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HomeMy WebLinkAboutMinutes 12-06-2010,~ APPROVED 2/1/2011 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 6, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 6, 2010 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, 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) Resolution of Commendation for Commissioner Mike Nelson A motion was made by Commissioner Foushee seconded by Commissioner Jacobs to adopt a resolution of commendation for Commissioner Nelson. Chair Foushee read the resolution. VOTE: UNANIMOUS Orange County Board of Commissioners Resolution of Commendation For Commissioner Mike Nelson WHEREAS, the voters of Orange County elected Mike Nelson to the Board of County Commissioners in 2006; and, WHEREAS, Mike Nelson has served the residents of Orange County as a dedicated public servant for many years, and served with distinction as their County Commissioner for the past four years, including election by his peers as Vice-Chair of the Board of County Commissioners in 2009; and, WHEREAS, Commissioner Nelson has given freely and unselfishly of his time and energy and through his foresight and leadership, helped promote progressive changes and improvements in the operations and services of Orange County government; and, WHEREAS, during his tenure as an Orange County Commissioner, Mike Nelson has shared his talent for leadership and public service through his work on numerous committees, boards, and task forces including the Animal Services Advisory 1 ,~ Board, Commission for Women, Arts Commission, and the Library Services Task Force, among others; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners officially commends Mike Nelson for his years of distinguished service, looks forward to his continued contributions to the community, and wishes him the very best in his future endeavors. BE IT FURTHER RESOLVED that this resolution be presented to Mr. Nelson, and that the Resolution be spread upon the minutes of this meeting, the sixth day of December, 2010. Oaths of Office for Board Members • JUDGE BUCKNER ADMINISTERED THE OATHS a. Alice M. Gordon b. Barry Jacobs c. Earl McKee Commissioner Foushee asked the newly elected Commissioners to make comments. Commissioner Gordon thanked everyone who supported her, especially her husband and family. Commissioner Jacobs said that he is very appreciative of the opportunity to serve the citizens of Orange County for another four years. He thanked the spouses that were in attendance tonight, especially his wife, Robin. He thanked Commissioner Foushee for doing such a great job as Chair. Earl McKee thanked everyone who supported him during his campaign. He thanked his wife, Sandra, and his family. Board Organization a. Election of Chair and Vice-Chair Chair -Bernadette Pelissier (7-0) Chair Pelissier thanked Commissioner Foushee for her two years of serving as Chair. She thanked her colleagues for the vote of confidence. Vice-Chair -Steve Yuhasz (7-0) Commissioner Yuhasz thanked the County Commissioners for voting for him. b. Desianation of Votina Deleaate for all NCACC and NACo Meetinas for Calendar Year December 1, 2010-2011 Chair Pelissier said that usually this has been the Chair of the Board, but Commissioner Foushee has expressed interest in doing this and she supports this. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to elect Commissioner Foushee as the Voting Delegate for all NCACC and NACo Meetings for Calendar Year December 1, 2010-2011. VOTE: UNANIMOUS 2 ,~ Appointments a. Manager A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Frank Clifton as Manager. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to appoint Donna S. Baker as the Clerk to the Board. VOTE: UNANIMOUS c. County Attorney A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to appoint John Roberts as County Attorney. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda The Chair went over the items at the County Commissioners' places. • Peach -Item 3-b, Planned Joint Summer Camp with Chapel Hill-Carrboro YMCA - hand out from Dave Stancil • Lavender -revised Item 4-e, Applications for Property Tax Exemption/Exclusion - abstract package • Rose -Item 4-m, Outside Agency Application Funding: Feedback and Direction - options to address comments by Commissioner Jacobs regarding outside agencies • Yellow -Item 4-n, Proclamation from Human Relations Commission for Human Rights Week, Human Rights Day and Bill of Rights Day -revised proclamation • Buff -revised Item 7-b, Update and Additional Action on the $103.6 Million Limited Obligation Bond Issuance to Refund Various Debt Obligations of the County and to Finance the Purchase of Equipment • Pink -Board comments items • White -Resolution regarding OWASA's Draft Forestry Plan as an informational item PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Randall Williams said he is involved with community groups who are concerned about water quality in the Cane Creek Reservoir. He said that last month OWASA unveiled a forest 3 ,~ management plan for 1,900 acres, most of which are in Orange County. The plan calls for logging and herbicidal spraying of hundreds of acres around the Cane Creek Reservoir. The plan does not consider the unique circumstances that logging around a public water supply presents. He said that about 150 citizens showed up to a public meeting last week, including two of the County Commissioners. It became clear that the plan is a commercial forestry plan that did not take into consideration the critical and protected watershed. The five OWASA Board members were not fully informed of the risks and had to delay the decision to proceed to collect more information. He said that this response was encouraging. He encouraged the County Commissioners to pass a resolution stating official concern about this logging plan. He said that it was important to send this to OWASA by the company's January Board meeting. He said that he also submitted a document listing 20 reasons why this plan is not right for Orange County. He also submitted some pictures of the Wildlife Mitigation Tract off Buckhorn Road, which True North clear-cut for OWASA earlier this year. He said that the result of this was horrifying and incongruous with OWASA's aims of protecting local water quality. He made reference to a website devoted to this issue: www.chapelhillwater uality com. He asked the Board to please pass this resolution. The resolution is as follows: Resolution Regarding OWASA's Draft Forestry Plan for the Cane Creek Protected and Critical Watersheds Prepared for the Orange County Board of County Commissioners WHEREAS, OWASA's primary mission is to provide water and sewer services to Chapel Hill, Carrboro, and portions of southeastern Orange County; WHEREAS, Cane Creek Reservoir is the Chapel Hill-Carrboro community's primary water source and represents a $20 million investment by OWASA and other entities including the taxpayer-funded Clean Water Management Trust Fund; WHEREAS, in April 2007, the OWASA Board of Directors adopted a sustainability policy which included permanent protection of the watershed and wildlife; minimizing land disturbing activities and mitigating their effects; and restoring and enhancing the natural quality of land under OWASA's control that has been degraded by OWASA's operations or others. WHEREAS, the consultant who drafted the "forestry management" plan for OWASA specializes in community forestry operations and did not sufficiently consult with independent environmental experts, ecologists, and water quality experts, and therefore the plan does not meet OWASA's primary sustainability goals for water quality. THEREFORE, be it resolved that the Orange County Board of County Commissioners will: 1. Request that the OWASA Board of Directors reject the draft forestry plan and replace it with a program targeted to improve water quality. 