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HomeMy WebLinkAboutMinutes 09-21-2010 APPROVED 11/4/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 21, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 21, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) 1. Additions or Changes to the Agenda Yellow sheet— additional information for item 7-b — Link Government Services Center Phase 2 Cost Estimate Lavender sheet— additional information for item 7-a — Future Provision of Dental Clinical Services White sheet— related to something that will be presented by a citizen later in the meeting Green sheet— list of Orange County Arts Grants Recipients (item 3-a) A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the addition of two closed sessions: "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." And "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property" NCGS 143-318.11 (a) (5). VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Marc Marcoplos said that today in Afghanistan nine U. S. soldiers died when a helicopter went down, making 2010 the deadliest year for American involvement in Afghanistan. He said that it was recently concluded by a think tank allied with U. S. Government Military Intelligent Forces, that there is no battlefield solution to terrorism. He said that Orange County has pressing local needs. Meanwhile, about $2,600 per County citizen leaves Orange County annually for the national military budget. This is about $351 million. The current annual budget is about $178 million. He said that if just 10% of the military contribution was retained at home for local needs, it would make a big difference. He read a resolution: A Resolution of Orange County, North Carolina to end the expenditure of the citizens' tax dollars for excessive and unaffordable warfare funding by the U. S. Congress WHEREAS: 1. The financial resources available for use by governments at the local, county, state, and federal levels in the United States are and must be limited; and 2. An inordinate level of military expenditure is being made by the U. S. federal government for warfare in Afghanistan; and 3. The people of Orange County, N. C. are collectively paying or becoming indebted for approximately 351 million dollars per year of their limited financial resources for such warfare which supplies no identified public benefits; and 4. This warfare creates great and unnecessary harm to the people of the nation of Afghanistan and to U. S. military personnel and their families; and 5. Education services, infrastructure repairs, other essential public services, and family and private-sector financing in Orange County and throughout the State of North Carolina have been substantially reduced in order for an excessive portion of available financial resources to be diverted from the constructive economy to unnecessary warfare; Now, therefore, be it resolved that Orange County, North Carolina commands North Carolina's member of the U. S. House of Representatives from the Fourth Congressional District and its Senate representatives to oppose all legislation brought before the U. S. Congress that provides further funding of the U. S. warfare and U. S. military occupation Afghanistan. Orange County, North Carolina also demands that these members of Congress take strong and forceful action to influence the full Congress to terminate funding of these military operations. Commissioner Pelissier said that the County Commissioners need to clarify to the public that when they submit a resolution that it is referred to staff to come back to the Board. The Board asked that this matter be referred to staff for a recommendation. 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. Orange County Arts Grant Recipients The Board presented checks to local artists and nonprofit organizations receiving Orange County Arts Grants. Leah Rade, the newly appointed Chair of the Arts Commission, thanked the Board for its ongoing support. Martha Shannon, staff support for the Arts Commission, said that the Arts Commission received 23 grant requests totaling $41,025 in the most recent grant cycle. The Arts Commission awarded a total of $32,175 for arts projects proposed by eight non-profit organizations, eight schools, and one individual artist. With the exception of the individual artist, all of the awards were paid for with County funds. She thanked the Board for its support. Grant Recipient: Attendee: ArtsCenter- Jeri Lynn Schulke Cameron Park Elementary School - Laura Casey Chapel Hill Carrboro Children's Museum (dba Kidzu Children's Museum) — Melanie Hatz Levinson Central Elementary School - Nancy Williams Deep Dish Theater Company NOT AVAILABLE TONIGHT Estes Hills Elementary School PTA - Mary Sipple Family Violence Prevention Center of Orange County - Beverly Kennedy Footnotes Tap Ensemble - Erin O'Reilly &Alexis Dunkle Gravelly Hill Middle School - Clark Norman Hillsborough Arts Council - Tinka Jordy Hillsborough Elementary School - Keri Frank & Cathleen Turner McDougle Elementary School PTA - Michele Melet Music Maker Relief Foundation - Mark Borkowski North Carolina Arts in Action - Lisa Van Deman Orange Charter School - Mark Borkowski A.L. Stanback Middle School - Elen Wilkinson Shelly Hehenberger- Shelly Hehenberger 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from June 8 and August 17 and 23 as submitted by the Clerk to the Board. b. Appointments (1) Animal Services Advisory Board — Reappointment The Board reappointed Dr. Kris Bergstrand to a second full term expiring June 30, 2013. (2) Historic Preservation Commission — Reappointment The Board reappointed Steve Rankin to a first full term expiring March 31, 2013. (3) Orange County Parks and Recreation Council — Reappointments The Board reappointed Keith Bagby, Denise Dickinson, and Chuck Hobgood to second full terms ending March 31, 2013. c. Jail Inspection Report The Board received the jail inspection report for July 21, 2010 from the North Carolina Department of Health and Human Services. d. Fiscal Year 2010-11 Budget Amendment #2 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2010-11 for Department on Aging, Conservation Easements Capital Project Ordinance, Orange County Schools Capital Projects, Planning Department, Animal Services, Sheriff Department, and Health Department. e. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 29 requests for motor vehicle property tax releases or refunds in accordance with the NCGS. f. Domestic Violence Awareness Month Proclamation The Board approved proclaiming the month of October as Domestic Violence Awareness Month and authorized the Chair to sign the proclamation. Resolution — Clarification of Federal Jurisdiction Under Clean Water Act This item was removed and placed at the end of the Consent Agenda for separate consideration. h. Amendment to Orange County Personnel Ordinance Article I, Section 9.0 Personnel Records The Board approved the proposed Personnel Ordinance amendment to Article 1, Section 9.0 Personnel Records effective October 1, 2010; created Article X in the Orange County Personnel Ordinance; and approved moving Article I, Section 9.0 to Article X and entitling the Article "Personnel Records." i. Petition for Abandonment of Right-of-Way of Secondary Road 1991 (Lacock Road) from the State Maintenance Program The Board approved a petition for abandonment of Secondary Road 1991 in Chapel Hill Township from the State-maintained Secondary Road System. L Supplemental Agreement for Congestion Mitigation and Air Quality Project C- 4932 The Board approved a Supplemental Agreement with the North Carolina Department of Transportation for TIP Project C-4932 A and C-4932 B and authorized the Manager to sign the agreement; and directed staff to work with the Town of Hillsborough to develop a Memorandum of Agreement reflecting the Town's action to provide the local match for transit operations for Federal Fiscal Years 2012 and 2013. k. 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. 5. Items Removed From Consent Agenda Resolution — Clarification of Federal Jurisdiction Under Clean Water Act The Board considered a resolution asking Congress to re-establish the Clean Water Act jurisdiction to the full scope of waters protected and resolve Clean Water Act jurisdiction issues. Commissioner Yuhasz said that this basically says that the Federal Clean Water Act and the agencies enforcing it do not have jurisdiction over every ditch and depression that may hold water after a rain. He agrees with that and that it is excessive regulation. For that reason, he thinks that this is not a wise resolution and he would like to vote against it. A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to approve the resolution, which is incorporated by reference, and direct the Clerk to the Board to send copies to North Carolina's federal delegation and the Conservation Leaders Network. VOTE: Ayes, 6; No, 1 (Commissioner Yuhasz) 6. Public Hearings a. Orange Co. Community Development (CDBG) Program — NC Economic Recovery Program Application for$500,000 The Board considered authorizing the submission of an application to the N.C. Department of Commerce for Small Cities Community Development Block Grant Program funds from the NC CDBG Economic Recovery Program in the amount of $500,000 and authorizing the Chair to sign. Shoshannah Sayers from the Housing, Human Rights, and Community Development Department introduced this item. The County applied for these funds in June, 2009. The funds were to be used for housing rehabilitation, replacement housing, and emergency repair activities. Last year's application was unsuccessful, but the Department of Commerce has invited Orange County to apply again for this year's funding. The $500,000, if awarded will be allocated as follows: Housing Rehabilitation $359,000 Urgent Repair $100,000 Clearance/Relocation $ 16,000 Program Administration $ 25,000 The funds will serve approximately 20 homeowners with housing repair needs. No public comment. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to authorize the submission of an application to the N.C. Department of Commerce for Small Cities Community Development Block Grant Program funds from the NC CDBG Economic Recovery Program in the amount of $500,000 and authorize the Chair to sign. VOTE: UNANIMOUS 7. Regular Agenda a. Future Provision of Dental Clinical Services The Board considered the provision of dental clinical services in the future. Health Director Rosemary Summers said that the lease at Carr Mill Mall is set to expire June 30, 2011 and the Board needs to move forward with a decision on the dual model versus a single model for the near future. The Board of Health studied this issue over several months and several meetings. There are lots of data that staff put together to consider. The recommendations came to the Board in a memorandum in April. Staff is asking for the Board's decision on the Board of Health recommendation. The supplemental information requested by Commissioner Gordon is on the lavender sheet. Dr. Summers pointed out one item that she neglected to include from Pam Jones, and that is the construction of new buildings. She read this response: The question was, "What are the estimated costs to construct two full-time dental clinics to be open no later than July 1, 2021? Please give the cost for the northern Orange site and for the southern Orange site with a brief explanation of the costs for land acquisition, if any, and for construction design and other costs." Ms. Jones said: "At this time the costs are likely to be unreliable and inaccurate by 2021. Both land