HomeMy WebLinkAboutMinutes 11-16-2010 �
1 APPROVED 1/20/2011
2
3 MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 November 16, 2010
7 7:00 p.m.
8
9
10 The Orange County Board of Commissioners met in regular session on Tuesday,
11 November 16, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
14 Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier and Steve
15 Yuhasz
16 COUNTY COMMISSIONERS ABSENT:
17 COUNTY ATTORNEYS PRESENT: John Roberts
18 COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Managers
19 Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff inembers
20 will be identified appropriately below)
21
22 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
23 AGENDA FILE IN THE CLERK'S OFFICE.
24
25 1. Additions or Chanqes to the Aqenda
26 - Purple sheet- a revised agenda that includes a title change for item 4-k, To Adopt
27 Final Bond Resolution Authorizing the Issue of Limited Obligation Refunding Bonds in the
28 Maximum Amount of $101.6 million, and to Issue Additional $2 Million to Finance Computer
29 Hardware/Software and Communications Equipment.
30 - Buff and salmon sheets refer to item 7-b, Fairview Park— Draft Interlocal Agreement
31 with Town of Hillsborough
32 - Pink and blue sheets refer to item 11-a, Orange County Planning Board — New
33 Appointments
34 - Copy of email from Commissioner Gordon was related to item 7-c, Budget Process FY
35 2011-2012: Outside Agency Application Funding
36
37 PUBLIC CHARGE
38 The Chair dispensed with the reading of the public charge.
39
40 2. Public Comments
41 a. Matters not on the Printed Aqenda
42 NONE
43
44 b. Matters on the Printed Aqenda
45 (These matters were considered when the Board addressed that item on the agenda
46 below.)
47
48 3. Proclamations/ Resolutions/ Special Presentations
49
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1 a. Presentation of Comprehensive Annual Financial Report FYE 6/30/2010
2 The Board received the Comprehensive Annual Financial Report for the fiscal year
3 ended June 30, 2010.
4
5 Spokesperson from Martin and Starnes made a PowerPoint presentation. She said
6 that there was cooperation from the staff with the audit.
7
8 Orange County
9 2010 Audited Financial Statements
10
11 Audit Highlights
12 - Unqualified opinion
13 - No findings or questioned costs
14
15 Audit Process
16 - Planning and risk assessment
17 - Interim procedures
18 - Final procedures
19 - Year-round process
20
21 Budget vs. Actual General Fund
22
Budget Actual Variance
Revenues $177,578,024 $177,671,063 $93,039
Expenditures 174,825,408 167,852,563 6,972,845
Other financing (2,752,616) (8,537,393) (5,784,777)
sources (uses)
Change in fund - $1,281,107 $1,281,107
balance
23
24 Tax Collection Percentages
25 2009 — 98.75%
26 2010 — 98.63%
27
28 Fund Balance
29 Serves as a measure of the County's financial resources available.
30 - Assets — liabilities = fund balance
31 3 Classifications:
32 - Reserved
33 - Unreserved designated (Available)
34 - Unreserved undesignated (Available)
35
36 Fund Balance (General Fund)
Fiscal Yes 2009 Fiscal Year 2010 Change
Reserved $9,195,023 9,942,748 747,725
Unreserved, 1,988,442 401,673 (1,586,769)
designated
Unreserved, 18,977,470 21,097,621 2,120,151
undesignated
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Total Fund Balance $30,160,935 $31,442,042 $1,281,107
1
2 Fund Balance History (General Fund)
3 2009 - $30,160,935
4 2010 - $31,442,042
5
6 Unreserved Fund Balance as a percent of Expenditures — General Fund
7 2009 — 11.39%
8 2010 - 12.01%
9
10 Tables and graphs:
11 Several tables and graphs were presented. It was noted that the "Top 3 Revenues- General
12 Fund" were as follows
13
14 Taxes
15 (Ad Valorem and Local Option Sales)
16 Intergovernmental
17 Charges for Services
18
19 The "Top 3 Expenditures — General Fund" were as follows:
20
21 Education Expenditures
22 Human Services Expenditures
23 Debt Service Expenditures
24
25
26 Financial Reporting Change For 2011
27 The County's financial statements for 2011 will reflect an accounting standards change
28 regarding special revenue funds and fund balance reporting.
29
30 We will review the County's fund structure in the spring of 2011 and alert management of any
31 reporting changes that will be necessary.
