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HomeMy WebLinkAboutMinutes - 20020604 APPROVED 10/1/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 4, 2002 The Orange County Board of Commissioners met in regular session on Tuesday, June 4, 2002 at 7:30 p.m. in 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 The Commissioners added item 8-r, "A Change in the BOCC Regular Meeting Calendar'; item 8-s, "Confirmation of Plans to Purchase Replacement Initial Response Vehicles"; and item 9-m, "Discussion of the Comprehensive Plan Land Use Committee". The Commissioners accepted a change to item 9-f, changes to the minutes for February 18`h and April 2"' as submitted by Commissioner Gordon; and changes to item 8-q as submitted by Commissioner Gordon. Also, item 10-b was moved to item 9-a1 because there were a number of people signed up to speak to this item. PUBLIC CHARGE Chair Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Bessie Wiggins said that she has 15 people with her tonight to advocate for a park at the Northern Center in Cedar Grove. She said that they have organized a coalition to advocate for the construction of the park. She presented a petition with over 600 signatures in support of the park. They would like this park very soon. They would like the County Commissioners to start implementation of the design. She said that parks are beneficial to any community. There is only one ball field, which is used all the time. There needs to be someplace where children can go and feel safe and have fun. The coalition has two phases that they would like to have addressed. Phase One is nature trails, a walking track, more ball fields, basketball courts, tennis courts, playground equipment, picnic shelters, picnic tables, sports fields for miscellaneous activities such as soccer and volleyball, and adequate parking and lighting. Phase Two includes cosmetic improvements to the Northern Human Services Center, renovations to the gymnasium and kitchen area, and septic tank improvements. She said that phase one is really important to them. She pointed out that Cedar Grove makes up an important percentage of the voting citizens, and they strongly believe that having a park would upgrade their community. They would like to have a park in their community without having to go to Hillsborough. Chair Jacobs told Ms. Wiggins that she would be pleased when she sees what the County Commissioners are planning to do. The County Commissioners would be happy to look at the proposal. The process has been initiated and the next step is to start working with the community. Commissioner Halkiotis said that he and Commissioner Brown have been working with the group currently utilizing facilities at the Cedar Grove Recreation Center for about two years. They have been addressing the issues of appropriate interactive play areas outside and increasing the number of ball fields. They have made several land purchases to expand opportunities. Dwight Corbet of the Corbet Community Store said that he talks with a lot of the people in the community. He said that the youth have very little to do in the Cedar Grove community. They walk the streets and play video games. He made reference to a survey done by the Canadian Parks and Recreation Association and said that all youth are at risk - some greater and some lesser -for obesity, poor health, social isolation, negative peer influence, negative behavioral patterns, unlawful activity, low self-esteem, poor grades in school, and high school dropouts. Cedar Grove youth fall under one or more of these risk categories. He said that the association has determined that parks and recreation is definitely a preventive intervention in the development and redevelopment of our youth. He believes that the park will be used by a large number of people in the Cedar Grove community and the surrounding communities and will benefit all age groups. Richal Vanhook said that he has lived in the Cedar Grove Township for 40 years. He said that there is not a field in the northern Orange area for the families in the community to play softball or for batting practice. The Cedar Grove field is booked six days a week. Since 1991, a team has been formed out of the community for the summer and fall leagues, which travel to other counties. This provides revenue to the other counties in the amount of$500 for each team and $15 for each player for out-of-county fees. This is $15,950 of revenue for another county for just one team. This is why they feel it is imperative to have a park in Cedar Grove. Commissioner Brown said that since the last park bond passed, the community center at Cedar Grove has been the County Commissioners' priority and we have accumulated two parcels of land in order to expand the facilities. She said that they have been working for the last two years to try and put in another septic system so we can expand the activities offered in this area. She thanked the citizens for coming and showing interest. She feels that they can all work together over the next year and create a wonderful park. Chair Jacobs asked that citizens provide contact numbers so they can be included in the process. He said that the County was going to try to keep all of the parks on an equal footing. Donald McDonald, President of the homeowner's association at Camden Place, a subdivision that directly abuts Winmore subdivision, said that he is an Orange County resident who feels he does not have any representation at this time. He said that they are not against development or affordable housing. He said that they are not for a mixed use village of high density right in the middle of the countryside. He said that one specific issue is the schools. Seawell Elementary and Chapel Hill High School are now overcrowded. Seawell Elementary is at 136% with no change in the foreseeable future. This proposed development will pose a serious problem. He said that they need representation because the developer has openly stated that schools are not his problem. The second issue is the environment and flooding. His property abuts Winmore and adjacent to his house is a series of houses, which are in jeopardy of flooding during every rainstorm. He said that OWASA has recognized the danger of flooding in this area and elevated all of the storm drains by six feet. He also spoke about an emotional issue. He said that when they moved into this area, they were glad to be in the northern transition area, which was to be highly regulated and the neighborhoods were to be in the same tone of development. He begged the County Commissioners to make sure that this development is something that we would all be proud. Laura Wenzel lives on Tallyhoe Trail and said that her perspective is different on Winmore. She used to be against connector roads until she learned more. She feels that there needs to be additional connector roads and sidewalks in the northern transition area. It would be great to have bike paths between the neighborhoods and to Winmore. Jim Duly spoke about Hog Day, which is June 14`h and 15`h. He thanked the Board of County Commissioners for their support. He presented Hog Day t-shirts and other items to the County Commissioners from last year and this year. He noted that the artwork was done by two students from Orange High School. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis made reference to a letter supporting Smart Start that Michelle Rivest put together. The Board has had an opportunity to look at it and he asked everyone to sign off on it so it can be sent. This letter is going to the Governor and the legislative delegation to show the plight of young children in this County. Smart Start has a serious lack of funding. A letter will also be sent from the Towns of Chapel Hill, Carrboro, and Hillsborough. Commissioner Halkiotis made reference to a letter signed by Commissioner Carey as the district representative of the North Carolina Association of County Commissioners (NCACC). He said that the deadline for legislative submittals is tomorrow and he just got the letter. He feels it is unreasonable. Commissioner Carey said that this was not specifically addressed at the meeting. Members of the County Commissioners' association will be walking the halls of the legislative buildings every Wednesday for the month of June. The only items the legislature will discuss will be budget related or items introduced last year. He encouraged the County Commissioners to go over on a Wednesday and let everyone know our interests. Commissioner Halkiotis said that it would be helpful to get information like this via email instead of postal mail. Commissioner Halkiotis said that on Saturday he and Chair Jacobs participated in the Walkable Hillsborough program. He traveled by bus to the Fairview Park area. The people in this area are very interested in moving forward with improving the park in that area. The entire neighborhood feels uplifted and there was a spirit of joy in the air. Commissioner Gordon said that the Schools Facilities task force met two times. The task force comprised of two members from each school district and two County Commissioners talked about issues related to school standards, construction, aspects related to school facilities, the Schools Adequate Public Facilities Ordinance, and other issues. They hope to finish up by the end of the summer. The minutes will be shared with everyone. The next meeting is scheduled for June 27`h in Hillsborough. Regarding the Schools and Land Use Council, they meet on June 12`h and will try to finish their work on the Schools Adequate Public Facilities Ordinance. Chair Jacobs extended to Mariah McPherson and Bob Seymour, two of our most dedicated volunteers, best wishes for improved health. Chair Jacobs said that the Manager, Vice Chair, and he would meet with the Manager, Chair, and Vice Chair of the Person County Board of Commissioners on June 18`h. They will talk about mental health issues, solid waste issues, common legislative issues, and other matters that we should share with our counterparts in Person County. Also, staff will be getting back to the County Commissioners on details about being invited to a meeting with Hillsborough on June 25`h to discuss a potential annexation by Hillsborough. There is a project that Hillsborough will discuss that they want the County Commissioners to hear. Chair Jacobs said that we will have the Legislative Goals work group bring forth a recommendation at the next County Commissioners regularly scheduled meeting. If necessary, we will take one of our budget work sessions and hold a public hearing. Chair Jacobs said that we have not heard back from the TTA for three months in regards to the questions asked by the County Commissioners. Commissioner Gordon said that she has not heard anything. The Manager will follow up on this. Chair Jacobs requested that staff give an update of all pending items before the summer break. Chair Jacobs said that he got a call from a television station recently about the County's ban on pit bulls. He said that it took him 10 minutes to convince the reporter that we had never considered a breed specific ban of any kind in Orange County. He asked for a report from the Board of Health on this issue — what the Board of Health discussed and what they recommended since this has come up several times. 4. COUNTY MANAGER'S REPORT John Link asked Lynn Hecht to come forward. She works in the County's Recreation and Parks Department and coached and organized the County baseball team called "Orange Juice" that participated in the ARC tournament last month. Our team was victorious. He showed the trophy. John Link recognized Kathy Zoffee and Margaret Cannell, who both attended and graduated from The County Administration course, which they just completed at the School of Government. Economic Development Director Dianne Reid spoke about a guide to farm products and services called "Local Harvest". The guide lists 105 farms and farm-related businesses that are located in the County and their products and services. The guide will also be on the County's website at www.co.orange.nc.us/harvest/quide. The online version will be updated regularly throughout the year. The guide was sent to all of the farms in the County and has received good feedback. The guide is also being distributed at the farmers market. Commissioner Brown suggested making the guide available at the libraries. Commissioner Halkiotis suggested that the Chair, the Manager, and the Economic Development Director get together and nominate this guide for a State award or a NACo award. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution Supporting the Triangle Greenprint The Board considered a resolution of support for the Triangle Greenprint "Regional Open Space Assessment." Environment and Resource Conservation Director David Stancil said that on February 25`h the County Commissioners received a presentation on the Triangle Greenprint Regional Open Space Assessment. This project has been ongoing for a couple of years to try and identify the most important natural and cultural lands in the Triangle region and to try and protect the lands. At this point in time, Triangle Greenprint has moved into phase II, which is asking different advisory and elected boards to look at the open space assessment and provide comment as well as a resolution of support for the Triangle Greenprint. He said that comments from several advisory boards have been incorporated into the resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION IN SUPPORT OF THE TRIANGLE GREENPRINT WHEREAS, the preservation of open space provides many benefits to Orange County residents including parks, historic and scenic landscapes, habitat for wildlife and native plants, farmland and rural character, water and air quality protection; and WHEREAS, Orange County implemented a Lands Legacy program in April 2000 to protect important natural areas, parklands, watershed buffers, farmland and cultural and historic sites in the County, working with other public and private partners; and WHEREAS, the Lands Legacy program has protected or preserved over 800 acres of land in its two years of operation — including joint initiatives with other entities; and WHEREAS, in November 2001, voters in the County approved an additional $7 million for the Lands Legacy program as part of the parks and open space bonds; and WHEREAS, Orange County is currently updating its 1988 Inventory of Natural Areas and Wildlife Habitat to examine the status of the existing 64 sites identified in 1988, and explore the existence of other previously- unidentified sites; and WHEREAS, the North Carolina General Assembly passed a law making it the State's goal to permanently protect an additional one million acres of open space (G.S. 113A-241); and WHEREAS, the Triangle J Council of Governments, Triangle Land Conservancy, and NC Division of Parks and Recreation have formed the Triangle GreenPrint Project and have released a Regional Open Space Assessment; and WHEREAS, the Regional Open Space Assessment documents important open space areas in the six-county Triangle region that were