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HomeMy WebLinkAboutMinutes 08-17-2010 APPROVED 9/21/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 17, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 17, 2010 at 7:00 p.m. in the DSS Offices, Hillsborough Commons, in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Mike Nelson 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 Chair Foushee said that there is no real-time recording of this meeting because of technical difficulties. Chair Foushee called attention to the items at the County Commissioners' places. - White sheet— letter from the Community Home Trust - Canary sheet— revision of item 4-0, Amendments to a Resolution Creating an Orange County Arts Commission - Blue sheet— revision of item 6-a, North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP) and Supplemental ROAP Grant Application for FY 2010/2011 - Item 4-p, Changes in BOCC Regular Meeting Schedule for 2010, was pulled. - Item 4-s, Appropriate Payment-in-Lieu Funds from the Parks and Open Space Subdivision Payment-in-Lieu Fund and Approve Budget Amendment#1-A; was deferred until the September 2nd meeting A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve deferring item 4-s until September 2nd and pulling item 4-p for discussion during the consent agenda. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Earl McKee congratulated the Board for holding the line on spending and avoiding a property tax increase. He said that in June, there was a meeting where $401,000 was spent on 14 items not included in the Manager's Recommended Budget. He said that this money should have remained in the fund balance because next year it will probably be even more difficult than this year. Even more disturbing to him was that no mention was made about the County employees. There has been no cost-of-living increase in two years and the County contribution to the 401(k) plan has been suspended. He said that there should have at least been some discussion about this. He said that the discussions this fall will set the stage for the budget. Robert Dowling, Executive Director of the Community Home Trust, thanked the County Commissioners for their continued funding to the Community Home Trust, particularly in this current fiscal year. He said that they sold 42 new currently affordable homes into the Home Trust in the 2009-10 fiscal year. There are now 184 homes and half of the owners of those homes are public sector employees. The Home Trust has also taken on property management without increasing staff costs. 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. Statement on the Impact of Human Trafficking and September 1, 2010 Conference The Board received a statement on the impact of human trafficking and information on a September 1, 2010 regional conference on human trafficking. Patricia Witt said that this is a topic of such greatness that is impacting our area. She said that human trafficking is modern day slavery and is a crime and a violation of human rights. She said that there is a federal law that defines it. This is such a concern because there are about 27 million in slavery today and 80% of them female, and over 50% of those victims are under the age of 18. She said that over 100,000 American children are subject to this sexual exploitation, in particular. She said that this occurs in every country in the world and N.0 is ranked in the top 10 in the nation in human trafficking. There is a conference proposed on September 1, 2010 and more information is in the agenda packet. She thanked the Triangle J Council of Governments for co-hosting this event. b. 2010 International Energy Code Final Action Hearings The Board considered support of the energy efficiency modifications to the International Energy Code Council by sending a voting delegation to a meeting in Charlotte. Planning Director Craig Benedict said that this council will be held in Charlotte and the Sierra Club will be making a presentation on this. Some of his staff will be attending this conference. Travis Hargett, Volunteer Coordinator for the Sierra Club, made the presentation. Leading the Nation: Why North Carolina Government Representatives Want to Be in Charlotte This October R. Christopher Mathis President MC2 Mathis Consulting Company Today's Presentation - Recap: Building Energy Efficiency Matters! - US Energy Code Policy Being Set in Charlotte this October - Opportunities for Leadership by NC Communities - What YOU can do in Charlotte to Ensure a Better National Energy Code Key Message: In Our Backyard! - NATIONAL Energy Code Policy will be decided in Charlotte this October - Building code officials, government representatives will be the primary decision makers on what that policy will be - North Carolina is hosting these critical code hearings - North Carolina local governments can decide the outcome for our nation! Tables and graphs The Energy MEGATREND - Increasing demand - Supply challenges - Peak power concerns - National security - Economic security NC Leadership - The new NC Energy Conservation Code is slated to deliver a 30% improvement over the 2006 code. o We're ahead of most of the country because we got a head start, and o We have serious energy and peak power problems • We are expecting a 50% increase in our population by 2030! How Did We Get That Savings? - Pick Low Hanging Fruit! o A little more insulation o Better windows o Better duct sealing and insulation o Better lighting o Proper equipment sizing o Reduced air leakage o Stuff that we know WORKS! What's 30% Worth? - Economic analysis on 30% improved code in NC: o Average up-front cost: $2,372 o Average net annual benefit: $388 o Average payback = 4.8 years Not bad for buildings that will be around for 75 to 100 years! Why Should NC Care about the EICC? - Even WITH our new NC Energy Code improvements, these national votes are important: o Cost of power nationally affects us in NC o Air pollution and drought don't recognize state lines o NC manufacturers serve the whole country o NC leadership followed in other states Why Does this Matter to NC? - We import almost 100% of our energy supply o Annually we spend $1.6 billion for fuel to generate electricity o We STILL don't generate enough to meet our need! • Buy from other regional suppliers • Pay a premium o What about that additional 4 million people we expect by 2030? Energy Inflation is Regressive - Those who can least afford to live in inefficient housing o Low income families and the elderly on fixed incomes spend up to 25% of income on utility bills! o Inability to pay energy bills is the NUMBER ONE factor in home foreclosure! The Charlotte Opportunity - The Final Action Hearings (FAH) for the 2012 International Energy conservation Code (IECC) will be held in Charlotte o October 27-November 1 - ICC Governmental Members will vote to establish the next model code for our nation - We have an opportunity to lead... Reminder: What is the Code? - Least safe... - Least strong.... - Least energy efficient... - ....building allowed by law We're not allowed to build it any crappier... Who Votes - Governmental Members of the ICC o Building Officials o