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HomeMy WebLinkAboutMinutes - 20030617APPROVED 1011/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 17, 2003 The Orange County Board of Commissioners met for regular session on Tuesday, June 17, 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below} NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks ifs citizens to conduct themselves in a respectful, courteous manner, both with the Berard and with feltaw 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 fait 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 Wert an the Printed Agenda None b. Matters an the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Cammissianer Jacobs said that the Berard took a position about the bridge aver 15-501 over New Hope Creek, asking that DOT reconsider the design so that it would better accommodate the creek and the wildlife. NCDOT did redesign the bridge as a result of the comments by the citizens and various jurisdictions. The bridge will be 300 feet tang and 10 feet high. He thinks that the statement by DOT reflected a testament to the fact that the governments in this area had made a commitment to protect New Hope Creek. Commissioner Jacobs congratulated Danner S. Baker an her one-year anniversary as Clerk to the Board. Commissioner Halkiotis said that he thought the zoning had been straightened out adjacent to the truck stop in Hillsborough, when they set up a staging area far the Wal-Mart construction across the street that is in Hillsborough's jurisdiction. He asked if this was taken care of. John Link said that they were advised that they were in violation. Commissioner Halkiotis said that this area has been turned into a construction area in the last two weeks. He is not sure that the activity on the County's side of the road is conforming to the zoning. Craig Benedict said that a violation was written and the construction trailer was removed. They noticed yesterday that they are stockpiling stuff now. There is only supposed to be an office there. The staff will continue the code enforcement there. Commissioner Halkiotis said that he thinks the construction company is from out of state and are not taking seriously the zoning requirements. He would like to throw the full legal arm of the County towards them. He is worried about the safety issues there. Commissioner Halkiotis made reference to emails from citizens complaining about speeding on St. Mary's Road. He asked if there was anything the County Commissioners could do. John Link said that the Sheriff has responded. Commissioner Halkiotis said that he saw another accident next to the rock house on Lawrence Road and US 70A. He asked that another letter be sent to NCDOT regarding this. There is something wrong here because people are not stopping at the stop sign. Commissioner Jacobs said that DOT was talking about putting in a warning light and that has not been done yet. Maybe the letter could specifically ask for that warning light. Commissioner Halkiotis asked the Chair to let he and Commissioner Jacobs schedule a meeting with DOT in July. Commissioner Halkiotis praised Commissioner Jacobs far his active engagement with other counties in electronics recycling. There was some confusion in the legislative delegation in that they did not know what the County's position was on this issue. He thanked Commissioner Jacobs for his persistence on this issue and clearing up the confusion. Commissioner Carey apologized for being late. Commissioner Gordon made reference to the 15-501 bridge over New Hope Creek and pointed out that the funds to pay for the change in design came from monies from the DurhamlChapel Hill/Carrboro Transportation Advisory Committee. Commissioner Gordon announced that there would be a Citizen's Informational Workshop on July 7th at 4-7 p.m. on the proposed extension of Elizabeth Brady Road. The workshop will be in the courtroom in Hillsborough. Commissioner Gordon said that the Triangle Transit Authority Operations and Finance Committee met and talked about the possible elimination of the Hillsborough to DurhamlDuke route. The TTA board will vote on this later this month. Commissioner Gordon said that the TTA staff recommended 14 new positions in the proposed budget, including two unallocated positions that would be filled at the discretion of the general manager. These would be used for the rail project. The majority of the committee recommended that three positions related to bus operations not be funded although Commissioner Gordon did not agree with this cut in TTA bus operations. Commissioner Gordon said that the Schools and Land Use Council met last week and there is still some concern from the Town of Carrboro about the method for issuing the CAPS. The Attorneys, Planners, school board representatives, and staff group got together and decided that it required some changes to the memorandum of understanding. These suggestions will be coming forward to the Chair of the Board of County Commissioners and the issue will be discussed in an upcoming meeting. Commissioner Gordon mentioned the CHATPEC report and map and she commended the staff for this. Commissioner Gordon made reference to the memorandum from her that she distributed. The memo is stated below: To: BOCC and Manager From: Alice Gordan Re: Funding of CHCCS High School #3 Date: June 17, 2003 Last night the BOCC approved athree-page proposal, presented by Commissioner Jacobs, to fund the third high school far the Chapel Hill-Carrboro City Schaals (CHCCS). This will be the fifth high school in Orange County. As I stated last night, there are cost statements on page 2 of this proposal that should be revised, and the purpose of this memorandum is to state those revisions. 1. "The current CHCCS proposal exceeds adopted standards by more than six million dollars, requiring $34,527 per student seat......" -Paragraph 6 Actually, the upper level of the adopted standards fora 1,000 student high school is $29,920,113 ($29,920 per student seat}. Therefore, the current CHCCS proposal exceeds the adopted standards by more than four million dollars. 