HomeMy WebLinkAboutMinutes 09-02-2010 1
APPROVED 10/5/2010
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
September 2, 2010
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Thursday,
September 2, 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, 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
Chair Foushee went over the items at the County Commissioners' places:
- PowerPoint for item 3-a — Designation of Eurosport Soccer Center as a
Groundwater Guardian Green Site (salmon-colored sheet)
- Revision for item 4-j — Propose to Accept Offers to Purchase County Property
(lavender sheet)
- Revision for item 4-r — Changes in BOCC Regular Meeting Schedule for 2010
(yellow sheet)
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
NONE
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. Designation of Eurosport Soccer Center as a Groundwater Guardian Green
Site
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The Board considered acknowledging the designation of the County's Eurosport
Soccer Center complex as a Groundwater Guardian Green Site by The Groundwater
Foundation.
Environment and Resource Conservation Director Dave Stancil said that this is the first
Groundwater Guardian Green Site in N.C. He said that this is a great collaboration of the
former Environment and Resource Conservation Department (ERCD) and Parks and
Recreation Departments working together to be able to achieve this designation. He said that
the Groundwater Guardian Green Site program is designed for highly-managed sites. The
idea is to try and acknowledge the water-friendly practices, for both groundwater and service
water as a part of site maintenance.
Designation as Groundwater Guardian Green Site
Eurosport Soccer Center
GWG Green Site Program
•Recognizes highly-managed sites for groundwater stewardship.
•Implement groundwater and surface water-friendly measures as part of their routine site
practices.
•Includes irrigation, pesticide and fertilizer application, plant selection, materials recycling.
•Application completed by Department of Environment, Agriculture and Parks and Recreation
(DEAPR)staff documenting site practices.
•Information evaluated and scored by The Groundwater Foundation.
Eurosport Soccer Center
•First Groundwater Guardian Green Site in North Carolina!
•Signage will be used at the site to educate the public.
David Stancil introduced staff — Tom Davis, Kurt Farmer, and Dan Derby — and
acknowledged the signage for site.
Commissioner Yuhasz asked where the County Commissioners could learn about the
specific practices in winning this award and if this is applicable to homeowners. Dave Stancil
said that the Groundwater Foundation website has an FAQ section that has the process. The
website is www.groundwater.org. There are also some parallel programs for residences. He
said that the staff is also looking at Cedar Grove Park and the possibility of pursuing the
designation there.
4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by Commissioner
Nelson to approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from June 15, 2010 as submitted by the Clerk to the
Board.
b. Appointments—None
c. Property Tax Releases
The Board adopted a resolution, which is incorporated by reference, related to sixty-
nine (69) requests for property tax release for the 2010 tax year in accordance with N.C.
General Statute 105-381.
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d. Applications for Property Tax Exemption/Exclusion
The Board approved a resolution, which is incorporated by reference, related to nine (9)
untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year.
e. Voluntary Agricultural District Designation: Thompson's Prawn Farm
This item was removed and placed at the end of the consent agenda for separate
consideration.
f. Blue Cross and Blue Shield of North Carolina Foundation Grant Agreement
The Board approved an equipment grant agreement with Blue Cross and Blue Shield of
North Carolina and authorized the Chair to sign.
g_ Transaction Costs and Budget Amendment#2-C for Underwood Conservation
Easement Donation
The Board authorized an increase of$620 (from$2,000 to$2,620) in County funds and
approved Budget Amendment #2 — C to acquire a permanent conservation easement on the
Underwood property.
h. Food and Nutrition Services Outreach
The Board authorized the Manager to sign the agreement with the MANNA Food Bank
to accept the reimbursement from the MANNA Food Bank and to create one time-limited
maintenance position at Social Services for the period October 1, 2010 through September 30,
2011.
i. CDBG Program—Language Access Plan
This item was removed and placed at the end of the consent agenda for separate
consideration.
