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HomeMy WebLinkAboutMinutes - 20090602 APPROVED 8/18/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 2, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 2, 2009 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best 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. 7:09:06 PM 1. Additions or Changes to the Agenda Items included at the Commissioners' places: • Letters from employees • Revisions to item 10-a (Appointments — Carrboro Northern Transition Area Advisory Committee) and 10-b ( Commission for Women) • information about voluntary agricultural districts • correction sheet from Commissioner Gordon for Item 4-a — Minutes • materials for the June 41h budget work session PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Jim Dooley was representing the Chamber of Commerce and spoke about Hillsborough Hog Day on June 19-20. He distributed some gifts to the County Commissioners. Margaret Cannel) thanked the Board of County Commissioners for all of their support of Hillsborough Hog Day. She thanked the Solid Waste Department for helping them make this a "green" event. Susan Rice works for Chapel Hill/Orange County Visitor's Bureau and asked all Orange County employees in the audience to stand. She is a single mother. She said that working for the County has been a good thing, but this year balancing the budget will be hard. According to the Archer study, Orange County employees are paid less than their counterparts. The County employees will not be getting any contribution to their 401(k) this year, in-range increases, or merit increases. She asked the County Commissioners to keep in mind that Orange County employees are willing to do their fair share, but they hope that everyone else is willing to do their fair share. She said that the employees are also working hard to balance their own budgets in taking care of their families. Chair Foushee said that the Board of County Commissioners does appreciate the work that the Orange County employees do. Larry Slaughter read a prepared statement: To: Orange County Board of Commissioners From: Larry W. Slaughter, Orange County Solid Waste Date: June 2, 2009 Our Pay, Our Benefits, and the Budget Over the past few weeks many of us have watched with concern as you make plans and consider the budget of the Orange County Government for the coming year of 2009-2010. The following items are a few of the major concerns to all of the employees that support Orange County Citizens. First is the ARCHER STUDY This was a second study in recent years that was completed to indicate how we rate with pay and benefits. This was to tell the Board of Commissioners where we as employees stand when rated to surrounding areas and private market work places. On both studies, the employees came up below markets in the surrounding areas. The most recent study indicated that we are at approximately six (6) to eight (8) percent below other personnel in surrounding areas that are performing the same related duties. This study was presented to you in recent weeks. Some of the ways we got here was because we had some years with no pay raises for our performance, no merit raises, and no cost of living allowance that kept us in pace with time. Discontinued 401(k) We hear you look to discontinue or suspend our 401(k). In reality that is not so bad in a way. That is because it does not have an effect on what we can take home every pay day. But on the other hand, it totals to $715.00 per year, per person that you do not give us as part of our so highly advertised benefit. Reduction in longevity This is a big question you need to answer. Why would you take away from the people that have already been here supporting citizens for the longest time? These people have been here during hard times in the past and now we hear you are looking to reduce what they have. This seems to be extremely one sided! What about the people who are approaching the longevity mark? Again, these people have stuck with the County during times, such as no raises for performance, cost of living, and no merit raises. Just does not seem right to target so few who have done so much already! Furloughs This item has many names, leave without pay, unpaid holidays, etc. Actually it comes down to the fact of a forced situation of: we don't work and don't get paid. This item is very manageable given the right techniques and can be useful. It is not liked very much but it can be managed. The downside is that it will have a negative effect on what our take home pay will be pay day. That is something that all employees across the country today are working for. This financial situation is not limited to just Orange County, North Carolina. It is everywhere you turn. Hiring Freeze This saves money. But who is doing the job of the person not hired? It happens to be the employees that have stuck with Orange County, North Carolina in what was considered as previous hard times. They are the people that have been here for the times of no pay raise for performance, no cost of living allowance and no merit raise. This just happens to be the same people that are being reviewed for benefit and pay cuts for the new budget. To say you want more work for less pay is becoming a fact of the future. Insurance Benefits Currently the new projection indicates that there is an expected 8% increase in premiums costs. However, the budget only shows a funding of 4% for the insurance premium. Based on this, it appears that we are going to pay more or have a loss of some coverage. This is another item that will reduce our take home pay if we are to maintain what we currently have. Many of the things we advertise to keep and get good people to work here are getting smaller in size along with our paychecks. Who Else is Giving? Thus far you have asked our Directors and Managers and Supervisors to give you a budget that shows a revenue neutral budget. This means that we can't spend more next year than we did this year. Yet we are bringing on new buildings and facilities and this is going to cost extra. You have been given options to discontinue some services and thus far you are showing resistance. The education systems are looking at more budget cuts and are looking to you for help. All departments have presented to you a list of budget cuts across the board and in many cases you have resisted and ask for something different. In many of these cases you have stated what you would or would not accept with regards to the service to the citizens. It seems that our citizens are not willing to give up even a "part time" service. It seems our citizens have forgotten that we are all in the same situation. You can't possibly expect your employees to bear the brunt of the burden to keep this budget to a neutral or below neutral revenue situation. Conclusion You are the bearer of a great burden during hard times. None of us want your job. Some economic watch groups are saying it will be over soon and maybe in late 2009. Other groups are saying that such forecasts are a hopeless thought. Remember you have been given proof that we as employees are in fact below the market already. If we are 8% below as indicated, such things as furloughs, discontinuing 401(k), pay cuts, reduction in longevity and maintaining the lack of merit raises is only putting the workforce beyond the 8% mark. Asking the employees to vie more while the citizens give up nothing on services and expect new projects to rise seems very unreasonable. The employees that serve the Citizens of Orange County should not be considered an expense but should be looked at as ASSETS! Our ASSETS should not be cut!" Debbie Smith read a prepared statement: "Good evening, I am Debbie Smith, speaking on behalf of the Employee Relations Consortium Pay and Benefits Committee. The ERC represents Orange County employees. We understand the current economic climate and understand all of us - the schools, the public and County employees - must give up something in the next fiscal year as a result of reducing the County budget. With this in mind, we support the pay and benefits component of the County Manager's recommended budget, which does not include a cost of living adjustment or an in- range increase and proposes suspending County 401(k) contributions in the next fiscal year. The hiring freeze and retirement incentive program recommended by the Manager will stretch our resources, and it will be necessary for us to work longer and harder to provide needed services to the residents of Orange County. Any additional cuts beyond what the Manager has recommended would place a greater burden on employees and interfere with our ability to provide these valuable services to the residents of Orange County. The Board has discussed reducing or suspending longevity pay. This cost saving measure would not be spread evenly among all employees. Approximately 40% of employees would lose this benefit while approximately 60% of employees would be unaffected, at least in the short term, by this proposal. Additionally, we feel employees who have been loyal to Orange County for ten or more years should be rewarded for their service. If the Board must consider further reductions to employee pay and benefits, we urge you to consider options that affect all employees and do not require one group to lose more than another. In closing, employees are a valuable asset to Orange County. Further cuts outside of the County Manager's recommended budget would not support that sentiment for current or future employees of Orange County. I thank you for the opportunity to