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HomeMy WebLinkAboutMinutes 05-01-2012 APPROVED 9/6/2012 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING MAY 1, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May1, 2012 at 7:00 p.m. at the DSS offices, Hillsborough, 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) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Chanqes to the Aqenda Chair Pelissier went through the items at the County Commissioners' places. - Copy of the Partnership to End Homelessness Annual Report - Blue sheet— correction to item 5-d — Consolidated Housing Plan Annual Action Plan/HOME Program - Blue sheet— PowerPoint for item 7-a — Master Aging Plan - Yellow— additional information on item 7-b — Health Insurance Benefits for ABC Board Chair Pelissier said that staff will be trying to put up motions on the screen during this meeting. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda Donald O'Leary said that the role of the County Commissioners is to carry out the will of those that elected them and to follow the laws. He said that they should not act as self- proclaimed dictators who think it is ok to violate Article 1, Section 10 of the United States Constitution, funding for the funding of an alliance with a communist socialist international organization such as ICLEI. He said that the County Commissioners' role was not to squander and divert the tax dollars to the ICLEI program. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members Chair Pelissier said that there has been a Chapel Hill 2020 Comprehensive Plan process and she said that there has been discussion about issues that may not be familiar to the Board of County Commissioners and she would like to ask someone from Chapel Hill to make a presentation to the Board before the summer break. Commissioner Yuhasz arrived at 7:08 PM. 4. Proclamations/ Resolutions/Special Presentations a. Older Americans Month Proclamation The Board considered approving a proclamation joining Federal and State governments in designating the month of May as Older Americans Month and authorizing the Chair to sign. Department on Aging Director Janice Tyler read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS Proclamation Older Americans Month — May 2012 WHEREAS, Orange County is a community that includes over 20,000 residents aged 60 and older and this population is the fastest growing segment of Orange County's population; and WHEREAS, Orange County is committed to helping all individuals maintain their health and independence in later life; and WHEREAS, the older adults in Orange County have an important role in sharing knowledge, wisdom, and understanding of the history of our community through interactions with children, youth, and adults from other generations; and WHEREAS, the fruits of knowledge and experience can be effectively transferred from generation to generation through meaningful social interactions; and WHEREAS, their interactions with family, friends, and neighbors across generations enrich the lives of everyone involved; and WHEREAS, our community can provide opportunities to enrich residents young and old by: • Emphasizing the value of including elders in public and family life; • Creating opportunities for older Americans to interact with people of different generations; and • Providing services, technologies, and support systems that allow older adults to participate in social activities in the community; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim May 2012 to be Older Americans Month and urge all residents to take time this month to engage with our older residents through enjoyable social interactions such as sports, games, contests, and other forms of play. This the 1 St day of May, 2012. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve a proclamation joining Federal and State governments in designating the month of May as Older Americans Month and authorize the Chair to sign. VOTE: UNANIMOUS b. Partnership to End Homelessness —Annual Report The Board received the 2011 Annual Report of the Partnership to End Homelessness. Jamie Rohe, Homeless Program Coordinator for Orange County, said that this group grew in 2011 substantially in the number of individuals and agencies involved. This program is organized into housing, services, and employment/other income. She made reference to an initiative from last year, the 100,000 Homes Campaign. This campaign aims to create 100,000 homes for people that are chronically homeless and most likely to die on the streets. The campaign began in 2010 and goes through the end of 2013. Orange County joined the initiative last year along with Wake County and the United Way of the Greater Triangle. The groups mapped locations where they would find those who are chronologically homeless and who need medical care and then went out in teams to these mapped locations and counted and surveyed these homeless people. There is now a task force that is trying to find homes and medical care for these homeless people. Another initiative is under the Community Partnership and is Support Circles. These are teams of 8-10 people, often from faith-based groups, who become a support network for homeless people that are transitioning to independent living. Support Circle work with the individuals for one year and provide a little bit of financial support, but more emotional and life skills support. Chair Pelissier said that she serves on this board and Ms. Rohe is able to leverage much support and coordination and to get grant money for the homeless. She said there are many volunteers that are involved in this program. 