2. Ask OWASA to form an ad hoc citizen board consisting of water quality specialists, environment specialists (wildlife, aquatics, plants, cultural heritage), legal and business professionals, reservoir neighbors, and OWASA customers. 3. Send this signed resolution to OWASA before OWASA's January board meeting. Chair Pelissier said that the Board is concerned about water quality and it will refer this resolution to staff. 4 ,~ A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger that this resolution be brought back to the next BOCC meeting. Commissioner Jacobs said that he was going to suggest that OWASA come and make a presentation to the Board of County Commissioners on January 20, 2011 before making a decision. This would also give reasonable time for the staff to research this. He would also like the Commission for the Environment to come back with their observations and recommendations. Substitute motion: A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to ask OWASA to come and make a presentation to the Board of County Commissioners on January 20, 2011 and direct the staff to analyze the forestry plan, and ask the Commission for the Environment to come back with observations and recommendations, if there is time. Commissioner Foushee accepted the substitute motion. Commissioner Gordon asked if OWASA has made a decision yet. Commissioner Jacobs said to convey to OWASA that this is the Board of County Commissioners' intention. OWASA is meeting on December Stn Commissioner Gordon said that it might make sense to get a report back on the topic on December 14th because it is unclear in her mind what the timeline is and they should not be precipitous. Commissioner Foushee said that not knowing when OWASA will make a decision and since the BOCC does not meet again until late January, it would be helpful to hear at the next meeting any information the staff can bring forward. Commissioner Hemminger suggested asking an OWASA Board member to come to the Board of County Commissioners' December 14th meeting. Commissioner Jacobs said that he does not believe that OWASA is on the fast track. He said that he emailed OWASA Director Ed Kerwin suggesting that OWASA make a presentation and Mr. Kerwin indicated that there was not a timetable for adopting. He said that he would be willing to add to the motion to ask OWASA not to adopt its plan until subsequent to the time that the Board of County Commissioners gets a presentation. Commissioner Gordon said to check with OWASA what the timeframe is, just to make sure. Chair Pelissier said that this could be added to the letter. VOTE: UNANIMOUS (as amended) 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. Introduction of 2010 Piedmont Laureate The Board received a brief selection from the Orange County novelist Zelda Lockhart the 2010 Piedmont Poet Laureate. Martha Shannon introduced Zelda Lockhart the Piedmont Laureate. This is the 2nd year of the Piedmont Laureate program, which is co-sponsored by the Orange County Arts Commission, the City of Raleigh Arts Commission, Durham Arts Council, United Arts Council of Raleigh and Wake County, Alamance County Arts Council, and the Johnston County Arts Council. She thanked the Board of County Commissioners for allocating the funds for this special program. She said that throughout the year, Ms. Lockhart has presented public readings and workshops in Orange, Durham, Wake, Alamance, and Johnston Counties to expand the appreciation of literature in the Triangle area. She is author of the critically- 5 ,~ acclaimed novel, Fifth Born, which was a 2002 Barnes and Noble Discovery Selection. Her second novel, Cold Running Creek, was published in 2007 and won a 2008 Honor Fiction Award from the Black Caucus of the American Library Association. In 2010, her third novel, Fifth Born II -The Hundredth Hurdle, was released Ms. Lockhart read a short children's story -The Follower. b. Planned Joint Summer Camp with Chapel Hill-Carrboro Y The Board received plans from staff fora 2011 summer camp collaborative venture between the Department of Environment, Agriculture, Parks and Recreation and the Chapel Hill-Carrboro Y and provided feedback as desired. Environment and Resource Conservation Director Dave Stancil presented plans for a joint summer camp between Orange County and Chapel Hill- Carrboro Y. He made reference to the peach-colored sheet in reference to concerns about the activities at the camp. This camp would be held at the Efland-Cheeks Community Center and Park through the summer. It is a seven-week summer camp for rising 1St grade to 7th grade children. The Y is prepared to offer financial assistance as is DSS. There is also a plan to provide transportation. He introduced Jerry Horton, CEO of the Chapel Hill-Carrboro Y. Jerry Horton said that he is very excited about the possibility of coming to the northern part of the County. Commissioner Hemminger thanked Mr. Horton for this collaborative effort. Commissioner noted the reference to devotion time every morning. It is in the context of the organization's four core values: caring, honesty, respect, and responsibility. He said that there would be no religious theme, reference, or activity associated with the devotion. Jerry Horton said that this is true. The goal is to involve everybody in their camp. Commissioner Jacobs asked about the use of the Efland Community Center and how it would work with current usage of the center. Dave Stancil said that it would be coordinated with the current usage of the building. It will not displace any programs. Commissioner Jacobs suggested making sure that people in the Efland community know that Orange County is going to have this camp. Dave Stancil said that there would be outreach and advertisement in the community. Commissioner Jacobs made reference to page 5 and that campers will be providing their own lunches. He asked about those with scholarships and how that would work for campers who cannot afford this. Jerry Horton said that with the number of children served in Orange County and Chatham County, they have never run into a situation where a child could not bring their own lunch. If this occasion came up, they would deal with it with the same concern and would make sure that the child is not singled out. Commissioner Jacobs asked Dave Stancil if he envisioned this as a model for other non- profits in the community that want to provide programming at County facilities without necessarily the County incurring costs. Dave Stancil said that this is something that can be looked at. The idea was to create a pilot project. Chair Pelissier asked how it would be determined that this pilot project was a success and Dave Stancil said that at the end, they will evaluate the program. Chair Pelissier asked that this information be provided to the Board. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve this proposal. VOTE: UNANIMOUS c. Certificate of Achievement for Excellence in Financial Reporting 6 ,~ The Board considered recognizing the staff of the Orange County Financial Services Department for earning the Government Finance Officer's Association (GFOA) Certificate of Achievement for the June 30, 2009 Comprehensive Annual Financial Report (CAFR) and presented the plaque. Financial Services Director Clarence Grier said that this marks the 19th year that Orange County has received this award. He introduced his Finance staff: Howard Fitz, Accountant Michele Brooks, Accounting Technician Shari Rasberry Katina Perry David Cannell He said that his staff worked hard to clean up all of the audit's comment for 2009-10. Commissioner Foushee read the plaque. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve those items on the agenda as stated below: a. Minutes The Board approved the draft minutes from the October 19, 2010 BOCC Regular Meeting and the October 26, 2010 Budget Work Session. b. Appointments -None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 35 requests for motor vehicle property tax releases or refunds. d. Property Tax Releases or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to 30 requests for property tax release or refund. e. Applications for Property Tax Exemption/Exclusion The Board approved a resolution, which is incorporated by reference, approving sixteen (16) untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year. f. Examination of Bonds The Board maintained bonds at their present levels. g_ Senior Orange County Staff Ethics Policy This item was removed and placed at the end of the consent agenda for separate consideration. h. Acceptance of a $193,100 Energy Efficiency Community Block Grant Program Transportation Grant and Approval of Budget Amendment #4-A This item was removed and placed at the end of the consent agenda for separate consideration. i. Operational Agreement -Orange Soil and Water District The Board approved an Operational Agreement regarding the role of federal, state, County and Orange Soil and Water District staff, including administrative practices and a Partnership Initiative between the District and County. L Requests for Road Additions to the State Maintained Secondary Road System The Board approved making a recommendation to the North Carolina Department of Transportation (NCDOT) concerning petitions to add subdivision roads in Beechridge 7 ,~ Subdivision (Cooper Beech Ct.), Woodlands Subdivision (Nine Gate Rd., Woodgate Dr., Stonegate Dr., Summergate Circle) and Efland Estates Subdivision (Gregg St.) to the State Maintained Secondary Road System. k. Interlocal Agreement between Town of Hillsborough and Orange County for Stormwater Program Management and Erosion Control Services This item was removed and placed at the end of the consent agenda for separate consideration. I. Schools Adequate Public Facilities Ordinance (Schools APFO) -Approval of Membership and Capacity Numbers The Board approved the November 15, 2010 membership and capacity numbers for both school districts (OCS and CHCCS) which will be used in developing 10-year student membership projections and the 2011 SAPFO Technical Advisory Committee (SAPFOTAC) Report. m. Outside Agency Application Funding: Feedback and Direction This item was removed and placed at the end of the consent agenda for separate consideration. n. Proclamation from Human Relations Commission for Human Rights Week, Human Rights Day and Bill of Rights Day This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Agenda g_ Senior Orange County Staff Ethics Policy The Board considered the adoption of an ethics policy for senior staff of Orange County. Commissioner Yuhasz said that the Attorney has revisions to the ethics policy and he also has concerns about a staff disclosure statement in the document and what is expected. He asked the County Attorney to speak to these changes. John Roberts said that the disclosure statement will include whatever the Manager suggests or approves. The changes are references to the Clerk to the Board of County Commissioners, Section 7, Subsection 2. This is a change from the Clerk to the Board of County Commissioners to the Human Resources Department. This is a personnel document and the Human Resources Department should maintain it. The only other changes would be Article 4, Subsection 2, Verification and Disclosure. He said that this paragraph needs to be modified. He read his recommendation for the changes: "Annually on or prior to the 31St day of December, senior staff members shall file with the Human Resources Department the Orange County Senior Staff Disclosure Statement. The Human Resources Department shall maintain these disclosure forms and shall notify the County Manager if senior staff other than the County Manager, Clerk to the Board, and County Attorney fail to file a disclosure form. The Human Resources Department shall notify the Board of County Commissioners if the County Manager, Clerk to the Board, or County Attorney fail to file a disclosure form. Such disclosure forms are and shall remain confidential personnel records." Commissioner Hemminger suggested bringing this item to another meeting back with changes. ,~ Commissioner Gordon said that she submitted additional commentary too and she reviewed it. She said it appeared to her that this senior staff ethics verbiage does not track with the Board of County Commissioners' ethics policy. Her main concern is that this language is not similar. She pointed out several things in the language where she had questions, which were noted by staff. John Roberts said that this was on an earlier work session and there were no comments and that is why it got placed on a regular agenda. He suggested putting it back on a work session if there are so many comments. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to put this on a future work session. VOTE: UNANIMOUS h. Acceptance of a $193,100 Energy Efficiency Community Block Grant Program Transportation Grant and Approval of Budget Amendment #4-A The Board considered formally accepting a $193,100 Energy Efficient Community Block Grant (EECBG)Program Transportation grant to purchase food processing equipment for the Piedmont Food and Agricultural Processing Center and approve Budget Amendment #4-A. Commissioner Jacobs said that he asked to pull this so that they could highlight this creative $193,000 energy efficient block grant. He recognized the work of Dottie Schmitt, Noah Rannells, and Jeff Thompson. He said that this grant will go to the Piedmont Food and Agricultural Processing Center on the basis that it will emphasize a reduction in high-carbon food miles traveled by many locally-consumed products from corporate centers of production to the final consumer. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to formally accept the awarded $193,100 Energy Efficient Community Block Grant (EECBG) Program Transportation Grant; authorize the County Manager to sign any necessary grant documents; and approve Budget Amendment #4-A to the Piedmont Food & Agricultural Processing Center Capital Project for the purchase of food processing equipment. VOTE: UNANIMOUS k. Interlocal Agreement between Town of Hillsborough and Orange County for Stormwater Program Management and Erosion Control Services The Board considered the approval of an updated Interlocal Agreement to continue implementation of the stormwater and erosion control programs for the Town of Hillsborough by Planning and Inspections' Erosion Control Division. Commissioner Gordon said that there was a financial analysis with this. The County always strives to get full cost recovery and she did not see overhead mentioned in the abstract. Erosion Control Supervisor Ren Ivins said that this includes the overhead. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve the Interlocal Agreement and authorize the Chair to sign the Interlocal Agreement. VOTE: UNANIMOUS m. Outside Agency Application Funding: Feedback and Direction The Board considered approving the final summary document revision intended to inform and facilitate decision-making on funding allocations to Outside Agencies in FY 2011-12. Commissioner Jacobs made reference to page 4 and "Grounds for Funding Commitments," and he suggested that there be more clarity in the second sentence. He suggested the following language: "While Outside Agencies may wish for a fairly consistent and predictable 9 ,~ revenue stream, the BOCC makes annual allocation decisions on the basis of policies and provisions as set forth in this document." A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the change in language as stated above. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to approve the summary document to inform and facilitate decision making for Outside Agency funding allocations. VOTE: UNANIMOUS n. Proclamation from Human Relations Commission for Human Rights Week, Human Rights Day and Bill of Rights Day The Board considered approving a proclamation recommended by the Human Rights Commission recognizing Human Rights Week, Human Rights Day, and Bill of Rights Day. Commissioner Jacobs recognized HRR staff James Spivey and HRC Chair Bryant Colson and Mr. Colson read the revised resolution. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION Human Rights Week, Human Rights Day, and Bill of Rights Day WHEREAS, on December 10, 1948, the member States of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems agreed on the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in connection with the Universal Declaration of Human Rights; and WHEREAS, Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and WHEREAS, The North Carolina Convention, held in Hillsborough, which was instrumental regarding the inclusion of the Bill of Rights for ratifying the United States Constitution; and WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press as well as freedom of religion and association; and WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due process of law and establishes fundamental rules of fairness in judicial proceedings, including the right to trial by jury; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in Orange County, and each of us can play a major role in enhancing human rights; and 10 ,~ WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace;" NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North Carolina, do hereby proclaim December 10 - 16, 201 O aS HUMAN RIGHTS WEEK and December 10, 2010 aS HUMAN RIGHTS DAY and December 15, 201 O aS BILL OF RIGHTS DAY in Orange County and challenge residents to study and promote the ideas contained in these documents to the end that freedom, justice, and equality shall not perish but will flourish and be made available to all. THIS THE 6th DAY OF DECEMBER, 2010. Commissioner Foushee said that the Bill of Rights proclamation will be read on December 10th at 12:00 noon on the courthouse steps in downtown Chapel Hill. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adopt the Proclamation regarding Human Rights Week, Human Rights Day and Bill of Rights Day and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS Bryant Colson congratulated all of the newly elected Commissioners and thanked Commissioner Foushee for her chairmanship and the newly elected officers and the appointments of the Manager/County Attorney/Clerk. 6. Public Hearings-NONE 7. Regular Agenda a. Whitted Building Health and Dental Clinic Project Approval The Board considered approving the Health and Dental Clinic renovations at the Whitted Building and the associated estimated project costs. Asset Management and Purchasing Services Director Pam Jones said that the purpose of this is to review the plans for the expansion of the dental and health clinics at the Whitted Building. There will be increased patient flow and more amenities. The original plan was to use the existing space almost like it was and to relocate to the Hillsborough Commons facility. Since the County chose not to purchase this facility, the Whitted Building will be made more serviceable for a longer period of time. The timeframe for the plans is a 7-10 year service, which will probably mean 12-15 years of service. The primary concern at the Whitted Building is the structural integrity of the building. In November, the Board agreed to continue conversation with the Town of Hillsborough to look at the building for use by the arts community. Corley Redfoot Zack has formulated the floor plan and the project should be completed by mid-June. The project will be funded from Medicaid Maximization Settlement funds. 11 ,~ Ken Redfoot made a presentation of the floor plan in detail. He said that the plan has been carefully analyzed by staff and he feels very good about how it is functioning. Commissioner McKee said that his understanding of closing the facility in Carrboro was for cost savings. He sees a cost savings of approximately $113,000 and a resulting expense of $1.47 million. He said that there is a disconnect here. Pam Jones said that part of it is that the dental clinic was part of the space study that was started in 2000. The existing clinic is maxed out in space and the amount of patients and there is old technology that needs to be updated. The plan had been to move the dental clinic to a bigger area since the year 2000. It is not because of a cost savings, but because of the need for space. Another part of it was that the space is being leased. Commissioner Jacobs said that, in fairness to Commissioner McKee, he thought this was a very incomplete agenda abstract. He said that under Financial Impact, there is no commentary about where this money came from and what it is. He said that if the County is seriously considering trying to pursue a different facility (i.e., UNC Hospital branch in Hillsborough), then he does not understand why this renovation should last 12-15 years. Health Director Rosemary Summers said that the future of the UNC expansion is uncertain at this point and does not warrant the County delaying this project. She said it is an uncertain time now, but what is certain is that the safety net providers such as Piedmont Health Services and the Health Department are likely to see more patients than any other sector in health care. If health care reform moves forward at all, there will be many more people with limited health insurance available. Commissioner Jacobs said that the Board has also asked how they were going to improve efforts to get clients from the southern part of the County to Hillsborough. He asked staff to continue to update the Board of County Commissioners on this. Rosemary Summers said that staff is working on several fronts with this issue -bus vouchers, etc. They also have started communications with their more challenged communities in that area. The biggest concern from clients is that they have been misinformed or they thought that there would be new staff providing services. When clients heard that it would be the same staff as in Carrboro, they were relieved and said that they would continue receiving services in Hillsborough. There have not been many comments regarding transportation so far. Frank Clifton said that this issue will be brought back to the Board of County Commissioners for more discussion later on. Commissioner Gordon said that she did ask many questions of the staff by email and she would like these questions, with staff answers, to be entered into the record. She said that she was very surprised at the price tag and the scope. She read her emails into the record as follows: Greg, Thank you. When answering my question in B-1, staff indicated that the square footage information would come later. In the answer to that question, it would be important to indicate how much of the square footage is for the health clinics and dental clinic, and in what parts of the Whitted Building these clinics would be located. Thanks again. Alice Gordon 12 ,~ On 12/6/10, Greg Wilder <gwilder@co.orange.nc.us> wrote: Commissioner Gordon: Please see below responses in BOLD. Greg -----Original Message----- From: Alice Gordon [mailto:gordon.alice(a~gmail.com] Sent: Friday, December 03, 2010 4:26 PM To: Valerie Foushee; Barry Jacobs; Bernadette Pelissier; Alice Gordon; earl@earlmckee.com; Pam Hemminger (External); Steve Yuhasz; Donna Baker; Frank Clifton; Greg Wilder; Gwen Harvey; Willie Best; cgrier@co.orange.nc.com; mtalbert@co.orange.nc.com Subject: Agenda Questions -Item 7a Agenda Questions -item 7a - Whitted Building Project All, Here are my questions on