HomeMy WebLinkAboutAgenda - 02-02-2016 - 6-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 2, 2016
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:
December 7, 2015 BOCC Regular Meeting
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 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 December 7, 2015
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Monday, December 7,
10 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, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair McKee called the meeting to order at 7:03 p.m.
21
22 Board Organization
23 a. Election of Chair and Vice-Chair
24 The clerk distributed the ballots for Chair and Vice Chair.
25 - Election of Chair- Earl McKee
26 VOTE: UNANIMOUS
27 - Election of Vice Chair- Mark Dorosin
28 VOTE: UNANIMOUS
29
30 b. Designation of Voting Delegate for all North Carolina Association of County
31 Commissioners (NCACC) and National Association of Counties (NACo) Meetings for
32 Calendar Year December 1, 2015-2016
33 Commissioner Pelissier nominated Commissioner Price for both positions.
34
35 A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to
36 nominate Commissioner Price as the Voting Delegate for all NCACC and NACo Meetings for
37 Calendar Year December 1, 2015-2016.
38
39 VOTE: UNANIMOUS
40
41 Appointments
42 a. Manager
43 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
44 appoint Bonnie Hammersley as Manager.
45
46 VOTE: UNANIMOUS
47
48 b. Clerk to the Board
49 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
50 appoint Donna Baker as Clerk to the Board.
51
2
1 VOTE: UNANIMOUS
2
3
4 c. County Attorney
5 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
6 appoint John Roberts as the County Attorney.
7
8 VOTE: UNANIMOUS
9
10 1. Additions or Changes to the Agenda
11
12 - Green sheet for Item 4-c-1: Proposed Revised Bill of Rights Day Proclamation
13 - Yellow sheet for Item 6-j: Revised pages of Schools Adequate Public Facilities Ordinance
14 (SAPFO)
15 - PowerPoint for Item 7-a: Henderson Woods Preliminary Plan
16 - Pink sheet for Item 7-a: Revised document
17 - White sheet: November 2015 Monthly Report—Current Planning Division
18 Chair McKee proposed a change in Item 6-f on the consent agenda, saying
19 Commissioner Price had some concerns with some of the wording. He asked John Roberts to
20 speak to this.
21 John Roberts said this ordinance was originally passed by the BOCC in 1985, and in
22 1998 the State passed the same legislation that was applicable to the entire County, including
23 the municipalities. He said he would suggest deferring this item so he can do more research.
24 He said he will likely recommend that the massage portion of this ordinance be repealed and
25 replaced by the addition of something regarding sexually oriented business licensing and
26 regulation.
27
28 A motion was made by Commissioner Rich, seconded by Commissioner Price to defer
29 Item 6-f for later discussion at a future meeting.
30
31 VOTE: UNANIMOUS
32
33 PUBLIC CHARGE
34 Chair McKee dispensed with the reading of the Public Charge.
35
36 2. Public Comments
37
38 a. Matters not on the Printed Agenda
39 NO PUBLIC COMMENT
40
41 b. Matters on the Printed Agenda
42 (These matters will be considered when the Board addresses that item on the agenda
43 below.)
44
45 3. Announcements and Petitions by Board Members
46 Commissioner Pelissier said she had no petitions.
47 Commissioner Price said she attended a meeting of the Orange Partnership for Alcohol
48 and Drug Free Youth Community Coalition on November 18. She said it was an interesting
49 discussion, and encouraged members of the community to follow this coalition.
50 Commissioner Dorosin said that the slogan contest for the "Welcome to Orange County"
51 highway sign is up and running and he has done a commercial spot on the radio for this contest.
3
1 He said many entries have already been received and he encouraged all to participate. He said
2 it has become a community event.
3 Commissioner Jacobs said the 18th annual Agricultural Summit will be held at the
4 Whitted Building on February 29th. He said the Commissioners will receive a draft agenda to
5 review. He said prompt feedback would be appreciated.
6 Commissioner Jacobs said today is the anniversary of the attack on Pearl Harbor and
7 many have forgotten this eventful day. He said he wanted to remind them of things that their
8 parents and grandparents did to protect freedom and to set an example of how future
9 generations may act.
10 Commissioner Rich said her sister from San Francisco sent in a slogan for the highway
11 sign contest. She wished all a Happy Hanukkah. She said many citizens have talked to her
12 about the Mountains to Sea Trail (MST) and suggested sharing the timeline with the public as
13 soon as it becomes it available.
14 Commissioner Burroughs said she did not pull the 6-f consent item but wanted to note
15 that enrollment in Orange County's school districts is down. She said this fact should be
16 considered as schools are refurbished and as budget season approaches.
17 Chair McKee referenced the Mountains to Sea Trail ( (MST), saying a letter went out
18 from the Board and as a result the segment from the OWASA lands has been moved up. He
19 said he understands that the process may appear slow but the County is moving in the right
20 direction.
21 4. Proclamations/ Resolutions/ Special Presentations
22
23 a. Presentation of Excellence in Innovation Award
24 The Board considered acknowledging the presentation of the Excellence in Innovation
25 Award from the North Carolina Association of County Commissioners (NCACC) and the Local
26 Government Federal Credit Union (LGFCU), in recognition of the Naloxone Program, to the
27 Orange County Board of Health/Health Department and partner organizations including Orange
28 County Emergency Services, the Carrboro Police Department, the Orange County Sheriff's
29 Office, and the Chapel Hill Police Department; and congratulating them for collaborating on the
30 Naloxone Program and the accomplishments of this life saving effort.
31 Matt Gunnett, from the North Carolina Association of County Commissioners (NCACC),
32 read the following background information:
33
34 BACKGROUND:
35 The Orange County Board of Health and Health Department, in collaboration with other
36 governmental entities, implemented a process to provide Health Department clinical staff and
37 emergency first responders with the tools and training to carry and administer naloxone to
38 reverse the effects of drug overdose from opioids such as prescription painkillers and heroin.
39 To date, this effort has resulted in six (6) reversals and lives saved.
40 Staff submitted the Naloxone Program for potential recognition as an Excellence in
41 Innovation award, and NCACC and LGFCU who partner in this award program selected the
42 Program for recognition. Matt Gunnet, Membership Services Coordinator with NCACC, will
43 present the award at the meeting to Health Department staff and others who helped implement
44 the Program.
45 Matt Gunnet gave some background on this award, and noted that 29 award
46 submissions were given to the NCACC, in four categories: general government, human
47 services, public information and participation and inter-governmental collaboration. He said the
48 criteria for these awards were:
49 - are the programs innovative
50 - are the results measurable
51 - is there an ability to replicate the program across all 100 counties
4
1 - would you recommend the program to your own county/jurisdiction
2 He said a panel of judges, made up of many professional, evaluated the submissions.
3 He said he is here to present an Award to the Orange County Health Department for the
4 Naloxone Access Program, supervised by Donna King, and team members Meredith Steward,
5 Kim Woodward, Chris Atac, Colleen Bridger, Orange County Board of Health, and the Carrboro
6 Police Department.
7 Matt Gunnet gave a brief description of the Naloxone Access Program. He said the
8 program was implemented with existing staff time and grant funds that were used to purchase
9 an initial stock of 25 kits. He said the reason for the program was the increasing number of
10 overdoses since 1999 which is not predicted to slow down in the near future. He said public
11 health nurses were able to screen and address the potential for opioid overdoses, which has
12 increased the client's willingness to discuss their drug addiction and abuse. He said the
13 program has also potentially reduced costs, because physicians are not required to see the
14 patient to provide a solution. He said the program results show that naloxone distribution costs
15 approximately $400 for each year of life gained, which is well below the threshold considered
16 acceptable for medical intervention's cost effectiveness.
17 He said EMS personnel said they are excited that collaboration has opened the doors for
18 more collaboration with their local partners.
19 Colleen Bridger, Orange County Health Director, recognized some of their partners:
20 Susan Elmore, Carrboro Police, Kim Woodard and Dinah Jeffries with EMS, Sheriff Blackwood
21 and his department, Chapel Hill Police Chief Blue, Meredith Steward from the Health
22 Department.
23 Colleen Bridger said four lives have been saved thus far, and she recognized these
24 partners in winning this award.
25 She passed around a sample of a naloxone kit.
26 The Local Government Federal Credit Union presented them with a $1,000.00 check.
27 Sheriff Blackwood said this is a vital program for the community that saves lives, and he
28 thanked the partners.
