HomeMy WebLinkAboutMinutes 01-31-2012APPROVED 3/13/2012
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WORK SESSION
January 31, 2012
7:OOpm
The Orange County Board of Commissioners met for a Work Session on Tuesday, January 31,
2012 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 ATTORNEY PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Interim Assistant County Manager
Michael Talbert and Clerk to the Board Donna S. Baker (All other staff inembers will be
identified appropriately below)
1. Countv Commissioners: Boards and Commissions Assiqnments
Chair Pelissier called the meeting to order. She went through the process of board
appointments. She asked each County Commissioner which board they wanted to keep.
BOARD NAME SELECTION- 2012
Alcohol Beverage Commissioner McKee
Control ABC Board
Board of Health Commissioner Yuhasz
Board of Social Services Commissioner Foushee
Burlington-Graham Commissioner Jacobs-
MPO Transportation Member
Advisory Committee Commissioner Foushee -
Alternate
Communities in Schools Commissioner Yuhasz
CIS
Community Home Trust Commissioner
Board of Directors Hemmin er
Durham-Chapel Hill- Commissioner Gordon -
Carrboro-Metropolitan Member
Planning Organization- Chair Pelissier -
Transportation Advisory Alternate
Committee
Durham/Chapel Commissioner
Hill/Orange Work Group Hemminger
2 Commissioner Gordon
Durham Tech Board of Commissioner Foushee
Trustees
Economic Development In the process of being
Commission re-structured
Efland Mebane Small Commissioner Jacobs
Area Plan
Implementation Focus
Grou
Emergency Services Commissioner McKee-
Work Group ( 2) Member
Commissioner Foushee -
Alternate
Fire Chief's Council Commissioner McKee
Intergovernmental Parks Commissioner Gordon
Work Grou
Health Carolinians Commissioner McKee
HOME Program Review Commissioner Foushee
Committee / Housing
Bond Program Project
Review and Selection
Committee
Hollow Rock Park Commissioner Gordon
Plannin Committee
Joint Orange Chatham Commissioner Foushee
Community Action
JOCCA
Legislative Issues Work Commissioner Jacobs
Grou 2 Commissioner McKee
Library Services Task Commissioner Jacobs
Force
NACo/NCACC Voting Commissioner Foushee
Dele ate M
Orange County Chair Pelissier
Partnership for Young
Children
Orange-Person-Chatham Commissioner Yuhasz
OPC Area Pro rams
Piedmont Agricultural Commissioner Jacobs -
Processing Center - Chair
Steerin Committee
Research Triangle Commissioner Yuhasz
Regional Partnership
RTRP
Solid Waste Elected Commissioner Yuhasz
Officials Work Grou
Solid Waste Chair Pelissier
Management Work
Grou
Ten Year Plan to End Commissioner Pelissier -
Homelessness Executive Chair
Team
Triangle J Council of Commissioner Jacobs -
Governments (TJCOG) Member
Commissioner
Hemmin er - Alternate
Triangle Area RPO- Commissioner McKee -
Transportation Advisory Member
Committee Commissioner Gordon -
Alternate
Triangle Transit Board of Chair Pelissier
Trustees
Upper Neuse River Basin Commissioner
Association Hemmin er - Chair
Visitor's Bureau Commissioner Foushee
Workforce Development Commissioner
Board - Regional Hemminger
Partnershi
EX-OFFICIO
Communit Leadershi Council M _, Chair Serves
Elected Transit Leaders Meetin Chair Serves
Hillsborough/Orange County Chamber of. Commerce (L)-does not
re uire a Commissioners Chair May Serve
NC DOT Quarterl Meetin s ChairNice Chair
School Collaboration Meetin s ChairNice Chair
2. Discussion on Interaovernmental Aareements Approval and Recoanitions at
Board Meetinqs
John Roberts said that staff wants to give signature authority to the Manager on certain
interlocal agreements. All of the interlocal agreements have been coming to the Board and the
Manager has signed amendments. The recommendation is $90,000 and below to come to the
Manager and anything above that would go to the Board of County Commissioners.
