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HomeMy WebLinkAboutMinutes 12-13-2011APPROVED 1/24/2012 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING December 13, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, December 13, 2011 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill. N.C. 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 Gwen Harvey, Assistant County Manager Michael Talbert and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) 1. Additions or Changes to the Agenda Chair Pelissier went through the items at the County Commissioners' places. - White sheet for item 4-e -Presentation of Comprehensive Annual Financial report FYE 06/30/2011 - Yellow sheet -revision of draft minutes for item 5-a, Minutes - Blue sheet -addresses questions from Commissioner Gordon on item 8-a - Proposed Orange County Addressing and Road Naming Ordinance PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aaenda Robin Jacobs, Executive Director of the Eno River Association, said that she is here to thank the County Commissioners for all of the work they do support and partner with the ERA. She presented the 2012 Eno River Association yearly calendar. b. Matters on the Printed Aaenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members Commissioner Jacobs suggested discussing at a work session the status of the rate of poverty in Orange County and the State. Commissioner-Jacobs made reference to the follow-up action charts that the County Commissioners get in their agenda packets. He said that usually the charts are left over from other meetings that have dates in the future of when things will be completed but they ate' trot seen again. He said that there are-many items that the Board does not know is completed or not. He asked staff to do more consolidation of items pending on the follow-up sheets. These items will be referred to the agenda review group, which will meet again on January 17, 2012. 4. Proclamations/ .Resolutions/ Special Presentations a. Resolution of Appreciation for The Herald-Sun/The Chapel Hill Herald and Publisher Rick Bean The Board considered adopting a Resolution of Appreciation. for The Herald-Sun, The Chapel Hill Herald and Publisher Rick Bean, specifically for The Chapel Hill Herald and the fifty- two (52) weeks of donated advertisements for Orange County and authorizing the Chair to sign. Visitor's Bureau Director Laurie Paolicelli introduced this item. She said that for 52 weeks, Rick Bean and the Herald-Sun have donated full-page color ads and has put together a program dedicated to educating readers of the Herald-Sun to learn about Orange County's commitment to the environment, art,. farms, etc. Commissioner Hemminger read the resolution of appreciation: ORANGE COUNTY BOARD OF COMMISSIONERS Resolution of Appreciation for The Herald-Sun/The Chapel Hill Herald and Publisher Rick Bean WHEREAS, beginning with its January 2, 2011 edition, The Herald-Sun, The Chapel Hill Herald edition, launched the first of fifty-two (52) advertisements focusing on Orange County as a great place to live, work, play and visit; and WHEREAS, since the campaign started, the calls and inquiries to the Orange County Visitors Bureau (a partner in the campaign) have substantially increased with residents and visitors requesting more information on Orange County; and WHEREAS, The Herald-Sun is a leading newspaper in the State, having won numerous awards with the North Carolina Press Association; and WHEREAS, The Herald-Sun and publisher Rick Bean have donated full page, four-color ads in the Sunday editions to Orange County; and WHEREAS, The Herald-Sun and Mr. Bean have demonstrated great care and respect for Orange County by taking media leadership in sharing Orange County's proud history and current accomplishments; and WHEREAS, this campaign has touted Orange County's medical facilities, public health programs, seniors, and social services as well as Orange County's commitment to historic preservation, schools, agriculture, and clean water, as examples; and WHEREAS, this partnership between the County and The Herald-.Sun newspaper has given residents and. visitors 52 weeks of proof that Orange County is a leading county in North Carolina; NOW THEREFORE we, the Orange County Board of Commissioners, do hereby express our appreciation and gratitude to The Herald-Sun/The Chapel Hill Herald and Publisher Rie'k Bean for the 52-week Orange County campaign heralding the quality of life and pride of Orange County through a robust, colorful engaging advertising series and thank Mr. Bean and Thy Herald-Sun for their devotion to the people, pride and sense of place in Orange County, North Carolina. This, the #tiirteenth day of December, 2011. A motion was made by Commissioner Jacobs, seconded. by Commissioner Foushee to adopt a Resolution of Appreciation for The Herald-Sun, The Chapel HiII Herald and Publisher Rick Bean, specifically for The Chapel Hill Herald and the fifty-two (52) weeks of donated advertisements for Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Rick Bean thanked the Commissioners and the Visitor's Bureau for this partnership. b. Presentation of the Federal Emergency Management Aaencv (FEMA) National Flood insurance Program (NFIP) Community Rating System Plaaue to the Board of County Commissioners The Board received formal recognition from the FEMA National Flood Insurance Program Community Rating System, through the State of North Carolina Department of Emergency Management, with the presentation of a plaque designating that Orange County has achieved a CRS rating of 8. Planner II Glen Bowles introduced John Gerber from FEMA, who presented the plaque. c. Proclamation for Bill of Rights Day in Orange County The Board considered a proclamation to recognize December 15, 2011 as Bill of Rights Day in Orange County and authorizing the Chair to sign. Peggy Misch from the Orange County Bill of Rights Defense Committee read the proclamation: Bill of Rights Day DECEMBER 15, 2011 Whereas, the necessary states ratified the Bill of Rights, the first ten amendments to the United States Constitution, on December 15, 1791; and Whereas, the Bill of Rights protects every person of this state and nation from the infringement of basic human and civil rights; and Whereas, the freedoms of speech and association and the right to due process and equal protection of the law, as embodied in the Bill of Rights, are a model for democratic institutions and laws all over the world; and Whereas, the people of North Carolina stood strong in withholding ratification of the Constitution until. the Bill of Rights was added to ensure their inalienable rights; and Whereas, the Orange County Board of Commissioners demonstrated its commitment to "upholding the civil rights and civil liberties of all persons in Orange County and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of North Carolina, and Orange County," in a May 20, 2003 approved resolution entitled "A Resolution Regarding the Protection of Civil Rights and Civil Liberties"; and Whereas, the Orange County Board of Commissioners reaffirmed the protections of all its residents by passing "A Resolution Opposing the Use of Local Law Enforcement to Enforce Civil immigration Law and Policy" on January 23, 2007; Now, Therefore Be It Resolved that we the Orange County Board of Commissioners do hereby proclaim December 15, 2011 as "BILL OF RIGHTS DAY" in Orange County and commend this observance to all people. This, the 13~' day of December 2011. Peggy Misch made some comments reiterating the importance of the Bill of Rights. She said that the Orange County Bill of Rights Defense Committee hopes that the people of Orange Count will stand strong against sections of Senate Bill 1253 that are an insult on the 1St Stn and 6t amendments to the U. S. Constitution. A motion was made by Commissioner Foushee, seconded by Commissioner McKee to adopt a proclamation to recognize December 15, 2011 as Bill of Rights Day in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS d. Family and Consumer Sciences Week in Orange County Proclamation The Board considered approving a proclamation recognizing the week of December 18 through 24, 2011 as Family and Consumer Sciences Week in Orange County and authorizing the Chair to sign. Chair Pelissier read the proclamation: Proclamation Family and Consumer Sciences Week in Orange County WHEREAS, in 1911, Jane Simpson McKimmon created the home demonstration program, a "rural women's college" where women were provided an opportunity to learn skills that would provide ample food for their. families, yet also provide additional income that could provide necessities for the entire family, educate the children, and buy conveniences