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HomeMy WebLinkAboutMinutes - 20020521 APPROVED 9/3/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS May 21, 2002 The Orange County Board of Commissioners met in regular session on Tuesday, May 21, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY ATTORNEYS 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 8-f was deleted. PUBLIC CHARGE Chair Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Roy McAdoo from Cheeks Township in Efland said that his concern is to get his son's house hooked onto the sewer system in Efland. His son had not originally signed a contract so that he could be hooked onto the sewer. He said that he contacted County Engineer Paul Thames who indicated that he would need to bring this before the County Commissioners for consideration. His son would like to get onto the system before his current system fails. Chair Jacobs said that this item would be referred to staff and a report would be forthcoming to the Board and to Mr. McAdoo. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Brown said that a meeting took place in Winston-Salem on Mental Health reform and the Chief of Mental Health stated that section VIII housing was probably available in Orange County for people who will leave the mental institutions, which is not true at all. Orange County does not have any section VIII housing vouchers available and there are hundreds of people on the waiting list for housing. She asked that a letter be prepared to let the Chief of Mental Health know that this is not the case in Orange County and that section VIII housing is not available and that he should reconsider the misinformation that was given to the public. Commissioner Carey made reference to correspondence informing us of the action that the NCACC Board of Directors took last week to find ways to raise revenue to help the County get out of their financial bind. One way was to authorize the counties to levy a % cent sales tax and he encourages the County to support this. The Association of County Commissioners is asking the legislature that the % cent sales tax already in effect at this time be used to help alleviate the burden on the counties for Medicaid. North Carolina is only one of six states where Medicaid costs are passed down to county government. The counties are spending about $430 million dollars statewide to support Medicaid. The % cent sales tax would generate about $398 million. Commissioner Gordon asked if there was any way for the State to take over Medicaid instead of the counties. Commissioner Carey said that it was unlikely that the State would take over Medicaid unless it got something out of it. The proposal is that the State gets to keep the $398 million for next year, but after that it comes to the counties in the form of Medicaid relief. Commissioner Halkiotis said that the County Commissioners received some information from the Orange County Partnership for Young Children that explained how the 10% State budget cuts would impact their program. There will be even more cuts in Smart Start, which will have devastating impacts on young children. He talked with the Director of Smart Start in Orange County Michelle Revist this morning. He asked the County Commissioners to authorize him to work with Michelle Revist to draft a resolution to be sent to the Governor, the Orange County legislators, and other key legislators in both the Senate and the House. The resolution will highlight the accomplishments and the successes of the Orange County Smart Start program. The Orange County program is considered a model across the State and has won many awards. The Board agreed that Commissioner Halkiotis should work with Michelle Revist on a resolution to be placed on an upcoming agenda. Commissioner Halkiotis praised Jerry Passmore and the Orange County Department on Aging on the RSVP (Retired and Senior Volunteer Program) given at the Friday Center today. He said that he was so very proud of this program. The volunteers have contributed in excess of a million dollars in services. Commissioner Gordon said that the Schools and Land Use Council has been working on the Memorandum of Understanding and the Adequate Public Facilities Ordinance. They have made recommendations on all outstanding parts of the Memorandum of Understanding. The Chapel Hill Town Council and the Carrboro Board of Aldermen have approved the Memorandum of Understanding. The Chapel Hill-Carrboro City Schools are very close to approving this Memorandum of Understanding and the Orange County Schools and the Hillsborough Town Commissioners plan to discuss this in the near future. Also, the Schools Facilities Task Force met the other day and had an introductory meeting. They will meet in another two weeks to talk about school construction standards. Commissioner Gordon recognized members from our Division 7 NCDOT. She said that the County Commissioners talked the other day about a way to have Orange County notified when projects are coming to fruition. The County Commissioners would like an automatic update and she asked who would be the best person to work this out. Chair Jacobs said that on behalf of the Board he wishes to express condolences to Mayor Glendel Stephenson of Mebane whose wife passed away over the weekend. A token of remembrance was sent to his home. Chair Jacobs informed the public and the Board that on Thursday evening they would be televising the presentation of the budget as well as the following work session on solid waste. Chair Jacobs said that there was a meeting over the weekend celebrating the completion of the fund raising for the Little River Regional Park. This attracted sufficient State and federal grant money. The County's portion is only $700 an acre. People were very appreciative and very mindful of the collaborative nature of this project. Chair Jacobs said that on Saturday afternoon a meeting was held with the Rogers Road community to hear information on the grants which would enable citizens in that area to hook up to the waterline that was installed. A report will be on the first agenda in June on how many people qualify and if any adjustments need to be made. Chair Jacobs made reference to the water summit held last Thursday the 16`h at the Southern Human Services Center. There were presentations from Orange County, Hillsborough, Orange Alamance, Durham, OWASA, Mebane, and Chatham County. He said that it was very informative and people came away with a better appreciation of the water and sewer issues in this region. Even though we were told that we have a surplus of water in the region, it was pretty clear that unless we do a better job of coordinating and sharing, then we will