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HomeMy WebLinkAboutMinutes - 20050831APPROVED 11115!2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON THE STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS AUGUST 31, 2005 7:30 pm The Orange County Board of Commissioners held a Public Hearing on the Structure of the Board of County Commissioners on Monday, August 31, 20Q5 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Barry Jacobs, Valerie Foushee, Alice M. Gordan, and Stephen H. Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoff Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE 1. Call to Order Chair Carey asked everyone to take a moment of silence andtor prayer for the victims of Hurricane Katrina. Chair Carey asked John Link to tell them what Orange County can do in light of what he has heard from the Emergency Management people in the State of North Carolina. John Link said that they have not had a chance to assess what the needs are from other counties and/ar states. The Federal Emergency Management Agency and the State Emergency Management Office will let them know about their needs in terms of personnel and equipment when they receive ward from these states. He said that Orange County's Emergency Management staff may be asked to assist with the transport of injured individuals from RDU Airport to Wake Medical Center or other hospitals in the area. He said that residents can assist by giving money to the Red Cross ar a similar agency that is providing direct relief and also by conserving energy. He said that he was notified that the pipelines that transport gasoline and natural gas to North Carolina are not in use right now. 2. Opening Comments by Board Members Commissioner Gordan thanked all attendees for coming tonight and she asked that when they speak that they say which township they are from. Chair Carey said the three options that he drafted far Board consideration were created sa that they could try and focus comments at this public hearing. He said that these options are trying to accomplish what the public and special interest groups want and to focus the Board on the concept and the model. He did not include lines and numbers so as not to divert the focus of the model. If the Board of County Commissioners' adopts one of these options, he said that then they can fill in the lines and numbers to make sure that either one of these options passes constitutional requirements of one person, one vote. 3. Staff Update Presentation County Attorney Geof Gledhill said this is the second public hearing on the idea of district elections and there are materials in the agenda packets that were prepared by county staff. The staff's report reviews the options which are available under the general law, those options being used by counties across North Carolina, the history of this issue in Orange County, and a limited amount of statistical information concerning Orange County relevant to the question of one person, one vote. The Board posed questions to the staff at the conclusion of the May 5t" staff presentation and those questions have been answered and are in the materials provided. All of the staff's report from the May fit" meeting and the entirety of further questions and answers that resulted from the May 5t" meeting presentation are also available in the Clerk's office and on the County's website. Geof Gledhill said there are materials including the three options available in the back of the room. 4. Public Comments Bob Strayhorn said that he lives in Chapel Hill Township and farms in other townships. He is the person that brought the petition to the Board of Commissioners in order to try and make Orange County a better place to live. He said that rural Orange County has changed over the years particularly in the area of being included in the political process. He said that they do not have homeowner associations or other organizations that would allow them to get the word out or get people involved it getting things they are particularly interested in stopped or promoted. They do this more through civic clubs and churches and have not been able to adapt to the times they find themselves in. He said that the they need to include rural people in the political process. Orange County has been a great place to him. He does not know which proposal is the best but the process needs to be changed to include rural people. This has been going on a long time and it is not a short process. They do not want a process where arguing is going on. They need a process where they can really talk about the things that need to be done. He took time to go to all rural organizations (The Grange, The Ruritan Club, the Exchange Club of Hillsborough, etc.) to see how they felt about haw to make Orange County a better place to live and he got unanimous support. I.J, Mangum seconded what Bob Strayhorn said. Kent Magnum declined to speak. Billy Shepherd declined to speak AI Mustian said he agreed with Bob Strayhorn. Connie Lloyd said that she represents northern Orange County and lives in Hillsborough Township and she would like to see northern Orange County represented. And if she had to she would chose option 1. She has lived here all her life and feels they have no representation on this side of the Eno. She wishes they would consider this. Kathy Hartkopf lives in Hillsborough and she and her husband chose to move their family to northern Orange County. The day that they closed on