29 Kim Woodard said she was so proud to work with such an incredible team, especially
30 their law enforcement agencies. She noted that Orange County was the first county to
31 implement such a program and is helping other counties across the State in implementing
32 similar programs.
33 Commissioner Rich asked if Kim Woodard could give further explanation of how the
34 program works.
35 Kim Woodard explained the program, noting that it is a real team effort across
36 departments that keeps law enforcement safe and saves the lives of citizens.
37 Commissioner Price said she attended the conference where the award was given last
38 summer and she was so proud of Orange County.
39
40 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
41 Board to congratulate the Health Department and other local agencies for collaborating on the
42 Naloxone Program and the accomplishments of this life saving effort, and that the Board
43 express appreciation to NCACC and LGFCU for the supporting the Naloxone Program and
44 other creative efforts across the State with Excellence in Innovation Awards.
45
46 VOTE: UNANIMOUS
47
48 b. Voluntary and Enhanced Agricultural District Designation: Multiple Farms -
49 Saier/Knapp; Griffin; Hughes/Sakiewicz; Woods; Parker; Gray/Warren; Latta; Irvin
50 Farm; Atwater; and Durham
5
1 The Board considered applications from multiple landowners/farms to certify qualifying
2 farmland within the Caldwell, Cane Creek/Buckhorn, High Rock/Efland, New Hope/Hillsborough,
3 Schley/Eno, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange
4 County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District
5 (EVAD); and certify the ten (10)farm properties totaling 1,325 acres VAD and 530 acres EVAD
6 (rounded acreage) as qualifying farms.
7
8 Gail Hughes, Orange County Resource Conservation Coordinator, made the following
9 PowerPoint presentation, and introduced the various farms and their owners:
10
11 Orange County Voluntary and Enhanced Voluntary Aciricultural Prociram
12 December 7, 2015
13
14 Orange County VAD/EVAD Prociram Benefits of Aciricultural Districts
15 ➢ Voluntary Agricultural District (VAD) is a 10-year commitment but the landowner can
16 be withdrawn from the VAD at any time, for any reason, with a 30-day notification.
17 ➢ Enhanced Voluntary Agricultural District (EVAD) is an irrevocable 10-year
18 commitment, therefore the "enhanced" qualifies farm for 90% cost share rates and a
19 priority for grants funds.
20
21 Benefits include:
22 ➢ Makes public more aware of the local agricultural and its vital role in the economics of
23 the county;
24 ➢ Recorded notice of agricultural district is recorded at County Land Records office;
25 ➢ Land search on all properties within a 1/2 mile radius is notified of the agricultural status,
26 therefore, the landowner has increased protection from nuisance lawsuits.
27 ➢ Public hearings for proposed condemnation of VAD land and utility assessments may be
28 suspended or waived on EVAD land if not connected to the utility.
29 Farm may receive up to 25% of gross sales from the sale of non-farm products and still maintain
30 its zoning exemption as a bona fide farm. (EVAD only)
31
32 Brief Farm Descriptions
33 1) Owners of the Ramble Rill Farm, Jane Saier and Darin Knapp, have submitted an application
34 to enroll one (1) parcel of land totaling 10.01 acres as qualifying farmland for the Enhanced
35 Voluntary Agricultural District program (EVAD) in the New Hope/Hillsborough Agricultural
36 District. The farm operation includes various vegetables and fruit crops such as grapes,
37 strawberries, radishes, onions, and tomatoes (to name a few) and managed woodland. The
38 Ramble Rill Farm has been evaluated against each of the EVAD certification requirement
39 standards and meets or exceeds all of the measures above.
40
41 2) Owners of the W & F Family Farm, LLC, Frances Griffin, Michael/Margaret Griffin,
42 Edward/Linda Griffin, and Katherine G. Von St. Paul, have submitted an application to enroll five
43 (5) parcels of land totaling 175.49 acres as qualifying farmland for the Voluntary Agricultural
44 District (VAD) program in the High Rock/Efland Agricultural District. The farm operation includes
45 hay crops, and managed woodland. The W & F Family Farm and adjourning acres owned by
46 the Griffin family has been evaluated against each of the VAD certification requirement
47 standards and meets or exceeds all of the measures above.
48
49 3) Owners of the Bracken Brae Farm, Claude Hughes and Linda Sakiewicz, have submitted an
50 application to enroll four (4) parcels of land totaling 105.9 acres as qualifying farmland for the
51 Voluntary Agricultural District (VAD) program in the Cane Creek/Buckhorn District. The farm
6
1 operation includes vegetables, herbs, fruit crops and managed woodland. The Hughes
2 /Sakiewicz Farm have been evaluated against each of the VAD certification requirement
3 standards and meets or exceeds all of the measures above.
4
5 4) Owners of Spring Crest Farm, Kim and Chad Woods, have submitted an application to
6 update ownership of existing acres in the VAD program and enroll two (2) parcels of land
7 totaling of 15.06 acres as qualifying farmland for the Voluntary Agricultural District (VAD)
8 program located in the Caldwell Agricultural District. The farm includes pasture, hay crops and
9 managed woodland. The additional acres are adjacent to the existing VAD farm, and will
10 increase the total farm acres to 98.62 acres. The farm has been evaluated against each of the
11 VAD certification requirement standards and meets or exceeds all of the measures above.
12
13 5) Owners of the Parker Farm, Carlton, Barbara, Shane, Carley, and Sarah Parker, have
14 submitted an application to enroll five (5) parcel of land totaling 298.24 acres as qualifying
15 farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural
16 District. The farm operation includes a beef cattle operation, pastures, hay crops and managed
17 woodland. The Parker Farm has been evaluated against each of the VAD certification
18 requirement standards and meets or exceeds all of the measures above.
19
20 6) Owners Susan Gray and Tommy Warren have submitted an application to enroll one (1)
21 parcel of land totaling 53.01 acres as qualifying farmland for the Voluntary Agricultural District
22 (VAD) program in the Caldwell Agricultural District. The farm operation includes a beef cattle
23 operation, pastures, hay crops and managed woodland. The Gray/Warren farm has been
24 evaluated against each of the VAD certification requirement standards and meets or exceeds all
25 of the measures above.
26
27 7) Owners of the Milton A. Latta & Sons Dairy Farm Inc., William and Tate Latta, have submitted
28 an application to enroll five (5) parcels of land totaling 622.30 acres as qualifying farmland —
29 363.59 acres for the Voluntary Agricultural District (VAD) program and 258.71 acres for the
30 Enhanced Voluntary Agricultural District program (EVAD) in the Schley/Eno Agricultural District.
31 The farm operation includes a dairy cattle operation, pastures, hay, grain, corn crops and
32 managed woodland. The Latta Farm has been evaluated against each of the VAD and EVAD
33 certification requirement standards and meets or exceeds all of the measures above.
34
35 8) The owner of the Irvin Farm Nature Preserve, the Triangle Land Conservancy, has submitted
36 an application to enroll three (3) parcels of land totaling 261.27 acres as qualifying farmland for
37 the Enhanced Voluntary Agricultural District (EVAD) program in the White Cross Agricultural
38 District. The farm operation includes traditional and Asian fruits and vegetables, wildlife habitat
39 and managed woodland. The Irvin Farm has been evaluated against each of the EVAD
40 certification requirement standards and meets or exceeds all of the measures above.
41
42 9) Owners of the Atwater Farm, Donald and Warren Atwater, have submitted an application to
43 enroll four (4) parcels of land totaling 116.25 acres as qualifying farmland for the Voluntary
44 Agricultural District (VAD) program in the White Cross Agricultural District. The farm operation
45 includes a hay crops and managed woodland. The Atwater farm has been evaluated against
46 each of the VAD certification requirement standards and meets or exceeds all of the measures
47 above.
48
49 10) Owners of the Durham Farm, Gerry and Milton Durham, have submitted an application to
50 enroll five (5) parcels of land totaling 197.56 acres as qualifying farmland for the Voluntary
51 Agricultural District (VAD) program in the White Cross Agricultural District. The farm operation
7
1 includes a beef cattle operation, pastures, hay crops and managed woodland. The Durham farm
2 has been evaluated against each of the VAD certification requirement standards and meets or
3 exceeds all of the measures above.
4
5 Requesting approval from Commissioners to accept ten (10)farms into the program plus an
6 ownership revision for one (1)farm.
7 • 1325* acres in the VAD
8 • 530* acres in the EVAD.