L Propose to Accept Offers to Purchase County Property
The Board approved a resolution for the following:
- Graham Building:
o Accept the offer submitted by Robbin Taylor-Hall in the amount of
$180,028.40;
o Approve the attached Resolution and authorize the Chair to sign the
resolution as appropriate; and
o Authorize staff to create the appropriate paperwork for completion of the
sale and authorize the Chair to sign.
- Highway 49—Old ABC Store:
o Accept the highest offer submitted ($3,500)as outlined; and
o Approve the attached Resolution Authorizing Upset Bid Process and
authorize the Chair to sign the resolution as appropriate.
k. Second Reading: Emergency Services Franchise by Ordinance: North State
Medical Transport, Inc.
The Board approved on second 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; authorized the Chair to sign the Franchise Ordinance; and directed
staff to discuss and enter into an Operations Agreement with North State within 90 days that
identifies the subcategories under which North State will be permitted to operate the
Convalescent and Emergency Medical Basic Life Support Franchise based on the needs of
the County and the capacity and capabilities of North State as well as to provide for the daily
operational functions of North State as it works within the Orange County Emergency Services
System; and after the Emergency Services Director negotiates the Operations Agreement with
North State, authorized the County Manager to sign the Agreement subject to review by the
County Attorney or his staff. The granting of the Franchise Ordinance is conditional upon
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successful completion of the Operations Agreement with 90 days of acceptance of the
Franchise Ordinance by North State Medical Transport.
I. Second Reading: Emergency Services Franchise by Ordinance: AAA
Transport, Inc.
The Board approved on second reading the granting of a franchise for a five-year term
to AAA Transport, Inc. Basic Life Support Convalescent Transport Services and Emergency
Services; authorized the Chair to sign the Franchise Ordinance; directed staff to discuss and
enter into an Operations Agreement with AAA within 90 days that identifies the subcategories
under which AAA will be permitted to operate the Convalescent and Emergency Medical Basic
Life Support Franchise based on the needs of the County and the capacity and capabilities of
AAA as well as to provide for the daily operational functions of AAA as it works within the
Orange County Emergency Services System; and after the Emergency Services Director
negotiates the Operations Agreement with AAA, authorized the County Manager to sign the
Agreement subject to review by the County Attorney or his staff. The granting of the Franchise
Ordinance is conditional upon successful completion of the Operations Agreement with 90
days of acceptance of the Franchise Ordinance by AAA Medical Transport.
m. Second Reading: Implementation of a One-Week Payroll Deferral —
Amendment to Orange County Personnel Ordinance Article III, Section 1.0, The
Work Week and Resolution Authorizing the Use and Advancement of Sick,
Personal and Petty Leave During Payroll Deferral
The Board approved on second reading the amendment to Article III, section 1.0 of the
Orange County Personnel Ordinance and approved 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.
n. Second Reading: Amendment to the Orange County Personnel Ordinance,
Article VI, Sections 5.1 and 5.2 of the Position Classification Plan
The Board approved on second reading an amendment to Article VI, Sections 5.1 and
5.2 of the Position Classification Plan.
o. Second Reading: 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 approved on second reading an amendment to Article II, Sections 5.0
Appointments and 5.7 Appointments of Incumbents and Other to Vacant Position, with staff
providing the Board with the administrative rules and procedures guiding the implementation of
this amendment at an upcoming meeting.
g Animal Services Facility — Third Amendment to Agreement for Construction
Manager at Risk and Approval of Budget Amendment#2-A
This item was removed and placed at the end of the consent agenda for separate
consideration.
g Justice Facility — General Contractor Extended Overhead Request and
Approval of Budget Amendment#2-B
The Board approved the $40,000 negotiated amount related to the extended
construction overhead costs requested by the General Contractor; and approved the attached
Budget Amendment#2-B consolidating all costs for the Justice Center Facility into one capital
project account. The total of all costs for this project is$12,277,329.
r. Change in BOCC Regular Meeting Schedule for 2010
The Board amended its regular meeting calendar for 2010 by:
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- Adding a location for the Orange County Assembly of Governments Meeting, which
is scheduled for Thursday, September 16, 2010 at 7:00 p.m. and will be held at the
Southern Human Services Center, 2501 Homestead Road in Chapel Hill.
