HomeMy WebLinkAboutAgenda - 02-19-2013 - 5a ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 19, 2013
Action Agenda
Item No. 5-a
SUBJECT: MINUTES
DEPARTMENT: County Commissioners PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
Attachment 1 November 13, 2012 BOCC Work Session
Attachment 2 November 20, 2012 BOCC Regular Meeting
Attachment 3 December 3, 2012 BOCC Regular Meeting
Attachment 4 February 1 , 2013 BOCC Retreat
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 DRAFT Attachment 1
2 MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 WORK SESSION
5 November 13, 2012
6 7:00pm
7
8 The Orange County Board of Commissioners for a Work Session on Tuesday, November 13,
9 2012 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Alice
12 M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz
13 COUNTY COMMISSIONERS ABSENT: Valerie Foushee
14 COUNTY ATTORNEY PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
16 Michael Talbert and Clerk to the Board Donna S. Baker (All other staff members will be
17 identified appropriately below)
18
19 Chair Pelissier said that Commissioner Foushee would be unable to attend because she
20 was out of town.
21 She pointed out the yellow sheet, which included the definitions related to fire districts as
22 requested by Commissioner Gordon earlier today.
23
24 t Whitted Building - Former Library Space Adaptive Re-use
25 Jeff Thompson made a PowerPoint presentation.
26
27 Whitted Building Former Library Space Adaptive Re-use
28 November 13, 2012
29
30 Background
31 2010-11 :
nd
32 iiiiiiiiiiiii Library Move; 2 Floor Vacancy
33 iiiiiiiiiiiii Link BOCC Meeting Room Study
34 iiiiiiiiiiiii Health Department Renovation
35 Sprinkler system
36 Structural reinforcement
37 2012:
38 iiiiiiiiiiiii Orange County Cultural Center Discussions
39 iiiiiiiiiiiii Hillsborough Joint Meeting Discussions
40 Full summary presented to the BOCC within 2/6/12 Manager's memo
41 attached
42 Guiding Principals
43 iiiiiiiiiiiii Adequate Parking for Multiple Uses
44 BOCC Needs
45 County Departments
46 County Recreation Activities
47 Visitor's Bureau
48 Orange County Arts Council
49 Others (OCCC, Hillsborough)
2
1 iiiiiiiiiiiii Effective BOCC Meeting Space
2 Best Practices Site Tour
3 Elements of Link Space Plan
4 • Flexibility of Use
5 Orange County Schools
6 Visitor's Bureau
7 Orange County Arts Commission
8 Orange County Library
9 Town of Hillsborough
10 Orange County Cultural Center
11
12 Mark Hammersley presented the parking portion of the PowerPoint.
13
14 Parking
15 • Existing Count: 219
16 197 on County Property
17 22 On-Street Spaces
18 iiiiiiiiiiiii Addt'I Potential: 257
19 Costs Vary By Area
20 iiiiiiiiiiiii Total Capacity: 476
21 iiiiiiiiiiiii Hillsborough UDO:
22 Based Upon Square Footage;
23 Daytime vs. Evening Use;
24
25 Restrooms and Egress
26 iiiiiiiiiiiii Fire Egress
27 Effect of Sprinkler System
28 Areas for Rescue Assistance
29 • Hand Railing
30 iiiiiiiiiiiii Handicap Egress
31 iiiiiiiiiiiii Restrooms
32 Facilities to meet maximum need
33
34 County Uses
35 iiiiiiiiiiiii BOCC Needs
36 Permanent Dais
37 Adequate A/V, Acoustics
38 Public Meeting Room
39 Executive Meeting Room
40 Flexible Pre-Function Areas
41 iiiiiiiiiiiii Other County Needs
42 Visitor's Bureau, OC Arts Council
43 Performances
44 School Uses
45 Departmental Uses
46 Exhibit Space
47
48 Other Uses
49 iiiiiiiiiiiii Town of Hillsborough
50 • Orange County Cultural Center ("OCCC")
3
1
2 Financial Impact
3 iiiiiiiiiiiii Schematic Budget:
4 $1.2 million - $1.4 million
5 iiiiiiiiiiiii $425,000 budgeted within current CIP (Link Upfit); however debt not
6 sold
7 iiiiiiiiiiiii Should Project Move Forward:
8 Debt Financing would be recommended (current rates are
9 favorable)
10 Financing would not hinder the County's debt capacity
11 Savings generated from recent refundings of debt would
12 offset any increase in debt service for the project.
13
14
15 Commissioner Jacobs said that the parking spaces on the south side of parking deck
16 are not full size spaces, near Weaver Street. He said that the Town has flexibility in their
17 standards when it comes to size of parking spaces.
18 Commissioner Jacobs said that the trees beside the Health Department were planted as
19 memorials for 9/11 , and this needs to be noted before deciding to do away with those.
20 Commissioner Hemminger said that area 3 could be used better and should be done
21 even if nothing is done with the room. She would prefer to work on areas 1 and 3 first.
22 Commissioner Jacobs made reference to lighting for parking and said that they should
23 consider buffers if lighting is used. He said that it has already been a sore point related to the
24 parking deck downtown.
25 Mike Hammersley said that anything that is done would have to follow the Town's
26 ordinances and he has calculated this into his drawings with the parking.
27 Commissioner Gordon said that the zoning is residential and she is concerned about the
28 impact of bringing people into a residential area at night if there were night meetings.
29 Ken Redfoot went through the two floor plans on the PowerPoint. There is a 13,000
30 square foot footprint. The existing library would be very accommodating for a meeting room for
31 the Board of County Commissioners and a theatrical facility. He went through the blueprint of
32 the building. There would have to be some improvements, which would include a handicapped
33 ramp. The meeting room would include 133 seats, with an array of seating. The next plan
34 adds more seating with up to 280 seats.
35 Commissioner Hemminger said that she is excited about this opportunity for a meeting
36 room and a theatrical facility. She thinks that this is a good fit. She asked about the acoustics.
37 Ken Redfoot said that any further planning should include an acoustical engineer.
38 Frank Clifton said that the discussions with the arts group are that the County would
39 construct the shell building and supply it with meeting support structure, and then if the County
40 entered into an agreement with the cultural arts group then this group would bear the finances
41 that would apply to a theatrical unit. He said that this is a feasible opportunity if the Town will
42 work with the County.
43 Commissioner Gordon asked about the size of the meeting space and the cost of
44 building a new meeting room. Ken Redfoot said about 4,900 square feet. A new building
45 construction would cost around $300-400 per square foot.
46 Commissioner Gordon said that according to page 4, it does not look like the Town
47 wants to take responsibility. She said that her personal opinion is that the County
48 Commissioners' meeting room needs to be near the east or west campus downtown. She said
49 that the staff needs to be able to reach this facility easily and the Whitted site does not meet
50 that criterion as well as a site downtown. She said that the parking deck is under-utilized, so
4
1 there should be enough parking downtown. She thinks that the Whitted building could be a
2 great arts facility but not a County Commissioners' meeting room.
3 Commissioner Jacobs said that he would like to hear from the cultural arts people.
4 Orange County Cultural Center Chair John Delconte said that the need for a large
5 performance space has been around for a while and they have been petitioning to use this
6 space for many years. The need is for a space for 300 people along with space for art classes
7 and summer programs and possibly some studio and/or gallery space.
8 Commissioner Gordon asked John Delconte about experience in sharing space in other
9 places. He said that sharing space by different cultural arts groups can pose scheduling
10 conflicts.
11 Commissioner Gordon said that it seemed to her that if there is a need for a cultural
12 center, then it should be just a cultural center and not a multi-purpose facility. She said that this
13 group would need a permanent stage and permanent space. She applauds the effort to try and
14 do all of these things in one facility, but as of now, there is not a permanent space they can
15 control and this group needs that in the long term. She said that the Commissioners should
16 also have their own meeting room. She said that this is why she cannot support this.
17 Commissioner McKee said that he has questions about accommodation from the Town
18 of Hillsborough, especially regarding parking. He is supportive of having a multi-use facility
19 rather than a building strictly for a meeting room.
20 Commissioner Yuhasz said that the Board of County Commissioners and the residents
21 of Orange County deserve a permanent meeting room and too many uses would not fit that
22 picture. He said that everyone that wants to use it will cause scheduling conflicts. He
23 questioned what would happen to this facility if it is not used for one of these proposed uses.
24 He would not want to delay for a few more years because of not doing this. He spoke in
25 support of finding a permanent meeting room downtown that all governmental entities can
26 share.
27 Commissioner Jacobs said that the Board of County Commissioners needs a meeting
28 room in Hillsborough that can be set up for easy access, but he is in favor of adaptive reuses.
29 However, if a new facility is built, it will be low on the priority list, so he thinks that this is a good
30 start to meet multiple needs. He would like to make a decision and move forward. The arts
31 community has been looking for a long time for a usable place. He is in favor of moving ahead.
32 Chair Pelissier agreed with Commissioner Jacobs. She said that this is not ideal, but it
33 is workable. She does not see this as boxing the County in for the long-term.
34 Commissioner Hemminger said that she is supportive of this proposal.
35 Frank Clifton said that the next step will be to approach the Town of Hillsborough about
36 the parking issue. This building is 75-80 years old and not the best meeting space but it is the
37 largest facility that can be turned into a meeting space. He said that if the County does build a
38 meeting space then this can be turned over to someone else or used for storage.
39 Chair Pelissier said that though three of them are saying yes tonight, there are three
40 new Board of County Commissioners coming on the Board of Commissioners and they will be
41 involved in future discussions.
42 Commissioner Gordon said that if it costs $300 per square foot to build a new meeting
43 space, then it would cost $1 .5 million to build a 5,000 square foot meeting room and it could be
44 an addition to the Link Government Services Center. She said that the County Commissioners
45 should look at their long-term space needs. She is supportive of a cultural center at the
46 Whitted building, but not a meeting room.
47
48
49
50
5
1 2. Proposed Revisions to Energy, Water and Fuel Conservation Policies
2 Wayne Fenton from Asset Management Services said that staff is bringing back these
3 policies which have been updated. He made a PowerPoint presentation.
4
5
6 Policies for Utility and Fuel Conservation
7
8 Purpose
9 iiiiiiiiiiiii Review and consider modifications to existing Conservation Policies adopted by Board
10 December 5, 2005:
11 Energy Conservation Policy
12 Water Conservation Policy
13 Vehicle Fuel Conservation Policy
14
15 Background
16 As part of the larger "Environmental Responsibility County Government" goal
17 adopted by the Board at its December 5, 2005 meeting, additional policies were
18 adopted
19 These were aimed at conserving energy, water and fuel
20 Numerous changes in the structure of Orange County government have
21 occurred since these policies were adopted
22 Asset Management Services (AMS) is the County department with lead
23 responsibility for utility and fuel management
24 AMS manages most County facilities and vehicles, including utilities and fuel
25
26 Focus for Proposed Policy Modifications
27 iiiiiiiiiiiii Key Proposed Modifications include:
28 Combining energy and water policies into a single utility policy
29 Replacement of "Energy Conservation Task Group" with focused, quicker
30 responding "Conservation Management Team"
31 Conservation Team includes departments with primary responsibilities for
32 conservation
33 iiiiiiiiiiiii Asset Management Services
34 • Department of Environment, Agriculture, Parks and Recreation
35
36 Unchanged in Modified Policies
37
38 iiiiiiiiiiiii Responsibility for employees to take ownership of conservation activities
39 iiiiiiiiiiiii Responsibility for department heads to promote conservation
40 iiiiiiiiiiiii Focus on "action items" in the form of annual plan
41 iiiiiiiiiiiii Focus on items with greatest potential for reduction (within available budgets)
42 iiiiiiiiiiiii Questions & Comments
43
44
45 Commissioner Jacobs said that he does not see anything about pursuing alternative
46 energy sources or seeking grants to acquire alternative energy sources. He said that Orange
47 County has lighting standards and these should be applicable to the County buildings, such as
48 using energy efficient light bulbs, etc.
6
1 Wayne Fenton made reference to light bulbs and said that each year staff plans to bring
2 forward to the Board different things to continue to meet this goal. He thinks that the County
3 has done a great job with lighting efficiency.
4 Commissioner Jacobs said that it would be good for the document to state that it is the
5 policy to continue to look at this issue. He made reference to page 14 and fuel for County
6 vehicles that is acquired through a card system. He suggested putting "allocation system" so
7 that the wording does not have to be changed every time the system changes.
8 Chair Pelissier asked about the scorecard results and Wayne Fenton said that the
9 scorecard is outside of the budget process.
10 Chair Pelissier said that she would like to see the scorecard as part of the budget
11 process.
12 Commissioner McKee and Commissioner Gordon supported the scorecard being a part
13 of the budget process and getting it out to the public.
14
15 3. Review the Concept of Establishing Three (3) New Fire Service Districts to
16 Improve Property Insurance Ratings and Lower Homeowners' Insurance Costs
17 Michael Talbert said that this is a recommendation coming to the Board from the
18 Emergency Services Work Group for three new fire service districts. He made reference to the
19 yellow document with the email exchanged with Commissioner Gordon and the memo from
20 September 1St that talks about Fire Protection Districts and Fire Service Districts. The County
21 has 12 Fire Protection Districts. The County contracts with the individual fire departments to
22 provide fire services within those districts. The districts were established by election in the
23 1960's and 1970's. Changing those districts becomes difficult. Not long ago, the General
24 Assembly gave counties the option of establishing service districts. A service district is defined
25 by the Board of County Commissioners and is a fairly simple process. Attachment N outlines
26 this process. The third term is a Fire Insurance District. This is a term for the State. This is in
27 Attachment F. He said that there were agreements between Eno and Caldwell recently and
28 insurance districts were created, but the fire protection districts did not change.
29 Commissioner Gordon said that it seems that fire protection district and fire tax district
30 are similar. Michael Talbert explained the difference.
31 Michael Talbert said that right now the County has three Fire Insurance Districts that
32 encompass four different Fire Protection Districts — Damascus, Southern Triangle, Chapel Hill,
33 and South Orange. The proposal is to reconfigure the lines for all of those and come up with
34 three new services. There would be three separate districts with three different providers and
35 three different insurance districts. The insurance district and the service district would be one
36 and the same.
37 Michael Talbert further clarified and made reference to Attachment B. The map is the
38 northern part of the Southern Triangle district (yellow and green). The two gray areas were
39 what was left after annexation of adjacent areas by the Town of Chapel Hill. The area in yellow
40 represents 112 property owners that have an insurance rating of 10. Either they pay double or
41 triple rates or cannot get insurance at all. The goal was to solve this for the 112 property
42 owners and eliminate the two donut holes in gray.
43
44 Attachment A is a map of the existing South Orange Fire Insurance District. Due to the
45 Town of Chapel Hill annexations, the South Orange Fire Insurance District has been split. The
46 Town of Carrboro provides fire protection in the South Orange Fire Insurance District and now
7
1 has to travel through the Town of Chapel Hill to respond to a fire call off Mt. Carmel Church
2 Road. Attachment B shows a detail map of the area and Chapel Hill Fire Station # 5 that is less
3 than one (1) mile from the area outlined in gray. The Town of Chapel Hill is better positioned
4 and willing to provide fire protections for this area in gray. The Town staff is prepared to make
5 that recommendation to the Chapel Hill Town Council. This issue has also been discussed with
6 the Town Manager for the Town of Carrboro. The Town Manager is prepared to recommend to
7 the Carrboro Board of Aldermen that the Town provide fire protection to the proposed new Fire
8 Insurance District (see Attachment C) if the tax rate is adjusted to be revenue neutral for the
9 Town.
10 The area in gray on Attachment B represents 100 parcels and $36,003,769 of real
11 property value. When vehicles and personal property values are added to the real property
12 total, an estimated $37,673,414 of taxable value would be removed from the existing South
13 Orange Fire Insurance District. Attachment D shows the existing property valuation of
14 $556,977,528 for the South Orange Fire Insurance District, the reduction of $37,673,414 of
15 taxable value, and the remaining property valuation of $519,304,114. The estimated tax
16 valuation reduction from the existing South Orange Fire Insurance District equals 6.8% of the
17 total. A fire district tax increase from 7.85 cents to 10 cents would be required to insure that
18 this change is revenue neutral for the Town of Carrboro. This would raise about $75,000 more
19 for the district and the Town of Carrboro.
20
21
22 North Chatham Fire Service District
23 Orange County had received a letter from North Chatham Volunteer Fire Department
24 (Attachment E) indicating that the Department will charge a tax rate of 8.8 cents beginning July
25 1 , 2013. This is the same rate currently charged in Chatham County and a 76% increase over
26 the existing 5 cents. Attachment F is a map of the existing North Chatham Fire Insurance
27 District. Included on Attachment B, in yellow, are 112 homeowners located more than six (6)
28 road miles from the nearest North Chatham Station, but less than three (3) road miles from
29 Chapel Hill Fire Station #5. These homeowners have an insurance rating of 10 (see Attachment
30 G for an example of insurance premiums related to fire insurance ratings).
31 Several homeowners in this area have indicated that they cannot get fire insurance or
32 that the rate has doubled. The only logical Fire Department that could provide fire protection for
33 this area is the Town of Chapel Hill. The Town of Chapel Hill is a municipal fire department
34 which relies on hydrants as its water source to fight fires.
35 The Town of Chapel Hill is better positioned and willing to provide fire protections for this
36 area. Discussions have occurred involving the Town of Chapel Hill Fire Chief and North
37 Chatham Fire Department Chief concerning possible fire and insurance solutions for this area.
38 Attachment H is a map of the existing Greater Chapel Hill Fire Insurance District.
39 Attachment I is a map of the proposed new Greater Chapel Hill Fire Insurance District
40 that includes not only the area proposed to be deleted from South Orange, but also the 112
41 homeowners from Attachment B and additional properties included in the Southern Triangle
42 Fire District that have hydrants.
43 The Town of Chapel Hill staff is prepared to make this recommendation to the Chapel
44 Hill Town Council, and the North Chatham Fire Chief has indicated a plan to make this
45 recommendation to the North Chatham Board of Directors. Attachment J shows a potential
46 new Chapel Hill Fire Service District which includes hydrants.
47 Attachment K is a projection of property values and revenues for the New North
48 Chatham Fire Insurance District. Attachment L is a map of the proposed New North Chatham
49 Fire Insurance District. With a property tax increase from 5 cents to 8.8 cents and a reduction
8
1 of property covered by the district, the net impact for the new district is a revenue increase of
2 $31 ,441 from $213,325to $244,766.
3
4
5
6 Greater Chapel Hill Fire Service District
7 Attachment M is a projection of property values and revenues for the New Greater
8 Chapel Fire Insurance District.
9 The result of these changes is that the homeowners on Attachment B in yellow will save
10 considerable money on fire insurance. It is very likely that the new district will keep a rating of 3
11 or no worse than a 6.
12 Commissioner McKee said that it is critical to get these 112 homeowners out from under
13 that 10 insurance rating.
14 Frank Clifton said that there are no real issues with North Chatham or the Town of
15 Carrboro with this proposal. The real issue is that by giving fire protection to this area it would
16 not allow Chapel Hill to annex this area in some future time. He said that while they have
17 negotiated with staff on this issue, it still has to go before the elected officials of Chapel Hill for
18 approval.
19 Commissioner Yuhasz asked what would happen if the County said no to a tax increase.
20 Frank Clifton said that the fire department could say no to providing service.
21 John Roberts said that if the fire department says no, then the County would have up to
22 a year to find another service provider. However, it was pointed out by staff that since the
23 existing fire service contracts had been canceled, the County only had until June 30, 2013 to
24 negotiate and sign new contracts.
25 Commissioner Yuhasz said that it might be better to take the tax burden off some
26 individuals and spread it around to all residents in that area.
27 Commissioner McKee said that the great majority of these people in Southern Triangle
28 will go to 8.8 cents because North Chatham has to charge them the same as they do in their
29 own district. He said they are not going to discontinue fire service anywhere in Orange County.
30 From February until now the Emergency Services work group has run various scenarios with
31 this proposal. This is not an ideal option and many will get an increase in taxes but with little or
32 no benefits, with the exception of these 112 homes. He said that the 112 homes will get a
33 financial benefit, but the County has to do something to correct the situation. He would have
34 preferred to keep the service district.
35 Commissioner Gordon said that the County will continue to facilitate fire protection. She
36 said that Commissioner McKee is right in that there will be winners and losers. She asked why
37 the fire chiefs did not want the service districts.
38 Commissioner McKee said that his perspective and personal opinion is that fire tax
39 districts are set up by vote of the citizens and are very difficult to set up or change. This
40 prevents meddling by any board. Fire service districts are much more easily changed by a
41 board. He thinks that politics can play a much larger role in the service districts. He likes the
42 certainty of where the districts are and what the districts serve.
43 Commissioner Jacobs asked if the homeowners would be invited to come when this
44 comes back for a vote.
45 Michael Talbert said that the process would be to come back in December to move
46 forward on this issue and try to get it on the calendar as an informational issue for Chapel Hill
47 and Carrboro. If everyone is on board, there could be a public hearing in January. If everyone
48 is in approval, it will move forward through the budget process to establish the tax rates.
49 Frank Clifton said that staff could develop a notice or letter to the residents in these
50 areas affected letting them know about the public hearing.
9
1 Michael Talbert said that the State needs everything before February 1St
2 Commissioner Gordon asked about the residents living in the Southern Triangle being
3 notified and Michael Talbert said that they would be notified during the budget process.
4 Commissioner Gordon said that she has to object to such a late notification.
5 Frank Clifton said that there could be a notification in December and January to the
6 whole area.
7 Commissioner Gordon said that she wants to get all the necessary steps outlined and
8 put into a timeline so that that all the steps can be completed well before the June 30th deadline.
9 She also wants this process to be as transparent as possible. She said that North Chatham
10 and Chapel Hill and Carrboro have been good to provide this fire service over the years and
11 they should be recognized for this.
12 Chair Pelissier thanked everyone from the work group and those from the towns that
13 worked on this.
14 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
15 adjourn the meeting at PM.
16
17 Bernadette Pelissier, Chair
18
19 Donna S. Baker, CMC
20 Clerk to the Board
1
1 DRAFT Attachment 2
2
3 MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 November 20, 2012
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday,
10 November 20, 2012 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough, NC.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners
13 Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve
14 Yuhasz
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
18 Gwen Harvey, Michael Talbert, Clarence Grier, and Clerk to the Board Donna Baker (All other
19 staff members will be identified appropriately below)
20
21 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
22 AGENDA FILE IN THE CLERK'S OFFICE.
23
24
25 1. Additions or Changes to the Agenda
26 The Chair went through the items at the County Commissioners' places:
27
28 - White sheet - PowerPoint for Item 4-a, Presentation of the Comprehensive Annual Financial
29 Report FYE 6/30/2012
30 - Blue Sheet- Proposed corrections from Commissioner Gordon for Item 5-a, Minutes
31 - White Sheet - PowerPoint for Item 6-b,Class A Special Use Permit Major Subdivision —
32 Dunhill (Weekly Homes LLC) — Public Hearing Closure and Action (No Additional
33 Comments from the Public or Applicant Accepted)
34 - White Sheet — PowerPoint for Item 6-c, Zoning Atlas Amendment — Darrell Chandler
35 Conditional Zoning to REDA-CZ-1 — Public Hearing Closure and Action (No Additional
36 Comments from the Public or Applicant Accepted)
37
38
39 PUBLIC CHARGE
40
41 The Chair dispensed with the reading of the public charge.
42
43
44 At this time, the Board recognized Commissioner Foushee, Commissioner Hemminger,
45 and Commissioner Yuhasz for their service with Resolutions. This is their last meeting on the
46 Board of County Commissioners.
47
48 Resolution of Commendation for Commissioner Valerie Foushee:
49
50 ORANGE COUNTY BOARD OF COMMISSIONERS
2
1
2 RESOLUTION OF COMMENDATION
3 FOR
4 COMMISSIONER VALERIE P. FOUSHEE
5
6
7 WHEREAS, the residents of Orange County elected Valerie P. Foushee to the Board of
8 County Commissioners in 2004 and re-elected her again in 2008; and
9
10 WHEREAS, her Board colleagues expressed recognition of, and appreciation for,
11 Commissioner Foushee's service and leadership by electing her as Vice Chair of
12 the Board of Commissioners for 2008 and Chair of the Board of Commissioners
13 for 2009 and 2010; and
14
15 WHEREAS, Valerie P. Foushee has served the residents of Orange County for many years,
16 not only as a County Commissioner but also as an active member of her
17 community; and
18
19 WHEREAS, in 2004, Commissioner Foushee became the first female African American to
20 serve on the Orange County Board of Commissioners; and
21
22 WHEREAS, during her tenure as an Orange County Commissioner, Valerie P. Foushee has
23 shared her talent for leadership and public service through her work on
24 numerous committees, organizations, boards, and institutes of higher learning
25 including the Durham Technical Community College Board of Trustees;
26 President, NC Association of Black County Officials; UNC Board of Visitors; NC
27 Association of County Commissioners (NCACC) Board of Directors; Chair of the
28 NCACC Healthy Living Task Force; NAACP (Chapel Hill-Carrboro Branch;)
29 Orange County Social Services Board of Directors; Chapel Hill/Orange County
30 Visitors Bureau Board of Directors; and the Boys and Girls Club of Eastern
31 Piedmont Board of Directors, and
32
33 WHEREAS, Commissioner Foushee has fought for the rights of residents of Orange County,
34 her genuine concern for others manifests through her tireless advocacy to
35 improve the quality of life for the people of Orange County; and
36
37 WHEREAS, there comes a time when a person decides to pass the torch and adjust priorities
38 accordingly;
39
40 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
41 officially commends Valerie P. Foushee for her years of distinguished service,
42 salutes her voluntary decision to pursue higher public office, looks forward to her
43 continued contributions to the community, and wishes her and her family the very
44 best in their future endeavors.
45
46 BE IT FURTHER RESOLVED that this resolution be presented to Ms. Valerie Foushee, with a
47 copy sent to the media, and that the Resolution be spread upon the minutes of
48 this meeting.
49
50 This the twentieth day of November 2012.
3
1
2
3 Commissioner Foushee thanked the residents of Orange County for the opportunity to
4 serve all of them and she thanked them for their support. She looks forward to serving this
5 area in the legislature.
6
7 Resolution of Commendation for Commissioner Pam Hemminger:
8
9 ORANGE COUNTY BOARD OF COMMISSIONERS
10
11 RESOLUTION OF COMMENDATION
12 FOR
13 COMMISSIONER PAM HEMMINGER
14
15
16 WHEREAS, the residents of Orange County elected Pam Hemminger to the Board of County
17 Commissioners in 2008; and
18
19 WHEREAS, Pam Hemminger has been a resident of Orange County for over 25 years and
20 has served the residents of Orange County faithfully with honor, integrity and
21 distinction for the past four years, including being elected by her peers as Vice-
22 Chair of the Board of Commissioners for 2012; and
23
24 WHEREAS, Commissioner Hemminger has always been mindful of the interests and
25 concerns of Orange County residents and has brought new and innovative ideas
26 to the Board of Commissioners while continually encouraging the Board and staff
27 to think "outside of the box"; and
28
29 WHEREAS, during her tenure as an Orange County Commissioner, Pam Hemminger has
30 shared her talent for leadership and public service through her work on
31 numerous boards and commissions including serving as the Commissioner
32 liaison/member to the Alcoholic Beverage Control (ABC) Board, the Community
33 Home Trust Board, the Orange County Parks & Recreation Council, the
34 Intergovernmental Parks Work Group, the Workforce Development Board-
35 Regional Partnership, Triangle J Council of Governments (Alternate) and the
36 Upper Neuse River Basin Authority (UNRBA), of which she is currently chair;
37
38 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
39 officially commends Pam Hemminger for her hard work, dedication and
40 exemplary service to the people of Orange County, and wishes her and her
41 family the very best in their future endeavors.
42
43
44 BE IT FURTHER RESOLVED that this resolution be presented to Ms. Pam Hemminger, with a
45 copy sent to the media, and that the Resolution be spread upon the minutes of
46 this meeting.
47
48 This the twentieth day of November 2012.
49
4
1 Commissioner Hemminger thanked the Board and said that it was an honor to serve
2 and she enjoyed working with the Board members and getting to know the incredible staff of
3 Orange County. She thanked her family for their support throughout these past 4 years.
4 She is very proud of the work the County Commissioners have all done.
5
6 Resolution of Commendation for Commissioner Steve Yuhasz:
7
8 ORANGE COUNTY BOARD OF COMMISSIONERS
9
10 RESOLUTION OF COMMENDATION
11 FOR
12 COMMISSIONER STEVE YUHASZ
13
14
15 WHEREAS, the residents of Orange County elected Steve Yuhasz to the Board of County
16 Commissioners in 2008; and
17
18 WHEREAS, Steve Yuhasz has served the residents of Orange County with distinction for the
19 past four years, including being elected by his peers as Vice-Chair of the Board
20 of Commissioners for 2011 ; and
21
22 WHEREAS, Commissioner Yuhasz has given freely and unselfishly of his time and energy
23 and through his foresight and leadership, helped promote progressive changes
24 and improvements in the operations and services of Orange County government,
25 while all tempered with common sense, good humor and an approachable and
26 open demeanor — thus enhancing the quality of life for all who reside in or visit
27 Orange County; and
28
29 WHEREAS, during his tenure as an Orange County Commissioner, Steve Yuhasz has shared
30 his talent for leadership and public service through his work on numerous
31 boards, commissions and task forces, including the Orange County Board of
32 Health, the Orange-Person-Chatham Area Programs Board for Mental Health,
33 the OPC Community Operations Center Advisory Board, Communities in
34 Schools (CIS), the Solid Waste Advisory Board ( SWAB), the Solid Waste
35 Elected Officials Work Group, the Durham-Chapel Hill-Orange Work Group, the
36 Rogers Road Water and Sewer Work Group, the Orange County Advisory Board
37 on Aging, Healthy Carolinians, Information Technology Advisory Committee, and
38 the Research Triangle Regional Partnership (RTRP);
39
40
41 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
42 officially commends Steve Yuhasz for his hard work, dedication and exemplary
43 service to the people of Orange County, and wishes him and his family the very
44 best in their future endeavors.
45
46
47 BE IT FURTHER RESOLVED that this resolution be presented to Mr. Steve Yuhasz, with a
48 copy sent to the media, and that the Resolution be spread upon the minutes of
49 this meeting.
50
5
1 This the twentieth day of November 2012.
2
3
4 Commissioner Yuhasz said that it has been a pleasure to work with this Board and the
5 staff.
6
7 Chair Pelissier said that she has enjoyed so much working with all three out-going
8 Commissioners and she thanked them for their many hours of service to Orange County.
9
10
11 2. Public Comments
12 a. Matters not on the Printed Agenda
13 Don O'Leary said that today he has brought the constitution versus the U. N. ICLEI Charter
14 comparison by Richard Rothchild, a County Commissioner in Maryland. He read from this. The
15 document basically had statements that were contradictory. He said that the Constitution
16 represents freedom, but the Article 21 represents government control of all.
17
18 b. Matters on the Printed Agenda
19 (These matters were considered when the Board addressed that item on the agenda
20 below.)
21
22 3. Petitions by Board Members
23 Commissioner Jacobs said that he would like to request for staff to take notes at any
24 public information meeting to share with the BOCC as opposed to summarized notes.
25 Commissioner McKee agreed.
26 Commissioner Jacobs made reference to a petition that he made on November 8t". He
27 said that he did not ask what events were being planned by Orange County. He said that there
28 used to be a person in a position of Veteran's Affairs who organized a Veteran's Day event that
29 was very well attended. He was encouraging the Board to continue this tradition when a new
30 person is hired.
31
32 4. Proclamations/ Resolutions/ Special Presentations
33 a. Presentation of Comprehensive Annual Financial Report FYE 6/30/2012
34 The Board received the Comprehensive Annual Financial Report (CAFR) for the fiscal
35 year ended June 30, 2012.
36 Assistant County Manager/Chief Financial Officer Clarence Grier said that they will be
37 presenting the CAFR for fiscal year ending June 30, 2012. One of the notable things in the
38 audit is that Orange County has had a substantial increase in the fund balance and most came
39 from internal savings from holding positions vacant and consolidation of departments. The fund
40 balance is approximately 21-22%. The goal is 17%. The audit was performed by Martin
41 Starnes, CPA of Hickory, North Carolina. Crystal Waddell, Audit Manager, performed the audit.
42 She presented the financial statement.
43 Crystal Waddell said that they are waiting on the Local Government Commission to
44 approve the report, but she anticipates no changes.
45
46 Orange County
47 2012 Audited Financial Statements
48 Audit Highlights
49 ❑ Unqualified opinion
50 Staff was fully prepared and cooperative
6
1 Budget vs. Actual
2 General Fund
3
4 Tax Collection Percentages
5 Fund Balance History (General Fund)
6 Fund Balance
7
8 Available fund balance as defined by the Local Government Commission (LGC) is calculated as
9 follows:
10
11 Total Fund Balance
12 Less: Non spendable (not in cash form, not available)
13 Less: Stabilization by State Statute (by state law, not available)
14 Available Fund Balance
15
16 This is the calculation utilized as the basis for comparing you to other units and
17 calculating your fund balance percentages.
18 Fund Balance Position-General Fund
19 Total Fund Balance $47,859,506
20 Non spendable - 34,734
21 Stabilization by State Statute - 8,399,062
22 Available Fund Balance $39,425,710
23
24 Available Fund Balance 2011 $28,966,701
25 Increase in Available FB $10,459,009
26 Available Fund Balance as a Percent of Expenditures and Transfers out—General Fund
27
28 Major Enterprise Funds
29 SportsPlex Solid Waste
30 Fund Fund
31 ❖ Total operating revenues $ 2,785,702 $ 8,346,142
32 ❖ Total operating expenses $ 2,691 ,802 $ 10,525,484
33 ❖ Operating Loss $ 93,900 $ (2,179,342)
34
35 Major Enterprise Funds
36 Cash Flow Unrestricted
37 Debt Service From Operations Net Assets
38 Solid Waste $ 554,634 $ 1 ,001 ,323 $ 1 ,854,591
39 SportsPlex $ 593,685 $ 381 ,402 $ 972,165
40
41 Clarence Grier said that this report is in draft format because there is a re-funding item
42 that the LGC is still reviewing, but this is 99.9% done.
43
44 b. Government Finance Officers' Association (GFOA) Certificate of
45 Achievement Award
46 The Board considered recognizing the Financial Services staff of the Orange County
47 Finance and Administrative Services Department for earning the Government Finance Officers'
48 Association (GFOA) Certificate of Achievement for the June 30, 2011 Comprehensive Annual
49 Financial Report (CAFR).
7
1 Clarence Grier said that tonight they get to recognize the Finance staff for this GFOA
2 report. The staff in attendance were Shari Rasberry, Howard Fitz, David Cannel, Michelle
3 Brooks, Kim Cattrell, Katina Perry, and Phyllis Fontes.
4 Clarence Grier accepted the achievement award on behalf of the Finance department.
5
6 c. Proclamation — Emancipation Proclamation 150th Anniversary
7 The Board considered approving a proclamation officially commemorating the 150th
8 anniversary of the Emancipation Proclamation and authorizing the Chair to sign.
9 Colin Austin, Human Relations Commission Co-Chair, said that one of the activities they
10 have been involved in is to plan to recognize the Emancipation Proclamation. There has been
11 a subcommittee that has been meeting with other community organizations and leaders to plan
12 a series of activities. He read the proclamation.
13
14 PROCLAMATION
15
16 150TH Anniversary of the
17 EMANCIPATION PROCLAMATION
18
19 WHEREAS, the Orange County Human Relations Commission is committed to
20 promoting equal treatment, opportunity and understanding throughout the community; and
21
22 WHEREAS, January 1 , 2013 will mark the 150th Anniversary of the issuance of the
23 Emancipation Proclamation by President Abraham Lincoln that declared "that all persons held
24 as slaves" within the rebellious states "are, and henceforward shall be free"; and
25
26 WHEREAS, by this act, thousands of enslaved African men, women and children were
27 set free from the degradation of human slavery; and
28
29 WHEREAS, this Anniversary commemoration recognizes an important period in our
30 country's history and "provides an opportunity for all people of the United States to learn more
31 about the past and to better understand the experiences that have shaped the Nation"; and
32
33 WHEREAS, the Orange County Human Relations Commission encourages Orange
34 County residents to "celebrate in accordance with the spirit, strength, and legacy of freedom,
35 justice, and equality for all people of America"; and
36
37 WHEREAS, Orange County is committed to preserving the progress made in the area
38 of equality during the last 150 years since the issuance of the Emancipation Proclamation;
39
40
41 NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby
42 acknowledge the 150th Anniversary of the Emancipation Proclamation on January 1 , 2013 and
43 encourage and challenge all County residents to learn more about this historic document
44 throughout the year.
45
46 This the 20t" day of November 2012.
47
48
8
1 A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
2 approve a proclamation officially commemorating the 150th anniversary of the Emancipation
3 Proclamation and authorize the Chair to sign.
4 VOTE: UNANIMOUS
5
6 5. Consent Agenda
7 • Removal of Any Items from Consent Agenda
8
9 a. Minutes
10 The Board considered correcting and/or approving the minutes from September 18 and
11 October 2, 2012 as submitted by the Clerk to the Board.
12 Commissioner Gordon made reference to her proposed corrections to the October 2,
13 2012 draft minutes on the blue sheet and she read these:
14
15 QUESTIONS/ COMMENTS - CONSENT AGENDA - 20 NOV. 2012 From Commissioner
16 Gordon
17
18 (I) Item 5-a - October 2, 2012 Minutes
19
20 The Implementation Agreement approved by the BOCC on October 2, 2012 (and also the
21 agreement approved by the DCHC MPO Transportation Advisory Committee on October 10,
22 2012) differs from the signed Implementation Agreement in two ways.
23
24 To make the minutes reflect what was actually approved by the BOCC, the following changes
25 should be made. What the BOCC approved in Paragraph 10 was less ambiguous than the
26 signed version, and what the BOCC approved on the signature page did not have a word
27 spelled incorrectly. ("General Council" should be "General Counsel.")
28
29 A. Page 18
30 Change line 21 to read as follows:
31 The Implementation Agreement, in the form in which it was approved at this meeting, is as
32 follows:
33
34 B. Pages 20 and 21
35 Change line 44 on page 20, and lines 1-4 on page 21 to read as follows:
36
37 10. The Parties agree to develop appropriate benchmarks and timeline
38 to evaluate progress in gaining federal and state financial support for the LRT project in the
39 Plan during the four years following execution of this Agreement, to incorporate these
40 benchmarks and timeline into the Plan during the first four year review, and to use these
41 benchmarks and timeline in the reviews set out in paragraph 9 above and in paragraph 13
42 below.
43
44 C. Pages 22 and 23
45 Change lines 37-40 on page 22 and lines 1-25 on page 23 to read as follows:
46
47 Understood and agreed to and effective as of the date written above, by:
48
49
50
9
1 Orange County
2
3
4
5 Durham-Chapel Hill-Carrboro Metropolitan Planning Organization
6
7
8
9 Research Triangle Regional Public Transportation Authority
10
11
12 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
13 approve the minutes with the proposed corrections made above.
14 VOTE: UNANIMOUS
15
16 n. Senior Care of Orange County, Inc. — Revised By-Laws and Lease
17 Agreement
18 The Board considered two actions concerning Senior Care of Orange County, Inc. (SC
19 of OC, Inc.): approval of revised by-laws for Senior Care of Orange County, Inc.; and approval
20 of a resolution authorizing a lease agreement with Senior Care of Orange County, Inc. and
21 authorized the Chair to sign.
22 Commissioner Gordon asked about the by-laws and why it does not say that residents
23 of the facility need to be residents of Orange County. She also asked why it was not more than
24 simple majority on the board of trustees. She asked the Board of County Commissioners if
25 they want to make members in the future be from Orange County, and if they do, then they
26 would ask staff to figure it out.
27 John Roberts said that any changes the Board of County Commissioners wants to make
28 they can make but whatever changes they make to by-laws may not last because this will no
29 longer be an Orange County board. He said they could tie grant funds to some requirements
30 that they only serve Orange County residents or something of that nature.
31 Commissioner Gordon asked if Orange County would have oversight for finances and
32 John Roberts said no. He said that the services they provide and the clientele they have
33 presents a substantial risk to Orange County. This is why this organization is being separated.
34 Commissioner Gordon said that Orange County leases the space to Senior Care of
35 Orange County, Inc., for a dollar. It is a substantial in-kind donation. She said that the value of
36 the lease may be more than the grant funding.
37 Frank Clifton said that the staff is trying to identify those items that are non-direct cash
38 funding so that future budgets will identify those items and what benefits Orange County is
39 providing.
40 Commissioner Gordon asked if the lease agreement could be done if the Board wanted
41 until December 11th to consider it and John Roberts said yes.
42 Commissioner Hemminger said that she is in support of adding something in the lease
43 agreement to be supportive of Orange County residents, but she does not want to change the
44 bylaws.
45 Commissioner Jacobs suggested asking Janice Tyler to work with the Attorney on this
46 issue and come to the Board at a subsequent meeting for the County Commissioners to review.
47 Commissioner Yuhasz said that he would want Janice Tyler to weigh in on this issue but
48 he would not want to prevent the preponderance of the people being served at all because the
49 organization could not function financially. He wants to make sure that the facility can be kept
50 open.
10
1 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
2 ask staff to bring back this item with recommendations, after the Department on Aging Director
3 and the County Attorney have reviewed it.
4 VOTE: UNANIMOUS
5
6 • Approval of Remaining Consent Agenda
7
8 A motion was made by Commissioner Hemminger, seconded by Commissioner
9 Foushee to approve the remaining items on the consent agenda.
10 VOTE: UNANIMOUS
11
12 • Discussion and Approval of the Items Removed from the Consent Agenda
13
14 a. Minutes
15 This item was removed and placed at the end of the consent agenda for separate
16 consideration.
17 b. Motor Vehicle Property Tax Release/Refunds
18 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
19 property tax values for thirty (30) taxpayer requests that will result in a reduction of revenue in
20 accordance with NCGS.
