HomeMy WebLinkAboutAgenda - 03-03-2011 - 4aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3, 2011
Action Agenda
Item No. 4-a
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DEPARTMENT:
PUBLIC HEARING: (Y/N)
No
ATTACHMENT(S):
Minutes
INFORMATION CONTACT:
Donna Baker, 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
January 25, 2011
February 2, 2011
BOCC Work Session
BOCC Regular Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1 DRAFT
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 WORK SESSION
6 January 25, 2011
7 7:00 p.m.
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11 The Orange County Board of Commissioners met for a work session on Tuesday,
12 January 25, 2011 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
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14 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners
15 Valerie P. Foushee, Alice Gordon, Pam Hemminger, Barry Jacobs, Earl McKee, and Steve
16 Yuhasz
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEYS PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna
20 S. Baker (All other staff members will be identified appropriately below)
21
22 1. Information Technologies Report
23 Chief Information Officer Todd Jones provided this report. Because of the sunset of
24 the Information Technology Advisory Committee, he wants to keep the Board informed of
25 high-level activity. He reviewed the important points:
26
27 December 2010
28
29 - Migration from County Mainframe
30 - Virtual server environment
31 - Phase I GIS Consolidation
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33 November 2010
34 - Laptop encryption
35
36 October 2010
37 - Deployed the Property Information Management System (PIMS)
38 - Parks and Recreational Facilities Locator
39
40 September 2010
41 - Training room complete
42
43 August 2010
44 - Mobile email policy
45 - Cross-browser compatibility web template evolution
46 - Boundary layer corrections
47
48 July 2010
49 - Implemented new jury selection/management system
50 - PIN/TMBL/Parcel lookup tool
2
1 June 2010
2 - New data center
3 - Collaborate on implementing Sheriff's in-car video system
4
5 Apri12010
6 - Implemented subscription service via website
7
8 March 2010
9 - New County GIS website
10
11 February 2010
12 - Streaming videos of BOCC meetings
13 - Wireless hot spots
14
15 January 2010
16 - Phone system
17 - Social. services, library move support
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19 December 2009
20 - Planning/Inspections, Economic Development, Environmental Health, and
21 Elections move support
22 - Network fiber installation for Public Works
23
24 November 2009
25 - Information Technologies and AMPS move support
26 - Fiber installation for Office Bldg, Hillsborough Commons
27
28 October 2009
29 - County Manager, Clerk, Attorney, Financial Services, HR renovation support
30 - Data switch replacement
31
32 September 2009
33 - Implemented major upgrade for entire County website
34
35 August 2009
36 - GIS standardizes Orange County land date for NC One Map compliance
37 - Negotiated enterprise fiber agreement
38
39 July 2009
40 - GIS standardizes data in conformance to National Grid model
41
42 May 2009
43 - Animal Services move support
44 - Major Munis implementation
45
46 March 2009
47 - Carr Dental fiber
48
49 February 2009
50 - Real time synchronization of GIS data
1 - Implemented Bentley Building fiber
2 - Implemented technology request tool
3
4 January 2009
5 - Solid Waste move support
6 - Central Orange Senior Center move support
7 - Sheriff's Office move support
8 - Southern Human Services Center network upgrade
9
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11 Todd Jones made reference to page 9 and said that moves were a significant part of
12 the effort in the past two calendar years. They moved about 460 staff members, which
13 included the installation of all of the network equipment, etc.
14 Commissioner Gordon asked about the GIS personnel and phase 1 of the GIS
15 consolidation. Todd Jones said that they worked with the Department of Environment,
16 Agriculture, Parks and Recreation (DEAPR) and Planning to point out some GIS resources.
17 With this extra capability, they are able to work on the addressing system more effectively.
18 Commissioner Gordon asked about IT people in other departments. Todd Jones
19 said that there are continuing conversations regarding the organization of this.
20 Frank Clifton said that as the County continues to shrink County government staffing,
21 they are trying to build capacity to serve the entire County. In some cases, when an
22 employee leaves, the gap can be filled with an internal person.
23 Commissioner Gordon thanked Todd Jones and staff for the amount of work done.
24 She asked about the servers and where the County stands now. She said that it seems as if
25 the needs have been met. She asked where they stand with the budget forthcoming.
26 Todd Jones said that the infrastructure is in good shape and there will probably be
27 less infrastructure needs in the near future.
28 Commissioner Yuhasz asked why the number of emails had decreased so much
29 from one year to another.
30 Todd Jones said that spam was such an enormous proportion of the inbound emails
31 and these were blocked.
32 Commissioner Yuhasz asked about the public meeting laws and if there is a system
33 in place for IT to pull out specific emails.
34 Frank Clifton said that the staff will be bringing forth a policy regarding this soon.
35 Commissioner Hemminger thanked the staff for the work on this. She said that there
36 is such a change in attitude.
37 Commissioner Gordon asked about the strategic plan for Information Technology and
38 where this stands.
39 Todd Jones said that there is a strategic plan that guides the department and it was
40 presented to the Board of County Commissioners two years ago. He said that if it needs to
41 be more digestible or better suited to the Board's needs to let him know.
42 Commissioner Gordon asked if this plan could be streamlined because it has
43 implications for capital.
44 Frank Clifton said that staff could bring forth a plan about County needs, but on a
45 broader issue, they are limited by lack of resources and funding.
46 Commissioner Gordon said that she is interested in the County government plan for
47 future needs..
48 Commissioner Jacobs agreed with Commissioner Gordon about some direction on
49 the strategic plan. He said that there seems to be a disconnect. He thought that the County
50 Commissioners wanted to see a strategic plan that includes internal and external, not just
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the Manager speaking about it off the top of his head. The Board needs to know where to
put capital -promoting broadband, economic development capabilities, how to reach out to
the public, how to promote Emergency Services, etc. He said that part of the frustration with
the strategic plan a couple of years ago was that it did not give priorities and it was so
focused on internal IT and it did not connect the capital needs to cutting edge technology.
Frank Clifton said that everything they have done has been done internally since the
County is a service-based organization. He does not feel comfortable giving guesstimates
on costs for different things. He said that he could come up with a bullet list. Some things
he does not feel comfortable with and he would suggest bringing in a consultant.
Chair Pelissier asked for something to be brought to the Board before budget
discussions and Frank Clifton said that he would try to prioritize the list.
2. Discussion of Dav-Time Meetings
Chair Pelissier said that in 2009, the County Commissioners decided not to have
daytime work sessions but the composition of the Board has changed and the question is
coming up again.
Commissioner Hemminger asked if there was a strategy for scheduling.
Clerk to the Board Donna Baker said that it usually follows the calendar year before.
It has changed over the years, depending on who is serving at that time.
Commissioner Hemminger said that budget work sessions could be blended in with
work sessions. She suggested reducing the number of work sessions. She suggested
having one work session a quarter in the daytime and possibly using Granicus. It could be
worked around a noon meal. She acknowledged that it takes a lot of staff time for these
night meetings.
Commissioner McKee said that at first he was opposed to this, but if they are talking
about only work sessions, then he could change. He has a concern that a lot of daytime
meetings will adversely affect someone that is interested in running for County
Commissioner. The second issue is the public and their ability to attend. He said that if the
meetings had been during the day, he would not have been able to run for office because he
runs a business. If it is only a couple of work sessions here and there, he would be ok with
it.
Commissioner Jacobs said that he agreed with Commissioner McKee and he has
always wanted to have day meetings on a limited basis. He said that there are only 7 non-
budget work sessions a year and he suggested keeping those and using them more
efficiently.
Frank Clifton said that from a staff viewpoint, it does not matter when they hold
meetings other than the timing of other issues going on. He said that there could be more
web streaming of meetings, but there is a cost issue. He said that there are items that are
addressed in the work session that could have been addressed in a regular meeting.
Commissioner Foushee agreed with everything and said that no meeting should be
scheduled during the day when any Commissioner cannot attend. There have been two
meetings that were scheduled during the day that conflicted with her job, so she could not
attend. She wants to also be inclusive of the County Commissioners and the public.
Commissioner Hemminger suggested picking two work sessions this fiscal year and
not budget work sessions.
Commissioner Yuhasz said that he brought this up two years ago and he is
concerned that all of the regular meetings are at night because some people can never
attend at night. He wants to recognize that there are people that cannot drive at night or get
childcare, etc. He does not want to ignore these needs.
5
1 Commissioner Gordon said that it is important to take the public into account but they
2 need to pick times that all County Commissioners can come. She suggested trying a couple
3 of work sessions during the day, as long as the County Commissioners can come. She
4 confirmed that they would not change the calendar for this year for days when a
5 Commissioner is unavailable.
6 Frank Clifton said that many Board of County Commissioners members serve on
7 other boards. He suggested having Greg Wilder and Donna Baker to look at two
8 recommended dates for two work sessions to change to daytime, after the budget process.