continue to have extremely high prices in one place while another jurisdiction may be sitting on 20 or 30 million gallons per day of capacity. Chair Jacobs made reference to a memo from the County Manager regarding the annual report published by the Public School Forum of North Carolina on school funding. Orange County has ranked first in the state in per pupil spending for the last five years. The next closest county is almost $1,000 less per pupil. The lowest per pupil allocation is $587. There is a court ruling that requires the State to start to address this incredible inequity between this rich County and some other county that has less than $600 per student. This is not equitable education. Chair Jacobs made reference to the maps of Orange County's legislative districts. The State legislature is about to cut the County into pieces, which separate the north from the south. He thinks that this is a shame and does not serve the citizens of Orange County. Chair Jacobs made reference to the windfall of improperly designated sales tax and other revenues as a result of our contracting with Segal and Associates. He wants to make it clear that, based on the work of the Innovation and Efficiency Committee, the County contracted with Segal and Associates which resulted in significant monies for Orange County and the municipalities. One of the school systems has also contracted with Segal and Associates, but the other has not. John Link said that he heard that the County would receive at least $400,000 as a result of this finding. Chair Jacobs suggested writing a letter to the Chapel Hill-Carrboro School system saying that the County expects them to contract with Segal and Associates for an evaluation. Commissioner Brown said that she feels it is important for the water utilities to know that what they each do in their own company may not reflect the public interest. Commissioner Brown said that some of us, like Orange County, have done an extremely good job of protecting our water resources. The ones that have not done a good job need to upgrade their land use planning and come up to the standards Commissioner Carey said that he was encouraged by the information he heard at the water summit and the spirit in which tough issues were discussed. He feels that some good will come from this summit and hopefully some continued collaboration and partnerships will develop. Even though there is not a regional plan, the linkage is in place to encourage a regional effort. 4. COUNTY MANAGER'S REPORT John Link recognized Valerie Curry and Jean Johnson and congratulated them on receiving their certification in the Tax Office. Valerie Curry has been most recently appointed as Deputy Tax Collector and Jean Johnson has been most recently appointed as Assistant Tax Collector, which means that she is now able to support the Deputy Tax Collector. Also, he said that there have been recent items in the media about some perceptions that the hours of operation for American Stone Quarry have changed with the advent of the Special Use Permit. He wants to assure everyone that there has been no change in the hours for American Stone. The hours are 7:00 a.m. — 7:00 p.m. Monday through Saturday. Also, the Board of Health will be ready in June to bring back to the County Commissioners a no-fault policy on how we can address legitimate issues that folks want to bring to our attention relative to the water source and the operation of wells in the quarry area. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution Honoring Mildred "Mama Dip" Council The Board considered a proclamation recognizing Mildred "Mama Dip" Council as third runner-up in the U.S. Small Business Administrations National Small Business Person of the Year, and as winner of North Carolina's Small Business Person of the Year. Chair Jacobs read the resolution. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION HONORING MILDRED "MAMA DIP" COUNCIL ON BEING NAMED ONE OF THE BEST SMALL BUSINESS PERSONS IN THE COUNTRY WHEREAS, Mildred Council (or "Mama Dip" as she's more commonly known) opened an 18-seat restaurant in Chapel Hill in 1976 with only $64 in cash and a reputation as a good cook; and WHEREAS, Ms. Council is a self-taught entrepreneur who learned business management through classes, seminars, and on-the-job training; and WHEREAS, as a divorced mother of eight, Ms. Council faced and overcame serious financial challenges as she expanded her restaurant, Mama Dip's Country Kitchen, into a Triangle institution; and WHEREAS, she has authored one cookbook, is at work on a second, and has appeared on national television cooking shows; and WHEREAS, Ms. Council has consistently given back to the community in numerous ways, including mentoring young people and serving on various volunteer boards and commissions, including Orange County's Skills Development Center Advisory Committee and the Advisory Board on Aging; and WHEREAS, Mildred Council was nominated and chosen as North Carolina's Small Business Person of the Year for 2002; and WHEREAS, Mildred Council was selected as third runner up in national competition by the U. S. Small Business Association from among state Small Business Persons of the Year representing the 50 states, the District of Columbia, Puerto Rico, and Guam; NOW, THEREFORE, BE IT RESOLVED THAT THE Orange County Board of Commissioners recognizes and honors the achievements of Mildred Council as an entrepreneur, as a small business person, and as a citizen. This, the 21't day of May 2002. VOTE: UNANIMOUS b. Nursing Home and Adult Care Home Community Advisory Committees Appreciation Day The Board considered recognizing the members of the Orange County Nursing Home and Adult Care Home Advisory Committee members for their advocacy efforts on behalf of the county's long- term care residents by proclaiming June 5, 2002 as Community Advisory Committee Appreciation Day. Commissioner Brown read this proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: Community Advisory Committee Appreciation Day Whereas: Nursing Homes and Adult Care Homes have accepted the responsibility for providing long term care health services to the citizens of our community; and Whereas: Over 800 residents reside in long term care facilities in Orange County; and Whereas: The quality of care and quality of life of long term care residents depend upon the daily, conscientious services and hands-on care provided by long term care facility staff, as well as the honoring of the federal and state Residents' Bill of Rights; and Whereas: Nursing Home and Adult Care Home Community Advisory Committees, whose members are appointed by the County Commissioners, serve as grassroots ombudsmen and advocate for the rights of