HomeMy WebLinkAboutMinutes 06-15-2010 APPROVED 9/2/2010
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 15, 2010
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June
15, 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 S. 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
The Chair asked to add a closed session item:
Pursuant to G.S. 143-318.11(a)(3): "To consult with an attorney employed or retained
by the public body in order to preserve the attorney-client privilege between the attorney and
the public body, which privilege is hereby acknowledged."
The Chair also asked to add item 3-b (yellow sheet), Resolution of Recognition for
Orange County Register of Deeds Joyce Pearson.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve adding the two additional items.
VOTE: UNANIMOUS
The Chair also asked to defer item 4-f, Agreement Renewal with UNC Family Medicine
and Health Department for Physician Services.
A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
to approve deferring item 4-f.
VOTE: UNANIMOUS
The Chair acknowledged the items at the County Commissioners' places:
- Proposed item 3B- Resolution of Recognition for Register of Deeds —Joyce
Pearson
- A pink sheet related to item 4-b -Appointments
- Light green sheet related to item 4-w Appropriate Funds to Existing County Capital
Projects and Transfer Funds to the County Capital Reserve Fund
- Rose sheet related to item 4-x- Approval of the First Year of Capital Investment
Plan and Changes to the 2010-15 CIP Process
- White sheet related to item 4-aa (from Commissioner Gordon)-Next Steps: Orange
County and Town of Chapel Hill Library Needs
- Grey sheet related to item 4-cc-Efland Sewer New Customer Information Packet
and Outreach
- Light blue sheet related to item 7-a - Approval of Fiscal Year 2010-11 Budget
Ordinance, Grant Project Ordinances and Fee Schedule
- Peach sheet also related to item 7-a - Approval of Fiscal Year 2010-11 Budget
Ordinance, Grant Project Ordinances and Fee Schedule
- Buff sheet related to item 8-a - Triangle Regional Transit Public Involvement Plan
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Joan Pellitier is Director of Triangle J Council of Governments Area Agency on Aging.
She said that Commissioner Jacobs suggested that she introduce to the Board the new Long-
Term Care Ombudsmen, who is employed by the TJCOG Area Agency and will be working
with long-term care facilities in Orange and Chatham Counties. Her name is Charlotte
Terwilliger and she comes from the State University of New York in Albany and has much
experience working with older adults. She has also worked for over 20 years at Wake Med as
Director of Case Management.
Charlotte Terwilliger introduced herself and explained that she would be advocating for
residents in long-term care facilities in both counties.
Joe Phelps said that the Board of County Commissioners need a meeting room but his
first glance at the proposed plans looked to him like a bowling alley. He said that the County
Commissioners could stage some of the meeting room now so they could actually see how
much room is actually down there. This should be done before more money is spent on a
consultant. He said that a meeting room is much needed, and if they need to wait another
year to implement it, then so be it, but it should be staged first.
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. Report from the Domestic Violence Shelter Work Group of the Commission
for Women
The Board received the final report from the Domestic Violence Shelter Work Group of
the Commission for Women based on a June 16, 2009 charge from the BOCC.
Beverly Kennedy, Executive Director of the Family Violence Prevention Center of
Orange County presented the report. She said that the work group volunteered to do research
on the multiple issues identified. The work led to directional goals with staged or tiered
solutions, which are in the document. Given the time and resource constraints, they were
unable to deal directly with issues such as finances or other proposed projects, who would
assume leadership roles, how they were to be implemented, and timeframes for completion of
any and all goals. These issues will have to be addressed in a second phase, which will
hopefully be approved by the Board. Project recommendations came in three tiers. She said
that they want to find a way to engage other hotels in the area in order to provide rooms for
clients on a regular basis.
Shannon Jackson, Chair of the Commission for Women, said that the second tier is to
expand the services of Home Start. Serious consideration and funding would be required to
implement this phase, which includes shelter services.
Michelle Williams, Orange County Assistant District Attorney, said that the third tier
would be a freestanding shelter for victims of domestic violence. This would be a long-term
project.
Commissioner Nelson said that he was the Board liaison to this group and he
commended the work that was done. He said that the final result of the three-tiered approach
is very prudent and fiscally responsible. He said that there is a need to find "shelter", but not
necessarily "A" shelter.
Commissioner Jacobs asked about expanding services with Project Homestart and if
this was saying that Orange County residents take precedent. Beverly Kennedy said that it
would be prudent to approach the Inter-Faith Council with the idea of providing shelter for
victims in Orange County.
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
receive the final report and acknowledge the effort by the Work Group of the Commission for
Women in advancing the cause of a domestic violence shelter in Orange County. Additionally,
the Manager recommends the Board direct staff to assist in transitioning further efforts on its
principal recommendations to The Women's Center and returning an update to the BOCC from
The Women's Center by January 2011.
VOTE: UNANIMOUS
b. Resolution of Recognition for Orange County Register of Deeds Joyce
Pearson -ADDED
The Board considered a resolution of recognition for Joyce Pearson, retiring Register of
Deeds for Orange County.
Commissioner Pelissier read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF RECOGNITION
FOR
REIGSTER OF DEEDS JOYCE PEARSON
WHEREAS, Joyce Pearson has served the residents of Orange County for twenty-two years
with great distinction as Deputy Register of Deeds, Assistant to the Register of Deeds, and
Register of Deeds; and,
WHEREAS, in 1998, the voters of Orange County elected Joyce Pearson into office as
Register of Deeds, making her the second woman to hold this countywide elected office in
Orange County, and Ms. Pearson has proven herself to be a dedicated and effective public
servant who has gained the admiration and respect of all who have known her in both the
public and private sectors; and
WHEREAS, Ms. Pearson was responsible for the implementation of the AMCAD (AMERICAN
CADASTRE, LLC) System, a system that provides images on the web and faster and more
effective service; and
WHEREAS, during her tenure with the Register of Deeds office, Joyce Pearson has served on
the Vital Records, Constitution/By-Laws and Resolutions Committees of the North Carolina
Association of Register of Deeds; and
WHEREAS, through her tireless service Ms. Pearson has demonstrated leadership, wisdom,
and community spirit — all tempered with common sense and an approachable and open
demeanor —thus enhancing County services and improving Orange County's unique quality of
life; and
WHEREAS, the Orange County Board of Commissioners desire, on behalf of themselves and
the residents of Orange County, to express to Joyce Pearson their deep appreciation and
gratitude for her service rendered to the County over the past twenty-two years;
NOW THEREFORE, BE IT RESOLVED the Orange County Board of Commissioners offers
Ms. Pearson its very best wishes for success, happiness, prosperity and good health in her
future endeavors.
BE IT FURTHER RESOLVED that this resolution be presented to Ms. Pearson and that the
Resolution be spread upon the minutes of this meeting.
This the 15th day of June 2010.
A motion was made by seconded by to approve a resolution of recognition for Joyce
Pearson, retiring Register of Deeds for Orange County.
VOTE: UNANIMOUS
There was no motion or vote.
4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to approve those items on the consent agenda as shown below:
a. Minutes
The Board approved the minutes from May 18 and 27, 2010 as submitted by the Clerk to the
Board.
b. Appointments
(1) Orange County Board of Adjustment— Reappointment
The Board reappointed James Carter to the Orange County Board of Adjustment to a
second full term expiring June 30, 2013.
(2) Board of Health — Reappointment
The Board reappointed Dr. Paul Chelminski to the Board of Health to a first full term
expiring June 30, 2013.
c. The Appointment of Deborah Brooks to Serve as Successor Register of Deeds in the
Event of a Vacancy in the Office of Register of Deeds
This item was removed and placed at the end of the consent agenda for separate
consideration.
d. Motor Vehicle Property Tax Release/Refunds
The Board adoption a refund resolution, which is incorporated by reference, related to 28
requests for motor vehicle property tax releases or refunds in accordance with NCGS.
e. Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze
Farm
The Board approved and authorized the Chair to sign: a) the amendment to the Cooperative
Agreement between Orange County and the US Commodity Credit Corporation for the receipt
of $172,000 in federal funds for the acquisition of an agricultural conservation easement on
the Breeze farm prior to August 31, 2012. The terms of the final agreement are subject to final
review by the County Attorney and staff; and b) the contract between Orange County and the
NC Department of Agriculture and Consumer Services for the receipt of $150,000 in state
funds for the acquisition of an agricultural conservation easement on the Breeze farm prior to
the June 30, 2012. The terms of the final agreement are subject to final review by the County
Attorney and staff.
f. Agreement Renewal with UNC Family Medicine and Health Department for Physician
Services
The Board approved the renewal agreement and Addenda A with UNC Family Medicine and
Health Department for Physician Services and authorized the Chair to sign pending approval
of the FY 2010-2011 budget.
