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HomeMy WebLinkAboutAgenda - 03-17-2015 - 6a 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:March 17, 2015 Action Agenda Item No.6-a SUBJECT: MINUTES DEPARTMENT:PUBLIC HEARING: (Y/N)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: February 3, 2015BOCC Regular Meeting February 10, 2015BOCC Work Session March 6, 2015BOCC Special Meeting (Rural Internet) 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 Attachment 1 2 3 DRAFTMINUTES 4 BOARD OF COMMISSIONERS 5 REGULAR MEETING 6 February 3, 2015 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met in regular session on Tuesday, 10 February 3, 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C. 11 12 COUNTY COMMISSIONERS PRESENT : Chair McKee and Commissioners Mia Burroughs, 13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich 14 COUNTY COMMISSIONERS ABSENT : 15 COUNTY ATTORNEYS PRESENT : John Roberts 16 COUNTY STAFF PRESENT : County Manager Bonnie Hammersley, Assistant County Manager 17 Cheryl Young and Deputy Clerk to the Board David Hunt(All other staff members will be 18 identified appropriately below) 19 20 Chair McKee called the meeting to order at 7:00p.m. 21 1.Additions or Changes to the Agenda 22 Chair McKee noted thefollowing items at the Commissioners’ places: 23 Blue sheet –Strategic Communications information for the Work session following the 24 regular meeting 25 White Sheet –Petition from the Orange Partnership for Alcohol and Drug Free Youth 26 27 PUBLICCHARGE 28 Chair McKee dispensed with the reading of the public charge. 29 30 2.Public Comments 31 a.Matters not on the Printed Agenda 32 Marianne Hark with Orange Partnership for Alcohol and Drug Free Youthread from the 33 petition included in the abstract, which outlines the need for regulation of Alcopops in North 34 Carolina. 35 36 b. Matters on the Printed Agenda 37 (These matters will be considered when the Board addresses that item on the agenda below.) 38 39 3.Petitions by Board Members 40 Commissioner Rich said she has had a number of questions about Google Fiber coming 41 to the areaand what can be done for people who do not have internet. She said there needs to 42 be a statement issued regarding the Board’s efforts to help those without access. She noted 43 the divide between internet accessavailability in the two school systems. 44 Chair McKee said this is an informational item. He said he has spoken with Time 45 Warner Cable (TWC), and they have the same type of fiber system in place in some of the 46 Chapel Hill neighborhoods. He said he has spoken with them about trying to push some of that 47 out into the County. 48 Bonnie Hammersley said staff is strategizing about how to address this, and there have 49 been discussions with Time Warner Cable. She said there have been numerous inquiries from 2 1 residents without access, and she has been working with the information technology directorto 2 consider options for more Countywide accessibility. 3 Commissioner Rich said this should be viewedas a social justiceissue. She said it is a 4 shame to have the top public university in the country and not have internet service for 5 everyone. 6 Commissioner Jacobs recognized and welcomed former Orange County Commissioner 7 Moses Carey,who was in attendance. 8 9 4.Proclamations/ Resolutions/ Special Presentations 10 th 11 a.Orange County Arts Grant Recipients & 30Anniversary of Arts Commission 12 The Board presentedchecks to local artists and arts organizations receivingFall 2014 13 Orange County Arts Grants, and acknowledgedthe 30th Anniversary of the Orange County 14 ArtsCommission, established unanimously by Resolution of the Board of County 15 Commissioners on February 4, 1985. 16 Moses Carey said the purpose of tonight is to celebrate30 years of the Arts 17 Commission. He noted the tremendous economic impact the development of arts has provided 18 to the County. He thanked the Board for their support. 19 Arts Commissioner Director Martha Shannon reviewed the history of the creation of the 20 Arts Commission. She said the total state grassroots allocation from 1985 through the present 21 time is $695,048, and $78,394 in state funds was retained by the Arts Commission to fund the 22 arts programming. She said from 1987 to the present, the arts commission sub-granted 23 $565,452 in County funds to artists and non-profit arts organization. 24 Martha Shannon said this year the arts commission awarded $26,925 in County funds. 25 Commissioner Burroughs handed out the grants as Chair McKee read through the 26 following list of recipients: 27 28 Fall, 2014 Grant Recipients 29 Grantees:Attendees: 30 Ashley Clay ArtsCenter - 31 Barbara Barnes Barbara Barnes - 32 Ben Rodgers Cedar Ridge High School - 33 John Konanc Chapel Hill Philharmonia - 34 Sarah Cornette 35 Joy Javits Door to Door of UNC Health Care - 36 Tammy & Brandon Finch Expedition School - 37 Cyndi Whisnant & Holly Extraordinary Ventures - 38 Johnson 39 Nerys Levy Friends of the Carrboro Branch Library - 40 Philip Cooley Hillsborough Arts Council - 41 Rachael Cruickshank McDougle Elementary School PTA 42 Bethany Donnell North Carolina Symphony Society, Inc. - 43 Marichi Gupta, Rosie One Song Productions - 44 Kerwin & Julia Perkins 45 Beverly Tyndall & Cristina Phillips Middle School PTSA - 46 Smith 47 Alicia & Miriam Altmueller Seawell Elementary School PTA - 48 Lindsay Ann Leach Sparks Lindsay Ann Leach Sparks - 49 Lauren Lorentz de Haas Triangle Youth Ballet - 50 Barbara Tyroler Barbara Tyroler - 3 1 2 b.OWASA Annual Update Presentation 3 The Board receiveda presentation and information from the Orange Water and Sewer 4 Authority (OWASA) on recent activities. 5 OWASA Board Chair John Young introduced Executive Director Ed Kerwinand several 6 other staff and board members. HesaidOWASA earned the Sustainable Water Utility 7 Management Award in the fall from the Association of Metropolitan Water Agencies. 8 John Young discussed the preliminary engineering study for sewers in the Historic 9 Rogers Road, which is funded by the County and the townsat a cost of $130,000. He said this 10 study is scheduled for completion in late March. He said there have been no major surprises in 11 the study so far. He said the final cost of the project will not be known until the completion of 12 the construction design. He said anew inter-local agreement is being drafted to keep things 13 moving into the next phase of installation and construction, and once all of this is in place, it will 14 take about 2 years to complete this project. 15 John Young discussed bio-solids management, which is handledat the Mason Farm 16 wastewater treatment plant. He said evaluations are underway to optimize the sustainability of 17 those operations. He discussed the different methods of recycling this material. He discussed 18 the work and partnership with local farmers in this process. 19 John Young reviewed information on rates and affordability. He said the recent 20 refinancing of bonds will yield $2.5 million in savings for customers. He noted that there have 21 been no rate increases for service in the past 3years. 22 He discussed affordability outreach efforts, and he expressed thanks to Nancy Coston 23 at the Department of Social Services and James Davis at the Department of Housing and 24 Human Rights and Community Development for their contributions to this project. He said this 25 has resulted in a new process by which OWASA will not disconnect service to customers 26 actively seeking financial aid for their water bills. He said information is also being provided to 27 the public regardingwater conservation and how to reduce water bills. 28 Chair McKee expressed his appreciation for the sensitivity shown in handling the bio- 29 solids issue and in addressing the affordability concerns. 30 Commissioner Price asked what the aforementioned $2.5 million in savings will look like 31 in terms of its effect on an average customer on a monthly basis. 32 John Young said this will not go into the bills right away. He discussed overall numbers 33 andsaid this would equate to about a one percent savings over a ten year period. He said the 34 average homeowner will likely not notice a direct change to their bill. He said rate and budget 35 decisions will be made this spring. 36 Commissioner Rich asked if the Care toShare Program will replacethe Taste of Hope 37 program. 38 John Young said yes. 39 Commissioner Rich asked how this program is going. 40 Orange County appointee to the OWASA board TerriBuckner saidstaff is a little behind 41 in making the changes to the website, due to the associated costs. She said work is still being 42 done to make this operational, and there have been no changes yet. 43 Commissioner Rich said this program allows people to round theirbillpaymentup to the 44 nearest dollarto help people who cannot pay their water bills. 45 TerriBuckner said some of the wealthier residents in southern Orange County do not 46 get a water bill, so there needs to be some restructuring of the contributions to allow everyone 47 the opportunity to give. 48 Commissioner Pelissier asked about the mitigation tract for forestry management. 49 Ed Kerwinsaidhe believes this is around 100 feet, and he will email the manager with a 50 more specific answer. 4 1 Commissioner Pelissier asked for more information about the composting of bio-solids 2 John Young saidthe process introduces other biomaterials, along with the bio-solids, to 3 create compost for landscaping companies, golf courses, farmers and others. He said Orange 4 County’s waste is treated to the highest EPA standard. He said there have been concerns 5 expressed by citizens about pharmaceutical products that may enter the waste stream and be 6 in the compost. He said the farmers do not see any health or safety issues with the compost. 7 Commissioner Dorosin noted that the County has a living wage policy, and he asked if 8 OWASA has any employees that make less than the living wage. 9 Ed Kerwin saidhe assumes that everyone is above that, but OWASA is embarking on a 10 total compensation study this year that will look at this. 11 Commissioner Dorosinasked if the Care to Share program is completely funded by 12 private citizens. 13 John Young said OWASA is not authorized to support these programs. He said they 14 endeavor to support community giving to come to the aid of residents, but it is difficult to even 15 rationalize supporting the marketing of these programs. 16 Commissioner Dorosin asked about the possibility of requestingspecial legislationto 17 change these legal constraints. 18 John Young said OWASA seeks co-funding, and this is more consistent with the 19 mission of the County and other local partners. 20 Commissioner Dorosin saidhe would like to explore every path possible. 21 Commissioner Jacobs said one of the major constraints on theOWASA board members 22 is the limitation of the purchase and sale agreement. He wonders if OWASA should be 23 encouraged periodically to approach the University about renegotiating this purchase and sale 24 agreement,so that the cost of service can be discussed. He suggested reaching out to the 25 new leadership at the University. 26 Commissioner Jacobs commended OWASA on the energy savings and the wastewater 27 treatment plant. 28 He asked about the planned process for resolving the bio-solids management issues. 29 John Young said long term there is potential for collaboration with other water and 30 sewer utilities in the region. He said some solutions involve a larger scale than would be 31 inappropriate for OWASA’s operation. He said this would involve time to develop and work out 32 with other partners. 33 John Young said the short term decisions will be figuring out the balance between the 34 dewatered cakes, compost and liquid bio-solids application. He thinks that residents concerned 35 about risks do not seem to see a difference between these forms. He said these residents are 36 more concerned with the long term solutions. 37 He said there are meetings planned with local farmers and all concerned parties. 38 Commissioner Jacobs notedthe University seems intent on maintaining its own airport, 39 and the bio-solids land is a contiguous property. He hopes OWASA will continue to use this 40 land for some public purpose. 41 Commissioner Richasked if there are any plans to place solar panels on either plant to 42 help with electrical cost. 43 John Young said this has been evaluated, and it would only be cost effective if there 44 was a private partner to provide cost investment. 