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HomeMy WebLinkAboutMinutes 12-03-2012 APPROVED 2/19/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING December 3, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 3, 2012 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Gwen Harvey, Michael Talbert, Clarence Grier and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Oaths of Office for Board Members N.C. House Representative Angela Bryan administered the oath to Mark Dorosin N.C. State Senator Ellie Kinnaird administered the oath to Bernadette Pelissier N.C. State Senator Ellie Kinnaird administered the oath to Renee Price N.C. State Senator Ellie Kinnaird administered the oath to Penny Rich Board Organization The Clerk distributed the ballots Election of Chair—Barry Jacobs (7-0) Election of Vice-Chair- Earl McKee (7-0) Chair Jacobs asked each of the new Commissioners if they would like to make any comments or recognize anyone with them this evening. Commissioner Dorosin noted that his family was in attendance Commissioner Price noted that her parents were here from New York, along with several other family members Commissioner Rich noted that her family and several friends were in attendance a. Designation of Voting Delegate for all NCACC and NACo Meetings for Calendar Year December 1, 2012-2013. This item was deferred until the December IIt`' meeting. Appointments a. Manager A motion was made by Commissioner McKee, seconded by Commissioner Gordon, to appoint Frank Clifton at the County Manager. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Gordon, seconded by Commissioner Rich, to appoint Donna Baker as Clerk to the Board. VOTE: UNANIMOUS C. County Attorney A motion was made by Commissioner Gordon, seconded by Commissioner Price, to appoint John Roberts as the County Attorney. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda Chair Jacobs noted the item - Yellow sheet - Item 7a from Commissioner Gordon regarding Senior Care of Orange County Inc. Revised By-Laws and Lease Agreement. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Agenda Don O'Leary extended a welcome to the three new Commissioners. He reminded them that they were elected by the citizens and swore an oath to serve the constitution. He expressed his hope and plea that the board and its new members would discontinue their association with ICLEI, which he referenced as a "hardcore communist organization that wrote Agenda 21 for the UN". He questioned the UN running Orange County as it controls Africa and other third world nations. He expressed his feeling that this Agenda has nothing to do with environmental issues and everything to do with takeover, enforcing overregulation that makes it impossible for anyone to comply. He referenced the notion that he is a disruptive element and asserted his affiliation with Orange County United Christian Fellowship of North Carolina, a division of Christian Party of NC, Patriot Institute and several other organizations comprised of patriots determined to preserve the Constitutional Republic. He professed his Christian faith and his desire for continued dialogue with the board regarding ICLEI. b. Matters on the Printed Agenda These matters were considered as the Board addressed those items on the agenda below. 3. Petitions by Board Members (Three Minute Limit Per Commissioner) Commissioner Gordon said that she would like to petition the Board to review the 2013 meeting calendar so that they may get input from the new Board of County Commissioners to revise the calendar and submit it for approval as soon as is practical. Discussion was heard regarding timing and this item was deferred to the Chair and Vice-Chair agenda review. Commissioner McKee said that football teams at two of our local schools advanced to state level competitions. Carrboro High School advanced to state finals, and Orange County High School advanced to the semi-finals. He would like to take the opportunity to recognize them at a future meeting. Chair Jacobs piggybacked with UNC women's soccer team finishing with another national championship. Commissioner Gordon recommended that a check be done of all the sports teams' achievements to make sure all achievements are noted. She believes that Carrboro had two athletic teams advancing to state level finals. These were referred to the Chair/Vice-Chair agenda review. 4. Proclamations/ Resolutions/ Special Presentations a. North Carolina 9-1-1 Board Recognition of Orange County Emergency Services Telecommunicator Thomas Holmes, Jr. The Board will provide the opportunity for North Carolina 9-1-1 Board Executive Director Richard Taylor to recognize Thomas Holmes, Jr., an Orange County Emergency Services 9-1-1 Telecommunicator, for professional and outstanding performance during the extraordinary circumstances in assisting with the birth of a baby on November 7, 2012 in Chapel Hill, NC. Dinah Jeffries introduced the guest presenter tonight. Richard Taylor has been in Emergency Services for 20+ years and has served as the local and national president of NENA. He has been very progressive in pushing for standards for telecommunicators across the state. Richard Taylor spoke about the thousands of 911 calls placed across North Carolina, from stolen bicycles to heart attacks. Every call is answered by someone who genuinely cares. He praised the workers, who are paid so little but work so hard under so much stress. He praised their dedication. He noted that Orange County is no different. Unfortunately, we hear more about the things that go wrong at the call center than the many good things. Mr. Taylor said he had not met Tommy Holmes until today, but he had heard about and read about him and his actions. Almost a month ago, on Wednesday morning, November 7t", Mr. Holmes received a 911 call. The call was from an individual assisting a lady who was having a baby. The woman in labor was at a bus stop in Chapel Hill and she could not speak English. Mr. Taylor said he does not know what Mr. Holmes was thinking when he received that call, but he knows the training that those telecommunicators have and the leadership in that call center. He said