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HomeMy WebLinkAboutMinutes 10-19-2010 APPROVED 12/6/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 19, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 19, 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 Item 4-e, Interlocal Agreement between Town of Hillsborough and Orange County for Storm water Program Management and Erosion Control Services, was pulled. Commissioner Jacobs extended best wishes from the Board of County Commissioners to Norm Gustaveson, a former County Commissioner, who had a heart attack last week and is now at home. The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda None b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Presentation of U.S. Census Certificate of Recognition to Orange County The Board received a letter of recognition and certificate from the U.S. Census for Orange County's partnership and participation in the 2010 Census. Planning Director Craig Benedict said that he was here on behalf of the Census Bureau. This was a year-long endeavor that was headed up by Tom Altieri in the Planning Department and David Hunt in the Clerk's Office. The numbers are coming in and the response rate is better than in previous years. Chair Foushee thanked Tom Altieri and David Hunt for their support. b. Resolution To End the Expenditure of the Public's Tax Dollars by the U.S. Congress for Excessive and Unaffordable Warfare Funding The Board considered adopting a Resolution to End the Expenditure of the Public's Tax Dollars by the U.S. Congress for Excessive and Unaffordable Warfare Funding. Frank Clifton said that this resolution was presented to the Board of County Commissioners by Mark Marcoplos, an Orange County resident. PUBLIC COMMENT: Lisa Farmer said that she was here as a member of the Justice and Peace Commission from the Church of Reconciliation in Chapel Hill. She read a letter. She said that this group supports Mark Marcoplos' resolution. "We, the members of the Justice and Peace Committee of the Church of Reconciliation, in keeping with the Resolution of the General Assembly of the Presbyterian Church, support the immediate end to the conflict in Afghanistan. Therefore, we encourage the Commissioners of Orange County to pass a resolution asking North Carolina's members of the U. S. House of Representatives from the Fourth Congressional District and its Senate representatives to oppose all of the legislature brought before the U. S. Congress that provides further funding of the U. S. Warfare and the U. S. Military Occupation in Afghanistan. Orange County, North Carolina also requests that these members of Congress take strong and forceful action to influence the full Congress to terminate funding of these military operations." Mark Marcoplos thanked the Board of County Commissioners for consideration of this resolution so quickly. He said that people take the perspective that it is not the business of local governments to comment on a federal matter. He said that Orange County needs this money back here since the economy is so bad. He said that the only leaders that can really speak for Orange County are the County Commissioners. Orange County is a small part of the 41h District. Commissioner Nelson arrived at 7:11 PM. Commissioner Yuhasz said that Mark Marcoplos spoke to whether this is a subject for the Board of County Commissioners to take a position. He said that he would like to hear from the residents of Orange County on whether the Orange County Board of County Commissioners should take a position on a matter of national concern. He said that he has not heard from any citizens other than Mr. Marcoplos and Ms. Farmer, and for that reason, he is disinclined to support this resolution. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to table this item until such time that there is greater feedback from the community as to whether or not this is an issue that the residents want to see the County Commissioners take up. Commissioner Gordon said that what happened with this resolution is that this came back quickly and she needed more information on the figures. She also wants to add another "whereas" to the resolution as they did before with the Iraq resolution. She read this: "Whereas, the men and women in the armed forces deserve our gratitude for their service and bravery." She said that if tabling it could allow it come back so that this could be added and staff could do more research and the resolution could be re-worded, then that would be fine. Commissioner Yuhasz stated the motion again. Commissioner Hemminger said that she would like to hear from the public too and have this resolution reworded. Commissioner Pelissier said that her concern is how they would get feedback on this resolution. Commissioner Yuhasz suggested that this be on a future agenda for open discussion by the Board of County Commissioners. Commissioner Gordon suggested a friendly amendment to table this until November 41h, with the understanding to have the resolution reworded and to solicit public comment at that meeting. Commissioner Yuhasz does not think that November 4th is enough time. He suggested not putting a date certain on it. Commissioner Nelson said that he preferred to put a date on it to come back in November. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson that this resolution be brought back at the second meeting in November. VOTE: Ayes, 4; Nays, 3 (Commissioner Jacobs, Chair Foushee, and Commissioner Yuhasz) 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve those items on the consent agenda as stated below. VOTE: UNANIMOUS a. Minutes — None b. Appointments (1) Advisory Board on Aging — Reappointment The Board reappointed Dr. Janice Wells to a first full term expiring June 30, 2013 to the Advisory board on Aging. (2) Orange County Nursing Home Community Advisory Committee — Reappointment The Board reappointed Patricia Koch to a second full term ending June 30, 2013 to the Orange County Nursing Home Community Advisory Committee. c. Motor Vehicle Property Tax Release/Refunds The Board approved the adoption of a refund resolution, which is incorporated by reference, related to 36 requests for motor vehicle property tax releases or refunds in accordance with the NCGS. d. A Proclamation to Honor the Community School for People Under Six on its 40th Anniversary The Board adopted a proclamation, which is incorporated by reference, honoring the Community School for People Under Six on its 40th anniversary and authorized the Chair to sign. e. Interlocal Agreement between Town of Hillsborough and Orange County for Stormwater Program Management and Erosion Control Services This item was removed from the consent agenda. f. Increasing County Manager's Vacation Leave Accrual Rate The Board approved increasing the County Manager's vacation leave accrual rate to 16.8 hours per month or 201.6 hours per year effective October 6, 2010. Dedication of Right of Way Along Eubanks Road for Morris Grove Elementary School The Board approved the dedication of right of way along Eubanks Road to complete Orange County's requirements pursuant to a Site Plan approved by the Town of Carrboro for the construction of Morris Grove Elementary School and authorized the Manager to sign. h. Changes in BOCC Regular Meeting Schedule for 2010 The Board approved one change in the County Commissioners' regular meeting calendar for year 2010 by changing the location of the joint dinner meeting with the Orange County Planning Board, scheduled for Monday, November 22, 2010 at 5:30 p.m. FROM the DSS Offices, 103 Mayo Street, TO the Link Government Services Center, 200 South Cameron Street, Hillsborough N. C. The Quarterly Public Hearing, scheduled for November 22nd at 7:00 p.m., will remain at the DSS Offices, 113 Mayo Street, Hillsborough, N. C. i. Board of Commissioners Meeting Calendar for Year 2011 The Board approved the regular meeting schedule for the Board of County Commissioners for calendar year 2011. L Fiscal Year 2010-11 Budget Amendment #3 The Board approved budget ordinance amendments for fiscal year 2010-11 for the Health Department, Department on Aging, Department of Social Services, and Visitors Bureau Fund. k. Impact Fee Reimbursement Request— Community Home Trust The Board approved an impact fee reimbursement request from Community Home Trust for $6,092 for one new home in Carrboro. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Agenda Item `e', Interlocal Agreement between Town of Hillsborough and Orange County for Stormwater Program Management and Erosion Control Services, was removed from the meeting agenda and not considered. 6. Public Hearings a. Public Hearing and Consideration of Resolution Authorizing Application to the Local Government Commission to Issue Up to $103.6 Million in General Obligation Refunding Bonds and Financing of$2 Million for Computer Hardware/Software and Communications Equipment The Board held a public hearing and considered approving a resolution authorizing application to the Local Government commission to issue up to $103.6 million in General Obligation Refunding Bonds and to finance $2 Million in computer hardware/software and communications equipment. Financial Services Director Clarence Grier summarized this item. He said that as the economy has turned, interest rates have been low, and this provides an opportunity to look at the debt and refinance some debt, which provides a savings. This fiscal year alone, if everything goes as scheduled, the debt service will be reduced by $1.8 million. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to close the public hearing. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to authorize staff to proceed with an application requesting the Local Government Commission's approval to issue up to $103.6 million of refunding bonds for the purpose of refunding various debt obligations of the County; and to finance $2 million for the purchase of computer software, Sheriff's Department radios and telephone related equipment; and authorize Davenport and Company, LLC to serve as Financial Advisory and the firm of Sanford Holshouser, LLP represented by Bob Jessup to serve as Bond Counsel. VOTE: UNANIMOUS 7. Regular Agenda a. Eno River Parking Deck Access Gate Modifications and Agreement Revision The Board considered an agreement revision to facilitate parking needs for the public using County offices and facilities in downtown Hillsborough by modifying the access gate to the Eno River Parking Deck and authorizing the Chair to sign. Frank Clifton said that the County leases parking spaces in the Eno River Parking Lot and the lease agreement allows the County to lease 209 spaces. The lower portion is the 80 spaces for Orange County and 40 of those are free public spaces for those doing business with Orange County, and the top of the deck houses Orange County vehicles. There has been ongoing dialogue with the owners of the deck. The owner wants to close the gate because he believes people that are not doing business with the County are using the deck. The best solution at this time is to reverse the operation of the gates so that you have to have a card or a code to get out and each County office will post ( and change) the code every day so that people that visit the County offices can get out. If someone does not do business with the County and parks there, then they would