HomeMy WebLinkAboutMinutes 01-22-2015 APPROVED 3/3/2015
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
January 22, 2015
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Thursday,
January 22, 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Assistant County
Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
members will be identified appropriately below)
Chair McKee called the meeting to order at 7:02 p.m. He asked for a moment of silence
in honor of Martin Luther King.
1. Additions or Chanqes to the Aqenda
Chair McKee reviewed the following information at the Commissioner's places:
- Blue Sheet— Revised Copy of Item 4a— revised Human Relations Month Proclamation
-Yellow Sheet - Correction to the Dec. 1, 2014 minutes
- Pink Sheet— Revision to Item 61 — Meeting Calendar Change
- Orange County Partnership to End Homelessness Community Report
County Manager Bonnie Hammersley introduced the Board to Ms. Audrey Spencer-
Horsley, the new Housing, Human Rights and Community Development Director.
Gayle Wilson said the new roll carts are ready for distribution to the rural parts of the
County. He said delivery of the carts will start on Saturday and full delivery should take about 3
weeks.
Commissioner Jacobs asked if customers would still be allowed to use the older orange
bins.
Gayle Wilson said yes.
Commissioner Price asked about collection of the older orange bins once the new carts
are delivered, and discussion ensued.
PUBLIC CHARGE
Chair McKee dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Aqenda
Don O'Leary said he has not heard back about the issue on fluoride, and he hopes the
information he has supplied is helpful. He said he would like to point out some other issues with
water in the County. He said people living outside of Hillsborough city limits are charged
exorbitant amounts for their water. He said this should be investigated, and he encouraged the
Board to see what can be done to reduce rate costs for these residents.
Chair McKee said that is best addressed to the Town of Hillsborough rather than the
Board of Commissioners.
Don O'Leary said the County is still responsible for the fluoride in this water, and the
Board of County Commissioners should be able to regulate what Hillsborough and OWASA
charge for water.
John Roberts said Hillsborough is statutorily authorized to charge an extra amount on
water rates for those residents who live outside the town limits. He said this is to pay for the
infrastructure that is required to go outside their corporate limits, and this applies to all towns
with water systems. He said this is not something the County can impact or regulate, as it has
been granted by the state legislature.
Ida Evans Lawson said she is a concerned resident. She said her water bill is about
$105 per month, and she used to pay $20 per month at her previous residence. She said she
lives in Fairview and lives on a fixed income. She has taken this issue to the town.
b. Matters on the Printed Aqenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. ' Petitions by Board Members
Commissioner Rich asked if the Board had received an answer from the County
Attorney about the resolution that was passed in Greensboro on Lesbian, Gay, Bisexual and
Transgender (LGBT) rights. She would like to know if Orange County can create a legal
resolution that mirrors that one.
John Roberts said he asked Greensboro's attorney to call him, but he has not received
any communication yet. He said he also asked one of his staff attorneys to contact the City of
Greensboro housing director for the same information on what authority was used in creating
the resolution, and he will let the Board know as soon he gets more information.
Commissioner Rich said her petition would be to create a resolution once that
information is gathered.
Commissioner Rich asked for a report on how the County handles jobs for at-risk teens.
She noted that Durham has a program that addresses this issue.
Commissioner Rich said there is a program called "Just Economics," which is an
initiative that started in Asheville and is now being done in Durham as well. She said the
program allows local shop owners to go through a certification program on living wages, after
which they receive a plaque to let people know that their store pays a living wage. She will
forward more information to the Commissioners.
Commissioner porosin said he is the representative on the ABC Commission. He said
the commission annually gives funds back to Orange County. He said it appears that there is
no policy as to how these funds are calculated or allocated. He noted that the amount has been
around $400,000 for the past 5 years, but there is no formula for how this number was
generated. He suggested the creation of a policy to address the allocation of these funds. He
said sales are increasing, and there is a cap on how much the ABC Commission can retain. He
requested that this be added as an agenda item for discussion.
Commissioner porosin said these petitions are done at the beginning of the meeting and
then Board comments are done at the end of the meeting after the public and the media have
already left. He requested that the Board comments be moved up on the agenda.
Commissioner porosin said the Town of Hillsborough has engaged the School of
Government to do a study regarding the options for the Colonial Inn. He feels that the Board
should also be engaged in getting information and deciding whether or not there is a role that
the County can play.
Chair McKee said he discussed this with the mayor earlier this week, and he will share
that information at a later time.
Commissioner Jacobs responded to Commissioner porosin's comments. He said there
is time set aside at the retreat for discussion of Board procedures. He noted that several
Commissioners have brought up their desire to change where Board comments are structured
on the agenda.
Commissioner Jacobs referred to the discussion about the Colonial Inn, and he said the
County manager has already done some investigation on this issue. He said he has also talked
with the Mayor, and there is agreement that there are possibilities for a partnership. He
suggested it would be good to get Steve Brantley involved in these discussions.
Commissioner Jacobs noted that there is a policy stating that the Commissioners should
receive information about upcoming closed sessions, and he received no information about the
closed session tonight.
Commissioner Price referred to Commissioner Rich's comments on the gender issue.
She said this was discussed in the legislative issues work group, and this would be welcomed
as part of their legislative packet.
Commissioner Price said some of the artists in the community have expressed concern
about the Arts Commission website and marketing. She said the website is very out of date,
and needs to be updated. She suggested an evaluation of the effectiveness of"EverWonder,"
which is used for the uploading of advertising information, and she asked for an update to the
website.
Commissioner Price referred to a memo she had sent to the Board in December
regarding the "My Brother's Keeper" challenge. She invited the Board to be part of this
challenge, and she said a mini summit has been scheduled for February 13th.