this agenda item. I may have questions on other items later. (A) Please send the following information as soon as you can assemble it. 1. How much money is in the Medicaid Maximization capital project fund, and what are the listed purposes of that fund? Please answer the same question for the Dental Equipment capital project. THE HEALTH DEPARTMENT HAS RECEIVED ADDITIONAL MEDICAID MAXIMIZATION COST SETTLEMENT FUNDS TOTALING $576,068 ABOVE THE AMOUNT CURRENT PROJECT BUDGET OF $1,816,093. THERE IS A BUDGET AMENDMENT SCHEDULED FOR THE 12/14/10 BOCC MEETING TO INCREASE THE MEDICAID MAXIMIZATION BUDGET TO $2,392,161 TO REFLECT THE ADDITIONAL SETTLEMENT FUNDS RECEIVED. FEDERAL AND STATE REGULATIONS REQUIRE THESE FUNDS TO BE BUDGETED AND EXPENDED TO FURTHER THE OBJECTIVES OF THE PROGRAM THAT GENERATES THE FUNDS. ALLOWED USES OF THESE FUNDS INCLUDE PUBLIC INFORMATION AND OUTREACH, AUTOMATION OF ADMINISTRATIVE OPERATIONS, CAPITAL IMPROVEMENTS INCLUDING EQUIPMENT AND FURNISHINGS, AND PROGRAM SUPPORT SERVICES. COST SETTLEMENT TYPICALLY OCCURS ONE YEAR AFTER THE BUDGET YEAR IN WHICH THE FUNDS WERE EARNED THROUGH BILLING MEDICAID AND HAVE BEEN PAID ANNUALLY BY PROGRAM AREA. THE DENTAL CAPITAL EQUIPMENT PROJECT WAS AUTHORIZED AND FUNDED BY COMMISSIONERS IN THE 2010-2011 BUDGET DELIBERATIONS AT $100,000 TO REPLACE BROKEN AND AGING EQUIPMENT. THIS WILL BE DONE IN CONJUNCTION WITH THE RENOVATION TO MAXIMIZE THE USE OF THE FUNDS." 2. Given that not long ago the County was going to allow the Orange 13 ,~ County School System to utilize the portion of the Whitted Building that contained the Library, please remind me when and how and by whom the decision was made to re-occupy that side of the building. THERE HAS BEEN NO DECISION MADE ON WHO WILL RE-OCCUPY THE PORTION OF THE BUILDING PREVIOUSLY OCCUPIED BY THE LIBRARY. IT IS, HOWEVER, A FOREGONE CONCLUSION THAT SOMEONE--AT SOME TIME--WILL NEED TO OCCUPY AND THE AREA. THE STRUCTURE FOR THE LIBRARY (CONFERENCE ROOM AND CAROLINA ROOM AREAS) MUST BE ADDRESSED FROM THE FLOOR BELOW, WHICH MEANS ANY WORK DONE IN THE SOON-TO-BE HEALTH CLINIC COULD BE JEOPARDIZED BY THE STRUCTURE WORK IF IT IS COMPLETED AT A LATER DATE. 3. The agenda abstract notes that requisite budget amendments will be established simultaneous to the construction bid award scheduled for January 20, 2011. Does that mean that this renovation is not in the budget for the current fiscal year? If it is in the budget, what is the amount budgeted for the Whitted renovation and what is the scope of work? FUNDING FOR THIS PROJECT HAS ALWAYS BEEN CONTEMPLATED THROUGH MEDICAID MAXIMIZATION COST SETTLEMENT FUNDS. THE BUDGET AMENDMENT SCHEDULED FOR THE 12/14/10 BOCC MEETING WILL INCREASE THE MEDICAID MAXIMIZATION BUDGET TO $2,392,161 TO REFLECT THE ADDITIONAL SETTLEMENT FUNDS RECEIVED. AS OF 12/6/010 THE LIFE-TO-DATE EXPENDITURES IN THIS PROJECT ARE $359,465.19, LEAVING $2,032,696 AVAILABLE. THE COST PROJECTIONS FOR THE RENOVATIONS ARE $1.47 MILLION WELL WITHIN AVAILABLE FUNDS. GIVEN THE BOARD'S DECISION TO NOT PURSUE THE PURCHASE AND UPFIT OF HILLSBOROUGH COMMONS, THE SCOPE OF WORK CONTEMPLATED IN THIS RENOVATION IS COMMENSURATE TO THE NEEDS OF THE DENTAL AND HEALTH CLINIC FOR A SEVEN TO TEN YEAR PERIOD. THE ARCHITECT WILL PRESENT THE PROJECT DURING THE12/6 MEETING. (B) Please send the following information when you can assemble it. However, it may have to come separately from the information in (A) above. 1. Please describe what county departments/ functions are currently in the Whitted Building, and how much space (square feet) they occupy? THE HEALTH DEPARTMENT, INCLUDING ADMINISTRATION AND BOTH HEALTH AND DENTAL CLINICS, AND THE HOUSING, HUMAN RIGHTS, AND COMMUNITY 14 ,~ DEVELOPMENT DEPARTMENT CURRENTLY OCCUPY BUILDINGS A AND B AT THE WHITTED CENTER. RECREATION STILL OCCUPIES THE GYM. THERE ARE NO OTHER COUNTY OPERATIONS CURRENTLY LOCATED AT THIS SITE. SQUARE FOOTAGE WILL BE PROVIDED LATER. 2. Is there an overall plan for the use of the Whitted Building? If so, what is it and when was it decided/ approved and by whom? PER THE DISCUSSION AT THE BOARD'S WORKSESSION ON 11/18, THE BOARD INDICATED THE MANAGER COULD CONTINUE TO WORK WITH THE TOWN OF HILLSBOROUGH TOWARD SOME TYPE OF ARRANGEMENT FOR THE ARTS COMMUNITY TO UTILIZE THE OLD LIBRARY SPACE, ASSUMING THE ARRANGEMENT DID NOT LOSE THE COUNTY ANY MONEY. THERE IS NO OTHER DISCUSSION IN PLAY EXCEPT FOR USE BY THE HEALTH DEPARTMENT, WHICH THE BOARD IS CONSIDERING ON 12/6. SINCE THE BOARD HAS CHOSEN NOT TO PURSUE THE PURCHASE AND DEVELOPMENT OF HILLSBOROUGH COMMONS, THE WHITTED BUILDING WILL REMAIN THE LOCATION FOR THE FORESEEABLE FUTURE FOR HEALTH CLINICS/DENTAL CLINICS, HEALTH ADMINISTRATION AND HOUSING, HUMAN RIGHTS AND COMMUNITY DEVELOPMENT. THE EXTENDED LENGTH OF OCCUPANCY AT THIS SITE IS ALSO THE CATALYST FOR THE HEALTH DEPARTMENT'S REQUEST TO UTILIZE THE SECOND FLOOR OF BUILDING A (OVER THE OLD LIBRARY SPACE) FOR STAFF SPACE. Thank you very much. Alice Gordon Commissioner Gordon said that this item needs to come back to the meeting on December 14th with her questions answered in detail. She does not understand the reasoning or the funding for this facility at this point. She believes that this is not transparent to the public how the County went from $113,000 to over $1 million for this facility. Commissioner Hemminger said, in reference to the Medicaid Maximization Fund, that she was shocked about the existence of this pot of money and it was hard to follow how they were saving money by spending money. She asked if the Whitted Building was going to be more viable or not after these renovations. On the actual plans, the waiting room bothered her. She said that there needs to be a window from the staff area to open up to the waiting room. She said that from the entrance to the examining rooms and the waiting room did not flow well. She asked if it might be cheaper to build a new building. Frank Clifton said that part of the explanation is that when the Board of County Commissioners made a decision to consolidate the services in one location is that the building is being leased and the buildings in the shopping center were going to have to be renovated as well. The plan is to move out of Carr Mill Mall in six months. Commissioner Hemminger asked how much money would be left in the pot after this $1.47 million and Rosemary Summers said a little over $600,000. The County earns money on an annual basis between $250,000-350,000. 15 ,~ Commissioner Hemminger asked if these funds could be used to build a new facility in Chapel Hill and Rosemary Summers said that the same restrictions apply each year, so they would have to be spent in the program that earned the funds. Over a number of years, that fund would accumulate and the funds could be spent on a new facility. It varies each year depending on how many Medicaid clients are seen each year. Commissioner Hemminger asked if the changes would make this building more energy efficient. Ken Redfoot said that the renovations are strictly for the examining rooms. In the past they have done some energy efficient renovations. Chair Pelissier said that she joined the chorus of her colleagues and when she read this she was taken aback. She said that it may have been useful when they made the decision about the dental clinic that they were made aware of the possible renovations that would be needed, even though the funds are not coming from the general fund. She said that this does need to come back with all of the answers to the County Commissioners' questions and concerns, especially to let the public know where the funds are coming from. Commissioner Yuhasz said that he would like to know the implications of not doing these renovations. Commissioner McKee asked if it would be possible to bring this back at a work session instead of a regular meeting. He said that