9 • If approved, total of acres increase in both programs: 1855* acres
10 • * = rounded acres
11 December 2015
12 • VAD = 8536 acres
13 • EVAD = 1859 acres
14 Total Acres = 10,395*
15 * = rounded acres
16
17 Commissioner Price thanked Ms. Hughes for getting so many farmers in these programs
18 to be able to preserve their agricultural heritage.
19 Commissioner Pelissier said she would like a letter from the Chair on behalf of the Board
20 to be sent to all of the participants.
21 Commissioner Pelissier asked if there is a process for what happens after 10 years.
22 Gail Hughes said the VAD has an automatic renewal after 10 years, and the EVAD has
23 a three renewal, after the first 10 years.
24
25 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
26 Board to certify the ten (10)farm properties noted above totaling 1,325 acres (VAD) and 530
27 acres (EVAD) (rounded acreage) as denoted in the attached documentation as qualifying
28 farmland; designate the farms as a Voluntary or Enhanced Voluntary Agricultural District farm
29 within the Caldwell, Cane Creek/Buckhorn, High Rock/Efland, New Hope/Hillsborough,
30 Schley/Eno, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange
31 County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District
32 (EVAD) programs. With approval of these additional acres, the Orange County Voluntary
33 Agricultural District Program will have enrolled 70 farms, totaling 8,536 acres in the VAD and
34 1,859 acres in the EVAD, for a total of 10,395 acres (rounded) in the program.
35
36 VOTE: UNANIMOUS
37
38 c. Proclamation — Bill of Rights Day
39 The Board considered adopting a proclamation to officially recognize Bill of Rights Day
40 in Orange County during the month of December 2015 and authorizing the Chair to sign the
41 Proclamation.
42 Commissioner Price read the proposed revised proclamation:
43
44 ORANGE COUNTY BOARD OF COMMISSIONERS
45 PROCLAMATION
46 Bill of Rights Day
47 DECEMBER 15, 2015
48
49 Whereas, the necessary states ratified the Bill of Rights, the first ten amendments to the
50 United States Constitution, on December 15, 1791; and
51
8
1 Whereas, the Bill of Rights eventually protected every person of this state and nation from the
2 infringement of basic human and civil rights; and
3
4 Whereas, the freedoms of speech and association and the right to due process and equal
5 protection of the law, as embodied in the Bill of Rights, are a model for democratic institutions
6 and laws all over the world; and
7
8 Whereas, the people of North Carolina stood strong in withholding ratification of the Constitution
9 until the Bill of Rights was added to ensure their inalienable rights; and
10
11 Whereas, the Orange County Board of Commissioners demonstrated its commitment to
12 "upholding the civil rights and civil liberties of all persons in Orange County and their free
13 exercise and enjoyment of any and all rights and privileges secured by our constitutions and
14 laws of the United States, the State of North Carolina, and Orange County," in a May 20, 2003
15 approved resolution entitled "A Resolution Regarding the Protection of Civil Rights and Civil
16 Liberties"; and
17
18 Whereas, the Orange County Board of Commissioners reaffirmed the protections of all its
19 residents by passing "A Resolution Opposing the Use of Local Law Enforcement to Enforce Civil
20 Immigration Law and Policy" on January 23, 2007;
21
22 Now, Therefore Be It Resolved that we the Orange County Board of Commissioners do
23 hereby proclaim December 15, 2015 as "BILL OF RIGHTS DAY" in Orange County and
24 commend this observance to all people.
25
26 This, the 7th day of December 2015.
27
28 A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin for
29 the Board adopt the Proclamation regarding the Bill of Rights Day and authorize the Chair to
30 sign the Proclamation.
31
32 VOTE: UNANIMOUS
33
34 d. Proclamation - Human Rights Day, Bill of Rights Day, and Human Rights Week
35 The Board considered adopting the Proclamation regarding Human Rights Day, Bill of
36 Rights Day and Human Rights Week and authorizing the Chair to sign the Proclamation.
37 Commissioner Jacobs read the proclamation:
38
39 ORANGE COUNTY BOARD OF COMMISSIONERS
40 PROCLAMATION
41
42 WHEREAS, on December 10, 1948, the member states of the United Nations signed the
43 Universal Declaration of Human Rights and countries of different political, economic and social
44 systems agreed on the fundamental rights that all people share solely on the basis of their
45 common humanity; and
46
47 WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations
48 in connection with the Universal Declaration of Human Rights; and
49
50 WHEREAS, the Bill of Rights Day was first declared in 1941 by President Franklin Delano
51 Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and
9
1
2 WHEREAS, it was the North Carolina convention, held in Hillsborough, which was instrumental
3 regarding the inclusion of a Bill of Rights as part of ratifying the United States Constitution; and
4
5 WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and
6 of the press as well as freedom of religion and association; and
7
8 WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property
9 without due process of law and establishes fundamental rules of fairness in judicial proceedings,
10 including the right to trial by jury; and
11
12 WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with
13 each individual in Orange County, and each of us can play a major role in enhancing human
14 rights; and
15
16 WHEREAS, the residents of Orange County support Human Rights and recognize that the
17 "inherent dignity and the equal and inalienable rights of all members of the human family are the
18 foundation of freedom,justice and peace;"
19
20 NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North
21 Carolina, do hereby proclaim December 10, 2015 as Human Rights Day and December 15,
22 2015 as Bill of Rights Day and December 10 — 16, 2015 as Human Rights Week in Orange
23 County and challenge residents to study and promote the ideals contained in these documents
24 to the end that freedom,justice, and equality shall not perish but will flourish and be made
25 available to all.
26
27 This the 7th day of December 2015.
28
29 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs for
30 the Board to adopt the Proclamation regarding Human Rights Day, Bill of Rights Day and
31 Human Rights Week and authorize the Chair to sign the Proclamation.
32
33 VOTE: UNANIMOUS
34
35 e. Presentation on County Financing of Public Schools
36 The Board considered receiving the presentation discussing North Carolina's governing
37 and financing structure for public education, including the different roles that counties have in
38 funding public schools.
39 Bonnie Hammersley introduced the staff from the NCACC.
40 Paige Worsham, NCACC Research Analyst, presented the following PowerPoint,
41 providing the legal overview:
42
43 Orange County Board of Commissioners
44 Board Meeting
45 December 7, 2015
46 Hillsborough, NC
47
48 Paige C. Worsham, Esq.
49 Research Analyst
50 Dr. Linda S. Millsaps
51 Research Director
10
1
2 NCACC Vision
3 Empowering 100 counties to work together for the betterment of one state
4 NCACC Mission
5 Our Association supports and promotes the well being of all North Carolina counties through
6 advocacy, education, research, and member services.
7 Center for County Research
8 The North Carolina Center for County Research is the principal repository and source of data
9 analysis for county-based information. The center collects and publishes primary survey data
10 from North Carolina county governments and compiles county data information from secondary
11 data sources.
12
13 Outline
14 School Funding Process in North Carolina
15 • ADM Changes
16 • Local School Administrative Unit Funds
17 • Budget Process
18 • Dispute Resolution
19 • Directions and Limitations on School Board's Budget
20 • Other Board of Commissioners Authority
21
22 School Funding Process in North Carolina
23 Constitutional Provisions
24 • The General Assembly shall provide by taxation and otherwise for a general and uniform
25 system of free public schools, which shall be maintained at least nine months in every
26 year, and wherein equal opportunities shall be provided for all students. N.C. Const. art.
27 IX § 2(1)
28 • Local responsibility. The General Assembly may assign to units of local government
29 such responsibility for the financial support of the free public schools, as it may deem
30 appropriate. The governing boards of units of local government with financial
31 responsibility for public education may use local revenues to add to or supplement any
32 public school or post-secondary school program. N.C. Const. art. IX § 2(2)
33
34 Statutory Provisions
35 • To insure a quality education for every child in North Carolina, and to assure that the
36 necessary resources are provided, it is the policy of the State of North Carolina to
37 provide from State revenue sources the instructional expenses for current operations of
38 the public school system as defined in the standard course of study.
39 • It is the policy of the State of North Carolina that county governments will meet the
40 facilities requirements for a public education system. N.C. G.S. 115C-408(b)
41 The funding responsibility is divided between state and county governments.
42 • Generally, the state is responsible for operating expenses and counties are responsible
43 for capital expenses. However, states provide some capital funds and counties
44 supplement operating expenses.
