HomeMy WebLinkAboutMinutes 09-20-2016 1
APPROVED 10/18/2016
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
September 20, 2016
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
September 20, 2016 at 7:00 p.m. at the Southern Human Services Center in Chapel
Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia
Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny
Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy Manager
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be
identified appropriately below)
Chair McKee called the meeting to order at 7:03 p.m.
1. Additions or Changes to the Agenda
Chair McKee noted the following items at the Commissioners' places:
- Pink sheet: list of Arts Grants Recipients for item 4-b
- Blue sheet: additional information for item 5-b
- PowerPoint presentation for item 8a: Orange County Veterans Memorial
- Revised abstract for 11-b
Chair McKee deferred to Bonnie Hammersley, who introduced Orange County's
new Emergency Services Director, Dinah Jeffries.
Dinah Jeffries thanked staff for their support. She said Emergency Services is
already running and collaboration is going great within the County, as was reflected in
a two-day training this week, which included over 90 participants from a variety of
departments. She said collaboration is a priority, and should be worked towards at an
even higher level than it already exists.
PUBLIC CHARGE
Chair McKee dispensed with the reading of the Public Charge.
2. Public Comments
a. Matters not on the Printed Agenda
NONE
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b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the
agenda below.)
3. Announcements and Petitions by Board Members
Commissioner Jacobs asked if staff would re-examine all of the Table of Uses
for each of the Economic Development Districts (EDD).
Commissioner Jacobs referred to the current acute gas shortage, noting that the
State did not coordinate with our local Emergency Services. He said the leadership of
the North Carolina did not anticipate this, but it should have, as well as communicating
with Emergency Services to insure there are sufficient resources to respond to any
emergencies that may arise.
Commissioner Rich said she agreed with Commissioner Jacobs on the review of
the Table of Uses in the EDDs.
Commissioner Rich asked Dinah Jeffries if she was the only woman in North
Carolina leading this type of Emergency Services.
Dinah Jeffries said yes.
Commissioner Rich and the Board offered congratulations.
Commissioner Dorosin had no petitions.
Commissioner Burroughs had no petitions.
Commissioner Price offered a reminder that prior to the Board's summer break,
she asked if staff would look into making the County websites more accessible to all
residents.
Commissioner Pelissier referred to non-profit funding, noting that Orange County
has always funded operational needs. She said the Board must have a discussion on
whether or not non-profits could apply for capital funding, and if so, what the process
would be.
Commissioner Pelissier said that the Human Service departments have acquired
a lot of data on the transportation needs of their clients, and she would like a
presentation in reference to this. She said some new routes are being implemented,
and this data, as well as staff recommendations, would be useful in optimizing transit in
the County.
Chair McKee said he attended a public information session on the Mountains to
Sea Trail (MST), and one of the major concerns was the usage of imminent domain.
He said the Board of Orange County Commissioners (BOCC) has never mentioned
using imminent domain. He petitioned the County Attorney to research taking imminent
domain off the table as related to MST.
Chair McKee said he read an article today that said the light rail may possibly be
extended to serve North Carolina Central University (NCCU), which he could support.
4. Proclamations/ Resolutions/ Special Presentations
a. "The Nature of Orange" Photography Contest
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The Board recognized the winners, and thanked all participants of"The Nature
of Orange" 2016 Photography Contest.
Lynn Hecht, Department of Environment, Agriculture, Parks and Recreation
(DEAPR) presented the following background, and showed a PowerPoint presentation
containing the winning images.
BACKGROUND: The Department of Environment, Agriculture, Parks and Recreation
(DEAPR) completed its annual photography contest, "The Nature of Orange", in May
2016. The goal of the contest is to inspire exploration, celebration and appreciation of
Orange County's diverse landscapes and outdoor experiences. Photographers help
document the beauty and diversity of our natural resources and our people connecting
to their environment.
Many youth and adults submitted photos. A panel of judges selected first, second and
third place winners from the Youth and Adult divisions. In addition, there were two
Honorable Mention awards per age group since there were so many high-quality
submissions. This year's judges were photographers Laura Branan, Holden Richards
and David Schaub.
Winners received a congratulatory letter, certificate, and a small monetary award.
During the month of August, the photographs were displayed at the Orange County
Public Library and the Chapel Hill/Orange County Visitors Center. They will also be on
display at the Cedar Grove Community Center. In the fall, Cup-A -Joe will have them
featured at their larger, new site just down street from the original site on King Street in
Hillsborough.
"THE NATURE OF ORANGE"
Photography Contest
• 5th annual photography contest
• Photographers help document the beauty and diversity of our natural resources
or show residents enjoying our parks and environment. All photos taken in
Orange County.