have to pay to get out. Commissioner Gordon asked what happens after 5:00 p.m. and Frank Clifton said that the spaces become paid spaces for the public. Commissioner Gordon said that she understood that the County spent a lot of money on that parking deck and she is concerned that the public could not park after 5:00 p.m. for free. Frank Clifton said that theoretically, the County did not pay for the parking deck, because it is in the ownership of an individual. John Roberts said that the contract provides now that the spaces that the County leases are open to customers of the County, but the contract also provides that the owner of the deck shall have the authority to close those gates for maintenance or other purposes to control access. It is a problem and there are arguments on both sides. Right now, the County is trying to keep the gates open and the owner of the deck is trying to get the gates closed. It is headed towards litigation. Commissioner Jacobs said that the County absolutely, unequivocally requested that there be free parking available to members of the public who use the County facilities, which were served by the parking deck. He does not care if the developer wants to argue otherwise, because it is just not true. Further, the County urged the developer to put in gates that would better regulate who went in and out and the developer said that he would take care of it. He said that there is no way that the County would have agreed to this arrangement if people would have to pay to park to do Orange County business. John Roberts said that the contract does say that the public who is doing County business can park for free but not the general public that is visiting downtown. Commissioner Jacobs said that if they are going to talk about putting in a gate, then he would say that the spaces down below may not be the most viable. The public would be better served by the spaces nearest to the building on the second level. Frank Clifton said that the developer has offered to lease the County more spaces. The agreement states that the County spaces are on the lowest and highest levels. The levels in between are owned and controlled by the developer. Commissioner Jacobs said his suggestion is to renegotiate the spaces. Frank Clifton said that he does not think the developer would do this. Commissioner Yuhasz asked if the developer was satisfied with the resolution and Frank Clifton said yes, as of now. Commissioner Jacobs suggested adding more signage to direct the public to the free parking spaces for County business. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to change the Manager's Recommendation, #4, that the Manager will bring the changes back for approval by the Board. Commissioner Jacobs would like there to be additional signage for the free public parking. Frank Clifton said that the County would probably have to pay for the additional signage. VOTE: Ayes, 6; Nay, 1(Commissioner Jacobs) A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve the Manager's Recommendation, as amended: 1) Authorize the modifications to the entry and access points on the lowest level of the Eno River Parking Deck; 2) Approve associated budget amendments; 3) Authorize the County Attorney to prepare the necessary amendments (if any) to the agreement between the County and the developer on the operation of the Deck; and 4) Have the Manager bring the modifications back to the Board before sending them. VOTE: Ayes, 6; Nays, 1 (Commissioner Jacobs) Commissioner Yuhasz said that it was his understanding that the Manager was going to look at more signage. Frank Clifton said that he would come back with something about more signage. b. Potential Relocation of Parks Operations Base The Board considered relocation alternatives for the Parks Operations Base currently housed in leased space at 503 Cornerstone Court, Hillsborough. Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil said that he wanted to share with the Board the potential to relocate the parks operations base for a savings of $30-40,000 per year on lease revenues. Since 2004, Orange County has leased a 4,000-square foot building with approximately 3,500 square feet of secured grounds near the intersection of Highways 86 and 70A. The facility, located within an office park, provides space for essential functions of the Mobile Parks Crew and the County Landscape Crew. Administration and oversight of parks site-based crews also occurs at this location. The annual lease rate for this property is $37,155 per year, with the County also responsible for approximately $2,350 in electric and natural gas service. This lease allows the possibility of termination with a 60-day notice. Given budgetary constraints and the potential location on County-owned sites, staff has pursued alternative, County-owned locations for this facility that would be both economical and functionally viable. The possibilities were narrowed down to three potential solutions: the future Blackwood Farm Park (New Hope Church Road and NC 86), 1914 New Hope Church Road (former Emergency Services building), and the future Millhouse Road Park site. The Millhouse Road site is the recommended choice. Commissioner Hemminger said that the Parks and Recreation Advisory Council met out there and reviewed this site and thought that it was a good fit. Commissioner Jacobs said Commissioner Hemminger's information made him more comfortable about this proposal since the abstract did not make this clear. Commissioner Yuhasz asked if this site would service the properties in Hillsborough and Efland and Lori Taft said yes. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve relocation of the Parks Operations Base currently housed in leased space at 503 Cornerstone Court, Hillsborough to the future Millhouse Road Park property as outlined, and that steps be undertaken to terminate the current Cornerstone Court lease on December 31, 2010 (or as soon as practicable following that date). VOTE: UNANIMOUS 8. Reports a. NC 54/ 1-40 Corridor Study Presentation The Board received a presentation on the draft NC 54/1-40 Corridor Study from Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization (MPO) staff. Transportation Planner Karen Lincoln said that this item is to update the Board of County Commissioners on the recommendations of this corridor study. Lisa Huntsinger, Technical Services Team Leader of the Durham/Chapel Hill/Carrboro Metropolitan Planning Organization gave the presentation. NC-54/I-40 Corridor BLUEPRINT FOR MOBILITY Recommended Master Plan Background (map) 70,000 vehicles per day Study Objectives - Vision - Blueprint - Land Use - Transportation Vision Regionally significant multimodal corridor that serves both regional and local travel through an expanded and more efficient network of streets, bus routes, bicycle facilities and pedestrian enhancements. Promote community livability by guiding future development into targeted mixed-use areas to reduce trip lengths, enable greater use of non-auto travel options and provide location-efficient choices for housing and transportation. Participants DCHC MPO* City of Durham* Town of Chapel Hill* NCDOT Durham County* TTA (Triangle Transit) UNC (University of North Carolina) Chapel Hill Transit DATA Orange County Chatham County *Funding Partners Study Process Focus Groups/Workshop 1 - Challenges - Data Collection/Analysis - Community Profile Workshop 2 - Trend Analysis - Scenario Development/Testing - Initial Preferred Scenario Targeted Outreach/Workshop 3 - Full Analysis Preferred Scenario - Refined Recommendations - Master Plan What We Learned - Future development will continue to occur - The growth in traffic from adopted plans will result in significant congestion - There are insufficient alternatives for parallel capacity - Existing development patterns do not support transit or encourage non-motorized trips - Vehicle trips destined to the Friday Center and UNC contribute significantly to peak congestion - There is a public desire for multimodal options Recommendations Land Use/Transit/Bicycle-Pedestrian Nodal Land Development Pattern - Guides growth into existing/emerging centers - Opportunities to capture short trips via walking or biking - Focal point for transit with focused, diverse activity Transit - Expanded service and improved connections - LRT (Light Rail Transit) connects corridor with the region - Flex route shuttle service for low density areas Pedestrian/Bicycle Improvements - Connectivity - Increased safety - Complementary Recommendations Park and Ride/Roadway Park and Ride — Linkages for Success - Frequent, reliable, and convenient transit service - Roadway recommendations provide accessibility - Land use influences usage - New locations proposed Short to Mid-Term Roadway Improvements - Geometric and connectivity improvements - Construct collector street system - Widen NC 54 to six lanes in Durham County - Increase efficiency/safety through Superstreet design Long-Term Major Investment - Improve 1-40 interchange (ramps and widening) — Fig. 6-20 - Farrington Road Flyover Ramp — Fig. 6-4 - Ramp access into proposed Leigh Village Fig. 6-22, 6-23 Commissioner Gordon said that this is a very important study for Orange County and that is why she requested that the MPO give this presentation to the Commissioners. Commissioner Pelissier asked about the next steps and how this will be considered by the MPO. Lisa Huntsinger said that they have several public venues in December and the closing date is December 10th for public comments. There will be some additional analysis from the comments after the hearings. There is also an opportunity to email comments. If the recommendations are approved by all of the local agencies, then it becomes a guiding document for land use and transportation decisions made in that corridor. Commissioner Pelissier asked about the cost listed in the abstract and asked about the cumulative costs and how this would impact the analysis to date. Lisa Huntsinger said that she would have to get back to the County Commissioners on this. She said that Triangle Transit technical staff was part of the steering committee and the transit recommendations in the study are supportive of the work that they are looking at in the alternatives analysis. Planning Director Craig Benedict said that there are some overlapping issues that are concurrent- the Orange County Transit Plan, the Regional Transit Plan, and this study. The Commissioners have identified a work session in November to talk about the County's role. The Board can ask questions at the work session and staff will be better able to answer them at that time. Commissioner Jacobs asked that, as this goes forward, the comments from the public should be shared with the County Commissioners. Lisa Huntsinger said that all of the public comment will be put together in a summary document and made available prior to the public hearing in December or at least prior to any decision being made. The website with all of this information is www.nc54-140corridorstudy.com . 