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HomeMy WebLinkAboutMinutes - 200305061 APPROVED 08/19/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 6, 2003 The Orange County Board of Commissioners met for regular session on Tuesday, May 6, 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, 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. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board considered adding item 9-d- Efland-Cheeks Park Conceptual Plan Committee. The Board considered adding item 9-b-1 -Authorization to Contract with Innovative Designs for Analysis of Septic System Options at the Northern Human Services Center in Cedar Grove. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the two additional items. VOTE: UNANIMOUS There was also a correction sheet for the minutes. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Livy Ludington spoke on behalf of the Carrboro Library Arts Committee. They are requesting funding to put together an exhibit of wildlife habitat in Orange County (photographs, paintings, and maps). This exhibit would run in November 2004 and could run as a traveling show after the exhibit closes. They would like to format it into a PowerPoint exhibit to be able to use it many different ways. They are asking for $750. She distributed a letter to the Board. Commissioner Jacobs suggested that they talk with the two sets of people that are doing wildlife rehabilitation and incorporate their view. He asked about Dr. Wiley's proposal and Livy Ludington said that she had a copy of this proposal. He would like for her or Dr. Wiley to talk to Planning Director Craig Benedict about integrating it into the comprehensive plan update. Livy Ludington said that she has worked with Dave Stancil and Rich Shaw in getting maps together. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to authorize the Chair to approve the request from the Carrboro Library Arts Committee for $750 after any initial questions have been answered. VOTE: UNANIMOUS 2 b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.). 3. BOARD COMMENTS Commissioner Carey was not at the meeting, but away on business. Commissioner Halkiotis said that he found a message from a CP&L spokesperson on his machine that they wanted to alert him that they were going to be making a public announcement that they were planning not to ship spent nuclear waste fuel rods to the Shearon Harris plant from two other facilities, but were going to encapsulate them in a dry cask storage system. This was one of the issues that the Board was pushing and trying to convince them to do. He thinks that it was this Board and other boards and citizens that moved CP&L to make this decision. He would like to send CP&L a letter to let them know that the County Commissioners appreciate the heads up and congratulate them and have all County Commissioners to sign it. He would like to thank them in a formal way. Chair Brown said that she would be delighted to develop a thank you letter with the help of staff. Commissioner Jacobs said that the Fairview Park planning committee has made progress with planning of three parcels -one belongs to the Town of Hillsborough, one belongs to the County and is occupied by the Public Works department, and one belongs to the County and is occupied by refuse that had been put there starting in the second half of the 20tH century. He thinks there is potential for a very good collaborative project with Hillsborough. The relationship with Hillsborough continues to evolve in a positive way. Commissioner Gordon referred to a revised sheet for the legal ad for the May 27tH quarterly public hearing and a yellow sheet with revisions. Commissioner Gordon said that they had a good time at the Cedar Ridge High School dedication ceremonies. Commissioner Gordon said that the CHATPEC has been working on their design charettes. They came up with two different scenarios. They noted that in the next 10 years there is going to be a requirement for an elementary school and a middle school. At the end of the 10 years there will need to be another elementary school and a high school in the Chapel Hill-Carrboro system. It is possible to have three schools on this site, namely, an elementary school and a middle school, and also either another elementary or another middle school. Commissioner Gordon made reference to a draft report from the Triangle Transit Authority and she distributed it. She made reference to the service evaluation and. read, "In light of extremely low ridership, the low density nature of Hillsborough, and the existence of another transit provider in Hillsborough providing service with lower fares, the committee and staff strongly recommend the elimination of this route." She would like the staff to look at whether OPT has done any coordination with the TTA line to improve the ridership in terms of OPT connecting with TTA. She also asked the staff to see if TTA could provide regional services from Hillsborough to Chapel Hill and if OPT could provide regional service. Commissioner Jacobs said that if in fact OPT is providing a regional service, then perhaps TTA could subsidize that aspect of OPT's operation. Also, the Town of Hillsborough should get involved in this. The community college site is also an issue. ,This should be part of a bus route and a removal of the route should be temporary. Chair Brown said that she would like more information on the route from Hillsborough to Chapel Hill and she directed this to the staff planner and the Manager. John Link asked AI Terry to take the information. Chair Brown said to include the transportation piece for the Durham Technology satellite campus. Commissioner Gordon said that the SLUC met and had updates on SAPFO and the FAQ. This part needs more work and the next meeting is June 11tH Chair Brown said that the SAPFO is in the hands of Carrboro Acting Manager Michael Brough to check the documents. The document should be ready to be adopted by everyone in June. 4. COUNTY MANAGER'S REPORT Recognition of Revenue Collections Staff 3 John Link said that Orange County Tax Collector Jo Roberson was named Tax Collector of the year for North Carolina by her peers. She has streamlined the tax collection process since she has been her for three years. John Link also recognized Linda Strickland in reaching her certification as a deputy tax collector. She has been with the County since October 2000. Also, Nancy Freeman received her certification as assistant tax collector. 