45
46 State Funding
47 > ADM Allotment Funds
48 > Clear proceeds of all civil penalties, civil forfeitures, and civil fines that are collected by a
49 State agency pursuant to Article IX, Section 7(b) of the Constitution
11
1 ➢ 30% of proceeds from 1/2 ¢ sales tax levied under Art. 40 are earmarked for school
2 capital needs
3 ➢ 60% of proceeds from 1/2 ¢ sales tax levied under Art. 42 are earmarked for school
4 capital needs
5 ➢ Money from Public School Building Capital Fund (lottery money)
6
7 Allotted ADM, 2015-16
8 • Orange County Schools
9 o 7,526 (decrease of 2.2%)
10 • Chapel Hill Carrboro City Schools
11 o 12,203 (decrease of 1.2%)
12
13 Orange County Schools, Total Dollar Per ADM (graph)
14
15 Chapel Hill-Carrboro City Schools (CHCCS), Total Dollar Per ADM (graph)
16
17 Required Funds for Local School Administrative Units
18 G.S. 115C-426
19 1. The State Public School Fund
20 ➢ Appropriations for current operating expenses from moneys made available to local
21 school administrative unit by the State Board of Education
22 2. The Local Current Expense Fund
23 ➢ Includes appropriations sufficient, when added to appropriations from the State Public
24 School Fund, for the current operating expense of the public school system in conformity
25 with the educational goals and policies of the State and the local board of education,
26 within the financial resources and consistent with the fiscal policies of the board of
27 county commissioners.
28 3. The Capital Outlay Fund
29 ➢
30
31 Commissioner Jacobs asked if there was any leeway for the BOCC to determine what
32 those fiscal policies might be, as they relate to the schools.
33 Paige Worsham said it does allow some discretion. She said Orange County has a
34 written fiscal policy, which would determine the level of leeway.
35 Paige Worsham resumed the presentation:
36
37 Orange County Schools, State Allocated Dollars (graph)
38
39 CHCCS, State Allocated Dollars (graph)
40
41 Required Funds for Local School Administrative Units (cont.)
42 1. The State Public School Fund
43 2. The Local Current Expense Fund
44 3. The Capital Outlay Fund
45 ➢ Includes appropriations for:
46 (1) Real property for school purposes
47 (2) The acquisition, construction, reconstruction, enlargement, renovation, or
48 replacement of buildings and other structures
49 (3) The acquisition or replacement of furniture and equipment
50 (4) The acquisition of school buses
51 (5) The acquisition of activity buses and other motor vehicles.
12
1 (6) Other objects of expenditure that are assigned to capital outlay fund
2
3 Local Current Expense Fund
4 Includes:
5 ➢ Revenues accruing to the local school administrative unit by virtue of Article IX, Sec. 7 of
6 the Constitution,
7 ➢ Monies made available to the local school administrative unit by the board of
8 county commissioners,
9 ➢ supplemental taxes levied by or on behalf of the local school administrative unit pursuant
10 to a local act or G.S. 115C-501 to 115C-511,
11 ➢ State money disbursed directly to the local school administrative unit, and
12 ➢ other moneys made available or accruing to the local school administrative unit for the
13 current operating expenses of the public school system. (Emphasis added)
14
15 *County Board may consider the local school administrative unit's fund balance, when making
16 appropriations for current expenses
17
18 Chair McKee asked if the fund balance is different from the monies made available to
19 the local school administrative unit by the BOCC. He said the fund balances are accrued
20 through the County's appropriations.
21 Paige Worsham said the fiscal policies of the school boards encourages the funds be
22 used for non-recurring expenses.
23 Chair McKee clarified that the BOCC could not reduce its allocation as per the amount
24 the school boards are using.
25 Paige Worsham said yes.
26 Commissioner Dorosin asked what would happen if the schools used the funds for
27 recurring expenses.
28 Paige Worsham said the school boards' policies strongly encourage them not to do so.
29 Commissioner Dorosin asked what happens if this strong encouragement is ignored and
30 money is spent on a recurring expense.
31 Paige Worsham said the BOCC could then change its appropriation accordingly.
32 Commissioner Dorosin asked if federal monies are considered anywhere in this process.
33 Paige Worsham said those monies are not spoken to in any of these statutes, but are
34 considered separate funding with specific targets.
35 Commissioner Rich asked if the fund balance is used for salaries or raises, and it
36 becomes an on-going expense, who would be held responsible for said ongoing expense.
37 Page Worsham she said she would address that question in upcoming slides.
38 Paige Worsham continued the presentation:
39
40 NCACC Annual Budget & Tax Survey
41 Findings:
42 • Average 2014-15 Current Expense
43 o $26,412,376 (range from $570,000 - $386,000,000)
44 • Average 2015-16 Current Expense (14 counties not reporting)
45 o $30,378,438 (range from $537,595 - $406,202,352)
46 • Average Increase of 4%
47 o Orange County is 2.7%
48
49 LEA Fund Balances (graph)
50
51 Local Current Expense Fund Balance Policy
13
1 3.1. Fund Balance for Cash Flow Purposes — Each school district will make a good faith effort
2 to maintain a level of unassigned fund balance that will ensure sufficient funds are available to
3 address its cash flow needs. The following levels are to be maintained for cash flow purposes
4 only:
5
6 3.1.1. Chapel Hill Carrboro City Schools - The targeted level of unassigned fund balance for
7 cash flow purposes will be at a minimum of 5.5 percent of budgeted expenditures.
8
9 3.1.2. Orange County Schools —The targeted level of unassigned fund balance for cash flow
10 purposes will be at a minimum of 3 percent of budgeted expenditures.
11
12 3.2. Accumulated Fund Balance Above Cash Flow Purposes - In the event that either school
13 district accumulates more than the percentage amounts allowed for cash flow purposes, the
14 respective Boards of Education will develop a plan in place for spending the accumulated fund
15 balance surplus for non-recurring purposes. The Board of Education will share that plan with the
16 Board of County Commissioners.
17
18 3.3. Fund Balance Appropriation Occurring Outside the Normal Annual Budgeting
19 Process —Appropriation of fund balance is a budgetary action that rests with elected bodies of
20 each school system. It is highly desired that fund balance appropriations be limited to non-
21 recurring expenses. Both school districts have historically appropriated fund balance as a part
22 of their normal budgeting process, and this practice will remain until additional revenue is
23 available to eliminate the use of fund balance. The board of education should note and explain
24 significant deviations in the normal budgetary appropriation as a part of the budget narrative
25 accompanying the recommended and adopted budgets. If the board of education finds it
26 necessary to appropriate fund balance, outside the normal annual budgeting process, the board
27 of education shall highlight the appropriation in their next fiscal year's budget request.
28
29 The county commissioners are not obligated to increase local current expense in order to fund
30 recurring items for which the board of education appropriates fund balance outside of the
31 normal budgeting process.
32
33 Paige Worsham said if the school districts choose to appropriate fund balance to
34 recurring or non-recurring expenses, the BOCC is not obligated to match that amount in the
35 next budget cycle.
36
37 Capital Outlay Fund
38 Includes:
39 > Revenues made available for capital outlay purposes by the State Board of Education
40 and the board of county commissioners,
41 > supplemental school district taxes,
42 > the proceeds of the sale of capital assets,
43 > the proceeds of claims against fire and casualty insurance policies,
44 > and other sources.
45 "No contract for the purchase of a site shall be executed nor any funds expended
46 therefore without the approval of the Board of County Commissioners as to the amount
47 to be spent for the site."
48 • Dispute resolution process in G.S. 1150-431 used to settle disagreement
49
50 County Expenditures per Pupil (map)
51
14
1 County Expenditure per Pupil (map)
2
3 NCACC Annual Budget & Tax Survey
4 Findings:
5 • Average 2014-15 Total County School Appropriation (Includes Capital Outlay &
6 Reserve; School Debt Service)
7 o $38,142,461 (range from $943,253 - $574,695,773)
8 • Average 2015-16 Total County School Appropriation (14 counties not reporting)
9 o $42,935,231 (range from $586,500 - $631,765,751)
10 • Average Increase of 5% [Orange County is 2%]
11
12 Communication Between Board of County Commissioners and Boards of Education
13 In Budget Process:
14 § 115C-426.2:
15 ➢ Boards are "strongly encouraged" to hold periodic joint meetings during the fiscal year.
16 ➢ "In particular, the boards are encouraged to assess the school capital outlay needs, to
17 develop and update a joint five-year plan for meeting those needs, and to consider this
18 plan in the preparation and approval of each year's budget under this Article."