Commissioner Foushee agreed.
Commissioner Yuhasz said that it would probably be okay to set the limit at $90,000 but
whatever limit they impose only relates to monies that they spend and not what comes in. He
said that the Board would not need to see renewals, but if there is a self-perpetuating clause,
then the Board would need to see it, regardless of the amount.
John Roberts said that a lot of these agreements have a match.
Commissioner Gordon said that her understanding is that these are things that are
already in their budget, and asked if that was correct. It was answered yes. She said that the
matches can be important. She would like to see the Manager give the Commissioners a
monthly report on what has been approved by him.
Commissioner Foushee reiterated that in the cases where the match has a budget
implication that has not been approved by the Board then they need to see it.
Frank Clifton said that anything that requires a budget amendment comes to the Board.
The big issue is the timing of the meetings and the fact that some things need to be moved
forward more quickly.
Commissioner Hemminger made reference to recognitions and pointed out that the
County needs to remember to separate church and state.
Commissioner McKee said that, in looking over the list, it looks like the process in place
at this time is working.
Commissioner Jacobs said that, in the past, individuals usually are retirees of some
governmental entities, etc. He said that it seems that the County stopped recognizing
businesses. He suggested asking the reconstituted EDC to bring forth quarterly proposed
businesses for recognition.
Chair Pelissier said that she agreed she did not want to set criteria. Regarding
businesses, she separates businesses that do community-minded things versus winning
awards. She does not want it to seem as if the Board is endorsing certain businesses.
Frank Clifton said that he has seen it done elsewhere in local governments that when
long-term employees retire, they do something special such as a small recognition party.
Commissioner Jacobs said that there is an employee appreciation lunch each year and
retirees are invited. He liked this event and employees seemed to enjoy it too.
Frank Clifton said that in other areas, long-term retirees were recognized at a televised
meeting along with their family and this was a more formal recognition.
Chair Pelissier liked that id~a.
Commissioner Yuhasz said that he had suggested at an earlier meeting that they have
criteria for recognition, but when he looked at the lengthy list and the way they are currently
doing it now, it seems to work. He said that it would be helpful if the Board had more time to
look at a proposed recognition resolution. He said that when he was Vice-Chair, he was not
always comfortable trying to decide if a proposed resolution was worthy of adoption.
Chair Pelissier asked about recognizing retirees and all agreed.
Commissioner Foushee cautioned that not all retirees be recognized, but only those that
are long-term, such as 25 years or more, so that it is very special.
Commissioner Hemminge'r suggested making a list - no religious groups, recognize
retirees of 25 years or more, and look at potential businesses.
Commissioner Foushee said that there are some people that come to a meeting
expecting to hear a certain agenda item. She wants to be mindful of the timing of these
recognitions so that all items that are scheduled are heard.
Commissioner Gordon suggested that the people that are being recognized do not
necessarily have to have the chance to speak.
Commissioner Foushee said that she has full confidence that the agenda review team
can handle this.
3. Boards and Commissions- Review Annual Work Plans
Chair Pelissier said that the goal in doing this is to communicate back to the boards and
commissions the Boards' feedback. She said that she and the Clerk spent much time trying to
make these letters individual. She would like to highlight something in each letter to make them
more individuaL
Commissioner Jacobs said that he was surprised that there were no advisory board
chairs here. He said that he saw this item as a good opportunity to have an exchange not
filtered by staff with members of'the public who serve the County. He said that this is not good
enough for him and he hopes that it can be done differently in the future.
Chair Pelissier said that the advisory board chairs were not invited and there was no
discussion among the Board to have this be a meeting with interchange.
Commissioner Hemminger said that she would support Commissioner Jacobs' idea.
Commissioner Foushee said that, given the number of boards they have, she does not
see this being done all in one meeting. She is not against it, but it would probably have to be
done in two meetings.
Commissioner Jacobs said that he thinks it could be done in one night, if the structure is
refined.
Discussion ensued about the possibility of ineeting with all boards.
Commissioner McKee agreed with Commissioner Foushee that it would take at least
two meetings to meet with all boards.