• 89 entries (21 Youth and 68 Adult)
• Volunteer judges evaluated photos based on:
— relevancy
— composition/arrangement
— focus/sharpness
— lighting and creativity
The 2016 contest winners are as follows:
Adult winners:
First Place: Thomas Griffin, "Mountain Laurel"
Second Place: Walter Bullock, "Mourning Dove"
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Third Place: Keith Newell, "Blackwood Orange"
Honorable Mention: Latonya Ellison, "Picture Perfect"; Latonya Ellison, "Riverwalk"
Youth winners:
First Place: Sonya Nelson, "Gray Wall Jumper"
Second Place: Caroline Mohler, "Farm Flowers"
Third Place: Shannon Dorsi, "Down the Eno"
Honorable Mention: Caroline Mohler, "Farm Fresh Shitake Mushrooms"; Calin Lucero,
"Pretty Bird"
A motion was made by Commissioner Burroughs, seconded by Commissioner
Price to extend congratulations to all the winners.
VOTE: UNANIMOUS
b. Presentation of Arts Grants to Recipients
The Board presented checks to local arts organizations receiving State
Grassroots Arts Grants, and local artists receiving County arts grant funds, as reviewed
and determined by the Orange County Arts Commission.
Bonnie Hammersley introduced Katie Murray as the new Orange County Arts
Commission Coordinator.
Chair McKee read the recipients, and Commissioner Dorosin presented the
checks:
ORANGE COUNTY ARTS COMMISSION
2016-17 Grant Recipients
Recipient Attendee(s)
ArtsCenter Julie Tomkavick
Jeannette Brossart Jeannette Brossart
Town of Carrboro Recreation & Parks Department Jim Dennis
Chapel Hill Philharmonia John Konanc
Chapel Hill-Carrboro Public School Foundation Lynn Lehmann
El Centro Hispano, Inc. Fiorella Horna
Eno Publishers Elizabeth Woodman
Ephesus Elementary School PTA Elizabeth Portnoy
Estes Hills Elementary School PTA Cynthia Fioretti
Rob Hamilton Rob Hamilton
Hillsborough Arts Council Bill Whitmore
Sheila Kerrigan Sheila Kerrigan
McDougle Elementary School PTA Siobhan Colgan
North Carolina Arts in Action Mary Beth
Carpenter/Marlon Torres
Northside Elementary School Erika Lipkin
One Song Productions Julia Stamey
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Preservation Chapel Hill Tama Hochbaum
Recipients not in attendance:
Extraordinary Ventures
Susan Simone
Mary Carter Taub
c. NCACC Workers' Compensation Pool Safety Award
The Board received the North Carolina Association of County Commissioners
(NCACC) Workers' Compensation Pool's 2016 Safety Award on behalf of Orange
County officials and staff.
Alisa Cornetto, Orange County Risk Manager, introduced with NCACC Risk
Management Deputy Director Charlie Eaton, and Risk Control Manager Bob Carruth.
Alisa Cornetto especially recognized Emergency Services.
BACKGROUND: Orange County has been awarded the NCACC Workers'
Compensation Pool's 2016 Safety Award for having the lowest number of claims per $1
million in payroll in the large county class. The County has been a long-term member of
the NCACC Insurance Pool. In 2013 the County hired a full-time Risk Manager and a
countywide risk management committee was formed. Safety committees have been
activated throughout the county. Through the County's partnership with the NCACC
Risk Pool and the commitment of Orange County employees, the County has seen a
significant decrease in injuries (a 23% drop since 2012).
Charlie Eaton and Bob Carruth awarded Orange County the NCACC Workers'
Compensation Pool's 2016 Safety Award for having the lowest number of claims per $1
million in payroll in the large county class.
5. Public Hearings
a. Approval Pursuant to Internal Revenue Code Section 147(f) of the Issuance
of $6,500,000 Education Facilities Bonds by Carolina Friends School
The Board considered holding a public hearing on the proposed issuance of
Education Facilities Bonds (the "Bonds") in an amount not to exceed $6,500,000 to be
issued by the Public Finance Authority in order for Carolina Friends School (the
"Borrower") to meet the requirements of Section 147(f) of the 1986 Internal Revenue
Code, as amended.
John Roberts reviewed the background below:
BACKGROUND: The Public Finance Authority ("PFA") is a governmental unit of the
State of Wisconsin created for the purpose of issuing tax-exempt and taxable conduit
bonds for public and private entities nationwide. PFA is sponsored by the National
Association of Counties, the National League of Cities, the Wisconsin Counties
Association, and the League of Wisconsin Municipalities. Any debt issued is not debt of
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the County or PFA, but rather is payable solely from debt service payments received
from the Borrower.
The Borrower has asked PFA to issue the Bonds in the principal amount of up to
$6,500,000. The proceeds of the Bonds will be loaned to The Carolina Friends School
to be used to (i) finance and equip a new performing arts center (the "Project"), (ii)
finance a debt service reservefund and (iii) finance certain issuance costs to be
incurred in connection with the Bonds.