32
33 Current State/Local Conditions
34
35 Summary of Responses to Recession
36 - 16 counties increase tax rate —Avg. of 3.3 cents
37 - 49 counties, of 95, cut budgets (again)
38 - 44 counties report hiring freeze
39 - 43 counties cut positions
40 - 1000+ fewer positions, on top of 2009-10 cuts of 1000
41 - 14 counties laid off existing employees
42 - 595 county workers lost jobs
43 - 7 counties implement mandatory furloughs
44 - Other actions include salary decreases, fewer paid holidays, decreased/stopped 401 k
45 - 25 counties, of 95 counties reporting, see decreased property valuations
46 - 31 of 100 counties see assessed value above market value (unprecedented in 20+
47 years of calculating market to av ratio)
48 - 2009-10 sales taxes nearly 5% below 2008-09
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1 - 2008-09 10% off 2007-08
2 - 48 counties rely on fund balance to help offset budget deficit in 2010
3 - 20 counties use fund balance to replace lottery funds
4 - 61 counties report using some or all of lottery funds for school debt service
5
6 What Does Our State Legislature Face?
7 The 2009-10 budget included:
8 - $1.3 billion in temporary taxes
9 - $1.6 billion federal stimulus dollars
10 - $0.3 billion in non-recurring budget reductions
11 - Summary: Static budget gap going into 2011-2012 $3.2 billion
12
13 What Do The State Problems Mean to Local Government?
14 - Expect "transformational" government at the State level
15 - Everything is on the table
16 - Local Revenue Options?
17 - Cuts (15%)/New Taxes/Tax Reform?
18 - Potential loss of 10,000+ state jobs
19 - Retirement System
20
21
22
23 Commissioner Gordon made reference to page 139 and the tests for compliance. She
24 asked why this was not part of the audit. Financial Services Director Clarence Grier said that
25 this is the way that it is normally done. It would be a separate audit to test the effectiveness of
26 the internal controls.
27 Commissioner Gordon asked clarifying questions about why the County was not
28 qualified as low risk and Clarence Grier said that Orange County could not be rated as low risk
29 since there were so many findings last year and there have to be two years without findings to
30 be low risk.
31 Commissioner Jacobs made reference to `V' and said that there is a mis-reference in
32 the report. This mentions the Public Works building as part of the County campus, and it
33 should be the Planning building.
34 Chair Foushee pointed out that the County has received a certificate of achievement
35 for excellence in financial recording.
36
37 b. Resolution Reqardinq Afqhanistan War and WarFare Fundinq
38 The Board considered adopting a resolution regarding the Afghanistan War and
39 warfare funding.
40 There were two resolutions before the Board for consideration. One was the original
41 resolution from a citizen, Mark Marcoplos, and the second was a resolution written by
42 Commissioner Gordon.
43 Frank Clifton said that this issue was before the Board before and was brought forward
44 by a citizen. The Board offered revisions, and these have been incorporated in this item.
45 Commissioner Gordon said that she had presented a revised resolution for
46 consideration if the Board decided to pass a resolution. She wanted a resolution that
47 acknowledged the service of the brave men and women who are serving our country in
48 Afghanistan and also the human life that has been lost. She said that this resolution is similar
49 to one that the Board of County Commissioners passed several years ago concerning the Iraq
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1 war. She said that there should also be an exit strategy for the Afghanistan war. She wants to
2 put an emphasis on the human cost of the war. She noted that her nephew had served three
3 tours of duty in Iraq as a Marine helicopter pilot flying casualty evacuation missions.
4
5
6 PUBLIC COMMENT:
7 Tim Suko said that when he got out of college he joined an organization whose
8 purpose was to support people such as the author of this resolution. He said that he served in
9 the armed forces for 26 years and he missed many family events over the years. He
10 appreciated Commissioner Gordon's comments because it is a family-oriented issue. He said
11 that the families suffer the most. He said that the people that serve in the armed forces do
12 serve voluntarily and he does not think that they would take issue with the author's taking a
13 stand on the issue. He disagrees with the statement that there would be no identified public
14 benefits by the service of the men and women in Afghanistan for the last nine years. He said
15 that if this statement were left in the resolution it would be a slap in the face to anyone that has
16 ever worn a military uniform. He said that the President has stated that a positive conclusion
17 of the war in Afghanistan is within the vital interests of the United States. He said that the
18 President feels that what the United States is doing over there is necessary and is of vital
19 interest to the country. He suggested that the author write a letter to the President rather than
20 a resolution. He recommended that the County Commissioners reject this resolution.
21 Mark Marcoplos thanked the County Commissioners for recognizing the human costs
22 of war. He said that the American public has come to understand that there are no public
23 benefits to war. He said that a recent CNN poll found that this war reminds people of Vietnam
24 and the United States needs to get out. He read an email that he sent to the Board of County
25 Commissioners earlier today.
26 "The number one issue that arises for local governments in a request that
27 communicates something related to foreign policy to the federal or state government is
28 whether or not it is appropriate. So, I hope that when you vote tonight, you stand up in support
29 of the use of Orange County taxpayer money for the Afghan war and express your belief that
30 there isn't an expenditure that is more valuable to us than local educational funding, social
31 services, environmental protection, business propagation; or that you stand tall with the
32 majority of County citizens who oppose the war, who understand the staggering waste of
33 resources and human life, who understand that our County and our society are suffering
34 problems that could be solved if our taxpayer money were spent to provide health, education,
35 and economic opportunity at home. In 2009, the Illinois state legislature voted to call for end of
36 the Iraq and Afghanistan wars. Carrboro recently passed a similar resolution. Several of you
37 voted for a resolution opposing the Iraq war a few years ago. Municipalities all across the
38 country have passed similar resolutions. These resolutions cause no harm to governments.
