HomeMy WebLinkAboutAgenda - 11-20-2017 - 8-a - Minutes1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 20, 2017
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S):
Draft Minutes
INFORMATION CONTACT:
Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
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.
November 2, 2017 BOCC Regular Meeting
November 9, 2017 BOCC Work Session
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
Attachment 1 1
2
DRAFT MINUTES 3
BOARD OF COMMISSIONERS 4
REGULAR MEETING 5
November 2, 2017 6
7:00 p.m. 7
8
The Orange County Board of Commissioners met in regular session on Thursday, November 2, 9
2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. 10
11
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, 12
Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich 13
COUNTY COMMISSIONERS ABSENT: 14
COUNTY ATTORNEYS PRESENT: John Roberts 15
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 16
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 17
appropriately below) 18
19
Chair Dorosin called the meeting to order at 7:01 p.m. 20
21
A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to 22
go into closed session at 7:01 p.m. for the purpose of: 23
24
“Pursuant to North Carolina General Statute 143-318.11.(a)(9), “To discuss and take action 25
regarding plans to protect public safety as it relates to existing or potential terrorist activity and 26
to receive briefings by staff members, legal counsel, or law enforcement or emergency service 27
officials concerning actions taken or to be taken to respond to such activity.” 28
29
VOTE: UNANIMOUS 30
31
RECONVENE INTO REGULAR SESSION 32
33
A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to 34
reconvene into regular session at 7:18 p.m. 35
36
VOTE: UNANIMOUS 37
38
1. Additions or Changes to the Agenda 39
Chair Dorosin noted the following items at the Commissioners’ places: 40
- W hite sheets: PowerPoint for Item 6-a 41
- W hite sheets: PowerPoint for Item 6-b 42
43
PUBLIC CHARGE 44
45
Chair Dorosin dispensed with the reading of the Public Charge. 46
47
2. Public Comments 48
49
a. Matters not on the Printed Agenda 50
2
Rob Crook said he is here to speak to the idea of creating a non-motorized 1
corridor in Orange County. He said this would start in Carrboro, and go along Norfolk rail 2
line in the Orange County portion. He said it connects a lot of important points in Orange 3
County, and would provide many recreational opportunities. He said it would eventually 4
tie into Duke, Durham County, and the American Tobacco Trail. 5
6
b. Matters on the Printed Agenda 7
(These matters will be considered when the Board addresses that item on the agenda 8
below.) 9
10
3. Announcements, Petitions and Comments by Board Members 11
Commissioner Jacobs said the JPA/Rural Buffer group met again to prepare its 12
presentation for the Assemblies of Governments (AOG) meeting at the end of November. 13
Commissioner Jacobs said he received a report from the Piedmont Food Processing 14
Center (PFAP), which has 56 users this year. He said there were 34 users last year. He said 15
Wake County is interested in becoming a partner, and perhaps it may be good to have 16
stakeholders from across the Triangle meet together for further discussion about the local 17
agricultural economy. He said he would like to see the process available for local farmers to 18
get food into elementary schools in both districts. 19
Commissioner Jacobs referred to the schools, and said the Manager is working on the 20
metric discussed by the Board of County Commissioners (BOCC) to assess the impact that 21
development in municipalities is having on County services. He said Orange County Schools 22
(OCS) is having difficulty getting a response from the Town of Hillsborough regarding local 23
development, and he asked Bonnie Hammersley to bring this up at the AOG meeting. 24
Commissioner Burroughs said the Board of Health (BOH) has hired a new Orange 25
County Health Director, and she commended the BOH for its commitment through this process. 26
Commissioner Rich said she had her Technology and Telecommunications conference 27
call with the National Association of Counties (NACo) today, and gratitude was expressed for 28
the letter of support from Orange County about broadband. She asked John Roberts to keep 29
an eye on out for a bill that will allow telephone companies to build on local right of ways without 30
compensating the municipality or county for usage. 31
Commissioner Rich said NACo is starting to collect information on census data, and she 32
asked if staff would insure that accurate data is put forward about regional growth. 33
Commissioner Jacobs said the Planning Department is working on revising the 34
numbers. 35
Commissioner Marcoplos referred to Rob Crook’s presentation earlier, and said he 36
thinks the County should pursue this non-motorized corridor. 37
Commissioner Jacobs asked if this is similar to that which was proposed earlier this fall, 38
and referred to the Department of Environment, Agriculture, Parks and Recreation (DEAPR). 39
Commissioner Marcoplos said he thinks it is somewhat similar, but this proposal is along 40
the Norfolk-Southern rail line. 41
Commissioner McKee arrived at 7:31 p.m. 42
Bonnie Hammersley said some of the information came out of the Mountains to Sea 43
(MTS) trail, the modal corridor. She said staff is going to look at a countywide mobility 44
connectivity plan, which would include pedestrian paths, bike paths, etc. She said sidewalks 45
will also be discussed in these meetings, and updates will be provided in the New Year. 46
Commissioner Marcoplos said it would be useful to have Rob Crook come to a meeting 47
to talk about this in more detail. 48
Commissioner Rich said she wanted to make sure this is no way stops the progress on 49
the MTS. 50
3
Bonnie Hammersley said this would be separate from the MTS. 1
Commissioner Marcoplos said he sent an email to the Board about the NC Clean Path, 2
an NCWarn event. He said this will discuss renewable energies, battery technology, etc. He 3
said he met with the presenter last year, and he is very informative. 4
Commissioner Marcoplos said he received two complaints about excessive gunfire 5
noise, and asked if this can be addressed. 6
Chair Dorosin said there will be a discussion on the noise ordinance at an upcoming 7
work session. 8
Commissioner Price said she was asked to talk about the Veteran’s Day Event on 9
November 10th at 11:00 a.m. at Southern Human Services Center, at the Veteran’s site. She 10
said this area is now ADA accessible. She said on that same day, the Sheriff’s Office will be 11
selling BBQ to raise money for the Veteran’s Memorial construction. 12
Commissioner Price said she attended the OCS State of the Schools event, which was 13
excellent. She said it included exhibits from the students, choral performances, dancing, etc. 14
She said the public in attendance was asked to complete a form expressing questions/concerns 15
about the OCS, and how to improve them. 16
Commissioner Price said Orange County needs to move forward on more projects to 17
expand the Family Success Alliance (FSA). 18
Commissioner McKee said he apologized for being late, and had an issue with a 19
newborn calf at his farm. 20
Chair Dorosin said was asked to give the keynote address at the InterFaith Council 21
(IFC) Annual meeting, which was a wonderful event. He said there are many positive things 22
happening in the community, and there needs to be better engagement of those in poverty in 23
community events. 24
25
4. Proclamations/ Resolutions/ Special Presentations 26
27
a. NC Ann Johnson Senior Center of the Year Award – Robert and Pearl Seymour 28
Center 29
The Board joined with Department on Aging staff in accepting the North Carolina Ann 30
Johnson Senior Center of the Year Award for the Robert and Pearl Seymour Center. 31
Brittany Williams, Chair of the N.C. Senior Center Alliance, made the presentation and 32
explained her organization. The Board joined with the Department on Aging, specifically Robert 33
and Pearl Seymour Center staff, to accept the award from the N.C. Senior Center Alliance and 34
the Board recognized staff for their work enabling the senior center to receive statewide 35
recognition. 36
37
5. Public Hearings 38
NONE 39
40
6. Regular Agenda 41
42
a. Award of Southern Campus Expansion Professional Services Agreement 43
The Board considered voting to approve entering into a Professional Services 44
Agreement with Smith Sinnett Architecture of Raleigh, NC for the design and construction 45
administration of the Southern Campus Expansion capital project upon final review of the 46
County Attorney; and authorizing the Manager to execute the Agreement and any subsequent 47
design amendments for contingent and unforeseen design requirements on behalf of the 48
Board. 49
50
4