Federal tax law requires that tax exempt bonds issued to finance or, in certain
circumstances,
refinance, facilities owned by nonprofit organizations be approved by the elected
legislative body (or highest elected representative) of the governmental unit that has
jurisdiction over the area in which the facility is to be located. Prior to this approval,
Internal Revenue Code Section 147(f) requires that a public hearing be held, at which
hearing the public is given the opportunity to comment on the project.
Because the proceeds of the Bonds will be used to finance and refinance projects
located in Orange County, the BOCC is one of the appropriate governing bodies to
approve the use of tax exempt bonds to finance and refinance the projects for the
purposes of Section 147(f) of the
Internal Revenue Code (the other is Wake County).
The Bonds will be publicly offered by George K. Baum & Company in October. The
Carolina Friends School will promise to repay the principal, premium, if any, and
interest on the Bonds. Neither PFA nor Orange County has any liability for the payment
of principal or interest on the Bonds. The Carolina Friends School will be solely
responsible for repayment of the Bonds. The Bonds shall not be deemed to constitute a
debt of the County or a pledge of the faith and credit of the County, but shall be
payable solely by The Carolina Friends School from the revenues and other funds
provided therefor.
John Roberts said the County will have no responsibility for the Bonds or the
payment or repayment of the Bonds.
The Bonds will not affect the County's debt ratios or legal debt limit. Because no taxes
or other revenues of the County are pledged to pay these bonds, the staff of the County
has made no financial analysis of the Bonds, The Carolina Friends School, or the
Project.
The Carolina Friends School is a private school whose main campus is located at 4809
Friends School Road in Orange County. The Project will be located at this campus. It
enrolls over 510 students. Neither the State of North Carolina nor Orange County
provides revenue to The Carolina Friends School. Private tuition and donations fund its
operations and facilities.
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Jeff Poley, Carolina Friends School, said the school would like to borrow up to
$6,500,000 from the Public Finance Authority in Wisconsin, and these are tax-exempt
bonds.
Commissioner Dorosin asked if this process is administrative/procedural only, in
order to secure the bonds.
Jeff Poley said yes.
Commissioner Dorosin asked if this bond is separate from Orange County's
bond that will be on the ballot in November.
Jeff Poley said it is completely separate, and there are no legal or financial
obligations on the County.
A motion was made by Commissioner Price, seconded by Commissioner Rich to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Burroughs, seconded by Commissioner
Jacobs for the Board of Commissioners to adopt the attached resolution, which finds:
a. That the $6,500,000 in Education Revenue Bonds do not constitute a debt of
the County; nor require a tax levy nor a pledge of the faith and credit of the
County; nor will affect the County's debt ratios or legal debt limit; and,
b. That the County has made no financial analysis of the Bonds or of the
Borrower of the Project; and
c. The County approves, solely for the purpose of assisting The Carolina Friends
School to meet the requirements of the Internal Revenue Code of 1986, as
amended, and Wisconsin law, the issuance of not to exceed $6,500,000 in
Education Revenue Bonds to be issued by the Public Finance Authority for the
benefit of The Carolina Friends School.
VOTE: UNANIMOUS
b. Public Hearing on the 2017 Reappraisal Proposed Schedules of Rules,
Standards and Values
The Board conducted a public hearing scheduled for this meeting on the 2017
Reappraisal Proposed Schedules of Rules, Standards and Values.
Dwane Brinson, Orange County Tax Administrator, presented this item, which is
the second step in the adoption process of the 2017 Reappraisal Proposed Schedules
of Rules, Standards and Values. He referred to the blue sheet and outreach
information, which included social media, etc. on this issue.
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BACKGROUND: As required by North Carolina General Statutes (NCGS) 105-317, the
proposed Schedules of Values (SOV) to be used in conducting the 2017 reappraisal
were submitted to the Board of County Commissioners on September 6, 2016. At that
time, a public hearing was set for September 20, 2016, and notice was duly advertised
in the Durham Herald Sun, the News of Orange and the Chapel Hill News on
September 7, 2016. The proposed Schedules have been available for public inspection
in the Orange County Tax Office, Orange County Clerk to the Board's Office, and on
the Orange County Tax Office website (available at
http://www.orangecountync.gov/departments/tax/revaluation.php) since September 6,
2016.
The public hearing is the second step in a three-step process to adopt the Schedules
that will be used in conducting the 2017 reappraisal. The Board will be asked to adopt
the Schedules at its October 4, 2016 regular meeting. Following adoption, the
Schedules will be appealable to the State Property Tax Commission for thirty (30) days.
The timeline for the 2017 Reappraisal Schedule of Values adoption process is as
follows:
• September 6, 2016: Submission to Orange County Board of Commissioners
• September 7, 2016: Advertise in newspaper
• September 20, 2016: Public hearing on SOV
• October 4, 2016: Adoption of SOV
• October 5, 2016: Publish 1st notice of adoption
• October 12, 2016: Publish 2nd notice of adoption
• October 19, 2016: Publish 3rd notice of adoption
• October 26, 2016: Publish 4th notice of adoption
• November 3, 2016: Last day for taxpayer to appeal the SOV
A motion was made by Commissioner Price, seconded by Commissioner Rich to
close the public hearing.
