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HomeMy WebLinkAboutMinutes 10-05-2010 APPROVED 11/16/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 5, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 5, 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 - White sheet from Commissioner Gordon regarding item 3-b—Resolution Supporting the November 2, 2010 Quarter Cent Sales Tax - Lavender sheet was revised version of item 4-k—Approval of the Preliminary Steps Necessary to Seek Qualified School Construction Bond Financing for the Chapel Hill-Carrboro City Schools and Orange County Schools - White sheet in reference to item 7-c—Orange County Water and Sewer District Concept - Two items, which were prepared comments from citizens The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda John Delconte read a letter: "I am here representing the Orange County Cultural Center(OCCC), a group that has come before you on three occasions within the last few years to request an exploration of available County space suitable for an arts center. This idea was expressed to you most recently by Tinka Jordy last month. We have learned of the possibility of the vacancy of the main floor of the Whitted Building and would like to formally request meeting with County staff to discuss what fair rental and operating costs would be for the use of that space. Last night, the Hillsborough Tourism Board expressed their support for the facility by pledging a$10,000 challenge grant to the OCCC, specifically for pursuing action on the Whitted Building space as a Cultural Center. This is a matching grant, with a deadline of 90 days for our board to raise matching funds. The Tourism Board wanted to express the Town's support for this space to the County Commissioners, and to encourage swift action by all involved. Thank you for your consideration on this matter, and I look forward to hearing from you regarding this issue." Commissioner Jacobs suggested referring this to staff and have this come back to the Board of County Commissioners. Captain Dinah Jeffries, Operations Manager for 9-1-1, said that she represents Orange County Emergency Services Department. She spoke about Breast Cancer Awareness Month for October. In 2009, staff members took on a project to celebrate the survivors of breast cancer and to celebrate and share the memories of those lost. The project was named The Pink Campaign. This campaign encourages early detection. The employees are wearing pink for the month of October—males and females alike. She presented the County Commissioners with a pink shirt and hat designed by staff members. All monies to pay for these shirts and hats were donated by several businesses. Chair Foushee said that the County Commissioners pledge their support to this campaign. Sara Shields read a prepared statement: "Good evening and thank you for an opportunity to reopen the question of paving Jimmy Ed Road. Winston Churchill said a pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. I'd like to think that we here tonight are the latter. Simply stated, these are my reasons for reconsidering paving Jimmy Ed Road in its' entirety. 1. Last year's decision was argued in favor of the paving of the entire road (an 8/10 mile dead end farm road) because as Mr. Nelson said 75%of the road frontage was owned by people who wanted it paved. This information was incorrect. The correct percentages are more along the order of 54% of road frontage is owned by those in favor of paving, and 46% by those opposed. I might also add that all of the opposition to paving comes from actual residents of JER. Those in favor are not residents. 2. The article you have been presented with from the Wall Street Journal calls into question the sustainability of paved roads as compared to gravel in the long term. With money scarce unnecessary paving seems inappropriate. 3. Mr. Edwards of the DOT was kind enough to give me the figures for the cost of the entire road being paved and also the cost of paving to the church's 2nd driveway. They are dramatically different numbers. It should be argued that paving a road to nowhere at this cost is wasteful to the extreme. 4. This brings me to the question for you to answer, how better could this$255,000 be spent. I propose a couple of suggestions that may benefit our entire neighborhood both in terms of safety and quality of life. First is a much needed traffic light at the intersection of Walnut Grove Church Road and NC 86. With the convenience center that is used by vast numbers county residents this intersection is clearly becoming a safety hazard. Secondly, with widespread use of Walnut Grove Church Road has become a terrible and dangerous thoroughfare for both bikers and the large numbers of people bringing trash in trucks and trailers to the convenience center, also on Saturdays when it is the most populated. Therefore, a widening of Walnut Grove Church Road or better yet, a bike slash pedestrian lane would serve a greater benefit to the community as a whole than the unnecessary paving of a dead end country farm road. 5. The neighbors who live on this road feel that paving it will make it less safe for our numerous walks with our children and animals. We all drive slowly on gravel, not so on pavement. We also feel the paving of an almost one-mile dead end country road invites racing, drinking, and other undesirable activities where all but one home has no view of the road and therefore finds it hard to keep an eye on these activities. 6. I would be remiss if I did not say that the paving of Jimmy Ed Road would hurt me directly by eliminating the trees that now shelter my home and property from the lights, and noise of the church ball field. Those trees are the only buffer we have from this activity. 