HomeMy WebLinkAboutMinutes 06-19-2012 APPROVED 9/6/2012
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
June 19, 2012
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June
19, 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 ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
Gwen Harvey, and Michael Talbert and Clerk to the Board Donna Baker (All other staff
members will be identified appropriately below)
1. Additions or Chanqes to the Aqenda
The Chair went through the items at the County Commissioners' places:
White sheet—fracking resolution from the Commission for the Environment
White sheet— petition from a member of the public regarding public taxes
Yellow sheet— addition to the agenda, Appointment of New Tax Administrator
White sheet— revised for item 5-I, Fiscal Year 2011-2012 Budget Amendment#10
Memo from Commissioner Jacobs related to the budget
Blue and pink sheet— related to County Manager's comments
Binder - Orange County Facilities Inventory update
Frank Clifton recognized Pam Jones for her 28 years of service with the County. This
is Pam Jones' last public meeting before retiring.
Chair Pelissier thanked Pam Jones on behalf of the Board of County Commissioners.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to add to the agenda the Appointment of the Orange County Tax Administrator as item 4-c.
VOTE: UNANIMOUS
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Aqenda (Limited to One Hour
Jennifer Miller read a prepared statement:
"Thank you for your good works, and for your April resolution to the state legislature
asking them to keep the ban on fracking.
I support the County's Environment Commission recommendation to you about the
need for protective local action, as the state legislature rushes toward embracing oil and gas
exploration.
Many people in numerous citizen groups share your concern about fracking. At this
point their focus is on aiding a huge grassroots effort to convince our governor to veto the
fracking bill (Senate Bill 820). Not only is this bill an open invitation to oil and gas drilling, the
legislation creates a commission which allows that industry to dominate the crafting of
protective regulations.
Though fracking may never occur in our County's borders, we are close neighbors with
counties whose citizens are already selling their mineral rights.
Good neighbors should not add to the water or air pollution of adjacent citizens or
reduce their quality of life.
Within Senate Bill 820, after the House amendments, is language promising property
owners that if their well is polluted by fracking operations within 5,000 feet, they can seek
reimbursement. But a well or a water supply can be polluted beyond this one mile limit.
The millions of gallons needed for each fracking drilling operation must come from local
water sources —those sources supply more than one community. The heavy truck traffic
delivering water and removing waste will affect more than one place. Disposal of toxic
wastewater will concern more than one area. The fracking industry releases toxins into the air
that travel far beyond the borders of one county.
Within and despite limitations by law— preemption — please encourage creative
thinking from your staff and citizenry on ways to control future effects of fracking and other
polluting industry in Orange County.
I've attached with these comments a source to access town and county responses to
fracking nationwide, and an excerpt from one, the Pittsburg, Pennsylvania city code, which
states that citizens have an inalienable right to self governance and protection of their natural
resources."
Renee Price, Chair of the Commission for the Environment, presented a resolution to
the Board of County Commissioners and she read it.
WHEREAS, the Orange County Board of Commissioners passed a resolution on April
17, 2012 relating to "Shale Gas Development in North Carolina" that urged the North Carolina
General Assembly to maintain existing laws and regulations that prevent the use of horizontal
drilling and hydraulic fracturing in the state and to take no action that would weaken these laws
and regulations before it is fully demonstrated that North Carolina public health, waters, land,
air, economy, and quality of life can be protected from impacts that may occur by allowing the
development of shale gas resources in the state; and
WHEREAS, the Orange County Board of Commissioners further resolved that, should
the State authorize the hydraulic fracturing, local governments should retain some regulatory
authority regarding proposed drilling-related activities as they affect water resources and
previously identified significant natural areas through land-use and other established
regulation; and
WHEREAS, the North Carolina Senate and the House of Representatives passed SB
820 ("Clean Energy and Economic Security Act"), which proposes critical changes to North
Carolina's energy policy so as to allow exploration for natural gas through horizontal drilling
and hydraulic fracturing; and
WHEREAS, natural gas extraction using the enhanced techniques o horizontal drilling
and hydraulic fracturing, absent proper regulations and/or oversight in states other than North
Carolina, has been associated with potentially adverse effects to human health and the
environment, including but not limited to adverse impacts on infrastructure and contamination
of water, air, soils, and land.
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Commission for the
Environment urges the Orange County Board of County Commissioners to set forth and
enforce such measures and provisions that will protect public health and lands in the event
that horizontal drilling and hydraulic fracturing activities are planned or conducted in or
adjacent to Orange County, so as to help prevent, mitigate or abate the adverse effects on
human health and the environment that such drilling-related activities may produce;
IN ADDITION, BE IT RESOLVED, that such measures and provisions shall seek to
protect and maintain drinking water supplies and prevent degradation in water quality, protect
and maintain air quality, and protect soils, open land and natural areas;
MOREOVER, BE IT RESOLVED, that the Orange County Commission for the
Environment urges the Orange County Board of Commissioners to take steps to protect the
rights of landowners from unfair or unclear contracts to lease mineral or natural gas rights and
from possible forced pooling as contemplated by SB 820.
This the 19th of June, 2012.
Commissioner Gordon said that she agreed with this resolution and she will try to do
what she can.
Tim Kirkpatrick made reference to the brochure on his home. He said that this is a
home that he cannot sell. The assessed value of the home is $915,568 and he has it on the
market for less than $600,000. It will not sell and has been on the market many times since
1992. He said that no one wants to buy this house and the sound is distracting from the
interstate. He asked why his property tax is so high for something that he cannot sell. He has
gone to the Tax Office and he was told that there that the deadline for an appeal was January
31St, but it is really June 14th, which he found out today. He asked for help with his taxes
because his house is on the market for 60% of the tax value, but people will not buy it because
they do not want to pay the taxes.
Chair Pelissier said that the Board of County Commissioners does not deal with the tax
values of individual property, but this will be referred and staff will respond.
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
Commissioner McKee petitioned for staff to follow up with Mr. Kirkpatrick's concern
about the deadline for tax appeals and the miscommunication about deadlines.
Commissioner Jacobs said that his petition is to put out a press release and put up
signs when the parking deck in Hillsborough is purchased.
4. Proclamations/ Resolutions/ Special Presentations
a. Oranqe County Aq Tourism Farms Special Presentation
The Board considered recognizing Orange County farmers that were featured in the
March-April 2012 Chapel Hill Magazine as part of an Orange County Ag Tourism promotion
and presented each of the farms with a framed farm profile.
Agricultural Economic Development Director Noah Rannells said that earlier this spring
there was an effort by many departments that worked with Chapel Hill Magazine to put a
section about Ag Tourism and agricultural opportunities in the March/April issue. Three of the
five farms were part of the Piedmont Farm Tour. He introduced representatives from three
farms: Captain John Pope Farm, McAdams Farm, and Parker Farm and Vineyard. Unable to
attend were Walters Unlimited and Chapel Hill Creamery.
Dan Shannon from Chapel Hill Magazine said that it was a great pleasure to work with
the County Manager and Tourism and Agriculture Departments. He hopes to continue to be a
partner with Orange County.
Noah Rannells and Chair Pelissier made the presentation to the three farms: Captain
John Pope Farm, McAdams Farm, and Parker Farm and Vineyard
b. Resolution — North Carolina 10% Campaiqn/Local Food Economy
The Board considered a resolution supporting the Center for Environmental Farming
Systems "10% Campaign" to support local and regional food economies, and considered
asking County staff to explore ways to augment or incorporate these principles and goals into
the County's organizational culture and authorizing the Chair to sign.
