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HomeMy WebLinkAboutMinutes 11-04-2010 APPROVED 12/14/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 4, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, November 4, 2010 at 7:00 p.m. at the DSS Offices, Hillsborough Commons, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Chair Valerie P. Foushee 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 Commissioner Pelissier was acting Chair due to the absence of Commissioner Foushee tonight. Chair Foushee was out of town. Commissioner Pelissier pointed out the items at the County Commissioners' places: - Blue sheet was a revised copy of item 4-b-3 — Orange United Transportation Board — Reappointment - Salmon sheet was a revised attachment for item 4-h — Legal Advertisement for Quarterly Public Hearing — November 22, 2010 - Purple sheet was a revised copy for item 4-I — Contract with Hobbs Upchurch and Associates for Engineering and Design Services for Buckhorn-Mebane economic Development District (EDD) Water and Sewer Extension Projects — Phase II - Pink sheet was an addition to item 4-m — Change in BOCC Regular Meeting Schedule for 2010 - Yellow sheet was a revised copy of item 11-c— Orange Unified Transportation Board — New Appointments. The Chair dispensed with the reading of the public charge. Addition of Closed Session A motion was made by Commissioner Hemminger seconded Commissioner Gordon by to approve adding a closed session: "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 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 - NONE 4. Consent Agenda A motion was made by Commissioner Hemminger seconded by Commissioner Yuhasz to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from September 14, 17, 21 and 23, 2010 as submitted by the Clerk to the Board. b. Appointments (1) Chapel Hill/Orange County Visitors Bureau — Reappointment The Board reappointed James L. Ward (Chapel Hill Town Council) position with an expiration date of 12/31/2012 to the Chapel Hill/Orange County Visitors Bureau. (2) Human Relations Commission — Reappointments The Board reappointed Lori Lumpkin (At-Large) with an expiration date of 6/30/2012; Richard Perry (Town of Carrboro) with an expiration date of 6/30/2013; and Dr. Lori Schweickert (At-Large) with an expiration date of 6/30/2013. (3) Orange Unified Transportation Board — Reappointment The Board reappointed Amy Cole (Transit Advocate) with an expiration date of 9/30/2013 to the Orange Unified Transportation Board. c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 28 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Property Tax Refunds The Board adoption a refund resolution, which is incorporated by reference, related to 27 requests for property tax refund in accordance with N.C. General Statute 105-381. e. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to 76 requests for property tax release fro the 2010 tax year in accordance with N.C. General Statute 105-381. f. Applications for Property Tax Exemption/Exclusion The Board approved a resolution, which is incorporated by reference, related to 10 untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year. Recognition of Pink Campaign Sponsors This item was removed and placed at the end of the consent agenda for separate consideration. h. Legal Advertisement for Quarterly Public Hearing — November 22, 2010 The Board approved the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 22, 2010. i. Amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)1 Employer's Contribution to Include 457 Plans as an Additional Contribution Option The Board approved an amendment to the Orange County Personnel Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)] Employer's Contribution to allow the Orange County employer contribution to go to either an authorized 401(k) Supplemental Retirement Plan or 457 Deferred Compensation Plan. L Propose to Accept Offer to Purchase County Property The Board accepted the offer submitted by James T. and Tammy C. Wilson in the amount of $3,500 for the sale of County property located on Hwy 49 (Old ABC Store in Cedar Grove) approved the resolution, which is incorporated by reference, and authorized the Chair to sign the resolution as appropriate; and authorized staff to create the appropriate paperwork for completion of the sale and authorized the Chair to sign. k. Approval of Budget Amendment 3-A for Energy Efficient Lighting Installation in Triangle Sportsplex The Board approved Budget Amendment 3-A appropriating $29,350 from the Sportsplex Fund Balance and $16,590 from the Federal Energy Efficiency Community Development Block Grant Funds for the installation of energy efficient lighting within the Sportsplex facility. I. Contract with Hobbs Upchurch and Associates for Engineering and Design Services for Buckhorn-Mebane Economic Development District (EDD) Water and Sewer Extension Project— Phase II This item was removed and placed at the end of the consent agenda for separate consideration. m. Change in BOCC Regular Meeting Schedule for 2010 The Board changed the location of the Board of Commissioners' regular meeting (and organizational meeting) currently scheduled for Monday, December 6, 2010 FROM the DSS Offices, 113 Mayo street, TO the Central Orange Senior Center (Adjoining Triangle Sportsplex), 103 Meadowlands Drive, Hillsborough, N. C. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Agenda Recognition of Pink Campaign Sponsors The Board considered recognizing local business partners who were major contributors of money, goods or services to promote Breast Cancer Awareness through the Emergency Services Pink Campaign. Commissioner Jacobs said that he pulled this so that the County could express the appreciation for the sponsors. EMS Director Frank Montes de Oca said that this is the second year that EMS has recognized Breast Cancer Awareness Month. He recognized Sports Endeavors, PHE, Carolina Reporting Systems, Piedmont Electric Membership Corporation, and A Southern Season. These were the primary sponsors. Carolina Recording Systems was present. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to recognize local business partners who were major contributors of money, goods or services to promote Breast Cancer Awareness through the Emergency Services Pink Campaign. I. Contract with Hobbs Upchurch and Associates for Engineering and Design Services for Buckhorn-Mebane Economic Development District (EDD) Water and Sewer Extension Project— Phase II The Board considered awarding Request for Proposal #5164 and approving a contract in the amount of $192,000 with Hobbs Upchurch and Associates, P.A. of Southern Pines, NC for design services associated with the construction of water and sewer utilities for the Buckhorn-Mebane Economic Development District and authorizing the Chair to sign. Commissioner Gordon said that as she read through the agenda, she realized that there were some things in the contract that needed changing. Staff did change the recommendation in page three to insert, "subject to final review by staff and the County Attorney." She thinks this is helpful, but there are still some things that need to be addressed. She said that, in the future, the County Attorney should review these contracts before they are certified. John Roberts said that one of the things he was asked to do when he was hired was to get rid of the "subject to County Attorney review" statement and this has happened, for the most part. He said that this process was not followed in this case because this contract was not provided at agenda review. It was probably a misunderstanding because this department usually puts things forward ahead of time. He said that he does not review contracts beforehand that the Manager signs, but afterwards before signatures are completed. If this had been in agenda review, he would have seen it and it would not have come to the Board in this manner with all of the blanks. He said that he does review everything before it gets to the County Commissioners. Commissioner Nelson arrived at 7:09 p.m. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve awarding Request for Proposal #5164 and approving a contract in the amount of $192,000 with Hobbs Upchurch and Associates, P.A. of Southern Pines, NC for design services associated with the construction of water and sewer utilities for the Buckhorn-Mebane Economic Development District Water and Sewer Extension Project— Phase II, subject to final review by staff and the County Attorney, and authorized the Chair to sign. VOTE: UNANIMOUS 6. Public Hearings a. Public Hearing on the Issuance of Up to $9.9 Million of Qualified School Construction Bonds for the Chapel Hill — Carrboro City Schools and Orange County Schools The Board held a public hearing on the proposed issuance of up to $9.9 million of Qualified School Construction bonds for the Chapel Hill — Carrboro City Schools and Orange County Schools. Financial Services Director Clarence Grier introduced this item. In October, the Board approved proceeding with the preliminary steps necessary to seek Qualified School Construction Bond financing. Chapel Hill-Carrboro City Schools applied to the North Carolina Department of Public Instruction and received approval to use its 2010 QSCB allocation of $4.6 million for roofing projects at McDougle Middle School and various other projects. Orange County Schools applied and received approval to use its 2009 and 2010 QSCB allocations of $5.3 million for auditorium renovations at CW Stanford Middle School and various other projects. These bonds are tax credit bonds, which means that the County gets a rebate on the interest that it pays and it reduces the interest rate down to almost zero. The bank used will be BB&T. The net interest for the life of the loan will be $810,335. No public comment. Commissioner Gordon asked why the McDougle Elementary and Middle School roof replacements were necessary because they are fairly new schools. Commissioner Hemminger said that those roofs were all the rage when the schools were built, and the buildings are 15 years old. The roof material has now given out. It lived its life expectancy. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve the issuance of up to $9.9 million of Qualified School Construction bonds for the Chapel Hill — Carrboro City Schools and Orange County Schools. VOTE: UNANIMOUS b. Orange County Community Development Block Grant (CDBG) Program — FY 2010 Scattered Site Housing Rehabilitation Program - $400,000 The Board considered public comments regarding a proposed FY 2010 Housing Rehabilitation Program Application and approving a resolution authorizing the submission of the formal application document on November 15, 2010 and authorizing the Chair to sign. Shoshannah Sayers from Housing, Human Rights, and Community Development said that the County applies for this every three years. There was one small change, in that rehabilitation is now up to $40,000 per house, which will reduce the number of homes from eight to ten. Commissioner Yuhasz asked how people would become aware of the existence of this program. Shoshanna Sayers said that people are referred from JOCCA or DSS or have been involved in another one of their programs, such as the urgent repairs program. Frank Clifton said that the County uses public ads and public outreach through many of the housing programs. No public comment. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve a resolution, as amended, authorizing the submission of the formal application document on November 15, 2010 and authorize the Chair to sign. VOTE: UNANIMOUS 7. Regular Agenda a. Amendments to the Efland Sewer Resolution The Board considered several amendments to the Efland Sewer Resolution. Planning Staff Engineer Kevin Lindley said that there are three things. The first category includes amendments that are required because of new regulatory requirements through the permit through the State. Another big category includes operational issues and he cannot correct these inconsistencies at this time. Finally, there are some things that are new policies that are timely. Frank Clifton said that staff has met with users in the community to explain these amendments. He said that these amendments give the County a little more leverage with customers who may not be taking correct care of their systems. Commissioner Jacobs suggested listing the items that will be changed. Kevin Lindley listed these changes. Sections II. (B.) and II. (C.) of the ordinance are incorporating Hillsborough's waste water standards into the policy. Currently, the County's waste water flows to Hillsborough's treatment plant. The State permit requires that there be a fats, oils, and grease policy. It has to be enforceable. This would incorporate Hillsborough's fats, oils, and grease standards into the resolution. The amount of the deposit was changed from $30 to something equal to two months of sewer bills at 3,000 gallons. The minimum charge was a wording change. Regarding user responsibility, the County will give notice that the system is insufficient and give customers a certain amount of time to fix it. If it is not fixed within that time, then the County will repair it and charge it to the next sewer bill. Similarly, if there is a problem with the system that is causing sewage to flow onto the ground, the County will give notice in a similar way to get it fixed. The last two points are related to filling swimming pools and a leak adjustment policy. Commissioner Hemminger asked if customers would get their deposits back if they sold their home. Kevin Lindley said that if someone signs up, there should be a record kept of the amount of the deposit, and at the end of the service, if everything is paid up, then the full deposit would be refunded. Commissioner Hemminger asked if there were any exceptions for Habitat homes and Kevin Lindley said that he is unsure about this, but in the policy there are no exceptions at this time. Commissioner Gordon said that her comments are not about this list, but on page nine, Section IX, Extensions of the System, there is some terminology that may need to be updated (e.g., planned development, goal 9.3). Commissioner Jacobs asked about the deposit now and Kevin Lindley said that it would be about $70. Commissioner Pelissier asked about allowing 45 days for repair of an insufficient system. Kevin Lindley said that he was trying to be generous. PUBLIC COMMENT: Ben Lloyd made reference to the filling of swimming pools and the leak adjustment policy. He said that Orange-Alamance does all of the billing for the County, and he is Secretary/Treasurer of Orange-Alamance. He asked how this will be handled. Kevin Lindley said that the leak adjustment policy and swimming pools came from Orange-Alamance's current policy. Ben Lloyd said that this needs to be made clear to Orange-Alamance and Kevin Lindley said that he talked to staff earlier and said that he would update them after this public hearing. Commissioner Gordon said that the wording changes from her comments can be fixed by staff and the Board can approve this now. Commissioner Jacobs asked if the Manager perceived this as an ongoing process and Frank Clifton said yes. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve the amendments to the Efland Sewer Resolution and to request for staff to send a letter to the Habitat offices about the change in the deposit rates. Kevin Lindley said that a mailing will be sent out to all customers. VOTE: UNANIMOUS b. Follow-up on the November 2, 2010 Special Advisory Referendum Concerning the Levy of a One-Quarter Cent (1/4¢) County Sales and Use Tax and Discussion of Potential Next Steps Pending Outcome of the Referendum The Board considered follow-up actions on the November 2, 2010 Special Advisory Referendum Concerning the Levy of a One-Quarter Cent County Sales and Use Tax, and if approved by voters, discuss the next steps. Frank Clifton said that the Board had authorized the staff to spend up to $40,000 and they only spent around $36,000 for outreach about this referendum. The