Local and state officials o Planning departments o Water departments o Fire officials o Anyone involved in public health, safety, and welfare in public service How Many Voters? How Much $? - Number of delegates to the hearings determined by population of the town, city, or county you serve - Cost between $100 and $280 NC Leadership Opportunity - IECC Final Action Hearings o Charlotte, NC October 28 — November 1 o Public Officials from around the country will be voting on proposals to change our nation's model energy code • Over 200 proposals • How much better can we make our nation's model energy code? Get Committed! - Register with the ICC! o If not already a member—join! o www.iccsafe.org/membership/pages/join.aspx - Maximize your delegation o Based on size of your city/county o Identify a lead contact - Commit to sending full delegation - Schedule time to attend - Secure travel budget Resources Available - ICC "Code of Honor" Scholarships o Can help offset travel costs o Begin July 12, 2010 - NC Building Inspector's Association: o Upcoming webinars o Funding for travel scholarships o Check website for updates Recap: Action Items: - Get registered with ICC - Maximize your delegation size o Groups of 8 can vote, number of delegations of 8 are limited by ICC memberships - Commit to go and vote in Charlotte - Submit travel scholarship requests now! - Give your voters direction! o We can easily improve the code by 30% or more! Today's Decisions... - Have a long-term impact o Jobs o Housing o Offices o Power plants o More stable energy prices o For the life of the building! Commissioner Hemminger asked how many people the County would be sending and Craig Benedict said eight people from different departments — Department of Environment, Parks and Recreation, Asset Management, and Planning and Inspections. Everyone will not be able to stay for the entire five days, but there should be someone from the County there on all of the days. Commissioner Jacobs asked if the County was limited to eight people and if members from the Planning Board and the Commission for the Environment were asked to participate. Craig Benedict said that he has done presentations at the Planning Board meeting. He said that he would try to get a scholarship for a Commission for the Environment member. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve those items on the agenda as stated below: a. Minutes The Board approved the minutes from May 20, 24, 25 and June 1, 3, 10, 2010 as submitted by the Clerk to the Board. b. Appointments (1) Hillsborough Board of Adjustment— Reappointment The Board reappointed Carla Sparrow Lunsford to a second full term ending September 30, 2013 to the Hillsborough Board of Adjustment. (2) Orange County Arts Commission — Reappointments The Board reappointed Gordon Jameson to a second full term expiring March 31, 2012 and Bronwyn Merritt to a third full term expiring March 31, 2012 to the Orange County Arts Commission. c. Motor Vehicle Property Tax Release/Refunds for June The Board adopted a refund resolution, which is incorporated by reference, related to 12 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Motor Vehicle Property Tax Release/Refunds for July The Board adopted a refund resolution, which is incorporated by reference, related to 73 requests for motor vehicle property tax releases or refunds in accordance with NCGS. e. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to ten (10) requests for property tax refund in accordance with N.C. General Statute 105-381. f. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to twenty-four (24) requests for property tax release in accordance with N.C. General Statute 105-381. Applications for Property Tax Exemption/Exclusion The Board approved a resolution, which is incorporated by reference, approving ten (10) untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year. h. Tax Collector's Annual Settlement for Fiscal Year 2009-10 The Board received the Tax Collector's annual settlement, and approved the resolution, which is incorporated by reference, accepting it as report for entry into the minutes; and approved and issued the Orders to Collect to the Tax Collector for Fiscal Year 2010-2011. i. Release of Debts The Board approved and directed the Financial Services Director and the Tax Administrator for and release all debts charged for the purpose of Ad Valorem Personal Property and Classified Motor vehicle tax in excess of 10 years from the record. L Appointment of Four Deputy Tax Collectors The Board appointed Linda Strickland-Jaubert, Bernice Gwynn, Valerie Curry and Bobbie Underwood as Deputy Tax Collectors for a one-year term effective July 1, 2010 through June 30, 2011, with consideration being given to appointment deputies concurrent with the Tax Collector appointment beginning in Fiscal Year 2011-2012. k. Amending the County Attorney's Employment Agreement This item was removed and placed at the end of the consent agenda for separate consideration. I. Homeless Prevention and Rapid Rehousing Grant Update — Establish Three Time- Limited Positions The Board established three time-limited positions to assist in the implementation of the HPRP program; approved a revised sub-recipient contract with Housing for New hope to maintain case management and services for the clients currently enrolled in the re-housing component upon contract review and approval by the County Attorney's Office; and authorized the Chair to sign all relevant contracts. m. Agreement Renewal with UNC Family Medicine and Health Department for Physician Services The Board approved an agreement between UNC Family Medicine and Health Department for Physician Services and authorized the Chair to sign. n. New Fees for Health Department Secondary to State Budget Changes The Board approved the proposed fees for vaccines and for administration of a screening tool for 18 and 24 month olds and authorized the revision of the County fee schedule. o. Amendments to a Resolution Creating an Orange County Arts Commission This item was removed and placed at the end of the consent agenda for separate consideration. Changes in BOCC Regular Meeting Schedule for 2010 This item was removed and placed at the end of the consent agenda for separate consideration. Resolution in Support of North Carolina's Current Public Alcoholic Beverage Control System The Board approved a resolution requested by the Orange County ABC Board supporting North Carolina's current public Alcoholic Beverage Control System and authorized the Chair to sign. RESOLUTION IN SUPPORT OF NORTH CAROLINA'S CURRENT PUBLIC ALCOHOLIC BEVERAGE CONTROL SYSTEM WHEREAS, Chapter 18B of the North Carolina General Statutes addresses the regulation of alcoholic beverages in our state; and WHEREAS, current North Carolina law establishes a uniform system of control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages in North Carolina; and WHEREAS, local government control is central to the current alcoholic beverage control system; it is a local decision to establish and operate ABC stores; and local government, acting through an appointed local ABC Board, balances the control, profits and availability