners did increase it up to
$25,000. He said that Frank Clifton's probationary status is over now and he recommended
that his authority be increased.
Frank Clifton said that the Manager cannot sign a contract for any amount of money
that is not budgeted and approved by the Board as an authorized expense. He said that he
7
does not care what the amount is set at, but $25,000 is fairly low and sometimes vendors have
to wait for contracts to be put on the agenda.
Commissioner Gordon said that she thought there should be more language, such as
protective language, in the specifications of the manager's contracting authority. She said that
the amount that seems large to her is in bullet 1, "The Manager may execute contracts for
construction or repair projects which do not require formal competitive bid procedures and for
which the amount to be expended does not exceed $499,999." She thought an incremental
step might be sufficient. She wants to make sure to enter into the record this information so
that it is public. She said that the procedures listed here governing the manager's authority are
miminal.
Frank Clifton said that many counties make it part of the budget ordinance. He said
that the real issue is that the County is bound by state statute. He asked the County
Commissioners to just pick a number.
Commissioner Jacobs arrived at 9:12 pm.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
increase the Manager's signature authority on bullets #1 and #2 to $49,999.
Commissioner Hemminger said that this is too restrictive and it should be $90,000.
Commissioner Yuhasz agreed with Commissioner Hemminger. He suggested setting #3 at
$249,000.
Commissioner Jacobs said that Commissioner Gordon's motion is too restrictive but
Commissioner Yuhasz's is too much.
VOTE: Ayes, 3; Nays, 4 (Commissioner Hemminger, Commissioner Yuhasz, Commissioner
Pelissier, and Chair Foushee)
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
set#1 as $100,000 and #2 as $89,999.
VOTE: Ayes, 3; Nays, 4 (Commissioner Hemminger, Commissioner Yuhasz, Commissioner
Pelissier, and Chair Foushee)
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to set#1 at $250,000 and #2 at $89,999.
VOTE: Ayes, 4; Nay, 3 (Commissioner Jacobs, Commissioner Gordon, and Commissioner
Nelson).
8. Reports - NONE
9. County Manager's Report
Frank Clifton said that he, Chair Foushee, and Clarence Grier went to the Local
Government Commission and it approved the Carrboro High School Arts wing financing, but
the members are concerned about the findings that Orange County had. He said that Orange
County took a tongue lashing today from the LGC because of the nine audit comments that
were repeated from last year.
Chair Foushee said that the LGC seemed to be concerned about the Board of County
Commissioners' lack of oversight and that no internal controls were applied. She said that she
committed to the LGC that the Board of County Commissioners would make sure that the
County's internal controls are in place.
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Commissioner Gordon asked what was said about the oversight. She asked what the
LGC said commissioners should be doing, especially since the Orange County Board of
Commissioners sometimes gets accused of micromanagement. Frank Clifton said that there
were audit findings repeated from prior years and that is some indication that there needs to
be an explanation.
Commissioner Gordon said that she would like to see some minutes or the proceedings
of that meeting so that she can know exactly what the LGC said.
Frank Clifton said that he would ask, but the meeting was all of ten minutes. He can
give a summation of what was said.
Frank Clifton pointed out that Orange County is only 65% reporting to the census. He
encouraged everyone to complete their census forms.
He said that there was a meeting today with the Mayor and Manager of Chapel Hill and
the Chair to talk about libraries and other things. He relayed to the Chapel Hill representatives
that the Board of County Commissioners would like to move forward with an increase in the
subsidy to the Chapel Hill Library, but it may be some time coming depending on budget
issues. There was also a discussion of forming a committee of members of the two boards to
talk about the parameters of the agreement (two Board of County Commissioner members and
two Town Board members).
Chair Foushee made reference to the committee and said that the Mayor has the
authority to appoint two council members, but she does not have that authority. She thinks
that Commissioner Jacobs and Commissioner Nelson would serve admirably. They agreed to
serve.