VOTE: UNANIMOUS
6. Consent Agenda
• Removal of Any Items from Consent Agenda
Commissioner Pelissier pulled item 6-b
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Burroughs, seconded by Commissioner
Rich to approve the remaining items on the Consent Agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
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b. Re-naming of the Orange County Farmers' Market Pavilion to the David
Price Farmers' Market Pavilion
The Board considered a resolution re-naming the Orange County Farmers'
Market Pavilion to the David Price Farmers' Market Pavilion and authorizing the Chair
to sign.
Commissioner Pelissier said she had petitioned the Board to discuss a re-
naming facility policy before bringing this item back.
Commissioner Pelissier said she will vote against this since there is not a policy
in place yet.
Commissioner Dorosin said he felt like the Board had already voted on this
issue, even though it was not unanimous. He said he is looking forward to the policy
discussion, but felt that the request for a discussion arose out of this item coming to the
fore. He said he does not find that this item puts the cart before the horse.
Commissioner Jacobs agreed with Commissioner Dorosin's recollection. He
said there was concern voiced by some of the Farmer's market people, and he and
Chair McKee met with this group, who are now comfortable with this item moving
forward.
Commissioner Jacobs read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION RE-NAMING THE FARMERS' MARKET PAVILION FOR DAVID PRICE
WHEREAS, in 2002, Congressman David Price secured federal grant funds for Orange
County in the amount of $90,000 to help local officials build a shelter for
the Hillsborough Farmers' Market; and,
WHEREAS, the grant funds were used for the construction of the Orange County
Public Market House in the River Park area behind the Orange County
Courthouse in Hillsborough; and,
WHEREAS, Congressman Price continued his efforts to support Orange County and, in
2003, secured funds for Orange County totaling $900,000 from the
Environmental Protection Agency Special Appropriations Grant funds
program for the construction of the Central Efland and North Buckhorn
sewer improvements; and,
WHEREAS, in 2005 Congressman Price secured $500,000 for additional water and
sewer improvements to the Northern Center and the Mebane-Efland
corridor in the economic development district serving the middle school,
soccer complex and the community of Buckhorn Road; and,
WHEREAS, in 2009 Congressman Price assisted Orange County in efforts to secure a
$237,500 Economic Development Initiative grant from the US
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Department of Housing and Urban Development (HUD) to support the
establishment of the Piedmont Food and Agricultural Processing Center
in Hillsborough;
NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners
does hereby recognize Congressman David Price for his steadfast
advocacy for Orange County and his efforts to improve the way of life
for Orange County residents by re-naming the Orange County Farmers'
Market Pavilion to the David Price Farmers' Market Pavilion.
This the twentieth day of September 2016.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich
to adopt a resolution re-naming the Orange County Farmers' Market Pavilion to the
David Price Farmers' Market Pavilion and authorize the Chair to sign.
Commissioner Jacobs said the resolution contains a good rendition of acts
executed by Congressman Price on behalf of the community, but it does not adequately
express how supportive he has been throughout the County in his 20 years of service.
He said he is proud of this tribute, and it is well deserved.
VOTE: Ayes, 5 (Chair McKee, Commissioner Dorosin, Commissioner Rich,
Commissioner Jacobs, and Commissioner Price); Nays, 2 (Commissioner Pelissier and
Commissioner Burroughs)
a. Minutes
The Board approved the minutes from September 6, 2016 as submitted by the Clerk
to the Board.
c. Reimbursement of Fees Paid for Massage Licenses
The Board authorized the Tax Administrator to reimburse massage license fees
collected from individuals to whom the massage license did not apply.
7. Regular Agenda
a. Orange County's Recommendations Regarding Goals for Inclusion in the
North Carolina Association of County Commissioners' (NCACC) 2017-18
Legislative Goals Package
The Board considered approving a Resolution Detailing Orange County's
Recommendations Regarding Goals for Inclusion in the North Carolina Association of
County Commissioners' (NCACC) 2017-18 Legislative Goals Package and authorize
the Chair to sign.
Greg Wilder, Assistant to the County Manager, presented this item, and said the
goal is to provide the NCACC with input regarding its proposed goals for the 2017 and
2018 legislative sessions. He reviewed the background information.
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BACKGROUND: Every two years, the North Carolina Association of County
Commissioners(NCACC) organizes a process to develop a legislative goals package.
The purpose of the package is to develop a consensus of broad support on legislative
goals and issues for matters affecting North Carolina counties that may be addressed
by the North Carolina General Assembly during the next two calendar years. The goals
and issues included in the package, with their broad support, guide and strengthen
NCACC representatives and staff as they converse with individual legislators and
committees on legislative matters.
NCACC began the process to develop its 2017-18 Legislative Goals Package in July
2016. As noted in Attachment 1, North Carolina counties have been asked to submit
proposed legislative goals for consideration for inclusion in the package, with a
submittal deadline of September 23, 2016.