45 Commissioner Rich saidshe has seen this work at a plant outside of Phoenix. 46 John Young said OWASA will be looking seriously at energy management. 47 48 5.Public Hearings –NONE 49 50 5 1 6.Consent Agenda 2 3 4 Approval ofConsent Agenda 5 A motion was made by Commissioner Pelissier,seconded by Commissioner Rich to 6 approve all theitems on the Consent Agenda. 7 8 VOTE:UNANIMOUS 9 10 a. Minutes –None 11 b. Motor Vehicle Property Tax Releases/Refunds 12 The Board adopteda resolution, which is incorporated by reference,to release motor vehicle 13 property tax values for fourteen (14)taxpayers with a total of seventeen (17) bills that will result 14 in a reduction of revenue.Approval of theserelease/refund requests will result in a net 15 reduction of $4,282.94 to Orange County, the towns,and schooland fire districts. Financial 16 impact year to date for FY 2014-2015 is $29,708.80. 17 c. Property Tax Releases/Refunds 18 The Board adopteda resolution, which is incorporated by reference,to release property tax 19 values in accordance with NorthCarolina General Statute 105-381 for four (4) taxpayers with a 20 total of four (4) bills that will result in areduction of revenueof $3,259.68 to the County, 21 municipalities, and special districts. 22 d. Applications for Property Tax Exemption/Exclusion 23 The Board approvedfive (5) untimely applications for exemption/exclusion from ad valorem 24 taxation forfive (5) bills for the 2014 tax year andapprovedaresolutionfor the above-listed 25 applications forFY 2014/2015 exemption. 26 e. Advertisement of Tax Liens on Real Property 27 The Board accepteda report on the amount of unpaid taxes for the current year that are liens 28 on real property as required by North Carolina General Statute (NCGS) 105-369 andapproved 29 a request thatMarch 25, 2015 be set by the Board as the date for the tax lien advertisement. 30 f. Orange County Arts Commission Annual DCP Renewal with NC Arts Council 31 The Board authorizedthe Orange County Arts Commission and staff to apply by the March 2, 32 2015 deadline for Designated County Partner (DCP) renewal from the NC Arts Council in order 33 to receivestate Grassroots Arts Program funds for Orange County. 34 g. Request for Road Addition to the State Maintained Secondary Road System 35 The Board approved:1) Making an affirmative finding that the re-development of Whirlaway 36 Lane into apublic road is consistent with the provisions of Section 7.8.1 and 7.8.2 of the UDO 37 as recommended by staff;and 2) Recommending sending the application to NCDOT for 38 addition to the State Maintained Secondary Road System. 39 h. Boardsand Commissions –Commissioner Assignments 40 The Board approvedthe list of boards and commissions on which members ofthe Board of 41 County Commissioners have chosen to serve as agreed upon at the January 27, 2015 BOCC 42 Work Session. 43 44 7.Regular Agenda -NONE 45 46 8.Reports 47 48 a.Report of the Orange County Housing Authority 49 The Board consideredaccepting the report of the Housing Authority for 2014 and 50 providing feedback. 6 1 Jean Bolducthanked the Commissioners for their funding of this department even 2 during the difficulty of the sequester. Shereviewedsome highlights from the following report, as 3 included in the abstract: 4 5 Though the following is not an exhaustive list, it does represent the Board’s primary 6 activities and accomplishments. 7 • During the late Spring and through the Summer, there was a growingcontroversy surrounding 8 the decision of one property management company(GSC) to discontinue its acceptance of 9 Housing Choice Vouchers. This was acorporate level decision based on many factors, having 10 nothing to do withOrange County’s voucher holders or the management of its program. 11 Nevertheless, activists and housing advocates took up the issue and beganmeeting regularly in 12 an effort to force GSC to reverse its decision. 13 Although we are always concerned about the pressure on our housing market, theVoucher 14 program itself was managing this within its normal course of activity. Wewere left, then, with a 15 disconnect between the actual problem and the perception ofthe problem. 16 Through the summer, Mr. Davis and I spend many Wednesday afternoons atEmpowerment, 17 Inc. meeting with the ad hoc group of advocates who were seeking toassist the affected 18 families. We spent a significant amount of time correctingmisinformation on many points, the 19 leading one being thatthese families were“losing their vouchers.” 20 This activity culminated in a press conference given by the mayors of Chapel Hilland Carrboro 21 to bring attention to the issue and to assistance funds they hadavailable to help families that 22 needed emergency funds for security deposits. Mr.Davis spoke at the August press 23 conference, which was well covered by local media,and we both took questions from reporters 24 during and following the pressconference. 25 26 Takeaway: The Orange County Community, including several segments of housingproviders, 27 advocates, political leadership and the general public would benefit fromlearning much more 28 about the HCV program and how it works in Orange County. 29 Following the mayors’ press conference in August, the Housing Authority, aspromised, hosted 30 an information session for landlords and the public about theprogram and how to participate as 31 a housing provider. It was held at the OrangeCounty Library in Hillsborough and had modest 32 attendance. We were disappointedthat none of the housing advocates were able to attend, 33 after repeatedly requestingsuch a meeting. 34 • As a beginning to our educational efforts, we have (in addition to the PowerPointcreated for 35 the Landlords meeting) created a brochure that was printed in January2015after review with 36 the County’s Public Information Officer. We are also lookingforward to taking advantage of new 37 information infrastructure soon to be availablewhen the County launches its new website. It’s 38 critically important that OrangeCounty’s Voucher program not “rest on its laurels” after many, 39 many years of beinga quietly well-run, effective program. 40 41 Takeaway: The Orange County Government has long supported the HCV programand now 42 does so at an even greater funding level following Federal Sequester. During2015, we would 43 like to raise the profile of the HCV program and its benefits totaxpayers to highlight the value of 44 that investment. 45 • In response to the increased pressures on the Orange County housing market, ourboard 46 voted at year-end to exercise its authority to increase the program’s paymentstandard to 110% 47 of the HUD Fair Market Rent (FMR) rate. We are able to makethis change without 48 authorization from HUD, but to extend further (up to 120%) wewould need written consent from 49 HUD’s Greensboro office. This will allow manyfamilies to stay where they are, despite rental 7 1 increases due to renovations. Itexpands the affordable options for those assisted by the HCV 2 program but will tendto reduce the total number of families overall that we can help. 3 • We have also taken administrative steps to bring onto our books some of the voucherholders 4 who have moved to Orange County with the permission of their authorities.Most of these are 5 families with vouchers issued from the Durham HousingAuthority. This process is called 6 “absorption” and means that instead of simplyaccepting a “pass-thru” payment from Durham 7 with those vouchers being counted byHUD as Durham vouchers, they become Orange County 8 vouchers and areadministered in the future just as any other we issued. This is important for us 9 to dobecause it helps to more accurately reflect the number of families who are here and 10 receiving assistance from our program. It also reduces the administrative burdenthat is created 11 for the two agencies who are cooperatively managing one voucher intwo jurisdictions. 12 • Our struggle to operate as a board cannot be overstated. Following the retirement of one 13 board member and the loss of two others due to lack of attendance (one new board member 14 never appearedat all), we were forced to cancel several monthly board meetings for lack of 15 quorum. How to confront this problem and our attemptsto mitigate its consequences took an 16 unfortunately significant amount of time for Mr. Davis and me. 17 18 Takeaway: In the future, if faced with this type of issue, we will reach out to theChair of the 19 County Commissioners (and staff) for assistance much sooner. 20 • We have begun efforts to secure an HCV participant as a board member (as requiredby 21 HUD) and hope to have a recommendation for the Board of Commissioners’review and 22 approval in the first quarter of 2015. With a more complete complementof board members in 23 2015, we hope to do more. 24 We welcome your feedback and guidance as to how we can better serve Orange County inthis 25 important capacity of providing citizen oversight for the Housing Choice Voucherprogram. We 26 look forward to a productive and progressive year ahead. 27 28 Jean Bolduc said families affected by the changes to section 8 housing were all 29 successfully relocated,and no one was abruptly displaced. She said it was still difficult, but it 30 was not as bad as the publicity made it seem. She said it has been made clear that there is 31 work to be done in educating the public and the landlords about the pros and cons of the 32 program, and there is a need to get more landlords involved. She said Orange County is lucky 33 to have a very well-run section 8 program, and she expects this to continue. 34 Chair McKee thanked her for the report. 35 Commissioner Rich asked about the struggles to get a quorum on this board. She said 36 there might need to be discussion about solutions to this issue. She suggested that perhaps 37 there need to be other people appointed to the board. 38 Chair McKee said this has been a sporadic problem forall boards, and there have been 39 letters issued to remove people for non-attendance in the past. 40 Commissioner Jacobs said staff keeps attendance and provides a periodic report. 41 Jean Bolduc said this attendance can be reported to the clerk on a quarterly basis. 42 Commissioner Rich said she would like to get this for all of the boards. 43 Commissioner Dorosin said he has real concerns about thesection 8 program’s 44 continuing viability in a high wealth community. He asked if the landlords are not taking 45 vouchersdue to perceived stereotypes about the people who use them, or if it seems to be a 46 problem of cost now that the economy is back up. He said he is concerned that this is an issue 47 of money. 48 Jean Bolduc said the money is a difficult challenge, but both of these issues are factors. 49 She said the board has increased the payment standard from 100 percent to 110 percent of fair 50 market rent. This means the value of all of the vouchers goes up, but the number of families 8 1 served will decrease. She said there will be a greater pool of available housing. She said the 2 larger view is that section 8 is only one program, and it is not the silver bullet to make housing 3 affordablein this community. She said there is a whole menu of options to address the 4 problem that exists. 5 Commissioner Dorosin agreed, and he said that is an excellent point. He wonders if 6 section 8 is not as useful in this community, given the economic realities, as other menu 7 options. He clarified that the overall pool of money has not changed, so this is why the increase 8 in the value of each voucher means that the number served will decrease. 9 Jean Bolduc said that is correct. 10 Commissioner Dorosin asked about the situation with the Gateway Apartments in 11 Hillsborough. 12 Jean Bolduc said thatapartment complex is a project base section 8, versus a tenant 13 based section 8. She said these project base section 8 programs are run directly from HUD, 14 and her staff has no management in those vouchers. 15 James Davis saidone of the issues landlords mayin not accepting vouchers is that the 16 department does have a high standard from the inspection process. He said landlords know 17 that they can rent apartments to low income residents without vouchersand not have to meet 18 the quality standards that have to be met with a voucher. 19 Commissioner Dorosin said the County ought to be a resourcefor working closely with 20 other groups. He said there needs to be synergy in these efforts. 