he is not comfortable making a hasty decision on this issue now. Rosemary Summers invited all Board of County Commissioners to visit the current facility at the Whittted Building to see what they are dealing with everyday. Commissioner Gordon said that if the lease could be extended, then the Board of County Commissioners could put this on a work session. Frank Clifton said that staff would need a timeframe. If there is going to be construction, then staff will need to be relocated. Commissioner Foushee said that it is not the protocol of the Board to make a decision at a work session. If the Board is talking about not being able to hear this item until the end of January, then it would not be able to make a decision until February. She thinks the Board needs to decide whether or not it is going to revisit its decision. Before leaving this item, she wants to consider whether the Board has that kind of time. She does not think there is enough time to reconsider the Board's decision. Pam Jones said that the staff came this evening to talk about the floor plan and the next step would be to put this out to bid on Wednesday. The Board does not have to accept any bids. Commissioner Foushee said that what they are being asked to do tonight is not where the discussion has gone. She said that it would seem that the Board could move forward with the recommendation and still have the time to have the work session and to move forward with the items that are unclear before making a decision. Commissioner Yuhasz agreed with Commissioner Foushee and said that a delay at this point would work a great difficulty on the Health Department and the plans on the consolidation of the dental clinics and the improvements to the medical clinics. He said that this should not come as a surprise, because the items have been discussed before. He suggested approving the floor plan and putting the bids out. Commissioner Hemminger said that she would not want to delay this, but it needs to come back at the next meeting with more information. She suggested that it be known to the public that this is going out to bid, but there will be more discussion later. Commissioner Jacobs said that he agreed with Commissioner Foushee, Commissioner Yuhasz, and Commissioner Hemminger as far as moving forward. Regarding the timeline in the abstract, he would want to urge the Board not to delay this item since they would be squandering $10,000/month with the Carr Mill Mall lease. He said that the Board needs to 16 ,~ discipline itself to make decisions. The Board needs to be as open and as fiscally responsible as possible and move on. Chair Pelissier said that she does not want to delay the decision and the problem here is transparency. She does not support this being on a work session. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to bring this back on the agenda for December 14tH VOTE: UNANIMOUS b. Update and Additional Action on the $103.6 Million Limited Obligation Bond Issuance to Refund Various Debt Obligations of the County and to Finance the Purchase of Equipment The Board was provided an update on the status and considered authorizing additional action on the issuance of $103.6 million of Limited Obligation Bonds (LOBs) to refund various debt obligations and finance equipment purchases. Clarence Grier introduced this item. In October, staff brought forward a resolution to allow the refinancing of the majority of the County's debt. At that time, the savings was estimated to be $4.7 million. From that time period, interest rates have gone up due to several things, so the savings has gone down to $1.1 million. This is not a sufficient enough savings at the LGC level to win approval for the refinancing. He said that BB&T can make a rate modification on the 2006 Installment Purchase Agreement from 4.39% to 2.99%. This gives a savings of $500,000 over the next 11 years. Staff is asking that the Board authorize this. BB&T can also reduce the interest rate on the 2009 Installment Purchase Agreement from 3.6% to 3.4%. Staff is asking the Board to authorize moving forward with the application. There is one change. BB&T has offered the County an interest rate on $2 million that it needs for the equipment for the software, PIN system, Sheriff radios, etc. of 2.36% over five years. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to: 1) Authorize staff to proceed with an application requesting the Local Government Commission's approval of the September 2010 proposed refunding at the December 2010 meeting; 2) If the LOBs cannot be issued and sold at the LGC's December meeting, allow staff to leave the application on hold with the LGC until such time, not extending beyond six months, that the LOBs can be issued. If the LOBs cannot be issued after six months, staff will cancel the issuance/sale with the LGC; and 3) Authorize staff to move forward with BB&T to obtain a rate reduction for the 2006 Installment Purchase Note Payable. Commissioner Gordon said that she wants to make it a lot clearer why the County is issuing $2 million of new debt, and the items included need to be listed out for the public to make this more transparent. Clarence Grier said that in the original abstract for a previous meeting, all of the items that were to be purchased with the $2 million were listed out. Commissioner Gordon said that it would be important to mention why the County proceeded to issue debt in this time of fiscal constraint. Frank Clifton said that during the budget process, the Board decided to take short-term notes on these items. These were all budgeted items. VOTE: UNANIMOUS c. Adoption of Three-Year Update of County Solid Waste Management Plan 17 ,~ The Board received the draft Three-Year Update of the Solid Waste to the Board for consideration and approval by resolution so that the Plan can be submitted to the State prior to January 1, 2011. Assistant County Manager Willie Best introduced this item and said that it is about 18 months behind schedule. Blair Pollock presented this item. He said that the Solid Waste Management Plan is a State requirement. There is a ten-year plan that the County and the three towns crafted together in 1997. The cornerstone is a 61 % waste reduction goal. This draft plan has been adopted by the three towns and there has been a public meeting. He highlighted parts of the plan: • Making every attempt to extend Solid Waste Convenience Center hours • Longer term issues -two versus single-stream program • Recycling services -expand commercial programs • Landfill side -decisions about where to go with garbage • Future of Solid Waste operations PUBLIC COMMENT: Stephen Graff thanked the County Commissioners for their services. He asked to yield his time to Bonnie Hauser. Bonnie Hauser read a statement from Orange County Voice: "Our comments are based on the SW plan, attending most SWAB and SWWG meetings over the last 2 years, our survey of nearly 900 households from throughout the rural community, and anecdotal citizen's reaction to reduced hours at the convenience centers. Not to mention the SW reports, discussions with vendors, and visits to Catawba, Greensboro, and Alamance Solid Waste facilities. Solid Waste is a mission critical service to the County and, as you know, represents over 10% of the County's budget. Service is well done and appreciated by every resident in the County. We completely support the County's recycling goals. A great deal of work went into the plan and it's very informative. Now that we have the facts, it's clearer than ever that -for rural residents -the plan is directionally incorrect. Because of objections raised by residents and others including the Sierra Club, the County has backed off on rural recycling -which we appreciate. Whether or not you approve the plan tonight is not a critical issue for us. What we need is your