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HomeMy WebLinkAboutMinutes - 20020508 APPROVED 6/18/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 8, 2002 The Orange County Board of Commissioners met in regular session on Wednesday, May 8, 2002 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Alice M. Gordon and Stephen Halkiotis COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (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 Item 5-c was postponed and item 8-u, "Amendment to HUD Cooperative Agreement,"was added. PUBLIC CHARGE Chair Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Susan Osborne presented the County Commissioners with information from the Churton Grove Civic Association. She distributed a packet about the pool and clubhouse. Churton Grove Civic Association is asking the County Commissioners to intercede on their behalf to secure commitments regarding this issue. There are four major issues. They are requesting that the developer, Churton Grove LLC, keep their commitment to complete the pool and clubhouse by the end of 2002. They are basing this on a survey of 2/3 of current inhabitants, a sign that has been on the site, and a cover of a document that was circulated at the time the sign was placed, which was the middle of September. The second issue is that the original plan with the Orange County Planning Department was for the community to have town homes, condominiums, or apartments. They would like to affirm the verbal understanding that it would be town homes and the quantity of those. The third issue is that they would like a clubhouse and pool constructed to ensure longevity of each facility. Lastly, the facility was to be an open membership facility. The facility is for a two meeting room clubhouse and a junior Olympic sized pool. At this time, there are 165 inhabitants that must pay for the use of the pool every month. They are asking that no memberships be sold. She said that many of the inhabitants expected the pool to be available by Memorial Day. She spoke about the documents that were in the information that was distributed to the County Commissioners. She hopes that the County Commissioners will assist the homeowners in getting clarification on this issue as they have been requesting a meeting with the developer since October and have not been successful. This will be referred to the staff and they will make a report back to the County Commissioners, which will be forwarded to Ms. Osborne. Commissioner Brown asked that this be referred back to the County Commissioners before they adjourn for the summer, which is June 27`h b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Gordon made reference to the Durham/Chapel Hill/Carrboro Transportation Advisory Committee meeting that was held this morning. She distributed a handout that had a map of the Northern Durham Parkway. After three years of study, the Department of Transportation says that the alternative (darker line that goes up to the north and comes back down) is not satisfactory for some reasons that are stated under "Alternative Evaluation." There will be a meeting on May 23'' of the Durham County and City officials to discuss this. The Orange County Commissioners are also invited. The understanding is that this will have to be decided fairly quickly— in the next few months — or the money will be lost for any of the alternatives. If the alternative is not acceptable and people go with the recommendation of DOT, it will be the route that the County Commissioners objected to previously. The County Commissioners should be ready to register their opinion on this matter. Commissioner Gordon said that the 2025 Transportation Plan Update has gotten through tier three. The analysis of the five alternatives will be presented on June 26`h Commissioner Gordon said that there are some information items from the TTA and the TAC. The phase one of the regional rail is the railroad corridor that goes from locations in Durham to Raleigh. She pointed out that phase two is important to Orange County. There has been a long process for evaluating US 15-501 and there is a bus/mixed transit alternative, which will go to preliminary engineering and preliminary environmental impact statement. Also, she made reference to alternatives analysis for the I- 40/NC 54 corridor. Phase two is a long ways in the future, but at some point in the near future, the Commissioners may need to express their opinions concerning the relative priority of US 15-501 and 140/NC54. Transportation Planner Karen Lincoln was at the meeting and will provide information to the County Commissioners on this. Commissioner Gordon made reference to the High Occupancy Vehicle study and said that we need to be clear on how many lanes of general vehicular traffic do you have to have before you can get HOV lanes. Her understanding is that you have to have six lanes, three each way, to have HOV lanes. Other people have understood this differently, so it needs to be