39 Please vote honorably, either for or against the resolution.
40 We live in extraordinary times. We are experiencing a society decline, a society in
41 which democracy has been corrupted to the point that only our elected officials bind us to real
42 democracy. The military industrial complex that Eisenhower warned us about has successfully
43 hi-jacked our government as enjoying unprecedented levels of war profiteering with our
44 money. If you send a message to Washington, your priority is beneath your constituents, and
45 you understand the futility of spending funds on this tragic war. That would be a powerful
46 message and an inspiration for those who value true leadership."
47
48 Charlie Cleary from Orange County spoke. He said that he and some ex-veterans
49 reviewed this resolution and they chose not to support it. He said that all of them are ex-
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1 veterans. He is a Vietnam veteran and he knows how people felt when they came back. He
2 said that they were told to come back to the United States not dressed in their uniforms
3 because they would be spat upon, and they were. He said that by not supporting your
4 veterans, you are telling them that all of the things that they have done are in vain. He asked
5 the County Commissioners not to support this resolution.
6 Ben Lloyd said that in his 80 years of calling Orange County home, four years was
7 spent in the service, 35 years was spent in some public and political involvement, and four
8 years was spent as a County Commissioner. He said that in this entire period, nothing in his
9 opinion has been as upsetting to him and as ridiculous as this resolution being considered. He
10 said that nobody likes war, but cutting off funds for the troops is not the answer. He said that
11 agreeing to do so sends a message to the Taliban, AI Qaida, and terrorists to come in and
12 take over. He said that he read an article in the Durham Herald in October where Iran and
13 Venezuela has formed a close partnership to establish a new world order that will eliminate
14 western dominance. He said that the intent of these groups is to kill us. The President
15 recently sent 30,000 more troops to end this situation over there. He suggested that the
16 County Commissioners let Congress and the military leaders handle it. He said that Colin
17 Powell was on Larry King Live last night and Colin Powell's statement was, "we must stay
18 engaged and not walk away." This resolution is walking away. He said that he is embarrassed
19 that a resolution such as this is even considered.
20 Bobby Nichols said that he represented the WW II veterans. He spent a couple of
21 years in the Navy. He did not do any fighting, but every person that he knows that has served
22 in the military was willing to die for their country. He said that this resolution was the wrong
23 thing to do. He said that terrorists are our big worry in this world now. He said that we need to
24 pay our servicemen, and he is opposed to putting this money into education or anything else.
25 He said that his son went to get a job and they told that him that he was overqualified.
26 Bill Ray is from the northern part of the County. He said that for Orange County to ask
27 the President to send 30,000 troops to Afghanistan and then deny him the money is ridiculous.
28 He did not know that Orange County was getting involved in national politics. He said that the
29 federal government should handle this. He said that he has been in the service three different
30 times and if the service men and women are not supported, the country will go down the drain.
31
32 Commissioner Hemminger said that she appreciated all of the dialogue on this. She
33 said that she is not inclined to support this.
34 A motion was made by Commissioner Hemminger, seconded by Commissioner
35 Yuhasz to not support this resolution.
36 Commissioner Gordon asked if this meant both of the resolutions and Commissioner
37 Hemminger said yes.
38 Commissioner Pelissier said that she appreciated this resolution that was brought to
39 them because it raises questions that the County Commissioners need to think about, such as
40 what kind of resolutions that this Board of County Commissioners will consider. She said that
41 she has thought about the resolutions that the County Commissioners have passed while she
42 has been on the Board. She said that she got confused about this resolution and whether it
43 was asking for increased monies locally or a moral statement on the funding of the war. She
44 said that Carrboro's resolution was more about finances. She does not think that the County
45 Commissioners should make resolutions about moral statements, but rather to advocate for
46 the health and welfare of Orange County residents. She does not see that this resolution is
47 supporting that.
48 Commissioner Jacobs said that he does not disagree with anything that has been said
49 by his colleagues. He said that there have been two times since he has been on the Board
50 where the County Commissioners passed resolutions that had to deal with national issues.
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1 One was a proposal to use the Sheriff to enforce a national immigration policy and the other
2 was to impose invading Iraq. He thinks that there are times when the Board can appropriately
3 make comments about issues that go beyond the borders of Orange County, but he also
4 thinks they have to be well-crafted, carefully thought out, and well-balanced. He does not think
5 that this particular resolution reprises to that level.
6 Commissioner Nelson arrived at 7:47 PM.
7
8 Chair Foushee said that in listening to Commissioner Pelissier's comments as they
9 relate to the health and welfare of the residents of Orange County, that she would add "safety"
10 to that list. She said that this is a serious concern, but putting forward this resolution would not
11 ensure the safety of citizens. She is not opposed to anyone speaking out about concerns.