21 c. Property Tax Releases/Refunds
22 The Board adopted a resolution, which is incorporated by reference, to release property tax
23 values for twenty-five (25) taxpayer requests that will result in a reduction of revenue in
24 accordance with North Carolina General Statute 105-381 .
25 d. Applications for Property Tax Exemption/Exclusion
26 The Board approved seven (7) untimely applications for exemption/exclusion from ad valorem
27 taxation for the 2012 tax year.
28 e. Approval of Formation of Community Giving Fund for Orange County
29 The Board approved the formation of a Community Giving Fund for Orange County to raise and
30 receive donations intended to enhance services and County-supported activities; authorized the
31 Chair to sign an agreement between Orange County and the Triangle Community Foundation
32 to establish, manage and administer this Fund, subject to final review and approval by staff and
33 the County Attorney's Office.
34 f. Fiscal Year 2012-13 Budget Amendment #4
35 The Board approved budget, grant and capital project ordinance amendments for fiscal year
36 2012-13 for Department on Aging, Non-Departmental, Emergency Services, New Hope Fire
37 Department, Sheriff's Department, Carry Forward, Animal Services, Library, Community Giving
38 Fund of Orange County, Historic Rogers Road Neighborhood Community Center, and School
39 Capital Projects.
40 g Application for North Carolina Education Lottery Proceeds for Orange
41 County Schools (OCS) and Contingent Approval of Budget Amendment #4-A Related
42 to OCS Capital Project Ordinances
43 The Board approved and authorized the Chair to sign the application for NC Education Lottery
44 Proceeds; and approved Budget Amendment #4-A receiving the Lottery Funds and the
45 amended OCS Capital Project Ordinances, contingent on the State's approval of the
46 application.
47 h. Proposal to Upgrade the Audio Visual Equipment at Southern Human
48 Services Center, and Approval of Budget Amendment #4-B
49 The Board approved the proposal by Sound Advice, Inc. to upgrade the proposed AV
50 equipment at SHSC, and approved Budget Amendment #4-B.
11
1 L Authorization and Issuance of Up to $20,000,000 General Obligation
2 Refunding Bonds
3 The Board adopted a resolution, which is incorporated by reference, authorizing the issuance of
4 general obligation refunding bonds in the maximum amount of $20,000,000 to refinance
5 existing County bonds.
6 L Proposed Land Donation by Dennis and Linda Brooks
7 The Board accepted the donation of a 1 .07-acre parcel in Cheeks Township from Dennis and
8 Linda Brooks for open space and recreation purposes and authorized DEAPR staff to work with
9 Dennis and Linda Brooks and the County Attorney to prepare a deed for the transfer of the
10 subject property to Orange County.
11 k. Terradotta, LLC Lease Renewal — 501 W. Franklin Street; Suites 105 and
12 106
13 The Board renewed a lease with Terradotta, LLC for Suites 105 for $10,728 per year and Suite
14 106 for $6,432 per year at 501 West Franklin Street through December 2, 2013 and authorized
15 the Chair to sign.
16 L Buckhorn Mebane Utilities Phase 2 Project Easements
17 The Board authorized the Chair to sign easement documents on behalf of the Board;
18 authorized the payment of negotiated easement value to individual property owners; and
19 authorized the County Attorney's office to proceed with legal acquisition of utility easements
20 with court filings, as necessary.
21 m. Housing Bond Program — Rusch Hollow
22 The Board awarded housing bond funds in the amount of $144,304 to Habitat for Humanity for
23 the construction of a rental duplex in the Rusch Hollow subdivision.
24 n. Senior Care of Orange County, Inc. — Revised By-Laws and Lease
25 Agreement
26 This item was removed and placed at the end of the consent agenda for separate
27 consideration.
28 0. Amending the County Manager's Employment Contract
29 The Board approved the amendment of the County Manager's employment contract to allow for
30 an amended hire date and a travel allowance.
31
32 6. Public Hearings
33
34 a. Smoke Free Public Places
35 The Board conducted a public hearing to receive comments from the public regarding
36 smoke free public places and considered approval, by Ordinance, of the Orange County Board
37 of Health's Smoke Free Public Places Rule adopted by the Board of Health on October 24,
38 2012 and authorizing the Chair to sign.
39 Health Director Colleen Bridger introduced this item. She said that the high points are
40 that the Board of Health passed a rule to prohibit smoking in public places, which is defined two
41 ways. First of all, if it is a business where the public is invited indoors, those businesses would
42 be smoke-free. The second group of smoke-free public places would be all of the property and
43 grounds owned by Orange County government or the municipalities - sidewalks, vehicles,
44 grounds, and facilities. She said that if the Board of County Commissioners approves this, the
45 implementation would take effect January 1 , 2013 for a soft implementation and then effective
46 July 1st full implementation would occur.
47
48 PUBLIC COMMENT:
49 Ariel Smith said that she has been involved with Tobacco Reality Unfiltered and tobacco
50 prevention work for the past two years. She asked how much people valued the right to choose
12
1 what they do with their bodies. She said that this goes beyond personal space. She said that if
2 you are close enough to smell tobacco smoke it can adversely affect your health. She said that
3 this ruling is essential. She said that this is the right thing to do.
4 Laurel McMullan attends UNC-Greensboro and said that she was part of a student
5 group who asked the Board of Health to help reduce secondhand smoke when she was in high
6 school. She said that each year 54,000 people die due to secondhand smoke. Secondhand
7 smoke can cause ear infections and asthma in children.
8 Melva Fager Okun has a doctorate in public health and has worked as a Senior
9 Program Manager at NC Prevention Partners for 11 years. She said that she is a national
10 expert in the area of tobacco free spaces. She also works with every hospital in North Carolina
11 to go 100% tobacco free campus wide. She said that North Carolina became the first state in
12 the nation to accomplish this. She spoke about the adverse effects of secondhand smoke.
13 She said that Durham County has already passed this resolution. She asked the County
14 Commissioners to please pass this.
15 Chair of the Board of Health Tony Whitaker thanked the students for encouraging this
16 resolution. He said that the Board of Health took up this matter formally as part of the 2012-
17 2014 strategic planning process. On October 24th, the Board of Health approved the smoke-
18 free public places rule. They are asking for the Board's support of this.
19 Matthew Kelm is a pharmacist member of the Board of Health. He spoke about his
20 personal experience with this rule in Durham County. He is a manager of a 24-hour hospital
21 pharmacy. There are 50 pharmacists and pharmacy technicians that work for him. He said
22 that prior to his starting this job, about 10% of his staff were smokers. At this point, all but one
23 of his employees has either ceased smoking or is in a smoking-cessation program. He highly
24 recommends that the County Commissioners adopt this resolution.
25 Brinklee Bailey is a senior at Chapel Hill High School. She is also involved in Tobacco
26 Reality Unfiltered. She is in full support of this resolution in Orange County. She gave some
27 statistics of secondhand smoke. She particularly spoke about having smoke-free parks
28 because parks are full of children.
29 Stephanie Willis is the coordinator of Health Programs and Services at the Chapel Hill-
30 Carrboro City Schools. She acknowledged the work of the Orange County Health Department
31 Tobacco Reality Unfiltered program, which is a collaboration of the OCS and the CHCCS. She
32 said that this program has been a part of the overall substance abuse prevention program. She
33 said that the students have been taking part in peer education of middle school students of
34 tobacco education. She said that much of the funding for this has been cut at the state level
35 and some of the programs have been lost.
36 Kurt Ribisl is a professor at the UNC School of Public Health. He has also spent the last
37 18 years studying tobacco use prevention and control strategies. He is a strong supporter of
38 tobacco-free environments. He spoke about the dangers of cigarette butts such as the dangers
39 of children putting them in their mouths and the fact that they can kill wildlife.
40 Senator Ellie Kinnaird said that she is here in support of this ordinance. She said that
41 Orange County has been a leader in this state and nation and they should continue to be a
42 leader by passing this ordinance. She said that the cost to the state of smoking-related
43 illnesses is very high. She praised the students of TRU for getting the word out to their peers.
44 Representative Verla I nsko said that she recently received a letter from the North
45 Carolina Restaurant Association praising them for the smoke-free laws passed that affect
46 restaurants and bars. There has been an increase in patronization of restaurants since these
47 laws took effect.
48 Laura Parkinson was here representing the American Cancer Society. She spoke in
49 support of this resolution.
50
13
1 The comments below were submitted via email:
2
3 Good Evening. I'm Terri Tyson and I live in Chapel Hill. I have four kids, including triplets and
4 am a non-smoker. I've worked in Public Health Promotion and Policy research for over two
5 years. As a survey researcher, I have contacted Public Health Directors, elected officials and
6 legislators in all counties in New York and Florida regarding their opinions about local smoking
7 ordinances in their states.
8
9 I believe I am very familiar with most of the local smoking legislation that has been proposed or
10 passed in those states.
11
12 I don't like smoking and was glad when smoking was banned in restaurants; this seemed
13 reasonable. For me, it was a "Don't Tread on Me" issue. I don't like being around smoke;
14 smokers have brought a self inflicted, highly addictive health hazard upon themselves.
15 However, some compassion should be shown. Smokers huddled under a flagpole seem
16 humiliated. There is only one paragraph in the OC rule describing possible smoking cessation
17 interventions, mainly focused on county employees.
18
19 The government highly taxes cigarettes, yet is dependent on the tax revenue that it brings in;
20 the tobacco companies would like to see a profit even while paying out lots in the master
21 settlement agreement, and smokers are caught between the two.
22
23 Research shows high taxes do not deter smokers from buying cigarettes; in fact since the tax
24 does not apply to other tobacco products, the sale of candy flavored cigarillos has increased
25 dramatically. This is an example of an unintended consequence. The grape flavored cigarillos
26 are marketed to youth, and for $1 .49, they are much cheaper than cigarettes.
27
28 Regarding the proposed Orange County smoking rule, I object to the public sidewalk
29 prohibition. Most sidewalks are owned and maintained by the towns and county, so that covers
30 almost everywhere. This is too extensive a rule and is rather draconian. Because smokers are
31 not allowed to smoke anywhere else, including the workplace and the parking lot, they'll be
32 forced to smoke in their cars. Often they are picking up children, so children are riding in smoke
33 filled cars.
34
35 As part of my survey research, we contacted parents who smoke who called their state's
36 Quitline. We also asked their children if the parent smokes in the car with the child present.
37
38 Your ordinance mentions the harmful effects of smoking in a car even with the windows open.
39 Please don't rush to legislate something that will end up being more harmful.
40
41 This is an unintended consequence of your proposed rule.
42
43 Smokers are taxpayers, and remember they are part of the public in public health. A bit of
44 smoke on a remote sidewalk is much less harmful than children having to endure smoke in a
45 car.
46
47 I highly doubt that prohibiting smoking in all the places mentioned in the rule, including all public
48 sidewalks, will cause smokers to quit. There will be other negative results, if the sidewalk
49 portion of the rule is not modified. Please consider limiting the sidewalk rule to areas where
50 people might congregate, like at a bus stop.
14
1
2 Thanks for your consideration.
3
4 Terri Tyson
5 108 Telluride Trail
6 Chapel Hill, NC 27514
7 919-923-2476
8
9 From: Melva Fager Okun (unable to attend but sent an email)
10 I am so thankful that you are considering passing a tobacco-free public spaces ordinance for
11 Orange County. I worked with every hospital in NC to pass tobacco-free campus policies & also
12 helped with our schools going tobacco-free. This will protect everyone from the harmful effects
13 of exposure to secondhand smoke and will encourage tobacco users to quit. I applaud you and
14 strong urge you to pass such an ordinance.
15
16 Melva Fager Okun DrPH
17 NC Prevention Partners
18 919 969-7022 ext. 224
19 Follow NCPP on Twitter @ncprevention
20
21 From: Don Stanford
22 Phone Number: (919) 942-2889
23 Message:
24 This isn't just the obvious and well-documented primary, secondary, and tertiary smoking
25 problem. Apparently good research suggests that the average smoker consumes 10,000
26 cigarettes/year yielding about 3.75 lbs of butts/smoker, most of which winds up as litter. This is
27 the most common form of litter, and is extraordinarily toxic. Almost all cigarettes now have
28 filters, and a cigarette filter takes 18 months to ten years (!) to decompose as its contents leach
29 into the environment.
30 And don't forget the house fire and wildfire problems - millions of dollars in unnecessary
31 property damage, not to mention the lives damaged and lost. Please vote to ban smoking in
32 public places.
33
34 A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to
35 close the public hearing.
36
37 VOTE: UNANIMOUS
38
39 Commissioner McKee said that since he was 15 years old until 2007 he grew tobacco.
40 From 1972 to 1983 he was a heavy smoker. He said that this ordinance covers the towns. He
41 asked the Attorney if the towns' ordinances are more or less restrictive.
42
43 John Roberts said that this rule would not impact more stringently any town ordinances.
44 If the town ordinance is less stringent, the Board of Health ordinance would take precedence.
45 Commissioner McKee asked if discussions had been held with the municipalities to
46 make sure that they are all in agreement.
47 Colleen Bridger said that there was a public leaders' forum for elected officials to
48 express concerns. The leaders in attendance were supportive and were mainly interested in
49 the technicalities surrounding the implementation. She and the Chair of the Board of Health
15
1 were invited to a meeting of the Town of Hillsborough where the elected officials officially voiced
2 their concerns. The draft minutes from that meeting are in the packet.
3 Commissioner Yuhasz said that at the elected officials meeting the Towns of Mebane,
4 Carrboro, and Chapel Hill were represented, but not Hillsborough.
5 Commissioner McKee made reference to the regulation of smoking on private property
6 "where the public is invited." He asked John Roberts to explain "invited." He is concerned
7 when this affects private property.
8 John Roberts said that any privately owned commercial establishment where the public
9 would have reason to go to conduct business by invitation or otherwise, that type of
10 establishment would be covered under this. It would not cover private residence.
11 Commissioner McKee asked about the condominiums and common areas.
12 John Roberts said that condominium owners only own within the walls of the structure.
13 The association still owns the common areas.
14 Colleen Bridger concurred with John Roberts regarding the condominiums and that only
15 common areas would be under this regulation. Regarding the businesses, it is only indoors and
16 not outdoors.
17 Commissioner McKee made reference to the fine of $25 for violators and said that there
18 does not seem to be any consequences if the fine is not paid.
19 John Roberts said that the statute says nothing more than the payment of the cash
20 penalty.
21 Chair Pelissier asked Colleen Bridger to talk about what was discussed in the elected
22 officials meeting.
23 Colleen Bridger said that she needed to clarify the office building issue. She said that
24 the only area that would be covered under this rule would be the common areas in the office
25 building. One of the significant things they wanted to get across is that this is about education
26 and empowerment. They want to make sure that people understand where smoking is allowed
27 and not allowed.
28 Commissioner Gordon said that she is a strong supporter of smoke-free public places.
29 Commissioner Yuhasz said that Commissioner McKee did list a wide range of places
30 where this rule would apply and that is accurate and intentional. He said that there is a wide
31 range of places where people have smoke imposed on them against their will. The purpose of
32 this rule is to minimize those types of activities and to protect people who do not want to smoke
33 or breathe other people's smoke.
34 Chair Pelissier said that to her this is a no-brainer.
35
36 ORD-2012-054
37
38
39 AN ORDINANCE APPROVING AN ORANGE COUNTY BOARD OF HEALTH RULE
40 PROHIBITING SMOKING IN COUNTY AND TOWN BUILDINGS, GROUNDS, VEHICLES,
41 AND PUBLIC PLACES
42
43
44 WHEREAS, in 2009 the North Carolina General Assembly enacted Session Law 2009-27,
45 which authorized local governments and local boards of health to prohibit smoking in certain
46 areas; and
47
48 WHEREAS, rules adopted by local boards of health are generally applicable throughout the
49 county of adoption including within town jurisdictions; and
50
16
1 WHEREAS, on October 24, 2012 the Orange County Board of Health adopted a rule (Attached
2 hereto as Exhibit 1) prohibiting smoking in County and Town buildings, grounds, vehicles, and
3 public places; and
4
5 WHEREAS, the Commissioners of Orange County, believing it to be in the best interest of the
6 citizens and residents of Orange County, have determined that the rule by the Orange County
7 Board of Health prohibiting smoking throughout Orange County is approved.
8
9 NOW THEREFORE BE IT ORDAINED, by the Orange County Board of Commissioners that
10 the Orange County Board of Health Rule prohibiting smoking in county and town buildings,
11 grounds, vehicles, and public places is approved.
12
13
14 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
15 to approve by Ordinance, of the Orange County Board of Health's Smoke Free Public Places
16 Rule adopted by the Board of Health on October 24, 2012 and authorize the Chair to sign.
17 VOTE: Ayes, 6; No, 1 (Commissioner McKee)
18
19 Commissioner McKee said that he sees this as government overreach. He supports
20 funding additional educational efforts. He sees this as an overreach on private properties.
21
22 Commissioner Jacobs said that he is pleased the County Commissioners are doing this
23 and he feels that this is in correlation with the values they hold dear in Orange County.
24
25
26 b. Class A Special Use Permit Major Subdivision — Dunhill (Weekly Homes
27 LLC) — Public Hearing Closure and Action (No Additional Comments from the Public or
28 Applicant Accepted)
29 The Board received the Planning Board recommendation, considered closing the public
30 hearing, and making a decision on a Class A Special Use Permit application submitted by David
31 Weekly Homes LLC proposing a 26 lot single-family residential development off of Mt Sinai
32 Road in accordance with the provisions of Section(s) 2.7 and 5.15.6 of the Unified Development
33 Ordinance (UDO).
34
35 This item was transcribed verbatim as is required for a Class A Special Use Permit.
36
37 Michael Harvey: This is a Class A Special Use Permit request for a major subdivision on Mt.
38 Sinai Road. As is customary, we are going to be asking that this packet of information be
39 entered into the official record in its entirety and that any additional sworn testimony offered this
40 evening also be entered into the record. For everyone's edification, this packet contains the
41 October 3, 2012 Planning Board Abstract Package; additional information supplied to the
42 Planning Board at the October 3, 2012 meeting; excerpts from August 27, 2012 Quarterly
43 Public Hearing minutes; the excerpt of the approved October 3, 2012 Planning Board minutes;
44 a letter, specifically Attachment 5, from the applicant accepting recommended conditions; the
45 Planning Board Recommended Findings of Fact; and last but certainly not least, the script for
46 acting on findings of fact. After a very brief presentation, I will be more than happy to answer
47 any questions you may have.
48
49 Michael Harvey made a PowerPoint presentation.
50
17
1
2 AGENDA ITEM:6B
3 CLASS A SPECIAL USE PERMIT
4 MAJOR SUBDIVISION
5 DUNHILL (WEEKLY HOMES LLC)
6 • PROJECT INFORMATION:
7 • PIN: 9881-15-7138
8 • Size : 68.5 acres
9 • Zoning: Rural Buffer
10 • Future Land Use Map Designation: Rural Buffer
11 • Growth Management System Designation: Rural
12 • Joint Land Use Plan Designation: Rural Buffer — Rural Residential Area
13 • PROPOSAL:
14 • Lots a minimum of 2 acres in area. Overall density for project is 1 dwelling unit for every
15 2 acres,
16 • Roads developed to NC DOT public road standard with DOT assuming maintenance,
17 • Lots 1-22 served by on-site septic systems. Lots 23-26 served by off-site septic area.
18 Utility easement located outside of proposed right-of-way,
19 • Development served by community well, located on an open space lot with a picnic
20 shelter for use by residents,
21 • Type B — 30 foot perimeter buffer along with street trees and foliage planted in between
22 individual lots.
23
24 SITE PLAN:
25 PLANNING BOARD RECOMMENDATION:
26 • Reviewed item at its October 3, 2012 regular meeting.
27 • Determined project density is consistent with Comprehensive Plan and the Joint
28 Planning Land Use Plan.
29 • Board did not recommend imposition of a condition requiring a trail connecting to TLC
30 owned property.
31 • Recommended approval finding the applicant complied with the standards of the UDO.
32
33 RECOMMENDATION:
34 1 . Receive the Planning Board recommendation,
35 2. If necessary, deliberate further on the application,
36 3. Close the public hearing,
37
38
39 Michael Harvey: There is an existing stream through this portion of the property. You will
40 recall from the August Quarterly Public Hearing we introduced into the record a letter from
41 Orange County Erosion Control relating to the completion of a surface water investigation that
42 certified that the stream does indeed stop and restart, so the applicant is showing the
43 appropriate buffer on the site plan.
44
18
1 Attachment 6 of this packet is the Planning Board's recommendation with various findings. You
2 will recall that with Special Use Permits, decisions are based on competent material and
3 substantial evidence entered into the record. The Planning Board found sufficient evidence in
4 the record that the applicant complied with all requirements in terms of a Class A SUP
5 Application and Major Subdivision Applications; that the applicant complied with all development
6 design criteria; that the applicant had complied with all specific and general standards in the
7 UDO for the issuance of the special use permit. Ultimately, the Planning Board recommended
8 the imposition of numerous conditions, which you will find at the end of Attachment 6 regarding
9 the overall development of this property.