The County's Legislative Issues Work Group (LIWG), including Commissioners Penny
Rich and Mia Burroughs, County Attorney John Roberts, and County Manager's Office
staff, has recently met. The LIWG developed a draft resolution for Board consideration
that outlines several proposed legislative goals for inclusion in NCACC's 2017-18
package. The LIWG's draft resolution is provided at Attachment 2. The Board will
likely want to discuss the draft resolution and possibly add to, delete from, and/or
revise the language of the proposed goals included in the draft.
In an effort to assist the Board in considering possible goals to forward to NCACC, a
copy of Orange County's 2016 Resolution Regarding Legislative Matters (Statewide
Matters) is provided for reference purposes at Attachment 3. This Resolution was
approved by the Board on April 5, 2016 and presented to Orange County's Legislative
Delegation for the 2016 General Assembly Session.
Commissioner Burroughs said the issues listed here are ones the Board has
seen before. She said a few have been updated, and the first two — Broadband and
Raise the Age - have moved to the top, given likely bipartisan support.
Commissioner Rich echoed Commissioner Burroughs comments, and thanked
staff for their support.
Commissioner Jacobs said this package was nicely done, and was updated by
the committee in a timely manner.
Commissioner Price referred to #4: Repeal of House Bill 2 and Expansion of
Protected Classes— Seek statewide legislative action to repeal House Bill 2 and
provide all North Carolina local governments with the authority to include sexual
orientation and gender identity as protected classes in order to protect these classes
from discrimination and discriminatory practices, and asked if this is to allow different
counties the option to consider these groups as protected classes. She asked if the
designation of a protected group applies across the board.
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John Roberts said this is included in the hope that the state assembly will repeal
HB2, and if not, then to grant authority to local governments to include gender identity
and sexual orientation as their own protected classes.
Commissioner Dorosin said in attachment 4, NCACC's goals have 5 priorities,
and referred to #3 PE-4: Seek legislation to repeal the statutory authority under N.C.
G.S. 115C-431(c) that allows local school boards to file suit against a county board of
commissioners over county appropriations for education. He said he does not support
this goal, and school districts need to have tools to insure that children are able to
receive an education.
Commissioner Dorosin said to include language that specifically states that
Orange County does not support#3-PE-4.
Commissioner Dorosin said to add this as an additional item to the resolution.
The Board agreed by consensus to add this to the resolution, and Chair McKee
asked Commissioner Dorosin if he would offer specific wording.
Commissioner Dorosin said to include that Orange County does not support
current NCACC priority PE-4, and does not support the repeal of the statutory authority
pursuant to N.C.G.S 115C-431(c). He said to add in the rest of the language that
allows local school board's to file suit against the County Board of Commissioners over
county appropriations for education.
Commissioner Price said the NCACC has been working on this issue for 2 years,
and asked if the Board is asking them to stop doing so.
Commissioner Dorosin said yes, as members of the NCACC, the BOCC does
not support the position that the NCACC is taking, and request that they change it.
Greg Wilder clarified that the Board's desire is to state that Orange County
opposes legislation to repeal the statutory authority for school boards to sue county
boards.
Commissioner Jacobs said Orange County has been seeking legislative
authority to make sexual orientation a protected class for twenty years.
Commissioner Price said she would prefer to be more proactive, rather than
asking for individual counties to be able to make their own policies. She would like the
State to make them protected classes. She said she would prefer item #4 to say that
the State of North Carolina will include sexual orientation and gender identity as
protected classes in North Carolina, as opposed to counties picking and choosing
whether they want to do so.
Commissioner Dorosin suggested the following wording: Seek statewide
legislative action to repeal House Bill 2 and include sexual orientation and gender
identity as protected classes in North Carolina, or provide all North Carolina local
governments with the authority to include sexual orientation and gender identity as
protected classes in order to protect these classes from discrimination and
discriminatory practices.
Commissioner Price said she would prefer not to have the local option included,
but understands this is a compromise.
Commissioner Dorosin suggested including both, in the hopes of attaining some
forward movement.
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The Board agreed by consensus.
Commissioner Dorosin referred to attachment 3: Bona Fide Farm Use—
Support legislation clarifying the farm use and agriculture exemption of 153A-340 that
restricts local zoning authority applies only to property on which the production of crops
or livestock is the primary use. Clarify that marketing and agritourism activities must be
secondary uses of the property and do not qualify for the exemption in the absence of
the production of crops or livestock. Local governments are seeing an increasing
number of properties that, although they meet one or more criteria for exemption, such
as having a federal farm identification number, are not used for the production of crops
or livestock.
Commissioner Dorosin said Bon fide farm use did not make it into the 22 points
in the resolution, and suggested adding this item given the important role of agriculture
in Orange County.
Commissioner Burroughs said the committee did discuss this item briefly, and
concluded that the topic could not be dealt with. She said it can certainly be added.