to make life easier, affording an improved living standard for all; and WHEREAS, home demonstration evolved into Home Economics and now Family and Consumer Sciences (FCS), with a rich history of significant contributions to North Carolina's well being for over 100 years and today helps families better understand financial planning, nutrition, food safety and preparation, environmental issues, elder care and aging issues, and the need for physical activity for better health; and WHEREAS, FCS Agents, in partnership with volunteers in home demonstration clubs, now known as Extension and Community Association Clubs (ECA), started or supported many programs that are taken for granted today such as the development of rural libraries and book mobile programs; the establishment of hot lunch programs in NC rural schools; and the delivery of electrical services to rural North Carolina homes; and WHEREAS, the idea of farmers markets' and local foods originated with Home Demonstration Curb Markets in the 1920's with Jane S. McKimmon introducing the concept of women and girls selling surplus produce to supplement family income resulting in 55 home demonstration curb markets in the state by 1940 with an income of almost $1,200,000 for farm families; and WHEREAS, home demonstration club women raised more than half of the $4,000,000 needed for the renovation of the US Army hospital ship Larkspur during World War II through the sale of more than $2 million in war bonds; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim December 18-24, 2011, as Family and Consumer Sciences Week in Orange County and urge the people of the County to make use of the extraordinary benefits of this exceptional program that enhances all aspects of the lives of individuals and families and to join us in recognizing the unique partnership between the County and the state University System. This the 13th day of December 2011. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adopt the proclamation recognizing the week of December 18-24, 2011 as Family and Consumer Sciences Week in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Deborah Taylor, Extension Agent for Family and Consumer Sciences, which is a part of Cooperative Extension of Orange County, introduced the staff. She said that in 2011, Family and Consumer Sciences has been celebrating 100 years of providing practical knowledge and skills to families in North Carolina. Jessica Oswald is a Family and Consumer Sciences Extension Agent and Register Dietician for Orange County Cooperative Extension. She presented a copy of the book, Ordinary Women, Extraordinary Service. This is a coffee table book that celebrates through pictures and stories the impact of Family and Consumer Sciences. e. Presentation of Comprehensive Annual Financial Report FYE 6/30/2011 The Board received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2011. Financial Services Director Clarence Grier said that Orange County is in a very good financial position right now. The unassigned fund balance of the County's General Fund is 16% of expenditures. Auditor Manager Crystal Waddell from Martin Starnes and Associates made the PowerPoint presentation. Orange County 2011 Audited Financial Statements Audit Highlights - Unqualified opinion - Staff was fully prepared and cooperative Audit Process - Planning and risk assessment - Interim procedures - Final procedures - Year-round process Budget vs. Actual General Fund Bud et Actual Variance. Revenues $177,579,088 $180,889,340 $3,310,252 Ex enditures 173,439,170 168,133,470 5,305,,700 Other financing sources uses (4,139,918) (6,966,549) (2,926,631) Change in fund balance $ 5,789,321 $5,789,321 Tax Collection Percentages 2010 - 98.63% 2011 - 98.55% Fund Balance - Serves as a measure of the Town's financial resources available. o Assets -liabilities =Fund Balance 5 Classifications: - Non-spendable -not in cash form - Restricted -external restrictions (laws, grantors) - Committed -internal constraints at the highest (Board) level - do not expire, required Board action to undo - Assigned -internal constraints, lower level than committed - Unassigned - no external or internal constraints Fund Balance History (General Fund) 2010 - $31,442,042 2011 - $37,284,887 Fund Balance Available fund balance as defined by the Local Government Commission (LGC) is calculated as follows: Total Fund Balance Less: Non spendable (not in cash form, not available) Less: Stabilization by State Statute (bv state law, not available) Available Fund Balance This is the calculation utilized as the basis for comparing you to other units and calculating your fund balance percentages. Fund Balance Position -General Fund Total Fund Balance $37,284,640 Non spendable - 128,315 Stabilization by State Statute - 8,189,624 Available fund Balance $28,966,701 Available Fund Balance 201.0$23,342,338 Increase in Available FB y$ 5,625,363 Available Fund Balance as a Percent of Expenditures and Transfers out -General Find 2010 - 13.04% 2011 - 16.42% General Fund Revenues Ad Valorem Taxes - 74.4% Sales Taxes - 8.4% Inter-governmental - 11.2% Other - 6.0% Top 3 Expenditures Education - 38% Other - 26% Human Services - 19% Debt Service - 17% Other expenses include: - Governing and management - General services - Community and environment - Public safety - Culture and recreation Major Enterprise Funds S ortsPlex Fund Solid Waste Fund Total o eratin revenues $2,684,027 $8,171,232 Total o eratin ex enses $2,709,531 $10,287,246 O eratin Loss $ 25,504 $ 2,116,014 Required Debt Service Cash Flow From O erations Unrestricted Net Assets Solid Waste $732,564 $865,387 $ 673,670 S ortsPlex $644,066 $226,765 $747,847 Clarence Grier recognized the Finance staff. of his Financial Services Department. f. Government Finance Officers' Association (GFOA) Certificate of Achievement Award The Board considered recognizing the Financial Services staff of the Orange County Financial Services Department for earning the Government Finance Officers' Association Certificate of Achievement for the June 30, 2010 Comprehensive Annual Financial Report. Chair Pelissier presented to Clarence Grier and the Orange County Finance Department the certificate of achievement. Commissioner Jacobs commended Clarence Grier on this report. Clarence Grier also recognized his Budget staff. Frank Clifton said that Clarence Grier has brought great leadership skills to the Financial Services Department. Chair Pelissier said that the Board echoed these sentiments. 5. Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner McKee to approve those items on the agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments -None c. Motor Vehicle Propertv Tax Release/Refunds The Board adopted arelease/refund resolution, which is incorporated by reference, related to 36 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 thirty-five (35) 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 nine (9) untimely applications for exemption/exclusion form ad valorem taxation for the 2011 tax year and one (1) for the 2010 year. f. Propertv Tax Releases and/or Refunds (Business Personal Propertv) The Board adopted a resolution, which is incorporated by reference, to release property values related to four hundred and one (401) tax notices which need a property tax release and/or refund in accordance with North Carolina General Statute 105-381. g Housing Rehabilitation Program - N.C. Housing Finance Agency The Board adopted a revised Assistance Policy and a revised Procurement Policy for the 2011 Single Family Housing Rehabilitation Program funded by the N.C. Housing Finance Agency and authorized the Chair to sign.- h. Fiscal Year 2011-12 Budget Amendment #5 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 2011-12 for Department of Social Services, Department on Aging, Library Services, Planning Department, Housing and Community Development, Piedmont Food and Agricultural Processing Center, and Chapel Hill-Carrboro City School .Elementary #11 Capital Project Ordinance. i. Lease Approval: 1914 New Hope Church Road to Orange County Board of Education The Board approved along-term lease with the Orange County Board of Education for County-owned .property at 1914 New Hope Church Road and authorized the Chair to sign. L Approval of Budget Amendment #5-A for the SportsPlex Pool Area Dectron HVAC and Locker Room Renovations The Board approved Budget Amendment #5-A to appropriate $217,000 from the SportsPlex Operating Fund Balance to provide funds for the replacement of the pool Dectron HVAC unit; appropriate $194,000 from the SportsPlex Operating Fund Balance to provide funds for the pool locker room renovations project; and authorize the Manager to accept bids for this work and execute the necessary agreements to complete the projects. k. Chances in BOCC Regular Meeting Schedule for 2012 The Board .amended its regular meeting calendar for 2012 by: - Adding a joint meeting with the towns of Carrboro, Chapel Hill, and Hillsborough on Thursday, January 26, 2011 at 7:00 p.m. at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, for the purpose of discussing solid was#e issues. - Adding a location for the Legislative Breakfast meeting which is scheduled for Monday, April 16, 2012 at 8:30 a.m. The location of this meeting will be at the Solid Waste Operations Center, 1207 Eubanks Road, Chapel Hill, N. C. I. Intergovernmental Agreements The Board authorized the County Manager to sign the listed agreements, which is incorporated by reference, and any amendments or renewals of those Agreements. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Items Removed From Consent Agenda a. Minutes The Board considered correcting and/or approving the minutes from October 25, November 1 and 10, 2011 as submitted by the Clerk to the Board. Commissioner Gordon made reference to the sheet from Commissioner Jacobs. regarding the minutes for November 1, 2011. She would like to leave the information that Commissioner Jacobs wanted to remove from this set of minutes. She likes to disclose information. that she gets from the. staff. Commissioner Yuhasz asked why Commissioner Jacobs suggested removing this. Commissioner Jacobs said that to leave off the color of paper that are at their places regarding additional materials. Commissioner Yuhasz asked the Clerk about this and Clerk to the Board Donna Baker said that the colors indicate added information for the original agenda packet that was developed, coordinated, and distributed. The sheets are color-coded to note that they were not a part of the original agenda packet. Commissioner Yuhasz said that it may be important to leave the colors in, in light of that. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to approve the minutes for November 1, 2011 as submitted by the Clerk to the Board with the changes as suggested by Commissioner Jacobs, with the exception of the deletion of lines 34- 40 on page 1. VOTE: UNANIMOUS Commissioner Jacobs pointed out one of the changes that he made, which is that he would like the Board to consider opposing the constitutional amendment to deny equal protection to people who are gay. A motion. was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve the remaining minutes -October 25, 2011 and November 10, 2011 as submitted by the Clerk to the Board VOTE: UNANIMOUS 7. Public Hearings a. Orange-Alamance Boundary Land Use and Zoning Atlas Amendmen#s The Board received the Planning Board recommendation, considered closing the public hearing, and making a decision on a Planning Director initiated amendment to the Orange County 2030 Comprehensive Plan Land Use Element Map and the Zoning Atlas to establish zoning and land use categories for lots being located within Orange County's planning jurisdiction in conjunction with the formalization of the Orange-Alamance County line. Planner III Michael Harvey introduced this item. There were no public comments. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve the Resolution and Ordinance contained within Attachment(s) 4 and 5 amending the Comprehensive Plan Land Use Element Map and Zoning Atlas. VOTE: UNANIMOUS 8. Regular Agenda a. Proposed Orange County Addressing and Road Naming Ordinance The Board considered adopting a resolution amending Chapter 6, Article II, the current Building and Building Regulations sections of the Code of Ordinances, with the proposed Orange County Addressing and Road Naming Ordinance and authorizing the Chair to sign. GIS Director Steve Averett introduced this item. He said that there has been some feedback from the County Commissioners. There was some wording revised regarding the 75% majority that requested a road name change. Also, the definition for "road origin" was added. A Commissioner had requested that wording from the previous ordinance be used to be clearer about the grid access for numbering roads. Questions from Commissioner Gordon and staff responses on this item: (see the handout) Item 8a -Addressing and Road Naming Ordinance -Sec. 6-35 (Addressing). Question/ Comment 1 (page 21 of the agenda materials) Sec. 6-35 (d) (1) This paragraph has still not been changed. The north-south axis should continue to the Chatham County line,. and therefore this paragraph should be corrected. (Copied from response to Commissioner Yuhasz's inquiry/suggestion on the same issue - Issue initially raised by Commissioner Gordon) From John Roberts and Steve Averett Staff has reviewed the wording proposed by Commissioner Yuhasz to address the axis concern, the same axis concern raised by Commissioner Gordon. Based on Commissioner Yuhasz's proposed language, staff suggests the Board consider the following to replace the current draft language: "... to I-85, Old NC 86 from I-85 to its intersection with N.C. 54, and then continuing along Old Fayetteville Road to Jones Ferry Road and along- Jones Ferry Road to the Chatham. County Line. The east -west line ..." Staff has also provided a map (attached) to illustrate this language. Question/ Comment 2 (page 21) Sec. 6-35 (d) (4) What is the meaning of "road of origin" in this paragraph and elsewhere in the ordinance? Perhaps this term should have a formal definition in Sec. 6-32 (Definitions). From John Roberts Definition to be added: Road of Origin. Each road shall have a road of origin. Generally, a road's origin will be the beginning point of the road as accessed from another road, from major to minor roads, and from proximity to the axis point. These road origins shall be established by the Addressing Administrator. Question/ Comment 3 (pages 21 and 27) Sec. 6-35 - A comparison of the new ordinance (Attachment 3) with the old ordinance (Attachment 4) appears to show that some of the assignment guidelines in the old ordinance have been deleted, and essentially replaced by Sec. 6-35 (d) (4) in the new ordinance. The old ordinance describes how to assign the numbers in relation to the north-south and east- west axes, in Sec. 6-35, paragraphs (b) through (g). Why were these sections changed in the new ordinance? The reason for asking is that the methodology for assigning numbers appears to be clearer in the old ordinance. From John Roberts The prior ordinance was more detailed in this area because it was essentially starting from scratch. There is no reason the language in the old ordinance, 6-35(b) through (g), can't or shouldn't be added. PUBLIC COMMENT: Bill Waddell thanked the County Commissioners for cleaning up what sometimes can be a challenging situation when emergency personnel go out. Commissioner Gordon said that she is pleased that they are amending the ordinance and that there is a designated staff member delegated to do this. Commissioner Gordon made reference to page 27 and asked why the axis was not included on this page. She said that the Attorney had said that it was ok to add it in. John Roberts said that he did not see any direct conflict in the language, so he has no problem with adding this in. Michael Harvey said that the only real use of the grid is if a major thoroughfare came through and the directionality of the road. Commissioner Gordon said that she cannot see any reason not to add in the axis and it is much clearer on how to change addresses. Commissioner Yuhasz said that he did not see anything wrong with adding additional direction, but if there is potential conflict, then the ordinance should defer to the current language. Frank Clifton suggested adding in the grid axis option to the adoption. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to adopt a resolution with the suggested changes as shown on the PowerPoint, and to add the language from the existing ordinance to the proposed ordinance as suggested by Commissioner Gordon giving deference to the language in the proposed ordinance where there might be a conflict; and other language modifications amending Chapter 6, Article II, the current Building and Building Regulations sections of the Code of Ordinances, with the proposed Orange County Addressing and Road Naming Ordinance and authorize the Chair to sign. Commissioner Gordon added a friendly amendment that in Section 6-32 that the definitions be included regarding the road origin; that in Section 6-34 that the definitions be included regarding the language of the 75%; that in Section 6-35(d)-1 that the revised language on the axis be added from the handout; and that the changes be made to 6-35(b)-(g), and that, in doing so, if there is a conflict between the language that was proposed and the language that has been added, then the proposed language should take precedence. Commissioner Yuhasz accepted the friendly amendment and Commissioner Foushee seconded. VOTE: UNANIMOUS b. Interlocal Agreement Regarding Funding of the Chapel Hill Municipal Library and Improved Interoperability of Library Systems The Board considered an Interlocal Agreement by and between Orange County and the Town of Chapel Hill regarding funding of the Chapel Hill Municipal Library and improved interoperability of library systems and if approved, authorizing the Chair to sign. Library Director Lucinda Munger said that this item is for the Board of County Commissioners to consider an interlocal agreement between the Town of Chapel Hill regarding the funding of the Chapel Hill Municipal Library and improved interoperability between the Town and County library systems. During the 2011-12 budget work sessions concerning County library funding, the Board of County Commissioners discussed the contribution to the Town of Chapel Hill for library services for all Orange County residents. During the deliberations, the Board stated its desire to pursue a formalized agreement before the end of 2011 with the Town, to increase the level of funding to both library systems that.would increase services for all residents within budgetary resources. At the June 21St meeting, the Board approved a resolution stating, "The County will provide total funding in the amount of $342,986 during FY 2011-12 to the Town to support library services to all Chapel Hill library patrons upon the approval and signature by both the Town and County of an interlocal agreement." The approved funding was an increase of just over $93,000 and represented approximately 21 % of County library operational funding. The agreement outlined raising the contribution to 30% of the County's library operational costs over an approximate four-year period and a desire to increase interoperability between the two systems. At its June 27th meeting, the Town Council decided against implementing afee-based library card system for all non-Town resident library users and accepted the County's contribution for Chapel Hill Library support for 2011-12. The. Council .also instructed the Town Manager to continue discussions with the County regarding further financial support and related issues of interest to all parties. The revised attached interlocal agreement still reflects the funding changes made during the Board's budget deliberations and new language that reflects the enhancements to the agreement based on subsequent discussions between selective Chapel Hill Town Council members and County Commissioners. The Town of Chapel Hill is scheduled to discuss thfs agreement at its regular meeting on June 9, 2012: There will be a delay of the third quarter payment until after this meeting and pending the approval of the agreement. According to the revised agreement, it will still~be the intent of the County Commissioners to increase the level of funding County library operational costs at 3% in an amount proportional to the proposed increase in the funding provided to the Town library by the County each fiscal. year until the contribution reaches 30% of County library operational funding by June 30, 2015. Should this agreement be approved and signed by both governing bodies during FY 2011-12, the County will contribute a total of $342,986 to the Town for library services. The contribution will never fall below this amount. The contribution will be reviewed annually by staff in consultation with a representative group of elected officials beginning no later than October 15, 2012. Commissioner Yuhasz said that he had several questions. On page 5, the word "proportional" has been substituted for the word "equal." He asked for clarification on this. His concern is to make sure that the increase to the Chapel Hill Library is never any greater than the increase to the County library. Frank Clifton deferred this to the library committee members as to the intent of this change. Commissioner Jacobs said that the wording is unclear, because if you read it as equal then that would mean that the increase would be equal to the increase in the county funding. This is not the intent. It is a proportion of the total increase to the County library. He said that if "proportional" does not make sense, then they need to find better language. Commissioner Foushee said that the intent was that the proportional increase would never exceed in proportion to what happens to the Orange County Library. She said that they wanted it to be clear that "equal" was not the situation. Chair Pelissier said that it should say "proportional percentage." John Roberts said that adding "percentage" would alleviate the concerns. Commissioner Gordon asked that staff figure out the wording and fix it. Commissioner Yuhasz made reference to Section 3 on page 6 regarding interoperability and said that he had some concerns about this language, which suggests that interoperability is optional within this agreement. In his mind, interoperability is a requirement in this agreement within three years. -This is a critical part of the agreement to him. Commissioner Foushee said that the group found it difficult to define clearly interoperability. Each board has an opinion what it should look like and the entities are not on the same page. Lucinda Munger said that in September 2010 she included in her presentation the options for interoperability. There are many different levels of interoperability. What was stated at that meeting was that a person could go to any library in the County and use the same library card. Chair Pelissier said that one of the unknowns is cost of the interoperability. She would be reluctant to make it a strict requirement since it was not in previous drafts of the interlocal agreement. The agreement does indicate that the Board will receive a report on the agreement in November 2012, so it will not be stagnant. Commissioner Jacobs said that he recalled interoperability as being a major hang-up with the County and that this agreement captured what they wanted. Commissioner Yuhasz said that he has no question about Orange County's commitment to interoperability but he does have concerns about interoperability not. being a requirement of this agreement. Commissioner Foushee said that this conversation makes it seem that these boards do not have mutual trust. She said that it is sad to her that they are at a point that they cannot work through negotiations in good faith. Commissioner McKee said that the Board did extend an indication of being willing to work with the Town by raising the funding level. The thing that concerns him is that he ~s afraid that, without a definitive definition of interoperability and a timeframe for achieving interoperability, that Orange County would be agreeing to an interlocal agreement that would be open to interpretation. Commissioner Yuhasz went to his other questions. Under #4 on page 6, the Town Library Board of Trustees suggests that the County would appoint a County Commissioner liaison to this board and he asked why there would not be an actual member that has a right to vote from the Board of County Commissioners. John Roberts said that there is no reason that he knows of why there should not be a Board of County Commissioners' member on the Board of Trustees. Commissioner Yuhasz asked if this would be a roadblock to an agreement. Chair Pelissier said that she does not think it would be a roadblock because it says that the liaison would make recommendations as the liaison. Commissioner Yuhasz suggested changing this to being a member of the-Board of Trustees. Commissioner McKee agreed with Commissioner Yuhasz about this issue. He said that not having a County Commissioner as a member of the Board of Trustees would be a roadblock. He is in support of increasing the funding, but he thinks that there should be a voting member on the board because of the amount of money being contributed. Commissioner Gordon asked about the membership composition of this board. She asked if there was a Town Council Member on it and no one knew. She. said that she would underscore what Commissioner Foushee said about interoperability and that the entities should negotiate in good faith. Commissioner Jacobs said that he agreed with Commissioner Yuhasz about having a Board of County Commissioner member on the Town's Library Board of Trustees. Commissioner Jacobs made reference to interoperability and 3-a, and suggested adding, "to be determined during the term of this agreement," to the end of this statement. This would specify that there would be some agreement about interoperability. Frank Clifton said that, according to the website, the County representative is a voting member and a Town Council Member sits on the board, but is anon-voting member.