identified by 140 professional and citizen open space experts; and WHEREAS, the Regional Open Space Assessment identifies many open space areas that may offer opportunities for Orange County to collaborate with other government jurisdictions to protect them; and WHEREAS, the likelihood of protection of these open space areas will be enhanced through awareness of their significance and adoption of formal plans for their protection; NOW THEREFORE BE IT RESOLVED: That the Orange County Board of Commissioners thanks and recognizes the efforts of the 140 technical experts who provided their expertise to develop the Regional Open Space Assessment as an overview of Triangle open spaces that are worthy of some level of protection; BE IT FURTHER RESOLVED that the Board asks County staff to compare the report to the County's existing Lands Legacy Long-Term Priorities 2001-2010, and Annual Action Plan, for consistency, and that the County share with the GreenPrint any information about significant open space that may have been overlooked in the Regional Open Space Assessment, so that it may be incorporated in future documents. BE IT FURTHER RESOLVED that Orange County stands willing to meet with neighboring counties to discuss inter-local efforts to protect open space, as was accomplished with the Little River Regional Park and Natural Area project, and that the County will provide updates to the Triangle GreenPrint Project regarding new lands acquired through the Lands Legacy program. BE IT FURTHER RESOLVED that the Board encourages the GreenPrint sponsors to include a broad set of stakeholders in future discussions and any prioritization of critical open space areas; and that future GreenPrint reports recognize the importance of conservation opportunities not only within the region but those that extend beyond the boundaries of the Triangle. This, the 4`h day of June, 2002 VOTE: UNANIMOUS Commissioner Brown asked why the Planning Board was not asked for their comments. David Stancil said that the boards that looked at this phase were those that looked at resource identification, natural areas, parks, greenways, historic preservation, and farmland. As this progresses into implementation, the Planning Boards will be included. b. Resolution Regarding Scrap Tire Disposal Program The Board considered a resolution urging the Orange County Legislative Delegation to support making the existing 2% advance disposal tax for scrap tires permanent. Assistant County Manager Rod Visser said that when people buy tires in North Carolina, they pay a 2% disposal tax that is sent to the State and returned to the counties on a per capita basis to help with disposal or management of scrap tires. The legislation is set to expire as of June 30, 2002. The County Commissioners expressed an interest in going on record to support the continuation of the 2% advance disposal tax. The resolution will be sent to the Orange County Legislative Delegation urging them to support legislation that would continue this tax. Commissioner Carey asked how the 2% was distributed to the counties. It was answered that it is based on population. Chair Jacobs made a correction to the third "whereas" as follows: Whereas, where the fee was previously 1%, it was found to be inadequate. Also, he suggested an additional "whereas" between the first and third "whereas" as follows: Whereas, this is one of the few areas in the recycling and promotion of solid waste reduction where the State of North Carolina has actively demonstrated leadership and vision. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below, with the changes, and with the addendum that we send it to all counties in the State: A RESOLUTION TO SUPPORT CONTINUATION OF THE EXISTING SCRAP TIRE ADVANCE DISPOSAL FEE AND TO REMOVE THE SUNSET PROVISION THAT WILL REDUCE THE FEE FROM 2% TO 1% EFFECTIVE JUNE 30, 2002 WHEREAS, the 2% Advance Disposal Fee is the central component of the North Carolina State Scrap Tire Program; and WHEREAS, this is one of the few areas in the recycling and promotion of solid waste reduction where the State of North Carolina has actively demonstrated leadership and vision; and WHEREAS, where the fee was previously 1%, it was found to be inadequate to fund the essential programs related to managing scrap tires; and WHEREAS, the fee supports abatement of nuisance tire collection sites and has been utilized successfully in Orange County for that very purpose; and WHEREAS, the fee supports and encourages scrap tire recycling activities; and WHEREAS, the fee directly contributes to the significant reduction in illegal dumping of scrap tires across the state by providing and fully funding a program that efficiently and effectively manages this waste material. NOW THEREFORE BE IT RESOLVED THAT the Orange County Board of Commissioners fully supports the continuation of the 2% advance disposal fee and urges the Orange County legislative delegation to support making the existing Scrap Tire Disposal Program permanent. This, the 4`h day of June 2002. VOTE: UNANIMOUS This will also be sent to the Governor with a cover letter. C. Proclamation for Heroes of 2001 Stamp Day The Board considered a proclamation for Heroes of 2001 Stamp Day. Deborah Fox, postmaster of the Efland Post Office, said that the Efland Post Office was going to hold a stamp unveiling ceremony on June 7`h and they want to dedicate the ceremony to the Efland Fire Department. The stamp will be sold at a premium, and the proceeds will go to the victims of the 9/11 terrorist attacks. She invited the BOCC to come to the ceremony at 11:00 a.m. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below: HEROES OF 2001 STAMP DAY WHEREAS, since 1775, the U.S. Postal Service has connected friends, families, neighbors and businesses by mail; and WHEREAS, local branches of the U. S. Postal Service are significant community resources and sources of local pride; and, WHEREAS, the issuance of the first United States commemorative postage stamp in honor of Benjamin Franklin in 1847, stamp collectors have treasured these depictions of great Americans, momentous events and historic places in our national history; and WHEREAS, more than 22 million Americans collect stamps, making stamp collecting one of the most popular hobbies in the nation; and WHEREAS, the fire, police and emergency personnel provide an invaluable service to our community; and WHEREAS, every day these brave police, fire and emergency personnel risk their lives in efforts that help save lives; and WHEREAS, the United States Postal Service has seen fit to issue a special commemorative "semipostal" U.S. postage stamps entitled "The Heroes of 2001" to honor those men and women who gave their lives in the rescue efforts following the terrorist attacks of September 11, 2001; NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby proclaim June 7, 2002, as HEROES OF 2001 STAMP DAY in Orange County and proclaim this observance to all residents of Orange County and encourage all to pay tribute to the spirit and resolve of our great country and to recognize the important roles our fire, police and emergency workers play in our everyday lives. This the 4`h day of June, 2002. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. ABC Report from Executive Director Dan Sykes The Board received a report from the Orange County ABC Board Executive Director on alcohol sales activities. Dan Sykes, Executive Director for the ABC stores, said that the ABC Board is a self supporting entity, which means that the consumers are paying for all of the expenses to operate the ABC system. All profits are used for capital expenditures or distributed back to the County to the education system, Sheriff's Department, or to the general fund. The sales are up about 3.4% over last year, which is an increase of about $330,000. The projected sales through the end of June are $9.2 million. Twenty-three percent of this goes directly to taxes and about 52% goes to gross profit. The operating expenses are about 18% of sales and the net profit is projected to be about $735,000. The distribution includes $66,000 to alcohol rehabilitation and education; $86,000 for law enforcement; and $400,000 to Orange County's general fund. The net income after all distributions will be about $160,000. They plan to expand the Carrboro mixed beverage distribution point. The cost for expanding the Carrboro facility will be about $165,000. They hope to have this facility completed by the end of October. They also hope to enhance their security system, which will cost $50,000 to $55,000. For the next fiscal year, they project a $78,000 increase in gross profit. Most of this will be consumed with increased operational costs. By law, they are required to distribute at least 7% to schools and 5% to law enforcement. They feel that distributions will be the same next year. In answer to a question from Commissioner Brown, Mr. Sykes said that $66,000 was distributed to the schools in Orange County last year. It is allocated based on projected student enrollment. Commissioner Halkiotis made reference to proposed legislation on privatization of the ABC stores and said that the County Commissioners decided to write a letter to Senator Howard Lee for an explanation of this proposal. Bill Thorpe, a member of the ABC Board, said that a committee has been set up but no action has been taken. Commissioner Brown asked Mr. Sykes if he has any thoughts on challenges for the future. He said that he sees growth in the area. Security is also a big problem. Commissioner Brown said that even though the ABC employees were not officially County employees, the County Commissioners are trying to treat them as such with a living wage and good health benefits. Commissioner Halkiotis asked how the move from the smaller Harris Teeter store to the bigger Harris Teeter store has affected sales and Mr. Sykes said that there has been a 12% increase. Chair Jacobs announced that we are advertising for people who would like to be on the ABC Board. It is one of the few boards for which one is paid to participate. 7. PUBLIC HEARINGS a. Annual Public Housing Agency (PHA) Plan —Section 8 Housing Program The Board held a public hearing and considered approving the submission of the annual public housing agency plan for the Orange County Housing Authority. Housing and Community Development Director Tara Fikes said that the U. S. Department of Housing and Urban Development requires all agencies operating the Section 8 existing housing assistance program to prepare a five-year plan as well as an annual plan. The program serves 623 families in the unincorporated areas of the County as well as the towns of Chapel Hill, Carrboro, and Hillsborough. There are no substantial changes in the plan. However, the plan does include provisions for the possible establishment of a project-based assistance program in the future should additional Section 8 vouchers become available. Commissioner Brown asked what project based means. Tara Fikes said that it means allowing public housing agencies to assign Section 8 vouchers to a particular complex. Commissioner Brown verified that all of the vouchers are currently being used and there is a long waiting list of 1,020 people. The County stopped accepting applications in October 2001. There was no one signed up to speak to this item. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign the Certification of Compliance/Board Resolution on behalf of the Board. VOTE: UNANIMOUS Commissioner Brown made reference to her request for the Manager to have a letter available to send to the head of the State mental health director informing him of our lack of Section 8 housing funds. She emphasized that the Director has used Section 8 housing as a possible choice of housing for someone leaving mental hospitals over the next few years. John Link said that he talked to Tom Maynard, the OPC Mental Health Director, and he is working on a letter. 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the consent as stated below: VOTE: UNANIMOUS a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments 1) Reappointments to the Adult Care Home Advisory Committee (ACHCAC) The Board reappointed Laura DeLoye to a first regular two-year term and Ruth J. Monnig to a second regular two-year term, both to expire on June 30, 2004. 2) Reappointments to the Affordable Housing Advisory Board (AHAB) The Board reappointed Brian Crawford for a second full term to expire June 30, 2005. 3) Reappointments to the Orange Water and Sewer Authority Board of Directors (OWASA The Board reappointed Bernadette Pelissier for a second term to expire June 30, 2005. 4) Reappointments to the Personnel Advisory Board The Board reappointed Ms. Barbara Delon to a third term to expire June 30, 2003 and Ms. M. Kay Hovious to a first term to expire June 30, 2004. C. Motor Vehicle Property Tax Refunds The Board approved 81 requests for refund of motor vehicle property taxes, in accordance with the resolution, which is incorporated herein by reference. d. Property Tax Refunds The Board approved three requests for property tax refunds in accordance with the resolution, which is incorporated herein by reference. e. Property Value Changes The Board approved property value changes made in property values after the 2001 Board of Equalization and Review had adjourned in accordance with the resolution, which is incorporated herein by reference. f. Personnel Ordinance Revision —Change Name of Personnel Advisory Board The Board approved a revision in the Personnel Ordinance changing the name of the Personnel Advisory Board to the Personnel Hearing Board. g, Employee Assistance Program Contract Renewal This item was removed and placed at the end of the consent agenda for separate consideration. h. Extension of EMS Transportation Contract with Orange EMS and Rescue Squad The Board extended an existing contract with Orange EMS and Rescue Squad to provide ambulance transportation services through Sept. 30, 2002, at the rate of$58,269.18 per month for the three months of the agreement and authorized the Chair to sign the contract. i. Emergency Medical Services (EMS) Medical Director Contract Renewal The Board renewed a contract with the UNC Department of Emergency Medicine to provide medical director services for the County's Emergency Medical Services Program in the amount of$30,000 for the 2002-2003 fiscal year and authorized the Chair to sign. L Housing Trust Fund —Approve Transfer of Appropriation The Board approved the transfer of$40,000 from the Housing Trust Fund from the Meadowmont townhouse project sponsored by Orange Community Housing and Land Trust to two acquisition projects sponsored by the same organization. k. Renewal of Food Waste Collection and Composting Contract The Board renewed a contract that enables the Solid Waste Management Department to provide separated food waste collection services to commercial establishments, at an estimated cost of$85,000 for the 2002-2003 fiscal year and authorized the Chair to sign the contract. I. RFP Award: Household Hazardous Waste Collection for Solid Waste The Board awarded and authorized the Chair to sign