5. RESOLUTIONS/PROCLAMATIONS a. Older Americans Month and Senior Center Week The Board considered designating the month of May as Older Americans Month; and also designating the week of May 11 through May 17 as Senior Center Week in Orange County; and authorizing the Chair to sign the proclamations. Chair of the Aging Board Florence Soltys accepted these resolutions. She thanked John Link and Gwen Harvey. They are getting ready to build two new senior centers and they have a report to give the County Commissioners. They are also holding forums throughout the County to get feedback on what should be in the centers. The report on the forums will be coming back to the County Commissioners in late summer. She recognized Bob Wetherly, President of the Friends of the Chapel Hill Senior Center and Leo Allison, President of the Friends for Central Orange. The Friends organizations are supporting all of the data collection and the forums for development of the senior centers. They also raise funds. She asked the County Commissioners to accept the proclamations. Commissioner Jacobs read the Older American's Month proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: OLDER AMERICANS MONTH WHEREAS, According to the latest population figures, there are more than 16,200 persons over 60 years of age in Orange County; and, WHEREAS, The President of the United States has declared May as Older Americans Month; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they contributed to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County also wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 2003 as OLDER AMERICANS MONTH AND, further, do encourage all citizens to join us in honoring our older Americans. VOTE: UNANIMOUS 4 Commissioner Gordon read the Senior Center Week proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: SENIOR CENTER WEEK WHEREAS, Local communities support over 15,000 Senior Centers across the United States, serving close to 10 million older adults annually, and , WHEREAS, Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County, and, WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community, and, WHEREAS, Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported and socially involved, and, WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them, WHEREAS, This year's Senior Center Week theme is "Senior Centers Add More to Life". NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the week of May 11 through May 17, 2003 as SENIOR CENTER WEEK AND, further, do call upon the people of Orange County to honor older Americans and the Senior Centers that bring together activities and services to their benefit. VOTE: UNANIMOUS Leo Allison and Bob Wetherly made some comments. Florence Soltys reminded the Board of the roundtable tomorrow, which is the kickoff of the work in long-term care with many individuals participating. b. Drinking Water Week & OWASA Taste of Hope Program The Board considered proclaiming May 4-10, 2003 as Drinking Water Week in Orange County and authorizing the Chair to sign the proclamation on behalf of the Board. Chair Brown read this proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: DRINKING WATER WEEK IN ORANGE COUNTY WHEREAS, water is one of the few basic and essential needs of human-kind; and WHEREAS, our health, comfort and standard of living depend upon an abundant supply of safe water; and WHEREAS, the Orange Water and Sewer Authority (OWASA), Town of Hillsborough, Orange- Alamance Water System, Graham-Mebane Water System and Orange County have ensured that facilities and systems provide Orange County citizens with a safe, dependable quality and quantity of water both now and in the future; and WHEREAS, the dedicated people serving the public at water and sewer utilities have made significant contributions in developing, operating and maintaining these systems; and WHEREAS, through the Taste of Hope Customer Assistance Program, OWASA customers can have their monthly bills automatically rounded up to the nearest dollar as a donation to help families in need; and WHEREAS, the Inter-Faith Council for Social Service uses Taste of Hope donations to temporarily help OWASA customers when they are unable to pay their water/sewer bills; NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim the fourth through the tenth of May, two thousand and three as DRINKING WATER WEEK in Orange County and urges all citizens to recognize the contributions and service of water and sewer utilities to our community. AND FURTHER, the Board of Commissioners encourages OWASA customers to participate as donors for pennies per month in the Taste of Hope program, and to contact OWASA for information and to become Taste of Hope donors. This the sixth day of May 2003. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Distinguished Budget Award The Board considered recognizing the staff of the Orange County Budget Office for earning the Government Finance Officers' Association (GFOA) Distinguished Budget Presentation Award for the 2002-03 fiscal year budget and will present the GFOA plaque to them. Assistant County Manager Rod Visser said that this award is sponsored by the National Government Finance Officers' Association. There is a rigorous and demanding set of criteria for the budget document. For the 11th time in the past 12 years, the Budget staff has succeeded in meeting the high thresholds. He recognized Budget Director Donna Dean and the two Budget Analysts Rooney Mestos, and Paul Laughton. Chair Brown presented this award to Donna Dean. b. State of the Environment 2002 The Board received a special presentation from the Commission for the Environment regarding the recent "State of the Environment 2002" report. Environment and Resource Conservation Director Dave Stancil recognized some of the members present from the Commission for the Environment. On March 29th, there was an Environmental Summit in Orange County. This report was presented at the summit. The goal is to produce a document like this every two years that assesses the County's environmental status and provides a snapshot of where we are in our natural resource protection efforts. In the odd year, they would like to prepare a brief progress report. There were 22 different environmental indicators used in this report. The Commission for the Environment identified five critical issues in the way of findings and offered some recommendations. The five critical issues include: 1) a 31 % increase in the amount of developed land per capita; 2) Triangle ground level ozone issues and impending air quality non-attainment for the region is going to pose a serious issue in the future; 3) the conversion, destruction, and degradation of native flora and fauna is a concern; 4) adequacy of water resources (15% increase in per capita water usage); 5) need for increased attention to groundwater issues. The recommendations are included on page three of the report. There are 10 different recommendations. He noted that there is a copy of the report available for download on the County's website. Commissioner Jacobs congratulated the staff and the Commission for the Environment on the report. He asked about the ozone monitor and the suggestion to talk with the legislative delegation. He asked what the County Commissioners should ask of the delegation to have a monitor installed in Orange County. Dave Stancil said that because we do not have an ozone monitor it is hard to monitor and most emissions are from the transportation corridors. Potential locations include the intersection of I-40 and I-85 or somewhere closer to RTP. The Division of Air Quality might be able to provide more information. Commissioner Jacobs also asked about air quality alerts and forestry practices and notification to citizens about burning permits during certain days. Perhaps the radio station WCHL could be used as a medium to educate the public about this. Dave Stancil said that he did talk with a County forester who indicated that this could be pursued. ' Commissioner Halkiotis said that the County is being pummeled by the non-attainment issue by the federal and State government. He wants to ask legislators for help and how to cure this because of the growth coming to the area. He would like to incorporate the ideas of Planning Director Craig Benedict and to bring approval of developments and the environment together because you cannot achieve non-attainment when you are adding more people and more fumes into the environment. Chair Brown said that she is so proud of this document and she would like to forward it to the other elected officials, State legislators, and Congressman David Price. Chair Brown said that she appreciates the indicators because one of the County Commissioners' goals about six years ago was that all County departments develop indicators so that the Board could understand the level of sustainability and how to monitor the sustainability in all areas. She asked Dave Stancil to point out places in the community where we could look for improvement - such as the air quality issue. She would like to encourage schools to use public transportation instead of cars and to share this with the school districts and to have recommendations for change for the other towns. Commissioner Jacobs made reference to page three and the biological resources recommendations. One is to ensure that 10% of the County is in permanently protected status by the year 2010. He made reference to the chart on page 28, which lists permanently and partially protected. He said that if one were to look at what is protected -partially and permanently -there are 17,023 acres, and we are short 8,577 acres. He said that there is not such a grim gap in partially and permanently protected properties. He said that there is a better picture than is portrayed in the report. c. Triangle Land Conservancy "State of Open Space 2002" 6 The Board received a special presentation from the Triangle Land Conservancy (TLC) on their recent report "State of Open Space 2002, The Status of the Triangle's Green Infrastructure." Kate Dixon, Executive Director of the Triangle Land Conservancy, said that they work in six counties (Orange, Durham, Wake, Johnston, Chatham, and Lee) and their report is about how all of these counties are doing in protecting open space. She said that TLC is anon-profit that works to protect open space through conservation easements, land purchase, and land donation. To date, they have protected 4,500 acres of land and about 48 different properties. About 1,400 acres of this are in Orange County, including 18 different tracts. They have done more land projects in Orange County than anywhere else. This is the second time this kind of report has been produced by the TLC. They found that 6,000 acres were protected in the 