Frank Clifton suggested scheduling each group to come one at a time to regular
meetings for a five-minute Q&A.
Chair Pelissier liked the suggestion from Frank Clifton.
Commissioner Gordon said that her concern is that, if the boards do not present their
reports early enough in the budget cycle, then their information cannot be used for budget
planning.
Commissioner Yuhasz agreed with Commissioner Gordon. He said that it would be
difficult to have a conversation in a regular meeting and work sessions are much more
conducive to discussion. He woitld prefer to have a work session with half of the boards here
each time in January. The groups could be arranged so that there is a common interest.
Chair Pelissier asked for the Board's preference on meeting with half of the boards one
year and then the other half the next year, and all agreed. All of the work plans will still be sent
in January, excluding the statutory"' boards and those that the County Commissioners meet with
regularly.
Discussion ensued abou~ the timing for these work sessions.
Chair Pelissier suggesteti picking the boards with the highest priority first.
Clerk to the Board Donna` Baker said that she could send out a suggested list of boards
with higher priority.
Commissioner Gordon suggested picking the boards on the basis of things that the
Board is working on instead of saying "higher priority boards."
1. ABC Board
Chair Pelissier said that the Board just heard their report on 1/24. She asked what kind
of support was needed for a warehouse construction.
Frank Clifton said that they are looking at Valley Forge. This is within Hillsborough's
Planning jurisdiction.
Chair Pelissier asked for any specific comments for the letter and Commissioner
Hemminger said to thank them for the work plan and that the County Commissioners are
excited about the move.
Commissioner McKee asked about the chair and if the County Commissioners have the
authority to appoint the chair.
John Roberts said that previously the Orange County ABC Board was governed by a
local act, but the state repealed all local acts that were in conflict with these terms. This is new.
The term of the current chair expires in March.
The Board agreed to add to the letter a statement about the chair's appointment to the
ABC Board by the Board of County Commissioners as well as having the board make
recommendations for the Chair.
Chair Pelissier suggested that the form that is filled out by boards about
accomplishments be specific to the last year only.
2. Adult Care Home Community Advisory Committee
Commissioner Jacobs made reference to the top of page 7 and the issue of mixing
chronically mentally ill with older'and frail populations came up in a federal complaint about
North Carolina's mental health system. He does not recall that there was any resolution. He
would like to get some examples and a response from this advisory board. He would like to put
this on the legislative agenda.
Chair Pelissier agreed. '
3. Affordable Housing Advisory Board (AHAB)
Commissioner Hemminger asked about the format of the reports. She suggested that
next year that the board/commission name be at the top as well as the year.
Commissioner Jacobs made reference to the bottom of page 10, #2 - Review Mobile
Home Park Standards. He asked what this meant.
Commissioner Foushee said that Orange County mobile home park standards are very
old and not enforceable. She said that this board was receiving complaints from residents
because these standards do not allow the Board of County Commissioners to enforce or
change these issues. '
John Roberts said that O`range County does have a minimum housing code but with
mobile homes, you can not restricf ~hem and if you only enforce some standards it may
interfere with Orange County's affordable housing standards.
Commissioner Jacobs s~id fhat he would like to know what the AHAB perceives as the
issues.
Commissioner Yuhasz suggested that any review involve mobile home park owners.
Chair Pelissier reiterated that the Board wants to ask the AHAB to identify the issues
related to the Mobile Home Park Standards and what they would like to explore, and that the
County Commissioners would like to review this before the AHAB proceeds.
Chair Pelissier made reference to page 10 and an on-ground Affordable Housing Bus
Tour for the board members. She would like to ask that the County Commissioners also be
invited to these kinds of tours that are informative.
4. Agricultural Preservation Board
Chair Pelissier made reference to page 13 and the mention of the accomplishments.
She would like to know what these are. Also, regarding the Emerging Issues, she thinks that
these should be added to the work plan.
Commissioner Jacobs made reference to page 16 and Legislation Pertaining to
Agriculture. He asked that this be more specific. He said that this should be brought to the
Board of County Commissioners and not the County Attorney.