7. Lastly, but hardly the least is the condemnation of the Parker family's land for reasons other than safety or connectivity. This in and of itself is an egregious use of the power of eminent domain and taxpayer monies. Let it be noted that Mr. Parker agreed to donate the right-of-way as a compromise if the road was only paved to the church's second driveway. As an optimist, I would hope that if any of you who voted in favor of the paving of Jimmy Ed Road, now feel that this is a subject worthy of review, I ask that you do so for any or all of the aforementioned reasons. I thank you for your time and consideration." 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. Alcoholic Beverage Control(ABC) Board—Introduction of New General Manager The Board will be introduced to the new ABC General Manager. Judythe Dingfelder, outgoing Chair of the ABC Board, introduced the new General Manager, Anthony Dubois. Mr. Dubois was selected by the ABC Board of Directors and he will start on Monday, October 11th. He has a tremendous amount of retail and human relations experience. Mr. Dubois made some introductory comments. b. Resolution Supporting the November 2,2010 Quarter Cent Sales Tax Referendum The Board considered a proposed resolution supporting the November 2, 2010 quarter cent sales tax referendum and encouraging Orange County voters to utilize the referendum as an opportunity to broaden and diversify the County tax base. Frank Clifton said that the screen behind the Board of County Commissioners has the Orange County website that addresses the referendum. He said that there is a section of FAQ's on the website. The Board has authorized the referendum, but has not taken a position. This resolution indicates a position of support. He pointed out that those people that vote a straight ticket must go down to the end to vote for this referendum. Commissioner Gordon referred to the handout that she gave the Board and the 6th "Whereas". She suggested the following change: "Whereas, it is important for Orange County to meet public school needs in a way that reflects the community support for outstanding public education." A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the above language. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the proposed resolution supporting the November 2, 2010 quarter cent sales tax referendum, as amended, and to encourage Orange County voters to utilize the referendum as an opportunity to broaden and diversify the County tax base. ORANGE COUNTY BOARD OF COMMISSIONERS gi---- Formatted:Centered A Resolution Supporting_the November 2, 2010 One- arter nt les Tax_Referendum - Deleted:r and Fp7couraging Orange County Voters to Q/ilize the Referendum as an Opportunity to ; Deleted:concerning -oaden and Diversi the County Tjgx gase Deleted:q -V v\ Deleted:c ie,''\0 ` Deleted:s WHEREAS, Orange County is confronted with significant economic development, public `,�(Deleted:t education, human and social needs caused by demand and expectations for service ;,�''p��� Deleted:r ■excellence; and ���',o, i��i p��� Deleted:e Deleted:v 9 WHEREAS, it is necessary to provide Orange County taxpayers with responsible alternatives °;,o'` to reliance upon the property tax to help address these and other concerns for community o �Deleted:u improvement and investment; and Deleted:' Deleted:o WHEREAS, the levy of an Article 46 one-quarter cent County sales and use tax would provide ° (Deleted:b a new source of revenue and generate approximately$2,300,000 annually for the County; and o{Deleted:diversity Deleted:t WHEREAS, it is vital that Orange County establish a more robust environment for stimulating and sustaining existing business enterprises, new businesses, and jobs creation; and Deleted:b WHEREAS, it is important and intentional that the County partner aggressively with the Towns of Chapel Hill, Carrboro, Hillsborough and the Cities of Durham and Mebane to shape these shared interests into economic reality; and WHEREAS, it is important for Orange County to meet public school needs in a way that reflects the community support for outstanding public education; and WHEREAS, quality Library Services and Emergency Medical Services further reflect the values of a caring and secure community; and WHEREAS, the Board of Commissioners has established a 5-year commitment to allocate Article 46 one-quarter cent county sales and use tax proceeds as follows: 1. 42.5% will be allocated in an equitable manner between the County's two school systems dedicated for the purpose of facility improvement 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 the Board of County Commissioners. 2. 42.5% 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. 3. 15%will be allocated equally to improve Library and Emergency Medical Services over a five-year period;,and -{Deleted:. WHEREAS, if additional funding does not come from the one-quarter cent sales and use tax, I the property tax will remain the principal funding source available for public schools, economic ,- Deleted: 9 development initiatives, and library and emergency medical services; and WHEREAS, to distinguish and separate the revenues generated by the one-quarter cent sales and use tax, if approved by Orange County voters, a Special Revenue Fund will be I established to receive and account for the sales and use tax revenue, with the afunds jemaininc, ,-{Deleted:.These separate from the County's General Fund to allow more accurate tracking of revenues and Deleted:will expenditures in accordance with the initial five year allocation plan outlined within this resolution; and WHEREAS, the Orange County Board of Commissioners strongly asserts its aim to use the revenues from the Article 46 one-quarter cent sales and use tax, if approved by the voters, for the needs thus stated for a period of five years, with a scheduled implementation date of April I 1, 2011 Deleted:. NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners without reservation urges all Orange County voters to seize the opportunity presented on the November 2, 2010 ballot to vote FOR the local sales and use tax at the rate of one-quarter percent