direction on going forward policies for Solid Waste Services in the rural area. Only you can offer the perspective of competing priorities and resource constraints. When you read the plan, you will see that much of the last 2 years has been spent discussing services to the unincorporated areas -even though there is virtually no rural citizen representation on SWAB or the SWWG. The issue of representation from the rural community needs your immediate attention, unless, of course, you decide to sunset SWAB. So tonight, please speak to the features of this plan which disproportionately impacts rural residents from a fiscal and service perspective: 1. Here's a start: Please assure us that, after closing the Cedar Grove library, a dental clinic and many other difficult service cuts, there is no money for non-essential SW service improvements, for the foreseeable future at least until we are on the other side of the landfill closure. Please assure us that the residents of Orange County will not have to bear the burden of fees for services that we do not want. 18 ,~ 2. Please consider - as a priority -partially restoring hours at convenience centers - add Sundays back and open Walnut Grove and Eubanks 6 days a week. Even with the added cost to haul to Durham, a small increase to the base 3R fee will cover everything and we expect you will find rural residents accepting of a small fee for a service that is so highly valued. 3. Please don't believe that, as the plan suggests, that the convenience center upgrades and fees are the highest priority. As Commissioner Gordon suggested, none of this is relevant until the Board is fully informed on the full impact of closing the landfill -including the revenue loss of $3 million which is roughly 1/3 of the SW budget. If you intend to seriously consider the upgrades, please start asking hard questions about cost, utility, and fees -and please include rural residents in the discussion. 4. Because of public pressure, the plan is now non-specific about mandatory rural recycling and fees. Please open a meaningful dialog on a voluntary program rather than expanding a service that is expensive to deliver and today is used by only 60% of the residents. Here's a question: would you support rural recycling if it was funded by the general fund? Is it escaping your scrutiny because it's a separate fee? 5. A small policy point: please ask the SW department to drop the discussion on waste franchises in our rural communities. Private waste haulers serve less than 25% of the rural community. Do we really need the County to "manage the vendors" and burden the residents with even more solid waste fees? 6. If you are serious about the County's recycling goals, please focus on education not infrastructure. Education is inexpensive and effective. The County's composting outreach program and the partnership with St. Thomas Moore Catholic Church are examples of two wonderful programs that can take us a long way to the 61 recycling goal or more. There are others. 7. For rural residents, we support single stream recycling - at the convenience centers. Here's the irony. For once -the citizens are asking for less - a lot less than the County wants to offer. In its current form, the SW plan does not set a cost effective program for reducing waste and keeping our rural communities clean and healthy. Tonight we look to the Board to set a direction that is meaningful and that we can afford." Chair Pelissier made reference to page 13 and the Financial Planning and Appendix I, which has a financial plan discussion that makes reference to having financial analysis over the summer and fall of 2010. She said that the large question she has is when they would get financial information about to deal with the landfill closure. Solid Waste Director Gayle Wilson said that staff is now working on getting reliable projections. They have been distracted by finishing the plan. This would be probably in the next six months. The closure of the landfill is the trigger for the financial analysis. The date for closure keeps changing. Commissioner Gordon asked about the significance of passing the Solid Waste Plan for subsequent decisions. She said that it appeared that this document does not commit the Board of County Commissioners to any important decisions and that this was just a framework. 19 ,~ Blair Pollock said that a lot of the work done over the last several years has been incremental and technical. He said that this is a correct interpretation of the plan. There will probably be more issues in the next submittal in 2012. Commissioner Jacobs thanked Bonnie Hauser for her analysis on this issue and he sees this plan that not only is the plan two years late, but that it is basically a group of guidelines. He said that the State does not take solid waste seriously enough. Commissioner Jacobs made reference to pages 13-14 with bullet points and said that the styles with which they are written are different, and this needs to be homogenized. He said that he would like to see an update on getting the schools on board with having their organic waste collected fairly soon. Commissioner Jacobs said that this update needs to come back to the Board no later than the joint County Commissioners' and school boards meeting. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to adopt the attached resolution approving the Three-Year Update of the Solid Waste Management Plan and authorize its submittal to the State. VOTE: UNANIMOUS d. Decision Regarding Upcoming Revaluation The Board considered the proposed County's revaluation Schedule - to discuss as needed and/or provide comments to staff and to choose one of these options: a) delay the upcoming revaluation for at least one year, possibly two years, to allow the opportunity for the real estate market and the economy to recover more fully before pursuing revaluation; or b) direct staff to move forward with the planned revaluation and to take the necessary budgetary steps to begin the revaluation process including the hiring of personnel and other actions to accomplish the revaluation. Tax Administrator Jo Roberson said that at the November 9th budget work session the Board of County Commissioners received a report on current market trends and other relative data for consideration of the revaluation timeframe. As part of that discussion, the Board asked the staff bring this item back for final decision. There are several options in the recommendations. PUBLIC COMMENT: Joe Phelps congratulated Commissioner McKee, Commissioner Jacobs, and Commissioner Gordon. He said that he has had his real estate license for 24 years and he thinks it would be good to do another revaluation as scheduled. He said that if the County does not change the way it does the process, then it will get the same result, an unfair and incorrect revaluation. He said that in the future he does not see a problem with going with a six-year revaluation. He said that he saw where Jo Roberson stated in a meeting a few weeks ago that the property values in Orange County had not gone down since the last assessment. He disagreed with this. He thinks that this is only an average. He said that some properties are selling for as little as 20% of their tax value. There are also many properties are selling much higher than the tax value. That does not make this process correct. He urged the County Commissioners to do some research and come to a decision on making most, if not all of the tax values, a correct real value. He could provide some data for this, if needed. Frank Clifton said that the staff recommendation to delay this revaluation for one year is because there will be a new Tax Administrator and new software. It would be better for the new Tax Administrator to have a year's worth of experience before going through a revaluation. 