Commissioner Dorosin said constituents are expressing concern, and the BOCC
often gives the response that it is constrained by what it can do, due to lack of state
legislation. He said including this item would at least offer residents support, and the
acknowledgment that they been heard by the BOCC.
Commissioner Jacobs agreed, and said the Board supports the diversification
that comes with agricultural enterprise when tourism is included. He said some abuses
may be taking place, and local governments should have a bit more authority to
differentiate between a genuine agricultural use, and a use hiding behind the name of
agriculture.
Commissioner Jacobs asked if staff would look into violations of the County's
open burning ordinance.
Commissioner Pelissier said she agrees in principal with the clarification. She
said she understood that the issuance of a farm ID by the USDA has changed.
John Roberts said the possession of a farm ID automatically exempts a property
from local ordinances, and he has heard that it has become more difficult to obtain a
farm ID.
A motion was made by Commissioner Dorosin, seconded by Commissioner
Jacobs to approve and authorize the Chair to sign the resolution as amended for# 4,
and addition of#22-(which is #26 on attachment 3) and #23, and the repeal of a school
board's right to sue county boards; and direct the Clerk to the Board to forward the
approved resolution, the completed NCACC Legislative Goals Proposal Forms, and
any other related materials to NCACC by the September 23, 2016 deadline.
Commissioner Price said she will vote for this, but does not support the piece
meal way to address sexual orientation.
Commissioner Burroughs said she agreed with Commissioner Price.
VOTE: UNANIMOUS
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8. Reports
a. Veterans Memorial Committee Progress Report
The Board received a report from the Veterans Memorial Committee, and
provided feedback to the group.
Jeff Thompson, Asset Management Services Director, recognized members of
the Veterans Memorial Committee and Veterans in the audience.
Jeff Thompson reviewed the background information.
BACKGROUND: On May 5, 2015 the Board of Orange County Commissioners
approved in principle the siting of a future Veterans Memorial upon the Southern
Campus in accordance with the recently approved Campus Master Plan and authorized
the Manager and staff to participate in the ongoing project planning process. Over the
past several months, the Committee has made progress in conceptual design efforts as
well as initial fundraising initiatives. Members of the Committee will provide a progress
update for the Board and solicit feedback for the process. Members of the Committee
will be available on the proposed site of the Memorial prior to the Board meeting to visit
with members of the public and the Board.
Jim Merritt, co-chair of the Veterans Memorial Committee, thanked Orange
County Commissioners Price and Jacobs for bringing this idea to them, and also
Orange County staff and committee members for working on this proposed memorial.
David Swanson, Landscape Architect, walked the Board through the design,
which will work with the natural surroundings of the property. He said the site is beside
the Southern Human Services Center. He reviewed several slides containing
photographs. He said the site is accommodated with handicapped parking, and has 4
outdoor rooms, each with a theme. He said local building materials will be used in
several elements of the construction.
Commissioner Price acknowledged others that had already left the meeting.
Commissioner Jacobs said there was some discussion of having a dedication
ceremony for the land, on Friday 11/11/16 at 11:00 a.m., and suggested inviting the
class from Stanback Middle School, who contributed to the design process.
Commissioner Price said the dedication will take place on November 11 at 11:00
a.m. She said this will be to dedicate the land and the groundbreaking will take place
at a later date.
Commissioner Rich said this idea was born when she was on the Chapel Hill
Council in 2009. She she said the plans are exciting and the site is a peaceful place.
She expressed support for promoting any fundraising efforts.
A member of the committee said fundraising will begin after this evening, with
the Board's approval.
Chair McKee said the Board offers its full support of fundraising efforts.
Commissioner Price said this is Orange County's memorial in Chapel Hill, and it
has been a collaborative effort by all.
9. County Manager's Report
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There will be a social event on September 22nd with the BOCC and the two
Boards of Education at Blackwood Farm Park from 5:00 p.m. to 7:00 p.m.
Commissioner Price asked the Clerk to the Board if this event would occur rain
or shine. Donna Baker said yes.
10. County Attorney's Report
NONE
11. Appointments
a. Affordable Housing Advisory Board —Appointments
The Board considered making appointments to the Affordable Housing Advisory
Board.
A motion was made by Commissioner Rich, seconded by Commissioner Price to
appoint the following to Affordable Housing Advisory Board:
• Appointment of Holly Fraccaro to Position #1--- "At-Large" position expiring
09/30/2019.
• Appointment of Joshua Brown to Position #3--- "At-Large" position expiring
06/30/2018.
• Appointment of Adrian Moreno to Position #4--- "At-Large" position expiring
06/30/2019.
• Appointment of Narayanan Venkatakrishnan to Position #7--- "At-Large"
position expiring 09/30/2019.
• Appointment of Alex Nickodem to Position #13--- "At-Large" position expiring
06/30/2019.
VOTE: UNANIMOUS
b. Animal Services Hearing Panel Pool —Appointments
The Board considered making appointments to the Animal Services Hearing
Panel Pool.