9 The Board agreed.
10 Chair Pelissier suggested having three work sessions per year during the day.
11 The Board agreed to leave it flexible and have two or three work sessions per year
12 during the day.
13
14 3. County Commissioners: Boards and Commissions Assignments
15 Chair Pelissier said that the first step is for the veteran Commissioners to choose two
16 boards that they currently serve on that they would like to remain on. After that, it is the
17 regular round robin.
18 The Board agreed to take off the Hillsborough/Orange County Chamber of
19 Commerce and leave it as an ex-officio.
20 Commissioner Gordon -Durham-Chapel Hill-Carrboro Metropolitan Planning
21 Organization and Triangle Transit Board of Trustees
22 Commissioner Jacobs - Triangle J Council of Governments and Agricultural
23 Processing Center
24 Commissioner Foushee -Social Services Board and Durham Technical Community
25 College Board of Trustees
26 Commissioner Hemminger -Upper Neuse River Basin and Triangle J Council of
27 Governments (Alternate)
28 Chair Pelissier -Partnership to End Homelessness
29 Commissioner Yuhasz -Board of Health
30 Commissioner McKee -Fire Chief's Association and Triangle Area Rural Planning
31 Organization
32
33 Round Robin:
34 Commissioner McKee -ABC Board
35 Commissioner Yuhasz -Durham-Chapel Hill-Orange Work Group
36 Chair Pelissier -Alternate for Metropolitan Planning Organization
37 Commissioner Hemminger -Durham-Chapel Hill-Orange Work Group
38 Commissioner Foushee -Visitor's Bureau
39 Commissioner Jacobs -Solid Waste Management Work Group
40 Commissioner Gordon -Intergovernmental Parks Work Group
41 Commissioner McKee - Efland/Mebane Small Area Plan
42 Commissioner Yuhasz -Orange-Person-Chatham Area Programs
43
44 Chair Pelissier said that the OPC meeting was canceled last month and she asked
45 Commissioner Yuhasz if she could go to the last meeting tomorrow and Commissioner
46 Yuhasz said yes.
47 Chair Pelissier -Orange County Partnership for Young Children
48 Commissioner Hemminger -Community Home Trust
49 Commissioner Foushee -HOME Program Review
50 Commissioner Jacobs -Library Services Task Force
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1 Commissioner Gordon -Hollow Rock Park Planning Committee
2 Commissioner McKee -Communities in Schools
3 Commissioner Yuhasz -pass
4 Chair Pelissier -pass
5 Commissioner Hemminger -Work Force Development
6 Commissioner Foushee -Housing Bond Program-Project Review and Selection
7 Committee
8 Commissioner Jacobs - RTRP
9 Commissioner Gordon -pass
10
11 Discussion ensued about needing a County Commissioner on the JOCCA Board.
12 The Board agreed to table this until there is more information.
13 Donna Baker will bring this back on a regular meeting for approval.
14
15 Commissioner Jacobs asked if they were going to be able to discuss this process in
16 the next year and Chair Pelissier said that she hoped to revisit this process.
17 Commissioner Yuhasz said that he would like to reduce the number of assignments.
18 The Board agreed to put this issue on a work session later this year, during the
19 daytime.
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BOARD NAME MEETING BOCC MEMBER SELECTION
DATE
STATUTORY
ABC Board Monthly, Third Commissioner Commissioner
Tues 8:30 AM Not Required McKee
(non-voting
member
Board of Health Monthly, Fourth Commissioner Commissioner
Wed Required Yuhasz
7:00 PM
Board of Social Services Monthly, Third Commissioner Commissioner
Mon 4:00 PM not required - Foushee
may be citizen
appointed by
BOCC (appoints
2
OPC Area Programs Monthly, Commissioner Commissioner
Second Mon Required Yuhasz
6:30 PM
OUTSIDE AGENCIES/
INTER-
GOVERNMENTAL
WITH BOCC MEMBERS
Communities in Schools Monthly, Fourth Commissioner Commissioner
Wed 3:00-5:00 Required McKee
PM
Community Home Trust Monthly Commissioner Commissioner
BOD Re uired Hemmin er
BOARD NAME MEETING BOCC MEMBER SELECTION
DATE
Durham-Chapel Hill- Monthly- Requires BOCC Commissioner
Carrboro-Metropolitan second Wed. Member/ Gordon -Member
Planning Organization- Alternate (per Chair Pelissier -
Transportation Advisory 1993 MOU) Alternate
Committee
Durham/Chapel Quarterly- 2 Elected Commissioner
Hill/Orange Work Group rotates between Representatives Yuhasz
entities- noon required (from 4 Commissioner
meetin Jurisdictions Hemmin er
Efland Mebane Small Not meeting at Commissioner
Area Plan this time. Has McKee
Implementation Focus not been
Grou disbanded
Intergovernmental Parks Quarterly- 1 BOCC required Commissioner
Work Group meets at Gordon
5:30 m
Hillsborough/Orange Monthly, Third Commissioner TAKEN OFF OF THE
County Chamber of Wed not required LIST
Commerce (chair has served
as ex-officio in
the ast
HOME Program Review Quarterly Commissioner Commissioner
Committee Re uired Foushee
Housing Bond Program- Inactive Commissioner Commissioner
Project Review & Required Foushee
Selection Committee
Hollow Rock Park Not meeting at Commissioner
Plannin Committee this time Gordon
JOCCA Commissioner Tabled for more
Required but not information
serving at this
time
Library Services Task Not meeting at Commissioner
Force this time Jacobs
Has not been
disbanded
Orange County Bi-Monthly-last Commissioner Chair Pelissier
Partnership for Young Wed of month- slot on BOD
Children at 8:30am
Research Triangle Commissioner
Regional Partnership Jacobs
RTRP
Solid Waste Meets as Commissioner
Management Work needed Jacobs
Grou
BOARD NAME MEETING BOCC MEMBER SELECTION
DATE
Triangle J Council of Monthly - 4 BOCC Commissioner
Governments Wed - 6:OOpm member/alternate Jacobs -member
required if county Commissioner
wants to Hemminger -
participate alternate
Triangle Area Rural Bi-monthly BOCC Member or Commissioner
Planning Organization Designee McKee
TARPO
Upper Neuse River Basin Monthly - By-Laws state Commissioner
Association Different that "The number Hemminger -Chair
Counties Host of Directors
constituting the
Board of
Directors shall be
one (1) per full
voting entity, with
one (I) alternate
per full voting
entity in case of
the Director's
absence. They
call them
Directors but do
not specify that
they must be
Commissioners.
Workforce Development Part of DSS BOCC Liaison Commissioner
Board -Regional Hemminger
Partnershi
Visitor's Bureau Monthl -Third Commissioner Commissioner
Wed Required Foushee
8:00 AM
BOARD NAME MEETING BOCC MEMBER SELECTION
DATE
BOARDS THAT BOCC
HAS ALREADY MADE
APPOINTMENTS
NACo/NCACC Voting
Delegate (M) Commissioner
Foushee
Commissioner
Legislative Issues Jacobs
Work Group Chair Pelissier
Durham Tech Board of Quarterly Commissioner Commissioner
Trustees Required Foushee
Triangle Transit Board Monthly - May appoint a Commissioner
of Trustees 1:30pm-5:30pm Commissioner or Gordon
Commissioner-
a ointed citizen
Piedmont Agricultural Monthly as of Commissioner
Processing Center - now Jacobs
Steerin Committee
OTHER BOARDS/
COMMITTEES - NO
BOCC MEMBER
REQUIRED
Healthy Carolinians BOCC not TAKEN OFF OF THE
required -usually LIST
same BOCC
Member on the
Board of Health
Fire Chief's Bi-monthly - Commissioners Commissioner
Association of Orange first Weds.-7pm not required as McKee
County members -but
can attend as
10
uests
SPortsplex Community
Advisory Committee-
STATUS PENDING Quarterly Commissioner
not required
EDC -STATUS
PENDING
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EX-OFFICIO
Communit Leadership Council M) Chair Serves
Elected Transit Leaders Meetin Chair Serves
Hillsborough/Orange County Chamber of Commerce (L)-does
not re uire a Commissioners Chair Serves
NC DOT Quarter) Meetin s Chair/Vice Chair
School Collaboration Meetin s Chair/Vice Chair
4
c
OFFICERS
Ten Year Plan to End Homelessness Executive Team Commissioner Pelissier (Vice
Chair elected in Jan. 2011
6
7 4. County Commissioners: Boards and Commissions -Annual Summaries
8 Chair Pelissier said that these are summaries and work plans for their boards and
9 commissions. She said that she would like for the County Commissioners to consider writing
10 a letter to each board thanking them and acknowledging the positive work they have done
11 for the County. She said that the work plans are there for the County Commissioners to
12 review and they are in line with the Board of County Commissioners' priorities.
13 Commissioner Hemminger said that she liked the Quick Reports and she liked
14 reading these summaries.