Department of Environment, Agriculture, Parks, and Recreation Director Dave Stancil
introduced Dr. Nancy Creamer from N.C. State. He said that the Board of County
Commissioners received a presentation earlier this year on this issue of the 10% campaign.
Dr. Nancy Creamer thanked Orange County for their leadership in agriculture and local
farming. This is about getting people to put in 10% of their food dollars to local food. She
read the resolution.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE "10% CAMPAIGN" AND THE LOCAL FOOD ECONOMY
WHEREAS, Orange County has a long history and tradition of agriculture and a local
food economy, and has supported local agriculture - as a critical component of the local
economy; of protecting farmland for future production as part of agricultural heritage, economy
and open space; and of promoting local food consumption as exemplary of a commitment to
sustainable agriculture and linkages between `farm and fork;' and
WHEREAS, Orange County partnered with several other counties and State agencies
to plan, identify, construct and fund the Piedmont Food and Agricultural Processing Center,
located in Hillsborough and opened in 2011, which provides a means to producing value-
added products from local agricultural products, was built with over $1.4 million in grant funds
from a variety of State and federal sources, and now has 21 clients selling locally and as far
away as China; and
WHEREAS, Orange County is fortunate to be home to many agricultural entrepreneurs
and consumers who have been statewide leaders in transitioning into new and innovative
agriculture, as well as vibrant farmers markets that make local foods available to individual and
institutional consumers in the area who benefit from fresh or value-added local foods; and
WHEREAS, the W.C. Breeze Family Farm Agricultural Extension and Research
Center's "PLANT" program has now graduated 230 student-farmers since 2008, with four start-
up farms and seven individuals leasing land at Breeze farm in 2012; and
WHEREAS, North Carolina residents spend about $35 billion a year on food, and
Orange County residents spend around $300 million a year on food, meaning that 10% of this
amount spent on local foods would generate approximately $3.5 billion (or $30 million in
Orange) for the local economy; and
WHEREAS, Piedmont Grown, a 37-county regional program to promote awareness
about locally grown, raised, and made farm and food products as well as ag tourism
opportunities was launched in May 2011 with significant support from Orange County;
WHEREAS, the public health benefits of local foods have been widely researched and
found to be very beneficial to reducing childhood and adult obesity and healthy lifestyles; and
WHEREAS, the Center for Environmental Farming Systems' (CEFS) "10% Campaign" —
working in conjunction with the N.C. Cooperative Extension Service - supports these local and
regional food economies and benefits local food producers, businesses and communities; and
WHEREAS, Orange County has stated goals of promoting local agriculture as a means
of promoting economic development, which provides job creation and helps protect the health,
safety and general welfare of County residents both now and in the future:
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners supports the "10% Campaign" to promote the local food economy and
encourages County residents to commit 10% of their food dollars to supporting local food
producers and related businesses.
BE IT FURTHER RESOLVED that the Board instructs the County Manager and staff to
identify existing County government practices and programs that support this effort, and report
back on ways to expand or create new opportunities to further implement this goal through
County programs, initiatives, practices and events.
This, the 19th day of June, 2012.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve a resolution supporting the Center for Environmental Farming Systems "10%
Campaign" to support local and regional food economies, and ask County staff to explore
ways to augment or incorporate these principles and goals into the County's organizational
culture and authorize the Chair to sign.
VOTE: UNANIMOUS
Commissioner Jacobs said that Orange County is also one of the leaders in conserving
easements on agricultural lands through the Lands Legacy program. This is part of a tradition.
c. Appointment of Tax Administrator
The Board considered approving a resolution appointing Dwane Brinson as Orange
County Tax Administrator, effective August 6, 2012, to fill the remainder of the unexpired term
of Jenkins Crayton ending June 30, 2013.
Frank Clifton said that over a year ago the County went through an extensive process
for a Tax Administrator and another gentleman was offered the position but has since retired.
Tonight he introduced Mr. .Duane Brinson and asked the County Commissioners to approve
the resolution for the unexpired term of Mr. Jenkins Crayton. He gave Mr. Brinson's
credentials.
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION APPOINTING DWANE BRINSON TO COMPLETE THE UNEXPIRED TAX
ASSESSOR AND TAX COLLECTOR TERMS OF
JENKINS CRAYTON TO BE SERVED AS ORANGE COUNTY TAX ADMINISTRATOR
WHEREAS, Jenkins Crayton was appointed by the Orange County Board of County
Commissioners to serve a term as Tax Administrator from July 1, 2011 through June
30, 2013; and
WHEREAS, The Orange County Tax Administrator serves in the statutory roles of both the
Orange County Tax Assessor and the Orange County Tax Collector; and
WHEREAS, On May 29, 2012 Mr. Crayton resigned from his role as Tax Administrator to serve
as an advisor and consultant to the Tax Administration Department to allow for the
effective transfer of roles responsibilities and integration until a new Tax Administrator
could be appointed; and
WHEREAS, North Carolina law specifies that in the case of a vacancy occurring in the office of
tax assessor, the Board of County Commissioners shall appoint a qualified person to
serve as county tax assessor for the period of the unexpired term; and
WHEREAS, North Carolina law specifies that in the case of a vacancy occurring in the office of
tax collector, the Board of County Commissioners shall appoint a qualified person to
serve as county tax collector for the period of the unexpired term; and
WHEREAS, The Orange County Manager has recommended that Dwane Brinson be
appointed to complete the unexpired terms of Jenkins Crayton in his capacity as
Orange County Tax Assessor and Orange County Tax Collector and that he be
appointed to the Orange County Tax Administrator position based on his extensive
experience and years of public service;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners,
as provided for under Chapter 105-294 and Chapter 105-349 of the North Carolina
General Statutes, does hereby appoint Dwane Brinson as Orange County Tax
Assessor and Orange County Tax Collector for the balance of the unexpired terms of
Jenkins Crayton that end June 30, 2013, and that such appointments shall be served
under the title Orange County Tax Administrator and that such appointments begin on
August 6, 2012;
BE IT FURTHER RESOLVED THAT:
• Mr. Brinson shall be paid a starting salary of $108,000 per year, an amount consistent
with the mid-range of the position of Tax Administrator in North Carolina counties
similar in size and complexity to Orange County;
• Subject to verification, Mr. Brinson shall transfer from Lee County to Orange County
accumulated sick leave of approximately 700 hours to be used in emergency health
situations and/or counted toward retirement;
• Mr. Brinson shall begin accruing annual leave in Orange County at the same rate as a
full time employee with eleven years' service to Orange County in accordance with
Chapter 28 of the Orange County Code of Ordinances. This does not include
longevity, retirement credit, or any benefit other than annual leave accrual;
• Mr. Brinson shall accrue sick leave at the same rate as other full time employees of
Orange County;
• Mr. Brinson shall have access to the same employment benefits as other full time
employees of Orange County;
• Mr. Brinson shall be paid on the same schedule and shall receive salary adjustments
the same as other full time employees of Orange County;
• Mr. Brinson may have access to a county-owned vehicle for use for County business;
• Upon the presentation of verifiable receipts Mr. Brinson shall receive up to $5,000 for
relocation (moving and temporary housing) costs;
• If, upon the expiration of the unexpired terms, Mr. Brinson is not appointed to a term of
service with Orange County as Tax Administrator, he shall receive a Separation
Allowance which shall consist of a lump sum payment equal to three months' salary,
plus the monetary value of all annual leave accrued while in service to Orange County
in addition to continued health, dental, and vision insurance coverage for a period of
three months from the date of the expiration of the unexpired term except, he shall not
accrue annual or sick leave after the date of separation;
• As Tax Administrator Mr. Brinson shall be subject to the appointment and removal
provisions of North Carolina General Statute Chapter 105 and, except as noted herein,
shall be exempt from the personnel provisions of the Orange County Code of
Ordinances and any associated Orange County Personnel Policies.