21 Commissioner Burroughs asked about the status of thewaiting list. 22 James Davis said there are about1300residents on the waiting list. He said there is an 23 average wait time of 5 to 8 years. 24 Commissioner Jacobs referred to his previous discussion of section 8 childcare 25 subsidies from the County. He asked if more affordable housing opportunities could be offered 26 to more people if there was enough money to bump the 110 percent up to 120 percent. 27 Jean Bolduc said HUD would probably not allow that additional subsidy, as it would be 28 counted as income to those individuals. She said of the housing department’s ideas is to take 29 some of the unrestricted funds from the sale of land to use for an incentive program for 30 landlords. This would provide a sign on bonus, and would pay for publicity to up the profile of 31 the program. 32 She said the County could also fund security deposits for residents coming into the 33 program. 34 James Davissaid this is permitted, and the Department of Social Services has been 35 doing this for people not already receiving subsidies from the towns. 36 Commissioner Jacobs said he hopesthere can be some strategizingabout how to 37 reduce the waiting list through judicious application of County funds, if the Board of 38 Commissioners can make them available. 39 He noted that the reduction of section 8 has been a concern of Congressman Pricefor 40 awhile, and he offered to have the Board communicate department information to the 41 Congressman. 42 43 b.Report of the Human Relations Commission 44 The Board consideredacceptingthe reporton the activities of the Human Relations 45 Commission (HRC) in response to the Commission’s request to address the issue of the 46 equitable treatment of womenand providing feedback to staff regarding any next steps. 47 Matt Hughesnoted that a report and plan have been submitted to the Board regarding 48 progress on addressing the topic of equitable treatment of women. He said there were 4 goals 49 in the report, as outlined below: 9 1 1) A proclamation to establish of August 26 as Women’s Equality Day in Orange County, which 2 was passed by the Board. th 3 2) AHuman Relations Month Forum, with a focus on the 19amendment, which was held this 4 past weekend. 5 3) A community read at the Orange County Library, which is scheduled for Monday, March 23, 6 with a book selection and topic focused on the equitable treatment of women. 7 4) A long term goal of forging relationships with organizationsthat promote women’s rights, 8 including the League of Women Voters, and the Compass Center. 9 10 Matt Hughes said, moving forward, the department will continue to work to address 11 concerns regarding discrimination and equal access,especially with regard to gender equity. 12 He said there will bea poster contestandan essay contest for the schools, as part of 13 the Pauli Murray awards. He said the work to foster parity in the community is ongoing. th 14 Commissioner Richsaid the 25anniversary of the Americans with Disabilities Act 15 (ADA) is coming up, and the Visitors Bureau is working on putting out a brochure listing all ADA 16 facilities and hotels. She suggested that the Human Resources Committeecould coordinate 17 with them on these efforts. 18 Chair McKee noted that CommissionerRich and Commissioner Priceparticipatedin the 19 Human Relations Month Forum. 20 21 9.County Manager’s Report th 22 Bonnie Hammersley noted that the work session on February 12will include discussion 23 regarding Potential Requirement that Contractors Doing Business with Orange County Pay 24 Employees a Living Wage. She said there will also be several carry-over items from the 25 January 30, 2015 Board Retreat, including the process forthe public to place items on a regular 26 meeting agenda, and a discussion on boards/commissions’processes. 27 28 10.County Attorney’s Report 29 NONE 30 31 11.Appointments- NONE 32 Chair McKee noted that he will follow up with the Clerk and Manager tomorrow 33 regarding the status of the Orange County Housing Authorityboard appointments. 34 35 12.Board Comments 36 Commissioner Price said she would like to make sure applicationsfor board 37 appointments are current, to insure that appointees are still interested in serving. She also 38 suggested checking to be sure the advisory board polices regarding unexcused absences are 39 being followed. 40 Commissioner Price said theNational Association of Counties (NACo)newsmentioned 41 that counties were moving forward with raising the minimum wage, ahead of the passage of the 42 minimum wage act. She said Orange County was not mentioned, and it would help if NACo 43 knew what Orange County has done. 44 Commissioner Jacobs said this should be communicated through Public Affairs. 45 Commissioner Jacobs said this meeting room will be used for the Agricultural Summit th 46 on February 16, and it will be free, with lunch provided. 47 Commissioner Jacobs commended Orange County Schools for paying all of its 48 employees a living wage, and Chapel Hill Carrboro Schools for being nominated to compete 49 nationally for their green practices. 10 1 Chair Jacobs said hemet with SteveBrantleyand others today to discuss how the 2 County might work to support the food council. He said these meetings are filled with energetic 3 young people who are excited to work on the local food economy. He said Steve Brantley will 4 be following up with the presentation of some new ideas. 5 Chair Jacobs expressedcondolences to the families of Charlene Pilkey and Don Shea. 6 Commissioner Dorosin said several weeks ago this Board passed a resolution regarding 7 equal access to education for immigrant children. He said other local boards were asked to 8 pass similar resolutions. He said the Chapel Hill Carrboro School Board has decided not to 9 pass a resolution, though they reiterated that they do not discriminate. He said the goal of 10 passing these resolutions is to add a progressive voice to a discussion that is often dominated 11 by anti-progressive advocates. 12 Commissioner Dorosin noted that the constitutionality of the private school vouchers will th 13 be discussed in the state supreme court on February 16. He said this will ultimately have an 14 effect on public school funding across the state. 15 Commissioner Rich asked when there will be discussion regarding the request to move 16 board comments up to the beginning of regular meetings. th 17 Chair McKee said this will be discussed at the February 10BOCC Work Session. 18 Commissioner Rich congratulated theChapel Hill High fencing team,who won their 19 division tournament and will be moving on to state competition. She recognized Bobby 20 Woodward, the electrician for the district, and LeonardSterns, the East Chapel Hill High 21 custodian, who stayed to watch the fencing tournament and helped clean up. 22 Chair McKeesaid he had the honor of speaking at an event put on by Free Spirit 23 Freedomto commemorate early Orange County schools for colored children. He said his 24 comments centered on not forgetting history, and he spoke on the desegregation of the school 25 system. He said this was a good event. 26 Commissioner Jacobs said there is an upcomingribbon cutting scheduled for the th 27 Mebane Park and Ridelot at the Wal-Martexit on Wednesday, February 18, at 10:30 a.m. 28 Chair McKeenoted that there are several information items contained in the packet. 29 30 13.Information Items 31 January 22, 2015 BOCC Meeting Follow-up Actions List 32 Tax Collector’s Report –Numerical Analysis 33 Tax Assessor's Report –Releases/Refunds under $100 34 Memorandum Regarding Road and Rail Traffic Separation Study for the Town of 35 Hillsborough Report 36 Memorandum Regarding Update to BOCC on 2013-2016 Library Strategic Plan 37 Memorandum Concerning Board of County Commissioners Petition Regarding Orange 38 Unified Transportation Board (OUTBoard)/Bicycle Safety 39 BOCC Chair Letter Regarding Petitions from January 22, 2015 Regular Board Meeting 40 Major Fund Financial Statement for the Six Months Ended December 31, 2014 41 42 14.Closed Session -NONE 43 44 15.Adjournment 45 46 A motion was made by Commissioner Burroughs,seconded by Commissioner Rich to adjourn 47 the meeting at 8:33 p.m. 48 49 VOTE: UNANIMOUS 50 11 1 Chair McKee announced a 5 minute break, after which the Board would reconvene for a work 2 session. 3 4 BOARD OF COMMISSIONERS 5 WORK SESSION 6 7 Chair McKee called the work session to order at 8:43 p.m. 8 9 1.Draft Strategic Communications Plan (SCP) 10 Assistant County Manager Cheryl Young saidthe draft strategic communications plan 11 came about as a result of the Board’s 2014 retreat. A three phase process was developed to 12 help move this forward. 13 She said the first phase included interviews with each of the Commissioners, and the 14 second phase was gathering of strategic communications plans being used by other 15 departments. 16 She said the final phase was the appointment of a communications workgroup facilitated 17 by Rod Visser. She said this group started meeting in July 2014, and a draft plan was put 18 together and circulated for peer review and comments from department directors. 19 Cheryl Young said comments that were in conflict with the group decisions are included 20 on the blue sheet. She asked for comment and direction from the Board on these four items. 21 Chair McKee said, although the Board typically does not vote in work sessions, direction 22 and consensus can be given. 23 Commissioner Jacobs asked how there could be dispute about the spokesperson for the 24 Commissioners. 25 Cheryl Young said there was not dispute about that, but this information was not 26 included in writing, and there was a question of whether to include it in this plan. 27 John Roberts said the Chair is the spokespersonfor the Board;however he also could 28 not find this in writing 29 Cheryl Young said there was an additional comment from John Roberts requesting that 30 the plan include notification that a declaration of a state of emergency is to be made by the 31 Chair of the Board of Commissioners. 32 Commissioner Rich asked the attorney if he thinks itis important to have a policynoting 33 that the Chair is the spokesman of the Board. 34 John Roberts said it might be helpful to add this to the procedure book. 35 Chair McKee said these things are unspoken policy, but it would be good to have it in 36 writing. 37 Commissioner Pelissier said this is discussedin new chair training. 38 Commissioner Price asked if it should be added that the Vice Chair takes over in the 39 absence of the Chair. 40 Chair McKee said this is a good suggestion, and staff can work on the wording and 41 bring it back to the Board for approval. 42 Cheryl Young saidthe second item is regarding the strengths, weaknesses, 43 opportunities, and threats (SWOT), which are set forth in the plan. She said there are differing 44 opinions on whether this should be included. She asked for Board comment. 45 Commissioner Jacobs said he agrees with the manager’srecommendationto include 46 this information. 47 Commissioner Dorosin asked if this is something that will be revised annually. 48 Cheryl Young said the plan states there will be a communications governance teamto 49 examine this and make recommendations for revision. She said it would be an easy snapshot 50 to look at the SWOT if it is left in there. 12 1 Bonnie Hammersley said she recommended that this stay in the plan, as it is an 2 attachment. She said this is a living document, and the SWOT analysis will be done on an 3 annual basis. Shesaid this can be used as a guide for measuring improvements, and she 4 thinks there is value in keeping it. 5 Commissioner Rich said it is important to understand that this is a living document. She 6 said communications are constantly changing, so there will be changes to this document. She 7 said the SWOT can be taken out later if it is not valuable. 8 Chair McKee said the Board consensus is to follow the manager’s recommendation to 9 include the SWOT. 10 Commissioner Pelissier said, on priority B, she would liketo specifically state that a 11 SWOT analysis should be done as part of the evaluation on an annual basis. 12 Chair McKee noted Board consensus on this proposal. 13 Cheryl Young referred to the third item, which is discussed the establishment ofa 14 protocol forCounty communicators to follow in determining what information warrants relay to 15 the Board of Commissioners. 