12 Commissioner Nelson said that he does not have a problem supporting controversial
13 resolutions or resolutions coming from citizens. He said that this war has been screwed up
14 and the President is trying to resolve a mess that he did not create. He does not feel
15 comfortable supporting any resolution telling their leaders what to do.
16
17 VOTE: Ayes, 6; Nay, 1 (Commissioner Gordon)
18
19 Commissioner Yuhasz said that that this does bring up the issue as to how this Board
20 responds to petitions that are brought forth from citizens. He would like to include this at the
21 Board retreat.
22 A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
23 discuss this issue of how to handle petitions, resolution, etc. from citizens at the Board of
24 County Commissioners' next retreat.
25 VOTE: UNANIMOUS
26
27 4. Consent Aqenda
28 A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to
29 approve those items on the consent agenda as stated below:
30
31 a. Minutes
32 The Board approved the minutes from October 5 and 12 (5:30 and 7:00 p.m. meetings), 2010
33 as submitted by the Clerk to the Board.
34 b. Appointments — None
35 c. Motor Vehicle Property Tax Release/Refunds for$485.81
36 The Board adopted a refund resolution, which is incorporated by reference, related to 4
37 requests for motor vehicle property tax releases or refunds in accordance with NCGS.
38 d. Adjustment of Minimum Charqe for Health Department Dental Services to $30
39 The Board accepted the Board of Health's recommendation that the minimum charge for
40 dental services be increased to $30 and that the County fee schedule be revised accordingly.
41 e. Approval of Senior Lunch Caterer Contract Amendment with Nantucket Cafe, Inc.
42 The Board approved and authorized the Chair to sign the catering services contract
43 amendment with Nantucket Cafe, Inc.
44 f. Purchase of Mobile and Portable Radios from the North Carolina State Contract for
45 Sheriff's Department— $473,436.25
46 The Board authorized the purchase of one-hundred mobile radios (mounted in vehicle) and
47 seventy-five portable radios (hand held) at a total cost of $473,436.25 from Motorola of
48 Schaumberg, Illinois; and authorize staff to execute the necessary paperwork for the purchase
49 of the radios.
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1 g_ Grant Submittal to the Rural Advancement Fund International USA, Tobacco
2 Communities Reinvestment Fund, for the PLANT (a� Breeze Farm Enterprise Incubator
3 at the WC Breeze Family Farm Extension & Research Center
4 The Board authorized staff to submit a $30,000 grant proposal to the Rural Advancement
5 Fund International USA, Tobacco Communities Reinvestment Fund, for the PLANT @ Breeze
6 Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center.
7 h. Second Readinq: Amendment to the Oranqe County Personnel Ordinance Article IV,
8 Section 9.4 Supplemental Retirement f401(k)1 Employer's Contribution to Include 457
9 Plans as an Additional Contribution Option
10 The Board approved on second reading an amendment to the Orange County Personnel
11 Ordinance Article IV, Section 9.4 Supplemental Retirement [401(k)] Employer's Contribution to
12 allow the Orange County employer contribution to go to either an authorized 401 (k)
13 Supplemental Retirement Plan or 457 Deferred Compensation Plan effective January 1, 2011.
14 i. Terradotta.com Lease: 501 W. Franklin Street— Suites 105 and 106
15 The Board approved the lease renewals and authorized the Chair to sign the lease documents
16 as presented for Terradotta.com for the term December 3, 2010 through December 2, 2011 at
17 the following lease rates:
18 - Suite 105 - $10,400 per year
19 - Suite 106 - $6,060 per year
20 i Fiscal Year 2010-11 Budqet Amendment #4
21 The Board approved budget ordinance amendments for fiscal year 2010-11 for Housing and
22 Community Development, Solid Waste Enterprise Fund, Sheriff Department, and Department
23 on Aging.
24 k. To Adopt Final Bond Resolution Authorizinq the Issue of Limited Obliqation
25 Refundinq Bonds in the Maximum Amount of$101.6 million, and to Issue Additional
26 $2 Million to Finance Computer Hardware/Software and Communications Equipment
27 This item was removed and placed at the end of the consent agenda for separate
28 consideration.
29
30 VOTE ON CONSENT AGENDA: UNANIMOUS
31
32 5. Items Removed From Consent Aqenda
33 k. To Adopt Final Bond Resolution Authorizinq the Issue of Limited Obliqation
34 Refundinq Bonds in the Maximum Amount of$101.6 million, and to Issue Additional $2
35 Million to Finance Computer Hardware/Software and Communications Equipment
36 The Board considered a final bond resolution authorizing the issue of Limited
37 Obligation Refunding bonds in the maximum amount of $101.6 million, and to issue an
38 additional $2 million in financing for computer hardware/software and communications
39 equipment.
40 Commissioner Gordon said that since the County Commissioners received this item
41 late, she wanted to make sure that this is the same thing they discussed at a previous meeting.
42 Clarence Grier said that it is the same thing, except for one term change. Instead of
43 "general obligation bonds," it is "limited obligation bonds," which is the same thing as
44 alternative financing.