The Board agreed that this board should bring more details about this legislation before
proceeding.
5. Animal Services Advisory Board (ASAB)
Commissioner Jacobs said that he got a phone call Saturday night from a citizen who
was concerned because she had a squirrel in her house. He asked about the procedure for
helping people with wild animals. He also would like to know if handicapped people were
treated any differently in these situations.
Chair Pelissier said that the issue here was cost and the citizen was upset because of
the cost.
Frank Clifton said that the County does not respond to wildlife calls. Pest control
handles these types of situations.
Commissioner McKee said that he is reluctant to get into the animal removal business.
Commissioner Foushee said that this should be brought up in a regular meeting
regarding the services of the ASAB.
Chair Pelissier said that she would like to recognize boards that are collaborative with
other boards or agencies. There are two areas where this is mentioned by the ASAB, and she
wants to recognize this.
Commissioner Foushee said that the communications in the ASAB is a high priority,
especially regarding the deer hunting with dogs issue. This board is very informative.
6. Arts Commission
Commissioner Foushee made reference to page 22 at the bottom and said that people
have made comments about how helpful the Arts Commission and Visitor's Bureau have been.
She suggested highlighting this.
7. Board of Adjustment (BOA)
Chair Pelissier said that the BOA members say that they want to review fees and the
permitted use table, but they do not say why or what. She is not sure that this is their role.
John Roberts said that this is not their role because the Board of Adjustment is not an
advisory board.
Chair Pelissier suggested deleting this board from this process.
Commissioner Jacobs said ~that he would like to know what the issues are regarding the
permitted use table.
8. Board of Health ~ "
Donna Baker said that tfie` County Commissioners will be meeting with the Board of
Health in April.
Chair Pelissier suggested putting in the letter that they look forward to discussion in
ApriL
9. Social Services Board
The same thing is true of this board. The County Commissioners will be meeting with
them in April and the letter will state such.
10. Visitor's Bureau
Commissioner Jacobs made reference to agri-tourism on page 37.
Chair Pelissier said that she would like to encourage the Visitor's Bureau to promote
economic development and be more progressive.
Commissioner Jacobs wants them to be more progressive regarding food trucks in
Hillsborough and Chapel Hill.
Frank Clifton said that there are issues with this group and both of the towns, who are
establishing their own tourism board. There are some structure issues with the bureau.
Chair Pelissier suggested putting this on a future agenda, considering the potential
changing role in light of the new Visitors Bureaus with the Towns.
Commissioner Foushee said to be careful because Carrboro has not indicated the
desire to create its own board. The language should not assume that this will be done.
Chair Pelissier suggested that the letter say that the County Commissioners would like
to have discussions with them sometime in the near future about the implications of the
legislation so that it does not imply any expectation.
Commissioner Yuhasz suggested that the emphasis be on the Visitor's Bureau
investigating what should be done in response to the legislation.
tax.
Frank Clifton said that the towns have to have a tourism board in order to levy a tourism
11. Commission for the Environment (CfE)
Chair Pelissier said that she would like to compliment them for wanting to collaborate
with the Planning Board (page 42). Also, she would like to compliment them for establishing an
Energy Resources Committee.
Commissioner Jacobs made reference to page 42 and the request for the County
Commissioners to impose a moratorium on DOT and spraying herbicides. He suggested
getting some clarity from the Attorney.
John Roberts said that the General Assembly addressed that in the billboard legislation
that was passed last year. It does allow for some herbicide use and it is unlikely that Orange
County could regulate this. He will get more information on this and provide it in writing to the
Board.
Chair Pelissier made reference to the memos included and if these were voted on as a
board. She said that in order to respond to the Commission for the Environment, there would
have to be a concrete proposal to the County Commissioners.
Commissioner Foushee said that this needs to be discussed at a regular meeting to see
if the County Commissioners can refer it to the Planning Board.
Chair Pelissier said that in principle it is a good idea, but the Planning Board has a full
agenda now. ` ~'
Commissioner Hemminger'suggested having the Manager have a conversation with the
staff first before responding to see what is going on.