16 She read the following peer review suggestion from the blue sheet: 17 (Any information that is shared with one Commissioner should be shared with all 18 Commissioners. You may want to reword this one to take the focus off of staff and put it on the 19 Commissioners; i.e. establish an appropriate method for Commissioners to use when 20 contacting individual staff members for information [such as all requestsgo through the County 21 manger, who then contacts the appropriate staff person to get the information and then 22 responds to ALL Commissioners.] You don’t want staff to get in the middle of a policy debate or 23 to be perceived as playing favorites.) 24 25 Chair McKee asked if this means that Commissioners would take it on themselves to 26 communicate with other Commissioners. 27 Bonnie Hammersley saidit is her recommendation not to take this peer review 28 suggestion. She said it is clear to her that the Board should have access to staff and should 29 communicate with staffas needed. She does not feel the Board needs to go through the 30 County manager to determine when to communicate with staff. She said there is a protocol in 31 place that when a Commissioner asks for information, a response is sent to all members of the 32 Board. 33 Commissioner Dorosin asked where this item is located in the actual plan. 34 Cheryl Young said this is shownonpage 34 in the second plan. 35 John Roberts said when hewas hiredhe was given instruction to communicate any 36 question from an individual Commissioner back to all of the Commissioners. 37 Chair McKee said the Board willfollow the manager’s recommendationon this item. 38 39 Cheryl Young said the final provision is regarding the protocol for communications that 40 representindividual Commissioner viewpointsversus those representing the Board as a whole. 41 She said the peer review stated that communications from the County should express the 42 official stance of the County, and any individual opinions should not be expressed using County 43 resources. 44 CherylYoung said the manager’s recommendation was to leave the provision in the 45 plan and allow an opportunity for protocol to be developed during implementation. She said the 46 manager did not want to limit Commissioners from sending a letter to someone because it had 47 not come before the entire Board. She said there are ways to identify communication as 48 coming from the entire Board by use of signatures and the County logo. She said this can be 49 clarified through the development of protocol. 13 1 Chair McKee asked the Manager address this. He feels that every Commissioner has a 2 right to state their position;however there is a fine line between County endorsement and 3 minority statements. 4 Bonnie Hammersley said this is a discussion for the Boardto have in order to address 5 this. She thinks that a media relations document, which has not been developed yet, will be a 6 good place to address this. She does not have a strong feeling on this, as she thinks it is a 7 Board issue. 8 Commissioner Rich said she hasnever written anything on letter head; instead she 9 replies to citizens by email, and she almost always starts by stating that she is representing her 10 own opinion. 11 Commissioner Jacobs saidthere was an issue related to this several years ago. He 12 said aCommissioner used County letter head,and someone took it as the view of the entire 13 Board.He said it is important to have an understanding that when letters are written, it is made 14 clear that the opinion isbeing expressed by an individual and is not an endorsement from the 15 entire Board. 16 Commissioner Price said she can go either way as long as a standard is set. She can 17 see an issue with using letterhead or email with a Board signature. She said people know each 18 of them are Commissioners, and if it just needs to be clear if their statements are personal. 19 Commissioner Dorosin said there was discussion earlier about formalizing a policy that 20 the Chair (or the Vice Chair) is the only formal spokespersonfor the Board, unless the Chair 21 designates someone else in his/her absence. 22 Commissioner Rich said it is important to make provision to designate another 23 spokesperson in the event that the Chair cannot make it to a meeting or event. 24 Chair McKee said he has been careful to make it clear when he is stating his opinion, 25 and he feels this is an obligation for the Commissioners. 26 Commissioner Price clarified that it is okay to use your title and to use County email. 27 Commissioner Richsaid she feels you should always use your County email when 28 responding to a citizen’s email. 29 Commissioner Price asked about the policy when responding to general events, or 30 letters to the editor. 31 Commissioner Rich said if you are not using your capacity as a County Commissioner, 32 then that is up for interpretation. 33 Chair McKeesaid it is important to look after what is best for the Board. 34 Commissioner Rich said this is more important in the Chair’s position, because you are 35 the voice of the Board, and it is more importantto clarify when a statement is your personal 36 opinion. 37 Chair McKeesaid he would likely not feel comfortable writing an opinion or argument 38 now that he is in the Chair position. 39 Commissioner Rich said she would recommend taking the manager’s recommendation 40 on this as well, and this can be developed as things move along. 41 Bonnie Hammersley said there may be an addition to clarify that the Board is the 42 spokesperson. She said the Commissioners have a right to speak as individual regarding 43 issues. 44 Chair McKee said he sees consensus to take the manager’s recommendation and 45 further fill this out. 46 Commissioner Jacobs asked about the next steps in this process. 47 Bonnie Hammersley said this has been reviewed, and an implementation team will be 48 put togetherto identify the low hanging fruit that can be addressed immediately. She said a 49 governance team will also be put together, and reports will come back to the Board on a 14 1 quarterly basis. She said this is a living document,and it will be used as a guide. 2 Commissioner Jacobsasked when the governance teamwill be appointed. 3 Bonnie Hammersleysaid this will be done as the document is revised and ready to go. 4 Commissioner Rich said thisplan is not intended to be too specific, but it is to be a 5 guidanceplan for the manager to implement. She said the implementation will then be worked 6 into the plan. She said some of the items are already being worked on, but some of the big 7 picture items are going to take a little more finesse. She said this will keepcoming to the 8 Board, and this will be an ongoing effort. 9 Chair McKee saidit is good to remember that this is a living document. 10 Cheryl Young thanked all of the committee members for their work. 11 12 A motion was made by Commissioner Dorosin,seconded byCommissioner Jacobs to 13 adjourn the meeting at 9:18 p.m. 14 15 VOTE: UNANIMOUS 16 17 Earl McKee, Chair 18 19 20 David Hunt,Deputy Clerk 21 22 1 1 Attachment 2 2 3 DRAFTMINUTES 4 ORANGE COUNTY BOARD OF COMMISSIONERS 5 WORK SESSION 6 February 10, 2015 7 7:00 p.m. 8 9 The Orange County Board of Commissioners met for a work session on Tuesday, 10 February 10, 2015 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. 11 12 COUNTY COMMISSIONERS PRESENT : Chair McKee and Commissioners Mia Burroughs, 13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich 14 COUNTY COMMISSIONERS ABSENT : 15 COUNTY ATTORNEYS PRESENT : John Roberts 16 COUNTY STAFF PRESENT : County Manager Bonnie Hammersley, Assistant County Manager 17 Cheryl Young and Deputy Clerk to the Board David Hunt (All other staff members will be 18 identified appropriately below) 19 20 Chair McKee called the meeting to order at 7:03p.m.He asked for a moment of silence 21 in honor of Dean Smith. 22 23 1.Discussion Regarding Potential Requirement that Contractors Doing Business 24 with Orange County Pay Employees a Living Wage 25 John Roberts reviewed the following background information and issues for 26 consideration: 27 28 BACKGROUND: At the December 9, 2014 meeting the Board adopted a motion to direct the 29 attorney to “come back with an explicit policy for when and under what circumstances the board 30 of commissioners can, might, and cannot require vendors or contractors to pay a living wage.” 31 In 2013 the North Carolina General Assembly limited the authority of counties and cities by 32 amending §153A-449, which authorizes contracting with private contractors, to include a new 33 sentence, “A county may notrequire a private contractor under this section to abide by any 34 restriction that the county could not impose on all employers in the county, such as paying 35 minimum wage or providing paid sick leave to its employees, as a condition of bidding on a 36 contract.” This language limits the County’s authority to contractually require a living wage to 37 those contracts for which the County does not solicit bids. A contractual living wage 38 requirement could therefore only apply to construction contracts below $30,000, purchases of 39 supplies andapparatus below $30,000, and service contracts in any amount so long as the 40 County did not choose to solicit bids. 41 Proposed policy: It is the policy of Orange County that vendors who enter contracts with Orange 42 County must pay their employees a living wage. This policy shall not apply to contracts in the 43 formal and informal bidding ranges or to any other contract on which the county solicits bids. 44 This policy may be adopted as a standalone policy, as part of the budget ordinance, oras part 45 of the general ordinances. 46 47 Issues for Consideration 48 1.What is the living wage? Is it what it costs to live in the county or the state? With or 49 without benefits? 2 1 2.Do we require the equivalent of an Orange County living wage when both the vendor 2 and the vendor’s employees live outside the county? Outside the state? 3 3.Do we require the vendor pay all of its employees a living wage or just those assigned to 4 the contract project? 5 4.Vendors can avoid this requirement by designating workers as subcontractors. Do we 6 require vendors to pay their subcontractors a living wage? Require vendors to require 7 subcontractors to pay their employees a living wage? 8 5.How do we verify and enforce the requirement(s)? Audits? Such a policy must be 9 enforced because it likely creates third party beneficiaries who could have grounds to 10 sue Orange County for its failure to enforce the provisions. 11 6.Is this policy to apply to contracts within a designated range of amounts to all vendors or 12 just those with more than a designated number of employees? 13 7.Some sole source vendors are likely to refuse to sign such a contract. Examples include 14 Time Warner, MuniCode, and Apple. How should this be addressed? 15 16 John Roberts saidhe does not believe the state statute applies to all contracts, but it 17 seems to limit the authority to contracts that require bidding. He said it is fine for the Board to 18 adopt a living wage policy as long as there are limits. He said, since bidding is never required 19 for service contracts, it may be a good idea to set a limit. He noted that Asheville has a limit of 20 $90,000 on service contracts, and the policy does not apply to anything above that, which 21 allows bidding for larger contracts. 22 He said Durham and Asheville require this by ordinance, and there are benefits and 23 downsides to this. He suggested that a policy may be the better way to do this. 24 Bonnie Hammersley said she has had previous experience with this in Dane County, 25 where this was done by ordinancefor human services contracts. She said all bids provided 26 terms requiring contractors to provide a living wage for their workers. She said there was also 27 no law like the one recently passed in North Carolina, and this is why this could be done. She 28 said there were no increased costs or decreased competitionas a result of this. 29 Chair McKee thanked her for this input. 30 Commissioner Dorosin asked John Robertsif he is recommending that this be a term of 31 the contract, rather than an ordinance. 32 John Roberts saidthis was initially suggested as a policy stating that the Board only 33 works with contractors who pay a living wage. He believes this can be addressed by putting a 34 clause in each contract for the designated amounts. He said if the contractor does not follow 35 this, it is a breach of contract. He suggested that the Board also give some discretion to the 36 manager to bypass it when necessary. He gave an example in which Apple was the sole 37 source of a needed information technology service. 