their home in Hillsborough she met a man that told her about what a great place this is to live in if only they had a voice on the Board of County Commissioners. She thanked Chair Carey for proposing these options and if asked to choose one of the three options, she likes option 1. However, she said that none of the options would give the people of Orange County what they have wanted for more than ten years. The reason is because they would be allowed in all three proposals to only vote in the primary in their district. Everyone who is in the County would be able to vote in the general election. She would respectfully ask to Board to re-consider this option. As to the Board of County Commissioners' concern about diluting the African-American vote and making it more difficult for African- Americans to be elected to the Orange County Board she said their concern is heard. However, as all of them know the northern Orange Black Voter's Alliance openly supported Representative Faisan's plan. Also, she expressed her concern about being asked to talk about proposals that do not include district lines. She requested another series of public hearings be held after lines are drawn. David Lewis is from Chapel Hill Township and has lived there for 30 years and now he and his wife are building on Arthur Minnis Road, which is still in the same voting precinct. Both he and his wife would like to see some change in voting methods with more representation from individuals who have similar backgrounds to theirs. Dolly Hunter lives in Bingham Township and she has worked on The Rural Character Study Committee, The Agricultural Preservation Board, and has followed closely all the different zoning changes and subdivision regulations. She has stayed pretty familiar with the changes during the last 24 years. The rural residents are asking for district eating not to take any power away from Chapel Hill or the southern part of the County but to have someone sitting at the table representing the northern residents' concerns. It is the rural people who made this County what it is and they deserve a voice in what happens to it. All of the decisions that the Board of County Commissioners makes affect all equally except land use. The current elections system allows the County Commissioners to make decisions about land use without needing to be responsive to the rural residents that own the land. She asked that in designing the options that the decisions be made by a committee with rural representation. Pearson Stewart lives in Chapel Hill Township and he supports the principle of district representation. He acknowledges and concurs with the desirability of one person, one vote and also agrees with the desirability of as much local Commissioner contact with the community as is possible. Both of these are desirable, but putting them together in Orange County is very difficult. The best way of putting these two principles together is to enlarge the Board of Commissioners by about 15 to 25 people. That would do the job and would also cause all sorts of other problems. He supports the enlargement of the board to 7 members and the idea that both rural and urban people are capable people and are capable of considering the needs of Orange County as a whole. Concerning the question about whether at-large representation is necessary he submits that good district representation is sufficient and without at-large representation will give you that much more flexibility in coming up with a good solution. Artie Franklin lives in Chapel Hill Township and seven days ago he discussed proportional representation as a comprehensive and long term solution in contrast to the three options offered. At that public hearing County Attorney Geof Gledhill advised that implementing proportional representation would require legislative approval. The requirement of legislative approval transforms proportional representation into a solution of tomorrow. Under-representation in Orange County is a problem of today and solutions offered today are three options that share district resident primaries combined with at-large general elections. Of the three, he prefers Option #2 which provides 5 district resident commissioners and 2 county resident commissioners. While all three options provide relief to the under-represented who live in the rural districts, the problem of under-representation is not limited to those who live in the rural county. Option #2 provides representation to members of the communities who live close together as in districts as well as to the members of communities who live apart. Options 1 and 3 potentially deny both like-minded individuals who live in different districts and those with a countywide perspective to elect commissioners responsible for representing their view. Along with improving representation an future boards, he urges the Commissioners to review the many precincts that currently divide the UNC campus and to advocate for a consent of citizens clause or a comparable amendment to the current annexation law. If these are general assembly issues, please add them to Orange County's legislative agenda. If the Board of County Commissioners can da something directly here locally to fix those problems as in the case of rural Orange County's under representation, then please take action. Louise Tate is a 54-year resident of Cedar Grove Township. Her son is the 5t" generation to farm the land that they live on. She is a member of the