of spirits in its jurisdiction; and WHEREAS, when local voters approved liquor sales for off-premises consumption, the voters did not vote to allow liquor to be sold in private retail establishments, but only through publicly controlled local ABC stores; and WHEREAS, current law provides that profits from ABC store sales are returned to local government, and this revenue stream is a critical source of local government funding; and WHEREAS, it is a priority to maintain current sources of revenue, especially in the current challenging economic times; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby support the continuance of the Alcoholic Beverage Control System and opposes any efforts to privatize the ABC system, diminish local control or to diminish the local government revenue stream afforded from local ABC store profits. Adopted this 17th day of August, 2010. r. Fiscal Year 2010-11 Budget Amendment #1 The Board approved budget, grant, and school capital project ordinance amendments for Fiscal Year 2010-11 for Emergency Services Department, Health Department, Department on Aging, Juvenile Justice and Delinquency Prevention Program, Department of Environment, Agriculture, and Parks and Recreation (DEAPR), Department of Social Services, Solid Waste Enterprise Fund, Carry Forwards, Article 46 One-Quarter Cent (1/4-cent) Sales Tax Special Advisory Referendum, Library Services, School Capital Projects, and Visitors Bureau Fund. s. Appropriate Payment-in-Lieu Funds from the Parks and Open Space Subdivision Payment-in-Lieu Fund and Approve Budget Amendment #1-A The Board approved Budget Amendment#1-A, appropriating $656,481 from the Parks and Open Space Subdivision Payment-in-Lieu Fund, with $185,254 transferred to the County Capital Projects Fund and $471,227 transferred to the General Fund. t. Fairview Park Tennis Courts Change Order The Board approved the Fairview Park Change Order GC-3 involving the construction of Tennis Courts at Fairview Park, with the Manager signing the change order per previously granted authority. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Agenda k. Amending the County Attorney's Employment Agreements The Board considered amending the County Attorney's Employment Agreement to allow for increased leave accrual. Commissioner Jacobs said that he does not see the changes highlighted on this document. He made reference to the last comment under"Background", and said that to say that a subordinate protected the County's interests by reviewing their superior's contract does not strike him as a clear statement of objectivity. He said that in the future he would rather have someone that is not part of Orange County government to review this. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the Employment Agreement. VOTE: UNANIMOUS o. Amendments to a Resolution Creating an Orange County Arts Commission The Board considered text amendments to the Resolution Creating an Orange County Arts commission to grant the Arts Commission the authority to award Arts Commission grants. Commissioner Gordon made reference to the yellow sheet and asked if there are any other boards and commissions that award monies. Frank Clifton said that what drives this issue in this case is that this is a State rule versus a county rule. The Arts Commission is designated to make these awards. The attempt of this resolution is to clarify this and give the Arts Commission authority consistent with the State rules. He said that this is a procedural issue. Commissioner Gordon said that no other advisory boards award monies. She said that it is not clear to her that it is just State dollars. She said that she would be ok with it if the County Commissioners did provide some oversight. Frank Clifton said that the State set up the arts grants to go to a local agency or body that makes the awards. Most counties do not have a publicly operated arts commission. There is a conflict in the State rules and the local processes. Annette Moore said that this does allow the Arts Commission to designate the monies and it can be modified. She said that she made it consistent so that both pots of money— one awarded in the fall and one awarded in the spring — are handled in the same manner. Some of the money for the grants comes from state and some comes from the county. Commissioner Jacobs said that the County Commissioners have been working to have all advisory boards consistent in the by-laws and other aspects. This is a commission that will have different terms than the other boards and commissions. He does not understand why they would go to all the trouble to approve the resolution creating the commission and then later in the agenda make the appointments. He said that it does not seem very organized or thorough. He suggested fixing it all at once. He said that he would like to see who received the arts grants for the past five years. He said that the same people get the awards, it seems, and he does not think the process seems very open. Commissioner Yuhasz said that if the State requires a designated entity to give the awards, then they could designate someone else and Frank Clifton said yes. Commissioner Yuhasz said that this item should be deferred until some of the questions are answered. A motion was made by Commissioner Yuhasz, seconded by Commissioner Gordon to defer this item until the Board's questions could be resolved. VOTE: UNANIMOUS Commissioner Gordon read from the abstract, "No organization which is a potential recipient of County arts funding shall have on the Commisison more than two people who serves on its board or staff." She said that when they make the appointment, this should be considered. Changes in BOCC Regular Meeting Schedule for 2010 The Board considered two changes in the County Commissioners' regular meeting calendar for year 2010. Chair Foushee said that this was pulled so that the first bullet could be removed, and the meeting with the City of Mebane needs to be added to September 9th Commissioner Hemminger asked if the 1/4 —cent sales tax could be added to the Assembly of Governments agenda. Chair Foushee said that there might not be enough time, but she can see if the other entities want to do this. Commissioner Jacobs said that he and Commissioner Yuhasz have been working on the solid waste plan and they tried to get it on the AOG in the spring but that did not work. He thinks that the elected officials in the County should be invited to a special meeting to talk about the future of solid waste. Chair Foushee said that she raised this topic with Mayor Chilton and he said that the only thing that could happen at this time would be updates. Commissioner Pelissier said that she would not want it on an AOG meeting until the Board of County Commissioners has had time to discuss it first. Chair Foushee agreed. Commissioner Hemminger said that she would hate to give up an opportunity to talk with other entities. She does not want to dissolve this meeting. Commissioner Yuhasz agreed and said that the Solid Waste Advisory Board has started to discuss a new interlocal agreement on solid waste but it is premature at this point. Commissioner Gordon said that Orange