19
20 § 115C-429:
21 ➢ Board of Education submits budget to the board of county commissioners not later than
22 May 15, or later date if fixed by Board of Commissioners
23 ➢ Board of Commissioners completes action by July 1, or later agreed-upon date.
24 ➢ The board of county commissioners may, in its discretion, allocate part or all of its
25 appropriation by purpose or function
26 ➢ "The board of county commissioners shall have full authority to call for, and the board
27 of education shall have the duty to make available to the board of county
28 commissioners, upon request, all books, records, audit reports, and other information
29 bearing on the financial operation of the local school administrative unit."
30
31 Multiple Local School Administrative Units
32 § 115C-430
33 ➢ For counties with more than one local school administrative unit, all county
34 appropriations to local current expense funds (except supplemental tax funds) are
35 apportioned based on ADM
36 ➢ There is no uniform appropriation requirement for capital outlay funds
37
38 Commissioner Jacobs asked if there could be further clarification of these points.
39 Paige Worsham said the capital outlay does not have to be appropriated evenly between
40 districts nor based on ADM.
41
42 Dispute Resolution Process
43 §115C-431
44 ➢ Require mediation if board of education determines "the amount of money appropriated
45 to the local current expense fund, or the capital outlay fund, or both, by the board of
46 county commissioners is not sufficient to support a system of free public schools..."
47 ➢ If no agreement by August 1 (or later date agreed to by both parties), the board of
48 education may file an action in superior court
49 ➢ Superior court must find:
50 • the amount of money legally necessary from all sources and
51 • the amount of money legally necessary from the board of commissioners
15
1 Superior court must consider "educational goals and policies of the State and the local
2 board of education, the budgetary request of the local board of education, the financial
3 resources of the county and the local board of education, and the fiscal policies of the
4 board of county commissioners and the local board of education."
5
6 HB 726
7 > Filed in 2015-16 NCGA Session
8 > Passed Judiciary Committee hearing, but Failed House floor vote 52-66
9 > Would have repealed school board's authority to file in superior court, and the board of
10 commissioners' appropriation would be final
11
12 Directions and Limitations on School Board's Budget
13 § 115C-432
14 > The school board's budget resolution must conform to the county board's allocation if the
15 county board appropriated by purpose or function under G.S. 115C-429(b).
16 > Otherwise, the school board has discretion over the local current expense fund if the
17 county board provides no direction.
18 > Purpose
19 Codes: http://www.ncpublicschools.orp/docs/fbs/finance/reporting/coa/2015/purposesum
20 mary.pdf
21 > Purpose/Function
22 Codes: http://www.ncpublicschools.org/docs/fbs/finance/reporting/coa/2015/purposesum
23 mary.pdf
24 Purpose Codes
25 • For budgeting and accounting purposes, expenditures of a local school administrative
26 unit are classified into five purposes:
27 5000 Instructional services
28 6000 System-Wide Support Services
29 7000 Ancillary Services
30 8000 Non-Programmed Charges
31 9000 Capital Outlay
32 Function Codes
33 • Second level of code
34 • For example: 5300 -- Alternative Programs and Services
35 7200 -- Nutrition Services
36
37 § 115C-433
38 If the board of county commissioners allocates part or all of its appropriations by purpose or
39 function
40 Then, the board of education must obtain board of commissioners' approval for an amendment
41 to the budget that increases or decreases the amount of county appropriation allocated to a
42 purpose or function by twenty-five percent (25%*) or more
43
44 * Board of commissioners may allow a lesser percentage of not less than 10%
45
46 Chair McKee asked if this provision applies to operating expense, capital expense or
47 both.
48 Paige Worsham said in the statute, it applies to both; but practically, it applies to
49 operating expense as the purpose and function codes deal mostly with operating expense.
50 She said not many counties budget by purpose and function.
16
1 Commissioner Dorosin asked if there is an advantage to budgeting by purpose and
2 function.
3 Paige Worsham said without budgeting this way, boards of education have full discretion
4 as to how to spend funds, once the funds have been appropriated by the BOCC.
5 Commissioner Dorosin asked if there is a reason why counties do not budget by purpose
6 and function.
7 Paige Worsham said she did not know the reason, but guessed it may be a cumbersome
8 way to budget, and require a greater amount of micromanaging by the BOCC.
9 Paige Worsham continued the presentation:
10
11 Appropriating Capital Funds:
12 A county board may appropriate moneys for Category I expenditures for a specific capital
13 project or projects. Moneys appropriated for Categories II and III expenditures, however, are
14 allocated to the entire category, not to individual expenditure items.
15
16 Category I - Acquisition of real property and acquisition, construction, reconstruction,
17 enlargement, renovation or replacement of buildings and other structures for school
18 purposes.
19 Category II - Acquisition or replacement of furnishings and equipment.
20 Category III -Acquisition of school buses, activity buses, and other motor vehicles.
21
22 If the board of commissioners allocates all or part of capital funding by project, the school board
23 must get approval to change specific Category I expenditures. The school board has full
24 discretion to reallocate funds within Categories II & Ill. [County and Municipal Government,
25 UNC Sch. Of Gov't]
26 ➢ The board of education may amend the budget to transfer money to or from the capital
27 outlay fund to or from any other fund, with the approval of the board of county
28 commissioners, in emergency situations.
29 ➢ Board of commissioners must act on school board's request within 30 days
30
31 Other Types of Board of Commissioners Authority:
32 Continuing Contracts for Capital Outlay
33 § 115C-441(c)
34 ➢ A school administrative unit may enter into a multi-year contract for capital outlay
35 expenditures, without the budget resolution including an appropriation for the entire
36 obligation, provided:
37 a. The budget resolution includes an appropriation authorizing the current fiscal year's
38 portion of the obligation;
39 b. An unencumbered balance remains in the appropriation sufficient to pay in the
40 current fiscal year the sums obligated by the transaction for the current fiscal year; and
41 c. Contracts for capital outlay expenditures are approved by a resolution adopted by the
42 board of county commissioners. The resolution binds the board of county commissioners
43 to appropriate sufficient funds in ensuing fiscal years to meet the amounts to be paid
44 under the contract
45 School Sites and Property
46 § 115C-518
47 ➢ The board of commissioners is afforded the first opportunity to obtain property held by
48 the school board if the school board determines the property no longer suitable or
49 necessary for public school purposes
50 § 115C-521
51 ➢ School board has duty to provide adequate classroom facilities
17
1 ➢ School boards must submit long-range facilities plans (Facilities Needs Survey) to the
2 State Board of Education every five years (In developing these plans, local boards of
3 education shall consider costs and feasibility of renovating old school buildings instead
4 of replacing them.)
5 ➢ The board of commissioners shall be given a reasonable time to provide the funds the
6 board finds necessary for providing the local school administrative facilities with suitably
7 equipped facilities
8 ➢ The board of commissioners has a duty to provide funds for its finding
9 115C-524
10 ➢ Duty of local board of education and board of commissioners to keep all school buildings
11 in good repair
12 The board of commissioners has no authority to require the school board to use a
13 specific contractor or a specific build process. Use an interlocal agreement for county to
14 have contracting authority
15 § 115C-528
16 ➢ The school board must get approval from the board of commissioners for any
17 installment purchase contract if the term is more than 3 years and more than $250K, OR
18 more than 3x the local board's annual State allocation for classroom materials,
19 equipment, and supplies, whichever is less. School board must submit information on
20 installment contracts to commissioners in annual budget
21 § 115C-530
22 ➢ Operational leases for terms of less than three years are not subject to board of county
23 commissioner approval.
24 ➢ Operational leases for terms of three years or longer, including renewal periods, are
25 permitted if conditions are met, including:
26 • The leases are approved by a resolution adopted by the board of county
27 commissioners, and the county commissioners must appropriate sufficient funds
28 to cover the lease
29
30 Public School Building Capital Fund (PSBCF)
31
32 §115C-546.1 to 546.2
33 Purpose
34 ➢ to assist county governments in meeting their public school building capital needs
35 Fund Appropriation
36 • Funds appropriated to the PSBCF from the lottery are allocated for school capital
37 construction projects on ADM basis
38 • A county may use monies in this Fund to pay for school construction projects in local school
39 administrative units and to retire indebtedness incurred for school construction projects.
