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HomeMy WebLinkAboutMinutes - 20030520APPROVED 9/2/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 20, 2003 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 20, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board accepted the following changes: 8-a -Minute corrections from Commissioner Gordon (pink) 5-b -correction (gray) 8-q -revised (aqua) 9 d-1 -revised to include all applicants' resumes (rose) 9-c -addition of budget sheet PUBLIC CHARGE The Board of County Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda John Robinson distributed a letter to the County Commissioners. He said that he met with the DOT officials in Raleigh and they allocated the funds for these streets -Cherry Street, Tanya Drive, and Glenn Street. The local DOT has done all that they can do and they are now at a standstill. Glenn Street has two fences in the right-of-way. One property owner is moving their fence and the other property owner refused to move their fence. He has spoken with County Engineer Paul Thames and Paul Thames spoke with Planner Tom King and Tom King said that the Planning Department had the authority to make the person move their fence. This was three weeks ago. He said that there has been no letter written to the property owner as of last Friday to ask them to move the fence. He found out that Tom King is resigning, so this information is being passed to someone else. He asked that these letters • 2 be sent as soon as possible because DOT is ready to go and the money is there. Also, he said that Tanya Drive is a street that DOT says that everyone must sign for aright-of-way. He has contacted the Attorney General's .office in Raleigh and this part of the road is not on their deed and they are not being taxed on it. He said that some of the neighbors are reluctant to sign a letter for DOT giving up something that they do not even own. He asked who owns the streets. Chair Brown said that she would give this to the County Manager to work with Mr. Robinson. Commissioner Halkiotis asked who was going to write a letter and Mr. Robinson said that he was told that the Planning Department had the authority to write the letter. Commissioner Halkiotis said that he hopes this is resolved quickly and he thanked DOT District Engineer Mike Mills and all of the DOT people for working on this issue. He also thanked Mr. Robinson for his patience. Commissioner Carey said that it sounds like two issues -administrative and legislative. Mr. Robinson said that he spoke to the State and that this area in question is not done right in Orange County. He thinks the problem is within the County. Commissioner Jacobs commended Mr. Robinson for his perseverance. He said that the County Commissioners promoted some legislation with the legislators that would address this issue. John Link asked if Mr. Robinson could join Paul Thames, Greg Wilder, Craig Benedict, and Roscoe Reeves outside now to make sure that everyone is on the same page. Leonor Panigua spoke in Spanish with a translator. She thanked the County Commissioners for a good program to teach her to take care of her child -Families in Focus. She thanked Ms. Casper, who came to visit her at her home. Ms. Casper spoke about the program. She said that this is a program of the Orange County Health Department and she is a family home visitor. Her job is to work with families with their first child and give them support (parent education, information on birth and development, community resources, etc.). This program is open to families that have children from 0-3 years of age. Elliot Cramer read from his handout verbatim. He said that on April 1S`, APS President Pat Beyle spoke to the Board of County Commissioners about a lawsuit and said that their answer to the allegations would come out in the lawsuit. He said that they have filed their answer and their answer is no answer at all. He said that it was an attempt to intimidate him with charges of slander. He said that the evidence was nine statements to the Board of County Commissioners, a poster asking people to come to a meeting of this Board, four letters to editors, two letters to public officials, a newspaper article, and a letter to Laura Walters. He said that he was informed that Laura Walters was entering the suit with claims of slander. He said that everything he has said about APS and Laura Walters is true and well documented. He said that APS is still not cooperating with the Piedmont Wildlife Center, although they have asked the wildlife center to accept wildlife from them without payment. He quoted a statement from Pat Beyle as follows: "The APS Board and staff have dedicated the past five months to revamping our wildlife center and facilities and to reorganizing the wildlife rehabilitation program." He said that this is false. He said that since the Board has a pending request for financial support from the PWC, it might be useful for the Board to visit the APS sanctuary with Pat Sanford as a guide to see what, if any, changes have been made. He thinks that some of the money used for extravagances could be better spent on wildlife. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Jacobs said that Walkable Hillsborough was going to have an event on June 7cn He encouraged everyone to attend. Commissioner Jacobs brought to the Board's attention that a few days after the Board received the State of the Environment report from the Triangle Land Conservancy (TLC); Kate Dixon resigned as Director of the TLC to do other things. He said that TLC has been an excellent partner with Orange County with land acquisitions. He suggested having the Chair write a letter to Kate Dixon on the Board's behalf, or to invite her back and acknowledge her contributions to Orange County. 3 Commissioner Jacobs asked Chair Brown to elaborate on the press conference that she was going to be involved in tomorrow. Chair Brown said that she would explain this when it is her turn to make comments. Commissioner Gordon reported on the recent Transportation Advisory Committee (TAC) meeting. She also welcomed the officials from DOT to tonight's meeting. She said that the TAC discussed some money for the emissions inventory in Orange County and using some of the MPO's direct allocation funds to pay for the bridge over 15-501 to make it longer. Commissioner Gordon said that there was a CHATPEC meeting on May 8th and the recreation committee is coordinating with the educational committee. They have sited three schools and have tried to stay on the side of the creek that the concept plan dictated. Commissioner Gordon reported that on May 14th there was a meeting for all the Boards and Commissions on the comprehensive plan and she attended. She said that there was a mixed reaction to the comprehensive plan. There were some concerns about the process. Commissioner Carey said that he represented the Board at the Chapel Hill-Carrboro City Schools Gold Star Ceremony for outstanding teachers. He commended all of the teachers who received the nomination from their schools. Commissioner Carey encouraged the Board to fill the remaining vacant positions on the Research Triangle Regional Partnership, which is the economic development group that he was recently appointed to. He found that Orange County is not adequately represented on this group. He said that he was struggling to try and present a clear picture of where we want to go in Orange County and this needs to be clarified. Chair Brown said