VOTE ON CONSENT AGENDA: UNANIMOUS
5. Items Removed From Consent Agenda
e. Voluntary Agricultural District Designation: Thompson's Prawn Farm
The Board considered an application from Joe and Geraldine Thompson to certify their
prawn farm as qualifying farmland within the Cedar Grove Voluntary Agricultural District and
authorizing the Chair to sign the agreement.
Chair Foushee said that she pulled this item to recognize the Thompson's, who are
here tonight.
Dave Stancil said that this is the second time the County has recognized Mr.
Thompson. The first was Small Farmer of the Year. Mr. Thompson thanked all of the Board of
Commissioners for this.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Nelson to
approve an application from Joe and Geraldine Thompson to certify their prawn farm as
qualifying farmland within the Cedar Grove Voluntary Agricultural District and authorize the
Chair to sign the agreement.
VOTE: UNANIMOUS
i. CDBG Program—Language Access Plan
The Board considered approval of a Language Access Plan for the County Community
Development Block Grant Program and authorizing the Chair to sign the Plan document.
Commissioner Gordon said that the name of the department has been proposed to be
changed on the regular agenda tonight and she wanted to make sure all changes were noted
for future reference. Housing and Community Development Director Tara Fikes said that she
would make the change.
A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger
to approve a Language Access Plan for the County Community Development Block Grant
Program and authorize the Chair to sign the Plan document.
VOTE:UNANIMOUS
Animal Services Facility—Third Amendment to Agreement for Construction
Manager at Risk and Approval of Budget Amendment#2-A
The Board considered approving the third amendment to the Agreement for
Construction Manager at Risk and approving Budget Amendment #2-A that consolidates all
costs in one capital project to effectively close out the Animal Services Facility capital project.
Commissioner Gordon said that she asked staff about more information on this item but
she is still not comfortable with this. She removed it so that she could vote against it.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the third amendment to the Agreement for Construction Manager at Risk
agreement in the amount of$731,059 and authorize the Chair to sign on behalf of the Board;
and approve Budget Amendment #2-A consolidating all costs in one capital project account.
The total of all costs for this project is$9,168,864.
VOTE: Ayes, 6; Nay, 1 (Commissioner Gordon)
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Commissioner Gordon said that she voted against this because of the large amount of
money being proposed for approval.
6. Public Hearings-NONE
7. Regular Agenda
a. Resolution Regarding Planned Uses of Revenues from a Potential One-
Quarter Cent(114¢)County Sales and Use Tax
The Board considered approving a resolution specifying the intentions of the Orange
County Board of Commissioners regarding the use of the proceeds from a One-Quarter Cent
(1/4¢) County Sales and Use Tax, if approved by voters on November 2, 2010 and authorizing
the Chair to sign.
Financial Services Director Clarence Grier said that the Board approved the distribution
of these funds, with 42.5% for schools; 42.5% for economic development; and 15% for
libraries and emergency services. He asked the Board to approve the resolution.
Frank Clifton said that there have been outside public comments about item 'b' in the
resolution and the wording. He said that this could be reworded related to infrastructure.
Commissioner Yuhasz said that the County Commissioners received an email from
Aaron Nelson from the Chapel Hill Chamber, which rewords this and captures the discussion
really well. He suggested substituting this verbiage from Aaron Nelson's email, and he read it:
"42.5% of the funding will be allocated to economic development efforts including
funding infrastructure improvements needed to recruit new businesses and expand
existing businesses; funding for business loans and grants to grow businesses in
Orange County; targeted business recruitment, retention, and expansion efforts; and
community branding and marketing."