Agreements Between Chapel Hill Carrboro City Schools, Orange County Schools, and
Health Department for School Nurses
The Board approved the agreements between Chapel Hill Carrboro City Schools, Orange
County Schools, and the Health Department for nine school nurses and authorized the Chair
to sign subject to approval of the FY 2010-2011 budget.
h. Renewal of Agreement with UNC Hospitals for DSS to Provide Medicaid Workers
The Board accepted the Social Services Board recommendation and approved the renewal of
the agreement for income maintenance staff at UNC Hospitals and authorized the Chair to
sign pending approval of the Orange County FY 2010-2011 budget.
i. Renewal of Agreements with In-Home Aide Providers to Provide In-Home Aide
Services to Eligible Adults
The Board approved renewing agreements to provide In-Home Aide Services with Arcadia
Health Services, Inc., Personalized Patient Home Assistance, Inc., CNC Access, Inc.,
Flaircare, Inc., and TAMM, L.L.C. for eligible adults using joint agreements between the
Department of Social Services and the Department on Aging and the Contractor and
authorized the Chair to sign pending approval of the FY 2010-2011 budget.
L Renewal of Contract with Northen Blue, L.L.P. for DSS Legal Services
The Board accepted the Social Services Board recommendation and approved the contract
renewal for legal representation with Northen Blue, L. L. P., for Fiscal Year 2010-2011 and
authorized the Chair to sign the contract contingent upon approval of the FY 2010-11 budget.
k. Renewal of Agreement for Social Work Services Between Orange County Schools
and Orange County Department of Social Services
The Board accepted the recommendation of the Social Services Board and renewed the
agreement between the Orange County Schools and the Orange County Department of Social
Services for the provision of eight Department of Social Services positions and related
supervision to provide social work and case management services in the schools and
authorized the Chair to sign contingent upon the continuation of federal and contract funding
and approval of the FY 2010-11 budget.
I. Acceptance of Funds To Continue Evening/Weekend Hours at Two Senior Centers
The Board approved the acceptance of funds from the Friends of the Robert and Pearl
Seymour Center and from the Friends of the Senior Center for Central Orange during FY2010-
11 to maintain after hours service at the two senior centers by employing non-permanent staff.
m. Agreement Renewals Between Community Respite Care Providers and the
Department on Aging
The Board approved and authorized the Manager to sign agreements with respite care
providers subject to approval of the FY 2010-11 budget. Such authorization shall not exceed
the amount budgeted for this function in the operating budget for the Department on Aging.
n. Pyrotechnics Permit– Orange County Speedway
The Board approved a pyrotechnics permit for Orange County Speedway for July 3, 2010
pending verification of valid and current insurance coverage, and authorized staff to execute
permits as needed.
o. Approval of Interlocal Agreement for Insurance Pool Participation
The Board approved the resolution, which is incorporated by reference, adopting an interlocal
agreement supporting the County's participation in the NCACC-Risk Management Insurance
Pools for Liability and Property, Workers' Compensation and Group Benefits insurance
coverage and authorized the Chair to sign.
One Year Extension of Lease for Parks Operations Base
The Board approved a one-year lease extension through July 31, 2011 for property at 503
Cornerstone Drive, Hillsborough, currently being used as a Parks Operations Base and
authorized the Chair to sign, pursuant to the terms and conditions cited herein and contingent
upon approval of funding included in the FY 2010-11 Manager's Recommended Budget; and
authorized the Chair to sign on behalf of the Board.
g_ Propose to Accept Offer to Purchase County Property and Update Status of the Sale
of Other County Property
The Board proposed to accept the highest offer submitted as outlined, approved the
Resolution Authorizing Upset Bid Process, and authorized the Chair to sign the resolution as
appropriate.
Resolution Authorizing Upset Bid Process
WHEREAS, the Orange County owns the following property located at the following location:
• Graham Building, 118 N. Churton Street, Hillsborough—PIN # 874065497 and;
WHEREAS, North Carolina General Statute § 160A-269 permits the County to sell property by
upset bid, after receipt of an offer for the property; and
WHEREAS, the County has received an offer to purchase the property described above, from
the group listed below in the amounts listed below
Amount of Highest
Building Name Group Submitting Highest Bid bid
Graham Building, 118 N. Churton Street,
Hillsborough James B. Johnson III $171,408.00
WHEREAS, the bidders have paid the required five percent (5%) deposit on their offers;
THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY
RESOLVES THAT:
1. The Board of County Commissioners authorizes sale of the properties described above
through the upset bid procedure of North Carolina General Statute § 160A-269.
2. The Director of Asset Management and Purchasing Services shall cause a notice of the
proposed sales to be published. The notice shall describe the properties and the amount of the
offers, and shall state the terms under which the offer may be upset.
3. Persons wishing to upset the offer that has been received shall submit a sealed bid with
their offer to the office of Asset Management and Purchasing Services within 10 days after the
notice of sale is published. At the conclusion of the 10-day period, the Director shall open the
bids, if any, and the highest such bids will become the new offer. If there is more than one bid
in the highest amount, the first such bid received will become the new offer.
4. If a qualifying higher bid is received, the Director of Asset Management and Purchasing
Services shall cause a new notice of upset bid to be published, and shall continue to do so
until a 10-day period has passed without any qualifying upset bid having been received. At that
time, the amount of the final high bid shall be reported to the Board of County Commissioners.
5. A qualifying higher bid is one that raises the existing offer by not less than ten percent
(10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer.
6. A qualifying higher bid must also be accompanied by a deposit in the amount of five percent
(5%) of the bid; the deposit may be made in cash, cashier's check, or certified check. The
County will return the deposit on any bid not accepted, and will return the deposit on an offer
subject to upset if a qualifying higher bid is received. The County will return the deposit of the
final high bidder at closing.
7. The terms of the final sale are that
— the Board of County Commissioners must approve the final high offer before each
sale is closed, which it will do within 30 days after the final upset bid period has passed,
and
—the buyer must pay with cash at the time of closing.
8. The County reserves the right to withdraw the property from sale at any time before the final
high bid is accepted and the right to reject at any time all bids.
9. If no qualifying upset bid is received after the initial public notice, the offer set forth above is
hereby accepted. The appropriate county officials are authorized to execute the instruments
necessary to convey the property to the groups listed above
Adopted June 15, 2010
r. Bid Award for Piedmont Food and Agricultural Processing Center Renovation
The Board awarded the bid to Morlando Construction, LLC in the amount of $802, 470 for
renovation work for the Piedmont Food and Agricultural Processing Center contingent upon
approval from the Tobacco Trust Fund for reallocation of funds; authorized the County
Manager to execute the contract subject to County Attorney review on behalf of the Board; and
authorized the Manager to sign necessary change orders to the extent of the project budget
for renovation as well as new and/or used equipment.
s. RFP Award: Fire/Rescue/EMS Study
This item was removed and placed at the end of the consent agenda for separate
consideration.
t. RFP Award: Audit Services
The Board awarded Request for Proposal #5163 to Martin Starnes &Associates, CPAs, P.A.
of Hickory, North Carolina to Conduct auditing services for Orange County in the amount of
$83,300; and authorized the Manager to sign pending staff and attorney review.
u. Fiscal Year 2009-10 Budget Amendment #11
The Board approved budget and capital project ordinance amendments for Fiscal Year 2009-
10 for Visitor's Bureau, Housing and Community Development, Economic Development
(Piedmont Food and Agricultural Processing Center Capital Project Ordinance), Emergency
Services, Technical Amendment, and Department of Social Services.
v. Close County Capital Projects
The Board approved the closing of 15 projects with total available funds of $872,282; the
transfer of $825,000 from existing projects to the Capital Projects Fund Balance as listed on
Attachment 1 and approved the amendments to the four Capital Projects Ordinances,
Attachments 3-6.
w. Appropriate Funds to Existing County Capital Projects and Transfer Funds to the
County Capital Reserve Fund
The Board appropriated $1,020,133 from Unallocated Resources and $409,337 from the Fund
Balance of the County Capital Projects Fund to fund the $1,429,470 shortfall; and
appropriated $200,000 from the Fund Balance of the County Capital Projects Fund to the
County Capital Reserve Fund, $150,000 without reservation and $50,000 to be reserved for
Library Facilities; and approved the amendments to four Capital Project Ordinances,
Attachments 1-4.
x. Approval of the First Year of Capital Investment Plan and Changes to the 2010-15 CIP
Process
The Board approved the first year of the County Capital Investment Plan, changes to the 2010-
15 CIP process, and approved amendments to five Capital Project Ordinances, Attachments 2-
6.