be heard on behalf of the ERC and Orange County employees. We ask that you take our words into serious consideration as you work to accomplish this difficult task that is before you." Adriana Martinez read a prepared statement: "Thank you for the opportunity to speak tonight. My name is Adriana Martinez. I am the Director of Spanish for Fun, a 4-star child care center that serves as a More at Four pre-k site. With greater attention on the achievement gap between majority and minority children and children of wealth versus children of poverty, attention has been focused on the research evidence on the effectiveness of high quality early childhood education as a mechanism to level the playing field. Numerous longitudinal studies have found that children who attended high quality pre-kindergarten programs performed better in multiple dimensions. Studies have found those children are less likely to require special education services, are less likely to repeat a grade, perform higher on literacy and math tests, and are more likely to graduate from high school. A number of states are moving in the direction of universal pre-kindergarten, including Georgia, Florida, and Oklahoma. Oklahoma and Georgia will soon reach more than two-thirds of 4-year olds between the state pre-kindergarten program, Head Start and preschool special education. North Carolina has chosen the targeted approach with More at Four, serving only the most at-risk children. Head Start has long served as an intervention strategy for very poor low-income 3 and 4-year old children. However, the income cut off is so low, many low-income families in Orange County are not eligible. The National Institute for Early Education Research (NIEER) reports that middle income families are often the least likely to have their children access high quality early childhood settings. They often are not eligible for help through Head Start, More at Four or child care scholarship programs, often relegating their children to less than quality preschool education. High-income families can afford high quality part-day preschools. Very low-income families can receive help paying for it through targeted programs like Head Start and More at Four. Voluntary, but universally available pre-k would insure that all children in Orange County, and especially those most in need, would have at least one year of high quality preschool education before school entry. We know each of you has received the proposal from the Orange County Child Care Coalition and hope you will consider it as a strategic investment in our County's children. Thank you." Kate Sanford read a prepared statement: "Good evening, I am Kate Sanford, Assistant Director of the Chapel Hill Day Care Center, a 5-star NAEYC nationally accredited early care and education program. Orange County has been a leader in education since the inception of the first state university system. The County is known for having the best schools in the state, with the highest proportion of teachers who have National Board Certification. In addition, Orange County has some of the very best child care settings in the state and some of the highest quality child care available. Orange County can again become a national leader by investing in its children through a voluntary, universally available pre-kindergarten program. By partnering with high quality child care programs in the community to serve as qualified pre-kindergarten sites, children and families can receive a high quality early education at community sites at a lower overall cost. High quality pre-kindergarten classrooms in child care settings can achieve the outcome of children coming to school ready for success using the physical and administrative infrastructure available in the child care community. Orange County has already taken the lead in providing Early Head Start and More at Four services in child care classrooms that meet the higher standards. It is time for the next step. The North Carolina Pre-kindergarten Program Standards have recently been developed, and when instituted, will offer child care programs the opportunity to demonstrate that their four-year old classrooms meet the highest educational standards. These standards mirror those found in More at Four classrooms with certified teachers, approved curriculum, child assessments and high quality classroom environments. They also mirror the standards found in the research evidence on what components produce positive educational and social outcomes for children. The proposal from the Orange County Child Care Coalition seeks to raise the quality of preschool education for all of Orange County's four year old children and to increase their access to this education. With the increasing number of children who live in our community with English as their second language, the need for a high quality pre-kindergarten experience is even more critical. Early education is a public good equal to that of K-12 education and needs an equivalent investment of county funds to support its improvement and expansion. And with this investment, Orange County would again be taking a leadership role in education in the state and nation. Thanks for your consideration of this proposal." Sue Russell read a prepared statement: "Good evening. I am Sue Russell, President of Child Care Services Association and also President of the Board of the National Association for the Education of Young Children. I am here tonight to speak in favor of the County's investment in voluntary, universally available pre-kindergarten as described in the proposal sent to you by the Orange County Child Care Coalition. We know that this is a very difficult time to consider new investments, with our local, state, and national economies suffering and with budget deficits at all levels. But now is the time to carefully consider such a proposal for a future investment. Investing in high quality early childhood education has a significant return in immediate savings in costs for remedial and special education and in long-term savings resulting from better educational and social outcomes. We know that parents want, would use and support the investment in such a program. In a recent survey of parents of 3 and 4 year olds, 99% believe that pre-kindergarten programs should be universally available in Orange County, 95% would enroll their children, and 95% support the use of Orange County tax dollars to fund this pre-kindergarten program. We believe that our proposal provides an economical way to achieve this end, by using classrooms in existing child care settings that meet the very highest standards to serve as the County's pre-kindergarten sites. This saves dollars in school construction costs for pre- kindergarten spaces. Research from the More at Four evaluation study has found the children perform equally well in classrooms in child care programs as those in public schools. The key To prepare for a time when the economy improves and the County can prioritize pre- kindergarten as a strategic, long-term, educational investment, we are requesting that the Orange County Commission create an Early Learning Task Force to (1) study the proposal presented by the Orange County Child Care Coalition to expand pre-kindergarten classrooms in Orange County using certified classrooms in the private sector and (2) develop a report to the Orange County Commission no later than December 1, 2009. I have a copy of the proposed charge for the committee for your information. We are hopeful that new federal resources may come available in the next few years to help in the development of pre-kindergarten services. Acting now puts Orange County on track with an innovative, cost-efficient and high quality program worthy of federal funding. Thank you." A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve referring this issue (pre-kindergarten) to staff for follow-up. VOTE: UNANIMOUS Kenny Ray has worked with Orange County for 21 years. His concern is about longevity pay, which the Board of County Commissioners has been considering eliminating. He said many of these employees could have left, but they have stayed because of the longevity pay, which is a great benefit for Orange County employees. He said that in the last seven years —three of those years there have been no cost of living adjustment and four of those years there have been no in-range increases. This year there will be no cost of living adjustment, 401(k) compensation, or in-range increases. He said that all employees will be affected this year and if anything is done, he hopes that it will be done equally across the board. Joe Robbins read a prepared statement: TO: Commissioners of Orange County FROM: Joe Robbins, D. S. S. Board Chair RE: Compensation and Benefits DATE: June 2, 2009 "I wanted to take this opportunity, as chair of the Board of Social Services, to address the Board of County Commissioners on behalf of the staff of the Department of Social Services. Our staff remains extremely concerned about the compensation and benefits packages being discussed as part of the fiscal year 2009-10 budget. They recognize that the County is under considerable financial strain and are committed to doing whatever it takes to continue to provide essential services to residents. As such, staff has offered to take on additional duties and reduce costs wherever possible. Given the current state of the economy and the increased workload for staff at Social Services, these proposed cuts are adding to stress and anxiety already acutely felt by employees at the agency. Staff has expressed particular concern about the