in addition to all other state and local sales and use taxes in Orange County. BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners sincerely calls upon the elected boards of the Towns of Chapel Hill, Carrboro, and Hillsborough and the Chapel Hill Carrboro City Schools and Orange County Schools Boards of Education to adopt similar resolutions urging jesident voters to also avail themselves of the opportunity to vote ,-- Deleted:its FOR the local sales and use tax,pn the November 2, 2010 general election ballot. __-{Deleted:at the general election This the 5th day of October, 2010, VOTE: UNANMOUS 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 August 19, September 2 and 16, 2010 as submitted by the Clerk to the Board. b. Appointments—None c. Proposed Change in Copy Fees for the Register of Deeds Office The Board approved the new copy fee of$0.15 per page for all copies provided by the Register of Deeds Office. d. Home Care and Hospice Month The Board approved a proclamation designating November 2010 as"Home Care and Hospice Month" in Orange County and authorized the Chair to sign. e. Amendments to the Water and Sewer Management, Planning, and Boundary Agreement The Board adopted the resolution amending the Water and Sewer management, Planning, and Boundary Agreement text and map. f. Services Agreement Amendment for Surface Water Quality Monitoring—Eno River The Board approved the services agreement amendment with Desper Geoscience Consulting & Education, LLC to add analysis for enterococci and authorized the Manager to sign the amendment. g_ Design Standards for Orange County Local Landmarks and Local Historic Districts, and Amendments to the Historic Preservation Commission Ordinance and Rules of Procedure The Board adopted the Design Standards for Orange County Local Landmarks and Local Historic Districts, and approve amendments to An Ordinance Creating the Historic Preservation Commission of Orange County and the Orange County Historic Preservation Commission Rules of Procedure. h. N.C. Forest Service Contract for FY 2010-11 This item was removed and placed at the end of the consent agenda for separate consideration. i. Second Reading: Amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement[401(k)] Employer's Contribution The Board amended the Orange County Personnel Ordinance Article IV, Section 9.4 as provided in Attachment 1, which reinstates the County contribution to employee 401(k) accounts effective January 1, 2011. L Change in BOCC Regular Meeting Schedule for 2010 The Board amended its regular meeting calendar for 2010 by adding a joint meeting between BOCC and Alamance county Commissioners to discuss the Orange/Alamance County line, on Monday, November 29, 2010 at 7:00 p.m. at the Mebane Arts Center, 633 Corregidor Road (off Third Street), in Mebane, N. C. (Orange County had offered to host this meeting but Alamance County suggested having this meeting in Mebane). k. Approval of the Preliminary Steps Necessary to Seek Qualified School Construction Bond Financing for the Chapel Hill—Carrboro City Schools and Orange County Schools This item was removed and placed at the end of the consent agenda for separate consideration. 5. Items Removed From Consent Agenda h. N.C. Forest Service Contract for FY 2010-11 The Board considered the annual agreement between Orange County and the North Carolina Department of Environment and Natural Recourses Division of Forest Resources for protection, development, reforestation, management and improvement of forestlands in Orange County, and authorizing the Chair to sign. Commissioner Jacobs said that the County Commissioners had an email in August from a neighborhood group about the way in which some of the logging was going on near their neighborhood. The group got a letter from the Director of the Division of Forest Service Resources. This is the Hannah Creek Homeowner's Association. He thought that this should be acknowledged that the Board heard the concerns and to point out that, despite having a very collaboratively oriented Forester, that at the higher levels of State government, the County is almost totally precluded from having any say in forestry practices. A representative from the Forest Service said that by law, when there is a controlled burn, they have to do notification. He said that he does understand the concerns of the Board of County Commissioners and that he is working with the landowner to replant trees there. He said that he has also offered to give presentations to Hannah Creek about forestry as an agricultural practice. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the annual agreement between Orange County and the N. C. Department of Environment and Natural Resources for FY 2010-11, authorizing the Chair to sign the agreement. VOTE: UNANIMOUS k. Approval of the Preliminary Steps Necessary to Seek Qualified School Construction Bond Financing for the Chapel Hill—Carrboro City Schools and Orange County Schools The Board considered approving the preliminary steps necessary to seek Qualified School Construction bond financing for various school construction projects for Chapel Hill— Carrboro City Schools and Orange County Schools. Commissioner Gordon said that she had asked questions of staff about the necessary steps for this. She said that she wanted to make clear that the Carrboro High Arts Wing project is behind us, and is already under construction, and the purple sheet has the amended list of projects. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve, as amended, the attached resolution, which: 1) Makes a preliminary determination to proceed with financing for the CHCCS and OCS construction projects; 2) Makes certain findings of fact to support the financing; 3) Authorizes the Finance Officer to proceed with an application to the LGC and seek financing proposals and other steps necessary to move forward with the financing; 4) Sets a public hearing for November 4, 2010; and 5) Provides for reimbursement of project expenditures from financing proceeds. VOTE: UNANIMOUS 6. Public Hearings a. Orange County Community Development Block Grant(CDBG) Program— FY 2010 Scattered Site Housing Rehabilitation Program-$400,000 The Board conducted a public hearing and considered authorizing the submission of an application to the N.C. Department of commerce for Small cities Community Development Block Grant Program funds for the FY 2010 Scattered Site Housing Rehabilitation Program in the amount of$400,000. Housing and Community Development Director Tara Fikes introduced this item. The County has been involved in this program since 2001 and has been able to rehabilitate approximately 36 dwelling units over that time. The grant funds must be used to repair substandard housing occupied by low-income families in the Towns of Carrboro, Hillsborough, and unincorporated areas of the County. Families must have incomes at or below 50%of median income and the dwelling units must contain housing code violations in order to be eligible. The State requires two public hearings before submitting the application. NO PUBLIC COMMENT Commissioner Hemminger asked if there were people on the waiting list and Tara Fikes said that the waiting list has about 30 people on it. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS b. Orange County Community Development Block Grant(CDBG) Program— Infrastructure Hook-Up Program-$75,000 The Board conducted a public hearing and considered authorizing the submission of an application to the N.C. Department of Commerce for Small Cities Community Development Block Grant Program funds for an Infrastructure Hook-up Program in the amount of$75,000. Tara Fikes said that this is another opportunity to receive comments on a CDBG grant for an infrastructure hook-up program up to$75,000. This would include payment of tack-on or assessment fees for connecting to a line, the actual plumbing costs or service connection costs associated with connecting a private property to public water and sewer lines, the cost of removing septic tanks or wells as required by the Health Department, and any repairs to leaking plumbing that may occur as a result of connecting to a public water system. There must be a public water or sewer connection available to their property. This program cannot extend water or sewer lines. PUBLIC COMMENT: Robert Campbell said that there are many homes with contaminated water in his community(Rogers-Eubanks Neighborhood Association). He said that the representatives are here tonight to persuade the Board of County Commissioners to approve this funding so that this community can be helped. David Caldwell said that he is here to support this item for the Rogers Road community. He said that they have watched funds pass them by for infrastructure needs but slowly now, they hope to get the help they need. He said that 11 homes have been identified that meet the criteria for these funds. Commissioner Pelissier asked if there were any other areas in the County that might meet the criteria for these funds and Tara Fikes said that she is not aware of any right away. Commissioner Yuhasz asked if people could apply for this if there were scattered homes throughout the County. Tara Fikes said that she did advertise this public hearing, and there was an explanation of the project through the advertisement. She has not planned any additional advertisement. Commissioner Yuhasz said that he would like to make sure that other families have the opportunity to apply for these funds, such as in the Efland area. Commissioner Jacobs asked if there is a time limit for spending these funds and Tara Fikes said that the limit is 30 months. Commissioner Jacobs said that the Planning Director gave some information to People for Progress in Efland about the status of the Buckhorn area and water and sewer lines. The County made a commitment to this area years ago to help access water and sewer. He said that, if this is successful, then the Buckhorn area would want to know about this opportunity. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: UNANIMOUS 7. Regular Agenda a. Chapel Hill-Carrboro City Schools Capital Investment Plan and Funding The Board considered approving a new capital investment plan and funding mechanism for the Chapel Hill—Carrboro City Schools for the fiscal year ending June 30, 2011. Financial Services Director Clarence Grier said that, due to recent budget cuts, the lottery allocation for CHCCS has been reduced by$422,000. The school system is asking that the County apply for lottery funds. The school system would like to have the funds immediately available to use it on capital needs, etc. The proposal is that the County will immediately apply for the lottery funds, apply them to debt service and then take the amount budgeted to debt service and allocate it to the school's CIP, so that there would not be a laborious process at the State level to get the lottery proceeds. Commissioner Hemminger said that she attended the NCACC Education Steering Committee Meeting and they talked a lot about the lottery funds. She said that the likelihood of the lottery proceeds being even lower next year is pretty high, so it would be good to move these funds along now. Lottery sales are up, but the State is looking at redistributing how it allocates money to encourage more playing. Commissioner Gordon said that this is an excellent idea and she supports this approach. Commissioner Jacobs referred to an email from Superintendent Patrick Rhodes that the Education Lottery was supposed to dedicate .35 out of every dollar to the school children, and the percentages have dropped below that target. This cost schools$80 million last year. This is a significant decline on something that was sold as a great benefit to public education. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to approve a new capital investment plan and funding mechanism for the Chapel Hill— Carrboro City Schools for the fiscal year ending June 30, 2011, with this plan being reviewed an on annual basis as Lottery Funds are allocated by the State. VOTE: UNANIMOUS b. Fairview Park—Draft Interlocal Agreement with Town of Hillsborough The Board considered a possible interlocal agreement with the Town of Hillsborough regarding property exchanges, Town contributions to park expense, public safety and other issues regarding Fairview Park. Dave Stancil said that this is a draft interlocal agreement between Orange County and the Town of Hillsborough in reference to Fairview Park. This park is under construction and it should be completed by the end of the year. The parkland in question is owned by both the County and the Town, and while there was a master plan and previous Memorandum of Agreement in 2005, in the past couple of months the Managers and staffs have reviewed some important decisions that need to be made. The draft Interlocal Agreement would address several key components of the park prior to opening, and leaves open possible future actions as well. In general, the draft: - Speaks to property exchanges and easements to address liability and public safety. In short, a one-acre parcel around the Town police substation would be conveyed to Hillsborough; Hillsborough would deed to the County the remainder of the park site on its property(thereby assuring all of the park facilities are under one owner), and easement would be granted to allow the County and Town access to certain nearby facilities or land. - The Town of Hillsborough will contribute the amount of$30,000 annually to the County for general operating expenses of the park. This amount will increase 2% per annum beginning July 1, 2011. - The Town will be responsible for providing water and sewer to the park, at no cost, and will be responsible for opening and closing the park gate, if determined to be necessary. - Public safety response will be coordinated by the Orange County Sherriff's Department, in a coordinated response effort with the Town Police Department. - Since the park is surrounded on three sides by the Town limits, the Town will consider the potential for annexation of the site periodically, notifying the County in advance of any intent to annex. - The Agreement may be amended by mutual consent and will be reviewed every five years. The Agreement would expire December 31, 2015, but both parties agree to consider renewal prior to that time. Commissioner Pelissier asked about the$30,000 operating fee and where this number comes from. Frank Clifton said that this was an amount that was negotiated regarding operating costs. Commissioner Pelissier asked when the Town Board was going to be looking at this and Dave Stancil said on October 11th Commissioner Pelissier said that in 2009, there were concerns expressed about the Town contributing money for operating costs. She has concerns about how this is proceeding. Frank Clifton said that there was mutual agreement between the Town and the County. Commissioner Jacobs made reference to page 5, 3-b, and said that the next to the last line is repetitive. He said that it should say, "the Town Police Department will cooperate in a coordinated public safety response." Commissioner Jacobs made reference to the map where it says, "Future Town of Hillsborough Public Works Site." He said that he thought this was dedicated to Hillsborough use. One of the reasons that they talked about a joint public works operation was because it was so close to the neighborhood that there were noise concerns. He is curious about going ahead with this left on there if it is not going to happen. Frank Clifton said that the green area on the map is being reserved as a storage area. The other property will still be reserved for some future use. Triangle Transit is considering using it as a commuter ride share lot. The Town has not decided what to do with this site at this time. Commissioner Jacobs said that it could be left as green, which indicates that it is still Hillsborough's. Commissioner Jacobs said that his bigger concern is the part on page 8 and the "wooded area." He said that there were considerable discussions about what part of that area to protect because of the mature hardwoods, and Hillsborough agreed not to put a meeting room there. David Stancil said that the wooded area is part of County property that ties into the public works. Commissioner Jacobs said that it would be useful to define what area is to be preserved and that should be part of the agreement to, "define, manage, and preserve the hardwood forest that is designated on the map at the southeastern corner of the Park Master Plan." Dave Stancil said that the intention is that this would remain wooded. Commissioner Jacobs would like to memorialize this area to make sure that it remains wooded. Commissioner Gordon asked more clarifying questions about the operating costs, which were answered by staff. This amount is unknown and will be better known in about one year. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to adopt the Interlocal Agreement, as amended. VOTE: Ayes, 6; No, 1 (Commissioner Pelissier) Frank Clifton said that the County just participated in an agreement with Chapel Hill for almost$700,000 towards soccer field renovations. c. Orange County Water and Sewer District Concept The Board considered the concept of creating County water and sewer districts in Orange County. Craig Benedict said that this was collaborative research between the County Manager's Office, the County Attorney's Office, and Economic Development. He made a PowerPoint presentation. Orange County Water and Sewer District Concept Aspects of a Utility District .District authority—Board of County Commissioners .Create Boundary .Development Utility Standards .Financing System ;faxing Levy .Design and Acquire Easements .Construct .Operate and Maintain .Long Range Capital Improvement Sustainability First Steps Public Hearing