straightened out. The good news is that DOT has entertained these possibilities. Commissioner Gordon distributed information on the North Carolina Multi-Modal Investment Network and the State Multi-Modal Transportation Plan. The staff attended this meeting. Commissioner Brown asked if DOT has printed something on HOV lanes and if they support these HOV lanes. Commissioner Gordon said that what DOT is saying is that HOV lanes are feasible. Chair Jacobs made reference to the analysis of Don Moffett from the Eno River Association about Eno River Drive and said that there is a less supportive interpretation of DOT's planning process. He asked for copies of this analysis. This area is one of the most environmentally sensitive areas along the Eno River. Chair Jacobs said that representatives from Triangle Transit Authority (TTA) attended a meeting several months ago where there were questions from the County Commissioners, which have not been answered. He said that he was disappointed in the presentation because it was very generic. Planning Director Craig Benedict said that Karen Lincoln will be getting the answers soon and will provide a copy to the County Commissioners. Commissioner Brown asked about the Estes Drive widening proposal and mentioned that there was a DOT meeting at the middle school and she was not informed. Commissioner Gordon said that there is a three-lane road proposal for Estes Drive in the Transportation Improvement Plan (TIP). Nothing has officially changed, but it could. According to the process, part of what DOT does is to reassess the needs and determine the scope of the project. Commissioner Gordon said that the TAC is an advisory committee. Once a project has been approved, it is included in the TIP. Commissioner Brown asked for an update on this meeting. In answer to a question from Commissioner Brown about the construction on 1-40, Commissioner Gordon said that this is a widening project. Chair Jacobs asked for a written report from Karen Lincoln for answers to questions for TTA, what is happening on 1-40, and other projects within Orange County. He suggested developing a bimonthly transportation report. Commissioner Brown made reference to a huge development that is going through the Carrboro process that is on Homestead Road. The University has given some land to enlarge the project that could be up to 400 units. She asked the staff what the County Commissioners' involvement would be in terms of comment or the approval process, since it is in the transition area. She thinks the County Commissioners need to be involved when they start discussing it to ask for a school site and all of the other important infrastructure that needs to be added to a development of this capacity. She is also interested in the supposed affordable housing. She does not think that this development comes under any of the established criteria that Orange County has for affordable housing, in terms of cost or long-term affordability. She asked for staff to come back and explain this issue. Commissioner Halkiotis made reference to a letter from the ABC Board asking for support from the County Commissioners on privatizing ABC Boards in North Carolina. Senator Howard Lee is in support of this. He asked for further explanation on what this is about and the impact on Orange County. Chair Jacobs said that he has requested that John Link invite the new ABC Manager to come to a County Commissioners' meeting, and this is on the agenda for May 21'` Commissioner Halkiotis asked that Senator Lee be contacted for his comments about this bill, which would privatize ABC stores. Commissioner Halkiotis thanked Clerk to the Board Beverly A. Blythe and her staff, Sharron Hinton from the Manager's Office, County Engineer Paul Thames, EMS Director Nick Waters and his staff, Jim Warren from NCWARN, and all of the other people that helped put together the public forum about planning for a possible terrorist threat to the Shearon Harris facility. He said a special thank you to Nick Waters because it takes a lot of courage for a government employee to stand up in a public forum and speak from his heart and admit that our own plan has shortcomings. He was pleased with the outcome of the forum. He also said a special thanks to Beverly Blythe for putting the logistics together for the public forum. Commissioner Halkiotis said that he was concerned with Bob Epting's letter to the editor in the Chapel Hill Herald about the issue of buried waste on the Horace Williams property and a waste pool that is visible from the air. If this is true, he is very concerned and thinks that we should ask for further investigation and a report. Commissioner Brown said that her understanding about the reason for closing the airport was to re- situate the development on the Horace Williams tract to avoid having to deal with this toxic waste dump. She said that for the University to avoid its responsibility and leave it sitting there is completely irresponsible. Chair Jacobs said