He stated that "community branding and marketing" meant to publicize that Orange
County is now in the business of wanting business.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to approve this language from Aaron Nelson, as stated above, for item 'b' in the resolution.
VOTE: Ayes, 6; Nay, 1 (Commissioner Nelson)
A motion was made by Commissioner Jacobs to remove the word "equally" in section
'c'.
Chair Foushee said that the motion the Board just passed earlier was for section 'b'
only.
Commissioner Hemminger asked that if this change is made to remove "equally",
whether the Board would have to vote on this each year and Frank Clifton said no, but it would
just depend on the needs at that time.
Commissioner Yuhasz agreed with Commissioner Jacobs on having the flexibility each
year.
Commissioner Gordon stated that we could achieve flexibility by specifying that the
money would be allocated equally over a five year period.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve 15% of the money being used for libraries and emergency services equally over a
five-year period.
VOTE: UNANIMOUS
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Commissioner Hemminger said that she and Commissioner Pelissier attended a
session at the NCACC conference on this issue. She said that it was brought up that
individual Commissioners could do more than educate. She suggested putting this resolution
on the web and in the paper, explaining and educating what this resolution really means. She
encouraged all County Commissioners to speak about this individually to the public.
Commissioner Pelissier suggested that because this is a special sales tax that there
should be an annual report to the public on exactly how this money was spent over a
designated period of time.
Frank Clifton said that, from a budget standpoint, this will be in a separate fund from
the general fund and will be easy to track.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve the amended resolution specifying the intentions of the Orange County Board of
Commissioners regarding the use of the proceeds from a One-Quarter Cent (1/4¢) County
Sales and Use Tax, if approved by voters on November 2, 2010 and authorized the Chair to
sign.
A Resolution Regarding Uses of Potential Revenues from a One-Quarter Cent(1/4¢)
County Sales and Use Tax
WHEREAS, there are significant pressing infrastructure, economic development, school, and
other County capital needs that are precipitated by growth pressures and the new economic
reality facing Orange County; and
WHEREAS, it is important to provide Orange County taxpayers with alternatives to the
pressure to raise property taxes to address these and other County needs; and
WHEREAS, the levy of a Article 46 one-quarter cent (1/4¢) County sales and use tax would
provide a new County revenue source and would generate approximately $2,300,000
annually for the County; and
WHEREAS, it is important for Orange County to plan for future economic development that
will enable the County to recruit, retain, grow, and generate businesses and jobs that are
desirable; and
WHEREAS, it is important that Orange County expand collaboration and cooperation of
economic development efforts and decisions between Orange County and the towns of
Chapel Hill, Carrboro and Hillsborough and the cities of Mebane and Durham; and
WHEREAS, it is important for Orange County to meet public school needs; and
WHEREAS, it is important to provide the residents of Orange County improved Library and
Emergency Medical Services to meet the increased demand of a growing population; and
WHEREAS, the Board of Commissioners establishes a 5 year commitment to allocate Article
46 one-quarter cent(1/4¢) County sales and use tax proceeds as follows:
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a. 42.5% of the funding will be allocated in an equitable manner between the County's
two school systems for the dedicated purpose of facility improvements at 'older'
schools within all of Orange County and the procurement of technology. Each school
system will establish a list of prioritized needs for older schools within the County.
Funding provided by the passage of the referendum will be allocated to those
prioritized projects. Progress will be evaluated annually and adjustments made
according to needs agreed upon by the School Boards and Board of County
Commissioners;
b. 42.5% of the funding will be allocated to economic development efforts including
funding infrastructure improvements needed to recruit new businesses and expand
existing businesses; funding for business loans and grants to grow businesses in
Orange County; targeted business recruitment, retention, and expansion efforts; and
community branding and marketing;
c. 15% of the funding will be allocated equally over a five-year period to improve Library
and Emergency Medical Services.
