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HomeMy WebLinkAboutMinutes - 20050201APPROVED 3/1/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 1, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 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 Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Item 6-a was removed from the agenda. This is dealing with the Millard Fuller resolution. Item 9-d-3 (purple sheet) is a revised abstract. Item 9b (blue sheet) is a revised abstract. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. a. Matters not on the Printed Agenda -NONE Public Comments b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Foushee - no comments. Commissioner Halkiotis said that the Kitchen Subcommittee of the Senior Center Design Committee would be meeting on February 2nd at 1:30 p.m. at the Galleria to resolve some issues about the size of the kitchen and the types of equipment. Commissioner Halkiotis talked about his frustration with some issues about how meetings are scheduled. He would like to make sure that all department heads send information regarding Commissioner participation on various boards and commissions to individual Commissioners to see if they are available on certain dates. This information should go to the Clerk so that it can be put on the official calendar that is delivered every week. He said that the Manager addressed this issue on Monday and some additional confusion took place today. He is getting very frustrated. He does not understand why the Landfill Gas group got cancelled this week. This will mean another month delay in this group. He said that if the County Commissioners are going to give of their time to these meetings, then someone needs to be considerate of them and other members of the community before they start canceling meetings. He asked the Manager and the Clerk to get together and sort this issue out. John Link said that if some department head has unilaterally made a change, if someone lets him know right away, he would call the department head within ten minutes. He has stressed to his staff that it is important to touch base with the Commissioner that is working on any particular committee or board first. Chair Carey acknowledged the difficulty of scheduling all of these meetings around the County Commissioners' schedules. Commissioner Gordon said that the TTA and TJCOG met last week. She went to the TJCOG meeting, and they had a new delegate orientation and passed the regional legislative agenda. She said that she attended to represent Orange County since Commissioner Jacobs was not going to attend. Commissioner Gordon said that TTA had its board meeting and aplanning/legislative meeting. One of the most interesting items was an overview of the State's approach to transportation funding. There are some challenges because there are $84 billion worth of needs up until 2025 and $55 billion worth of revenue. She said that the expenses included things like transfers from the highway fund to the general fund to the tune of $200 million a year. This is one of the reasons that there is a shortfall, because there are transfers to bolster the general fund. Commissioner Jacobs said that on February 6th from 3:00-5:00 p.m. at the Century Center in Carrboro, there will be a program entitled, "Exploring the Prison Industrial Complex through Literature and the Spoken Word." This is the kickoff for Human Rights and Relations Month. Commissioner Jacobs reported that the first meeting of the Efland/Mebane Small Area Planning Group was held last week, and all that were appointed attended. A member of the Mebane City Council and the Chair of the Mebane Planning Board also attended. There is much interest in making sure Orange County makes good on the promises to provide sewer in downtown Efland. He suggested that County Engineer Paul Thames come to a future meeting to explain what is being done. Commissioner Jacobs asked EMS Director Jack Ball about what happened in Franklin County with the man that was pronounced dead and later found alive by the medical examiner. Jack Ball assured the Board that Orange County's medics take all precautions to make sure that this does not happen in Orange County. All medics in Orange County do a thorough assessment of cases, with the use of monitors. He does not believe that there was a check and balance system in place in Franklin County. Commissioner Gordon asked if the medics always make sure that a patient is assessed visually and mechanically. Jack Ball said yes, there is a procedure in place to ensure that all necessary steps are taken to check on the patient. He has every confidence that the situation in Franklin County would never happen in Orange County. Chair Carey recognized Boy Scout Troop 467 chartered from Pleasant Green Methodist Church. Chair Carey said that he and Commissioner Jacobs have a meeting with representatives from Duke University tomorrow. Duke University is one of the largest landowners in Orange County. Land use and management will be the primary topic of discussion. Commissioner Jacobs said that a fax and an email were sent out to this effect while Chair Carey was gone. The County Commissioners will be updated on this meeting. 4. County Manager's Report John Link welcomed the Boy Scout troop. 