2. "Even at $27.8 million, the spending per student seat for the new high school {$27,800) would virtually equal that of Cedar Ridge High School in the Orange County system ($27,900)." -Paragraph 7 Actually, according to the Orange County Schools (OCS) Capital Improvement Plan far 2003-2013, adopted 410712003, the budget for Cedar Ridge High School through 2002- 2003 was $29,678,600. This is an amount close to the upper level for the adopted high school construction standards. That amount was later reduced so that the project total now equals $28,835,000 or $28,835 per student seat. The relevant page from the OCS Capital Improvement Plan is attached. 4. COUNTY MANAGER'S REPORT John Link recognized Tom Konsler, who was named Environmental Health Supervisor of the Year for North Carolina. Environment and Resource Conservation Director Dave Stancil said that the 250`" anniversary concluding celebration would be held on Friday, September 19t" for elementary school classes and for the public on Saturday, September 20t". This will be at Blackwood Farm on New Hope Church Road. There will be a history exhibit, children's games (including vintage games}, farming demonstrations, an artisan tent, the Festival of the Autumn Moon, the Farmer's Market, etc. Economic Development Director Diane Reid said that A Taste of Orange would be at the celebration, which includes local restaurants that regularly purchase food from Orange County farmers. 5. RESOLUTIONSIPROCLAMATIONS a. Resolution to Extend Current Contract with the Animal Protection Society (APSI for Operation of the Animal Shelter The Board considered adoption of a resolution to extend the current contract with the Animal Protection Society (APS} for operating the Orange County Animal Shelter, with the funding amount subject to approval of the FY 2003-2004 budget, and authorizing the Chair to sign. Jahn Link said that the staff is asking that the Board of County Commissioners extend the present contract with APS for the operation of the animal shelter for six months - July 1, 2003 through December 31, 2003. The recommendation is based on the fact that the HSUS will have finished and presented its report to the Board of County Commissioners in late August or early September and it will take some time to review the report and proceed with a game plan after the report is digested. The one change in the recommendation for the next six months is that, based on mutual consent, we implement the recommendations from the HSUS that are directly related to the health and proper care of the animals at the present shelter. For example, in the exit interview with HSUS, they indicated some ventilation issues, and this has been corrected. Public Comment: Elliot Cramer said that, instead of answering his lawsuit, APS has charged them with slander far statements made to the Board and local newspapers in good faith. He said that APS was paying for Laura Walters to sue them. He said that the contract renewal was a public matter. He made reference to a letter from John Link to Health Director Rosemary Summers an February 3`d saying that, "We need to go ahead and provide the BOCC with an interim plan for continuing our contract on a month-by-month basis after June 30t". You might be ready to take over the shelter." He said that nothing was done about this until shortly before the May 22nd Board of Health meeting. He made reference to his Exhibit 8, which was a proposed contract. He noted that no one, except him, has ever been trespassed from the shelter in 25 years, and his was based on Laura Walters' lies in an attempt to intimidate him. He urged the County Commissioners to go back to John Link's original recommendation with the three-month extension that he and Dr. Summers recommended. He said that many statements from HSUS clearly state that HSUS does not investigate allegations in the past and Dr. Summers has made clear that she will not do this. Judith Reitman submitted a written statement. She said that the contract has serious flaws and the flaws are largely a product of collaboration of the Board of Health and APS. She said that in the contract, there is no clear line of authority to enforce measures to address problems at the shelter. The contract is governed by "mutual agreement" between the APS and the BOCC. She thinks the Board of County Commissioners should have the final word in enforcing changes at the APS. Also, the contract has no provision for reining in APS's use of trespass order and police action. She does not think the APS should have this kind of authority to resort to police action. She thinks the Board of County Commissioners should appoint a citizen advisory board as a liaison. She said that it seems that very little has been done to help animals at the shelter. James Cramer said that there are alternatives to the APS running the shelter and there are people that want to run the shelter that is not related to the APS. Chair Brown urged Mr. Cramer to speak to the contract only and referred him to the Manager. Bonnie Norwood distributed a handout. She believes that the Board of County Commissioners should not extend the current contract. She said that even amonth-by-month situation would be more tolerable because of the actions of the current APS. Jana Glotzer asked the Board not to extend the contract due to health maintenance problems. She showed a picture of a cat that she fostered that was not being taken care of or fed. She said that they must be accountable to someone. Chair Brown asked if there were any deletions from the original contract and Rorie Summers said na. She pointed out the changes as follows: Page four specifies the six-month period of time that the contract would be extended. Page five indicates that any interim measures would be mutually determined. Also, an page three, there is a date change. Geof Gledhill said that the contract could be terminated with 90 days notice. Commissioner Carey asked if there had been other recommendations from HSUS in reference to the conditions at the shelter that would be covered by the additions to the contract. Rorie Summers said that the recommendations at the HSUS exit interview were received and implemented (locking medication