BACKGROUND: 1
On May 31, 2017, Orange County received responses to its Request for Qualifications (“RFQ”) 2
issued on May 4, 2017 for professional design services for the Southern Campus Expansion 3
capital project in accordance with North Carolina Procurement Law and the Federal Mini-Brooks 4
Act governing the selection and procurement of professional services firms. The site and 5
building components are contemplated to be designed from November 2017 through the spring 6
of 2018 and could be constructed in multiple phases. The design scope for the project involves 7
the straightening of the entrance spine road accessing the Seymour Center and Southern 8
Human Services Center, additional parking areas serving the Seymour Center and the 9
Southern Human Services Center, the Seymour Center space expansion, Southern Human 10
Services Center space expansions for the Orange County Health Department and the 11
Department of Social Services, and an expansion of the Board of Orange County 12
Commissioners’ meeting facility (note Attachment 1, “Project Overview Illustrative”). 13
14
The estimated development timeline for this project is as follows: 15
• Approval of professional services agreement for Project Designer November, 2017 16
• Schematic design review and approval, Probable Cost Estimation Winter, 2017 17
• Final design review and approval, bid document preparation Winter - Spring, 2018 18
• Project Bid process, bid award Spring, 2018 Construction, Commissioning, Opening 19
(est. 8-9 month duration) Summer, 2018-Spring 2019 20
21
Angel Barnes, Capital Projects Manager, made the following PowerPoint presentation: 22
23
Southern Campus Expansion 24
Award of Southern Campus Expansion Professional Services Agreement 25
November 2, 2017 26
27
Purpose 28
• Approve entering into a Professional Services Agreement with Smith Sinnett 29
Architecture of Raleigh, NC for the design and construction administration of the 30
Southern Campus Expansion capital project upon final review of the County Attorney; 31
and 32
• Authorize the Manager to execute the Agreement and any subsequent design 33
amendments for contingent and unforeseen design requirements on behalf of the 34
Board. 35
36
Background/Process 37
• 2014: Board adopted Master Plan for the Southern Campus 38
• 2015/2016: Vision planning process 39
• 2017: Consolidation of Capital Projects 40
• May 31, 2017: Receipt of Professional Design Services RFQ Responses 41
CRA Associates, Inc. 42
Gurlitz Architectural 43
Innovative Design 44
RND Architects, PA 45
RPA Design 46
Smith Sinnett Architecture 47
• Criteria for selection: Experience, portfolio of work, and the staff interview performance. 48
• Negotiated Agreement 49
50
5
1
Key Points 2
• Project Phasing 3
– “Not to Exceed” Service Agreement 4
– Phase 1: Design (Southern Human Service Center, Seymour Center, Campus 5
Site) 6
• Agenda Abstract Page 2 7
– Phase 1: Construction (Seymour Center, Camus Site) 8
• Agenda Abstract Page 2 9
– Phase 2: Construction (Southern Human Services Center) 10
• Attachment 2 Page 3 11
– All Design/Professional Services has been appropriated 12
– Phase 2 Construction is contemplated for construction in year 3 (2019/20) 13
14
Existing Southern Campus Illustrative (aerial photograph) 15
16
Attachment A: Project Overview Illustrative 17
18
Rhonda Angerio, President of Smith Sinnet, continued the PowerPoint presentation: 19
20
Who We Are 21
22
Our History 23
24
Working With Orange County 25
26
Angel Barnes resumed the presentation: 27
28
Purpose 29
• Requesting for the Orange County Board of County Commissioners to approve entering 30
into a Professional Services Agreement with Smith Sinnett Architecture of Raleigh, NC 31
for the design and construction administration of the Southern Campus Expansion 32
capital project upon final review of the County Attorney; and 33
• Authorize the Manager to execute the Agreement and any subsequent design 34
amendments for contingent and unforeseen design requirements on behalf of the 35
Board. 36
37
Commissioner Rich said the BOCC aims to pay all County employees a living wage, and 38
she hopes that Smith Sinnet would do the same, as well as be inclusive and non-discriminating. 39
Commissioner Price asked if the slope of the road will be too steep for some to climb. 40
Rhonda Angerio said this will be managed with the civil engineers and landscape 41
architects to insure code compliance and accessibility. 42
43
A motion was made by Commissioner Price, seconded by Commissioner Rich for the 44
Board to: 45
1) Approve entering into a Professional Services Agreement with Smith Sinnett Architecture 46
of Raleigh, NC for the design and construction administration of the Southern Campus 47
Expansion capital project upon final review of the County Attorney; and 48
2) Authorize the Manager to execute the initial Agreement and any subsequent design 49
amendments for contingent and unforeseen design requirements on behalf of the Board. 50
6
1
VOTE: UNANIMOUS 2
3
b. Facilities Use Policy Amendment for Inclusion of Community Center Facilities and 4
Fee Schedule Changes 5
6
PURPOSE: 7
To consider amending the County's Facilities Use Policy to: 8
1) recognize and govern the recently renovated Cedar Grove, Efland Cheeks and Rogers 9
Road Community Centers; 10
2) update reservation, operations, and cancellation processes; 11
3) update the Fee Schedules for non-Parks and Recreation spaces; 12
4) address the requirement to ensure adequate meeting space for advisory and quasi-13
judicial boards according to the Advisory Board Meeting Overflow Policy, dated 14
November 1, 2016; and 5) update the guidelines regarding the availability and sale of 15
alcoholic beverages on County premises. 16
17
BACKGROUND: 18
On May 17, 2011 the Board of Orange County Commissioners (“BOCC”) approved the County 19
Facilities Use Policy that resulted from the Board's November 2010 review of the 1999 policy 20
draft, BOCC comment, and collaboration consisting of County departmental representatives. 21
On September 4, 2014, the Board of Orange County Commissioners approved the first 22
amendment to this policy that integrated the Whitted Meeting Facilities spaces. 23
24
The proposed second amendment of the Facilities Use Policy (Attachment 1) is a result of a 25
collaborative, inter-departmental work group consisting of representatives of the following 26
departments: Aging, Asset Management Services, Board of Orange County Commissioners' 27
Office, County Manager's Office, County Attorney's Office, Environment, Agriculture, Parks and 28
Recreation (DEAPR), Financial Services, Information Technologies, and the Orange County 29
Library. The review of the Facilities Use Policy was conducted over a period of two years as a 30
result of the 2014-15 Space Study Work Group and end users interested in generally improving 31
the policy in addition to integrating newly available facilities. 32
33
Jeff Thompson, Asset Services Management Director, made the following PowerPoint 34
presentation: 35
36
Facilities Use Policy Amendment for Inclusion of 37
Community Center Facilities and Fee Schedule Changes 38
39
Purpose 40
• To consider amending the County's Facilities Use Policy to: 41
1) recognize and govern the recently renovated Cedar Grove, Efland Cheeks and 42
Rogers Road Community Centers; 43
2) update reservation, operations, and cancellation processes; 44
3) update the Fee Schedules for non-Parks and Recreation spaces; 45
4) ensure adequate meeting space for advisory and quasi-judicial boards according 46
to the Advisory Board Meeting Overflow Policy; and 47
5) update guidelines regarding alcoholic beverages on County premises. 48
49
Background 50
7
• May 17, 2011 - BOCC approved the Facilities Use Policy. 1
• September 4, 2014 - BOCC approved amendment: Whitted Meeting Facilities. 2
• June 20, 2017 - BOCC adopted and executed Community Center operating 3
agreements* 4
– Cedar Grove Neighborhood Association (CGNA) 5
– United Voices of Efland Cheeks (UVEC) 6
*Rogers Eubanks Neighborhood Association (RENA) agreement adopted in 2014. 7
8
2016-2017 - Inter-departmental work group for contemplated policy improvements: 9
Aging 10
Asset Management Services 11
Board of Orange County Commissioners' Office 12
County Manager's Office 13
County Attorney's Office 14
Environment, Agriculture, Parks and Recreation (DEAPR) 15
Financial Services 16
Information Technologies 17
Orange County Library 18
19
2017 - Discussions on Alcohol Policy: 20
Town of Hillsborough: 21
Town Manager’s Office 22
Economic Development Office 23
Police Department 24
Orange County: 25
County Manager's Office 26
County Attorney's Office 27
Aging 28
Asset Management Services 29
Environment, Agriculture, Parks and Recreation (DEAPR) 30
Sheriff’s Office 31
32
Community Center Integration 33
• All Centers are operating and available for rent* 34
• Community Centers are considered Class 6 facilities** 35