Chair McKee referred to the petition regarding "My Brother's Keeper." He said the Board
policy is not to vote on petitions at the initial presentation. He said Commissioner Price did
bring this item to the Board's attention on December 21, but it has not been addressed because
of the recess. He said the efforts of this community challenge align with the goals of the Board
and the County, and he noted that there is no fund request or staff time required. He said there
seems to be Board consensus and support from the mayors. He said, unless there is anyone
who objects, he will look into getting a press release out to support this.
The Board agreed by consensus.
Commissioner porosin asked John Roberts to provide a copy of the Greensboro
ordinance on gender equality.
John Roberts said he would provide this.
4. Proclamations/ Resolutions/ Special Presentations
a. Human Relations Month Proclamation
The Board considered adopting the Proclamation officially proclaiming the month of
February 2015 as "Human Relations Month" in Orange County and authorizing the Chair to
sign.
Human Relations Commission Member Matt Hughes read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
HUMAN RELATIONS MONTH PROCLAMATION
WHEREAS, the Orange County Board of County Commissioners established the Human
Relations Commission in June 1987 with the desire to "encourage mutual understanding and
fair treatment of all citizens"; and
WHEREAS, the Orange County Human Relations Commission believes that in order to achieve
justice and equal opportunity for all Orange County residents, we must all strive to create an
atmosphere where people are valued and accepted rather than merely tolerated, and therefore
continue to promote the ideal of social justice for all; and
WHEREAS, the Orange County Human Relations Commission has diligently served Orange
County since 1987 and remains committed to promoting equal treatment, opportunity and
understanding throughout the community; and
WHEREAS, the Orange County Human Relations Commission enforces the County's Civil
Rights Ordinance which specifically prohibits discrimination based on an individual's race, color,
creed, religion, national origin, sex, disability, age, veteran status and familial status; and
WHEREAS, the Orange County Human Relations Commission encourages Orange County
residents, as individuals, to take a stand against social injustice and continue to work together to
make freedom,justice, and equal opportunity available for all; and
WHEREAS, Orange County is committed to preserving the progress made thus far towards
equality and leading the challenge for equal opportunity using all the means at our disposal.
NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby proclaim
February 2015 as "HUMAN RELATIONS MONTH" in Orange County and challenge our
residents to promote the ideology of social justice for all by celebrating and encouraging
multiculturalism in the County and encouraging all residents to embrace diversity in Orange
County.
THIS THE 22"d DAY OF JANUARY, 2015.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the
Board to adopt the Proclamation and authorize the Chair to sign.
VOTE: UNANIMOUS
Matt Hughes noted that a forum on voting rights would be held by the Human Rights
Commission on Saturday, January 5th at 2:30 at the Century Center in Carrboro.
5. Public Hearinqs
a. CDBG Proqram — Scattered Site Housinq Rehabilitation Proqram
The Board conducted a public hearing to receive public comments prior to official close-
out of the County's FY 2010 Community Development (CDBG) Scattered Site Housing
Rehabilitation Program and then closed the public hearing.
James Davis opened this discussion and read the following background information from
the abstract:
BACKGROUND: In February 2011 Orange County was officially awarded a $400,000
Community Development Block (CDBG) Grant from the N.C. Department of Commerce for a
Scattered Site Housing Rehabilitation Program. Funds from this grant were intended to be used
to repair eight (8) deteriorated housing units in the County. All CDBG activities have now been
completed and seven (7) homes were substantially rehabilitated. A summary of the program
beneficiaries is attached to this abstract. A public hearing was conducted on December 2, 2013
to receive public comments and the grant was "closed out". However, the notice for the hearing
was void of the N.C. Department of Commerce's mandatory Spanish-language notification
designed to ensure that the Spanish speaking LEP community was properly informed. In order
to complete the official grant closeout process, the N.C. Department of Commerce is requiring
that another notice including the referenced Spanish information be published and an additional
public hearing occur. Proper notice for this public hearing has been published.
FINANCIAL IMPACT: This grant provided $400,000 in this community for the repair of seven
(7) homes. The total hard cost for the completion of the housing rehabilitation was $311,257
plus $40,000 administrative costs for a total of$351,257. The remaining $48,743 was
associated with one of the selected houses that were determined to be too deteriorated for
repair. Thus, $48,743 was retained by the State Community Development Program.
Commissioner Jacobs referred to the $48,000 retained by the state and asked how
these houses are vetted in order to avoid forfeiting this money in the future.
James Davis said there is a process to evaluate the homes, and this home appeared to
have met the qualifications but had more deterioration than was first determined.
Commissioner Jacobs said this seems to indicate that there is a flaw in the process, and
he asked if this will be changed to avoid future issues.
James Davis said yes. He said this is not a new incident, and it was discussed with the
Board at a previous meeting. He said staff is in the process of making sure homes meet the
specifications for a future rehab program through the N.C. Housing Finance Agency.
Commissioner Rich said she had the same question as Commissioner Jacobs, and she
would like the process to be reviewed.
Commissioner Price asked if the guidelines allow funds to be switched or rolled over
from one project to another.
James Davis said there is a good likelihood that funds could be used to complete a
similar project.
Commissioner porosin asked if there are any controls in the project regarding the
amount of rehab needed as compared to the value of the house. He wants to make sure funds
are being maximized.
James Davis said there are currently no funds available from the legislature, but there
are monies available from the N.C. Housing Finance Agency, and this agency is much stricter
on the homes they select. He said the homes can only increase to a certain value, so as not to
affect the value in the neighborhood.
Commissioner porosin said he is thinking more broadly about a policy and what kind of
parameter funds like this should have in order to maximize resources.