15 Commissioner Jacobs said that it would be helpful to have had department heads
16 here to respond to questions.
17 Chair Pelissier said that she has some questions about the state mandated boards
18 because they are not advisory boards. She is not sure how the County Commissioners
19 should be responding to these boards and maybe it is just a matter of accepting their reports
20 since the County Commissioners meet with them annually.
21 Commissioner Foushee made reference to the Social Services Board and said that
22 the Board of County Commissioners has a relationship with these boards because of
23 funding. In some cases, the BOCC has some control because of the budget.
24 Commissioner Yuhasz said that the goal was to have less departmental staff
25 involvement and then speak to the chairs instead of staff. He thinks that these kinds of
26 boards need to be treated a little differently.
27 Commissioner Gordon said that she appreciated the reports, but she thought the
28 Board was going to be able to give feedback tonight.
29 Commissioner Jacobs said that he is comfortable with having the chairs to come
30 represent their boards but there has sporadically been an annual meeting with board chairs
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with the Manager, Clerk, Chair/Vice-Chair, and County Attorney. He would like to urge that
this be resumed. This gives clarification to the charge, the relationship with the Board,
bylaws, etc.
Chair Pelissier said that this is a good topic for the retreat regarding training for the
boards.
Frank Clifton said that the Board of County Commissioners meets with many of these
boards on an annual basis and he suggested recognizing some of these at work sessions to
have face-to-face contact.
Chair Pelissier asked how the Board would like to proceed.
Commissioner Gordon said that the County Commissioners should acknowledge that
they received the information. They could then decide whether or not to proceed with
discussing the boards.
Commissioner Jacobs suggested going through these boards and not inviting those
that have no comments and flagging those the County Commissioners want to have at a
meeting.
Chair Pelissier agreed. She said that there are two things that should be discussed
at the retreat -sessions regarding training board chairs and the recognition of volunteers.
Adult Care Home Community Advisory Committee:
Commissioner Hemminger said that when this board comes to the meeting, she
would like to suggest a summary format for the report.
Commissioner Jacobs suggested that someone else read over this because it is a
document of Orange County and it should be correct.
Frank Clifton said that the goal is to have staff less involved in the boards.
Chair Pelissier said that on concerns and emerging issues, the County
Commissioners should see these because it could be an issue on the legislative agenda.
Advisory Board on Aging:
Commissioner Jacobs said that he does not think advisory boards should advocate
outside of the Board of County Commissioners. Chair Pelissier agreed that the Board of
County Commissioners should have some knowledge about this advocacy.
Frank Clifton agreed also.
Commissioner McKee said that because these boards and commissions are
representing the Orange County Board of County Commissioners, then they should align
with the Board of County Commissioners' priorities. He thinks that the County
Commissioners should officially approve any legislative advocacy of advisory boards.
The Board agreed.
Commissioner Gordon recognized that this board got the Messer Award.
Affordable Housing Advisory Board:
Commissioner Gordon said that she would like to know more about the mobile home
park revitalization.
Chair Pelissier said that there was a report last year about the need to do
revitalization.
Frank Clifton said that there was a report and this park was identified by the AHAB.
The County has not taken any steps beyond that.
Commissioner Gordon asked what should be said in the letter to this board.
Chair Pelissier said that she does not want to make any comments in any of the
letters related to money.
12
1 Commissioner Gordon suggested saying thank you and that no funding commitments
2 have been made this year.
3 Frank Clifton said that there is no funding to initiate any new programs this year, but
4 there are no ordinances regarding mobile homes, etc. He said that it is a problem statewide
5 where mobile homes are a disposable object if there are no enforcement programs.
6 Commissioner Jacobs said that mobile home park revitalization has to do with mobile
7 home park standards. It is whether they are livable communities and whether the minimal
8 housing standards are met.
9 Chair Pelissier said that she does not think that any board will be making any
10 assumptions about funding one way or another. She suggested not making mention of
11 funding in the letters.
12
13 Agricultural Preservation Board:
14 Commissioner Jacobs made reference to advocacy and said that when he first
15 became a Commissioner, there was an agricultural survey sent to all local farmers, which the
16 County Commissioners did not see. One of the things on there was a question about how
17 onerous taxes were in enabling farmers to stay in farming and that was the highest negative
18 -local taxes. He said that this was inviting a negative reaction. He said that when surveys
19 are sent out, the County Commissioners need to look at them first. He asked that there be a
20 liaison to this board. There is not one at this time.
21 Commissioner Jacobs also made reference to the statement on page 3, "begin a
22 dialogue with staff and elected officials in Orange County and municipalities in and adjacent
23 to, to discuss agricultural issues." If this is going out to other governments, he would like to
24 know what the message is. There is a big controversy about whether Carrboro's ordinance
25 is anti-farmer. He is in favor of advocating for agriculture, but he wants to know what he is
26 advocating.
27 Commissioner Gordon said that a survey instrument costs money and it gives a
28 message.
29 Chair Pelissier said that she was liaison at the time of that survey, and the purpose of
30 the survey was to understand what was going on in the farming community.
31 Commissioner Jacobs said that he was concerned about a previous survey. He
32 suggested that the staff person for each board say that they need to run any kind of survey
33 by the supervisor and/or the Board of County Commissioners.
34 Commissioner Foushee agreed.
35 The Board agreed to this direction as stated by Commissioner Jacobs.
36
37 ABC Board:
38 Commissioner Hemminger said that she does not know who filled this out. She
39 would like to hear from this board on an annual basis. The County Commissioners need to
40 know what is going on with this board.
41 Frank Clifton said that the Board of County Commissioners has the statutory
42 authority to appoint the chair of this board as of October 2011.
43 Commissioner Hemminger suggested inviting the ABC Board to come to the County
44 Commissioners annually to report on what is going on.
45 The Board agreed.
46 Chair Pelissier asked Commissioner McKee to tell the chair of the ABC Board to
47 handle the contents of the reports.
48 Commissioner Hemminger said that she would take care of that communication since
49 she was the last one on the ABC Board.
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Animal Services Advisory Board:
Commissioner Jacobs made reference to page two at the top. He read, "it should be
noted that the Board has become a sounding board in their review of animal related policies
or issues raised by citizens." He asked if they had been discussing the complaints about
how the cats are being treated at the animal shelter.
Gwen Harvey said that a presentation was made at the last Animal Services Advisory
Board by a citizen and she and the Animal Services Director will be meeting with Ms. Cutson
to provide some neutral feedback through the Manager to the Board.
Commissioner Jacobs said that one of the emerging issues is placement partner
agreement. He does not understand what this is.
Gwen Harvey said that it is forthcoming in the Manager's Memo. She said that this is
a formal relationship in writing between animal rescue organizations and the department.
Arts Commission:
Donna Baker said that an email went out today about direction for this board.
Chair Pelissier said that she would have liked to see more substantive concerns in
the future.
Board of Health
The Board agreed to continue to meet with this board.
Board of Social Services:
The Board agreed to continue to meet with this board.
Visitor's Bureau:
Frank Clifton said that one of the problems with this board is that there are issues to
be brought to the Board of County Commissioners, but this board does not want to because
it may cause loss of funds. Orange County contributes a lot more money to this than the
other entities.
Commissioner Foushee said that this issue has been raised many times when she
attended these meetings. Her experience is that the other entity that has the tax is not going
to pay anymore than it is now.
Commissioner Jacobs said that Chapel Hill has just recently increased its contribution
from $135,000 to $180,000. This took a lot of lobbying of other council members. He thinks
that there needs to be a discussion about the relationship because there is confusion about
whether this is an independent entity.
Commissioner Yuhasz said that he has a problem with this because this entity is
funded primarily with Orange County funds but is not under the County's control.
Chair Pelissier said that there is enough concern that the Board should probably
have a discussion specifically about this board.
Frank Clifton said that the Visitor's Bureau is under the County's control and that is
the problem with some of the city partners.
Chair Foushee said that there needs to be a decision about whether this is going to
be an Orange County department or a separate entity.
Commission for the Environment:
Chair Pelissier said that this board and others under the Department of Environment,
Agriculture, Parks and Recreation (DEAPR) put their objectives in the context of the
comprehensive plan. She said that she wanted to thank them for the layout of their goals.
14
1 Economic Development Commission:
2 The Board agreed to send a letter of acknowledgement for the work of the citizens on
3 this board.
4
5 Historic Preservation Commission:
6 No comments.
7
8 Human Relations Commission (HRC):
9 Chair Pelissier said that she was concerned that there were no emerging issues in
10 this summary report.
11 Commissioner Jacobs said that the HRC is still trying to get feedback.
12 Chair Pelissier suggested encouraging the HRC to forward their goals when they are
13 ready.
14 Commissioner Gordon asked what happened with the Commission for Women and
15 the issues with the HRC.
16 Chair Pelissier said that there is a report forthcoming, but the Board agreed to the
17 concept of merging the two boards.