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 minutes from the December 14, 2004 regular meeting as submitted by the Clerk to the Board. b. Appointments -None c. Approval of Contract with Wendy Royce, DVM, to Provide Additional Spay/Neuter Surgery Services to the Orange County Animal Shelter The Board approved a contract with Dr. Wendy Royce, DVM, "Pet Overpopulation Patrol -North Carolina -Mobile Spay/Neuter" for spay/neuter services for the Orange County Animal Shelter, and authorized the Chair to sign the contract following final review by staff and the County Attorney. d. Grant Pre-Application for Telecommunication Console Replacement This item was removed and placed at the end of the consent agenda for separate consideration. e. Proposal to Deconstruct Abandoned Farmhouse on Former Vincent Property This item was removed and placed at the end of the consent agenda for separate consideration. f. Professional Services Contract -Indoor Air Quality Testing The Board authorized staff to contract with the Solutous Group for an amount not to exceed $12,990 for environmental testing at the Southern Human Services Center and the Richard Whitted Human Services Center as cited in the attached proposal; and authorized the Purchasing Director to execute the appropriate paperwork. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: d. Grant Pre-Application for Telecommunication Console Replacement The Board considered authorizing submission of apre-application for federal grant funding for replacement consoles for the County's 911 Emergency Communications dispatch center. Commissioner Gordon asked why the County Commissioners did not get this information before it was submitted and if there were any extenuating circumstances. Jack Ball said that, in preparing the grant, there was some information needed regarding costs and their vendors were late in getting this information to them. Commissioner Gordon would like for departments to give the County Commissioners a heads up on any item like this. Commissioner Halkiotis said that the County Commissioners recently received some information on the VIPER system, which ultimately costs $20 million. The only entity in North Carolina that has this system in place is the Highway Patrol. Jack Ball said that Wake County has a system that is tied into the VIPER system with the Highway Patrol, and several other counties are tied into it also. This would be an opportunity for Orange County to increase the radio capabilities at amuch-reduced price. Tying into another agency helps to reduce the costs. Commissioner Halkiotis asked where the money would come from for this. Jack Ball said that they are actively applying for grants, and they are utilizing Homeland Security funding to help offset some of the costs. Some fire departments have purchased the 800 radio units and are utilizing a modified portion of the VIPER system. Commissioner Halkiotis wants a clear picture of what this system will cost the County if the grants do not come through. John Link said that he understands that they are going to move along with this program as long as there is federal and state money in place to fund it. He thinks this is what Homeland Security funding is all about. There might be some reasonable matching amount, but this is not a $10 million hidden cost. Rod Visser said that the $20 million is for the stand-alone system that is not tied into any other entity. The VIPER system will cost dramatically less because of the economies of scale. Commissioner Halkiotis said that he has read that a lot of Homeland Security funding that was promised to rural areas is going to be pulled back and sent to big urban centers. He can understand the logic behind that, but he does not want to get tied into something that will end up costing several millions of dollars. Rod Visser said that Nick Waters had great confidence in this system and that it would be the most cost-effective system for Orange County, given the choices. Commissioner Jacobs said that there is also a limitation of money collected from citizens who use cell phones. It is restricted by the legislature in ways that are overly limiting as far as trying to replace equipment. He wonders if this should be put on the legislative agenda. Chair Carey said that there are three goals for the legislature and this is one of the other goals, to give counties more flexibility in how the pool of funds is spent. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to ratify the submission of the pre-application for federal grant funding for replacement emergency telecommunications consoles. VOTE: UNANIMOUS e. Proposal to Deconstruct Abandoned Farmhouse on Former Vincent Property The Board considered approving a proposal from Pete Hendricks to deconstruct an abandoned farmhouse on recently acquired County property; and organizing the materials recycled from previous deconstruction projects with which he has assisted the County and authorizing staff to develop a contract and authorizing the Chair to sign subject to final review by staff and the County Attorney. Commissioner Gordon asked about the significance of mentioning the financial impact about the 2004 2/3 net debt bonds. She asked if this was listed for information only. She said that the actual financial impact is not listed explicitly. Purchasing and Central Services Director Pam Jones said that the idea was to identify this part of what has already been appropriated for the Northern Human Services Center project. The financial impact is right at $30,000. Commissioner Jacobs thanked staff for turning this around so fast. He pointed out that Pete Hendricks said that the wood from the deconstruction may well match the buildings at the Blackwood Farm, and they might be immediately reusing the material by moving it directly to the Blackwood Farm. Commissioner Jacobs asked about the weatherproofing of the Cates Farm barn, where the deconstruction materials are stored. He said that Pete Hendricks had mentioned siding, roofing, and foundation problems. Environment and Resource Conservation