- - Frank Clifton pointed out that the document before the Board was amended by the Town of Chapel Hill staff. Commissioner Jacobs agreed with Commissioner Foushee and Commissioner Gordon in that the County needs to continue to operate in good faith. Commissioner McKee said that he would still like to have a voting member on the Board of Trustees. Chair Pelissier said that she thinks it would be inappropriate to ask to have a voting member since the Town Council Member is not a voting member. Chair Pelissier returned to Commissioner Yuhasz's question on page 5, item`d', and said that the intent of adding this was to make it clear to the Chapel Hill Town Council Members in this discussion that if Orange County does increase its funding to library operations, then an additional 3% is larger than what it is now. She does not know another way to reword this. John Roberts suggested rewording as follows: "It would be the intent of the County. to increase its funding of County library operational costs by a proportional percentage to the proposed increase in funding of the Town library." Commissioner Yuhasz said that he is not sure this does it for him. He would like someone to work through some numbers. He wants to make sure that this increase would not be more than the increase that the County library would receive. Chair Pelissier said that this would definitely not happen and it is all based on the total amount of funding and the percentages specified earlier in the agreement. Frank Clifton said that the funding that was proposed to give to Chapel Hill is not included in the total dollar amount for library services. The percentage given to Chapel Hill under this agreement would never exceed 30% of what the County now spends on operational costs for library services. Commissioner Yuhasz said that this discussion proves the need to tighten up on the language of this agreement. Commissioner Yuhasz said that his next concern is the part on termination. He would like it to say, "the agreement may be terminated by either party hereinto upon one year advanced written notice to the other party or at any time by mutual agreement." Commissioner Yuhasz said that he withdraws his concern about #4 and #3 with Commissioner Jacobs' improvement is acceptable. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to approve and authorize the Chair to sign an Interlocal Agreement by and between .Orange County and the Town of Chapel Hill regarding funding of the Chapel Hill Municipal Library and improved interoperability of library systems, with the changes as suggested by Commissioner Jacobs for item 3-a regarding interoperability and as suggested by Commissioner Yuhasz regarding termination. Commissioner Jacobs asked if the wording for 2-c was resolved.. Commissioner Foushee said to use the wording of John Roberts. Commissioner Jacobs said that the Manager's wording summarized it well. He made the following suggestion and made it as a friendly amendment to the motion: "It would be the intent of the County to increase its funding of County library operational costs, by a proportional increase, and then to increase funding provided to the Town library by ' the previously agreed upon percentage of the library system increase, not to exceed three percent annually." Frank Clifton said that if it would be beneficial, he will put together a chart separately to the Board of County Commissioners. Commissioner Foushee suggested not submitting the chart as part of the agreement because it did cause quite an amount of confusion. She suggested agreeing on the language tonight. Commissioner Foushee accepted the friendly amendment. VOTE: UNANIMOUS Commissioner Gordon said that the language dealing with the increase in funding is still not completely clear, but she voted for it to get the process moving forward. c. Emergency Services Workgroup The Board considered recommendations for the Emergency Services Workgroup and giving direction to staff as to the Workgroup's scope of services. Michael Talbert said that the next three items are related to the November 17th work session. At this work session, the Board considered several aspects of Emergency Services. 1) Review of the VIPER (Voice Interoperability Plan for Emergency Responders) Original Design and Implementation and Strategies to Improve Coverage and Capacity; 2) E911 Communications Center Improvement Plan; 3) Discussion with the Board of County Commissioners Regarding Plans to Improve the Emergency Medical Services Delivery System; 4) Review of Fire Department Issues Relating to Fire Protection Districts, Fire Insurance Districts and Fire Tax Districts as Related to Property Insurance Ratings; and 5) Summary of Financial Implications to Provide Emergency Services Coverage, Capacity, and System Improvements. The Board directed staff to bring a plan back that established a workgroup to address issues related to the items presented for the purpose of seeking input. Staff has contacted and discussed workgroup makeup options with several senior fire and rescue members and senior law enforcement members. The workgroup is recommended to consist of members from the volunteer and municipal fire and rescue group, a municipal law enforcement senior officer, a representative from the Sheriff's Office, and members from the Emergency Services Department. The County Attorney's Office, Medical Director and County staff will be utilized as needed. The group will provide its recommendations to the Board of County Commissioners. The group will meet probably between 6-12 months. The scope of services will include but will not be limited to: 1. Review VIPER system improvements and provide input. 2. Review the preliminary findings of Solutions for Local Government, Inc. and provide input (Note: the Board of County Commissioners. will consider authorizing a contract with Solutions for Local Government in a subsequent agenda item later in this meeting.) 3. Provide the Board with alternative short-term and long-term solutions relating to Fire Protections Districts, Fire Insurance Districts and Fire Tax Districts. 4. Review the Fire Departments Strategic Plan once complete and provide input. PUBLIC COMMENT: Bill Waddell, President of Orange Grove Volunteer Fire Company, read a prepared statement. Response to the County agenda for December 13tH Item 8C - Reframe the workgroup. (Speaker: Bill Waddell) Thank you for deciding to form an Emergency Services workgroup to address the critical issues which we brought to your attention last September. As you know, Orange County is facing major issues that impact our safety and the safety of the public -including: • Radio outages in buildings throughout the county • Poor ambulance response times especially. in the rural parts of the county. • Reacting to changed insurance underwriting policies causing sharp increases in homeowner insurance premiums in over a thousand Orange County households. • Outdated systems in the 911 call center -which appear to be contributing to response .time delays and other dispatch problems With this new workgroup, the emergency stakeholders including the rural fire departments can work together find solutions that work system wide and that taxpayers can afford. In November, you asked the county to draft the charge, composition and timeline for the workgroup -for public comment today. We reviewed the draft and suggest the following changes to the proposed charge and composition. First -the workgroup's charge should be more specific and proactive. You asked for tangible solutions to the problems we are facing. We expected the work group to work cooperatively on issues and recommendations -not simply review the work of the county or its consultants. For your consideration, we drafted a charge for your review and for consideration by the workgroup. • Second, we support the county's role to coordinate and administer the workgroup -but ' we ask that one or two commissioners agree to lead it - in order to assure that your priorities and objectives are met. If they are willing, please ask that commissioners McKee and Foushee be designated as co-chairs -since they have strong hands-on experience which should expedite our efforts. • Third, please consider inviting the county medical director to be an active -not advisory member of the workgroup. And include UNC's School of Government in an advisory capacity • Fourth, please allow 1 to 2 citizens to openly participate, openly engage in subjects that are of .interest to them. Finally, please do not approve any consulting projects -including those listed in tonight's agenda items 8D and 8E unless they have the full support of the workgroup. Thank you. Commissioner Foushee made reference to having Board of County Commissioners' participation on the work group and said that she thinks it might be beneficial to have citizens who are part of the County in this group. Commissioner McKee agreed with Commissioner Foushee. She said that there should be Commissioner participation as well as citizen participation from two citizens -one from the rural area and one from the towns. Commissioner Jacobs said that he thinks it could be good to have the Medical Director on this group. Commissioner Gordon agreed that it would be beneficial to have Commissioner participation. She also agreed with having two citizens and the Medical Director. She suggested changing the wording and instead of the scope of services, she would prefer that this wording be changed to a "charge" She said Item #2 of the charge (Review the preliminary findings of Solutions for Local Government, Inc. and provide input) would put the work group in more of an advisory role for the consultant and she would prefer that they have more defined duties. She said she would also like the group to provide a specified timeline. Chair Pelissier said that she agreed with adding a Commissioner or two, but she questioned the role of citizens on this group since there is a lot of technical work. Commissioner McKee said that the reason he suggested adding two citizens to this group is not because of technical expertise but from a taxpayer's perspective. Commissioner Foushee concurred. Commissioner Jacobs made reference to the notion of changing the charge and timeframe and he suggested that the first order of business be to synthesize the two charges and suggest a reasonable timeframe to report back to the County Commissioners for information and not necessarily for approval Commissioner Yuhasz said that Mr. Waddell had suggested delaying the next two items on the agenda until the workgroup has reviewed these. He asked if the Board wants to delay these and add this review in the charge and a specific timeframe to get a report back. Chair Pelissier said that the citizens and County Commissioners would have to be appointed almost immediately or very soon if that is-the case. Commissioner Jacobs said that he does not see a problem with proceeding with item 8- d. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve the proposed Emergency Services Workgroup to consist of: Assistant County Manager -Coordinator 1. Volunteer Fire Chief -Appointed by OC Fire Chief's Association 2. Volunteer Fire Chief -Appointed by OC Fire Chief's Association 3. South Orange Rescue Squad -Appointed by Rescue Squad 4. Municipal Fire Chief -Town of Chapel Hill Fire Chief or Designee 5. Municipal Police Chief -Town of Carrboro Police Chief or Designee 6. Municipal Police Chief -Town of Hillsborough Police Chief or Designee. 7. Orange County Sheriff -Sheriff or Designee 8. Emergency Services Director 9. Board of Commissioners (2)- Commissioner McKee (member) and Commissioner Foushee (alternate) 10. County Medical Director 11. 2 Citizens-At-Large Technical Staff as needed: • EMS, Communications • County Attorney VOTE: UNANIMOUS Commissioner Foushee volunteered to be the alternate and Commissioner McKee volunteered to be the member. This item will be brought back on January 24th, including the two citizen appointees and a refined charge. d. Review of the VIPER (Voice Interoperability Plan for Emergency Responders) Original Design and Implementation and Strategies to Improve Coverage and Capacity The Board considered implementing a plan to improve the original VIPER (Voice Interoperability Plan for Emergency Responders). system installation by expanding both coverage and capacity of the system and authorizing the Manager to sign. Michael Talbert said that the main issues related to this are coverage and capacity, which include additional towers and additional channels. Staff has had discussions with Congressman Price and the State Highway Patrol, and the State Highway Patrol has volunteered to assist the County with technical expertise. PUBLIC COMMENT: Bill Waddell read a prepared statement. "We fully support a plan to engage Highway Patrol to help with VIPER improvements. However, we ask that the newly created workgroup have a chance to review the proposal before you approve it. It won't take long. "We believe thafithe study should be directed by the workgroup. Experts from our rural fire departments have a great deal to contribute to the effort. Plus we are likely to have to work with Highway Patrol to identify the areas where there are coverage problems. It is important that we understand the project and .expectations on our teams and on Highway Patrol As part of the effort to improve radio coverage, we hoped the workgroup, Highway Patrol and the call center could finalize a process to use talkaround channels as an interim measure. This should greatly improve our safety and we need to be confident that it works in the broader context. "Through the work group, we hoped to invite professionals from our rural fire departments and Chief Dan Jones to bring their deep expertise to the highway patrol project. Specifically Pete Hallenback, Guy Randell, Tony Blake, and Dan Jones all have relevant expertise to properly interpret and recommendations from HP and work with the county to implement them. "Please do not approve this study until the workgroup has had a chance to get on board." Commissioner McKee said that since the State Highway Patrol has offered to provide information at no greater cost to the County, he thinks the County should move forward with this. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to authorize the Manager to sign a Coverage and Capacity Assessment Analysis Agreement for assistance from the North Carolina Highway Patrol. Commissioner Jacobs said that, with respect to the workgroup that as part of this study that the Highway Patrol work with the County and the Emergency Services Workgroup. Chair Pelissier agreed with Commissioner Jacobs and said that she sees this as additional information and she does not want to delay it. Michael Talbert said that there is a certain amount of data gathering that will have to go on with this process. This could begin sometime in late January and the first of February. VOTE: UNANIMOUS Commissioner Jacobs made reference to VIPER and asked Craig Benedict about the discussion about putting antennae attachments on cell towers. This seems to have fallen as part of the discussions. He said that this seems like a less expensive and quicker way to address concerns. Planning Director Craig Benedict said that antennae attachments can be made and these could be considered by the experts. He thinks that all opportunities can be considered. e. Study/Assessment for Emeraency Medical Services and E911 Communications Center and Aoproval of Budget Amendment #5-B The Board considered a recommendation regarding the County's Emergency Medical Services System and E911 Communications Center by contracting with Solutions for the Local Government, Inc., for $26,400 to assist the department in developing a multiyear strategic plan addressing Emergency Medical Service System and E911 Communication Center needs; approving Budget Amendment #5-Bto appropriate $26, 400 of Emergency Telephone System Fund Balance for professional services to compete the proposed scope of services; and authorizing the Manager to sign the sign the contract with Solutions for Local Government, Inc. Michael Talbert said that when they met on November 17th there were discussions about the E911 system and the Emergency Medical system. The EMS system is averaging 14,000 calls annually. There are several phases and one of the goals is to decrease response times, enhance the first responders' safety, and ensure system backup. The County has asked a local company in Charlotte, North Carolina called Solutions for Government. Steve Allen is-the President of this company. The work would involve two studies -one for Emergency Medical and one for the 911 Center. There would be a thorough evaluation of what currently exists. -The total cost for both plans would be $26,400. PUBLIC COMMENT: Bill Waddell was speaking as a long time Paramedic that serves on the South Orange. Rescue Squad and speaking for the rural fire departments. "We do not support a third consultant study and ask that you please not approve the project. "Please give the workgroup a chance to discuss the isstaes and agree on the improvements that are needed. We do not believe that we need the help of a consul#ant at this time. As you mentioned in November, we need real solutions now. "For starters, the workgroup can quickly figure out where to site an ambulance in the northern part of the county. There aren't that many options. In addition, given the contacts that the fire chiefs and SORS have with medical directors all over the state, we should quickly be able to get good benchmarks comparing Orange County to other emergency medical fleets in North Carolina. "We also believe that we need to take a hard look at the call center CAD system and radios to understand the impact of replacing them -sooner than 2013/14 as the county suggested and possibly as soon as next year. "Please let us work on all of this before you consider engaging a consultant. We'd like to invite you all to join us to visit the call center in Alamance County where they are handling double the call volume (360,000 calls per year) with the same size staff as Orange County. We suspect that their technology investment is contributing favorably to their low cost operation and average response time of 9 minutes. They replaced their CAD system in 2009. Compared to other counties, we expect to find that our call center problems and ambulance fleet problems are routine. Rather than pay a consultant, we'd prefer to work with our neighbors and learn from their experiences. It's a win for everyone. "Please let us get to work and come back to you with recommendations that make sense and work for Orange County.. Please don't ask us to wait for another consulting study. There is too much to do and there is much at stake. Thank you." Commissioner Jacobs asked to hear from Emergency Services Director Frank Montes de Oca about his opinion on Mr. Waddell's comments. Emergency Services Director Frank Montes de Oca said that the County does need to engage with its users -both the volunteer groups and the professional groups. There needs to be some focused gathering of data and a consultant would have athird-party perspective. He said that a lot of the equipment is aging and it is expensive to replace these. Commissioner Hemminger said that she liked the idea of data gathering from a third party. Commissioner McKee asked Frank Montes de Oca if a delay of six weeks or two months was going to be a problem while the work group looks at this: His inclination is to delay this until after the work group reviews this and makes a recommendation. Frank Montes de Oca said that atwo-month delay would not be good. A two to four week delay would be ok. Commissioner Yuhasz echoed Commissioner McKee's comments and said that he appreciated the value of a third party to review this, but the work group could define a scope. He suggested having a report by the second meeting in February. Frank Clifton said that Orange County previously hired a consultant that had no experience in N.C. and no one was happy with the outcome of this study: Ail this study did was to provide to the County an inver~tary. Commissioner Gordon said that it is important to define the parameters of the study.. She said that it is important to be organized in how the data are analyzed. She said that she is convinced that they should wait to get some outside perspective. Michael Talbert said that the budget and. capital investment plan will be presented to the Board as a first draft in early March. In reality, the group will not start with any data collection until early March. The capital investment plan may have some guesses incorporated. Chair Pelissier said that she would like to suggest proceeding with this and having the consultant to work with the work group. She said that it is really the consultant defining the scope of work and planning details and not so-much the County. Commissioner Jacobs asked the Sheriff if he had any comments. Sheriff Pendergrass said that he fully supported the Manager and Michael Talbert. Commissioner Yuhasz said that he wants to make sure that the consultant is looking for the right things. Commissioner McKee said that the County Commissioners has delegated a great deal of responsibility to this work group. He thinks that the County Commissioners can delegate a quick review of this study to the work group as one of its first priorities. His concern is that this group is responsible from the beginning of being involved in defining parameters and solutions. Commissioner Jacobs asked Commissioner McKee if his vision of the work group participation relates to whether or not the County should do this study or to help guide the parameters of the study. Commissioner McKee said that his vision is for the work group to help guide the parameters of the study. Commissioner Jacobs said that he would rather the County Commissioners direct it to the group to review the charge and not whether the County would need a consultant. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to delay implementation of the study and direct it to the work group to review the parameters and come back with a recommendation by February 7m Frank Clifton asked Steve Allen if he would be available to do this project in six weeks. Steve Allen said that the 8-10 week time frame was based on an early January start and it would depend on when Orange County was able to proceed. He already has other offers. He said that citizen involvement is very important. VOTE: UNANIMOUS f. Creation of aNon-Profit Corporation to Manage the Operations of the Piedmont Food.and Agriculture Processing Center The Board considered approving draft bylaws for the non-profit corporation to be created for the purpose of operation the Piedmont Food and Agriculture Processing Center; authorizing the County Manager and County Attorney establish anon-profit corporation; and considering other issues related to the creation of anon-profit corporation. John Roberts said that this facility has been in the works for quite some time before he arrived in 2009. Initially, the center was planned to be operated by anon-profit. Once he got involved with the attorneys from the other counties, there was concern about the non-profit proposed status because there was no non-profit that was ready to take this project on. It became a County project and essentially a County department. There are.: some issues that create problems for potential uses because of insurance for small users, etc. He reviewed some changes that he made. On page 5, Section 4.02, he added Matthew Roybal as the registered agent. On page 6, Section 6.03, he added a sentence, "Other vacancies may be filled as provided herein." On page 8, section 7.09, Commissioner Yuhasz had suggested that the final sentence be stricken and he has no problem with that. On page 15, Section 13.01, the reference to the section should be 15.03. Similarly, on page 16, the reference in Section 15.03 should be Section 15.03 instead of 15.02: Commissioner Jacobs said that this is an important advance in this process. Commissioner Jacobs made reference to page 13, Section 10.02 and Annual Audits. It is his understanding that for the next several years., all four partner counties are fiscally responsible. Orange County will determine a reasonable rental rate. He thinks it is important to send the annual audit to all four Boards of County Commissioners. The grant was received in part because it was afour-county partnership. He also suggested that each county have two seats on the Board of Directors until such time as Orange County is the only fiscally responsible county or until-some other county withdraws. Frank Clifton said that initially Orange County has the greater-share of financial responsibility. Also, the hope is that the Board of Directors will be comprised of people who are actively involved in the operation of the facility so that the knowledge can be expanded of the organization. After the organization is up and running, it should be free and clear to provide its membership as desired because the financial partnership will not be needed. Commissioner Yuhasz said that it seems reasonable to divide the initial appointments equally among the four boards. Commissioner Hemminger asked John Roberts about the other attorneys reviewing this. John Roberts said that the County Attorney in Durham is still concerned that counties cannot create non-profits. The Attorney from Chatham County has not responded. John Roberts asked about changing the composition. He said that if each county only appoints two, that will reduce the number of directors to eight. He asked the Board if it was ok to let each county appoint three members and then each county would have one reserved appointee that is a resident of that county. Some of the Board agreed. Commissioner Gordon made reference to page 22 and said that it seems that Orange County is taking most of the financial responsibility, so the way it is written is fair for Orange County in the first two years. Then afterwards there can be an adjustment. Regarding the terms in Section 6.02, Commissioner Gordon said it was not clear. She made reference to page 7, Section 7.01, Place of Meetings and said that this should be more specific as to the place of meetings because, "majority of the Board members" could mean lots of different things. Chair Pelissier asked about the composition of the board as it relates to the financial liability of the County. It has been argued that Orange County should -have a greater number of appointees because Orange County has a larger financial liability the first three years compared to the other counties. John Roberts said that he attempted to weight the composition towards Orange County, but there is no legal requirement for this. The Board can change it. John Roberts made reference to Section 10.02, Annual Audit, and said that he_wanted to change this to Jurie 30, 2015 because that is the date that the interlocal agreement expires. Commissioner Foushee made reference to board composition and said that Orange County should have more representation as long as there is more financial responsibility. Commissioner Jacobs said that if the Board wants it to be proportional, then Orange County should have four seats and every other county should have two seats. This is consistent with the percentages on page 22. Commissioner Yuhasz said that the idea of having three members appointed by the representative counties simplifies the language that is required. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve the proposed bylaws with all of the amendments as proposed by the County Attorney, including the audits and time frame that the County Attorney proposed (along with minor substantive modifications, as needed, by the Attorney); authorize the Manager and Attorney to establish a nonprofit corporation; direct the Manager and Attorney to establish a timeline for the appointment of the initial directors working with others involved in the initial formation of the nonprofit; authorize the Manager and Attorney to develop the appropriate agreements between the nonprofit for lease of the County-owned building along and a contract for the provision of administrative support services; direct the Manager and Attorney to work with the partner counties to secure their appointments to the initial board of directors of the organization; and authorize the Manager and Attorney to facilitate an orderly transfer of control and administrative management of the PFAPC operations to the new nonprofit within the context of the upcoming FY 2012-13 County budget process; and to have three representatives from each of the partner counties on the Board of Directors. Commissioner Gordon said that she is not sure about the ramifications of what is being proposed and the language changes should be brought back at a subsequent meeting for approval. She suggested that the motion be an intent and that the language come back. Commissioner Yuhasz said that it is important for this to move forward and the other counties need to appoint members. He said that any delay will set this effort back substantially. The changes have all been minor and have been reviewed and approved by the County Attorney. VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Foushee) 9. Reports NONE 10. County Manaaer's Report Frank Clifton said that there has been some prior discussion about jail overcrowding and at the Board's authorization they have looked at possible locations for a future jail. They looked at property on NC 86 near the State corrections center and NCDOT. He said that he met with the Chair, the Sherrill, and representatives from the NCDOT and Department of Corrections. Both State agencies said that they could foresee about five acres being allocated to the County for a future jail. He will continue to follow through on this option. Commissioner Yuhasz asked if this would require the approval from the Town of Hillsborough and Frank Clifton said that he would have to look into this because it is State land. John Roberts said that in his opinion, the Town of Hillsborough would need to approve the construction. Commissioner Jacobs asked if this information has been shared with the Manager of Hillsborough and Frank Clifton said not yet. He will carry this forward to the Town. Commissioner Jacobs suggested making a phone call to the Town Manager tomorrow, now that this information is public. 11. County Attorney's Report NONE 12. Appointments a. Animal Services Advisory Board -Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Judy Miller to the Animal Advocacy position with a first term expiring June 30, 2013 and Dr. Lynn White to the Animal Advocacy position with a first term expiring June 30, 2014. VOTE: UNANIMOUS b. Commission for the Environment -Appointments The Board considered making appointments to the Commission for the Environment. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Jan Sassaman to a first full term expiring December 31, 2013; Gary Saunders to a second full term expiring December 31, 2014; Peter Cada to a second full term expiring December 31, 2014; David Welch to a second. full term expiring December 31, 2014; and May Becker to a second full term expiring December 31, 2014. VOTE:.UNANIMOUS c. Board of Health -Appointments The Board considered making an appointment to the Board of Health. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Corey Davis to a partial first term expiring June 30, 2012. VOTE: UNANIMOUS d. Historic Preservation Commission -Appointment The Board considered making an appointment to the Historic Preservation Commission. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to appoint Dr. Robert Ireland to a first full term ending March 31, 2013. VOTE: UNANIMOUS e. Oranae County Nursina Home Community Advisory Committee - Appointment The Board considered making an appointment to the Orange County Nursing Home Community Advisory Committee. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Dr. Tracey Yap to a one-year training term expiring January 30, 2013. VOTE: UNANIMOUS 13. Board Comments Commissioner Foushee said that there was a Durham Technical Community College Board of Trustees meeting today and one item was to approve new fees for the college, in particular, the exam fees for the GED, which will be increasing from $7 to $25. Commissioner Jacobs said that he was asked by the retreat planning group to report back to the Board of County Commissioners on the retreat agenda. It will start at where the County is fiscally, go back to the goals that have been adopted as a Board, and then there will be a review of the 1999 Strategic Communication Plan, which was never adopted, and then proceed to talk about how to help inform the public on services that the County provides and how that relates to IT and a strategic plan. Commissioner Jacobs reported to the public that the number 1112# is the code for the free parking deck spaces. Commissioner McKee said that he had had concerns about having public hearings on the transit item. He understands that this is being addressed by the. Chair. Commissioner. McKee made reference to the email about road improvements in Orange County. He hopes that the County can continue to receive road improvements. Commissioner McKee said that one of the residents in Orange County was able to get a new well drilled and she. was elderly and disabled. He thanked everyone involved. Commissioner Gordon said that she attended a transit conference on October 18th in Washington; DC and that is why she did not attend the BOCC meeting on that date. She will write a more thorough report and distribute it to the BOCC. The conference was very informative with respect to county and regional transit planning. Commissioner Yuhasz said that he will be meeting with a Commissioner from Person and Chatham Counties Monday to discuss the next steps in the merger of OPC. Commissioner Yuhasz said that he was approached by a Charles Wood resident and he said that the home insurance rating went from 5 to 9 because this subdivision went from the Hillsborough Fire District back to the Eno Fire District. He anticipates hearing from more residents regarding this. Chair Pelissier said that last week she attended a biofuels conference. Also, today she attended the Carol Woods Resident Association meeting and she talked about how the $175,000 contribution from Carol Woods was spent. 14. Information Items • December 5, 2011 BOCC Meeting Follow-up Actions List • Fire Protection Districts/Insurance Districts Update 15. Closed Session NONE 16. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adjourn the meeting at 11:01 PM. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board