Amendment to Orange County Personnel Ordinance Article IV, Section 15.0, Military
Leave
The Board approved the proposed Personnel Ordinance Amendment to Article IV, Section
15.0 Military Leave and authorized the County Manager to promulgate Administrative Rules
and Regulations to implement the mandate of this Ordinance. The amendment to the
Personnel Ordinance would be effective upon signature of the Administrative Rules and
Regulations by the County Manager.
z. Employment Agreement for Donna Baker— Clerk to the Board
The Board confirmed the terms of the employment agreement for Donna Baker, Clerk to the
Board.
aa. Next Steps: Orange County and Town of Chapel Hill Library Needs
This item was removed and placed at the end of the consent agenda for separate
consideration.
bb.Letter to Town of Carrboro Regarding Amendments to the Water and Sewer
Management, Planning, and Boundary Agreement
The Board approved the transmittal of a letter to the Town of Carrboro regarding the Town's
concerns about proposed amendment to the Water and Sewer Management, Planning, and
Boundary Agreement and authorized the Chair to sign.
cc. Efland Sewer New Customer Information Packet and Outreach
This item was removed and placed at the end of the consent agenda for separate
consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
5. Items Removed From Consent Agenda
c. The Appointment of Deborah Brooks to Serve as Successor Register of
Deeds in the Event of a Vacancy in the Office of Register of Deeds
The Board considered approving a resolution to allow for the appointment of a
Successor Register of Deeds should a vacancy in the Office of the Register of Deeds occur.
Chair Foushee recognized Deborah Brooks as Interim Register of Deeds.
A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon
to approve a resolution to allow for the appointment of a Successor Register of Deeds should
a vacancy in the Office of the Register of Deeds occur.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION APPOINTING DEBORAH BROOKS SUCCESSOR
REGISTER OF DEEDS UPON THE RETIREMENT
OF JOYCE PEARSON
WHEREAS, Joyce Pearson, Orange County Register of Deeds, after many years of dedicated
service to Orange County and its citizens and residents, has announced her retirement
effective June 30, 2010; and
WHEREAS, North Carolina General Statute §161-5 states: "When a vacancy occurs from any
cause in the office of register of deeds, the board of county commissioners shall fill such
vacancy by the appointment of a successor for the unexpired term, who shall qualify and give
bond as required by law;" and
WHEREAS, on June 30, 2010 and for the next approximately one and one half months the
Orange County Board of Commissioners will be on its summer recess and unable to appoint a
Successor Register of Deeds to fill the unexpired term of Ms. Pearson; and
WHEREAS, Deborah Brooks, Assistant Register of Deeds, is qualified to hold the office of
Register of Deeds, is the only candidate lawfully registered for the office in the current election
cycle, is willing to serve the unexpired term of current Register of Deeds Joyce Pearson, and is
recommended by the Orange County Democratic Party Executive Committee to fill the
vacancy created by Ms. Pearson's retirement; and
WHEREAS, it is in the best interest of Orange County and its citizens and residents that
Orange County have an individual serving the needs of its citizens and residents in the official
capacity of Orange County Register of Deeds;
NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners does
hereby appoint Deborah Brooks as Successor Register of Deeds, that this appointment is
effective only upon the retirement of Joyce Pearson, that bond for the office is approved in the
same amount as currently exists, that the salary for the Successor Register of Deeds is set at
$73,377.00, and this appointment shall be of such duration as to fill the unexpired portion of
the term of Joyce Pearson.
This the 15th day of June 2010.
VOTE: UNANIMOUS
s. RFP Award: Fire/Rescue/EMS Study
The Board considered awarding Request for Proposal #5158 to MMA Consulting
Group, Inc. of Brookline, MA to Conduct a Phase One Assessment of the Current Fire Rescue
and Emergency Medical Services Delivery System in Orange county North Carolina in the
amount of $71,500 and authorizing the Manager to sign pending staff and attorney review.
Commissioner Gordon said that she had asked if the assessment would include mutual
aid contracts and she was assured that this would happen. She wants to make sure that this
was specifically included. Emergency Services Director Frank Montes de Oca said that the
scope of the study would include mutual aid agreements — both internal and external.
A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to
award the Request for Proposal #5158 to MMA Consulting Group, Inc. of Brookline, MA to
Conduct a Phase One Assessment of the Current Fire Rescue and Emergency Medical
Services Delivery System in Orange county North Carolina in the amount of $71,500 and
authorize the Manager to sign pending staff and attorney review.
VOTE: UNANIMOUS
aa. Next Steps: Orange County and Town of Chapel Hill Library Needs
The Board considered next steps on strategies and funding supports for meeting library
needs in Orange County.
Commissioner Jacobs asked the Manager, as part of developing the three-year plan for
the Orange County Library needs, including the southwest library branch, if it was assumed to
include finding a place to locate it.
Frank Clifton said that there have been some discussions internally and the staff could
bring forward different scenarios.
Commissioner Gordon made reference to her memo which includes her interpretation
of the motion on library needs and said that this item was brought back to the Board to clarify
the motion and next steps. She said that she asked the Clerk to listen to this on Granicus.
When the motion was put out to send to Chapel Hill, there were technical difficulties and the
Clerk could not listen to the Granicus video at that point. Commissioner Gordon said that she
listened to it later and has brought forward what she thought was done that night. She asked
Clerk to the Board Donna Baker if this motion that she has in her memo was correct. Donna
Baker said that it is correct and it is a compilation. The first motion that was sent out was also
a compilation of a discussion and did not include the additional funding part for the Town of
Chapel Hill. It is up to the Board how it would like to clarify the motion.
Commissioner Gordon said that the Board should ask the Manager to include in the
three-year plan a funding stream for the southwest library branch and also an increase for the
Chapel Hill Library system.
Commissioner Jacobs said that he generally agreed with Commissioner Gordon's
comments and he, Commissioner Yuhasz, and Commissioner Nelson did discuss this increase
to Chapel Hill in reference to their own library systems. He said that the motion is not clear
that the intention is to identify a funding stream for all of those needs (Orange County Library
system, southwest library branch, central library in rural Orange, and the Chapel Hill Library).
He thought this was what the motion was.
Commissioner Nelson said that his understanding was that the motion as he stated it at
the last meeting included the phrase, "including an increase in funding to the Chapel Hill
Library System."
Commissioner Yuhasz said that he does think the County Commissioners need to
increase the funding to Chapel Hill and this should stay a part of the discussion, but Orange
County does have its own library. If the Chapel Hill Library becomes a part of the Orange
County Library System, then the County needs to support it. His concern is that if the County
presupposes additional funding, then it is making a promise to the people of Chapel Hill that
the funding increase will be made. He wants to be clear that this is not a continuing or
permanent commitment to fund the Chapel Hill Library.
Chair Foushee said that she agrees with what Commissioner Gordon brought forward,
but a large part of the discussion was about how to move forward. She met with Mayor
Kleinschmidt last Friday and they talked about how to move forward, understanding that there
has to be an agreement between the Town of Chapel Hill and Orange County. She said that
they proposed that the work group that has already been established continue to work to that
effort and to expand the work group to include the Mayor, the Chair, and the two librarians.
Frank Clifton said that the issue going forward with the Town of Chapel Hill should be
covered by a Memorandum of Understanding that would be renewed every 3-5 years.
Commissioner Jacobs said that he would welcome the participation of the Chair, Mayor,
and Librarians, but he would also like the staff to work on this before meeting with Chapel Hill
again.
Commissioner Gordon read her interpretation of the motion:
"A motion was made by Commissioner Nelson, seconded by Commissioner Gordon
and then amended with a friendly amendment by Commissioner Yuhasz to develop a three-
year plan that would identify a funding stream for Orange County library needs, including the
southwest library branch, library branch in rural Orange, and including an increase in funding
to the Chapel Hill Library system, and to develop a time-limited three to five-year Memorandum
of Understanding that would include a formula that would address future County support for
and potential future changes to the Chapel Hill Library system, (such as interoperability and
effects that a southwest branch library would have on Chapel Hill Library non-resident usage),
noting that funding is non-permanent."
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
verify the above motion and develop a three-year plan that would identify the funding stream
and do the MOU, adding that the work group be reconstituted.
Commissioner Jacobs clarified that the motion was "to develop a three-year plan that
would identify a funding stream for Orange County Library needs — Central Library, Southwest
Library Branch, rural Orange, and Chapel Hill Library— and to develop....."
Commissioner Nelson said that this would take out increased funding to Chapel Hill.
Chair Foushee agreed that would be the effect.
Commissioner Nelson said that the discussion was captured in the minutes and the
details can be worked out in the three-year plan and the MOU. He thinks that the motion is
fine.
VOTE: Ayes, 5; Nay, 2 (Commissioner Yuhasz and Commissioner Jacobs)
Commissioner Yuhasz said that he is not comfortable with pledging an increase at any
cost.
Commissioner Nelson said that there is $210,000 set aside for a southwest branch.