Agricultural Preservation Board and was a member of Shaping the Future of Orange County Task Force. District representation is the right thing for the county and she knows that each of the Board members has the interest of the County as a top priority. Each township or group of townships should have a seat an the Board of County Commissioners and they should have a voice in county government. District representation would encourage the citizens of Orange County to come out and vote in the commissioner race. So many of the people in northern Orange County do not vote because they feel their vote will not count. As a member of the Shaping the Future of Orange County Task Force, district representation was one of the most discussed issues. She feels sure that members of the Board of Commissioners will lay aside their personal interest and put the interest of the county first in dealing with this matter. Ted Triebel lives in Little River Township and would like to make some observations on the methods and types of district voting and perhaps ask for some clarification on the process in population requirements for proposed districts. Currently they elect their commissioners at large. Another election method is called residency or residential districts and currently 24 N.C. counties use this method. This is where the candidates must reside in his or her districts but ALL voters in the county vote for the seat. There is also a single member district voting and this is one way where the candidates must reside in his/her district and ONLY the voters of that district can vote for the seat. This is one way that populations of a district can be assured of electing a candidate of their choice. Chair Corey's election options are referred to as blended options and they are similar to a single member district in the primary and at large arrangement in the general election. He said that the population of voting districts according to N.C. General Statute 153A-22 must be as nearly equal as practicable. This means that Option 3 would not be viable. The point being that to have five voting districts as proposed in Options 1 and 2 with nearly equal populations, the Chapel Hill Township, with 67°~ of the population, would have to comprise three {3) of the (five) 5 voting districts. The other two districts with 33°~ of the county population would be designed to have about 17°1o each. If these observations are correct, there might be little or no change to election trends. The only way to insure a voice on the board from any particular district is to consider asingle-member district option, along with other options, on any proposed voter referendum. Joe Phelps lives in Hillsborough Township and he supports some form of district representation and he feels the 7-member board would be the best consideration. He is the Mayor of Hillsborough and their Town Board is elected by non- partisan and they have an array of interests. He would suggest that the Board of County Commissioners could be elected as anon-partisan race and that would cut down on some of the arguments between the parties. He also thinks it would save the county some money as you would not need to have but one election. Representative Bill Faison is Orange County's legislative representative from House District 50 and he thanked Chair Carey for the proposals he brought forward. He thinks that the plan for having the candidates run in districts in the primary and then voting at-large after that really does serve the purpose that the people in the community are trying to have served. Of the plans put forth, he likes the third one. He agrees that the third one does not meet the constitutional mandate because of the math presented by Mr. Triebel. If the third one was modified to put all the townships but Chapel Hill into one large district, give that district two representatives and give 4 representatives to the Chapel Hill Township, the math would work and the same goal would be reached. An alternative approach would be to add a fourth item which would be to expand the commissioners from 5 to 7 members and use the Chapel Hill Township as one district with four members and the rest of the county would have 2 members and then one at large member. It is impossible to assess the plans without knowing where the lines are going to be since you can't really know whether the more rural part of the county would ever have a voice in this process. He commended Chair Carey far having taken it this far and for having put forth the ideas conceptually but he feels he is evaluating them in a vacuum. When the Board reaches the next stage, they would like to came back and speak on the subject once lines are drawn. Representative Faison also said that Commissioner Halkiotis said that he would like to have legislation making it possible for the county to donate property to other governmental bodies and he has introduced legislation to do that. The legislation passed the House and has gone to the Senate. The Senate decided not to take up any house bills while they were working on the budget so it did not come out of the Senate in the long session. It is sitting in the Senate now and hopefully it will come out in the short session. He commended Commissioner Halkiotis for what he has done and he thought it was a great idea. Max Kennedy said he has lived in Orange County all his life. He supports the idea of district representation and if they are allowed to nominate from a district they should be able to vote from a district. He respectfully requests that the Board move forward with this after presenting them with district lines to review. Charles Habgaad -not here. Ann Joyner has lived in Cedar Grove and Cheeks Township for over 28 years. She is president of Cedar Grove Institute for Sustainable Communities, which works in the area of civil rights including voting rights. Obviously this is not a racial issue. It is an issue of one part of the county lacking a voice. It is also an issue of at- large voting. She cited some of the faults of the at-large system. She referred to Raeford, N. C. where 53% of the town is white and every one of the Town Council members is white. No one would say that thane council members represent the black voters in that town ar that they adequately represent the 47°l° of voters who are black. When voting rights are challenged legally the solution is almost always district voting or some combination of at-large and district voting. She asked the board to give the county that option and to increase the board to at least 7 members and to have district representation at the general elections as well as in the primary. Carolyn Christman has lived in Chapel Hill for 30 years and most recently in Cheeks township and she would like to see the board increased to 7 members and to follow with district and at-large system. She likeed Option 2 because she likes the combination and the idea for including the voting in the primary and the general election. The current system gives them a board that is driven by the majority of voters who live in Chapel Hill, but she believes this narrows the focus of our county government in terms of limiting the issues that are discussed, the way problems are conceived, and the types of solutions that are developed. With more diversity on the board it would be easier to reach outside the box and came up with more creative solutions far a better future. She also believes it would be fairer especially on issues of land use. Having lived in Chapel Hill and now living in the county she sees a completely different perspective she had then versus what she has now. These issues cannot be decided by solely a role perspective. She hopes they will go beyond the existing system. She asked why does first election need to be in 2008 and Chair Carey said that this was only his proposal and he proposed it because it would have to be submitted to an election in 2006 and then the next board election would be 2008. Keith Cook said he is in favor of district representation, aseven-member board, and single member districts. The last time he dealt with this issue he did not agree with this but now he agrees with this. The members of his community feel that they are not represented. He would advocate adding another option to allow some type of voting from single member districts. Richard Roberts from Little River Township said he thinks we need a plan and he thinks we need 7 seats on the board and he likes the idea of each district picking their own candidate. He would like to see the plan before the vote on this issue. 5. Closing Comments by Board Members Commissioner Gordon said that they need to look at the options they are considering to make sure they are viable. Geof Gledhill said that this is not possible and numbers have to be developed. He said that in option 3 if it is divided along township lines it would exceed the standard deviation permitted by one person, one vote. But beyond that it is impossible to do any more of the concepts until the numbers start developing. Chair Carey said that he presented option 3 as an example and he did not mean for the lines to run exactly along the township lines. The lines will need to be moved around to make sure they meet the constitutional criteria and that means the lines would not be consistently the township lines but the same concept and format can apply. When and if the Board decides it wants to pursue one ar more of those options more extensively the lines can be drawn in and the numbers put in. Commissioner Foushee said that as a Board and staff they need to define the next step of this process before they can either move forward with drawing lines or number crunching. Chair Carey said that he has some ideas and others should share their ideas. Chair Carey said that he would like to see them take action on this issue and to adapt one of these options before the end of the year. If this Board wishes to do that he thinks they can either consider the numbers at that time or draw the lines to put the numbers in after they adapt the model. They will make sure any option will be constitutionally correct of one person, one vote and they have the capacity to do this. Commissioner Halkiotis said that it would be prudent to begin thinking of county resources and to have the Chair, Vice-Chair and Manager put ideas together to bring back for discussion and to perhaps have a meeting within the next 30 days on how to put a group together to look at defining the models to meet the requirements in passing the constitutional requirements. Chair Carey said that he thinks that they do not need another study group but just to work with county staff. Commissioner Gordon confirmed if any Commissioner has suggestions on this issue that should they submit them to Chair Carey, Commissioner Jacobs or the County Manager. The meeting adjourned at 8:25 p.m. Moses Carey, Jr. Chair Donna S. Baker, CMC Clerk to the Board