Commissioner Price said there is a request from staff to move Daniel Ryan from
position 4 to position 6. She asked if it is possible to appoint Gina Hahn into position 6.
Donna Baker said Gina Hahn does not reside in the Town of Hillsborough.
Commissioner Price said Daniel Ryan does not reside in the Town either.
Donna Baker said Daniel Ryan was appointed to a Chapel Hill position
previously, thus has experience on the Board. She said some Chapel Hill applicants
were received, and the Chair and Vice-Chair discussed moving Daniel Ryan to the
Hillsborough slot as he had already been appointed, and no Hillsborough applications
were received.
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Commissioner Price said Gina Hahn is from the northern part of the County, and
she feels it would make sense to allow her to fill the Hillsborough position. She asked if
this were done, would Daniel Ryan have to come off of the Hearing Panel.
Donna Baker said no, that he would return to the Chapel Hill position to which he
was originally appointed.
A motion was made by Commissioner Price, seconded by Commissioner
Pelissier to appoint Gina Hahn to a first full term to Position #6 "Town of Hillsborough"
with an expiration date of 3/31/2019.
Chair McKee said he vote against this motion as Gina Hahn does not reside in
the Town of Hillsborough, and he does support filling positions just to fill them.
Commissioner Dorosin asked if Chair McKee would be in favor of leaving
vacancies open, or doing away with designation of positions. He said he does not
believe it serves anyone to leave the positions vacant.
Chair McKee said he understood Commissioner Dorosin's concern. He said it is
critical to have geographically diverse representation on all boards, and thus he would
prefer leaving positions vacant until applicants come forth. He said this is exactly what
happened with Daniel Ryan. He is not from Chapel Hill and now that there are
applicants from Chapel Hill, he is in the position of needing to be moved.
Commissioner Dorosin clarified that Chair McKee would leave positions vacant
indefinitely rather than filling a position with an applicant from outside the geographic
assignment of the position.
Chair McKee said yes, especially on larger boards, when a vacant seat does not
affect the work of the board.
VOTE: Ayes, 6; Nays,1 (Chair McKee)
MOTION PASSES
A motion was made by Commissioner Rich, seconded by Commissioner
Burroughs to appoint Laurie Smith to a first full term (position #3) "Town of Chapel Hill"
expiring 03/31/2019.
VOTE: UNANIMOUS
A motion was made by seconded by to appoint Dr. Fred Schmid to a first full
term (position #15) "Veterinarian" expiring 03/31/2016.
VOTE: UNANIMOUS
c. Human Relations Commission —Appointments
The Board considered making appointments to the Human Relations
Commission.
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A motion was made by Commissioner Jacobs, seconded by Commissioner Rich
to appoint the following to Human Relations Commission:
• Appointment of Agyei Ekundayo to a partial term in Position #1 — "At-Large"
expiring 06/30/2018.
• #1 — "At-Large" expiring 06/30/2018.
• Appointment of Jessica Aguilar to a first full term for Position #3 — "At-Large"
expiring 09/30/2018.
• Appointment of Timothy McNair to a partial term to Position # 4 "Town of Chapel
Hill" expiring 06/30/2017.
• Appointment of Elizabeth O'Quinn to a first full term in Position #12 — "At-Large"
expiring 06/30/2019.
• Appointment of to a first full term (position #6) "At-Large" for Robin R. Criffield
expiring 09/30/2019.
• Appointment to a second full term (position #7) "At-Large" for Joyce Preslar
expiring 06/30/2019.
• Appointment to a first full term (position #9) "At-Large" for Susie Enoch expiring
09/30/2019.
• Appointment to a second full term (position #10) "At-Large" for Monica Richard
expiring 06/30/2019.
• Appointment to a partial term (position #13) "Town of Hillsborough" for Delvena
Jones expiring 06/30/2017.
• Appointment to a first full term (position #15) "At-Large" for Deborah Stroman
expiring 06/30/2019.
• Appointment to a partial term (position #17) "At-Large" for Jacqulyn Podger
expiring 06/30/2017.
VOTE: UNANIMOUS
Commissioner Pelissier said she had concerns about the large size of this
board, at 18 positions. She said any large board causes concern, since it is sometimes
difficult to fill this many positions.
Commissioner Dorosin said that the Board will discuss various issues related to
boards' and commissions' processes at the November 10th work session, and he asked
the Clerk if she could add this topic to the list.
Donna Baker said she would do so.
d. Nursing Home Community Advisory Committee —Appointment
The Board considered making an appointment to the Nursing Home Community
Advisory Committee.
A motion was made by Commissioner Rich, seconded by Commissioner Price to
appoint the following to Nursing Home Community Advisory Committee:
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• Appointment to a one year training term (Position #11) "At-Large Nursing Home
Administration" position for Dr. Carol Kelly expiring 09/20/2017.