The first part of the plan is to figure out where the money is going to come from and then to
figure out the site.
This action includes reconstituting the work group.
cc. Efland Sewer New Customer Information Packet and Outreach
The Board reviewed a "Community Public Sewer Program Package" and considered
approving the Outreach Program for property owners in the area of the Efland Sewer
expansion.
Commissioner Jacobs said that he would like to communicate to the people on
Buckhorn Road that there is a timeframe and that Buckhorn Road is included in it.
Planning Director Craig Benedict said that the staff would do this.
Commissioner Jacobs asked Craig Benedict to provide the County Commissioners with
a history of discussions with the Orange-Alamance Water System.
The Board agreed by consensus.
Commissioner Gordon asked about the efficiencies of having a larger system since
more people would be paying into it.
Craig Benedict said that the statement that the larger the system, the more the costs
can be spread out is true. There will be a study coming back in the fall about the break-even
point. He said that the main thing is that the Efland system is very small and if the system is
sent to another entity to maintain, the entity will want as many customers as possible. Part of
growing the customer base is in anticipation to work with the Town of Hillsborough or the City
of Mebane.
Commissioner Gordon made reference to 1-a, and suggested leaving out one of the
sentences, such as, "the rates have to increase in order to pay for the ever increasing costs of
operations." She said that right now the County is not even recovering the cost of getting the
treatment done in Hillsborough. She suggested saying something about this. She also
suggested talking about the incentives before putting them in.
Chair Foushee said that she supported the first two pages and Commissioner Gordon's
point on page 1-a. She said that this first sentence is kind of harsh.
Craig Benedict said that those sentences could be deleted or softened.
Commissioner Yuhasz asked if there could be different rates for commercial properties
than residential properties.
Frank Clifton said that the rate structure should be based on a scale that impacts the
biggest users of the system. One of the difficulties is that the County does not control the
treatment costs.
Commissioner Jacobs made reference to Commissioner Gordon's comments and said
that the sentence she suggested leaving out could say, "the rates may increase...." He said
that the word "incentives" is confusing. He suggested using "favorable financial consideration."
Also, in the chart that says, "Connection Incentive," it could say, "Connection Consideration."
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to:
-Acknowledge the concept of the "Community Public Sewer Program Package" as
presented for distribution to potential customers in the Efland Community, with
changes as discussed to paragraphs 3 and 4 (the sentence, "the rates may
increase in order to pay for ever-increasing operation"will be reworked or deleted;
and the sentence about incentives be changed to "favorable financial consideration"
and "connection consideration');
-Approve an Outreach Program including County staff meeting with the public to
distribute the information packages, answer questions and prepare the agreements
pending final incentive determinations;
-Approve that the terms of the agreements made in 1985 (e.g. waiver of County and
Hillsborough connection fees) for those parcels which belonged to "original signer,"
and authorize new connection agreements to be drawn up to that end for the
current owners and the County to sign; and
-Acknowledge that the County Attorney's office will be handling the legal aspects of the
connection and easements agreements.
VOTE: UNANIMOUS
6. Public Hearings-NONE
7. Regular Agenda
a. Approval of Fiscal Year 2010-11 Budget Ordinance, Grant Project Ordinances
and Fee Schedule
The Board considered approving the Fiscal Year 2010-11 Budget Ordinance, Grant
Project Ordinance, and County Fee Schedule.
There were two charts at the County Commissioners' places for this item.
Financial Services Director Clarence Grier said that this item is to take action on the
formal decisions.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve the Resolution to Adopt the 2010-11 Orange County Budget.
Resolution to Adopt the 2010-11
Orange County Budget
The items outlined below summarize decisions that the Board acted upon June 8, 2010 in
approving the FY2010-11 Resolution of Intent to adopt the Orange County Annual Operating
Budget.
WHEREAS, the Orange County Board of Commissioners has considered the Orange County
2010-11 Manager's Recommended Budget; and
WHEREAS, the Commissioners have agreed on certain modifications to the Manager's
Recommended Budget as presented in the 2010-11 County Manager's Recommended Budget
on May 18, 2010;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
expresses its intent to adopt the 2010-11 Orange County Budget Ordinance on Tuesday,
June 15, 2010, based on the following stipulations:
1) Property Tax Rates
a) The ad valorem property tax rate shall be set at 85.8 cents per$100 of assessed
valuation.
b) The Chapel Hill-Carrboro City Schools District Tax shall be set at 18.84 cents per
$100 of assessed valuation.
c) The Fire District tax rates shall be set at the following rates (all rates are based on
cents per$100 of assessed valuation):
• Cedar Grove 7.36
• Chapel Hill 7.50
• Damascus 5.00
• Efland 4.66
• Eno 5.99
• Little River 4.06
• New Hope 6.95
• Orange Grove 3.58
• Orange Rural 6.36
• South Orange 7.85
• Southern Triangle 5.00
• White Cross 6.00
2) County Employee Pay and Benefits Plan
Provide a County employee pay and benefits plan that includes:
a) No Cost of Living Adjustment for FY 2010-11
b) No in-range salary increases for proficient or higher work performance effective for
fiscal year 2010-11
c) Extends the suspension of the County's 401(k) contribution for non-sworn law
enforcement employees
d) Maintains the County's Living Wage for employees at $10.12 per hour
e) Extends the Retirement Incentive Package for County employees eligible to retire
according to criteria established by the North Carolina Local Government
Employees' Retirement System
f) Implements a six month hiring freeze on vacant positions and the elimination of
certain vacant positions based on Manager's review
g) Extends a Voluntary Unpaid Leave option allowing employees to temporarily
reduce their hours in times of reduced fiscal resources without suffering a loss of
leave accruals or benefits
h) Implements position reclassifications, classification title changes, and
addition/deletion of classifications identified on pages 19 through 22 of Appendix A
of the FY 2010-11 County Manager's Recommended Annual Operating Budget
(Attached)
3) Modifications to County Manager's FY 2010-11 Recommended Annual Operating
Budget
The following modifications to the County Manager's Recommended Budget are made:
Appropriations:
Restore Operations Funding for Economic Development
1 Department $38,000
2. Increase Early Voting Sites from Two to Four locations $17,000
Restore funding for two Health Department Positions
3. (Environmental Health Program Specialist and
Administrative Assistant II) for entire fiscal year $65,000
Increase Hours at the Cybrary and Main Library and
4. Increase Operating Expenses $50,000
Add Breastfeeding Program Staff Position and associated
5. operations in Health Department $45,000
6. Increase Department of Social Services Child Care Subsidy $50,000
Increase Department of Social Services Emergency
7' Assistance Program $50,000
8. Fund Triangle Wildlife Rehabilitation Clinic $10,000
9. Fund OC American Red Cross $2,000
Eliminate Funding for Hillsborough Youth Athletic
10. Association ($10,000)
11. Fund Big Brothers Big Sisters $2,000
12. Fund Adolescents in Need 32,194
Fund Department of Social Services Adolescents in Need
13. transition 32,194
14. Fund Child Care Services Association 18,285
Total Changes to Recommended Appropriations $401,673
Revenues:
1. Appropriated Fund Balance 401,673
2.
3.
Total Changes to Recommended Revenues 401,673
4) Changes in Funding to Improve Service Delivery (Increase in FTE Approved)
Department Position Title FTE
Community Health Aide —
Health Breastfeeding Program 1.0
5) General Fund Appropriations for Local School Districts
The following FY 2010-11 General Fund Appropriations for Chapel Hill Carrboro City
Schools
and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $59,371,992, and equates
to a
per pupil allocation of $3,096.
1) The Current Expense appropriation to the Chapel Hill Carrboro City Schools is
$36,594,720.
2) The Current Expense appropriation to the Orange County Schools is
$22,777,272.
b) Recurring Capital appropriation for local school districts totals $3,000,000
1) The Recurring Capital appropriation to the Chapel Hill Carrboro City Schools
totals $ 1,849,200.
2) The Recurring Capital appropriation to the Orange County Schools totals
$1,150,800.
c) Long Range (Pay-As-You-Go) Capital appropriation for local school districts totals
$2,590,117.
1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill
Carrboro City Schools totals $1,596,548.
2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County
Schools totals 993,569.
d) School Related Debt Service for local school districts totals $18,182,682.
e) Fair Funding appropriation for local school districts totals $988,000. This
appropriation is to be split 50/50 between Chapel Hill Carrboro City Schools and
Orange County Schools.
f) Additional County funding for local school districts totals $1,784,358.
(1) School Health Nurses —Total appropriation of $610,729 with $428,032
allocated for Chapel Hill Carrboro City Schools and $182,697 allocated for
Orange County Schools.
(2) School Social Workers —Total appropriation of $642,374 allocated in the
Department of Social Services to provide School Social Workers to Orange
County Schools.