38 Commissioner Dorosin asked if John Roberts thinks it would be easier to enforce this if 39 it isin acontract. 40 John Roberts said yes. He said these will be small contracts, and many could go to 41 small claims court or district court to have a dispute resolved. He believes this is easier than 42 going to superior court for an ordinance violation. 43 Commissioner Dorosin said if it makes more sense to have it in acontract, a minimum 44 damage clause, such as a liquidated damages clause, could be included. 45 John Roberts saidthere is case law stating that you cannot have a liquidated damages 46 clause that looks like a punishment. He said it has to have some sort of rational relationship to 47 the actual damages. 48 Commissioner Rich asked how the Countywould find out if someone is not living up to 49 the contract. 3 1 John Robertssaid the Countycan require auditing of the company’srecords, or an 2 appeals process can be provided for workers. 3 Bonnie Hammersley said Dane Countyheld back a percentage of the contractuntil the 4 contractor turned in their time records. 5 Commissioner Rich asked if Bonnie Hammersley had seen companies who did not play 6 by the rules. 7 Bonnie Hammersley said there were a couple of timeswhen funds were held back. She 8 said there were sometimes challenges when working with subcontractors. 9 Commissioner Price said the goalis to make sure employees are getting paida living 10 wage,and to make sure the County is dealing with companies that treat their employees 11 properly. She asked what happens if the County signs a contract, and the company pays a 12 living wage here, but then pays less in other locations. 13 John Roberts saideven if the County adopted an ordinance, it would only be applicable 14 in Orange County. 15 Commissioner Price asked if there is a way to find out what contractors pay their 16 employees on other jobs. 17 John Roberts said you can ask, but many contractors will not answer. 18 Commissioner Price asked what the minimum would be. 19 Chair McKee said the minimum would be $12.76. 20 Commissioner Jacobs said this is adjusted every year in the budget process, so it would 21 presumably go up. 22 Commissioner Jacobs said he feels that the questions on the second page are 23 interesting, and he would still like to get answers in writing from the staff. He said this 24 information can be gathered from other jurisdictions and through research. He said he would 25 like a list of the pros and cons of a policy versus a contract or an ordinance. He is not confident 26 that he has sufficient information to answer these very good questions. 27 Commissioner Price saidthe living wage in this area may be$12.76, but this is different 28 in other locations. She said this is worth investigating. 29 Chair McKee asked if this would fall under the samecategory as the question of 30 controlling jobs outside of the County’s jurisdiction. 31 John Roberts said the living wage would be tied to thework being done inOrange 32 County for Orange County. 33 Commissioner Dorosin said he would be happy to get more answersto some of these 34 questions, but he feels the County should require that workers here are paid the living wage 35 that Orange County has set. 36 Commissioner Dorosin said these are contracts that do not have to be bidonso there is 37 much more flexibility in who is chosen. He said the County can choose companies that 38 represent their interests, and the living wage is one of those criteria. He asked if there are any 39 other jurisdictions that have done this, other than Asheville and Durham. 40 Bonnie Hammersley said the City of Durham,DurhamCounty,and Ashevillewere the 41 three areas listed in North Carolina. 42 Commissioner Rich said it does send a messagethat the County expects employers 43 who work with them to pay a living wage. She said some of the questions do need to be 44 answered. She questioned whether Commission Dorosin wants this to be a policy or an 45 ordinance. 46 Commissioner Dorosin saidhe wants whichever of these options will be most easily 47 enforced and effectively defended in court. 48 Commissioner Rich asked if the County has received a letter from Chapel Hill Carrboro 49 City Schools(CHCCS) stating that they agree to pay a living wage. She noted that Orange 50 County hasprovidedthis letter. 4 1 Commissioner Burroughs saidin order for CHCCS to do this, it would have to come 2 through the budget process. 3 Commissioner Rich saidthe CHCCS arean extension of the County, since bothschool 4 systems receive almost half of the tax dollars. She said it is a problem to create a policy that is 5 not being followed by the inside circle. 6 Commissioner Burroughs said the CHCCS havebeen contracting out more over the 7 past several years. She said, in order to deal with the remaining employees and look at all of 8 the contracting that they do, it would be a multi-million dollar budget question. She said it could 9 bethe right thing to ask them to think about this, but it is a large scale discussion. 10 Commissioner Rich said the schools were asked to provide this information during the 11 collaborationmeeting, and Orange County provided this, but no letter or statement has been 12 received from CHCCS. 13 Chair McKee said he will follow up on this. 14 Commissioner Jacobs said hehas tried to push for doing this on contracts for years. He 15 said he has asked for follow up on how other jurisdictions deal with these issues. He noted that 16 no providers of homecare for the elderlycome close to payinga living wage for that service. 17 He questioned what the policy would be in a case like this, and he said it is important to 18 anticipate the difficulties of a potential policy. He said other jurisdictions have already dealt with 19 these issues and could provide advice. 20 Chair McKee said he is hearing that the Board would like to see answers for the 21 questions on page twoof their abstract. He said he will follow up with the chair of the Chapel 22 Hill Board of Education regarding the living wage question. He said his understanding is that 23 Orange County Schools’ movement on the living wage is for its employees, but he is not sure if 24 this applies to their contract providers. 25 Chair McKee suggested this item should be scheduled for another work session to 26 provide time for the answers to be provided. 27 Greg Wilder said thiscould possibly be added to the April 9thwork session. 28 Commissioner Pelissier asked if there have been any conversations with the Sheriff’s 29 department. 30 Bonnie Hammersley said she will follow up on this. 31 Commissioner Dorosin asked if this item can be discussed at a regular meeting, as soon 32 as it can be added. 33 Bonnie Hammersley said staff will bring it backas soon as possible. 34 Commissioner McKee said this can come back to a regular meeting, and the Board can 35 decide to vote or not vote at that time. 36 37 38 2.Discussion of Process for the Public to Place an Item on a Regular Board Meeting 39 Agenda 40 Chair McKee said that the Board did not get to this item at the recent retreat, although 41 there was a discussion of bringing petitions from the Board. He said he heard that if the petition 42 was an item that had a quick answer, then the manager or staff member could address it on the 43 same night. He said if it was a regular petition item or decision item that would require study, 44 the item would go through standard Chair/Vice-Chairagenda review and then brought back at a 45 later date. 46 Commissioner Price clarified that this is not regarding public petitions. 47 Chair McKee saidno. He is just trying to tie up the discussion that was started regarding 48 petitions by Board members. 5 1 Commissioner Rich asked what happens if there is an information item, and the person 2 who can provide the information is not present. She asked if this becomes a petition, or it is still 3 an information item. 4 Bonnie Hammersley said staff is sometimes able to answer thequestion right awayif it 5 is just an information item.She said things are being done a little differently for petitions. She 6 said these are accepted, and thenrecommendations and next steps for completion are worked 7 out by the manager and Greg Wilder before being brought to the Chair and Vice Chair. 8 Commissioner Rich said she likesto hear that, as it means that every petition gets 9 movementand it sounds likeall of them would get resolved. 10 Bonnie Hammersley said if she or her staffmembersdo not understand the petition, 11 clarification will be requested. 12 Commissioner Jacobs said he does not think that it is necessary to get the answer 13 instantaneously at the meeting. He said his understanding wasthat the manager would try to 14 address and handle any concerns expressed by the Commissioners, and if clarification was 15 needed, she would contact the Commissioner or seek guidance from the Chair or Vice Chair. 16 He said there may be times when there is a political issue that requires the Chair or Vice Chair 17 to weigh in. 18 Chair McKee said the goal is to be timelierwhile still keeping an orderly process. 19 Commissioner Price asked about situations where immediate action is needed, such as 20 a situation where a high school team deserves recognition, and it is the end of the school year. 21 She asked if something like this would require a 2 to 3 week approval. 22 Chair McKee saidthesewill have to be examined on a case by case basis. 23 Commissioner Price said that is fine as long as it allows someflexibility. 24 Commissioner Rich asked the manager if she will recognize when something is an 25 informationitem versus a petition. 26 Chair McKee said he and the manager will be looking out for this. 27 Chair McKee said he just wanted to make sure everyone was on the same page 28 regarding Board member petitions. 29 30 Chair McKee transitioned to a discussion of the process for members of the public to 31 place an item on a regular meeting agenda. He asked if anyone has problems with the current 32 process. He feels that all of these should go through agenda review. 33 Commissioner Rich said in the two yearsthat she has been here, there has only been 34 one public petition, and it was approved that samenight. She said this was just some sort of 35 recognition.She said she agrees that petitions from the public should go through a process; 36 otherwise the Board would be discussing every petition. 37 Commissioner Burroughs said she agrees that public petitions need to have a process. 38 She said the school board had a requirement that 8 school board members had to agree to put 39 public petitions on an agenda. 40 Commissioner Price discussed the example of public petitions regarding fluoride in the 41 water supply, which is not in the purview of the Board. She said this issue keeps coming before 42 them, and she wonders if there needs to be a discussion and perhaps a tabling of this in a work 43 session. She said she sometimes feels a responsibility to do something other than just let it lie. 44 Chair McKee saidhe feels this issue can only be addressed in Board comments. 45 Commissioner Pelissier saidmore than one person should decide whether or not to 46 address a petition. She questioned what would happen if the Chair and Vice Chair do not want 47 to address a petition and all of the other Commissioners do want to address it. She said there 48 should be a way to communicate this to the Chair and Vice Chair. 49 Commissioner Jacobs saidhe wants to make sure to keep thepublic petitionprocess 50 separate from the Commissioners’ petition process. He said he feels that his job as a 6 1 Commissioner is to get people answers to their questions.He said he has dealt with the 2 fluoride issue before, and while he could not solve the problem, he could provide a response. 3 He thinks it should not matter if one of the Commissioners is going to sponsor the question or 4 not. 5 Commissioner Rich asked about the resident who petitioned the Board regarding the 6 impervious surfaceissue. 7 Craig Benedictsaidthiswill come back to the Board, and there will be two options. He 8 said Orange County is more restrictive on this than the state, and there are some questions 9 about this. He said one option is a unified development ordinance(UDO)change, and the 10 other option would be to ask the state about allowing impervious pavement. He said a memo 11 will be coming to the Board in the coming weeks. 