Adopted by the Board of County Commissioners this 19th day of June 2012.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to approve a resolution appointing Dwane Brinson as Orange County Tax Administrator,
effective August 6, 2012, to fill the remainder of the unexpired term of Jenkins Crayton ending
June 30, 2013.
VOTE: UNANIMOUS
Dwane Brinson said that he looks forward to working with Orange County.
5. Consent Aqenda
• Removal of Any Items from Consent Agenda
John Roberts removed item 5-0, SportsPlex Facility Management Agreement Renewal.
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to
approve the remaining items on the consent agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
o. SportsPlex Facility Manaqement Aqreement Renewal
The Board considered renewing an agreement with Recreation Factory Partners, LLC,
to provide facility management for the Triangle SportsPlex and authorizing the Chair to sign.
John Roberts made reference to page 37 and the second paragraph in subsection one.
In the next to the last line it has the word "nominal". Nominal is not defined in this, so he asked
that it be taken out.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to approve renewing an agreement with Recreation Factory Partners, LLC, to provide facility
management for the Triangle SportsPlex, with the amendment by John Roberts, and authorize
the Chair to sign.
VOTE: UNANIMOUS
a. Minutes
The Board approved the minutes from March 22 and April 19, 2012 as submitted by the
Clerk to the Board.
b. Motor Vehicle Property Tax Release/Refunds
The Board adopted a release/refund resolution, which is incorporated by reference,
related to 22 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 twenty-five (25) requests for property tax release and/or refunds in
accordance with North Carolina General Statute 105-381.
d. Town of Hillsborouqh Wayfindinq Siqnaqe Easement
The Board approved a maintenance easement to the Town of Hillsborough for wayfinding
signs located on County property and authorized the Chair to sign.
e. Home and Community Care Block Grant for Older Adults Fundinq Plan for FY
2012-13
The Board approved the recommended Home and Community Care Block Grant for Older
Adults Funding Plan for FY 2012-13 in the amount of$510,464 and authorized the Chair
to sign.
f. Aqreements Between Chapel Hill Carrboro City Schools, Oranqe County Schools,
and Health Department for School Nurses
The Board approved the renewal agreements between Chapel Hill Carrboro City Schools,
Orange County Schools and the Health Department for nine school nurses and authorized
the Chair to sign.
g_ Approval of Senior Lunch Caterer Contract with Nantucket Grill, Inc.
The Board approved the food service caterer contract with Nantucket Grill, Inc. to provide
noon meals for the Home and Community Care Block Grant-funded Senior Lunch
Program at the Seymour and Central Orange Senior Centers for the period July 1, 2012
through June 30, 2013 with optional one year extension.
h. Community Development Block Grant Proqram — Section 3 Plan and Equal
Employment and Procurement Plan
The Board approved and authorized the Chair to sign the Section 3 Plan and Equal
Employment and Procurement Plan for the County's Community Development Block Grant
Program and authorized the Chair to sign.
i. Fiscal Year 2011-12 Budqet Amendment#10
The Board approved budget, grant, and capital project ordinance amendments for fiscal
year 2011-12 for Department on Aging; Miscellaneous; Emergency Services; Emergency
Telephone System Fund; County Campus/Office Building/Library Capital Project;
Department of Social Services; and Department of Environment, Agriculture, Parks and
Recreation and approved a reimbursement resolution for Orange Rural Fire Department.
i Approval of a Lease/Purchase Aqreement between Oranqe County Schools and
Chase Equipment Finance to Provide Computers for Teachers and Students
The Board approved a lease/purchase agreement between Orange County Schools and
Chase Equipment Finance for the lease/purchase of computers for teachers and students
to upgrade the District's digital technology and authorized the Chair to sign.
k. Amendment to Hobbs, Upchurch &Associates Contract: Buckhorn-Mebane EDD
Water and Sewer Extension Proiect— Phase II
The Board approved an amendment to the Hobbs, Upchurch & Associates contract for
design of water and sewer utilities in the Buckhorn Economic Development District area;
authorized the Chair to sign on behalf of Orange County; authorized proceeding with the
bid process concurrent with permit review; and authorized the Manager to sign permit
applications or other documents related to the permitting or bidding of this project, with bid
results to be brought to the BOCC for approval in Fall 2012.
I. Leqal Advertisement for Quarterly Public Hearinq —Auqust 27, 2012
The Board approved the legal advertisement for items to be presented at the joint Board
of County Commissioners/Planning Board Quarterly Public Hearing scheduled for August
27, 2012.
m. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline/Schedule for Efland Desiqn Standards
The Board approved process components and schedule for amendments to the UDO Text
and/or Zoning Atlas regarding Efland Design Standards, currently scheduled for the
November 19, 2012 Quarterly Public Hearing.
n. Valley Forqe Road Property Lease Rate for Builders FirstSource
The Board approved a tiered renewal lease rate schedule of$2.50 per square foot for 24
months and $2.75 per square foot for 36 months for property owned by the County at 401
Valley Forge Road, Hillsborough and leased to Builders FirstSource.
o. SportsPlex Facility Manaqement Aqreement Renewal
This item was removed and placed at the end of the consent agenda for separate
consideration.
� Reconciliation of Lonqevity Over/Underpayments Since January 1, 2004
The Board approved approximately $15,500 in longevity overpayments issued from FY
2006-07 through FY 2011-12 to 12 employees (ranging from $386 to $2,816 per
employee) and not require repayment, and approved the issuance of longevity payments
totaling $1,066 to two employees who were underpaid longevity from FY 2004-05 through
2007-08.
� Amendment to the Oranqe County Code of Ordinances Reqardinq Massaqe
Requlation
The Board adopted and authorized the Chair to sign the Resolution Amending Chapter 8,
Article II of the Code of Ordinances of Orange County; and authorized staff to make any
typographical or other non-substantive corrections as may be needed prior to and during
the process of submission of the amended ordinance to Municode.
r. Joint Resolution Approvinq Dissolution of Oranqe Person Chatham (OPC) Mental
Health, Developmental Disability and Substance Abuse Authority
The Board adopted a joint resolution officially dissolving OPC and establishing the area
authority comprised of a fifteen county catchment area — Cardinal Innovations Center
known as PBH and authorized the Chair to sign.
s. Approval of an Aqency Aqreement Between Oranqe County, Caldwell Fire
Department and Eno Fire and Emerqency Services for Primary Fire Protection in
an Area of the Caldwell Fire District
The Board approved the attached Agency Agreement between Orange County, the
Caldwell Fire Department and Eno Fire and Emergency Services for primary fire protection
in an area of the Caldwell Fire District as shown on the attached East Orange Fire
Insurance District Boundary Map approved by the Board on April 19, 2011.