Director David Stancil said that there are plans to do emergency stabilization at Cates Farm and Blackwood Farm properties. Beyond that, there are some items in the CIP or the 2/3 net debt bonds to refurbish. There are two phases of the work that need to be done. Commissioner Jacobs asked about a timetable and David Stancil said that the first priority is the Blackwood Farm, and there is not a timetable for the Cates Farm yet. Commissioner Jacobs would like to have a conversation about storing materials to be reused in a building that is not secure. He asked David Stancil to talk with Pete Hendricks about this. Commissioner Halkiotis said that deconstructing and not using the materials is wrong. He said that if the County is not going to use the materials, then they need to be sold. There needs to be a discussion at the staff level. He would be glad to talk about this with Commissioner Jacobs and John Link to figure out what to do with these deconstruction materials. There needs to be a plan. It costs $30,000 to deconstruct the building, and he wants to know the value of the materials. He said that this is not David Stancil's responsibility. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proposal submitted by Pete Hendricks; authorize staff to develop a contract between the County and Mr. Hendricks that incorporates the provisions of that proposal, subject to final review by staff and the County Attorney; and authorize the Chair to sign the resulting contract on behalf of the Board. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Recognition of Millard Fuller -Founder of Habitat for Humanity International The Board was to consider a resolution to officially recognize the work of Millard Fuller, Founder of Habitat for Humanity International and authorize the Chair to sign. REMOVED 7. Special Presentations-NONE 8. Public Hearings-NONE 9. Items for Decision--Regular Agenda a. Siting Recommendations -CNG Joint Staff Work Group The Board received a report from Orange County, Orange County Schools (OCS), and NCDOT joint staff workgroup regarding siting of the County's planned Compressed Natural Gas (CNG) alternative fuel system for vehicles. The report recommended that the Commissioners consider adopting the siting recommendation, and directing staff to identify a funding source to cover the County's share, $50,000, of the project. David Stancil said that in April 2004 the staff submitted a grant application for a compressed natural gas fueling station to the Clean Cities Coalition, which is funded through the Regional Council of Governments. The application was approved in the summer of last year in the amount of $25,000, which was the maximum amount. There was some discussion of putting this site at the Orange County Schools maintenance yard, but it was deemed too small. In the summer of last year, the Chair met with the Chair of the school board and a work group was created. The group investigated other fueling stations across the region and explored potential sites in Hillsborough. Starting on page three is a report with the background and the recommendation of a site. He spoke about the environmental benefits of alternative fueled vehicles. The recommendation is to site the facility at the Orange County Public Works site at Fairview. He spoke about the advantages of this site as stated in the report. There could be opportunities for public access, but state vehicles and other fleet vehicles would mostly use it. The Clean Cities Coalition has offered to fully fund a card reader system on the site. Public access, if needed, could be limited to daytime hours. The $25,000 grant has to be encumbered by June 2005. The timetable for activity is on page 14. The station could be open for use by October 2005. The total matching cost for the County would be $50,000 to go with the $25,000 from the grant and the $30,000 for a card reading system. Commissioner Halkiotis thanked David Stancil for "walking the talk." He asked how many hybrid vehicles there are in Orange County government and David Stancil said that there are about 8-10 E-85 compatible vehicles. These are vehicles that use an ethanol blend. Ethanol is not available locally, so they all run on gasoline. Commissioner Halkiotis said that they have talked about this and suggested that the County move ahead with this. He said that the County should be using this and should buy vehicles that can tie into the compressed natural gas. He will not vote to provide a fueling station for other state agencies if the County is not going to be utilizing it. He thinks that there should be a mandate that any future vehicles, whenever possible, should use this technology. Commissioner Foushee agreed with Commissioner Halkiotis and said that the County should lead by example. She asked, given that they are a week behind in the timetable, if this hinders what needs to be done. David Stancil said that he thinks everything can be done within the timetable. Commissioner Foushee supports this recommendation. Commissioner Gordon said that she does not have a clear picture of the direction in which the County is going in this. She wants to make sure that compressed natural gas is the technology that the County is going with. David Stancil said that it looks like the highest benefit-lowest cost alternative. Commissioner Jacobs said that one of the thrusts of having an environmental goal is to incorporate it into everyday jobs. He asked John Link to identify which vehicles are alternative fueled ones so that there can be a plan in place. David Stancil said that he and Budget Director Donna Dean have discussed this regarding CNG options for the next year. Commissioner Jacobs asked what happened to the bio-diesel proposal for the Wizard's Cauldron and David Stancil said that this is no longer being pursued. Economic Development Director Dianne Reid said that it was decided that the location was not good because it was so far from major highways. Another location is still being explored in Orange County. John Link said that the staff would manifest the commitment to "walk the talk." A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adopt the siting recommendation from the Work Group and direct staff to identify a funding source to cover the County's share, $50,000, of the project. VOTE: UNANIMOUS b. Consideration of Non-Public Hearing Discussion Items on February 28, 2005 The Board considered potential discussion/report items for presentation on February 28, 2005, a date originally scheduled for a Quarterly Public Hearing. Planning Director Craig Benedict said that there are no formal public hearing items on February 28th. There are four topic areas that could be discussed at this meeting. 1. Agricultural Business Options (Rural Enterprises) 2. Transportation issues (State Transportation Improvement Program priority list and Creation of a Unified Transportation Advisory Committee) 3. Update of the Rural Character and Farmland Protection Work Group 4. Comprehensive Plan Land Use Element update Commissioner Gordon asked if the items were in priority order. She said that transportation is a high priority. Craig Benedict said that they are in order of how long they have worked on the issues. Commissioner Jacobs said that he is satisfied with the order of items. He asked that when the Planning Board reports on the Rural Character and Farmland Protection work group, that there at least be some discussion about the items received at the retreat about their thinking regarding ten-acre lots and the effect on farmland. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the potential discussion/report items for presentation on February 28, 2005, a date originally scheduled for a Quarterly Public Hearing. VOTE: UNANIMOUS c. Child Health Care Consultant Project Funded by Smart Start The Board considered accepting funds for the Child Health Care Consultant Project, authorizing project implementation, and approving a new Public Health Nurse position funded by non-County sources. Health Director Rosemary Summers said that this project is similar to that which was previously funded by Piedmont Health Services for aten-year period. Through State budget cuts and declining funds to Piedmont Health Services, funding fell below a full time nursing position, and last fiscal year they declined to reapply for funds with the Orange County Partnership for Young Children. The Smart Start Board Allocation Committee decided that this project was important enough that they wanted to do a special study to make sure that such a project was still needed within the community. They reserved funding for the project and directed the Partnership staff to do a community assessment. Through the assessment, it was found that the childcare community has a need for a consultant to improve the health of the children by addressing environmental factors and training for their staff. In the late fall, the Partnership issued an RFP for an 18-month project. There are only funds available at this time for the first six months of the project, but it is fairly certain that the legislature will allocate funds to Smart Start again. This is one of the higher priorities of the Partnership board. The Health Department applied for the grant and was awarded it, as shown by the letter. The proposal is to hire a nurse to provide these services, which would include intensive services to about 30 childcare centers. At least 50 centers would receive at least one service from the health care consultant. This project includes the full funding of the nurse, plus some operating expenses, primarily travel. The only County cost is an in-kind contribution for supervision of the position itself. Commissioner Halkiotis highlighted Rosemary Summers and said that she is always at the Partnership board meetings and is always advocating for children. He endorses this idea. Commissioner Gordon also supports this idea. Chair Carey said that this is an important service that childcare centers need. One of his concerns is that the history, over the last ten years, as the State cut back on funding, Smart Start cut back on funding for this contract. This meant that Piedmont had to cut back on the number of hours the person could work. This is more than afull-time job. He asked what was different now. He said that just any nurse could not do this. Rosemary Summers said that there was discussion on the Partnership board that as you begin to cut below 100% of staff salary, the entire project is put in jeopardy. One of the recommendations of the project was that it could not be done with less than full-time staff. Orange County Partnership for Young Children Director Michelle Rivest said that they have faced Smart Start cuts in the past. She said that the board has embarked on a different practice for this year in terms of grants and they determined which projects they could support on a multi-year basis or a single-year basis. This project is in the multi-year approach, which means up to a three-year period of time before it is reassessed. She said that this project has a little bit more protection than others, and the Partnership board has come to realize that it might be better in the long run to cut entire programs than to whittle away at programs that do not have other sources of support. Commissioner Jacobs said that he has more confidence in the Partnership's funding than in the State legislature's funding. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the funding for the Child Care Health Consultant Project in the amount of $23,570 for FY 04-05 from the Orange County Partnership for Young Children; accept the funding in the amount of $55,000 for FY 05-06, contingent upon State allocations; authorize a new permanent full-time public health nurse position effective February 1, 2005, subject to the continuation of non-County funds; and establish a grant ordinance for these purposes. VOTE: UNANIMOUS d. Appointments (1) Orange-Person-Chatham LME Governing Board The Board considered one new appointment to the OPC LME Governing Board. Commissioner Jacobs nominated Cheryl Atwater, no second. Commissioner Halkiotis nominated John Stewart, no second. Commissioner Gordon nominated Sandra Grey Herring, and Chair Carey and Commissioner Foushee seconded. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Sandra Grey Herring to the OPC LME Governing Board to an initial term ending December 31, 2006. VOTE: Ayes -Commissioner Gordon, Commissioner Foushee, and Chair Carey; Nays - Commissioner Halkiotis and Chair Jacobs (2) Commission for the Environment -One New Appointment The Board considered one new appointment to the Commission for the Environment. Commissioner Gordon nominated Shirley Lally, and indicated that she had some knowledge of water resources which was an area currently needed on the Commission. Since the vacancy being filled was the biological resources position, Hervey McIver could be designated for the biological resources position so that Shirley Lally would have an at-large position. Commissioner Jacobs has no problem with moving Mr. McIver, but another member of a board that got moved from a seat to another seat complained to him that he would have liked to have been asked before it was done. He supports it in concept. Commissioner Gordon said that Mr. McIver was already on the Biological Resources Committee, so all that was being changed was his designation. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Shirley Lally to an at-large position and to designate Hervey McIver for the biological resources position, if it is suitable with Mr. McIver. VOTE: UNANIMOUS (3) Intergovernmental Parks (IP) Work Group -New Appointments/Reappointments The Board considered reappointments and new appointments to the Intergovernmental Parks Work Group (IPWG). A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to reappoint and appoint all persons on the revised abstract (purple) to the Intergovernmental Parks Work Group (IPWG). VOTE: UNANIMOUS (4) Orange County/Chapel Hill Visitor's Bureau -One New Appointment The Board considered one new appointment to the Orange County/Chapel Hill Visitor's Bureau. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Rachel Hawkins to a term ending December 31, 2005. VOTE: UNANIMOUS (5) Recreation and Parks Advisory Council (RPAC) -Three New Appointments The Board considered new appointments to the Recreation and Parks Advisory Council. Commissioner Gordon suggested appointing Sharon Riley and then advertising for another month to possibly have more women, since there are relatively few women on their board. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Sharon Riley from the Bingham Township to a term expiring March 31, 2007; and to direct the Clerk's office to continue to advertise for the other positions for one month. VOTE: UNANIMOUS (6) Workforce Development Board Regional Partnership -One New Appointment The Board considered one new appointment to the Workforce Development Board. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Dr. Shirley Carraway to the Workforce Development Board to a term ending June 30, 2006. VOTE: UNANIMOUS (7) Arts Commission -Four New Appointments The Board considered new appointments to the Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Laura Noyes, Rosa Tattoli, Adelaide Spitsbergen and Stephen Haebig to At-Large Positions on the Arts Commission to first full terms ending March 31, 2008. VOTE: UNANIMOUS (8) Economic Development Commission -Four New Appointments The Board considered new appointments to the Economic Development Commission. Commissioner Gordon was also concerned with the female representation on this board. A motion was made by Commissioner Gordon to appoint Anita Badrock to an At-Large Position with a term ending June 30, 2005. A motion was made by Commissioner Foushee to appoint Winkie La Force to an At-Large Position with a term ending June 30, 2005. A motion was made by Commissioner Jacobs to appoint Bryant Colson to an At-Large Position with a term ending June 30, 2007. A motion was made by Commissioner Jacobs to appoint Charles Fisher to the Chamber of Commerce position, with a term ending June 30, 2005. VOTE: UNANIMOUS (9) Information Technology Advisory Committee (ITAC) -Two New Appointments The Board considered two new appointments to the Information Technology Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Allan Polack and Noel Lewis to the Information Technology Advisory Committee to terms ending December 31, 2007. VOTE: UNANIMOUS 10. Reports-NONE 11. Closed Session A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve to adjourn into closed session at 9:30 p.m. for the purpose of: a. "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). VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to re-convene into Regular Session at 10:45 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made Commissioner Jacobs, seconded by Commissioner Foushee to adjourn the meeting at 10:45 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board