VOTE: UNANIMOUS
e. Orange Unified Transportation Board —Appointment
The Board considered making an appointment to the Orange Unified
Transportation Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Price
to appoint the following to Orange Unified Transportation Board:
• David Laudicina to a first full term (position #2) "At-Large" expiring 03/31/2019.
VOTE: UNANIMOUS
A motion was made by Commissioner Rich, seconded by Commissioner
Pelissier to appoint the following to Orange Unified Transportation Board:
• Donna Munson to first full term in Position #5--- "Eno Township" position
expiring 09/30/2019.
VOTE: Ayes, 6; Nays, 1 (Chair McKee)
A motion was made by Commissioner Rich, seconded by Commissioner Price
to appoint the following to Orange Unified Transportation Board:
• Alyson West to a first full term for Position #13--- "At-Large" position
expiring 09/30/2019.
VOTE: UNANIMOUS
Commissioner Rich said position number 14 had been for a Board of Health
person, however now is simply an "at large" position.
Chair McKee said that is correct.
Commissioner Rich asked if there is anyone to fill this position.
Chair McKee said not at this time.
12. Board Comments
Commissioner Pelissier added to Chair McKee's comments about the Light Rail
possibly extending to NCCU. She said this extension would be a 0.6-mile of additional
line, and the ridership there would be amongst the highest on the entire line. She said
this possible extension grew out of public comments made during the draft
environmental impact statement. She said NCCU is very excited about this possibility.
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Commissioner Price acknowledged Piedmont Electric for the check it recently
gave to the New Hope Fire Department.
Commissioner Price said that early voting information is available on the County
website.
Commissioner Burroughs said the County's election office is very efficient.
Commissioner Dorosin referred to the school collaboration meeting, and shared
some information received about demographics. He said in Chapel Hill-Carrboro City
Schools (CHCCS) the percentage of students eligible to free or reduced lunches has
increased from 17.6% in 2001 to 31% currently. He said Orange County Schools
(OCS) as a district is at 44% free and reduced lunches, with elementary schools at just
under 50%. He highlighted a variety of individual schools' statistics.
Commissioner Dorosin said CHCCS is on the cusp of becoming a majority non-
white school district, and he said it is 50% white as of 2015, compared to 66% white in
2001. He said there are 1200 English language learners in CHCCS, 800 of whom are
immigrants. He said OCS is 20% Hispanic, and 20% of that group is significant limited
English proficiency. He said the need for English-as-a-second-language teachers is
significant. He said teacher recruitment proved to be successful, and CHCCS had only
6 vacancies on opening day, with 1 being a teaching position. He said OCS reports 12
vacancies as of last week, 3 of which were the result of resignations since school
opened.
Commissioner Burroughs said CHCCS has attempted to balance schools by
socio-economic status.
Commissioner Rich said the Community Home Trust is working on their annual
retreat, which will be at the Carolina Inn, with a focus on affordable housing.
Commissioner Rich said the Orange Durham Chapel Hill Work Group met and
discussed the possible light rail extension to NCCU, as well as the affordable housing
aspect around the light rail stops. She said this is an ongoing conversation, and
Durham is land banking to keep affordable housing close to the stops.
Commissioner Rich said Solid Waste Advisory Group (SWAG) met last week,
and got a report on the draft interlocal agreement.
Commissioner Jacobs said he is struck by the Board's silence on the
concentration of reduced and free lunches in one school district. Commissioner Jacobs
asked if this topic could be added to the joint meeting with the schools next week. He
said it is time for a public discussion.
Commissioner Jacobs said the demographics for the region are being reviewed
for the comprehensive transportation plan, and asked staff to get this plan onto an
upcoming agenda. He said thoroughfare plans for the jurisdictions that make up the
Metropolitan Planning Organization (MPO) are also included in this discussion. He
said Chapel Hill, Carrboro and Hillsborough have all adopted plans, but Orange County
never adopted its thoroughfare plan due to the fact that it failed to meet various County
values and goals.
Chair McKee said several Commissioners attended the recent MTS meeting,
which went very smoothly.
13. Information Items
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• September 6, 2016 BOCC Meeting Follow-up Actions List
• Orange County Public Library Strategic Planning Process
• BOCC Chair Letter Regarding Petitions from September 6, 2016 Regular Meeting
14. Closed Session
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich
to adjourn into closed session at 9:02 p.m. for the purposes below:
"Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board
in order to preserve the attorney-client privilege between the attorney and the Board."
"To consider the qualifications, competence, performance, character, fitness, conditions
of appointment, or conditions of initial employment of an individual public officer or
employee or prospective public officer or employee;" NCGS § 143-318.11(a)(6).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Burroughs, seconded by Commissioner
Dorosin to reconvene into regular session at 9:30 p.m.
VOTE: UNANIMOUS
15. Adjournment
A motion was made by Commissioner Dorosin, seconded by Commissioner Price
to adjourn the meeting at 9:30 p.m.
VOTE: UNANIMOUS
Earl McKee, Chair
Donna Baker
Clerk to the Board