(3) School Resource Officers —Total appropriation of $531,255 allocated in the
Sheriff's Department to provide School Resource Officers to Orange County
Schools.
6) County Fee Schedule
To adopt the County Fee Schedule to include changes included in the FY 2010-11 Manager's
Recommended Annual Operating Budget.
PUBLIC COMMENT:
Vivian Hearndon-Latta spoke on the Cedar Grove Library. She said that she hopes the
Board of County Commissioners will consider keeping the library open because it is well
needed in the community. She said that this is a great service to the community and the
community uses it on a constant basis.
Commissioner Gordon asked about School Resource Officers (SROs) and it was
answered that the Chapel Hill Police Department is paid by CHCCS for this, but Orange
County pays for the ones for OCS. She said that this is worth noting.
Frank Clifton said that this may go back to the fact that Orange County schools are
served by the Orange County Sheriff's Department and the Chapel Hill-Carrboro City Schools
chose to use the Chapel Hill Police Department.
Chair Foushee said that the Town of Chapel Hill received a grant that started the
funding for the SROs and then the Town of Chapel Hill picked that up for a period of time and
now the school system pays for it.
Chair Foushee said that Fire Chief Dan Jones is here tonight. Last week the County
Commissioners had questions about the fire district tax for the Chapel Hill Township. She
asked the Fire Chief to address those questions about the six residents in Chapel Hill.
Commissioner Yuhasz said that the rate went up from 2 %2 cents to over 7 cents and
there are only 6 houses involved. He suggested that the change might be considered to be
phased in over a few years. He asked if the Chief made contact with these families about the
increase.
Dan Jones said that letters were sent and hand-delivered and he received one
response via phone call and she spoke in favor of the raise. He said that the reason they
suggested this increase was because it is a doughnut hole of two streets and for some reason
it has never been annexed. He said that these six residents have been paying only 2.5 cents
for municipal protection.
Commissioner Nelson spoke to Ms. Hearndon-Latta and thanked her for coming. He
said that this was the most painful cut for him, but he had to make it this budget season. He
spoke about the costs of the staff and maintaining the facility, which would be almost $150,000
for this facility. He said that the Library Services Director has promised to come back in the fall
with a plan for library services for rural Orange County.
Ms. Hearndon-Latta said that she wanted to fight for what she believed in and she
believed in education. She said that she and others were willing to volunteer to keep this
facility open.
Commissioner Nelson suggested that she talk with the Orange County Library Services
Director about this.
Chair Foushee said that Commissioner Nelson's comments were in line with the
sentiment of the entire Board.
VOTE: UNANIMOUS
Attachment 2 - 2010 Budget Ordinance:
Commissioner Gordon pointed out that there is a revised page 17 (peach sheet).
Fiscal Year 2010-11
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption
There is hereby adopted the following operating budget for Orange County for this fiscal year
beginning July 1, 2010 and ending June 30, 2011, the same being adopted by fund and
activity, within each fund, according to the following summary:
Current Interfund Fund Total
Fund Balance
Revenue Transfer Appropriated Appropriation
$173,591,02
General Fund 0 $1,321,227 $401,673 $175,313,920
Emergency Telephone Fund $424,276 $0 $0 $424,276
Fire Districts Fund $3,382,354 $0 $0 $3,382,354
Section 8 (Housing) Fund $4,598,183 $85,266 $0 $4,683,449
Community Development
Fund $832,308 $191,011 $0 $1,023,319
Efland Sewer Operating Fund $119,000 $95,950 $0 $214,950
Revaluation Fund $0 $85,000 $46,349 $131,349
Visitors Bureau Fund $975,555 $0 $0 $975,555
School Construction Impact
Fees Fund $800,000 $0 $0 $800,000
Solid Waste/Landfill
Operations Enterprise Fund $9,492,884 $0 $525,489 $10,018,373
Sportsplex Enterprise Fund $2,400,000 $725,000 $0 $3,125,000
Community Spay/Neuter Fund $33,500 $0 $0 $33,500
Section II. Appropriations
That for said fiscal year, there is hereby appropriated out the following:
Function Appropriation
General Fund
Governing and Management $13,207,440
General Services $7,026,572
Community and Environment $5,892,469
Human Services $32,405,758
Public Safety $18,198,110
Culture and Recreation $1,896,580
Education $63,912,513
Debt Service $28,632,445
Transfers to Other Funds $4,142,033
Total General Fund $175,313,920
Emergency Telephone System Fund
Public Safety $424,276
Total Emergency Telephone System Fund $424,276
Fire Districts
Cedar Grove $203,904
Chapel Hill $1,739
Damascus $45,314
Efland $308,246
Eno $412,474
Little River $168,093
New Hope $386,643
Orange Grove $269,989
Orange Rural $772,777
South Orange $426,143
Southern Triangle $166,729
White Cross $220,303
Total Fire Districts Fund $3,382,354
Section 8 (Housing) Fund
Human Services $4,683,449
Total Section 8 Fund $4,683,449
Community Development Fund (Urgent Repair
Program)
Human Services $125,013
Total Community Development Fund(Urgent Repair
Program) $125,013
Community Development Fund (HOME Program)
Human Services $898,306
Total Community Development Fund(HOME
Program $898,306
Efland Sewer Operating Fund
Community and Environment $214,950
Total Efland Sewer Operating Fund $214,950
Revaluation Fund
General Services $131,349
Total Revaluation Fund $131,349
Visitors Bureau Fund
Community and Environment $975,555
Total Visitors Bureau Fund $975,555
School Construction Impact Fees
Transfers to Other Funds $800,000
Total School Construction Impact Fees Fund $800,000
Solid Waste/Landfill Operations
Solid Waste/Landfill Operations $10,018,373
Total Solid Waste/Landfill Operations $10,018,373
SportsPlex Enterprise Fund
Culture and Recreation $3,125,000
Total Sportsplex Enterprise Fund $3,125,000
Community Spay/Neuter Fund
Governing and Management $33,500
Total Community Spay/Neuter Fund $33,500
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year beginning July
1, 2010 and ending June 30, 2011, to meet the foregoing appropriations:
Function Appropriation
General Fund
Property Tax $132,047,738
Sales Tax $14,463,000
Licenses& Permits $313,000
Intergovernmental $16,250,267
Charges for Services $9,650,631
Investment Earnings $140,000
Miscellaneous $726,384
Transfers from Other Funds $1,321,227
Appropriated Fund Balance $401,673
Total General Fund $175,313,920
Emergency Telephone System Fund
Charges for Services $424,276
Total Emergency Telephone System Fund $424,276
Fire Districts
Property Tax $3,380,703
Investment Earnings $1,651
Total Fire Districts Fund $3,382,354
Section 8 (Housing) Fund
Intergovernmental $4,598,183
From General Fund $85,266
Total Section 8 Fund $4,683,449
Community Development Fund (Urgent Repair Program)
From General Fund $125,013
Total Community Development Fund(Urgent Repair
Program) $125,013
Community Development Fund (HOME Program)
Intergovernmental $832,308
From General Fund $65,998
Total Community Development Fund(HOME Program) $898,306
Efland Sewer Operating Fund
Charges for Services $119,000
From General Fund $95,950
Total Efland Sewer Operating Fund $214,950
Revaluation Fund
From General Fund $85,000
Appropriated Fund Balance $46,349
Total Revaluation Fund $131,349
Visitors Bureau Fund
Occupancy Tax $785,197
Sales & Fees $1,750
Intergovernmental $185,308
Investment Earnings $3,300
Appropriated Fund Balance $0
Total Visitors Bureau Fund $975,555
School Construction Impact Fees Fund
Impact Fees $800,000
Total School Construction Impact Fees Fund $800,000
Solid Waste/Landfill Operations
Sales & Fees $7,510,212
Intergovernmental $390,622
Miscellaneous $69,740
Licenses & Permits $45,000
Interest on Investments $74,250
From General Fund for Sanitation Operations $1,403,060
Appropriated Reserves $525,489
Total Solid Waste/Landfill Operations $10,018,373
Sportsplex Enterprise Fund
Charges for Services $2,400,000
From General Fund $725,000
Total Sportsplex Enterprise Fund $3,125,000
Community Spay/Neuter Fund
Animal Tax $27,000
Intergovernmental $4,000
Miscellaneous $2,500
Total Community Spay/Neuter Fund $33,500
Section IV. Tax: Rate Levy
There is hereby levied for the fiscal year 2010-11 a general county-wide tax rate of 85.8 cents
per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district
tax rates are levied as follows:
Cedar Grove 7.36
Chapel Hill 7.50
Damascus 5.00
Efland 4.66
Eno 5.99
Little River 4.06
New Hope 6.95
Orange Grove 3.58
Orange Rural 6.36
South Orange 7.85
Southern Triangle 5.00
White Cross 6.00
Chapel Hill-Carrboro School District 18.84
Section V. General Fund Appropriations for Local School Districts
The following FY 2009-10 General Fund Appropriations for Chapel Hill Carrboro
City Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $59,371,992, and
equates to a per pupil allocation of $3,096.