45 A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to
46 adopt the Resolution for Sale of Refunding Bonds, which is incorporated by reference, and
47 additional financing for computer hardware/software and communications equipment.
48 VOTE: UNANIMOUS
49
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1 6. Public Hearinqs-NONE
2
3 7. Reqular Aqenda
4
5 a. Oranqe County Schools Board of Education Resolution Reqardinq the
6 County's Capital Fundinq Policy and the Use of Lottery Funds
7 The Board considered approving a request from the Orange County Schools Board of
8 Education to dedicate Lottery proceeds to repay debt service and substitute general fund
9 revenues for Fiscal Year 2010-11 approved capital projects in order to expedite the process of
10 requesting lottery proceeds from the State and the contracting of approved capital projects.
11 Clarence Grier said that in October the Board approved this funding arrangement for
12 CHCCS, which allows them to use the lottery funds for debt service.
13 A motion was made by Commissioner Hemminger, seconded by Commissioner
14 Pelissier to approve a request from the Orange County Schools Board of Education to
15 dedicate Lottery proceeds to repay debt service and substitute general fund revenues for
16 Fiscal Year 2010-11 approved capital projects in order to expedite the process of requesting
17 lottery proceeds from the State and the contracting of approved capital projects.
18 VOTE: UNANIMOUS
19
20 b. Fairview Park— Draft Interlocal Aqreement with Town of Hillsborouqh
21 The Board considered a possible interlocal agreement with the Town of Hillsborough
22 regarding property exchanges, operations, and other issues at Fairview Park— including a
23 revised agreement from the Town of Hillsborough dated October 25, 2010.
24 Frank Clifton said that the Board approved an interlocal agreement and sent it to the
25 Town and the Town declined certain aspects of this agreement. He said that the County staff
26 worked with the Town staff to draft this agreement and he thought they were working under
27 the assumption that these issues had been worked out. Otherwise, the agreement is intact.
28 He said that it is important that if this park is going to open, that the other provisions of the
29 agreement are enacted and approved, including the transfer of properties and loaning entities.
30 He said that the Town has agreed to provide water and sewer services to the park.
31 Dave Stancil made reference to two handouts — buff and salmon — one is a copy of the
32 2004 Memorandum of Agreement from 11/2004. This was the original agreement that enabled
33 the creation of the Master Plan. Section three speaks to operation and maintenance
34 programming. He gave some history of the development of this park. The Town deleted some
35 of the provisions of the agreement:
36 - Section 2.a (the Town's $30,000 annual contribution to operating expenses)
37 - Section 3.b (Town police coordinated public safety response); and
38 - Section 4 (Periodic consideration of annexation of the park).
39 He made reference to the email from Mayor Tom Stevens, which outlines some
40 of the thought processes behind the Town's proposal. He said that there are still
41 pieces of this agreement that the Town will provide such as the land swap, the water
42 and sewer, the opening and closing of the gate, and trash pickup. The loss of the
43 $30,000 would have a serious impact on the County.
44 Commissioner Yuhasz made reference to paragraph three and Public Safety Coverage
45 and said that he does not see a difference between paragraph `a' and paragraph `b'. He
46 asked about the differences in these.
47 Dave Stancil said that the idea was that `b' was trying to note that the Town of
48 Hillsborough surrounds the park on three sides and it might make more sense for the Town
49 Police Department to take more of a role.
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1 Commissioner Hemminger said that it would be a shame if this park did not open. She
2 would like to find a way to make this happen for the public without the $30,000. She
3 suggested having a community meeting to discuss the issues and options that may be
4 available.
5 Dave Stancil said that there is an active community organization and this park is
6 maintained by Orange County's mobile crew and frequency may be an issue.
7 Commissioner Gordon said that this park has been a long time coming and they need
8 to figure out a way to open it. She said that the question is where to get the money and what
9 could be done for this park without the $30,000. She said that her understanding was that this
10 was the park that Hillsborough wanted to put on the bond referendum.
11 Commissioner Jacobs said that the County has insisted that this was a County park
12 and not a neighborhood park or a Hillsborough park. This was how it was presented to voters,
13 Hillsborough, and the residents of Fairview. He said that he thinks that this park in
14 Hillsborough is not related to the fact that it is in the County seat, and he thinks that the County
15 needs to have a policy of dealing with facilities within jurisdictions. He thinks that there should
16 be some sort of financial partnership, but there is no policy at this point. He said that the fact
17 that Hillsborough has committed to providing water and sewer is a good faith effort to be
18 partners with the County. He said that Commissioner Hemminger's comments about engaging
19 the community is a good idea, and to have other entities in the community to do the
20 programming instead of our staff would save money. He proposed raising this issue with the
21 Town when they meet in February. He said that he has confidence that if they re-visit this
22 issue, they can come to a better partnership financially.
23
24 A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
25 approve the revised interlocal agreement with the Town of Hillsborough regarding property
26 exchanges, operations and other issues at Fairview Park— including a revised agreement from
27 the Town of Hillsborough dated October 25, 2010.