o Public purpose event 36
o Private social/recreational event 37
*see abstract pages 16 and 17 of Attachment 1 (clean version) 38
**see abstract pages 7 and 8 of Attachment 1 (clean version) 39
40
Fee Schedules 41
• One fee for residents and non-residents (in Class 6 facilities) 42
• Overall average fees reduced and simplified for County residents** 43
• Continue to recognize the separate Parks and Recreation fee schedule, which have 44
been previously approved by County Commissioners*** 45
46
*see abstract pages 16 through 20 of Attachment 1 (clean version) 47
**see abstract page 23 of Attachment 1 (clean version) 48
***http://www.orangecountync.gov/document_center/DEAPR/parks_and_recreation_faci49
lity_fees.pdf 50
8
1
Operations 2
• All County Facility use extended: 3
– Two hour extension 4
o 7:00 AM - 11:00 PM from 8:00 AM - 10:00 PM 5
– Seven days per week 6
• Lands Legacy Sites procedures remain a separate policy. 7
8
Reservations Adjustments 9
• Now immediately approved with payment. County has 5 business days to rescind 10
reservation* 11
• Can be made up to 180 days prior to the requested date (current policy is 90 days)** 12
• Continuous reservations now accepted (current policy does not allow)*** 13
14
*see abstract page 21, A.1 of Attachment 1 (clean version) 15
**see abstract page 21, A.4 of Attachment 1 (clean version) 16
***see abstract page 21, A.5 of Attachment 1 (clean version) 17
18
Cancellation Processes 19
• Email communication allowed for cancellation* 20
• Full refund of rental fees for written cancellations made at least two weeks prior to the 21
event* 22
23
* see abstract page 22, Section B of Attachment 1 (clean version) 24
25
Advisory Board Meeting Overflow Policy 26
• County Manager’s administrative policy dated November 1, 2016* 27
• Ensures adequate facility access and availability** 28
29
* see abstract page 52, of Attachment 1 (clean version) 30
**see abstract page 22, B of Attachment 1 (clean version) 31
32
Alcohol Use and Sale Policy 33
• Clarify the offering and/or sale of alcoholic beverages on all County owned properties* 34
• County Manager approval required and contingent upon* 35
– Local government jurisdiction; 36
– Local law enforcement jurisdiction; 37
– Proper insurance; and 38
– ABC Permit in case of alcohol sales 39
• Economic Development Office liaison 40
* See abstract page 9, 5.1.3 of Attachment A 41
42
Financial Impact 43
If approved, fee revenue adjustments will be reflected in a future Budget Amendment. 44
45
Recommendations 46
1) recognize and govern the recently renovated Cedar Grove, Efland Cheeks and 47
Rogers Road Community Centers; 48
2) update reservation, operations, and cancellation processes; 49
9
3) update the Fee Schedules for non-Parks and Recreation spaces; 1
4) ensure adequate meeting space for advisory and quasi-judicial boards according 2
to the Advisory Board Meeting Overflow Policy; and 3
5) update guidelines regarding alcoholic beverages on County premises. 4
5
Commissioner Price referred to number 5 in the reservation adjustments, and asked if 6
there could be clarification. 7
Jeff Thompson said one is now able to make a reservation during the rolling 5-day 8
window, if there is availability. 9
Commissioner Price referred to the cancellation policy, and asked if the County keeps 10
the fee if a cancellation is made within 48 hours of a schedule reservation. 11
Jeff Thompson said yes, the County keeps the fee. 12
Commissioner Price asked if there is a reason that the County keeps the fee. 13
Alan Dorman, Management Analyst, said it is important for customers to be aware of the 14
value of the space and to avoid situations where people book the space simply to “hold” it and 15
then cancel without any repercussion. He said the policy allows all of the public the best 16
chance at having a fair use of the space. 17
Commissioner Price asked if the full amount would have been paid, and thus the full 18
amount kept by the County. 19
Alan Dorman said the space can be reserved with full payment, and if a cancellation is 20
made two weeks prior, a full refund will be provided; and within 48 hours of the event, no refund 21
will be received. 22
Commissioner Price said she disagrees with this policy, and would like there to at least 23
be a partial refund at all times. 24
Commissioner Price asked if the alcohol beverage sale form will replace the state 25
permit. 26
Jeff Thompson said no, the form is the one that the County Manager will approve for 27
alcohol sale or use on County property. He said part of this form calls for permits from 28
municipalities, ABC, insurance, etc. 29
Commissioner Price said this seems duplicative of the state permit. 30
Jeff Thompson said the Manager will not approve any events without the State permits 31
being in hand. 32
Commissioner Rich asked if one must have a state permit for alcohol. 33
Jeff Thompson said if one is selling, one must have a retail permit. He said if one is just 34
pouring, one must have liability insurance and a single use permit to pour. 35
Commissioner Rich said she does not need a permit in her work, and suggested that 36
staff review if a single use permit is indeed necessary. 37
Annette Moore, Staff Attorney, said it depends on the amount of alcohol being poured, 38
and there may be an exception in the amount that caterers are allowed to pour. 39
Commissioner Rich said she can use her own liability insurance to cover an event. 40
Annette Moore said Commissioner Rich’s situation is different than having a large event 41
on County property. 42
Commissioner Rich said sometimes it is easier to hire someone that can come in and 43
pour, rather than events getting permits. 44
Annette Moore said staff will be considering all these details. 45
Commissioner Jacobs referred to the last form at the back of the Board’s packet, and 46
clarified that this will be coordinated with Economic Development. 47
Jeff Thompson said yes, this is called out for suggested revision in the policy. 48
Commissioner Jacobs asked if Economic Development will explain to a vendor that the 49
County and Towns may have different rules. 50
10
Jeff Thompson said the person in Economic Development will shepherd this process, 1
and be a liaison for these vendors. 2
Commissioner McKee said he would like assurance of liability coverage for all possible 3
scenarios in order to protect the County. 4
Jeff Thompson said there is a host liquor liability policy, as well as a general liability 5
requirement by the applicant, which the risk manager will have to approve prior to the County 6
Manager doing so, which specifically indemnifies the County. 7
Commissioner Jacobs asked if the largest one-day fee, that one would have to pay to 8
use a county facility, could be identified. 9
Jeff Thompson said most events are not heavily charged. 10
Alan Dorman said $125/hour. 11
Commissioner Jacobs asked what happens if there is a difference in interpretation of 12
the weather, and an event going forward or not. 13
Jeff Thompson said this would be his responsibility, and staff would work with residents 14
for a common sense solution. 15
Commissioner Jacobs asked if he (Jeff Thompson) or the Manager have the flexibility 16
to waive a fee, if there is hardship. 17
Jeff Thompson said yes. 18
Chair Dorosin asked if this policy is for the three community centers. 19
Jeff Thompson said no, the policy is for any County facility that is available for public 20
use. He said the community centers are being added. He said as other properties are made 21
available, amendments will be brought forward to the BOCC to add these spaces onto the 22
policy. 23
Alan Dorman said the Manager has the right to waive/refund all fees due to inclement 24
weather. 25
26
A motion was made Commissioner Jacobs, seconded by Commissioner Burroughs for 27
the Board to amend the County's Facilities Use Policy to: 28
29
1) recognize and govern the recently renovated Cedar Grove, Efland Cheeks and Rogers 30
Road Community Centers; 31
2) update reservation, operations, and cancellation processes; 32
3) update the Fee Schedules for non-Parks and Recreation spaces; 33
4) address the requirement to ensure adequate meeting space for advisory and quasi-34
judicial boards according to the Advisory Board Meeting Overflow Policy, dated 35
November 1, 2016; and 36
5) update the guidelines regarding the availability and sale of alcoholic beverages on 37
County premises. 38
39
Commissioner Price said she would like the policy to charge a minimal administrative 40
fee if a group has to back out at the last moment, since many groups are non-profits. She 41
proposed this as a friendly amendment. 42
Jeff Thompson said public purpose entities are not charged for uses. 43
Commissioner Price said non-profits are charged. 44
Alan Dorman said no they are not and this is more of a charge for people using facilities 45