that she went to the Economic Development Commission (EDC) meeting in Orange County and she brought a list of the new non-residential development that has taken place in the County over the last several years. She said that it is an astonishing number added to the tax base. Commissioner Jacobs said that the EDC would be doing an economic development plan for the County in the near future. The County Commissioners will have an opportunity to be involved in this. Commissioner Halkiotis said that he was disheartened that it is going to take until September to investigate the possibility of OWASA and the Solid Waste staffs developing a conservation education program for area hotels. He hopes that it does not take this long to do this. He would like to get the Tourism Board involved in this somehow. Commissioner Carey is the representative on this board. Commissioner Halkiotis said that he is very upset about the tragedy that happened in the County with respect to domestic violence. He made reference to a report issued from the State level that said that 70 women were killed in North Carolina last year by either husbands or boyfriends. He thinks we need an education program to bring it to the attention of the public as soon as possible. He also would like to recognize the school bus driver that went to pick up a child in a wheelchair, heard the gunshots, and got the child on the bus quickly away from the gunshots while the wheelchair lift was still extended. The driver then used her bus radio to call the bus garage, who then called 9-1-1. He would like to highlight and recognize these types of people and he would like to honor this bus driver at one of the Board of County Commissioners' meetings. Commissioner Halkiotis said that last night he received a Board of County Commissioners' packet at 9:45 from a Sheriff's Deputy. He asked that any reports from other departments come to the Manager in a timely fashion so that the Manager's staff is not rushing around. Chair Brown spoke about the press conference that she is attending tomorrow at the capitol. It is concerning the Shearon Harris nuclear power plant and they are going to ask that the State look at the evacuation policy because the existing one is not adequate. It is also to support Shearon Harris on their decision to stop the transportation of high-level nuclear waste to Shearon Harris. She is going to the press conference as a citizen. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Resolution Adopting an Interlocal Agreement with CHCCS for Third High School Site and Project Costs 4 The Board received a report on a draft interlocal agreement between Orange County and the Chapel Hill-Carrboro City Schools (CHCCS) that would formally establish the upper limit of funding that the Board of County Commissioners is willing to earmark for the purchase and development of a site and construction of a proposed third high school; and to approve a resolution transmitting the draft agreement to the Chapel Hill -Carrboro School Board of Education for their comment and consideration. John Link spoke about the attached draft resolution for review. He said that he is not asking the Board to make any recommendations tonight but to wait until after the budget presentations and public hearings and other work sessions to ultimately consider what scope and amount of money to provide for the third high school. Geof Gledhill said that the interlocal agreement has many whereas statements to bring the Board to a point where it could approve the school project for High School #3 as proposed by the CHCCS Board. Important items to look at are that the Board would authorize CHCCS to proceed using eminent domain or otherwise to acquire four tracts of land that are necessary for this school and that the money would be provided by the County for the land. Most importantly, in paragraphs four and five, it lays out the source of the funds for the high school. In addition, the board of education would commit to pay for any overruns in the cost of the school. The County would commit the $27.8 million and the board of education would be responsible for the remaining out of pay-as-you-go funds. Paragraph #6 makes it clear that this settles any dispute about High School #3 and the purchase of the land and the funding of the school. Paragraph #7 provides a termination date for the application of the agreement, which would be the date when all of the debt service payments from the CHCCS pay-as-you-go money have been made to retire the debt. The last paragraph is that the agreement relates solely to High School #3 and does not apply to other aspects of the CIP. Commissioner Halkiotis referred to the blue sheet and said that at the joint meeting with the two school systems, he thought he heard the Chair of the CHCCS Board say that this school site was only going to be suitable for a school that held 1,000 students. He quoted the letter from Superintendent Pederson as follows: "John, regarding your question on the third high school, it was our desire to build a school that was for 1,000 students, expandable to 1,500. We concluded that was not possible within the 182,000 maximum square footage. Therefore, we are designing for 1,000 students without larger facilities to provide for expansion. At the same time, I would say that I don't think the school board has totally given up on the possibility for expansion at a later date on this campus." He said that he was confused and he asked if the site allows for expansion to 1,500 students. Commissioner Gordon said that her understanding is that the site is big enough for 1,500 students but the goal at this point is to build for 1,000 students. Her understanding is that there is sufficient land for 1,500 students. Commissioner Carey said that it is best to ask the school board when they come on the 22nd and to let them know that the Board is going to ask them about this. Geof Gledhill said that everything in the interlocal agreement is related to a 1,000-student high school. It does not eliminate the possibility that the school could be expanded, but the expansion of the high school would not be part of the agreement. Chair Brown asked about the standards for square footage for schools and their expansion. She said that we have always said that we could not expand schools after they have been built because the core facilities are not large enough to allow an expansion. She asked why we are even contemplating this expansion. John Link said that this is only a form tonight to review and to use as an example. He said that they do have construction standards for all levels of schools. The question is what type of school will the County be getting for this amount of money. This question can be communicated to the school board. Commissioner Halkiotis asked about the impact of this school on other capital projects and John Link said that Budget Director Donna Dean has given them enhanced graphs that extends the life of the CIP for ten years and the debt service threshold. There are some decisions to be made by the Board regarding how much debt the County can absorb during the next few years. Chair Brown said that this is a generic agreement but all of the information is filled in and she would feel more comfortable with just a generic agreement defining the amount of a high school. She thinks it would be best to leave out the part about eminent domain. John Link said that this agreement was created only because there is an eminent domain issue at