that the County Manager is looking into the issue of advisory committees, which are being formed for the Horace Williams tract. The County Commissioners have expressed their willingness to be part of the advisory committees. The Manager has been assured that the County Commissioners will be part of the process. He suggested writing a letter from the Board to the Chancellor saying that we have had no direct communication one way or another about the waste and that we are concerned. John Link said that he had a Manager's meeting today and none of the other Managers have been included on any committee regarding the Horace Williams tract. He would be glad to draft a letter to the Chancellor for the Board's review. Commissioner Gordon said that it might be a good idea to get an explanation of the process because the advisory groups are only consulted sometimes through the University. Chair Jacobs congratulated all those involved in the emergency planning symposium. He also thanked Commissioners Halkiotis and Brown who spent a lot of time helping it come to fruition. He suggested nominating the Emergency Management staff for one of the Association of County Commissioners' awards for innovation. Chair Jacobs announced that we would be taking applications for hooking up for the grant program on Rogers Road to the waterline Saturday, May 18`h from noon to 3:00 p.m. at Faith Tabernacle Oasis of Love Church at 8005 Rogers Road. Housing and Community Development Director Tara Fikes will be there to take confidential information and help to get an understanding of who qualifies. Even if someone does not qualify, we need the information so the County Commissioners can get the data and make some decisions about tweaking the program. Chair Jacobs mentioned that the County Commissioners will hold a water summit on Thursday, May 16`h at the Southern Human Services Center from 4:00-8:00 p.m. Water providers will be in attendance. Also, Chatham and Durham County Commissioners and the Towns of Carrboro and Chapel Hill have been invited to attend. There will be discussion on how to better coordinate the provision of water in central Orange County and beyond and to develop some better relationships. He said that he, the Manager, and Commissioner Halkiotis met with the Mayor of Durham, the Mayor Pro Tern of Durham, the Durham City Manager, and Interim Assistant Manager to talk about the water summit and some of the water issues. They also brought up the issue of collaborating on solid waste. The Town officials were very enthusiastic about talking about possible collaborations. They find themselves in the position of having to pay for a transfer station while someone else has built a transfer station within Durham County and is under-pricing them. Also, Durham is facing a surcharge on the waste that is being shipped to Virginia on top of what they are already paying. There were no specific suggestions made to Durham. The Managers will start talking with one another. Chair Jacobs said that the legislature is working on redistricting in response to the State Supreme Court's rendering of the law. It looks like Orange County is not going to fare very well as far as representation compared to how it fared during the 1990's. Chair Jacobs made reference to the budget cuts and said that we are just coming out of a period of prosperity and it is over for a while. We are going to have to change our mentality as a government. He has asked the Manager to list for the County Commissioners in the budget process, all of the items that are funded but for which the funds have not been expended. It may come down to choosing between enhancing audiovisual equipment and feeding people with the Meals on Wheels program. Commissioner Halkiotis said that we need to make some decisions at the State level and quit putting the burden on everybody at the local level. It is the cheap and easy way out. He thinks it is totally wrong to put the pain on the common citizens of this State. He thinks Orange County has been ahead in delaying certain things because services to our citizens are more important than bringing new vehicles online and new computers on desks, etc. John Link said that the County is cutting off all purchasing, effective this Friday, for the rest of the fiscal year. This is always done at some point during the end of or first of June, but it is being accelerated this year. The purchasing freeze is on small equipment, supplies, etc. There will be other ideas shared at the work session this Monday and other work sessions in June. 4. COUNTY MANAGER'S REPORT John Link introduced Martha Shannon who is the new Director of the Arts Commission. Ms. Shannon has 20 years of experience, both locally and at the State and regional level, in organizing the arts. She has been in arts advocacy and knows about creating grants and administering grants. She served as Executive Director of the City of Raleigh Arts Commission for five years in the 1990's. She most recently was Director of Communications for the Institute of Outdoor Drama at UNC. She is a native of Lexington and received her BA in Theater from Lenoir-Rhyne and her Master's in Fine Arts in Theater from UNC. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution of Appreciation for Volunteers Serving on County Boards/Commissions The Board considered a resolution of appreciation for the volunteers serving on Orange County boards and commissions. Commissioner Halkiotis read the resolution. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION ORANGE COUNTY BOARD OF COMMISSIONERS VOLUNTEER RECOGNITION IN ORANGE COUNTY Whereas, the 29`h annual National Volunteer Week, April 21-27, was held to recognize and celebrate the efforts of volunteers at the local, state and national levels; and Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other organizations to provide needed services to county residents; and, Whereas, volunteers have greatly contributed to the enrichment of our communities to help make Orange County a better place to live; and, Whereas, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cost effectiveness and efficiency of government operations; and, Whereas, the involvement of volunteers has strengthened and reinforced the democratic process by volunteers contributing their time to help address community challenges; and, Whereas, during May the Orange County Board of County Commissioners will show its appreciation to its dedicated volunteers by presenting each with a gift of products from A Southern Season. Now Therefore, Let it be Resolved that the Orange County Board of Commissioners sincerely thanks its volunteers for their community spirit, expertise, dedication and commitment to the citizens of Orange County and hereby recognizes the week of April 21-27, 2002 as VOLUNTEER WEEK IN ORANGE COUNTY This, the 8`h day of May 2002. VOTE: UNANIMOUS b. Older Americans Month and Senior Center Week The Board considered designating the month of May as Older Americans Month and designating May 12-18 as Senior Center Week. Commissioner Brown read the resolution for Older Americans Month. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OLDER AMERICANS MONTH WHEREAS, According to the latest population figures, there are more than 15,500 persons over 60 years of age in Orange County; and, WHEREAS, The President of the United States has declared Mayas 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, 2002 as OLDER AMERICANS MONTH AND, further, do encourage all citizens to join us in honoring our older Americans. VOTE: UNANIMOUS Florence Soltys, Chair of the Advisory Board on Aging, accepted the award. The Orange County Board of Commissioners considered the Senior Center Week proclamation. Commissioner Gordon read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION SENIOR CENTER WEEK WHEREAS, Local communities support over 12,000 Senior Centers in the United States, 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 olderpersons 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 OlderAmericans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them, NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the week of May 12 through May 18, 2002 as SENIOR CENTER WEEK AND, further, do call upon the people of Orange County to honor olderAmericans and the Senior Centers that bring together activities and services to their benefit. VOTE: UNANIMOUS C. EMS Week and Recognition of EMS Agencies' Achievements The Board was to consider proclaiming May 19-25 as Emergency Medical Services Week and recognizing the achievements of emergency medical services agencies in Orange County. However, this was postponed to the next meeting. 6. SPECIAL PRESENTATIONS a. Child Fatality Prevention Team Presentation/Community Child Protection Team Presentation The Board heard a presentation from the Child Fatality Prevention and Community Child Protection teams on child fatalities in Orange County. Dr. Dana Lynen Weber, pediatrician at both Duke and UNC, specializing in child maltreatment, spoke. She is also a member of Orange County's joint team. She submitted the annual report. The team is charged to review the records of all child fatalities in the County. During this fiscal year, they have reviewed seven child fatalities. The causes were varied, but fit national statistics. In particular, they were interested in looking at the incidents of sudden infant death syndrome in this County. Since 1999, there have been four cases of SIDS. The one factor that seemed to link these cases is the incident of co-sleeping. There is some concern that there might be accidental asphyxiation. They are also choosing to look at the issue of smoke detectors and rental properties. As far as actions taken, the team has become involved in child death scene investigation training. They are also starting to monitor child fatalities, in particular, SIDS cases. During this fiscal year, the team has reviewed 17 cases of child abuse and neglect. The teams act in strict