6. Public Hearinqs
a. Proposed 2011-2012 Secondary Road (SR) Construction Proqram for
Oranqe County
The Board held a public hearing to receive public comment on and discuss the North
Carolina Department of Transportation's Proposed 2011-12 Secondary Roads Construction
Program for Orange County.
Craig Benedict introduced Mike Mills from DOT. Mike Mills said that he would like
District Engineer Chuck Edwards to present the actual program. He said that he was at a
meeting with Commissioner Jacobs today and he noticed that there were a lot of bridge
projects in Orange County. He reviewed these projects.
Chuck Edwards presented the secondary road program. He said that they are at the
end of the priority list for unpaved roads in Orange County and some have no houses on them.
The highway fund has $601,793 and the trust fund has $452,040 for a total of$1,053,833.
There are two unpaved roads that are being proposed to be paved — Charlie's Dead End road
and Buckhorn Road. The paved road improvements will be on Whitfield Road from NC 86 to
SR 1734 (Erwin Road). The shoulders will be paved and the entire road will be resurfaced.
The balance of the funds will be directed towards surveying and right-of-way acquisition costs,
road indentions, other contingencies, and paving entrances to certified fire departments and
rescue squads.
Mike Mills said that DOT is now starting to turn its attention to safety improvements on
old paved roads and they are aggressively pursuing these roads. There will be a need for a
later conversation with the Board of County Commissioners.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve the North Carolina Department of Transportation's Proposed 2011-12 Secondary
Roads Construction Program for Orange County.
VOTE: UNANIMOUS
b. Chapel Hill Joint Planninq Transition Area Zoninq Atlas Amendment— St.
Paul Villaqe
The Board received the Planning Board recommendation, closed the public hearing,
and considered action on a proposal to amend the Joint Planning Area Zoning Atlas to change
the zoning of a 20.9 acre 5-lot assemblage at the northeast corner of Rogers Road and
Purefoy Drive from Residential-1 to Residential-5-Conditional.
Planner Perdita Holtz introduced this item. This item was heard on March 29th. This
rezoning is in order to develop the St. Paul Village project. This project would have some
multi-family units. The Planning Board considered this at the May 2nd regular meeting and
unanimously voted to recommend approval of the rezoning.
Commissioner Jacobs asked the applicant about the possibility of partnering on the
gym with local governments.
Gloria Sheehy, who was representing the applicant, said that it is the plan of the
church that this is a facility that is available to the broader community. There have been some
conversations with the local schools.
Commissioner Hemminger asked about sewer line and Gloria Sheehy said that it
would start at Edgar Street and go up Purefoy Road. The goal is to facilitate any future
extension. It will come up to Rogers Road.
Commissioner Hemminger said that she wanted to bring this information to the Rogers
Road task force meeting.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to adopt the ordinance contained in Attachment 4 to amend the Joint Planning
Area Zoning Atlas to change the zoning of a 20.9 acre 5-lot assemblage at the northeast
corner of Rogers Road and Purefoy Drive from Residential-1 to Residential-5-Conditional.
VOTE: UNANIMOUS
7. Reqular Aqenda
a. Approval of Fiscal Year 2012-13 Budqet Ordinance, FY2012-13 County
Capital, Grant Proiect Fundinq, FY2012-17 Capital Investment Plan and County Fee
Schedule
The Board considered approving the Fiscal Year 2012-13 Budget Ordinance, FY 2012-
13 County Capital, Grant Project Funding, FY 2012-17 Capital Investment Plan and County
Fee Schedule.
Financial Services Director Clarence Grier said that staff requests the Board of County
Commissioners to take action and adopt the budget ordinance.
Fiscal Year 2012-13
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption
There is hereby adopted the following operating budget for Orange County for this fiscal year
beginning July 1, 2012 and ending June 30, 2013, the same being adopted by fund and
activity, within each fund, according to the following summary:
Current Interfund Fund Total
Fund Balance
Revenue Transfer Appropriated Appropriation
General Fund $176,774,904 $1,040,000 $2,187,872 $180,002,776
Emergency Telephone Fund $490,672 $0 $0 $490,672
Fire Districts Fund $3,608,643 $0 $10,911 $3,619,554
Section 8 (Housing) Fund $4,130,645 $87,319 $0 $4,217,964
Community Development
Fund $535,793 $209,080 $0 $744,873
Efland Sewer Operating Fund $203,600 $99,050 $0 $302,650
Revaluation Fund $0 $125,000 $53,525 $178,525
Visitors Bureau Fund $1,141,500 $0 $150,000 $1,291,500
School Construction Impact
Fees Fund $1,040,000 $0 $0 $1,040,000
Solid Waste/Landfill
Operations Enterprise Fund $10,644,953 $0 $4,284,065 $14,929,018
Sportsplex Enterprise Fund $2,638,360 $618,619 $0 $3,256,979
Community Spay/Neuter Fund $53,000 $0 $22,000 $75,000
Article 46 Sales Tax Fund $2,500,000 $0 $0 $2,500,000
Section II. Appropriations
That for said fiscal year, there is hereby appropriated out the following:
Function Appropriation
General .Fund
Governing and Management $15,339,623
General .Services $7,712,117. .
Community and Environment $5,851,987
Human Services $30,711,556. .
Public Safety $20,121,532. .
Culture and Recreation $2,332,405
Education $66,947,350 .
Debt Service $25,551,075. .
Transfers to Other Funds $5,435,131
Total General Fund $180,002,776 .
Emergency Telephone System Fund
Public Safety $490,672. .
Total Emergency Telephone System Fund $490,672
Fire Districts
Cedar Grove $205,287. .
Chapel Hill $1,714. .
Damascus $46,196. .
Efland $314,465. .
Eno $427,542. .
Little River $170,158. .
New Hope $502,439. .
Orange Grove $379,334. .
Orange Rural $713,734. .
South Orange $429,778
Southern Triangle $168,360 .
White Cross $260,547. .
Total Fire Districts Fund $3,619,554
Section.8 (Housing)..Fund
Human Services $4,217,964. .
Total.Section 8 Fund $4,217,964. .
Community Development Fund (Urgent Repair
Program)
Human Services $146,506. .
Total Community Development Fund(Urgent Repair
Program) $146,506
Community Development Fund (HOME Program)
Human Services $524,206. .
Total Community Development Fund(HOME
Program) $524,206
Community Development Fund (Homelessness
Partnership Program)
Human Services $74,161. .
Total Community Development Fund(Home/essness
Program) $74,161
Total Community Development Fund Programs $744,873
Efland Sewer Operating Fund
Community and Environment $302,650
Total Efland Sewer Operating Fund $302,650
Revaluation Fund
General .Services $178,525. .
Total Revaluation Fund $178,525 .
Visitors .Bureau Fund
Community and Environment $1,291,500
Total Visitors Bureau Fund $1,291,500
School Construction Impact Fees
Transfers to Other Funds $1,040,000
Total School Construction Impact Fees Fund $1,040,000
Solid Waste/Landfill Operations
Solid Waste/Landfill Operations $14,929,018
Total Solid Waste/Landfill Operations $14,929,018
SportsPlex Enterprise Fund
Culture and Recreation $3,256,979
Total Sportsplex Enterprise Fund $3,256,979
Community Spay/Neuter Fund
Governing and Management $75,000
Total Community Spay/Neuter Fund $75,000
Article 46 Sales Tax Fund
Governing and Management $2,500,000
Total Article 46 Sa/es Tax Fund $2,500,000
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year beginning July
1, 2012 and ending June 30, 2013, to meet the foregoing appropriations:
Function Appropriation
General .Fund
Property.Tax $136,928,193 .