and construction costs are somewhat depressed at this time, but are likely to rise over the course of 10 years. Presumably, the southern Orange facility would be located on owned property at Southern Human Services Center, thereby minimizing land costs. Northern Orange site would depend on the exact location and amenities already available for the site, such as water, sewer, and roads. You may recall property with water, sewer, and access roads in the Waterstone development was priced at $125,000 per acre several years ago when we sited Durham Tech's Orange campus." Commissioner Pelissier asked how many individuals using the dental clinic also use Social Services. Rosemary Summers said that she does not have the data in that format. She said that all of the Medicaid clients have at some point passed through Social Services. Commissioner Nelson asked if there has been any analysis about the options affecting the actual people receiving services. Rosemary Summers said that transportation is the number one problem if the services were moved to Hillsborough. She has not done any actual analysis of clients. When looking at the map of the points where people receive services, there are people from all over the County receiving services in Hillsborough and this is not as true when looking at the Chapel Hill-Carrboro map. People are more hesitant to travel to the southern end of the County than to the northern end. Commissioner Yuhasz said that the Board of Health (BOH) had lengthy discussions about this issue and it came to its final conclusion after careful consideration and looking at the financial restraints. He said that it came to this conclusion that a single clinic located in Hillsborough that would be open five days and would serve the entire County would be the most effective way to provide dental service to the County at this time and probably over the next ten-year period. The BOH reluctantly came to this decision, recognizing all of the difficulties that it might present. Commissioner Jacobs asked if the dental clinic would expand in the current space at Whitted or look for other space within the same building. Rosemary Summers said that the preliminary plan would be to put all of the dental services where they are now and move clinical services elsewhere to give the dental clinic the extra space. Commissioner Hemminger asked about the differences between options 2 and 3. Rosemary Summers said that option 2 is additional staff and would maximize all eight dental chairs. For this next year, with the transition, they want to make sure that they are at a maximum level at the new space. The second phase would be to add staff the following fiscal year. Chair Foushee asked if staff has determined how clients would access vouchers procedurally. She is concerned about the people who would have to make this transition and whether this would add an extra step to getting the help they need. Rosemary Summers said that if this can be done early enough, the vouchers could be offered at the last visit for the visit coming up so that it would be easier. Another thought is to give the bus driver some vouchers, and if the person can show an appointment slip, then they would get a bus voucher from the driver. Commissioner Pelissier asked if the BOH has looked at the long-term implications of the increase in dental services and if there is some plan to do that in the near future. Rosemary Summers said that the Board of Health will be having a presentation on health care reform tomorrow night and the effect on public health. This will be an agenda topic at the joint meeting with the BOCC next month. Commissioner Pelissier asked how often the 420 bus runs and Frank Clifton said that it runs about eight times a day and there may be another bus. There are conversations with the Town of Chapel Hill about transit at this time. Commissioner Gordon said that the 420 bus starts at UNC Hospitals and ends up in Hillsborough. She said that the bus would not drop people off at Whitted, so clients would have to take another bus in Hillsborough, if one is made available, or walk. Commissioner Gordon noted that, according to the information provided to us, the dental clinic is open two days a week at Carr Mill Mall and serves about 40% of the patients, while the clinic in Hillsborough is open an average of three days a week and serves about 60% of the patients. We have also been told that the clinics are fully booked. In that case, she wondered if it was really possible to distinguish the demand in the two clinics. Discussion ensued about the conclusion of having one facility in Hillsborough. Commissioner Jacobs made reference to page five of the abstract under Additional Expense and "provide transportation or vouchers for 2,000 visits per year." He said that this is presumably multiple visits from the same people. Rosemary Summers said that statistics show that regular clients average two visits a year. Commissioner Jacobs asked if the Health Department sends reminders. Rosemary Summers said that right now the reminders are on postcards. Commissioner Jacobs suggested sending vouchers along with reminders. He said that the more proactive they can be the better with regards to public transportation. Commissioner Jacobs made reference to having this in the CIP for 2021 and said that the County just went from a ten-year CIP to a five-year CIP. He asked if it would take five years at the end of the five-year CIP to fund and construct this facility. Rosemary Summers said that the BOH wanted to make clear that the preferred option was two full-time clinics at two locations, realizing that there was no money now to do this. They wanted to put in a marker somewhere for the County Commissioners to consider future capital. Commissioner Nelson said that he is not clear