10
11 The recommendation tonight is that you receive the Planning Board recommendation; if
12 necessary, deliberate further; close the public hearing; and that you take action on this request
13 by utilizing the script staff has provided to you in Attachment 7 to review and approve the
14 various findings of fact associated with this project; and that ultimately you have a vote to
15 approve the special use permit and impose the recommended conditions as recommended by
16 the Planning Board. What the Planning Board has essentially recommended is that you find
17 the applicant has met their burden with respect to compliance with Section 2.2 and 2.7.3 of the
18 Orange County Unified Development Ordinance and that they have complied with all of the
19 allocations and requirements. You have the opportunity in affirming this to essentially utilize
20 and refer the Planning Board recommendation. Having said that, if the motion is to reject this
21 finding, you're going to have to come up with your rationale for the evidence that's in the record
22 justifying that finding. As I move on, the Planning Board has voted to affirm that the applicant
23 has met their burden with respect to complying with Section 2.7.5 of the UDO. This section
24 deals specifically with public notice and public advertisement. They determined that there was
25 sufficient evidence in the record and to make this an affirmative finding.
26
27 The next motion will be concerning to affirm or reject compliance with Section 7.14.2. Once
28 again, the Planning Board voted unanimously to find that there was sufficient evidence in the
29 record to make this determination. The next motion will deal with affirming or rejecting
30 compliance with Section 5.15.6 of the UDO, which deals with the special use permit composed
31 within the subdivision. Once again, the Planning Board voted unanimously to find that the
32 applicant complied.
33
34 Next, you're going to be asked to affirm or to reject the Planning Board's finding with respect to
35 compliance with Section 5.3.2b where the applicant is required to demonstrate compliance with
36 the adequacy of proposed sewage storage facilities and adequacy of public safety protection.
37 The Planning Board made an affirmative finding that the developer had met their burden.
38
39 Last, but certainly not least, is the finding of the general regulatory standards as contained
40 within Section 5.3.2.a.2.a. The first one being is that the use will maintain or promote the
41 health, safety, or general welfare. Within the script and within Attachment 6, which is the
42 findings of fact, you will note that the Planning Board made several references to evidence
43 entered into the record and how they confirmed their finding. The same with Section
44 5.3.2.a.2.b, which was a requirement that the applicant demonstrate that the proposed use
45 maintain the value of contiguous property. Again, you will note the Planning Board made an
46 affirmative finding, listing specifically those items in the record that would justify their finding.
47
48 Finally the Planning Board made an affirmative finding with respect to 5.3.2.a.2.c that the use is
49 in harmony with the area in which it is to be located and it is in compliance with the plan for
19
1 physical development of the County as provided in these regulations, specifically the UDO and
2 the Comprehensive Plan.
3 Madame Chair, I would be happy to answer questions at this time, however, before questions
4 are asked I would ask that the Board acknowledge and have a motion to place this agenda
5 packet into the record.
6
7 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to
8 place this agenda packet into the record.
9 VOTE: UNANIMOUS
10
11 Chair Pelissier: So we can have further discussion before we close the public hearing,
12 because after that, we cannot. Any questions, any comments before we close the public
13 hearing?
14
15 Commissioner Jacobs: I have several questions. I have a question for the County Attorney
16 about the applicant's assertion that a condition that the Triangle Land Conservancy might close
17 a trail that could result in an invalidation of their special use permit. Have I heard that
18 correctly? Could you just address whether that is in fact a valid assertion?
19
20 John Roberts: I don't remember hearing that. Is that in the packet somewhere?
21
22 Commissioner Jacobs: I thought that's what Mr. Harvey said.
23
24 Michael Harvey: That's correct. It's actually contained in Attachment 2. As a summary, the
25 Triangle Land Conservancy indicated that they would allow a trail to be extended. They require
26 the applicant to bear some financial burden and pay for stewardship and that TLC technically
27 reserves the right to limit or require the trail to close in the event it became a potential hazard
28 on the property. The applicant's response, and I'm paraphrasing somewhat, essentially
29 indicates that they would not want to go to the expense of developing and installing the trail if it
30 is subject to be closed by TLC, and #2, if they are required to have the trail which is
31 subsequently required to be closed they would not want to create a situation causing a
32 technical violation of the SUP and therefore risk having the SUP revoked.
33
34 John Roberts: I don't know that this Board or any board could mandate that they open a trail
35 on another property. I don't agree that that's something within this Board's power. If the
36 mandate is that they maintain a trail on this portion of the property, all they would have to do is
37 do that to remain in compliance with their special use permit. There can be no mandate that
38 they open a trail on another property.
39
40 Commissioner Jacobs: If I can follow up, theoretically, if the trail connection is made to the
41 TLC property, then it would be up to either the developer or the homeowners' association to
42 negotiate with Triangle Land Conservancy whether or not there would be an adequate
43 connection.
44
45 John Roberts: That is correct.
46
47 Commissioner Jacobs: Another question I had, on page 6, the fifth bullet: "BOCC members
48 requested additional information on the operational parameters of the off-site septic field. The
49 applicant agreed to supply additional information." Is that additional information in here about
20
1 how this system is going to work across the property? Let me add that one reason that I ask is,
2 those of us who remember the Piney Mountain subdivision on Mt. Sinai Road, it was a
3 development that had a state-approved system, a pumping system, and it was not adequately
4 installed or maintained, and the City of Durham and OWASA had to come in through the rural
5 buffer and bring water and sewer. I'm sure we don't want to get into a situation where we
6 create a public health hazard. I was hoping that there would be additional explanation of how
7 this was going to work, especially since we're not privy to the details of the homeowners'
8 association based on our own regulations. Do we have more information?
9
10 Michael Harvey: Commissioner Jacobs, staff has commented on that issue within the
11 abstract. What was provided to staff by the applicant in addressing that very question is
12 contained within additional correspondence, which you will find beginning on page 10. On page
13 12, specifically focusing on the trail, this was an email from Jeff Masten. Beginning on page 14,
14 you have the applicant written responses to all questions from the Quarterly Public Hearing,
15 which includes, beginning on page 23, the applicant provided additional groundwater data to
16 address this very issue. Ultimately this represents the applicant's response to your inquiry.
17 would also remind the Board, at the August Quarterly Public Hearing, a memorandum was
18 entered into the record from the Orange County Health Department. This memorandum
19 contained a statement by the sanitarian indicating he had no concerns over the system. It also
20 contained the state-mandated regulatory requirements for off-site systems, specifying how
21 outside systems are to be operated, functioning, and maintained. I believe comments were
22 made at the August Quarterly Public Hearing that it would be inspected every five years, that
23 there were HOA requirements in terms of maintenance and guaranteeing the adequacy of the
24 system and maintenance of the common septic area. The Planning Board recommended in
25 addition that the easement language be reviewed and approved by Tom Konsler as well as the
26 County Attorney before final project location. Unfortunately, specific information was not
27 provided on the actual pump system proposed for use to get affluent to these off-site septic
28 areas in order to relay that information to you this evening
29
30 Commissioner Yuhasz: I would like to ask a follow-up question about that. These remote
31 systems are individual systems in a remote area, not a common system, is that correct?
32
33 Michael Harvey: That's correct, and that's one of the conditions.
34
35 Commissioner Yuhasz: So, if there was a failure, it would be a failure of just one system.
36
37 Michael Harvey: That's correct.
38
39 Commissioner Yuhasz: So it's really not the same kind of situations that we faced at Piney
40 Mountain where there was a community system that failed catastrophically and affected many
41 houses.
42
43 Michael Harvey: Not knowing much about Piney Mountain, I'm sorry for my ignorance.
44
45 Chair Pelissier: I want to follow up on that too. I think I read in the abstract somewhere that
46 those sites had to have a repair site as well.
47
48 Michael Harvey: That's a correct statement.
49
21
1 Chair Pelissier: So they have to have a repair field, just like any individual system has to have
2 a repair field.
3
4 Michael Harvey: Correct, and that's also articulated in the Orange County Health
5 Department's memorandum that was entered into the record at the August 27th Quarterly Public
6 Hearing.
7
8 Commissioner Jacobs: I suppose either the Attorney or the Planning Director or Mr. Harvey
9 could answer this. We specifically do not ask to see a homeowners' association agreement
10 before we approve a development. Why is that? Is that beyond our purview? Did we decide
11 that it's too intrusive? The reason I ask is because we're being assured by the developer that
12 the homeowners' association is going to be diligent in caring for this, but we don't actually get to
13 see what the agreement is.
14
15 John Roberts: That is a policy I'll defer to the Planning Director on.
16
17 Michael Harvey: I can answer unless the Director wishes to respond directly. Typically, one of
18 the reasons we don't ask for that documentation is because it's a private agreement. We
19 impose the conditions that actually stipulate or require the physical development of the project.
20 Private homeowner's documents establish local development criteria controlling development
21 consistent with any imposed conditions or county regulations. Typically this has been a staff
22 review. The condition imposed with most subdivisions is that the County Attorney and Planning
23 Director review and approve the homeowners' association document and certify that it complies
24 with all conditions associated with approval of the project. We typically do not ask that it be
25 created ahead of time because we don't know how it's going to be developed, what conditions
26 are going to be imposed, what's going to be included, or the information that's going to be
27 necessary in order to address any concerns expressed at any of the public hearings.
28
29 Commissioner Jacobs: So, if I may make a comment. There's a lot of discussion in the last
30 session of the legislature about homeowners' associations and what they do and fail to do.
31 One of the reasons that I asked the developer for more information about how the homeowners
32 association was going to deal with this remote septic area was because we do not get to see
33 the homeowners' association agreement. And since the developer did not aim to give us that
34 information, we're just going to have to hope that a group of people who may not necessarily
35 ever look at that field, because they don't live anywhere near it, are going to maintain its public
36 health and safety.
37
38 Michael Harvey: I just want to remind the Board that obviously any agreement associated with
39 the outside septic areas is going to be reviewed by the County Attorney and the Engineer.
40 Obviously, Environmental Health has to be involved, not only in permitting, but also in approving
41 the language of the governance of the outside septic.
42
43 Commissioner Gordon: I would just like the follow up on the off-site septic. So specifically
44 what you're saying is Environmental Health said that this was alright.
45
46 Michael Harvey: Yes ma'am. They said that the system has to be permitted, but they do not
47 see any issues that would prevent an off-site system from being developed.
48
22
1 Commissioner Gordon: In terms of the evidence submitted. Some of it was written
2 evidence. As I recall, there was a lot of evidence that needed follow up. I didn't know the
3 status of that.
4
5 Michael Harvey: My answer to that is that you have sworn testimony that has been placed into
6 the record, you have written responses to various questions entered into the record, you have
7 staff memorandum detailing the approvability of the project entered into the record, all of which
8 represents the competent testimony and material evidence that can be utilized to render a
9 decision. The Planning Board has obviously determined there is sufficient evidence in the
10 record, including responses to concerns, justifying a recommendation to approve the project.
11 Items that are here this evening will also be entered into the record.
12
13 John Roberts: The record before you is the only record or evidence that you can consider in
14 making a decision. You're not getting more evidence tonight, because that is not the purpose
15 of what this was, but the Planning Board received considerable additional information that you
16 did not hear at the Quarterly Public Hearing, so what they received is now for your
17 consideration.
18
19 Commissioner Gordon: The last thing is a requirement about whoever reads the motion.
20 There is a burden to cite evidence. What I recall from other times is, the burden of proof
21 varies. There are all these rules about it, but what seems to be operative here is whichever
22 motion you make, you need to cite the evidence.
23
24 Michael Harvey: We provided you a script.
25
26 Commissioner Gordon: I know there is a script, but it says to cite the evidence.
27
28 Michael Harvey: Yes ma'am. The script actually provides you the mechanism where you can
29 do that if you're affirming the Planning Board recommendation. If you choose not to affirm the
30 Planning Board recommendation, it is up to the councilmember making that motion to enter the
31 evidence into the record justifying that motion. Let me also clarify that when you get to the
32 provisions of Section 5.3.2, a, b, and c, which are the general findings at the end, you will have
33 to indicate that information verbatim as identified in the script. A Commissioner making that
34 motion will have to read that into the record verbatim.
35
36 John Roberts: If a Commissioner believes that the record does not have enough competent
37 material or substantial evidence to meet the applicant's burden of proof, that can be substituted
38 into some of these motions. You do not have to go back and look at specific line items in the
39 record and say that, `this is what I don't agree with." You can set aside the entire record and
40 say, "I do not believe that this record has enough competent material and substantial evidence
41 to meet the applicant's burden of proof."
42
43
44 SCRIPT FOR ACTING ON DUNHILL - DAVID WEEKLY HOMES LLC
45
46 A motion was made by Commissioner Hemminger seconded by Commissioner Yuhasz to
47 close the public hearing.
48 VOTE: UNANIMOUS
49
23
1 Chair Pelissier: We need to turn to motions. We can turn to page 136. Actually it really starts
2 on page 137, the first motion. I will ask that whoever is making the motion read the motion as it
3 is written here and when we get to the part where we have to actually cite the evidence, it's all
4 written here. And we have it up here on the screens.
5
6 a. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
7 affirm the recommendation of the Planning Board concerning the application's
8 compliance with the provisions of Section(s) 2.2 and 2.7.3 of the Orange County Unified
9 Development Ordinance as detailed within Attachment 6 of the abstract package.
10 VOTE: UNANIMOUS
11
12 b. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
13 affirm the recommendation of the Planning Board concerning the application's
14 compliance with the provisions of Section 2.7.5 of the Orange County Unified
15 Development Ordinance as detailed within Attachment 6 of the abstract package.
16 VOTE: UNANIMOUS
17
18 c. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
19 affirm the recommendation of the Planning Board concerning the application's
20 compliance with the provisions of 7.14.2 (B) of the Orange County Unified Development
21 Ordinance as detailed within Attachment 6 of the abstract package.
22
23 VOTE: UNANIMOUS
24
25 d. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
26 affirm the recommendation of the Planning Board concerning the application's
27 compliance with the provisions of 5.15.6 of the Orange County Unified Development
28 Ordinance as detailed within Attachment 6 of the abstract package.
29
30 VOTE: UNANIMOUS
31
32 e. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
33 affirm the recommendation of the Planning Board concerning the application's
34 compliance with the provisions of Section 5.3.2 (B) of the Orange County Unified
35 Development Ordinance as detailed within Attachment 6 of the abstract package.
36
37 DISCUSSION:
38
39 Commissioner Gordon: I do not find in the record enough competent material or substantial
40 evidence to meet the applicant's burden of proof.
41
42 Commissioner Jacobs: You're talking about `e', Commissioner Gordon?
43
44 Commissioner Gordon: B, actually. This is the one that has sewage disposal facilities. It is
45 5.32B.
46
47 Commissioner McKee: To be specific, I am now reading the handout. I make a motion to
48 affirm the recommendation of the Planning Board concerning the application's compliance with
24
1 the provisions of Section 5.3.2 (B) of the Orange County Unified Development Ordinance as
2 detailed within Attachment 6 of the abstract package.
3
4 Commissioner Gordon: What I was going to say is that I did not find enough competent
5 material or substantial evidence in the record to meet the applicant's burden of proof.
6
7 John Roberts: That's correct, and what that deals with is the standards for a special use
8 permit, "use will maintain and promote public health, safety, and general welfare," etc.
9
10 Commissioner Jacobs: I agree with Commissioner Gordon, I think the developer could have
11 easily satisfied my concerns and just did not choose to do so. So I left wondering whether we
12 do have sufficient substantial evidence.
13
14 John Roberts: If I could correct my previous statement. B is for the specific standards.
15
16 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
17
18 f. A motion will need to be made regarding compliance with Section 5.3.2(A)(2) of the
19 Ordinance.
20
21 i. A motion was made by Commissioner McKee, seconded by Commissioner
22 Yuhasz that there is sufficient evidence in the record the project complies with
23 Section 5.3.2 (A)(2)(a) of the UDO in that the use will maintain and promote the
24 public health, safety, and general welfare, if located where proposed and
25 developed and operated according to the plan as submitted.
26
27 Chair Pelissier: I think here we actually have to also add Commissioner McKee to make a
28 complete motion. If you look on page 139 we actually have to cite all material evidence. If
29 you'll just continue the motion starting at the top of 139.
30
31 John Roberts: You don't have to read each bullet. If you want to site the page number and
32 the bulleted information, I'm comfortable that it's adequate to defend this in the event of any
33 litigation.
34
35 Commissioner McKee: Then I have one more sentence to read at the top of page 139. This
36 motion is based on competent material and evidence entered into the record of these
37 proceedings, including the bullets listed on the top 3/4 of page 139 of Attachment 7.
38
39
40 • The August 27, 2012 Quarterly Public Hearing agenda packet and the October 3, 2012
41 Planning Board agenda packet containing the following information:
42 • The application package and project narrative contained within Attachment 1 of the August 27,
43 2012 Quarterly Public Hearing package.
44 • A letter from Joe Lyle, real estate broker, indicating the project will not impact the value of
45 adjacent property contained within Attachment 1 of the August 27, 2012 Quarterly Public
46 Hearing package.
47 • The environmental report contained within Attachment 1 of the August 27, 2012 Quarterly
48 Public Hearing package
25
1 • Various letters from the State Department of Cultural Resources indicating no significant
2 impact as the result of the proposed development contained within Attachment 1 of the August
3 27, 2012 Quarterly Public Hearing package.
4 • Staff memorandum contained within Attachment 3 of the August 27, 2012 Quarterly Public
5 Hearing package.
6 • Applicant, engineer, and staff testimony from the August 27, 2012 Quarterly Public Hearing
7 and the October 3, 2012 Planning Board meeting.
8 • The applicants letters, dated September 25, 2012 and October 2, 2012, addressing questions
9 about the project. and
10 • A lack of competent material and substantial evidence entered into the record demonstrating
11 the project's lack of compliance with established standards.
12 If the motion is to find there is insufficient evidence in the record to find the project is in
13 compliance with Section 5.3.2 (A) (2) (a), the Commissioner making the motion will have to
14 specifically denote what is absent and explain what, if any, evidence is in the record disputing
15 the claims of the applicant that they are in compliance with Section 5.3.2 (A) (2) (a).
16
17 Commissioner Gordon: Again, I don't feel that there is enough competent material or
18 substantial evidence in the record to meet the applicant's burden of proof. These are general
19 findings and the others were specific.
20
21 Commissioner Jacobs: I think that the fact that we asked for additional information that would
22 have satisfied some of the Commissioners' concerns and it was not given shows that there is
23 disrespect to the Commissioners, the residents, and the environment and we should not just
24 accept that this is the way we do business in Orange County.
25
26 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
27
28 ii. A motion was made by Commissioner McKee, seconded by Commissioner
29 Hemminger finding there is sufficient evidence in the record the project complies
30 with Section 5.3.2 (A) (2) (b) of the UDO in that the use will maintain the value of
31 contiguous property. This motion is based on competent material and evidence
32 entered into the record of these proceedings, including the bullets listed in the
33 top 3/4 on page 140, Attachment 7.
34
35 • The application package and project narrative contained within Attachment 1 of the August 27,
36 2012 Quarterly Public Hearing package.
37 • A letter from Joe Lyle, real estate broker, indicating the project will not impact the value of
38 adjacent property contained within Attachment 1 of the August 27, 2012 Quarterly Public
39 Hearing package.
40 • Applicant testimony from the August 27, 2012 Quarterly Public Hearing and the October 3,
41 2012 Planning Board meeting. and
42 • A lack of competent material and substantial evidence entered into the record demonstrating
43 the project's lack of compliance with established standards. If the motion is to find there is
44 insufficient evidence in the record to find the project is in compliance with Section 5.3.2 (A) (2)
45 (b), the Commissioner making the motion will have to specifically denote what is absent and
46 explain what, if any, evidence is in the record disputing the claims of the applicant that they are
47 in compliance with Section 5.3.2 (A) (2) (b).
48
49 Commissioner Gordon: Again, I don't believe that the record shows enough competent
50 material and substantial evidence to meet the applicant's burden of proof.
26
1
2 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
3
4 iii. A motion was made by Commissioner Yuhasz, seconded by Commissioner
5 McKee finding there is sufficient evidence in the record the project complies with
6 Section 5.3.2 (A) (2) (c) of the UDO in that the use is in harmony with the area in
7 which it is to be located and the use is incompliance with the plan for the physical
8 development of the County as embodied in these regulations and in the
9 Comprehensive Plan. This motion is based on competent material and evidence
10 entered into the record of these proceedings, including: bulleted items at the top
11 of page 141 , Attachment 7.
12
13
14 • The application package and project narrative contained within Attachment 1 of the August 27,
15 2012 Quarterly Public Hearing package.
16 • Applicant, engineer, and staff testimony from the August 27, 2012 Quarterly Public Hearing
17 and the October 3, 2012 Planning Board meeting.
18 • The applicants letters, dated September 25, 2012 and October 2, 2012, addressing questions
19 about the project .and
20 • A lack of competent material and substantial evidence entered into the record demonstrating
21 the project's lack of compliance with established standards.
22 If the motion is to find there is insufficient evidence in the record to find the project is in
23 compliance with Section 5.3.2 (A) (2) (c), the Commissioner making the motion will have to
24 specifically denote what is absent and explain what, if any, evidence is in the record disputing
25 the claims of the applicant that they are in compliance with Section 5.3.2 (A)(2) (c).
26
27 Commissioner Gordon: Same statement. There is not enough competent material and
28 substantial evidence to meet the applicant's burden of proof.