WHEREAS, if additional funding does not come from the one-quarter cent (1/4¢) County
sales and use tax, the property tax will be the primary funding source available for schools,
economic development initiatives, and library&emergency medical services; and
WHEREAS, to distinguish and separate the revenues produced by this 1/4 cent sales tax if
approved by Orange County voters, a Special Revenue Fund will be established to receive
and account for the sales tax revenue. These funds will remain separate from the county's
general fund to allow for more accurate tracking of revenues and expenditures in accordance
with initial five year allocation plan established as part of this resolution;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners
hereby states its intent to use the revenues from the Article 46 one-quarter cent (1/4¢)
County sales and use tax, if approved by the voters of Orange County, for currently
unfunded or underfunded economic development, public school and library & emergency
medical services for a period of five years, with a scheduled implementation date of April 1,
2011.
BE IT FURTHER RESOLVED THAT proceeds from the one-quarter cent(1/4¢)County sales
and use tax in later years will be used to address priorities as established by the Board of
Commissioners in the County's Capital Investment Plan.
This the 2nd day of September, 2010.
VOTE: UNANIMOUS
b. Social Justice Goal
The Board considered adoption of the Social Justice goal for Orange County
developed by the Human Relations Commission (HRC).
Tara Fikes said that the HRC has been working on this goal as a guideline for Orange
County government, staff, and the public at large. She said that at the last work session the
Board of County Commissioners suggested to the HRC that it develop some type of
methodology to measure the success of the goal and to implement it.
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Bryant Colson, Chair of the HRC, said that it was charged in 2004 by the Board of
County Commissioners to develop a social justice goal. He said that this goal and the
implementation plan is a huge step in making Orange County a positive and progressive
community and makes Orange County only the 2nd county in the country to take this goal
forward. The other county is King County in Washington State. He hopes that the County
Commissioners take into consideration all of the work that the HRC has put into this goal to
keep Orange County a progressive county.
Tara Fikes said that the second thing the HRC worked on is to create a methodology to
measure success of this goal. The other component of the plan is the annual review of the
Social Justice Goal Recommendations (page 6). The HRC should review these goals each
year. This is a work in progress.
Frank Clifton said that the real issue for him is that the County take an official position
and recognize that these are important goals for County government.
Commissioner Gordon said that she received the Board of Health letter and she does
not understand the work in progress tool as it relates to this letter.
Commissioner Nelson said that he sat in many of these meetings, and he understands
Commissioner Gordon's concerns, but the County Commissioners need to go ahead and
adopt this goal and then address concerns as they arise because questions are part of the
implementation of this goal.
Commissioner Yuhasz said that the goals expressed on page six are ones that the
County Commissioners would all agree on, but the concern of the Board of Health (BOH) is
that the recommendations if adopted would require the Health Department and other
departments to do more investigations and recordkeeping without the resources to do this. He
would have a problem adopting the recommended actions as policies of the County and it
imposing on County departments additional requirements without resources.
Commissioner Pelissier said that the County Commissioners should adopt the five
goals on page six and then taking recommended actions as just recommendations. She thinks
that these goals should be incorporated into the County Commissioners' general goals.
Frank Clifton said that most of these are already established within the County as part
of best practices and the Board's general goals.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
adopt the goals and accept the recommendations by asking the HRC to work with the County
departments in adapting this to the County's policies and resources, and to report back to the
County Commissioners on an annual basis on the progress.
Commissioner Jacobs said that he would like to task the County Manager to ask a
responsible member of County government to keep a list of all of the annual reports the Board
has asked to receive.
Commissioner Yuhasz said that he would like to know the fiscal ramifications of
implementing this process.
VOTE: UNANIMOUS
Chair Foushee said that there have been some rumblings that Orange County has
closed its door on the Human Relations Office and she hopes that with the passing of this
item, that it will assure everyone that this is not true.