a contract for EcoFlo of Greensboro to provide household hazardous waste collection services at an annual cost of$120,000. m. Bid Award: Processing Services for Bills and Notices The Board awarded and authorized the Chair to sign an agreement with American Business Forms of Raleigh to process bills and notices for the Revenue, Tax Assessor and Animal Control departments at an annual cost of$45,968. n. Bid Award: High Density Mobile Storage Shelving System for Social Services The Board awarded and authorized the Chair to sign an agreement with Brannan Business Systems of Jamestown for an Aisle Saver MA 1000 high-density mobile storage shelving system in the amount of$25,987. o. Pyrotechnics Permit—Orange Speedway The Board approved a pyrotechnics permit for the Orange County Speedway for June 29, 2002, or rain date as may be set and authorized the staff to execute permits as needed. e Surplus Disposal 2002 This item was removed and placed at the end of the consent agenda for separate consideration. e Amendment to Ordinance and Resolution to Create a Recreation and Parks Advisory Council of Orange County—Second Reading This item was removed and placed at the end of the consent agenda for separate consideration. r. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by changing the beginning time for the meeting scheduled for June 17, 2002 to 7:00 p.m. S. Confirmation of Plans to Purchase Replacement Initial Response Vehicles The Board authorized the Director of Purchasing and Central Services to execute an order for 2002 Dodge Durangos as turned back to the dealer by the State, not to exceed nine vehicles, plus associated equipment, at a cost not to exceed $216,315. ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes Commissioner Gordon wanted to be sure the corrections she submitted for the minutes would be included. Chair Jacobs made reference to the minutes of February 18 and April 2, 2002 and said that he would like to read the corrections first and approve these two sets of minutes at the next meeting. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the minutes for Feb. 5, March 6, March 19 and April 3, 2002. This excluded the minutes for February 18`h and April 2"' VOTE: UNANIMOUS g, Employee Assistance Program Contract Renewal The Board considered renewing the Employee Assistance Program contract with Magellan Behavioral Health at a rate of$1.54 per employee per month. Commissioner Brown asked if this program can be shared by other employees if it is not used by an employee. Personnel Director Elaine Holmes said that each employee may have up to three visits with a counselor for each incident. It does not involve sharing visits. If an employee needs more than three visits for an issue, the Employee Assistance Program functions as a referral agency and they would make a referral through the County's health insurance programs for follow up. She would be glad to follow up with the company to see if sharing would be allowed. This item will be put on a work session in the fall for further discussion. Chair Jacobs expressed a concern about the way in which the County treats substance abusers because we do not provide equal tolerance for those who abuse alcohol versus those who use drugs. Other issues can also be discussed at the work session in the fall. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the Employee Assistance Program contract with Magellan Behavioral Health at a rate of$1.54 per employee per month, and authorize the Chair to sign the contract. VOTE: UNANIMOUS p. Surplus Disposal 2002 The Board considered authorizing the disposal of property declared surplus at an auction to be held Saturday July 13, 2002. Chair Jacobs said that he would like some of the low wealth counties to take advantage of our surplus, specifically for computers. Purchasing and Central Services Director Pam Jones said that it could be put out on the list serve to see the response from low wealth counties and then bring back a policy change. She thinks it would be very easy to put it out on the list serve. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to declare the items surplus, including three vehicles for the Wheels for Work program, authorize the transfer of those vehicles to the Wheels for Work program, to hold in abeyance all the personal computers until the fall when a policy is brought back, adopt the resolution as presented authorizing the Director of Purchasing and Central Services to conduct an auction Saturday, July 13, 2002, authorize the Director of Purchasing and Central Services to dispose of junk electronic equipment through the Solid Waste Electronics Recycling program, and to explore alternative disposal methods as defined within the abstract and report results to the Board at a later date. VOTE: UNANIMOUS _q. Amendment to Ordinance and Resolution to Create a Recreation and Parks Advisory Council of Orange County—Second Reading The Board held a second reading of an amendment to the Ordinance and Resolution to create a Recreation and Parks Advisory Council. Commissioner Gordon said that the change has to do with allowing the County Commissioners to appoint members from the towns for the Recreation and Parks Advisory Council. She noted some typographical errors as listed on the orange sheet previously distributed. County Attorney Geoffrey Gledhill recommended that in the motion that the Board approve the changes as well as the second reading of the ordinance because the changes are very minor. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the amendment to the Ordinance and Resolution to Create a Recreation and Parks Advisory Council with the changes as submitted by Commissioner Gordon. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a1. Winmore Project Planning Director Craig Benedict made reference to maps of the proposed development in the Northern Transition area. He explained the issues with this development. If the Winmore proposal stays within the Northern Transition area, there will be a joint public hearing in October in accordance with the Joint Planning Agreement. If the area is annexed, Carrboro would make all decisions on this development. There are two parts —the Winmore village mixed used project and text amendments to the village mixed use criteria. The text amendments can apply to any other village mixed use project that may come forward. There is a Carrboro Northern Transition Committee that is involved with issues in this area. He said that if after receiving the proposal, the Planning staff determines that they need additional time to review or if they have objections, they will ask Carrboro to delay approval until the County Commissioners have an opportunity to make comments. He said that if annexation occurs before Orange County is involved in the process, Orange County would only be entitled to courtesy comments on the annexation. If this project stays within the transition area, Carrboro and the Board of County Commissioners would have to have the affirmative vote in order for the project to proceed. Public Comments Mark Gill, resident of the Carrboro joint development area and a member of the HOTZ (Home Owners of the Transition Zone) steering committee, said that he is here to share his concerns about Winmore. One of the concerns is that Winmore has not been well thought out, but rather has been rushed into existence. He said that after attending many Carrboro Board of Aldermen meetings and talking with the developers, he has the following concerns: Considering the size and complexity of the Winmore project, very limited