he had listened to that call and he heard the excitement in Mr. Holmes voice. He said Mr. Holmes did everything perfectly and did an outstanding job. He said they would like to recognize Tommy Holmes, Jr. tonight. Mr. Holmes was called forward and presented a plaque from the N.C. 911 for "Grateful appreciation for providing outstanding 911 service on November 7, 2012". Thanks were extended from the board. Tommy Holmes said that he was honored. He referenced the support of his call center. He said this was one of the good calls. He said if he did not enjoy he would not do it. Mr. Taylor said the 911 Board meets this Friday and they have invited Mr. Holmes and will listen to his call. Chair Jacobs said on behalf of the Board of County Commissioners that they much appreciated the service he and the other Orange County telecommunicators provided and continue to provide to Orange County. He spoke about a recent study regarding the role of emergency service and the efforts to expand those services. He thanked Mr. Holmes for his commitment. 5. Consent Agenda - Removal of Any Items from Consent Agenda NONE Approval of Remaining Consent Agenda • A motion was made by Commissioner McKee, seconded by Commissioner Gordon to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from October 4, 9 and November 19, 2012 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for fourteen (14) taxpayer requests that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for twelve (12) tax notices which require a property tax release and/or refund that will result in a reduction of revenue accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board approved seven (7) untimely applications for exemption/exclusion from ad valorem taxation for the 2012 tax year. e. Comprehensive Plan and Unified Development Ordinance Amendment Outline/Schedule for UDO Text Amendments to Revise Section 1.6.5 — (Planning Board) Rules of Procedure The Board approved the process components and schedule for minor "housekeeping" amendments to the Unified Development Ordinance (UDO) text, currently scheduled for the February 25, 2013 Quarterly Public Hearing. 6. Public Hearings--NONE 7. Regular Agenda a. Senior Care of Orange County, Inc. — Revised By-Laws and Lease Agreement The Board considered two actions concerning Senior Care of Orange County, Inc. (SC of OC, Inc.): Approval of revised by-laws for SC of OC, Inc.; and Approval of a resolution authorizing a lease agreement with SC of OC, Inc. and authorize the Chair to sign. John Roberts said this item was on the 11/20 agenda on the consent agenda and there were some questions about it at that time. The goal is to get at arm's length from this non-profit organization, which works next door to the Senior Center, providing adult healthcare/day care services for seniors with health issues that require them to have care during the day. He said this non-profit was created in 2004 and was never intended to be an Orange County agency. However, since 2004 the county has had a significant role in and control of this organization and its' board of directors. The action under consideration attempts to limit the County's exposure to potential liability by getting this organization at arm's length and removing county control over it. He said the county will continue to fund or partially fund the organization, as they want it to be successful and still be able to provide services. However, the county's liability needs to be limited. He said they would like to amend the by-laws and reduce Orange County's control and also to authorize a lease that recognizes their services and does not impact them in a negative financial way. He would like to discuss this and approve the lease and the by-laws. Chair Jacobs asked if he had looked at Commissioner Gordon's recommendations. John Roberts said he has no legal concerns about the recommendations. They are mostly policy issues, and he stays out of the policy aspects. Commissioner Gordon noted that all this does is suggest that we approve the by-laws as written, but with the resolution to approve an additional "whereas" statement that mentions that the first priority of the adult day health center should be to provide services to Orange County residents. The action is to adopt that amendment and then to amend the lease agreement similarly to say that the tenant acknowledges that the tenant's first priority is to provide services to Orange County residents. The suggestion is to approve the lease agreement and then authorize the Chair to sign and then when it is brought back to them next year, to get a report describing the residency of those who receive adult day care services during the period of October 2012 to September 2013. Commissioner Gordon made the following recommendation: Agenda Item 7-a, Senior Care of Orange County, Inc. - Revised By-Laws and Lease Agreement At their Nov. 20, 2012 BOCC meeting, the Commissioners noted that the lease agreement had no provision specifying that the adult day care services offered by Senior Care should serve Orange County residents, even though the lease amount was going to be $1 per year. The Commissioners requested information concerning whether the lease could be changed to add that provision. The agenda materials state that Department on Aging Director Janice Tyler indicated that it is certainly acceptable to ask that Senior Care's first priority be to serve the residents of Orange County. Therefore I will be recommending at the December 3 BOCC meeting that the following motion be adopted. MOTION A. By-Laws Approve the revised by-laws as written. B. Resolution (1) Amend the resolution to add the following "Whereas" statement between the current third and fourth "Whereas" statements: "Whereas, Senior Care's first priority for the Adult Day Health Center should be to provide services to Orange County residents;" (2) Adopt the amended resolution. C. Lease Agreement (1) Amend the lease agreement to add the following sentence at the end of section 3 (Term and Rental), paragraph (c): "Tenant acknowledges that the Tenant's first priority for the Adult Day Health Center is to provide services to Orange County