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$36,594,720.
2) The Current Expense appropriation to the Orange County Schools is
$22,777,272.
b) Recurring Capital appropriation for local school districts totals $3,000,000
1) The Recurring Capital appropriation to the Chapel Hill Carrboro City Schools
totals $1,849,200.
2) The Recurring Capital appropriation to the Orange County Schools totals
$1,150,800.
Section V. General Fund Appropriations for Local School Districts (Continued)
c) Long-Range (Pay-As-You-Go) Capital appropriation for local school districts totals
$2,590,117
1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill
Carrboro City Schools totals $1,596,548.
2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County
Schools totals $ 993,569.
d) School Related Debt Service for local school districts totals $18,182,682.
e) Fair Funding appropriation for local school districts totals $988,000. This appropriation
is to be split 50/50 between Chapel Hill Carrboro City Schools and Orange County
Schools.
f) Additional County funding for local school districts totals $1,784,358
1) School Health Nurses - Total appropriation of $610,729 with $428,032 allocated
for Chapel Hill Carrboro City Schools and $182,697 allocated for Orange County
Schools
2) School Social Workers - Total appropriation of $642,374 allocated in the
Department of Social Services to provide School Social Workers to Orange
County Schools
3) School Resource Officers - Total appropriation of $531,255 allocated in the
Sheriff's Department to provide School Resource Officers to Orange County
Schools
Section VI. Schedule B Licenses
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North
Carolina State Statutes, and any other section of the General Statutes so permitting, there are
hereby levied privilege license taxes in the maximum amount permitted on businesses, trades,
occupations or professions which the County is entitled to tax.
Section VII. Animal Licenses
A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un-
sterilized dogs and a license for un-sterilized cats is $30 per animal.
Section VIII. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
• Salaries of County Commissioners will be adjusted by any cost of living increase, any
in-range salary increase and/or any other general increase granted to permanent
County employees. For fiscal year 2010-11, the approved budget does not include any
cost of living increase, any in-range salary increase and/or any other general increase
granted to permanent County employees.
• Annual compensation for County Commissioners will include the County contribution for
health insurance, dental insurance and life insurance that is provided for permanent
County employees, provided the Commissioners are eligible for this coverage under the
insurance contracts and other contracts affecting these benefits.
Section VIII. Board of Commissioners' Compensation (Continued)
• County Commissioners' compensation includes eligibility to continue to participate in
the County health insurance at term end as provided below:
o If the County Commissioner has served less than two full terms in office (less
than eight years), the Commissioner may participate by paying the full cost of
such coverage. (If the Commissioner is age 65 or older, Medicare becomes the
primary insurer and group health insurance ends.)
o If the County Commissioner has served two or more full terms in office (eight
years or more), the County makes the same contribution for health insurance
coverage that it makes for an employee who retires from Orange County after
10 years service as a permanent employee. If the Commissioner is age 65 or
older, Medicare becomes the primary insurer and group health insurance ends.
The County makes the same contribution for Medicare Supplement coverage
that it makes for a retired County employee with 10 years service.
o Annual compensation for Commissioners will include a County contribution for
each Commissioner to the Deferred Compensation (457) Supplemental
Retirement Plan that is the same as the County contribution for non-law
enforcement County employees in the State 401 (k) plan.
Section IX. Budget Control
General Statutes of the State of North Carolina provide for budgetary control measures
to exist between a county and public school system. The statute provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call for, and the
Board of Education shall have the duty to make available to the Board of County
Commissioners, upon request, all books, records, audit reports, and other information
bearing on the financial operation of the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget administration
and review:
That upon adoption, each Board of Education will supply to the Board of County
Commissioners a detailed report of the budget showing all appropriations by function
and purpose, specifically to include funding increases and new program funding. The
Board of Education will provide to the Board of County Commissioners a copy of the
annual audit, monthly financial reports, copies of all budget amendments showing
disbursements and use of local moneys granted to the Board of Education by the
Board of Commissioners.
Section X. Internal Service Fund - Dental Insurance Fund
The Dental Insurance Fund accounts for the receipt of premium payments from the County for
its employees and from the employees for their dependents, and the payment of employee
claims and administration expenses. Projected receipts from the County and employees for
2010-11 are $387,245 and projected expense for claims and administration for 2010-11 is
$406,338. An allocation of $19,093 will be made from reserves in the fund to balance.
Section XI. Encumbrances
Operating funds encumbered by the County as of June 30, 2010 are hereby reappropriated to
this budget.
Section XII Capital Projects & Grants Fund
The County Capital Improvements Fund, Schools Capital Improvements Fund, Community
Development Fund and the Grant Projects Fund are hereby authorized. Appropriations made
for the specific projects or grants in these funds are hereby appropriated until the project or
grant is complete.
Any capital project or grant budget previously adopted, the balance of any anticipated, but not
yet received, revenues and any unexpended appropriations remaining on June 30, 2010, shall
be reauthorized in the 2010/2011 budget.
Section XIII. Contractual Obligations
The County Manager is hereby authorized to execute contractual documents under the
following conditions:
1. The Manager may execute contracts for construction or repair projects that do not
require formal competitive bid procedures, and which are within budgeted departmental
appropriations, for which the amount to be expended does not exceed $250,000.
2. The Manager may execute contracts for general and/or professional services which are
within budgeted departmental appropriations, for purchases of apparatus supplies and
materials or equipment which are within the budgeted departmental appropriations, and
for leases of personal property for a duration of one year or less and within budgeted
departmental appropriations for which the amount to be expended does not exceed
$89,999.
3. Contracts executed by the Manager shall be pre-audited by the Finance Officer and
reviewed by the County Attorney to ensure compliance in form and sufficiency with
North Carolina law.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve the Fiscal Year 2010-11 Budget Ordinance.
VOTE: UNANIMOUS
Attachment 3- Grant-Funded Programs
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve the Summary of Grant Project Ordinances Fiscal Year 2010-11.
VOTE: UNANIMOUS
Attachment 4— Orange County 2010 Proposed Fee Schedule
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
approve the Orange County 2010 Proposed Fee Schedule.
VOTE: UNANIMOUS
Commissioner Gordon commended the Manager and staff for their work on this budget.
She said that the Manager invited the County Commissioners to ask questions of the staff and
she took advantage of that.
Commissioner Jacobs pointed out that the County Commissioners did not raise taxes in
2009-2010. One of the local newspapers said that this was the first year in which the County
did not raise taxes in 20 years, but in fact it is the second year that taxes have not been raised.
He also said that this year's budget process was an improved process, but he has some
suggestions for further improvements, and he will share these at a later time.
Commissioner Nelson added his commendations to the staff and said that this process
was transparent and the numbers were correct.
Commissioner Pelissier said that this was a much better experience this year and she
highlighted that having performance indicators was very useful. She thinks it is important to let
the public know what the County is doing.
Commissioner Hemminger agreed and said that the budget was easier to understand
and cross-reference.
b. Approval of Fiscal Year 2010-11 Personnel Ordinance Changes
The Board considered approving the Personnel Ordinance Change required in the FY
2010-11 Budget.
A motion was made by Commissioner Pelissier, seconded by Commissioner
Hemminger to:
- Adopt the "Resolution Determining a Significant Financial Crisis Exists Which Will
Result in a Decrease of Revenue to the County and Temporary Cost Saving
Measures are necessary to Balance the County's Budget for the FY 2010-2011
Budget" and authorize the Chair to sign the Resolution; and
- Adopt the amendment to Article IV, Section 9.4 of the Orange County Personnel
Ordinance, Supplemental Retirement [401(k) Plan] Employer's Contribution
effective July 1, 2010.
A Resolution Determining a Significant Financial Crisis Exists Which Will Result in a
Decrease of Revenue to the County and Temporary Cost Savings Measures are
Necessary to Balance the County's Budget for FY 2010-2011
WHEREAS, the Orange County Board of Commissioners finds that Orange County residents
and businesses are suffering from the effects of a significant state and national financial crisis;
and
WHEREAS, the financial crisis has resulted in large reduction in revenues projected to be
available to fund the County's budget for FY 2010-2011; and
WHEREAS, Orange County Financial Services has calculated the revenues available to the
County for FY 2010-2011 from the taxes paid by residents and businesses and determined
expenditures for FY 2010-2011 will exceed revenues unless additional actions are taken; and
WHEREAS, the Orange County Board of Commissioners is required to ensure that the
County's budget for FY 2010-2011 is balanced in a manner that carefully balances the rights of
residents and businesses to government services and the interest of County employees who
provide those services; and
WHEREAS, the Orange County Manager has recommended to the Board of County
Commissioners feasible cost saving alternatives to consolidating, reorganizing, or abolishing
programs or departmental units which could result in the loss of one (1) or more non-vacant
permanent or provisional positions; and
WHEREAS, the employee related temporary cost saving measures for FY 2010-2011
recommended by the County Manager are: the suspension of the Supplemental Retirement
[401(k) Plan] Employer Contribution provided in Article IV, Section 9.4 for non-law enforcement
officer (LEO) employees; and the continuation of a Voluntary Furlough Plan, as provided in
Article IV, Section 24.0; and
WHEREAS, a furlough is unpaid leave, whether voluntary or involuntary, which does not
require the employee to lose seniority or employer paid benefits and allows the employee to
earn and retain all leave at the same rate, unless otherwise provided by the Board; and
WHEREAS, the implementation of these cost savings measures will begin on July 1, 2010 and
are necessary to balance the County's budget for FY 2010-2011 and will end on June 30,
2011, unless the Board by resolution determines that continued cost savings are necessary to
balance the budget;
NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners has
determined a significant financial crisis exists that will result in a decrease in revenue to the
County and that temporary cost saving measures are necessary to balance the County's
budget for FY 2010-2011 in a manner that balances the rights of residents and business to
government services and the interest of County employees who provides those services; and
BE IT RESOLVED, the Orange County Board of Commissioners does hereby approve and
authorize the temporary cost saving measures for County employees provided in the County
Manager's recommended FY 2010-2011 budget; and
BE IT FURTHER RESOLVED, the Orange County Board of Commissioners does hereby
adopt the attached amendment to the Orange County Personnel Ordinance to comply with
these cost saving measures.
VOTE: UNANIMOUS
c. Resolution Calling for a November 2, 2010 Special Advisory Referendum
Concerning the Levy of a One-Quarter Cent (1/4¢) County Sales and Use Tax
The Board considered a Resolution Calling for a November 2, 2010 Special Advisory
Referendum Concerning the Levy of a One-Quarter Cent (1/4¢) County Sales and Use Tax.
Frank Clifton said that staff offers this up as an option for the future, since the revenue
stream is so limited. This levy would not have a huge impact this fiscal year, but would give
options for the future. He said that, without additional revenues, County services are going to
deteriorate at a greater extent. The sales tax would not apply to food sales.
PUBLIC COMMENT:
Joe Phelps said that he would like the Board of County Commissioners to state how the
revenues would be spent if put on a referendum. He said that the money could be used for a
permanent meeting room, economic development, or the school systems. He would also like
the Board to be specific about the time period that this tax would be in effect. He said that it
should take care of immediate needs. He said that if it were used for economic development,
it could help keep the property tax rate down in the future and would create more sales tax
revenue.
Will Raymond is a resident of Chapel Hill. He said that he has been watching the
budget process. He commended the Board for making some tough cuts. He hopes that some
of the local leadership can take a lesson from that. He said that he is not against the 1%-cent
tax, but he thinks that there are some questions that must be answered before this is
implemented. He asked how the money would be spent. Debt is reduction is very attractive.
He also suggested human services. He said that the 1%-cent would affect the people who are
struggling the most and that is why human services is an attractive place to put the money. He
said that $2.4 million would not go very far in economic development or the school systems.
He said that the bulk of this new revenue will come from the municipalities, but he understands
that the municipalities will not directly share in this revenue. He suggested that the
municipalities get at least some of the money.
Aaron Nelson is President of the Chapel Hill Chamber of Commerce and said that his
board will meet on Thursday to discuss whether to support this, but their Executive Committee
has met and he has talked to business owners that are not in favor of this. He said that it
would take a concerted effort to get voters to vote for this. He said that his board is open to
this.
Commissioner Hemminger said that she is in favor of putting this on the ballot, but she
would rather have input from the public as to how to use these funds. She would like to
engage the community. She would like to delay deciding how to use the funds until the staff
has time to hear from different groups.
Commissioner Nelson said that he is not a big fan of the sales tax, but he is willing to
put this on a ballot. He would feel more comfortable with this if they used the revenue for
economic development and debt service.
Commissioner Yuhasz said that he believes the County needs this tax as another
source of revenue and should commit to spending it on specific things, especially economic
development and debt service.
Commissioner Pelissier said that she supports putting this on the ballot. She would like
a consensus that the Board of County Commissioners would want a portion of this to go to
economic development.
Commissioner Jacobs said that this is the second year in a row that the County did not
raise the property tax rate. He said that this is one of the options the County has to replace
raising taxes. He agrees with using this money for capital debt (schools and County),
economic development, and libraries.
Commissioner Gordon said that this is one of the options the State gave the County as
part of the Medicaid swap. She is in support of putting this on the ballot and doing a neutral
education campaign. She agrees with using the money for economic development, libraries,
and schools, especially older school facilities.
Chair Foushee said that she pledged her support for debt service and economic
development. She agreed with Commissioner Hemminger about hearing more from the public
on how to use the funds.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to:
- Approve the Resolution Calling for a November 2, 2010 Special Advisory
Referendum Concerning the Levy of a One-Quarter Cent County Sales and use
Tax, pending the possible incorporation of any language into the resolution
regarding the proposed use of the potential funds;
- Provide direction to staff on next steps related to determining the proposed use of
the potential funds if an approved resolution language does not include such
language;
- Consider discussing at this meeting or a future meeting any public education efforts
to ensure voters are knowledgeable regarding the ballot question in the resolution;
and
- Based on #3 above, authorize staff to identify and allocate up to $40,000 for a
public education campaign.
RESOLUTION CALLING FOR A NOVEMBER 2, 2010 SPECIAL ADVISORY REFERENDUM
CONCERNING THE LEVY OF A ONE-QUARTER CENT (1/4¢) COUNTY SALES AND USE
TAX
WHEREAS, the North Carolina General Assembly has enacted the "One-Quarter Cent (1/4¢)
County Sales and Use Tax Act," Article 46 of Chapter 105 of the North Carolina General
Statutes (Session Law 2007-323), which authorizes counties to levy a local sales and use tax;
and
WHEREAS, in order to levy the local sales and use tax, the County of Orange must conduct
an advisory referendum in accordance with the provisions of the North Carolina General
Statutes Section 163-287;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that:
Section 1: In accordance with the North Carolina General Statutes, a special advisory
referendum is hereby called to be held between the normal time the polls are open on
Tuesday, November 2, 2010, at which there shall be submitted to the qualified voters of the
County of Orange the question set forth in Section 3 of this Resolution.
Section 2: The Orange County Board of Elections shall conduct said Referendum.
Section 3: The ballot question shall be in the following form:
[ ] FOR [ ] AGAINST
Local sales and use tax at the rate of one-quarter percent (0.25%) in addition to all other
State and local sales and use taxes.
Section 4: The Clerk to the Board of Commissioners is authorized and directed to transmit a
certified copy of this Resolution to the Orange County Board of Elections within three (3) days
after the passage hereof.
Section 5: The Board of Elections shall publish legal notice of the special advisory referendum
in accordance with North Carolina General Statutes Section 163-287.
Section 6: This Resolution shall take effect upon its passage.
ADOPTED this the day of , 2010.
VOTE: UNANIMOUS
Frank Clifton said to set up a public hearing in August and the Board agreed.
d. Resolution — "Coal-Free" UNC Co-generation Facility
The Board considered a draft resolution regarding the University of North Carolina at
Chapel Hill co-generation facility and its use of coal as an energy source.
Environment and Resource Conservation Director David Stancil said that this is a
proposed draft resolution. On April 201h, the Board received a petition from the Citizens for a
Coal-Free Community that called for the University of North Carolina at Chapel Hill to reduce
and eliminate the use of coal by 2015 for its co-generation facility, which is located on
Cameron Avenue. The Board also received the release of the Chancellor's Energy Task Force
report, which suggested making the University coal-free by the year 2020. In early May, the
Chancellor adopted the findings of this report. The report is included in the agenda materials.
The Commission for the Environment also looked at this and there is a memorandum from the
CfE. The recommendation is for the Board to consider this draft resolution. If approved, it will
be conveyed to the University, the Citizens for a Coal-Free Community, and the Commission
for the Environment.
Commissioner Yuhasz said that he is fine with the draft resolution until the third
"Whereas" because it is a strong statement. He suggested taking this paragraph out or
rewording it to say, "Whereas, some coal-mining is socially and environmentally destructive...."
He is not sure that deep coal-mining is necessarily socially and environmentally destructive in
every case.
Commissioner Pelissier asked to add the memo from the Commission for the
Environment to the back of the resolution. She thinks it is important to have this process
monitored.