12 Commissioner Rich asked if the resident knows that this work is being done. 13 CraigBenedict said yes. 14 Commissioner Rich referred to Commissioner Jacob’s statement that it is the Board’s 15 job toprovide peoplewithinformation. She questioned whether this is happening. 16 Bonnie Hammersleysaid the impervious surface questionis an example of how the 17 petition process works. She said the petition was submitted, and it was assigned to Craig 18 Benedict. She said the department directors take these petitions seriously. 19 Commissioner Dorosin asked if every petition that has been raised bycitizens has 20 received a response. 21 Chair McKee and Commissioner Jacobs said yes. 22 Commissioner Dorosin said it would be good to know that. He would like to see an 23 update when residents are sent a letter or answers are provided. 24 Commissioner Jacobs said the response letter that Commissioner’s receive in response 25 to petitions states that the item was referred to the planning director,who will follow through 26 with the citizen, and it often gives a time frame. He said you will not see the actual letter, but 27 you will see a reference to the fact that it is being sent,or that it has been assigned to 28 someone. 29 Commissioner Dorosin said he has seen the department references, but he does not 30 recall seeing updates when a letter is sent to residents. 31 Commissioner Jacobssaidmost of the time staffbrings it back to the Board before 32 answering the reference. 33 Commissioner Rich asked if the issue is considered resolvedif a letter has gone outto a 34 resident. She questioned the process if a Commissioner wants to address an overall change 35 versus just for an individual person. 36 Chair McKee said to keep in mind that this situation does not happen very often, and the 37 Board has to be careful to avoid a feedback loop that is too tight. 38 Commissioner Rich said she just wants to make sure nothing slips through the cracks. 39 Chair McKee said there is an effort going on right now regarding connectivity, and this 40 was not initiated by a citizen or Board member petition. He said this came from a general email 41 from a resident. He said this is not something he canwork on, because it is an issue that 42 information technology (IT) has to resolve. He said many issues that may seem to have slipped 43 through the crack are actually just being slowly processed. 44 Commissioner Rich said this issue is one that the Board knowsabout and updates are 45 being received. She questioned whether there are other issues where this is not happening. 46 Chair McKee said it is a rare occasion when this happens. 47 Commissioner Price saida whole group of people came and petitioned the Board to 48 name the senior center aftera particular person. She said this went to agenda review and it 49 never came back to the full Board. She said a letter was sent out, and the rest of the Board 50 had no knowledge of what was happening until it was done. She said the Board members are 7 1 out in the public and being questioned about this. She said it would be nice to know in advance 2 when this will happen. 3 Chair McKee saidin that instance, the letter responded with a statement on the naming 4 policy, which has very little leeway. He said this speaks the idea that each issue is situational. 5 Commissioner Jacobs saidevery member of the Board got a copy of the letterthat was 6 sent, and no one has raised the issue or petitioned the Board to reconsider the policy. 7 Commissioner Pricesaid she has suggested that perhaps a wing or a room could be 8 named after the person. She said by the time the Board received the letter, it had already gone 9 out, and it would be nice to know in advance. 10 Bonnie Hammersley said staff isaddressing questions all the time. She said she 11 receives the same emails that the Board receives, and she sends them to staff for a response. 12 She said she will try to remember to copy the Board on these emails and letters. She said she 13 tries to respondto these very quickly so the Board will not have to do it. She encouraged the 14 Board to let her know if they feel something is falling through the cracks. 15 Chair McKee said he is not hearing that there is a need for any major changes, but that 16 theprocess just needsa little tweaking. 17 18 3.Discussion on Boards and Commissions Processes 19 Chair McKee saideveryone is awareof the current process for filling boards and 20 commissions. He invited questions and discussion from the Commissioners regarding the four 21 decision points listed on Attachment A and referenced below: 22 23 1) Diverse pool of candidates 24 Decision Point:Does the Board want the Clerk’s office to use paid advertising 25 (currently we use PSAs)? 26 27 Commissioner Price asked if there is a differentlevel of response anticipated if paid 28 advertising is used versus a public service announcement (PSA). 29 Thom Freemansaid it is hard to tell. He said the PSAs are going out to abroad group 30 of people, and these are picked up by newspapers on occasion. 31 Commissioner Price asked if there is any need to change to paid advertisements. 32 David Hunt saidthe PSAs go out to about 600 people, including media outlets, bloggers, 33 political activists, and private citizens. He is not sure that a paid advertisement will grab much 34 more attention. He said there are multiple ways to publicize openings. He said Thom Freeman 35 and he have discussed the fact that the members of some of these boards have co-workers, 36 friends and people with common interests. He said it may be more effective than paid 37 advertising to have these people help get the word out that there are openings 38 Thom Freeman said the use of social mediahas also been discussed. 39 Commissioner Jacobs said the Board has contemplated paid advertising in the past for 40 positions that were difficult to fill. He said there is also a large group of people who attend the 41 university,and he does not believe they arebeingreached. He suggested advertising in the 42 Daily Tarheel. He said a little humor and creativity in the PSA or advertising might also help. 43 He said paid advertising might help with targeting places where it is difficult to shine a light, but 44 not as a general rule. 45 Commissioner Dorosin saidhe agreedwith the idea of reaching out to the students.He 46 said he also believes it is worth exploring the public schools as a means of helping recruit 47 people. He is not sure that paid advertising is the way to go, other than the Daily Tarheel,which 48 comes out every day and has the largest circulation in OrangeCounty. 49 Thom Freemansaidhe does see a surge when a PSA is sent out. 8 1 David Hunt said some of those responses come as a result of the direct emails. He said 2 the main reason for the question about paid advertising is to determine if it is something that 3 needs to be included in the upcoming budget discussions. 4 Chair McKee said he is not hearing a lot of support for paid advertising. 5 Thom Freeman asked about the Daily Tarheel. 6 Chair Jacobs said he would support advertising here, but he would like to first see if the 7 newspaper would run the advertisement. 8 Commissioner Dorosin said the Campus Yis another central point to get the word out to 9 a targeted group. 10 Commissioner Richsaid a lot of this involves word of mouth. She also thinks that the 11 public schools are a great way to reach people. She said there is a transition happening from 12 the use of flyers to a webpage. She is not sure how this will affect things. 13 Commissioner Burroughs said she was present when this change was decided, and it 14 was due to the staff cost for stuffing the backpacks. She was not aware that people would have 15 to actively go to a website. She said this does not cost the school system anything, so it is 16 something to consider. 17 Commissioner Jacobssaid the Daily Tarheel may also run a PSArather than requiring a 18 paid advertisement. 19 David Hunt said that currently the PSAs go out to all of the media outlets,and it is up to 20 them whether they run it or not. He said with paid advertisementsthe County decides which 21 papersto advertise with, and what size ofadvertisement to run. He said some entities do a 22 regular weekly or monthly display advertisement. 23 Commissioner Jacobs suggested that staff have a conversation with the Daily Tarheel 24 about whether a PSA would be run, or if paid advertising is needed. He said the food council 25 meetings are packed with young people, and these are the people that never participate in 26 these boards. He said this part of the community is not being reached, and if it takes a little 27 extra effort to reach them, he still thinks it will be worth the payout. 28 Chair McKee said he is still hearing that there is not a lot of current support for paid 29 advertisement, but there is support for PSAs and possible paid advertising at a later point. 30 Thom Freeman said candidates are asked on their application where they found out 31 about the opening. He said the top answer is the Orange Countywebsite, followed by word of 32 mouth. 33 34 2)Filling all positions on a particular board or commission 35 Currently there are a minimal number of vacancies on our boards and commissions; however, 36 the larger the board, the more vacancies there may be. 37 There has been some discussion that it may be harder to fill vacancies that are “specifically 38 defined” such as At Large vs Cheeks Township or a particular designation. 39 Decision Point: Does the Board want to leave as is the “special position requirements” 40 or consider alternatives? 41 42 3)Do boards and commissions need to vet applications prior to submission to 43 BOCC? 44 Currently, with the exception of some boards (Planning, Board of Adjustment, and even the 45 OUTBOARD), most boards vet applicants and present recommendations to the BOCC for 46 consideration. 47 : Decision PointDoes the Board want to adopt a formalized process as relates to this 48 issue? 49 9 1 Commissioner Dorosin said he would be in favor of getting rid of all special 2 requirements. He said the Board can take things like geographic diversity or applicant 3 backgrounds into account during the nomination process. He said he thinks it makes no sense 4 to have vacancies when people have applied to be on the Board. 5 Commissioner Rich asked what happens if you find that all of the applicants are from 6 Chapel Hill and no other part of the County. She questioned how you could know that future 7 Commissioners would not stack committees in their favor. She said if you take away 8 requirements, such as geographical location, you could wind up with too many people from one 9 area, and then you do not have diversity. She questioned how to make sure each area of the 10 County gets to participate in advisory board decisions. 11 Commissioner Pelissier asked if this discussion is just about the geographical 12 requirementsthat are a choice. She said there are a lot of boards where you have to be 13 qualified in a certain way, including some geographical requirements, and some of these are by 14 state statute. 15 Chair McKee said his reading is that this discussion is about geographical requirements 16 only. 17 Commissioner Dorosin said he would be in favor of getting rid of any of these 18 requirements that are not statutory. 19 Chair McKee said he is not sure that all of the specific types are statutorily required, but 20 they might be necessary. 21 Commissioner Rich asked which boards are having a problem. 22 Chair McKee said the Housing Authorityboard has had difficulty with achieving quorum. 23 Commissioner Rich said she is trying to figure out the boards with a geographical 24 requirement. 25 Chair McKee said this includes Animal Services, and Agricultural Preservation. 26 Commissioner Jacobs said the Commission for the Environment has very specific 27 limitations. 28 Commissioner Pelissier said these are notgeographical limitations. She said if it is 29 focused on geographical, the primary board is the Planning Board. She thinks it is very 30 important for the Planning Board to have people from different parts of the County. She said 31 these people have very different experiences to offer. 32 Commissioner Pelissier said, thinking about non-geographical requirements, it is 33 important for a board such as the Commission for the Environment to have people who know 34 about different aspects of the environment. She wants to see that diversity. She said there has 35 been not much of a problem, and she does not want to see a change because of a few glitches. 