28
29 Commissioner Nelson said that this issue is an open sore in the community and it is
30 time to move on. He said that a half a cent on a Town's tax rate is an unrealistic expectation.
31 He said that there might be a more realistic figure.
32 Commissioner Pelissier said that she is concerned about just leaving out the $30,000
33 and leaving the agreement as is. She suggested making the agreement for a shorter period of
34 time in order to have more discussion about this with the Town.
35 Frank Clifton said that the park cannot be open until the property exchanges take
36 place. He recommended that the Board approve the agreement and then talk more about this
37 in February.
38 VOTE: UNANIMOUS
39
40 Chair Foushee suggested that the Board of County Commissioners hear what the staff
41 has to say about opening the park and the costs.
42
43 b. Budqet Process FY2011-2012: Outside Aqency Application Fundinq
44 The Board considered approving a summary document intended to inform and facilitate
45 decision-making on funding allocations for Outside Agencies in FY2011-12.
46 Assistant County Manager Gwen Harvey said that this is a follow-up to the work
47 session on October 26th. She said that she redid the prologue, which is the guiding
48 documentation for this process. She also made the related revisions to the actual score card,
49 which is used by various staff groups and advisory boards. This is included in Attachments 1
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1 and 2. Attachment 3 is related to the revenue analysis conducted last spring as to what
2 percentage public funds constitute any particular agencies' whole budget. Attachment 4 has to
3 do with the overall analysis where County departments have an ongoing relationship, either
4 contractual, with an outside agency, or whether the County as a whole provides in-county
5 contributions. She said that Commissioner Gordon raised a question about being able to
6 insert a statement regarding funding an agency leverages County dollars because an agency
7 can provide services less expensively by the use of volunteers or other means.
8 Commissioner Gordon said that since she sent the email, she noticed a few more
9 things that she thought were put in the document by Commissioners. She thought that they
10 added, "it was desirable for the location of the delivery of services be in Orange County." On
11 the next page, "Ground for Funding Commitments," where it says "yes" and "no", and she
12 thought that they talked about there being exceptions to "no."
13 A motion was made by Commissioner Gordon to add language at the top of
14 Attachment 1 that, "it is desirable that the location for delivery of services is in Orange County,"
15 and then between Financial Need and Principal Partnership that, "funding the agency
16 leverages county dollars because the group can provide services less expensively, by the use
17 of volunteers or other means."
18 Commissioner Hemminger said that she has concerns about the location, such as the
19 Red Cross, because they still service Orange County residents, but they have to be physically
20 located in Durham right now. She is concerned about this restriction.
21 Gwen Harvey said that the Red Cross still has a physical presence on Ephesus Church
22 Road, but the headquarters is in Durham.
23 Commissioner Jacobs said that Triangle Wildlife Rehabilitation is in Durham and there
24 is only one office. This organization serves Orange County. He said that you could make the
25 argument that it is not cost-effective to have a place in Orange County. He would not want to
26 make a prohibition about funding an entity that was serving Orange County, but being more
27 efficient by being located elsewhere.
28 Chair Foushee said that the use of the word "desirable" should cover that.
29 Commissioner Nelson seconded the motion.
30 Commissioner Jacobs asked that this be put in writing.
31 Commissioner Gordon read it aloud again.
32 Commissioner Pelissier said that she is very pleased with what she sees here and this
33 helps clarify for the Board and for the agencies the County is funding. She asked how this is
34 going to be written up. She suggested making an introductory comment that says that the
35 County Manager incorporates feedback and documentation from the departments, the
36 advisory boards, and financial services, because that would add clarification to the process on
37 who is providing input and not just the criteria. She made a friendly amendment to incorporate
38 this as an introductory paragraph. This is on page 2.
39 Commissioner Gordon accepted the friendly amendment. This statement would be
40 added right before, "first and foremost."
41
42 VOTE: UNANIMOUS
43
44 Commissioner Jacobs made reference to page 6, Financial Need, and said that he
45 does not understand the part about "conversely." He asked for an explanation of what is
46 converse to what. Gwen Harvey said that it makes more sense to eliminate it under Financial
47 Need on the previous page and have the last bullet only. It is intended to say that one of the
48 ways in which the dollar limit for a single agency might be viewed is if that agency has
49 demonstrated a reliable, diverse funding stream of which governmental assistance is a small
�
1 portion. That criterion could be waived in considering what recommendation for that agency to
2 bring forward for the Board.
3 Commissioner Jacobs suggested doing away with everything from "conversely" through
4 "JOCCA".
5 Commissioner Jacobs made reference to page 7 and "Enables new initiative." He said
6 that this should just say, "i.e., the outside agency addresses unmet needs it perceives in the
7 County." Perhaps an existing agency might see a need and they change their mission. This
8 makes it sound like they would not be qualified in this case. He suggested taking out "a new
9 entry designed to...."
10
11 PUBLIC COMMENT:
12 Beverly Kennedy is the Executive Director of the Family Violence Prevention Center of
13 Orange County. She introduced Hudson Fuller, the Finance Manager. She said that they
14 consider themselves as partners with Orange County and Orange County is the only
15 population that the center serves. She said that she also hears that they should be working
16 towards having a shelter and providing other services, but there are no resources. She said
17 that she is not asking the County for funding. At this point, they do not know what direction to
18 take in their budget process and they would like to have a dialogue with the Board and other
19 human services agencies so that they can understand what is needed in Orange County and
20 will give them a more solid basis to use County money.
21
22 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
23 to change the Financial Need item on page 6 to read, "i.e., the Outside Agency fulfills an
24 important mission but requires government assistance to accomplish its service goals
25 (example: OE Enterprises); and the outside agency has demonstrated a reliable, diverse
26 revenue stream of which governmental assistance is a small portion (example: Child Care
27 Services Association). Also, on page 7, "Enables new initiative" will read, "i.e., the Outside
28 Agency addresses unmet needs it perceives in the County."
29 Commissioner Gordon said that on the financial need item, everything from "conversely'
30 to the end should be deleted. Commissioner Jacobs said that he would be fine with this.
31 VOTE: UNANIMOUS
32
33 Commissioner Gordon said that she did not know how to handle the sections with the
34 "yes" and "no."
35 Chair Foushee said to go to "Grounds for Funding Commitment."
36 Gwen Harvey said that the reason that it was drafted "yes" or"no" is because it is a
37 judgment call.
38 Commissioner Jacobs said to ask Gwen Harvey to come back with language to reflect
39 what she just said.
40 Commissioner Yuhasz said that his recollection was that the County Commissioners
41 wanted to move toward a zero-based approach. He thinks that any language that comes back
42 should emphasize that the zero-based approach is the default position and that only in
43 exceptional circumstances will the Board make a commitment to extend funding past one year.
44
45 Frank Clifton said that staff could bring back some clarification on the changes that
46 were made.
47
�
1 A motion was made by Commissioner Hemminger, seconded by Commissioner
2 Pelissier to approve the remaining items of the document, as amended, with the exception of
3 the Grounds for Funding Commitments.
4 VOTE: UNANIMOUS
5
6 8. Reports-NONE
7
8 9. County Manaqer's Report
9 Frank Clifton said that, in recognition of County employees, they just completed the
10 United Way Giving Campaign, and County employees raised more than 8% over last year's
11 giving.
12 He said that he just received word that the County received the North Carolina Energy
13 Efficiency Conservation Grant Award of $177,675 associated with the Link Center and its
14 geothermal heating and cooling system.
15
16 10. County Attorney's Report
17 John Roberts said that there is a memo from him regarding ethics requirements for the
18 County Commissioners and a copy of Orange County's Ethics Code. He encouraged the
19 County Commissioners to familiarize themselves with this.
20
21 11. Appointments
22 a. Oranqe County Planninq Board — New Appointments
23 The Board considered making new appointments to the Orange County Planning
24 Board.
25 A motion was made by Commissioner Jacobs to appoint Alice White to the Cedar
26 Grove Township position. There was no second.
27 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
28 appoint Alan Campbell to the Cedar Grove Township position with an expiration date of March
29 31, 2013.
30 VOTE: UNANIMOUS
31
32 A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
33 make Peter Hallenbeck the Cheeks Township representative ( keeping his term expiration date
34 of March 31, 2012), thereby making the new position an at large position, and to appoint
35 Andrea Rohrbacher to the At-Large position for an unexpired term ending March 31, 2012.
36 VOTE: UNANIMOUS
37
38 12. Board Comments
39 Commissioner Gordon made reference to the Metropolitan Planning Organization and
40 said that Karen Lincoln would be providing a short summary. She said that the comments on
41 the NC 54 Study are due December 10th. She said that there was stimulus money for Twin
42 Creeks but there was some delay in getting the bridge site approved, so an extension must be
43 requested for six months. She asked that the department be vigilant and try to get that back to
44 the County as soon as possible with the extension.
45 Commissioner Gordon said that there is a Partners group for Chapel Hill Transit and
46 they had a meeting today and discussed Leigh Village and the parking structure.
47 Commissioner Gordon said that there was a presentation awhile back about the
48 addressing system and an ordinance regarding the addressing system was discussed. She
49 asked about the status of this issue and would like an update.
�
1 Commissioner Jacobs suggested getting an update in the Manager's Memo.
2 The Board agreed.
3 Commissioner Nelson — none.
4 Commissioner Jacobs asked about the letters they were going to send to Caswell and
5 Person counties about the Hyconeechee library system and Frank Clifton said that the State
6 Library Director is also meeting with them. He will follow up on that.
7 Clarence Grier said that they met last week on the audit report and discussed the
8 issue.