40 ➢ $100 Million appropriated in 2015-16 & in 2016-17
41
42 NC Schools costs per sq. ft. (graph)
43
44 2014 Median Cost of New Schools (by region) (chart)
45
46 Commissioner Burroughs referenced the required funds for local school administrative
47 unites, and asked if there are any optional funds.
48 Paige Worsham said she could not think of anything, but will research this.
49 Neil Emory, NCACC Outreach Associate, said most counties do not use purpose and
50 function budgeting because it does not allow line item discretion, but rather function. He added
18
1 that the functions are usually so broad that the required effort is not worth it. He said only the
2 Board of County Commissioners can issue debt for the County, and for what it is utilized.
3 Commissioner Dorosin said this is a lot of information tonight. He said Orange County is
4 one of the few counties left with multiple school districts, and he asked if that fact makes a
5 difference with these state statutes.
6 Paige Worsham said the one that comes to mind is the difference between the current
7 expense appropriation and the capital needs (slide 115c-429) in budget process. She said the
8 current expense would be appropriated by the BOCC on an ADM basis, but the capital funds
9 need not be. She said there are issues of fairness and relationships that the BOCC would likely
10 need to consider but there is no requirement of equality in the division of capital outlay.
11 Commissioner Dorosin clarified that once the BOCC allocates funds to the schools, the
12 Board of County Commissioners has no control over the spending of that funding. He gave the
13 example of schools wanting to build a football stadium, against the wishes of the BOCC. He
14 asked if the BOCC approved a budget, but denied the monies for a football stadium, could the
15 schools still use the funds that were received to build a football stadium, at the cost of not
16 funding another need within their district.
17 Paige Worsham said that particular example would fall under category one.
18 Commissioner Dorosin offered another example of giving the superintendent a large
19 bonus, which the Board of County Commissioners does not support but the school does it
20 anyway out of the funds that are received.
21 Paige Worsham said the money would have to come from some part of a budget
22 previously approved by the BOCC.
23 Commissioner Dorosin said it was his understanding from the PowerPoint presentation
24 that once the check is written to the schools for their budget, the BOCC no longer has any
25 control over how the money is spent.
26 Paige Worsham said if the BOCC is not funding by purpose and function, then yes that
27 is correct.
28 Chair McKee said the purpose of this presentation is to help clarify details as Orange
29 County approaches the bond process. He said the BOCC is learning from this presentation just
30 as much as community members who are watching the meeting this evening. He said there will
31 be meetings with both school boards in the coming months and the BOCC needs to understand
32 the state statutes in order to provide the best for the children of Orange County. He stressed
33 that no further meaning should be read into any of the questions or comments made by the
34 BOCC.
35 Commissioner Jacobs said he asked for this type of presentation so that all members of
36 the BOCC could understand the exact opportunities and obligations to make the Board's will
37 manifest in the process with the schools. He said sometimes the BOCC is pushed out of school
38 discussions, when the statutes give permission for the BOCC to be involved in such business.
39 He referred to Commissioner Dorosin's hypothetical situtation and said under Orange County
40 policies a school board could spend the $1 million fund balance in defiance of BOCC wishes.
41 He said the Board may want to think about going forward.
42 Commissioner Dorosin said he wished the Board had received the presentation earlier in
43 order to study it.
44
45 5. Public Hearings
46 NONE
47
48 6. Consent Agenda
49
50 • Removal of Any Items from Consent Agenda
51
19
1 Item f was deferred earlier this evening.
2
3 Commissioner Pelissier asked to be excused from voting on Item c due to fact her
4 husband is listed.
5
6 • Approval of Remaining Consent Agenda
7
8 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
9 approve the remaining items on the Consent Agenda, with exclusion of Item 6-c.
10
11 VOTE: UNANIMOUS
12
13 • Discussion and Approval of the Items Removed from the Consent Agenda
14
15 A motion was made by Commissioner Price, seconded by Commissioner Jacobs Motion
16 to excuse Commissioner Pelissier from voting on Item 6-c.
17
18 VOTE: UNANIMOUS
19
20 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
21 approve Item 6-c.
22
23 VOTE: UNANIMOUS
24
25 a. Minutes
26 The Board approved the minutes for the November 5, 2015 BOCC Regular Meeting, and the
27 November 10, 2015 BOCC Work Session as submitted by the Clerk to the Board.
28 b. Motor Vehicle Property Tax Releases/Refunds
29 The Board adopted the resolution, which is incorporated by reference, to release motor vehicle
30 property tax values for eight (8) taxpayers with a total of eight (8) bills that will result in a
31 reduction of revenue in accordance with the NCGS.
32 c. Property Tax Releases/Refunds
33 The Board adopted the resolution, which is incorporated by reference, to release property tax
34 values for eleven (11)taxpayers with a total of eleven (11) bills that will result in a reduction of
35 revenue in accordance with North Carolina General Statute 105-381.
36 d. Applications for Property Tax Exemption/Exclusion
37 The Board adopted the resolution, which is incorporated by reference, for the ten (10) untimely
38 applications for exemption/exclusion from ad valorem taxation for ten (10) bills for the 2015 tax
39 year.
40 e. Amendment to the Orange County Code of Ordinances Regarding Agricultural
41 Preservation Board
42 The Board 1) adopted and authorized the Chair to sign the Resolution, which is incorporated by
43 reference, Amending Chapter 48 of the Code of Ordinances of Orange County; and 2)
44 authorized staff to make any typographical or other non-substantive corrections as may be
45 needed prior to and during the process of submission of the amended ordinance to Municode.
46 f. Amendment to the Orange County Code of Ordinances Regarding Massage Regulation
47 The Board 1) adopted and authorized the Chair to sign the Resolution, which is incorporated by
48 reference, Amending Chapter 8, Article II of the Code of Ordinances of Orange County; and 2)
49 authorized staff to make any typographical or other non-substantive corrections as may be
50 needed prior to and during the process of submission of the amended ordinance to Municode.
51 g. Memorandum of Agreement Renewal — Fairview Park
20
1 The Board renewed, with minor changes, a Memorandum of Agreement (MOA) between the
2 County and Town of Hillsborough for Fairview Park Operations and Responsibilities, and
3 authorized the Chair to sign the revised MOA for Fairview Park.
4 h. Request for Road Addition to the State Maintained Secondary Road System —
5 Carramore Lane
6 The Board 1)forwarded the Petition for Addition to the State Maintained System to the North
7 Carolina Department of Transportation for Carramore Lane in Carramore Subdivision; and 2)
8 recommended the Department of Transportation accept the road for maintenance as a State
9 Secondary Road.
10 i. Request for Road Addition to the State Maintained Secondary Road System — Lucas
11 Farm Lane
12 The Board 1)forwarded the Petition for Addition to the State Maintained System to the North
13 Carolina Department of Transportation for Lucas Farm Lane in Lucas Farm at New Hope Creek
14 Subdivision; and 2) recommended the Department of Transportation accept the road for
15 maintenance as a State Secondary Road.
16 j. Schools Adequate Public Facilities Ordinance (Schools APFO) —Approval of
17 Membership and Capacity Numbers
18 The Board approved the November 13, 2015 Membership and Capacity numbers for both
19 school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in
20 developing 10-year student membership projections and the 2016 SAPFO Technical Advisory
21 Committee (SAPFOTAC) Report.
22 k. Text Amendment to the Joint Planning Agreement— Revise Existing Language
23 Regarding Transition Area Resident Representation of the Chapel Hill Planning
24 Commission and Board of Adjustment
25 The Board received the Planning Board's recommendation and amendment to the Joint
26 Planning Agreement proposed by the Town of Chapel Hill regarding Transition Area resident
27 representation on the Town's Planning Commission and Board of Adjustment, and adopted the
28 Resolution Amending the Joint Planning Agreement Regarding Transition Area Resident
29 Representation on the Town of Chapel Hill's Planning Commission and Board of Adjustment.
30
31 7. Regular Agenda
32
33 a. Major Subdivision Preliminary Plat Application — Henderson Woods
34 The Board considered receiving the Planning Board recommendation on the Preliminary
35 Plat application for the Henderson Woods Subdivision proposing a 19 lot single-family
36 residential subdivision in accordance with the provisions of Section 2.15 and Article 7
37 Subdivisions of the Unified Development Ordinance (UDO), and approving the Preliminary Plat
38 as submitted and the Resolution of Approval.