Renee Holmes is the Health and Homes Program coordinator, and she has worked on
these grants. She said staff was initially told that the maximum spending was $40,000 per
home. She said rehab specialists evaluate the homes to determine the amount of rehab
needed to bring the house up to code. She said the state has made exceptions as many
houses required more than $40,000. She said there is an application period and homes are
selected from those applicants.
Commissioner porosin said there were seven homes in this project. He asked if there
were more applicants and how the projects are prioritized.
Renee Holmes said the state requires that the income for the scattered sites must be 50
percent of area median or less. She said this is how these sites are prioritized. She said the
economic recovery is 80 percent of area median income, and it is first-come, first-served.
Commissioner porosin said the County has made housing a priority, and the state has
guidelines, but those should be the floor. He said there are priorities that should be set and
guidelines on when it is worthwhile to spend $75,000 on one house, versus spending that much
on two homes. He wants to make sure the program is maximized.
Commissioner Jacobs said Orange County does have a housing rehab program that is
built into their budget annually. He said, with a new director, it would be a good idea to have a
chart listing all of the housing programs administered by the County, including information on
the criteria, and available funds. He said this would help them understand the full gamut of
opportunities and challenges.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
open the public hearing.
VOTE: UNANIMOUS
PUBLIC COMMENT:
NONE
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
close the public hearing.
VOTE: UNANIMOUS
b. CDBG Proqram — Economic Recovery Proqram
The Board conducted a public hearing to receive public comments prior to official close-
out of the County's FY 2010 Community Development (CDBG) Economic Recovery Program,
and then close the public hearing.
A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
open the public hearing.
VOTE: UNANIMOUS
James Davis reviewed the following background information:
BACKGROUND: In February 2011 Orange County was officially awarded a $500,000
Community Development Block (CDBG) Grant from the N.C. Department of Commerce for an
Economic Recovery Program. Funds from this grant were intended to be used to repair eight
(8) deteriorated housing units, reconstruct one (1) dwelling unit and provide urgent repair
assistance for an additional 15 dwelling units in the County.
All CDBG activities have now been completed and eight (8) homes were substantially
rehabilitated and 15 dwelling units received urgent repair assistance. The targeted home for
reconstruction activity was not completed due to the owner's reluctance to participate in the
program. A summary of the program beneficiaries is attached to this abstract.
A public hearing was conducted on December 2, 2013 to receive public comments and the
grant was "closed out". However, the notice for the hearing was void of the N.C. Department of
Commerce's mandatory Spanish-language notification designed to ensure that the Spanish
speaking LEP community was properly informed. In order to complete the official grant closeout
process, the N.C. Department of Commerce is requiring that another notice including the
referenced Spanish information be published and an additional public hearing occur. Proper
notice for this public hearing has been published.
FINANCIAL IMPACT: This grant provided $500,000 in this community for this grant program.
A total of$484,000 was expended for this program, which includes $359,000 in hard costs
associated to rehabilitate the homes, and $125,000 in administrative and other costs. The
remaining $16,000 is associated with the clearance and relocation costs for a home that
withdrew from the program. Therefore, the $16,000 was retained by the State Community
Development Program.
PUBLIC COMMENT:
Ida Lawson said she is so grateful for this rehab program and the beautiful work done on
her own home. She hopes this program will continue.
A motion was made by Commissioner Price, seconded by Commissioner Rich to close
the public hearing.
VOTE: UNANIMOUS
6. Consent Aqenda
• Removal of Any Items from Consent Agenda
Commissioner Price asked to remove item 6-h for discussion.
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Pelissier, seconded by Commissioner Burroughs
to approve the remaining items on the consent agenda.
VOTE: UNANIMOUS
a. Minutes
The Board approved the minutes as submitted by the Clerk to the Board for the following
meetings: November 6, 2014 BOCC Regular Meeting; November 11, 2014 BOCC Work
Session; November 18, 2014 BOCC Regular Meeting; November 19, 2014 AOG Meeting;
December 1, 2014 BOCC Regular Meeting; December 9, 2014 BOCC Regular Meeting.
b. Motor Vehicle Property Tax Releases/Refund
The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
property tax values for twelve (12) taxpayers with a total of sixteen (16) bills that will result in a
reduction of revenue. Approval of these release/refund requests will result in a net reduction of
$4,758.62 to Orange County, the towns, and school and fire districts. Financial impact year to
date for FY 2014-2015 is $25,425.86.
c. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, approving the
release/refund requests in accordance with North Carolina General Statute 105-381 for thirteen
(13) taxpayers with a total of twenty-three (23) bills that will result in a reduction of revenue.
d. Applications for Property Tax Exemption/Exclusion
The Board approved the attached resolution for eleven (11) untimely applications for
exemption/exclusion from ad valorem taxation for eleven (11) bills for the 2014 tax year.
e. FY 2014-2015 Budqet Amendment#5
The Board approved budget ordinance amendments for fiscal year 2014-15 for the Health
Department, Department of Environment, Agriculture, and Parks and Recreation, Solid Waste
Enterprise Fund, Human Services Non-Departmental, and Department of Social Services.
f. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule for Siqn Requlation Amendments
The Board approved the process components and schedule for a government initiated Unified
Development Ordinance (UDO) text amendment for the February 2015 Quarterly Public Hearing
regarding sign regulations and direct staff to proceed accordingly.
g. Request for Road Additions to the State Maintained Secondary Road Svstem
The Board approved a recommendation to the North Carolina Department of Transportation
(NCDOT), and the North Carolina Board of Transportation (NC BOT) two petitions to add one
(1) subdivision road in Triple Crown Estates Subdivision, and one (1) industrial access road to
the State Maintained Secondary Road System.