Bryant Colson thanked the Board of County Commissioners and the Manager for
adopting this goal. He said that the HRC understands that there will be costs and personnel
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constraints to get the goal adopted. He said that the implementation process will be the work
in progress.
A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to
ask the Chair of the BOCC to write a letter of thanks on behalf of the County Commissioners to
all past and present HRC members and departmental staff (including past directors) that
participated in the social justice goal process.
VOTE: UNANIMOUS
c. Orange County's Recommendations Regarding Goals for Inclusion in the
North Carolina Association of County Commissioners' (NCACC) 2011-2012 Legislative
Goals Package
The Board considered approving a Resolution Detailing Orange County's
Recommendations Regarding Goals for Inclusion in the North Carolina Association of County
Commissioners' 2011-2012 Legislative Goals Package.
Greg Wilder said that this resolution before them is for possible goals for the General
Assembly — Legislative Goals Package. These goals guide the staff and representatives for
the next two coming years of legislative session. He said that the NCACC has begun this
process for the 2011-2012 sessions, and the deadline to get the package to the NCACC is
September 15th. The resolution addresses five different areas, at the Board's direction, to be
included in the package. There are five additional areas that mimic items from the 2010
Legislative Goals Package.
Frank Clifton said that all of the goals that were put forward have statewide
implications.
Commissioner Gordon commended Chair Foushee, Frank Clifton, and Greg Wilder for
getting this information together so quickly.
Commissioner Jacobs said that he found this resolution confusing because there are
five state-level things and five very specific things. He asked if the County Commissioners
were going to endorse ten things.
Greg Wilder said that, looking at NCACC's goals from 2009 and 2010 and looking at
the County's 2010 goals, there was some overlap. His goal was to acknowledge that those
were still priority issues for the County and mention them.
Chair Foushee said that the goal was to ensure that the items that were placed first
would be items that had statewide impact and the other ones are significant to Orange County.
He said that there are several goals that might have a higher priority, such as the
Homestead Exemption revision, which strikes him as more important than Bio-Solids Disposal.
He would like to help people on fixed incomes, especially in this economy.
Chair Foushee said that she is not opposed to that.
Commissioner Hemminger said that she does not want to replace bio-solids, but she
would like to include Commissioner Jacobs' suggestion. She said that she was also confused.
Frank Clifton said that the goal was to try and make the NCACC package as
comprehensive as possible.
Commissioner Yuhasz suggested inserting the following language into the "Now,
Therefore" portion of the resolution: "We, the Orange County Board of Commissioners do
hereby recommend that NCACC also include the following goals in the NCACC 2011-2012
Legislative Goals Package." He also agreed with adding the Homestead Exemption issue.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
approve the amended Resolution Detailing Orange County's Recommendations Regarding
Goals for Inclusion in the North Carolina Association of County Commissioners' 2011-2012
Legislative Goals Package.