5. Consent Aqenda • Removal of Any Items from Consent Agenda - 5-a, Minutes - 5-e, Legal Advertisement for Quarterly Public Hearing-May 29, 2012 • Approval of Remaining Consent Agenda A motion was made by Commissioner Hemminger seconded by Commissioner Yuhasz to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes This item was removed for separate consideration at the end of the consent agenda. b. Motor Vehicle Property Tax Release/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to four (4) requests for motor vehicle property tax releases or refunds in accordance with NCGS. c. Property Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to forty-one (41) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. d. Consolidated Housinq Plan Annual Action Plan/HOME Proqram The Board adopted a Resolution, which is incorporated by reference, approving the FY 2012-2013 Consolidated Housing Plan Annual Action Plan; adopted a Resolution, which is incorporated by reference, approving the proposed HOME Program Activities for 2012- 2013; and authorized the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. e. Leqal Advertisement for Quarterly Public Hearinq — May 29, 2012 This item was removed for separate consideration at the end of the consent agenda. f. North Carolina Tomorrow Grant Award and Approval of Budqet Amendment#8-a The Board accepted the $50,000 NC Tomorrow Grant Award from the Community Investment & Assistance, Community Development Block Grant Program through the NC Department of Commerce and approved Budget Amendment#8-a and authorized the Chair to sign. • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board considered correcting and/or approving the minutes from February 7, 21, 23 and March 15, 2012 as submitted by the Clerk to the Board. Commissioner Jacobs said that there were some formatting issues in the February 7tn draft minutes that made reading them very difficult (no indentations/spacing needed in paragraphing). And the Clerk to the Board said she would correct the formatting. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the minutes with the formatting changes. VOTE: UNANIMOUS e. Leqal Advertisement for Quarterly Public Hearinq — May 29, 2012 The Board considered the legal advertisement for items to be presented at the joint Board of county Commissioners/Planning Board Quarterly Public Hearing scheduled for May 29, 2012. Commissioner Gordon made reference to page 5 of the legal ad, #5, and said that it is not a good idea to have amendments to both the Comprehensive Plan and the Zoning Ordinance at the same hearing. The Comprehensive Plan is a planning document and amendments should be considered separately from zoning changes. She said that she would vote against this to make her point clear. Commissioner Jacobs said that he agreed with Commissioner Gordon's point but will vote for it. Commissioner Yuhasz said that in some instances they may want to hold a hearing separately, but this needs to move forward. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve the legal advertisement for items to be presented at the joint Board of county Commissioners/Planning Board Quarterly Public Hearing scheduled for May 29, 2012. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) 6. Public Hearinqs a. Review of Proposed UDO Text Amendment(s) — Telecommunications The Board considered the Planning Board recommendation, closed the public hearing, and considered making a decision on a Planning Director-initiated Unified Development Ordinance text amendment relating to the permitting of telecommunication facilities. Michael Harvey said that this is a continuation of a public hearing. The proposed amendments include: 1. Increasing the height of a tower that can be reviewed by the Board of Adjustment of less than 200'. 2. Increasing clarity and removing redundancies in UDO text. The Planning Board recommended unanimously that this item be approved. There was a request from a citizen that the notification for balloon tests be increased from 1,000 to 2,000 feet. The staff believes that 1,000 feet is sufficient, but will ask the County Commissioners for feedback. Michael Harvey said that there are also signs posted on the property to notify about the balloon test. PUBLIC COMMENT: Jeremy Browner said that he is in support of this text amendment. He would like to bring high-speed internet to rural Orange County. He said that he saw some potential conflicts for the future. He made reference to 5.10.6, Administrative Approval of Certain Telecommunication Facilities, and said that this is not up for discussion tonight so it will not be changed. This was on page 15. He said that this says that if someone wanted to put an antenna on County property, the County would require that Emergency Services would have to have access to the antenna. He said that this would take away a much needed source of revenue from a new company that could come in on the antenna. He also made reference to page 26, `d', and read, "all towers shall be engineered to allow for co-locations. No co-locator shall be refused access for co-location by charging exorbitant lease fees. Public safety provider co-locations shall take priority over other co-locators." He said that he was told by people in the tower industry