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HomeMy WebLinkAboutMinutes - 20050301APPROVED 4/19/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 1, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 1, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Valerie P. Foushee COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. The meeting began at 7:36 p.m. 1. Additions or Changes to the Agenda Chair Carey reported that Commissioner Foushee was at home sick. Chair Carey pointed out the addition of a closed session to discuss a property acquisition matter. The pink sheet is an item related to the legislative agenda. The white sheet is from the ABC Board Chair, Tom Heffner. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Carol Lorenz spoke about the Center for Women's Health Research and Women's Health Research Day on March 23~d. She is currently the Associate Director for the center. She distributed some information to the County Commissioners. The center was founded in 2000 to begin addressing some of the shortfalls in the area of research of women's health. The event is open to the public and will be held at the UNC Medical Biomolecular Building from 9:00 a.m. - 4:00 p.m. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Gordon reported on several meetings that she had attended. She said that the Recreation and Parks Advisory Council is working on its by-laws. The Intergovernmental Parks Work Group had a meeting and caught up on a lot of programs and projects that are underway. Staff will prepare a summary. The Twin Creeks Work Group had its initial meeting. There was a joint meeting with the Commission for the Environment and the Board of Health and they talked about water resources (Water Resources Initiative) and related health issues. The Board of Health said that they wanted more time to comment on the comprehensive plan. Commissioner Gordon said that Triangle Transit Authority will present a report this evening. One of the things the TTA Board is discussing is a composite master transit plan which will show all of the transit routes in the three counties. She noted that the proposal for the Chapel Hill/Hillsborough route is on the TTA's Operation and Finance Committee Meeting agenda for March 3~d. Commissioner Gordon is encouraging TTA to proceed with the establishment of this route. Commissioner Gordon asked the staff how she got an email account through the County that she did not know about. Someone sent her an email and she did not get it because it was sent to this account. Commissioner Gordon commended the Human Relations Commission on the events they had sponsored, and she enjoyed attending several of these events. Commissioner Halkiotis thanked Chair Carey for the handout from him last night. He said that he thinks the Board needs to discuss the role of County Commissioners serving on boards and commissions during a work session. He thinks it would be helpful to know the statutory requirements where County Commissioners have to serve and what they can and cannot do. Commissioner Halkiotis said that the Senior Center Kitchen Committee agreed on a final kitchen design with the architect. He also told the committee that Chair Carey and Commissioner Jacobs met with Senator Dole's staff and that they would ask for money to help outfit the kitchen, with the highlight that the kitchen will be used for Meals on Wheels and to benefit seniors across the County. Commissioner Halkiotis asked for an update by the next meeting on saving trees at the new middle school and soccer complex in Efland. He has heard that local DOT officials are insisting on moving the road entrance to the soccer site and that they want it further up the road, which would require taking down some trees. He is afraid that if the County is not proactive, there will be a surprise that the trees will be cut. He said that there was an agreement that the County would rather have the entrance road on its side of the property if it meant that more trees could be saved on the other side. He would be very upset if someone counteracted this. He wants an update at the next meeting. Commissioner Halkiotis thanked Commissioner Jacobs for forwarding to him a copy of the notes of the listening session that Chair Carey participated in at the Schley Grange Hall on February 24th. He is totally astounded to hear that newly elected North Carolina House Member, Bill Faison, was already preparing to introduce a bill for district representation for County Commissioners. Bill Faison spoke to the County Commissioners about district representation on January 24th, and the matter was referred to the Manager and staff to bring 2 back in a timely manner the history of how County Commissioners are elected in Orange County, across North Carolina, and the options available. He said that Bill Faison has spent the better part of his life outside of Orange County and does not represent all of Orange County in the North Carolina House. He did not win the house 50-seat vote tally in Orange County, but Commissioner Jacobs did. In Caswell County, Bill Faison did win, but he did not win Orange County. He said that the Orange County Commissioners do represent all of Orange County. Now Bill Faison wants to issue some kind of bullying statement that he is forging ahead with his plans to change how County Commissioners are elected in Orange County. He asked Chair Carey if Bill Faison was indeed preparing to introduce a bill and Chair Carey said yes. Chair Carey said that he asked Bill Faison to forward a copy of the bill to the County Commissioners if he introduced it. He assured Bill Faison that this matter was best dealt with at the local level rather than in the legislature. Commissioner Halkiotis said that he considers this a form of political bullying from Bill Faison, it is uncalled for, and it is totally unacceptable. He feels strongly that there should be a response in writing to him to explain how things are done in Orange County. He said that since Bill Faison is a relative newcomer to Orange County, he needs some historical narrative. He said that he has heard something, which is heresy, that the reason Bill Faison is introducing this bill is because Commissioners Jacobs and Halkiotis do not represent central and northern Orange County because they are not "southern." He said that the County Commissioners have never had to respond this way to any elected official in the State legislature, nor have they ever received information in this manner from any of the representatives. Commissioner Halkiotis said that he has worked with senior citizens closely lately and he has discovered that there is a serious need to have portable defibrillators located at all three senior centers -The Galleria, Northside, and Central. He said that the price is down to $1,500 and the EMS Director can train employees at each site in how to use them. It would give the seniors a sense of security. He wants to purchase these now and not wait until budget time. Commissioner Jacobs thanked the Human Rights and Relations Commission for the Pauli Murray awards this past weekend. This year marks the 20th anniversary of Ms. Murray's death. Commissioner Jacobs said that he attended the annual TJCOG Board of Director's retreat. They decided to create a federal legislative goal to lobby to change the cable television law. So many of the jurisdictions are fed up with Time Warner and they felt it would be useful to lobby federal officials for some changes so that the local governments would have more say in what goes on in the communities. Commissioner Jacobs said that he and Chair Carey attended the volunteer orientation and there were 22 participants. The people were appreciative of the opportunity. Commissioner Jacobs also attended the meeting of the TARPO -Triangle Area Rural Planning Organization. They met in downtown Sanford in a newly refurbished train station, around which has been built a central park. Commissioner Jacobs said that he went to a meeting hosted by the Human Relations Commission on the social justice goal and three commissioners attended. The group found that it will be unusual to have a social justice goal at the county level, and were warned that it was considered to be out of step with the tone of government in the United States at this time. Commissioner Jacobs said that he received some information from Maria Tadd, a former Planning Board member, that there is a grinder operation proposed just south of the Orange County line in Chatham County on Jones Ferry Road that would involve grinding demolition waste. There was some question as to whether the waste is going to be sorted and what would be ground and released into the air. There will be a lot of truck traffic on Jones Ferry Road, which is a very curvy road. This will be up for discussion with the Chatham County Commissioners shortly. He suggested that either the Planning Director or the Manager communicate with the Chair of the Chatham County Commissioners and make sure that there is an opportunity for citizens to speak to this issue. Commissioner Jacobs agreed with Commissioner Halkiotis about writing a letter to Bill Faison expressing concern that local government is the best place to make local decisions. Chair Carey commended the members of the Human Relations Commission on the events that were sponsored. Chair Carey attended the OPC Mental Health board meeting. He said that there are a lot of anxieties related to the transition to an LME that the State has required all counties to move toward. He is optimistic that they will take this slowly and do it right so that no citizens fall through the cracks of care. Chair Carey said that the listening session on February 24th was an extraordinary event. There were 68 people that signed up and participated. He thanked everyone for coming. The topic of district elections was the main discussion item and Representative Faison was there and stated that he was drafting a bill and that he was facing the bill deadline in the house and he wanted to know if the County Commissioners were going to take any action before this date. Chair Carey informed him of the timeframe and the process that is normally followed, which includes at least two public hearings. He said that he would write a letter to Representative Faison and share it with the other legislative representatives, and it will be a public document. Chair Carey said that the County Commissioners have been getting a lot of communication from both Durham County and Orange County citizens related to the Erwin Trace development, which borders on the county line. There are some people that are being led to believe that the Orange County Commissioners can unilaterally derail that project by making a decision that they are not going to permit any utility in the rural buffer. He has consistently tried to tell people that the County Commissioners have not been asked to approve any kind of public utility service in the rural buffer. It is the policy, based on the joint planning agreement, that there is no service in the rural buffer. He asked County Attorney Geof Gledhill to clarify the policy from a legal viewpoint. Geof Gledhill said that there has been a plan presented to Orange County for consideration, which has not come before the Board yet, that includes a water line that would serve Erwin Trace development, all of which would be located in Durham County. He said that the joint planning agreement, which is between Orange County, Chapel Hill, and Carrboro, has incorporated into it the Water and Sewer Management Planning and Boundary Agreement. This agreement prohibits public water or public sewer service anywhere in the rural buffer. It does not prohibit the extension of water or sewer lines in the rural buffer, but service within the rural buffer. A utility could run a line through the buffer or touch the buffer with a line and serve homes that were not in the rural buffer. With respect to Erwin Trace, there is nothing proposed for public sewer coming into Orange County. The only utility is a water line. The water and sewer agreement also has Hillsborough and OWASA as parties, and those governments have also agreed that there will be no public water or public sewer service in the rural buffer. There is another layer of agreements that includes the annexation boundary agreement between the City of Durham and the Town of Chapel Hill. Durham is not permitted to annex into Orange County in this area and Chapel Hill is not permitted to annex into Durham County in that area. OWASA has a utility agreement with the City of Durham that says, with respect to providing public water and public sewer, OWASA will not go on Durham's side and the City of Durham will not go on the Orange County side of this boundary without permission of the other party. 4 He said that there are many layers of planning documents, which prohibit public water or public sewer service in the rural buffer. These same agreements do not prohibit extension of public water or public sewer lines in the rural buffer, so long as service is not going to be provided in the rural buffer. Regarding the development, the County Commissioners have not seen the project for consideration because there has been no indication from the City of Durham as the proposed utility provider for this subdivision that it will serve this subdivision with public water or public sewer. He has been told that the Erwin Road route for this water line is preferred by the City of Durham. He has also been told that there is another alternative available. Chair Carey asked the Manager to ask the County Engineer to seek some clarification on the possible routes for this water line. Commissioner Gordon said that her understanding is that the City of Durham has not agreed to extend water and sewer. It is also her understanding that it would be their policy to require the line to go along a roadway but, at their discretion, it would be possible for the line to go entirely within Durham County. She said that the water line does not have to go into the rural buffer in Orange County for this development to succeed. She thinks that a separate issue is the interpretation of what the joint planning agreement says. She is not in favor of extending lines into the rural buffer and this should be made clear that it is not the practice and is not consistent with the joint planning agreement. She thinks that the intent of the agreement was not to even extend lines into the rural buffer except in certain very limited circumstances. She is curious as to whether someone could break all of these agreements by demanding a line. Geof Gledhill said that, with respect to the language in the water and sewer boundary agreement, the use of the word "lines" as opposed to the use of the word "service", was a negotiating point in the agreement. Both of the utility providers -Hillsborough and OWASA - wanted the flexibility to be able to extend lines into the rural buffer and any interest area if it was necessary to reasonably serve service areas. The agreement between OWASA and the City of Durham is more explicit. With respect to some developer breaking the agreement by forcing one of the utility providers to provide service, he said that they have done everything that a case law across the country says to do in order to make sure that public water and sewer does not bust a land use plan. Commissioner Halkiotis said that he has a real problem in making something easy for somebody in Durham that will involve the rural buffer. He has no moral obligation to bail Durham out. Commissioner Jacobs asked that a report from the County Engineer be ready by the meeting of the Durham-Orange-Chapel Hill Work Group on March 9th. John Link said that he would try. Commissioner Jacobs pointed out that there are already lines that run through the rural buffer. He agreed with Commissioner Halkiotis and said that none of the County Commissioners would take any action that would undermine the agreements that took so much work to create. Commissioner Gordon reiterated that she is a strong supporter of the rural buffer and she thinks there should be no public water and sewer in the rural buffer. 4. County Manaaer's Resort John Link said that if the Board concurs with Commissioner Halkiotis, then he would move expeditiously with the defibrillators at the senior centers. Commissioner Jacobs suggested that at least one person in each building knows how to use them. John Link made reference to the grinding operation and said that he would send a letter to the Chatham County Manager asking about this timeframe and share it with the Board of County Commissioners. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from the February 1, 2005 regular meeting as submitted by the Clerk to the Board. b. Appointments (1) Adult Care Home Community Advisory Committee -Two Reappointments The Board reappointed Frances Kovens and Jerry Ann Gregory to the Adult Care Home Community Advisory Committee to first full terms expiring March 31, 2007. (2) Hyconeechee Regional Library Board of Directors -One Reappointment The Board reappointed Gloria Jennings Shanklin to the Hyconeechee Regional Library Board of Directors to a first full term expiring March 31, 2008. (3) Information Technology Advisory Committee -One Reappointment The Board reappointed Jane Sparks to the Information Technology Advisory Committee to a second full term expiring December 31, 2007. c. Jail Inspection Report The Board received the jail inspection report for January 18, 2005 from the North Carolina Department of Human Services. d. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to four (4) requests for property tax refund 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) requests for 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 2004 Board of Equalization and Review has adjourned in accordance with the resolution, which is incorporated by reference. g_ Cost Allocation Plan Contract The Board approved a contract with MAXIMUS, Inc. for the preparation of Orange County's Cost Allocation Plan, subject to final review by staff and the County Attorney, and authorized the Chair to sign. h. Housing Rehabilitation Contract Award The Board awarded two housing rehabilitation contracts for the HOME Program Housing Rehabilitation Program and one contract for the CDBG Scattered Site Housing Rehabilitation Program as follows: Triple J Construction Company at 118 S. Graham St., Chapel Hill for $37,125 and at 105 Roberts St., Carrboro for $38,233.60; and J&R Home Improvements at 309 Barnes St., Carrboro for $18,575. 6 i. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by changing the date of the Clerk's annual evaluation from May 31, 2005 to June 2, 2005 at 5:30 p.m. at the Government Services Center in Hillsborough, N. C. (prior to the 7:30 p.m. BOCC Budget Public Hearing at F. Gordon Battle Courtroom in Hillsborough, North Carolina). L Hampton Pointe Recycling Site The Board endorsed plans to develop a permanent recycling drop-off site at the Hampton Pointe shopping center in Hillsborough and authorized the Manager and staff to develop and enter into a memorandum of understanding with Hampton Pointe/Home Depot regarding responsibilities for operation, maintenance, and related issues for the recycling center. k. The Community Backyard: Endorse 2005 Drug Free Communities Support Grant Application The Board approved a Letter of Support to The Community Backyard fora 2005 Drug Free Communities Support Grant and authorized the Chair to sign. I. Agreement for Consulting Services for OPC Director Search The Board approved the engagement of Developmental Management Associates to provide consulting services in support of the search process for OPC (Orange, Person, Chatham) Mental Health Director in a total amount not to exceed $9,000, to be funded in one third shares by Orange, Person, and Chatham Counties; authorized the Chair to sign the memorandum of agreement, subject to the review of staff and the County Attorney; and approved an amount up to $3,000 from the Commissioners' Contingency Fund for this purpose. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Resolutions or Proclamations a. Women's History Month The Board considered officially recognizing March 2005 as Women's History Month and authorizing the Chair to sign. Director of Human Rights and Relations Milan Pham acknowledged the Chair of the Commission for Women, Arthrell Dupree Sanders, and Jessica Gibson, Co-Chair of the Women's History Month Subcommittee. Jessica Gibson thanked the County Commissioners and invited them to attend the celebration on March 19th from 11:00 a.m. - 2:00 p.m. at Carrboro Century Center. Commissioner Gordon read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to recognize March 2005, as Women's History Month and authorize the Chair to sign the proclamation as stated below: WOMEN'S HISTORY MONTH PROCLAMATION WHEREAS, American women of every culture, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; 7 WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS, American women of every culture, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and WHEREAS, the Orange County Board of County Commissioners on March 25, 1976, established the Orange County Commission for Women to promote the growth and development of all Orange County women and the Commission has been doing that for more than 25 years; Now, THEREFORE, do we, the Board of Commissioners of Orange County, North Carolina hereby proclaim March 2005 as "Women's History Month" and commend this observance to Orange County citizens. THIS THE 1Sr DAY OF MARCH, 2005. VOTE: UNANIMOUS Commissioner Halkiotis thanked the Human Rights and Relations Department for all that they do, especially in light of some recent hate crimes. 7. Special Presentations a. ABC Board The Board received a brief presentation from Tom Heffner, Chair of the ABC Board. Tom Heffner distributed a handout that had graphic information on sales and distributions of the ABC Board. He said that the board is an independent, political subdivision of the State of North Carolina that purchases, distributes, controls, and sells spirituous beverages to the eligible citizens and visitors of Orange County. The united goal is to achieve a balance in four areas: providing the highest level of customer service, maintaining a dedicated work force, contributing net profits to designated Orange County systems, and maintaining sufficient working capital for expansion and improvements. This is accomplished through six retail stores, four that are owned and two that are leased, using 25 full-time employees and 9-11 part-time employees. In the past year, the single most important accomplishment of the board has been updating and republishing the board's policy and procedure manual. There were other accomplishments, as stated in the handout. The board distributed net profits of almost $543,000 last fiscal year, including $70,452 to the Sheriff's Department; $72,156 to the City and County school systems; and $400,000 to the Orange County General Fund. In addition, they collected and paid out over $2,000,000 in total taxes, which were related to gross sales in the last fiscal year. Budgeting distributions of net profits for the current fiscal year are over $579,000. He then read over the activities scheduled for the next 18 months and emerging issues that the board has identified and plans to address. The available cash as of January 31, 2005 is $879,000 and working capital as of June 30, 2004 is $1,241,613. Commissioner Halkiotis asked about the total gross sales and Tom Heffner said that his recollection is that for last fiscal year, the total retail sales and liquor by the drink sales was slightly under $10 million. Commissioner Halkiotis said that he is happy to see that the retiree health insurance can stay in place and that they are still able to make the general fund contribution. Commissioner Jacobs thanked Tom Heffner for coming. He said that it is good to re- establish communication, since there has been a loss of contact over the past few years. He said that there is a legislative goal and it is consistent with the ABC Board's philosophy. He said that the County has hired an accounting firm to look at County operations and the two school systems and the consultant is looking at aggregating banking services in order to get better rates. This might also help the ABC Board. b. Triangle Transit Authority Annual Report The Board received a status report from the Triangle Transit Authority (TTA) regarding TTA's regional programs and the Regional Rail Project. Commissioner Alice Gordon is Orange County's representative on the TTA Board of Trustees. Executive Director of TTA John Claflin pointed out the packet of information from TTA. He made a PowerPoint presentation -Orange County Board of County Commissioners Annual Update. TRIANGLE TRANSIT AUTHORITY Organization - Jurisdiction includes Durham, Orange, and Wake Counties - 13-member Board of Trustees Regional Funding Source - $5 vehicle registration fee o subsidizes bus, vanpool o approximately $5 million/year - 5% rental car tax o subsidizes regional rail project o approximately $7 million/year Regional Programs 9 - Bus, shuttle, and paratransit service - Commuter resources: vanpool, carpool, and transportation demand management (TDM) - Long range transportation planning - Regional rail transit system (2008) PERFORMANCE INDICATORS Bus/Shuttle Service - 711,117 annual boardings - up 6.5% 2004 vs. 2003 - 8 average passengers per hour - up 17% 2004 vs. 2003 - 2,680 average weekday boardings - New regional pass program for regular riders - Pass program at UNC and NC State - Working with State Government for pass program Vanpools - 320,694 riders - up 5% 2004 vs. 2003 - Currently running 58 vanpools Paratransit - Ridership up over 692% over `03 COMPOSITE MASTER TRANSIT PLAN Objectives - To document and prioritize major investments in region-wide transit projects - Serves as regional master plan for transit development, land use policies, and programs to support transit - Used to advocate for funding to support major transit investments Process - Outgrowth of the MPO LRTP process - Input from decision makers, community, and stakeholders - Identifies financing and costs, project schedules, and responsible agencies REGIONAL RAIL PROJECT SCOPE CHANGES Project Re-scoped - From 16 stations (35 miles) to 12 stations (28 miles) Primary Factors - Rental Car Tax revenue source has remained flat and in some years declined - Change in IRS code removes option to defer depreciation and net approximately $28 million in revenue - Increasing costs for steel, cement, and other materials has affected construction costs, causing an increase in the budget The regional rail project consists of 12 stations, 28.1 route miles, 27 bridges, and 33 grade crossings. 10 RAIL PROJECT STATUS Final Design - 90% complete plans for all nine sections submitted for review to TTA and stakeholders - Station site plan submittal process underway Rail Operations Maintenance Facility - Design-Build method of procurement - One responsive price proposal received. Negotiations (within state bidding laws) underway Rail Care Procurement - TTA Board award to UTS at November 17th Board meeting - Negotiating purchase of 14 married pairs in initial order with options to purchase two additional pairs Construction - ROMF -contingent upon LONP date - Rail Project - as soon as fall `05 Art in Transit - Selection of artists in spring `05 Revenue Operations - Scheduled opening in late 2008 STATUS OF AGREEMENTS Railroads Agreements - NCRR & CSX Agreements -completed - Norfolk Southern O&M and Construction Agreements forecast completion March 2005 Master Utility Agreement - Final draft to be submitted to NCRR in March 2005 Status of Interlocal Agreements - Final draft agreement released to stakeholders for review - Meetings with local governments ongoing STATUS OF FTA NEW STARTS REPORT TO CONGRESS FOR FY'06 Recent New Starts Submission: sent to FTA in August 2004 Cost Effectiveness - Ratio between ridership and project cost must be feasible - A factor of the competitive process for Federal funding Project Budget = $631 million (2004$) 11 Opening year (2008) ridership = 4.1 million TTA and FTA working together to resolve regional transportation modeling issues NEW STARTS REPORT/MODEL ISSUES TTA working with FTA and consultants to evaluate model elements Due to deadlines, FTA will assign a "not rated" rating in the February report to Congress ("not rated" preferable to "not recommended") FTA will evaluate other project elements and provide updated rating to Congress upon resolution of model issues Impact on project schedule undetermined Strong Congressional support - $20 million in the federal FY'05 budget; federal appropriations to date -approximately $85 million Commissioner Halkiotis asked about preferred rolling stock and if anything has changed in the technology. He made reference to the hybrid buses that run in New York City. John Claflin said that they use clean burning diesel, but it is still diesel powered. The hybrid does not provide enough horsepower. Commissioner Jacobs asked if there are any current efforts to advance a legislative agenda in the N. C. General Assembly to generate additional revenue for TTA. John Claflin said that the Regional Transportation Alliance is working on something right now and TTA has been partnering with them. There is a strong movement by this group to bring forth legislation that would allow a local option for each of the counties to determine what they would like in the form of new revenues applied to highways and transit, pedestrian, and bicycle projects. Chair Carey said that the mayors initiated this a few months ago, and the county board chairs addressed it last month. There will be a joint letter from the county board chairs indicating the preference for the new revenue source. Commissioner Jacobs asked if there has been any support from Senator Dole and John Claflin said that they have received excellent support. Senator Dole is a very strong advocate for transit. c. Report on Human Services Issues Forum 2004 The Board received the final report on the proceedings of the Human Services Issues Forum held on September 8, 2004 by the Human Services Advisory Commission (HSAC). Co-Chair of the Human Services Advisory Commission Linda Tuday made this presentation. The forum was on volunteerism. Linda Tuday made reference to the report on volunteerism. There were new components to the forum this year. One component was graphic reporting and to be able to show the journey that occurs during the day. The second component was to have an interactive dialogue. There were a lot of good ideas generated from the panels and the lunch discussion. She read the recommendations to the Board of County Commissioners. Commissioner Jacobs asked for a reproduction of this report and that it be given to the County's volunteers at orientation. 12 Commissioner Halkiotis said that the graphic artist, Carol Vollmer, has captured the forum very well with the graphics. He asked that she be considered to serve as the facilitator for the County Commissioners' retreat next year. 8. Public Hearings a. FY 2005 CDBG Program -IDA Program The Board received comments from the public regarding the development of a FY 2005 Community Development Block Grant (CDBG) Application for funds for an Individual Development Account (IDA) Program. Housing and Community Development Director Tara Fikes introduced this item. The North Carolina Department of Commerce announced the availability of up to $70,000 in CDBG funds for this purpose. The program allows low-income families to save money towards purchase of a first-time home, and the savings are matched by both public and private sources. This is an opportunity to receive comments regarding the development of a new IDA program application. PUBLIC COMMENT: NONE A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing and for staff to proceed with development of a FY 2005 Community Development Block Grant Application for funds for an Individual Development Account Program. VOTE: UNANIMOUS b. Orange County's 2005 Legislative Agenda The Board held a public hearing on 1) potential items for inclusion in Orange County's legislative agenda package for the 2005 North Carolina General Assembly Session and to consider approval of draft resolutions and funding requests for presentation to the Orange County's legislative delegation; and 2) on potential items/projects to request federal funding/assistance. Geof Gledhill said that the legislative package includes three specific pieces of legislation: 1. Authorize County Commissioners to levy an impact tax on land development. 2. Allow Orange County to levy an excise tax on conveyances in an amount not to exceed 1%. 3. The yellow sheet (in packet) contains three acts: a. An act to make technical corrections and conforming changes to the general statutes. b. An act to authorize the regulation of the removal of natural sound barriers adjacent to interstate and primary North Carolina highways. c. An act to clarify the existing delegation of authority to counties and to confirm flexibility in the execution of those delegated authorities. He made reference to the orange sheet and said that the items with double asterisks are new initiatives. He described some of these new initiatives (EFNEP, child support enforcement, per pupil funding, etc.). 13 Commissioner Gordon asked for an explanation on the per pupil funding item. Geof Gledhill said that the way it works now is that counties have to make their per pupil funding decisions based on estimates of what the number of students are going to be. This item is proposing that the per pupil funding would be based on the actual number of students as of a specific date. Commissioner Gordon made reference to pages 8 and 9 and suggested some rewordings. Chair Carey asked Commissioner Gordon to write this up and give it to the staff, and Commissioner Gordon did this. Commissioner Gordon made reference to #30, "Support a public referendum on the question of a lottery to provide funding for education," and said that the point is that the County Commissioners want a public referendum on the question of lottery, and not that the County Commissioners necessarily support the lottery or not. She suggested some alternate wording as follows: "Support the following position: If the legislature decides that a lottery is appropriate, it should conduct a public referendum on the question of the lottery to provide funding for education." Commissioner Halkiotis said that he likes it the way it is because he supports a public referendum period. He supports a lottery for the purpose of providing funding for education. Commissioner Jacobs agrees with Commissioner Halkiotis about supporting the public referendum. He would rather support horse racing than a lottery because he thinks it would help grow North Carolina industry. He thinks it should go to the voters. Chair Carey said to keep #30 as it is written. Commissioner Gordon stated that she has concerns about a lottery. Geof Gledhill asked Commissioner Jacobs to speak to the new initiatives about elections. Items 31-37 are new and relate to elections. Commissioner Jacobs said that the committee tried to address the problems that arose in the last few elections and insisted that it was important to have a paper trail. There are some other things to open up the opportunity for state employees and to encourage local government employees to be able to serve as poll workers. There was an attempt to make sure that any initiative by the State to mandate a certain level of service would be accompanied by a State fund. Geof Gledhill said that other new initiatives relate to supporting State funding for public libraries, supporting a ban on video poker or an alternative to provide the money, legislation in increasing flexibility for use of 911 fees, and supporting the Association of County Commissioners' goals for Medicaid relief. There are also things the County is looking for help for from the State -the arts studio at Northern Human Services Center and the Homestead Road/Rogers Road sidewalks. There are also funding requests for help with the kitchen at the senior center at the Southern Human Services Center, and a request to Representative Price concerning funding the Orange County Heritage Center. The light pink sheet is regarding a request from the Historic Preservation Commission. Tina Moon from the Planning Department introduced this issue. A North Carolina Rehabilitation Pilot Code was adopted as a trial period and is scheduled to sunset in January 2006. The purpose of the code is to help bring old buildings up to building code standards. The new code is designed to break down the code based on what the owner is trying to do. This becomes an issue in commercial districts when safety is an issue with older buildings. This code has forced the preservation community to have a better dialogue with inspectors. The message is that this code can benefit historic preservation and they would like to explore the concept of adopting the code. 14 Commissioner Gordon made reference to the section 8 housing issue and the question of whether a landlord could discriminate against someone that has section 8 funding. Geof Gledhill said as long as there is no other protected class involved. Senator Kinnaird has a concern about this and asked about Orange County's position. Commissioner Jacobs said that he mentioned to Senator Kinnaird that the Board could ask the Human Relations Commission to look at this issue. It could also be brought to the attention of the news media. Commissioner Jacobs made reference to the rehab code and said that it might be useful. He can see that there will be concerns raised by counties about training for inspectors. He said that it would be good if Orange County could provide some contact information and the Code Enforcement Supervisor can continue to work with the historic community, and as they work through it, they can provide information on the experience. This might be a service to other counties. PUBLIC COMMENT: Damon Seils, Vice-Chair of the Human Relations Commission, spoke about the human rights issues for the legislative agenda. He made reference to the man from the homosexual community that was beaten in Chapel Hill and said that today there was a candlelight vigil in Chapel Hill for this man. The victim is recovering with his family, but he is afraid to return to Chapel Hill. He said that the Chapel Hill Police classified it as a hate crime. Unfortunately, the State government does not recognize sexual orientation as a protected category in the hate crime statute. He asked the County Commissioners to encourage the legislators to enact a comprehensive hate crimes law, so that North Carolina can join the 29 states that have already done so. He also hopes the County Commissioners will oppose the constitutional amendment now before the General Assembly. Both the senate and house versions of this bill would disallow same-sex marriages and also domestic partnerships and all other similar arrangements. This would affect domestic partner health insurance benefits. Commissioner Halkiotis said that he has no problem in putting all of this into the legislative package. The Board agreed to add these to the orange-colored resolution sheets. Noah Rannells is the Vice-Chair of the Ag Preservation Board. He distributed a handout. The feedback is from the Ag Preservation Board in previous meetings, the Carolina Farms Stewardship Association, American Farm Bureau National Campaign for Sustainable Agriculture, and American Farmland Trust. He said that he supports the conveyance tax mentioned earlier. He summarized the items on the list, which is incorporated by reference. He highlighted items 2-d; 3-f, g, and h; 4-b; 5-b; and 7-a and c. He said that if the County Commissioners specifically want the Ag Preservation Board to follow up on particular items, he would take it back to them. Commissioner Halkiotis asked for an explanation of item 2-d. Noah Rannells said that he knows that the State Cooperative Extension Specialist has read it and supports it. He hopes that it reduces the liability, which would reduce the insurance. Commissioner Jacobs suggested taking the list to the Ag Preservation Board and boil it down. Commissioner Jacobs pointed out the first two revenue items on the orange sheet because they seem to be part of the Governor's proposed revenue enhancements. He thinks 15 the talk about increasing the cigarette tax is important and that a portion of these revenues should be dedicated as a funding source for the Farmland Preservation Trust Fund and for promoting agriculture. Similarly, there is talk of increasing the tax on beer, and a portion of those revenues could be dedicated to mental health and substance abuse rehabilitation treatment programs. Commissioner Gordon asked if there is any pending legislation. Geof Gledhill said that there are several cigarette tax bills. He does not know about the alcohol ones. Commissioner Gordon asked about the rehab code and what was going to be done about it. Commissioner Halkiotis said that he liked this, but he would like more lead-time. He would like to hear from some people that are owners of old facilities. Chair Carey suggested just passing the pink sheet (memo about rehab code) to the legislators. Noah Rannell made reference to item 42, and suggested adding to it as opposing unfunded mandates for local governments such as pollution management strategies related to water quality for both the Neuse River and Jordan Lake Watershed. The Board agreed. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing on potential items for inclusion in Orange County's legislative agenda package for the 2005 North Carolina General Assembly Session and approve the three draft resolutions. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Schools Adequate Public Facilities Ordinance (SAPFO) -Approval of Annual Certifications The Board considered a review of the Annual Report from the Schools Adequate Public Facilities Ordinance Technical Advisory Committee (SAPFOTAC); and provided appropriate direction to the Manager and staff. John Link said that, as part of the provisions of the memorandum of understanding by the County, the school systems, and other municipalities, the Schools Adequate Public Facilities Ordinance Technical Advisory Committee has the responsibility each year of developing a report that outlines changes in actual membership capacity, student projections, and their collective impact on future issuances of certificates of adequate public schools (CAPS). He pointed out that their recommendation is to continue with the K-3 class size of 23 students to one teacher, knowing that the General Assembly made a decision to reduce the number of students to 21 students to one teacher, without any additional funding, provided to the County. Rod Visser said that, regarding the capacity situation, there is going to be a need for a group to meet and try to resolve before next November how capacity should be determined. The documents are based on the 23:1 ratio in K-3. He pointed out the major points in the report. Commissioner Halkiotis asked for the review from Geof Gledhill, which highlighted the issue of unfunded mandates from the State. He thinks it is outrageous that the Governor made this unilateral decision. 16 Commissioner Gordon said that it is important to address the General Assembly's class size reductions at some point since determination of capacity at the state-mandated class size of 21:1 does make a difference. The change will especially affect the CHCCS elementary schools since they are more crowded than the OCS elementary schools. Also, she asked that the charts be run for 2004-2005 on pages 46, 47, and 51. Commissioner Jacobs thinks that they need to look at the issue of how to address this class size mandate. Chair Carey said that at some point he will ask the staff to run these same numbers for one school system in this County and Commissioner Halkiotis seconded this. Rod Visser said that there is a requirement in the MOU that this report gets referred to each partner for comments. This is the next step. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Annual Report from the Schools Adequate Public Facilities Ordinance Technical Advisory Committee (SAPFOTAC); and to transmit this document with comments to the other governing bodies. Commissioner Jacobs added that the County Commissioners' comments made also be transmitted, including that the Governor's budget includes taking some of the existing school construction money and re-appropriating it for other uses. VOTE: UNANIMOUS b. Approve the Contract for Professional Planning Consultant Services for the Development of a Countywide Transfer of Development Rights (TDR) Program The Board considered approving the contract and scope of services for professional planning consultant services for the Louis Berger/UNC-Charlotte Urban Institute group to assess the feasibility of a Transfer of Development Rights (TDR) program for Orange County for a sum not to exceed $39,100 and authorize the Chair to sign. Blue sheet -revised abstract. Craig Benedict said that on December 14th, the Board voted unanimously to ask staff to begin negotiations with Louis Berger Group and UNC-Charlotte Urban Institute about a contract to provide a scope of services that will handle two phases of the research program. The first phase is background research and developing economic analyses. The second phase is more technical and involves further public outreach and a task force. This study will determine whether a TDR program is feasible or not. If it is determined to be feasible, there will be another phase of implementation. The cost of the contract is $39,100. Commissioner Gordon asked about phase 3 and Craig Benedict said that it would involve looking at the zoning code to find out how the process would occur. Commissioner Gordon asked how much phase 3 would cost. Craig Benedict said that it might be another $20,000. He said that this consultant provided the most services for the money. Commissioner Jacobs said that he has talked with Craig Benedict about slowing down the work of the Efland-Mebane Work Group so that the consultant can come and talk to that group about what TDR might entail. 17 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the contract and scope of services for Louis Berger Group, Inc., to complete Phases and 2 of the TDR feasibility study for a lump sum not to exceed $39,100 and authorize the Chair to sign the contract, subject to review by staff and the County Attorney. VOTE: UNANIMOUS Chair Carey asked that the Board defer the rest of the items until the next meeting. The Board agreed. c. Conceptual Plan Approval: Solid Waste Operations Center Building The Board was to consider endorsement of the proposed building conceptual plan for administrative offices of the Solid Waste Department, provide any additional guidance for staff, and endorse the plan so that staff can proceed to submit a contract for architectural services for the Board's consideration at a subsequent meeting. DEFERRED d. Appointments (1) Orange County Planning Board -One New Appointment The Board was to consider one new appointment to the Orange County Planning Board. DEFERRED (2) Chapel Hill Board of Adjustment -Two New Appointments The Board was to consider new appointments to the Chapel Hill Board of Adjustment. DEFERRED (3) Chapel Hill Planning Board -One New Appointment The Board was to consider one appointment to the Chapel Hill Planning Board. DEFERRED (4) Arts Commission -Four New Appointments The Board was to consider new appointments to the Arts Commission. DEFERRED (5) Human Relations Commission -Three New Appointments The Board was to consider new appointments to the Human Relations Commission. DEFERRED: (6) Alcoholic Beverage Control Board (ABC Board) -One New Appointment The Board was to consider one new appointment to the Human Relations Commission. DEFERRED 10. Reports-NONE 11. Closed Session A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to go into closed session at 10:30 p.m. for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to reconvene into regular session at 11:00 p.m. VOTE: UNANIMOUS 18 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board 19