Sales Tax $15,742,304 .
Licenses.& Permits $313,000. .
Intergovernmental $13,595,810. .
Charges..for Services. $9,292,257 .
Investment Earnings $105,000. .
Miscellaneous $798,340. .
Transfers from Other Funds $1,040,000
Appropriated Fund Balance $2,187,872
Total General Fund $180,002,776..
Emergency Telephone System Fund
Charges..for Services. $490,672 .
Appropriated Fund Balance $0. .
Total Emergency Telephone System Fund $490,672
Fire Districts
Property.Tax $3,608,643 .
Investment Earnings $0. .
Appropriated Fund Balance $10,911. .
Total Fire Districts Fund $3,619,554
Section.8 (Housing)..Fund
Intergovernmental $4,130,645 .
From General Fund $87,319 .
Total.Section 8 Fund $4,217,964 .
Community Development Fund (Urgent Repair Program)
From General Fund $146,506 .
Total Community Development Fund(Urgent Repair
Program) $146,506
Community Development Fund (HOME Program)
Intergovernmental $490,555 .
From General Fund $33,651. .
Total Community Development Fund(HOME Program) $524,206
Community Development Fund(Home/essness
Partnership Program)
Intergovernmental 45,238 .
From General Fund 28,923 .
Total Community Development Fund(Home/essness
Partnership Program) $74,161
Total Community Development Fund Programs $744,873
Efland Sewer Operating Fund
Charges..for Services. $203,600. .
From General Fund $99,050. .
Total Efland Sewer Operating Fund $302,650
Revaluation Fund
From General Fund $125,000. .
Appropriated Fund Balance $53,525 .
Total Revaluation Fund $178,525..
Visitors .Bureau Fund
Occupancy Tax $959,518 .
Sales & Fees $1,000. .
Intergovernmental $180,482 .
Investment Earnings $500. .
Appropriated Fund Balance $150,000. .
Total Visitors Bureau Fund $1,291,500
School Construction Impact Fees Fund
Impact Fees $1,040,000. .
Total School Construction Impact Fees Fund $1,040,000
Solid Waste/Landfill Operations
Sales & Fees $8,368,480. .
Intergovernmental $483,622 .
Miscellaneous $123,605 .
Licenses.& Permits $67,520. .
Interest on Investments $7,500. .
General Fund Contribution for Sanitation Operations $1,594,226
Appropriated Reserves $4,284,065 .
Total Solid Waste/Landfill Operations $14,929,018
Sportsplex Enterprise Fund
Charges for Services $2,638,360
From General Fund $618,619
Total Sportsplex Enterprise Fund $3,256,979
Community Spay/Neuter Fund
Animal Tax $31,000
Intergovernmental $20,000
Miscellaneous $2,000
Appropriated Fund Balance $22,000
Total Community Spay/Neuter Fund $75,000
Article 46 Sa/es Tax Fund
Sales Tax Proceeds $2,500,000
Total Article 46 Sa/es Tax Fund $2,500,000
Section IV. Tax Rate Levy
There is hereby levied for the fiscal year 2012-13 a general county-wide tax rate of 85.8 cents
per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district
tax rates are levied as follows:
Cedar Grove 7.36
Chapel Hill 7.50
Damascus 5.00
Efland 4.66
Eno 5.99
Little River 4.06
New Hope 8.95
Orange Grove 5.00
Orange Rural 5.61
South Orange 7.85
Southern Triangle 5.00
White Cross 7.00
Chapel Hill-Carrboro School District 18.84
Section V. General Fund Appropriations for Local School Districts
The following FY 2012-13 General Fund Appropriations for Chapel Hill-Carrboro
City Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $62,389,900, and
equates to a per pupil allocation of$3,167.
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$38,368,205.
2) The Current Expense appropriation to the Orange County Schools is
$24,021,695.
b) Recurring Capital appropriation for local school districts totals $3,000,000
1) The Recurring Capital appropriation to the Chapel Hill-Carrboro City Schools
totals $1,845,000.
2) The Recurring Capital appropriation to the Orange County Schools totals
$1,155,000.
c) Long-Range (Pay-As-You-Go) Capital appropriation for local school districts totals
$3,724,849
1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill-
Carrboro City Schools totals $2,290,782.
2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County
Schools totals $ 1,434,067.
d) School Related Debt Service for local school districts totals $15,352,784, which
includes $663,196 of school debt service reserves for future debt service on school
capital projects.
e) Fair Funding appropriation for local school districts totals $988,000. This appropriation
is to be split 50/50 between Chapel Hill-Carrboro City Schools and Orange County
Schools.
f) Additional County funding for local school districts totals $1,907,394
1) School Health Nurses - Total appropriation of $683,706 with $451,651 allocated
for Chapel Hill-Carrboro City Schools and $232,055 allocated for Orange
County Schools
2) School Social Workers - Total appropriation of $692,283 allocated in the
Department of Social Services to provide School Social Workers to Orange
County Schools
3) School Resource Officers - Total appropriation of$531,405 allocated in the
Sheriff's Department to provide School Resource Officers to Orange County
Schools
Section VI. Schedule B License
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North
Carolina State Statutes, and any other section of the General Statutes so permitting, there are
hereby levied privilege license taxes in the maximum amount permitted on businesses, trades,
occupations or professions which the County is entitled to tax.
Section VII. Animal Licenses
A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un-
sterilized dogs and a license for un-sterilized cats is $30 per animal.
Section VIII. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
• Salaries of County Commissioners will be adjusted by any cost of living increase, any
in-range salary increase and/or any other general increase granted to permanent
County employees. For fiscal year 2012-13, the approved budget includes a 2% cost of
living increase, effective July 1, 2012.
• Annual compensation for County Commissioners will include the County contribution for
health insurance, dental insurance and life insurance that is provided for permanent
County employees, provided the Commissioners are eligible for this coverage under the
insurance contracts and other contracts affecting these benefits.
• County Commissioners' compensation includes eligibility to continue to participate in
the County health insurance at term end as provided below:
o If the County Commissioner has served less than two full terms in office (less
than eight years), the Commissioner may participate by paying the full cost of
such coverage. (If the Commissioner is age 65 or older, Medicare becomes the
primary insurer and group health insurance ends.)
o If the County Commissioner has served two or more full terms in office (eight
years or more), the County makes the same contribution for health insurance
coverage that it makes for an employee who retires from Orange County after
20 years of consecutive County service as a permanent employee. If the
Commissioner is age 65 or older, Medicare becomes the primary insurer and
group health insurance ends. The County makes the same contribution for
Medicare Supplement coverage that it makes for a retired County employee with
20 years of service.
o Annual compensation for Commissioners will include a County contribution for
each Commissioner to the Deferred Compensation (457) Supplemental
Retirement Plan that is the same as the County contribution for non-law
enforcement County employees in the State 401 (k) plan.