County would have to be the host and she asked how the staff felt about this. Frank Clifton said that if it can be narrowed down to 1-2 items that would be fine, but time is limited. Commissioner Gordon suggested discussing the '/4-cent sales tax and then maybe meeting with Chapel Hill and Carrboro individually. Commissioner Jacobs said that he does not want to wait another year for the solid waste meeting, but it might be a good idea to present a list of possible reports. He said that every government has worked on this. He would like to keep moving on this issue and then maybe come back in the spring with an interlocal agreement. Commissioner Yuhasz said that all jurisdictions will have to approve the Solid Waste Work Plan that has to be submitted to the State. He said that the other entities need to be educated on what the plan includes. Chair Foushee proposed keeping the date of September 16th for the AOG meeting at which time two topics will be considered — Solid Waste Work Plan and the '/4-cent sales tax. Staff will determine the location and communicate that to the other governmental entities. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to hold the Assembly of Governments meeting on September 16, 2010, with Orange County hosting (Clerk to find location) — either Durham Tech Campus or Southern Human Services Center; and to approve adding a Joint Meeting with the City of Mebane on Thursday, September 9, 2010 at 7:00 p.m. at Mebane City Hall, 106 E. Washington Street, Mebane, N.C. VOTE: UNANIMOUS 6. Public Hearings a. North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP) and Supplemental ROAP Grant Application for FY 2010/2011 The Board conducted a public hearing for the North Carolina Department of Transportation Rural Operating Assistance Program (ROAP) and to approve the annual FY 2010-2011 ROAP grant application and certified statement and considered authorizing the Chair and County Manager to sign. Al Terry asked for the Board's approval for the ROAP grant application. He said that this is an annual grant that is based on population. This year they are asking for$224,615, which is a $9,153 increase from last year. If approved, the first payment will be in September. NO PUBLIC COMMENT A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve the application for Rural Operating Assistance Program including supplemental funds totaling $224,615 for FY 2010/2011; authorize the Chair and County Manager to sign the Certification Statement of Participation; and amend the OPT budget to include the ROAP funds with an increase of $9,153 in the operations account and make the associated budget amendments. VOTE: UNANIMOUS b. Zoning Atlas Amendment (Rezoning) — 3300 NC 54 West The Board received the Planning Board recommendation on a rezoning petition submitted by Mr. Vernon Davis to rezone a portion of a 2.04-acre parcel of property located at 3300 NC Highway 54 West. Planning Supervisor Michael Harvey said that this is a reconvening of a public hearing. The septic system on this parcel is supporting an existing commercial operation and is located on a residentially-zoned portion of the subject property. Mr. Davis has expressed concerns about being able to repair the septic system in the event that it fails. During the public hearing, there were concerns expressed by local citizens about the operation of a U-Haul rental business on this property, and that has ceased. The Planning Board reviewed this item at the June 2nd regular meeting where it voted unanimously to recommend approval of this request. During this meeting, the Planning Board also discussed having dialogue on ways the rezoning of districts can be potentially expedited in the future. NO PUBLIC COMMENT Commissioner Jacobs asked if the owner could put the U-Haul rental business back after the rezoning and Michael Harvey said no. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger to approve a rezoning petition by approving the Statement of Consistency (Attachment 5) and approving the Resolution of Rezoning Petition Approval (Attachment 6). Commissioner Yuhasz said that he has had a prior relationship with the applicant on this matter, but has not represented him in any way in this particular rezoning request. VOTE: UNANIMOUS c. Public Hearing for the Consideration of EMS Franchises: AAA Transport, Inc. and North State Medical Transport, Inc. The Board conducted a public hearing on the need for ambulance services. Emergency Services Director Frank Montes de Oca summarized this item. North Carolina General Statute 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. 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." Notice has been published as provided in the statute. In accordance with the statute, a franchise ordinance cannot be granted, "until it has been passed at two regular meetings of the Board of Commissioners." NO PUBLIC COMMENT A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to direct staff to negotiate with franchise applicants on a Franchise Agreement to present for Board approval. VOTE: UNANIMOUS d. Public Hearing to Consider Proposed Uses of Funds from a November 2, 2010 Special Advisory Referendum Concerning the Levy of a One-Quarter Cent (1/4¢) County Sales and Use Tax The Board held a public hearing on potential uses for a One-Quarter Cent County additional Sales and Use Tax. Financial Services Director Clarence Grier introduced this item. PUBLIC COMMENT: Bill Whitmore said that he represents over 500 members of the Greater Chapel Hill Association of Realtors as their President. He said that the Greater Chapel Hill Association of Realtors is inclined to endorse this referendum, but generally not in favor of any more taxes on Orange County residents. He said that it is the strongly-held conviction that the County is better off holding the line on spending instead of continuing to increase property taxes. New economic disciplines are needed. However, these are extraordinarily challenging times and require different solutions. This '/4-cent sales tax is the smarter path. He said that the cost burden will be equally distributed, it is non-regressive by design, and a portion of it will be paid by visitors that pass through the County. He said that there are two programs that should be supported by this revenue — schools and economic development efforts. He said that the County needs to suspend relying on property taxes to fund the budget, and new economic development would help this. He said that the Association would like the County Commissioners to dedicate at least one-third of the new revenues to the schools, and the rest towards more robust economic development needed in the County. He said that the Association can support and help this referendum pass. He said that they were behind the County Commissioners with a resolution and a pledge to use the revenues to create a healthier, responsible environment dedicated to supporting superior schools for all residents and powered by enlightened economic development that will bring a brighter future to Orange County. Nick Tennyson is the Executive Vice President of the Homebuilders Association for Durham, Orange, and Chatham