Commissioner Jacobs said that it seems a little condescending to say that coal-mining
is socially destructive. He suggested saying "often" socially and environmentally destructive.
The Board agreed with this change.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve the Resolution Regarding the Use of Coal as an Energy Source for the Co-Generation
Facility of the University of North Carolina at Chapel Hill, with the changes as noted above to
paragraph three, and to convey it to the Citizens for a Coal-Free Community, UNC Chancellor
Thorp, and the Commission for the Environment, along with the memorandum from the
Commission for the Environment.
RESOLUTION REGARDING THE USE OF COAL AS AN ENERGY SOURCE FOR THE CO-
GENERATION FACILITY OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
WHEREAS, medical research has yielded compelling evidence that toxic chemical, including
mercury, arsenic, lead and particular matter emitted by coal-fired plants can adversely affect
human health; and
WHEREAS, the UNC-Chapel Hill cogeneration plant is responsible for more than 320,000
metric tons of greenhouse gas emissions every year, contributing to global warming; and
WHEREAS, coal mining is often socially and environmentally destructive, and UNC's coal may
be extracted using mountain top removal, a method that causes egregious damage to the
environment and communities of Appalachia; and
WHEREAS, the energy cost savings from burning coal are actually shifted to increased public
health and environmental costs; and
WHEREAS, a representative of the group Citizens for a Coal-Free Community presented a
petition on April 20, 2010 for the Board of Commissioners' consideration; and
WHEREAS, on May 7, 2010, UNC Chancellor Holden Thorp issued a statement adopting the
recommendations of his appointed Energy Task Force, committing the campus to be coal-free
by the year 2020; and
WHEREAS, the Commission for the Environment has reviewed the petition and the status of
the plant with recommendations regarding needed future monitoring.
NOW, THEREFORE, BE IT RESOLVED that the Orange County board of commissioners
thanks the Citizens for a Coal-Free Community for raising this issue and shares the interest in
public health and the move away from coal as an energy source for the UNC co-generation
facility.
BE IT FURTHER RESOLVED that the Board applauds the actions of Chancellor Thorp to
make the university coal-free by the 2020, thanks the Commission for the Environment for its
thoughtful consideration of the implications of this planned energy source change, and
encourages the University to proceed on this path towards a coal-free future at all due speed,
mindful of the implications and monitoring needs that are critically important to assess the
impact of this change.
VOTE: UNANIMOUS
8. Reports
a. Triangle Regional Transit Public Involvement Plan
The Board received an update on the Triangle Regional Transit Public Involvement
Plan process and status.
Craig Benedict reviewed the information in the agenda abstract. The purpose of this
Public involvement Plan is to educate the public about the benefits of the Triangle Regional
Transit Plan and to insure the involvement and collaboration of various regional stakeholders
prior to consideration of a %2-cent sales tax referendum possibly being considered for a
November 2011 ballot. A Steering Committee was created to assist with implementation of the
Public Involvement Plan. He is representing the County on the Committee. July 7th will be the
first of several outreach meetings to explain the process to the public. The meeting will be at
the Chapel Hill Library. The website is www.ourtransitfuture.com. He will continue to give
updates to the Board of County Commissioners on a regular basis. There will be a lot more
information when the Board comes back in August. From what he has heard through the
Assembly of Governments, the possible rail line goes from Wake Forest to Raleigh, through
Durham, and terminates at the UNC campus. There is an interest to have a study to be able to
connect through the campus, into Carrboro and up to Carolina North.
Commissioner Gordon said that she sent an email to the Commissioners and Manager
regarding all the dates for public participation. She urged the public to attend these meetings.
9. County Manager's Report
Frank Clifton said that he and his staff appreciated the Board's comments about the
budget. He commended the schools on the support during this process. He said that the
lottery proceeds are probably going to go towards the classroom and not construction. He
thanked both superintendents for their cooperation.
10. County Attorney's Report
John Roberts said that the Orange County-Alamance County Line Bill passed the
Senate and it is in the House Judiciary II Committee now. He expects it to pass fairly quickly
without any trouble.
He said that Annette Moore asked that he pass along that the South Orange Rescue
Franchise Ordinance requires South Orange Rescue to enter into an operations agreement
with the County. It had 90 days to do this and today is the 90th day, and there is no
agreement. The proposal is to come up with some interim timeframe to allow the rescue
squad to work with EMS on this over the summer.
A motion was made by Commissioner Yuhasz, seconded by Commissioner
Hemminger to direct the County Attorney to work with EMS over the summer to come up with
an interim timeframe to allow the South Orange Rescue Squad to come up with an operations
agreement with the County.
VOTE: UNANIMOUS
11. Appointments
a. Historic Preservation Commission — New Appointment
The Board considered making a new appointment to the Historic Preservation
Commission.
A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to
appoint Statler Gilfillen to a partial term ending June 30, 2011.
VOTE: UNANIMOUS
b. Board of Health — New Appointments
The Board considered making new appointments to the Board of Health.
A motion was made by Commissioner Nelson, seconded by Commissioner Yuhasz to
appoint Matthew Kelm (Pharmacist Representative) and Dr. Carol Haggerty (Dentist) to full
terms ending June 30, 2013.
VOTE: UNANIMOUS
12. Board Comments
Commissioner Nelson — none
Commissioner Gordon made reference to two emails she sent to the Board — one
regarding Durham City voting about Triangle Transit taking over DATA and one regarding
Dump the Pump Day on June 171h. This is a push for people taking a Triangle Transit bus
instead of driving a car.
Commissioner Gordon said that she and Commissioner Jacobs went to some
Cooperative Extension Director interviews and the question has to do with whether the final
appointment would be by the County Commissioners or whether the Manager can do this.
Commissioner Jacobs said that the hiring would be done by the time the County
Commissioners reconvene and it is a State position, not a County position.
Commissioner Gordon asked that the decision come through the Board to have the
final word on this hiring.
Commissioner Jacobs said that would be suitable as long as there is not a two-month
delay.
Chair Foushee said that she would not want to hold up the hiring process.
Commissioner Yuhasz said that he does not feel the need to weigh in on this position.
Commissioner Gordon said that she and Commissioner Jacobs could give the Board
some consultation.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the Board of County Commissioners accepting the courtesy invitation of replying on
the hire of the Cooperative Extension Director. If it comes through during the summer break,
then the Manager can contact the Board.
Frank Clifton said that the University would like the Board's concurrence to their
recommendation. The University will make the hire but does not want to hire someone that the
County has objections to.
VOTE: Ayes, 2 (Commissioner Jacobs and Commissioner Gordon); Nays, 5
MOTION FAILED.
Commissioner Pelissier— none
Commisioner Jacobs said that he brought up having a work session in the fall on solid
waste and there was no motion and he wants to make sure that this will happen.
A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to
have a work session before the end of the calendar year on solid waste.
VOTE: UNANIMOUS
Commissioner Jacobs announced that the Orange County Visitor's Bureau won four
Tourism and Marketing awards this week.
Commissioner Jacobs said that the County Commissioners got an email about Work
First clients that worked for Southern Season. The State now wants to end the program by
June 30th instead of September 301h
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
ask the Chair to write letter on the County Commissioners' behalf expressing objection to the
abrupt end of the Work First program at Southern Season.
VOTE: UNANIMOUS
Commissioner Jacobs said that on the follow-up sheet there was a request from
Commissioner Yuhasz to discuss opportunities to talk about Board of County Commissioners
members to discuss how to put an item on the agenda. The target date is January 1, 2011
with the Chair, the Vice-Chair, and Donna Baker. He said that it was unfair to ask them to
meet on New Year's Day. He thinks that this could be worked out in less than seven months.
Commissioner Jacobs said that whatever the Board ultimately decides to do with the
problems with Hillsborough parking that there are no actions without public discussion and
Board approval.
Commissioner Yuhasz— none
Commissioner Hemminger asked if there was an update for public use of public
facilities and Frank Clifton said that it would be after the break.
13. Information Items
• Status Update on Solar Array Project on Orange County Landfill
• June 1, 2010 BOCC Meeting Follow-up Actions List
14. Closed Session —ADDITION
A motion was made by Commissioner Jacobs, seconded by Commissioner
Hemminger to approve going in closed session at 9:27 PM for the purpose of:
Pursuant to G.S. 143-318.11(a)(3): "To consult with an attorney employed or retained by the
public body in order to preserve the attorney-client privilege between the attorney and the
public body, which privilege is hereby acknowledged."
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to
approve reconvening into regular session at 10:15 p.m.
VOTE: UNANIMOUS
15. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
adjourn the meeting at 10:20 p.m.
VOTE: UNANIMOUS
Valerie Foushee, Chair
Donna S. Baker, CMC
`Clerk to the Board