prospect of shouldering a higher cost of the county health plan. With other types of compensation including 401(k) contributions, longevity and pay also potentially eroding, staff may not be able to maintain their health benefits at higher costs. I respectfully ask that you please consider the net cost to employees of all the budgetary actions, especially the increased burden of health care costs. While staff prefer furloughs to other options that have been outlined for budget reductions, more than three days of mandatory furloughs will be difficult for many staff who are already struggling with their household budgets. This will be a particular hardship for staff making less than $40,000 a year, many of whom are eligible for or are already participating in programs at Social Services. The Social Services board has discussed the ongoing ability to recruit and retain staff in specialized positions and is concerned that as a result of the proposed reductions to employee compensation and benefits this may become increasingly difficult. Orange County has already relied on competitive pay and benefits to attract highly qualified staff. Hopefully the necessary cuts can be managed in a way that maintains the County's image as a good place to work. In closing, I encourage the Board of County Commissioners to exhaust all other potential cost savings before drastically decreasing employee pay and benefits. County employees, like those at Social Services, are the face of county government to thousands of Orange County residents. These employees work hard every day to protect vulnerable children and adults and provide food, health insurance, and crisis intervention to struggling families. It is my sincere hope that the county will find a way to continue to value Orange County employees —the county's most valuable resource — so that they can continue to provide these critical and necessary services. The Social Services Board and agency staff recognize the difficult task set before you and are committed to working with you to achieve the best possible outcome for the county, its staff, and its residents. Thank you for your time and consideration." Paul Spire spoke against the reduction of 401(k) contributions. He said that many lower paid employees are currently working two jobs. Carol Boggs read a prepared statement: To: County Commissioners, Town Manager, et al From: Durham-Orange Genealogical Society Date: 02 June 2009 Subj: The NC Room "Thank you for the opportunity to speak in support of the NC Room Collection on behalf of D-OGS. The presence of a North Carolina Room that combines history and genealogy is not a new concept in libraries across the state, but one wonders why this one in Hillsborough has had such a tough time, especially in recent years. We have come to speak on behalf of the collection several times now, to help the citizens and the Commissioners to develop an understanding of what a gem has been hiding in the Orange County library. There is more to be done however, and although it seems the collection is not "on the street," it still has a long way to go. On its own, it can speak for itself as it spells out the history of several counties over two centuries, but as a part of a living community it has a special role as well. Woven into the community in various ways the NC Room Collection can both enrich people and bring commerce to a town long known as a major southern historical site. Support given to the NC Room Collection as well as the other agencies that would occupy a Heritage Center can show a return in multiples if planning today provides them the appropriate support. Tourism within the state may slow but it will never dry up because North Carolinians love their history. Towns and counties wise enough to accentuate the positive will enjoy the benefits of day-trippers, long-distance travelers, hobby researchers, and students coming to the library to find their personal and collective history. In a location near the center of a small walkable town these features are an asset and should be treated as such. While it is the job of genealogists and their societies to do the work of reading and researching, organizing and writing, then publishing their findings; it is equally up to the towns and counties in which the resources are located to provide the facilities with the nourishment they need to thrive and grow. Volunteers are important, or we would not be here today talking to you, but equally it is important that communities take responsibility for the precious burden they hold in their books, images, and other ephemera representing the past. It is time to think in terms of generating assets, not simply husbanding them. We all have learned the importance of the role of history in everyday life, but what we are seeing now is the importance of planning for the future. I hope that the NC Room collection can count all of you as its supporters, and that you will have a long and productive future together." She said that she has forwarded to the County Commissioners a summary of the comments from the D-OGS members. Bill Reid said that the library is about one-third the size that was recommended in 2001. He said that when the library moves, the Library Director will put the N.C. collection in the new library, though no room was built for it. He said that it is a good time to think about a Heritage Center. He asked the County Commissioners to please give some consideration to this request. Commissioner Jacobs asked if any employees would like to speak because there was a handout with no signature. He thanked staff for coming to speak for themselves. He said that it is important for the Board to know what staff thinks. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations-NONE 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelisser to approve those items on the consent agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments (1) Agricultural Preservation Board — Reappointments The Board reappointed Howard McAdams to a first full term ending June 30, 2012; Spence Dickinson to a second full term ending June 30, 2012; and Patrick McGarry to a first full term ending June 30, 2011 to the Agricultural Preservation Board. (2) Board of Health — Reappointment The Board reappointed Anissa Vines to a second full term ending June 30, 2012 to the Board of Health. (3) Commission for Women — Reappointments The Board reappointed Rae Buckley and Shannon Jackson to first full terms ending June 30, 2012 to the Commission for Women. (4) Orange County Board of Adjustment— Reappointments The Board reappointed Dawn Brezina and Thomas Brown to second full terms ending June 30, 2012 to the Orange County Board of Adjustment. (5) Workforce Development Board-Regional Partnership — Reappointments The Board reappointed Nancy Coston, Bradly Broadwell, Cleon Currie, and Keith Norwood to the Workforce Development Board. c. Mural Painting by Michael Brown for Visitor Bureau Breezeway Entrance The Board approved a mural design by Michael Brown at a cost of $6,500 for the Bentley building, an Orange County building in Chapel Hill that houses the Visitors Bureau and other departments. d. Murphey School National Register Nomination, HP-1-09 The Board approved the National Register Nomination of Murphey School based on the findings of the Orange County Historic Preservation Commission, and authorized the Chair to sign paragraph C of the Elected Officials Comment Form (Attachment#3). e. Soil and Water District Operational Agreement and ERCD/District Partnership The Board confirmed the organizational and administrative affiliation of the Soil and Water District as an Office with the Environment and Resource Conservation Department as approved by the Soil and Water District Board and reflected in the attached organizational chart. The formal affiliation of the Soil and Water District Office and the ERCD is proposed to be effective October 1, 2009 (which coincides with the beginning of the next federal fiscal year). An Operational Agreement, which will include details of a specific two-year partnership work plan, will be completed and brought before the Board for action at the August 18, 2009 regular meeting. f. Voluntary Agricultural District Designation: Quarry Dog Farm This item was removed and placed at the end of the consent agenda for separate consideration. Contract Renewal with Dr. James Miller, DVM, DBA North Churton Street Animal Hospital, for Spay/Neuter Services with the Animal Services Department The Board approved a contract renewal with Dr. James Miller, DVM, to provide spay/neuter surgery services for the Orange County's Animal Services Department at the unit price of $63 per animal during FY 2009-10 and authorized the Chair to sign, pending final review by the County Attorney. h. Contract Renewal with Dr. Marat Dubrovsky, DVM, DBA Nicks Road Veterinary Clinic, for Spay/Neuter Surgery Services with the Animal Services Department The Board approved a contract with Dr. Marat Dubrovsky, DVM, to provide spay/neuter surgery services for Orange County's Animal Services Department at the unit price of $63 per animal during FY 2009-10 and authorized the Chair to sign, pending final review by the County Attorney. i. Contract Renewal with Town of Chapel Hill for County Provision of Animal Control and Emergency After-hour Services and for Pet License Fees Collection The Board approved a contract renewal that provides the Town of Chapel Hill with animal control and emergency after-hour animal services during FY 2009-10 and identifies how pet licenses fees for Chapel Hill residents will be collected and authorized the Chair to sign pending final review by staff and the County Attorney. L Contract Renewal with Town of Carrboro for County Provision of Emergency After Hour Animal Services and for Pet License Fees Collection The Board approved a contract renewal that provides the Town of Carrboro with emergency after hour animal services during FY 2009-2010 and identifies how pet licenses fees for Town of Carrboro residents will be collected and authorized the Chair to sign pending final review by staff and the County Attorney. k. Contract Renewal with Town of Hillsborough for Animal Control and Emergency Animal After Hours Call Services The Board approved a contract renewal to provide the Town of Hillsborough with animal control and emergency animal after hour call services for FY 2009-10 and authorized the Chair to sign subject to final review and approval of the County Attorney. I. Renewal of Animal Services Community Spay/ Neuter Agreement with AnimalKind The Board approved an agreement renewal between Orange County and AnimalKind in the amount of $15,000 that would be expended in FY 2009-10 for the spay and neuter of pets belonging to low income Orange County residents, both those who are clients of the Department of Social Services and those who are not and authorized the Chair to sign subject to final review by staff. m. Orange County Preparedness Agreement Renewal with Person County Health Department The Board approved an agreement renewal with Person County Health Department for the provision of public health preparedness services for Orange County and authorized the Chair to sign. n. Contract Renewal Between UNC Family Medicine and the Health Department for Physician Services The Board approved a contract between UNC Family Medicine and the Health Department for Physician Services and authorized the Chair to sign. o. Contract Renewal with Dr. Robert E. Dupuis for Pharmacy Services for Health Department The Board approved the contract renewal with Dr. Robert E. Dupuis for pharmacy services for the Health Department and authorizes the Chair to sign. Renewal Agreement Between Chapel Hill Training and Outreach, Inc. and the Health Department for Family Service Coordination The Board approved an agreement renewal between Chapel Hill Training Outreach, Inc. and the Health Department for the support of a Social Worker II position to provide coordinated family services to families enrolled in the Head Start Program and authorized the Chair to sign subject to final review by the County Attorney. Renewal Agreement with Chapel Hill Training and Outreach, Inc. and Health Department for Dental Services for Head Start The Board approved a renewal agreement for Health Department provision of dental services for the Head Start Program offered by Chapel Hill Training and Outreach, Inc. in northern Orange County and authorized the Chair to sign subject to County Attorney review. r. Resolution Recognizing The Peoples Channel for Ten Years of Community Service This item was removed and placed at the end of the consent agenda for separate consideration. s. Contract Renewal: The People's Channel The Board approved a month-to-month contract with The People's Channel to continue to telecast Board of County Commissioners' meetings and authorized the Chair to sign. t. Orange County Custodial Services Contract The Board approved a contract with Orange Enterprises (OE Enterprises, Inc.) for custodial services at several Orange County buildings including the Orange County Animal Services Center, Orange county Emergency Services Center, Central Orange Senior Center, County occupied portions of the Gateway Center, and Orange County Office Building and authorized the Manager to sign. u. Renewal of Contract for Household Hazardous Waste Collection Services The Board renewed the contract with ECOFLO Inc. for Household Hazardous Waste and conditionally exempt Small Quantity Generator Waste Collection and Disposal Services and authorized the Chair to sign. v. Lease Renewal — Bradshaw Quarry Solid Waste Convenience Center This item was removed and placed at the end of the consent agenda for separate consideration. w. Lease Renewal: Community School for People Under Six This item was removed and placed at the end of the consent agenda for separate consideration. x. Hyconeechee Regional Library Contract Agreement Renewal and Renewal of Term for Professional Services of Hyconeechee Regional Library System Director The Board approved and authorized the Chair to sign the annual contract establishing the operational and financial responsibility for coordinating library services between Orange, Person, and Caswell Counties and the renewal of terms of the Agreement between Hyconeechee Regional Library System and Orange County to provide professional services for a HRLS Director for a one-year period ending June 30, 2010. Board of Commissioners Meeting Calendar for Year 2009 This item was removed and placed at the end of the consent agenda for separate consideration. z. Smartcard And Camera Security System for Hillsborough Commons Department of Social Services The Board authorized purchasing Smartcard and camera security system for the Hillsborough Commons DSS offices from ProNet Systems, Inc. of Raleigh, North Carolina in the amount of $45,172.86; and authorized the Purchasing Director to execute the contract. aa.Authorization to Purchase Office Furniture for New County Facilities through NC State and/or GSA Contract This item was removed and placed at the end of the consent agenda for separate consideration. bb.Bid Award: Data and Telephone Wiring Project, Hillsborough Commons The Board awarded bid number 1572 to NC Communications, Inc. of Raleigh, North Carolina to furnish and install data and telephone connectivity wiring at the new Hillsborough Commons Building at a total cost of $51,669.95; and authorized the Purchasing Director to execute the necessary paperwork. cc. RFP Award — Telephone System Replacement This item was removed and placed at the end of the consent agenda for separate consideration. dd.Repair of Ice Surface at Triangle Sportsplex The Board authorized the Purchasing Director to exceed the signature limit of $20,000 in order to repair the ice surface at the Triangle Sportsplex and to direct staff to present a budget amendment in the amount of $47,000to provide funds for ice repairs and expected operational expenses through June 30, 2009. ee.Authorization to Pursue Stimulus Funding for a Pre-disaster Mitigation Grant The Board authorized the Floodplain Manager and other County staff members to pursue Stimulus Funding for a Pre-disaster Mitigation Grant and other appropriate grant programs to purchase a single-family residential structure and relocate the building for an affordable housing opportunity. ff. Resolution Opposing Section 10.26 of Senate Bill 202 — "Public Health Improvement Plan" The Board approved a Resolution, which is incorporated by reference, Opposing Section 10.26 of Senate Bill 202, "Public Health Improvement Plan" and authorized the Chair to sign and forwarding the resolution to Orange County's legislative delegation; and directed the Clerk to the Board and the Health Director to draft a letter for the Chair's signature forwarding the resolution to Orange County's legislative delegation. gg_Efland Sewer Resolution Amendment— Rate Increase Schedule This item was removed and placed at the end of the consent agenda for separate consideration. hh.Approval of School and County FY 2009-10 Capital Project Ordinances 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: a. Minutes The Board considered approving the minutes from March 5, 17, and 24, 2009 as submitted by the Clerk to the Board. Commissioner Gordon submitted a correction sheet for the minutes. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the minutes with the correction sheet. VOTE: UNANIMOUS f. Voluntary Agricultural District Designation: Quarry Dog Farm The Board considered an application from Luther Livermon and Karen Bley to certify their farm as qualifying farmland within the Cane Creek/Buckhorn Voluntary Agricultural District. Commissioner Jacobs said that the owners are not here tonight but this farm is in the voluntary agricultural district and he wanted to recognize them. Environment and Resource Conservation Director Dave Stancil explained the voluntary agricultural district. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to certify the Livermon-Bley property, Quarry Dog Farm, as qualifying farmland and designate it as the third participating farm within the Cane Cree/Buckhorn Voluntary Agricultural District. VOTE: UNANIMOUS r. Resolution Recognizing The Peoples Channel for Ten Years of Community Service The Board considered a resolution recognizing The Peoples Channel, which is celebrating ten years of service to the Orange County community. Commissioner Pelissier recognized the People's Channel and thanked the Board of County Commissioners for this resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve a resolution, which is incorporated by reference, recognizing The Peoples Channel which is celebrating ten years of service to the Orange County community. VOTE: UNANIMOUS v. Lease Renewal — Bradshaw Quarry Solid Waste Convenience Center The Board considered the renewal of the lease for the Solid Waste Convenience Center located on Bradshaw Quarry Road at a cost of $400 per month and authorizing the Chair to sign subject to final review by staff and the County Attorney. Commissioner Jacobs asked why the Board should approve this lease if there is a recommendation from staff to close this facility. Laura Blackmon said that the SWCC closing would not occur until October if the Board of County Commissioners closes the center. Commissioner Jacobs said that he would like to flag this and have it on June 16th agenda and hopefully the Board of County Commissioners would decide by then whether or not to open or close it and give one message only. Laura Blackmon said that the Board will have to approve the lease whether it is closed or not because the lease expires on July 1st. Commissioner Yuhasz and Commissioner Gordon agreed with delaying this until June 16th A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to table this item until June 16th VOTE: Ayes, 5; Nays, 2 (Chair Foushee and Commissioner Nelson) w. Lease Renewal: Community School for People Under Six The Board considered renewing a lease through June 30, 2010 for space used as a daycare by Community School for People Under Six at the Northside Center in Chapel Hill and authorizing the Chair to sign. Commissioner Yuhasz said that he has a question about how the decision was made to subsidize this particular facility and not other agencies. He has no problem with this agency, but it is an outside agency that did not go through the outside agency funding process. He wants to flag this for future discussion. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve a one-year lease renewal for space at the Northside facility in Chapel Hill for use as a daycare by Community School for People under Six through June 30, 2010; and authorize the Chair to sign the lease renewal on behalf of the Board. Commissioner Yuhasz included in this a request that the Board be brought additional information on this facility and why it should continue to support it. Commissioner Jacobs agreed. VOTE: UNANIMOUS y Board of Commissioners Meeting Calendar for Year 2009 The Board considered changing the location of Board of Commissioners' Hillsborough meetings from the F. Gordon Battle Courtroom to the Central Orange Senior Center, starting August 18, 2009 through December 2009. Commissioner Nelson said that his main concern with this is this room (the Central Orange Senior Center) which has acoustical problems. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to direct staff to find alternative location(s) for the Board of County Commissioners meetings in Hillsborough. VOTE: Ayes, 2 (Commissioner Gordon and Commissioner Nelson); Nays, 5 The motion failed. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to ask staff to come back with a report on what has been done and what can be done to help remedy the sound situation. Commissioner Yuhasz said that he would like staff to look for alternatives if they arise. VOTE: Ayes, 6; No, 1 (Chair Foushee) Commissioner Jacobs said that he thought the County was dependent on the justice facilities to go back there and the Board needs regular updates on County construction. Commissioner Yuhasz asked about looking into the meeting room at Social Services and all agreed. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve the meeting location changes for Hillsborough from the F. Gordon Battle Courtroom in Hillsborough, North Carolina to the Central Orange Senior Center (adjoining the Sportsplex), 103 Meadowlands Drive, Hillsborough, North Carolina, starting August 18, 2009 through December 2009. VOTE: UNANIMOUS aa.Authorization to Purchase Office Furniture for New County Facilities through NC State and/or GSA Contract The Board considered authorizing the Purchasing Director to affect furniture purchases for three new facilities: Office Building, Library and Hillsborough Commons — DSS offices and authorizing the Purchasing Director to exceed the $20,000 purchase order signature limit as may be required to complete the acquisitions. Commissioner Gordon said that the recommendation does not have any of the financial impact information in it. She would like to include this financial information in the recommendation as follows: "The Manager recommends the Board authorize the Purchasing Director to effect the furniture purchases as may be needed up to the following maximum amounts for the following buildings - Office Building: $375,000; Library: $290,000; Hillsborough Commons DSS Offices: $408,000 —through State Contract and/or GSA vendors; and authorize the Purchasing Director to exceed the $20,000 purchase order signature limit as may be required to complete the acquisitions." A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to approve the recommendation as stated above by Commissioner Gordon. VOTE: UNANIMOUS cc. RFP Award — Telephone System Replacement The Board considered awarding an RFP to Relational Technology Solutions (RTS), Chapel Hill to install an Avaya phone system to serve Hillsborough County offices; and authorizing staff to purchase the necessary switching equipment from a North Carolina State contract vendor or GSA contractor. Commissioner Gordon said that this item is related to item 6-a and she would like to consider this item right before 6a. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to consider this item in conjunction with item 6-a. VOTE: UNANIMOUS gg_ Efland Sewer Resolution Amendment— Rate Increase Schedule The Board considered amending the existing Efland Sewer Resolution by replacing the current rate structure with a new rate structure and a four-year schedule of rate increases. Commissioner Nelson suggested that there is quite a bit of misunderstanding about this issue and he suggested using an interpreter to go out and talk to this community. Laura Blackmon said that Kevin Lindley is working on getting a meeting together with an interpreter. PUBLIC COMMENT: Jennifer McAdoo-Ruffin said that Commissioner Nelson said everything they wanted to say. She said that they have heard the Orange County employees speak about hard times and the people in Efland are facing the same trials. She said that the community is totally against this rate increase. Commissioner Jacobs requested that there be someone from DSS and OCIM when there is a community meeting and that the meeting be held at a public facility. Chair Foushee said that some people may be more comfortable in their own community when having this meeting. Commissioner Yuhasz asked for a brief update on the completion of the Efland sewer project. County Engineer Paul Thames said that they are in the process of getting through the approval process mandated by the grant. Staff is working with the EPA on this. Commissioner Yuhasz asked if there was a way to expedite this process. He is concerned about continued delays because of increased construction costs. Commissioner Jacobs agreed with Commissioner Yuhasz's concerns and he would like a written report when the Board comes back in the fall about this project. He said that Commissioner Yuhasz asked for an update two weeks ago and the Board of County Commissioners needs to get up to speed on this. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to amend the Efland Sewer Resolution by replacing the existing rates with the new rate schedule, as shown in Attachment 1, and that a meeting be held in the community (with an interpreter) to explain what is going on with this issue. VOTE: UNANIMOUS hh. Approval of School and County FY 2009-10 Capital Project Ordinances The Board considered approving School and County capital project ordinances. Commissioner Gordon said that the Twin Creeks item was supposed to come back later because the Board has not approved it yet. Commissioner Gordon made reference to the legal sheets attached to the abstract and page 52. She said that her recollection was that the Link Center Renovations would be paid for by pay-as-you-go funds. Commissioner Yuhasz made reference to the last set of capital project ordinances approved at the last meeting. He made reference to the Chapel Hill-Carrboro City School Capital Project Ordinance on page 8. He asked about Transfers from Completed Projects of $210,000. Donna Coffey said that she does not know about this and she will check with the school system about this. This relates to closed projects from prior years. He wants to know where this money has been. Donna Coffey said that she would provide this information. Commissioner Yuhasz made reference to page 26 and the Transfer to Orange High Track and Football Field Project and said that he cannot find the other side of it that would correspond to the transfers. Donna Coffey said that this was done prior to the current year, and that is how project ordinances are set out. Commissioner Yuhasz said that it would be helpful if the project ordinances were somehow identified so that when they are referenced in another project ordinance that there be some code so that they could be tracked. Commissioner Yuhasz said that page 27 includes the CIP that was approved several weeks ago with the understanding that the specific items approved through this budget item would be held until the Board had an opportunity to consider the budget. The Board has not considered the budget yet. He said that this seems premature. Donna Coffey said that this was not her understanding at the May 5th meeting. Commissioner Jacobs said that his understanding was that the Board was approving page 27 in principle and then would finalize it when it approved the budget. He understood that the amounts were more placeholders and less than decisions. Donna Coffey said that these could be amended at anytime. Laura Blackmon said that some of these will come back in the context of bids or contracts. Commissioner Pelissier said that some of these amounts are presented differently than last time. She said that the Board needs consistent information. Donna Coffey said that last year the Board of County Commissioners approved project ordinances on May 1st and adjustments were made during the budget process. Commissioner Gordon pointed out the first page with the Project Authorized for April 2009 Debt Issuance. She asked why there was a discrepancy between the first page and page 27 for Office and Library. Donna Coffey said that a project ordinance amendment was done after the CIP was issued. Commissioner Gordon said that, to her, bringing back the Capital Project Ordinance is to reaffirm the CIP and not change it. She asked if there would be more changes if this is brought back. Donna Coffey said that if the Board approves this and then wants to amend it, then she will bring it back reflecting the changes. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve County and School Capital Project Ordinances as shown in the abstract. Commissioner Gordon asked to amend the motion to make it clear that it does not include the Lands Legacy project, Millhouse Road project, or the Twin Creeks project but that these items will be brought forward as soon as possible. VOTE: UNANIMOUS 5. Public Hearings a. Zoning Ordinance Amendment Establishing Regulations for Drive-thru Facilities The Board received the Planning Board recommendation and considered taking action on a staff initiated Zoning Ordinance Text Amendment to Article Six (6) Application of Dimensional Requirements to establish regulations governing the development of drive-thru facilities with the County. Orange County Planning Director Craig Benedict made a PowerPoint presentation. AGENDA ITEM: 5-A PUBLIC HEARING Review of a proposal to amend the Orange County Zoning Ordinance to establish regulations for drive-thru facilities ISSUE: •Concern has been expressed over the pollution generated by vehicles idling within a drive- thru lane and what effect this would have on the environment as well as passing pedestrians, •There is also concern over the interaction between vehicles attempting to park versus those attempting to access the drive-thru, •Currently there are no regulations governing the development/use of drive-thru facilities, •Drive-thru facilities are banned within the Hillsborough Area Economic Development District and within the Efland Cheeks Overlay Zoning District (ECOD), which was adopted in 2008 PROPOSAL: Staff recommended adopting regulatory standards that would include the following standards: •Require a fifty (50) foot setback for such facilities from property lines, •Require a twenty-five (25) foot vegetative buffer separating the drive-thru lane from pedestrian and parking areas, •Require that menu boards utilized in connection with drive-thru facilities shall not be visible from external roadways, •Limit the overall number of drive-thru facilities that can be developed within a multi-use non- residential development to one (1) per ten (10) acres with a maximum cap of five (5) per project, •Require one hundred eighty (180) feet of drive isle to support drive-thru facilities, Planning Board Recommendation: The Planning Board reviewed this item at their April 1, 2009 meeting where the following motion was made: •Recommend the County initiate a comprehensive and countywide awareness education program about idling and the contaminants it puts in our air, and •Recommend the BOCC disregard staff's two (2) options and take no action on adopting regulations banning development of drive-thru facilities within the County's planning jurisdiction (Option 1) or adopting comprehensive development standards for drive-thru facilities (Option 2). Administration Recommendation: •Receive the Planning Board recommendation, •If necessary, deliberate further on the proposed amendment, *Close the public hearing, and •Adopt Option Two (2) — specifically adopt the proposed regulations detailed within Attachment One (1) of the packet. Commissioner Pelissier asked if there are possibilities of a standalone drive-thru facility and Craig Benedict said yes. The existing regulations allow this. Commissioner Pelissier said that the Planning Board minutes seemed to be focused on emissions. She said that a lot of it is based on aesthetics of a drive-thru. She said that part of the goal is to encourage walkability and she does not understand why they would want up to five drive-thrus in a mixed-use area given the Comprehensive Plan. Commissioner Jacobs suggested tabling this item. He said that at the public hearing, he asked for information and the Planning Board got the information, but the Board of County Commissioners did not. He wants to see what other governmental entities have done. He said that one Planning Board member thought that the OUT Board had taken up this issue and he would like this information. He said that if the County is serious about an educational effort on emissions, then the school boards should be involved since families sit and wait for children to get out of schools or to drop them off. He would also like some data on whether it is better to turn off cars and then start them up again, or just keep them on. He would also like to know who is going to do the public awareness campaign and with what funds. Commissioner Yuhasz said that he supports Commissioner Jacobs' recommendation to table this item. He is opposed to an outright ban of drive-thrus. Commissioner Nelson said that he does not support Commissioner Jacobs' recommendation. He said that the Board often tables items and drags them out. He said that Carrboro and Hillsborough have already prohibited drive-thru windows. He said that the two issues are walkability and the need to deal with global warming. There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Pelissier to approve option 1: Adopt regulations banning the development and/or use of drive-thru facilities throughout the County's planning jurisdiction. VOTE: Ayes, 3 (Commissioner Pelissier, Commissioner Nelson, and Commissioner Gordon); Nays, 4 Motion failed. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to table this item and wait for additional information that was originally requested, collaborate with the school boards for an awareness campaign to reduce idling, and receive information from the OUT Board regarding these issues. Craig Benedict said that if this is tabled, it would have to be re-advertised. Commissioner Hemminger said that tabling this will be sending a bad message. She does agree with the education campaign. Commissioner Pelissier asked if there is any data that shows that banning drive-thrus does not detract from business operations. Commissioner Nelson said that there is data in Carrboro and they have not been negatively impacted at all. Commissioner Jacobs said that he would entertain an amendment to the motion to include soliciting from Economic Development Directors of governments that have banned drive-thrus information about the impacts. Commissioner Yuhasz agreed with the amendment. VOTE: UNANIMOUS b. Hillsborough — Orange County Strategic Growth Plan — Phase II (Interlocal Agreement Initiative) The Board received public comment on the proposed Interlocal Agreement between Orange County and the Town of Hillsborough pertaining to the jointly prepared Strategic Growth Plan; considered staff comments regarding language proposed and considered taking action as determined on the Agreement. Craig Benedict made this PowerPoint presentation. Hillsborough — Orange County Strategic Growth Plan — Phase II (Interlocal Agreement Initiative) BOCC meeting June 2, 2009 Background: • On-going coordinated planning effort between the Town of Hillsborough and Orange County that began in 2004 • Interlocal Agreement Initiative began in Spring 2008 • Work (a draft interlocal agreement) culminated in early 2009 after several committee meetings and a robust public outreach schedule The draft agreement calls for: • Future adoption of a Joint Land Use Plan (map and text) • Creation of Urbanizing Areas with underlying County authority with Town of Hillsborough Zoning Administration, • Adjustment of the Town's Extra Territorial Jurisdiction (abandonment of some existing ETJ by the Town and the County granting new ETJ), and • Future amendments to the County's Zoning Ordinance and Atlas, as well as Subdivision Regulations. Staff has suggested modifications to the draft agreement for BOCC consideration. ■Attachment 5 contains the suggested modifications in "track changes" format. The modifications are suggested in order to: •Ensure properties in the Orange County Urbanizing Area (orange areas on map) are developed under Orange County standards (jointly developed for this area) prior to annexation into the Town of Hillsborough, and •Ensure Orange County Urbanizing Area representation on the Hillsborough Planning Board and Board of Adjustment. Recommendations • Receive public comments on the proposed Agreement • Consider staff's comments for inclusion into the Agreement (abstract includes path a & b to this recommendation) • Approve the Resolution ratifying the Interlocal Agreement and authorize the Chair to sign the Agreement • Direct staff to move forward on implementation by completing the tasks listed in Article 2 of the Agreement. Craig Benedict said that this agreement is very similar to the one in Chapel Hill and Carrboro. Commissioner Gordon made reference to the map and asked to change the Jordan Lake box to say "Existing 1 unit/2 ac (effective density 1 unit/3 ac)." Commissioner Yuhasz said that he would prefer that it be listed as a zoning requirement. Commissioner Gordon said it could be just left out. Craig Benedict said that this map is not a regulatory map. Discussion ensued on this matter. Commissioner Gordon suggested changing it to "maximum density 1 unit/2 acres." There was consensus to change this language. Commissioner Gordon said that she would be in favor of the amendments. Commissioner Jacobs said that the group made a correction on the map that still has not appeared. There is a waterline that goes down Grady Brown School Road. Commissioner Jacobs said that it would be logical for the Planning Board to make a recommendation before it is enacted. Craig Benedict said that the Planning Board has been involved and there will be mandatory Planning Board involvement for each land use plan amendment, etc. Commissioner Jacobs said that in the future the Planning Board needs to be involved in all land use planning. Commissioner Jacobs made reference to page 18 and courtesy review. He asked if this process was working. Craig Benedict said that he will work with the Manager's Office on getting information about this. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve the proposed Interlocal Agreement between Orange County and Town of Hillsborough pertaining to the jointly prepared Strategic Growth Plan (with the map amendment about density suggested by Commissioner Gordon); include staff's comments in the Agreement, directing staff to work with the Town of Hillsborough to amend the language of the version the Town Board adopted; approve the Resolution ratifying the Interlocal Agreement and authorize the Chair to sign the agreement; and direct staff to move forward on implementation by completing the tasks listed in Article 2 of the agreement, with a note to review the accuracy of the timeline for review with the corresponding jurisdictions. VOTE: UNANIMOUS 4-cc. RFP Award — Telephone System Replacement The Board considered awarding an RFP to Relational Technology Solutions (RTS), Chapel Hill to install an Avaya phone system to serve Hillsborough County offices; and authorizing staff to purchase the necessary switching equipment from a North Carolina State contract vendor or GSA contractor. Commissioner Gordon said that her concern is that this is an increase in the budget and it does not follow the CIP. Donna Coffey said that the $1 million for phones was approved in October 2008 and it is in the debt capacity for Fiscal Year 2009-10. This is not an additional item. Commissioner Gordon said that her argument is that the County is in a dire financial situation. Also, she thinks it would be more appropriate to consider this on June 16th as part of the budget. Purchasing and Central Services Director Pam Jones said that staff has planned to bring this in now for the last couple of years and the phone system is 15 years old. She said that new office buildings are coming on line and there is no way to provide phone service to the facilities. A motion was made by Commissioner Gordon to: - Award an RFP for the complete replacement of the telephone system serving Hillsborough County offices to Relational Technology Solutions (RTS) of Chapel Hill, North Carolina at an estimated cost of $400,000. - Authorize staff to purchase the network upgrade equipment through North Carolina State Contract or GSA at an estimated cost of $175,000. - Authorize the Chair to sign the needed documents following staff and Attorney review. (1, 2, and 5 of the Manager's recommendation — everything but the financial services part) There was no second. The motion failed. Donna Coffey said that the County does not have the money to pay for this in pay-as- you-go funds. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to: - Award an RFP for the complete replacement of the telephone system serving Hillsborough County offices to Relational Technology Solutions (RTS) of Chapel Hill, North Carolina at an estimated cost of $400,000; - Authorize staff to purchase the network upgrade equipment through North Carolina State Contract or GSA at an estimated cost of $175,000; - Authorize the Financial Services Director to solicit a Request for Proposal to finance the system, results to be presented for approval at a later date; - Approve the Reimbursement Resolution; and - Authorize the Chair to sign the needed documents following staff and Attorney review. VOTE: Ayes, 6, No, 1(Commissioner Gordon — because of additional costs and issuance of new debt) 6. Regular Agenda a. Space Allocation for Board of Elections The Board considered the permanent allocation of space at the Government Services Center Annex to the Board of Elections at such time it is vacated; and considered approving funding reallocation to allow office renovation work at the Link Center. Pam Jones said that there has been discussion about space needs since 2000 and the Board of Elections has been suggested to move into the annex- Government Services Center. There is $1 million in the CIP, but the phone system is only going to cost $575,000. The alternative is spending the remaining $425,000 to do as many renovations as possible on the Link Building. There are some timing issues with this proposal. Commissioner Gordon verified that there is 7,000 square feet in the annex and the Board of Elections will need 4,500 square feet just for equipment. Discussion ensued and it was determined that there was in fact money to do the meeting room for the County Commissioners. Commissioner Gordon said that she will vote against this because of the costs of the Link Government Services Center renovations and the associated debt financing. Commissioner Nelson said that there needs to be feedback for staff about the acoustics. He asked that an agenda item come back with the design. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the Manager's Recommendation with the addition that an agenda item come back with the design for the meeting room. The Manager's Recommendation is as follows: 1. Approve the use of the Government Services Center Annex for use by the Board of Elections; 2. Officially rename the facility "Board of Elections Offices"; 3. Authorize a total of $1 million debt financing in fall 2009 to cover costs of replacing the County telephone system ($575,000) and complete Link Center renovations ($425,000); 4. Direct Budget staff to bring the following budget amendments and capital project ordinances to the Board at its June 16, 2009 regular meeting: a. Transfer of HAVA grant monies to the Board of Elections Capital Project to the Board; b. County Telephone System Replacement Capital Project funded with $575,000 in debt financing; and c. Link Center Renovations Capital Project funded with $575,000 in County pay-as-you-go monies and $425,000 in debt financing; and 5. Authorize the Manager and/or Interim Manager to execute contracts, contingent upon County Attorney review, to carry out the upfit work as may be required. VOTE: Ayes, 6; No, 1(Commissioner Gordon - she said that she supports the Board of Elections, but not the costs of the Link Government Services Center renovations and the associated issuance of new debt). b. Transfer of Chrysalis Properties The Board considered approving the transfer of 17 properties currently owned by the Chrysalis Foundation for Mental Health, Inc. to Community Alternatives for Supportive Abodes (CASA); approving the transfer of one triplex to Cross Disability Services, Inc. (XDS); authorizing the appropriation of $145,290 from Community Development Program Income to finance the transfer and stabilization of these units; and authorizing the County Attorney's Office to prepare the necessary documents and authorizing the Chair and the County Manager to execute the necessary documentation and for the Chair to sign. Housing and Community Development Director Tara Fikes summarized this item. This foundation is closing because of financial difficulties. This foundation has provided about $1 million to secure rental properties for persons with disabilities. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve the transfer of 17 properties currently owned by the Chrysalis Foundation for Mental Health, Inc. to Community Alternatives for Supportive Abodes (CASA); to approve the transfer of one triplex to Cross Disability Services, Inc. (XDS); to authorize the appropriation of $153,937 from Community Development Program Income to finance the transfer and stabilization of these units; and to authorize the County Attorney's Office to prepare the necessary documents and authorize the Chair to sign. VOTE: UNANIMOUS c. Rogers Road Small Area Plan Task Force Report The Board received the Rogers Road Small Area Plan Task Force Report, in relation to the Historic Rogers Road community Enhancement Plan Development Monitoring Task Force Report and considered submitting comments to the Town of Chapel Hill. Craig Benedict said that this item was forwarded to the County from the Town of Chapel Hill. The Towns of Chapel Hill and Carrboro, along with Orange County, have been engaged in working with the Rogers Road area for many years. He said that the purpose tonight is to receive this report from Chapel Hill. He also forwarded this report to the other departments, and the comments are included. One of the recommendations from staff is to cross-match the work of the 2007 County Historic Rogers Road Community Enhancement Plan Task Force with the work of the Town's Task Force in a coordinated fashion prior to formation in the local government work group. Commissioner Jacobs pointed out page two where it references "passive recreation" and said that walking on trails is not "passive", but "low-impact." He suggested substituting "low-impact" for"passive." Chair Foushee said that she and the Manager met with Congressman Price last week and one item was to look for funding for the water enhancement for the Rogers Road area, and he wanted to make sure that there was an agreement by all entities. She has emailed the Mayors of Chapel Hill and Carrboro asking for a meeting to discuss how to move forward. Commissioner Hemminger said that a school group met about a school site on the Greene Tract. The school site would have recreational facilities that the neighborhood could make use of. Craig Benedict said that he would research this. Commissioner Gordon asked to include comments of the Board of County Commissioners as well as staff's comments. She made reference to the HS route that has been approved through special funding for this area. She asked for information on where this stands. Commissioner Nelson said that the infrastructure item should be fast tracked in this group. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to receive the Rogers Road Small Area Plan Task Force Report and recommendations of the Report found on pages 20 and 21; authorize the Chair to sign the letter in Attachment 5, with accompanying staff comments in Attachment 3; and authorize staff to create a framework to cross-match the work of the 2007 county historic Rogers Road Community Enhancement Plan Task Force with the work of the Town's Task Force in a coordinated fashion prior to formation in the local government work group. Staff's work should include analyzing timing, phasing and funding issues. VOTE: UNANIMOUS 7. Reports-NONE 8. Board Comments Commissioner Nelson left at 10:10 PM. Commissioner Hemminger said that there has been some confusion on the Board's priorities and goals and she would like to bring them back in the fall for a work session. Chair Foushee said that the Board has not adopted goals, but only priorities. Laura Blackmon suggested doing a retreat in early fall. Commissioner Gordon said that the 2035 Long Range Transportation Plan (LRTP) from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Capital Area MPO (CAMPO) was the result of a joint planning effort to develop a coordinated transportation plan for the region. This was the first time that the two organizations came together to collaborate on a joint plan and that is a significant achievement. There is one document that includes the LRTPs for both MPOs. There still has to be an air-quality conformity analysis by the federal government. Commissioner Gordon said that the OUT Board is doing a comprehensive transportation plan. Also, TTA keeps working on sustainability and there have been some good presentations from UNC students. She has the PowerPoint presentations if anyone is interested. Commissioner Yuhasz said that a couple of years ago there was $10,000 allocated for the Health Department to do a bio-solids study. He said that there is no one in Orange County that is having bio-solids applied to their land that is willing to let the study occur on the land. As an alternative, there is consideration for a symposium that would bring together bio-solids experts to trade information about this. Commissioner Pelissier reminded everyone that some of the budget cuts in the County are affecting things that are related to the safety net services. Specifically, Orange County Partnership for Young Children and the Orange-Person Chatham Mental Health Center are facing serious cuts. This affects child care subsidies and preschool for children at risk. Commissioner Pelissier said that one of the Board priorities is to review the boards and commissions and she said that at the last Human Services Advisory Committee meeting, they are starting to discuss the function and role. Commissioner Jacobs said that the Commission for the Environment had a recommendation about establishing a task force to look at issues related to bio-solids. He said that these efforts should be combined with the Health Department. He suggested inviting Ms. Dayton. Commissioner Jacobs made some suggestions of things to discuss in the fall. Regarding Triangle J COG, two of the top priorities are public transportation and getting a half- cent sales tax and the 50-year regional water plan. Triangle Transit believes that it has been waiting to be invited to come and make a presentation to the County for months. He said that Orange County is way behind as far as knowledge about the Regional Transportation Plan. He wants to get Triangle Transit here to have that conversation. He said that David King, Executive Director of Triangle Transit, wishes that there could be one MPO for the region. Chair Foushee said that she and Commissioner Pelissier met with David King and both she and Laura Blackmon spoke with Triangle Transit about having a presentation at a work session, and they were told that Triangle Transit was not prepared to present. Commissioner Jacobs said that he brought that up with David King and he thinks that there has been a miscommunication. Commissioner Pelissier said that she spoke to David King about this recently and there was one time when Triangle Transit was not prepared, but they were expecting to be contacted with some alternative dates. Chair Foushee said that she was told that they were not ready and they would advise the Board when they were ready to present. Laura Blackmon agreed. Commissioner Pelissier said that this does not make sense because Triangle Transit has made presentations to Wake County. Commissioner Jacobs suggested that this be addressed in the fall. Commissioner Jacobs said that there are two park plans — one for the Blackwood Farm at New Hope and the other for the New Hope Preserve at Hollow Rock. Both of those took a number of years and lots of time and work and they have not been presented to the Board of County Commissioners. He requested that these come back in the fall at a work session so that the Board can review them. Commissioner Jacobs said that he would also like to know what is going on with Jordan Lake rules. Commissioner Jacobs said that the Board has talked about getting on top of federal funding for broadband. He asked for a report to come back to the Board about this. Mr. Sepe was hired by Triangle J and all governments in the region to advise and he offered to come and answer questions and make a presentation. He would like to pursue this with Mr. Sepe. Chair Foushee said that she has also spoken with Congressman Price on the Value- Added Processing Center and the US 70/Cornelius Road Incubator project. He has shown support for these two projects. Staff is supposed to get more information to Congressman Price on the US 70/Cornelius Road Incubator project. Another item for Congressman Price was the breastfeeding program. He will check and see if this funding would recur. Chair Foushee said that she also spoke with Representative lnsko about the State's budget, and how it related to education. Representative lnsko said that traditionally, each year the State is looking for 10,000 teachers, so the elimination of 10,000 teaching positions should have been a wash. She said that she tried to assure Representative lnsko that this is not the case and that Chapel Hill-Carrboro City Schools expects to lay off 48 teachers. There is an article in the Durham Herald today regarding this, and she forwarded this article to Representative lnsko. She said that Representative lnsko said that the Board should continue to advise the constituents to call their legislative representatives for education funding. Chair Foushee said that she and the Manager met with Durham Mayor Bell and the City Manager to talk about the possibility for use of the Durham transfer station. She said that they were less than enthusiastic, but there are some serious inefficiencies at the Durham transfer station related to accessibility. Durham is interested in a partnership if there is expansion of this facility. Chair Foushee said that she also asked Mayor Bell if he would be interested in having the conversation about moving forward with providing infrastructure to the Eno EDD, and he was enthusiastic about that. It was agreed to schedule a meeting to talk about that after the budget cycles. Commissioner Jacobs made reference to the US 70/Cornelius Street project, and said that there was a meeting with a UNC professor and she was going to send some information to County and Hillsborough staff. There are some conflicting ideas about what this facility was going to do —whether it was a business incubator or whether it was a facility that would house existing businesses. 10. Appointments a. Carrboro Northern Transition Area Advisory Committee — New Appointment The Board considered making a new appointment to the Carrboro Northern Transition Area Advisory Committee. A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to appoint Loyd Little to the CNTAAC. VOTE: UNANIMOUS b. Commission for Women — New Appointment The Board considered making one new appointment to the Commission for Women. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to appoint Kathryn Schectman to Position #14, Chapel Hill Township, with a term expiring June 30, 2012. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to appoint Lauren Resnick to Position #6, Hillsborough Township, with a term expiring June 30, 2012. VOTE: UNANIMOUS 11. Information Items • History of County Campus Acquisition • Fire/Rescue /ES Study Update 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Hemminger, seconded Commissioner Pelissier to adjourn the meeting at 10:34 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board