that to locate equipment for high-speed internet is substantially less expensive than to build one for a co-location. This is also a deterrent to high-speed internet in the County. He also pointed out item `k' on the same page, which requires that all towers be placed in heavily wooded areas. This seems to deter the usage of topography for the best use. He supports this amendment. Commissioner Yuhasz asked Mr. Browner to email his concerns to the Board of County Commissioners and copy the Clerk on his emails. Commissioner Gordon made reference to pages 15-16 and Administrative Approval of Certain Telecommunication Facilities. She is concerned about#3 and changing the height from 150 feet to 200 feet. She said that this is not a minimal impact though it is stated that it should have minimal impact. She is also concerned about the County requiring standards for itself that are different from the standards required for private enterprise or the general public. A motion was made by Commissioner Hemminger to close the public hearing. Commissioner McKee said that the Emergency Services work group is studying the issue of coverage of emergency services radios. Commissioner Foushee said that she wanted this comment made before the public hearing was closed. Commissioner Jacobs asked John Roberts if the motion to close the public hearing was premature. John Roberts said that usually when you have public hearings it is just to receive additional written comments and Planning Board recommendations and others to speak if needed. If the County Commissioners want to discuss it, the public hearing can be closed beforehand. A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS Commissioner McKee said that the added height will make the towers more visible, but he is also convinced that increasing the tower height will give more coverage for the emergency services situation. There are dead spots and no high-speed internet, and the extra height is needed. Commissioner Jacobs said that Commissioner Gordon's concerns reflect the concerns raised previously by the Board of Commissioners with the County adhering to different standards than the standards for those in private enterprise. He asked Michael Harvey if he perceived these standards as different. Michael Harvey said that he does not see them as dramatically different. He said that it is a matter of Board policy that if a tower is erected on County property, it has to adhere to the same notification and submittal required of all private contractors. The County also cannot submit a Special Use Permit to itself. Commissioner Jacobs said that he shared Commissioner Gordon's concerns, but he thinks the staff has done a good job of covering the concerns. Commissioner Gordon said that she still has concerns about the additional height. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to 1. Receive the Planning Board recommendation of approval; 2. Close the public hearing; and 3. Adopt the Ordinance of Approval for the UDO text amendments contained within Attachment 2, An Ordinance Amending the UDO of Orange County. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) b. Text Amendment to the Unified Development Ordinance: Rural Economic Development (UDO/Zoninq-2012-06) (Little River Township) — Continuation of Public Hearinq to June 5, 2012 The Board continued a public hearing on proposed Unified Development Ordinance text amendment concerning the creation of the NC Highway 57 Speedway Area Rural Economic Development Area Conditional Zoning (REDA-CZ-1) District to the Board of Commissioners' June 5, 2012 regular meeting. Michael Harvey said that staff was slated to bring this back tonight for approval. However, there has been insufficient time to obtain the necessary approved meeting minutes, address and incorporate recommended changes, and complete the required abstract package for this meeting. The staff is asking that the Board call the public hearing to order and then adjourn it to the June 5th regular meeting to receive the Planning Board recommendation. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to open the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to adjourn the hearing to the Board's June 5, 2012 regular meeting to receive the Planning Board recommendation. VOTE: UNANIMOUS 7. Reqular Aqenda a. Presentation of the 2012-17 Oranqe County Master Aqinq Plan The Board received and reviewed, as information, the 2012-17 Orange County Master Aging Plan. Janice Tyler introduced several people that have participated on this plan. They had over 140 volunteers and Chair Pelissier served on the MAP planning. Orange County 2012-2017 Master Aging Plan Board of County Commissioners Meeting CAPSSTONE students: Phoebe Goldberg Laura Major Marcia Perritt Hannah Prentice-Dunn Rebecca Woodruff Phoebe Goldberg made the presentation. She said that they are all Master of Public Health students and have been working with the Department on Aging for the past year on this plan. May 1, 2012 � Aging in Orange County Age wave is happening at national, state, local level. In Orange County, there are the same number of adults age 55 and older as there are adolescents under the age of 18. We can only expect this population to grow. Aging issue impact multiple generations. � Objectives for Developing MAP � Citizen engagement � A plan for the whole county � Sustainability � Accountability � Citizen Engagement � Focus groups � Community forum � Work