36 She does not think this helps with moving forward. 37 Commissioner Price saidthere have been problems with geographicissues on the 38 Planning Board. She said her spot on this board has changed continuously as a result of this. 39 She said she agrees with Commissioner Dorosin that flexibility is needed, but she also agrees 40 with Commissioner Rich that there needs to be balance. 41 Commissioner Price said the other issue is that some people are just not interested 42 because they feel it is a waste of time. She said many boards and commissions meet in the 43 evening, which can be difficult for people. She said there have been people on the OUTBoard 44 who have had to leave. She said people have also questioned whether the Commissioners pay 45 attention to what comes out of these advisory board meetings. 46 Commissioner Jacobs saidhe came into this thinking of the fact that the places with the 47 longest unfilled vacancies are the ones that are designated to the towns, who never bother to fill 48 them. He said the towns do not care, and he would like to create a mechanism that if atown 49 vacancyis not filled within 6 months, it is up for “grabs”. He said efforts can still be made to find 10 1 someone in that municipality, but they would not have to berecommended by the elected 2 officials. 3 Commissioner Jacobs said he thinks there are a lot of other boards with specific 4 requirements. He said the slate could be wiped, and the Board of Commissioners would just be 5 trusted to put applicantson these boards thatrepresent a diversity of interest in that particular 6 area, if there is not statutory requirement. However, he said his inclination is that the 7 requirements have been worked out over a long period of time to create a balance. 8 He said it is important to have the geographical diversity on the Planning Board to make 9 sure everyone has a say. He said he would be willing to look at the board to see if any are 10 morerestrictive than necessary, and he would like to make a policy regarding the unfilled town 11 positions. 12 Commissioner Burroughs said her thinking issomewhat incremental. She believes the 13 current system was set up for fairly good reasons. She likes the idea that if a town position is 14 not filled in 6 months, the Board can fill it. She said she would not throw outthe whole system, 15 as it can lead to homogenization. She said this is directly dealing with the seats that are not 16 getting filled, rather than throwing out the whole system. 17 Commissioner Dorosin said hisinterest is not tearing downwhat has been constructed. 18 He questions, when there are seats that are vacantfor a period of time, whether it is better to 19 have this reserved for a specific category, or to have the Board fill those seats with people who 20 have applied to be on that Board. He said this may not mean that the requirements go away 21 forever. 22 He said it is important to recognize the people who step forward with interest in being on 23 these boards. He said the other question is identifying why there are vacancies. He 24 questioned whether the problemis recruitment or a board that is not functioning well. He said 25 all of this speaks to other issues, such as people serving on multiple boards. He said the goal 26 should be to maximize the level of citizen engagement. He said he has talked to people who 27 applied for boards and never heard anything. He would expand Commissioner Jacob’s 28 suggestion about filling the town seats after 6 months to include any seat that is hard to fill. 29 Commissioner Jacobs said he would be willing to consider this proposal. 30 Commissioner Jacobs said Randy Marshall, the former principal of Carrboro 31 Elementary, has been applying for the Planning Board for at least 10 years. He said it would be 32 nice to see this information and see how long people have been on the list. He said if people 33 continue to renew their application to serve, then the Board does owe them a courtesy. 34 Commissioner Jacobs gave some background history on the Housing Authority, and he 35 said there is some gray area about what this board is supposed to be doing.He suggested 36 work by the department heads and the attorney to determine the distinctive roles of the boards 37 to make it easier to recruitfor them. 38 Chair McKee already asked the staff to work with the chairs of these boards on a six 39 month record of attendanceto identify where there are problems. He said if a person has a 40 long history of not attending meetings, it is time to start looking for another applicant. 41 Commissioner Rich said this is moving toward a six month periodafter which another 42 applicant is considered. She asked if information on the length of a vacancy is provided in the 43 abstracts. She said the Commissioners do not have this information. 44 ThomFreeman said there has been information added to the bottom of the abstract, 45 which lists the vacant seats and the expiration date of the vacancy. He said it does not list the 46 amount of time the position has been open. He said part of this is a flaw with the database, but 47 staff can work on getting this information in there. 48 Commissioner Richsaid it would be helpful to have that information, given the direction 49 things are moving. 11 1 Commissioner Rich said she is still not 100 percent comfortable with removing the 2 requirements. She said she understands what Commissioner Dorosin is saying about 3 extending courtesy to people who are sending in applications. 4 ThomFreeman said a form email is sent to all applicants to note the receipt of their 5 application, and it outlines the fact that applications stay on file for two years and are continually 6 placed in the running for vacancies. 7 Commissioner Rich said people’s names might be lingering on the list, and they have 8 moved. 9 Thom Freeman said if he sees someone who has been out there for a year without 10 being appointed, he sends another email to see if they are still interested. He then updates the 11 file with the information supplied. 12 Commissioner Price saidone of the reasons for the lack of full membershipis because 13 staff and members of the advisory boards pick who will be on the boards. She said the Board 14 has not been allowed to suggest new people, and she thinks this is wrong. She said if there are 15 vacancies, and no one has been suggested, she feels that the Commissioners should be able 16 to suggest someone. 17 Commissioner Price said the Boardhas a responsibility to bring people onto these 18 boards and commissioners if they are interested and qualified. 19 Commissioner Jacobs saidhe thinks this has gotten a little contorted. He referred to the 20 last decision point, which asks if the Board wants to develop a process for nominating 21 applicants that are not recommended by a particular advisory board. He said this makes it 22 sound like the Board is precluded from nominating people, and he does not feel like this is the 23 case. He said when he and Chair McKee met with the advisory board chairs, it was explained 24 that the final decision on appointments would be made by the Board of Commissioners. He 25 said the Board has gotten comfortable with just accepting the nominations that have been 26 recommended. He said the Board needs to resolve how to become comfortable doing 27 something different at the meetings. 28 Commissioner Price said her point is that if staff has not recommended a person, 29 anyone recommended by a Commissioner would need to be vetted. She said there have been 30 meetings where positions were not filled when there were people on the roster who could have 31 been nominated. 32 Chair McKee said this was done in deference to his objection to immediate nominations. 33 Commissioner Price said she does not knowsome of the nominees, but she is willing to 34 trust the recommendation of her colleagues. 35 Chair McKee said there is no reason why the Commissioners could not nominate 36 someone, and he might or might not vote against them. 37 Thom Freeman said it is stated in the advisory board policy that the appointment 38 decisions are ultimately the decision of the Board. 39 Chair McKee saidhe appreciated the deference to his objection, but he did not expect it 40 to go to the extent that it did. He did not expect it to becomean established practice. 41 Commissioner Pelissier said she thinks this did go way off track. She said she never felt 42 constrained before by the recommendations of the advisory boards. She said one of the other 43 things that caused this to go off track is the fact that these advisory boards go through a lengthy 44 interview process with the applicants, and one of these boards got upset because they did not 45 have an opportunity to vet some of the applicants that were going to be appointed by the 46 Commissioners. She said it is important to give the advisory boards an opportunity to make 47 recommendations, and if no recommendations are made, then the Board may want to fill some 48 positions. 12 1 Chair McKee said he is hearing three different areas of discussion. He said there 2 seems to be consensus on the idea of the Board making appointments for town positions that 3 remain unfilled for sixmonthsor more. 4 Chair McKee said he is not hearing consensus on the issue of positions based on 5 geographic area. He thinks it is critical to hold some of these positions for specific areas of the 6 County, though he could possibly be persuaded on a sixmonth argument.He said his fear is 7 that a future board might fill some of these vacancies for outlying areas, and the term is 3 years 8 at a time, so this might eliminate a person from that area who might be interested. He said he 9 recruits for some of these positions. 10 Commissioner Rich said that for some of these positions, if the six month rule was in 11 place there might be more pressureto fill the spot. 12 Commissioner Dorosin said on the question of geography, he would support a six month 13 window. He said that would put the burden on the Board and staff to try to recruit. He said, as 14 far as the three year term, if you get rid of the geographic requirements, seats come up all the 15 time,and there is flexibility to recruit from the area that is lacking representation the next time a 16 seat comes up. 17 Commissioner Dorosin said if you consider having vacant seats while there are people 18 on a wait listversus having the boards fully filled, he would be in favor of the latter option. 19 He said, as far as vetting applications, he thinks the Board has put itself in a box. He 20 said if you want the advisory boards to make recommendations, but then the Commissioners 21 are ultimately going to do whatever they want, this sends mixed signals. He said if the Board 22 wants to have the discretion,they should just say that they are going to fill the seats, or more 23 clear direction needs to be given to the advisory board on the desired diversity.He said if the 24 recommendations do not meet these guidelines, they should not be taken. 25 Commissioner Dorosin said he would be in favor of the advisory boards not vetting the 26 applications. He has referred candidates that were then screened out of the process. 27 Commissioner Jacobssaidthere was atime when theBoard received no 28 recommendationsfrom the advisory boards. He said the predilection could be changed if the 29 Board chooses to do so. He said there needs to besome sort of hands on approach to insure 30 diversity. He said there can be more flexibility for the Board to appoint, and it does not have to 31 be a given that the advisory board makes recommendations. 32 Chair McKee said hewould propose trying the sixmonthproposal for filling the positions 33 with a geographic requirement. 34 Commissioner Price said if you make sure there are enough at-largeseats, it allows the 35 flexibility to switch the people around. She said this will ensure that you are not locked into that 36 three year term issue. 37 Chair McKee said he is seeing consensus on this, and on using the six month time for 38 the geographic spots from this point forward. 39 Commissioner Jacobs said staff will make the effortto try and find someone to fill that 40 spot within the six month time. 41 Chair McKeesaid he would also like to see efforts to alert the Commissioners about 42 these spots, to allow them the opportunityto recruit. 43 Thom Freeman requesteda little time to get with Information Technology to set up a 44 system for tracking the six month periods. 45 Chair McKee asked Thom Freeman to present this as an information item at a future 46 meeting to give an update on where things stand. 47 John Roberts said this will also require an amendment to the advisory board policy. 48 Chair McKee said, on the issue of vetting, he is hearing that the advisory boards will still 49 vet candidates and make a recommendation, but the Board would not be so constrained to 50 follow that recommendation unless it is statutory. 13 1 Commissioner Price questioned whether the Board would be able to make a 2 recommendation or decision for some of the health boards. She said there are some strict 3 requirements for these positions. 4 Chair McKee said if candidate with a nursing degree is recommended, the Boardcould 5 recommend a different candidate as long as they also had a nursing degree. He said the 6 alternate candidate would just need to have the same qualifications. 7 Thom Freeman said those type of vacancies are rare. He said the nursing homes have 8 a one year training program for some of these positions. 9 10 4)Service on multiple boards-–which currently allows service up to two boards 11 and task forces ? 12 According to the BOCC Adopted Advisory Board Policy (Adopted 2012), it states: 13 SECTION III:MEMBERSHIP 14 E. Term 15 5.Advisory board members may not serve concurrently on more than two (2) Orange 16 County advisory boards. This restriction does not impact an individual’s service on 17 boards and commissions that are not Orange County advisory boards or short term task 18 forces or work groups. 19 20 Decision Point:Does the Board wish to change this portion of the policy or leave as 21 adopted? 22 23 Commissioner Price said the policy should not allow more than twoadvisory boardsif 24 there is a pool of people wanting to serve. 25 Commissioner Dorosin said he thinks the policy should be changed so that you can only 26 serve on one board at a time. He said this restriction would not impact service on temporary 27 task forces or work groups. 28 John Roberts said people could actually beon three boards at a timeif they are 29 appointed to one of the quasi-judicial boards, as these are not advisory boards. 30 Thom Freeman said if this becomes the rule, people who have applied to three boards 31 and have been appointed to one board would need tobe removed from the other two applicant 32 pools. He said these people would need to be notified. 33 Commissioner Rich said she does not have a problem with people servingon more than 34 one board, because people have different interests. She said some boardsmeeting quarterly 35 and others meet once a month. She does not like this restriction. 36 Commissioner Jacobs said he feels that the cross pollination of being on different 37 boards is a good thing. He said it is sometimes difficult to get boards of similar interest to 38 actually communicate, and having people on multiple boards facilitates communication. 39 Commissioner Pelissier said she has served on two boards, and she saw herself as a 40 liaison between the two. She said it is good to have some of this, but nottoo much. She said it 41 is important to find ways to have cross pollination between boards. For example, she said it is 42 important that the Board of Health knows what is going on in other boards with regard to health 43 related issues. 44 Commissioner Pelissier said she does see some of the same names over and over, and 45 it is not just an issue of serving on two boards at one time, but also an issue of moving from one 46 board to another when terms end. She said there are certain reasons why boards will 47 sometimesactually want someone who serves on another board. 48 Chair McKee said he is alsohesitant to restrict the policy to one board. He agrees with 49 the idea of spreading the wealth around, but there are some boards that are not overrun with 50 applicants, and heis comfortable allowing service on two boards. 14 1 Commissioner Rich asked if there is a way to get a report on the number of people 2 serving on more than one board. 3 Thom Freeman said he can have that information pulled. 4 Commissioner Dorosinsaid he wouldlike to register his respectful dissent. He said 5 even if you change this to one board, people can still serve on multiple boards by being on 6 short term task forces, work groups or the non-advisory boards. 7 Commissioner Price said she does not mind the multiple boards.She said it is the job 8 of the Board to make sure that the wealth is spread around. 9 Commissioner Dorosin suggested that if someone is already serving on an advisory 10 board, they would only be placed on a second board if there were no other applicants. 11 Chair McKee said he is not seeing consensus on this. 12 13 5)Process for nominations for applicants (who are not recommended) at Board 14 meetings? 15 Currently, most nominations for applicants to boards and commissions come from advisory 16 board recommendations. 17 Decision Point:Does the Board want to develop a process for nominating applicants 18 at BOCC meetings who are not recommended by a particular advisory board? 19 20 There was consensus that this issue was already decided in the earlier discussion. 21 22 4.Discussion on Board Rules of Procedures 23 Chair McKee said this item arises from discussion about moving board comments to the 24 beginning of the meeting when there is more of an audience present. 25 Commissioner Dorosin said his real concern was regarding announcements that are 26 directed at the public, such as event announcements and things of that nature. He thinks this 27 should be included at the front of the meeting as Board petitions and announcements, and the 28 Board should police themselves that these announcements are directed outward. 29 He said reports that are more internal process updates could stay at the end of the 30 meeting. He said when there are community based events, it is important to have these at the 31 front of the meeting. 32 Chair McKee suggested that the Board open up the petition section to include 33 announcements that are related to public events, while holding the three minute limit. He said 34 he objects to moving all comments to the beginning,becausethere are people waiting to 35 discuss other items. 36 Commissioner Rich said she would like to keep the petitions separate from the 37 announcements. 38 Chair McKee said he is just trying to find a way to limit the time. 39 Commissioner Price said she is still thinking along the lines of comments versus 40 announcements. She said there are times when you want to make a comment recognizing 41 employees for doing an outstanding job, and you want the public to hear this. 42 Chair McKeesaid he does not have a problem with that, and the Board members would 43 have to use their own discretion. 44 Commissioner Price said she agrees with the idea of giving certain comments in the 45 beginning and then give more internalreports at the end of the meeting. 46 Commissioner Jacobssaid the key is keepingit to three minutes. He said Board 47 members should have the opportunity to make any comments while the room is full.He said 48 there have been problems in the past with sticking to the three minute requirement, but 49 everyone in this group is good at keeping within the time frame. 50 Commissioner Burroughssaid she is very comfortable with the three minute limit. 15 1 Chair McKee said he is hearing consensus to make this change and leave three minutes 2 for eachBoard member. 3 Commissioner Rich asked if “Petitions” wouldbecome “Petitions and Announcements.” 4 Chair McKee said that was his wording, but he is open to other suggestions. He said it 5 will be up to the Board to clarify when a comment is being made versus a petition. He said 6 there needs to be a habit of making aclear statement when it is a petition. 7 David Hunt said this proposal would need to come back to the Board for approval. He 8 said he is hearing that this is to be changed to “Petitions and Announcements” with a three 9 minute time limit, and then there will be comments time at the end of the meeting, without a 10 time limit. 11 Chair McKee said there seems to be consensus on that solution. 12 13 A motion was made by Commissioner Jacobs,seconded by Commissioner Burroughs to 14 adjourn the meeting at 9:31p.m. 15 16 17 Earl McKee, Chair 18 19 20 David Hunt 21 Deputy Clerk 22 23 24 25 1 1 Attachment 3 2 3 DRAFT MINUTES 4 ORANGE COUNTY BOARD OF COMMISSIONERS 5 SPECIAL MEETING 6 March 6, 2015 7 2:00 P.M. 8 9 The Orange County Board of Commissioners met with State elected officialsfor a 10 discussion on Rural Internet Accesson Friday, March 6, 2015at 2:00 p.m. at the West Campus 11 Office,inHillsborough, N.C. 12 13 COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and CommissionersBarry Jacobs, 14 Renee Price and Penny Rich 15 COUNTY COMMISSIONERS ABSENT: Commissioners Mia Burroughs, Mark Dorosin and 16 Bernadette Pelissier 17 COUNTY ATTORNEY PRESENT: John Roberts 18 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, CIO Jim Northrupand 19 Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately 20 below) 21 OTHER ELECTED OFFICIALSPRESENT: Representative Graig Meyer, Representative Verla 22 Insko, Senator Valerie Foushee 23 STATE STAFF: Keith E. Conover(Technical Analyst, Office of Digital Infrastructure –OITS) 24 25 (Around a dozen members of the public also attended the meeting.) 26 27 Chair McKee called the meeting to order at 2:03 p.m. 28 29 Chair McKee asked for short introductions of all present, including the members of the public. 30 Introductions followed. 31 32 County Manager Bonnie Hammersley gave a brief descriptionabout the history of requests for 33 improved Internet access by rural residents. 34 35 Jim Northrup provided additional technical details on actions taken to date by Orange County, 36 including establishing pre-approved tower sites. He also referenced limitations due to State and 37 Federal regulations. 38 39 Representative Insko emphasized the correlation of the availability of network access and 40 economic development. 41 42 Senator Foushee said a huge amount of attention has recently been placed onInternet access 43 in the rural areas. 44 45 Keith Conover with the Office of Digital Infrastructure (with the State of North Carolina) saidthe 46 County could help with showing a potential for return on investment for smaller 47 telecommunications companies who may be interested in filling the gap left by major service 48 providers such as Time Warner Cable andAT&T. Some counties have created broadband 49 committees to help guide additional coverage options. 50 51 Jim Northrup saidthere are already local meetingsin progressto identify potential customers. 52 53 CommissionerJacobs said that there was a difference between providing service and providing 54 adequate service. 2 1 2 Discussionfollowed on the technical aspects of broadband, transmission speeds, fiber, 3 hardware and standards. 4 5 Commissioner Rich saidemails from the public about rural network access have increased 6 since the Google Fiber announcement. 7 8 There was a short discussion on current and possible changes in FCCrulesrelated to 9 telecommunications. 10 11 Commissioner Price saidthe North Carolina Association of County Commissioners supported 12 legislation to improve broadband services. 13 14 A member of the public in attendance commented that not only does network access impact a 15 child’s ability to do school work, but network access also impacts home/property values. 16 17 Jim Northrup saidthat some of the next steps will be to identify vertical assets. Vertical assets 18 can include existing elevated structures such as farm silos. He also stated that the Planning 19 Department had looked at possible tower sites. However, those sites were based on a need to 20 improve radio communications for emergency services (law enforcement, fire, ambulance, etc.). 21 22 Representative Meyer asked if there was a timeline for the next steps. 23 24 Jim Northrup saidmany topics had been covered during the meeting and that the specific goals 25 would need to be better defined before establishing timelines. He did state that a next step 26 would be a survey, which was already being designed, to get information from the public. 27 28 Bonnie Hammersley and Chair McKee both expressed appreciation for all who attended and 29 participated in the meeting. 30 31 Representative Meyer said there wasa need to get the survey out to the public and bring the 32 telecommunications companies to the table. 33 34 The meeting adjourned at 3:15 p.m. 35 36 37 38 39