39 Patrick Mallett, Orange County Planner, reviewed the attachments in the abstract, and
40 made the following PowerPoint presentation:
41
42 December 7, 2015
43 Board of County Commissioners Item 7:
44 Henderson Woods
45 Preliminary Plan
46 Review and Action on a 19-lot Major Subdivision off of Erwin Road and Whitfield Road
47 Orange County Planning Department
48 Areal Map
49
50 Land Use Element of the Comprehensive Plan- Rural Buffer (map)
21
1
2 Growth Management System- Rural Designated (map)
3
4 Conventional Plan (graphic)
5
6 Flexible Design Option (graphic)
7
8 Illustrative Rendering (graphic)
9
10 Cluster Design Options (chart)
11
12 Conservation Cluster - Flexible Design Attributes
13 • Average lot size — 1.22 acres (53,143 sq. ft.). Density is 1 dwelling unit per 2.52 acres.
14 o STAFF COMMENT: Consistent with Joint Planning Land Use Plan and Orange
15 County Comprehensive Plan requirements.
16 • Open Space is 21.21 acres (44% of site) containing:
17 -Primary Open Space is 3.55 Acres (17% of Open Space); and
18 - Secondary Open Space 17.61 Acres (83% of Open Space).
19 • Required private recreation ratio met within provided common Open Space.
20 • 100 foot building setbacks along perimeter of project.
21
22 Site Photograph — 1
23
24 Site Photograph —2
25
26 Site Photograph - 3
27
28 Site Photograph -4
29
30 Site Photograph — 5
31
32 Neighborhood Information Meeting
33 A Neighborhood Information Meeting (NIM)was held on April 7, 2015 and attended by
34 approximately 20 area residents.
35 Applicants and Staff discussed the following issues with residents:
36 1. Vehicular Access and Traffic;
37 2. Lot Size, Density and Open Space;
38 3. Setbacks, Buffers and Tree Preservation;
39 4. Conventional vs. Flexible Design Provisions;
40 5. Trail Connections to New Hope Creek and Duke Forest; and
41 6. Well and Septic Provisions.
42
43 Patrick Mallett answered some clarifying questions about access to the property.
44
45 Recommendation
46 The Manager recommends the Board:
47 1. Receive the Planning Board and Planning Director's recommendation on the Preliminary
48 Plat application for the Henderson Woods Subdivision,
49 2. Discuss the proposal as desired, and
50 3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained
51 in Attachment 7.
22
1
2 Commissioner Jacobs asked if there is a party responsible for taking care of the
3 sidewalks along the public right of way.
4 Patrick Mallett said most of the sidewalks are outside of the public right of way, and the
5 residents or Home Owner's Association (HOA) would take care of the sidewalks, as well as the
6 gazebo, and any other areas along the right of way.
7 Commissioner Jacobs said it is nice to know who is responsible for these types of things.
8 Patrick Mallett said the Applicant has worked with Duke Forest to make sure that other
9 trails were not needed.
10 Commissioner Jacobs asked if this is considered a rural area.
11 Patrick Mallett said somewhere between rural and urban, and it is zoned rural-buffer.
12 Commissioner Jacobs referred to an issue that arose during the neighborhood meeting
13 where residents expressed concern regarding the amount of increase of cars. He said this
14 impact could be very different for a rural community versus an urban one. He said it would be
15 nice to be able to apply metrics to situations like these, and hopes Planning is working on this
16 issue.
17 Commissioner Price asked if the water feature is a pond.
18 Patrick Mallett said the Applicant wants to use it as an amenity, but has yet to define it.
19 Commissioner Pelissier referred to the protection of existing trees, and asked if there is
20 way this is communicated to the homeowners.
21 Patrick Mallett said there is a commitment to do this in the primary areas, which are
22 jurisdictional streams; wetlands, that may or may not be jurisdictional streams that would require
23 additional permitting; and the perimeter buffer along the edges. He said the Applicant
24 anticipates having to do storm water and erosion control for the roads. He said the Applicant
25 has an established track record of limiting the amount of disturbance for the single-family lots.
26 Commissioner Pelissier said she is asking about when an individual home is purchased,
27 how does the homeowner know the boundaries of where it is permissible to cut trees.
28 Patrick Mallett said the lot is surveyed and recorded and the rest would be controlled by
29 the HOA.
30 Michael Harvey, Orange County Current Planning Supervisor, said when one buys a lot,
31 part of due diligence review is reviewing the covenants, the deed restrictions and the play,
32 which includes areas that need to be left undisturbed. He said once this plat gets recorded the
33 zoning regulations will be more clear.
34 Commissioner Pelissier said the HOA is responsible for preserving open space.
35 Michael Harvey said yes.
36 Tom Heavner, the Applicant, said his experience in previous sub-divisions is that at point
37 of sale, the homeowner is aware of these limitations. He said the HOA assumes the
38 responsibilities for making sure of this and enforcing it. He said this is an urbanizing area
39 though zoned rural buffer, noting it is within two miles from Wal-Mart. He said these sub-
40 divisions like streetlights and sidewalks, and he works with the appropriate partners to install
41 these amenities in non-traditional ways.
42 Commissioner Rich said residents in her neighborhood have gone into open spaces,
43 disrupting them. She said this does not typically happen with the original homeowners, but
44 rather when properties are sold.
45 Commissioner Rich referred to the payments in lieu, and asked Michael Harvey if he
46 could explain how the amount of funding that goes towards the parks is determined.
47 Michael Harvey said Orange County is broken into several independent park districts.
48 He said this parcel of property is located in a district that is a regional park and must pay $455 in
49 accordance with the standards of the Unified Development Ordinance (UDO). He said monies
50 from Henderson Woods will only go to a regional park in this area. He said whether the money
23
1 is sufficient is a question to refer to the Department of Environment, Agriculture, Parks and
2 Recreation (DEAPR).
3 Commissioner Rich asked if this process is reviewed with any consistency.
4 Michael Harvey said there is a new Parks Master Plan, and a review will be conducted
5 over the next several months.
6 Commissioner Price asked if there is a plan in place if heavy rain falls, and the pond
7 begins to flood, blocking the only entrance to the subdivision.
8 Michael Harvey said it is not uncontrolled but it is on the property that the HOA owns,
9 and he said they are responsible for insuring that the pond does not breech and create a
10 flooding problem. He said the Applicant will go through extensive permitting processes.
11 Phil Koch, Earth Centric Engineering, referred to the illustrative drawing and the center
12 of the pond, which is the low point and where the pond discharges. He also noted aspects of
13 the topography, and that the pond needs to be dredged. He said the pond will have to meet
14 both local and state requirements.
15 Craig Benedict, Orange County Planning Director, said next year's budget will propose
16 some monies for the payment in lieu dedication study, based on the new Parks Master Plan.
17 Commissioner Jacobs asked John Roberts if there is a reason that the HOA agreement
18 is not viewed prior to approval, given how much relies on the actions of the HOA.
19 John Roberts said HOAs are required to submit agreements, and he does look at them.
20 He said these documents are not specifically reviewed for anything in particular, and the HOA is
21 bound to the County; but the actual homeowners are governed by the HOA agreement.
22 Commissioner Jacobs said when an HOA is purported to cover a particular concern he
23 would like to review the document to insure that it is in fact doing so.
24 John Roberts said a declaration of restrictions will be filed, that is not specifically the
25 HOA restrictions. He said this declaration should say the same thing as the resolution that is
26 passed.
27 Commissioner Jacobs said questions have arisen before when an HOA prohibited
28 clotheslines, with which the BOCC disagreed due to the environmental benefits. He said the
29 BOCC would never know about such a prohibition, without viewing the HOA agreement.
30 John Roberts said that is not within the County's purview to make such requirements in
31 an HOA's document.
32 Tom Heavner proposed sending the HOA documents to the County for review, and if
33 there were any desired changes he would address them.
34 Commissioner Jacobs said he would like to ask all developers to voluntarily submit the
35 HOA documents for the Board's review.
36 John Roberts said it would be acceptable to make such a request.
37 Commissioner Rich asked if the Applicant had any plan to address affordable housing
38 needs, and the County's social justice goals, given the large floor plans contained in Henderson
39 Woods.
40 Tom Heavner said the lots would be expensive. He said the goals of affordable housing
41 and the rural buffer are in conflict. He said the rural buffer has density limits, and to truly
42 achieve affordable housing, greater density must be available. He said this project will use
43 private water and sewer systems, which are also problematic for affordable housing. He said it
44 is a problem, and that there is nothing affordable about this subdivision. He said he is open to
45 working with the County to find an equitable way for developers to address affordable housing
46 needs. He said he favors payments in lieu over requiring a certain percentage of a
47 development to be affordable housing. He finds that the Community Land Trust and Habitat for
48 Humanity are far better equipped at creating affordable housing and, as such, makes a donation
49 to these programs each time he builds a development.