for weddings; not for non-profits. 46
Commissioner Price withdrew her friendly amendment. 47
48
VOTE: UNANIMOUS 49
50
11
7. Reports 1
NONE 2
3
8. Consent Agenda 4
5
• Removal of Any Items from Consent Agenda 6
None 7
8
• Approval of Remaining Consent Agenda 9
10
A motion was made by Commissioner McKee, seconded by Commissioner Rich to 11
approve the remaining items on the consent agenda. 12
13
VOTE: UNANIMOUS 14
15
• Discussion and Approval of the Items Removed from the Consent Agenda 16
17
a. Minutes 18
The Board approved the minutes from October 17, 2017 as submitted by the Clerk to the 19
Board. 20
b. Motor Vehicle Property Tax Releases/Refunds 21
The Board adopted a resolution, which is incorporated by reference, to release motor vehicle 22
property tax values for two taxpayers with a total of two bills that will result in a reduction of 23
revenue, in accordance with the NCGS. 24
c. Property Tax Releases/Refunds 25
The Board adopted a resolution, which is incorporated by reference, to release property tax 26
values for eight taxpayers with a total of eight bills that will result in a reduction of revenue in 27
accordance with North Carolina General Statute 105-381. 28
d. Applications for Property Tax Exemption/Exclusion 29
The Board considered eight untimely applications for exemption/exclusion from ad valorem 30
taxation for eight bills for the 2017 tax year. 31
e. Substation Use Agreement between Orange County and the Eno Volunteer Fire 32
Department 33
The Board approved a Substation Use Agreement between Orange County and the Eno 34
Volunteer Fire Department to house an Orange County Ambulance at Eno Station #2 located at 35
5501 St. Mary’s Road in Hillsborough. This colocation will improve response times in the 36
northeastern section of the County and will allow for the relocation of the Northside Supervisor 37
Unit to a facility that has appropriate sleeping quarters, and authorize the Manager to execute 38
the agreement upon review by the County Attorney. 39
f. Change in BOCC Regular Meeting Schedule for 2018 40
The Board moved the Tuesday, September 18, 2018 regular meeting to Thursday, September 41
20, 2018 at Southern Human Services Center, 2501 Homestead Road, Chapel Hill. 42
43
9. County Manager’s Report 44
Bonnie Hammersley said there is an update on the affordable housing County-owned 45
parcels of land. She said three proposals have been received, and the group reviewed these 46
on October 23. She said these proposals will be brought to the BOCC on November 20. 47
She reviewed the following items to be discussed at the upcoming work session: 48
49
Projected November 9, 2017 Regular Work Session Items 50
12
• BOCC Boards and Commissions Selection Process 1
• Ordinance Review - Sections to Revise and Repeal 2
3
10. County Attorney’s Report 4
John Roberts said at the November 9th work session the BOCC will look at updating 5
ordinances, and staff will seek direction from the Board of County Commissioners, and updates 6
on the UDO. 7
8
11. *Appointments 9
10
a. Adult Care Home Community Advisory Committee – Appointment 11
The Board considered making an appointment to the Adult Care Home Community 12
Advisory Committee. 13
14
A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to 15
appoint the following to the Adult Care Home Community Advisory Committee: 16
17
• Appointment to second full term (Position #7) “At-Large” position for Yvonne Mendenhall 18
expiring 10/31/2019. 19
20
VOTE: UNANIMOUS 21
22
b. Chapel Hill Planning Commission – Appointment 23
The Board considered making an appointment to the Chapel Hill Planning Commission. 24
25
A motion was made by Commissioner Price, seconded by Commissioner McKee to 26
appoint the following to the Chapel Hill Planning Commission: 27
28
• Appointment to a partial term (Position #1) “ETJ or JPA BOCC Appointee” 29
representative for Katherine Roberts expiring 06/30/2018. 30
31
VOTE: UNANIMOUS 32
33
c. Commission for the Environment – Appointment 34
The Board considered making an appointment to the Commission for the Environment. 35
36
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to 37
appoint the following to the Commission for the Environment: 38
39
• Appointment to a first full term (position #4) “At-Large Biological Resources” for Dr. Bill 40
Ward expiring 12/31/2019. 41
42
VOTE: UNANIMOUS 43
44
d. Hillsborough Planning Board – Appointment 45
The Board considered making an appointment to the Hillsborough Planning Board. 46
47
A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to 48
appoint the following to the Hillsborough Planning Board: 49
50
13
• Appointment to a partial term (Position #1) “Hillsborough ETJ / County” position for 1
Jeffrey Scott expiring 10/31/2019. 2
3
VOTE: UNANIMOUS 4
5
e. Historic Preservation Commission – Appointment 6
The Board considered making an appointment to the Historic Preservation Commission. 7
8
A motion was made by Commissioner Burroughs, seconded by Commissioner Price to 9
appoint the following to the Historic Preservation Commission: 10
11
• Appointment to a first full term (Position #4) “At-Large” for Stephen Peck expiring 12
03/31/2020. 13
14
VOTE: UNANIMOUS 15
16
f. Orange County Parks and Recreation Council – Appointment 17
The Board considered making an appointment to the Orange County Parks and 18
Recreation Council. 19
20
A motion was made by Commissioner Marcoplos, seconded by Commissioner Rich to 21
appoint the following to the Orange County Parks and Recreation Council: 22
23
• Appointment to a first full term (Position #9) “Bingham Township” representative for Tim 24
Tippen expiring 03/31/2020. 25
26
VOTE: UNANIMOUS 27
28
Commissioner Price complimented Gary Donaldson on his first quarter report. 29
30
12. Information Items 31
32
• October 17, 2017 BOCC Meeting Follow-up Actions List 33
• Tax Collector’s Report – Numerical Analysis 34
• Tax Collector’s Report – Measure of Enforced Collections 35
• Tax Assessor's Report – Releases/Refunds under $100 36
• Memorandum - First Quarter FY2017-18 Financial Report- Period Ending September 30, 37
2017 38
• BOCC Chair Letter Regarding Petitions from October 17, 2017 Regular Meeting 39
40
13. Closed Session 41
NONE 42
43
14. Adjournment 44
45
A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to 46
adjourn the meeting at 8:31 p.m. 47
48
VOTE: UNANIMOUS 49
50
14
Mark Dorosin, Chair 1
2
3
Donna Baker 4
Clerk to the Board 5
6
7
8
1
Attachment 2 1
2
DRAFT MINUTES 3
BOARD OF COMMISSIONERS 4
WORK SESSION 5
November 9, 2017 6
7:00 p.m. 7
8
The Orange County Board of Commissioners met for a work session on Thursday, 9
November 9, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, 10
N.C. 11
12
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia 13
Burroughs, Mark Dorosin, Barry Jacobs, Mark Marcoplos, Earl McKee, Renee Price and 14
Penny Rich 15
COUNTY COMMISSIONERS ABSENT: 16
COUNTY ATTORNEYS PRESENT: John Roberts 17
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County 18
Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will 19
be identified appropriately below) 20
21
Chair Dorosin called the meeting to order at 7:05 p.m. 22
Chair Dorosin said he would like to add an item to the agenda for discussion: the 23
Assemblies of Governments (AOG) meeting scheduled for November 16th. He said the 24
Manager received an email request from the Town of Chapel Hill (from the Mayor via the 25
Town Manager) to postpone the AOG meeting. 26
27
A motion was made by Commissioner Rich, seconded by Commissioner McKee 28
to add this item to the agenda and to add it to the beginning of the meeting. 29
30
VOTE: UNANIMOUS 31
32
Chair Dorosin said he received an email via Bonnie Hammersley from the Chapel 33
Hill Town Manager, stating that the Mayor had asked for the AOG meeting to be 34
postponed. He said the Town of Chapel Hill was not ready to discuss some of the items 35
on the draft agenda, such as the Food Council, WASMBA, and the Greene Tract. 36
Chair Dorosin said he had met with the Mayor and the Town Manager, along with 37
the County Manager, in an AOG agenda planning session about these items being on 38
the agenda. He said there were no concerns initially, so he is not sure why this is 39
happening now. He said the purpose of the meeting is to have dialogue, much like a 40
work session. 41
Commissioner Marcoplos arrived at 7:12 p.m. 42
Commissioner Rich said she contacted Town Council Member Greene once she 43
received this email. Council Member Greene said she was taken back about not talking 44
about the Food Council, since it does involve all 4 governments. 45
Commissioner Rich said the Food Council had already started developing its 46
presentation. 47
Commissioner Rich suggested having the meeting, and sending out an invitation 48
to all newly elected officials to attend as well. 49
Commissioner Burroughs said if the Town is not ready to meet, then the Board of 50