public discussion occurred on amendments recently adopted by Carrboro's into their development ordinances. The amendments were introduced by the Winmore developers with the effect of merely making the development more profitable for the developers. He said that the public discussions consisted of portions of two Carrboro town meetings. Comments from Carrboro Aldermen Alex Zaffron have indicated that village mixed use high density development is an experiment and that the VMU ordinances are nothing more than an educated best guess. He said that this conveys disregard for a well thought out design process. When asked if Bolin Creek was the best site for Winmore, the developers would not directly respond, but rather indicated that the current site was the only available property. This is not a well thought out criterion for site selection, especially considering the sensitive nature of Bolin Creek. The developers would also not comment on the impact of such a development on the local schools. He said that rather than addressing the relationship between new housing and adding public services, the Town Attorney stopped all discussion with the phrase, "no moratoriums." He said that moratoriums are another way of timing and scaling growth with public services. The Winmore developers have also sited a supporting study, which was co-authored by Professor Phillip Burke of the UNC Department of City and Regional Planning, for the development. Upon receiving a copy of the study, he noted that it was incomplete, missing all graphical and tabulated data. He contacted Professor Burke and welcomed an educational session with members of the HOTZ steering committee. Dr. Burke clearly pointed out the following items relative to high density housing: 1) environmentally sensitive areas should not be primary sites of development; 2) where land is upzoned to increase density, adjacent land must be downzoned to at least maintain density balance; 3) watershed protection is not merely the practice of randomly implementing best management practices, but rather requires reviewing an appropriate site, selecting a careful combination of those practices, and then conducting computer simulations to demonstrate the effectiveness of possible solutions; and 4) the new urbanism approaches are an integrated design concept where features such as the adequacy of schools, roads, mass transportation systems, watershed protection, and successful commercial enterprise viability are designed simultaneously and on a case by case basis. He noted that most of the Board of Aldermen are more concerned about getting it done rather than getting it done right. He said that the citizens are asking for the County Commissioners' involvement to protect the vision of the Northern Transition area, to ensure well planned smart growth, and to ensure the protection of existing neighborhoods. Kim Fahs, resident of the Northern Transition area for 12 years, said that she has seen some good things happen in the area and some bad. She read from the small area plan as follows: "One of the attractions of the study area is the beauty of the land itself, with its open fields, wooded streams, and rolling hills. If development leads to the destruction or alteration of these features, they cannot be reconstructed." Neighbors of the Transition Zone have joined together to form a group called HOTZ, Home Owners of the Transition Zone. She distributed a mission statement to the County Commissioners. They have also joined with the Friends of Bolin Creek. The neighbors were initially alarmed at the proposed text amendments to the village mixed use land ordinances, which Winmore developers had proposed to Carrboro. They are still concerned that a six-year community wide study plan would be prodded and tweaked for this particular developer and could potentially alter the heart and soul of the study plan. The Board of Aldermen passed almost all of the changes. She feels that democracy demands that the citizens get their chance to talk. She is asking that a public hearing be scheduled as soon as possible on these text amendments. She feels that the spirit of the joint agreement allows that each governing body have a voice on all aspects of the development process. They respectfully disagree with Craig Benedict that once it is annexed, you do not have a voice. The protection of Bolin Creek, the school over-crowding, and traffic congestion are key issues here. The proper placement of a dense mixed use neighborhood is also an issue. She made reference to the study co-authored by Professor Burke and said that he did not think that Winmore was in the best location. She urged the County Commissioners to consider public hearings on any and all future issues related to development in the Northern Transition Zone. Nancy Salmon said that her particular concern is the issue of the possible annexation of this area before the rezoning and development application is considered. She agrees that village mixed use developments should ultimately be annexed to Carrboro, but if the annexation occurs first there are really serious consequences. If annexation occurs first, it would be possible for the developer to come in with a proposal with buffers significantly less than those required for the Northern Transition area. She asked that the County Commissioners use whatever power they have to have the developers abide by any buffers that are outlined specifically in the land use ordinances for Bolin Creek. Elizabeth Pungello read a prepared statement. She is a homeowner in the Northern Transition Zone. In summary she said that the debate about Winmore was not about affordable housing. This community is pro affordable housing. She said that the community supported the Rogers Road neighborhood when it was proposed. This is a true affordable housing community. They are also pro environment. She quoted the Winmore developers as follows: "The ultimate goal of sustainable development is to meet the needs of the present without compromising the ability of future generations to meet their own needs." In order to do this, we must protect the areas that clean our air (trees) and provide our water (creeks). This is why she is against Winmore in its proposed location. She agrees with many of the green building ideas that the developers have proposed. She wants Winmore to be in a place that makes sense, not in a sensitive environmental area. The issue is not that they do not want this near their neighborhood, but that this particular land needs to be preserved. Betsy Pedersen, a member of the HOTZ steering committee, said that she speaks for her husband and several neighbors who were unable to attend. She said that they are opposed to the Winmore development on the proposed site. They do not want the Bolin Creek flood plain, natural area, and wildlife disturbed. The students at Smith Middle School use Bolin Creek for ecological studies. Ten of the students addressed the Carrboro Board of Aldermen two weeks ago with their concerns about the well being of the creek. The students circulated petitions in support of preservation of the creek area and collected over 370 signatures of registered voters. The HOTZ also asks that the County Commissioners exercise their elected powers, caution, and wise deliberation before allowing this development to move forward. Brian Boyce talked about the power of the County Commissioners. The area where the developers want to put this development is now forestland. Personally, he feels Winmore is a disaster in the making. It is clear to him that absence guidance from the County Commissioners, Winmore is a done deal. The developers submitted text amendments, which were all accepted by the Board of Aldermen with minor changes. At the same public hearing, the HOTZ suggested other text amendments that were not considered. They do not expect any action to be made on these suggestions. He said that HOTZ was only tolerated at the Board of Aldermen meetings, not embraced. He read a statement from the Carrboro Appearance Commission as follows: "By agreeing to consider any number of changes to the land use ordinance at the behest of one developer, the town sets a dangerous precedent -treating developers like customers and the land use ordinance like a product for sell." He said that the Northern Transition is an area of joint planning. The Joint Planning Agreement provides a mechanism whereby each government got something and gave up something. The towns gave up the right to poach lands and they gave up the right to gain sole administration over a northern transition area land by annexation. He said that neither Chapel Hill nor Carrboro can exclude Orange County from joint administration of a northern transition area simply by annexing the property. The land does not come out of the northern transition area until it is voted on jointly. He gave the County Attorney a written legal analysis of the JPA and what he believes are the County Commissioners' rights with respect to annexation. He asked the County Commissioners to use their joint planning power. Bob Chapman is one of the three developers for the Winmore development. He said that he thought they had a very productive session with HOTZ last week. He extended an invitation for HOTZ to meet with the developers on a weekly basis. He said that no planning has been done on the UNC parcel at this time. He said that this is an important process. He spoke about his background. He said that they were delighted to work with the County Commissioners on this project. Commissioner Halkiotis asked for answers to some of the questions raised. He said that he heard that some of the land was purchased from the University to make this project possible. He wants to know the process that the University uses to sell land. He would like for the County Attorney to give us an update on the Joint Planning Area and what part of the Northern Transition area is in the JPA and thus covered by this agreement. Also, what are our legal rights according to this agreement. Commissioner Gordon supports finding out the University's process and she supports finding out what our role is in terms of annexation. She has been struck by the comments of the citizens about environmental protection. She feels that it is important for the County Commissioners to look at the text amendments because she understands that the County Commissioners will still need to vote on the text amendments. Regarding the Adequate Public Facilities Ordinance, we are moving ahead at a good pace, which means that the ordinance could be in place as early as February of next year for the Chapel Hill- Carrboro district. She thinks the County Commissioners should move very quickly and fulfill their responsibilities. Commissioner Brown asked Mr. Chapman some questions. She asked how the process with Carrboro got to the point where the County Commissioners were not involved. Mr. Chapman said that they anticipated making presentations to the County. The three families that own the property submitted an annexation petition to Carrboro. The developer did not submit the petition to Carrboro. Commissioner Brown said that the County Commissioners feel that they have a responsibility to the citizens of the County and in particular the people in the transition area who do not vote in Carrboro but are under the authority of Carrboro planning. She said that to go around the County Commissioners with an annexation does not sound like a benefit in any way. Bob Chapman said that he understood that the only ones who could apply for annexation were the property owners. The property is titled to three families. They have submitted annexation requests to Carrboro in three individual applications. He said that his impression was that once a village rezoning took place, it was a matter of policy that it would be annexed. Commissioner Brown said that this was not the case. She gave the example of Southern Village, which stayed in the County for nine years before annexation. Commissioner Brown asked how Mr. Chapman feels the project will impact the schools. Mr. Chapman said that the number one criterion for creating a walkable neighborhood is to be within walking distance of a school. He said that they want to work with the County in any way to be part of the process of making more schools more walkable to people throughout the County. He said that there would be a very gradual increase in demand. They believe that the right place for a village is near a school. Commissioner Brown asked how the University sold this property. Bob Chapman explained how they obtained the property from the University. He said that Professor Horace Williams gave the property to the University under the condition that it would be sold someday and part of the proceeds would be used to endow the Philosophy department. The developers had discussions with the University about addressing some of the needs of the University for more affordable housing to attract faculty and also an example of the kind of development they anticipate at Horace Williams. After several meetings, the Board of Trustees voted to sell the property to the developers with conditions. This transaction has not been completed. There has been no planning done on the property other than to identify the type of housing that could be built. Commissioner Brown said that she does not understand the affordable housing piece. Bob Chapman said that all the houses they build will be below market price. The second element is that Carrboro has a requirement that at least 25% of the houses be smaller units — 1350 square feet or less —and of that 25%, 10% are to be below 1100 square feet. The third element is that there would be 96 units based on income. Chair Jacobs suggested that the Board address questions to staff instead of the developer because it was getting late. Commissioner Brown said that we need to pursue our communication with Carrboro and let them know that we intend to work with them and remind them of how important working together is. Chair Jacobs will write a letter. Commissioner Carey said that he supports getting the answers to questions Commissioner Halkiotis stated above. He will ask questions at a future time. Chair Jacobs said that he does not think governments should communicate with one another via email. Orange County was first informed about the Winmore development by email. Chair Jacobs will write a letter to all municipalities and OWASA. He would like to see the Orange County Planning Board included in the process. He agrees with getting the answers to the questions above. Also, how the Adequate Public Facilities Ordinance fits in with the timing of this development. He noted that the issue of annexation is something that has been on the County Commissioners' legislative agenda for many years. He would like the Board to communicate to Carrboro that we would hope that we could go through a public hearing process. If annexation is to be considered, it should be done after a public hearing is held. We need to take every opportunity to have the concerns heard from citizens who live in the Northern Transition area. He would like for the Orange County Board of Commissioners to ask the developers to put in abeyance their request for annexation until after the public hearing in October as part of the joint planning process. Chair Jacobs will write the letter to Carrboro and share it with the members of the County Commissioners for comments before sending it to the Carrboro Board of Aldermen. There will be a report at the next meeting. NOTE: The Board of County Commissioners agreed to extend the meeting to 10:45 p.m. a. No Fault Well Repair Fund Policy The Board considered a policy for administering the No Fault Well Repair Fund. Alice White, member of the Orange County Board of Health, submitted the revised policy for the No Fault Well Repair Fund for the County Commissioners' consideration. Staff from the Health Department met with the community last April 7`h. Two concerns emerged — if pumps will be included in the policy and that a provision be made to reimburse retroactively those residents who had repairs made between October 10, 2001 and approval of the policy. The Environmental Subcommittee of the Board of Health addressed these concerns in the revised version. Specifically, pump repair is addressed on page eight with a prorated schedule of reimbursement based on the assumption that pumps have an average life span of 15 years. Secondly, on page 10, there is a section that specifies that residents who incurred costs between October 10, 2001 and the date of the approval of the policy may seek reimbursement with supporting documentation of the work that was done. The Board of Health recommends that the County Commissioners approve this revised policy. Health Director Rosemary Summers said that yesterday evening Ron Holdway met with some members of the community to go over the recommended changes and there were some more changes that they wanted to have considered. One is related to the policy itself. The members of the community wanted to take away any date restriction on the access to the well repair fund. Public Comment Barbara Trent presented a petition signed by 40 neighbors after yesterday's meeting with the County's Environmental Health Department. She requested to read a prepared statement. Commissioner Carey suggested that Barbara Trent present her concerns to the Board of Health before the County Commissioners consider them. Barbara Trent said that the community would like to see a policy for administering the no fault well repair fund passed. There are people who have well failures who need relief. She said that there is only one issue in the petition specific to the policy and three others that should be addressed at some point. Rosemary Summers said that the single issue of disagreement is when the community is eligible for reimbursement through this fund. The Board of Health has proposed October 10, 2001, which is the date of adoption of the special use permit. The community would like it to be earlier than that. The Board could adopt the policy as drafted this evening and the Board of Health could take up the request and make amendments. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the policy with the changes as recommended by the Board of Health, with the proviso that the issue brought forth by the citizens will be dealt with in an expeditious manner. VOTE: UNANIMOUS b. Regulated Recyclable Materials Ordinance— Establish Three New Support Positions and Award Equipment Bids The Board was to consider establishing three new full-time permanent positions and awarding bids for equipment to support implementation of the Regulated Recyclable Materials Ordinance. However, this item was postponed. C. Resolution to Amend Ordinance Regulating Recyclable Materials The Board was to consider adopting a resolution amending the Regulated Recyclable Materials Ordinance approved by the Board in December 2001. However, this item was postponed. d. OWASA Conservation and Demand Management Ordinance The Board considered adopting a water conservation and demand ordinance affecting Orange Water and Sewer Authority (OWASA) customers in unincorporated areas of the county. County Engineer Paul Thames made this presentation. Commissioner Halkiotis made reference to the new car wash going up in Hillsborough and asked what type of water it would use (recyclable, well, etc.). Someone will report back on this. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve this ordinance. VOTE: UNANIMOUS Ed Kerwin, Executive Director of OWASA, said that Cane Creek is currently eight feet below full, which is a record low. The second lowest it has ever been is a foot and half down in 1999. While we average 12.5 million gallons per day, we did have a peak day last week of nearly 15 million gallons per day. During the past 12 months we are almost 13 inches below normal rainfall. He said that they would keep Orange County and the other governments apprised of the supply situation and may call on them to put the ordinance in practice. Chair Jacobs asked Paul Thames to update County Commissioners periodically on lake levels here in northern Orange County. As of 5:30 today, Lake Orange was a foot and a half below full. By the end of next week, he will be asking the County Commissioners to activate voluntary conservation and by the end of two weeks, mandatory conservation. NOTE: ALL THE ITEMS BELOW WERE POSTPONED TO A FUTURE MEETING. Appointments e. Appointments to the Adult Care Home Community Advisory Committee The Board was to consider two appointments to the Adult Care Home Community Advisory Committee. f. Reappointment and New Appointment to the Agricultural Preservation Board The Board was to consider one reappointment and two new appointments to the Agricultural Preservation Board. g, Appointment to the Carrboro Board of Adjustment The Board was to consider one appointment to the Carrboro Board of Adjustment. h. Appointment to the Carrboro Planning Board The Board was to consider one appointment to the Carrboro Planning Board. L Appointments to the Commission for Women The Board was to consider appointments to the Commission for Women. L Appointments to the Fairview Area Master Plan Committee The Board was to consider appointing two of its members to the Fairview Area Master Plan Committee. k. Appointments to the Joint Orange Grove Transportation Group The Board was to consider appointing two of its members to the Joint Orange Grove Road Transportation Group. I. Appointment to the Personnel Advisory Board The Board was to consider one appointment to the Personnel Advisory Board. 10. REPORTS a. Status Report for Rogers Road Waterline Connections The Board was to receive a report on the grant program for the funding of connections between eligible properties and the main water line by the Orange Water and Sewer Authority in the Rogers Road neighborhood. b. Update on Winmore Project and Associated Carrboro Land Use Ordinance Changes This item was discussed above as item 9-a1. 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION The Board was to go into Closed Session 'To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5) For the record, the County Commissioners did not go into closed session. 14. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 10:50 p.m. VOTE: UNANIMOUS The next meeting on the regular meeting calendar will be held on Thursday, June 6`h at 6:00 p.m. at the Government Services Center in Hillsborough, North Carolina. This meeting will be followed by a budget public hearing at the F. Gordon Battle Courtroom in Hillsborough, North Carolina at 7:30 p.m. Barry Jacobs, Chair Beverly A. Blythe, CMC