9. County Manager's Report Frank Clifton gave an update on the Solid Waste Plan. He said that staff has contacted the Towns on their positions and there has been no formal response yet. Also, at the September meeting, a group of citizens from the Central Orange Senior Center proposed renaming that facility for the past director, Jerry Passmore. His research on that issue indicates that doing so at this time would be contrary to existing County policy, which was adopted in 2005. This says that no property belonging to Orange County shall be named for a living person. Frank Clifton said that this is the last meeting before the sales tax referendum and staff is continuing to work on this campaign. 10. County Attorney's Report None 11. Appointments a. Advisory Board on Aging — New Appointments The Board considered making two new appointments to the Advisory Board on Aging. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to appoint Michael Symons to a partial term expiring June 30, 2012 and Mary Fraser to a full term expiring 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 Board. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Lisa Stuckey to a full three-year term ending June 30, 2013. VOTE: UNANIMOUS Commissioner Jacobs said that ABC Boards have become a sensitive topic and there seems to be a lack of clarity about some of the procedures between the ABC Board and the Board of County Commissioners, and the ABC Board and the open meetings law. Also, Commissioner Jacobs said that he did not think that the County Commissioners appointed other elected officials to advisory boards. He would like to discuss this at a retreat, as well as differentiating standards for boards that handle money. c. Hillsborough Planning Board — New Appointment The Board considered making a new appointment to the Hillsborough Planning Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Yuhasz to appoint Erin Eckert to a full term ending October 31, 2013. VOTE: UNANIMOUS d. New Appointments — Steering Committee for the Piedmont Food & Agricultural Processing Center The Board considered appointing one Commissioner, one Orange County farmer, County Manager (or designee) and the Cooperative Extension Director to the Steering Committee for the Piedmont Food &Agricultural Processing Center. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Portia McKnight to the Farmers position on the Steering Committee for the Piedmont Food and Agricultural Processing Center. VOTE: UNANIMOUS Commissioner Jacobs volunteered to be the Board of County Commissioners' representative on this Board. Commissioner Pelissier seconded. VOTE: UNANIMOUS e. Orange Unified Transportation Board — Removal of Member The Board considered removing one member from the Orange Unified Transportation Board. A motion was made by Commissioner Pelissier seconded by Commissioner Yuhasz to remove Mr. Eric Tillman from the OUTBoard. Commissioner Jacobs asked that Mr. Tillman be able to speak to the Board about his concerns; and noted that a similar issue had arisen when Mr. Tillman served on another board. VOTE: UNANIMOUS 12. Board Comments Commissioner Hemminger said that the new park locator is up and running from the Intergovernmental Parks Work Group. She congratulated the Information Technology staff. This currently lists 40 parks and will map out directions to the parks. Commissioner Jacobs said that there is a groundbreaking on Wednesday, October 27th at 10:30 a.m. in Hillsborough for the food processing center. Also, there was the first planning meeting for the next Ag Summit and the tentative date is March 21st with NCA&T's Small Farmer program. Commissioner Jacobs made reference to the Solid Waste plan and said that he was specifically referring to the resolution that the Board adopted when it was dealing with transfer stations. The Board had asked staff to come back with a plan for how to create partnerships with other jurisdictions to look at alternatives to burial of solid waste that are environmentally sound and economically feasible. Commissioner Jacobs said that the County has opened many new buildings without putting any kind of plaque in the lobby to indicate when it was built, who built it, who the Manager was, and who the County Commissioners were. He asked the Manager to bring back a proposal on how to get plaques in new buildings. Commissioner Pelissier made reference to the work session in August about economic development and said that residents are asking what Orange County is going to do with the monies from the sales tax for economic development. She said that the Board needs to start discussions on this issue in upcoming work sessions on how to encourage businesses in Orange County. A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to discuss economic development at an upcoming work session. VOTE: UNANIMOUS Commissioner Gordon reported that at their recent meeting, the DCHCMPO Transportation Advisory Committee discussed the Triangle Regional Transit Program- Transitional Analysis, including the corridors chosen for further study in the Alternatives Analysis. She distributed to the Commissioners the Executive Summary of the Transitional Analysis Report. Revised Draft, September 24, 2010. She also noted that there has been considerable discussion about the Park and Ride lots and the one at Leigh Village has been at the center of that discussion. Commissioner Nelson — none. Chair Foushee said that Social Services administered a program which was a subsidized work program for Work First and 14 people were hired permanently. Some of these locations were in Orange County government. She said that three of these people passed the EMT exam. Chair Foushee thanked EMS for their apparel in support of and recognition of Breast Cancer Awareness Month. 13. Information Items • October 5, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session -NONE 15. Adjournment A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to adjourn the meeting at 9:04 PM. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board