County Commissioners (BOCC) should respect that, as it sounds like there are some 51
communication issues. She recommended Chair Dorosin and Mayor Hemminger speak 52
2
and try to figure out why the Town wanted to cancel, and try to find a another date for the 1
meeting. 2
Commissioner Jacobs asked if a substitute date was proposed. 3
Chair Dorosin said no. 4
Commissioner Jacobs said he was ready to meet. He agreed with Commissioner 5
Burroughs that the Chair should speak with the Mayor, but to be respectful of the Town’s 6
request. 7
Commissioner Price asked if other Mayors have provided input. 8
Chair Dorosin said he talked with Mayor Lavelle, who said she would be fine 9
either way; but would not be comfortable having a meeting where there may be a 10
boycott. 11
Commissioner Price said since Chapel Hill is a partner, it would not make sense 12
to have the meeting without them, and to respect the Town’s request. She said she sees 13
no point in a stilted meeting, but she wants to re-schedule. She said she is confused as 14
to why Chapel Hill would not attend and be part of the conversation. She said the 15
purpose of the meeting is dialogue. 16
Bonnie Hammersley said after she forwarded the email to the Chair/Vice Chair, 17
she sent it to the Mayors and Managers of the Towns of Carrboro and Hillsborough. She 18
did not hear back from Carrboro yet, but the Town of Hillsborough said the Mayor was 19
fine with having the meeting or canceling it. 20
Commissioner Rich said she does not think that the full Town Council was even 21
aware of the postponement request from the Mayor. She said the Food Council’s item 22
was time sensitive, and it needs some additional funding. 23
Chair Dorosin referred to the Food Council, and said there is a discussion of it 24
going from an outside agency to a set up like the Partnership to End Homelessness. 25
Bonnie Hammersley said if the AOG does not happen, a budget amendment 26
could be done if necessary. 27
Commissioner Jacobs said if this is a timing issue, then Orange County can 28
address the need, and then address the issue with its partners. 29
Commissioner Jacobs asked Chair Dorosin to challenge the Mayor to come up 30
with a date in the near future, rather than wait until April 2018. He said to add the School 31
Board chairs to the AOG meetings. 32
Commissioner Marcoplos said this meeting has been on the calendar for a long 33
time and effort has been put into planning for the meeting, but it is not the BOCC’s place 34
to order another entity to do anything. He said he can accept the postponement. 35
Commissioner McKee said if the BOCC wanted a postponement, he would expect 36
an accommodation; thus he would like to respect the Town’s request, and try to get 37
another date scheduled. 38
Chair Dorosin said he will follow up with the Mayor of Chapel Hill to see if there is 39
any further information. He said he wants to respect the Town of Chapel Hill, but feels 40
that the postponement request, in and of itself, is disrespectful; especially due to the 41
previous meeting where all, but one, agenda items were discussed and agreed upon. 42
He said if the Town insists on a postponement, he will postpone the meeting. 43
Commissioner Rich asked if the Food Council item could be added to the 44
November 20th regular BOCC meeting. 45
The Board agreed by consensus. 46
Commissioner Jacobs reiterated his request for a specific rescheduled date 47
sooner rather than later, with the inclusion of the School Board Chairs, and anyone else 48
who may want to attend. 49
50
1. Board of Commissioners - Annual Advisory Board Selection Process 51
Discussion 52
3
Chair Dorosin said this issue came up last February, due to an expressed desire 1
to increase diversity and broader participation on boards. He said the policy was not 2
changed, but the BOCC agreed to discuss it at a later time. 3
Chair Dorosin said he proposes the alternative that no board slots are saved at 4
all, and all seats are open. He said in the first round, one cannot pick a board on which 5
one currently serves. He said in all subsequent rounds, the Commissioners could 6
choose freely. He said this would allow Commissioners the opportunity to serve on all 7
manner of Boards. 8
Commissioner Rich said she and Commissioner Marcoplos are on the Chatham 9
Orange Work Group, but it has never met. She asked if it was going to meet. 10
Craig Benedict, Planning Director, said Orange County had been asked by 11
Chatham to delay until September 2017, but staff has still not been given a date when 12
this group will meet. 13
Commissioner Rich asked if two new Commissioners will be assigned to this 14
group, if the first meeting is not being scheduled until January 2018. 15
Craig Benedict said all entities have made appointments, and it could be 16
suggested to start in January. 17
Donna Baker said the Boards and Commissions will be chosen in February, as 18
there is no work session in January. 19
Chair Dorosin said the choices could be made in January at the BOCC retreat. 20
Commissioner Price suggested that Commissioner Marcoplos and Commissioner 21
Rich stay on the Chatham Orange Work group since it has never met. 22
Commissioner Rich said her point is that the BOCC waits too long to assign 23
boards and commissions. 24
Chair Dorosin said he would like to discuss the policy first. 25
Commissioner McKee said some of these boards need continuity, and he is not 26
married to any of the boards on which he serves. He said there is a learning curve on 27
some of the Boards, but he is happy to change any of the boards on which he serves. 28
He asked if there is a goal hoping to be achieved by changing the policy. 29
Chair Dorosin said all of the Commissioners are responsible for everything that 30
the County does, and there is an overreliance of people staying on boards too long. He 31
said the best example is GoTriangle, and the rest of the Board is left under informed as it 32
relies on the one member serving on a board. He said he trusts all the Commissioners, 33
but thinks the Commissioners would be better served by gaining knowledge of many 34
boards, by serving on many types of boards. 35
Commissioner Marcoplos asked if there is a middle path between changing every 36
year, and allowing a Commissioner to serve on one board for years on end. He said he 37
would want Commissioner Jacobs to stay on GoTriangle at this time, but perhaps some 38
other boards could be shuffled around via open dialogue. 39
Chair Dorosin said he believed that his proposal is a middle path. He said not 40
saving positions does not mean that all positions will be shuffled. 41
Commissioner Jacobs said when he joined the BOCC, he was given the board 42
positions of the Commissioner that he replaced on the BOCC. He said there was no 43
choice, but over the years this process has become more open. 44
Commissioner Jacobs said a limit could be placed on how long a Commissioner 45
could be on any board. He said each Commissioner could have one pick, and if one is 46
an officer that could be one’s pick, or not. He said the rest can be negotiated, rather than 47
a round robin, leading to a less formal process. He said there are some arguments 48
about continuity, and when one is up to speed on a board, one becomes a more effective 49
member. 50
Commissioner Burroughs said she is inclined to keep a process, and she would 51
go with the proposed one or a modified version. 52
4
Commissioner Marcoplos said he would put a three-year term limit on positions, 1
and make it retroactive. 2
Commissioner Price agreed that they need a process, and to continue to keep 3
one board (either one of choice, or due to being an officer) for however long. 4
Commissioner Rich said she liked Chair Dorosin’s proposal. She said if the first 5
round is open, it may take care of the term limits. She agreed with having a process. 6
Commissioner Jacobs said he does not feel that strong about any of this. 7
Chair Dorosin said this proposal is forcing the BOCC to do something different. 8
He said if term limits are imposed, it should be two years. He said that ‘no saves’ 9
produces the outcome that Commissioner Jacobs provided. 10
Commissioner McKee said he still does not see a problem, but rather a solution 11
searching for a problem. He said the existing process is good, and term limits would be 12
fine, but he does not know what the problem is. He said this seems like change for the 13
sake of change. 14
Chair Dorosin said he disagrees, and there are people in the same positions for 15
years, which limits the exposure and engagement of other BOCC members. 16
Commissioner McKee said throwing the process wide-open limits the continuity. 17
Commissioner Price agreed with Commissioner McKee. 18
Chair Dorosin said the current process, having one Commissioner potentially 19
serving on the same board for years on end, is not collectively good for Orange County. 20