groups Housing Navigation and Transportation Health and Wellness Community Engagement Aging in Place � Integrated Countywide Plan � Work groups � Steering Committee Shared responsibility with MAP implementation and monitoring Assisted with work group member recruitment � Increased buy-in and commitment of agencies across the county � MAP Agencies Responsible � Sustainability & Accountability � Economic context requires creativity � Built-in indicators of success � MAP Evaluation Committee � Living document Janice Tyler said that later this summer the Department on Aging will bring back the implementation plan and will have two interns this summer from the School of Public Health through private funding. She said that this is definitely a living document. Orange County has been selected to receive another CAPSTONE team for next year. This team will be working on the communications and outreach plan. Advisory Board on Aging Chair Heather Altman thanked the County Commissioners and the Manager's Office for their support, and the students for their work. Commissioner Jacobs said that when the services were consolidated at the Central Orange Senior Center, the Board was assured that the people from the Efland Community Center would participate and feel welcome, and this has not happened according to some of the people from that community. The bus ridership from there to the senior center has decreased significantly. There are some concerns about access to the community center. He is concerned that the County is not following through on this commitment. He wants to make this a goal. Commissioner Foushee said that there is a similar situation at Northside and the Seymour Center. She made reference to page 13 and poverty and said that it is hard for her to see a goal that would pool together how to identify the people that are affected that way and whether they have access to services. She said that there should be a goal somewhere that addresses elders who live in poverty. Janice Tyler made reference to Commissioner Jacobs' comments and said that she thought that everyone had been integrated. The problem with the outlying areas is the bus routes. The routes are so long and it is difficult for older people to ride the bus for such a long time. She said that she would be happy to speak with Commissioner Jacobs more about this issue. Commissioner Jacobs said that he would forward the email when he received it from the citizen who said that he would email his concerns. Commissioner Yuhasz said that the access issue is the same concern that was heard in the Health Department assessment of access to services. Commissioner Jacobs asked the Manager to look into issues beyond Janice Tyler's purview and to look into access issues. He made reference to the issue of transportation and said the Board of County Commissioners has been pushing for park and ride lots that will serve the rural parts of Orange County as part of their transit discussions. b. Health Insurance Benefits for Employees of the Oranqe County Alcoholic Beveraqe Control Board The Board considered approving the addition of a subgroup, Orange County Alcoholic Beverage Control (ABC) Board Employees and Retirees, to the Orange County health insurance plan with United Healthcare. Interim Human Resources Director Sharon Laisure introduced this item. Over the last ten years, the ABC Board has requested participation in the health plan, and for various reasons it has not come to fruition. However, in February 2012, the Human Resources Department received a verbal request to research the possibility of adding 30 ABC employees and six retirees (all under age 65) to the County's health plan effective July 1, 2012. United Healthcare has confirmed that adding these 36 individuals and dependents would have no impact on the County's current premiums. The Manager recommends approval of this request. The County Attorney will develop a two-year Memorandum of Understanding, which would require the subgroup to pay for its own claims when the County's health coverage funding changes from fully-insured to self-insured. Frank Clifton said that the County also provides coverage for Community Home Trust and will assume coverage for retirees of inental health. Commissioner Gordon said that she has asked the Manager some questions about this and one of them was that the County has not yet decided whether to change to self-insured. Her concern has to do with making a decision on this when the County Commissioners have not made decisions about the health insurance details of its own employees. She would like to make these decisions before adding these employees. Commissioner McKee said that if the County went to self-insured, it would be over a long period of time and not a quick process. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to approve the ABC Board's request to be added to the County's health insurance plan as a subgroup effective July 1, 2012. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to direct the County Attorney to develop a two-year Memorandum of Understanding (MOU) between the two parties to be signed by the appropriate representatives of the ABC Board and the County. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Hemminger that the MOU should require the subgroup to pay for its own claims IF the County's health coverage funding changes from fully-insured to self-insured; and that the County reserves the right, with one-year notification to the ABC Board, to terminate the option if analysis provides evidence that the subgroup's medical experience adversely impacts the County' overall cost of coverage; and should approval be granted, the ABC Board reserves the right to consider another option if during the interim period, the ABC Board identifies another option that is a better fit for its employees. VOTE: UNANMOUS 8. Reports-NONE 9. County Manaqer's Report Frank Clifton reminded everyone that the next work session will be at the West Campus Office Building. The agenda has transit for the first hour and then the webinar on automated agendas. He said that there has been a lot of discussion on the Alamance/Orange County line and now there is some dispute with the Durham/Orange County line. This has been initiated by the Board of Elections in Durham when they notified some people that they were not eligible to vote in Durham although they had voted there for the last 25 years. When the Durham County Board of Elections sent out notices, the Orange County Board of Elections was not included in the notification, so they did not know about the change. He will work on this and bring forward any issues. 10. County Attorney's Report John Roberts said that he sent an email out today about the two local bills that are in final form. Senator Ellie Kinnaird is ready to introduce these bills. It should not be an issue to get the Orange/Alamance County line finalized. The broadband grant bill may have some pushback. 11. Appointments-NONE 12. Board Comments Commissioner Foushee said that she attended the Board of Directors NCACC meeting and the annual dues will be reduced by 5%. She said that this is an attempt to help counties that are having difficulty paying their dues. Also, the Healthy Living Task Force is coming to an end and they will distribute a tool kit to all 100 counties to encourage healthy living. Commissioner McKee said that he toured the local jail facility and he was pleasantly surprised that the deputies are doing a good job in a facility that is 100 years old. Commissioner McKee said that he participated in a WCHL forum on budgeting in difficult times this past week. He found this informative. Commissioner McKee said that he attended a meeting of the NAACP in northern Orange County and transportation was a hot topic. Commissioner Hemminger said that she attended the first Historic Rogers Road Multi- Jurisdictional Task Force this week. There will be a tour of the area and she will email everyone about it. The information on this task force will be housed on the County's website. She said that she attended the RTA transit trip to Pittsburgh and Cleveland. They were able to ride on bus rapid transit and subways. Commissioner Jacobs said that he and Chair Pelissier attended the mental health legislative breakfast and one of the acute problems is the housing of inentally ill in nursing homes with seniors. The U. S. Department of Justice is trying to force North Carolina to do something about it, even though the legislature does not want to spend any money to address the problem. Commissioner Jacobs said that he, Commissioner Hemminger, and Chair Pelissier toured the sportsplex since their last meeting and it was very encouraging to see the amount of use and to look at the proposed plans. Commissioner Jacobs said that four County Commissioners attended the groundbreaking for CHCCS Elementary School #11. Commissioner Jacobs said that the code for the parking deck for the spaces that the County rents is 1945#. Commissioner Yuhasz said that he attended the public information meeting on the potential closing of Pickett Road and there was not unanimous support on this closing. He said that the closing is associated with the two parts of the park. Commissioner Gordon said that there is a primary election on May 8th and early voting is still ongoing. Chair Pelissier said that she attended the Durham Technical Community College dinner meeting with Commissioner Foushee and there was a presentation on why students start school and do not finish. Chair Pelissier said that she attended both public information sessions on the transit plan. About 37 members of the public attended and many of those people had already made comments to the County Commissioners. Chair Pelissier said that at the last meeting of Triangle Transit Association Board of Directors meeting they passed a resolution that said they will not levy a '/�-cent sales tax unless Orange County passes a resolution on this. Chair Pelissier encouraged all County Commissioners to attend the scoping meeting on May 3�d on the environmental impact statement on the light rail plan. Chair Pelissier said that she attended the RTA breakfast on higher speed rail that is a collaboration between Virginia and North Carolina. These plans are proceeding. Chair Pelissier said that she attended the legislative breakfast of the CHCCS Board earlier this week. She said that the focus was on the core curriculum and how they wanted the principals to be coaches rather than managers. 13. Information Items • April 17, 2012 BOCC Meeting Follow-up Actions List • BOCC Chair Letter Regarding Public Display of Motions • BOCC Chair Letter Regarding Public Meetings for Southern Triangle Fire District 14. Closed Session - NONE 15. Adiournment A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to adjourn the meeting at 8:53 PM . VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board