Section IX. Budget Control
General Statutes of the State of North Carolina provide for budgetary control measures
to exist between a county and public school system. The statute provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call for, and the Board of
Education shall have the duty to make available to the Board of County Commissioners, upon
request, all books, records, audit reports, and other information bearing on the financial
operation of the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget administration
and review:
That upon adoption, each Board of Education will supply to the Board of County
Commissioners a detailed report of the budget showing all appropriations by function and
purpose, specifically to include funding increases and new program funding. The Board of
Education will provide to the Board of County Commissioners a copy of the annual audit,
monthly financial reports, copies of all budget amendments showing disbursements and use of
local moneys granted to the Board of Education by the Board of Commissioners.
Section X. Internal Service Fund - Dental Insurance Fund
The Dental Insurance Fund accounts for the receipt of premium payments from the County for
its employees and from the employees for their dependents, and the payment of employee
claims and administration expenses. Projected receipts from the County and employees for
2012-13 are $259,408 and projected expense for claims and administration for 2012-13 is
$259,408.
Section XI. Internal Service Fund -Vehicle Replacement Fund
The Vehicle Replacement Fund will centralize and account for the purchase and replacement
of County vehicles purchased with revenues and funding provided by the Governmental Funds
of Orange County (General Fund, Special Revenue and Grants Funds). Projected sources of
revenues and funds will be $640,503 of short-term installment financing and internal reserves,
and the projected expenses for the purchase of vehicles will be $640,503.
Section XII. Agency Funds
These funds account for assets held by the County as an agent for other government units,
and by State Statutes, these funds are not subject to appropriation by the Board of County
Commissioners, and not included in this ordinance.
Section XIII. Encumbrances
Operating funds encumbered by the County as of June 30, 2012 are hereby reappropriated to
this budget.
Section XIV. Capital Projects & Grants Fund
The County Capital Improvements Fund, Schools Capital Improvements Fund, Community
Development Fund and the Grant Projects Fund are hereby authorized. Appropriations made
for the specific projects or grants in these funds are hereby appropriated until the project or
grant is complete.
The County Capital Projects Fund FY 2012-13 budget, with anticipated fund revenues of
$6,666,950 and project expenditures of $6,666,950 (see Attachment 3), is hereby adopted in
accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2012, and
ending June 30, 2013, and the same is adopted by project.
The County Grant Projects Fund FY 2012-13 budget, with anticipated fund revenues of
$216,706 and project expenditures of $216,706 (see Attachment 4), is hereby adopted in
accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2012, and
ending June 30, 2013, and the same is adopted by project.
Any capital project or grant budget previously adopted, the balance of any anticipated, but not
yet received, revenues and any unexpended appropriations remaining on June 30, 2012, shall
be reauthorized in the 2012-13 budget.
Section XV. Contractual Obligations
The County Manager is hereby authorized to execute contractual documents under the
following conditions:
1. The Manager may execute contracts for construction or repair projects that do not
require formal competitive bid procedures, and which are within budgeted departmental
appropriations, for which the amount to be expended does not exceed $250,000.
2. The Manager may execute contracts for general and/or professional services which are
within budgeted departmental appropriations, for purchases of apparatus supplies and
materials or equipment which are within the budgeted departmental appropriations, and
for leases of personal property for a duration of one year or less and within budgeted
departmental appropriations for which the amount to be expended does not exceed
$89,999.
3. Contracts executed by the Manager shall be pre-audited by the Financial Services
Director and reviewed by the County Attorney to ensure compliance in form and
sufficiency with North Carolina law.
4. The Manager may sign intergovernmental service agreements in amounts under
$90,000.
5. The Manager may sign intergovernmental grant agreements regardless of amount as
long as no expenditure of County matching funds, not previously budgeted and
approved by the Board, is required. Subsequent budget amendments will be brought
to the Board of County Commissioners for revenue generating grant agreements not
requiring County matching funds as required for reporting and auditing purposes.
6. The Manager and Attorney will provide a quarterly report to the County Commissioners
showing the type and amount of each intergovernmental agreement signed by the
Manager.
A motion was made by Commissioner McKee, seconded by Commissioner Gordon to
adopt the Resolution of Intent to Adopt the 2012-13 Orange County Budget (Attachment one).
VOTE: UNANIMOUS
Commissioner Gordon pointed out that the County Commissioners did not make these
decisions to adopt this budget at a work session, but only the "intent" to adopt.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to adopt the FY—2012-13 Budget Ordinance (Attachment 2).
VOTE UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to approve the County Capital Recommended Projects — Capital Investment Plan
FY-2012-13 (Attachment 3).
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger, seconded Commissioner Foushee
to approve the County Grant Projects (Attachment 4).
VOTE: UNANIMOUS
Commissioner Jacobs pointed out that this is the fourth year in a row that the County
has not had a tax increase. The staff was also able to get a raise this year and an additional
$65 per pupil was given to the school systems.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to adopt the fee schedule.
VOTE: UNANIMOUS
This budget being duly adopted this 19th day of June 2012.
Frank Clifton said that Clarence Grier has done a great job with the budget staff and he
will now become an Assistant County Manager as of July 1St
b. Amendment to the Oranqe County Personnel Ordinance Article IV, Section
28-36, Health Insurance
The Board considered approving an amendment to the Orange County Personnel
Ordinance Article IV, Section 28-36, Health Insurance regarding retiree health coverage for
employees hired on or after July 1, 2012.
Interim Human Services Director Sharon Laisure went through the changes that would
occur as a result of this amendment:
- Increase the eligibility requirement from a total of ten year Orange County service to
twenty continuous years of Orange County service for a retiree under age 65
retiring with a service retirement;
- Increase the eligibility requirement from a total of five years Orange County service
to ten continuous years of Orange County service for a retiree age 65 or older OR
an employee retiring with a disability retirement;
- Reduce the cap on the amount the County will pay for post-65 benefits to 50% of
the amount paid for active employees' health insurance (compared to the current
100%); and
- Require any retiree eligible for Medicare due to disability or age to enroll in
Medicare Parts A and B and end enrollment in the County's group health insurance.
This will affect all employees hired on or after July 1St, 2012.
Commissioner Yuhasz asked about the "continuous service" and Frank Clifton said that
they found under the older program that people would work then leave and then come back to
retire in order to get the retirement health benefits. He said that this is a retention benefit.
Commissioner Yuhasz said that the 20-year period is long enough that would warrant
this particular benefit. Commissioner Jacobs agreed.
Commissioner Foushee suggested seeing what happens in the market for other local
governments.
Frank Clifton said that Orange County has one of the best benefit packages. He will do
further research if the Board wants.
Commissioner Hemminger agreed with Commissioner Yuhasz and Commissioner
Jacobs, however, she is not comfortable with continuous at this point and she would like to see
more information.
Commissioner McKee said that he would like to see more information on what other
local governments are doing or have done.
Commissioner Gordon agreed with the continuous function and she said that staff
could review it if the Board wants.
A motion was made by Commissioner McKee seconded by Commissioner Foushee to
approve an amendment to the Orange County Personnel Ordinance Article IV, Section 28-36,
Health Insurance regarding retiree health coverage for employees hired on or after July 1,
2012 and ask for additional information on other counties'actions.
VOTE: UNANIMOUS
Commissioner Jacobs said that he would like to see the breakdown of pay grade in the
motion and Commissioner McKee agreed.
Commissioner Foushee said that the County Commissioners did talk in the work
session that employees are to be informed during the entire health insurance discussion
process whether the County renews or not with United Health Care (UHC) and she too has
received numerous complaints from employees about UHC. She said that employees did not
feel that they got what they thought they were going to get in healthcare. She hopes that
whatever is done would include the employees' participation.
c. Modification of Mebane Water and Sewer Service Aqreement for the
Buckhorn-Mebane-Efland Area
The Board considered approving a modified Water and Sewer Service Agreement with
the City of Mebane for provision of water and sewer service in the Buckhorn-Mebane-Efland
area and authorizing the Chair to sign.
Craig Benedict said that this is a modification of the existing water and sewer service
agreement. He showed the area on a map. The original agreement includes about 1,200
acres. He went through some of the aspects of the agreement as an update to the County
Commissioners that were not here when it began in 2004. The purpose of the original
agreement was to leverage some money through federal grants to provide sewer to the
Buckhorn community and also to provide water and sewer facilities to Gravelly Hill Middle
School. In order to extend services through Mebane, this agreement was put together. This
would allow 19 residents in the Buckhorn area to not pay the connection charges. The
concepts in the agreement are that it would be possible in the future to send the sewer flow
from the existing area that presently goes to Hillsborough to Mebane instead.
Frank Clifton said that the biggest step in this is Mebane's willingness to accept the
flows out of the Efland area and also the willingness to dedicate capacity in that area.
Commissioner Gordon went to podium to speak because she could not see the map
from her seat. She asked about Exhibit B-2 (Future Land Use Map of Orange County
Comprehensive Plan) and asked if that was controlling land use.
Craig Benedict said that Exhibit B-2 would be controlling land use standards.
Commissioner Gordon made reference to the monitors and said that she cannot see
the map on the monitor but only on the large screen. She asked staff to work on this to correct
the problem.
Frank Clifton said that the only areas on the maps that the City of Mebane would have
land use authority over are the areas where Orange County has extended ETJ authority. The
rest of the areas fall within the County's zoning jurisdiction. He hopes to come back in the fall
and have the Board approve bids for construction of these lines.
Commissioner Jacobs said that the issue of annexation needs to be addressed for the
benefit of people in Efland.
John Roberts said that the prior drafts of the agreement had some language that could
have been interpreted to require some annexation in some areas. However, due to recent
activity in the General Assembly, annexation has been severely curbed for municipalities.
From Mebane's perspective, all annexation going forward will be voluntary only.
Commissioner Jacobs made reference to #10 and Reservation of Capacity and asked if
there was anything in this agreement to recover a percentage of the availability fees.
Frank Clifton said that it is really a capacity charge for the County to guarantee capacity
and helps to avoid the capital costs of expansion of plants, lines, etc. As users are added, the
capacity charge will be reduced.
Commissioner Jacobs asked if planning jointly with Mebane would be coming back in
the fall.
Craig Benedict said that there would be conversations in the fall about joint planning.
Commissioner Jacobs asked if this was to be a public process rather than a staff
process. Craig Benedict said yes.
Commissioner Gordon asked about the annexation area and made reference to the
bottom of page 5 and the top of page 6. She said that it is a big deal what the urban growth
and annexation area might be. She said that it seems that this is de facto saying which part is
the urban growth area and which part is the annexation area. There is a very long area
extending into Orange County. She would like to get public comment before the decision on
the annexation boundary is made.
Commissioner Jacobs said that everything except E-2 was already part of the
agreement with Mebane from 2004 to be part of the economic development district and would
be served by Mebane's sewer and water.
Craig Benedict said that this was correct.
Commissioner Jacobs asked staff to communicate to the Efland community after the
Board of County Commissioners adopts this agreement that Mebane would not be annexing.
Frank Clifton said that Mebane has expressed no interest in annexing the Efland area.
The costs would exceed the tax revenue.
Commissioner Gordon said that she still has the same concerns because it defines the
urban growth and annexation area as being all the way past Efland and this has significance
for other agreements.
A motion was made by Commissioner McKee, seconded by Commissioner Foushee to
approve a modified Water and Sewer Service Agreement with the City of Mebane for provision
of water and sewer service in the Buckhorn-Mebane-Efland area and authorize the Chair to
sign.
VOTE: Ayes, 6; No, 1 (Commissioner Gordon)
Commissioner Gordon said that she voted against this because of her concerns about the
urban growth and annexation boundary.
d. Resolution of Approval — Conservinq Native Wildflowers on Roadways
The Board considered a resolution approving a plan to implement voluntary roadside
management practices that will increase the visibility, enjoyment, and conservation of native
wildflowers along some of the roadways in Orange County and authorizing the Chair to sign.
Land Conservation Manager Rich Shaw said that over the past few years, the
Commission for the Environment has studied the effect of herbicides in Orange County to
control growth of vegetation along roadsides and in utility easements. It also studied the
adverse effects of herbicides on native plants that also exist. The County Commissioners
made some recommendations regarding the use of herbicides, including recommending an
outright ban on herbicides at one time. The Commission for the Environment has put forth a
new proposal for the Board's consideration. He introduced Johnny Randall, former member of
the Commission for the Environment. He is now Assistant Director of the Botanical Garden in
Chapel Hill.
Johnny Randall made a PowerPoint presentation with pictures of the roadways. He
said that this is not just about wildflowers but the biodiversity of Orange County and the plant
species that require this habitat. He said that the roadsides are now being decimated. He said
that he is hoping that there can be time to characterize these roadsides that have natural
value. There have been some signs put up that say "do not mow or spray."
Commissioner McKee wants to make sure that no "problem species" are reintroduced
because of the problems that they cause for farmers sometimes. He gave the example of
Johnson grass.
Johnny Randall said that these are all plants native to Orange County and are not
weeds. Johnson grass is not a native plant and is a terrible pest. He said that no pest plants
would be introduced.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Conservation of Native Wildflowers along Orange County Roadways
WHEREAS, the natural beauty of native wildflowers in Orange County can be enjoyed by
everyone, can attract guests, and benefit commerce, environmental health, and public well-
being; and
WHEREAS, enjoyment of native wildflowers is an occasion for all County and community
leaders to unite for the benefit of everyone; and
WHEREAS, many naturally beautiful species of native wildflowers, including Indian paintbrush,
yellow wild indigo, and Carolina rose, are already prominently displayed along Orange
County's state and county roadways; and
WHEREAS, increasing the visibility of native wildflowers in Orange County is consistent with
the vision of the 2030 Comprehensive Plan, and goals of many individuals, businesses, and
community-based organizations; and
WHEREAS, the presence of native wildflowers is essential to the fitness of native pollinator
species necessary for productive and profitable farms and forests; and
WHEREAS, it is desirable and attainable to experience the beauty of many more native
wildflowers by reducing the frequency and extent of roadside mowing; and
WHEREAS, State Road 1006 (Orange Grove Road) and State Road 1114 (Buckhorn Road)
are examples of roadways with pilot projects where native wildflowers have been conserved;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby commit and encourage others to commit to the conservation of roadside native
wildflowers along the roadways in Orange County, and do hereby authorize the Commission
for the Environment and County staff to work with the NC Department of Transportation, utility
companies, and property owners to plan and implement roadside management practices that
will increase the visibility and enjoyment of North Carolina native wildflowers.