18 Donna Baker said that the status report would be coming through the Manager's
19 Memo.
20
21 Nursing Home Community Advisory Committee:
22 No comments.
23
24 Orange County Board of Adjustment:
25 No comments.
26
27 Orange County Parks and Recreation Council:
28 Commissioner Jacobs said that there is no mention of working with non-profits.
29 Frank Clifton said that this is a new process for them and it has been advocated
30 more at the staff level.
31 Commissioner Jacobs said that he would like to communicate to this board about this
32 and Frank Clifton said that he would.
33 Commissioner Hemminger said that staff and this board had some disagreement as
34 to what was to go in this report.
35 Commissioner Gordon asked about the Friends of the Parks and Recreation Council
36 (PARC) Group and Commissioner Hemminger said that it is similar to what some of the
37 towns have, where it is an independent group and its own 501(c)3. It operates separately to
38 help raise money to help Parks and Recreation.
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40 Orange County Planning Board:
41 The Board agreed to continue the annual meeting.
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43 OUT Board:
44 Commissioner Jacobs asked about desirable parking standards on the third page.
45 Commissioner Gordon said that she is not sure what this is except it might be related to what
46 they were working on for the UDO.
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48 Solid Waste Advisory Board:
49 No comments.
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Chair Pelissier said that this board does not know its future.
Commissioner Jacobs said that it is under the auspices of the Management of the
Sportsplex.
Frank Clifton said that this has not been done officially.
Commissioner Jacobs said that he would like to have an annual report from the
Sportsplex management.
Frank Clifton said that if the County Commissioners accepts the recommendation
that staff gave them, then this committee can be turned over to the Sportsplex management.
With no further items to discuss, a motion was made by Commissioner Jacobs,
seconded by Commissioner Foushee to adjourn the meeting at 9:57 PM.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board
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DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
February 1, 2011
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
February 1, 2011 at 7:00 p.m. at the DSS Offices, Hillsborough Commons in Hillsborough, N.C.
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)
1. Additions or Changes to the Agenda
The Chair called attention to the items at the County Commissioners' places.
- Revised public hearing notice for item 4-I, Legal Advertisement for Quarterly Public
Hearing -February 28, 2011
- Buff-colored item for item 6-b, Orange County's Proposed 2011 Legislative Agenda
- Salmon-colored item was a potential addition to the legislative agenda
- Handout from Orange County Voice
- White/Blue/Red-colored item, which was an announcement about the Orange
County Comprehensive Transportation Plan Public Input Meeting.
- Three additional items from Commissioner Gordon related to items on the consent
agenda
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
NONE
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below. )
3. Proclamations/ Resolutions/ Special Presentations
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4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by Commissioner
Foushee to approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from December 6 and 14, 2011 as submitted by the Clerk to
the Board.
b. Appointments -None
c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 30
requests for motor vehicle property tax releases or refunds in accordance with NCGS.
d. Advertisement of Tax Liens on Real Property
The Board received a report on the unpaid taxes for the current year that are liens on real
property as required by North Carolina General Statute 105-369 and approved the order setting
the lien sale advertisement date for March 23, 2011.
e. Orange County Arts Commission Annual Designated County Partner (DCP) Renewal
with NC Arts Council
The Board authorized the Orange County Arts Commission and staff to apply by the March 1,
2011 deadline for annual Designated County Partner renewal with the NC Arts Council in order
to receive state Grassroots Arts Program funds for Orange County.
f. Community Development Block Grant Award -Infrastructure Hook-up Program
This item was removed and placed at the end of the consent agenda for separate
consideration.
g_ Durham Technical Community Colleae's Nature's Kitchen Culinary Propram and
Orange County Senior Centers
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. Schools Adequate Public Facilities Ordinance (Schools APFO1-Approval of
Corrected Membership and Capacity Numbers for Oranae County Schools
The Board approved the revised November 15, 2010 membership and capacity numbers for
elementary and high school levels for Orange County Schools, which will be used in developing
10-year student membership projections and the 2011 SAPFO Technical Advisory Committee
Report.
i. Legal Advertisement for Quarterly Public Hearing -February 28 2011
This item was removed and placed at the end of the consent agenda for separate
consideration.
L Requests for Road Additions to the State Maintained Secondary Road System
The Board approved forwarding the Petitions for Addition to the State Maintained System to the
North Carolina Department of Transportation for subdivision roads in Beechridge Subdivision
(Beechridge Court), Cedar Pointe (Cedar Pointe Drive and Sam Miller Drive) and Meadow
Ridge Subdivision (Spring House Lane and Woodlot Ridge) to the State Maintained Secondary
Road System.
k. Boards and Commissions -Commissioner Assignments
The Board approved the list of boards and commissions on which members of the Board of
County Commissioners agreed upon at the January 25, 2011 BOCC Work Session and
reflected in the attached listing.
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VOTE ON CONSENT AGENDA: UNANIMOUS
5. Items Removed From Consent Agenda
f. Community Development Block Grant Award -Infrastructure Hook-up Program
The Board considered approving the execution of the Funding Approval Form and Grant
Agreement, and approving a Resolution for the FY 2010 Community Development Block Grant
Award and authorizing the Chair to sign.
Commissioner Gordon wanted to highlight this item and said that this is a grant award
for the Roger's Road community, and the County has been planning for a long time to put
sewer hookup in this community. She wanted to recognize that this has been done.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve execution of the Funding Approval Form and Grant Agreement and approve the
Resolution giving signatory authority to the Chair of the Board of County Commissioners.
VOTE: UNANIMOUS
gL Durham Technical Community College's Nature's Kitchen Culinary Program and
Orange County Senior Centers
The Board considered approving a facility use agreement for Durham Technical
Community College's Nature's Kitchen Culinary Program usage of the Orange County Senior
Centers' kitchen facilities and authorizing the Manager to sign.
Commissioner Gordon recognized Carlo Robustelli from DTCC Orange County
Campus. She verified that the County Commissioners had received her comments and
changes and that they were in agreement.
Frank Clifton asked Carlo Robustelli to explain what this program is.
Carlo Robustelli thanked the County Commissioners and the Department on Aging for
this opportunity. He said that the vision in Orange County is to provide new programs while
maintaining existing programs and services for the community college in Orange County. This
is an extension of that effort. This program has been provided in Durham County for a long
time and there was never a kitchen to be able to provide it in Orange County and this will make
it possible. He explained the program, which teaches the very basic foundations of culinary
cooking. This enables students to be able to work as chefs and caterers. There is a focus on
sustainable preparation of food.
Janice Tyler, Acting Director of the Department on Aging, said that she hopes that this
will be a partnership and this will result in cooking food on-site for the daily nutrition program.
Commissioner Gordon and Commissioner Jacobs commended both parties on such an
innovative program.
Commissioner Hemminger said that she hopes that the public schools that are sending
their students to Alamance Community College were contacted to possibly send them to DTCC
in Orange County.
Chair Pelissier echoed the comments.
Commissioner Jacobs congratulated the County Commissioners for having the foresight
to put commercial kitchens in both of the senior centers.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve and authorize the Manager to sign the facility use agreement, with the changes as
submitted by Commissioner Gordon.
VOTE: UNANIMOUS
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i. Legal Advertisement for Quarterly Public Hearing - February 28, 2011
The Board considered the legal advertisement for items to be presented at the joint
Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for
February 28, 2011.
Commissioner Gordon suggested changes in the legal advertisement. She entered her
questions and comments into the record because she wanted everyone to see the questions
and the staff answers. Regarding the Unified Development Ordinance, she saw in the notice
that there are no paper copies in the libraries. She said that it has been the tradition to put
copies in the libraries. She said that she is grateful to staff for revising the QPH advertisement
as she suggested. She said that there is not enough funding to make hard copies for the
libraries. She suggested having one copy in each library, since they are $200 per UDO.
A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger
to have, at a minimum, one copy of the UDO in each of the libraries and budget the money, and
modify the draft notice to reflect this.
VOTE: UNANIMOUS
Commissioner Gordon called attention to her questions and comments and staff
answers, as shown below:
Commissioner Gordon,
Please see attached a revised legal ad addressing your comments and also providing further
clarification on the MTP Map.
Planning Department staff will bring 20 color copies of the revised legal ad to tonight's meeting
on white paper.
Regarding having paper copies of the UDO in libraries, this was not envisioned due to budget
constraints. The approved Budget allocated $2,600 for printing, copying, and legal
advertisement for the UDO. The Planning Department had requested $10,000 for these
activities. The amount allocated has not been sufficient to cover the printing that has been
done to date ($200 per UDO copy). This lack of funding has been noted in the "Financial
Impact" section of most abstracts dealing with the UDO.
I hope the attachment and this information is helpful.