Public Hearing will be held to determine the following: •There is a demonstrated need for providing in the district water services, or sewer service, or both; •The residents of all the territory to be included in the district will benefit from the district's creation; and • It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies. By resolution create a County water and sewer district Frank Clifton said that Orange County would not be a service provider and the key to this is to develop a backbone system. Craig Benedict showed the maps of the possible districts. The Efland/Buckhorn area is now under consideration for a utility district. Commissioner Pelissier asked how far in advance of providing utilities could a district be created, along with a fee. Frank Clifton said that it has to be based on a plan of action or capital improvement plan. There would have to be a taxing district that allows the levying of a specific property tax for that purpose. Commissioner Jacobs asked where they were in the conversations with collaborative efforts such as with Orange Alamance Water System and Frank Clifton said that until the Board gives the staff direction, the County would not necessarily be dealing with water and sewer in the entire district. Craig Benedict said that there have been discussions over the last few months with Orange Alamance, and Orange Alamance has signed a Memorandum of Understanding that it should work with the County to find out the potential of the system and how the growth of Orange County in that area would match their system. He has not brought the companion MOU to the Board of County Commissioners yet, but the Orange Alamance MOU has been received. He thinks that where Orange Alamance wants to grow is similar to the area where Orange County wants to grow. Commissioner Jacobs asked how long it would take to get this to public hearing and Frank Clifton said that it would probably be after the first of the year. Commissioner Jacobs urged doing it at a quarterly public hearing. He made reference to eminent domain and said that it would be important at the public hearing to explain that it is not the intent of the County to be condemning land for economic development purposes, but that this would be related to water and sewer extensions and would be done only as a last resort. John Roberts said that, generally, with water and sewer the eminent domain authority would be for the easement only and not an entire piece of property. Chair Foushee agreed that this needs to be explained clearly to the public. Commissioner Gordon said that she would need more detail before moving forward with this concept and she would like to know the proposed costs. She would like to know the percentage of the revenue stream that would benefit Orange County. Frank Clifton said that he cannot give these answers without doing a significant amount of study. Commissioner Gordon asked for the sake of clarity to have the maps in color instead of black and white. Commissioner Yuhasz asked for confirmation that the ability to tax within that district would not preclude the use of general fund revenues for improvements in that area and that the Board would have the opportunity to determine the amount of revenue available within the district by setting the tax rate. Frank Clifton said yes. Commissioner Yuhasz asked about the criteria that would be used to create these different districts and Frank Clifton said that the land use ordinance would be used. He said that the key to the whole scenario is to provide the opportunity to put utilities in the economic development districts. Commissioner Yuhasz asked if people that own residential properties in these general areas should expect to be impacted by a potential district tax. Frank Clifton said that people who currently live within those areas could expect to be part of the districts. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to: 1. Authorize staff to move forward with the creation of an Efland/Buckhorn/Mebane water and sewer district map and other materials needed for a public hearing; 2. Authorize staff to research the creation of other utility districts consistent with the Comprehensive Plan; and 3. Authorize staff to bring forward utility service agreements with host utility authorities. Frank Clifton said that his caution to the Board would be that if the County Commissioners do not want to make the commitment to economic development, then this should not be approved. Commissioner Jacobs said that he hopes that when this goes to public hearing, that this intent is made public that the County Commissioners are committed to economic development. VOTE: UNANIMOUS d. 2011 Employee Benefits Recommendations The Board considered employee benefits and leave recommendations for the 2011 Calendar Year and authorizing the Manager to sign the appropriate documents. Human Resources Director Michael McGinnis made the PowerPoint presentation. He said that there was a correction to Attachment 2, page 9. Under Health Insurance Participation, the Active Employees should be 692 instead of 69. He thanked the Board for reinstating the 401(k) contribution. County Manager's 2011 Employee Benefits Recommendation BOCC Regular Meeting October 5, 2010 Goal of the 2011 Benefits Recommendation •Maintain Health Care Plan & Minimize Rate Increases •Maintain Wellness&Chronic Conditions Control Programs •Review Self Insurance Option for Health Care Plan •Maintain Employer/Employee Health Care Rate Formula *Employer 100%for Employee Only Coverage *Employer 52%of Dependent Coverage *Increase Dental Reimbursements for Restorative Services •Consolidate Petty/Personal/Vacation Leaves 2011 Benefit Recommendation Challenges •Economic Crisis •No COLA/InRange Increases for 2nd Year *Personnel Services Cost Reduction Efforts *Increasing Health Care Costs *Influence of Affordable Care Act •Growing Retiree Health Care Costs 2011 Strengths Health Care •3rd year of stable rate increases(Stable Loss Ratios) •More Wellness activities(Wellness Grant) Affordable Care Act Early Retiree Reimbursement Program Dental Care Increase (without fund increase) •Reinstatement of Employer 401k Contribution Consolidation of Leave (Personal+Petty+Vac=Annual) 2011 Health Care Considerations Health Care Renewal •No Reductions in Plan Design •Rate Increase of 6.5%(Below Budget 7%) •Enhancement(hearing aid allowance) Consideration: Reviewed Potential for Self-Insurance Renewal at fully-insured is more financially feasible for 2011 Affordable Care Act Early Retiree Reimbursement Program •Federal funds available to reimburse 80%of certain claims for pre-65 retirees •Available until the$5 billion appropriated is distributed. •Can only be used to reduce health costs •Application is prepared and awaiting BOCC approval •Potential estimated reimbursement up to $150,000 over 18 months. 