The Board agreed.
Chair Pelissier made reference to page 42 and fully implementing the Water Resources
Initiative. She wants to know the implications to the Board of County Commissioners of
implementing this.
Commissioner Gordon suggested asking the Commission for the Environment about the
next steps. ~
Commissioner Yuhasz made reference to the Sustainability of Long-Term Solid Waste
Disposal options and said that the CfE should investigate further the environmental implications
of long-term solid waste disposal options.
Commissioner Gordon said that she does not want the CfE to get in too deep with the
same issues as the Solid Waste Advisory Board. She said that the two boards should
collaborate.
Chair Pelissier said that some of the members of the CfE might have some expertise
that the members of the SWAB may not have (i.e., air quality, etc.). She would love to have
this expertise weigh in.
Commissioner Gordon made reference to reducing Orange County's footprint and said
that she would encourage this.
12. Cooperative Extension
Commissioner Jacobs said that it does not seem that Cooperative Extension should be
on this list.
The Board agreed to take them off the list.
Commissioner Hemminger asked that these minutes come only electronically and not
hardcopy.
Commissioner Gordon suggested having more of a relationship with Cooperative
Extension.
13. Advisory Board on Aging
Commissioner Jacobs made reference to page 51 and said that it is a generic statement
about the concerns and emerging issues. He said that he would like to see more specificity on
ernerging issues.
Chair Pelissier said that she would like to commend them for their coordination with
DSS.
Commissioner Yuhasz said that there were some additional information on the "no
wrong door initiative" that the Advisory Board on Aging was working on.
14. Historic Preservation Commission
Commissioner Jacobs asked if all of the Rogers Road community is in the ETJ. It was
answered yes.
John Roberts said that this was a discussion recently. He said that technically, the only
thing that really applies in the ETJ is zoning. There is consensus that police powers from the
towns do not function or operate within the ETJ. The counties also do not tend to impose their
ordinances in the ETJ.
Commissioner Jacobs asked if the Orange County local landmark program could apply
in the ETJs.
John Roberts said that it ~ould, but if this is enforced in the ETJ, then all of the
ordinances could be enforced in the ETJ.
Commissioner Foushee cautioned that there could be an expectation of a positive
outcome. This is too sensitive right now.
Chair Pelissier made reference to page 55 and if the emerging issues were for staff.
She wants to know if the outreach program will require additional staff resources.
Commissioner Yuhasz silggested that all advisory boards be mindful of the additional
staff resources that may be required with some of these requests.
The Board agreed to put fhis statement in all of the letters.
15. Human Relations Commission
Commissioner Jacobs said that he would like to express appreciation for holding this
annual event. He also appreciates the resumption of the Pauli Murray awards.
16. Nursing Home Community Advisory Committee
John Roberts said that he would research whether or not there is an annual report
required.
17. Orange Unified Transportation Board (OUTBoard)
Chair Pelissier made reference to page 66, items 2 and 3, and seeking authorization
from the Board of County Commissioners. She asked that the Board respond to this. It is
pretty vague.
Commissioner Jacobs said that he would like to know more about the direction the
OUTBoard is going. '
Chair Pelissier verified that the Board will ask for the general gist of what the OUTBoard
wants reviewed and why and also encourage the OUTBoard to create recommendations to the
Planning Board.
Chair Pelissier made reference to pages 66-67 and "better integration of transportation
planning." She is not sure what this means.
Commissioner Gordon said that she would like to know more about the coordination to
try and get the rural and metropolitan areas together. She wants to endorse the concept,
because integration is needed, but she is curious if there is anything more than a general
statement.
18. Planning Board
Chair Pelissier said that the Board has met recently with the Planning Board and this
information reflects what they discussed and the County Commissioners appreciate their work.
Commissioner Jacobs said that there is nothing in here about continued joint planning
efforts with Hillsborough or Mebane. He wants to know the status of these joint planning
efforts.
Commissioner Gordon said that she would like to know more about updating the UDO.