hand on this third high school and the specifics are to be addressed by the Board of County Commissioners after other input from the school board and the public. Commissioner Carey said that the essence of the agreement is in items four and five because it clearly establishes that the school board has to shoulder the cost overage. Commissioner Carey asked about 182,000 square feet and if this is the standard fora 1,000- or a 1,500-student school. Rod Visser said that he remembers that 182,000 square feet is the upper end of a 1,000-student school. Commissioner Jacobs said he feels comfortable looking at this in this form understanding that these are placeholders until we get farther into the process. He suggested referring to the school system by its acronym and every time is should say the "CHCCS" third high school. Also, in the second "whereas", he changed the language as follows: "makes providing timely capacity in the Chapel Hill- Carrboro School district high school level a heightened priority." He said that these are already the County's priorities, but it is heightened because of the SAPFO. He made reference to the issue of expansion and said that he knows that he heard the school board say that this school would be a 1,000- student high school with no expansion. He would like to have some answers because this seems to be a moving target. The County Commissioners need to know what they are agreeing to. Commissioner Gordon said that the attorney has done a good job on the agreement and she agrees with the changes in language by Commissioner Jacobs. She said that her understanding is that the school will be 182,000 square feet and 1,000 students at this price. She said that the school board had wished in the past that the core facilities could be put in for 1,500 students. Commissioner Halkiotis said that he does not necessarily agree with these budgeted amounts in this agreement. His vote will be for the wording of the document only. Geof Gledhill said that he used numbers to make it easier for the Board to consider and the County Commissioners can plug in their own numbers. John Link recommended that the Board not transmit this agreement to the school board until it has had a chance to decide how to address it. b. Orange County Secondary Road Improvement Policy The Board considered adopting a policy for recommending secondary roads to be paved in the North Carolina Department of Transportation (NCDOT) proposed Secondary Road Improvement Program. Planning Director Craig Benedict said that this is an Orange County secondary improvement policy and this policy document is before the actual public hearing. He highlighted some aspects of the resolution, which follows: A RESOLUTION ESTABLISHING ORANGE COUNTY'S POLICY REGARDING SECONDARY ROAD IMPROVEMENT WHEREAS, the North Carolina Department of Transportation (NCDOT) administers the State Secondary Road Construction Program to pave unpaved secondary roads and improve conditions for safe mobility on those roads; and WHEREAS, The Orange County Board of County Commissioners recognizes that maintaining mobility throughout the County is vital to public safety; and WHEREAS, public service providers such as Emergency Management, municipal and volunteer fire departments, and the Sheriff's Department need safe road conditions and connections throughout the County to respond to emergency situations in a timely manner; and 6 WHEREAS, Orange County is committed to the safe transport of school children via school buses traveling on secondary roads through the County; and WHEREAS, Orange County has established aCounty-specific road classification system in the Land Use Element of fhe Orange Counfy Comprehensive Plan that defines arterial and collector roads as more important in terms of carrying major traffic volumes or in making connections between major destinations; and WHEREAS, public roads throughout the County, whether paved or unpaved, are intended for the purpose of providing safe and adequate transportation routes for all citizens and businesses; and WHEREAS, public roads are accessible, and intended for the safe enjoyment of the general public and their service agencies with expectations of a NCDOT standard paved road supported by tax dollars; and WHEREAS, it is the County's interest to promote public safety on secondary roads; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of County Commissioners that the Board will promote paving a secondary road in Orange County, even though adjacent residents may not be supportive, that meets both of the following conditions: 1. Paving the road and making the associated improvements address a safety deficiency identified by users of the road. 2. The road serves an important transportation connectivity function and is designated as an arterial or collector road in the Land Use Element of the Orange County Comprehensive Plan. BE IT FURTHER RESOLVED that the Board will support means to advance such projects to obtain needed right-of-way through provisions given in G.S. 136-44.7(c) with the use of developer fees. In such cases, all affected property owners will be given advance notice of potential improvement of the road with opportunity to comment prior to the vote by the Board of County Commissioners. Commissioner Carey asked why this is before the Board tonight. John Link said that the resolution says that the Board of County Commissioners will support paving of secondary roads (see resolution) with qualifying conditions, even though all of the adjacent residents may not be supportive. Public Comment: Bob Johnson said that this resolution seems to take the concerns of the citizens that live along the road on the back seat. He said that this takes away their say about their road. He lives in a recently paved section of road where no one wanted the road paved. He urged the Board of County Commissioners to turn this resolution upside down and say that the concerns of the citizens that live along this road should be a primary concern. Martha Zimmerman gave her time to Fred Zimmerman. He lives on Arthur Minnis Road. He said that he received information on road improvement tonight and he finds this resolution insulting to citizens that live on this road. He said that this resolution gags citizens in that the Board of County Commissioners will support the paving of the road despite what the citizens want. He said that the residents on this road have come before the Board many times and they thought they had convinced the Board to stay away from it and let DOT and the neighbors resolve it. He said that today he did some time trials on this road. He found that if this section of road were paved, it would save him 41 seconds. This will cost the State $268,000. He said that this State is in a budget crisis and many important programs are being cut, but this paving project will not die. He asked the Board to make the citizens a top priority in this resolution. Commissioner Carey said that he does not agree with all public policy, but the County Commissioners' role is to protect the safety of the citizens. However, this is projecting the Board into an area that it does not have the authority to control. He made reference to the vote on the second page and asked what kind of vote this is because the County Commissioners do not have the authority to vote on the paving of roads. Commissioner Jacobs said this resolution arose out of discussions with representatives of DOT and the developer. They knew they were treading in an area where the Board of County Commissioners usually does not go, but some policies have changed. He said that Arthur Minnis Road has been discussed on and off for 30 years about being paved. He said that it seems to him that it has been the County's default decision to protect the citizens because there were safety concerns that were articulated at first by the residents of the road. Also, this road has a connectivity function that some other unpaved roads do not have. He thinks the intent is to try and bring clarity to a situation where there has been no policy. Another element that came up in this was the possibility of the developer to provide money to pave the road. He thinks there should be a policy to address this. Commissioner Gordon appreciates what Commissioner Jacobs and Commissioner Halkiotis did with talking with neighbors. She said that she remembers that some residents said that if the entire road were paved then it would be all right. She is not quite sure why we need to have a policy and why it has to say, "even though adjacent residents may not be supportive". Commissioner Carey said that this should be sent back for more work to clarify some issues for the public. Commissioner Jacobs suggested deferring this resolution to the public hearing where this will be held. Chair Brown suggested putting this on a work session to work out what kind of policy is needed. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to table this item to the meeting where the Board will act on the Secondary Road Improvement Plan. This is with the understanding that the language will be reviewed. Commissioner Gordon said that there is no meeting. John Link agreed and said that DOT will make decisions on what is paved or not paved and this whole process is to give DOT guidance about what the Board thinks is important. Commissioner Jacobs asked DOT Division Engineer Mike Mills if the Board would have an opportunity to work on the policy before it goes forward. Mike Mills said that once they present the program, they would like to get the resolution then. Commissioner Jacobs said that the problem is if we go away tonight without having any policy, then there has been no feedback or guidance to DOT. Mike Mills said that if Arthur Minnis Road were still on the program, then they would go back and try and get right-of-way. If they do not get right- of-way, they will not pave the road. Commissioner Jacobs verified that the County Commissioners could request that Arthur Minnis Road be taken off the list, and DOT will not pave it. Chair Brown asked Mike Mills about the meeting with the residents of Arthur Minnis Road about a month ago. Mike Mills said that District Engineer Chuck Edwards attended and he deferred to him. NCDOT District Engineer for Orange and Alamance Counties Chuck Edwards said that at the meeting in March, 20 people were in attendance. He said that they showed the proposed plan for the road and they talked about right-of-way issues and how they affect individual properties. They also talked about some of the legislation regarding condemnation. It was an educational meeting. Commissioner Carey asked what this vote was specifically for and Craig Benedict said that this vote is specifically for when they are reviewing subdivisions and the developer contributes to pave the road. Commissioner Carey clarified that the motion is to defer this to make some amendments and vote on this at the same meeting of the vote on the Secondary Road Improvement Plan. Mike Mills said that they would need the resolution tonight. VOTE: UNANIMOUS Commissioner Jacobs said that this resolution was derived from conversations that the Board had at previous meetings. He pointed out that when the Board further discusses transportation issues, there needs to be a separate transportation advisory board for recommendations. c. Resolution Protecting Civil Rights and Civil Liberties and Opposing Portions of the USA Patriot Act The Board considered a resolution to preserve and protect the civil rights and liberties of Orange County residents and to oppose those portions of the USA Patriot Act and any other related Executive Orders that fundamentally alter those rights and civil liberties and to authorize the Chair to sign the resolution. Damon Siles, a member of the Human Relations Commission and the drafter of the resolution, read the resolution. He said that this resolution serves two purposes -one is to reaffirm the County Commissioners' commitment to protect the civil rights and liberties of Orange County citizens and the other is to fight the federal government who is trying to take away their rights. He said that more than 100 other counties, cities, and towns in the country have passed similar resolutions. He said that passing this resolution is the least we can do on this issue. Public Comment: Lucy Lewis spoke on behalf of the Orange County Bill of Rights Defense Committee. She said that people's fears and vulnerabilities have been exploited. She said that she saw that David Price said yesterday in the newspaper that he would like to know of any abuses that have occurred and so far he has not heard of any. She said that with the USA Patriot Act and the Homeland Security Act, so many things are secret, that people do not even know if an abuse has occurred. She urged the Board to pass this resolution. Albert Geiger said that this is a ridiculous act and he is opposed to it. He and his wife feel strongly for the Board to support this resolution. Connie Gates lives on Dairyland Road. She is a member of two churches that have supported the Orange County Bill of Rights Defense Committee. She wants to make sure that her rights are protected. She does not want to live in fear of her government. She encouraged the Board to pass this resolution that opposes the unconstitutional aspects of laws that are being passed by the federal government. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION Regarding the Protection of Civil Rights and Civil Liberties WHEREAS, Orange County is committed to the human rights of its residents and to actions that preserve and protect those rights; and WHEREAS, Orange County is home to a diverse population, including students, working people, and non-citizens,-whose contributions to the community are vital to its character and function; and WHEREAS, the Board of Commissioners is committed to upholding the civil rights and civil liberties of all persons in Orange County and their free exercise and enjoyment of any and all rights and privileges secured by the constitutions and the laws of the United States, the State of North Carolina, and Orange County; and WHEREAS, actions taken by the federal government, including the adoption of sections of the USA Patriot Act and several Executive Orders, now threaten those fundamental rights and liberties, including freedom of speech, assembly, and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the Constitutions of North Carolina and the United States; and WHEREAS, the Executive Branch of the United States government has drafted a "Domestic Security Enhancement Act" (also known as the "USA Patriot Act II"), which would further 9 undermine those rights and liberties by expanding the government's surveillance authority; by allowing the sharing of sensitive personal information with local and state law enforcement agencies without consent or judicial process; and by authorizing secret arrests and detentions of persons not criminally charged. NOW, THEREFORE, the Orange County Board of Commissioners does hereby resolve: Section 1. That we encourage our state and federal legislative delegations to monitor the implementation of the USA Patriot Act and the Executive Orders cited herein and to work actively for the repeal of those portions of the Act and those Orders that violate the rights and liberties guaranteed by the Constitutions of North Carolina and the United States. Section 2. That we encourage our state and federal legislative delegations to work actively against adoption of the Domestic Security Enhancement Act cited herein and against any legislation or Executive Order that would undermine residents' fundamental rights and liberties. Section 3. That we encourage local law enforcement agencies to continue to preserve residents' freedom of speech, religion, assembly, and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon those rights by federal law enforcement under powers granted by Acts or Orders cited herein. Section 4. That we encourage federal and state law enforcement officials acting within Orange County to work in accordance with the policies and procedures of and in cooperation with local law enforcement and to not engage in racial profiling or permit detentions without charges. Section 5. That this resolution be forwarded to our state and federal legislative delegations on behalf of the residents of Orange County. This the 20th day of May, 2003. VOTE: UNANIMOUS Commissioner Jacobs said that one of the saddest days was September 11th, but part of the sadness is compounded when the government is undermining what we stand for and what the people tried to attack. The resolution will be forwarded to the State and Federal legislators. 6. SPECIAL PRESENTATIONS a. Program Report on the Central Orange Adult Dav Health Center Initiative. The Board received as information a Special Progress Report on the Central Orange Adult Day Health Center Initiative: Development and Operation. Chair of the Advisory Board on Aging Florence Soltys referred to the report on the Day Health Center that opened on March 6th. There are now seven participants in this program. She introduced Steve Reddick, who put together the plans and is serving as Director of the program. She recognized the organizations that have supported the program. She said that she recognized that this is not to be an ongoing request of support from the County. This will be back to the Board in June requesting that the Board allow them to move ahead with anon-profit corporation. Commissioner Gordon asked how people were transported to the facility. Florence Soltys said that if the person does not have transportation, the Orange County transit system is picking them up. 7. PUBLIC HEARINGS a . Proposed Orange County 2003-2004 Secondary Road Improvement Program 10 The Board received public comment on the Orange County 2003-2004 Secondary Road Improvement Program proposed by the North Carolina Department of Transportation (NCDOT). Mike Mills, Division Engineer for DOT, introduced his staff -Mike Cowan, Deputy Division Engineer; Tommy Dyer, Division Maintenance Engineer; Chuck Edwards, District Engineer; and John Howell, County Maintenance Engineer. He said that the anticipated amount for this program is $1,432,536.50. He explained the list of roads on the program. There is a total of 8.58 miles, for a total of $1,388,000. The contingency fund is $44,536.50 for cost overruns, minor safety improvements, etc. The program is subject to availability of funding, right-of-way, and environmental and historical review. Commissioner Gordon verified that only number three -Arthur Minnis Road -does not have right-of-way available. Commissioner Halkiotis asked how many miles of unpaved roads were left in Orange County now and Mike Mills said about 26 miles, including this program. Commissioner Jacobs asked if this completes the paving of Lawrence Road and Mike Mills said yes. Public Comment: Fred Zimmerman said that if the County Commissioners vote to add Arthur Minnis Road to the list then that means that the Board wants it paved. If the Board votes no, then DOT will not seek further right-of-way there and will back off. He said that if the Board votes for this road, then it would be a vote against the wishes of its constituents' concerns. He said that he does not know of any safety problems now on this road and paving will increase traffic and speed. He believes that the road is safer now than it would be if it were paved. He made reference to Commissioner Cordon's comment about removing the offensive statement from the resolution and said that his reaction is that everyone knows that this statement is a guiding principle of the policy and there would be a less candid policy that calls for the same criteria as before. He said that he would not bother coming to a meeting to speak to the Board if he knew that it was operating under a policy that said that it was not going to consider his viewpoint. He asks that the Board remove Arthur Minnis Road from this list. Sam Fudge said that he has opposed the paving of this road since 1973 and they have had very few accidents and it is not a dangerous road. He asked that the money be given to Ormond Road, which is not completely funded. Bob Johnson said that there are no right-of-ways on Arthur Minnis Road. There are only 26 landowners on this section of road and only three want it paved. He said that it does not make sense to put this road on the paving program. Roberta Marshall said that she would like to see the road paved and she does have safety concerns. She has owned property for 20 years and she lives farther down the road. As you approach her house, there is an S curve and when there is moisture that section of the road stays wet. Several times a year someone's car falls off the road on the S curve but there have been no serious injuries. While the cars are off the road, they are in a blind section of the road. She said that speed is still a problem even though the road is not paved. She said that the problems with the right-of-way are at the extreme ends of the road. She said that those that are opposed to the paving do not drive her section. She is supportive of changing the language in the resolution to be more neutral. Chair Brown asked Ms. Marshall if she has given right-of-way to DOT and she said yes. Commissioner Halkiotis asked Bob Johnson if, at one time, he was supportive of paving the entire road. Bob Johnson said that he made a statement that if safety was the only concern -then pave all of it or pave none of it. He was pointing out that it was a stupid idea to pave only 800 feet and not the whole road. Commissioner Halkiotis told Mr. Zimmerman that the Board of County Commissioners did look into safety issues. He thanked the staff from DOT who were very flexible in working with the owner of the horse farm in protecting the fence. He said that one day this road would be paved. He would support taking this money and putting it towards another road. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS 11 Commissioner Carey asked that Chair Brown and John Link bring this back with a revised resolution. He agrees with the substance of the resolution and he will support it with some changes. He thinks this and the plan should be back on the agenda as soon as possible. He thinks Arthur Minnis Road should be left on the program. Mike Mills said that DOT could have a resolution in support of all of the other roads except Arthur Minnis Road. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to bring this item back at a June meeting. VOTE: UNANIMOUS b. Annual Public Housing Agency (PHA) Plan -Section 8 Housing Program The Board conducted a public hearing and considered submission of the Annual Public Housing Agency (PHA) Plan for the Orange County Housing Authority and to authorize the Chair to sign the Certification of Compliance/Board Resolution of behalf of the Board. Housing and Community Development Director Tara Fikes said that this plan was originally approved in January 2001 and HUD requires that the plan be updated every year. This plan is not substantially different than what was presented last year. There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to close the public hearing. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign the Certification of Compliance/Board Resolution on behalf of the Board. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved (with corrections as submitted by Commissioner Gordon) minutes from the following meetings: March 5, 2003- Work Session with the Board of Health; April 1, 2003- Regular Meeting; and April 14, 2003 BOCC Joint Meeting with the School Boards. b. Appointments (1) Agricultural Preservation Board The Board reappointed Tony Kleese, Rodney Recor, and Noah Ranells to the Agricultural Preservation Board with a term expiration date of June 30, 2006. (2) Advisory Board on Aging The Board reappointed Mildred Council and Mariah McPherson to a second term to the Advisory Board on Aging with a term expiration date of June 30, 2006. (3) OWASA The Board reappointed Mark Marcoplos to OWASA for a second term with a term expiration date of June 30, 2006. c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated herein by reference, related to 102 requests for motor vehicle property tax refunds. d. Audit Contract for the June 30. 2003 Fiscal Year The Board awarded a contract to Cherry, Bekaert & Holland, Certified Public Accountants, for the provision of audit services for the fiscal year ending June 30, 2003, and authorized the Chair to sign the contract. e. Child Support Attorney Contract This item was removed and placed at the end of the consent agenda for separate consideration. f. Budget Amendment #12 12 This item was removed and placed at the end of the consent agenda for separate consideration. g: Pyrotechnics Approval -Blue Cross Blue Shield Family Dav The Board approved a pyrotechnics permit for Blue Cross/Blue Shield Family Day 2003, on Saturday, June 7, 2003, contingent upon final approval of the set up by the Emergency Management Director or his designee. h. Approval of the Orange/Chatham Boundary The Board approved the map and boundary description submitted by the North Carolina Geodetic Survey, for Orange County and Chatham County, and authorized the staff to submit them for approval by the North Carolina General Assembly. i. Decision on Proposal to Extend Annexation Time Limits in the Joint Planning Agreement The Board adopted the proposed amendment to extend annexation time limits in the Joint Planning Agreement for a twenty year period from the date of execution of this Addendum (until June 24, 2023). L Contract Renewal -Peoples Channel The Board approved the renewal of a contract with the People's Channel for videotaping County Commissioner meetings for fiscal year 2003-2004 at a cost of $950 per meeting, and authorized the Chair to sign on behalf of the Board. k. Lease Renewal -Community School for People Under Six The Board approved afive-year lease renewal for space to be used as a daycare at the Northside Center, Chapel Hill by Community School for People Under Six; and authorized the Chair to sign on behalf of the Board. I. Lease Renewal -Alliance for Historic Hillsborough for Dickson House This item was removed and placed at the end of the consent agenda for separate consideration. m. Lease Renewal -Carr Mill Mall This item was removed and placed at the end of the consent agenda for separate consideration. n. Lease Renewal -Walnut Grove Solid Waste Convenience Center The Board approved the renewal of the lease for the period of July 1, 2003 through June 30, 2008 at a cost of $300 per month for the Solid Waste Convenience Center located on Walnut Grove Church Road and authorized the Chair to sign on behalf of the Board. o. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved the requests to add three (3) roads in Orange County subdivisions to the State-Maintained Secondary Road System. ~ Report from the Joint Orange Grove Road Transportation Group The Board approved recommendations of the Joint Orange Grove Road Transportation Group (JOGRTG) as stated in the JOGRTG Report and Access Management Plan; and authorized staff to pursue actions to implement the recommendations. q; Orange County/Hillsborough Courtesy Review Agreement This item was removed and placed at the end of the consent agenda for separate consideration. r. Stream Classification Amendments This item was removed and placed at the end of the consent agenda for separate consideration. s. Whitted Human Services Center Renovation -Authorization to Contract for Environmental Remediation This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: 13 e. Child Support Attorney Contract The Board considered contracting with Coleman, Gledhill, Hargrave and Peek to provide legal representation for the Child Support Office, and to authorize the Chair to sign the contract. Commissioner Carey would like to know if Jane Sparks has looked into the issue beyond what her note indicated. Jane Sparks said that she is satisfied with the conduct of the attorney and the courts. John Link said that he spoke to the gentleman, Karl Rabe, who was signed up to speak to this item. He had to leave about 9:00 p.m. Commissioner Carey said that he finds this hard to believe also and we need to research the facts. He feels comfortable if the staff has looked into it enough. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the contract and authorize the Chair to sign. VOTE:UNANMOUS f. Budget Amendment #12 The Board considered approving the budget ordinance and capital project amendments for fiscal year 2002-2003. Commissioner Gordon said that she wants to finance the Northern Human Services Center project in a way to save a little bit of money which could be put to the rest of the NHSC project. She made reference to page five, Transfer from General Fund, and suggested saving the payment-in-lieu and instead take $15,000 from the County Commissioners' contingency, of which there is over $35,000 left. Commissioner Jacobs said that this is a broader decision and the Board might want to put $15,000 towards one of a number of other projects. Chair Brown suggested approving items 1-3 and to bring #4 back as a discussion item. Rod Visser suggested approving this capital project ordinance and bring it back for amendment or to change the revenue sources. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the budget ordinance and capital project ordinances for the Department on Aging, Environment and Resource Conservation, and Miscellaneous with the understanding that they can be brought back for amendment of the revenue sources. VOTE: UNANIMOUS I. Lease Renewal -Alliance for Historic Hillsborough for Dickson House The Board considered athree-year renewal of the lease with the Alliance for Historic Hillsborough for the Dickson House and associated property and outbuildings for the purposes of continued operation of the Visitor's Center; and authorizing the Chair to sign on behalf of the Board. Commissioner Gordon said that the Alliance does not have sufficient funds to pay and that Orange County will be picking up about $30,000 for this. She wants this to be recognized. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve a lease with the Alliance for Historic Hillsborough for the Dickson House, property and associated outbuildings through June 30, 2006; and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS m. Lease Renewal -Carr Mill Mall The Board considered renewing the lease with Carr Mill Mall for a period from July 1, 2003 through June 30, 2008 for use by the Health Department Dental Clinic and the Public Defender's Office; and authorizing the Chair to sign on behalf of the Board. Commissioner Jacobs asked about the square footage rental and how this might compare to adding space for dental services at Southern Human Services Center. Purchasing and Central Services Director Pam Jones said that the square footage is $17.27 per square foot. This is a full service lease and they take care of cleaning and insurance. The amount of debt service that the $96,000 worth of rent would support is approximately $900,000. This amount would build around 5,000 square feet. 14 Commissioner Jacobs said that he has heard some regret that dental facilities were not added to the Southern Human Services Center. He asked that when the staff discusses the CIP, that they look at the possibility at the end of the five-year lease having our own dental facilities at the Southern Human Services Center. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the lease renewal for Carr Mill Mall space as presented and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS ~ Orange County/Hillsborough Courtesy Review Agreement The Board considered a revised courtesy review agreement with the Town of Hillsborough. Commissioner Jacobs said that he thought that before Hillsborough was asked to reserve the utility capacity, this was where the joint meeting was supposed to be held. This is not reflected in this process. He asked that this be brought back so that this process is clear. Also, there are two senior housing projects within the County's jurisdiction, both of which have asked for annexation. The Board has never had an opportunity to comment on these. He would like the Board to look at these two projects, Waterstone, and The Preserve sometime before Hillsborough makes a decision. John Link said that the staff could put these on the agenda. There might need to be a special meeting for this. Chair Brown suggested having regularly scheduled joint meetings with Hillsborough. Commissioner Gordon asked for some sort of black lining so that she can tell what was changed. The staff will come back with some suggestions for joint meetings with Hillsborough. This item was deferred. r. Stream Classification Amendments The Board considered closing the Public Hearing and making a decision regarding the proposed Stream Classification Amendments to the Zoning Ordinance. Commissioner Gordon made reference to pages five and seven and asked about method A. Craig Benedict said that method A is referenced in another part of the code about taking cross sections of the stream every 250 feet. It is an existing process about how to calculate stream buffer widths based on the slope of the banks. Commissioner Gordon asked that this be referenced. Commissioner Gordon asked about the 65-80-fopt buffers. Craig Benedict said that the 50- foot requirement applies to areas that are not in protected watersheds. The 65-80-foot buffers is where there are slopes 7.5% or greater. The amendments have nothing to do with increasing stream buffers, but identifying streams on soil and water maps. Commissioner Gordon said that there is a reference to someone being able to ask for a variance in case the entire property would be taken by these rules. Craig Benedict said that a variance could be requested down to the minimum that the State requires. In some cases, we exceed the minimum buffer requirements of the State, which is 30 feet. Commissioner Gordon is concerned that someone's lot could be made unbuildable. Geof Gledhill said that there are two levels of variance. A property owner could even go beyond 30 feet if the application of the dimensional requirement would cause a taking of the property. The principle focus of this is to guide the development of land and not to take any lots. Commissioner Jacobs said that a lot of clarification could be achieved if there was a statement that, "under existing rules...." A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed Stream Classification Amendments with the clarifications as suggested above. VOTE: UNANIMOUS s. Whitted Human Services Center Renovation -Authorization to Contract for Environmental Remediation The Board considered authorizing the Manager and staff to approve change orders and execute additional contracts necessary to carry out the Whitted Human Services Center renovation project; and authorizing the Purchasing Director and Public Works Director to negotiate and execute a contract and any related documents with Wildlife Nuisance Control, Inc. in the approximate amount of $50,000, to carry out environmental remediation work essential to completion of the Whitted Human 15 Services Center renovation project; and, authorizing the Purchasing Director and Public Works Director to negotiate an appropriate reduction in the contract with Environmental Air Designs, Inc. to reflect a credit to the County for any of their contracted work that will instead be carried out by Wildlife Nuisance Control, Inc.; and, authorizing the Manager to approve and staff to execute any WHSC project change orders, not to exceed a cumulative total of $100,000, that may become necessary through August 19, 2003. Commissioner Jacobs said that he had a concern about the bats in the clock tower. John Link said that his understanding is that there are no live bats in this situation. Public Works Director Wilbert McAdoo said that there are some live bats. There is a process where netting will be put up where the bats are coming in. The bats can fly out, but they cannot come back in. There is no extermination involved. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to: 1) authorize the Purchasing Director and Public Works Director to negotiate and execute a contract and any related documents with Wildlife Nuisance Control, Inc. in the approximate amount of $50,000 to carry out environmental remediation work essential to completion of the Whitted Human Services Center renovation project; 2) authorize the Purchasing Director and Public Works Director to negotiate an appropriate reduction in the contract with Environmental Air Systems, Inc. to reflect a credit to the County for any of their contracted work that will instead be carried out by Wildlife Nuisance Control, Inc.; and 3) authorize the Manager to approve and staff to execute any WHSC project change orders, not to exceed a cumulative total of $100,000 that may become necessary through August 19, 2003. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Housing Bond Program The Board considered awarding funding to the recommended affordable housing bond projects and to authorize the Manager to issue a Letter of Commitment to each funded agency detailing the conditions of the award. Tara Fikes said that the total available funds for the housing bond are $1,040,000. Applications were due at the end of December 16, 2002 and five applications were received by the deadline. These applications were reviewed by the Project Review and Selection Committee. The committee is recommending funding for three projects -Empowerment, Inc., Habitat for Humanity, and Weaver Community Housing Association. The recommendation regarding Empowerment, Inc. is conditional pending approval of a concept plan by the Town of Chapel Hill. The committee does not recommend funding at this time for the two other projects (OPC Foundation and Affordable Rentals) due to incompleteness of those applications. Both of these applicants have been in touch with the staff to work on the applications. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the recommendations of the Project Review Committee -Empowerment, Inc. for $90,000; Habitat for Humanity for $170,000; and Weaver Community Housing Association for $270,000. Public Comment: Susan Levy from Habitat for Humanity said that because their project is in the joint planning area and they are requesting a rezoning, it would come before the Board in October at a joint public hearing. She pointed out that this project plays into the Greene Tract and the portion of the Greene Tract that the task force recommended be approved for affordable housing. This project is going to extend the existing sewer that Habitat developed at New Homestead Place up to Purefoy Road. This has been a complex negotiation. Mark Chilton from Empowerment, Inc. thanked the staff and committee members for recommending their project. He introduced Jefferson Parker from the OPC Foundation. He said that they wanted to talk about the OPC project that is not being recommended. He said that the proposal is for OPC to purchase a pair of duplexes on Johnson Street in Chapel Hill from Empowerment to use for affordable rental purposes. Empowerment used money from the Catholic Church and from a bank to 16 purchase the duplexes. The financing from the Catholic Church is expiring soon and they need to pay back the money. This puts Empowerment in a difficult position because they are going to have to sell this property or find $50,000 somewhere. If this project is not approved, then this property will have to go on the market and will probably not be affordable housing. He pointed out that the primary reason that OPC's application was not more thorough was that he showed them this property on a Thursday, and the applications were due on the following Monday. He pointed out that the client population that OPC is trying to serve with this development is people who live on social security disability income. He asked the County Commissioners to consider adopting the Manager's recommendation as well as funding for OPC's project. Commissioner Jacobs asked about the loan deadline and Mark Chilton said June 1St. They have told the church that it would probably be a month later than this and he has not heard back from them. Commissioner Jacobs said that he is supportive in general but they meet again on June 3~d and he would not mind having this on the agenda at that time. He needs to think about this. Commissioner Carey said that he is generally supportive also, but it would be a bad precedent to act on this tonight. He said that OPC should revise their application and get it to the staff as soon as possible. Chair Brown said that the other applications have very specific components and she would have to see the preliminary contracts for this project. She asked for Commissioner Halkiotis to rescind his motion or make a substitute motion because she could not support it. Commissioner Gordon asked about the $50,000 and why the proposal is for $260,000. Mark Chilton said that he has more than one loan associated with this property. John Link suggested moving forward with the projects for Habitat for Humanity and Empowerment and then have the others come back on June 3`d Chair Brown said that she would like to talk about Empowerment because it is contingent on a rezoning request from the Town. She said that this is not a good idea because in the past this has been used as leverage on the towns and the County to ,approve it because it is contingent on money that has already been received by the County. This puts the Board in an awkward position. Commissioner Halkiotis rescinded his motion. Commissioner Carey said that he supports all three, but he has not heard anything on Weaver Community Housing Association (WCHA). Chair Brown said that the project from WCHA is contingent, or a big supporting piece of the application is, that the project will be associated with the Inter-Faith Council to support housing for women and children. However, there is no documentation on this. There needs to be a presumed contract or a letter of intent. She does not support this without proof and she does not think it meets the criteria. Commissioner Halkiotis said that he would also like more information about WCHA and how it could work. He would like to approve the other two (Empowerment, Inc. and Habitat for Humanity projects). A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the proposals for Empowerment, Inc. and Habitat for Humanity projects, and to receive additional information regarding Weaver Community Housing Association (WCHA) and allow the OPC Foundation more time to complete their application. Commissioner Carey withdrew his second for the original motion. Commissioner Gordon asked about procedures and suggested giving people who already applied a limited. amount of time to complete their applications. John Link agreed and read from the abstract as follows: "This, however, should not be interpreted as an absolute since final funding decisions are made at the discretion of the BOCC." The Board can ask for additional information and extend the time limit on applications. Commissioner Gordon wants to add to the motion to allow the other two to complete their applications and WCHA to provide additional information. Commissioner Brown pointed out that OPC is apart of the motion. Commissioner Jacobs said that the Board should review the applications in the future. Commissioner Jacobs called for the question on the revised motion. VOTE: UNANIMOUS 17 A motion was made by Chair Brown, seconded by Commissioner Gordon to allow Affordable Rentals to resubmit their application. VOTE: UNANIMOUS b. Little River Park Interlocal Agreement The Board was to consider the proposed Interlocal Agreement between the Counties of Durham and Orange, for the Little River Regional Park and Natural Area. Deferred until June 3rd c. Proposed Master Plan for Little River Regional Park The Board was to consider a proposed master plan for the Little River Regional Park and Natural Area. Deferred until June 3~d d. Appointments (1) Advisory Board on Aging The Board was to consider appointing one (1) member to the Advisory Board on Aging. DEFERRED (2) Nursing Home Community Advisory Committee The Board was to consider making an appointment to the Nursing Home Community Advisory Committee (NHCAC) DEFERRED (3) Recreation and Parks Advisory Council The Board was to consider the appointment of two (2) members to the Orange County Recreation and Parks Advisory Council (RPAC). DEFERRED 10. REPORTS a. Status Report for Rogers Road Waterline Connections The Board was to receive a status report on the Rogers Road waterline connections project. DEFERRED 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT- at 11:OOpm A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker 18 Clerk to the Board