50 Commissioner Rich acknowledged his voluntary giving, but noted that not all developers
51 are as generous. She asked if there something that can be done in the rural buffer area to
24
1 address the needs. She suggested that Tom Heavner may be able to reach out to other
2 developers.
3 Tom Heavner said he has tried to start these conversations, to little success.
4 Tom Heavner said most areas in the rural buffer, especially those in the CHCCS, are
5 very expensive, and do not jive with the goals of affordability.
6 Chair McKee referred to the minutes from the June 3rd Planning Board meeting, noting it
7 mentioned a water source for fire services. He read the excerpt to which he was referring, and
8 asked if there is a reason that a standpipe would not be a good idea.
9 Patrick Mallett said various fire departments have different preferences on equipment
10 used for their water source.
11
12 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
13 approve the Preliminary Plat as submitted and the Resolution of Approval contained in
14 Attachment 7.
15
16 VOTE: UNANIMOUS
17
18 8. Reports
19
20 a. FY2015-16 First Quarter General Fund and Enterprise Funds Financial Report
21 The Board considered receiving a First Quarter General Fund and Enterprise Funds
22 Summary Financial Report for the period of July 1, 2015 through September 30, 2015, and
23 providing staff with feedback.
24 Bonnie Hammersley said Financial Services Director Gary Donaldson will present the
25 first quarterly report for FY 2015-16. She said the second quarter report will be brought to the
26 Board in early February.
27 Gary Donaldson presented the following Power Point presentation:
28
29 Orange County, NC
30 Department of Finance and Administrative Services
31 FY 2015-16 First Quarter Financial Report
32
33 Quarterly Financial Report Contents
34 General Fund Revenues and Expenditures Analysis by Major Revenue Categories and each
35 Department by Functional Leadership Team
36 • 5-Page Narrative explaining Major variances (1St Abstract Attachment)
37 ➢ Narrative delineating any material variance by either Performance or Timing
38 • Detailed Comparison of FY2015-16 Budget versus Actual and FY2014-15 Budget versus
39 Actual Table (2nd Abstract Attachment)
40 • NC Economic Outlook section (3rd Abstract Attachment)
41 • Appreciate BOCC comments for additions and/or enhancements to this new Financial
42 Quarterly reporting
43
44 General Fund Revenue Overview
45 • Strong revenue base with minimal Elastic revenues
46 • Property tax revenues is largest revenue source accounting for 71% of Budgeted
47 General Fund revenues; generally Inelastic source of income
48 • Sales tax revenues (Elastic) is next largest accounting for 9.6% of Budgeted General
49 Fund revenues
25
1 • Remaining 20% of revenues consists primarily of Intergovernmental and Charges for
2 Services
3
4 General Fund Revenues Budget versus Actual Comparative Analysis (chart)
5
6 • FY 2015-16 General Fund revenues are in line with historical performance; first quarter
7 normally low due to timing of Property Tax revenues
8 • 1Q FY2015-16 revenues collected are $24.5 million or 11.8% of Budgeted Revenues
9 compared to 12.2% in the prior year
10 • Property Tax revenues collected are $18.7 million or 12.7% of Budgeted Revenues
11 compared to 12.9% in the prior year; Property Tax revenues due September 1; By
12 December collection rate will be high 90 percentile
13 • Sales Tax revenues has shown no remittance activity; the NC Department of Revenue
14 (NCDOR) collects and remits to the local governments by second quarter; our second
15 quarter report will reflect NCDOR distributions
16 • Charges for Services revenues collected are $2.3 million or 21.5% of Budgeted
17 Revenues compared to 21.7% in the prior year
18 • Intergovernmental revenues collected are $3.3 million or 21.8% of Budgeted Revenues
19 compared to 25.2% in the prior year
20
21 General Fund Expenditure Overview
22 • Expenditures are indicated by the Functional Leadership Teams
23 • National Recognition for Strong Fiscal Management of Departmental Budgets (AAA
24 rating reports)
25 • 1Q Spending is consistent with historical levels
26 • Debt Service payments are budgeted in Non-Departmental
27
28 General Fund Expenditures Budget versus Actual Comparative Analysis (chart)
29 • FY 2015-16 General Fund expenditures in line with historical performance
30 • 1Q FY2015-16 expenditures are $50.6 million or 24.4% of Budgeted Expenditures
31 compared with 25.5% in the prior year
32 • Community Service includes Animal Services, NC Cooperative Extension, Economic
33 Development, and Planning and Inspections; spending rate of 22.4% of Budgeted
34 Expenditures is consistent with historical rate
35 • General Government includes Board of Elections, Clerk to the Board, County Attorney,
36 County Manager, Register of Deeds, and Tax Administration; spending rate of 21.4% of
37 Budgeted Expenditures is consistent with historical rate
38 • Education expenditures in line with prior year and represents Current Expenditures, Fair
39 Funding, and Recurring Capital; School Debt Service of$16 million is budgeted in Non-
40 Departmental
41 • Support Services includes Asset Management, Community Relations, Finance, HR, and
42 IT; spending rate of 33.7% reflects payments for workers compensation,
43 bonds/insurance, and IT contracts; consistent spending rate with prior year
44
45 Gary Donaldson said the County has a strong balance sheet and cash flow over the first
46 quarter.
47 Commissioner Jacobs asked if there is any art to when lottery funds are requested.
48 Gary Donaldson said he plans to meet with state officials about this.
49 Paul Laughton, Orange County Finance and Administrative Services, said the amount
50 within the lottery fund is shared with each school system monthly, and when the schools are
26
1 ready to draw down these funds, a budget amendment is brought forth to the Board for the
2 capital project ordinances.
3 Commissioner Jacobs asked if the funds are requested only when the schools express a
4 need, or if funds are requested from the State periodically.
5 Paul Laughton said funds are requested periodically, approximately once a quarter.
6
7 9. County Manager's Report
8 Bonnie Hammersley said the Commissioners have each received a binder tonight with
9 the draft Comprehensive Annual Financial Report (CAFR) audit.
10
11 10. County Attorney's Report
12 NONE
13
14 11. Appointments
15 NONE
16
17 12. Board Comments
18 Commissioner Burroughs had no comments.
19 Commissioner Rich had no comments.
20 Commissioner Jacobs asked the Manager if a letter was going to go to the CHCCS
21 Board about the $2 million surplus in their fund balance.
22 Bonnie Hammersley said a draft a letter will be reviewed with the Chair tomorrow.
23 Commissioner Dorosin had no comments.
24 Commissioner Pelissier said Wake County's transit plan is going to be released
25 tomorrow.
26 Commissioner Pelissier said the Partnership to End Homelessness and Community
27 Empowerment Fund has an integrated services center where departments, such as the
28 Department of Social Services, can have a satellite office at their work site. She said this will
29 allow clients to receive collocated services.
30 Commissioner Pelissier said she attended the Collective Impact Summit, which gathered
31 all the partners in the Family Success Alliance (FSA). She said the FSA is seeking to achieve
32 collective impact, where organizations with a common goal work together in order to have
33 maximum impact on social problems. She said there was a discussion about governance of
34 the FSA, and how the organizations should communicate effectively and make decisions
35 together to best serve the community.
36 Chair McKee said he attended the Orange County Extension and Community
37 Association (ECA) event this past Saturday, and noted that this organization has been going
38 strong for 100 years adapting through historical and cultural changes in order remain relevant to
39 serving the community.
40
41 13. Information Items
42
43 • November 17, 2015 BOCC Meeting Follow-up Actions List
44 • Tax Collector's Report— Numerical Analysis
45 • Tax Collector's Report— Measure of Enforced Collections
46 • Tax Assessor's Report —Releases/Refunds under$100
47 • Memo Regarding Mebane Comprehensive Transportation Plan Project Including the
48 Mattress Factory Road Interchange
49 • BOCC Chair Letter Regarding Petitions from November 17, 2015 Regular Meeting
50
27
1 14. Closed Session
2 NONE
3
4 15. Adjournment
5
6 A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs
7 to adjourn the meeting at 9:55 p.m.
8
9 VOTE: UNANIMOUS
10
11 Earl McKee, Chair
12
13
14 Donna Baker, Clerk to the Board
15
16
17