i. Buckhorn Mebane Sewer Phase 2 Extension Proiect Easements & Pump Station
Property
The Board: 1. Authorized the Chair to sign easement and real estate offer/closing documents on
behalf of the Board; 2. Authorized the payment of negotiated easement and real estate
purchase value to individual property owners, LLC's, etc.; and 3. Authorized the County
Attorney's office to proceed with legal acquisition of utility easements and/or real estate with
court filing, if necessary.
j. Amendinq the County Manaqer's Employment Contract
The Board amended the County Manager's employment contract, increasing the costs
associated with the Manager's compensation by approximately eight thousand dollars ($8,000)
plus other minor associated costs related to benefits, to be paid an annualized salary of
$168,000.00.
k. Riqht-of-Way Aqreements for Duke Enerqy for the Provision of Electrical Service
to Electric Vehicle Charqinq Stations
The Board approved and authorized the Chair to sign Right-of-Way Agreements with Duke
Energy for the purpose of providing electrical service to Brightfield electric vehicle charging
stations to be built next to the Skills Development Center and the Farmers Market Pavilion.
I. Chanqe in BOCC Reqular Meetinq Schedule for 2015
The Board changed the County Commissioners' regular meeting calendar for 2015 to add a
Joint Planning Area (JPA) Public Hearing on March 26, 2015 at 7:OOpm with the Towns of
Chapel Hill and Carrboro prior to the joint meeting between Orange County BOCC and the
Town of Chapel Hill at Southern Human Services Center, 2501 Homestead Road, Chapel Hill;
and to add a BOCC Work Session on Thursday, March 19, 2015 at 7:00 p.m. at the Whitted
Building, 300 West Tryon St, in Hillsborough, N.C.
• Discussion and Approval of the Items Removed from the Consent Agenda
h. Revised Memorandum of Aqreement between the NC Sedimentation Control
Commission and Oranqe County
The Board considered approving revisions to the current Memorandum of Agreement
(MOA) between the Sedimentation Control Commission (SCC) and Orange County for the
purpose of clarifying roles in the enforcement of the Sedimentation Pollution Control Act of
1973, N.C. General Statute Chapter 113A, Article 4 and any rules adopted pursuant to the Act
and authorize the Chair to sign the agreement.
Commissioner Price said she pulled this to bring attention to what this agreement does,
and to let the public know that the Board has no choice in this matter. She said the agreement
has to be signed, or money is lost.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve the revisions to the current Memorandum of Agreement (MOA) between the
Sedimentation Control Commission (SCC) and Orange County for the purpose of clarifying roles
in the enforcement of the Sedimentation Pollution Control Act of 1973, N.C. General Statute
Chapter 113A, Article 4 and any rules adopted pursuant to the Act and authorize the Chair to
sign the agreement.
Commissioner porosin said he echoes Commissioner Price's comment. He said this
change is being made to sanctify continued plans for fracking in this state, and this is the state
asserting its authority to prevent local government from restricting or regulating fracking. He
said he appreciates Commissioner Price speaking up.
Commissioner Jacobs noted that he had shared an article related to this issue, regarding
Dillon's rule.
VOTE: UNANIMOUS
7. Reqular Aqenda
a. Updated Oranqe County Partnership to End Homelessness Memorandum of
Understandinq
The Board considered adopting the updated Orange County Partnership to End
Homelessness Memorandum of Understanding (MOU) between Orange County and the Towns
of Chapel Hill, Carrboro, and Hillsborough and authorizing Chair to sign the same.
Commissioner Pelissier said the Board needs to vote on this MOU. She said when the
partnership was created in 2007, it was a ten year plan to end chronic homelessness, and it
would have ended in 2017. She said, since that time, the federal government has seen that
there were other best practices, and ending homelessness is now an ongoing focus that
includes prevention of homelessness.
Commissioner Pelissier said the four elected officials on the committee got together and
reviewed and revised this MOU. She said the towns have already adopted this, and the County
is the last to look at it.
She said the major changes are designed to recognize that this is an ongoing program,
and the goal was to have some certainty about funding. She said any party can withdraw from
the program, but a one year notice is required. She said if one party withdraws, it does not
obligate any other parties to continue, though hopefully they will.
She said another major change is that the coordinator's position will be in the County
Manager's office. She said four elected officials from the different towns will comprise the
executive committee, and these officials will assess the progress and meet with the coordinator
on a regular basis. She said this is the first year that Chapel Hill will spend more than the
County in the funding of the coordinator position, because this is based on population.
Mary Jane Seyda is the Chair of the Partnership to End Homelessness. She recognized
Commissioner Pelissier and her work on this committee. She said the purpose of the
partnership is to have all service providers, municipalities, and public entities collaborate
together to prevent and end homelessness. She said the overarching goals of the partnership
are to: 1) Reduce the number of people who experience homelessness; 2) reduce the length of
time people are homeless; and 3) to reduce the number of people who return back to
homelessness.
Mary Jane Seyda said their leadership team is the large group that provides the vision,
and there are 25 active voting members. She said this is a very engaged partnership,
composed of many different members of the community. She said there are 6 work groups that
are comprised of different service providers and agencies in Orange County.
She said one of these work groups is the 100,000 Home Task Force, which not only
counted the homeless population, but also did surveys to see how people's mental health is
compromised by their homelessness. She said the goal was to house these people first, and in
the three years since this survey, 26 of these people—who typically have been on the street for
5 to 20 years - have been housed.
Mary Jane Seyda said another initiative is the Outreach Court, which is the first and only
special court in North Carolina for homeless people with misdemeanor charges. She said this is
an alternative program in which the service providers are right there in court to give people the
ability to engage in services.