Greg
REVISED QPH LEGAL AD
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough Commons,
113 Mayo St., Hillsborough, North Carolina, on Monday, February 28, 2011, at 7:00 PM for the
purpose of giving all interested citizens an opportunity to speak for or against the following items:
A. PUBLIC HEARING ITEMS
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2 1. Unified Development Ordinance (UDO) -Continuation of November 22, 2010 public
3 hearing: The November 22, 2010 public hearing was continued to February 28, 2011 to
4 give the public more time to review the proposed document.
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6 The public hearing draft of the UDO is available on the Planning Department's website at:
7 http://www.co.orange.nc.us/planning/UDO.asp. A paper copy is available for public review in
8 the Planning Department office located at 131 W. Margaret Lane, Suite 201 in Hillsborough,
9 NC during regular business hours (Monday -Friday 8 a.m. to 5 p.m.). A paper copy is also
10 available for review during the regular hours of each of the following libraries: Orange
11 County Main Library in Hillsborough, Chapel Hill Library in Chapel Hill, and the Carrboro
12 Cybrary in Carrboro.
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14 Pur ose: To receive additional citizen comment on the Unified Development Ordinance
15 (UDO).
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17 2. Master Telecommunications Plan Map: In accordance with the provisions of Section 6.18
18 Telecommunication Towers and Equipment and Section 6.18.5 Master Telecommunication
19 Plan of the Orange County Zoning Ordinance, the County proposes the adoption of the
20 Master Telecommunications Plan (MTP) Map. The purpose of the MTP is to identify
21 potential properties where telecommunication providers are encouraged to develop,
22 redevelop, modify, or expand telecommunication facilities. The plan is further intended to
23 illustrate an efficient distribution of telecommunication facilities that will benefit the public at
24 large. The MTP Map, once adopted, may be modified on an annual basis at the February
25 Quarterly Public Hearing.
26 Properties identified on the MTP Map may include:
27 • Public sites (i.e. County or government owned property),
28 •Quasi-publicly owned property (i.e. volunteer fire departments, public utilities, etc),
29 and
30 • Private property where current owners have expressed a formal interest to the
31 County in locating telecommunication towers.
32 The draft MTP Map is available on the Planning Department's web site at
33 http://www.co.orange.nc.us/planning/index.asp. There are currently ten proposed properties
34 located on the MTP Map. Current owners may make a request to have their properties
35 added to the map by submitting a formal application to the Planning Department. All
36 applications require apre-application meeting. Submittal of requisite technical design plans
37 is necessary before an application is found to be complete.
38 The proposed MTP Map identifies potential location(s) for telecommunications facilities
39 including locations that serve, or may be required to serve, the public safety and information
40 technology telecommunications network.
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1 Approval of the MTP Map only pre-identifies potential telecommunication sites. It does not
2 formally approve a specific application for the shown properties allowing for the development
3 of telecommunication towers nor does it exempt providers from obtaining all required permit
4 approvals consistent with the Orange County Zoning Ordinance. The Zoning Ordinance may
5 or may not require the issuance of a special use permit. Towers 150 feet in height or less
6 on County property, irrespective of being included on the MTP Map, are approved
7 administratively rather than requiring a Class B Special Use Permit, as per section 6.18.1.
8 Private sites, to be eligible for administrative approval, must be less than 150 feet in height
9 and either lease the tower to the public for public safety purposes or allow the public to
10 collocate antennas on the tower at no charge.
11 No formal applications proposing the development of telecommunication facilities have been
12 received or will be approved through this scheduled public hearing.
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14 Purpose: To review the item and receive citizen comment on the Master
15 Telecommunications Plan Map.
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17 3. Zoning Ordinance or Unified Development Ordinance (UDO) Text Amendment: In
18 accordance with Article Twenty (20) of the Orange County Zoning Ordinance (Section
19 2.8 of the proposed UDO), Mr. Ben Lloyd has submitted a zoning text amendment
20 petition to amend Section 4.3 Table of Permitted Uses of the Zoning Ordinance (Section
21 5.2 of the UDO) modifying the Motor Vehicle Sales & Rental (New and Used) use
22 category to allow the sale and rental of motor vehicles in the Neighborhood Commercial
23 Two (NC-2) zoning district as a permitted use.
24 Within his application, Mr. Lloyd is proposing to cap the allowable number of
25 automobiles displayed/stored on NC-2 zoned property to twelve (12).
26 If approved, the proposed text amendment will be incorporated into either Section 4.3
27 Table of Permitted Uses of the Zoning Ordinance or Section 5.2 Table of Permitted
28 Uses of the UDO (whichever document is in effect at the time of approval).
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30 Pur ose: To review the item and receive citizen comment on the proposed text
31 amendment.
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33 Accommodations for individuals with physical disabilities can be provided if the request is made
34 to the Director of Planning at least 48 hours prior to the Public Hearing by calling the one of the
35 phone numbers below. The full text of the public hearing items may be obtained after February
36 18, 2011 from the Planning Department (Note: the UDO is available only digitally via the
37 Department's website or a CD containing a PDF file of the document may be obtained from the
38 Department). The agenda abstract and attachments may also be obtained at the County
39 website www.co.orange.nc.us at the Meeting Agendas link prior to the meeting.
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41 Questions regarding the proposals may be directed to the Orange County Planning Department
42 located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201,
43 Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday.
44 You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will
45 answer your questions.
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48 PUBLISH:
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News of Orange Chapel Hill Herald
February 16, 2011 February 16, 2011
February 23, 2011 February 23, 2011
February 1, 2011 -Consent Agenda -Questions and Comments From Commissioner Gordon
Item 4-f Community Development Block Grant Award (Rogers Road community) and
Item 4-g DTCC Kitchen Culinary Program
I would like to pull these two items from the Consent Agenda to highlight them.
Item 4-i - Quarterly Public Hearing Notice
A-1 Unified Development Ordinance (page 2)
Is it true that hard copies of the UDO document are not available in the public libraries?
If they are not, they should be made available since it would be a benefit to the public. Then
the hearing notice should be modified to state in which libraries the document is to be found.
That change should be made in the text for A-1 and also in the next to last paragraph on page
3.
A-2 Master Telecommunications Plan Map (page 2)
(Note: Shouldn't the abbreviation be MTP Map, not just MTP?)
To make the notice more informative and transparent, I suggest the following additional
language or something similar (and of course checked by the staff for accuracy). Also a good
color MTP Map should be made available.
(1) Start with the sentence "Properties identified on the MTP Map may include:"
a. Change the third bullet to add the word "Private" so it reads
"Private property where current owners have expressed a formal interest to the County in
locating telecommunications towers."
b. Now add the language given below:
"The draft Master Telecommunications Plan (MTP) Map is available on the Planning
Department's web site at (give reference)."
"There are 14 proposed properties located on this map. Current owners may make a formal
request to have their properties added to the map by (give the process and deadline).
c. Change the first sentence of the next paragraph to the language below:
"The MTP Map identifies potential locations for...."
(2) Now go the next to the last paragraph on the page and add the following language at the
end:
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"...may not require a special use permit. However, for towers 150 feet in height or less, being
included on the MTP Map means that the towers are approved administratively rather than
requiring a Class B Special Use Permit."
Commissioner Gordon pointed out that she wanted the public to be aware of how to
apply for telecommunication towers. She also thought it was important that people knew that if
the site was on the map, if it was aCounty-owned site, then it could be approved
administratively rather than requiring a Class B Special Use Permit. She also pointed out that
when this public hearing agenda was approved, there were 14 sites and now there are 10 sites.
Planning Director Craig Benedict went over the agenda items for the QPH. He made
reference to the question about the map and whether the property owners of sites on the map
had any special rights. Any land that the County owns, even if it is not on the MTP map, does
not have to go through a special use permit. The map is posted on the website and if property
owners call the Planning Department, then they can find out how to get on the Master
Telecommunication Plan map in the future. There were 14 sites originally, and there was
discussion about the sites and the staff decided to pick three sectors -Little River Township,
Cedar Grove Township, and Bingham Township.
Commissioner Gordon asked how many of these sites were public. Craig Benedict
said that the fire stations -White Cross, Eno, Caldwell, and Cedar Grove -are public sites.
OWASA is considered a public site also. The Future Northeast Park, Walnut Grove Solid
Waste Center, Cedar Grove Park, and the County soccer fields are County-owned sites.
Occoneechee Mountain is also County-owned. There is a private site in the southeast corner of
the County that serves an important public safety purpose because there is a void in that area.
Commissioner Jacobs thanked the staff for switching the bulls eye from Little River
Park to the fire department. This site would serve the County equally as well. He said that the
wording is less preemptive than what it was previously, and he appreciates this. He is still not
sure it communicates adequately what is going on, but he will wait until the public hearing to
address this. He said that he spoke with Craig Benedict today about this regarding the County
being subject to the same standards as the private developers.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
ask staff to bring to the public hearing criteria which the County would apply to its own sites
regarding things like the balloon test, public notice to adjacent property owners, siting
limitations, etc., so that it can be part of a record that people see at the public hearing.
VOTE: UNANIMOUS
Frank Clifton said that this is fine.
Commissioner Gordon asked if the ordinance says that the public sites have to go
through the balloon test and Craig Benedict said no.
A motion was made by Commissioner Gordon that any of the sites on this list have to
go through the same public hearing, balloon test, and other criteria.
There was no second.
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Craig Benedict said that, with the previous motion, since the County is the property
owner, it can self-impose those conditions. If those conditions are to be imposed on quasi-
public or private property, then the ordinance has to be changed.
Commissioner Gordon said that she will have to bring this up at the public hearing
because that is quite a difference.
Craig Benedict further clarified that if the private properties put public safety facilities on
the towers, then they do not have to go through a special use permit.
Commissioner Jacobs said that since the County adopted the ordinance, the County
has not seen a tower greater than 150 feet.
Chair Pelissier said that Craig Benedict can flag this for something to discuss during
Phase 2 of the UDO.
A motion was made by Commissioner Gordon, seconded by Commissioner
Hemminger to approve the proposed February 28, 2011 Quarterly Public Hearing legal
advertisement including the suggestions made by Commissioner Gordon.
VOTE: UNANIMOUS
6. Public Hearings
a. Orange County Consolidated Housing Plan Update
The Board received comments from the public regarding the housing and non-housing
needs to be included in the Annual Update of the 2010-2015 Consolidated housing Plan for
Housing and Community Development Programs in Orange County and proposed uses of
2011-2015 HOME funds.
Housing and Community Development Director Tara Fikes said that the purpose of this
public hearing is to receive comments regarding housing and non-housing needs to be included
in the annual update of the 2010-2015 Consolidated Housing Plan for Housing and Community
Development Programs in Orange County. Contained within this plan are four goals that the
County is working towards in addressing affordable housing community. There are four goals
with the update:
1) Provide decent and affordable housing for lower-income households
2) Provide housing and services for homeless populations
3) Provide housing and services for special needs populations
4) Increase capacity and scope of public services
The second part of the public hearing is to receive comment on the proposed use of
$733,000 in HOME funds anticipated in the coming year. This is a HUD funded program and
allows activities such as property acquisition, new construction, housing rehabilitation, and
rental assistance. An application form has been designed for agencies who are interested in
accessing these funds. The form is available in all local government offices -County and
Towns -and is also available on the website. The deadline for submitting applications for
HOME funding is February 28tH
PUBLIC COMMENTS:
Susan Levy, Executive Director of Habitat for Humanity, handed out DVDs from the 25tH
anniversary celebration. Commissioner Foushee spoke on the County Commissioners' behalf.
She reviewed a summary of the past year's activities. She said that Habitat hopes to assist the
County in meeting Goal #1. Habitat for Humanity has continued to provide affordable housing,
despite the economy, by forming partnerships with employers like UNC, UNC Healthcare,
Orange County Schools, and with the faith communities. Volunteers are used to keep the costs
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as low as possible. There were 4,000 volunteers that gave 20,000 volunteer hours in 2010. In
2010, Habitat built its 200th home in Orange County. She gave some more encouraging
statistics of the activities from the year. She said that Habitat serves people that are between
30-60% of the area median income. For the upcoming fiscal year, Habitat will be asking for
HOME funding to continue to support home building efforts in the Rogers Road community with
50 green-certified homes. They will be looking to the HOME funding to help with pre-
development and land acquisition costs for a property currently under contract in the Efland
community to build 26 affordable homes. This will be submitted as an application to Orange
County soon.
Robert Dowling, Executive Director of Community Home Trust, said that he gave an
update a couple of weeks ago on what was accomplished recently. The Community Home
Trust has two requests for HOME funds. One is for operating funds of $30,000. The Home
Trust is not asking for additional funding from the County this year or from anyone else, but the
$30,000 will help to augment the operating budget. The second request is for funds to help
subsidize homes. This request is for $185,000. He said that the reason this is so high is
because of the new housing requirements.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to close the public hearing.
VOTE: UNANIMOUS
b. Orange County's 2011 Legislative Agenda
The Board conducted a public hearing on Orange County's potential legislative items for
the 2011 North Carolina General Assembly Session and reviewed and discussed potential
items for inclusion.
Assistant to the County Manager Greg Wilder pointed out the two additional documents
at the County Commissioners' places (peach and buff-colored). He said that Chair Pelissier
and Commissioner Jacobs served as the Board of County Commissioners representatives to
the Legislative Issues Work Group. They met with staff and developed this potential legislative
package. On January 20th, the County Commissioners approved an advertisement for the
public hearing of this meeting. He went through the materials in the agenda packet. The
Manager recommends approval of the three Legislative Matters Resolutions that deal with
hunting deer with dogs, Orange/Alamance County Line, and Commissioners' Disclosure;
approval of the Statewide Issues Resolution; approval of the items of interest and areas of
support documents; and consideration of identifying some issues of focus in the February 28tH
meeting of the Legislative Delegation.
Frank Clifton asked Deputy Clerk David Hunt to come forward with a potential legislative
agenda item.
David Hunt said that this has been a topic of discussion in many counties statewide and
the NCACC is putting this as part of its legislative package. He read the statement, "to seek
legislation to protect the privacy of email notification and distribution lists of citizens who have
requested electronic communication in local governments." In Orange County, in the past year,
a new list tool has been implemented and there are 15 different groups within the County that
are using this to communicate with the public. Members of the public request to be on this list
voluntarily. As it stands right now, this list of email addresses is a matter of public record and
anyone can ask for it (including commercial entities). This legislation would allow the list of
names to be available to the public, but it would not be provided electronically or in a printed list.
11
1 PUBLIC COMMENT:
2 Steve Graf spoke in regards to the dog hunting issue. He said that he appreciated the
3 Board of County Commissioners' efforts with moving this item forward. He thanked the Sheriff
4 and his Deputies, who did a lot of extra patrols. It made a big difference.
5 Carol Ann McCormick spoke about the Orange/Alamance County Line issue. She lives
6 on Morrow Mill Road. She said that she and her neighbors continue to be concerned about this
7 issue and they were included in the 91 % of the properties that were agreed upon, which means
8 that as of January 2012, they will be transferred to Alamance County. She said that they
9 continue to want to remain part of Orange County. She is disappointed that they have not been
10 able to convince anyone that they should remain. She asked how they would go about
11 continuing to press their desire to remain in Orange County and to continue to pay Orange
12 County taxes. She said that this community would like to be included in any discussions about
13 the Orange/Alamance County Line that take place in the future.
14 Commissioner Gordon said that if this passes, then she would like someone to answer
15 Ms. McCormick's question later.
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17 Keith Coleman said that he is the General Manager of the News of Orange. He spoke
18 about the proposed item of electronic public notices. He said that for the last several years,
19 republicans have been advocating for electronic public notices, which will save counties and
20 municipalities money. He said that he does not think this is a good idea because in this area,
21 there are many residents that do not have Internet and only get their information via
22 newspapers. He said that he is afraid that paid legal advertisements will go away. He thinks
23 that this is a mistake.
24 Tom Schopler spoke on the Orange/Alamance County Line. He lives on Morrow Mill
25 Road. He said that he would also like to remain in Orange County. He said that this is
26 basically giving Alamance County what it wants. He said that once the County Commissioners
27 agree to the 91 %, then there is no longer an item for the Commissioners to act. He said that he
28 wishes that Orange County would push back against Alamance County instead of letting them
29 dictate what happens to Orange County citizens. He said that he is in contact with State
30 legislators to try and get some pressure put on Alamance County from that side. He thinks that
31 a little resistance from Orange County Commissioners will allow time to facilitate that pressure.
32 A motion was made Commissioner Hemminger, seconded by Commissioner Foushee
33 to close the public hearing.
34 VOTE: UNANIMOUS
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36 A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
37 approve the three proposed legislative matters resolutions with exhibits -Hunting Deer with
38 Dogs, Orange-Alamance County Line, and Commissioners' Disclosure.
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40 Commissioner Yuhasz said that the hunting deer with dogs was something they
41 promised last year and he is in favor of continuing this. He does have concerns with the
42 Orange-Alamance County Line proposal for the reasons that have been stated when this
43 moved forward the last time. He said that he has a commitment to the people who are within
44 the 9% that is yet to be discussed. He does not feel that they have upheld the commitment to
45 the Morrow Mill Road residents and he thinks that this commitment was made by both Boards
46 of County Commissioners in more than one meeting. He has a problem asking that this go
47 forward in this way.
48 Commissioner Foushee said that there is not a member on this Board that does not
49 have concerns about the residents on Morrow Mill Road. She thinks that on two separate
50 meetings, it appeared that there was agreement from both Boards that they would move
12
1 forward in keeping the residents in Orange County. She would like for the Manager or the
2 Attorney to speak to the question that was asked by the first citizen so that there is an
3 understanding of what the Board can do if this is passed.
4 Frank Clifton said that during this process there were County elections in both counties
5 and the membership of the Board in Alamance shifted slightly. He said that there was
6 reluctance with Alamance County to move from the line that was surveyed by the State. He
7 said that the 91 % solution met the criteria that both Boards agreed to. The other 9% is still
8 under negotiation. He said that if the legislature in general decided to change the line, it has
9 the authority to do so. He said that the areas in question can come back if Alamance County
10 can agree to it. He suggested treating them separately as separate bills.
11 County Attorney John Roberts said that the legislature is the final authority on
12 approving the county line. This would not go to the General Assembly until next year in the
13 short session. Alamance County's concurrence would be needed to do this. In the long
14 session following, Alamance County's concurrence would not be needed to submit a local bill
15 that brings these two communities back into Orange County.
16 Commissioner Jacobs said that he supports these two bills, but he wrote out a
17 resolution to forward to the Alamance County Commissioners. He read the resolution:
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19 "In the interest of all and moving forward with a resolution of determination of the
20 Alamance-Orange County Line, the Orange County Board of Commissioners has agreed to
21 support two bills defining 91 % of the boundary and separately to further refine the remaining
22 9% of the boundary.
23 However, we ask that the Alamance County Board of Commissioners also consider the
24 concerns of the Morrow Mill Road area and Mill Creek area residents who wish to change or
25 remain in affected counties."
26
27 A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
28 approve sending this proposed resolution to Alamance County.
29 Frank Clifton said that if they follow through on this resolution, he would suggest
30 considering a third bill to address these changes.
31 Commissioner Hemminger suggested a letter, a conversation, or a request for a
32 meeting to discuss this rather than a resolution. This would be more collaborative.
33 Commissioner Gordon said to put on record why they are going with the 91 % and the
34 9%. She asked about the effect of putting a third bill in now.
35 John Roberts said that a third bill would not get submitted in time and there are still two
36 bills that are in draft form. He was going to ask the Board to approve the two bills subject to
37 review by both counties. He doubts that a third bill would make it to the March deadline. He
38 would recommend waiting until next year and going to the General Assembly with Alamance
39 County.
40 Commissioner Yuhasz said that he agreed with John Roberts' recommendation. He
41 said that the point of the resolution was to communicate with the Alamance County
42 Commissioners about the continued concern about these two specific areas.
43 Commissioner Foushee said that her problem is with the resolution. She is all for
44 communicating, but she does not want to send a resolution.
45 Chair Pelissier said that she also does not want to send a resolution. She would prefer
46 sending a letter.
47 Commissioner Jacobs said that he does not feel that strongly whether it is a letter or a
48 resolution, but the letter should be firm.
49
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1 A substitute motion was made by Commissioner Jacobs, seconded by Commissioner
2 Yuhasz to send a letter from the Chair in consultation with the Attorney to the Alamance County
3 Commissioners to the purposes outlined in the withdrawn resolution, which was to work
4 together to resolve the issues with the two neighborhoods that would like to be included,
5 excluded, etc.
6 VOTE: UNANIMOUS
7
8 Commissioner McKee made reference to hunting deer with dogs and said that he
9 understands this ban. However, the deer population is growing rapidly and he thinks that this
10 may be a future problem because of crop and property damage from deer. He has spoken to
11 citizens in the rural areas of the County who are concerned with this.
12
13 Vote on approval of the three legislative items.
14 VOTE: UNANIMOUS
15 Attachment 3
16 Chair Pelissier made reference to Attachment 3 and the State wide issues. The
17 additional item related to distribution lists is on the salmon-colored sheet.
18 Commissioner Jacobs said that this is not a priority in Orange County government and
19 he always has concerns any time government tries to restrict access to information. There are
20 enough issues with people trying to get information from the government.
21 Commissioner Gordon suggested adding this to the areas of interest (blue sheet).
22 Chair Pelissier clarified that Attachment 3 was not on the list of high priority items.
23 A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
24 put this item on the items of interest and state that there is an issue.
25 VOTE: UNANIMOUS
26
27 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
28 approve Attachment 3, Resolution Regarding Legislative Matters.
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30 A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
31 consider Item 1 of the resolution separately from the other items so that he can vote against it.
32 VOTE: UNANIMOUS
33
34 Item 1
35 Commissioner Yuhasz said that his opposition to this is because it gives the Board of
36 County Commissioners the opportunity to adopt a revenue option, namely a transfer tax that the
37 citizens of Orange County clearly rejected. He does not want to adopt what the citizens have
38 rejected.
39 Commissioner McKee agreed with Commissioner Yuhasz and said that the County
40 Commissioners already have an option of revisiting failed revenue votes if they feel strongly
41 enough to go back to the voters. He has a problem going around the wishes of the voters.
42 Commissioner Foushee agreed with Commissioner McKee and Commissioner Yuhasz
43 because they lobbied for having the ability to obtain revenues like other counties but the
44 residents of Orange County do not want a transfer or an additional sales tax.
45 A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
46 change item #1 from Attachment 3 to read, "seek legislation to allow all counties to enact by
47 resolution or, at the option of the Commissioners, by vote of referendum, any or all revenue
48 options other than a real estate transfer tax from among those that have been authorized for
49 any other county."
14
1 Commissioner Hemminger asked if this would affect raising the motor vehicle tax or
2 other small ways of increasing revenue and it was answered no.
3 Commissioner Yuhasz said that he appreciated the effort to resolve this, but he does
4 not think that it is appropriate for the Orange County Board of Commissioners to have the
5 option to impose any source of revenue that has been approved by any other county in the
6 State. Other counties have different situations. He is concerned that Orange County might
7 decide that it needed to impose one of those revenue options that was available to another
8 county that is inappropriate for Orange County. He cannot support this kind of broad-based
9 authorization for imposing taxes that have not been considered in the context of this particular
10 county.
11 Chair Pelissier said that she fully supports the options. She understands that things
12 have been on the referendum that voters have rejected, and they were on a referendum
13 because the State legislature required the County to put it on a referendum. She said that it is
14 very hard for individuals to vote yes to taxes in general. She said that if the County
15 Commissioners had revenue options, they would not make foolish decisions and would tailor it
16 to the needs of the citizens and try to have a taxation system that is equitable. Property taxes
17 are not equitable to all citizens in Orange County. She would like to see a little more flexibility.
18 Commissioner McKee said that he sees this as a matter of the taxpayers, if they speak
19 and say no to a tax, then he does not see it as a Board prerogative to be able to find an
20 alternative avenue to impose another tax.
21
22 VOTE: Ayes, 3 (Commissioner Hemminger, Commissioner Foushee and Commissioner
23 Jacobs); Nays, 4
24
25 MOTION FAILED
26
27 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
28 to approve Item #1 from Attachment 3, Resolution Regarding Legislative Matters.
29 VOTE: Ayes, 5; Nays, 2 (Commissioner Yuhasz and Commissioner McKee)
30
31 (Vote on remainder of Attachment 3)
32 VOTE: UNANIMOUS
33
34 Attachment 4 -Proposed Legislative Matters on Statewide Issues
35 Commissioner Jacobs thanked the staff for the information about help for the
36 permanently disabled. This is related to the Homestead Exemption Relief Program. He
37 suggested providing some background information on this to share with the legislators. Also,
38 regarding electronic advertising, he said that the Board was just talking about it as an additional
39 authorized option and not as a substitute for print.
40 Commissioner Gordon said that this might be a slippery slope to eliminating print
41 advertising.
42 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
43 approve the items of interest as stated (salmon-colored sheet) with electronic advertising as a
44 separate vote.
45 Commissioner Yuhasz said that he has some concerns about the forestry notification.
46 Commissioner Gordon and Commissioner Jacobs agreed to this.
47 The motion included everything except forestry notification and electronic advertising,
48 which will be addressed separately.
49 VOTE: UNANIMOUS
50
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Forestry Notification
Commissioner Yuhasz said that he has some concerns with requiring people to notify
their neighbors about what they have a right to do. Most of the heavily wooded areas in Orange
County are under some kind of forestry plan and receive a reduced tax rate as a result of that.
Part of the requirement of any forestry plan is that the trees be cut and harvested. This is an
agricultural activity with timber being the product. He thinks that the people who live adjacent to
these large wooded tracts should anticipate that at some point in the future, the property will be
logged.
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
not include this as an item of interest.
Commissioner Hemminger disagreed because when this activity is done there is a lot
of noise and trucks and it is a courtesy to notify of this activity.
Commissioner Yuhasz said that people should not necessarily be discourteous, but
they should not be required to do this.
Commissioner Jacobs agreed with Commissioner Hemminger. He thinks that many
times these are commercial entities doing the logging and it distresses citizens.
Commissioner Foushee agreed that it does require people to be courteous to their
neighbors, and then they have a right to do what they have a right to do.
VOTE: Ayes, 2 (Commissioner McKee and Commissioner Yuhasz); Nays, 5
MOTION FAILED
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
keep the Forestry Notification on the Items of Interest in Attachment 4.
VOTE: Ayes, 5; Nays, 2 (Commissioner McKee and Commissioner Yuhasz)
Electronic Advertising
A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to
delete this item from the Items of Interest.
Commissioner McKee said that there is nothing to prevent anyone from advertising
these notices electronically. He agrees that this might be a step down the path toward
eliminating the requirement that the ads must be placed in newspapers.
Commissioner Hemminger said that she appreciates that, but the reality is that most of
these things will be electronic.
Commissioner Jacobs said that if the majority of the Board wants to take this off he
thinks they should still affirm that the staff should use both newspaper and electronic notices.
VOTE: Ayes, 4; Nays, 3 (Chair Pelissier, Commissioner Foushee, and Commissioner
Hemminger)
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
direct staff to use both newspaper and electronic means for notices.
VOTE: UNANIMOUS
Chair Pelissier asked for a motion on the Areas of Support, which is part of attachment
4.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve the Areas of Support.
VOTE: UNANIMOUS
16
1 NCACC 2011-12 Legislative Goals
2 Commissioner Foushee said that these are items that are very prevalent in Orange
3 County.
4 A motion was made by Commissioner Foushee, seconded by Commissioner
5 Hemminger to make item #2 the first choice (Reinstate ADM and lottery funds for school
6 construction) and item #1 the second choice (Oppose shift of state transportation
7 responsibilities to counties).
8 VOTE: UNANIMOUS
9
10 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
11 support keeping #3 (Ensure adequate mental health funding) and #5(Authorize local revenue
12 options).
13 VOTE: UNANIMOUS
14
15 7. Regular Agenda
16 a. Impact Fee Reimbursement Request
17 The Board considered an impact fee reimbursement request from Habitat for Humanity
18 of Orange County, NC. Inc. for $72,239 for ten (10) homes recently constructed in the County.
19 Frank Clifton said that the County has, in the past, set aside funding to pay the impact
20 fees on affordable housing units as they qualify. Once this request is approved, the funding will
21 have been depleted. There are some large projects coming forward and the Board will need to
22 decide how to proceed with the impact fees regarding affordable housing.
23 Commissioner Foushee said that given that the available funds from the bond are more
24 like $130,000, then the County Commissioners should take the opportunity to hold those funds
25 and make a decision on how they plan to meet the obligations for the remaining units that will
26 come online in the next couple of years before that money is dedicated for another purpose.
27 Commissioner Gordon would like to find out how many units will need to be funded for
28 this fiscal year. She agreed with Commissioner Foushee about holding the money for that
29 purpose.
30
31 PUBLIC COMMENT:
32 Robert Reda said that he is a member of the Board of Directors of Habitat of Humanity.
33 He thanked the Board of County Commissioners for their continued support for their work. He
34 said that they recognize the difficult position that the Board of County Commissioners is in with
35 limited resources. He said that Habitat is looking at other options, but having to pay this impact
36 fee would be a deep hole in their budget because the impact fees have risen steadily in the past
37 few years. He said that the Habitat homes are considered costing approximately $78,000 and
38 the impact fees are almost 13% of that figure. He said that in the next 24 months, there will be
39 about 26 homes built by Habitat.
40
41 Commissioner Yuhasz asked when Habitat would ask for the reimbursements and
42 Robert Reda said after the closings.
43 Commissioner Jacobs said that he would like to see an accounting of all of the bond
44 money that the County has spent. He was under the impression that the County had spent all
45 of the bond money. He asked if HOME funds could be used as impact fee reimbursements.
46 Tara Fikes said that they could be used for impact fees if it is done during the
47 construction phase.
48 Commissioner Jacobs said that he would like to refer this to the Affordable Housing
49 Advisory Board to discuss the options.
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Tara Fikes said that the County did commit all of the bond money that was available, but
all of it has not been expended. The $130,000 has been made available because there was a
commitment to the Chrysalis Foundation, who has now gone out of business.
Chair Pelissier asked if there would be any other requests this fiscal year and Frank
Clifton said that Habitat would be closing on seven homes this fiscal year.
Commissioner Gordon said that she remembers that the County has a policy to
reimburse impact fees. She thinks that Habitat and the others that come in would have an
expectation that the impact fees would be reimbursed. She would advocate for approval of this
in full.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve an impact fee reimbursement request from Habitat for Humanity of Orange County,
NC. Inc. for $72,239 for ten (10) homes recently constructed in the County, and then figure out
whether there should be a change in the policy going forward.
VOTE: UNANIMOUS
Commissioner Jacobs said that as part of the development of the policy he would hope
that the Affordable Housing Advisory Board would be included.
Robert Reda said that Habitat has 31 families that have been approved for homes and
all of those families already reside in Orange County. There would not be a further impact on
the schools.
b. Peddlers and Solicitors Ordinance of Orange County
The Board considered an ordinance to regulate door to door offerings for sale and
selling of goods, wares, merchandise, food, periodicals and services and the solicitation of
orders or the solicitation of monetary contributions in residential areas of the county, and to
promote the public safety and welfare.
Willie Best introduced this item. In September, the County Commissioners requested a
draft ordinance and staff consulted with the Sheriff and the County Attorney. Only two counties
in the state have this sort of ordinance - Pasquotank and Catawba. Each of these counties has
had difficulties with the ordinance.
John Roberts said that the research on this is not complete and was only prepared as a
report item to seek input from the Board. He said that the County Commissioners should not
adopt this until there is further study. One concern is the fee structure. He also has concerns
with non-profits and thinks that they should be exempt altogether.
Frank Clifton said that certain properties could be posted that no soliciting was allowed
and this would still work.
John Roberts said that the County Commissioners received an email from Orange
County Voice and a couple of things are not true, but one suggestion from this group was illegal
and that is for towns to extend their ordinance permits to the County.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
not to move forward on this item.
VOTE:UNANMOUS
Chair Pelissier said that there was great success in apprehending some criminals in the
County by the cooperation between the Sheriff's Department, Orange County Voice, Orange
Grove Fire Department, and other individuals in the community. She thinks that this is the kind
of effort that is needed. If there was an ordinance, then individuals could pose as anon-profit.
8. Reports-NONE
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9. County Manager's Report
Frank Clifton said that the Sheriff and his staff have been extremely efficient and
cooperative.
10. County Attorney's Report
John Roberts said that he conveyed the message about the Water and Sewer
Management Planning and Boundary agreement clarification language to the Attorney for
OWASA, who said that he very much appreciates Commissioner Cordon's recommended
changes in the language. The new language agreed upon by the two attorneys has been
submitted to the Town attorneys so that their boards can consider it.
11. Appointments -NONE
12. Board Comments
Commissioner Hemminger said that all of the parks and recreation departments in the
County will be meeting tomorrow night. The DTCC Orange County Campus will be used. This
will be a brainstorming and collaboration meeting.
Commissioner McKee said that he attended the Communities in Schools meeting last
week and they are facing financial difficulties in the coming years.
Commissioner Foushee said that she met with the Governor with a delegation of leaders
in the State yesterday. She sent a synopsis of the meeting via email.
Commissioner Jacobs distributed a brochure about the agricultural processing center.
He said that he and Chair Pelissier represented the Board at the Human Relations Month
Kickoff event.
Commissioner Gordon distributed handouts and gave a report on Triangle Transit.
There was a meeting on January 16th and they talked about a financial model and the Triangle
Regional Transit Update. She reviewed these handouts which are attached and made part of
these minutes.
Chair Pelissier said that they had their first transit meeting on the Orange County Transit
Plan with the Towns, UNC, and Triangle Transit. There is a rough outline of a timeline of
engaging all of the stakeholders in the Orange County Transit Plan. One of the big issues is
who is going to pay for the line between UNC and Leigh Village. There will be a series of
meetings scheduled.
Chair Pelissier reported that she attended a meeting of the Mayors, representatives of
UNC, representatives of Chapel Hill-Carrboro Chamber of Commerce and Hillsborough
Chamber of Commerce to discuss common interests related to economic development. There
was a discussion about common priorities. The group was very interested in knowing what
directions the County Commissioners might take at the retreat.
Chair Pelissier said that last week was her last meeting on the OPC Mental Health
Board. There were discussions about the scenarios for the potential budget cuts coming down
from the State. There may be some serious implications for certain programs.
13. Information Items
• January 20, 2011 BOCC Meeting Follow-up Actions List
14. Closed Session-NONE
15. Adjournment
19
1 A motion was made by Commissioner Hemminger, seconded by Commissioner
2 Foushee to adjourn the meeting at 9:55 PM.
3 VOTE: UNANIMOUS
4
5 Bernadette Pelissier, Chair
6
7 Donna S. Baker, CMC
8 Clerk to the Board