This the 19th day of June, 2012.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
adopt a resolution approving a plan to implement voluntary roadside management practices
that will increase the visibility, enjoyment, and conservation of native wildflowers along some of
the roadways in Orange County and authorize the Chair to sign.
VOTE: UNANIMOUS
8. Reports
a. Hydrilla in the Eno River
The Board received an update concerning the extent of Hydrilla, an invasive aquatic
plant, in the Eno River.
Water Resources Coordinator Tom Davis said that this aquatic plant is throughout the
Eno River in Orange County and also in other places. It is a highly invasive aquatic plant. He
made a PowerPoint presentation with pictures. The problems with Hydrilla are that it is
unsightly, it is a nuisance with fishing, and it impacts water quality. The management options
include the herbicide Endothall, triploid grass carp, and public outreach and education.
Commissioner Jacobs said that this plant used to be a problem at OWASA reservoirs.
One of the changes that OWASA made was the freedom with which people put in boats. He
asked if there was any sanitizing of boats, etc. Tom Davis said that he was not aware of this.
Commissioner Gordon commended the Commission for the Environment for their
pursuance of this issue.
9. County Manaqer's Report
Frank Clifton said that the Board of County Commissioners has voted to move forward
on the referendum for the '/�-cent sales tax for transit and issues continue to evolve, especially
with the MPOs and the implementation agreement, and staff will be working on this issue over
the summer.
10. County Attorney's Report
John Roberts said that the statutes do not require the MPOs to be a part of the
implementation agreement but this is a political decision that the Board will need to make. He
said that the County's interest is best served by the Board of County Commissioners. He said
that there needs to be an additional provision added to the ethics section of the general
advisory board policy. It needs to be something along the lines of not using the position on an
advisory board to gain personal profit or profit for a business entity that a member may be
involved in.
11. Appointments
a. Adult Care Home Community Advisory Committee —Appointments
The Board considered making appointments to the Adult Care Home Community
Advisory Committee.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to appoint Deborah Rider, with a one-year training term expiring June 30, 2013 and Max
Mason, with a first full term expiring 06/30/2015, to the Adult Care Home Community Advisory
Committee.
VOTE: UNANIMOUS
b. Advisory Board on Aqinq —Appointment
The Board considered making an appointment to the Advisory Board on Aging.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to appoint Ms. Heather Altman to the Advisory Board on Aging, for a second term ending
6/30/2015.
VOTE: UNAIMOUS
c. Animal Services Advisory Board —Appointment
The Board considered making an appointment to the Animal Services Advisory Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to appoint Ms. Michelle Walker to the Animal Services Advisory Board for a first full term
ending 6/30/2015.
Commissioner Hemminger said that this board is not very diverse and she would like to
find more members.
VOTE: UNANIMOUS
d. Carrboro Northern Transition Area Advisory Committee —Appointment
The Board considered making an appointment to the Carrboro Northern Transition Area
Advisory Committee.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Mr. Noah Moore to the Carrboro Northern Transition Area Advisory Committee for a
first full term, ending 1/30/2015.
VOTE: UNANIMOUS
e. Economic Development Advisory Board —Appointments
The Board considered making appointments to the Economic Development Advisory
Board.
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
appoint Nicholas Thomas to the position of Entrepreneur on the Economic Development
Advisory Board, for a first full term ending 6/30/2014.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
appoint D.R. Bryan to one of the positions of Core Business Community on the Economic
Development Advisory Board, for a first full term ending 6/30/2014.
VOTE: UNANIMOUS
f. Hillsborouqh Board of Adiustment—Appointments
The Board considered making appointments to the Hillsborough Board of Adjustment.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
appoint Ms. Cannie Lloyd to the ETJ position on the Hillsborough Board of Adjustment, for a
partial term ending 9/30/2013; and to appoint David Remington to an ETJ position for a first full
term ending 6/30/2014.
VOTE: UNANIMOUS
g_ Human Relations Commission —Appointments
The Board considered making appointments to the Human Relations Commission.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to appoint Dr. Christine Kelly-Kleese to an At-Large position to a first full term
ending 6/30/2015; and to appoint Rev. Rollin Russell to an At-Large position for a first full term
ending 6/30/2015.
VOTE: UNANIMOUS
h. Oranqe County Planninq Board —Appointment
The Board considered making an appointment to the Orange County Planning Board.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
appoint Dawn Brezina to the Orange County Planning Board in the position of Eno Township
with a first partial term ending 3/31/2013.
VOTE: UNANIMOUS
i. Oranqe-Person-Chatham (OPC) Community Operations Center Advisory
Board — New Appointments
The Board considered making appointments to the newly formed Orange-Person-
Chatham Community Operations Center Advisory Board.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
appoint to the newly formed Orange-Person-Chatham Community Operations Center Advisory
Board Mary Cay Corr to the Consumer/Family Member position, with a term ending 6/30/2015;
John Stewart to the Other Citizen/Stakeholder position, with a term ending 6/30/2015 and Mark
Dorosin to the BOCC Designee position.
VOTE: UNANIMOUS
i Oranqe Water& Sewer Authority Board of Directors —Appointment
The Board considered making an appointment to the Orange Water & Sewer Authority
Board of Directors.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
appoint Michael Hughes to the Orange Water & Sewer Authority Board of Directors, as the
BOCC appointee, for a first full term ending 6/30/2015.
VOTE: Ayes, 5; Nays, 2 (Commissioner Foushee and Commissioner McKee)
Commissioner Foushee nominated Robert Campbell. There was no second.
k. Workforce Development Board-Reqional Partnership —Appointment
The Board considered making an appointment to the Workforce Development Board —
Regional Partnership.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Foushee to appoint Nancy Coston to the DSS Director position with a term expiring 06/30/2015
on the Workforce Development Board — Regional Partnership.
VOTE: UNANIMOUS
12. Board Comments
Commissioner Foushee said that she brought the Board's attention to the Small
Business Loan program as one of the information items.
Commissioner McKee said that once a vote is made by a board, he usually either
supports the vote or stands down on the position. He said that the Board's vote to approve the
transit plan with the inclusion of the light rail component puts him in a position that he has to
vote against the transit tax.
Commissioner Yuhasz said that he is looking forward to the TTA Implementation
Agreement.
Commissioner Jacobs said that he and Tom Altieri attended the Burlington-Graham
MPO meeting and their staff will be coming back in August with a recommendation on where
the MPO boundary should be.
Commissioner Gordon reported on the Durham-Chapel Hill-Carrboro Metropolitan
Planning Organization Transportation Advisory Committee meeting on June 13th. The
committee approved the Bus and Rail Investment Plan in concept and also urged the County
Commissioners to reconsider the role that the MPO should have in the implementing
agreement between Orange County and Triangle Transit.
Chair Pelissier gave a report on some Triangle J Council of Governments events.
John Roberts said that the closing on the parking deck should occur this week.
13. Information Items
• Report on May 8, 2012 Election in Orange County
• Parks and Recreation Master Plan Status Memo
• 2012 Annual Observation Well Network Report
• Orange County Small Business Loan Program Status Report
• BOCC Chair Letter Regarding Mountains to Sea Trail Request
• BOCC Chair Response Letter Regarding Mountains to Sea Trail Request
• June 5, 2012 BOCC Meeting Follow-up Actions List
14. Closed Session - NONE
15. Adiournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
adjourn the meeting at 9:33 P.M.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board