confidentiality. The key issues that link these cases are substance abuse, mental illness problems, family violence, unemployment, and poor parenting skills. Their recommendation is to continue close coordination between all the various multi-disciplinary groups. In particular, it is important to continue the link between law enforcement and DSS in domestic violence situations. b. Drinking Water Week and OWASA Taste of Hope Program The Board considered proclaiming May 5-11 as Drinking Water Week and encouraging participation in the Orange Water and Sewer Authority's (OWASA) "Taste of Hope" customer assistance program. Chair Jacobs read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION 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 fifth through the eleventh of May, two thousand and two 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 eighth day of May 2002. VOTE: UNANIMOUS Angie Smith from OWASA said that the InterFaith Council and OWASA would like to make a brief public appeal for participation for the Taste of Hope customer assistance program. If a customer chooses to participate, the customer's bill is rounded up to the nearest dollar. The extra money goes to help those customers who cannot afford their water bill. Chris Moran from the InterFaith Council said that the goal is to double the amount of contributions and participants in the Taste of Hope program. He said that they are seeing more people than they ever have. He said that at the end of March, 19% more of their clients are employed, 22% more are receiving public assistance, 10% more are African American, there are 50% more requests for food, 10% more have been helped with rental assistance, and 19% more have been helped with utilities. The numbers keep rising. He encouraged the public to join this program. Commissioner Brown verified that there are 18,000 OWASA customers and only 600 have signed up for the Taste of Hope program. 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve those items on the Consent Agenda as listed below: a. Motor Vehicle Property Tax Refunds The Board approved 93 requests for motor vehicle tax refunds, resulting in a net reduction of $10,104.13 to Orange County, the towns, and school and fire districts in accordance with the resolution, which is incorporated herein by reference. b. Refund of Real Estate Excise Stamps The Board approved a request for refund of real estate excise stamps paid pursuant the sale of real property in the amount of$672.00. C. Audit Contract for June 30, 2002 Fiscal year The Board approved and authorized the Chair to sign a contract for Cherry, Bekaert and Holland, certified public accountants, in the amount of$61,000, for audit services for the fiscal year ending June 30, 2002. d. Child Support Attorney Contract The Board awarded and authorized the Chair to sign a contract to Coleman, Gledhill and Hargrave, at an hourly rate of$90, to provide legal representation for the Child Support Enforcement office. e. Emergency Management Grant Program Funding The Board approved the submission request for continuation of grant funding from the State Emergency Management Agency to help support the County's emergency management program and authorized the Chair to sign the grant application. f. Health Insurance Continuation Option for County Commissioners The Board approved providing an option for County Commissioners to continue to participate in the County's group health insurance program at the end of a Commissioner's term by paying the full cost for health insurance coverage. g, Impact Fee Reimbursement— Habitat for Humanity Richmond Hills Project The Board approved an impact fee reimbursement request from Habitat for Humanity in the amount of$24,000 for eight new homes in the Richmond Hills project. h. Housing Rehabilitation Contract Award The Board awarded and authorized the Chair to sign two housing rehabilitation contracts in the amount of$27,260 at 165 Hayes Street in Hillsborough and $22,725 at 1004 Lipscomb Grove Church Road, to Taylor Home Improvements for the HOME and CDBG housing rehabilitation program. i. Transmittal of Orange County Hazard Mitigation Plan to the State Division of Emergency Management This item was removed and placed at the end of the consent agenda for separate consideration. L Legal Advertisement for May 28, 2002, Quarterly Public Hearing This item was removed and placed at the end of the consent agenda for separate consideration. k. Contract Renewal with Triangle J Council of Governments for Household Hazardous Waste Support Services The Board authorized the renewal of an existing contract at a projected cost of$7,500, with the Triangle J Council of Governments through June 30, 2003, to provide household hazardous waste support services and authorized the Chair to sign the contract. I. Lease Renewal: Moody Building The Board approved and authorized the Chair to sign the renewal of a lease for the Moody Building, 103 Laurel Avenue, Carrboro, through June 30, 2005. m. Lease