Commissioner Yuhasz said that the County Commissioners are aware these are on-
going issues and they need to be addressed and the updates to the UDO for economic
development are the priorities. He said that joint planning efforts are important, but the priority
for the Planning Board is economic development. He does not want to give a mixed message.
Commissioner Jacobs said that he would like to at least know the plan for these issues
and keep them on the radar.
Commissioner McKee said that he wants to send a clear message that economic
development is the priority. '
Frank Clifton said that there are discussions with Mebane at the staff level about the
utility agreement that includes the issue of land use discussions, etc.
Commissioner Gordon said that the Planning Board should be able to focus on things
that are timely. ""`''
19. Parks and Recreafion Commission
Commissioner Hemming~'r' asked when the Board was going to see the master plan.
This was discussed over a year ago.
Commissioner Gordon said that when they talk about their emerging issues, she would
like for them to identify 2-3 top priorities.
20. Solid Waste Advisory Board
Commissioner Yuhasz said that at the meeting recently they talked about
emerging/alternative technology for handling solid waste. He thinks that the SWAB should
investigate this more. Also, he asked if the Board wants the SWAB to spend time investigating
on Mayor Chilton's suggestion for a transfer station site.
Chair Pelissier said that the Board needs to discuss this first.
Commissioner Jacobs m2de reference to the last sentence on the last page where it
says that there are two Board of'County Commissioner appointee empty slots. He asked about
this. '
Commissioner Yuhasz said that he had a discussion with the SWAB Chair and this
board would be more effective if `there were elected officials appointed to it.
Chair Pelissier suggested putting this in a category for discussion at a regular meeting.
She suggested putting this in the letter, along with a thank-you for the revised interlocal
agreement.
4. Oranqe Countv Boards and Commissions: Discussion of Applications
Chair Pelissier said that no one is really happy with the application for the advisory
boards. The goal is to come up with a generic application for advisory boards. There could be
more specific applications for OWASA, ABC, Board of Adjustment, and Planning Board. She
pointed out the attachments, which were examples of applications used by other municipalities.
Commissioner Gordon said that the main thing that is missing is why the applicant wants
to be on a particular board or commission and their experience.
All agreed by consensus to include this question on the application.
Chair Pelissier suggested using the following language: "Explain how your background,
education, and and/or work experience is relevant to the advisory board."
Commissioner Jacobs suggested including volunteer experience to the work experience.
Also, he would suggest including most recent work experience as opposed to all work
experience. He also suggested taking off the education component.
Commissioner Gordon said that she would like to keep the education component.
Commissioner Foushee said that this question could discriminate because it appears to
be a criterion.
Commissioner Yuhasz suggested having IT pre-populate areas that have the
name/address, but he would like to see a separate application for each board with a separate
statement of qualifications for each board.
Commissioner Jacobs asked if there really needed to be a 3-hour orientation for the
boards/commissions. Donna Baker said that each board is different.
Commissioner Jacobs suggested saying "an orientation" instead of listing a time. He
also suggested adding a listing of the boards and commissions to the hardcopy version of the
application so that applicants can see the full list.
Commissioner Gordon asked why education would be eliminated from the application.
Chair Pelissier said that there are different opinions about having education on the
application. -~
Frank Clifton said that he did not think that date of birth was appropriate to have on the
application.
John Roberts said that he would look at this and what is required to be disclosed for
certain boards and commissions:' ` ``
John Roberts said that there was a discussion about including whether or not applicants
were registered to vote and the consensus was to use "domicile" instead of "registered to vote."
Commissioner Yuhasz made reference to page 21 and the specific categories for the
Board of Equalization and Review. He said that there is not a formal requirement for Orange
County and he would like to add this. This can be discussed later.
Commissioner Hemminger'made reference to education and said that she has had two
citizens tell her that they did not apply to a board or commission because they did not have a
college education. The citizens thought that because it was on the application that it was a
requirement. '
Chair Pelissier said that if is also important to know what other community organizations
or boards the citizens are involved in. The Board agreed.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to adjourn the meeting at 10:24 p.m.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC " `
Clerk to the Board ~