9 Commissioner Jacobs said that the Board requested that letters be sent.
10 A motion was made by Commissioner Jacobs that letters go out immediately to
11 Person and Caswell Counties so that there is no misunderstanding.
12 Gwen Harvey said that she was also in attendance at the regional meeting of the
13 Hyconeechee Board and the decision by the regional library board was that the three library
14 directors for the three counties would meet and discuss the report that was provided by the
15 State librarian about the changes that are happening at the State level as it pertains to the
16 structure and the governance of a regional system. Each director would then bring back a
17 proposal as it relates to either the dissolution or the ultimate outcome of the regional library
18 system as it is known now.
19 Commissioner Jacobs said that the County Commissioners wanted to communicate
20 directly to the other elected officials. The letter would include that the Board of County
21 Commissioners of Orange County had questions about the continuance of the Hyconeechee
22 Library System and they wanted to bring it to the attention of the other elected officials so that
23 it was not a surprise.
24 Commissioner Hemminger seconded the motion.
25
26 Frank Clifton said that right now there is a lot of uncertainty about it all.
27 VOTE: UNANIMOUS
28
29 Commissioner Jacobs said that this Board sent several letters to the Orange County
30 School system requesting that it reconsider the rent that it was charging KidsCope because it
31 had invested in capital improvements in an Orange County School facility and had an
32 agreement that it would not have to pay rent of any substance. After two or three years,
33 Orange County got a letter from OCS saying that they have allowed KidsCope to pay one
34 dollar a year. He suggested sending a letter to the OCS thanking them for responsiveness
35 and consideration and recognizing that KidsCope plays a vital role in serving the young people
36 of Orange County.
37 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
38 send the letter as stated above.
39 VOTE: UNANIMOUS
40
41 Commissioner Jacobs said that at the last meeting or the one before that, there was
42 discussion that Chatham had referred to its Planning Board how to regard the notion of putting
43 extensions on subdivisions based on the recent General Assembly Act. Orange County had
44 always referred it to the staff. He suggested referring this to the Planning Board since it is a
45 planning issue.
46 Commissioner Pelissier said that there was an event today regarding the joint venture
47 between UNC and Orange County to take methane gas and convert it to energy for the
48 University's use. This is a win-win for the County and the University.
�
1 Commissioner Hemminger said that the Community Home Trust is going to be
2 showing It's a Wonderful Life at the Varsity Theater and it's a free event with donations
3 accepted. This will be on Friday, December 3�a
4 Commissioner Yuhasz made reference to the State legislation to allow counties to
5 extend referral to the Planning Board and said that the County Commissioners had asked the
6 Attorney to look at the possibility of dividing that between health-related issues and planning
7 issues. He expects that the health recommendations should go to the Board of Health.
8 Chair Foushee said that the Veteran's Day celebration was held last Wednesday and
9 it was very rewarding and heart-warming.
10 Chair Foushee acknowledged the receipt of two resolutions from the Towns of Chapel
11 Hill and Carrboro suggesting that the Board might reconsider its position on consolidation of
12 dental services in Hillsborough. She said that, for her, she does not know what the County
13 would do in terms of reconsidering that decision unless there was new information that would
14 suggest that there was a way that they might be able to offer those services with a donated
15 facility or some more funding.
16 Commissioner Gordon said that she would like to see it reconsidered. There were
17 other options and solutions related to transportation, vouchers, etc. that were not considered.
18
19 13. Information Items
20
21 • November 4, 2010 BOCC Meeting Follow-up Actions List
22 • Central Efland and Northern Buckhorn Sewer Expansion Project Update
23
24 14. Closed Session
25 A motion was made by Commissioner Hemminger, seconded Commissioner Nelson by
26 to allow Commissioner Elect Earl McKee to attend the closed session.
27 VOTE: UNANIMOUS
28
29 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
30 to go into closed session at 9:11 p.m. for the purpose of:
31
32 "Pursuant to N.C.G.S. 143-318.11(a)(3): "To consult with an attorney employed or retained by
33 the public body in order to preserve the attorney-client privilege between the attorney and the
34 public body, which privilege is hereby acknowledged."
35
36 Pursuant to NCGS 143-318.11(a)(5):"To establish, or to instruct the public body's staff or
37 negotiating agents concerning the position to be taken by or on behalf of the public body in
38 negotiating (i) the price and other material terms of a contract or proposed contract for the
39 acquisition of real property by purchase, option, exchange, or lease."
40
41 "To discuss matters related to the location or expansion of industries or other businesses in the
42 area served by the public body, including agreement on a tentative list of economic
43 development incentives that may be offered by the public body in negotiations," NCGS § 143-
44 318.11(a)(4).
45 VOTE: UNANIMOUS
46
47 RECONVENE INTO REGULAR SESSION
48
�
1 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
2 reconvene into regular session at 10:25 p.m.
3 VOTE: UNANIMOUS:
4
5 15. Adjournment
6 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
7 adjourn the meeting at 10:25 p.m.
8 VOTE: UNANIMOUS
9
10 Valerie Foushee, Chair
11
12 Donna S. Baker, CMC
13 Clerk to the Board