Jamie Rohe reviewed the following background information about her position as the
Homeless Programs Coordinator:
The Partnership budget supports the Homeless Programs Coordinator (Coordinator) position,
the cost of participating in the national homeless database, and miscellaneous expenses. The
Coordinator is responsible for overseeing the development and implementation of local
strategies to end and prevent homelessness including:
• Building partnership and collaboration among homeless housing and service providers;
• Applications for federal funding (approx. $700,000 annually) and pursuing other funding
sources;
• Promoting evidence-based practices;
• Determining unmet needs of those experiencing or at-risk of homelessness and developing
strategies to fill those needs; and
• Collecting homelessness data.
The evolution of the Partnership reflects the progress it has made over the past six (6) years as
well as changes in the national approach to ending homelessness. These changes are mirrored
in the updated MOU — specifically, from ending chronic homelessness in 10 years to ending all
homelessness on an ongoing basis.
Jamie Rowe said the $700,000 in funding supports the Continuum of Care Program, and
the Emergency Solutions Grant. She said this money helps pay for emergency shelters, and
provides housing vouchers for people who are disabled and homeless. She said funding also
pays for the Rapid Re-housing program, which helps about 30 people annually.
Commissioner Rich said she was on the partnership when she was on the Chapel Hill
Town Council, and she participated in the initiative to count the homeless. She said the
program does an amazing job with this collection of data. She said this program is very
successful.
Commissioner Price thanked the Partnership for their work. She asked about the data in
the MOU. She said the percentages are pro-rated according to the 2010 census, and she
wonders what happens when the homeless move from place to place and these numbers
change.
Mary Jane Seyda said the monies put in by the municipalities are for the Programs
Coordinator position. She said the work groups are just providing services for any homeless
person, and this does not involve tracking where the person is from. She said funding is based
on the number of people that actually live in the towns.
Commissioner Price asked about the chain of command related to the coordinator's
position. She asked for clarification on item 3a in the MOU and the terminology used.
Jamie Rohe said there is an Executive Team made up of the 4 elected officials, and then
there is a Leadership Team, or Board of Directors, with 20 members.
Bonnie Hammersley said the coordinator position has been moved from the housing
department to be under the County Manager. She said this is a coordinator position, so it does
not involve supervisory responsibilities. She said the coordinator reports directly to the County
Manager.
Commissioner Price asked about the wording that refers to supervising of"town or
County staff."
Commissioner Pelissier said it is because, being a partnership, it is possible for a staff
member from Chapel Hill to attend their meetings. She said, for example, Chapel Hill can ask
this staff person to help Jamie Rohe, but Jamie Rohe will have no supervisory responsibilities
over this person.
Commissioner Jacobs asked for the names of the other elected members.
Commissioner Pelissier answered:
Alderman Damon Seils -Town of Carrboro
Council Member Sally Greene - Town of Chapel Hill
Commissioner Kathleen Ferguson - Town of Hillsborough
Chair McKee said people often think of the homeless as those living in the woods or
sleeping in the alley, but it is his understanding that the homeless also includes those who are
"couch surfing." He asked for clarification on this.
Jamie Rohe said the Department of Housing and Urban Development (HUD) has a
restrictive definition of homelessness, which includes those people staying in emergency
shelters, transitional housing (which is really a long term shelter), and people living in places not
meant for human habitation. She said this does not include people who are in institutions. She
said this conservative definition is designed to be clear about who is receiving assistance, and
to make sure data is measurable.
Mary Jane Seyda said the number on the street is very conservative, as it does not
include these people who are just one night away from being on the street.
Jamie Rohe said their partnership is starting to look more closely at affordable housing
issues.
Commissioner porosin asked if there has been consideration of the tiny house
movement.
Commissioner Rich said she has asked the Board to look at information on the tiny
houses, and it should be coming back for discussion.
Commissioner Rich said it would be good to treat affordable housing as a County-wide
initiative, like the issue of homelessness.
Mary Jane Seyda said there have been discussions with the municipalities about this.
Jamie Rohe said every five years any jurisdiction that receives state and federal is
required to do a five year consolidated plan. She said the County is due to complete its updated
five year strategic plan. She said some of the home funding is used to give rental assistance to
the homeless, so the partnership is encouraging the town and the County to use this planning
tool to look at the current stock, the current needs and the big picture.
Bonnie Hammersley said Commissioner Pelissier had petitioned for Orange County to
take the lead in the affordable housing discussion with the Towns. She said the newly hired
Housing, Human Rights and Community Development Director, Audrey Spencer-Horsley, has a
strong background in this area.
Commissioner Pelissier said the Partnership to End Homelessness cannot be the
affordable housing entity for the entire County. She said the elected officials need to be
engaged in this as well. She said her petition also included a request for researching the idea of
tiny houses.
Chair McKee asked Audrey Spencer-Horsley if she would like to make any comments.
Audrey Spencer-Horsley, the new Housing, Human Rights and Community Development
Director, said she believes that problems are solved through collaboration to maximize
resources. She said she is excited about being a part of this conversation.
A motion was made by Commissioner Pelissier, seconded by Commissioner Price for
the Board to adopt the updated Partnership to End Homelessness Memorandum of
Understanding and authorize the Chair to sign.
VOTE: UNANIMOUS
b. Recommended Uses of General Fund Unassiqned Fund Balance as of June 30,
2014
The Board considered a recommendation for the use of the General Fund unassigned
Fund Balance in excess of the BOCC's fund balance policy of$1.5 million of the excess fund
balance to continue the funding of the Other Post Employment Benefits (OPEB) Fund; $450,000
to replenish the Social Justice Fund or for FY2014-15 appropriations as needed; and the
remaining balance of$1.1 million available unassigned balance be used to balance the FY2015-
16 budget; and provided direction and feedback to staff on the other potential uses of
unassigned (available) fund balance.