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Resolution Detailing Orange County's Recommendations
Regarding Goals for Inclusion in the
North Carolina Association of County Commissioners' (NCACC)
2011-2012 Legislative Goals Package
WHEREAS, the North Carolina Association of County Commissioners (NCACC) organizes a
process every two years to develop a legislative goals package; and
WHEREAS, the purpose of the package is to develop a consensus of broad support on
legislative goals and issues for matters affecting North Carolina counties that may be
addressed during the upcoming North Carolina General Assembly sessions during next two
calendar years; and
WHEREAS, the goals and issues included in NCACC package, with their broad support, guide
and strengthen NCACC representatives and staff as they converse with individual legislators
and committees on legislative matters; and
WHEREAS, NCACC has begun the process to develop its 2011-2012 Legislative Goals
Package and Orange County and all other North Carolina counties have been asked to submit
proposed legislative goals for consideration for inclusion in the 2011-2012 Legislative Goals
Package by September 15, 2010; and
WHEREAS, Orange County continues to support legislative goals included in past NCACC
legislative goals packages such as:
1) Support for the expansion of revenue options and protection of revenue sources
available to county governments;
2) Opposition to legislation shifting the state's existing responsibility for funding
transportation construction and maintenance projects to county governments;
3) Support for legislation to provide state assistance to meet public school and
community college construction needs caused by increased enrollment, mandated
reduction in class size and other factors;
4) Seeking legislation to ensure that state-funded mental health, developmental
disability, and substance abuse services are available, accessible and affordable
to all citizens and that sufficient state resources fund service provision costs
inclusive of sufficient crisis beds; and
5) Support for legislation to allow public schools systems to regain access to sales tax
refunds (Orange County believes a more comprehensive solution is supporting
legislation to exempt counties, cities, school boards, community colleges, and
local utility authorities from payment of state and local sales taxes on purchases
within North Carolina); and
WHEREAS, Orange County believes there are other issues of importance to all North Carolina
counties that should be included as goals in NCACC's 2011-2012 Legislative Goals Package;
NOW THEREFORE we the Orange County Board of Commissioners do hereby recommend
that NCACC also include the following goals in the NCACC 2011-2012 Legislative Goals
Package:
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1) Bio-solids Disposal - Support legislation which provides county governments
some opportunity to regulate and/or have input into, but not prohibit, bio-solids
application activities, including the acceptable "classes" of bio-solids for
application and the prohibition of bio-solids application in certain environmentally
sensitive areas such as critical watersheds. The appropriate application of bio-
solids for agricultural use should be allowed with counties playing a role in the
process;
2) Energy Efficiency Standards in Local Building Codes - Support changes in
State law to allow local governments to include standards for energy efficiency in
local building codes that are higher than those contained in the State Building
Code;
3) Fire Protection - Additional State Funding for State-Owned Buildings -
Support legislation to provide additional State compensation to municipalities and
local fire districts providing fire protection to state-owned buildings;
4) Entertainment and Sports Event Fee to Support Transportation Needs -
Support legislation to permit a fee to be charged on tickets purchased for large
entertainment and sports events, with the revenue shared by the respective
government jurisdictions and dedicated to the support of public transit and
transportation programs;
5) Wastewater System Classifications for Volunteer Fire Departments—Support
actions to change North Carolina Division of Water Quality (DWQ) wastewater
system classification rules which currently classify a spray irrigation system such ,-{Deleted: that classify a
as one utilized by volunteer fire departments as "commercial". When the flow
generated by the system is domestic quality/non-industrial process wastewater,
the system should be held to the same monitoring and testing standards as a
residential wastewater system under DWQ jurisdiction. In the alternative,
volunteer fire departments should be excluded entirely from the "commercial"
classification. The annual inspections and testing costs associated with a
"commercial" designation for a spray irrigation system serving a volunteer fire
department can be several thousands of dollars. Accounting for the type of flow
actually treated by a system rather than assigning a blanket "commercial"
designation would significantly reduce volunteer fire departments' annual costs
across the state; and
6) Homestead Exemption Revision — Support Homestead Exemption provisions of
the Machinery Act to provide greater opportunities for low-income seniors to
remain in their homes and not be displaced due to property tax burdens, eliminate
the discriminatory features of the exemption provisions relating to couples, and
address the ineffectiveness of the exemption provisions in communities where
property values increase at substantial rates over short periods of time.
This the 2nd day of September 2010.
VOTE: UNANIMOUS
d. Re-naming of the Recreation and Parks Advisory Council
The Board considered renaming the Recreation and Parks Advisory Council to "Parks
and Recreation Council."
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Dave Stancil said that historically they have had a Recreation and Parks Advisory
Council in Orange County. At the June 10th work session, a new name was proposed that
reflects the changed name of the department. The group has decided to choose a name that
would spell out PARC.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to approve renaming the Recreation and Parks Advisory Council to "Parks and
Recreation Council."