residents." (2) Approve the amended lease agreement. C. Signature Authorize the Chair to sign the amended resolution and amended lease agreement. D. Lease Renewal and Report Bring back the lease renewal for approval no later than November 2013, along with a report describing the residency of those who received adult day care services during the period beginning October 2012 and ending September 2013. A motion was made by Commissioner Gordon, seconded by Commissioner McKee to approve the revised by-laws for Senior Care of Orange County, Inc.; and to approve the amended resolution and revised lease agreement with Senior Care of OC, Inc., as stated in the above language submitted by Commissioner Gordon; and authorize the Chair to sign. Commissioner Dorosin said that, being new, he had not seen the old bylaws and what was changed. John Roberts said there were senior staff members, the Assistant County Manager and the Director of Aging, appointed to the board. The reason this ties the County to the Board is not any liability issue. This is a public records case. There was a public records request for the non-profit agency. The court held that the non-profit had to respond because there were so many ties between the non-profit and the county that it was a branch of the county government or a government agency. The two primary changes as a result are that staff members are no longer appointed to the board of directors and the Board of County Commissioners no longer can approve any changes to the bylaws. Commissioner Dorosin asked if staff were prohibited from being on the board. John Roberts said they are not prohibited from being on the board, but that they are no longer required by the bylaws to be on the board. Frank Clifton said they worked very closely on a professional level with this non- profit. He said that they will continue to work with them through Social Services and the Department of Aging. It will be more of a support role instead of management role. VOTE: UNANIMOUS b. Schools Adequate Public Facilities Ordinance (SAPFO) —Approval of Membership and Capacity Numbers The Board considered approval of November 15, 2012 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2012 SAPFO Technical Advisory Committee (SAPFOTAC) Report. Planning Director Craig Benedict said this item is to approve the November 15, 2012 numbers submitted from our two school districts. These capacity numbers include elementary, middle, and high school. Pages 3-8 of the agenda package itemized specific capacities within each school. He said one change was submitted from Orange County High school, which was recently downgraded by the Department of Public Instruction. It used to have a capacity of 1518 students and now it is set at 1399, with a decrease of 119 students. That is rarely done. Changes in capacity do not normally occur through re-rating. There was a re-rating a few years ago due to class size changes, which changed the capacity of the school. The membership does change each year, on November 15th, roughly the 45th day of school. Based on the SAPFO and that is reflected in the charts on attachment 1 in the far right column. They accept numbers as history, and if the Board of County Commissioners approves they will develop figures for the future. He said SAPFO says to take these new numbers, from November 15 and they take a look about 8 years back and then they develop 5 projections for the future. He said they will average those 5 projections to come up with what they think the membership will be in the future. They will use this as part of their capital improvement program. The group that does this projection is the SAPFOTAC (School of Adequate Public Facilities Technical Advisory Committee) and is made up of staff members from local governments and school boards. This process will start with the efforts tonight and will develop a 2013 School Public Facilities Report that will talk about the projections and the needs for future schools. That report will be available as capital improvement programs for the 2013/2014 budget are done. The purpose of tonight is to accept what was received from the school boards and to begin the process of creating that SAPFOTAC report. Commissioner Dorosin clarified that this is just a formality. Craig Benedict said that this is a formality at this stage. After the report is created, it will be presented to the Commissioners and local governments and school boards for feedback moving into early next year. He said that he had the agenda there and noted that the commissioners had spoken to the school board about pre-K enrollment. That is not reflected in the capacity numbers and is being discussed for inclusion in the future. He also noted that there are impacts when you affect the capacity numbers. Commissioner Dorosin asked for clarification that the pre-k programs are not counted now, but do exist in the schools, so they are taking up seats in the buildings. Commissioner Jacobs asked for a summary for the public of what these numbers tell us about capacity of the schools versus student membership. Craig Benedict responded that the way SAPFO works is to add all of the elementary schools capacity for a school district. All of the CHCCS capacities add up to 5244 seats. (Reference attachment 2) The ordinance says that 105% of that capacity number is what a reasonable number is before a new school is built. This program lets them foresee three to four years in advance that they need to get started. So for example, the Chapel Hill Schools' elementary schools capacity at 105% level would be 5506. Looking at this year, there are 5543 students, which is 37 students over the allowed number at 105%. He stated that this is not an issue this year, because after seeing this coming a few years ago, they started construction on a new school. He noted that enrollment has continued to rise irrespective of the recession. There is a similar mathematical comparison at the middle and high school level. He said that they do not look at individual school numbers, but look at the schools' enrollment as a whole and leave it up to the school board to manage individual inequities