2.5 years between January 1, 2000 to June 30, 2002. The rate of land development was about 72,000 acres, which is about two and a half times the size of Cary. There has been a big increase in the amount of land being protected. They also found that most of the new land being protected has been by local governments and non-profits and Orange County is a real model in open space protection. Local funding for land protection has also increased. Orange County has played a big part in this. Within the two and a half year period, Orange County (itself) protected 658 acres. They are trying to improve the definitiveness of the numbers being collected. She made reference to page 21, which highlights Orange County as an example of work in land acquisition. Chair Brown asked about others getting this information and Kate Dixon said they would be visiting with all of the counties and about six of the largest municipalities and with their advisory councils on open space. All other elected officials have received a copy of it through the mail. 7. PUBLIC HEARINGS a. 2003-13 County Capital Investment Plan (CIP) Public Hearing The Board considered conducting a public hearing to receive citizen comments regarding the County Manager's Recommended 2003-13 County Capital Investment Plan (CIP) John Link said that the Board of County Commissioners received the presentation on the CIP for 2003-2013 for County projects in April and on May 22"d there will be a presentation on school projects for both school systems. Budget Director Donna Dean gave a review of the presentation that was given in April. She gave a PowerPoint presentation. Examples of projects included in the County's CIP include parks and open space, senior centers in Chapel Hill and central northern Orange County, equipping most County and school facilities with emergency generators, and Orange. County satellite campus of Durham Technical Community College. Many of the projects will be undertaken with the community partners. Examples of unfunded County projects include future park sites, renovations to the Northern Human Services Center in Cedar Grove, construction of the new animal shelter facility, and public safety communications infrastructure. The next step for the Board is for the presentation of the school CIP on May 22"d and after several work sessions, adoption will be on June 26tH PUBLIC COMMENT -none Chair Brown asked when the County Commissioners could add to the list of projects and John Link said to email any additions to the other Board members and to him at any time before the end -of the budget process. Commissioner Gordon said that there was a work session on this and it is still the Manager's recommended budget. Some items were flagged and there were some suggestions made by the Board. She would like a chart on how much the community partners are going to contribute. John Link said that they would come back with a better definition of "partner". Commissioner Gordon asked how John Link was going to follow up on work session suggestions. John Link said that they would report back on what the staff understands the suggestions to be and then see if there are any other suggestions or additions. Chair Brown said that the Cedar Grove Park and the Northern Human Services Center are the same property and should be put together on the same page. 8 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes (with corrections as submitted by Commissioner Gordon) from the following meetings: March 5, 2003- regular meeting; March 24, 2003-regular meeting; and March 25, 2003-work session. b. Appointments 1. Nursing Home Community Advisory Committee The Board reappointed Margaret F. Hudson to the Nursing Home Community Advisory Committee (NHCAC) c. Boundary Survey of Two Farms for Agricultural Conservation Easements This item was removed and placed at the end of the consent agenda for separate consideration. d. Budget Amendment #11 The Board approved budget amendments for the Department of Social Services and the Health Department for fiscal year 2002-03. e. Housing Bond Policy -Land Banking Policy Approval This item was removed and placed at the end of the consent agenda for separate consideration. f. North Carolina Governor's Highway Safety Grant Application The Board accepted a resolution from the North Carolina Governor's Highway Safety Program to proceed with an Orange County grant application. g_ Consolidated Housing Plan Annual Update/HOME Program This item was removed and placed at the end of the consent agenda for separate consideration. h. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by adding a Legislative Breakfast Meeting with Orange County's Legislative Delegation on Monday, May 19, 2003 starting at 7:30 a.m. at Mama Dip's Restaurant, 408 West Rosemary Street, Chapel Hill, North Carolina and by changing the starting time of the Quarterly Public Hearing scheduled for~Tuesday, May 27, 2003 to 7:00 p.m. to be held at the F. Gordon Battle Courtroom, East Margaret Lane, Hillsborough, North Carolina. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA c. Boundary Survey of Two_Farms for Agricultural Conservation Easements The Board considered a proposal for professional services associated with a survey of two farm properties from which Orange County is purchasing agricultural conservation easements and considered authorizing the ERCD to work with the Purchasing Director in executing a contract with Brady H. Goforth and Associates for a survey of the Cheek farm and with Landmark Surveying, Inc. for a survey of the Walters farm, both for use by Orange County in acquiring agricultural conservation easements. Commissioner Jacobs asked about the easement on the Walters property. Rich Shaw said that this was 228 acres and is permanent protection. Commissioner Jacobs wanted to make a statement on our progress with permanent land protection. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to authorize ERCD to work with the Purchasing Director in executing a contract with Brady H. Goforth and 9 Associates for a survey of the Cheek farm and with Landmark Surveying, Inc. for a survey of the Walters farm, both for use by Orange County in acquiring agricultural conservation easements. VOTE: UNANIMOUS e. Housing Bond Policy -Land Banking Policy Approval The Board considered approval of a Land Banking Policy for incorporation into the County's Affordable Housing Bond Policy. Commissioner Gordon made reference to page four of the minutes when this was discussed - on project completion. The Attorney suggested that if the project for land banking is not initiated, there should be reversion to the County. She said that the first two sentences were fine, but then she added, "Project initiation is defined as acquisition of a building permit. All land banking activities should begin within five years of a funding award, with a progress report to the County Commissioners within three years of funding award. If a project is not initiated in a timely manner, the land will revert to Orange County." Commissioner Gordon also made reference to eligible projects and she said that she thought all projects had to be located in the boundary of Orange County. Chair Brown said that if there are significant changes to this, and then it could be taken off and put on the next agenda with the corrections. Commissioner Gordon will turn in the corrections to the Manager and the Attorney. Commissioner Jacobs suggested including the minutes as a reference point. ~ Consolidated Housing Plan Annual Update/HOME Program The Board considered adopting resolutions approving the 2003 Consolidated Housing Plan Annual Update, approving the proposed HOME Program Activities for 2003-04, and authorizing the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. Commissioner Gordon made reference to page three and asked if $73,959 was supposed to be part of the total. Housing and Community Development Director Tara Fikes said that this does not include the program and administration costs. This needs to be added and the total should be changed. Commissioner Gordon said that the last item for $277,040 -deferred loans -does not indicate who. administers this and Tara Fikes said that Orange County administers this. Commissioner Gordon asked that this be added. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign the resolutions (incorporated by reference) approving the 2003 Consolidated Housing Plan Annual Update and the proposed HOME Program Activities for 2003-2004. Additionally, to authorize the Manager to implement the HOME Program as approved by the Board including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. This motion is including the changes as indicated by Commissioner Gordon. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Orange County Community Transportation Improvement Plan (CTIP) Update Process The Board considered reviewing and approving the proposed update of the Community Transportation Improvement Plan (CTIP), scope of work, and hiring of a consulting firm to conduct the CTIP's Scope of Work covering the period of 2003-2007. Assistant County Manager Gwen Harvey said that they were able to receive permission from the State to proceed with this on a local level. The action tonight would provide for the County to move forward with the scope of work for a consultant to do a comprehensive assessment of the Orange Public Transportation System and would also enable them to proceed with the appointment of a review and selection team that will work with the Purchasing Department to engage the proper consulting firm who would lead and direct this effort. The timetable and the outline of the study is attached. The timetable is a four-month process, and it would be brought back in December to the Board for further action. Commissioner Gordon said that this is an old document that she and Commissioner Jacobs worked on with AI Terry and others in May 2000. She asked to add two things. On page 11 at the top, the paragraph should be 2-a and then there should be a 2-b that says, "Degree of coordination of transit services with other transit service providers in the community or region. For example, Triangle Transit io Authority, Chapel Hill Transit." Then on page 21 at the top where it says, "Note: special emphasis should be placed on how the system currently ensures the effectiveness and efficiency of their scheduling and routing operations," she added, "Emphasis should also be placed on how well the system coordinates its services with other transit services in the community or region. For example, Triangle Transit Authority, Chapel Hill Transit." Commissioner Jacobs made reference to page 21 and the note where it says, "their scheduling" and clarified that it should say "its scheduling." Also, there is the part missing about the Human Resources Transportation Advisory group and how it should be reconstituted. The Board might want to have a different transportation advisory board that would have a broader purview than just human resources. AI Terry said that on May 20th they will be bringing the bylaws in front of the Board and the Transportation Advisory Board will be changed to also allow a more global transportation board to include planning, the environment, and other aspects. He pointed out that in this CTIP on page 11 - Item 1 - a1 -they are looking at the complexity of the system as itself and whether it should be joined with other area transit services or whether it should stand alone. Commissioner Jacobs asked if the separation of the Department