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HomeMy WebLinkAboutMinutes 02-15-2011 � APPROVED 4/5/2011 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING February 15, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 15, 2011 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Valerie 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 inembers will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Chanqes to the Aqenda - Melon-colored sheet: item 3-a, Arts Grants Recipients -PowerPoint for item 3-c, Community Spay and Neuter Program - Light blue sheet: item 7-d, Appointment of New Tax Administrator and Creation of Time-Limited Tax Administration Advisor Position. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve adding item 3-d to the agenda—Appointment of New Tax Administrator and Creation of Time-Limited Tax Administration Advisor Position. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve adding two closed session items to the agenda as follows: Add two closed session items: "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS§ 143-318.11(a)(6). To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged," NCGS 143-318.11(a)(3). � VOTE: UNANIMOUS Chair Pelissier said that she wanted to introduce the Manager of the Value-Added Processing Center and the new Interim Economic Development Coordinator after the public comments. The Board agreed. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda Doris Friend, President of the Board of Directors of the Family Violence Prevention Center (FPVC) of Orange County, said that she used to be Director of Employment and Improvement at UNC Health Care. In November 2004, one of her staff was murdered by her husband in the parking lot of their office, and this brought the issue of domestic violence into her life. The victim was a mother and valued employee. She said that last year the FVPC served more than 800 clients and saved some lives. She said that the FVPC is the only agency in Orange County to provide services to victims of domestic violence and all of the services are free. The agency has been serving Orange County for more than ten years and administratively they are very stable. All of the members of the Board of Directors serve three- year terms and the majority is serving a second term. The staff is also well-trained, professional, and dedicated. She said that this is a daily struggle financially. She said that the vision is to have a location where all of the needs of the victims are met, violence is stopped, families are healed, and hope is realized. She hopes that the County Commissioners will join them to see howthey might make this happen. Fran Lynch is a Board member of the FVPC. She said that domestic violence is a serious public health and workplace issue that affects families of every social, economic, religious, and ethnic persuasion. She said that the CDC estimates that the annual cost of lost productivity due to interpersonal violence is 8 million paid work days lost every year, which is the equivalent of 32,000 full-time jobs. She gave more statistics about domestic violence. She said that a key component of a domestic violence program would be the education of all Orange County employers and County government personnel. This is one of the tasks that the FVPC has taken on to ensure that employers understand the issue. She asked the County Commissioners to lead by example and commit to establishing an Orange County non- violence and schedule for training to be conducted in all County departments. Firoza Mistry is a Board member and Treasurer of the FVPC. She is also an accounting manager for UNC Health Care. She said that she chose to invest time in the FVPC because she believes in its cause. She assured the County Commissioners that the FVPC is hyper-vigilant about the public funds invested in it. She asked the County Commissioners to join them in expanding to form a countywide collaboration. Bridget Cook is also a Board member with the FVPC. She also works as a branch manager for Harrington Bank. She joined the FVPC because it was not an obvious choice for a non-profit to volunteer for and she has learned that domestic violence does affect the community much more than she ever realized. She asked for the Board's help in forming a countywide alliance to educate the community with a focus on prevention. � Chair Pelissier said that the Board has recently discussed how to respond to public requests, and a policy has not yet been adopted. She assured the public that the County Commissioners will refer this matter to staff and will respond to the request. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) Introduction of New Interim Director of Economic Development and New Manaqer of the Value Added Processinq Center Frank Clifton introduced Gary Shope as the Interim Economic Development Director. He said that Mr. Shope has worked for RTP, the Department of Commerce, and has an extensive background in helping existing businesses expand and recruiting businesses. Gary Shope made some introductory remarks and said that he looked forward to working with Orange County. Noah Rannells introduced Matthew Roybal, the Manager for the Value Added Processing Center. Mr. Roybal is a resident of Hillsborough and has significant experience in food entrepreneurship, business planning, specialty food, retail grocery, and coop grocery. The plan is for the center to be open in April. Matthew Roybal made some introductory comments. 3. Proclamations/Resolutions/Special Presentations a. Oranqe Countv Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Orange County Arts Grants. Martha Shannon is staff support for the Arts Commission. She said that in the fall of 2010, the Orange County Arts Commission received a total of$38,916 in grant requests. The grants totaled $23,868 in County funds to 11 non-profit organizations, eight schools, and three individual artists for arts projects. The recipients are here to accept these grants. She thanked the County Commissioners for their continued support. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the recommendations for the local recipients of Orange County Arts Grants. VOTE: UNANIMOUS Fall, 2010 Grant Recipients: Attendees: A.L. Stanback Middle School- Janice Wereszczak A.L. Stanback/C.W. Stanford/Gravelly Hill Middle Schools Coalition Clark Norman ArtsCenter Ed Camp Cara Biasucci Cara Biasucci Krista Bremer Not present Carrboro High School Pertorming Arts Boosters Susana Dancy Cedar Ridge High School- Janice Wereszczak � Chapel Hill-Carrboro Public School Foundation Suki Newton & Kim Hoke Door to Door of UNC Health Care Joy Javits Eno Publishers Elizabeth Woodman Franklin Street Arts Collective dba FRANK Gallery Gordon Jameson Friends of the Carrboro Branch Library Nerys Levy&Anne Pusey Grady A. Brown Elementary School PTA Nicole Judice, Fay Jones&Terry Law Hillsborough Arts Council Heather Delisle Historical Foundation of Hillsborough &Orange County Darcie Martin McDougle Elementary School PTA Michele Melet New Hope Elementary School Judy Bruce, Ann Leck North Carolina Symphony Rachel Ash PACE Academy Jane Miller&Christine Norton Public Arts Office, Town of Chapel Hill Jeff York Mary Carter Taub Mary Carter Taub Unified Theater, Inc. Elise Hopkins b. Update on the Recommendations for pomestic Violence Shelter Service The Board received an update from The Women's Center on activities underway as a result of the final report of the Domestic Violence Shelter Work Group of the Commission for Women in the summer of 2010. Assistant County Manager Gwen Harvey introduced this item. She said that this is an official update from this work group on the recommendations for a domestic violence shelter service. The original report was given to the Board of County Commissioners in June 2010 and the Board asked for an update in early 2011. She said that the Commission for Women has not been officially sunset by the Board of County Commissioners, but staffing for this issue is now being done by the Women's Center in Chapel Hill. She introduced Ann Gerhardt, who is the Executive Director of the Women's Center in Chapel Hill. Ann Gerhardt said that her agency was charged to follow up on domestic violence shelter service. She said that the recommendations were attached to the agenda and it was a tiered approach. Tier one is to use a virtual approach, which is using hotels for shelter for victims of domestic violence or sexual assault. Last year approximately 30 hotel nights were utilized, typically one or two nights at a time. This approach also uses volunteers from the agencies to accompany clients to the hotel and make sure they are available and on call during the time that the clients are there and until the time that the client leaves the hotel. She said that she has met with the Executive Directors of Orange County Family Violence Prevention Center, Orange County Rape Crisis Center continuously over the last six months to address all of these issues. Within the last couple of weeks, she has met with Linda Efland � with the Chapel Hill-Orange County Visitor's Bureau, who has agreed to pull together all hotels in Orange County to meet and come up with a concerted community response to this effort. Tier two involves the possibility of expanding services with Project Home Start. The Inter-Faith Council is managing a transitional shelter and this is very busy. She has held initial discussions with the IFC leadership and will continue to explore this possibility of expanding services at Home Start. There would have to be funding for increased security, increased staffing, and other physical and emotional support services for clients. She has also explored HUD funding for transitional housing to upgrade current facilities at Project Home Start. She will continue discussions with these two groups. Tier three involves a bricks and mortar shelter. She said that she and Beverly Kennedy have done some initial assessment with exploring other shelter models. Movement on this would require a more concrete needs assessment. This is probably not feasible from a budget standpoint. Commissioner Gordon said that she had asked about Project Home Start. It is located on three acres owned by Orange County on the Southern Human Services Center campus. The County has leased the land to Project Home Start as a 25-year lease starting in 1995. She gave some historical background. c. Resolution Declarinq Februarv 22, 2011 as Spav Neuter Dav USA in Oranqe Countv and Communitv Spav and Neuter Proqram Presentation The Board considered a resolution declaring February 22, 2011 as "Spay/Neuter Day USA" in Orange County, received an overview and update on the County's Community Spay and Neuter Program, and considered authorizing the Chair to sign. Animal Services Director Bob Marotto introduced and recognized Sarah Fallin, Volunteer Coordinator for Orange County Animal Services; Kris Bergstrand, Chair of the Animal Services Advisory Board; Beth Livingston, Executive Director of AnimalKind; and Social Services Director Nancy Coston. He said that this will be the fourth consecutive year that the Board of County Commissioners has adopted the spay/neuter day resolution. Bob Marotto made a PowerPoint presentation. Community Spay&Neuter Program Making sense&saving cents in Orange County! What It Is&How It Works - Targeted Spay/Neuter; Identifying a segment of the community with a critical need for spay/neuter services - Offering low-cost spay/neuter options to those identified populations that would otherwise not spay and neuter their pets - AnimalKind &and$20 Fix Targeted Spay&Neuter: The Theory - Spay/neuter that would otherwise not be done - Lowered animal admission - Controlling costs of animal services - Fewer litters; fewer"surplus pets" - Less euthanasia Other Observations � - Non-spay/neuter o Out of County surrender fee o Field service fees for surrenders o Changes in cat trapping program - Spay/Neuter o Multiple initiatives in Triangle o Fixed clinics(including HQ HV LC clinics) o Mobile clinics(POP-NC, etc.) - IYs a community effort! - Even clearer picture going forward Benefits - Lowering Admissions o Fewer litters; fewer"surplus" pets o Lower euthanasia rates - Animal Service Operations o Controlling animal care costs o Animal Services Center staffing - Bringing People Together o Partnerships o Common ground - Modeling Public Policy o Self-funded program and growing o Tar Heel SNIP Summit - Promoting Responsible Pet Ownership PUBLIC COMMENT: Beth Livingston, Executive Director of AnimalKind, said that Orange County Animal Services is getting noticed in Orange County and nationally. She said that the Animal Services Department was raising the bar for professionalism for taking the lead in finding the most effective and cost-effective programs. Commissioner Jacobs made reference to the increasing gap between live releases and euthanized animals. He asked if this was a reflection of the design and purpose of the newly opened shelter. Bob Marotto said that the Animal Services Center is recognized as a facility that fosters animal health and allows them to care for animals psychologically as well as physiologically. I 2011 Spay/Neutel' Day US� ,- Formatted:Font: ��pt,Boid