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HomeMy WebLinkAboutMinutes - 20051003APPROVED 1/24/2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION OCTOBER 3, 2005 5:30 p.m. The Orange County Board of Commissioners met for a Work Session on Monday, October 3, 2005 at 5:30 p.m. at the Government Services Center, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie Foushee, Alice Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoff Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Manager, Assistant County Manager Rod Visser, Assistant County Manager Gwen Harvey, and Deputy Clerk to the Board David Hunt (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. 1. Emergency Planning and Preparedness in Orange County Chair Carey welcomed everyone to the meeting. He reminded everyone that the focus of this meeting was Emergency Planning and Preparedness for the County. John Link said that they wanted to bring to the attention of the Commissioners the present status of the response plan to a number of emergency hazards. He said the plan is a good plan but the response could certainly be improved and Emergency Management Director Jack Ball will lead the discussion along with other staff members. Chair Carey referenced the letter from the Human Relations Commission for everyone to review and take into consideration as Mr. Ball gives his report. Jack Ball thanked the Commissioners for the opportunity to talk about the emergency plan for Orange County. He said that in September he was asked to report on the activities that Emergency Management has done since 2001. One of the questions raised at that time was "What are the Roles and Responsibilities of the Board of Commissioners during an emergency response". He said that the North Carolina General Statute (166A-2) states, "It is the responsibility of county government to protect life and property from the effects of hazardous events." Also, the Orange County Code as published by the Municipal Code Corporation in 2001 and adopted by resolution of the Board of Commissioners identifies Chapter 14 as the Emergency Management and Emergency Services section. These two legislative measures define the roles and responsibilities of the Orange County Commissioners and the county employees before, during and after a major disaster. Basically the plan states that it is the county's objective to plan for and carry out disaster response utilizing the resources available. The Orange County Multi-Hazard Plan objective is to make all county officials aware of the potential and results of a major disaster and advise them of their responsibilities. In addition to the local response roles the Commissioners can make requests to the state and federal representatives for laws and policies even before disaster strikes. Jack Ball said that an example of this occurred the previous year in Florida when the state legislature suspended the sales tax on disaster supplies for twelve days (these supplies included flashlights, batteries, generators, etc.). This allowed their citizens to start thinking about hurricane preparedness and provided them with an incentive to start preparing. Additionally at the state level we can advocate for regional response to our evacuation efforts. This has already begun in a preliminary study that was commissioned by Triangle J area on response to an evacuation of our area. He said that we need to do more work towards the evacuation process. He said that some concerns were expressed toward evacuation capabilities of Orange County. An earlier version of the response plan does address the evacuation of Orange County and provides a basis to develop a countywide evacuation plan. This plan identifies evacuation routes, the maximum travel capacity on the routes as far as the number of cars that can be moved across the routes and hours time. The North Carolina Emergency Operation evacuation plan for the state identifies Interstate 40 emergency lane reversal plan. The Governor will make the determination on the evacuation utilizing the reversal plan based on information provided him from the Crime Control and Public Safety Division and the Department of Transportation. John Link asked how the reversal of lanes would work. Jack Ball responded that it was a coordinated effort utilizing our Emergency Operations Center (EOC) in conjunction with the State's EOC insuring that the law enforcement and DOT are working together. He said that the Governor controls Interstates. On our secondary roads, he said that we could work with local law enforcement in establishing control of evacuation routes. Commissioner Halkiotis reported that he had heard that there were not enough highway patrolmen to control traffic and he wanted to know if everyone was told to evacuate now and head towards Asheville, would the Orange County Sheriff's Department assume certain responsibilities along the Interstate and is that plan in place right now. Jack Ball responded that it was in place and additionally they would utilize the DOT along with Law Enforcement in setting up barricades, etc. Chair Carey wanted to know which law enforcement agency is responsible for secondary roads. Jack Ball said that local law enforcement would be utilized to maintain those activities. They also have been identifying some issues that came up with Hurricane Katrina regarding vehicle running out of fuel. They have been researching the capabilities of getting tankers and fuel trucks available to be along these routes to help provide fuel that may be needed. Chair Carey wanted to know who would be responsible for this and Jack Ball said it would be Emergency Managements' responsibility in Orange County. The Emergency Management Specialist has been coordinating some evacuation means with our local public employees, bus companies and even rails. This is in the preliminary stage at the current time but they are identifying those needs as far as needing to evacuate. They want to be able to have whatever resources are available to aid us in this endeavor. Commissioner Halkiotis mentioned the school systems and their buses and Jack Ball said the school superintendents were also involved in this planning. Commissioner Jacobs would like to see more detail on these evacuation plans. He said they need to have realistic plans particularly in the case of something happening at Shearron Harris and only having a 30-minute warning. He feels these plans need to include a Sheriff's deputy stationed with the gas tankers, etc. so that we will be up to speed based on Hurricane Katrina observations. Jack Ball responded that they are not