Clarence Grier said staff has made some recommendations for the unassigned fund
balance in excess of the BOCC's fund balance policy of 17 percent. He reviewed the following
information from Page 6 of attachment 2:
General Fund Balance Available for Appropriation as of January 22, 2015
Attachment 2
Totals
Fund Balance Available for Appropriation (A), June 30, 2014 $ 44,940,204
Fund Balance, Assigned
FY2014-2015 Budget $ 10,068,343
Total Assigned Fund Balance (B) 10,068,343
Fund Balance Unassigned (A less B), June 30, 2014 $ 34,871,861
General Fund Expenditures for the year ended June 30, 2014 $186,998,772
General Fund Unassigned Fund Balance as of June 30, 2014
As a Percentage of General Fund Expenditures 18.65%
BOCC Fund Balance Policy - 17 % 17.00%
General Fund Unassigned Fund Balance as of June 30, 2014
In excess of the Board's policy $ 3,082,070
Less: OPEB Funding (1,541,035)
Less: CY Appropriation of Fund Balance -
Additional Unassigned Fund Balance Available for Appropriation
As of November 30, 2014 $ 1,541,035
Suggested Current Year uses of the Additional Fund Balance Available to
avoid financing cost: Replenish the Social Justice Fund or General Fund
appropriations (as needed) for FY2014-15 45( 0,000)
Additional Amounts Available for Appropriation $ 1,091,035
* 17% Fund Balance totals........................................................................ $ 31,789,791
Clarence Grier noted the information on attachment 3. He said the fund balance has
increased by 57.83 percent since 2008. He said it has increased 105 percent since 2009. He
said the outstanding liability for OPEB is now $59.1 million.
Chair McKee referred to Bonnie Hammersley's response to a question from a
commissioner in reference to the Chapel Hill Carrboro City Schools (CHCCS) request of
$750,000 for older schools, as included below:
"My reluctance for recommending additional funds to the schools at this time is threefold. One,
I am always concerned about appropriating additional funds, even from fund balance, outside of
the normal budget process. Even if the purpose is worthy, as the CHCCS request is, it gives
special treatment to that request when competing requests cannot be equally considered. To
do so, would necessitate conducting a mini budget process. As I am sure you know the County
has a number of needs that go unmet every year that should be considered as well. It has been
reported that state revenues are coming in lower than expected which might necessitate that we
appropriate more in county funds to avoid further reductions. Two, as you suggest, with only 6
months into the fiscal year, we do not have a good idea of where we will end up at year-
end. Although, I am sure we won't have a problem with keeping the budget balanced, I wouldn't
want to end up with a fund balance at year-end lower than what the credit rating agencies
consider necessary or prudent to maintain our credit rating. The County just earned our third
AAA rating this past summer, which helps ensure reasonable borrowing costs for both the
County and schools. Third, as with any budget there are uncertainties that may result in urgent
or unexpected requirements that the county has to fund and we need to be in a position of
having funds available to meet those needs. At the January 27 BOCC work session, I will
provide more information on the upcoming budget revenue and expenditure projections."
Bonnie Hammersley said she and Clarence Grier felt it was also important, with the
$450,000, to restore the social justice fund, as all of this fund money has been fully allocated
and the childcare issue may not be fully resolved.
Commissioner porosin asked if the $59 million in outstanding liability for OPEB is a
static amount, or if it changes every year.
Clarence Grier said it changes every year based on actuarial assumptions of employees
coming on to the plan and those retiring. He said over the next 4 to 5 years the liability should
come down.
Commissioner porosin said the state wants local governments to make deposits into this
fund, and he asked if there is a formal requirement or time for the contribution of specific
amounts.
Clarence Grier said no. He said the state would like for the County to fund at least 90
percent. He said Orange County is one of very few counties in the state that are making actual
contributions to the OPEB fund. He said this will become an issue over the next couple of
years, as there is a new standard out for pension liabilities that is the same as the OPEB
liabilities. He thinks there may be more stringent requirements about contributions for both of
these at that time.
Commissioner porosin asked if the coverage is ten percent.
Clarence Grier said yes.
Commissioner porosin asked if there is a formal policy as to what the Board of County
Commissioners should be contributing.
Bonnie Hammersley said Orange County does not currently have a policy regarding
OPEB; however, she will be looking at this during their budget process. She said this is
important, and 10 percent is not a good number, so it is important to have a policy.
Clarence Grier said one of the stipulations from the bond agency a few years ago was
that Orange County needed to decide how to address OPEB.
Commissioner porosin said there is an impression in the public that excess fund balance
is found money, and then everyone wants a piece of the pie. He said it would be easier to
address this if there was some structure or policy in place. He appreciates that this is going to
be more formalized, and he thinks it is important.
Commissioner Jacobs said he appreciated the manager's response about budgeting out
of phase. He said he hopes that this can be communicated as a formal response to the Chair of
the Chapel Hill Carrboro School Board. He said he voted against the parking deck in
Hillsborough, not because he did not think it was needed, but because it was out of phase with
the budget. He feels more comfortable with things being looked at holistically, so that
judgments can be made about priority.
Commissioner Jacobs said he is still getting used to OPEB, as it popped up in the mid
2000's. He said prior to that, the County was supposedly following best practices, and this was
not on the radar. He knows this is law, and he feels there may be a political component as well.
He would like to understand more about it as a policy is developed.
Commissioner Jacobs referred to an earlier comment from Commissioner porosin about
the ABC Board money. He suggested that the ABC Board money could go directly to the social
justice fund.
Commissioner Price thanked Clarence Grier for this final report and for his service to
Orange County.