Commissioner Price said she would like to pick at least one to keep. 21
Commissioner Jacobs said he does not really see what the problem is, but he 22
understands what Chair Dorosin is trying to achieve. He said he would prefer having an 23
option to have a conversation about giving up boards that are picked. 24
Commissioner Rich said part of this conversation was raised by Commissioner 25
Jacobs due to Commissioner Gordon being on the Metropolitan Planning Organization 26
(MPO) for 18 years, which led to the rest of BOCC having no understanding of the MPO. 27
Commissioner Jacobs said he agrees that a Commissioner should not serve on 28
the same board for that many years. 29
Commissioner Rich asked if Commissioner Jacobs is seeking open dialogue, and 30
if this would be effective. She said this current BOCC may be able to talk openly, but not 31
all Boards can. 32
Commissioner Jacobs said if a term limit is added, this problem could be 33
addressed. 34
Commissioner Price asked if there is a reason that the BOCC cannot trade 35
between the work session and the official vote. 36
Chair Dorosin said it should be done in an open meeting in the interest of 37
transparency 38
Chair Dorosin said there are several options, which could be combined: 39
• Option A – His proposed process: wide open in round one; no saves; and pick as 40
you like thereafter. 41
• Option B – keep the current process 42
• Option C – modified current process: one save only (whether an officer or not) 43
• Option D – add term limits 44
• Option E – one save; instead of going around the circle, go down the list of 45
boards to see who is interested. If more than one Commissioner is interested 46
then have discussion or decide via a vote. 47
48
Commissioner Rich said option E could become very personal. 49
Commissioner McKee said he would support option C with the addition of term 50
limits. 51
Commissioner Marcoplos said he agrees, and would want to make the term limits 52
retroactive. 53
5
Commissioner Rich said term limits should be 2 years. 1
Commissioner McKee said to start the term limits anew, not retroactively. 2
Chair Dorosin said the combining of options C and D seems most favorable, with 3
two-year term limits, a round robin process, and collegial conversation. He said option E 4
could be added, but that does not seem well supported by the BOCC. He asked if the 5
Clerk could bring this back for approval and the Board agreed. 6
Chair Dorosin said he wanted to bring up one more housekeeping item: when the 7
Board votes for Chair/Vice Chair in December, it is done via a written ballot that is given 8
to the Clerk; the Clerk reads the votes, but never states who voted for whom. He said 9
he finds this to be inappropriate, and akin to a secret ballot. He said the votes are public 10
record, but he thinks the votes, and who cast them, should be read aloud. 11
Commissioner McKee said it is available to the public as a public record anyway. 12
Chair Dorosin asked if there is a reason that the Clerk should not read this 13
information aloud, as it allows for greater transparency. 14
Commissioner Burroughs agreed with Chair Dorosin. 15
Commissioner Price asked if a written ballot is even necessary, or is a show of 16
hands acceptable. 17
John Roberts said the action will be reflected in the minutes, which is the official 18
record. He said other boards have used electronic voting, which shows up on the video 19
screen of the meeting. 20
Commissioner Price said if the intention is to see who is voting for whom, then 21
there is no need for a ballot; a raising of hands will suffice. 22
Commissioner Jacobs said any changes should be added to a future agenda for 23
a vote. 24
The Clerk will provide an abstract at the November 20th meeting. 25
26
2. Review and Update of Portions of the Unified Development Ordinance and 27
Code of Ordinances 28
29
John Roberts presented each of these items. His recommendations are noted in 30
red: 31
The purpose of this item is to both provide an update to the Board of Commissioners on 32
ordinance amendments that are in process and request direction from the Board on what 33
action to take on ordinances that may be outdated and no longer relevant, not authorized 34
by law, or confusing and burdensome to the public. The County Attorney provided an 35
overview and gave a brief background on the following ordinances for discussion: 36
37
• Unified Development Ordinance 38
• Conditional Use Districts – Update 39
• Number of Land Uses – Update 40
• Major Subdivisions – Update 41
42
• Code of Ordinances 43
• Chapter 1; General Penalties – Request Direction 44
• Chapter 4; Animal Control – Update-Amendment forthcoming 45
• Chapter 6; Insulation Contractors – Repeal recommended 46
• Chapter 10; Cable Communications – Removal from Code recommended 47
• Chapter 16; Noise – Request Direction 48
• Chapter 18; Skateboarding, Animals – Repeal recommended 49
• Chapter 24; Exposure of the Female Body – Repeal recommended 50
• Chapter 34; Solid Waste Management – Update 51
52
6
1
UNIFIED DEVELOPMENT ORDINANCE 2
Conditional Use Districts- Better option (Conditional Zoning) already exists in the UDO; 3
both the North Carolina Bar Association and the University of North Carolina, School of 4
Government has recommended that the legislature repeal Conditional Use District 5
authority for multiple reasons. The legislature is currently working on this. It is unduly 6
burdensome to applicants and County staff. It requires a legislative rezoning AND a 7
quasi-judicial hearing. Everything that may be accomplished in a Conditional Use District 8
may be accomplished through Conditional Zoning. 9
10
• “A conditional use district rezoning is initiated when the owner asks for a rezoning 11
to a new zoning district that does not have any automatically permitted uses, only 12
uses allowed by the issuance of a conditional use permit. In the usual conditional 13
use district rezoning process, the owner applies for a special or conditional use 14
permit for a particular project at the same time the rezoning is requested and the 15
two decisions (the rezoning and the permit) are considered in a single 16
proceeding.” (UNC School of Government) 17
• “This is different from a conditional use district in that there is no accompanying 18
conditional use permit. All of the site specific standards and conditions 19
(sometimes including a site plan) are incorporated into the zoning district 20
regulations.” (UNC School of Government) 21
22
The Board agreed for John Roberts to begin the repeal to planning board and staff. 23
24
Reduce the number of land uses - Planning is currently rewriting the Table of Permitted 25
Uses, so this is the best time to reduce the number of land uses. Examples for cleanup: 26
No need for distinctions between Bed & Breakfast, Bed & Breakfast Inn, Country Inn, 27
Residential Hotel, Rooming House, etc. 28
29
Commissioner Price asked if an Airbnb could go in here. 30
John Roberts said yes it could be here, either within an existing group or as one 31
of its own. 32
Chair Dorosin asked if, referring to his example, there is a difference in all of 33
these, and if the purpose is to have fewer uses and broader definition. 34
John Roberts said yes. 35
Chair Dorosin said an existing Country Inn would still have a category under 36
which it would fall, but it may be a new umbrella term. 37
John Roberts gave the example that bed and breakfast and bed and breakfast inn 38
could be combined into one category with an either/or definitional structure; and country 39
inn, residential hotel and rooming house could be combined into another category with a 40
separate either/or definitional structure. He said these changes will make this easier to 41
read for the applicants. He said every use should be covered as much as possible, but it 42
can be better categorized. 43
44
The Board agreed by consensus for John Roberts to proceed with the amendment. 45
46
GENERAL ORDINANCES 47
48
Chapter 1 49
Penalties- The Board indicated it may not be comfortable with violations of county 50
ordinances resulting in a $500 fine and 30 days in jail. Reducing the penalties here will 51
reduce the penalties for all those ordinances that don’t have a specific penalty included 52
within their terms. 53
7
1
Commissioner Price said her concern with this one is that it sounds like the 2
County is creating a debtors prison. 3
John Roberts said each offense is a separate off ense, and could result in 4
thousands of dollars. He does not think that jail time has ever been imposed. 5
Commissioner Jacobs asked if this has been changed anytime recently, because 6
he thought the BOCC objected previously to a $500 fine, and changed the wording to 7
“not to exceed $500.” 8
John Roberts said some ordinances have individual penalties, and this is the 9