residents, as well as the physical, mental, emotional, and spiritual well-being of these residents; and Whereas: Nursing Home and Adult Care Home Community Advisory Committees are trained volunteers who collaborate closely with residents, family members, facility staff, the Long Term Care Ombudsman Program, the Orange County Department on Aging, and regulatory agencies to ensure quality care in full recognition of residents' dignity and individuality; and Whereas: These Committees serve as the nucleus for increased community involvement with long term care facilities and their residents; and Whereas: The Committees promote community education and awareness of the needs of long term care residents, and work toward keeping the public informed about aspects of long term care; and Whereas: The committees apprise themselves of the general conditions under which residents are residing in the homes, and work for the best interests of these residents; Now, Therefore, do we, the Orange County Commissioners, hereby proclaim June 5, 2002 as Community Advisory Committee Appreciation Day And urge all citizens to join with us in this observation and do encourage citizens to express appreciation for the advocacy efforts of the Nursing Home and Adult Care Home Community Advisory Committee members who represent the public good for Orange County. This, the 21't day of May 2002. VOTE: UNANIMOUS C. Resolution Designating Voluntary Agricultural District— Bacon Family The Board considered a resolution certifying farmlands identified by the Bacon family as qualifying farmland and designating a Voluntary Agricultural District. Environment and Resource Conservation Director David Stancil said the Bacon Family Farm on St. Mary's Road would add 160 acres to the voluntary agricultural district. Commissioner Halkiotis read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below: A Resolution Certifying the Bacon Family Farm as Qualifying Farmland and Designating a Voluntary Agricultural District WHEREAS, Orange County adopted a Voluntary Farmland Preservation Program Ordinance in 1992 with provisions for the creation of Voluntary Agricultural Districts; and WHEREAS, since 1992 seven farms totaling 1,517 acres have enrolled in the Voluntary Agricultural District program; and WHEREAS, the Voluntary Agricultural Districts program has been a valuable tool in promoting farmland preservation among willing participants; and WHEREAS, Don Johnson, on behalf of himself and other family members, has applied to enroll lands owned by himself and his family in the program; and WHEREAS, the review by staffs from ERCD, Soil and Water and the Tax Assessor validate the eligibility of 160 acres of the Bacon family lands in the application; and WHEREAS, on April 17, the Agricultural Preservation Board approved certification of the aforementioned 160 acres (as shown on the accompanying map) as qualifying farmland and unanimously recommended the designation of Voluntary Agricultural District for these lands: NOW THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners, in keeping with its interest in the preservation of natural and cultural resources hereby designates the 160 acres of the Bacon family farm (as shown on the attached map) as a Voluntary Agricultural District. BE IT FURTHER RESOLVED that the Board thanks Mr. Johnson and the Bacon family for its interest in the preservation of farmland in Orange County and for its long time commitment to being good stewards of the land. This, the 21't day of May 2002. VOTE: UNANIMOUS d. Resolution Designating Voluntary Agricultural District— Lee Miller Property The Board considered a resolution certifying the Lee H. Miller farm as qualifying farmland and designating a Voluntary Agricultural District. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: A Resolution Certifying the Lee Miller Farm as Qualifying Farmland and Designating a Voluntary Agricultural District WHEREAS, Orange County adopted a Voluntary Farmland Preservation Program Ordinance in 1992 with provisions for the creation of Voluntary Agricultural Districts; and WHEREAS, since 1992 seven farms totaling 1,517 acres have enrolled in the Voluntary Agricultural District program; and WHEREAS, the Voluntary Agricultural Districts program has been a valuable tool in promoting farmland preservation among willing participants; and WHEREAS, Lee Miller has applied to enroll his farmlands in the program; and WHEREAS, the review by staffs from ERCD, Soil and Water and the Tax Assessor validate the eligibility of 142 acres of the Miller farm in the application; and WHEREAS, on April 17, the Agricultural Preservation Board approved certification of the aforementioned 142 acres (as shown on the accompanying map) as qualifying farmland and unanimously recommended the designation of Voluntary Agricultural District for these lands: NOW THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners, in keeping with its interest in the preservation of natural and cultural resources hereby designates the 142-acres of the Lee Miller farm (as shown on the attached map) as a Voluntary Agricultural District. BE IT FURTHER RESOLVED that the Board thanks Mr. Miller for his interest in the preservation of farmland in Orange County and for his long time commitment to being a good steward of the land. This, the 21't day of May 2002. VOTE: UNANIMOUS e. Resolution of Intent to Establish a Satellite Campus of Durham Technical Community College in Orange County The Board considered a resolution of intent to site a satellite campus of Durham Technical Community College in Orange County and confirming the composition of the site selection work group. Dr. Marianne Peters, Board of Trustees; Dr. Phail Wynn, President; and Barbara Baker, Vice-President of the college were in attendance. Director of Central Stores and Purchasing Pam Jones said that the resolution would bring the satellite campus to the next step. The task force identified the need for the campus in November 2000. The statewide community campus bonds passed in 2000 had $4 million designated for this campus. There is a match for this contribution — in kind or cash. The groups that are targeted for participation on the site selection committee are on page two of the agenda abstract. The employer group and the citizen's at-large group will be advertised by the Clerk and brought back at the August 20`h meeting. The charge for the site selection group will also be brought back on August 20`h Dr. Phail Wynn asked that the County Commissioners support this resolution as the next step and vital to the community of Orange County. He said that they have certainly enjoyed working with the staff and he appreciates the work that Pam Jones has done. Commissioner Carey read the resolution and thanked the representatives from Durham Tech and the staff for all the hard work. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF INTENT TO PURSUE A SATELLITE CAMPUS OF THE DURHAM TECHNICAL COMMUNITY COLLEGE IN ORANGE COUNTY Whereas, the Orange County Board of Commissioners appointed a Community College Task Force in March 2000 to explore the feasibility of a satellite campus of the Durham Technical Community College (DTCC) in Orange County; and Whereas, the Task Force findings indicated that Orange County was the largest County in North Carolina without community college services and that thousands of Orange County residents are enrolled for community college offerings each semester at community college campuses in the area; and Whereas, DTCC already has a strong presence in Orange County through its classes offered at over 40 different locations throughout the County, including a strong partnership with both public school systems in the County; and Whereas, the presence of a DTCC satellite campus would offer an affordable alternative to a four-year college for Orange County residents and would provide an opportunity for residents to upgrade their skills for higher paying jobs as well as to allow workers who may have been laid off from their previous jobs to retrain within their resident county for different and better jobs; and Whereas, the Board of County Commissioners received evidence of public support for the satellite campus at both public hearings held on the matter; and Whereas, the formal declaration of the Board of Commissioners' intent to pursue a DTCC satellite campus will allow the State of North Carolina and the Trustees of the DTCC, in collaboration with the Orange County Commissioners, to move forward with planning for the project's opening in the fall of 2006; and Whereas, the Board of Commissioners has earmarked $4 million in Orange County's 2002-12 Capital Investment Plan to match the State bond funds that were approved by voters for community colleges in 2000 and are earmarked by DTCC for an Orange County satellite campus; Now, Therefore, be it resolved that the Orange County Board of Commissioners hereby approves this Resolution of Intent to Pursue a Satellite Campus of the Durham Technical Community College in Orange County. This, the 21't day of May 2002. VOTE: UNANIMOUS Commissioner Brown made reference to the composition of the site selection work group. She would like to defer this to the next agenda because she has a lot of questions about it. She said that she would prefer seeing additional people from both school systems on the committee and perhaps a representative from the University. She does not see any reason for having two representatives from the Chamber of Commerce. She would also like to see someone from the Economic Development Commission. Commissioner Gordon would like to see at least two representatives from each school system. She would also like to see a representative from the Planning Board and from the Commission for the Environment. Commissioner Gordon would also like to see the County Commissioners work on some guidelines before charging this committee with its purpose. Commissioner Carey said that the task force made some recommendations for some guidelines to the County Commissioners. These will be given to the committee. Commissioner Carey supports having members from the Chambers of Commerce on this committee because we are going to be training people to work in the business community. Commissioner Halkiotis suggested and the County Commissioners agreed to bring this back for a decision on a later agenda. f. Resolution Endorsing Naming Bridge on U.S. 15-501 over Morgan Creek for James Taylor The Board considered a resolution endorsing naming a new bridge on U.S. 15-501 over Morgan Creek for James Taylor. This is in response to a request by the Chapel Hill Museum Board of Directors and endorsed by the Chapel Hill Town Council. Planning Director Craig Benedict said that the Chapel Hill Museum Board of Directors sent a letter to Chapel Hill and to Orange County asking that the local governments endorse the renaming of the bridge. Chapel Hill has proceeded with the endorsement. Orange County would be putting the application together and forwarding the request to District 7. Commissioner Brown asked if James Taylor was informed and approved of this. Morgan Kennedy, Director of the Chapel Hill Museum, said yes, Mr. Taylor has approved this request. He said that it has been mentioned in news reports that Mr. Taylor came here when he was very young and lived on Morgan Creek. One of his songs, "Copper Line", talked about Morgan Creek. One of the outcomes of this was when the press first heard of the intention for renaming the bridge, they were contacted by the Botanical Garden about raising awareness of the environmental impact of development along the Morgan Creek corridor. Commissioner Gordon read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the resolution as presented and stated below: A RESOLUTION ENDORSING THE NAME "JAMES TAYLOR BRIDGE" FOR BRIDGE ON US 15-501 OVER MORGAN CREEK WHEREAS, the North Carolina Board of Transportation (NCBOT) will consider local requests to name bridges according to procedures approved by the Board in July 2000; and WHEREAS, the Chapel Hill Museum has requested that North Carolina Department of Transportation along with the Town of Chapel Hill name the new bridge on US Highway 15-501 crossing Morgan Creek in Chapel Hill 'The James Taylor Bridge"; and WHEREAS, James Taylor is a gifted musician of worldwide recognition and fame who grew up along Morgan Creek in Chapel Hill, and has referenced ties to North Carolina in his songs "Carolina In My Mind" and "Copperline"; and WHEREAS, the bridge proposed to be named "The James Taylor Bridge" is located on U.S. Highway 15-501, a major route through southern Orange County; and WHEREAS, the Town of Chapel Hill has endorsed a resolution adopted by the Board of Directors of the Chapel Hill Museum to name the bridge over Morgan Creek for James Taylor; and WHEREAS, the proposal to name the said bridge for James Taylor has been endorsed by the Chapel Hill Museum and the Morgan Creek Valley Alliance; and WHEREAS, James Taylor's family has expressed support for naming the bridge for James Taylor, and "is pleased that Chapel Hill desires to honor James in this fashion." NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners requests North Carolina Board of Transportation to name the bridge on US 15-501 crossing Morgan Creek for musician James Taylor. This, the 21't day of May 2002. VOTE: Ayes, 4; No, 1 (Commissioner Brown - she does not support naming bridges and roads after people who are still alive) Doug Galyon. Member of the North Carolina Board of Transportation asked the County Commissioners to submit the application this week because the board would be meeting next week on the 4`h. He would be pleased to present it to the naming committee. Should it be approved, it will lie on the table for 30 days and then will be presented to the full Board of Transportation in July. g, Emergency Medical Service Week and Recognition of EMS Agencies' Achievements The Board considered proclaiming the week of May 19-25 as Emergency Medical Services Week. Kent McKenzie made this presentation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: Those recognized are as follows: Caldwell Fire Department— Lt. Carl Belcher Carrboro Fire Department— Lt. Scott Hackler Cedar Grove Fire Department— First Responder Joe Venturini Chapel Hill Fire Department—Chief Dan Jones Eno Fire Department— Captain Lee Williamson and First Responder Betty Williamson Hillsborough Orange Rural Fire Department— Chief Jeff Cabe New Hope Fire Department—Assistant Chief Eddie Walker and Lt. Steven Milton North Chatham Fire Department—Captain Steven Metelits Orange EMS and Rescue Squad — Captain Matthew Mauzy Orange Grove Fire Department— First Responders Jeff Young, Bill Waddell, and Jane Waddell White Cross Fire Department Mebane Fire Department Medical Director and other physicians from the UNC Department of Emergency Medicine Employees of Orange County 911 Emergency Communications Division —Sgt. Jeff McVey Orange County Emergency Medical Services Division — Sgt. Marcia Adams A PROCLAMATION EMERGENCY MEDICAL SERVICES WEEK May 19 through May 25, 2002 WHEREAS, Governor Michael F. Easley will proclaim the week of May 19 through May 25, 2002 as Emergency Medical Services Week in North Carolina, and WHEREAS, The Emergency Medical Service in Orange County is a complex system involving Telecommunicators, First Responders, Law Enforcement Officers, Paramedics, Emergency Medical Technicians, Nurses, Doctors, Volunteers and Employees of Orange EMS and Rescue Squad, County Staff, the UNC Hospitals Emergency Department, the UNC AirCare program, and various private enterprises, and WHEREAS, The citizens of Orange County benefit daily from the dedicated efforts, knowledge, and skills of this team of emergency services personnel, and WHEREAS, The citizens of Orange County support the emergency services and their efforts to improve the survival and recovery rate of those who experience sudden illness or injury, and WHEREAS, The Orange County Board of Commissioners publicly acknowledge their support and appreciation to all the members of the Orange County Emergency Medical Services System, NOW, THEREFORE, we, the Orange County Board of Commissioners do hereby proclaim the week of May 19 through May 25, 2002, as EMERGENCY MEDICAL SERVICES WEEK and encourage all citizens of Orange County to continue to support their EMS system. This the 21 st day of May, 2002 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Distinguished Budget Presentation Award The Board recognized the staff of the Orange County Budget Office for earning the Government Finance Officers' Association Distinguished Budget Presentation Award. Assistant County Manager Rod Visser said that governmental budgets represent a policy document, a financial plan, an operations guide, and a communications device. It is not just a set of numbers. He recognized the Budget staff headed by Budget Director Donna Dean and Budget and Management Analyst Paul Laughton. He also recognized Budget and Management Analyst Elaine Mahela, who just left Orange County for another job in the private sector. 7. PUBLIC HEARINGS a. Proposed Orange County 2002-2003 Secondary Road Improvement Program The Board held a public hearing to receive public input on the Orange County 2002-2003 Secondary Road Improvement Program proposed by the N.C. Department of Transportation. Chair Jacobs recognized Deputy Division Engineer Mike Cowan, Division Engineer Mike Mills, NCDOT representative Doug Galyon, District Engineer Chuck Edwards, and Division Maintenance Engineer Tommy Dyer. Division Engineer Mike Mills said that the anticipated allocation is $1,330,804 for 2002-2003. This is a reduction from last year. There are 65-70 roads left in Orange County to pave. Only 25 of those roads carry 50 or more cars per day. The program is based on the fact that right-of-way will be received for each of the roads. If right-of-way is not received, then they will go to the next road on the priority list. The breakdown of funding is as follows: Paving Rural Unpaved Road- 11 road segments or 8.40 miles $1,273,000 Contingency $57,804 Total $1,330,804 Norris Johnson, 5716 Hideaway Drive in Chapel Hill, said that he lives on a state access road. He was asked to speak about resurfacing issues. Their road was paved in 1978 or 1979 and it has been periodically patched. The concerns of those who live on that road are about repaving issues with previously paved roads. The residents have concerns about safety and efficient use of funds. The continual patching might last a winter or two at best and there is continual erosion. The lines on the road are not visible in the evening and the potholes are continuous. He asked what they could do to get their road resurfaced. Mike Mills said that the funds they have could only be used for paving of unpaved roads. He would be glad to look at this road within the next couple of days to see if it is a candidate for resurfacing. He will check out the painted lines as well. John Robinson thanked Chair Jacobs for the efforts put forth on the problem on his street that he spoke about at a previous meeting. He said that he and his neighbors are asking for help from someone. They are asking that DOT come out to Glenn Street, Tanya Drive, and Cherry Street and assign a State DOT road number and put up a speed limit sign. They are trying to get someone to take ownership of these streets. They would like to at least put some gravel on the road. All the paperwork has been found to show that this was set aside by the Fox Estate in 1976 and again in 1984. They are not asking for paving, just a State road number and a speed limit sign. Mike Mills said that they have looked at some of these roads. He said that they would check out this situation and make sure it is a public right-of-way and make sure when it was recorded. Anything that was recorded after 1975 has to meet DOT standards, which includes paving of the road before it is assigned a State road number. John Link recommended that Mike Mills contact County Engineer Paul Thames who could help to avoid redundancy in this situation because he has been working with this issue. Mary Ellen Ward, 1818 North Frasier Road, said that she does not want North Frasier Road paved because it will increase the traffic on the dead end dirt road for no good reason. She does not want this traffic near her community or her home. Mike Mills said that if Ms. Ward refuses to sign the right-of-way, North Frasier Road would be dropped from the list. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Orange County 2002-2003 Secondary Road Improvement Program proposed by the N.C. Department of Transportation. VOTE: UNANIMOUS Commissioner Gordon asked for an answer to her question about notifying the County Commissioners about projects that come to fruition. Mike Mills said that they have been trying to notify the County Commissioners and the County Manager on local projects — resurfacing, signals, etc. On the TIP projects, the Division office will get notified if there is a workshop or a public hearing held on a certain project. He normally notifies the local officials of these hearings or workshops. They do get a 12- month list for the TIP. He said that this could be sent to the County Commissioners. This information is also on the web. Chair Jacobs said that the County Commissioners did not recall getting a notice about the Estes Drive project and the construction on 1-40. Mike Mills said that the construction on 1-40 stops at the Orange County line. He will send the information that he has on all projects to the County Manager. Commissioner Brown asked for an update on the Smith Level Road project. Mike Mills will check and get back to the County Commissioners. The Division is recommending a four-lane divided road because of the traffic count. There were questions about the traffic count and this is being evaluated. Regarding Estes Drive, there will be some preliminary environmental work done to see what is out there. This will be in the newspaper. This project is still several years away. Chair Jacobs asked about the computerized signalization project on Churton Street. Mike Mills said that the system has been designed and he will let the County Commissioners know where they are in the bid process. Chair Jacobs said that on a visit to some of the larger industrial plants in the Mebane area, a concern was expressed about snow removal and many asked if they could move up on the list because the employees could not get to work. 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Citizen Participation Plan for Housing/Community Development Programs The Board approved the citizen participation plan for use in the implementation of federal and state housing programs. b. Zoning Ordinance Text Amendment: Article 9. Signs The Board closed the public hearing, received recommendations and denied the proposed text amendment to Article 9. Signs, of the Orange County Zoning Ordinance, as recommended by the Administration and the Planning Board. C. Budget Amendment#7 The Board approved budget ordinance amendments and the grant project ordinance for fiscal year 2001-2002 incorporated herein by reference. d. Master Aging Plan Senior Housing Assessment Project This item was removed and placed at the end of the consent agenda for separate consideration. e. Housing Rehabilitation Contract Award The Board awarded and authorized the Chair to sign a contract in the amount of$16,724 at 104 Bert Street, Carrboro, and $15,311 at 109 Glosson Circle, Carrboro, to Triple J Construction Company for housing rehabilitation under the CDBG Housing Rehabilitation Program. f. Contract Award — Rotating Card File for Voter Registration Cards The Board was to consider awarding a contract to Patterson Business Systems of Raleigh in the amount of$26,415 for a rotating card file system for voter registration cards. This item was deleted from the agenda. g, Bid Awards: Flooring Improvements at Whitted Human Services Center and Recreation Center This item was removed and placed at the end of the consent agenda for separate consideration. h. Memorandum of Understanding — N.C. Wetlands Restoration Program The Board entered into a memorandum of understanding with the state Department of Environment and Natural Resources wetlands restoration program. i. Proposed Deed Restriction for Little River Park and Natural Area The Board authorized the Staff to work with the County Attorney to record the attached deed restrictions to restrict future use of the Little River Regional Park and Natural Area to public outdoor recreation uses. L Board of County Commissioners Rules of Procedure The Board formally approved the Board of County Commissioners' rules of procedure as presented. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA d. Master Aging Plan Senior Housing Assessment Project The Board considered approving the expenditure of$6,000 in Master Aging Plan funds earmarked to develop and complete a senior housing need assessment. Commissioner Brown mentioned the survey and asked that the County Commissioners see a copy of the survey before it goes out. Jack Chestnut was representing the Orange County Advisory Board on Aging and said that there may be a telephone survey and a written survey and he will share both of these with the County Commissioners. Commissioner Brown asked what it meant on the second page, "Prepare an environmental scan." Jack Chestnut said that it refers to the home itself and the condition that it is in. The total goal of the need assessment is to help people age in place. Commissioner Brown made reference to the Financial Impact/Resource Requirements where it says, 'The Aging Department Director would serve as co-director with the Vice-Chair of the Orange County Advisory Board on Aging" and wondered why the Vice-Chair would serve. Jack Chestnut said that the office space that the Director would have would be in the Vice-Chair's office. This is the best way to work this out. Commissioner Brown made reference to the second page, the objectives and timeline, and asked if the County Commissioners could be included more often so they can stay informed along the way. Jack Chestnut said that he would incorporate that into the timeline. Chair Jacobs said that he feels we should table this until they look at this expenditure in the budget process. Staff has frozen purchasing. He endorses this, but he also thinks that once we commit the money, it will not be there for something that might be more crucial for citizen health, safety, and welfare. Just as we have asked staff to make a list of pending purchases, he thinks that, just for the next month, we should do the same for awarding contracts, which are not crucial to public health, safety and welfare for our citizens. He would like to maintain the jobs that our employees currently fill in County government. Almost