Commissioner Burroughs said she was the Commissioner who asked the question about
the uses of the fund balance. She said she understands the issues of not knowing what the
state will do in this next budget cycle. She said she does appreciate the school system bringing
the issue forward, and she said this issue of a time window will come up again. She said if the
County waits for a bond to pass before planning and building, it will mean doing that concurrent
with having to build a new elementary school. She said there is an opportunity, with this
window, to get ahead of that and delay building a new elementary school.
Commissioner Burroughs thanked Clarence Grier for his service to the County.
Chair McKee also thanked Clarence Grier for his service to Orange County.
Clarence Grier thanked them all for the opportunity to serve the Board of County
Commissioners, the employees, and the residents of Orange County.
Commissioner porosin said the recommendation is to put $1.5 million in the OPEB fund
now. He asked, given the comments about phasing, why this cannot be done in June.
Clarence Grier said when the County wants to issue debt they may have to go to the
public markets to do this. He said this will be reviewed through the local rating institutions and
the Local Government Commission LGC), who will ask whether the County has done what was
promised as part of the budget policy. He said if this money is not put in now, it should not be
delayed for long. Clarence Grier said there is an established policy of putting the funds into
OPEB when there is an excess in fund balance.
Bonnie Hammersley echoed Clarence Grier's comments. She said this is the year end
of 2014. She said if you wait and do not put anything in now, it means missing a budget year.
Chair McKee asked if an implied policy has been established by putting the money in
during this time frame over the past several years.
Clarence Grier said yes, this is an implied practice.
A motion was made by Commissioner porosin, seconded by Commissioner Jacobs to
put$500,000 to the Post Employee Benefit Funds (OPEB); $450,000 to replenish the Social
Justice Fund; and to leave $2.1 million as unassigned balance to be used to balance the FY
2015-16 budget.
VOTE: Motion Fails 3-4
Ayes, 3 (Commissioner Jacobs, Commissioner porosin, and Commissioner Rich) - Nays, 4
(Commissioner Burroughs, Commissioner Price, Chair McKee, and Commissioner Pelissier)
A motion was made by Commissioner Pelissier, seconded by Commissioner Burroughs
to approve the following recommended uses of the General Fund available fund balance:
• $1.5 million of the excess fund balance to continue the funding of the Other Post
Employment Benefits (OPEB) Fund;
• $450,000 to replenish the Social Justice Fund or for FY2014-15 appropriations as
needed; and
• the remaining balance of$1.1 million available unassigned balance be used to balance
the FY2015-16 budget;
VOTE: Motion Passes 4-3
Ayes, 4 (Commissioner Burroughs, Commissioner Price, Chair McKee, and Commissioner
Pelissier) - (Commissioner Rich, Commissioner Jacobs, and Commissioner porosin)
8. Reports
NONE
9. County Manaqer's Report
Bonnie Hammersley said the Board will be receiving the agenda for the January 27 work
session, and she reviewed the following items from that agenda:
Proiected January 27, 2015 Reqular Work Session Items
• Follow-up on Ephesus Church Road/Fordham Boulevard Public Improvements and
Request for County Investment in the Project
• Application and Guidelines for the County's '/4 Cent Sales Tax Business Investment
Grants &Agriculture Investment Grants
• FY 2015-16 Budget Assumptions/Fiscal Outlook/Budget Update/Budget Drivers (in Prep
for BOCC Retreat)
• Board Appointments to Advisory Boards/Commissions
Bonnie Hammersley said the first quarterly fiscal report, ending Sept. 30, 2014, is
included in their information packets.
Clarence Grier said the second report will be available on January 27tn
10. County Attorney's Report
NONE
11. Appointments
Commissioner Jacobs noted that the Board is going to finally address appointing people
who have not been recommended. He said there are cases where there is a preponderance of
females as opposed to males, or Chapel Hill residents as opposed to Orange County residents.
He said he would be moved to recommend additional people to fill these recommended
positions, but only in deference to the fact that the Board has not had this conversation, will he
be quiet about that tonight.
a. Affordable Housinq Advisory Board —Appointments
The Board considered making appointments to the Affordable Housing Advisory Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
appoint the following to the Affordable Housing Advisory Board:
• Appointment to a first full term (Position #2) At-Large for Ms. Vanessa Soleil ending
09/30/2017.
• Appointment to a first partial term (Position #4)At-Large for Ms. Traci Wooten ending
06/30/2016.
• Appointment to a second full term (Position #5) At-Large for Ms. Nannie M. Richmond
ending 06/30/2017.
• Appointment to a second full term (Position #8) At-Large for Ms. Patsy Barbee ending
06/30/2017.
• Appointment to a first full term (Position #11)At-Large for Mr. Noah Oswald ending
06/30/2017.
POSITION NAME SPECIAL EXPIRATION
NO. REPRESENTATIVE DATE
2 Ms. Vanessa Soleil At-Large 09/30/2017
4 Ms. Traci Wooten At-Large 06/30/2016
5 Ms. Nannie M. Richmond At-Large 06/30/2017
8 Ms. Patsy Barbee At-Large 06/30/2017
11 Mr. Noah Oswald At-Large 06/30/2017
VOTE: UNANIMOUS
b. Arts Commission —Appointments
The Board considered making appointments to the Arts Commission.
A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
appoint the following to the Arts Commission:
• Appointment to a partial term (position #6) At-Large for Ms. Lynne Albert expiring
09/30/2016.
• Appointment to a partial term (position #12)At-Large for Mr. lan Bowater expiring
03/31/2015.
• Appointment to a partial term (position #15)At-Large for Ms. Kim Roberts expiring
03/31/2015.
POSITION NAME SPECIAL EXPIRATION
NO. REPRESENTATIVE DATE
6 Lynne Albert At-Large 09/30/2016
12 lan Bowater At-Large 03/31/2015
15 Kim Roberts At-Large 03/31/2015
VOTE: UNANIMOUS
c. Commission for the Environment—Appointment
The Board considered making an appointment to the Commission for the Environment.