general catchall penalty for the entire ordinance. He said some other individual 10
ordinances specify certain terms. 11
Commissioner Jacobs said all should say up to $500, or 30 days in jail, as this 12
gives the BOCC discretion. 13
Chair Dorosin asked if these penalties always come back to the Board, or only if 14
the offending party decides to make an appeal. 15
John Roberts said these penalties do not come back to the Board unless there 16
was an amendment, and he provided an example of violations of the solid waste 17
ordinance due to a lack of permit, and there was a $500 fine for each day of continued 18
violation. He said this rose to tens of thousands of dollars in fines. He said the case was 19
ultimately settled, permits obtained, and a much lesser amount of fees paid. 20
Commissioner Marcoplos clarified that one could receive a $500 fine and 30 days 21
in jail for putting the wrong type of insulation in a wall, that may have gone unnoticed. 22
John Roberts said this is on here for discussion because the Chief Building 23
Inspector said this ordinance has never been enforced during his 14-year tenure, and it 24
would be difficult to do so due to substantial changes in state law since the ordinance 25
was implemented. 26
Commissioner Marcoplos said what happens to these types of laws. 27
John Roberts said laws remain until they are repealed, and he did not know that 28
this was not being enforced. 29
Commissioner Rich asked if there is a reason to have an ordinance that is not 30
being enforced, or cannot be enforced. 31
Chair Dorosin said this is the point of the discussion, and this specific example is 32
recommended for repeal. 33
Commissioner Price said if this item is going to remain, then the fine should be up 34
to $500 and up to 30 days in jail. 35
John Roberts said that is the general penalty right now, and if the Board wants 36
him to look at other ordinances that do not include “up to” language, he can do so and 37
bring those back as well to repeal or amended. 38
Commissioner Price asked if there is someone responsible for determining 39
penalty or jail time. 40
John Roberts said it depends on the type of offense. He said the department 41
director would determine a civil penalty, and a judge would determine a criminal penalty 42
in the court system. 43
Commissioner Price asked if this is true of jail time as well. 44
John Roberts said a judge, via a prosecution by the District Attorney’s office, 45
always determines jail time, and only in criminal cases. 46
The Board agreed by consensus to change the wording to “up to $500” on all 47
ordinances. 48
49
Chapter 4 50
Animal Control Ordinance- Amend to clearly specify what may be appealed to the appeal 51
panels. Current language is problematic in that it could be construed to allow appeal of 52
items not traditionally subject to appeal. 53
8
1
John Roberts said this amendment will come back to the Board in December or 2
January. He said the current language could be interpreted to allow appeal of every 3
action that the Animal Services Department takes to the hearing pool and the Superior 4
Court. He said this was not the intent of the language. 5
Commissioner McKee asked if one is able to appeal in all cases anyway. 6
John Roberts said one can always sue the County. 7
8
Chapter 6 9
Insulation Contractors Ordinance - Obsolete and no longer enforced. The state building 10
code has been amended substantially since this ordinance was adopted. The state 11
building code now allows contractors to engage numerous alternative compliance 12
methods that circumvent the ordinance. 13
John Roberts said if the BOCC is comfortable with repealing this, he would 14
recommend that division 1 be left in place, with some amending of the language as to the 15
insulation that is put in County buildings. 16
Commissioner Marcoplos clarified that this law would be in place only for County 17
buildings. 18
John Roberts said yes, if the BOCC is interested in this. 19
Commissioner Marcoplos asked if this could be achieved via a contract as 20
opposed to a law. 21
John Roberts said yes it could. 22
The Board agreed to add this language to contracts instead of an ordinance and 23
to repeal the ordinance. 24
25
Chapter 10 26
Cable Communications Ordinance - Governs franchises and thus not appropriate for the 27
Code of Ordinances as franchise ordinances are maintained separate and apart from the 28
Code. John Roberts recommended the Board remove from Code and maintain as a 29
separate franchise ordinance template for possible repeal at a later date. The County’s 30
franchise with Time Warner expired in 2009 and the authority for granting and renewing 31
such franchises was withdrawn by the legislature in SL 2006-151 32
The Board agreed. 33
34
Chapter 16 35
Noise Ordinance - Board members previously indicated the board may wish to amend 36
the noise ordinance. 37
38
John Roberts said Board members have expressed some concerns about this. 39
He said section 16-52 is different from section 16-53, with the difference being that 16-52 40
prohibits specific actions on a property from 9:00 p.m. to 9:00 a.m.…lawn mowers, chain 41
saws, compression engines, etc.; and section 16-53 refers to the decibel measurement 42
restrictions come into play. 43
John Roberts said this item is for Board discussion. 44
Commissioner Rich referred to “unreasonably loud,” and asked if this is 45
considered in the meter measurement on 16-53, or if it is a subjective opinion. 46
John Roberts said unreasonably loud is defined on page 7. 47
Commissioner Marcoplos clarified that if one is more than 300 feet away, then the 48
law is not applicable. 49
John Roberts said yes. 50
Commissioner Marcoplos said a friend, who owns land near him, had another 51
friend who wanted to test a semi-automatic weapon. He said this land is about 300 yards 52
away from his own house, but the shooting sounded as though it were in the back yard. 53
9
John Roberts said the Sheriff reports that regulating firearm discharge is hard to 1
enforce with the way the ordinance is written. He said firearms discharge is specifically 2
exempt from enforcement under this ordinance. 3
Commissioner Burroughs asked if it is exempt from the ordinance due to the 2nd 4
amendment. 5
John Roberts said it was just how the ordinance was written. He said this can be 6
found on page 10, number 17. He said even if the exemption did not exist, the Sheriff 7
reports it would still be difficult to enforce. He said the Sheriff is willing to speak to this 8
matter. 9
John Roberts said it is lawful to regulate firearms discharge though a noise 10
ordinance, but there are restrictions in state law as to how it could be enforced or applied 11
to properties. 12
Commissioner Burroughs asked if the difficulty in enforcement is because of the 13
state law. 14
John Roberts said yes. He said if the exemption were to be removed, the state 15
law says that noise ordinances or nuisance ordinances cannot be applied to sports 16
shooting ranges, if those sport-shooting ranges are in compliance with that ordinance at 17
the time they began operations. He said the definition of a sport shooting range is very 18
vague. 19
Commissioner Jacobs said the Firearms Safety Committee grappled with how to 20
use the ordinance to address noises (gunfire), without impinging on rights to hunt, and he 21
said there were concerns about rapid fire shooting versus target shooting, and time of 22
day shooting. He said this was left unresolved, with the idea that it would come back 23
through the noise ordinance. He said whatever is decided, there should be further 24
discussion, especially as to whether neighbors have a legitimate issue with some 25
impingement on their sense of safety and peace of mind. 26
Commissioner McKee said he is not sure how the interplay would be seen by 27
state law if a small group of people got together to target shoot in a backyard setting. He 28
asked if this would be defined as a sport-shooting range. 29
John Roberts read the definition of sport shooting in the state law, which has not 30
been challenged in court. He said this does not mean one can go into one’s back yard 31
and shoot against a tree. 32
John Roberts said the Board could alleviate some concerns with firearm shooting 33
time limitations. 34
Commissioner Rich said when noise happens the Sheriff’s office checks it out, 35
and by the time they arrive everything has stopped. She asked if it is possible to enforce 36
ordinances. 37
Chair Dorosin that is a common problem with all noise complaints. 38
Commissioner Burroughs said time restrictions aligned with state hunting laws 39
may be worth exploring. 40
Commissioner Marcoplos said what is the neighborly thing to do, and he usually 41
tells his neighbors if he is having a party; and that is what people should do even with 42
shooting. He asked if there is any way to require people to talk to their neighbors. 43
John Roberts said communication cannot be required, but an educational 44
campaign that encourages such communication could be done. 45
Chair Dorosin said a good neighbor campaign could be tried, and perhaps the 46
National Rifle Association (NRA) could help. 47
Commissioner McKee agreed, and it worked with the deer hunting issue, which is 48
greatly improved. 49
Chair Dorosin said there is value to educating residents on the limitations of the 50
State law and the County ordinances. 51
Commissioner Marcoplos said he is totally against involving the NRA, and the 52
County should create its own campaign. 53
10
Commissioner Rich said it is important for residents to move away from the belief 1
that the BOCC is doing nothing about issues about the noise around the Barn. She said 2
the BOCC is listening to the concerns, but there are limits on what the BOCC can do. 3
Commissioner Marcoplos said to have a public neighbor campaign, encouraging 4
residents to communicate with neighbors, and be more cognizant of how actions are 5
affecting their neighbors. He said a large part of this is explaining the limits of the 6
law/ordinance. 7
Chair Dorosin said there appears to be some interest in adding time limitations to 8
gun shooting/practicing. 9
Commissioner Jacobs said it does not hurt to have an education campaign 10
stating, “in accordance with State law on restricting the hours of hunting, Orange County 11
asks that you restrict your shooting to a certain time frame. And if you plan to shoot, 12
please notify your neighbors of what you are doing”. He said a combination of both an 13
educational campaign and time limitations may be wise. 14
Commissioner Rich asked if there is a reason that this did not get resolved during 15
the firearms safety committee. 16
Commissioner McKee said the dialogue at the final meetings was scattered, and 17
an agreement could not be reached. He said as the discussion started to dissolve, it 18
became more acrimonious and personal, with no hope of compromise. He asked 19
Commissioner Marcoplos if there is a reason why he feels so strongly about not involving 20
the NRA. 21
Commissioner Marcoplos said the County can achieve such a campaign on its 22
own without involving the NRA, which only wants to expand the use and sale of guns. 23
Commissioner McKee agreed that the NRA is not interested in expanding 24
regulations, but he found the deer hunting campaign to be far more effective due to the 25
involvement of the NRA. He said he would not want to close the door on the involvement 26
of the NRA. 27
Commissioner Marcoplos said a good neighbor policy should require gun 28
shooters to consult their neighbors, but should also require neighbors to be amenable to 29
the conversation about reasonable times of shooting. 30
Chair Dorosin summarized the agreed upon actions: taking out the exception; 31
time limitations; educational campaign. 32
Commissioner Jacobs said if this comes back to the BOCC, it should be placed 33
as a regular item on an agenda, and not as a consent agenda item. 34
Commissioner Price asked if this discussion only pertains to firearms noise, or 35
does it pertain to all noise, such as a chainsaw, etc. 36
Chair Dorosin said those other items are already in the ordinance. 37
John Roberts said he would look at the time limits for the hunting state laws, and 38
bring forth some options. He said firearm noise would likely be separate from other noise 39
limits. 40
Commissioner Jacobs asked if the Clerk would notify the members of the firearms 41
committee when this item comes back. 42
Chair Dorosin said the Board can see if matching the times limits is important 43
when this item comes back. 44
45
Chapter 18 46
Weapons Ordinance - State law requires certain concealed firearms be allowed in areas 47
the ordinance currently restricts. Need to update definitions and prohibitions to comply 48
with state law. 49
John Roberts said an amendment is forthcoming. 50
51
John Roberts said the next two are related: 52
53
11
Skateboarding Ordinance - Prohibited in facilities use policy. Having it in the Code 1
criminalizes this activity. 2
3
Animals Ordinance - Prohibits dogs in county-owned buildings except in limited 4
circumstances. Allowable circumstances don’t comply with current law. 5
6
John Roberts said the language in the Animals Ordinance is not compliant with 7
Federal law, and the Skateboarding Ordinance is already in the facilities use policy, and 8
having it in the ordinance criminalizes the activity. He said if a criminal action is needed 9
on this activity, it could simply be a trespass. He said the language in the Animals 10
Ordinance is probably unlawful, and there is a provision allowing service animals in 11
County buildings in the facilities use policy. He recommends repealing both of these. 12
Commissioner McKee asked if the Federal law specifically identifies dogs as the 13
only service animal. 14
John Roberts said no. 15
Commissioner Price referred to skateboarding, and admitted she is no fan of it; 16
but she asked if an Olympic sport should be criminalized. She said many cities embrace 17
skateboarding, and the County needs to get with the times to a certain extent. 18
John Roberts said he is recommending repealing the skateboarding ordinance. 19
Commissioner Jacobs said a skate park was once considered for Twin Creeks 20
Park, but this park was never developed. He said it may be a good idea to incorporate 21
this into a County park. 22
Chair Dorosin said consensus is to allow skateboarding, and to comply with 23
Federal law regarding service animals, repealing both ordinances. 24
25
Chapter 24 26
Regulating Exposure of Female Human Body Ordinance - Likely illegal and 27
discriminatory. The Board agreed this should be repealed. 28
29
Chapter 34 30
Solid Waste Management Ordinance - The passage of House Bill 56 may require 31
amendment to the ordinance, particularly with regard to flow control. This may be 32
combined with a previously requested full ordinance rewrite. 33
34
John Roberts said there are many things that can be cleaned up and his office is 35
working on this. 36
37
38
Additional Discussion 39
Chair Dorosin asked if there is an update on the permitted uses table that the 40
BOCC reviewed previously. 41
Craig Benedict said the County must list each item that it wants to prohibit. He 42
said this makes the list bigger, which is not the County’s goal. He said staff is trying to 43
cluster items, and have definitions that cover as many uses as possible. 44
Michael Harvey, Project Coordinator Current Planning, said there is a fine 45
balance, and he is trying to be as inclusive as he can. He said one of the elements 46
associated with this is incorporating comments made by elected officials and the 47
Planning Board from last year concerning the various Economic Development Districts 48
(EDD). He said the table of permitted uses project is not going to consolidate the nine 49
EDDs that currently exist, however consolidation would be a good idea. 50
Craig Benedict said decisions need to be made about the procedures, and which 51
processes are easier and which ones are harder. He said specific uses have to be 52
married to a process. 53
12
Commissioner Marcoplos asked if it is the State which says if a use it not 1
specifically prohibited, then it must be allowed. 2
Michael Harvey said the States wants ordinances to be as inclusive as possible, 3
so that the layman can read and understand them. He said this was reaffirmed by the 4
Bird vs. Franklin State Supreme Court case. He said staff is seeking to assure that 5
viable uses are listed, and identified as permissible or not; or expanding definitions to 6
insure that staff is categorizing independent land uses to avoid the embarrassment of a 7
land owner saying, “It is not listed, so I can do it.” 8
Commissioner Marcoplos asked if such a situation has ever arisen. 9
Michael Harvey said yes, in the Bird vs. Franklin case, which involved a shooting 10
range. 11
Commissioner Marcoplos said that the local government made a mistake. 12
Michael Harvey said yes, and that is why staff is looking at this very carefully. 13
Commissioner Marcoplos asked if there is any recourse that can be taken should 14
a resident come up with a use that simply could not have been predicted, and thus 15
included in the list of prohibited uses. 16
Craig Benedict said the County should not be in interpretive mode, as there is not 17
meant to be a lot of discretion in decision-making. He said if there is a very good 18
definition that seems to cover as much as possible, and staff deems a use as prohibited, 19
the resident can appeal that decision. 20
21
A motion was made by Commissioner Price, seconded by Commissioner 22
Burroughs to adjourn the meeting at 9:34 p.m. 23
24
VOTE: UNANIMOUS 25
26
27
28
Mark Dorosin, Chair 29
30
31
Donna Baker 32
Clerk to the Board 33
34
35
36