depending on FEMA to come in and "fix it". They were able to send several employees into the Hurricane Katrina affected area and Lt. Steve Newton will speak to his observations and some of his learning lessons. Evacuation is just one way to protect the citizens depending on the severity of the incident. Sheltering in place may be the more appropriate methodology. He said that their plan is just a guideline and they need to be innovative in dealing with all emergencies including communications. We are trying to plan for the worst so we can hope for the best. Jack Ball listed some of the preparation they have made in getting information and assistance to the citizens. Some of these include presentations at various group meetings, working with Social Services (particularly regarding citizens with special needs), meeting with facilities to help with their response plans, sharing literature in English and Spanish with groups. Commissioner Halkiotis asked for the shelter guide card to be shared with everyone. He asked if the back-up plan for the 9-1-1 Center that was put into place several years ago was still in place. Jack Ball said that this is still in effect and the UNC Communications Center is also a part of the plan now. Commissioner Halkiotis asked about issues with water, food, emergency generators, and emergency gas and are they all in place. Jack Ball said yes. Commissioner Halkiotis said that citizens need to hear that all this is in place now so that they do not have to depend on the State and Federal Government to do everything for them. He said that he feels good about what Emergency Management has put in place. Commissioner Foushee asked what the plan called for in the absence of electronic communications. Will there be locations to disseminate information to the citizens? Jack Ball responded that one of the things they would do is activate the Emergency Access System (EAS) which gives them state-wide access to all the radio transmitters in the state giving information out across the public air waves. He said that is a citizen was in their car there would be broadcasts coming across the radio. He said that they recommend that everyone have abattery-operated radio so they can tune in to the channels that they have identified. Once the EAS is activated, they send a wide broadcast which is constantly updated. If radios are not available, they will depend on low- tech solutions such as sending fire and emergency vehicles with PA systems through the neighborhoods and try to utilize people on foot going through the areas. Commissioner Foushee suggested that these low-tech solutions should be communicated to the citizens. Rod Visser reminded them that flyers were posted in the neighborhood with directions following the tornado in Hillsborough. Eric Griffin described the work that is on going with the Community Emergency Response Team (CERT) that advocates working on your own within your neighborhood for up to 72 hours following an event. CERT advises that neighborhoods get together, make plans, identify a leader, identify their needs and plan for their response. CERT members would be the point of contact for their neighborhood. Commissioner Jacobs stated that he also feels we should start with the lowest low-tech solutions that are available. He feels that we should begin to think about even using bicycles as well as foot personnel to go through the community to lead the citizens out of the danger. We should not depend on technology that more than likely will not be readily available and we need to be able to help citizens work through these emergencies. Commissioner Jacobs referred to the "Orange Card" and suggested that the heading for "PETS" be bold so as not to discourage people from going to shelters. Jack Ball said that one of the things they are working on are plans to ensure that they have the capability of taking care of both domestic and farm animals. They are working with Bob Marotto, Director of Animal Services, in this area. Commissioner Halkiotis added that he was surprised about the number of citizens who depend on oxygen machines. He wanted to know if EMS has a listing of these seriously ill citizens. Jack Ball said they are working with Social Services, Department on Aging, and Power Companies to develop a database of these citizens. Jack Ball introduced Lieutenant Steve Newton who gave a slide presentation on his experience with Saint Tammany Parish Emergency Operations Center in Covington, LA. He described the facilities at the EOC (Emergency Operations Center), the staffing, and the response to the needs of the citizens. Some of the problems faced by the citizens they dealt with were power outages and water contamination. Some of the problems faced by the EOC Center were information requests (rumor control), rescue and medical requests, structure fires, site security, and how to assist the citizens' requests for assistance. Initially, the requests were for water and ice; but then they wanted to know about debit cards (like in Houston). He said that by day 12 they still did not have FEMA personnel other than a forward team of two. The problems with rumor control were that the citizens heard conflicting information. Also, people would pretend to be responders, and thus, checking credentials became vital. He said that the red tape for getting assistance was unbelievable. At one point communications was carried out with the assistance of HAM radio operators. Commissioners Halkiotis reminded everyone that Orange County had a very active HAM radio operator group and they were indispensable. Chair Carey said that he had heard that people with chronic conditions were showing up for free health care. Mr. Newton said he thought they had seen some of this on a limited basis. Commissioner Gordon asked if anyone became really sick or died because of lack of response. Mr. Newton said he did not see this where he was. He reminded everyone that he only saw a small slice of the pie and it was very different than New Orleans. Commissioner Jacobs said that it is imperative that a review of the multi-hazard plan be done annually and that they might want to set a review date. He pointed out several things that need to be addressed: responsibility of commissioners, conflict ordinance, animal needs, public information officer, radiological hazards, separation of aging and transportation in the Department on Aging. Chair Carey said there will be a discussion with Triangle J about an update on what each county is doing and what we can do to work together better. Jack Ball pointed out that Section 14-31 of the County Ordinance identifies some of the restrictions Commissioner Jacobs referred to. Chair Carey thanked everyone and said they would look forward to seeing updates of these plans. The meeting adjourned at 7:10 p.m. APPROVED 12/5/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 3, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, October 3, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill 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 Chair Carey asked the Board to add a closed session, "for the purpose of consulting with the County Attorney to give instructions to the County Attorney concerning the handling of the case Chips Orange, Inc., versus Orange County and the Town of Chapel Hill." The Board agreed. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Chair Carey recognized the Community Service Award that Orange County received from the Community School for Children Under 6 and said that he represented the Board of County Commissioners at their recent celebration. This school has been in operation for 35 years in Orange County. Commissioner Jacobs said that he and Chair Carey would be meeting with a representative from Senator Burr's office like they did with Senator Dole's office (they requested money for a new kitchen for the new Southern Orange Senior Center). The new center will be dedicated this Friday at 10:00 a.m. Commissioner Jacobs said that he and Chair Carey would be meeting with officials from Orange-Alamance Water System and the Town of Hillsborough to discuss water issues. Commissioner Jacobs said that he heard about an urban caucus that the Commissioner Chairs have been discussing with Triangle J. He asked if Chair Carey could tell them about it. He also noticed an article in the Raleigh News and Observer about TTA looking more fervently at local funding sources. He said that there are distinctions concerning how Orange County fits into the regional picture. Commissioner Jacobs asked about the status of the water and sewer assessment project in regards to the EDD in the Efland-Mebane area. He wants to make sure that the County will be reimbursed. Commissioner Jacobs said at the next board retreat that he would like to talk more about conflicts of interest and what gifts the County Commissioners and staff receive from others, such as gratuities from vendors, etc. He said that the disclosure forms are really vague. He asked Geof Gledhill to work on this for the retreat in January. Commissioner Halkiotis supported Commissioner Jacobs' request. Commissioner Halkiotis encouraged Commissioner Gordon to fill them in about the regional plan being rejected. Commissioner Halkiotis thanked the staff and John Link for the information on water levels. He asked about stage three and stage four and to whom it applies. Commissioner Halkiotis said that Chair Carey would talk about the meeting today with the Manager, staff, Duke Power, and the school system staff. He thinks the issue of the electrical service of the school was resolved. Commissioner Halkiotis agreed with Commissioner Jacobs on the water and sewer issues and said that Chair Carey would convene a working group to look at the water and sewer issues focused for the OCS middle school. Commissioner Halkiotis thanked the staff for getting generic information about fuel consumption. He would like a breakdown by department about gas and diesel usage. He suggested cutting back on demand to strike back at the high prices. Commissioner Halkiotis said that Wake and Durham Counties are adopting some counties in Louisiana and Orange County should do something also. He said that there is no reason that we cannot develop a relationship with officials from the Gulf area. He asked the Chair or County Manager's Office to contact someone about this. Commissioner Halkiotis said that he has received emails from citizens that they want cable in their area now that the agreement with Time Warner has been signed. Commissioner Halkiotis said that he suggested to the Clerk that each County Commissioner make brief comments at the groundbreaking of the Southern Orange Senior Center because this has been going on for almost 20 years. This is a celebration. Commissioner Foushee said that she supports the idea of adopting a county in Louisiana. Commissioner Gordon first reported on the recent TTA meeting. She said that the Smart Commute Challenge ended on September 30th. Over 10,000 people signed up. She also reported that TTA got atwo-week extension from the federal government to work on the model for the regional rail project. Commissioner Gordon then reported on TAC issues. She said that the Secretary of Transportation did not approve the MTIP program and this is shocking because there was no advance warning and little explanation. If the issue is resolved quickly, the impact will be minimal. The next TAC meeting is on October 12th, and they will try and resolve the issue then. Commissioner Gordon said that she is glad that there are public information sessions on the proposed district tax - on October 19th at the Northern Human Services Center and November 1St at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. She made reference to the frequently asked questions on the brochure and asked for an introductory paragraph explaining the purpose of the district tax. John Link said that the intent at the two public sessions is to share the facts about what the tax is and what it can be used for. He said that the process is similar to the one that was used for Twin Creeks. There would be posters with information and have people can mill around and ask questions and then come together at the end of the event to discuss. Commissioner Gordon said it is very important to emphasize that if this district tax is passed, the only way it can be levied is if the OCS Board requests it. Commissioner Jacobs said that open house forums are an insufficient way to relay information. He requested that the brochures be left at all the country stores and to send them home with OCS students. The Manager's office and the Clerk's office will work this out. Commissioner Jacobs asked Commissioner Gordon about the TTA plan and if the approach was flawed. He read TTA's projections that it will take 4 hours and 16 minutes to drive from Durham to Raleigh. He asked if the Trustees asked questions about the commute time proposed by this model. Commissioner Gordon said the Trustees ask questions about the model at every meeting. She explained the reason for the model's predictions. She also noted that the federal government has raised its standards for transit projects (and not road projects) so TTA's project is being judged under new rules. These are different from the rules in place for the years during which the project was being designed. Chair Carey said that, with respect to Orange County's adopting a county, NACo has a process of adopting a county and it would be more efficient to go through NACo and to use that model first. Chair Carey made reference to the urban caucus. He said it is not a part of the NCACC yet. It is a movement in its infancy that grew out of frustration of large urban counties that felt like some of the needs of urban counties were neglected by the legislature during the last session. This is the first time it has been raised in the NCACC. He will keep the Board informed. Chair Carey said that, regarding the OCS middle school #3 and the utility issue, they did arrive at an amicable and economical solution so that there will not be any delays. However, it will require action by the Board of County Commissioners to support the extension of these utilities to the school. Chair Carey said that October is Domestic Violence Awareness Month. He thanked the Family Violence Prevention Center in Orange County for promoting this. He said that the Orange County Human Rights and Relations Commission sent, in recognition of Women's History Month, a publication with short stories by women in Orange County from age 10 to 66. 4. County Manager's Report John Link made reference to the water and sewer project to connect to the new middle school and said that this would be a top priority for County staff. There are some "time eaters" for the schedule such as regulatory standards, etc. They may need the Board's action in terms of resolutions or contacts. John Link made reference to the brochures about the proposed district tax and said that it would be a good idea to share them with fire departments and rescue squads. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes for the June 20, 2005 meeting as submitted by the Clerk to the Board. b. Appointments -None c. Jail Inspection Report The Board received the jail inspection report for July 20, 2005 from the North Carolina Department of Health and Human Services. d. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to three (3) property tax refund requests in accordance with N.C. General Statute 105-381. e. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to eight (8) property tax release requests in accordance with N.C. General Statute 105-381. f. Property Value Changes The Board approved value changes made in property values after the 2005 Board of Equalization and Review has adjourned. g_ Bid Award: Wheel Loader for Landfill The Board awarded a contract for the purchase of a Wheel Loader for the Landfill from Gregory Poole of Raleigh, at a cost of $105,100 and authorized the Purchasing Director to execute the necessary paperwork. h. Employee Dental Insurance for 2006 The Board approved an increase in employee dental insurance rates effective January 1, 2006 and authorized the Personnel Director to sign the contract with Delta Dental for Plan administrative services. i. Acceptance of 2005 Law Enforcement Terrorism Prevention Program (LETPP) Competitive Grant Funds The Board accepted grant funding and approved a memorandum of agreement, subject to final review by staff and the County Attorney, for a State pass-through grant award of federal Homeland Security funds in the amount of $63,000 to reimburse Orange County for 9-1-1 Center communication system upgrades; designated Jack Ball, Emergency Management Director, as the Designated Agent for the grant; designated Eric Griffin, Emergency Management Specialist, as the Point of Contact for the grant; and authorized the Manager to sign. L Trustee Appointment to the South Orange Firemen's Local Relief Fund Board The Board appointed Travis Crabtree as a Trustee to the South Orange Fireman's Local Relief Fund Board, for the South Orange Fire District. k. Two (2) Resolutions Regarding Pleasant Green Community Center Road The Board endorsed the "Resolution Requesting that the North Carolina Department of Transportation (NCDOT) Abandon a 0.27-Mile Portion of SR 1571, Pleasant Green Community Center Road, From the State Maintained System" and the "Resolution Declaring Intent to Close the Public Right-of-Way fora 0.27-Mile Portion of SR 1571, Pleasant Green Community Center Road, Eno Township". I. HOME Program -Affirmative Marketing Plan The Board adopted an Affirmative Marketing Plan for use in the Orange County HOME Program. m. Consultant Services -Ten (10) Year Plan to End Homelessness The Board awarded a contract for consulting services to J-Quad and Associates, LLC for the development of a Ten Year Plan to End Homelessness in Orange County and authorized the Chair to sign contingent upon final review by the County Attorney. n. Allocation Plan for Supplemental Funding Authorized in FY2005-06 Budget The Board approved a funding plan to allocating a $50,000 Board approved appropriation. The proposed plan includes the establishment of two permanent, part-time Circulation Supervisor positions, one at the Cedar Grove branch and one at the Carrboro Cybrary effective October 4, 2005. o. Approval of Plan to Replace Services Previously Offered by Sheaffer House The Board approved the recommendations of the work group, approved the transfer of $165,000 from the outside agency fund to the Social Services budget, approved the contract between Social Services and OPC for the liaison position and between Social Services and the Caring Family Network for emergency placement services and authorized the Chair to sign the contracts after review by the County Attorney and County staff. ~ Authorization to Release One-Time Supplemental Funding to OPC/LME to Facilitate Divestiture of EIFS/OC &KidScope This item was removed and placed at the end of the consent agenda for separate consideration. ~ Revisions to the Flood Damage Prevention Ordinance The Board adopted the amended flood damage prevention ordinance. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: ~ Authorization to Release One-Time Supplemental Funding to OPC/LME to Facilitate Divestiture of EIFS/OC &KidScope The Board considered authorizing the release of a one-time County supplemental appropriation in the amount of $57,468 to OPC/LME to facilitate the divestiture (transfer) of EIFS/OC &KidScope to the Chapel Hill Training Outreach Project effective October 1, 2005. Commissioner Jacobs said that the County Commissioners had promised people that they would stand by them during the divestiture and this is an example of how they are doing what they said they would do with one of the entities -KidScope. He said that there are five entities lined up on the chart and he asked about the funds for these. OPC/LME Director Judy Truitt said that the total cost of one month of operating expenses for all of OPC service programs in Orange County was $464,855. OPC made the decision that they would use $180,305 of the continuation of effort monies that OPC already receives from the counties, which left a total in Orange County of $284,550 needed. They have spread the $180,305 across all of the programs on the list. As they divest the other programs, the total amount will be less than the one-month operating expenses because they will be using other monies that have been set aside. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to authorize the release of a one-time County supplemental appropriation in the amount of $57,468 to OPC/LME to facilitate the divestiture (transfer) of EIFS/OC & KidScope to the Chapel Hill Training outreach Project effective October 1, 2005. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Memorandum of Agreement between Town of Hillsborough and County of Orange for Creation of a Strategic Growth Plan The Board considered approving a Memorandum of Agreement regarding a consultant selection process and planning deliverables and authorizing the Chair to sign subject to final review by staff and the County Attorney. Planning Director Craig Benedict said that this MOA came from an Urban Area Transition Task Force authorized by the Board and the Town of Hillsborough in late 2004. After a series of meetings, a recommendation booklet came together about shared principles concerning the development of lands on the fringe of Hillsborough and how it affects the various areas of the County. The report was taken to a joint meeting in February, and it was suggested that a consultant be hired jointly, with Orange County having a minor share in it, up to $25,000. The Board of County Commissioners allocated the money this budget year to participate and Hillsborough had already allocated $58,000-68,000 towards this. This MOA arranges for a process on how to select a consultant. One of the issues is how far Hillsborough's water and sewer resources go. There is now a water and sewer boundary agreement, which is a 50-year agreement that covers a very large area. This area needs to be redefined. The recommendation is to approve the MOA with Hillsborough to begin the process of hiring a consultant. Commissioner Gordon referenced section 6.2 and asked if they are trying to find an intermediate boundary. Craig Benedict said that it might be a short-term boundary that is more compact. Commissioner Gordon said that what is in the agreement and what was in the task force report are not the same. She understands that they are just approving the agreement. Craig Benedict said that it is only the MOA to set the process for the consultant selection process. After the consultant is selected, they will redefine what the task force recommended. The MOA will put the process in motion. Commissioner Gordon said that there are no instructions as to what the group will work on. Chair Carey said that this agreement will begin the process and then the Board of County Commissioners will have a chance to have input later and the County Commissioners will have representatives on this group. Commissioner Jacobs said that he took away something different from the meetings. He heard that, while it was physically feasible to serve these areas, it no longer seemed likely that Hillsborough had the capacity to serve these areas. Hillsborough does not want to go out too far. There is a de facto rural buffer to the west of Hillsborough and the rural buffer south of Hillsborough. There is also Eno River State Park and New Hope Corridor to the east of Hillsborough. They talked about where it is reasonable to put public services north of Hillsborough. There is even some talk about consolidating out of the Upper Eno Watershed. If anything, the boundary will be smaller. Commissioner Jacobs said that in the principles of agreement, it is indicated that the County's share of the cost will be greater, but on page 8 it says that the County will be invoiced for a quarter of the cost up to $25,000 and Hillsborough has set aside more than twice that. Craig Benedict said that this is a change because the consultant will do some work for the internals of the Town limits. Commissioner Jacobs said that according to the timeline, extensions are allowed, but only by approval of the Hillsborough Town Board of Commissioners. He would like the Board of County Commissioners to be a 50% partner. Also, on page 9, it says that the term is a two- yearterm from 2005-2006, and this needs to be changed to 2007. Commissioner Gordon said that on this "activity deadline no later than", she thinks there should be some interim reports. Craig Benedict said that by early 2007 the consultant would bring back the report for review. Commissioner Gordon said to add an interim report to bring back to the Board of County Commissioners in October. Commissioner Jacobs said it would be good to have a report early on so that they can answer the question about what the steering committee is supposed to accomplish. He suggested that a selection committee cannot be appointed until October 18th because they do not meet on October 14tH Commissioner Jacobs suggested reports to both elected boards on March 15, 2006; August 15, 2006; and March 15, 2007. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a Memorandum of Agreement with changes (the County will have a say in any extensions, the change in the term to two years, and the additional reports) regarding a consultant selection process and planning deliverables and authorize the Chair to sign subject to final review by staff and the County Attorney. VOTE: UNANIMOUS 7. Special Presentations a. NC Museum of Art pARTtnership Project with Orange County Arts Commission and Orange County Department on Aging The Board received a presentation on a new partnership project with the NC Museum of Art and the Orange County Department on Aging featuring Carrboro textile artist Marguerite Jay "Peg" Gignoux and requested that the Budget Office update a senior center capital project ordinance to establish a budget for the artwork based on the information outlined in the financial impact. Debra Murphy brings greetings from N.C. Museum of Art, where she is the Assistant Director of Education. One of their programs is the pARTnership program, where they work with arts commissions across the state. The Orange County Arts Commission participated in a highly competitive process and was selected for as an award recipient for the installation of a permanent work of art in the Orange County Senior Center. Marguerite Gignoux showed a maquette of the piece of art. She explained how the artwork would be made by the artists and the seniors. Jerry Passmore said that they are excited about this project and this is an opportunity for seniors all around the County and not just in Central Orange. Chair of the Arts Commission Leah Rade said that they are excited about this project, which has generated interest in her board. She thanked the Board for its support. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to request that the Budget Office update a senior center capital project ordinance to establish a budget for the artwork based on the information outlined in the financial impact. VOTE: UNANIMOUS 8. Public Hearings-NONE 9. Items for Decision--Regular Agenda a. Employee Health Insurance for 2006 The Board considered renewal of employee health insurance plans through the North Carolina Association of County Commissioners (NCACC) Health Insurance Trust effective January 1, 2006 and authorizing a transfer of $19,212 from fund balance to the employee health insurance account to supplement the 2005-06 health insurance budget. John Link said that Personnel Director Elaine Holmes will be retiring March 1, 2006 and this is about the 15th time she has gone through this process of examining health insurance. This year, the Board wanted the staff to be especially diligent and to look at causes for increases. He pointed out that this is one of the processes where Elaine Holmes does not receive a lot of recognition. Elaine Holmes said that this has been a difficult process. The purpose of this agenda item is to talk about renewal for calendar year 2006. The County has two plans -Blue Cross Blue Care, which is an HMO (742 employees) and Blue Options, which is a PPO (42 employees). Both of them are insured through the North Carolina Association of County Commissioners Health Insurance Trust. They had budgeted for up to a 15.9% increase this year, but the actual renewal quote they received was fora 22.3% increase. The principal factor is the increase in claims costs. Also, the utilization of outpatient surgeries and prescription drugs has increased. After receiving the quote of the increase, the staff looked at options of how to address the costs. Attachment 2 outlines five options to reduce the cost for health insurance. The staff is recommending pursuing option 5, which would add a $250 per member deductible to the Blue Care plan and would make no change in benefits for Blue Options. The deductible would apply to hospital inpatient and hospital outpatient services and would not apply to doctor visits or prescription drugs. With the addition of the deductible, the overall cost increase came in at 16.5%. The option requires about $19,000 over the amount budgeted, and they are recommending that it be funded from fund balance. The County Commissioners thanked Elaine Holmes for bringing the different options. Commissioner Jacobs said that the number of employees enrolled is fewer than the number of total employees. Elaine Holmes said that they do have vacant positions and there are some health insurance waivers if they are enrolled in other health plans. Commissioner Jacobs asked some clarifying questions that were answered by Elaine Holmes. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the renewal of employee health insurance plans through the North Carolina Association of County Commissioners (NCACC) Health Insurance Trust effective January 1, 2006 and authorize a transfer of $19,212 from fund balance to the employee health insurance account to supplement the 2005-06 health insurance budget. VOTE: UNANIMOUS b. Due Diligence Updates on Planned SportsPlex Acquisition The Board reviewed progress related to several aspects of the planned acquisition of the Triangle SportsPlex property. John Link said that they have good news on the financial status of the Sportsplex operation and a good report from Corley Redfoot Zack. Rod Visser said that they are bringing forward issues related to the auditing of the financial records of the facility. Robin McDuffie from Blackman and Sloop was present to answer questions and provide details. The bottom line is that the financial reporting has been correct in terms of the cash position. Also, Corley Redfoot and Zack have been back through the facility on a number of occasions to examine the conditions, and most conditions are unchanged with the exception of a few minor repairs. There will be about $300,000 set aside at closing for the County to use for some of the defects. This is outlined in the agreement. Also, under the agreement, there is a free look period where the County could continue to conduct due diligence activities. The free look period has been extended by mutual agreement through October 5th. The staff has not discovered anything that would make the County want to walk away from the deal. Regarding the application to the Town of Hillsborough for the expansion of the facility, the architects discovered a problem related to the grade not having met existing standards. This can be fixed and the County Attorney has issued a notice to Eaton Vance's representatives. Also, even after the free look period ends, there are contingencies in the purchase agreement that would make the contract null and void. He read the contingencies. The Hillsborough Board of Adjustment is supposed to review the application for expansion of the facility on October 12th. At the next County Commissioners' meeting on October 18th, there will be a public hearing related to the proposed financing. The Local Government Commission meets on November 1St and will consider the financing application. The closing will take place between November 8th and the end of the calendar year. They hope to break ground on the senior center sometime around March 2006. Commissioner Halkiotis made reference to the next to the last page of photographs and asked Ken Smith from Corley Redfoot and Zack about the support system for some refrigeration equipment. He said that the steel beams were rusted and it looks like someone painted them over. He asked if the beams should be replaced. Ken Smith said that in their first report they suggested that the beams be stripped back to white metal, properly primed, and then repainted with azinc-rich paint. He said that the rust was painted over with zinc-rich paint and they were not properly prepared before painted. Commissioner Halkiotis said that they are wasting money doing incorrect procedures. Commissioner Gordon asked about the $300,000 and if it is going to be enough to make the repairs. Rod Visser said that the CRZ report was out over aten-year period and this amount will not cover everything that could be replaced, but this was a negotiating point of the deal. Commissioner Halkiotis is also concerned about how much of the $300,000 has been subtracted to do the pittance of the repairs. It was answered that nothing has been subtracted. Commissioner Halkiotis said that he is disappointed with what has been done. Jeff Thompson made reference to Exhibit B and the 11 items that were to be fixed. Commissioner Halkiotis asked if $300,000 will cover this list and Jeff Thompson said yes. Robin McDuffie gave a report on the audit. She said that it was a dual opinion audit because they were not able to obtain enough evidentiary information to express an opinion on balance sheet and statement cash flows and the members' deficit. There are many things on the balance sheet that have been carried forward for years and no one has the information to document. They were able to express an opinion on the statement of operations. They were not able to support the property and equipment purchase prior to June 2000, unamortized balances of some other assets, some accrued expenses, and the members deficit balances. She made reference to page 4 and the balance sheet and said that they were able to substantiate the total current assets of $377,000. Commissioner Gordon verified that Orange County was not liable for any of the things that were not substantiated. Robin McDuffie continued with page 5 and the statement of operations. There is an operating loss of $530,000 prior to the County's subsidy of $400,000. In the year ending May 31, 2005, there was a net loss of $118,000. Commissioner Gordon asked if there was anything unusual about the disclosures and Robin McDuffie said no. Commissioner Gordon asked about the long-term debt and the outstanding bonds. Geof Gledhill said that no principal payments have been paid on the bonds. He said that this deal was bundled with a lot of other deals. Commissioner Gordon asked more clarifying questions that were answered by Robin McDuffie. She asked Robin McDuffie to confirm that we got an audit of all the financial data that the County needed to exercise due diligence and thus to make an informed decision about purchasing the Sportsplex, and Ms. McDuffie confirmed that fact that the County had received that kind of audit. Commissioner Halkiotis asked about the second page of the agenda abstract as follows: "There is an offer of public dedication of a portion of the property where the pond is located (slightly more than 6 acres) to the Town of Hillsborough that expires in 2009, which to this point has not been accepted by the Town." He asked the County Attorney to speak to this. Geof Gledhill said that the documents offer the Town the 6 acres of property for public use for a 15-year period. If Hillsborough wanted to own this area, it could by accepting the public dedication. Commissioner Halkiotis said that he asked this because he represents the Board of County Commissioners on the Central Orange Senior Center group, and the seniors are concerned about having a safe place to walk. They would like some kind of all-weather walking trail around the pond. He asked if this public dedication would preclude a walking trail around the pond. Geof Gledhill said that the offer of public dedication would not, unless Hillsborough accepted the offer and declined to permit the walking trail. The offer does not preclude a trail, but there is a conservation easement. He will have to review the conservation easement with regard to constructing a trail. Commissioner Gordon commended the Board for standing firm on getting the audit. Commissioner Halkiotis thanked Commissioner Gordon for being persistent about getting the audit. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to confirm the Board's intention to proceed with the acquisition of the SportsPlex property under the contract, as amended, that was executed on July 14, 2005. VOTE: UNANIMOUS c. Northern Park Master Plan The Board considered adoption of a master plan for the Northern Park (at the Northern Human Services Center) and authorizing staff to create and submit a site plan application for the park based on the master plan and proposed Phase I facilities. Environment and Resource Conservation Director Dave Stancil said that this is a follow-up from the Board's discussion at the August 29th work session. On May 3~d, the master plan that was created was presented and accepted and in August there was some additional detail with the Board's direction. The revised master plan includes parking lot configurations and details about the skate park, which will probably be deferred to some future phase. There also is a possibility for a walking track around the fields with lights. The next stage is the application of the site plan. Once the master plan is approved, they can prepare the site plan application. The recommendation is to consider and approve the master plan for the site and authorize staff to begin to prepare the site plan application. Commissioner Jacobs asked if Americorps would do the trails in the woods and Dave Stancil said yes. Commissioner Jacobs asked about additional information and a project timetable and Dave Stancil said they could come back October 18th with a timetable. Commissioner Jacobs said that he thought he remembered a construction date of 2007. On October 17th, the Board will be talking about expediting some construction projects because of the market. He asked if they had discussed this. Dave Stancil said that in some cases this will require outside assistance and this will not require any more time than doing everything in-house. It might even take longer to construct it without outside help. The timetable from start to finish is one year. Commissioner Jacobs requested that if and when they approve this, that it be mailed along with a timetable to all participants of this group and put up at the Northern Human Services Center and the neighborhood organizations and stores. Commissioner Halkiotis made reference to using outside consultants and said that there are some outside consultants that he would not approve because of their past history. He would hope that if there were people in Orange County that do this kind of work that they would be allowed to bid on the project. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the master plan for the Northern Park (at the Northern Human Services Center) and authorize staff to create and submit a site plan application for the park based on the master plan and proposed Phase I facilities. VOTE: UNANIMOUS d. Appointments (1) Unified Transportation Advisory Board -Initial Appointments The Board considered making initial appointments to the Orange County Unified Transportation Advisory Board. Commissioner Jacobs suggested moving Nancy Cole Baker to the Pedestrian Access position from the Bingham Township position. Commissioner Foushee nominated Commissioner Gordon as the County Commissioner liaison. Commissioner Gordon suggested staggering the terms of the appointees and suggested positions to receive one year, two years, and three years. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to make the appointments as listed in the agenda abstract, with the change of Nancy Cole Baker to the Pedestrian Access position, and including Commissioner Gordon as the County Commissioner liaison. The Clerk's office will stagger the terms of the appointees as suggested by Commissioner Gordon. VOTE: UNANIMOUS (2) Transfer of Development Rights Taskforce -New Appointments The Board considered making new appointments to the Transfer of Development Rights Taskforce. Commissioner Gordon suggested appointing Cara Crisler. Commissioner Jacobs said that Marge Limbert asked to resign and would like Ms. Crisler to replace her. Commissioner Gordon nominated Cara Crisler, Renee Price, Hunter Schofield, and Ed Holland. The Board decided to renew its request for participants to Chapel Hill, Carrboro, Hillsborough, and Mebane. Commissioner Jacobs nominated James Carnahan in the place of Hunter Schofield. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Cara Crisler, Renee Price, Ed Holland, and James Carnahan. VOTE: UNANIMOUS 10. Reports a. Durham County Proposal -New Hope Preserve Interlocal Agreement The Board considered possible participation in a proposal from Durham County to create an interlocal agreement regarding property that is being jointly acquired along the New Hope Creek corridor and to allow staffs from both counties to further define and make recommendations on which lands should be involved in a master plan for the New Hope Preserve; and allow Orange County staff to pursue pre-existing planned and pending park design projects such as Fairview. John Link said that Orange County and Durham County participated in acquiring parcels related to Erwin Trace last spring and they have recently received an interlocal agreement from Durham County. Dave Stancil made reference to page 27, which is a follow-up memo from Durham County with the idea of master planning for the Hollow Rock access area. The map that follows this item is on page 29. Page 30 has the most recent ideas related to this. The staff is interested in the opportunity to create a corridor of open space from Erwin Road to Jordan Lake. The County Attorney and staff have not had a chance to formally review this proposal. There are some other property acquisitions in this area that tie directly into the New Hope Corridor and it may be premature to engage in master planning for this area before the properties are acquired. There are also several park projects that are getting ready to kick off from the County's standpoint (i.e., Fairview Park, Northern Park, and New Hope Park at Blackwood Farm). He said that it would be difficult to do all of these things and engage in an intensive process for the New Hope Preserve this fall also. It might be possible to separate out the pieces that demand immediate attention from the interlocal agreement. The recommendation is to defer consideration of the proposed master plan and allow the staff an opportunity to talk with the City of Durham, Durham County, and the Town of Chapel Hill about what area would make sense from a master planning standpoint. Commissioner Gordon agrees with the Manager's recommendation in terms of master planning, but she would like to move forward. She made a motion to instruct the County Attorney and staff to create an interlocal agreement regarding Erwin Trace that would meet the terms of Orange County's agreement on the joint partners tract. Her motion also included the Manager's Recommendation, to defer discussion of the proposed master plan. Commissioner Jacobs asked what this would accomplish as opposed to the Manager's recommendation. Commissioner Gordon said that there are certain financial issues to address and the master plan is a separate thing. Geof Gledhill said that the agreement was that this Board would share the cost of the Erwin Trace property and also share responsibilities related to the managing of the property. Commissioner Jacobs said that they also agreed to discuss and execute at a future date an interlocal agreement governing the uses. It seems that the Board would just be reiterating what it had already done. He thinks the Manager's recommendation would be sufficient. Commissioner Gordon said that #6 on page 25 was new. She thinks that there is a financial piece to be worked out. It is her understanding that Durham County would like this financial piece at some point to be included in an interlocal agreement. Chair Carey said that they can verify this. Otherwise, it can be handled with a letter from the Chair which incorporated the Manager's recommendation. John Link said that he would call the Durham County Manager to ask what he needs the most in this process of financing. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to (1) approve possible participation in a proposal from Durham County to create an interlocal agreement regarding property that is being jointly acquired along the New Hope Creek corridor with the understanding that the Manager will correspond with counterparts in Durham County regarding the financials; (2) to allow staffs from both counties to further define and make recommendations on which lands should be involved in a master plan for the New Hope Preserve; and (3) to allow Orange County staff to pursue pre-existing planned and pending park design projects such as Fairview. VOTE: UNANIMOUS 11. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to go into closed session at 10:10 p.m. for the purpose of: "To consult with the County Attorney and to give instructions to the County Attorney concerning the handling of the case of CHIPS Orange, Inc. vs Orange County and the Town of Chapel Hill," 143-318.11 (a) (3) VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to reconvene into regular session at 10:25 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board