everyone around us is making cuts in existing positions. He feels that the County Commissioners need to show that we are serious enough about this to assess the situation before we continue spending in a way that we have in a little different fiscal environment. A motion was made by Chair Jacobs, seconded by Commissioner Carey to table this item until the completion of the budget process. Commissioner Carey seconded because he agrees with the sentiment, but he does not think that $6,000 is a big deal in the scheme of the County's budget. He thought that the motion was for both items d and g. He did not withdraw his motion, but he will vote against it. VOTE: Ayes 1; Noes, 4 (Commissioners Brown, Carey, Gordon, and Halkiotis) NOTE: A vote was taken after the next item to approve item "d". g, Bid Awards: Flooring Improvements at Whitted Human Services Center and Recreation Center The Board considered awarding a contract for the purchase and installation of rubber floor tile at the Whitted Human Services Center and Recreation Center, and for asbestos abatement and air quality monitoring at the recreation center. Chair Jacobs asked how pressing this matter is and how the bid process would be changed. Pam Jones said that this is to be done in conjunction with the Whitted HVAC replacement. The whole idea in replacing the floor is to only move the occupants out of the space one time. As far as putting it off and maintaining the bid price, she thinks that this would be okay until the end of June. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve item 8-d (the expenditure of funds for the planning and implementation of the Senior Housing Assessment Project beginning June 2002) and table this item until the end of June. VOTE: 4-1 (Chair Jacobs) Commissioner Brown was confused about why the two items were put together. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to reconsider the above motion and separate the two items. VOTE: Ayes, 3; Noes, 2 (Commissioner Halkiotis and Commissioner Carey) A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve item 8-d. VOTE: Ayes, 4; No, 1(Chair Jacobs) A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to table item "g" to no later than the end of June. VOTE: Ayes, 4; No, 1(Commissioner Brown) John Link said that this would be part of the last work session on June 24`h. He thinks that the staff needs to articulate when it comes to capital items that are funded in the CIP, how those are different from items that are funded in the operating budget that are still capital. The Board has different policies for both. The staff needs to specify the funding source. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Proposed Application to N.C. DOT Transportation Enhancement Program The Board considered submitting an application to the State Department of Transportation's enhancement program for acquisition of conservation easements and bike lanes along identified scenic road corridors. Environment and Resource Conservation Director David Stancil summarized the information in the abstract. There is a total of$10 million available statewide for this program. However, broken down by district, there is $577,000 available for this district. The recommendation is to submit a request for funding in the amount of$250,000 for this program for the acquisition of conservation easements along scenic corridors as well as potential construction of bike lanes where those places overlap. The application must be submitted by June 28`h Commissioner Gordon made reference to the map and said that it does not show any roads in the Chapel Hill/Carrboro area. She said that when the Southern Small Area Plan was approved, it is her recollection that there were at least two roads that were in the rural buffer that were proposed to be scenic roads — Smith Level Road and Mt. Carmel Church Road. She asked if we could check that out and include these roads. David Stancil said that the scenic road corridor that was adopted was for the land use element of the plan, which excludes the joint planning area. He is not aware of a scenic road component in the joint planning area. Commissioner Brown said that the small area plan did point out Smith Level Road and Mt. Carmel Church Road from the watershed line out to the County line as scenic vista. Commissioner Gordon said that it seems like it would be up to the County to identify the lands and not the State. Mike Mills said that the application would be reviewed by DOT staff in Raleigh and they would determine if it is feasible. Then the Division would meet with the County and find out if it is doable (right- of-ways, etc.). As long as the County certifies the roads, they can be submitted. A motion was made by Commissioner Brown, seconded by Commissioner Carey to adopt and authorize the Chair to sign the resolution as stated below and to submit the application along the lines outlined to the NCDOT Transportation Enhancement Program prior to the June 28, 2002 deadline. Commissioner Gordon added to the end of the resolution, "and as otherwise identified by Orange County." The Board accepted this amendment. A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE N. C. TRANSPORTATION ENHANCEMENT PROGRAM WHEREAS, Orange County had adopted a Bicycle Plan as well as a Scenic Road Corridors map as part of the Land Use Element of the Orange County Comprehensive Plan; and WHEREAS, the County's Lands Legacy program has over the past two years worked with willing landowners to acquire critical natural and cultural resource lands in the County; and WHEREAS, there is a need for bicycle lanes on a variety of roadways in Orange County to provide for alternative transportation modes for County citizens; and WHEREAS, the acquisition of scenic easements along identified roadways helps protect the County's rural character and quality of life; and WHEREAS, the NCDOT Transportation Enhancement Program has issued a call for proposals for Federal funds to be used for a variety of local projects, including bike lanes and the acquisition of scenic easements; NOW THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners authorizes staff and the County Manager to submit an application in the amount of$250,000 for Transportation Enhancement Program funds, with a local match of$50,000 from the County, for the purpose of acquiring scenic easements and constructing bike lanes in Orange County along roadways identified in the Comprehensive Plan and as otherwise identified by Orange County. This, the 21't day of May 2002. VOTE: UNANIMOUS b. CJPP Continuation Grant Application The Board considered approving the submission of a FY 2002-2003 grant application, in the amount of$165,221, for Criminal Justice Partnership