29
30 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
31
32 7. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
33 approve the Special Use Permit with the conditions attached as listed within Attachment 6.
34
35 Commissioner Gordon: Mr. Attorney, do I have to make that same statement here?
36
37 John Roberts: You can again make that statement at that point.
38
39 Commissioner Gordon: I don't believe there's enough competent material and substantial
40 evidence in the record to meet the applicant's burden of proof.
41
42 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
43
44
45
46 c. Zoning Atlas Amendment — Darrell Chandler Conditional Zoning to REDA-
47 CZ-1 — Public Hearing Closure and Action (No Additional Comments from the Public or
48 Applicant Accepted)
49
50
27
1 The Board received the Planning Board recommendation, considered closing the public
2 hearing, and making a decision on a Zoning Atlas amendment request submitted by Mr. Darrell
3 Chandler to rezone a 12-acre portion of a 35.8 acre parcel of property (PIN 0910-34-5040) to
4 NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ-1) Conditional
5 Zoning and receiving site plan approval for a proposed self-storage facility.
6 Michael Harvey went through this item. He said that they are now required to have two
7 separate statements for rezoning. There also has to be a separate resolution establishing the
8 compliance with the Comprehensive Plan or lack thereof. There will have to be two actions.
9 The Board will have to either approve attachment 8 and 10 in that order and then make a
10 decision that the project is consistent with the Comprehensive Plan, or it will deny it and
11 adopting a resolution that the project is inconsistent with the Comprehensive Plan.
12
13 AGENDA ITEM:6C
14 CONDITIONAL ZONING ATLAS AMENDMENT AND SITE PLAN
15 DARRELL CHANDLER SELF STORAGE
16
17 • PROJECT INFORMATION:
18 • PIN: 0910-34-5040
19 • Size : 35.8 acres. Property is separated by Mile Branch Road.
20 • Zoning: Agricultural Residential
21 • Future Land Use Map Designation: Agricultural Residential
22 • Growth Management System Designation: Rural
23 • PROPOSAL:
24 • Build out of project will include maximum of 13 individual storage buildings containing
25 approximately 400 individual storage lockers,
26 • Development intended to be completely located south of Mile Branch Road,
27 • Site enclosed by chain link fence with barbed wire on top,
28 • Applicant proposing land use buffer along majority of property line — not proposing to
29 plant foliage along common property line with cement plant
30 • No septic or well proposed for project,
31 • Access shall be off of Mile Branch through security gate,
32 • Applicant intends to have small office for storage rental and some retail (i.e. sale of
33 packing supplies, tape, etc.) associated with storage business. This office will be
34 located across the street from the self-storage lockers,
35 • Applicant is proposing limited storage of vehicles on property (i.e. outdoor storage of
36 parked vehicles)
37 • SITE PLAN — PHASE I:
38 • SITE PLAN — BUILD OUT:
39 PLANNING BOARD RECOMMENDATION:
40 • Reviewed item at its October 3, 2012 regular meeting.
41 • Board members determined proposed land use buffers along NC 57, Mile Branch Road,
42 and adjoining property lines were acceptable and did not recommend augmentation.
43 • Board members recommended a condition requiring a well be installed after Phase 1 of
44 the project is completed
45 • Board voted unanimously to recommend approval
46 RECOMMENDATION:
28
1 • Receive the Planning Board recommendation,
2 • If necessary, deliberate further on the application,
3 • Close the public hearing
4
5
6 The conditions are on pages 92-93 and there are 14 of them, and he listed them:
7
8 1 . The property shall be utilized only as a self-storage facility developed consistent with
9 the submitted site plan.
10 2. Staff shall prepare a "Declaration of Development Restrictions and Requirements"
11 outlining all conditions and development limitations associated with this project that
12 the applicant shall record within the Orange County Registrar of Deeds office within
13 12 months of approval.
14
15 This document shall include an explanation of the allotment of impervious surface
16 limits supporting the development of the proposed self-storage facility as well as the
17 applicant's remaining property.
18 3. The proposal calls for the development of the project is 2 phases. Prior to the
19 commencement of the earth disturbing activity for Phase 2 of the project, the
20 applicant shall apply for and install a well in accordance with applicable Orange
21 County Health Department requirements.
22 4. Retail sales from the proposed rental office shall be limited to packing supplies (i.e.
23 boxes, table, packing materials, etc.) and shall not involve the sale of general retail
24 items such as food, drinks, or other similar items not consistent with the use of the
25 property as a self-storage facility.
26 5. The applicant shall be required to obtain final approval for the proposed dumpster
27 pad location from Orange County Solid Waste prior to the commencement of earth
28 disturbing activity.
29 6. The applicant shall be required to obtain stormwater and erosion control permits
30 from Orange County Erosion Control prior to the commencement of earth disturbing
31 activity.
32 7. The applicant shall be required to obtain a driveway permit from the North Carolina
33 Department of Transportation prior to the commencement of earth disturbing activity.
34
35 The applicant shall provide the Orange County Planning Department with a copy of
36 this permit.
37 8. The applicant shall be required to obtain building permits from the Orange County
38 Inspections Department prior to the commencement of construction activity.
39 9. The applicant shall be required to obtain sign permits from the Planning Department
40 in accordance with the provisions of the Orange County Unified Development
41 Ordinance.
42 10. The applicant shall be required to maintain all required land use buffers in perpetuity
43 in accordance with the requirements of Section 6.8 of the Orange County Unified
44 Development Ordinance.
45 11 . No ancillary commercial or residential use of individual storage facilities shall be
46 permitted. This includes the use of storage facilities for automotive repair or retail
47 sales.
48
49 The applicant shall include this prohibition within storage unit lease documents
50 informing clients of the prohibition.
29
1 12. No hazardous materials shall be stored on the property.
2
3 The applicant shall include this prohibition within storage unit lease documents
4 informing clients of the prohibition.
5
6 13. All required landscaping, as denoted on the site plan, shall be installed prior to the
7 issuance of a Certificate of Occupancy allowing for the units to be rented/occupied.
8 14. The applicant shall contract with a private solid waste contractor to remove trash
9 from the site consistent with the submitted site plan and in accordance with the
10 Orange County Solid Waste Management Ordinance.
11
12 Commissioner Yuhasz asked about condition 2 and said that it is not tied to any specific
13 development activity.
14
15 Michael Harvey suggested that when making the motion to revise condition 2 that staff
16 record the final agreement within 90 days from approval.
17 John Roberts asked Mr. Chandler if he was ok with the condition and he said yes.
18 Commissioner Jacobs made reference to condition #13 and landscaping. He said that
19 the accepted build out for Phase I did not have landscaping.
20 Michael Harvey said that if the site plan is approved then the landscaping has to be
21 installed as construction commences consistent with this approval.
22 Commissioner Jacobs said that staff was good enough to provide the information that
23 was requested. He made reference to page 61 and said that he cannot tell about the buffer on
24 this page or on page 54.
25 Michael Harvey said that on page 61 there is a continuous buffer. Regarding page 54,
26 this is an intermittent buffer.
27 Commissioner McKee made reference to page 54 and said that a buffer will be much
28 smaller when it is planted.
29
30 A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
31 to close the public hearing.
32 VOTE: UNANIMOUS
33
34 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
35 to amend condition 2 to read as follows:
36 "Staff shall prepare a `Declaration of Development Restrictions and requirements' upon
37 the approval of this conditional use and that such declaration shall be recorded at the Orange
38 County Registrar of Deeds office prior to commencement of construction activity.
39 VOTE: UNANIMOUS
40
41 A motion was made by Commissioner McKee, seconded by Commissioner Hemminger
42 to approve, with the amended language for condition 2, the Ordinance Amending the Orange
43 County Zoning Atlas, including the imposition of recommended conditions, as contained within
44 Attachment 8.
45
46 Commissioner Hemminger said that she wants this project to move forward but she still
47 has concerns about the well.
48 Commissioner Gordon said that she would like to amend the motion to revise condition
49 3 to have a well built at the beginning of Phase 1 rather than the end.
30
1 John Roberts said that if another condition is changed then they would have to reopen
2 the public hearing.
3 Commissioner McKee said that he is one that has concerns about this well but this has
4 gone through the entire process and now it is so late in the game to amend a major part of this
5 parcel.
6
7 VOTE ON COMMISSIONER GORDON'S AMENDMENT: Ayes, 1 (Commissioner Gordon);
8 Nays, 6
9
10 Motion failed.
11
12
13 VOTE ON ORIGINAL MOTION: Ayes, 6; No, 1 (Commissioner Gordon — because of the well)
14
15 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
16 to approve the Resolution Concerning Statement of Consistency with the Comprehensive Plan
17 as contained within Attachment 10.
18 Commissioner Jacobs said that he has concerns about the landscaping. He hopes that
19 this will work out well for everyone concerned.
20 VOTE: UNANIMOUS
21
22 Commissioner Jacobs requested that they switch item 7-e and d and all agreed. (MOVE
23 7-e up).
24
25
26
27
28 7. Regular Agenda
29 a. Comprehensive Assessment of Emergency Medical Services and 911/
30 Communications Center Operations Study
31 The Board considered accepting the Comprehensive Assessment of Emergency
32 Medical Services & 911/Communications Center Operations Study dated October 2012, which
33 has been reviewed and evaluated by the Emergency Services Workgroup (ESW) along with
34 input from stakeholders.
35
36 Michael Harvey introduced this item.
37 The Orange County 911 Center is the public safety answering point for residents to
38 access emergency services agencies. It originated in the former Orange County Sheriff's
39 Office at Columbia and Rosemary Streets in Chapel Hill. It is a branch of Orange County
40 Emergency Services and is staffed by dedicated professionals around the clock.
41
42 On December 13, 2011 the Board discussed the Emergency Medical System Delivery and
43 E911 Communications Center improvements. There was consensus that the County needed to
44 develop a strategic plan to improve the County's Emergency Management Services Delivery
45 System and E911 Communications Center. The Charge for the ESW included reviewing
46 alternatives and making recommendations for the following:
47 • System improvements for EMS Ambulance response times including but not
48 limited to equipment, staffing, facilities and/or a strategic plan, to define data
49 elements for meaningful analytical data as related to ambulance response time
50 and to discuss and review that data.
31
1 • Improvements for the E911 Communications Center including but not limited to
2 technology, equipment, staffing, training and/or a strategic plan.
3
4 On March 22, 2012 the Board approved a contract with Solutions for Local Government, Inc. to
5 develop a multi-year strategic plan addressing Emergency Medical Services System and E911
6 Communications Center needs.
7
8 At the August 30, 2012 Board Work Session, Mr. Steve Allan presented the final draft of the
9 Comprehensive Assessment of Emergency Medical Services & 911/Communications Center
10 Operations Study. Mr. Allan held meetings with stakeholders, presented and discussed the
11 Report, answered questions and solicited input. There was also one meeting for the general
12 public on September 27, 2012. The Final Report is presented for the Board to accept.
13 There is no financial impact to accepting the Comprehensive Assessment of Emergency
14 Medical Services & 911/Communications Center Operations Study. Recommendations from the
15 Emergency Services Workgroup were incorporated in the Fiscal 2012-13 Annual Budget and
16 Capital Investment Plan. Additional recommendations, from the Emergency Service
17 Workgroup, will be presented to the Board regarding the implementation of recommendations
18 included in the Study.
19
20 A motion was made by Commissioner McKee, seconded by Commissioner Foushee to
21 accept the report.
22 VOTE: UNANIMOUS
23
24 Commissioner McKee said that it has been brought to his attention that since the work
25 group has worked on these, the Board may want to hold R-7 for now. There have been some
26 questions related to this recommendation.
27
28 b. Implementation Strategy from the Emergency Services Workgroup on
29 Recommendations from the Comprehensive Assessment of Emergency Medical Services
30 & 911/Communications Center Operations Study, and Approval of Budget Amendment
31 #4-C
32 The Board received an implementation strategy from the Emergency Services
33 Workgroup regarding recommendations included in the Comprehensive Assessment of
34 Emergency Medical Services & 911/Communications Center Operations Study, considered
35 approving Budget Amendment #4-C for $414,500 in the current fiscal year, and incorporating
36 the recommendations into the Budget & Capital Investment Plan (CIP) process for Fiscal Year
37 2013-14.
38 Michael Talbert reviewed these recommendations and said that the work group agreed
39 with these but wanted to move faster on some.
40
41 Emergency Services Workgroup is recommending the following implementation strategy from
42 the recommendations included in Comprehensive Assessment of Emergency Medical Services
43 & 911/Communications Center Operations Study.
44
45 R-1. OCEMS should adjust Medic 5 and Medic 8 coverage hours.
46 The Workgroup recommends keeping 5 ambulances operational around the clock and add new
47 12 hour peak load ambulances as new ambulances are staffed and placed in service.
48
49 R-2. OCEMS should add an additional ALS Ambulance 9:00 am-9:00 pm, 12 hours/day, 7
50 days/week.
32
1 The Workgroup recommends a new gam — 9-pm peak load ambulance and evaluate after 6
2 months to verify that the new ambulance has helped bring down the average number of move-
3 ups. This ambulance was approved in Fiscal 2012/2013 and will be placed in service as soon
4 as new staff is trained and the new unit is available.
5
6 R-3a. Utilize available SORS/BLS ambulance for non-emergency patient transports.
7
8 R-3b. OCEMS should bring on line and staff a BLS ambulance to provide non-emergency
9 patient transports.
10 The Workgroup recommends combining R-3 & R-3b into one recommendation. County staff
11 and SORS are directed to collect & analyze additional call volume data bring back a
12 recommendation to the Emergency Services Workgroup by January, 2013.
13
14 R-4. Assess Fire Department capabilities to meet BLS First Responder response time
15 objectives.
16
17 R-5a. Schedule and implement Fire Department, Medical First Responder initiative which
18 includes performance objectives.
19
20 R-5b. Staff and equip four (4) EMS Quick Response Vehicles (QRV's) for assignment,
21 initially, 12hours/day, 7 days/week with shift start/end times to be determined by EMS.
22 The Workgroup recommends combining R-4, R-5a, and 5b into one recommendation. A
23 working group, comprise of Emergency Services staff, representatives from Chief's Council,
24 representatives from South Orange Rescue Squad and the County Medical Director is directed
25 to discuss these issues and bring back a recommendation to the Emergency Services
26 Workgroup by January, 2013.
27
28 R-6. Staff & equip six (3) 12 hour/7 day ALS ambulances at appropriate staging/base
29 facility locations within (1) Zones 1 & 2, (2) Zones 5 & 7 and (3) Zones 6 & 8.
30 The Workgroup recommends that EMS staff and the County's Medical Director prepare a
31 detailed 5-year implementation schedule for recommendation R-6 and brings back a
32 recommendation to the Emergency Services Workgroup by December 11 , 2012.
33
34 R-7.DEFER --Hire a Paramedic Level Shift Supervisor @ 24/7.
35 The Workgroup recommends hiring 4 new Paramedic Level Shift Supervisor positions
36 immediately. The Study recommends 5.1 position for a 24/7 Shift Supervisor, but Emergency
37 Services staff recommended only 4 positions. This is recommended to be funded in the current
38 fiscal year, at an estimated annual cost of $267,500.
39
40 R-8. Prepare a detailed Space Needs Assessment that addresses the essential building
41 and site requirements to accommodate a stand-alone, functional, code compliant EMS
42 base facility that can serve as a prototype for all future facilities.
43
44 R-9. Identify a minimum of nine (9) strategic locations, preferably no less than one (1)
45 location within each major zone previously identified, for the potential location in each of
46 a future EMS base.
47
48 R 10. The County should purchase/obtain identified sites (and/or buildings) for
49 development.
33
1 R 11. Procure EMS base planning and design services.
2 R 12. Advertise, bid, and commence construction on designated EMS base facilities.
3 The Workgroup recommends tabling recommendations R-8, R-9, R-10, R-11 and R-12. EMS
4 staff is directed to proceed with a space needs assessment while simultaneously exploring the
5 option of co-locating EMS Ambulances at fire departments. Staff is to bring back a
6 recommendation to the Emergency Services Workgroup by January, 2013.
7
8 R-13. Hire a full-time, dedicated Data System Manager to be located as close as possible,
9 preferably adjacent to the Communications Center, and answerable first to the
10 Communications Center Operations Manager.
11 The Workgroup recommends hiring a dedicated full-time Data System Manager immediately in
12 the current fiscal year, at an estimated annual cost of $74,250.
13
14 R-14. Hire a full-time, dedicated Training/Quality Assurance Officer to be located as close
15 as possible, preferably adjacent to the Communications Center, and answerable first to
16 the Communications Center Operations Manager.
17 The Workgroup recommends hiring a dedicated full-time Training/Quality Assurance Officer
18 immediately in the current fiscal year, at an estimated annual cost of $72,800.
19
20
21 R-15. Anticipating increasing responsibilities due to the number of new personnel
22 forthcoming, hire an additional full-time Training/Quality Assurance Officer no later than
23 the end of year-3.
24 The Workgroup recommends hiring an additional dedicated full-time Training/Quality Assurance
25 Officer during year-2 or Fiscal 2014/2015, at an estimated annual cost of $72,800.
26
27 R-16. Prepare a schedule for the hiring and training of the identified Telecommunicator
28 positions and identify the date to begin solicitation and acceptance of applications.
29
30 R-17. Hire 17 new, full-time Telecommunicators.
31 The Workgroup recommends combining R-16 and R-17 into one recommendation. The Fiscal
32 2012/13 Budget includes 4 new full-time Telecommunicators, which are included with the total
33 of 17 recommended by the Study. The Workgroup recommends combining R-16 & R-17 to hire
34 and train 13 new full-time Telecommunicators over 3 Fiscal Years. Recommending that 4
35 fulltime Telecommunicators be added in Fiscal 2013/14, 4 additional Telecommunicators in
36 Fiscal 2014/15, and 5 Telecommunicators in added in Fiscal 2015/16. The total position added
37 over 3 years will be 13 Telecommunicators, with the estimated total cost of $585,000.
38
39 R-18. Purchase necessary AVL vehicle hardware for each new EMS vehicle purchased to
40 enable compatibility with newly purchased CAD software and existing AVL system
41 hardware.
42 Necessary AVL vehicle hardware already in place, no action needed.
43
44 R 19. Following the installation of recently purchased Communications Center software
45 and the training of in-house personnel; organize and provide informational meetings to
46 emergency service system members, particularly Fire Departments and Law
47 Enforcement, with regards to the system's capabilities and the information that will be
48 available to them for their use.
49 OSSI Software has been purchased and the 12 month installation process has started. The
50 Workgroup recommends that the 911 Users Group be resurrected to meet at least 6 times per
34
1 year and provide input for the 911 Communications installation and setup of the OSSI system.
2
3 R 20. From the Workgroup:
4 The Workgroup recommends that Page Track software, currently in use by the Fire
5 Departments, be incorporated into the OSSI system if possible and utilized by 911
6 Communications. If Page Track remains a standalone system, it is recommended that 911
7 Communications use the system to support OSSI when possible.
8
9 The Workgroup recommends funding $414,500 as outlined in the recommendations
10 background in the current fiscal year and incorporate the remaining recommendations into the
11 Fiscal Year 2013-14 Annual Budget & CIP process.
12
13 Chair Pelissier took a poll to see if Board of County Commissioners wanted to continue past
14 10:30pm. The Board all agreed.
15
16 A motion was made by Commissioner McKee, seconded by Commissioner Foushee to
17 receive the implementation strategy from the Emergency Services Workgroup regarding
18 recommendations included in the Comprehensive Assessment of Emergency Medical Services
19 & 911/Communications Center Operations Study; approve Budget Amendment #4-C for
20 $414,500 in the current fiscal year; and incorporate the recommendations into the Budget &
21 Capital Investment Plan (CIP) process for Fiscal Year 2013-14.
22 VOTE: UNANIMOUS
23
24 The Board thanked Steve Allen for working on this report for Orange County.
25
26 c. Establishment of a Community Loan Fund for the Water and Sewer Connections
27 for Efland and Rogers Roads Residents, and Approval of Budget Amendment #4-D
28 The Board considered approving the establishment of a Community Loan Fund for
29 water and sewer connections for residents of the Efland and Rogers Road areas of Orange
30 County, and approving Budget Amendment #4-D.
31 Clarence Grier introduced this item. He said that in previous discussions with the Board,
32 it was decided to start a small loan fund for this purpose. The recommendation is to start a
33 Community Loan Fund with a $100,000 appropriation from the General Fund available fund
34 balance. All loans would range from $3,500 to a max of $10,000, and carry a low interest rate
35 of 1-2% over a maximum period of 10 years. A 0.25% administrative fee would be added to
36 each loan to cover the administration of the loan.
37 Frank Clifton said that this loan is to assist people from running water and sewer lines
38 from the street to their homes.
39 Commissioner Jacobs said that he thought the County had developed a loan fund
40 through OCIM for people in Efland. Clarence Grier said that this is part of that discussion
41 instead of going through OCIM.
42 A motion was made by Commissioner Foushee, seconded by Commissioner
43 Hemminger to approve the establishment of a Community Loan Fund for water and sewer for
44 residents of the Efland and Rogers Road areas of Orange County, and approve Budget
45 Amendment #4-D an appropriation of General Fund available fund balance of $100,000.
46 VOTE: UNANIMOUS
47
48 d. Recommended Uses of General Fund Unassigned Fund Balance, as of June 30,
49 2012
35
1 The Board considered recommendations for the use of the General Fund unassigned
2 Fund Balance in excess of the BOCC's fund balance policy.
3 Clarence Grier introduced this item.
4
5 On April 5, 2011 , the BOCC adopted a fund balance policy that states:
6 The County will strive to maintain an unassigned fund balance in the General Fund of
7 17% percent of budgeted general fund operating expenditures each fiscal year. The
8 amount of unassigned fund balance maintained during each fiscal year should not fall
9 below 8% percent of budgeted general fund operating expenditures, as recommended
10 bythe North Carolina Local Government Commission (Attachment 1).
11
12 Over time, the County's financial reserves grew. On June 30, 2012, the general fund's
13 unassigned fund balance totaled $39.6 million (Attachment 2). Of this amount, $3.2 million was
14 appropriated, prior to the end of the fiscal year. After these appropriations, the general fund's
15 unassigned fund balance was $36.4 million, which illustrated a 125% increase in the
16 unassigned fund balance since June 30, 2009 (Attachment 3). Additionally, this represented
17 20.77% of budgeted general fund operating expenditures or $6.6 million, as of June 30, 2012.
18 For the current fiscal year, the County has appropriated $4.8 million of the excess fund balance.
19 The $3 million appropriated to establish and fund the Other Post Employment Benefit (OPEB)
20 Trust was a Manager recommendation as part of the fiscal year June 30, 2013 Operating
21 Budget to fully fund the total required OPEB contribution for the current fiscal year. It has been
22 recommended by the Local Government Commission (LGC) and the Bond Rating Agencies that
23 the County addresses the funding of its OPEB liability. Without addressing this growing liability,
24 which currently totals $64 million, the LGC and the Bond Rating agencies have informed staff
25 that the County's ability to issue debt in the future could be limited. Additionally staff
26 recommends that the BOCC consider the suggested uses of the $1 .86 million available
27 unassigned balance outlined in attachment 2.
28 Clarence Grier said that if this is addressed, then Orange County would be an AAA
29 County.
30 A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
31 appropriate the Other Post Employment Benefit (OPEB) money of $3 million and defer the
32 other items until the regular budget cycle.
33 VOTE: UNANIMOUS
34
35 e. Review of Draft Recommendations from the Historic Rogers Road Neighborhood
36 Task Force
37 The Board considered the draft recommendations from the Historic Rogers Road
38 Neighborhood Task Force and provided guidance to the Task Force and the Assembly of
39 Governments.
40 Michael Talbert said that the task force is not ready to disband yet and they want to
41 continue their work. He said that attached to the abstract are draft recommendations prior to
42 the joint meeting with the AOG. He read the draft recommendations.
43
44 Recommendations to the Assembly of Governments
45 Historic Rogers Road Neighborhood Task Force
46 November 14, 2012
47 Recommendations:
48 1 . That the Task Force continue to meet, to address the Charge of the Task Force, for an
49 additional 6 months with the original composition of the Task Force.
36
1 2. That the costs of both a New Community Center and Sewer Improvements be shared by the
2 local governments, at the same costs sharing percentages as outlined in the 1972 Landfill
3 Agreement, 43% for Orange County, 43% for The Town of Chapel Hill and 14% for The Town
4 of Carrboro.
5 3. That the governing boards continue to appropriate funds, originally budgeted to reimburse
6 the Solid Waste fund for the purchase of the Greene Tract, for both a New Community Center
7 and Sewer Improvements. Funds budgeted in Fiscal 2012/2013 for the Greene Tract are as
8 follows; $90,549 for Orange County, $90,549 for The Town of Chapel Hill and $29,524 for The
9 Town of Carrboro. The governing boards are also encouraged to locate other funding sources
10 for a New Community Center and Sewer Improvements.
11
12 Rogers Road Neighborhood Community Center:
13 1 . That the Hogan-Rogers House no longer be considered as an option for a
14 Neighborhood Community Center. The St Paul's AME Church is working with the
15 Chapel Hill Preservation Society to save the structure.
16 2. That the Managers recommend to the Task Force a contract between Habitat, Orange
17 County, the Town of Carrboro, and the Town of Chapel Hill for the construction of a new
18 Rogers Road Community Center with a budget not to exceed $700,000 that is in compliance
19 with North Carolina public bidding requirements and is approved by County and Towns
20 Attorneys.
21 3. That the County creates long-term agreements, as need, with Habitat and the
22 Rogers Eubanks Neighborhood Association. The agreement(s) shall provide for the
23 construction, operation, and maintenance of a new Rogers Road Neighborhood Community
24 Center. Additional agreements, if needed, shall provide for services, programs & activities to be
25 provided in the Center. All agreements will be reviewed and approved by County Attorney.
26
27 County Sewer District:
28 1 . That the Managers explore the creation of a County Sewer District for all property owners in
29 the Historic Rogers Road Neighborhood that are not currently served by a municipal sewer
30 system and would benefit from the installation of sewer infrastructure to serve the Rogers Road
31 Neighborhood.
32 a. That the towns participate with the possible creation of a County Sewer District, which could
33 overlap town boundaries, by resolution to such inclusion.
34 b. That a County Sewer District would make special assessments against benefited property
35 within the district to cover the costs of constructing, extending or improving sewage disposal
36 system. The basis of any special assessment would be determined at a later date after
37 investigating development potential and the number of possible dwelling units. A special
38 assessment would share the costs of the sewer system with current benefited property
39 (homeowners) and undeveloped land for future development.
40 c. That the Managers work with the Attorneys to create criteria that would enable homeowners,
41 that have lived in the Historic Rogers Road Neighborhood before 1972, to connect from the
42 sewer system free of charge and recommend a sliding scale fee structure for homeowners that
43 move to the Neighborhood between 1972 and 2012.
44
45 Commissioner Hemminger made reference to recommendation #1 and said that the
46 representation shall remain the same parties and not necessarily the same people. She said
47 that there had been a neighborhood meeting where individuals came to the meeting and people
48 went door to door if people were interested in sewer connections, and there was interest.
49 Commissioner Foushee said that she is pleased that the Board of County
50 Commissioners allowed her to serve on this task force and that she is proud that this Board
37
1 stepped up and did the best they could for this community. She said that if the Board wanted
2 her to stay and work for the next 6 months then she would.
3 Commissioner Hemminger said that she would also be willing to stay and work with this
4 task force if needed.
5 Commissioner McKee made a motion to continue the appointments of Commissioner
6 Foushee and Commissioner Hemminger on this task force.
7
8 Commissioner Hemminger said that the composition would have to be changed in order
9 to do this.
10 Commissioner McKee withdrew his motion.
11 Commissioner Hemminger said that they could be appointed as ex-officio officers. She
12 said that the two County Commissioners coming on have been involved in the meetings.
13 Commissioner McKee said that in the interest of continuity, he would like to see them
14 continue in some manner.
15 Commissioner Hemminger said that she and Commissioner Foushee would be at the
16 Assembly of Governments meeting to answer questions.
17 Commissioner Jacobs endorsed Commissioner McKee's sentiment and said that at the
18 December 11th meeting they can raise this issue and find a way to engage Commissioner
19 Hemminger and Commissioner Foushee.
20 Commissioner Jacobs asked Commissioner Hemminger and Commissioner Foushee if
21 they envision that before the six months expires that this group will talk about other phases of
22 what can be done or if this would conclude the work of the task force.
23 Commissioner Hemminger said that they were concerned about the water and sewer
24 issue and this is why they asked to extend the task force.
25 Commissioner Jacobs asked if there was any thought of any charge going beyond the
26 community center and Commissioner Hemminger said that there was none discussed.
27 Commissioner Foushee said that what has made this task force so successful is that
28 they knew the charge and they never strayed from that charge.
29 Commissioner McKee made reference to item 1-b on the sewer item and asked if the
30 sewer district would include the historic neighborhood.
31 Michael Talbert said that this is the intent. The Planning Directors from the Towns of
32 Carrboro and Chapel Hill are going to figure out how many lots would benefit from this system.
33 Commissioner McKee said that his concern would be assessments against some of the
34 historic homes and he is not sure how this will be implemented. He does not want these folks
35 to be burdened with an assessment.
36 Frank Clifton said that one of the underlying issues is that once sewer is brought into
37 this neighborhood, the property will be changed dramatically and some properties will be ready
38 for development expansion. They are trying to come up with some methodology that any
39 development that comes in will have to bear some of the cost of the water and sewer.
40 Commissioner Yuhasz made reference to the payments budgeted for the Greene Tract
41 that were earmarked for the Solid Waste Enterprise Fund. He asked if there were plans to
42 make up the $200,000+ from the Enterprise Fund.
43 Frank Clifton said that the purpose of the Managers recommending continuation of
44 those funds is because they are already budgeted with each budget as an annual expense out
45 of the general fund. The Enterprise Fund will be reimbursed within the next years.
46 Commissioner Jacobs made reference to the historic neighborhood and said that there
47 is another hurdle regarding protecting the integrity of the existing historic Rogers Road
48 community when you change the character of the development that is possible. He hopes that
49 there is discussion about staying ahead of the curve instead of playing catch up. Once the
38
1 sewer goes in, there will be other pressures on the neighborhood. He wants the neighborhood
2 to be in control of its destiny instead of the development community being in control.
3 Commissioner Foushee agreed and said that this should be a discussion point in the
4 AOG meeting.
5 Commissioner Gordon said that it seems to her that they needed clarification on some
6 issues. For the community center, she wants to make it clear that they need to finish the task
7 and then keep moving forward with the center.
8 Michael Talbert said that the intent of the task force is to continue to meet for 6 months.
9 He said that the report at the AOG is just an interim report.
10 Commissioner Hemminger said that the task force wanted the AOG to bless their
11 community center on December 6th.
12 Frank Clifton said that Orange County will continue to be the lead agency.
13
14 8. Reports
15 NONE
16
17 9. County Manager's Report
18 Frank Clifton commended Commissioner Foushee, Commissioner Hemminger, and
19 Commissioner Yuhasz for their service to Orange County on the Board of County
20 Commissioners.
21
22 10. County Attorney's Report
23 John Roberts agreed with Frank Clifton and commended Commissioner Foushee,
24 Commissioner Hemminger, and Commissioner Yuhasz.
25
26 11. Appointments
27 a. Human Relations Commission — Appointment
28 The Board considered making an appointment to the Human Relations Commission.
29 A motion was made by Commissioner Hemminger, seconded by Commissioner
30 Foushee to appoint Matthew Prentice to the Carrboro position with a first partial term expiring
31 June 30, 2014.
32 VOTE: UNANIMOUS
33
34 12. Board Comments (Three Minute Limit Per Commissioner)
35 Commissioner Gordon said that the DCHC MPO TAC approved the MPO boundaries
36 between the Burlington-Graham MPO. There was also a public hearing on the 2040
37 Metropolitan Transportation Plan and the preferred option, and that will be coming to the Board
38 for comment. There was also a public hearing on the 2014-2020 Draft Transportation
39 Improvement Program, which will also be coming back for comment.
40 Commissioner McKee said that he appreciated having served with Commissioner
41 Foushee, Commissioner Hemminger, and Commissioner Yuhasz.
42 Commissioner Hemminger said that she is sad to be leaving and she has loved this
43 experience.
44 Commissioner Foushee thanked the residents of Orange County for this opportunity.
45 She said that Orange County's staff is second to none. She said that she takes no credit for
46 anything they have done because this is a team.
47 Commissioner Yuhasz said that he appreciated the opportunity to serve in this
48 government.
49 Commissioner Jacobs said that he and the Chair met with elected officials in Chapel Hill
50 about the library progress on interoperability. There will be a meeting with Chapel Hill in March
39
1 on some of the progress made. Hopefully, they will come back in the fall with more detail on
2 how to work together on library services.
3 Commissioner Jacobs said that the County Commissioners got a letter from an elected
4 official who wants to serve on one of the County's boards not as an elected official. He thinks
5 that there is a policy related to this and it should be shared with this elected official because it
6 has come up before. He said that the County does not do this.
7 Commissioner Jacobs expressed appreciation to Commissioner Foushee,
8 Commissioner Hemminger, and Commissioner Yuhasz. He said that he considered them his
9 friends.
10 Commissioner Gordon thanked Commissioner Foushee, Commissioner Hemminger,
11 and Commissioner Yuhasz for their outstanding service to Orange County.
12
13 13. Information Items
14
15 • November 8, 2012 BOCC Meeting Follow-up Actions List
16 • Tax Collector's Report for Period Ending November 1 , 2012
17 • Solid Waste Convenience Center Salvage Shed Policy Revision
18 • Eno Economic Development District Engineering Progress Update
19 • BOCC Chair Letter Regarding Request from Commissioner Gordon — Proposed Letter to
20 Chancellor Holden Thorpe Thanking UNC for Land Allocation to NC Botanical Gardens
21 • BOCC Chair Letter to UNC Chancellor Holden Thorpe Expressing Gratitude for Land
22 Allocation to NC Botanical Gardens Mason Farm Biological Reserve
23 • BOCC Chair Letter Regarding Request from Commissioner Barry Jacobs - BOCC
24 Recognitions at Meetings to Honor Local Residents and their Contributions
25 • BOCC Chair Letter Regarding Two Requests from Commissioner Barry Jacobs - Elections
26 Report and Veterans Recognition
27
28 14. Closed Session
29
30 15. Adjournment
31 A motion was made by Commissioner Hemminger, seconded by Commissioner
32 Foushee to adjourn the meeting at 10:52 p.m.
33 VOTE: UNANIMOUS
34
35 Bernadette Pelissier, Chair
36
37 Donna S. Baker, CMC
38 Clerk to the Board
39
1
1 DRAFT Attachment 3
2 MINUTES
3 BOARD OF COMMISSIONERS
4 REGULAR MEETING
5 December 3, 2012
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met in regular session on Monday,
9 December 3, 2012 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough,
10 NC.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners
13 Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and
14 Penny Rich
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County
18 Managers Gwen Harvey, Michael Talbert, Clarence Grier and Clerk to the Board Donna
19 Baker (All other staff members will be identified appropriately below)
20
21 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
22 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
23
24 Oaths of Office for Board Members
25 N.C. House Representative Angela Bryan administered the oath to Mark Dorosin
26 N.C. State Senator Ellie Kinnaird administered the oath to Bernadette Pelissier
27 N.C. State Senator Ellie Kinnaird administered the oath to Renee Price
28 N.C. State Senator Ellie Kinnaird administered the oath to Penny Rich
29
30 Board Organization
31
32 The Clerk distributed the ballots
33
34 Election of Chair —Barry Jacobs (7-0)
35 Election of Vice-Chair- Earl McKee (7-0)
36
37 Chair Jacobs asked each of the new Commissioners if they would like to make
38 any comments or recognize anyone with them this evening.
39
40 Commissioner Dorosin noted that his family was in attendance
41
42 Commissioner Price noted that her parents were here from New York, along with
43 several other family members
44
45 Commissioner Rich noted that her family and several friends were in attendance
46
2
1
2 a. Designation of Voting Delegate for all NCACC and NACo Meetings for
3 Calendar Year December 1 , 2012-2013.
4
5 This item was deferred until the December 1 1th meeting.
6
7 Appointments
8
9 a. Manager
10 A motion was made by Commissioner McKee, seconded by Commissioner
11 Gordon, to appoint Frank Clifton at the County Manager.
12
13 VOTE: UNANIMOUS
14
15 b. Clerk to the Board
16 A motion was made by Commissioner Gordon, seconded by Commissioner Rich,
17 to appoint Donna Baker as Clerk to the Board.
18
19 VOTE: UNANIMOUS
20
21 c. County Attorney
22 A motion was made by Commissioner Gordon, seconded by Commissioner
23 Price, to appoint John Roberts as the County Attorney.
24
25 VOTE: UNANIMOUS
26
27 1 . Additions or Changes to the Agenda
28 Chair Jacobs noted the item
29 - Yellow sheet - Item 7a from Commissioner Gordon regarding Senior Care of
30 Orange County Inc. Revised By-Laws and Lease Agreement.
31
32
33 PUBLIC CHARGE
34
35 The Chair dispensed with the reading of the public charge.
36
37 2. Public Comments (Limited to One Hour)
38 a. Matters not on the Printed Agenda
39 Don O'Leary extended a welcome to the three new Commissioners. He
40 reminded them that they were elected by the citizens and swore an oath to serve
41 the constitution. He expressed his hope and plea that the board and its new
42 members would discontinue their association with ICLEI, which he referenced as
43 a "hardcore communist organization that wrote Agenda 21 for the UN". He
44 questioned the UN running Orange County as it controls Africa and other third
45 world nations. He expressed his feeling that this Agenda has nothing to do with
46 environmental issues and everything to do with takeover, enforcing overregulation
3
1 that makes it impossible for anyone to comply. He referenced the notion that he
2 is a disruptive element and asserted his affiliation with Orange County United
3 Christian Fellowship of North Carolina, a division of Christian Party of NC, Patriot
4 Institute and several other organizations comprised of patriots determined to
5 preserve the Constitutional Republic. He professed his Christian faith and his
6 desire for continued dialogue with the board regarding ICLEI.
7
8 b. Matters on the Printed Agenda
9 These matters were considered as the Board addressed those items on the
10 agenda below.
11
12 3. Petitions by Board Members (Three Minute Limit Per Commissioner)
13 Commissioner Gordon said that she would like to petition the Board to review
14 the 2013 meeting calendar so that they may get input from the new Board of County
15 Commissioners to revise the calendar and submit it for approval as soon as is practical.
16 Discussion was heard regarding timing and this item was deferred to the Chair and
17 Vice-Chair agenda review.
18 Commissioner McKee said that football teams at two of our local schools
19 advanced to state level competitions. Carrboro High School advanced to state finals,
20 and Orange County High School advanced to the semi-finals. He would like to take the
21 opportunity to recognize them at a future meeting.
22 Chair Jacobs piggybacked with UNC women's soccer team finishing with another
23 national championship.
24 Commissioner Gordon recommended that a check be done of all the sports
25 teams' achievements to make sure all achievements are noted. She believes that
26 Carrboro had two athletic teams advancing to state level finals.
27 These were referred to the Chair/Vice-Chair agenda review.
28
29 4. Proclamations/ Resolutions/ Special Presentations
30
31 a. North Carolina 9-1-1 Board Recognition of Orange County Emergency
32 Services Telecommunicator Thomas Holmes, Jr.
33 The Board will provide the opportunity for North Carolina 9-1 -1 Board Executive
34 Director Richard Taylor to recognize Thomas Holmes, Jr., an Orange County
35 Emergency Services 9-1 -1 Telecommunicator, for professional and outstanding
36 performance during the extraordinary circumstances in assisting with the birth of a baby
37 on November 7, 2012 in Chapel Hill, NC.
38 Dinah Jeffries introduced the guest presenter tonight. Richard Taylor has been
39 in Emergency Services for 20+ years and has served as the local and national
40 president of NENA. He has been very progressive in pushing for standards for
41 telecommunicators across the state.
42 Richard Taylor spoke about the thousands of 911 calls placed across North
43 Carolina, from stolen bicycles to heart attacks. Every call is answered by someone who
44 genuinely cares. He praised the workers, who are paid so little but work so hard under
45 so much stress. He praised their dedication. He noted that Orange County is no
46 different. Unfortunately, we hear more about the things that go wrong at the call center
4
1 than the many good things. Mr. Taylor said he had not met Tommy Holmes until
2 today, but he had heard about and read about him and his actions. Almost a month
3 ago, on Wednesday morning, November 7th, Mr. Holmes received a 911 call. The call
4 was from an individual assisting a lady who was having a baby. The woman in labor
5 was at a bus stop in Chapel Hill and she could not speak English. Mr. Taylor said he
6 does not know what Mr. Holmes was thinking when he received that call, but he knows
7 the training that those telecommunicators have and the leadership in that call center.
8 He said he had listened to that call and he heard the excitement in Mr. Holmes voice.
9 He said Mr. Holmes did everything perfectly and did an outstanding job. He said they
10 would like to recognize Tommy Holmes, Jr. tonight. Mr. Holmes was called forward and
11 presented a plaque from the N.C. 911 for "Grateful appreciation for providing
12 outstanding 911 service on November 7, 2012". Thanks were extended from the board.
13 Tommy Holmes said that he was honored. He referenced the support of his call
14 center. He said this was one of the good calls. He said if he did not enjoy he would not
15 do it. Mr. Taylor said the 911 Board meets this Friday and they have invited Mr.
16 Holmes and will listen to his call.
17 Chair Jacobs said on behalf of the Board of County Commissioners that they
18 much appreciated the service he and the other Orange County telecommunicators
19 provided and continue to provide to Orange County. He spoke about a recent study
20 regarding the role of emergency service and the efforts to expand those services. He
21 thanked Mr. Holmes for his commitment.
22
23
24 5. Consent Agenda
25 - Removal of Any Items from Consent Agenda
26
27 NONE
28
29 - Approval of Remaining Consent Agenda
30.
31 A motion was made by Commissioner McKee, seconded by Commissioner
32 Gordon to approve the remaining items on the consent agenda.
33 VOTE: UNANIMOUS
34
35 a. Minutes
36 The Board approved the minutes from October 4, 9 and November 19, 2012 as
37 submitted by the Clerk to the Board.
38 b. Motor Vehicle Property Tax Releases/Refunds
39 The Board adopted a resolution, which is incorporated by reference, to release motor
40 vehicle property tax values for fourteen (14) taxpayer requests that will result in a
41 reduction of revenue in accordance with NCGS.
42 c. Property Tax Releases/Refunds
43 The Board adopted a resolution, which is incorporated by reference, to release property
44 tax values for twelve (12) tax notices which require a property tax release and/or refund
45 that will result in a reduction of revenue accordance with North Carolina General Statute
46 105-381 .
5
1 d. Applications for Property Tax Exemption/Exclusion
2 The Board approved seven (7) untimely applications for exemption/exclusion from ad
3 valorem taxation for the 2012 tax year.
4 e. Comprehensive Plan and Unified Development Ordinance Amendment
5 Outline/Schedule for UDO Text Amendments to Revise Section 1 .6.5 —
6 (Planning Board) Rules of Procedure
7 The Board approved the process components and schedule for minor "housekeeping"
8 amendments to the Unified Development Ordinance (UDO) text, currently scheduled for
9 the February 25, 2013 Quarterly Public Hearing.
10
11 6. Public Hearings--NONE
12
13 7. Regular Agenda
14 a. Senior Care of Orange County, Inc. — Revised By-Laws and Lease
15 Agreement
16 The Board considered two actions concerning Senior Care of Orange County,
17 Inc. (SC of OC, Inc.): Approval of revised by-laws for SC of OC, Inc.; and Approval of a
18 resolution authorizing a lease agreement with SC of OC, Inc. and authorize the Chair to
19 sign.
20 John Roberts said this item was on the 11/20 agenda on the consent agenda
21 and there were some questions about it at that time. The goal is to get at arm's length
22 from this non-profit organization, which works next door to the Senior Center, providing
23 adult healthcare/day care services for seniors with health issues that require them to
24 have care during the day.
25 He said this non-profit was created in 2004 and was never intended to be an
26 Orange County agency. However, since 2004 the county has had a significant role in
27 and control of this organization and its' board of directors. The action under
28 consideration attempts to limit the County's exposure to potential liability by getting this
29 organization at arm's length and removing county control over it. He said the county will
30 continue to fund or partially fund the organization, as they want it to be successful and
31 still be able to provide services. However, the county's liability needs to be limited.
32 He said they would like to amend the by-laws and reduce Orange County's
33 control and also to authorize a lease that recognizes their services and does not impact
34 them in a negative financial way. He would like to discuss this and approve the lease
35 and the by-laws.
36 Chair Jacobs asked if he had looked at Commissioner Gordon's
37 recommendations.
38 John Roberts said he has no legal concerns about the recommendations. They
39 are mostly policy issues, and he stays out of the policy aspects.
40 Commissioner Gordon noted that all this does is suggest that we approve the by-
41 laws as written, but with the resolution to approve an additional "whereas" statement
42 that mentions that the first priority of the adult day health center should be to provide
43 services to Orange County residents. The action is to adopt that amendment and then
44 to amend the lease agreement similarly to say that the tenant acknowledges that the
45 tenant's first priority is to provide services to Orange County residents. The suggestion
46 is to approve the lease agreement and then authorize the Chair to sign and then when
6
1 it is brought back to them next year, to get a report describing the residency of those
2 who receive adult day care services during the period of October 2012 to September
3 2013.
4
5 Commissioner Gordon made the following recommendation
6
7 Agenda Item 7-a, Senior Care of Orange County, Inc. - Revised By-Laws and Lease
8 Agreement
9
10 At their Nov. 20, 2012 BOCC meeting, the Commissioners noted that the lease
11 agreement had no provision specifying that the adult day care services offered by
12 Senior Care should serve Orange County residents, even though the lease amount was
13 going to be $1 per year. The Commissioners requested information concerning
14 whether the lease could be changed to add that provision.
15
16 The agenda materials state that Department on Aging Director Janice Tyler indicated
17 that it is certainly acceptable to ask that Senior Care's first priority be to serve the
18 residents of Orange County.
19
20 Therefore I will be recommending at the December 3 BOCC meeting that the following
21 motion be adopted.
22
23 MOTION
24 A. By-Laws
25 Approve the revised by-laws as written.
26
27 B. Resolution
28 (1 ) Amend the resolution to add the following "Whereas" statement between
29 the current third and fourth "Whereas" statements:
30
31 "Whereas, Senior Care's first priority for the Adult Day Health Center should be to
32 provide services to Orange County residents;"
33
34 (2) Adopt the amended resolution.
35
36 C. Lease Agreement
37 (1 ) Amend the lease agreement to add the following sentence at the end of section 3
38 (Term and Rental), paragraph (c):
39
40 "Tenant acknowledges that the Tenant's first priority for the Adult Day Health Center is
41 to provide services to Orange County residents."
42
43 (2) Approve the amended lease agreement.
44
45 C. Signature
46 Authorize the Chair to sign the amended resolution and amended lease agreement.
7
1
2 D. Lease Renewal and Report
3 Bring back the lease renewal for approval no later than November 2013, along with a
4 report describing the residency of those who received adult day care services during the
5 period beginning October 2012 and ending September 2013.
6
7
8 A motion was made by Commissioner Gordon, seconded by Commissioner
9 McKee to approve the revised by-laws for Senior Care of Orange County, Inc.; and to
10 approve the amended resolution and revised lease agreement with Senior Care of OC,
11 Inc., as stated in the above language submitted by Commissioner Gordon; and
12 authorize the Chair to sign.
13 Commissioner Dorosin said that, being new, he had not seen the old bylaws and
14 what was changed. John Roberts said there were senior staff members, the Assistant
15 County Manager and the Director of Aging, appointed to the board. The reason this
16 ties the County to the Board is not any liability issue. This is a public records case.
17 There was a public records request for the non-profit agency. The court held that the
18 non-profit had to respond because there were so many ties between the non-profit and
19 the county that it was a branch of the county government or a government agency. The
20 two primary changes as a result are that staff members are no longer appointed to the
21 board of directors and the Board of County Commissioners no longer can approve any
22 changes to the bylaws.
23 Commissioner Dorosin asked if staff were prohibited from being on the board.
24 John Roberts said they are not prohibited from being on the board, but that they
25 are no longer required by the bylaws to be on the board.
26 Frank Clifton said they worked very closely on a professional level with this non-
27 profit. He said that they will continue to work with them through Social Services and the
28 Department of Aging. It will be more of a support role instead of management role.
29
30 VOTE: UNANIMOUS
31
32 b. Schools Adequate Public Facilities Ordinance (SAPFO) — Approval of
33 Membership and Capacity Numbers
34 The Board considered approval of November 15, 2012 membership and capacity
35 numbers for both school districts (Orange County and Chapel Hill-Carrboro City
36 Schools) which will be used in developing 10-year student membership projections and
37 the 2012 SAPFO Technical Advisory Committee (SAPFOTAC) Report.
38 Planning Director Craig Benedict said this item is to approve the November 15,
39 2012 numbers submitted from our two school districts. These capacity numbers
40 include elementary, middle, and high school. Pages 3-8 of the agenda package
41 itemized specific capacities within each school. He said one change was submitted
42 from Orange County High school, which was recently downgraded by the Department of
43 Public Instruction. It used to have a capacity of 1518 students and now it is set at 1399,
44 with a decrease of 119 students. That is rarely done. Changes in capacity do not
45 normally occur through re-rating. There was a re-rating a few years ago due to class
46 size changes, which changed the capacity of the school. The membership does
8
1 change each year, on November 15th, roughly the 45th day of school. Based on the
2 SAPFO and that is reflected in the charts on attachment 1 in the far right column. They
3 accept numbers as history, and if the Board of County Commissioners approves they
4 will develop figures for the future. He said SAPFO says to take these new numbers,
5 from November 15 and they take a look about 8 years back and then they develop 5
6 projections for the future. He said they will average those 5 projections to come up with
7 what they think the membership will be in the future. They will use this as part of their
8 capital improvement program. The group that does this projection is the SAPFOTAC
9 (School of Adequate Public Facilities Technical Advisory Committee) and is made up of
10 staff members from local governments and school boards. This process will start with
11 the efforts tonight and will develop a 2013 School Public Facilities Report that will talk
12 about the projections and the needs for future schools. That report will be available as
13 capital improvement programs for the 2013/2014 budget are done. The purpose of
14 tonight is to accept what was received from the school boards and to begin the process
15 of creating that SAPFOTAC report.
16 Commissioner Dorosin clarified that this is just a formality.
17 Craig Benedict said that this is a formality at this stage. After the report is
18 created, it will be presented to the Commissioners and local governments and school
19 boards for feedback moving into early next year. He said that he had the agenda there
20 and noted that the commissioners had spoken to the school board about pre-K
21 enrollment. That is not reflected in the capacity numbers and is being discussed for
22 inclusion in the future. He also noted that there are impacts when you affect the
23 capacity numbers.
24 Commissioner Dorosin asked for clarification that the pre-k programs are not
25 counted now, but do exist in the schools, so they are taking up seats in the buildings.
26 Commissioner Jacobs asked for a summary for the public of what these
27 numbers tell us about capacity of the schools versus student membership.
28 Craig Benedict responded that the way SAPFO works is to add all of the
29 elementary schools capacity for a school district. All of the CHCCS capacities add up
30 to 5244 seats. (Reference attachment 2) The ordinance says that 105% of that
31 capacity number is what a reasonable number is before a new school is built. This
32 program lets them foresee three to four years in advance that they need to get started.
33 So for example, the Chapel Hill Schools' elementary schools capacity at 105% level
34 would be 5506. Looking at this year, there are 5543 students, which is 37 students
35 over the allowed number at 105%. He stated that this is not an issue this year,
36 because after seeing this coming a few years ago, they started construction on a new
37 school. He noted that enrollment has continued to rise irrespective of the recession.
38 There is a similar mathematical comparison at the middle and high school level. He
39 said that they do not look at individual school numbers, but look at the schools'
40 enrollment as a whole and leave it up to the school board to manage individual
41 inequities in enrollment at each school.
42 Chair Jacobs thanked Mr. Benedict for his summary.
43 A motion was made by Commissioner Gordon, seconded by Commissioner Price
44 to approve the November 15, 2012 membership and capacity numbers for both school
45 districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in
9
1 developing 10-year student membership projections and the 2012 SAPFO Technical
2 Advisory Committee (SAPFOTAC) Report.
3
4 VOTE: UNANIMOUS
5
6 8. Reports-NONE
7
8 9. County Manager's Report
9 Frank Clifton welcomed new members of the Board and recognized the seated
10 members and others. He said that about four years ago, they were in much more
11 difficult times financially with recession and property re-evaluations and the Board in its
12 wisdom adopted some strong financial policies and made some difficult budget
13 decisions. He recognized that thanks to those decisions, we are in much better
14 financial shape. He gave credit to the board and the financial staff.
15 He said the county has just been recognized by a AAA bond rating. He noted
16 that this means lower interest on debt and more assurance that bondholders will be
17 paid. He recognized the county staff for this achievement.
18 Chair Jacobs asked about a press release regarding a new emergency services
19 director.
20 Frank Clifton said that this will be presented at the December 11th meeting when
21 the director is officially on board.
22
23 :!Q: County Attorney's Report
24 John Roberts said in this past spring there were problems with the Orange
25 County and Durham County line. He said they had just fixed the Alamance and Orange
26 County line, but the Durham County line is different. They do know that the Durham
27 County line is on maps. It was established by a court decision in the 1960's and can be
28 mapped with current technology. The problem is that during the 1960's, 70's and 80's
29 taxes were collected by Orange County on properties that are on the Durham County
30 side of the line and vice versa. From this taxation, somehow, elections and schools
31 have gotten mixed up with this as well. He said that when tax directors get together and
32 start collecting, quite a few residences and apartment complexes in the CHCCS district
33 may end up being shifted and going to Durham County schools. Durham County staff
34 is not interested in taking this to their boards and the tax administrators are meeting
35 tomorrow. They have statutory requirements regarding discovery of properties. There
36 is no way to do an inter-local meeting to keep kids in their school districts without
37 involving the school boards or doing a local act similar to that of Alamance. The
38 Durham staff does not appear interested in doing that. He said after the tax
39 administrators meet, he will generate a report. The Board of County Commissioners
40 may want to meet with their counterparts in Durham to see if there is any desire to fix
41 this problem.
42 Chair Jacobs asked about the nature of the changes and Mr. Roberts clarified
43 that the properties in question were mostly going from Orange to Durham. Orange
44 County would not acquire more property and might have a little less.
45
46 11 . Appointments-NONE
10
1
2 12. Board Comments
3 Commissioner Rich had no comments.
4 Commissioner Gordon said that she and Chair Pelissier went with staff and
5 consultants to present the Southern Human Services Center master plan to the Chapel
6 Hill Community Design Commission. She said it went well and a report will be
7 forwarded. She said there will be other committees that will need to look at the plan.
8 The plan will go to the Chapel Hill Town Council on January 23.
9 Commissioner McKee congratulated the management staff and others that put
10 in time to get the higher bond rating. He welcomed all new members and said that it
11 was good to have a board meeting where all the votes were unanimous. He reminded
12 them that this is not always the case. He noted that the he often makes it a point to
13 represent the minority view as a matter of protocol. He ended with a quote from John
14 Quincy Adams, "Always vote for principle, though you may vote alone, and you may
15 cherish the sweetest reflection that your vote is never lost."
16 Commissioner Pelissier said on Thursday at the State of the Mobility annual
17 meeting, Orange County and Durham County will be recognized for their work on
18 transit.
19 Commissioner Price thanked the seated board members and staff for making
20 this transition easy.
21 Commissioner Dorosin thanked everyone, with special note of his seating
22 arrangement on the left. He said many thought it was a crazy idea for him to run for
23 County Commissioner. He referenced a quote from a poet who said "You will do foolish
24 things in your life. Do them with enthusiasm."
25 Chair Jacobs reminded the Board that Robert Wilson, the Manager of the City
26 of Mebane, is retiring. He said there is a reception for him at city hall on Friday at
27 3:00pm.
28 He also reminded the Board members who had not made comments, that the
29 retreat committee would be meeting Wednesday morning at 10AM and he encouraged
30 them to give any ideas, comments or protests to the Clerk to be shared at this time.
31 Chair Jacobs said that it is interesting being here and seeing how the electoral
32 process works and gives the citizens of Orange County the chance to make change.
33 He said he looks forward to serving and then quoted from Harry Truman, "Always be
34 sincere, even if you don't mean it."
35
36
37 13. Information Items
38
39 • November 20, 2012 BOCC Meeting Follow-up Actions List
40 • Tax Collector's Report for Period Ending November 15, 2012
41 • Report on November 2012 Election
42 • BOCC Chair Letter Regarding Request from Commissioner Jacobs to Consider
43 Staff Keeping Notes on Future Public Information Meetings
44 • BOCC Chair Letter Regarding Request from Commissioner Jacobs to Suggest
45 County Pursue Ways to Recognize Veterans as Part of Veteran's Day Activities in
46 Orange County
11
1
2 14. Closed Session
3 A motion was made by Commissioner McKee seconded by Commissioner Price
4 to go into closed session at 8:05 p.m. for the purposes below:
5
6 "Pursuant to G.S. § 143-318.11 (a) (3) "to consult with an attorney retained by the Board
7 in order to preserve the attorney-client privilege between the attorney and the Board."
8
9 Approval of Closed Session Minutes
10
11 VOTE: UNANIMOUS
12
13 RECONVENE INTO REGULAR SESSION
14 A motion was made by Commissioner McKee, seconded by Commissioner
15 Gordon to reconvene into regular session at 8:30 p.m.
16
17 VOTE: UNANIMOUS
18
19 15. Adjournment
20 A motion was made by Commissioner Gordon, seconded by Commissioner
21 Dorosin to adjourn the meeting at 8:30 p.m.
22
23 VOTE: UNANIMOUS
24
25 Barry Jacobs, Chair
26
27 Donna Baker, CMC
28 Clerk to the Board
29
1
1
2 DRAFT Attachment 4
3
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 PLANNING RETREAT
6 SOUTHERN HUMAN SERVICES CENTER
7 February 1, 2013
8 9:00 a.m.
9 The Orange County Board of Commissioners met for a Board retreat on Friday, February 1 , 2013
10 at 9:00 a.m. at the Solid Waste Administrative Offices in Chapel Hill, North Carolina.
11
12
13 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin,
14 Alice Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
15 COUNTY ATTORNEY PREENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Clarence
17 Grier and Michael Talbert and Clerk to the Board Donna S. Baker.
18
19 Jim Groves, Gayle Wilson, Dwane Brinson, Carla Banks, Nicole Clark,
20 Nancy Coston, Janet Sparks, Tara Fikes, Lucinda Munger, Janice Tyler,
21 Tracy Reams, Bob Marotto, Rich Shaw, Brantley, Craig Benedict, Jim
22 Northup, Jeff Thompson, Wayne Fenton, Rich Shaw, Greg Wilder
23
24 Facilitator: Cynthia Brown
25
26 A
27
28 9:15 — 9:30 Welcome and Agenda Review
29 9:30 — 10:00 Financial/Budget Overview
30 10:00 — 11 :15 Review BOCC Goal #1 and Priorities
31 11 :15 — 11 :25 Break
32 11 :25 — 11 :55 Review BOCC Goal #5 and Priorities
33 11 :55 — 12:30 Review BOCC Goal #4 and Priorities
34 12:30 — 1 :00 Lunch
35 1 :00 — 2:15 Review BOCC Goal #3 and Priorities
36 2:15 — 2:25 Break
37 2:25 — 3:10 Review BOCC Goal #2 and Priorities
38 3:10 — 3:40 Review BOCC Goal #6 and Priorities
39 3:40 — 4:00 Reflection and Next Steps
40
41 VI ' ' r I I r S
42
43 Welcome and Agenda Review
44 Commission Chair Barry Jacobs opened the meeting, introduced the staff and then introduced the
45 retreat facilitator Cynthia Brown. She in turn reviewed the Retreat Goals as follows:
46
47 1 . To provide all Commissioners with an Orange County Financial Overview
48 2. To review for some and introduce to others the Orange County Board of Commissioners FY
49 2009-2010 Goals and Priorities (adopted in 2009)
50 3. To explore potential new County priorities and determine Commissioner's willingness to devote
51 staff time to those priorities.
52
2
1 After providing an overview of the agenda, Cynthia Brown asked and received agreement from
2 everyone to adhere to the following Group Agreements (Ground Rules) during the day:
3 • Speak Your Truth- Speak from the "I" position, rather than detaching from your perspective
4 ("you") or universalizing your perspective ("we").
5 • Lean into Discomfort and Lean into Each Other - By design, authentic dialogue challenges
6 participants. Discomfort signals that you are being challenged and perhaps even growing from
7 the experience. Support each other to participate fully. Step up and practice asserting if you
8 tend to be reserved or quiet. Step back and practice listening if you tend to be talkative.
9 • Expect and Be Willing to Accept Non closure - Embrace the process as the task. While this
10 process might be designed to resolve an immediate question, it will raise far more questions
11 than answers about the larger issues uncovered through the dialogue. Engaging in the
12 dialogue and process of working together will reap far greater rewards than simply making a
13 decision about what "to do."
14 • Have Fun , Take Risks
15 • Think out of the Box/Be Creative (Don't feel compelled to do things the way they've always
16 been done)
17 • Speak one at a time
18 • Accept other's truth - Which doesn't require your agreement but acknowledges the fact that
19 for people their perception is 100% of reality.
20 • Listen for Understanding
21 • Leave your Ego at the Door - Ego That part of us that continues to worry, live in doubt, is
22 afraid, judges people, is afraid to trust, needs proof, believes only when it is convenient, fails to
23 follow-up, refuses to practice what it preaches, needs to be rescued, wants to be a victim,
24 beats up on "self", needs to be right all the time and continues to hold on to what does not
25 work. Taken from the Introduction of "One Day My Soul Just Opened Up: 40 Days & 40 Nights
26 Towards Spiritual Strength & Personal Growth" by lyanla
27
28 Financial/Budget Overview
29
30 Clarence Grier, Assistant County Manager/Financial Services Director, gave an overview of the
31 Fiscal Year 2013- 2014 budget. He said the economy is still weak but expected maybe 2% growth.
32
33 3Lid t iiii iiii•on °°°l iiii hl iiu li ts:
34 • There's potential that the county will no longer administer the funding for the childcare program
35 — it was anticipated that the state would take over the childcare program in June 2012 but did
36 not. Even if the county doesn't receive that funding, the childcare program will continue to
37 operate under state control.
38 • He said preliminary revenues: $180,002,776
39 • Expected adjustments to Expenditures: $8, 692,572
40 • TOTAL preliminary expenditures $188, 695, 348
41 • Potential Property Tax rate impact to balance FY 2013/14 budget 1 .11 cents which would be
42 about $1 .5 million.
43 • Fund Balance is at 22% now up from $16.8% last year.
44 • School funding target of 48.9%— not a hard rule — policy only
45 • Relative flow of funds — state reimbursement policy after expenses incurred impacts budgeting
46 practices.
47
48
49
50
51
3
1 "",Jl
equests f r Staff
2
3 • Track and provide data about the county's debt capacity
4 • Track how the county is doing in terms of educational spending from 2000 to present. Other
5 education funding comments:
6 o In the area of school funding-we don't want to set up unrealistic expectations for this
7 funding.
8 o Send message that County Commissioners are committed to education and we are not
9 going to reduce school funding.
10 o It was suggested that the education funding discussion could continue with the school
11 boards at joint meeting or at school collaboration and not at joint meetings-this group
12 decides the agenda for the joint meetings- and they could bring it up.
13 • It is wrong to compartmentalize any county service to make it sacrosanct –our budget
14 allocations should be based on need at any given time. Need to do a better job of looking at
15 county needs and priorities holistically.
16 • In the future the County may need to fund charter school construction.
17
18 Review BOCC Goal #1 and Priorities
19 ea Pr rn tin n t� �������� t� ������Jl
, , iiii iiiits (Network of uman services and infrastructure)
20
21 3r iiii f iiii iiii / l iiii iiiiy
22 In 2009 with a sinking economy that would affect the county's safety net, the Board of County
23 Commissioners wanted to affirm their unwavering commitment to basic services –for health, safety,
24 etc. that promoted this goal. This goal permeates all of their services throughout the county
25
26 Staff pdate/Status
27 Much of this discussion focused on homelessness, poverty, and the need for affordable housing in
28 Orange County.
29 1 . Affordable Housing Update from Tara Fikes:
30 a. Section 8 stagnant, just able to maintain current caseload of 620 families with housing
31 assistance. Closed waiting list in 2010 like many others in the state because there was
32 no funding to assist more families. Due to the economy, don't foresee families in the
33 program coming off anytime soon.
34 b. Home Investment Partnership Program has had a 48% reduction last year but hope
35 not to get additional cuts because this program funds local groups like Habitat, CASA,
36 Empowerment and Community Home Trust
37 c. Housing Bond Program -Update
38 d. Urgent Home Repair- This resource is just for home owners who can receive up to
39 $5,000 for urgent home repairs.
40
41 •" ran t iiii iiii (Gene Nichol, UNC Center on Poverty, Work, and
iiii" ���
42 Opportunity)
43
44 Highlights of his comments:
45 • Federal poverty level is $23,000 for a family of 4-but this fails to take into consideration food
46 costs, other costs of living in designated geographic areas, age, etc.
47 • We have much larger gaps between rich and poor; if you are born poor the likelihood is that
48 you will stay that way and vice versa.
49 • Mr. Nichol said in N.C. – 25% of our kids live in poverty and 40% are kids of color.
50 • N.C. 12th highest poverty level in the nation; poverty in a land of plenty.
4
1 • Median Income has fallen below where it was 30 years ago; top 1%'s income has more than
2 tripled.
3 • Orange County has remarkable levels of poverty compared to the rest of the world. Poverty in
4 Orange County and N.C. is invisible and political parties are oblivious to the poverty.
5 • In Orange County — federal census data 23% of residents live in poverty; 21% of kids- are in
6 poverty — out of this 42% are children of color; and 41% are Latino.
7 • 12,000 of us receive food assistance; and our median income is $56,000 — higher than the
8 norm; poverty rate though is higher in Orange County. Figures distorted due to UNC students
9 who show up as low income but not impoverished.
10 • Racial disparity in Orange County's poverty numbers; 13% of white, and 42% black live in
11 poverty. Racial wealth disparity is worse than income disparity and Orange County is one of
12 the worst.
13 • Higher percentage living in poverty since the recession and since 2008. Even though Orange
14 County is better than most of the state, the worst income disparity in N.C. is in Orange County.
15 • Economic inequality — two studies —found out of 818 counties — Orange County has greater
16 income equality than 98% of the rest of these counties; Orange County — 5th highest income
17 inequality — even if these numbers are off the numbers are still revealing and stark.
18 • For Board of County Commissioners — high wealth, high poverty, high income disparity = need
19 for affordable housing.
20 • Mr. Nichol made the following recommendations to the BOCC for a Legislative agenda
21 o They should vocalize opposition to existing and proposed state policies that would make
22 our counties and our state's low income residents poorer. (i.e. don't cut unemployment
23 benefits)
24 o Assess any proposed state policy by asking what will be its impact on the bottom third of
25 Orange County's residents
26
27 C rnrnissiiii neolr )iiscussiiii n Fits
28
29 Orange County Challenges to Affordable Housing Development
30 a. The cost of affordable housing development is prohibitive because of rules related to land use
31 (where we can or cannot build; restrictions on allowed lot size in urban and rural areas etc.)
32 b. Because there are limitations on where utilities can be located that impacts where housing can
33 be built.
34 c. Orange County is legally prohibited from having rent controlled apartments.
35 d. There's a problem with defining affordable housing because it is generally focused solely on
36 affordability and doesn't take into consideration the need for better housing conditions for
37 some.
38
39 People Need Increased Wages - If you have decent wages it would significantly diminish our
40 county's need for affordable housing.
41
42 Making Progress Addressing Poverty and Engaging Those Most Affected- Although the
43 Commissioners are committed to services, not only are they not making much progress decreasing
44 poverty those who are most affected don't come to Commission meetings. It was suggested that
45 Commissioners need to:
46 a. Think outside of the box.
47 b. Go out into communities and talk with people because residents don't know the
48 commissioners.
49 c. Make an honest assessment of what has been done to address the needs of those living in
50 poverty and their impacts. Affordable housing serves a target audience — but fails to reach the
5
1 more deeply poverty stricken families. We need to look at gaps in services and examine the
2 different approaches needed to address rural versus urban poverty.
3 d. Be honest about the extent of the problems of poverty and raise the profile of the issue.
4 e. Recruit businesses to the county that pay living wages, and
5 f. Take county business to those who pay living wages.
6
7 Affordable Housing Ideas to Consider
8 1 . Land bank for Affordable Housing development
9 2. Develop a coherent strategy to promote manufactured housing in rural areas and continue this
10 housing in urban areas.
11 3. Because of vacant Home Trust Units, allow home rental rather than requiring home purchase.
12 The program is in conflict with reality - they have artificial standards for those trying to move
13 into Home Trust Homes.
14 4. Need to look at lot size regulations in rural areas and consider revising that policy.
15 5. Explore models of environmentally responsible water/septic systems to enable housing
16 development in areas currently prohibited due to environmental impact concerns. Think
17 creatively about using this technology to develop rural villages.
18 6. Consider changing land use regulations that restrict manufactured homes. Some people can
19 only afford a mobile home in particular those who are aging and/or on limited incomes.
20
21 Housing for Homelessness and Domestic Violence Victims
22 1 . Commissioners need to determine how they will address homelessness because the current
23 Homeless Shelter is shifting to transitional housing within the next couple of years. There are
24 17 temporary beds until IFC changes to its new purpose.
25 2. There has been no response to appeals to the BOCC for a shelter for domestic violence
26 victims.
27 3. The negative of locating a homeless shelter at Southern Human Services Center due to
28 closeness to women's shelter and senior center.
29 4. It was suggested that the board wait to determine how they will address the issue of
30 homelessness after the Partnership to End Homelessness completes its work. This body
31 includes service providers and Orange County BOCC members.
32
33 Local and State and Federal Strategies will be required to address the issue of poverty in
34 Orange County.
35
36 Review BOCC Goal #5 and Priorities
37 O , Preserve & Pr ra onviiii or unman
38
39 3io iiii f verviiiiewi list iiii oo
40 This goal is the foundation for life; everyone has access to environment- public parks, public
41 recreation, and public land. Foundational principle for Orange County is to first to have a land use
42 plan; watershed protection; rural buffers; fits into other efforts they have. Protect and enhanced
43 agriculture in Orange County. For a high quality of life we maintain stewardship of the natural
44 environment — it is our duty to protect the air and water for human health.
45
46 Staff U pdate/Status
47
48 Lands Legacy Program Update provided by Dave Stancil:
49 a. Commissioners were provided an inventory of the land purchased in the Lands Legacy
50 Program using a combination of resources from bonds, partnerships with towns, other counties
51 and nonprofits.
6
1 b. Blackwood Farm has a plan with no money to fund- designated for some active recreation; he
2 reviewed some areas with active parks.
3 c. Property purchased by Lands Legacy put them there through bonds. Future lands are
4 different.
5 d. Some properties are donated, so Orange County is not putting in more money.
6 e. Conservation money is spent, but there is some money left from 2001 Parks and Open Space
7 Bond.
8
9 iii iiii SC Li SS iiii•n • iiii t Ate
10
11 1 . Majority of land in the Lands Legacy program are for conservation, what about active
12 recreation? McGowan Trail and Twin Creeks Park could be active but don't know time frame
13 for development yet.
14 2. Costs for increased staff and expenses associated with installing infrastructure delays
15 implementation of planned recreation facilities. In response to that observation, a
16 Commissioner suggested prioritizing passive recreation that wouldn't require the higher level of
17 investment.
18 3. Orange County owns 1 000 acres of parkland they can't afford to develop and because some of
19 that land is located within proximity to water and sewer, this property could contain an incubator
20 site for economic development or affordable housing.
21 4. It is a concern that the land purchased with money specifically designated for parks, recreation
22 or conservation be used for that purpose instead of some other purpose.
23
24 """'J1
t too or Staff
25 1 . Provide Commissioners with maps of where Orange County owned lands are located.
26 2. Organize a field trip for Commissioners to see the land owned by Orange County.
27
28 Review BOCC Goal #4 and Priorities
29 1 l 11111 Pert.iiO o iiii iiii iiii iiii iiO iii iiO (Investment in County facilities, diverse
30 workforce & technology)
31
32 3iiii iiii t move iii iiii / l iiii iiii
33 This goal demonstrated the Commission's commitment to high-performance that would be
34 accomplished using technology for public and staff to access information. There was an ongoing
35 concern that the workforce didn't reflect the County's diversity. For example there are minimum
36 handicapped and Latino employees.
37
38 Staff Update/Status
39
40 A strategic Information Technology Plan was developed and adopted last year. The County
41 recruits its workforce through community colleges, targeting students who are just entering or who
42 are graduating and through social services work training programs. Outreach/recruitment material
43 is published in multiple languages. Although we readily recruit and train diverse candidates,
44 especially in leadership, we lose quality staff to other entities. There have been no layoffs,
45 workforce reduction achieved through attrition. There is no fixed meeting space in northern Orange
46 County.
47
48 iii iiii SC Li SS iiii•n • iiii t Ate
49
50 Investment in County Facilities
51 1 . There's a discrepancy of spending on schools versus county services and facilities like the
52 Waste Convenience Centers.
7
1 2. Need to consolidate services to fewer locations on a transportation route.
2 3. Southern Human Services Center — looking into future facilities (updating of Master Plan and
3 transportation, location, etc.)
4
5 Workforce Diversity
6 1 . Ongoing concern that our workforce doesn't reflect our County's diversity.
7 2. There needs to be enhanced focus on recruitment and training to retain the best employees.
8
9 Technology Access/Closing the Digital Divide
10 1 . The County needs a better way for residents to navigate the website and get information. It
11 was suggested that if the website was more accessible, it could reduce the number of calls that
12 Commissioners receive.
13 2. It would help to get a person when you call the County, if it is possible, the County should
14 budget for a receptionist position again so when people call they get a live voice to make
15 government feel more accessible.
16 3. There's a digital divide in the northern part of the county- no cable service — dial up only. To
17 address the inability to reach 1/3rd of the county due to technology challenges, the County
18 could post county information on bulletin boards at convenience or grocery stores. There are
19 bulletin boards in county facilities. We could co-locate internet cables on existing Emergency
20 Service Communications cables in areas without internet access.
21 4. There is no protocol for how Commissioners should respond to citizen's requests, so it is left to
22 Commissioner's discretion. Although the staff has the answers to resident's questions, they
23 sometimes contact Commissioners because they want to relate to their representative in
24 county government or they just want the human contact rather than go through technology.
25 5. IT Director Jim Northup said the strategic plan addresses the website to update it and address
26 some of the concerns mentioned today. He said despite the challenges raised, they get 4000
27 hits per day on the Orange County website.
28
29 """J1 equests f or Staff
30 1 . When Orange County resident's concerns and information requests are referred to County
31 staff, Commissioners need a feedback loop so they know how resident issues are resolved.
32 2. Provide the Commission with Orange county workforce demographic data.
33 3. Modify the current system that requires residents to download the entire Orange County BOCC
34 meeting agenda when all they want is one item.
35 4. Utilize non-electronic means to recruit County workforce for those without access to
36 technology.
37
38 Review BOCC Goal #3 and Priorities
pment
40
41 3oriiiief verviiiiewi list iiii y
42 The new board in 2008 recognized they needed a diverse economic development strategy
43 because they recognized that economic vitality is important to all they do in Orange County and
44 that, land use planning, zoning, and transportation are important to economic development
45
46 Commissioners recognized that in some Orange County areas there was limited water and sewer.
47 They wanted to develop infrastructure to pull density to where it can best be served. They
48 implemented a 1/4 cent sales tax, worked hard with entities like Hillsborough, Durham County and
49 Mebane- partnerships to make water and sewer available to more areas.
50
51 Orange County has suffered from the perception that they were averse to economic development.
8
1
2 Staff Update/Status
3 1 . Economic Development Update provided by Steve Brantley:
4 a. Annually, 15,000 communities compete for approximately 1500 economic development
5 projects and you are lucky if you get a share. Orange County with its many attributes,
6 should appeal to potential businesses. Orange County development promotes tourism, arts
7 and agriculture. He said they are now getting multiple projects visiting Orange County.
8 Companies are looking at us and eliminating other sites because we now have zoning and
9 water and sewer. What we lack is the availability of empty facilities to promote to potential
10 investors.
11 b. The County has partnered with Chapel Hill with an incubator; and with Carrboro on a water
12 line.
13 c. In our Small Business Loan Program there are eight (8) outstanding loans and we have
14 never had any defaults.
15 2. Staff pursuing economic incentives, of minimal exposure to taxpayers because they are tied to
16 future revenues for these companies so there is no risk to Orange County.
17
18 )iscussi 0 o oil iiii Fil iiii t Fits
19 In addition to the current economic development strategies, the Commissioners discussed
20 potential placed based economic development approaches that build on the local assets. Their
21 ideas included:
22
23 Agricultural Strategies
24 1. Food is a large economic engine in Orange County, so we should explore development of an
25 Agriculture Support Enterprises Plan to determine what can be done in rural Orange County
26 that preserves the rural character. (i.e. agri-tourism, value added agriculture production, etc.)
27 2. It was noted that restrictions on value added agriculture is a barrier to development in this area
28 and that the vast amount of agriculture in Orange County is commercial. The County could
29 focus on recruitment of businesses that support commercial agriculture.
30 3. Sponsor small agricultural shows to give visibility to youth farmers and promote agriculture.
31 4. It will be important to identify compatible uses adjacent to Ag Development because of the
32 impact of noise, light, and traffic.
33
34 County Fair
35 1. Sponsoring a County Fair would provide an opportunity to highlight local art and agriculture;
36 bring together rural and urban residents in Orange County and the surrounding area; highlight
37 Lands Legacy Program work and can serve as an economic development tool. There was a
38 question about whether a Fair would stimulate economic development.
39 2. Staff with input from Commissioners will assess feasibility of a County Fair. (see more details
40 below, under Requests of Staff)
41 3. If the idea is feasible, a larger group will be established that will involve Staff, Commissioners
42 and Community Representatives.
43
44 Economic Development Infrastructure Enhancements
45 1. Explore potential of creating Economic Development Districts
46 2. Digital infrastructure is as important as water and sewer for economic development
47
48 Arts We need to identify what economic opportunities are related to local Arts like promoting studio
49 tours.
50
51 UNC-Chapel Hill Partnership - Explore potential economic opportunities that could be derived
52 from partnering with UNC- Chapel Hill.
9
1
2 C
t time or Staff
3 1 . Assess the potential for establishing Economic Development Zones in rural areas where
4 commercial business would be feasible by assessing environmental impact, land cost, etc.
5 2. Staff should assess the fiscal and technical realities regarding feasibility of a County Fair (i.e.
6 cost, staff capacity, scale of an event, where they have succeeded and failed and why, impact
7 of similar competing events in Orange County towns, etc.)
8 3. Staff should identify 3-4 different kinds of County Fair events that could be a model that would
9 be modified to suit the needs of Orange County, and then arrange Commissioner Site visits to
10 each type of event so they better understand what is required to sponsor each type.
11
12 Review BOCC Goal #2 and Priorities
u im nteractiiiive & Trans parent t,
14
15 3io iiu f " iffiverviiiievvi........1 iiii t iiii y
16 This goal is based on the Commissioners' belief that government should be accessible to all
17 residents.
18
19 Staff U pdate/Status
20
21 Public Affairs/Communications Update provided by Carla Banks, Director of Public Affairs:
22 Carla Banks has been hired as the Orange County Director of Public Affairs to bring a
23 comprehensive approach to communications. She wants to get the community more familiar with
24 Orange County through press releases, future implementation of a county newsletter and
25 speaker's bureau. Because many people don't know what the Board of County Commissioners
26 actually does, she hopes to initiate a citizen's academy.
27
28 """ f iiii / iiii ,, / iiii iiii ,, ""J1 iiii•ins iiii iiii t iiii•iiii (Carl Stenberg, Institute of Government)
29
30 Highlights of his comments:
31 1 . Three recent trends, "the New Normal"
32 a. 1st Trend is fend for yourself localism- more budget cuts on the horizon.
33 b. 2nd Shifting of responsibilities to local governments from state and federal governments
34 c. 3rd More unfunded mandates
35 2. These trends are negative because revenues aren't growing; personnel cuts will be
36 implemented again resulting in reduced scope of services that can be offered.
37 3. The positive is that these trends will motivate more collaboration between entities because we
38 are not alone in this recession — we're working across boundaries because collaboration is
39 now imperative. Many local governments are service sharing instead of duplication; tax base
40 sharing. While this is good on paper, it is not good in reality; payment in lieu of taxes.
41 4. Transparent governance — use technology to get information out to the public and to receive
42 information from the public.
43 5. Two challenges:
44 a. What do citizens want and expect from county government?
45 b. Building successful diverse collaborations with neighbors: UNC-CH; schools, towns,
46 non-profits and for profit organizations.
47 6. To improve Orange County's relationship with UNC-Chapel Hill, Carl Stenberg suggested that
48 trust and communications are important.
49
50 iii iiii SC Li SS iiii•iiii
51
52 1 . Commissioners need more two way dialogue with the community.
10
1 2. In addition to increasing the public's access about the way County government works and what
2 they do, we should be publicizing the positive things Orange County is doing.
3 3. There is no web streaming — no interactive sign up for emails.
4 4. Linda Convissor from UNC-Chapel Hill commented about the very different cultures between
5 UNC (totally decentralized structure) and Orange County (hierarchical & top down). She
6 concurred about the importance of trust building between the two entities in addition she
7 suggested that both the University and County should create opportunities and commit the time
8 to interact to achieve mutual understanding and have ongoing communication.
9
10 "'l
t 0 or Staff
11 1 . Continue to pursue goals of public affairs office and incorporate strategies to publicize the
12 positive Orange County activities.
13 2. Work with the County Commissioners to identify ways to improve relations between Orange
14 County and UNC-Ch.
15 3. Develop a Strategic Communications Plan, Web access to meetings and a identify a
16 permanent meeting space in Hillsborough.
17
18 Review BOCC Goal #6 and Priorities
19 iiii iire „„„„„hilt „„„„„ n „„„„„ iiiiiiii iiii iiii (Champion Diversity, Education, Libraries, Parks,
20 Recreation and Animal Welfare)
21
22 3iiii iiii f " verviiiievtll l iiii ryoo
23 This became a "catch all" goal for all the remaining Commission priorities that assists with
24 promoting a high quality of life and address inequities between old and new schools. It was
25 understood that even though diversity is a part of this goal that the goal of diversity should
26 permeate throughout each goal in the plan.
27
28 Staff U pdate/Status
29
30 Dave Stancil distributed a hand out to update the Commissioners on the status of the parks plan.
31 In the process of his report, he gave updates on various park activities.
32
33 )iiiISCUSSi I iiii
34 1 . Need to address improvement of older schools.
35 2. Commissioners should address the need for Libraries in southern and northern Orange
36 County.
37 3. To promote the goal of diversity within the County:
38 a. All goals and services should be accessible to everyone in the county.
39 b. Promote and maintain diversity within the community so it does not become
40 homogeneous.
41 c. Various advisory boards and commissions should have racial, ethnic, income, and
42 geographic diversity.
43
44 """'J
t f 0 or Staff
45 1. Staff needs to schedule future conversation about whether to create a separate goal related
46 to diversity in the BOCC Goals and Priorities.
47
48 Reflection and Next Steps
49
50 The facilitator summarized discussion highlights and the major requests of staff (see above) then
51 asked if there were any corrections or additions. There was one related to the need for old schools
11
1 needing improvement. She informed the Commissioners that the meeting notes would be
2 available within 2 weeks and thanked them for allowing her to serve as their facilitator for the day.
3
4 Board Chair Jacobs thanked Cynthia Brown for facilitation and the meeting was adjourned
5 promptly at 4:00 p.m.