on Aging was applied as part of this and AI Terry said yes. Commissioner Jacobs asked that this be fleshed out a little more in the document. Chair Brown asked how to evaluate who is using the system. AI Terry said that the consultant would go out and do surveys with the human agencies and with the community. Chair Brown asked that the survey include whether the community uses it as a commuter service to get to work. Chair Brown asked how the two systems would coordinate and cooperate with each other. AI Terry said that Chapel Hill operates under the urban laws of NCDOT and OPT operates under the rural laws of the State. There could be some coordinated efforts between Chapel Hill Transit and Orange Public Transportation. Commissioner Gordon said that this is a transportation board that looks at services and there could be a transportation board that looks at policies, or a super board that looks at both. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the Community Transportation Improvement Plan update with the changes as made by Commissioners Gordon and Jacobs, the Scope of Worky and the appointment of Commissioners Gordon and Jacobs to the Review and Selection Team, and that the Review and Selection Team will submit recommended consulting firms to the BOCC on June 26th for approval. VOTE: UNANIMOUS b. Legal Advertisement for May 27, 2003 Quarterly Public Hearing The Board considered authorizing the Planning Department to submit the Quarterly Public Hearing Legal Advertisement for publication for the May 27, 2003 Quarterly Public Hearing. Commissioner Gordon submitted some revisions on a yellow sheet and the staff's revisions were on the blue sheet. Planning Director Craig Benedict said that there are some issues to be resolved regarding the proposed third high school in the CHCCS about moving funds from one fund to another to accommodate the timeframe. This needs to go to public hearing. Following that, there will be a public hearing on some planning items. He went through the revisions on these items as stated in the abstract. Commissioner Jacobs suggested a change on the master telecommunications plan where the pre-identified sites are listed. He said that it should say voluntary agricultural districts. He said that anyone can withdraw from a voluntary agriculture district at any time and there needs to be more of a commitment on the part of the property owner for some long-term protection. Commissioner Jacobs proposed a change in the language proposed by Commissioner Gordon and said that it is too specific. His sense of a public hearing is that the public should come and give comment and guidance. He said that the changes by Commissioner Gordon read that if the public agrees to the certain points then the Board has all the rest already worked out. He added in the second sentence, "The Board of County Commissioners could reallocate 2001 bond funds for Elementary #10 to 10 11 High School #3, requiring a commitment to approve alternative financing for Elementary #10 in a manner that allows for timely construction of that facility." Chair Brown asked about the statement "requires a commitment of the Board of County Commissioners." She did not think that the Board agreed to this. John Link said that if the Board moves bond funds then the alternative for financing Elementary School #10 is to use alternative funding. He said that the Board could use the word "intend". He said that the intent of the public hearing is to assure citizens that if the Board appropriates the bond funding for the high school project that was originally designated for the elementary school, then it intends to finance the elementary school when the time comes. There is no legal requirement to say any of this, but it is to respond to the citizens who voted for the bond issue. Commissioner Halkiotis said that he is troubled with implications of "requires the commitment." He was happy with the original abstract. He feels that the changes are tying him up. He said that he would not support the yellow sheet and will support what Commissioner Jacobs suggested. Commissioner Gordon said that she supported Commissioner Jacobs' suggestions also. Chair Brown said that the location needs to be more precise. It says, "near Rock Haven", but it is actually on Rock Haven and Smith Level Roads. She would also like to say, "near Culbreth Road" so that it is very clear to the public where this location is. Commissioner Jacobs changed his sentence to read, "The Board of County Commissioners could reallocate 2001 bond funds for Elementary #10 to High School #3, necessitating a commitment of funding for Elementary #10 in a manner that allows for timely construction of that facility." After discussion of the language, Commissioner Jacobs changed the end of his sentence to "necessitating other funding for Elementary #10." Geof Gledhill asked if the Board of County Commissioners was still considering the second sentence in #2 on the gold sheet, which reads, "The CHCCS Board of Education has requested that the BOCC grant the school board permission to acquire that site which is located in the southern part of the school district." He said that the CHCCS Board of Education requested that the Board approve money based on appraised values of the properties that they have targeted, and that the Board consents to them condemning the property, which is different than this sentence. He recommended that this sentence include the statement from the resolution of the Board of Education. The Board agreed to leave off the second sentence in #2 on Commissioner Cordon's correction sheet. John Link said that he did make the initial proposal in terms of reallocating the bond money. Chair Brown read item #1 from the blue sheet. Commissioner Jacobs