Chamber of Commerce ran a separate campaign from the County. The margin of difference was about 1,200 votes and there are still 400-500 provisional votes to be counted. He said that the County did a good job of informing the public, but these are difficult economic times. He said that the money was to go to future opportunities, and these things will have to be deferred or delayed. The reason that this was put on the ballot was to give the public a choice of this or increasing property taxes. Frank Clifton complimented Gwen Harvey on her work and The Jennings Firm for professional work on this campaign. Commissioner Yuhasz expressed his regrets that this did not pass but he wants the County to reaffirm the commitment to economic development. He said that it is critically important to support the economic development efforts. Commissioner Jacobs said that he was shocked when he was handing out literature at the polls that a lot of people had never heard of the referendum. He agreed with Commissioner Yuhasz about keeping a focus on Economic Development. He recommended adding this to the retreat or work session and looking at alternative structures with how they do things. He said that there is likelihood that at the next General Assembly, they may make significant cuts, and also take away the authority to have a '/4-cent sales tax or the transfer tax on a ballot in the future. He would like to find out the schedule for putting something on another ballot. He would also like to discuss whether it is even worth putting on the ballot again. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to have a work session or dedicate part of the retreat to discuss and further economic development issues. VOTE: UNANIMOUS Commissioner Gordon said that she thinks the County did a good job of getting the information out to the public and believes that the vote was related to the economic times. She said that next year there is a possibility for a %-cent sales tax for transit. Commissioner Pelissier echoed Commissioner Yuhasz's comments about economic development. 8. Reports-NONE 9. County Manager's Report Frank Clifton said that staff has initiated contact with the Town of Carrboro relative to the library site and began staff level work associated with the Zoning Text Amendment that would allow the County at some point to build a library on the site that the County has selected and approved for purchase. 10. County Attorney's Report John Roberts said that in 2009 the General Assembly put a stay on existing permits issued by departments in County government to aid developers who were being affected by the recession. This past session, the General Assembly extended that for an additional year. It was set to expire December 31, 2010. The new bill is that local governments can opt out of it. In an upcoming meeting, he will have a resolution where the County can opt out of this. He said that the Health Department would like to opt out because it would equate to about $35,000. The Planning Department does not want to opt out. Commissioner Yuhasz asked if it was possible to opt out for certain permits and stay on the others and John Roberts said that the act does not specify that this is possible. Commissioner Yuhasz said that his opinion is that there would be more reason to opt out where there are public health issues and not necessarily where there are regulatory permitting issues. 11. Appointments a. Animal Services Advisory Board — New Appointments The Board considered making two new appointments to the Orange County Animal Services Advisory Board. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to appoint Lori Lumpkin (At-Large, non-municipal) with a term expiring June 30, 2012; and Andy Uhl (Animal Handler) with a full term expiring June 30, 2013. VOTE: UNANIMOUS b. Chapel Hill/Orange County Visitors Bureau — New Appointments The Board considered making four new appointments to the Chapel Hill/Orange County Visitors Bureau. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint the following to the Chapel Hill/Orange County Visitors Bureau. Position Number Special Representation Expiration Date 4 — Laura Morgan UNC-Chapel Hill 12/31/2012 7 — Mike Gering Town of Hillsborough 12/31/2013 9 — Lydia Lavelle Carrboro Board of Aldermen 12/31/2013 11 — Mark Sherburne 0/C Lodging Association 12/31/2012 VOTE: UNANIMOUS c. Orange Unified Transportation Board — New Appointments The Board considered making new appointments to the Orange Unified Transportation Board. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to appoint the following to the Orange Unified Transportation Board. Position Number Special Representation Expiration Date 5 —Annette Jurgelski Eno Township 09/30/2013 6 — Dan Barker Hillsborough Township 9/30/2011 9 —Tommy McNeill Orange County Planning Bd. 9/30/2011 10 — Renee Price Commission for the Env. 9/30/2012 VOTE: UNANIMOUS d. BOCC Legislative Issues Work Group-Selection of BOCC Members (2) The Board considered selecting two BOCC members to be part of the Legislative Issues Work Group for 2011. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to select Commissioner Jacobs and Commissioner Pelissier to be BOCC members to the Legislative Issues Work Group for 2011. VOTE: UNANIMOUS 12. Board Comments Commissioner Nelson — none. Commissioner Hemminger said that yesterday she met with the Falls Lake Stakeholders for the Upper Neuse River Basin. Currently, there are 15 jurisdictions and several different groups monitoring various water supplies that empty into the basin, and none of this is coordinated at this point. This type of monitoring is not official or would not be accepted by the Division of Water Quality (DWQ). The stakeholders group has applied for a grant to enable this monitoring program to become official so that the results can be used as valid data in dealing with the DWQ. They would like to move the timeline up a year. This group will continue to meet. Commissioner Jacobs congratulated Commissioner Gordon on re-election and Commissioner-Elect McKee. Commissioner Jacobs said that in this room on November 10th at 9:30, the County will have its 2nd Annual Veteran's Day event, where it will honor members of the armed forces who have or are now serving. He thinks that Orange County has done very little to recognize veterans, and he hopes to do better. Commissioner Jacobs said that Triangle J Council of Governments at its last Executive Committee Meeting talked about the 50th anniversary event. They are trying to solicit issues and one of the things mentioned is looking at ways to team on purchases and other areas where money can be saved. Commissioner Jacobs made reference to the work session on outside agency funding and the report he requested regarding awards of grants to arts organizations. Part of the discussion was about how the County should get away from the assumption that if you had been funded in the past on a regular basis that you had every reason to think that it was automatic in the future. He made some requests: -He would like to see that information reorganized by recipient, by type of entity, and by frequency with which they have received awards. -He would like to see the annual report to the State on what the County's arts program is. He has never seen this in his 12 years of being a County Commissioner. -With State funds, there is supposed to be a percentage of awards that go to minority artists. He does not know if this is actually happening. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to request reports on these areas of interest, as stated above. VOTE: UNANIMOUS In her comments about the recent elections, Commissioner Gordon congratulated Commissioner-Elect McKee, Commissioner Jacobs, and the legislators at the State and Federal level. Commissioner Gordon said that Triangle Transit is working on locations for bus pass sales in Orange County. She said that beginning November 1st passes are available at the Hillsborough Town Hall Annex at 137 N. Churton St. in Hillsborough. They are available from 8-5 Monday through Friday. It includes regional five-day passes, 31-day passes, express 31- day passes, and $25 value card. The Town will process cash transactions only, but if there is enough demand, they might accept credit/debit transactions. Triangle Transit is also continuing to work with the Towns of Chapel Hill and Carrboro to establish additional sales outlets. Commissioner Gordon said that Triangle Transit continues to discuss the Triangle Regional Transit Program. Commissioner Gordon said that the Orange County Interactive Parks Locator is now available and it allows the public to search for parks and recreation facilities. This is located on the County's website. Commissioner Yuhasz said that the SWAB is working on recommendations to bring to all involved jurisdictions on the contents of the new interlocal agreement for solid waste. There should be something ready within the next 60 days. Commissioner Pelissier said that the Board has a scheduled retreat in February and in the past there has been a subcommittee that helps to plan the retreat. She said that she would like to serve on this subcommittee and would like to see two others join her. Commissioner Gordon and Commissioner Hemminger volunteered to be on the BOCC Retreat Planning Committee along with Commissioner Pelissier. Commissioner Pelissier said that yesterday there was a School Collaboration Meeting and the school boards agreed that they would present their capital projects in a similar format as the Board asked. There was also agreement that at the next meeting they would begin a discussion of alternative methods about making decisions about the overall school funding and moving away from the 48.1% goal that is now in place. 13. Information Items • October 19, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to go into closed session at 8:15 p.m. for the purpose of: 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 Frank Clifton said that if the Board approved it, he would like to invite Commissioner- Elect McKee into closed session and John Roberts said that this was allowed, but if there are Attorney-Client conversations, he would have to leave because he is not protected by the Attorney-Client privilege yet. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve inviting Commissioner- Elect Earl McKee into the closed session meeting. VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Nelson, seconded by Commissioner Yuhasz to reconvene into regular session at 9:25pm. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Yuhasz to adjourn the meeting at 9:25 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Acting Chair Donna S. Baker, CMC Clerk to the Board