about what analysis has been done on the clients actually using the dental clinic. He said that many of the clients have to use the bus and are minimal wage earners. These clients would have to walk to a bus stop, wait for the bus, take the bus, and then walk another 15 minutes to the facility, and then wait for the appointment. He said that this would require a whole day off just to attend a dental clinic. He understands that the current process is not working, but this seems to be shifting the cost burden from the service provider to the people receiving the service. Rosemary Summers said that this is not the ideal solution and the BOH knows that, but what they are doing now is not efficient for either staff or patients. Commissioner Gordon said that the only alternative recommended here for people in the southern part of the County would be to take the bus to Hillsborough. She said that there are other options here, but they are not being recommended and she asked why these were not considered. It seems like we are leaving patients in Chapel Hill and Carrboro on their own. Rosemary Summers said that those options were not recommended because the two primary safety net providers — Piedmont Health Services and UNC Dental School — do not have the capacity to take care of these additional patients. Also, these providers would only provide services if they were fully reimbursed. She said that the options are still available, but the question is whether the County wants to pay for the provision of the services in addition to keeping dental services. Frank Clifton said that there is a Para-transit system, and people who are Medicaid qualified are qualified to use that system on a call-in scheduled basis. This would be a supplement to the 420 bus. Regarding the identification of other dentists, he said that those dentists are listed with the State as accepting Medicaid patients. It is probably on the basis of availability of services and a lot of them are not accepting new patients. Commissioner Jacobs said he thought the Carr Mill Clinic might have been open in the evening. He asked if it was conceivable for the clinic to be open on one evening a week or on a Saturday morning. Rosemary Summers said that this is possible, but they came to this final arrangement after several years of juggling schedules to find ones that actually seem to work for both staff and clients. She said that a student group did offer a free clinic in the evening, utilizing the Carr Mill location. Chair Foushee said that the County Commissioners did receive emails from Carrboro Alderman Dan Coleman and Chapel Hill Town Councilmember Lauren Easthom (expressing opposition to the closure of the dental clinic in Carr Mill Mall). PUBLIC COMMENT: Tinka Jordy asked the Board to allow some time for a financial proposal from the Hillsborough cultural community in regards to using the auditorium of the Whitted building for a cultural performance center. She said that this area of the County is in dire need of a cultural performance center. Mark Kleinschmidt said that he is here as a citizen and not the Mayor of Chapel Hill. He said that he is concerned about the plans to consolidate these dental services because it seems that there will be no service to residents in southern Orange County if this clinic is moved to Hillsborough. He said that taking advantage of community services is a burden for many of these residents. He said that the scatter maps and analysis done by staff is misleading. He said that his colleague, Laura Easthom, a dentist, sent an email to the County Commissioners. He said that it is her experience that the points that he is making hold true for the population that she serves. The alternatives to going to Hillsborough are inadequate to meet the needs of those who will not go to Hillsborough. He said that at the end of the day dental care is health care and failure to keep up with dental care can lead to more significant health problems. This leads to higher numbers of people going to the ER for dental related problems. He said that the County should allow dual services and try to find another location if it is not happy with Carr Mill Mall. Chris Harlan is the Vice-Chair of the BOH. She said that this is a horrible decision that the BOH had to make, but they have had to make tough financial choices due to the economy. She said that there are never enough dental services. There is a choice between fiscal responsibility and making sure that they serve people who need it. She said that they cannot balance the budget on the backs of the staff. Staff must be adequately supported to provide these services. With the dual system, it is running the staff ragged. Commissioner Yuhasz said that this is not a reduction in the amount of dental services, but will increase the number of patients they see and the quality of those services. He said that this is only changing the location and hopefully this will be a short-term option until the Health Department and the County can financially provide these services again in both ends of the County. Chair Foushee said that she does respect the work of the BOH and Commissioner Yuhasz's comments, but she finds it difficult to believe that those who would be most negatively impacted by these service changes would be the ones who will not access those services. She does not think that there is more that the County can do at the current time. She hopes that the ability to provide these services at both ends of the County will come before 2021. She is finding it very difficult to support the recommended option. Commissioner Nelson said that he does feel for the staff of the Health Department and the BOH, and the County as a whole has made many budget cuts, but he feels they are cutting past the bone. He said that he does not feel