program operations. John Link said that this is a very important program and has addressed a number of issues that relate to the incarcerated population in Chatham and Orange Counties. It is important to note that the Secretary of the Department of Correction has earmarked this as an item to be cut in the budget that was not necessarily recommended by the Governor. He thinks it is important for the County Commissioners to approve the grant application and send a letter to Secretary Beck and to Governor Easley indicating that this is a State-initiated program as of 1991-92 and is a State responsibility and we are the instruments to carry out this function. Commissioner Carey said that the implications of dismantling this program would be disastrous. Orange County has benefited from this because of the capacity of the jail. Chair Jacobs mentioned that the Orange County program is a model program for the State. He suggested that we solicit our District Attorney, Sheriff, and Judges to sign this letter. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the submission of a FY 2002-2003 grant application in the amount of$165,221 for Criminal Justice Partnership program operations and authorize the Chair to sign and that a letter be sent with the grant application, which will be co-signed by the District Attorney, Sheriff, and Judges. VOTE: UNANIMOUS C. Orange County HOME Consortium Agreement The Board considered adopting a resolution authorizing the execution of a HOME Consortium agreement for the period July 1, 2002-June 30, 2005. Housing and Community Development Director Tara Fikes asked that the County Commissioners adopt a resolution authorizing the execution of a HOME Consortium agreement. The County has been able to access funds because of this consortium. The current agreement expires this fiscal year. This agreement would be for three years. The only difference in the agreement is noted in the match percentage requirements and that is because of the census figures. Orange County went from a 42% match to 40%, Carrboro from 12% to 14%, and Chapel Hill and Hillsborough remain the same based on population figures. This agreement will have to be approved by the County and the towns prior to June 30. Commissioner Gordon made reference to page 6, H, and corrected the percentage for Carrboro from 15% to 14%. Commissioner Gordon asked about the affordability requirements and Tara Fikes said that they require an affordability of 20 years. A motion was made by Commissioner Carey, seconded by Commissioner Brown to adopt and authorize the Chair to sign a resolution as stated below authorizing the execution of a HOME Consortium Agreement for the period July 1, 2002 through June 30, 2005 and future agreements for future periods not materially different from the July 1, 2002 to June 30, 2005 agreement by the County Manager upon approval by the County Attorney. This includes the change as made by Commissioner Gordon above. RESOLUTION AUTHORIZING THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM CONSORTIUM AGREEMENT WHEREAS, on June 29, 1992, the Orange County Board of commissioners approved participation of the County in the Orange County HOME Consortium; and WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County are currently members of the Orange County HOME Consortium established on or about August 3, 1992; and WHEREAS, the current Orange County HOME Consortium Agreement expires on June 30, 2002; and WHEREAS, the Orange County HOME Consortium desires to continue to be considered for eligibility under the federal HOME Program operated by the U. S. Department of Housing and Urban Development as authorized under the National Affordable Housing Act, as amended; NOW THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners authorizes the County Manager to execute the approved HOME Consortium Agreement for the period July 1, 2002 to June 30, 2005 and future agreements for future periods not materially different from the July 1, 2002 to June 30, 2005 agreement, subject to approval as to form by the County Attorney. This, the 21't day of May 2002. VOTE: UNANIMOUS d. Appointments to the Comprehensive Plan Land Use Committee (CPLUC) The Board considered appointments to the Comprehensive Plan Land Use Committee. Commissioner Gordon nominated Melvin S. Hurston as a member and Alice White as alternate for the Board of Health; Cara M. Crisler as member and Hervey McIver as alternate for the Commission for the Environment; and Daniel Okun as member and Charles Daniel as alternate for the Water Resources Committee. Chair Jacobs nominated Don Cox as the alternate for the Water Resources Committee because he is Chair of this committee. It was suggested to make Don Cox the member since Daniel Okun only said he would do it if nobody else wanted to. Commissioner Halkiotis nominated Marty Mandell as member for the Agricultural Preservation Board. Commissioner Brown nominated Bob Hall as member for the Economic Development Commission. It was pointed out that Bob Hall's term expires June 30, 2002 for the EDC. Chair Jacobs nominated Ruffin Slater as member for the Economic Development Commission. Commissioner Brown nominated Barry Katz and Hunter Schofield as the members for the Planning Board and Nicole Gooding-Ray as the alternate. Commissioner Brown agreed to change her nomination for Bob Hall to be the alternate instead of the member. Commissioner Carey, Commissioner Gordon, and Chair Jacobs volunteered to serve on this committee. Chair Jacobs nominated Noah Ranells as alternate for the Agricultural Preservation Board. Commissioner Brown pointed out that the information did not reach some people to put their names forward as being interested in this committee. For clarification, the nominations are as stated below: Board of County Commissioners — Commissioner Gordon, Chair Jacobs, and Commissioner Carey (alternate will be decided later) Planning Board — Barry Katz and Hunter Schofield as members and Nicole Gooding-Ray as alternate Agricultural Preservation Board — Marty Mandell as member and Noah Ranells as alternate Board of Health — Melvin S. Hurston as member and Alice White as alternate Commission for the Environment—Cara M. Crisler as member and Hervey McIver as alternate Economic Development Commission — Ruffin Slater as member and Bob Hall as alternate Water Resources Committee — Don Cox as member and Charles Daniel as alternate A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint those as nominated above for the Comprehensive Plan Land Use Committee. VOTE: UNANIMOUS 10. REPORTS - NONE 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS The next meeting will be held on May 23, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC