HomeMy WebLinkAboutMinutes 05-03-2011 �
APPROVED 8/23/2011
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
May 3, 2011
7:00 p.m.
The Orange County Board of Commissioners met in regular session on May 3, 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, Pam Hemminger, Earl McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT: Barry Jacobs
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager and
Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff inembers will be
identified appropriately)
1. Additions or Chanqes to the Aqenda
Chair Pelissier said that Commissioner Jacobs would be unable to attend tonight
because he had some family business to attend to out of town.
Chair Pelissier asked that the Board add two closed session items.
A motion was made by Commissioner Foushee, seconded by Commissioner McKee to
add two closed session items, as follows:
"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); and
"To discuss matters related to the location or expansion of industries or other businesses in the
area served by the public body, including agreement on a tentative list of economic
development incentives that may be offered by the public body in negotiations," NCGS § 143-
318.11(a)(4).
VOTE: UNANIMOUS
2. Public Comments
a. Matters not on the Printed Aqenda
Jim Dooley announced the 29th Hog Day, which will be on May 20th and 21St. It is a
month early because there were so many complaints about the heat. He described the various
events that are to take place during this event. They once again will be promoting recycling
this year with the help of the Solid Waste staff. He thanked the Visitor's Bureau for their help
in promoting this event and he thanked the Board of County Commissioners for all of their
support.
b. Matters on the Printed Aqenda
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(These matters were considered when the Board addressed that item on the agenda
below.)
3. Petitions by Board Members
NONE
4. Proclamations/ Resolutions/ Special Presentations
a. National Historic Preservation Month
The Board considered proclaiming May 2011 as National Historic Preservation Month in
Orange County and authorizing the Chair to sign.
Tina Moon, staff to the Historic Preservation Commission, introduced HPC Chair Todd
Dickenson. She said that the theme this year is Celebrating America's Treasures, which is
designed to recognize the success of the Save America's Treasures program. This program
has been one of the most successful grant programs that the federal government has provided
for preservation purposes.
Todd Dickenson read the proclamation.
PROCLAMATION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONERS
NATIONAL HISTORIC PRESERVATION MONTH
WHEREAS, historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and
rural, and for Americans of all ages, all walks of life and all ethnic and cultural backgrounds;
and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the heritage that
has shaped us as a people; and
WHEREAS, Orange County has become a strong advocate for the protection of cultural and
archaeological resources, and continues to pursue partnership opportunities to preserve these
important and often irreplaceable resources, to seek new and innovative ways to make local
history engaging to the public, and to encourage others to do the same; and
WHEREAS, Orange County has demonstrated its commitment to historic preservation by using
the restored Alexander Dickson House in Hillsborough as a visitor center, stabilizing the
farmsteads at future County parks, including a cultural resources component to the 2030
Comprehensive Plan, and designating important properties with historic and architectural
significance as local landmarks; and
WHEREAS, "Celebrating America's Treasures" is the theme for National Historic Preservation
Month 2011, and in Orange County is cosponsored by the Orange County Board of
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Commissioners, the Orange County Historic Preservation Commission, the Historical
Foundation of Hillsborough and Orange County, the Alliance for Historic Hillsborough and the
National Trust for Historic Preservation;
NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
May 2011 as National Historic Preservation Month in Orange County and call upon the people
of Orange County to join their fellow residents across the United States in recognizing and
participating in this special observance.
This the 3rd day of May, 2011.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to approve proclaiming May 2011 as National Historic Preservation Month in Orange County
and authorize the Chair to sign.
VOTE: UNANIMOUS
b. Older Americans Month Proclamation
The Board considered approving a proclamation joining Federal and State
governments in designating the month of May 2011 as Older Americans Month in Orange
County and authorizing the Chair to sign.
Director on Aging Janice Tyler said that this year's theme is Connecting the
Community. This is especially fitting with the first Baby Boomers turning 65 years old this year.
She said that 7,000 Boomers will be turning 65 every day for the next five years. This
explosion of the population will have a dramatic effect on the community. There are currently
over 19,000 older adults in Orange County and by the year 2030 this number will have
doubled. She spoke about the upcoming events.
She read the proclamation.
Proclamation
Older Americans Month - May 2011
WHEREAS, Orange County is a community that includes over 19,000 residents aged 60 and
older and this population is the fastest growing segment of Orange County's population; and
WHEREAS, the older adults in Orange County are the roots from which our community grows,
who bestow gifts of wisdom and insight upon younger generations, and strengthen the bonds
between neighbors to create a better place to live; and
WHEREAS, our society can be enhanced by older adults aging peacefully in their
communities; and
WHEREAS, the older adults in Orange County should be commended for their role in creating
and bolstering the fiber of our community and nation; and
WHEREAS, our community can provide that recognition and respect by enriching the quality of
life for older Americans by:
Increasing their opportunities to remain in their communities as active and engaged
residents;
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Providing services, technologies, and support systems that allow seniors to foster and
maintain connections within the community; and
Emphasizing the value of elders by publicly recognizing their contributions to the
diversity, strength, and unity of our community; and
WHEREAS, the President of the United States and the Governor of North Carolina have
declared May as Older Americans Month and join in celebrating this year's theme Older
Americans: Connecting the Community;
NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
May 2011 as Older Americans Month and urge all residents to take time this month to honor
our older adults and the professionals, family members, and volunteers who care for them.
Our recognition of older Americans and their involvement in our lives can help us achieve
stronger and more meaningful connections with each other and enrich our community's quality
of life.
This the 3�d day of May, 2011.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve a proclamation joining Federal and State governments in designating the month of
May 2011 as Older Americans Month in Orange County and authorize the Chair to sign.
VOTE: UNANIMOUS
c. Partnership to End Homelessness —Annual Report
The Board received the 2010 Annual report of the Partnership to End Homelessness.
Jamie Rohe is the Homelessness Program Coordinator for Orange County. She works
for the Partnership to End Homelessness. She said that Chair Pelissier is currently the Vice-
Chair of the Partnership to End Homelessness. She works in the Department of Housing,
Human Rights, and Community Development, and Tara Fikes is her supervisor. She said that
Orange County developed a 10-year plan to end homelessness and began implementation in
2008. Nationally, the federal policy at the Department of Housing and Urban Development is
to finish the job of ending chronic homelessness and trending on focusing on preventing and
ending homelessness among three primary groups —veterans, families, and youth and
families. The most recent data from 2009-2010 shows that homelessness is leveling off,
despite the recession and many policy experts attribute this to federal programs and stimulus
money. She went over the report and highlighted the accomplishments from last year:
- Forming committees and work groups and starting to implement the goals and
strategies of the 10-year plan to end chronic homelessness. The committees and
work groups are in the areas of employment, access to services, housing, and
community participation
- Held the 4th Annual Project Homeless Connect that provided 131 people who were
homeless or at risk for homelessness with over 1,600 contacts with service
providers. There were over 50 service providers at the Hargrave Center in Chapel
Hill.
- Began full implementation of the Homelessness Prevention and Rapid Re-housing
Program, known as HPRP, with a $1 million grant to fund the program over three
years. This is being implemented by the Orange County Department of Social
Services.
She said that the rest of the report is organized by the four main service areas.
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1) Employment
2) Access to services
3) Housing
4) Community Participation
The Employment Work Group includes partners such as Job Link, Durham Tech, and
the Chapel Hill-Carrboro Chamber of Commerce. The major accomplishments included
developing an employment program for people who are homeless or who are at risk for
homelessness to help them document their job-preparedness to potential employees. The
main goal for this year is to implement that program and also to recruit employers who are
willing to employ the people that graduate from the program.
The Access to Services Work Group includes the Orange-Person-Chatham Area
Program, Piedmont Health Services, InterFaith Council for Social Services, Veteran's
Administration, and the Department of Social Services. This group is working on increasing
access to health services, dental services, mental health care services, legal services, and
others for the homeless and at-risk population. There is also a Services Coordination team,
which is a small group of service providers who work with chronically homeless people, law
enforcement officers, and outreach workers. The goal of this group is to help everyone come
together and develop a treatment plan for people who are chronically homeless. One of the
partners is Carolina Health Net, which is collaboration among Piedmont Health Services and
the UNC Hospital System to serve people who are uninsured. Since 2008, they have served
33 homeless patients in Orange County, including 18 last year. The main goals are to
increase the access, the applications, and access to disability benefits so that there will be
income to pay for the services.
The Housing Work Group has goals that revolve around permanent supportive housing
for people that are chronically homeless. Since 2006, they have developed 11 out of the goal
of 40 of these permanent supportive housing units, which are apartments. The main goals for
this work group are to join with the 100,000 Homeless Campaign, which is a national campaign
that is an effective model for developing this permanent supportive housing and gaining
community support for it.
The Community Participation Work Group has two main goals —to support volunteer
efforts to prevent homelessness and to educate the community about the issues of
homelessness. This work group is focusing on developing a support circle program, which is
mostly people from faith-based groups who adopt homeless individuals and families and
become their support network.
Chair Pelissier said that there are a number of agencies whose job it is to address
issues related to homelessness, the partnership with the board really leverages a lot of
resources in the community that could not otherwise be done. She thanked everyone on the
partnership on the board for the work that is being done, as well as all of the volunteers.
5. Consent Aqenda
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 March 15 and 17, 2011 as submitted by the Clerk to
the Board.
b. Appointments — None
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c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 36
requests for motor vehicle property tax releases or refunds in accordance with NCGS.
d. Oranqe County HOME Consortium Aqreement
The Board adopted a resolution, which is incorporated by reference, authorizing the
execution of a HOME Consortium Agreement for the fiscal year beginning July 1, 2011
e. Community Development Block Grant Proqram —Adoption of Section 3 Plan and
Equal Employment and Procurement Plan
The Board adopted and authorized the Chair to sign the Section 3 Plan and Equal
Employment and Procurement Plan for two FY 2010 Community Development Block Grant
Awards.
f. Consolidated Housinq Plan Annual Action Plan/HOME Proqram
The Board adopted a Resolution, which is incorporated by reference, approving the FY
2011-2012 Consolidated Housing Plan Annual Action Plan; and adopted a Resolution,
which is incorporated by reference, approving the proposed HOME Program Activates for
2011-2012 and authorized the Manager to implement the program.
g_ Leqal Advertisement for Quarterly Public Hearinq — May 23, 2011
The Board approved the legal advertisement for items to be presented at the joint Board of
county Commissioners/Planning Board Quarterly Public Hearing scheduled for May 23,
2011.
h. Expansion of Reqional Partnership Workforce Development Board (WDB)
The Board approved and authorized the Chair to sign the Regional Consortium Partnership
Agreement; the Resolution Designating the Regional Partnership to encompass
Montgomery and Moore Counties; and the State and Local Area Memorandum of
Agreement. The Board also authorized staff to continue its research and return in the fall
with additional assessment of future implications and options for realignment more
favorable to county needs.
VOTE ON CONSENT AGENDA: UNANIMOUS
6. Items Removed From Consent Aqenda — NONE
7. Public Hearinqs - NONE
8. Reqular Aqenda
a. Resolution of Approval — Conservation Easement for the Svkes Dairy Farm;
and Approval of Budqet Amendment #9-A
The Board considered a resolution to approve the purchase of and acceptance by
Orange County of an agricultural conservation easement for the Sykes family dairy, and
approve Budget Amendment#9-A and authorize the Chair and the Clerk to sign.
Department of Environment, Agriculture, Parks, and Recreation Director Dave Stancil
said that he is pleased to come on the nearly 10th anniversary of the first agricultural
conservation easement to share about this project for the Sykes Dairy. This is one of eight
remaining dairies in Orange County. He gave some background information.
Land Conservation Manager Rich Shaw made a PowerPoint presentation.
Agricultural Conservation Easement
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Sykes Dairy
Orange County Lands Legacy Program
Federal Farm & Ranchland Protection Program
Agricultural Conservation Easement
Sykes Dairy
•Former W.V. Sykes dairy
•5618 Vernon Rd
•Holstein cows
•Milk production
•Cropland
•Permanently protected farmland
•Cane Creek watershed
•Landowners compensated (PDR) - $500,000, which is 95% of the appraised value. Fifty-
three percent of that payment will be paid from the federal government through the Farm and
Ranchland Protection Program and 47% will come from the County. The Sykes will be
donating 5% of the value.
•Orange County/ Federal cost share
•12th farm with Lands Legacy
The conservation easement is 160 acres in the forward part of the property. It is prime
farmland and it is helping to protect the water supply watershed.
The Manager's recommendation is that the Board adopt the resolution, including the
acceptance by Orange County of the conservation easement with the closing and recordation
of the document expected to occur on or about June 30, 2011; and to approve Budget
Amendment#9-A, which is incorporated by reference.
Rich Shaw introduced the Sykes family that was in the audience.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Agricultural Conservation Easement between
Orange County
and the
Sykes Family Limited Partnership
WHEREAS, agriculture in Orange County is an important facet of the economy and
time honored way of life in the County; and
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WHEREAS, Orange County has an adopted goal promoting the preservation of
farmland in the County; and
WHEREAS, one component of the Lands Legacy Program is the acquisition of
conservation easements on prime farmland within water supply watersheds; and
WHEREAS, the Sykes dairy farm includes approximately 160 acres in the Cane Creek
protected watershed, consists entirely of prime agricultural soils, and is located in an
agricultural community with good access to farm markets; and
WHEREAS, Orange County intends to accept an agricultural conservation easement
that would help to conserve the natural and scenic values of this farmland; and
WHEREAS, a matching grant was awarded to Orange County from the federal Farm
and Ranch Land Protection Program to help purchase the conservation easement; and
WHEREAS, a conservation easement on this 160 acres would ensure the preservation
of this farmland for future generations and help to compensate the owners for this long-
term commitment;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners does hereby 1) accept on behalf of Orange County the agricultural
conservation easement to protect prime farmland owned by Sykes Family Limited
Partnership; 2) approve the execution of this conservation easement agreement with
Sykes Family Limited Partnership, in accordance with the terms of the proposed
easement agreement, subject to final review by staff and the County Attorney; 3)
authorize the Chair and the Clerk to sign the easement agreement on behalf of the
Board, with a closing to occur on or about June 30, 2011; and 4) authorize County staff
to sign any and all closing documents upon consultation with the County Attorney.
This the 3rd day of May, 2011.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to adopt a resolution approving the acceptance by Orange County of the
conservation easement and authorize the Chair and the Clerk to sign the conservation
easement agreement, subject to final review by staff and County Attorney, with a closing and
recordation of the document expected to occur on or about June 30, 2011, and approve
Budget Amendment#9-A.
VOTE: UNANIMOUS
b. Bus Route 420 (Hillsborouqh to Chapel Hill) Service Chanqes
The Board considered approving changes of Route 420 as proposed by Triangle
Transit and Orange Public Transportation (OPT).
Planning Director Craig Benedict introduced AI Terry, Orange Public Transportation
Manager. He said that this item has to do with bus route 420, which is a route between
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Hillsborough and Chapel Hill. This route was first initiated by OPT and the ridership was so
good that it was picked up by Triangle Transit, which provided part of the funding. Two entities
were hired to run the route — Chapel Hill Transit for peak service in the morning and afternoon
and OPT for the midday service. This route has been doing well since 2008. The bad news is
that Triangle Transit no longer wants to fund the midday service, which was about four routes
that OPT was running. Triangle Transit was funding 50% of those midday routes. There were
four routes midday and this will be pulled back to two. There will be some financial
implications to this, but these have not been completely sorted out. The timeframe for the
changes are that there will be a public comment period tonight and a decision will be made in
August. There will be a new Hillsborough Circulator Route. June 6th is the initiation date for
this circulator route.
Commissioner Gordon said that Triangle Transit evaluates its routes every year and
they look at the average ridership for these routes. The peak service ridership for this route is
better than the average ridership for Triangle Transit routes. She asked if the service changes
would negatively affect the midday commuters.
AI Terry said that one of the planners from TT rode the midday route two weeks ago for
two days to get input from the riders about their feelings about the reduction in routes from four
to two. He is currently compiling the data and he will provide it to the Board of County
Commissioners when it becomes available. In his opinion, there will be very little impact
because the 420 route transformed into a commuter route for medical workers (residents in the
northern part of the County) to get back and forth to work. The impact that he sees would be
with the Hillsborough Circulator. Since there will only be two midday trips for the 420, it will not
connect up as often in the middle of the day as it does in the a.m. and p.m.
Commissioner Gordon asked about the two stops being eliminated.
AI Terry said that the Sportsplex has never been a very productive pickup or drop-off
point.
Commissioner McKee made reference to the consolidation of the dental clinic and
asked if this would affect the users of this clinic. AI Terry said that, unless the people can
access a bus route in Chapel Hill and then transfer to the 420, there may be some
implications. He is looking at opportunities for OPT to branch out and provide services to that
facility so that the people in Carrboro will have access.
Commissioner McKee asked if the four trips were needed down the line if Orange
County would have to pick up the cost. AI Terry said yes.
Commissioner Hemminger said that she was surprised at the high number of riders in
the morning and she asked for an estimate of how many were riding in the morning. AI Terry
said that it is a 44-seat bus that Chapel Hill Transit uses. When he was operating it, he had a
28-passenger bus with people standing in the aisles.
Commissioner Hemminger asked about how someone from Carrboro could access the
dental clinic and it was answered that there would have to be at least one transfer.
Commissioner Gordon said that there is the question about seniors who may want to
use the route for midday and of course the questions about the dental clinic.
Chair Pelissier asked if there was any idea about how many people taking the 420 bus
live north of Hillsborough.
AI Terry said that he would say that about 65% live north of Hillsborough- in Person and
Durham Counties.
Chair Pelissier said that she too has concerns about addressing those residents that
may come for dental services.
AI Terry said that the Health Department is doing a screening of clients at the Carrboro
clinic. He has not received this information yet.
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A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve the proposed changes to the midday service operated by OPT and forward to
Triangle Transit.
VOTE: UNANIMOUS
9. Reports-NONE
10. County Manaqer's Report - NONE
11. County Attorney's Report
John Roberts said that the Orange-Alamance County Line bills both went through
Senate Finance Committee today and there were no problems. The surveys for the 91% at
the line are complete and once these are put in a large plat that will be filed in the Register of
Deeds office in Orange County and Alamance County and the North Carolina Secretary of
State.
The Senate Bill 183, the outdoor advertising sign legislation was amended and there is
a second edition now moving through the Senate. In this edition, all of the language was
taken out that eliminated local governments' ability to control and regulate digital advertising.
There is another bill going through the House that will amend the statute of limitations
for zoning and challenges to zoning ordinances or UDOs. It will amend it from two months to
two years and would allow anyone to sue, to challenge a UDO within two years of the moment
they acquire land. The North Carolina Association of County Commissioners is fighting this
one and he will send some of his own comments.
12. Appointments
a. Oranqe County Arts Commission —Appointments
The Board considered making appointments to the Orange County Arts Commission.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Foushee to appoint the suggested list:
Position Number— Name Special Representative Expiration Date
1 Katherine Dickson At-Large 03/31/2012 (New
appointment)
2 Cher Tuskey At-Large 03/31/2012 (New
appointment)
6 Leah Rade At-Large 03/31/2013
12 Emily Lees At-Large 03/31/2012
14 Charles Hochman At-Large 03/31/2013
VOTE: UNANIMOUS
b. Human Relations Commission — New Appointment
The Board considered making one first term appointment to the Human Relations
Commission.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Foushee to appoint Mr. Preston Scott Phillips to the Town of Carrboro position with an
expiration date of June 30, 2013.
VOTE: UNANIMOUS
c. Hyconeechee Reqional Library Board — New Appointment
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The Board considered making one appointment to the Hyconeechee Regional Library
Board.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to appoint Amy Efland to an At-Large position with an expiration date of March 31, 2012.
VOTE: UNANIMOUS
d. Hillsborouqh Planninq Board — New Appointment
The Board considered making one first term appointment to the Hillsborough Planning
Board.
A motion was made by Commissioner McKee, seconded by Commissioner Hemminger
to appoint Janie Morris to a first term expiring May 31, 2014.
VOTE: UNANIMOUS
e. Board of Social Services —Appointment
The Board considered making one second term appointment to the Board of Social
Services.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to appoint Patricia Garavaglia to a second term expiring June 30, 2014.
VOTE: UNANIMOUS
13. Board Comments
Commissioner Gordon made reference to Triangle Transit news and stated that the
ridership made an all-time new monthly record. In March, there were 124,000+ riders, which is
up 21% over 2010.
Commissioner Gordon said that the 19 workshops on the bus/rail planning are being
completed and 1,100 people attended with over 1,000,000 website hits to
www.transitfuture.com. Triangle Transit buses have added wi-fi and this has been a success.
She said that there is still time to get in on the Smart Commute Challenge. The website is
www.smartcommutechallenqe_org. The goal is 10,000 pledges by June.
Commissioner Hemminger—none
Commissioner Foushee — none
Commissioner Yuhasz— none
Commissioner McKee thanked the military for the removal of a leader that threatened
our national security.
Chair Pelissier— none
14. Information Items
• April 19, 2011 BOCC Meeting Follow-up Actions List
15. Closed Session
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to go into closed session at 8:11 p.m.:
"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); and
"To discuss matters related to the location or expansion of industries or other businesses in the
area served by the public body, including agreement on a tentative list of economic
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development incentives that may be offered by the public body in negotiations," NCGS § 143-
318.11(a)(4).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to reconvene into regular session at 9:30 p.m.
VOTE: UNANIMOUS
16. Adjournment
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to adjourn the meeting at 9:30 p.m.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board