VOTE: UNANIMOUS
e. Re-naming of the Housing and Community Development Department
The Board considered renaming the Housing and Community Development
Department to the"Housing, Human Rights and Community Development Department."
Tara Fikes said that in March of this year, the Human Rights and Relations department
was merged with the Housing and Community Development Department. This is the reason
for the change in the name. This name has been agreed upon by all parties.
Commissioner Gordon said that they want to make sure people know that Human
Rights is known in this name change. She said that the full name should be used in a
document the first time it was referenced.
Tara Fikes said that she had a visit from HUD and one of the suggestions was to
designate a phone number that is exclusive for complaints for civil rights ordinance violations.
She said that she has identified this phone number and they will begin to market this phone
number for this purpose.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve renaming the Housing and Community Development Department to the "Housing,
Human Rights and Community Development Department," with the understanding that when
the name is used in a document that the full name be used the first time it is referenced.
VOTE: UNANIMOUS
Commissioner Jacobs thanked Tara Fikes for working with the HRC.
8. Reports-NONE
9. County Manager's Report
Frank Clifton said that staff is working on a new project to bring Orange County
recognition through a full page ad in the Chapel Hill and Durham Herald for 52 weeks
dedicated to Orange County. Durham County has agreed to donate this space to Orange
County, which equates to $250,000 of paper space. This would include positive comments
about Orange County, arts, education, etc.
10. County Attorney's Report
John Roberts said that the Chief Justice signed an order granting Judge Baddour the
right to hear the civil matter of Orange County and Hillsborough and this may be heard
tomorrow morning. He does anticipate a ruling if there is a hearing. He said that the other
issue may be disposed of tomorrow as well. Also heard will be the petition for review of the
Board of Adjustment decision denying the County's zoning compliance.
11. Appointments-NONE
12. Board Comments
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Commissioner Yuhasz—none
Commissioner Hemminger—none
Commissioner Pelissier said that in June the County Commissioners had received an
email from Orange County Voice about starting to require permits for door-to-door solicitations.
A motion was made by Commissioner Pelissier, seconded by Chair Foushee to direct
staff to respond to this proposed petition and whether or not it would be cost-effective for the
public safety of citizens in Orange County to have an ordinance for these permits, and if so, to
prepare a draft ordinance.
Commissioner Jacobs said that he wants the ordinance to be effective and not just
cost-effective.
Frank Clifton said that he would develop a report with recommendations and provide a
sample ordinance.
Commissioner Pelissier said that she would accept a friendly amendment to the motion
to change "cost-effective" to "effective", including what Frank Clifton said about what the staff
would provide.
VOTE: UNANIMOUS
Commissioner Jacobs congratulated Chair Foushee on being elected Chair of the
North Carolina Association of Black County Officials.
Commissioner Jacobs suggested that the Board consider talking to Preservation North
Carolina, which has offered twice to try and sell 129 E. King Street for the County.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to direct the manager to speak to Preservation North Carolina and come back with a proposal
VOTE: UNANIMOUS
Commissioner Gordon reported on the Triangle Transit Meeting. The main focus was
on trying to get the contracts in place for taking over the Durham public transit system.
Commissioner Gordon said that there was a meeting of the Chatham Orange Work
Group and she found this forum helpful to find out what is going on in Chatham County. There
was discussion of the transit plan for Chatham County and a concept plan for a new
development on 15-501 across from Southern Village in Chapel Hill.
Commissioner Gordon said that she attended the solar array dedication at Maple View
Farms.
Commissioner Nelson—none
Chair Foushee—none
13. Information Items
• August 17, 2010 BOCC Meeting Follow-up Actions List
14. Closed Session-NONE
15. Adjournment
A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
to adjourn the meeting at 8:21 PM .
VOTE: UNANIMOUS
Valerie Foushee, Chair
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Donna S. Baker, CMC
Clerk to the Board