WHEREAS, cats and dogs provide companionship to and share the homes of thousands of individuals in Orange County; and � WHEREAS, spayed and neutered animals are less likely to have certain health problems or exhibit certain undesirable behaviors that can create community-wide problems and use community resources; and WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds of thousands of dollars annually through animal control and sheltering programs aimed at coping with unwanted and homeless cats and dogs; and WHEREAS, humane societies and shelters throughout the country have to euthanize approximately four million cats and dogs each year, although many of them are healthy and adoptable, due to the lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the Animal Services Advisory Board and the Animal Services Department have made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A Strategic Plan for Orange County; and WHEREAS, the County has established a Community Spay/Neuter Fund to address the issue of pet overpopulation in the County; and WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been shown to drastically reduce overpopulation; and WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social Services to offer "low cosY' and "no cosY' spay and neuter through The $20 Fix in Orange County; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private citizens work together each year to ensure the spaying or neutering of thousands of companion animals through"Spay Neuter Day USA"; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private citizens have joined together again this year to advocate and support the spaying and neutering of companion animals on"Spay Day USA 2011." NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners � declare that February 22, 2011 as"Spay Neuter Day USA" and call upon the people of Orange County to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. THIS THE 15th DAY OF FEBRUARY, 2011. A motion was made by Commissioner Foushee seconded by Commissioner Hemminger to approve a resolution declaring February 22, 2011 as"Spay Neuter Day USA" in Orange County and to receive an overview and update on the County's Community Spay and Neuter Program and authorize the Chair to sign. VOTE: UNANIMOUS � d. ADDITIONAL ITEM—Appointment of New Tax Administrator and Creation of Time-Limited Tax Administration Advisor Position The Board considered approving a resolution appointing Jenkins Crayton as Orange County Tax Administrator, effective March 1, 2011, to fill the remainder of the unexpired term of Jo Roberson, current Tax Administrator; and to create a time-limited position of Tax Administrator Advisor to expire June 30, 2011. Michael McGinnis, Human Resources Director, said that this resolution is to appoint the next Tax Administrator, Jenkins Crayton. He said that Mr. Crayton has extensive public and private sector experience. He has also been a consultant with the State. Jenkins Crayton said that he was honored to be appointed to this position. A motion was made by Commissioner Hemminger seconded by Commissioner Foushee to approve a resolution appointing Jenkins Crayton as Orange County Tax Administrator, effective March 1, 2011, to fill the remainder of the unexpired term of Jo Roberson, current Tax Administrator; and to create a time-limited position of Tax Administrator Advisor to expire June 30, 2011. Orange County Board of Commissioners A Resolution Appointing Jenkins Crayton to Complete the Unexpired Tax Assessor and Tax Collector Terms of Jo Roberson the Orange County Tax Administrator WHEREAS, Jo Roberson was appointed by the Orange County Board of County Commissioners to serve as Tax Administrator from January 1, 2010 through June 30, 2011; and WHEREAS, the Orange County Tax Administrator serves in the statutory roles of both the Orange County Tax Assessor and the Orange County Tax Collector; and WHEREAS, Ms. Roberson will step down as Tax Administrator and serve as an advisor and consultant to the Tax Administrator effective March 1, 2011 to allow for the effective transfer of roles, responsibilities, and integration until she retires April 29, 2011; and WHEREAS, North Carolina law specifics that in the case of a vacancy occurring in the office of tax assessor, the Board of County Commissioners shall appoint a qualified person to serve as County tax assessor for the period of the unexpired term; and WHEREAS, the Orange County Manager conducted a selection process and has recommended that Jenkins Crayton be appointed to complete the unexpired terms of Jo Roberson in her capacity as Orange County Tax Assessor and Orange County Tax Collector and that he be appointed to the Orange County Tax Administrator position based on his extensive background and 20 years of public service; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners, as provided for under Chapter 105-294 and Chapter 105-349 of the North Carolina General Statutes, does hereby appoint Jenkins Crayton as Orange County Tax Assessor for the balance of the unexpired term that ends on June 30, 2011, and Orange County Tax Collector for the balance of the unexpired term that ends June 30, 2011 and such appointments to be served under the title Orange County Tax Administrator; � BE IT FURTHER RESOLVED THAT Mr. Crayton shall be compensated an annual salary of $95,000 and shall accrue annual leave at the same rate as an employee who has been employed by Orange County for 10 years. This does not include longevity, retirement credit, or any benefit other than leave accrual. Mr. Crayton shall continue to be entitled to all other pay and benefits as are made available to other permanent County employees under the provisions of the Orange County Personnel Ordinance. This the 15t"day of February 2011. VOTE: UNANIMOUS Jo Roberson recognized the Tax Administrator staff. Chair Pelissier thanked Jo Roberson for all of her hard work and dedication. 4. Consent Aqenda A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from January 20, 2011 as submitted by the Clerk to the Board. b. Appointments—None c. Motor Vehicle Propertv Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to thirty- one(31) requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Propertv Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to forty-nine (49) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. e. Applications for Propertv Tax Exemption/Exclusion The Board approved six (6) untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year. f. Resolution Creatinq a Special Board of Equalization and Review The Board approved a resolution providing for the appointment of a special board of equalization and review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act and to direct staff to recruit applicants. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW WITH COMPROMISE AUTHORITY WHEREAS, pursuant to North Carolina General Statute 105-322, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County; and � WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322; and WHEREAS, North Carolina General Statute 105-312(k) authorizes the Board of County Commissioners to delegate compromise powers to the special Board of Equalization and Review; and WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a special Board of Equalization and Review and by this resolution provide for the membership, qualifications, terms of office, compromise power and the manner of filling of vacancies on the special Board of Equalization and Review; NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT: 1. The special Board of Equalization and Review of Orange County is hereby created and delegated authority to compromise. 2. The Orange County special Board of Equalization and Review shall consist of 3 regular members plus alternate members, each to serve for a term in accordance with G.S.105-322. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at its next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County, should have paid all Orange County taxes currently owed, and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same manner as it uses for other appointments. After the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chair of the special Board. This, the 15t"day of February 2011. g_ Grant Application to North Carolina Association of Countv Commissioners for Wellness Proqram The Board authorized the submission of the County's wellness grant application to the North Carolina Association of County Commissioners Risk Management Pool for Employee Wellness Program funding; to accept any grant funds awarded; and to establish a grant project ordinance to monitor expenditures per the grantor's request. � h. Contract Between the NC Department of Aqriculture and Consumer Services and Oranqe Countv: Grant for Specialtv Crop Equipment for the Piedmont Food & Aqricultural Processinq Center; and Approval of Budqet Amendment#7-A The Board approved a contract with the NC Department of Agriculture and Consumer Services for a $79,950 Specialty Crop grant for equipment for the Piedmont Food and Agricultural Processing Center and authorized the Manager to sign. i. Fiscal Year 2010-11 Budqet Amendment#7 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2010-11 for Department on Aging, Health Department, Department of Social Services, Library Services, Sportsplex Enterprise Fund, Twin Creeks Park(Phase 1). i Approval of Capital Prolect Ordinance for the Qualified School Construction Bond Prolects of the Chapel Hill -Carrboro Citv Schools and Oranqe Countv Schools The Board approved a Capital Projects Ordinance for the Qualified School construction bond projects of the Chapel Hill—Carrboro City Schools and Orange County Schools. k. Interlocal Aqreement with the Town of Hillsborouqh for Plan Review, Inspection, Buildinq Official and Related Services The Board established a formal agreement between Orange County and the Town of Hillsborough to provide enforcement of the North Carolina Building codes including plan review, building official and related services pertaining to the North Carolina State Building Codes and authorized the Chair to sign. I. Proposal to Operate Smart Start Subsidv at Social Services The Board approved a request by Social Services to submit a proposal to the Orange County Partnership for Young Children for operation of the Smart Start subsidy program. m. Bid Award: Whitted Health and Dental Renovations The Board awarded a general construction contract to H.M. Kern, Greensboro, NC in the amount of $763,800 for the Health and Dental renovations, including the structural repairs to Building A and authorized the Chair to sign; and authorized the installation of a sprinkler system in Building A; and authorized the Manager to sign the change order. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Aqenda NONE 6. Public Hearinqs a. Unified Development Ordinance (UDO) — Report on Planninq Board Recommendation The Board considered a report on the Planning Board's recommendation regarding adoption of the entire Unified Development Ordinance(UDO). Planning Director Craig Benedict said that this item is a report on the Planning Board recommendation. On November 22, 2010 there was a public hearing on the Unified Development Ordinance. At that meeting, the County Commissioners asked the Planning Board to come up with a new schedule on how to address some of the comments that came from the public hearing. In early December, the Planning Board came up with a new schedule of how to address the changes and comments. This schedule was brought back to the County Commissioners on December 14t". At that meeting, the County Commissioners approved a schedule of events that the Planning Board has followed. The schedule included having a report on the progress on February 15t". The continuation of the public hearing will be February 28t". He said that the Planning Board reviewed two primary issues of concern from � the November 22"d public hearing. One had to do with conditional districts and one had to do with stream buffers. The County Commissioners also asked that letters be sent to the local governments. These letters have been sent and presentations have been made to local governments. This item is a public hearing of accepting this written material from the Planning Board. It is not a public hearing for the UDO, only to accept this information. Chair Pelissier said that she was not expecting to have a discussion on the UDO. She said that if the Board had any suggestions about how the presentation can be made at the public hearing on the 28t", then they could be emailed to Craig Benedict. Commissioner Gordon said that there will be a presentation tomorrow night at 7:00 p.m. at the Southern Human Services Center. It is intended to be interactive about the UDO. She said that she read the materials from the January 5t" and 19t" Planning Board meetings and she noticed a new definition of conditional districts. She requested that staff create a new definition of "general use zoning districY' and that it should be defined on its own rather than something that is not a conditional district. Craig Benedict said that there has been a good process of working on the UDO. He said that the Planning Board needs this kind of information to bring this to a conclusion over the next few months. 7. Reqular Aqenda a. Lands Leqacv Action Plan for FY 2010-12 The Board considered adoption of the Lands Legacy Action Plan for the current and upcoming fiscal years(FY 2010-11 and FY 2011-12). Department of Environment, Agriculture, Park and Recreation Director Dave Stancil said that at the October work session the Board discussed this item and made comments and asked that this item be brought back. He said he feels fortunate to work in a County where land conservation is a high priority. He made a PowerPoint presentation. This program has been nationally recognized. Land Conservation Manager Rich Shaw made some of the PowerPoint presentation as well. Lands Legacy Action Plan 2010-12 February 15, 2011 Dept. of Environment,Agriculture, Parks& Recreation Lands Legacy Program 10 years of conserving high-priority natural&cultural resource lands ✓ Voluntary ✓ Partnerships ✓ Funding (including$5 M grants) ✓ 990 acres for parks& preserves ✓ 1,562 acres private farms& natural areas � Lands Legacy Action Plan October 2010 Worksession •Goals for 2010-12 —Scaled-back approach —Stewardship of existing properties —Complete projects already underway —Shift emphasis to conserving significant natural areas •Priority projects(7) Lands Legacy Action Plan (pp. 4-5 of action plan) •Bingham Twp Park •Seven Mile Creek/ Mtns-to-Sea Trail •Jordan Lake macrosite •Upper Eno buffers •Halls& Faucette mills •Bolin Creek corridor •Farmland easements Response to BOCC comments ✓ Removed second tier of site priority ✓ Identified sites available for public access ✓ Clarified available funding sources ✓ Plans to update 1988 P&R master plan (Upcoming BOCC Worksession) Commissioner McKee made reference to Attachment 4 and the conservation easement fund balance and then the future projects and projected costs of$4.6 million. He asked where this money would come from. Dave Stancil said that the funding does not exist because the conservation easement funds have been drawn down for the most part. This is to note for their information that the County has been approached by about 32 farms that are interested in conservation easements. Commissioner Jacobs said that he had four edits for staff. He will give them to staff. Commissioner Jacobs said that, in mentioning the Parks and Recreation Plan Update from 1988, back then it was recognized that there was a tremendous dearth of parks and it was very controversial to suggest that the County should be in the business of creating parks. Now that there is an economic downturn, people have raised the question about why the County is spending money on land. He said that the County is in some years of famine and he thinks the County should be commended for having taken the opportunity in times of feast to set aside land to build the necessary facilities in County infrastructure. He said that this program is one of the great examples of the foresight. � Commissioner Jacobs made reference to page 18 and cultural and archaeological sites. He made reference to 'd' and suggested that in listing organizations to work with that they include the Trading Path Association, which is headquartered in Orange County and is dedicated to identifying historic roadways and could be helpful to the County. Regarding the natural and cultural sites and rating them, he suggested alphabetizing these. Commissioner Gordon commended Dave Stancil and his staff for this presentation and the effort over the past 10 years with the purchase of over 2,500 acres. She pointed out that the land conservation over the past ten years only cost Orange County $3,980 per acre. She suggested passing around Commissioner Jacobs's edits for all members to view/comment. She made reference to the top ten cultural sites and said that it is a public outreach. She said that it should be emphasized that this is a public outreach. She likes the retrospective. Commissioner McKee said that his concerns center around the 32 farms that are on the list. He said that he is concerned that by identifying future projects that the County would be creating an open-ended commitment. Commissioner Foushee said that she supported this plan and the County has been successful with this program because of the planning. She hopes to continue the planning with the understanding that when the County is able to do these projects, then it can move forward. Chair Pelissier echoed Commissioner Foushee's comments. She said that this plan addressed items in the County's Comprehensive Plan. Commissioner Hemminger agreed with planning for the future. She said that because there are no monies, it is a good time to develop a new parks and recreation master plan so that they can focus on the resources available now. David Stancil said that this is the plan. Commissioner Jacobs said that one reason that this program has been a success is because the County has sought funding partners and initiated communication. He also pointed out that farmland and other conservation easements did not come through the bonds, so the Commissioners set aside$3 million for conservation easements. Commissioner Gordon supported the other comments about planning. She is in support of this plan. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve the Lands Legacy Action Plan for the current and upcoming fiscal years (FY 2010-11 and FY 2011-12). VOTE: UNANIMOUS b. School Capital Prolects Budqet Ordinance Amendments—Budqet Amendment#7-B The Board considered approving Budget Amendment #7-B appropriating $192,719 of fund balance in the General Fund for transfer to the School Capital Project Fund. Financial Services Director Clarence Grier said staff is asking the Board to approve this appropriation to reconcile project budgets. Deputy Director of Financial Services Michael Talbert said that he hopes that this ends what he has been doing for the last year in reconciling budgets. Attachment 1 lists the individual projects. Commissioner Gordon thanked the staff for answering her email questions. These questions and answers are shown below: FEB. 15, 2011 BOCC MEETING-QUESTIONS ON ITEMS 7b- COMMISSIONER GORDON � ITEM 7-b-Budget Amendment In Attachment 1, page 3, please identify the costs associated with the Chapel Hill-Carrboro City Schools(CHCCS)and those associated with the Orange County Schools(OCS). Answer: See reconciliation below Attachnment 1 Schools Capital Projects Reconciliation of Under-Funded Projects as of 6/30/2010 By School System Over Under Funded Funded Orange County Schools 50005 Hillsborough Elementary $ - $ 95,000 50006 Orange High School - 68,235 50008 Stanford Middle School - 190,947 51011 Technology - 244,099 51016 Central Elementary Air - 9,000 51018 Bus Garage - 14,057 Total Orange County Schools - 621,338 Chapel Hill Carrboro City Schools 54007 Mobile Classrooms - 15,000 53024 School Other 279,904 - 53050 Morris Grove Elementary 113,715 - 54008 Parking Lot Improvements 50,000 - Total Chapel Hill-Carrboro City Schools 443,619 15,000 Total Both Schools Systems $ 443,619 $ 636,338 1 2 Net transfer need from General Fund to Balance Projects (1-2) $ 192,719 Orange County Schools was under funded by $636,338. Chapel Hill — Carrboro City Schools was over funded by$443,619. Just as a point of clarification, how are project amounts handled for an item that could be common to both CHCCS and OCS (e.g. technology)? For example, does project "51011 Technology" include amounts for both school systems combined, or is this project just for one of the systems? Answer: Both School Systems capital projects are accounted for separately. Each school system will have individual projects titled Technology. The 51011 Technology referred to above represents Orange County School � A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve Budget Amendment #7-B appropriating $192,719 of fund balance in the General Fund for transfer to the School Capital Project Fund. VOTE: UNANIMOUS c. Proposed Chanqes to the Upper Neuse River Basin Association Bvlaws The Board considered proposed changes to the Upper Neuse River Basin Association bylaws and related information. County Attorney John Roberts reviewed this item: Members of the Upper Neuse River Basin Association (UNRBA) have recently considered proposed change to the bylaws governing the organization. These changes are a result of: 1) The General Assembly's passage of HB 1765 in 2010, which included details concerning the establishment of the Falls Lake Watershed Association; 2) The adoption of the Falls Lake Nutrient Management Strategy by the NC Environmental management Commission (EMC) in 2010; and 3) The 2010 adoption of the Consensus Principles to Guide Falls Lake Nutrient Management Strategy by Triangle area local governments. The UNRBA was founded in 1996 as a 501(c)3 corporation to provide a means for local governments located in the upper reaches of the Neuse River basin, including Orange County, to work tougher on preserving water quality n the upper Neuse River basin. Orange County is a longstanding member of the UNRBA, and Commissioner Pam Hemminger is currently the Chair of the UNRBA Board of Directors. Recently, some directors of the UNRBA expressed concern that as a 501(c)3 organization, the UNRBA was effectively prohibited from conducting significant lobbying activities, per the IRS code concerning non-profit organization. Several UNRBA jurisdictions have concluded that lobbying various state agencies such as the Division of Water Quality (DWQ) and the Environmental Management Commission (EMC) concerning Stage II of the Falls Lake Nutrient Management Strategy may be beneficial. As a reminder, the fiscal note developed for the Falls Lake nutrient management strategy estimated the total cost of implementation of the rules to be approximately $1.5 billion, most of which would "kick in" at Stage II of the Falls Lake rules. Approximately $1.25 billion dollars of this total is estimated as the cost to local governments in the upper Neuse River basin. Most of this figure is estimated to be the cost to comply with two areas of the nutrient management strategy: - The rules associated with stormwater emanating from existing development, and - The upgrading of wastewater treatment plants to reduce the nutrient loading in their discharges The final Nutrient Management Strategy requires that the EMC re-evaluate the nutrient management strategy prior to the initiation of Stage II of the strategy in the year 2026. The collection of necessary data to permit a re-examination of the Nutrient Management Strategy could begin as early as this year. The re-examination of the Falls Lake Nutrient Management Strategy is likely to include consideration of the conditions of the lake, and the effectiveness of the nutrient management strategy versus the cost of complying with the Stage I and Stage li nutrient management rules as currently written. The re-examination could also include evaluation of the current uses of the lake, the cost of achieving (or attempting to achieve)the Stage II nutrient reduction goals, and whether alternative water quality standards may be � sufficient to protect the existing uses of the lake. Some directors of the UNRBA have indicated that lobbying DWQ and the EMA to revise the nutrient management rules should occur as part of this re-examination period. As a result, the UNRBA is considering developing a new 501(c)4 organization in order to legally lobby DWQ and EMC. A working group composed of attorneys and UNRBA directors has concluded that this may be necessary in the near future to permit the association to continue its current activities as well as begin to undertake additional activities, including possibly lobbying. Additional activities which the UNRBA is likely to undertake in the near future include directing the development and oversight of a water quality monitoring project in the entire Falls Lake watershed, and possibly even conducting water quality monitoring of Falls Lake itself. In addition, the UNRBA is likely to also consider contracting with a national consulting firm to complete independent modeling of Falls Lake in order to gauge the effectiveness of Stage I of the Falls Lake Nutrient Management Strategy prior to the initiation of Stage II of the Strategy, or even go so far as to engage a consultant to evaluate the feasibility of conducting a Use Attainability Assessment (UAA) of Falls Lake in an attempt to modify the Falls Lake Nutrient Management Strategy. Conducting the UAA would be an expensive undertaking. However, given the estimated cost of complying with the Falls Lake Nutrient Management Strategy as currently written, especially for urban areas in the Falls Lake watershed, expending funds to explore alternatives to the current nutrient management strategy may appear to be a reasonable expense. However, the cost/benefit ratio of such activities for more rural jurisdictions such as Orange County may be very different. FINANCIAL IMPACTS: There are no financial impacts at present, although additional financial impacts are likely in coming years as a result of additional activities likely to be undertaken by the UNRBA. Currently, Orange County's dues to the UNRBA are approximately $13,000. This amount could double next year as a result of some of the additional activities discussed above. RECOMMENDATIONS: The Manager recommends that the Board: 1) Approve the proposed changes to the UNRBA bylaws as outlined; 2) Remain generally supportive of the establishment of a separate 501(c)4 organization subject to the final determination of structure and purpose; 3) Remain supportive of further testing of water quality within the lake to verify contaminant levels and establish measurable quality improvement standards; and 4) Acknowledge and support the need to increase dues as outlined so that the organizational goals can be pursued effectively. Commissioner Hemminger said that the UNRBA meets tomorrow and the Town of Hillsborough has already approved these new by-laws. She asked for support of the recommendations. Commissioner Jacobs said that in meetings that he has attended, there is a strong difference of opinion between the City of Raleigh and the City of Durham about taking responsibility for water quality in a watershed. He asked how this group would deal with lobbying when it may not be united. Commissioner Hemminger said that there are competing interests in Raleigh, but they are willing to work together. Commissioner Jacobs said that he is actually worried about Durham, which has balked at every turn in having to pay to help protect someone else's water supply, when Orange County has consistently down-zoned huge portions of land to protect Durham's water supply with no thank you or reciprocity. He is making sure that Durham does not try to undermine the � standards and is willing to participate as a paying partner. He would feel comfortable with having this communicated to Durham. Chair Pelissier asked how much land Orange County has in the watershed and Dave Stancil said 120,000 acres, which is slightly less than half of the County. Chair Pelissier said that she is happy to see that there is talk about doing a study. Commissioner Gordon asked more about the 501(c)4 and asked if this should be done now or if the County Commissioners should wait and see how things go. It sounds like there is a difference of opinion. She said that it appears that the 501(c)3 is really limited as to what it can do. She did not know if it was important to go on record now or to wait. Commissioner Hemminger said that she would like to go on record for support of the 501(c)4. She thinks that it is important to make some changes and move forward. Commissioner McKee said that they need to keep in mind that in 2026 there will be rules going into effect in northern Orange County that will affect farmers. If the use of fertilizers is limited past a certain point, then this will devastate the local farms. If Orange County is going to continue to support farming then they need to be aware of this. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to approve proposed changes to the Upper Neuse River Basin Association bylaws; to remain generally supportive of the establishment of a separate 501(c)(4) organization subject to the final determination of structure and purpose; remain supportive of further testing of water quality within the lake to verify contaminant levels and establish measurable quality improvement standards; and acknowledge and support the need to increase dues as outlines so that he organization goals can be pursued effectively. VOTE: UNANIMOUS d. Addressinq Ordinance Status Report The Board considered a status report on the development and implementation of an addressing ordinance and to provide direction to staff on proceeding with the necessary steps toward ordinance adoption, implementation, and enforcement. Frank Clifton said that this dates back to the 1980's. GIS Manager Steve Averitt made a PowerPoint presentation. Orange County Address Ordinance Update Prepared by Orange County Information Technologies February 2011 Brief History of Addressing - 1987—Efforts began to convert Rural Route Box#'s to a logical, grid-based system - 1991 —Address conversion halted with many addresses not converted - 2001 —Addressing transitioned to former Land Record Department - 2005 — Orange County hired GTG to verify all addresses and create a GIS address point layer - 2007— Land Records staff works with Human Resources legal staff to draft an effective ordinance - 2007-2011 — Multiple reorganizations and retirements impact the addressing function, effectively delaying the development and implementation of an ordinance - 2011 — Addressing is transitioned to GIS with the appropriate staff necessary to manage the implementation of an ordinance Addressing Issues Targeted by Ordinance � Addresses that are: - Out of sequence - Not addressed to the proper road - Addressed to the wrong side of the road - Not displaying the correct house numbers - Not displaying the address in an appropriate manner - Not displaying the address at all Streets that: - Have improper ranges - Have duplicate or phonetically similar street names - Do not have street signs posted - Are private drives that need names and address ranges assigned Impacts: - Delayed response of emergency services increasing the likelihood of loss of life and/or property - Inefficiencies in service and revenue functions including Tax, Permitting, Health, Solid Waste, Board of Elections, et. al. Projected Timeline for Ordinance Development&Implementation Many factors can delay the process including scope, intergovernmental negotiations, and the complexity of development an enforcement model. - Format draft developed (February 2011) - Share draft with municipal and university partners(February—May 2011) - Development of enforcement procedures(March—December 2011) - BOCC work session for review and comment(June 2011) - Public hearings and, potentially, adoption of ordinance (August—September 2011) - Advertise and work with residents on ordinance awareness and compliance (September 2011-February 2012) - Ordinance becomes effective (March 2012) Frank Clifton said that historically what has happened is that when they have started this process in the past, residents have come forward to complain about changing road names and mailing addresses. Enforcement will be the key to the implementation of this ordinance. There will probably be several thousand address changes. Commissioner McKee said that there is nothing more frustrating for a fire department than trying to locate an emergency situation and there is not a correct address. He urged the Board to move forward with this as soon as possible. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to: 1) Using the identified tasks as the basis to move forward, staff initiate contact with the towns and the postal service to ensure previously identified corrections are comprehensive; � 2) Staff provide a draft ordinance as discussed and share that document with town staffs, seeking input and concurrence before bringing it forward for Board consideration; 3) Budgetary issues associated with completing the project be identified and presented to the Board for action; 4) An outreach program to those individuals affected by the pending corrections be initiated once appropriate steps and solutions are identified; and 5) Staff provide a quarterly update via Manager's Memos with regard to progress made, with recognition that each town and post office involved will directly impact the progress to be made. VOTE: UNANIMOUS 8. Reports-NONE 9. Countv Manaqer's Report Frank Clifton recognized the Town of Chapel Hill being named as one of the Dozen Distinctive Designations by the National Trust for Historic Preservation and recognized the Visitor's Bureau role in the receipt of the award. He encouraged people to go to the website www.preservationnation.orq/ddd and vote. There are 11 other towns recommended, so he encouraged everyone to vote for Chapel Hill as the number one destination. 10. County Attorney's Report NONE 11. Appointments a. Affordable Housinq Advisorv Board—New Appointments The Board considered making new appointments to the Affordable Housing Advisory Board. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to appoint the following applicants to the Affordable Housing Advisory Board: Position Number Special Representation Expiration Date 1 Alex Babbitt At Lar e 09/30/2013-FULL 6 Martha A. Hoylman At Large 06/30/2012—PARTIAL 7 JonZella Bailey- At-Large 09/30/2013-FULL Pridham 10 Diane Beecham At-Large 06/30/2013—FULL 11 Mark Johnson At-Lar e 06/30/2011 —PARTIAL 12 Christ Raulli At-Lar e 06/30/2012—PARTIAL 13 James R. Stroud At-lar e 06/30/2013-FULL VOTE: UNANIMOUS b. Chapel Hill/Oranqe Countv Visitor's Bureau The Board considered making a new appointment to the Chapel Hill/Orange County Visitor's Bureau. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to appoint Mrs. Karen DeHart to the Chapel Hill/Orange County Visitor's Bureau as � the N.C. High School Athletic Association representative. Mrs. DeHart will be serving a full term ending 12/31/2013. VOTE: UNANIMOUS 12. Board Comments Commissioner McKee reported that he attended his first ABC Board meeting today and the board has instituted some new items within the agenda. There was a report from law enforcement agencies as to violations. One of the branch managers was also there to make a short presentation. Commissioner Gordon said that Karen Lincoln will provide the County Commissioners with an MPO Transportation Advisory Committee (TAC) report and that the TAC had welcomed Chair Pelissier as an alternate. Commissioner Yuhasz—none. Commissioner Foushee said that she attended the budget portion of the CHCCS Board retreat. If all things stay as expected, the CHCCS will be facing a$1.1 million shortfall. Commissioner Foushee said that she did attend the General Assembly Legislative meeting on hunting deer with dogs and this has become very controversial and it was not heard today. A State Senator from Richmond County pulled the bill and wanted to hear the other side. She said that this is a local bill and she was not sure why he would pull it. This bill will come up again on 2/22/11 and this Senator said that he would let it be heard next week. This Senator said that his impression was that the North Carolina Wildlife Commission had influenced Orange County's vote and that they were moving forward to control other counties. She encouraged everyone to attend this session next Tuesday at 12:00 p.m. in Room 1124. John Roberts said that he was unable to attend the session today and he will not be able to attend next week because he will be out of town, but he will be in attendance for the other local bills. Commissioner Foushee said that she will be attending as well. Commissioner Jacobs said that Thursday morning, he, Annette Moore, Chair Pelissier, and Commissioner Foushee will be attending a library meeting with Town of Chapel Hill representatives. They will discuss funding issues regarding Chapel Hill's library. He asked Commissioner Foushee if the CHCCS retreat mentioned the legislature mandating only one school entity per county and Commissioner Foushee said that she did not attend that portion of the meeting. Commissioner Jacobs asked Chair Pelissier about the plan for bringing forth discussion of the '/4-cent sales tax again and Chair Pelissier said that this will be discussed at the next agenda review. Commissioner Jacobs said that he would hope that the '/4-cent sales tax would not be held up by the '/2-cent transit tax. Commissioner Hemminger said that she, Commissioner Gordon, and Chair Pelissier attended the event today at the Carolina Inn for the Visitor's Bureau and the National Trust for Historic Preservation. It was well attended and well run and there was a lot of excitement. Commissioner Hemminger said that the Joint Parks Recreation meeting was well- attended. This was for all jurisdictions. Chair Pelissier said that last week there was a quarterly DOT Luncheon and this was the first time that the City of Mebane attended. She said that she would like to continue these quarterly meetings on a regular basis. There will be minutes coming out soon from this meeting. Chair Pelissier said that last week there was a meeting with Triangle J COG and there was an economist from the State that made a presentation. One of the points that this economist made was that the job losses in the public sector are exceeding the job losses in � the private sector. Also, there was a suggestion about investing retirement monies in the local community. 13. Information Items • February 1, 2011 BOCC Meeting Follow-up Actions List • Central Efland and Northern Buckhorn Sewer Expansion Project Quarterly Update • Buckhorn-Mebane Utilities Phase II/Land Use: Community Outreach 14. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to go into closed session at 9:39 PM for the purposes below: "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS§ 143-318.11(a)(6). To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged," NCGS 143-318.11(a)(3). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to reconvene into regular session at 11:15 p.m. VOTE: UNANIMOUS ADJOURNMENT: A motion was made by Commissioner Jacobs, seconded by Commissioner Hemmingerto adjourn the meeting at 11:15 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board