in enrollment at each school. Chair Jacobs thanked Mr. Benedict for his summary. A motion was made by Commissioner Gordon, seconded by Commissioner Price to approve the November 15, 2012 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2012 SAPFO Technical Advisory Committee (SAPFOTAC) Report. VOTE: UNANIMOUS 8. Reports-NONE 9. County Manager's Report Frank Clifton welcomed new members of the Board and recognized the seated members and others. He said that about four years ago, they were in much more difficult times financially with recession and property re-evaluations and the Board in its wisdom adopted some strong financial policies and made some difficult budget decisions. He recognized that thanks to those decisions, we are in much better financial shape. He gave credit to the board and the financial staff. He said the county has just been recognized by a AAA bond rating. He noted that this means lower interest on debt and more assurance that bondholders will be paid. He recognized the county staff for this achievement. Chair Jacobs asked about a press release regarding a new emergency services director. Frank Clifton said that this will be presented at the December 11th meeting when the director is officially on board. 10. County Attorney's Report John Roberts said in this past spring there were problems with the Orange County and Durham County line. He said they had just fixed the Alamance and Orange County line, but the Durham County line is different. They do know that the Durham County line is on maps. It was established by a court decision in the 1960's and can be mapped with current technology. The problem is that during the 1960's, 70's and 80's taxes were collected by Orange County on properties that are on the Durham County side of the line and vice versa. From this taxation, somehow, elections and schools have gotten mixed up with this as well. He said that when tax directors get together and start collecting, quite a few residences and apartment complexes in the CHCCS district may end up being shifted and going to Durham County schools. Durham County staff is not interested in taking this to their boards and the tax administrators are meeting tomorrow. They have statutory requirements regarding discovery of properties. There is no way to do an inter-local meeting to keep kids in their school districts without involving the school boards or doing a local act similar to that of Alamance. The Durham staff does not appear interested in doing that. He said after the tax administrators meet, he will generate a report. The Board of County Commissioners may want to meet with their counterparts in Durham to see if there is any desire to fix this problem. Chair Jacobs asked about the nature of the changes and Mr. Roberts clarified that the properties in question were mostly going from Orange to Durham. Orange County would not acquire more property and might have a little less. 11. Appointments-NONE 12. Board Comments Commissioner Rich had no comments. Commissioner Gordon said that she and Chair Pelissier went with staff and consultants to present the Southern Human Services Center master plan to the Chapel Hill Community Design Commission. She said it went well and a report will be forwarded. She said there will be other committees that will need to look at the plan. The plan will go to the Chapel Hill Town Council on January 23. Commissioner McKee congratulated the management staff and others that put in time to get the higher bond rating. He welcomed all new members and said that it was good to have a board meeting where all the votes were unanimous. He reminded them that this is not always the case. He noted that the he often makes it a point to represent the minority view as a matter of protocol. He ended with a quote from John Quincy Adams, "Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost." Commissioner Pelissier said on Thursday at the State of the Mobility annual meeting, Orange County and Durham County will be recognized for their work on transit. Commissioner Price thanked the seated board members and staff for making this transition easy. Commissioner Dorosin thanked everyone, with special note of his seating arrangement on the left. He said many thought it was a crazy idea for him to run for County Commissioner. He referenced a quote from a poet who said "You will do foolish things in your life. Do them with enthusiasm." Chair Jacobs reminded the Board that Robert Wilson, the Manager of the City of Mebane, is retiring. He said there is a reception for him at city hall on Friday at 3:OOpm. He also reminded the Board members who had not made comments, that the retreat committee would be meeting Wednesday morning at 10AM and he encouraged them to give any ideas, comments or protests to the Clerk to be shared at this time. Chair Jacobs said that it is interesting being here and seeing how the electoral process works and gives the citizens of Orange County the chance to make change. He said he looks forward to serving and then quoted from Harry Truman, "Always be sincere, even if you don't mean it." 13. Information Items • November 20, 2012 BOCC Meeting Follow-up Actions List • Tax Collector's Report for Period Ending November 15, 2012 • Report on November 2012 Election • BOCC Chair Letter Regarding Request from Commissioner Jacobs to Consider Staff Keeping Notes on Future Public Information Meetings • BOCC Chair Letter Regarding Request from Commissioner Jacobs to Suggest County Pursue Ways to Recognize Veterans as Part of Veteran's Day Activities in Orange County 14. Closed Session A motion was made by Commissioner McKee seconded by Commissioner Price to go into closed session at 8:05 p.m. for the purposes below: "Pursuant to G.S. § 143-318.11(a) (3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." Approval of Closed Session Minutes VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner McKee, seconded by Commissioner Gordon to reconvene into regular session at 8:30 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Dorosin to adjourn the meeting at 8:30 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna Baker, CMC Clerk to the Board