read the other sentence that was to be added as follows: "The Board of County Commissioners could reallocate 2001 bond funds for Elementary #10 to High School #3, necessitating other funding for Elementary #10." Chair Brown then read item #2 as follows: "Provide citizens a chance to comment on any other aspect of the proposed high school, including the Chapel Hill-Carrboro City Schools Board of Education preferred-site on Rock Haven and Smith Level Roads near Culbreth Road." A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the proposed May 27, 2003 Quarterly Public Hearing legal advertisement with the changes as stated above (items #1 and #2 in the school item and the voluntary agriculture districts). VOTE: UNANIMOUS b-1. Authorization to contract with Innovative Design for Analysis of Septic System Options at the Northern Human Services Center in Cedar Grove. The Board considered authorizing the Manager to contract with Innovative Design to conduct an analysis of alternative septic options at the Northern Human Services Center for an amount not to exceed $3,630 in preparation for submission of a grant to the North Carolina Energy Office. Purchasing and Central Services Director Pam Jones said that the grant application has a deadline of next Tuesday. The project is to analyze an alternative septic system. The task force has worked for about two years on the plans for development of this center. The staff met with an architect last week, Mike Nicklas with Innovative Designs, and he presented an alternative septic system. ~~ 12 Information on this system is in the abstract. She made reference to the proposal and said that the only one that the Board must consider tonight is on page six of the abstract, under "Water, Task W3". The grant application has a 90-day turnaround time. Commissioner Halkiotis said that he and Chair Brown have represented the Board with this issue for a long time and this may kick start what needs to happen here. He said that this becomes a living laboratory for wastewater issues. He said that this is a wonderful opportunity to get into the cutting edge and he endorses it. Commissioner Jacobs asked if this approach would be permitted by Orange County. Ron Holdway said that he assumes that this can be permitted and what they are proposing is treatment -not disposal - of wastewater. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to authorize the Manager to negotiate and sign an agreement with Innovative Design in an amount not to exceed $3,630 for costs associated with the feasibility analysis of an alternative septic system at the Northern Human Services Center; and authorize the Manager to sign the grant application to the State Energy Office, due May 13, 2003. VOTE: UNANIMOUS c. Approval of Contract to Purchase Property - Clyde W. Vincent and Louise A. Vincent Estates The Board considered purchasing a 12.2-acre parcel of property located along N.C. 86 North, across from the Northern Human Services Center and instructing the County Attorney and staffs from ERCD and Finance to schedule and complete closing on the property on or before June 30, 2003. Environment and Resource Conservation Director Dave Stancil summarized the information in the agenda. The funding would come from the remaining 1997 parks bond funds and payment-in-lieu funds from the northern district. The recommendation is to approve the purchases and instruct the County Attorney and staff to schedule a complete closing on the property prior to June 30tH Commissioner Jacobs asked if the community group was invited to this meeting, and if not, he would like to send copies of the documentation with a cover note so that they are aware that the Board followed through on its commitment A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the purchase of the property as described in the agenda abstract, and instruct the County Attorney and staffs from ERCD and Finance to schedule and complete closing on the property on or before June 30, 2003. VOTE: UNANIMOUS d. Appointments (1) Adult Care Home Community Advisory Committee -Expansion of Membership and One Appointment The Board considered a request from the Adult Care Home Community Advisory Committee (ACHCAC) to expand the membership of this Committee by four seats; and furthermore, to consider appointing a new member. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to expand the number of committee members for the Adult Care Home Community Advisory Committee from nine to thirteen; designate one of the additional positions as "Services/Work with Mental Retardation;" furthermore, designate three of the additional positions as "Adult Care Home Administration;" and furthermore, appoint Ms. Beth Ellen Barba to an At-Large position for an initial training term to expire June 30, 2004. Commissioner Gordon asked why Ms. Barba would be appointed for only one year as training and then two years afterward. She thought that appointments were made for three years, but the first year was for training. The staff will come back with this information. VOTE: UNANIMOUS (2) Commission for Women The Board considered the appointment of one member to the Commission for Women. 12 13 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Ms. Elizabeth Grew to the Commission for Women to a Chapel Hill Township seat for a first regular term, which will expire June 30, 2006. VOTE: UNANIMOUS (3) Triangle Area Rural Transportation Planning Organization (RPO) -Rural Transportation Advisory Committee (RTAC) -Appointment(s) The Board considered appointing one member and one alternate to the Triangle J Area RTAC and to provide comments regarding bylaws (TAC and TCC). A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Commissioner Jacobs to the Triangle J Area RTAC. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Chair Brown to appoint Commissioner Gordon as an alternate on the Triangle J Area RTAC. VOTE: UNANIMOUS Commissioner Gordon made reference to page six of the bylaws. Commissioner Jacobs said that he would bring forward the changes at the first meeting of RTAC. (4) Efland Cheeks Park Conceatual Plan The Board considered making appointments to the Efland-Cheeks Park Conceptual Plan Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint all six citizens -Leo Allison, Julia Champion, Elvira Mebane, John Pringle, Marie Tate, and Denise Wilson. VOTE: UNANIMOUS 10. REPORTS a. Proposed OWASA Drought Water Conservation Standards and Ordinance The Board received as a presentation information from the Orange Water & Sewer Authority's (OWASA's) proposed water conservation standards. Ed Kerwin from OWASA gave a PowerPoint presentation, which is incorporated by reference. He went through some history of the levels of the reservoirs. All of their reservoirs are currently full. They are currently doing a comprehensive review of 100 conservation management practices and trying to improve the existing Water Conservation Ordinances. Other initiatives include an update of Water Reuse Feasibility Study (joint project with the University), review of "Safe Yield" of OWASA's water supply, and review of rate and pricing alternatives (drought and year-round). Ed Kerwin spoke about the drought last year and what OWASA learned from it. They learned that the existing ordinance was not fair to all users. They had a public forum and there was some good feedback. Some key objectives include improving drought "triggers", promoting greater year-round water conservation, saving more water when restrictions are in effect and achieving better equity among users, and providing greater flexibility by allowing hand-watering orultra-efficient irrigation when restrictions are in effect. The next steps are to respond to questions and suggestions about proposed ordinance changes, seek approval by local governments, and keep customers and local governments informed and involved with other ongoing OWASA initiatives (conservation, reuse, etc). Commissioner Gordon pointed out that every other page of the standards was missing. The even numbered pages were missing. Commissioner Jacobs asked about the comment at the joint meeting in January that OWASA should set very high rates or fines for customers who exceed establish limits. The response was that OWASA did not have the legal authority, but the towns and counties may do so if they choose. He asked if OWASA was pursuing to approach the jurisdictions and ask them to do this. Ed Kerwin said that OWASA could set rates in a more proactive way. Governmental entities can levy fines in their ordinances. Commissioner Jacobs asked if anyone was trying to coordinate, monitor, or mandate collaboration when the water got very low last year. He asked how would a utility determine when it 13 14 would refuse to sell water. Ed Kerwin said that each entity is on its own and the State does not have a mechanism in place. There was good collaboration last year. Commissioner Jacobs said the Board has talked about the importance of developing a permanent conservation ethic. He thinks everyone is losing track of conserving water again. He would like the H2Orange group to report back to the Board again to follow up what was undertaken last summer. He would also like to encourage OWASA to get with the Solid Waste staff and see about working with the Visitor's Bureau or the Economic Development Commission and holding some kind of meeting for all of the hotels and motels and try and develop a conservation ethic that includes recycling and notices to visitors to conserve water. Commissioner Halkiotis asked if the University took the low flow devices for their dormitories, etc. Ed Kerwin said that UNC purchased their own devices and they are working cooperatively with OWASA. Ed Kerwin said that he wants to promote reclaimed water and would like to look for federal or State funds to pursue this. Commissioner Halkiotis asked about notices with respect to the reservoir levels and Ed Kerwin said that they update it on their website. Commissioner Halkiotis said that he would appreciate email notices about the status of the reservoirs. Chair Brown made reference to rain barrels and asked why it was not listed in the conservation methods. Ed Kerwin said that they were not going to mandate this or require people to use them. Chair Brown said that she would like for the County to sell rain barrels. Chair Brown asked how much water OWASA would save by implementing the conservation methods. Ed Kerwin said that he does not know how much water they will save but they will be saving water and educating the public about acting in a responsible way. Chair Brown made reference to the conservation ethic and asked if the County could work together with OWASA on developing one countywide that would also include solid waste. Ed Kerwin said that OWASA would be glad to be a partner with the County on a conservation ethic. Chair Brown asked if OWASA had a point with the combination of development and water usage going up with development that it would not be able to continue supplying water. Ed Kerwin said that they were studying this carefully. This report was for information only at this time. OWASA will be coming back with something for the Board to adopt at a later time. 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to go into closed session "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 Gordon to reconvene into regular session. VOTE: UNANIMOUS 14. ADJOURNMENT A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Margaret Brown, Chair 14 Donna S. Baker Clerk to the Board 15 15