A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to
appoint the following to the Commission for the Environment:
• Appointment to a partial term (Position #6) At-Large for Dr. Thomas Eisenhart expiring
12/31/2016.
POSITION NAME SPECIAL EXPIRATION
NO. REPRESENTATIVE DATE
6 Dr. Thomas Eisenhart At-Large 12/31/2016
VOTE: UNANIMOUS
d. Economic Development Advisory Board —Appointment
The Board considered making an appointment to the Economic Development Advisory
Board.
A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
appoint the following to the Economic Development Advisory Board:
• Appointment to a first full term (Position #6) Core Business Community for Ms. Paige Zinn
expiring 06/30/2017.
POSITION NAME SPECIAL EXPIRATION
NO. REPRESENTATIVE DATE
6 Ms. Paige Zinn Core Business Community 06/30/2017
VOTE: UNANIMOUS
e. Oranqe County Housinq Authority—Appointments
The Board considered making appointments to the Orange County Housing Authority.
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
appoint the following Orange County Housing Authority:
• Appointment to a first full term (Position #1) At-Large for Ms. Evelyn Johann expiring
06/30/2019.
• Appointment to a second full term (Position #2) At-Large for Ms. Jean Bolduc expiring
06/30/2019.
POSITION NAME SPECIAL EXPIRATION
NO. REPRESENTATIVE DATE
1 Ms. Evelyn Johann At-Large 06/30/2019
2 Ms. Jean Bolduc At-Large 06/30/2019
VOTE: UNANIMOUS
Commissioner Jacobs asked about the position on this board that is filled by the Interim
Housing Director.
Donna Baker said when the by-laws were redone this position was designated as
whoever was in that director position. She will follow up with providing information on this to the
Board.
12. Board Comments
Commissioner Price attended the North Carolina Association of County Commissioners
(NCACC) Legislative Goals conference. She said the suggestion of County Commissioners
being able to carry guns into meetings was defeated.
Commissioner Price said she also attended an open session on board procedures, and
some of the issues raised are things that should be discussed as the Orange County Board
revises various processes.
Commissioner Jacobs de facto represented the Board at an event at the UNC LAUNCH
center. He said some of the program alumni were present, and it was amazing to see how
successful many of them have been.
Commissioner Pelissier said the Orange Durham Express has started service in
Mebane, and it now provides service all the way to Durham and Duke University.
Commissioner Pelissier she is attending an upcoming breakfast sponsored by the UNC
Institute for the Environment. She said the former mayor of Bogata will be speaking, and he is a
world renowned expert on sustainable transportation.
Commissioner Pelissier said Wake County is revising their transit plan, and the timeline
for a proposal is this summer. She said the Triangle Transit Special Tax Board met today and
there were several attendees from Wake County.
24th.
Commissioner Pelissier said the annual Mental Health Legislative Breakfast is January
Commissioner porosin said he attended an informational meeting in Efland, and many
residents were excited about the new circulator route, but they have had difficulty getting
information on the times and the route. He asked the planning department if there were any
handouts or information that could be provided.
Commissioner porosin said he attended a public hearing on the proposed new
economic development in Carrboro. He said a developer wants to move the art center building
in order to build a new hotel on the property. He said there are many changes proposed to this
property, and the Board needs to be monitoring the impacts. He said the development plan
seems as if it would require some support from the County.
Commissioner Rich said she supports the idea of having Board comments at the
beginning of the meeting.
Commissioner Rich said she volunteered for the first time with the Department of Social
Service's (DSS) Toy for Tots, and it is an awesome program.
She thanked David Stancil for the mini parks tour in northern Orange County this past
weekend.
Commissioner Rich said her various commissions met over the break. She said the
Durham Orange Chapel Hill work group met and discussed changing the path of the light rail.
She said Durham is also purchasing some land around where the light rail will be located, and
this is intended for affordable work force housing.
Commissioner Rich said the Home First calendar is out, and the retreat will be February
14th at the Carolina Inn.
Commissioner Rich said the Visitor's Bureau met yesterday, and numbers are on target.
She said a lot of large jobs are being completed, and occupancy numbers may go down as a
result. She said there were also a lively discussion about the proposed hotel in Carrboro, as
well as a discussion of"Airbnb."
Commissioner Rich said ParkontheHill.com is a new app for parking in Chapel Hill.
Commissioner Price said the Agri Summit will be on Feb 16th, and registration is
available on-line.
Chair McKee said he attended the MLK Banquet this past weekend, which was put on
by the NAACP, as well as another event at the Kenan Center.
Chair McKee said he spoke at the event in Hillsborough on voices of Martin Luther King
and others who have moved us forward on social justice issues. He said all citizens need to
step up to reiterate these voices from the past and bring new voices on how to move forward.
13. Information Items
• December 9, 2014 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Assessor's Report - Releases and Refunds under $100
• Major Fund Financial Statement for the Quarter Ended September 30, 2014
• BOCC Chair Letter Regarding Petitions from December 9, 2014 Board Meeting
14. Closed Session
A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to go
into closed session at 9:28p.m.for the purposes of:
"To discuss the County's position and to instruct the County Manager and County Attorney on
the negotiating position regarding the terms of a contract to purchase real property," NCGS §
143-318.11(a)(5).
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Price, seconded by Commissioner Rich to
reconvene into regular session at 10:55 p.m.
VOTE: UNANIMOUS
15. Adiournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
adjourn the meeting at 10:55 pm.
VOTE: UNANIMOUS
Earl McKee, Chair
Donna Baker, Clerk to the Board