Counties. He said that they are glad that the Board of County Commissioners is putting this before the voters. He said that how this money is used will determine if the public will support this. He said that if the revenue is used for operating expenses, it will postpone the day when Orange County's tax base is diversified. They urge the Board to identify and restrict a substantial proportion of this revenue for meaningful economic development. Jerry Gschwind said that he is opposed to any tax increase. He said that the government payroll in N.C. has increased 90% since 1997 and N.C. has the 81h highest number of State government employees. He said that there is a bloated government structure in the State. He said that if they want to attract people, they need to reduce taxes and not increase them. Jeff Danner said that he would like income from the sales tax to go to the schools and education. He appreciates what the Board of County Commissioners has done in the past to address school funding. Sam Gharbo is a customer of the Efland sewer and he would support this tax if a large portion goes to infrastructure development, more specifically, the long-term solution of the Orange County sewer in Efland. Chapel Hill Fire Chief Dan Jones said that the Board has heard about the safety concerns about Emergency Medical Services and the 911 center in Orange County. If this 1/4- cent sales tax is approved, he asked that the Board please recognize this priority and fund it appropriately. He said that the EMS System needs to have more staffing and ambulances. This could help back down the 17-minute response time that is happening now. He said that funding should come from this sales tax. Gary Wallach is against this sales tax because it is an insufficient attempt to respond to our tax funding needs, and he would have gone for a 1/4-cent sales tax. He said that he supports the tax, but he wishes it were larger. Joe Phelps said that before he would support this sales tax, he would like the Board of County Commissioners to acknowledge how these funds would be spent. He would like for at least some of it to be for economic development (30% for the first year). He would like for some of the remaining funds to be used to reduce the property tax rate. Desiree Goldman lives in Carrboro and is the Legislative Affairs Director for the Greater Chapel Hill Association of Realtors. She echoed Bill Whitmore that they would support the sales tax with 1/3 going towards economic development and the rest to the schools. She said that the Unified Development Ordinance should be consistent with supporting economic development and there should be a welcoming signage ordinance for businesses. Tony McKnight, Chair of the Orange County Board of Education, said that he is here with a resolution supporting the 1%-cent sales tax for all funding to go to education. He read the resolution, as shown below: RESOLUTION IN SUPPORT OF THE ONE-QUARTER CENT SALES TAX IN ORANGE COUNTY, NORTH CAROLINA WHEREAS, the Orange County Board of Education ("School Board") has experienced state and local budget cuts of at least $6.2 million for day-to-day operations plus $800,000 reductions in capital funding from the state and Orange County since fiscal year 2008-2009; and WHEREAS, The School board anticipates a loss of at least an additional $4 million in federal funds in fiscal year 2011-2012; and WHEREAS, loss of these funds will create a fiscal environment that would cause the school system to severely limit programs and services offered to its students; and WHEREAS, the Chapel Hill-Carrboro City Schools has experienced similar funding reductions; and WHEREAS, the School Board has no authority to levy taxes to generate revenue to operate the school system and is dependent on the federal and state governments and Orange County local government to provide the school system with adequate funding on a yearly basis; and WHEREAS, the School Board is of the belief that passage of Article 46 one-quarter cent sales tax would diversify the County's revenue stream and has the potential to minimize cuts in local funding for the school system and the impact on the level of service the school system would be able to provide. NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Education requests the Orange County Board of County Commissioners allocate all of the proceeds from the proposed Article 46 one-quarter center sales tax to Orange County and Chapel Hill- Carrboro City Schools. This the 18th day of August 2010. Aaron Nelson, President of the Chapel Hill/Carrboro Chamber of Commerce, said that they support the 1%-cent sales tax increase and for the majority of these funds to go to economic development. He said that the Board of County Commissioners needs to become firm on this before the Chamber of Commerce can fully come out to support it. He said that these funds should be spent on business retention, business recruitment, etc., besides infrastructure. He said that it is important for the County to still try and get a %2-cent sales tax for regional transit and transportation. Bob Nutter said that he supports a sales tax because it is one of the few taxes that they have a choice in. He said that he trusts the Board of County Commissioners and staff to use it wisely. Chair Foushee said that this resolution only allows the County Commissioners to consider the question of a 1%-cent sales tax. Frank Clifton said that additional information will be discussed at the work session on the 191h. The Board of County Commissioners can vote on this at the September 2nd meeting. He pointed out that this tax does not apply to grocery sales. Commissioner Yuhasz said that so many commented on targeting this tax for economic development and the only question is how much will go toward economic development. He said that the County Commissioners should put some timeframe on how long the specific targets attached to the tax will last, such as a five-year horizon. Commissioner Pelissier asked that staff come to a work session with timeframe parameters for this sales tax. She does not want to make an indefinite commitment to any one issue. She asked for some pros and cons of different timeframes. Chair Foushee made reference to the public education section and said that the Board needs to discuss this on the 19th to make sure the public understands this referendum. Commissioner Jacobs said that this item should have been put first since so many people were here to speak. 7. Regular Agenda a. First Reading: Emergency Services Franchise by Ordinance: AAA Transport, Inc. The Board considered approving on First Reading the granting of a franchise by ordinance to AAA Transport, Inc., the Franchise Agreement under which it will operate and authorizing the County Manager to sign after review by the County Attorney. Frank Montes de Oca introduced this item. Kim Woodward spoke on behalf of AAA Transport. This company has provided uninterrupted ambulance service for over 15 years. This company has provided excellent customer service and has helped in times of need. There has been a continued good relationship with Orange County Emergency Services. The request is for a Franchise Ordinance Agreement for Convalescent Transport Services and Basic Life Support (BLS) services for surge and special events. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to: 1. Approve on First Reading the granting of a franchise for a five-year term to AAA Transport, Inc. for Basic Life Support Convalescent Transport Services and Emergency Services. a. Convalescent Transport Services • Basic Life Support Transport Services b. Emergency Services • Basic Life Support Transport Services 2. Approve the Franchise Agreement under which AAA Transport, Inc. will operate during the five-year period of franchise and that as a condition of the Franchise that AAA enter into an Operations Agreement with Orange County within 90 days to provide for the daily operational functions of AAA as it works within the Orange County Emergency Services System; and 3. Authorize the Emergency Services Director to negotiate the Operations Agreement with AAA and the County Manager to sign the Agreement after review by the County Attorney or his staff. VOTE: UNANIMOUS b. First Reading: Emergency Services Franchise by Ordinance: North State Medical Transport, Inc. The Board considered approving on First Reading the granting of a franchise by ordinance to North State Medical Transport, Inc., the Franchise Agreement under which it will operate and authorizing the County Manager to sign after review by the County Attorney. Frank Montes de Oca said that this is a new service to Orange County. This company provides service in Nash, Franklin, and Wake Counties. It is a reputable company and comes with good recommendations. Kim Woodward said that this would give the County three convalescent ambulance services and allows for commercial choice. She highly recommended this agency. Commissioner Jacobs asked about access and timeliness. Kim Woodward said that these services will be mostly by appointment. There will be one ambulance in the County at all times. Commissioner Jacobs made reference to financial impact and that the savings to the County is $350,000. He asked where this would have shown up and it was answered that it would have shown up in increased staffing. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to: 1. Approve on First Reading the granting of a franchise for a five-year term to North State Medical Transport, Inc. for Basic Life Support Convalescent Transport Services and Emergency Services. a. Convalescent Transport Services • Basic Life Support Transport Services b. Emergency Services • Basic Life Support Transport Services 2. Approve the Franchise Agreement under which North State Medical Transport, Inc. will operate during the five-year period of franchise and that as a condition of the Franchise that North State enter into an Operations Agreement with Orange County within 90 days to provide for the daily operational functions of North State as it works within the Orange County Emergency Services System; and 3. Authorize the Emergency Services Director to negotiate the Operations Agreement with North State and the County Manager to sign the Agreement after review by the County Attorney or his staff. VOTE: UNANIMOUS c. Automatic External Defibrillator(AED) Program Guidelines The Board considered a programmatic guideline for the Board's consideration regarding the specification, purchase, placement/installation, use, monitoring and maintenance of Automatic External Defibrillators (AED) in County-owned and/or operated facilities. Frank Montes de Oca said that the Board of County Commissioners asked staff to look at AEDs and the staff recommends a program guideline rather than an ordinance. Attachment 1 includes the current inventory and recommended placement. It is recommended that 31 AEDs be installed throughout the County. Commissioner Jacobs asked if there would be a point person in each building and Frank Montes de Oca said yes. There will also be obvious signage in buildings. Commissioner Yuhasz asked about the annual maintenance for these and Frank Montes de Oca said about $10,000. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to establish the AED Program Guidelines; and allocate $16,000 annually over the next three fiscal cycles for the purchase of the AEDs, mounting equipment, and installation. VOTE: UNANIMOUS d. Implementation of a One-Week Payroll Deferral —Amendment to Orange County Personnel Ordinance Article Ill, Section 1.0, The Work Week and Resolution Authorizing the Use and Advancement of Sick, Personal and Petty Leave During Payroll Deferral The Board considered an amendment to the Orange County Personnel Ordinance Article III, Section 1.0, "The Work Week" to change the standard work week and a resolution authorizing the County Manager to allow employees to use up to 40 hours of sick leave and personal and petty leave accrued through June 30, 2011 to supplement their pay during the payroll deferral and advancing employees' sick, person and petty leave during the payroll deferral. Frank Clifton said that the purpose of this issue is that the County continues to operate on a manual payroll system and it creates lots of errors. Staff has been moving forward to create an automated system of time-keeping and calculations. One of the issues is that most of the automated systems will not pay people in advance of hours actually worked. For some reason, the County has migrated to a system that pays people in advance, mainly because of direct deposit and the money being placed in the bank ahead of the work week ending. To move to this system, there must be a one-week deferral of payroll. In order to accomplish this, the recommendation is to allow employees to draw from personal leave or vacation leave to offset any loss of income over that week. Financial Services Director Clarence Grier said that they chose a month with three pay periods to make it easier for employees, which would be October. Human Resources Director Michael McGinnis continued to explain this procedure. He said that the employees have been notified about this. Some employees were worried that their salaries were being withheld, and that is not the case. Commissioner Gordon asked about the cash flow issue and if people will have enough vacation or sick leave to be paid the advance. Frank Clifton said that they are trying to make this as convenient as possible for employees. There are no cash flow problems right now. Commissioner Jacobs said that his concern is with the process. He said that he received eight anonymous letters from staff over the summer and some sentiments expressed relate to this item specifically and how the Board dealt with the budget. He said that he regrets throwing $500,000 on the floor during the budget without thinking of the employees. He thinks that the employees feel threatened by this economy and the changes taking place. He said that one way to address this is to have an opportunity where employees can ask questions of the senior staff before this is put into play. Frank Clifton said that there is an Employee Relations Committee and this issue has been discussed several times with employees. He has been very open and straightforward with the employees. Clarence Grier said that somewhere between $1-1.4 million has been lost in interest because of paying employees in advance. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to adopt the amendment to Article Ill, section 1.0 of the Orange County Personnel Ordinance and approve the resolution authorizing use and advancement of up to forty hours of sick leave and personal and petty leave accrued through June 30, 2011 for the sole purpose of supplementing employee pay for the period ending October 8, 2010 during implementation of the payroll deferral. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE USE AND ADVANCEMENT OF SICK, PERSONAL AND PETTY LEAVE BY ORANGE COUNTY EMPLOYEES FOR THE PURPOSE OF SUPPLEMENTING PAY FOR THE PAY PERIOD ENDING OCTOBER 8, 2010 WHEREAS, the Orange County Personnel Ordinance Article Ill, Section 1.0 provides that employees standard work week is from "12:01 am Monday until 12:00 midnight on Sunday;" and WHEREAS, permanent employees receive their paychecks on the Friday prior to the end of the workweek in which they are paid; and WHEREAS, this results in employees receiving paychecks based on the employee's anticipated work schedule instead of on the employees actual hours worked; and WHEREAS, this practice has caused several issues including overpayment of wages and difficulty in collection overpaid wages and delay in receipt of overtime compensation; and WHEREAS, in addition this practice makes it difficult to develop and implement an automated time and attendance process to not only cut down on errors in timekeeping and increase efficiencies but to also standardize the methodology used to process time and attendance; and WHEREAS, to change the current system a "payroll deferral" is required that moves the pay period one week which will cause employees to receive, in the second of three paychecks in October 2010, a one week paycheck instead of a two week paycheck; and WHEREAS, the County Manager has recommended several options which include the use of up to forty (40) hours of sick leave, advancing an employee up to forty (40) hours of sick leave and allowing employees to use any personal and petty leave earned but not used through June 30, 2011 for the sole purpose of supplementing an employee's pay for the period ending October 8, 2010; and WHEREAS, the Orange County Personnel Ordinance Article IV, Section 6.2 "Use of Sick Leave," Section 6.9 "Advancing of Sick Leave," and Sections 10.3 and 10.4 limit the use of sick and petty leave to those enumerated in the Orange County Personnel Ordinance and do not allow for the use recommended by the County Manager. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners is authorizing the County Manager to allow County employees the use of up to forty (40) hours of sick leave for the sole purpose of supplementing the employee's pay for the pay period ending October 8, 2010; and BE IT RESOLVED that the County Manager is authorized to advance employees up to forty (40) hours of sick leave for the sole purpose of supplementing the employee's pay for the pay period ending October 8, 2010; and BE IT FURTHER RESOLVED that the County Manager is authorized to allow employees to use any petty and personal leave earned but not used through June 30, 2011 for the purpose of supplementing the employee's pay for the pay period ending October 8, 2010. This the 17th day of August, 2010. VOTE: Ayes, 5; Nay, 1 (Commissioner Jacobs) e. Amendment to the Orange County Personnel Ordinance, Article VI, Sections 5.1 and 5.2 of the Position Classification Plan The Board considered an amendment to Article VI, Sections 5.1 and 5.2 of the Position Classification Plan. Michael McGinnis said that this will allow the Manager to improve his ability to provide administration and maintenance of the Position Classification Plan. Currently, the Board's responsibility is to add and delete positions, change titles, and revise salary grade and classification. The County Manager's responsibility is for the administration and maintenance of the plan and approving reclassifications into existing classifications. This amendment looks to improve that administrative process, especially with the number of reorganizations within the County. This all relates to administrative processes and not to funding authority. Commissioner Pelissier asked if this was normal practice for counties and Staff Attorney Annette Moore said that it varies among counties. She said that this is more of a best practice if the Manager does it. Originally, this was all done by the Board. Commissioner Gordon suggested having revisions more routinely than just annually. She suggested revising 5.2.3 as follows: "Reporting revisions of the plan to the Board of County Commissioners monthly, with an annual report that includes an overview and analysis." Commissioner Hemminger and Commissioner Pelissier said that it would not be necessary to do it every month and Chair Foushee suggested doing it "as necessary". A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to have a report within 30 days of the action, with an annual summary report. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve an amendment to Article VI, Sections 5.1 and 5.2 of the Position Classification Plan. VOTE: UNANIMOUS f. Amendment to the Orange County Personnel Ordinance, Article II, Recruitment and Employment to Add Section 5.7 Appointments of Incumbents and Others to Vacant Positions The Board considered an amendment to Article II, Section 5.0 Appointments, a Section 5.7 Appointments of Incumbents and Others to Vacant Position. Michael McGinnis said that this allows for some flexibility in making appointments for vacancies. Currently, this is a cumbersome process. This amendment would allow for more flexibility. Commissioner Gordon asked about contract and grant employees. Frank Clifton said that this would also allow for flexibility if a certain grant runs out and the employee is qualified for a vacant position. Commissioner Jacobs said that the way this reads to him is way too global. He would be more comfortable if it were more specific. He asked that staff make this more focused. Annette Moore said that they could do some administrative rules to go along with this. She said that this language is in the State Personnel Act and was not meant to be global. She will add some additional language to make it more specific. Commissioner Pelissier said that she had similar concerns. Commissioner Gordon said that she would be comfortable with the addition of the administrative rules. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to approve an amendment to Article II, Section 5.0 Appointments, a Section 5.7 Appointments of Incumbents and Others to Vacant Position, with the amendment of asking Staff Attorney Annette Moore to bring back to the Board a set of administrative rules. VOTE: UNANIMOUS 8. Reports a. Orange Public Transportation — Chapel Hill Transit Consolidation Study Update The Board received a report on the status of the Orange Public Transportation — Chapel Hill Transit Consolidation Study. Craig Benedict made this presentation. He said that the Planning Department, the Manager's Office, Chapel Hill Transit, and NCDOT have begun to pursue the OPT-CHT consolidation study process. The Managers got together to discuss this possible consolidation. NCDOT will be the Project Manager for this. The possible cost to the County is 10%. The exact scope of services is not yet known. The consultants will be narrowed down within the next week. The attached plan is a boiler-plate for the actual plan. This needs to be somewhat of an accelerated consolidation plan because of the potential 1/4-cent sales tax referendum. Frank Clifton said that this does not commit the County to any specific action. The %2- cent sales tax cannot be used to supplant any existing services, but only for expansion. Commissioner Gordon made reference to the Transportation Advisory Board and asked which board there would be —the OUTBoard or the Transportation Services Board (TSB). Craig Benedict said that the Transportation Services Board is a staff function and would report to the OUTBoard for information purposes. The Transportation Advisory Board is now the OUTBoard. Commissioner Gordon made reference to the fees and said that the vehicle registration fees are allocated if the entity contributed to the operation. Frank Clifton said that the Board of County Commissioners adopts the fee and it is split. If there is a consolidation plan, it can be adopted contingent upon the consolidation plan. Craig Benedict answered several clarifying questions of the Board. PUBLIC COMMENT: Sam Gharbo is a customer of the Orange County sewer and he said that he is glad to hear of the steps the Board of County Commissioners is making in adjusting the sewer fees. He thanked the County Commissioners for raising their level of involvement in this issue. 9. County Manager's Report Frank Clifton said that part of the Medicaid sales tax swap was a hold harmless agreement. The way it was supposed to work was that the County would receive a total of $2.6 million in Medicaid hold harmless money. The March payment, which was supposed to be a sizable portion of that, was only $700,000 and it was said that this was it. The good news is that the County did receive another$1 million in the August payment. He said that he is working on something for the employees, probably 401k, with the rest going into reserves. He said that the staff was assigned to work on the Efland sewer and he and the Attorney, along with other departments, met and have had discussions with the Mebane staff. There will be a more formal presentation in late fall. The staff is also working on library options for the southern part of the County. 10. County Attorney's Report John Roberts gave an update on the codification and said that they should have the general ordinances for approval within the next six months. The UDO will take substantially longer. The total cost for all of the review might about $15-16,000. Commissioner Yuhasz asked about the process for maintaining and keeping the code updated and current. Donna Baker said that once it is codified, it will be done electronically. She suggested having someone within the County review it once it is done online by the reviewing agency. Commissioner Yuhasz said that he would like to have this done. 11. Appointments a. Adult Care Home Community Advisory Committee — New Appointments The Board considered making appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Daniel Hatley and Vince Stevens to one-year training terms ending July 31, 2011 to the Adult Care Home Community Advisory Committee. VOTE: UNANIMOUS b. Orange County Arts Commission —New Appointments The Board considered making new appointments to the Orange County Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to DEFER this appointment until the resolution (which we discussed earlier) is brought back. VOTE: UNANIMOUS 12. Board Comments Commissioner Yuhasz— none Commissioner Gordon made reference to transportation and said that the second round of Transit Workshops is set for September. These are community meetings on the Triangle Region Transit Program. The one in the Orange County area is Thursday, September 16th at the Carrboro Century Hall from 4-7 p.m. There will be identical presentations at 4:30 and 6:00. Commissioner Gordon said that at the TAC meeting, they received an update on the NC 54/1-40 Corridor Study Report. It is now available for review. There is a plan to make a presentation to the Board of County Commissioners in October. Commissioner Gordon said that the NCACC Environment Steering Committee had a conference call today and one of the major points is that now is the time to act, if the County has legislative goals for the NCACC to consider. The County should send a letter or a resolution to request specific topics to be discussed or studied. The comments need to be sent in by September 15th Commissioner Pelissier said that any legislative goals have to be a resolution that is passed by the full Board and not by an individual commissioner. Commissioner Pelissier said that $40 million was restored to mental health services and $1.2 million was restored to the Orange/Person/Chatham mental health services. This is not a reinstatement of all of the monies that were cut. Commissioner Jacobs said that he had read that the DOT Board had expedited some TIP projects. One was the extension of Sage Road in Chapel Hill. He would like to see what the route is on a map. Also, there is a plan to widen 1-85 in Orange County for three miles from where it intersects with 1-40. He wonders what this will look like and why the rest would be left as a bottleneck. Commissioner Jacobs said that when the County changed over the phone system, there was some confusion at the beginning. He requested that all staff members leave a voice mail message about who the caller should call if they are not available. Chair Foushee said that she participated in a focus group that was commissioned by the General Assembly for studying the consolidation of human services. There will be a number of focus groups held as they consider allowing counties with less than 430,000 residents to consolidate those services. Chair Foushee said that she also attended the NACO conference, but many topics are not indicative of the southeast region and not very applicable. She is concerned that none of the officers are from this area. She said that she will continue to advocate for Orange County's presence there. 13. Information Items • Central Efland and Northern Buckhorn Sewer Expansion Project Update • Healthy Carolinians of Orange County's 2010 Annual Meeting on September 24, 2010 • June 15, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to go into closed session for at 10:21 pm: "Pursuant to N.C.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." "Pursuant to NCGS § 143-318.11(a)(6): "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee." To consider and approve the unsealing of closed session minutes. VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve reconvening into regular session at 11:50 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Gordon seconded by Commissioner Hemminger to adjourn the meeting at 11:50 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board