20 ,~ Commissioner McKee said that he was not part of the discussion when the revaluation was moved from six years to four years. One of his concerns is that if the reasoning at that time to move it back then was valid, then he wonders why it is not valid. Secondly, if the County goes back to a longer schedule, he thinks there would be a perception that there is a reluctance to revalue properties in a down market. Commissioner Yuhasz said that he agreed with Commissioner McKee that there might be a perception that the County would not want to proceed with a revaluation on a four-year schedule because of the down market, but he does not think that is the case. The County has made a commitment to revalue every four years and he thinks the County should keep to this schedule. Frank Clifton said that the only issue from the staff's standpoint will be the newness of staff coming on board and a new software system. Commissioner Jacobs said that he has confidence that the Manager will find a good tax administrator and this is a question of confidence ultimately. He said that the public needs to perceive that the County is sticking to a schedule. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to stay with the four-year revaluation schedule. VOTE: UNANIMOUS e. Potential Framework to Support Future Business Investment and Job Creation The Board considered discussing a potential framework to encourage and support the expansion of existing businesses and the location of new businesses within Orange County. Frank Clifton introduced this item. He said that the County has talked about coming competitive, and there are certain steps that need to be taken. He made reference to the list of policies and activities that are in use in the areas that surround Orange County. These are incentives, business rewards, etc. He said that not having a policy guarantees that the County is behind in this process. He thinks that it is important to focus on jobs in Orange County. He said that he does not have a specific recommendation, but he would like to have a discussion about this. He does not think it is necessary that every project be considered, but he thinks it is important that the County has something to offer. He said that the County Commissioners would need to set some reasonable parameters for the policy. Commissioner Yuhasz said that it is very important for the County to have a policy and parameters. In particular, he would like to have a policy about how to deal with start-up companies. Commissioner McKee said that he was very interested in expanding the tax base for Orange County. He is concerned that people will no longer be able to afford to live in Orange County if the tax base is not expanded. Commissioner Gordon made reference to the list of policies from local areas, described in the agenda materials and said that it is a good idea to have criteria and a checklist. She said that she is interested in the ones listed for Chatham County, which has a point system. She is ready to move forward on an approach like this as a basis for Orange County's policies. Commissioner Foushee said that she would caution the Board to do baby steps. There is a lot of information here, and the County has never done anything like this before. She wants to be careful that the County does not communicate a message and then not be ready for what comes forward. Commissioner Jacobs said that he appreciated that the staff pointed out the living wage. Regarding the potential framework, he said that the County wants businesses that are sound - development that is environmentally sound, consistent with the land use plan, and that treat their employees in a manner that is also sound. He thinks that the policy needs to be 21 ,~ assertive. He said that the County Commissioners need to talk about what they are and where they are going and they need outreach to existing businesses. He thinks that the County should have a preference for businesses that are green and homegrown. The County needs to be flexible. He also thinks that the County Commissioners need to be engaged as a Board and they need to engage more partners. Commissioner Gordon said that there was a presentation previously on all of the County's assets relating to economic development. We should try to emphasize what the County wants and to build on the assets. She asked that this be brought back again to the Board as background material the next time we discuss economic development. Chair Pelissier said that she agreed with Commissioner Foushee that they need to come up with a general framework for a policy and try it out to see if it works for Orange County. She said that every single town and county that surrounds Orange County has an economic development policy and Orange County does not. She said that she would like to see some information about how and when to do a business analysis. Commissioner Yuhasz said that he does not want to be timid at all. He wants to be consistent with the land use plan, but he does not want the land use plan to handcuff the County. Frank Clifton said that staff would work on some parameters and bring those back, along with some examples. 8. Reports NONE 9. County Manager's Report NONE 10. County Attorney's Report NONE 11. Appointments NONE 12. Board Comments Commissioner Hemminger said that she has spent a lot of time at water quality meetings. The Falls Lake Rules were passed on November 19th and they affect Orange County. She thinks that the Board should have a work session to bring it up to speed on what this means for Orange County. There are lots of concerns about this in the region. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to have a work session on the Falls Lake Rules and how they affect Orange County. VOTE: UNANIMOUS Commissioner Yuhasz -none Commissioner Jacobs requested to add the Visitor's Bureau back on the orange sheet so that people can be encouraged to contact the Visitor's Bureau. He would also like information from the Manager about how much in property tax and sales tax the space occupied by the Dillard's building will cost Orange County if Chapel Hill takes it off the tax rolls. Commissioner Foushee said that she, Frank Clifton, and Ms. Schmitt met with UNC's Michael Smith and other people from the School of Government to talk about economic development and how the University could help the County with how to restructure how the 22 ,~ County Commissioners are advised as it relates to economic development. She was encouraged by this. Commissioner Foushee said that she did attend the President's speech today at Forsyth Technical Community College. She said that, basically, he talked about maintaining investments in education innovation and infrastructure, understanding that when the jobs come back that the workforce will be educated. Commissioner Gordon -none Commissioner McKee expressed his gratitude again for being able to serve as County Commissioner. Commissioner Pelissier said that the NCACC has an opening on the Board of Directors as of December 7th. Someone has to be nominated for this seat. The Board of Directors will be voting on the package of legislative goals on December 15tH Commissioner Foushee nominated Commissioner Jacobs to be on the Board of Directors of the NCACC. Commissioner Jacobs agreed. VOTE: UNANIMOUS 13. Information Items • November 16, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to go into closed session at 10:45 PM 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 RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Foushee seconded by Commissioner Jacobs to reconvene into regular session at 11:05 pm VOTE: UNANIMOUS ADJOURNMENT A motion was made by Commissioner Foushee seconded by Commissioner Jacobs to adjourn the meeting at 11:05 pm. VOTE: UNANIMOUS Donna S. Baker Clerk to the Board Bernadette Pelissier, Chair 23