Renewal: Probation and Parole at the Moody Building The Board authorized the renewal of a lease with the State of North Carolina for its intensive probation and parole program at 103 Laurel Avenue, Carrboro, and authorized the Chair to sign. n. Change in Board of County Commissioners Regular Meeting Schedule The Board amended its regular meeting schedule by adding a meeting on May 16, 2002, 4-8 p.m. at the Southern Human Services Center in Chapel Hill for a water summit; adding a meeting June 6, 2002, 5:30 p.m. at the Government Services Center in Hillsborough with the Orange County Planning Board prior to the scheduled 7:30 p.m. budget public hearing; and changing the meeting time of the scheduled May 13, 2002 budget work session from 7:30 p.m. to 6 p.m. o. Appointment to the Chapel Hill Parks and Recreation Commission The Board appointed Peter Schwartz as the County representative to the Chapel Hill Parks and Recreation Commission for a term to commence July 1, 2002 and end June 30, 2005. p. Appointment to the Commission for Women The Board appointed Ms. Arthrell Dupree Sanders to the Commission for Women for a first term expiring June 30, 2005. _q. Proposed Amendments to the Commission for Women Bylaws The Board approved amendments to the bylaws of the Commission for Women. r. Reappointments to the Commission for Women The Board reappointed to the Commission for Women Ida L. Fuller and Susan Lee Simpson for first terms to expire June 30, 2005 and Hazel W. Lunsford for a second term to expire June 30, 2005. S. Reappointments to the Recreation and Parks Advisory Council The Board reappointed to the Recreation and Parks Advisory Council Patrick M. Sullivan to a second term and David A. 'Tony" Britt to a first full term, both to expire on March 31, 2005. t. Minutes The Board approved minutes from the following meetings: Feb. 2, 2002, annual retreat; Feb. 19, 2002, regular meeting; and, Feb. 25, 2002, quarterly public hearing. U. Amendment to HUD Cooperative Agreement The Board approved the amendment to the HUD Cooperative Agreement and authorized the Chair to sign the agreement. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA i. Transmittal of Orange County Hazard Mitigation Plan to the State Division of Emergency Management The Board considered authorizing the transmittal of the latest draft of the Orange County Hazard Mitigation Plan to the North Carolina Division of Emergency Management for its comments. Commissioner Gordon asked how drought conditions were addressed. Planning Director Craig Benedict said that this document is coordinated with Hillsborough and Carrboro. Chapel Hill is doing its own plan. Concerning drought conditions, when coordinating this with the State, there is not a regulation that can prevent it except conservation measures. The measures that the County is considering are those that will be discussed at the water summit and also proposals by OWASA. These issues will be discussed with the State to be wrapped into a mitigation strategy. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to authorize the transmittal of the latest draft of the Orange County Hazard Mitigation Plan to the North Carolina Division of Emergency Management for its comments. VOTE: UNANIMOUS L Legal Advertisement for May 28, 2002, Quarterly Public Hearing The Board considered authorizing the legal advertisement for the scheduled May 28`h quarterly public hearing. Chair Jacobs distributed a revised agenda for the quarterly public hearing. Informational items will be presented in addition to the public hearing. Commissioner Gordon said that the only thing on the quarterly public hearing agenda is the Schools Adequate Public Facilities Memorandum of Understanding (MOU). She recommends at the end of the second paragraph to leave off the last sentence on the page. This is on page three at the bottom, "Other local governments are also in the process...." These changes were noted by Craig Benedict. Chair Jacobs said that the Schools Adequate Public Facilities (SAPF) MOU has been considered by other governing boards in Orange County. He asked how this process would work so we could avoid having to respond to make changes to the Memorandum of Understanding if and when another elected board makes changes. We have not heard from Carrboro and we did receive a letter from the Orange County School Board indicating they are not ready to adopt this. He said that it might be premature to bring this forward to public hearing again. Craig Benedict said that the reason they are suggesting that this come forward again is because there have been some changes since November 2000, which was the last public hearing on the SAPF MOU. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the legal advertisement for the May 28, 2002 Quarterly public hearing as amended by Commissioner Gordon, including the informational items as distributed by Chair Jacobs. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Agricultural Conservation Easement from the Wizard's Cauldron The Board considered accepting a deed of easement granting a perpetual easement to Orange County at Wizard's Cauldron, 5411 Highway 86 N. in Cedar Grove. Economic Development Director Dianne Reid made this presentation. This easement will allow the transfer of development rights to the front portion of the property so that there can be an expansion of the existing operation and the company can continue to grow. John Troy, owner of Wizard's Cauldron, said that all of his products are certified organic. He would like to keep his company where it is and continue to grow. He thinks that his company is an asset to the County. The Commissioners commended John Troy for his company and the asset that it is to Orange County. John Troy said that he just found out about the living wage in Orange County and he is going to increase his salaries to reflect this. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to accept the deed of easement and authorize the Manager to execute the deed on behalf of Orange County as grantee. VOTE: UNANIMOUS b. Housing Bond Program — Change in Location The Board considered approving the transfer of$300,000 in housing bond funds from the Freedom Park apartment project to the Club Nova single room occupancy project. Housing and Community Development Director Tara Fikes said that the Club Nova project is being developed by the OPC Foundation and the North Carolina Mental Health Association. She gave background information, which was outlined in the agenda abstract. The site is at 103 W. Main Street in Carrboro. All of the 24 single-room occupancy units will be built directly behind the existing Club Nova building and will serve families with disabilities and with incomes below 30% of the County's median income level. This project is now going through the Town of Carrboro's planning process, and the Town approved a conditional use permit for the project on April 9`h. She made reference to page seven of the agenda abstract, which is the budget for the project. The layout of the project is on page 13 of the agenda abstract. Chris Moran from the InterFaith Council said that IFC has developed various affordable housing projects and sponsored with other organizations. Their mission right now is not to be a developer, but through the continuum of care process, to have the capability of bringing more affordable housing dollars in Orange County. There will be more requests on June 21't for money for affordable housing. He said that they were very excited about this project that is long overdue. There are members of Club Nova who have been served by IFC and who have volunteered for IFC. Their aim is to partner with others to develop these types of projects. Commissioner Brown said that this was the culmination of putting affordable housing on the bond. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the transfer of$300,000 in housing bond funds from the Freedom Park apartment project to the Club Nova single room occupancy project. VOTE: UNANIMOUS C. Appointment to the International Council for Local Environmental Initiatives (ICLEI) The Board considered appointing one of its members as a liaison to ICLEI. Commissioner Brown volunteered to be the County Commissioner liaison. Environment and Resource Conservation Director David Stancil said that he would be monitoring the activities of this organization and would be updating the County Commissioners. Commissioner Halkiotis volunteered to be the alternate. The Board made these appointments by acclamation (Commissioner Brown as liaison and Commissioner Halkiotis as alternate). d. Reappointment to the Orange Community Housing and Land Trust (OCHLT) The Board considered an appointment of an Orange County representative to OCHLT. Commissioner Brown said that she has always thought that a County Commissioner should sit on this board. There are other elected officials on this board. She would like some feedback from Wayne Kuncl on the activities of this board. A motion was made by Commissioner Carey, seconded by Commissioner Brown to reappoint Wayne Kuncl to the Orange Community Housing and Land Trust Board of Directors. Wayne Kuncl will report to the County Commissioners semiannually on what is happening on this board, not simply a financial report. The staff will write a letter for the Chair to sign to Mr. Kuncl, explaining his responsibility as an Orange County representative. VOTE: UNANIMOUS e. Appointments to the Recreation and Parks Advisory Council The Board considered filling six vacancies on the Recreation and Parks Advisory Council and moving one at-large member to the vacant Eno Township position. The Board decided that this would be a first look and that it would be brought back to a future meeting. f. Change in Bylaws of the Recreation and Parks Advisory Council The Board considered amending the bylaws for the Recreation and Parks Advisory Council. Chair Jacobs said that there have been vacant positions for nine years for representatives of the Recreation and Parks Commissions of Chapel Hill and Carrboro. This prevents us from filling those slots with people who live in Chapel Hill and Carrboro who may not be on those recreation boards. The proposal is to change the bylaws so that advisory board members only have to live within those towns. This will give more flexibility to the board. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the change in the Recreation and Parks Advisory Council bylaws as presented. Commissioner Gordon said that it would be good to re-advertise for this board. VOTE: UNANIMOUS 10. REPORTS a. Status Report and Preliminary Budget—Orange County 250th Committee The Board considered a report and budgetary consideration for the Orange 250`h Anniversary Planning Committee. Environment and Resource Conservation Director David Stancil said that this is an update on planning for the 250`h anniversary of Orange County. The first County court was held on September 9, 1752. He said that the activities since February 2"' have been attempts to broaden the level of activity and participation. They have involved the school systems, the University, local media, the ArtsCenter, and other organizations and groups. There have been several meetings and good representation to date. They have pursued a more grassroots theme. The general approach was to sponsor two or three County-oriented events and ask all of the different organizations to incorporate the 250`h anniversary into existing activities. The primary themes are freedom, education, cultural diversity, and preservation. The planning committee has developed some subcommittees. The kickoff event is tentatively scheduled for September 7`h and 8`h Economic Development Director Dianne Reid spoke about the logo design competition. This competition is now underway. The deadline for entry is May 24`h. She asked if any one of the County Commissioners would like to serve on the selection committee. The two categories will be students and adults. The overall winner will be selected from those two categories. The winner of each category will receive $100. Commissioner Brown nominated Chair Jacobs to be on the selection committee. Dianne Reid pointed out the preliminary budget. All of the staff representatives on the planning committee are getting together on May 20`h to reevaluate the budget and develop a better plan of action. Chair Jacobs said that the goal was not to ask for any additional money, but to use money within existing budgets. Commissioner Halkiotis said that he has some concerns about funding a position for 20 hours a week for one year and 15 hours a week for three months. He would like to get as much private sector money for this as possible. He is concerned because of all that is going on with the state budget. Commissioner Brown said that she feels that corporate funds should be used to fund this celebration. She also feels that the Women's Commission should be part of this celebration because of the beginning of women voting and the participation of women in the political system in Orange County. She would like this to be acknowledged. Chair Jacobs assured Commissioner Brown that this was the intention. Commissioner Gordon agreed with Commissioners Brown and Halkiotis about the financial concerns. She would like to add the groups who are mentioned. She said that this is not something we can afford in these times. The budget has to be scaled back and more volunteers are needed — assets or time. Chair Jacobs also shares the financial concern and said that they were working on other ways to get funds, especially private funds. 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to go into Closed Session "to consider the qualifications, competence, performance, character, fitness, conditions of appointment or conditions of initial employment of an individual public officer or employee or prospective public officer or employee," NCGS 143-318.11(a)(6), and "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board," pursuant to G.S. 143-318.11(a)(3). VOTE: UNANIMOUS RECONVENED INTO OPEN SESSION The Board of County Commissioners took action in closed session to reconvene into open session to consider an item in open session. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to "authorize the Director of Purchasing & Central Services, the County Attorney and the Sheriff of Orange County acting jointly to provide appropriate notice to Mr. Samuel Williams Ferebee, on behalf of Orange County, concerning his presence on premises owned by or leased to Orange County and the fact that he will be trespassing if he enters or remains on premises owned by or leased to Orange County contrarily to any such notice given." VOTE: Ayes, 4; Nos, 1 (Commissioner Brown) 13. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to adjourn this meeting at 11:40 p.m. The next meeting is scheduled for Monday, May 13, 2002 at 6:00 p.m. at the Government Services Center in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC