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HomeMy WebLinkAboutMinutes - 20020903APPROVED 11/19/2442 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS September 3, 2402 The Orange County Board of Commissioners met on September 3, 2002 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Alice M. Gordon, Stephen Halkiotis and Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Assistant County Manager Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below} NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA Item 9-b2 was added - "Report and Action on Growth Controls in Large Residential Projects." PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect: The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda There were 13 speakers signed up to speak about the Animal Protection Society, but the Chair only allowed four people to speak due to the number of items on the printed agenda. The Board of County Commissioners will be referring this issue to the staff and will direct which forum will be available to the public to make these matters known. Margie Huggins distributed a handout to the Board of County Commissioners. She read from the handout. She lives in Chapel Hill and has adopted an animal from the Orange County Animal Protection Society. She understands that it is a difficult task to run a shelter and has the utmost respect for those involved. However, many people in the community have concerns about some of the practices and oversight at the shelter. She is an attorney and she has spoken to several other lawyers and citizens who share her concern over the appeals process and the lack of specific written guidelines. It is critical that guidelines for matters such as adoptions and dangerous dog designations be available both for public information and to ensure that the APS is consistent in their decision-making. She asked the Board of County Commissioners in their contract with APS to require the APS to adhere to the open meetings law. She made reference to a quote from Mrs. Walters in the Durham paper as follows, "The APS is no more aquasi-governmental agency than a cleaning service is." She said that this is perhaps misguided. She said that this agency operates as an arm of the County and makes discretionary decisions for the good of the public and the animals. She said that Mrs. Walters also commented that the community did not want to see the work of one person bring down the work of many. She said that no one person is trying to bring down the work of many. To the contrary, many are calling for increased accountability sa that the goad work can continue to be done. One of her areas of practice is animal law and she is willing to step forward and commit to helping establish or serve on a task force to address same of these concerns. Stacy Hughes represents the APS and Wildlife Center and said that she is proud to be a part of the APS. She does have concerns about internal issues -disease control, lack of medical support for wildlife, a blatant disregard far federal regulations that places staff at risk in jeopardizing their careers in their field, and misrepresentation of the low cost spayJneuter clinic. There is more detail on these issues in the packets provided to the Board. They do not want to bash the APS, but they are hoping to encourage positive change. They are employees but want to make these matters known to the Board of County Commissioners. Kris Bergstrand, a veterinarian for 22 years, said that she began volunteering at APS Wildlife Rehab Center and SpayJNeuter Clinic in October 2001. When she began volunteering, she told the veterinarian on staff that she did not hold a license in the state of North Carolina. He called the North Carolina Veterinary Board who assured her that it was appropriate for her to work on the non-public owned animals. She asked the Orange County Board of Commissioners to convene a public forum to help clarify to the citizens of Orange County haw APS policy decisions are made and how these policies affect animals, the public, and the APS staff. She is particularly concerned about the recent history of the APS program offering low cost spays and neuters to the public. She has documentation showing that APS management and Board of Directors have strongly encouraged the veterinary staff to perform this service, even after they were made aware that performing this service is in violation of the Veterinary Practice Act of North Carolina. She is very frustrated at the lack of clear policies at the APS regarding the adoption of sick or potentially dangerous animals. She is also worried about concerns brought to her by APS staff over the past two months about veterinary care and disease control. She understands that the staff took the concerns to the management, but did not receive a response that could help correct the problems. She contacted a board member and described the concerns. The board member seemed appreciative and assured her that this would be addressed. As of today, the staff has not received any guidance. She hopes that a task force made up of veterinarians from the community can assist APS in being the best it can be. She said that tomorrow she could provide copies of a statement from a foster dog volunteer who had an experience with a pit bull. The pit bull showed aggression towards people and animals. She was advised by APS's awn trainer that the dog be put to sleep. The dog was still adopted out at advice of the management of APS. Judith Reitman said that she attempted to adopt a puppy, Casey, but the dog was euthanized after being deemed aggressive by the APS. A director of a County agency told her in a documented conversation, "Even if you write an investigative article, it want do any good." She felt compelled as a public interest journalist to pursue documentation of these matters. She found that there is a significant discrepancy between what APS tells the public it does and what it actually does. She also found a discrepancy between its official mandate and its internal policies. Furthermore, the agency responsible for the oversight of APS has assumed an inappropriate advocacy role for the organizations. Orange County taxpayers pay about $428,000 a year of APS's shelter bills, yet APS is contemptuous of public inquiry. All of her findings could justify a fraud inquiry. She said that the board maintains ahands-off policy, refusing to question management's decision. She said that the Director of the Board of Health has assumed an advocacy role, both in writing and in the media, in defending APS against critics who simply wish to see APS fulfill its public mandate of protecting animals and the community. She is requesting the Board of County Commissioners to assume its rightful authority and call a public forum. The purpose is to create a public oversight body comprised of professionals in the field of veterinary medicine, law, and the media. The intent is to clean house at APS in order to initiate and secure enforcement of responsible and legal practices. This should include an amendment to the County contract that places APS under the public records and open meetings law. There is no justification for APS to conduct closed-daordeeision-making when the public is paying 213 of its bill. Chair Jacobs asked Greg Wilder from the Manager's staff to get a-mail names/addresses for future correspondence with the people who were signed up to speak about APS. The Board will refer this to staff to bring back a report to the Board of County Commissioners. One of the Assistant Managers, Gwen Harvey, will get together with Health Director Rosemary Summers and Alan Reimer who is on the Animal Control and Environmental Health subcommittee on the Board of Health to create a process so that there is an opportunity to document and discuss the issues that people have and to suggest an appropriate forum for discussing that beyond the Board of Health if needed. A task force may also be needed. Anew animal shelter is supposed to be online by 2006 and this is a good impetus to get started. Commissioner Halkiotis asked the County Attorney to include in the report, because of the significant contribution by Orange County to the APS, that there is an obligation to meet the mandates of the North Carolina open meetings law. He asked for clarification from Mrs. Reitman on the information from the director of a County agency. He asked if she was saying that one of our directors of one of our departments told this to her. She said yes. Commissioner Halkiotis said that he is very concerned because he has been inundated with emails about this. He would like for the inquiry to be as complete and as quick as possible. Commissioner Brown would like the APS to explain the relationship between the Lantane Center and if it is funded with any County monies. Commissioner Gordon is grateful that the citizens have brought this to our attention and said that we are all animal lovers. Commissioner Carey would like the staff to bring back feedback as soon as possible even if it is interim feedback. He asked for a shave of hands of any APS board members. There were about six people. John Link said that the first step is to sit down with the leadership of the Board of Health and define what the State law requires in county government as it relates to animal control and what the State does not require of counties with animal control. Orange County has had a rich history and relationship with the APS. We may want to look at all alternatives for animal control in other counties to see what is successful. He said that they are going to start immediately on this issue and come back with a game plan for working with the Board of Health and the citizens to produce a positive outcome. Chair Jacobs said that there would be an interim update no later than October 1St Judith Reitman said that there are sick animals at the shelter and increasing numbers of dying animals. Chair Jacobs said that this would be included in the charge to ask the staff to visit the APS to make sure there is not an immediate problem that needs to be addressed from a health point of view. George Tate, Jr. said that he was born in Efland, NC. He said that he came to the Board two months ago and was told to go to the Planning Department to get a permit for the 7-11 in Efland. He went before the Planning Department, but they denied him the permit. He is coming to the Board to try and get this piece of property zoned to build this. He has a water and sewage tap now. In doing so, the federal government filed a tax lien on his property and he had to stop the construction until he cleared out the tax lien. He has lost about two years trying to get this permit. The piece of property is on the corner of Richmond Road and US 70 and is approximately 1.85 acres. It is now zoned R-1 and the Planning Department said that he would need an R-2 zoning. He has over 100 signatures {petition included) from neighbors that want this 7-11. He said that it was not his idea to build the 7-11, but the neighbors wanted him to build it. He also has two other pieces of property -the old JOCCA building and a nine-acre tract that is zoned R-1. He wants the JOCCA building to be zoned commercial and he wants the nine-acre tract to be zoned far affordable housing. He asked for the Board of County Commissioners' cooperation. Chair Jacobs said that this would be referred to the planning staff and Mr. Tate would be informed when it comes back to the Board of County Commissioners. Commissioner Halkiotis was unclear because it sounded like at one time that he did have a building permit. Chair Jacobs said that apparently there has been a lapse of a number of years between the time he got the permit and now. Commissioner Halkiotis verified with Mr. Tate that there was a footings inspection and that water and sewer fees have been paid. Commissioner Brawn asked staff to do an outline of the steps involved in re-zoning for Mr. Tote's properties. Chair Jacobs asked the Manager to return with information on this issue by October 1, 2002. b. Matters an the Printed Agenda {These matters were considered as the Board addressed the items an the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis asked County Engineer Paul Thames to give an update on the water situation. Paul Thames said that he did not know exactly how much rain fell in northern Orange County over the weekend, but the rain added a foot and a half of water to Lake Orange and at Hillsborough's West Fork reservoir. It may be over 3 weeks before we go into Stage 6 water restrictions. Cane Creek got only about 3 inches. OWASA still plans to meet with its board this Thursday to talk about asking Chapel Hill, Carrbaro, and Orange County to approve even mare stringent water use restrictions in the OWASA service area. Commissioner Halkiotis said that he had endorsed a while back a letter to DOT District Engineer Mike Mills about a stoplight at Cedar Ridge High School. We got the stoplight. He said that the County Planning staff has asked about a cross walk at Grady Brown to Cedar Ridge, but it was denied by DOT. Today, he witnessed first hand the Cedar Ridge football team running across the street to practice at Grady Brown because the field is more established. There are two driveways that are aligned with the two schools and a crosswalk could go in there. He asked the Manager to write to Mike Mills again about the crosswalk. Chair Jacobs suggested copying the letter to Division Manager of DOT, Mr. Galyon. Commissioner Brown asked if anyone was making a list of possible DOT cross walks {one is at Seawell School Road}. Commissioner Halkiotis suggested asking both school systems to review the cross walk issues. John Link said that he would. Commissioner Halkiotis said that he was around the King junk yard on US 70 and that the cars seem to be moving closer to the road. He asked that the Zoning Enforcement Officer look into this to see if the cars are in the right-of-way. He would like the staff to take pictures of this. Commissioner Gordon said that the Rural Planning Organization was discussed at the Triangle J Council of Governments meeting. A lot of the questions that she had asked about the RPO were answered. One of the issues was the name and why it was named Research Triangle. Part of the reason is because this is the Triangle area. Also, if you take out the two Metropolitan Planning Organizations and the fact that Johnston County does not want to join the MPO, then everything else that is left is in the Triangle. They also said that people wanted to be associated with the name Triangle. It is true that it would have to be approved by everybody else if we wanted to change the name. She asked about the bylaws and why there was not more specificity, and it was answered that everybody would have to go back and re-sign. There is every intention that there would be bylaws that would be made up when the groups get together. The counties that will be involved will only have one town representative. Orange County would not have a town representative. The other three counties would have two representatives. The people at the Triangle J COG thought it was a good agreement. She said that people are interested in having Orange County to participate. Commissioner Gordon said that there is an election a week from today -September 10, 2002. There will be no run-off. She said that she got a call that one of the precinct entrances is blocked by court order. She asked Geof Gledhill to give a brief update. Geof Gledhill said that there is no court order and the palling place is not blocked. He said that the residents of the Oaks Community challenged the series of special use permits issued by the Town. In the context of that litigation, an agreement was reached that resulted in all of the litigation being dismissed. The agreement was that there were two roads that are planned as part of the final build out of the Meadowmont Community that will not be offered as dedicated roads to Chapel Hill until July 2003. The reason for the agreement was that the existing community was concerned that these new roads would make their community a thoroughfare between Ephesus Church Road and NC 54. They were also concerns about the roads being used for construction traffic during the build out. Geof Gledhill said the roads are blocked off by flowerpots and there are other routes to get to polling place. He said that he had been told by Carolyn Thomas that she would provide maps and letters to all voters in the precinct area telling them how to get to the polling place. Commissioner Gordon did not want anyone to be deterred to vote by this road situation. Commissioner Carey made reference to a resolution concerning the 2002 drought adopted by the NCACC. The NCACC will probably put together a group of County Commissioners and the League of Municipalities and if anyone is interested in serving on this group, they should let Commissioner Carey know. Chair Jacobs said that he might be interested. Commissioner Brown asked John Link about the Planning Department and the signage ordinance to see if there were any election signs out of compliance. John Link said that the Zoning Enforcement Officer went out and took down a lot of them that were out of compliance. He noted that our jurisdiction is only with the County at large. There are other signs in Chapel Hill ar Hillsboraugh that may be out of compliance, but that is their zoning responsibility. Chair Jacobs expressed his appreciation for the rain and said that he walked down to 7-mile Creek a couple of weeks ago and it was totally dry. He went down yesterday and there were several inches of water flowing. Chair Jacobs shared that he went to the opening of the YMCA/Carol Woods Day Care Facility. There are only six children signed up for the daycare. It adjoins an assisted living facility, which allows far interaction of preschool kids and senior adults. Chair Jacobs reported that he and Commissioner Halkiotis met today with the Chairs and one Vice- Chair of the two school systems, the Manager, and the Superintendents. This is the High School Planning Task Force. They talked about two things for the September 24t" joint meeting with the two school boards: 1}the possibility of getting assistance from the Institute of Government to help work on issues of collaboration between the two Schaal districts; and 2} we asked our staff to do some cast analysis of some of the different high school sizes that have been discussed using our current indebtedness and other alternative funding sources. Chair Jacobs said that the District XV B Bar Association has commissioned a mural for the courthouse by Chapel Hill artist Michael Brown. It is going to be a gift to the County in celebration of the 250t" anniversary. The painting will reflect the rich heritage of the entire County. Commissioner Brown made reference to the meeting today with the school boards and asked about the status of the adequate public facilities ordinance. Planning Director Craig Benedict said that the School and Land Use Council sent the last version of the APFO to all local governments. Hillsboraugh had a meeting this summer and Carrboro and Chapel Hill have some comments and minor revisions. The School Facilities Task Farce has addressed some of the four variables within the formula to calculate the APFO. After the projection models are tied together, all of the comments from the local governments and the School Facilities Task Force will be gathered and sent through one more time to everyone. It will also come to the Board of County Commissioners. This last version should be ready within about a month. Commissioner Gordon said that she had just asked Craig Benedict in an email to get together the update on what the jurisdictions have done on the MOU and on the Schools Adequate Public Facilities Ordinance. She also asked far a time schedule so they could start collecting the data on November 15t" and then get the ordinance in place by February 15, 2003. She asked when the Board of County Commissioners would be able to discuss the MOU. She thinks the Board should get it on the schedule in late October. John Link suggested putting it on the work session in the second week in November. Commissioner Gordon pointed out that the Schools and Land Use Council made recommendations on all the things that are needed to start the SAPFO. She said that we did not have a lot of time if it is to be implemented by February 2003. She wants to discuss this an October 11tH Chair Jacobs said that he would discuss this with the Manager on how soon it could be put on an agenda. Also, he would like an update on what issues remain for the Orange County School Board. Commissioner Gordan said that the Chapel Hill-Carrboro City School district, the Chapel Hill Town Council, and the Carrboro Board of Aldermen seem to have a sense of urgency and these schools are growing fast as opposed to the Orange County Schools which are not filling up as quickly. 4. COUNTY MANAGER'S REPORT John Link recognized Fletcher Barber of Cooperative Extension who gave an overview of what the drought has done to the farmers. He said that there has been 90°lo pasture loss, which has forced livestock producers to sell their animals earlier at a lighter weight because there was no pasture for them to graze. The figures are that farmers in the area will lose from $10,000-50,000 because of the drought. They were pleased to see the rain but it will not help much and if this drought continues, it will hurt the cows. They have continued to try and educate the farmers through newsletters on the drought situation. There is some relief for the farmers through the farm service agency as well as the soil and water. This will give them 75% funds to help them towards watering systems, etc. They are really concerned that most of the livestock producers are using their winter feed now. They have only had four farmers come in and ask for assistance with their wells. Another issue from the drought is increased diseases. One disease in tobacco has been the split worm that is between the leaves. Commissioner Gordon asked if farmers were going to be forced out of business. Fletcher Barber said that some farmers are on the edge of going out of business. Commissioner Gordon asked if the County could do anything. Fletcher Barber said that he was meeting with the drought committee and they are trying to formulate some recommendations. Commissioner Gordon said that we have been trying to encourage farmers to keep farming and it would be too bad if some of them went out of business. Commissioner Carey asked about the 75% money available and Fletcher Barber said that it is loan money through the North Carolina Agriculture Cost Share Program and the Environmental Quality Incentive Program. These are bath administered through the Soil and Water Conservation Service. Commissioner Brawn asked for any information about how many farmers are using irrigation. Fletcher Barber said that he would try and provide this to her through his report. Chair Jacobs told Fletcher Barber to remind farmers who are short on funds that the County does have funds for purchasing conservation easements, which is a way to capitalize some of the other parts of their operation. 5. RESOLUTIONS/PROCLAMATIONS a. Proclamation Celebrating 250th Anniversary of Orange County The Board considered a proclamation officially designating the year beginning September 9, 2002 as a year of celebration of Orange County's 250th Anniversary. Economic Development Director Dianne Reid made the presentation and distributed a revised preliminary budget. There have been some additional contributions. Sheer Associates designed and laid out a general information brochure. This is a draft. It equates to $1,885. There was a significant discount on the flagpoles for the banners from Dual Supply. She reminded the Board of the events on Sunday and Monday. On Sunday, beginning at 12:30, people who wish to walk from near the original site of the first court of Orange County may come into Hillsborough and park at the Sheriff's Department. There will be shuttle buses. It will be a three and a half mile hike with stops along the way. At 4:00, the Hillsborough Historical Society is presenting a speaker. On Monday, which is the official anniversary, at noon, church and other bells will ring throughout the County 25 times and there will be a brief ceremony. Schools have been invited also. Commissioner Gordon asked how many brochures would be published. Dianne Reid said that there would be 2500 printed initially. Dianne Reid distributed items to the Board of County Commissioners - t-shirts and pins. Chair Jacobs read the proclamation. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: TO PROCLAIM A YEARLONG CELEBRATION BEGINNING SEPTEMBER 9, 2002 TO COMMEMORATE THE 250T" ANNIVERSARY OF THE FOUNDING OF ORANGE COUNTY WHEREAS, on September 9, 1752, a new county was born of the North Carolina colonial back country - a county that spanned the area from present-day Greensboro to present-day Cary, from the Virginia line to the Uwharrie mountains, and WHEREAS, on that day Orange County became a reality as the first colonial Court of Pleas and Quarter Sessions was held at Grayfields along the Eno River, and WHEREAS, the new County -originally inhabited by the Occaneechi/Saponi nation and other native American tribes -included 4,000 persons and a land area of 3,500 square miles, including all of present day Alamance, Caswell, Person, Durham and Chatham counties as well as parts of Wake, Lee, Randolph, Guilford and Rockingham counties, and WHEREAS, as citizens of one of the oldest Piedmont counties, Orange County's 120,000 residents have much to celebrate, including - A commitment to education, from the founding of the University of North Carolina, the nation's first state university when it opened in 1795, through the development of six freedmen's schools formed in Orange County by 1868, to local school systems rated among the best in the southeastern United States. - A will to preserve cultural and natural resources such as the County's tapestry of distinctive buildings, neighborhoods, farmlands and natural treasures like Occoneechee Mountain, the N.C. Botanical Garden, and the Eno River Corridor. - A growing diversity, beginning with the Indian nations, recast by the arrival of people from Europe and Africa, and shaped recently by the addition of many persons from Asia, Latin America and other places around the globe. - An ongoing love of independence, whether reflected in the actions of the Regulators or the patriots of the American Revolution, by women fighting far their equality, by African- Americans struggling to secure their civil rights, by sharecroppers and mill workers striving for dignity, or by free-speech advocates in the mid-20t" century. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners acknowledges the contributions and history of the past 250 years, and officially proclaims the year beginning September 9, 2002 as a year of celebration of the County's 250t" anniversary. This, the 3rd day of September 2002 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Update on Mental Health Reform Planning Process The Board received an update on the status of the state-mandated planning process for mental health reform, and received advice concerning key choices ahead. Gwen Harvey provided a brief introduction and said that attempting to reform a statewide mental health developmental disability and substance abuse system is a daunting process. The County is required to do a sweeping reform of the service system over the five-year period. There have been a large number of meetings across the State involving a broad range of stakeholders. There was a steering committee comprised of OPC staff including the County Managers and representatives of the Boards for Orange, Person, and Chatham Counties. Executive Director of OPC Tom Maynard is here to provide the Board with an update on the work of the steering committee. This is a prologue to the public forum, which will be on October 8t". Tom Maynard said that it is difficult to be brief when they have such a monumental task before them. He said that Commissioner Brown has been outstanding in her involvement with the OPC Board. He went over the State Plan Progress Report. The planning process is on schedule. The next step is public forums. The draft of the final plan is scheduled to be presented to the Boards of Commissioners by November 1, 2002. The final plan will identify and recommend solutions far any issues which may appear either controversial or represent serious risk to the County. He said that governance is a big issue because the State has mandated that the counties participating choose a governance structure. There are different possible structures for governance. OPC is assuming that all three counties are staying together. So far, they are looking at a public model, which encourages strong commissioner, consumer, and family involvement. The OPC attorney is reviewing the structural options. He said that some OPC programs are interested in independence, but mast are not. The transition plan will take time and must be orderly. They have also learned that County run programs are an option. Regarding the funding plan, OPC intends to present a plan that improves services with no net increase in County costs. Significant service improvements will depend upon aState-financing plan. He recognized Judy Truitt, Project Manager, who has done a tremendous amount of work on the plan. Commissioner Brown said that this has been a significant challenge far her. She said that serving on the OPC Board has been the best experience that she has had an a board (with the exception of the Board of County Commissioners}. She does not think that the reorganization is a positive move because there is no funding in order to be creative. The County is going to be responsible for taking care of the mentally ill in the next 5 years. She spent the summer visiting sites within the counties - group homes, nursing homes, the club for mentally ill and schizophrenic citizens, etc. and tried to understand all of the services that OPC provides to this vulnerable population. She thinks that the reorganization will require a lot of meetings with other entities, {i.e., UNC, hospitals, health departments, social services, churches, etc.}. She said that one piece that it is extremely troubling is the history that has gone ahead of us and what happens to these vulnerable people. Many of these people end up living near and around courtrooms and jails. She thinks that we need to do whatever we can to prevent this. Housing is going to be one of the big challenges. The other piece is the nursing homes and adult care facilities for these people to go to. Her understanding is that many of the people that are going to be released will go to nursing homes and adult care facilities. Chair Jacobs thanked Mr. Maynard and Mrs. Truitt. He said that we are fortunate that Commissioner Brown has made such a commitment to representing the interests of the citizens and this Board in this process. Commissioner Halkiotis said that he took a tour of Umstead Hospital. He said that he really does not know why any mature, responsible adult would venture dawn a road that has a map that is missing so many identification points. He is not really sure that people at the State level comprehend where they are going. He does not understand why the State plan requires that the LME {Local Management Entity) not provide services. He thought that one of the richest components of OPC was that it was always generating new opportunities to assist citizens. He said that the state seems to be divesting itself of its responsibilities as State government. He is not convinced that this is a smart move. He said that nobody uses the word "privatization" in all of this, but it smells like privatization. He would like to see some openness on who is pushing this at the State level and what the vested interest is. Commissioner Brown said that there has been several court cases on community care. She said that that people have misused the community care idea to mean that all the funding is supposed to come from the community. She thinks that the state has deliberately used it as a way to put the financial burden on the local level. Commissioner Carey said that the Orange County Commissioners are not the only ones in the State concerned about this issue and that the NCACC has not embraced this program yet but they are concerned. His question is whether the committee is going to make one recommendation on the LME options or if it would present the pros and cons of each. Tom Maynard responded by saying that the decision at the outset does not have to be the final one. Some of the other options could continue to be studied and reviewed. Commissioner Carey asked if the Board would hear some responses to some of the questions in the agenda abstract at some point in the near future. Tom Maynard said that these issues would be presented at the public forum. Jahn Link said that they would come back with the pros and cans of the three models available. They will come back during October to each of the three Boards of Commissioners and get some collective direction on the governance issue. He thinks that, in order for this to be successful, the County Commissioners need to be in charge. County Commissioners have demonstrated throughout the State the ability to adapt to new programming, change, hurricanes, disasters, etc. This is an opportunity to show Raleigh what the Board of County Commissioners can da and how they can respond for those that cannot speak for themselves. Chair Jacobs suggested inviting the legislators to the October 8, 2002 Forum and to look at where we might want to suggest changes to the structure of the law. If there are glaring flaws, then the Board can make the case to try and get it changed as quickly as possible. Orange County will go the extra mile and with UNC Hospital it will make Orange County a mecca for other counties. Commissioner Brown said that the Commissioners are in a good position to make this work and it is up to the County Commissioners to provide for our citizens. It is our legislative and community responsibility to take care of our citizens. Chair Jacobs said to John Link that we need to think about creating some time for the Board to find another evening to discuss these issues because it is a significant matter. Commissioner Brown suggested that the invitation process for the October 8t" forum be wide open so that everyone is encouraged to attend. b. Community Development Block Grant Award - IDA Program The Board considered authorizing the execution of a grant agreement, funding approval form, signatory form, certification cards and a resolution for the FY 2001 Community Development Block Grant award, and considered adoption of a grant project ordinance for the award. John Link said that the County has been officially awarded a $40,000 Community Development Block Grant to assist first time homebuyers with incomes below 80°!° of median income through an Individual Development Account program. He introduced Housing and Community Development Director Tara Fikes. Tara Fikes said that this grant would be matched with $40,000 from the Board, which was committed in April to this program. They will be able to assist 20 first time homebuyers who participate in a savings program where they save at least $1,000 over an 18-month period and then the $1,000 is matched with $2,000, giving them $3,000 to put towards a down payment on a home. The Women's Center will be administering this program. Commissioner Brown said that the Social Service Board sponsored a Work First program last week. This program has worked very well for extremely low-income families that have saved money to put in their housing fund. Commissioner Carey asked if there was a waiting list and the answer was no because this is a finite program with a finite amount of money. Chair Barry Jacobs said that welfare reform was probably not the best thing, but the Wheels for Wark program and this program are some creative responses at the local level using whatever resources are available and that the County does kick in money for programs. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve: 1. Execution of the Grant Agreement; Funding Approval Form; and Signatory Form and Certification cards; 2. The adoption of the Grant Project Ordinance for this grant award; and 3. The approval of the resolution giving signatory authority to the Chair of the Board of County Commissioners. VOTE: UNANIMOUS 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve those items on the consent agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Commission for Women -Four Appointments The Board appointed Letitia Jean Burns and Angelika Langen to terms expiring June 30, 2003, Jeanette Holloman to a term expiring June 30, 2005, and Martha A. Hoylman to a term expiring June 30, 2004 Commission for Women. c. Budget Amendment #2 The Board approved a budget ordinance amendment for the County's 250th anniversary celebration and capital project ordinances far the Register of Deeds office's Automation Enhancement and Preservation Fund and Optical Imaging Records System capital project. d. Collection of Solid Waste Fees, Fines and Penalties This item was removed and placed at the end of the consent agenda far separate consideration. e. Agreement with UNC: Hospitals for hiealthy Carolinians Coordinator Funds The Board approved and authorized the Chair to sign an agreement between the Health Department and UNC Hospitals far funds to support the Healthy Carolinians Coordinator. f. Extension of EMS Transportation Contract with Orange EMS and Rescue Squad The Board renewed and authorized the Chair to sign a contract with Orange EMS and Rescue Squad, Inc. to provide transportation for EMS through December 31, 2002. g_ Contract with People's Channel for BOCC Meetings This item was removed and placed at the end of the consent agenda far separate consideration. h. Topographic Survey of McGowan Creek Preserve The Board awarded and authorized the Chair to sign a contract with Landmark Surveying, Inc., in the estimated amount of $60,000, for a topographic survey of a portion of the McGowan Creek Preserve property. i. Topographic Survey of Chapel Hill Township Park and Educational Campus The Board awarded and authorized the Chair to sign a contract to Mary E. Myers, PLS, in the estimated amount of $37,100, for a topographic survey of the property planned for the Chapel Hill Township Park and Educational Campus. L Bid Award: Landfill Compactor for Orange County Landfill The Board awarded and authorized the Chair to sign a bid for a landfill compactor for the Orange County landfill to Road Machinery, Inc. of Statesville, in the amount of $317,000. k. Amendment to HUD Cooperative Agreement for FFY 2002 The Board approved an amendment to the cooperative agreement between Orange County and the U.S. Department of Housing and Urban Development for the Partnership Initiative FY 2002. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: March 18, 2002 work session; May 21, 2002 regular meeting; May 23, 2002 budget presentation/work session; May 28, 2002 quarterly public hearing; May 30, 2002 budget public hearing; June 4, 2002 regular meeting; June 6, 2002 budget public hearing; June 11, 2002 budget work session; June 17, 2002 budget work session; and, June 18, 2002 regular meeting. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve March 18t", May 21 ~, May 30t", and June 6t" and to hold the rest until the next meeting. VOTE: UNANIMOUS d. Collection of Solid Waste Fees. Fines and Penalties The Board considered approving a resolution authorizing the Solid Waste Management Department to collect solid waste fees, fines and penalties, and to perform other enforcement activities provided for in Orange County laws and ordinances. Commissioner Brown said that she brought this up because our Solid Waste department has outstanding accounts. She wants a list of the outstanding accounts. Commissioner Carey asked if we have made any effort to collect these outstanding accounts in the past, and if so, what have we done. Solid Waste Director Gayle Wilson said that we have adopted some additional fees that we had not had in the past related to the new ordinance that was passed. There is one account for $3,000 and another one for $1,500. These accounts have been outstanding for some time. They worked out a payment plan with one of the individuals, but they have not seen him since and he has not made the first payment. Commissioner Halkiatis asked if there were people with charge accounts and Gayle Wilson said yes. Chair Jacobs asked about additional fees for being late in paying and Gayle Wilson said that there was a late fee. It is comparable to the properly tax late fee, about 1.5°~. Commissioner Brown also asked for an explanation of the policy of how to administer the late fee. Chair Jacobs would also like to knave haw long overdue the accounts are. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign a resolution allowing the County Solid Waste Management Department to perform necessary collection activities as provided in Orange County laws and ordinances. VOTE: UNANIMOUS g_ Contract with People's Channel for BOCC Meetings The Board considered renewing a contract with the People's Channel to telecast Board of County Commissioners meetings for FY 2002-2003. Commissioner Brown asked if all of the County Commissioners' meetings were shown an all of the cable stations in the area. She said that somehow Carrboro's meetings are not available for viewing in the Chapel Hill cable network. She does not understand how this works. County Attorney Geof Gledhill said that it is a franchise issue. He said that the County Commissioners' meetings were not seen in Carrboro. Chair Jacobs said that he and Commissioner Carey met with several representatives of the Triangle J Cable Consultation group and with the Chair of the Cable TV Committee. They came up with a strategy for trying to reengage Time Warner to augment what we already have and to try and get them to fulfill their obligations. One of the issues that was raised was that Carrboro could not view County Commissioners' meetings. Commissioner Halkiotis said that he hopes that the People's Channel will be around for a long time. Commissioner Brown asked if the People's Channel was willing to televise other meetings of the County Commissioners. Purchasing and Central Services Director Pam Jones said that they have always accommodated the County before on different meetings. The cost is based on a per unit basis. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to renew and authorize the Chair to sign a contract with the People's Channel to telecast Board of County Commissioners meetings for FY 2002-2003. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Scope and Timeline for Sale of 20Q1 Bonds and Alternative Financing The Board considered amending as needed and approving staff plans to pursue the first sale of voter approved 2001 general obligation bonds far the first installment of planned alternative capital financing. John Link said that they have tried to capture the comments made by the County Commissioners previously. He said that Ken Chavious has some good news about how the County can potentially save money in financing by rolling over some existing bonds with a refinancing in March as well as pursuing the proposed bond sale in March. Budget Director Donna Dean said that the proposal has asix-year plan. The $75 million band package is included as well as the $37.8 million in alternative financing that were the priority needs identified by the Capital Needs Task Force. She made reference to Table 5, the multi-colored page and said that this outlines the differences between what the Board saw in March, 2002, the last iteration from June, and then what is being proposed tonight. One of the changes is the issue dates. The proposal is that the alternative financing issue be done in December 2002 and that the first issue of the bond be done in March 2003. By issuing the alternative-financing plan earlier, we are able to take advantage of being bank qualified. This means that we issue less than $10 million in a calendar year. This allows us to take advantage of some lower interest rates. The first bond issue would be $19.1 million. Another change is the addition to the Board of Education that the Orange County Schools had proposed. Orange County Schools are exploring different alternatives for locating their Central Office Staff from the Hillsborough Elementary location and possibly relocating them at other current facilities within the district. They may not require the addition to be built. The proposal is that we postpone the $1.6 million in alternative financing, and if it were needed, then it would be issued in future years. Regarding the alternative financing plan, Donna Dean said that they were hoping that sometime very soon that the Board would determine whether this is the plan that we are going to go with. A public hearing would be needed on November 19t" and in December we would be able to go forward to the focal Government Commission for them to approve the financing plan. Regarding the bond issuance in March, Donna Dean said that the only difference is putting additional money into the Orange County Schools to begin planning for the middle school. In order to move forward with the March bond sale, a public hearing would be held in January 2003. The Board would need to approve a resolution in February, and then the bond sale would be in early March. Donna Dean made reference to the estimated impact on taxpayers for alternative financing and the bond package and said that the impact would be seven to eight cents. Next year the impact would be a little less than a penny. Commissioner Halkiotis asked what aone-cent increase yielded and Donna Dean said $924,000. Commissioner Halkiotis verified that this is going to be shared with bath superintendents. He said that he is involved in coordinating the move of the staff at the Central Office and they are going to be going to a number of different facilities. He thinks that there is more of a personal discomfort level because they are all one big family. They are going to Cedar Ridge High School, Orange High School, Cameron Park, and a mobile unit. There are some similar issues with Chapel Hill-Carrboro City Schools and both systems are going to be challenged. Commissioner Brown verified that the renovation of Hillsborough Elementary School is going to proceed. Six additional class rooms will be built in order to expand the population of the school by 100 students because there is a waiting list of people who want their children in year round elementary school. Commissioner Gordon asked about the renovations and Commissioner Halkiotis said that the air quality and bathroom problems would be taken care of and that there is going to be a complete renovation of the existing media center. Donna Dean said that the funding for this includes $900,000 in bonds and $500,000 in impact fees that the Board approved with the CIP in June. Commissioner Halkiotis said that the school board did a very deliberate plan to address health and safety issues and bringing the facility up to current standards. Chair Jacobs asked about the items the Board should address because it was now 10:15. Commissioner Carey suggested acting on the Durham Technical Satellite Campus Advisory Committee and the ABC Board appointments and then hearing the report on growth controls. Commissioner Brown would like to send the Jury Commission back for more applicants. b. Master Telecommunications Plan (MTP) (Wireless Facilities) The Board received a report and discussed the creation of a master telecommunications plan (MTP) (wireless element). Craig Benedict reviewed this plan and said that over the last year the staff has been reviewing applications and finding out what aspects of the existing ordinance need revision. In March, the County invoked asix-month moratorium, which ends September 6`". The Master Telecommunications Plan provides an opportunity for wireless facilities to occur on public property (parks, public safety areas, Sheriff's office, EMS facilities, etc.). He submitted a proposal of where sites can be located in the County. He has met with various departments and located all of the park sites within the County. Another option is locating facilities on water tanks. He said that they have contacted all of the public entities and asked them if they would like to participate in this plan. They have also asked all of the volunteer fire stations in the County and they have need for communication services also. A lot of sites have been identified and the staff is asking that the Board approve of proceeding with this general concept to identify all properties and have an actual sign-up list of people that meet the criteria. The towers would not be more than 200 feet tall on the public properties. If they needed to be more than 200 feet tall, then it would have to go through a special use permit process. Another area that is considered is voluntary agricultural districts. Some of these have been identified. The farming community is in favor of having this opportunity. Craig Benedict said that Master Telecommunications Plans throughout the country include public rights-of-way and public property. He said that if an MTP does not get adopted at all by the County, it does not harm the existing regulations that would be part of the Telecommunications Ordinance. If the MTP is adopted, the first round of new towers to be built in the County will come to the Planning Department in December of each year. Commissioner Carey asked about the one big public hearing and if it was a joint hearing and if it was the only time that a landowner could get a site approved. Craig Benedict said that the Planning Board would be notifying all people in the areas. Once the MTP is adopted, anyone can add on to it once a year. He said that there are na restrictions for putting a tower on private property, but it would require a special use permit. Commissioner Carey asked about the list of criteria and if there was a private site and voluntary agricultural site in the same vicinity. He asked what process would be used so that the County does not get accused of being biased in favor of the County site because of the revenue potential. Craig Benedict said that for a private site, there would be a special use process, and if the site were on the MTP, there would be a full public hearing process. There would be the same amount of public input for both sites. Commissioner Brown verified that the Board was to only vote on the wireless element of this plan tonight. Jahn Link made reference to page 10, number 6 and said that this is only an example. Commissioner Brown asked about number 6 and what existing material would be put there or if more material would be created. Jahn Link said that it would be whatever the Board of County Commissioners approves. Commissioner Gordon asked about the 20Q-foot limit and asked if that number could be changed. Craig Benedict said that for the MTP issue, it is up to the Board because the County would own the property. Commissioner Gordon suggested having two different tiers of towers. Chair Jacobs agreed with Commissioner Gordon and said that if we go to the public hearing with all of these sites that it might not be goad and it might be better to phase this plan in gradually. Commissioner Halkiotis agreed with Chair Jacobs. Chair Jacobs said that the Board would take another opportunity to discuss this at a later date. b.2 Report and Action on Growth Controls in Large Residential Projects The Board was to receive a report an elements associated with the implementation of growth controls in large residential projects, and consider providing direction to the County Attorney and Planning Director to prepare a special use process outline for major subdivisions. POSTPONED c. Alcoholic Beverage Control Board -Two Appointments The Board considered two appointments to the Alcoholic Beverage Control Board. Commissioner Carey nominated Leo Allison. Chair Jacobs nominated Janet Cain. This was seconded by Commissioner Halkiotis. VOTE: UNANIMOUS d. Durham Tech Satellite Campus Advisory Committee for Praarammina Needs Assessment fACPNAI-Nine Appointments The Board considered nine appointments to the Durham Tech Satellite Campus Advisory Committee for Programming Needs Assessment. A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint Sue Holloday as the representative of a large employer within the County. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Alois Callemyn as the representative from the Economic Development Commission. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to appoint Barry Phillips as the representative of a small business employer within the County. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to appoint Betty Eidener and Caleb Moore for the citizens-at-large representatives. VOTE: UNANIMOUS Commissioner Carey and Commissioner Halkiatis will serve as the County Commissioners' representatives. e. Economic Development Commission -Three Reappointments and One New Appointment The Board was to consider three reappointments and one new appointment to the Economic Development Commission. Postponed f. Jury Commission -One Appointment The Board considered one appointment to the Jury Commission. The Board decided to re-advertise for this position. g_ Little River Park Advisory Committee -Two Reappointments and One New Appointment The Board was to consider two reappointments and one new appointment to the Little River Park Advisory Committee. Postponed h. Solid Waste Advisory Board -One Appointment The Board was to consider one appointment to the Solid Waste Advisory Board. Postponed i. Human Services Advisory Commission -Two Appointments The Board considered two appointments to the Human Services Advisory Commission. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Lois Kinzie for a term expiring March 31, 2004 and Linda Tuday for a term expiring March 31, 2003. VOTE: UNANIMOUS 10. REPORTS 11 12. MINUTES 13. CLOSED SESSION A motion was made by Commissioner Brown, seconded by Commissioner Halkiatis "To consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board concerning two matters, one of which is Orange County v. the Nuclear Regulatory Commission," NCGS § 143-318.11(a)(3} at 10:50 p.m. VOTE: UNANIMOUS 14. ADJOURNMENT A motion was made by Commissioner Gordan and seconded by Commissioner Halkiotis to to adjourn the meeting at 11:30 p.m. The next scheduled meeting of the Board of County Commissioners will be a Work Session on Monday, September 9, 2002 at the Government Services Center in Hillsborough, North Carolina. Barry Jacobs, Chair Donna S. Baker Clerk to the Board