10. County Attorney's Report
a. A Report on the Costs and Benefits Associated with Bringing Social
Services and Child Support Enforcement Legal Services In-house
The Board considered information regarding the possibility of replacing the current legal
services model for the Department of Social Services (DSS) and Child Support Enforcement.
John Roberts said that he is not asking for any action, but he is just showing the Board
the numbers. He said that it would not be easy to bring this in-house because it requires quite
a bit of specialization. Currently, these services are provided by contract. Between $29,000
and $45,000 could be saved annually with the creation of two new positions and bringing
these legal services in-house. He said that three judges in the County are opposed to any
change.
There are three options: maintain the status quo, unify the contracts and allow one law
firm to provide these services, or bring the services in-house and hire a staff attorney and a
legal assistant.
The actual costs currently are around $96,000 for this fiscal year. For next fiscal year,
if the Board decided to go with a unified contract, there might be a savings of $16,000. For
option three, the total cost to the County would be approximately $68,400.
Commissioner Yuhasz said that when he reads the testimonials from the judges it is
clear that the attorneys are doing a good job and he would like to consider keeping them. He
said that it also seems that the testimonials are for the people and not for the system. He
would like to look at transitioning to a different system when these attorneys are no longer
willing to participate.
Commissioner Pelissier said that she was leaning that way until she read about
retirement costs.
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Social Services Director Nancy Coston said that there are efficiencies in having
attorneys that know the requirements of the court and making sure they get that when a case
is brought into court. It takes more time if there are attorneys that do not know the process.
Commissioner Nelson agreed with Commissioner Yuhasz's comments and said that the
County could transition at some time but not now.
Commissioner Gordon said that it is not clear that more money would be saved by
bringing this in-house, based on information we have received.
11. Appointments
a. Orange County Housing Authority Board — New Appointment
The Board considered making an appointment to the Orange County Housing Authority
Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve appointing Ms. Tori Smith to a full term ending June 30, 2012.
VOTE: UNANIMOUS
12. Board Comments
Commissioner Hemminger thanked the staff for the Granicus system and said that it is
easy to use.
Commissioner Yuhasz said that last week he toured some meeting facilities in the area
and said that the permanence of each of those meeting rooms gives the bodies a home. He
said that he is looking forward to the renovations to the Link Government Services Center that
will give the Orange County Board of Commissioners that home.
Commissioner Pelissier— none
Commissioner Nelson — none
Commissioner Gordon reported on transportation information received at the recent
joint meeting of the two Metropolitan Planning Organizations. She distributed a packet of
information from that meeting of the DCHC MPO and CAMPO. She said that Triangle Transit
staff is working with the staffs of local governments on a financial plan for transit in three
counties.
There are more details in these proposed plans than were presented at the recent Assembly
of Governments meeting, and plans are continuing to evolve as the estimates of the money
that will be available continue to change. She recommended that the Commissioners receive
a presentation on these county transit plans sometime soon.
Commissioner Jacobs said that he attended the joint meeting of all of the economic
development entities in the County, including the University, on March 31st and it was a very
positive meeting. The next step is for elected officials of different boards to coalesce around
some basic premise of joint effort of economic development and go back to the group and try
and have some sort of coordinated approach to economic development. Also, there is a
presentation Thursday night about the plasma arc incineration at the Solid Waste Operations
Center. He encouraged members of the public to attend because it is very interesting.
Chair Foushee said that next Tuesday is the Regional Transportation Alliance breakfast
and most of the information from Commissioner Gordon will be discussed. There will be
presentations from the Chairs of the three counties and she will be presenting what is
contained in the packet from Commissioner Gordon regarding the regional plan. Also, the
Triangle J Area Meeting of the Mayors and Chairs will also be next Tuesday and they will
discuss Transfer of Development Rights for the region.
13. Information Items
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• Quarterly Capital Project Summaries
• March 16, 2010 BOCC Meeting Follow-up Actions List
14. Closed Session-NONE
15. Adjournment
A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to
adjourn the meeting at 10:02 pm.
VOTE: UNANIMOUS
Valerie Foushee, Chair
Donna S. Baker, CMC
Clerk to the Board