that this is a done deal yet and he thinks that there is an alternative solution. He does not disagree with the BOH or Commissioner Yuhasz—they make a rational case. However, this flies against the County's philosophical values and he would prefer to work on this longer to find an alternative solution. Commissioner Pelissier said that she is struggling with this also. She said that there is still information missing for her and that is how many residents would be affected by moving this clinic to Hillsborough. She said that if both sites were staffed fully, it would double the number of clients, but it would cost $230,000 additionally. To get there, it would take many years. This is a huge struggle. Commissioner Gordon said that she agrees with others that there will be a negative impact and she does not really know the full impact on the people in Chapel Hill and Carrboro. She would also like to know how these people would be able to find services elsewhere. She wants more information on exactly how this would impact the southern end of the County. Commissioner Jacobs said that he is not averse to increasing the Board members' comfort level. He suggested that staff come back at the very next regular meeting with a list of the parameters of inquiry. He has no interest in leasing a $65,000 a year space in Carr Mill Mall after June 2011. He said that he has become sick of hearing the expression the "new normal," and he does not think the Board has come to terms with the "new normal." He said that the County Commissioners are being asked to choose between things that they have always supported and valued because the County does not have the resources. He would like to work through this enough so that other people feel like their questions are answered. He would be glad to get more information on things like staggered hours, reaching out more to customers, and asking customers if they would come to Hillsborough. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to defer consideration of this item to the October 5, 2010 meeting and direct staff to address the concerns and questions raised by the Board in relation to this change in service and whether it will be adequate. Chair Foushee said that she does not know what staff will bring back in a month because they cannot bring back any money. She said that Carr Mill Mall does not work so the staff should not be asked to find another location. She does not think it is fair to ask the staff to bring back this information within two weeks to a month's time. Commissioner Hemminger said that she does not like this decision either, but staff is not going to be able to find more money for this right now. She thinks that if it is put in one location, then more individuals will be served in the County. She does not like it, but it works better for more people. She said that she will vote against extending this for two more weeks. Commissioner Nelson said that his preference is to look for another location in Orange County and that means the Board of County Commissioners will need to find more money. He said that getting more information is not going to alleviate his concerns. Commissioner Yuhasz asked Rosemary Summers about the possibilities of finding a location in the southern part of the County. Rosemary Summers said that even if they find an alternate location, they would still be providing services part-time in both locations. There would still be considerable up-fit costs in terms of adding plumbing to every dental room. In the Whitted facility, there is already water in every room because they are exam rooms. Frank Clifton said that this coming budget year is going to be more difficult than last year and many departments are trying to provide the same amount of services with less money. Regarding the information that the Board is requesting, he said that they have no idea how many people take the bus now to Carr Mill Mall and he does not know how to determine this. In the end, the decision will not change. VOTE: Aye, 1 (Commissioner Gordon); Nays, 6 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve the Manager's recommendation, which is to exercise Option 2 to close the dental clinic at Carr Mill Mall and consolidate services in Hillsborough as recommended by the Board of Health with a start date no later than July 1, 2011 for consolidation of services. Commissioner Jacobs made a friendly amendment to ask staff to consider a staggered hour model and detail a more robust voucher system and state affirmatively that it is the intent to restore a second site prior to 2021. Commissioner Yuhasz accepted the amendment. VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Nelson) Frank Clifton said that staff will continue to explore options for a second site and partnerships. Commissioner Pelissier said that for the long-term that the County should attempt to get all of the human services in one place for both areas of the County (DSS, dental, health, etc.). Commissioner Gordon said that this should be balanced so that we do not have an area of the County that is not being served. She noted that we have already consolidated most of social services in Hillsborough to the DSS building at the Hillsborough Commons, and now we are consolidating dental services in Hillsborough. Chair Foushee agreed. b. Link Government Services Center Phase 2 Cost Estimate The Board considered estimated project costs as discussed on June 10, 2010; and authorizing staff to proceed with formal Construction document preparation and bidding of the project. Asset Management and Purchasing Services Director Pam Jones said that the Board of County Commissioners last looked at this on June 10, 2010 and asked for cost estimates. She said that this project is Phase 2 of the Link Government Services Center. This includes