2011 Recommendation Dental Care •Maintain OC/Employee Contribution Amount •OC Contributed 100%for Employee Only Coverage Employee Contributes 100%for Dependant Coverage *Increase in Reimbursement for Services •Major Restorative Services •No Increase in Dental Funding Needed Leave Consolidation •Current Leave Accumulations •Vacation Based on Service (up to 240) Personal 2 days per year(does not roll) •Petty 14 hours per year(does not roll) •Proposed Consolidation •Personal, Petty Leave&Vacation designations are eliminated •Personal, Petty and Vacation are consolidated into new designation"Annual Leave" Annual Leave accumulates to 240 hours(above 240 rolls into Sick Leave) 2011 Benefits Recommendation •Authorize Manager to sign Early Retiree Reinsurance Program Application &Sponsor Agreement •Approve Renewal of Health Care Plan •Approve Resolution of Interlocal Agreement of Health Care Plan with NCACC •Approve Dental Reimbursement increase •Approve the Flexible Spending Account Changes •Approve Authorizing Manager to sign Met Life Agreement •Authorize payroll deductions for supplemental insurance benefits •Amend Personnel Ordinance on Employee Leave Commissioner Jacobs made reference to pages 1 and 2 and employee wellness and said that this is the second time this has been presented without mentioning the Sportsplex. He would like to know how much the County actually spends on the Sportsplex memberships for staff and what percentage of the staff use it. Commissioner Jacobs made reference to page 5 and the tuition refund program. He asked if meetings have been set up with Durham Tech to come and speak with the Human Resources Director and his staff to identify what would be the most fruitful programs to offer for educational enhancement. Frank Clifton said that they are now working on a program for EMS to set up a training program for paramedics. Commissioner Jacobs made reference to page 8 and the last item regarding changing legislation and how Orange County would be affected. He asked if this would be reducing the work schedule of all temporary staff so that they do not reach 30 hours per week and get health care coverage. Michael McGinnis said that this becomes effective in 2014. Currently, the County does not provide benefits to temporary employees. Between now and the effective date of this change, they will be looking at how to structure this employment. The intent is not to restrict health care to employees that are working a significant amount of time. Commissioner Jacobs encouraged staff to find a more charitable way to phrase this. Commissioner Pelissier made reference to the wellness events and said that one of the other benefits would be a decrease in sick leave. She asked if there has been any decrease in sick leave as a result of the wellness events and Michael McGinnis said that he has not investigated this. Commissioner Pelissier said that she would hope that as part of an annual review of employees that department heads would encourage employees to take advantage of outside educational opportunities. Frank Clifton said that in recent budgets, external training opportunities have been cut significantly, so they take every effort to consolidate training within departments. Michael McGinnis said that the employee appraisal process is being reviewed now and they are looking at this component more closely. Commissioner Hemminger suggested spelling out the retiree benefits because it is confusing. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve the Manager's recommendation, as amended: - Authorize the Manager to sign the Early Retiree Reinsurance Program Plan Sponsor Application and Plan Sponsor Agreement and authorize the Manager or designee to carry out the program; - Approve the renewal of the fully-insured health insurance plans with the NCACC at an increase of 6.5%; - Approve the resolution and authorize the Manager to sign the NCACC Interlocal Agreement Group Self Insurance Fund for Risk Sharing or Group Purchase of Insurance for Health Care Trust Group Benefits, Liability and Property and Worker's Compensation Pools; - Approve changes to the Orange County Table of Allowances to increase the reimbursement amounts for Endodontics, Periodontics, Extractions, and Major Restorative Benefits; - Approve changes to the Flexible Compensation Plan, as mandated by the Affordable Care Act, to be implemented beginning January 1, 2011; - Approve the three-year rate renewal and authorize the Manager to sign any agreement with MetLife, pending review by the County Attorney; - Authorize employee payroll deductions for supplemental insurance benefits; and - Amend the Orange County Personnel Ordinance Article IV, Section 5.0 Employee Leave effective January 1, 2011 and repeal Article IV, Section 10.0 Petty Leave and 23.0 Personal Leave effective December 31, 2010. VOTE: UNANIMOUS 8. Reports-NONE 9. County Manager's Report Frank Clifton said that the staff is working on the Facility Use Policy but it has gotten more complicated than they originally thought as a result of the changes in hours, etc. It is in a draft process and being reviewed by various departments that are impacted. It will be a fairly extensive document with a lot of parameters. He said that there have been requests with regards to naming a County building. He has researched the policy and he will give a report in the near future about this. Regarding the 1h-cent sales tax referendum, the County has only spent money on educational materials. 10. County Attorney's Report-NONE 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 Nelson, seconded by Commissioner Jacobs to appoint Aviva Scully to the Orange County Animal Services Advisory Board to a partial term ending June 30, 2012. VOTE: UNANIMOUS b. Orange County Alcoholic Beverage Control (ABC) Board—New Appointment The Board considered making a new appointment to the Orange County Alcoholic Beverage Control (ABC) Board; and considered designating a member of the ABC Board as its Chair. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to appoint Thomas Heffner to the Orange County Alcoholic Beverage Control (ABC) Board to a three-year term effective November 1, 2010 and ending June 30, 2013 and to appoint him as Chair for one year. Commissioner Jacobs said that he heard that Mr. Heffner might not be a resident of Orange County for the full three years. Commissioner Yuhasz said that he spoke with Mr. Heffner with regard to his service to Orange County on the Board of Equalization and Review and the possibility of renewing that role next year. Mr. Heffner informed him that he would be moving out of the County for some period of time while he builds a new house. He is concerned about this for that reason. Donna Baker said that she would contact Mr. Heffner about this and let the Board know. Commissioner Yuhasz asked that this appointment be tabled until the information is received. Commissioner Jacobs would like to see the Board policy about residency. Donna Baker said that the volunteer resolution does not specifically address this, but the Board has taken a stance always that members of boards and commissions have to be Orange County residents, unless there is a professional requirement for a certain position. She said that this should be discussed further because it is an unwritten policy. Commissioner Hemminger withdrew her motion. c. Chapel Hill Board of Adjustment—New Appointments The Board considered making two new appointments to the Chapel Hill Board of Adjustment. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to appoint Timothy Peppers to a partial term expiring June 30, 2012 and Suzanne Haff to an expired term ending June 30, 2011. VOTE: UNANIMOUS d. Chapel Hill Planning Board—New Appointment The Board considered making a new appointment to the Chapel Hill Planning Board. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to appoint Deborah Fulghieri to a partial term ending June 30, 2012. VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon distributed a handout on the Triangle Regional Transit Program. This was an Executive Summary of the Transitional Analysis Report. Commissioner Gordon said that she and Commissioner Pelissier were invited to go to the PTA Council meeting to discuss the '1h-cent sales tax referendum. The Council was very interested and seemed supportive. Commissioner Jacobs said that he would like to have a work session on the transportation plan. Commissioner Jacobs said that when he was at a Triangle J Council of Governments meeting, they talked about programs that they do and one of them is the Capital Trees Program, where they identify significant trees within a county and there is recognition and education involved. He asked that the Board refer this to the Commission for the Environment to see if Orange County can do this and if there is any cost involved. Commissioner Jacobs said that when the Board passed the resolution about the transfer station, it asked staff to come back with a proposal on investigating alternatives and partnerships no sooner than September 2010. He asked the staff to bring back a plan or a proposal for this sometime soon. Commissioner Jacobs requested that when any of the County Commissioners go on conferences or Chamber-sponsored trips at County expense that they report back to the Board what was learned or bring materials. Commissioner Pelissier agreed with Commissioner Jacobs about this. She said that she went on the trip to Asheville, and she will bring information back on this. Commissioner Pelissier said that she attended the NCACC Environmental Steering Committee meeting. She said that Orange County submitted two goals. One goal was about bio-solids disposal, which made it to the top five that the committee will put forward as the top priorities. The other goal was about wastewater system classifications for volunteer fire departments and was rejected. She asked Commissioner Jacobs and Commissioner Yuhasz to go before the Fire Chief's Council to go and petition this to the State with other fire councils in the state. Commissioner Pelissier said that the top goal was submitted by Chatham County and was to seek legislation that would require the Division of Water Quality to perform enhanced monitoring for all river basins in North Carolina. This would really help Orange County too. Commissioner Hemminger said that she went to the NCACC Educational Committee meeting, and everyone was surprised that Orange County meets with its school boards. Most of the items on the list were in reference to restoring money that has been taken away. Commissioner Yuhasz—none. Commissioner Nelson—none Chair Foushee—none 13. Information Items • Certificates of Adequate Public Schools(CAPS) and the Schools Adequate Public Facilities Ordinance(SAPFO) • September 21, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session-NONE 15. Adjournment A motion was made by Chair Foushee, seconded by Commissioner Nelson to adjourn the meeting at 9:37. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board