the renovation for a Board of County Commissioners' meeting room, ADA up-fitting, and HVAC replacement with a geothermal system. There is a grant for$177,000 for this geothermal system. She introduced Ken Redfoot from Corley Redfoot Zack Architects. Ken Redfoot made a PowerPoint presentation with pictures of the floor plan. He said that the cost estimate includes the operable wall, but it includes it as an alternate. The fixed seating is also an alternate cost and is not in the overall budget at this point. There is also a $150,000 lump sum that would be included for the AV and audio system. Commissioner Jacobs asked about the range of costs for the alternates and Ken Redfoot said that the operable wall is about $23,000 and the fixed seats are $26,000. Commissioner Jacobs asked about the work session area and if this area would accommodate joint meetings with the school boards, AOG, etc. Pam Jones said yes. PUBLIC COMMENT: Earl McKee said that the previous item on the dental clinic is a need for the citizens of Orange County and this item is a want. He said that the initial plan presentation was on May 11, 2010. He said that this is a flawed plan located in the wrong place and presented at the wrong time due to the continued financial shortfalls. He said that the cost seems to increase with every review. He asked that the County Commissioners table this item until the economic situation improves. He said that this Board and previous Boards have managed to work quite well using the current facilities. Steve Graf thanked the Board of County Commissioners for all of their hard work. He spoke on behalf of Orange County Voice. He said that the citizens are out of money and the County does not have enough money set aside for the inevitable rainy day. He said that in 2010 the taxes did not go up, but fees did. He said that services are being cut at the same time that fees are being increased. This is at the same time that new facilities are being opened with the library, the Gateway Center, and Hillsborough Commons. He said that this sends a message to the public and is creating a crisis in confidence. He asked that the County Commissioners spend money on essential public services until the economy rebounds. He asked the County Commissioners to vote against the Link Center improvements. He asked if this proposal had enough exits as per the fire code. Chair Foushee said that any plan that has been brought forward has gone through the necessary permitting processes. Stan Cheron spoke on behalf of Orange County Voice. He said that they are in opposition of moving forward with the Link Government Services Center renovations. He said that this is not the right time and it may not be the right place. He said that Hillsborough Commons was more than adequate for now when the money is tight. Commissioner Jacobs said that there is an ECEG grant of $178,000. He asked about the lifespan of that grant. Jeff Thompson said that the grant expires December 31, 2011. Commissioner Jacobs said that they have had conversations in the past about allowing the Town of Hillsborough and the Orange County Schools to use this space and getting compensation for that. He asked if this has advanced at all. Frank Clifton said that the specifics have not been worked out yet. Commissioner Jacobs said that the County Commissioners have discussed before that the Town, when it made a deal with the County about Fairview, specifically decided not to cut the truer hardwoods to create a meeting space there in exchange for the opportunity to share meeting space with the County in downtown Hillsborough. He thought that this commitment was made, but it may not be in writing. He knows that the County Manager's predecessor did have at least one conversation with the Manager of Hillsborough about how this would be worked out so that there would be some fair compensation for using the facility. Frank Clifton said that he could have those conversations more formally, if the Board wanted. Commissioner Jacobs asked about the funds that are committed. Pam Jones said that the grant is a new source of funds and the rest has been included in the CIP. The HVAC has been a longstanding line item for all buildings. The same is true for ADA and building access. It has all been in the CIP for a number of years. Commissioner Pelissier asked about the geothermal system and Pam Jones said that the system would pay for itself within five years. It would have an impact on operating costs. Commissioner Hemminger asked questions about the costs and other issues with using the DSS site. Donna Baker said that there are still problems with the recordings at this site. Most of the problems are related to the GRANICUS web streaming. Commissioner Hemminger said that the project looks really good, but now is not the time because of the economic situation. Commissioner Gordon said that she has similar concerns, specifically cost. She said that the County cannot afford this right now. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to table this item. Commissioner Jacobs said that he would support the motion if they pursue the feasibility of keeping grant funds for the geothermal system. There is ADA compliance money here, and the County has been grossly remiss in not mediating this sooner. If money is available, then this should be done now. Commissioner Nelson said that the plan is great and his second to the motion is just that the timing is bad. This should be held in abeyance until at least the next budget cycle. Commissioner Yuhasz said that this board has been a vagabond for so many years and he regrets this. He encouraged the Board of County Commissioners and the staff to keep this in the forefront because it is important that the Board of County Commissioners has a home in the County seat. VOTE: UNANIMOUS c. Amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)1 Employer's Contribution — Reinstatement of Contribution The Board considered approving an amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)] Employer's Contribution to reinstate the County's contribution effective January 1, 2011. Human Resources Director Michael McGinnis presented this item. This contribution is $27.50 per pay period and $715 per year for general employees. The sworn officers continue to receive 5% of salary. Originally, the contribution was supposed to be taken away until June 30, 2011, but there have been additional cost-saving measures to allow the reinstatement of this contribution. The cost for reinstating this effective January 1, 2011 would be $270,000 for the remainder of the year and $543,000 annually. Commissioner Hemminger asked if staff had done a comparison of what other counties and municipalities are doing in terms of the 401(k). Michael McGinnis said that Orange County has lagged behind in this area compared to others. Commissioner Gordon said that the employees have been hard-working in this financial situation and she thinks it would be good to do this for the staff and restore this benefit. Chair Foushee said that employees have gone without a salary increase for two years. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve an amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)] Employer's Contribution to reinstate the County's contribution effective January 1, 2011. Commissioner Jacobs said that he is going to vote against this because the 401(k) compared to other counties is totally out of context compared to the wealth of benefits that Orange County provides compared to most counties. When the County Commissioners have surveyed staff, this was not the highest priority. The highest priority is the health insurance and the Manager has recommended merit pay increases. Orange County is not anywhere near the budget, so he finds it flabbergasting that they would be talking about committing money this early in the year. There is some indication that health insurance would cost some employees more this year. If that is the case, then this will not make a difference. He said that his vote has no reflection on his respect for employees, but he does not want to preclude options that may be more valuable to them. Commissioner Hemminger asked how much employees were allowed to contribute to their 401(k) and Michael McGinnis said that it is $16,500 per year for those under 55. Frank Clifton said that this was something that was taken away and he was trying to find a way to recognize employees. This is one thing he thought the County could afford. Chair Foushee said that it bears repeating that there are employees who are getting 401(k) — sworn officers - as opposed to some employees who are not. She said that the County should do everything possible for its employees. She said that she has heard employees say, particularly after the budget session, that they could not understand how the County could take the 401(k) away. Commissioner Pelissier said that it is important for the County to show its commitment to the long-term financial stability of its citizens. VOTE: Ayes, 6; No, 1 (Commissioner Jacobs) Commissioner Jacobs said that if the County Commissioners had this concern for employees when they allocated the $500,000 from fund balance last June, they would have at least discussed employee benefits, but they did not. When there are employee matters on the agenda, they are put toward the end. He is not at all opposed to supporting the employees, in the context of the budget. 8. Reports a. Update on Property Information Management System (PIMS) The Board received an update on the current status of the Property Information Management System implementation. Director of Tax Administration Jo Roberson gave this update. The "go live" date for this system is set for October 41h. She gave some background on this project. It actually began in 2005 and there has been a lot of work. This system is replacing a 30-year old Legacy system. 9. County Manager's Report Frank Clifton updated the Board of County Commissioners on the efforts regarding the 1%-cent sales tax referendum education. The County has employed the services of a firm to help design the logos to be used in the ads and to help coordinate media interaction. There will be a handout that can be distributed through many resources. Assistant County Manager Gwen Harvey said that there were three strategy sessions as a part of the internal team, which included department heads and other key staff. The Jennings firm has been helping with this education message. Frank Clifton said that staff will draft a resolution if the Board of County Commissioners wants to take a position on the referendum. Commissioner Gordon asked if the towns were thinking about making a statement of support and Frank Clifton said that the County Commissioners could talk with the elected officials about this. Gwen Harvey said that staff is preparing a resolution for the County Commissioners' consideration supporting this measure and encouraging the voters to support this measure. 10. County Attorney's Report 11. Appointments a. Animal Services Advisory Board — New Appointment The Board considered making a new appointment to the Orange County Animal Services Advisory Board. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Sue Millager to a partial term expiring June 30, 2012. VOTE: UNANIMOUS b. Commission for the Environment— New Appointments The Board considered making new appointments to the commission for the Environment. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint: Position Number Representation Expiration Date 1 May Becker Partial Term 12/31/2011 3 Clay Hudson Land Resources-Partial Term 12/31/2011 7 Lynette Batt Partial Term 12/31/2010 10 Peter Cada Partial Term 12/31/2011 11 David Welch Partial Term 12/31/2011 12 Michael Hughes Engineering-Full Term 12/31/2012 13 David Neal Full Term 12/31/2012 VOTE: UNANIMOUS c. Board of Health — New Appointment The Board considered making a new appointment to the Board of Health. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to appoint Dr. Susan Elmore to a partial term ending June 30, 2011. VOTE: UNANIMOUS d. Orange County Parks and Recreation Council — New Appointments The Board considered making new appointments to the Orange County Parks and Recreation Council. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to appoint Kyle Kaplan to a partial term ending March 31, 2011 and James Carter to a first full term ending December 31, 2012. VOTE: UNANIMOUS e. Orange County Planning Board — New Appointments The Board considered making new appointments to the Orange county Planning Board. Commissioner Pelissier said that she would like to defer making appointments to the Planning Board. She thinks that some of the issues have not been addressed with this advisory board. The Board has discussed having some improvements to the selection process. There are 30 people in the applicant list for the Planning Board and only three of these applied in 2010. This raises questions about the process of recruiting. A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to defer this appointment. Commissioner Jacobs asked the Clerk to advertise for this in the Northern Orange Xtra because there was only one applicant from Cedar Grove. The Clerk will also try and recruit someone from Cheeks Township. Commissioner Gordon suggested that this come back to one of the November meetings. These comments were added to the motion. Commissioner Yuhasz said that he would like to develop a list of criteria or list of questions to ask applicants. VOTE: UNANIMOUS 12. Board Comments Commissioner Nelson — none Commissioner Gordon gave a report on the DCHC Transportation Advisory Committee (TAC). She said they are still working on the Triangle Regional Transit Program, and she gave a summary of the TAC discussion. Also, the State Transportation Improvement Program has (STIP) been released, which means that the Metropolitan Planning Organization will be working on the Metropolitan Transportation Improvement Program (MTIP). She thinks that the County Commissioners should follow this closely and be prepared to submit their comments. She said that the Durham-Chapel Hill-Orange Work Group also met and a lot of the discussion revolved around parking structure that is being proposed as part of the NC 54 Corridor Study near the intersection of NC 54/1-40. This is also the corridor where the light rail is supposed to go, so it is a very important area and there is not unanimity of opinion about the parking lots. Commissioner Pelissier encouraged all of the County Commissioners to participate in Project Homeless Connect Orange County on November 41h. She serves on the Partnership to End Homelessness and last year she volunteered for this event. Commissioner Hemminger— none Commissioner Yuhasz said that there was an item on the consent agenda about allocation of payment-in-lieu funds. He said that when he came on the Board he had questions about how the County can spend money on open space out of that fund and the answer was that there would have to be access to the open space. He would like to have some idea of how and when the County is going to provide public access to the open space that payment-in-lieu money has contributed to. Commissioner Jacobs said that there is a proposal to build a 2,000-vehicle parking deck that would be partly intended to serve the Friday Center. Some of the Durham representatives were flabbergasted at the thought of putting that in what is essentially a rural spot at the moment. These representatives wanted more study of that option. Commissioner Jacobs made some information requests. He would like to have more information about the attendance at the West Ten soccer complex. Also, the opening of Fairview Park has been delayed and he does not know if the residents have been notified of this. He wants to make sure that there is communication. Also, he had asked at the first meeting after the summer break for information about the extension of Sage Road and the 1-85 widening that DOT had suggested for only four miles in Orange County and the rationale for that. He would like to be able to answer questions from citizens about this. At the library and the Planning building, Commissioner Jacobs said that there are no garbage cans outside on the street and people are throwing things on the ground. He said that he wound up having lunch with Congressman David Price and he brought up Rogers Road again. Congressman Price said that he would ask his staff for funding streams for sewage treatment in this area. Commissioner Jacobs reminded everyone that the Hillsborough Arts Council took over the Cool Jazz Festival that the County de-funded, and it will take place this Saturday from 12-6 at Moorefields. Chair Foushee made reference to the Orange County campus of Durham Technical Community College and said that the enrollment for the fall session is up 30% over last fall. The current enrollment is 574 students. Out of that, 52% are out-of-county residents. 13. Information Items • September 2, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to go into closed session at 9:53 PM for the purpose of: "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." And "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property" NCGS 143-318.11 (a) (5) VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to reconvene into regular session at 10:30 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board