cabinet, reviewing euthanasia procedures with staff, exhaust fans repair, installing software, etc.). Commissioner Halkiotis verified that the email that Elliot Cramer made reference to from John Link was actually an email from John Link on February 3rd. He asked John Link what his intent was. John Link said that he meant that if there were a need in the future, the Health Director might be able to take over the shelter. He said that he expects the Board may want to consider any number of changes in the operation of the shelter. He recommends waiting on the full report from HSUS. Commissioner Halkiotis said that he does not recall any issue with such controversy as this APS issue. He suggested several years ago to look at alternatives of providing appropriate shelter for animals. He does not plan to support this contract extension. He said that a contingency plan needs to be set up for whatever the Board decides to do, and six months is not much time. He thinks we should plan on building a new facility because in 2006 the County has to be out of the old facility. He is concerned about the tight timeline. Commissioner Jacobs said that he found a contract from September 1999 and it is significantly different than this contract. He asked Rosie Summers about this. Rosie Summers said that this is simply an extension and all provisions are still in effect from 1999. Commissioner Gordon asked if it was possible to do a three or four month contract extension and have staff come up with alternative ways of doing this during the summer break. Commissioner Carey said that all of the County Commissioners have concerns about the welfare of animals. He thought the HSUS was being commissioned to study to get a more independent perspective about the future of the shelter. This includes who should be operating it. He thinks that the Board should wait until they get the report from HSUS before they develop alternative plans. Commissioner Jacobs said that the Board could ask staff to begin working on identifying likely sites and the HSUS could give recommendations on the type of structure first. He thinks that six months is a reasonable time to extend the contract and to make a decision by the last meeting in December and ask staff to make a timeline for this process. Chair Brown said that she is hearing from the Board that it would like to have the Manager be prepared as soon as the HSUS report is received, that it wants to be able to make a move very quickly. Chair Brown said that there needs to be a public meeting in September far comments on the HSUS report. She is very concerned about the continuation of this contract. She thought it would be month-by-month. She thinks that we need to respond quickly to come up with other ways of management of the shelter. She agreed with Commissioner Halkiotis and said that she would vote against this. Regarding the site selection, there were two sites brought forward. One is on Eubanks Road and Chapel Hill said that there is space near their Public Works (new} department. She expects that HSUS will came back with a state of the art design far the animal shelter. Virginia has an excellent shelter, and she suggested taking a trip to see this animal shelter. Commissioner Gordon suggested that there cannot be symbolic votes and the Board has to came up with something that will work for everybody. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to extend the current contract with the Animal Protection Society (APS) for operating the Orange County Animal Shelter, with the funding amount subject to approval of the FY 2003-2004 budget, and to authorize the Chair to sign. VOTE: Ayes, 2 (Commissioner Carey and Commissioner Jacobs); Nays, 3 (Chair Margaret Brown, Commissioner Gordon ,Commissioner Halkiotis) John Link asked the Board about the expectation for operating the animal shelter. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to move the extension of the contract until September 30t" (3 months) with amonth-to-month extension after that until December 31St VOTE: Ayes, 3 (Commissioner Jacobs, Commissioner Carey, and Commissioner Gordan}; Nays, 2 (Commissioner Halkiotis and Chair Brown) Jahn Link said that the staff is going to came back with the alternative sites that are identified and the pros and cons. The staff is also going to share with the Board what other alternatives there are to running an animal shelter in North Carolina. The staff will also come back with a timeframe from the date they receive the HSUS report and a date for a public meeting. Commissioner Jacobs said that he would like more information on the public component of the facility and how transparent the operations should be. b. Resolution in Support of Continued Regional Bus Service to Rural Orange County The Board considered a proposed resolution that would provide for the continuation of the Triangle Transit Authority {TTA} bus service from Hillsborough to DurhamlDuke Hospital, and to authorize the Chair to sign. Assistant County Manager Gwen Harvey gave an introduction to the resolutions. The resolution is a result of an action from the TTA board regarding the possible elimination of the service route from Hillsborough to Durham/Duke. The staff prepared a possible proposal that could be presented to TTA staff as to haw the service could be continued. The resolution provides the platform for these conversations. Commissioner Jacobs said that the wrong resolution was in the agenda packet. He pointed out his edited version. The lavender sheet is the correct one. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below and to fax it tomorrow morning to Michelle Dawson at TTA. Orange County Board of Commissioners RESOLUTION In Support of "Triangle Transit Authority's Continued Regional Bus Service to Rural Orange County" WHEREAS, according to the latest population figures, more than 52,OQ0 persons reside in Orange County outside the Chapel Hill/Carrboro city limits, representing 46% of the county population, with these numbers expected to rise at a rate of 2.5°~ per year; and WHEREAS, the Orange County Board of Commissioners strives to provide the residents of Orange County outside the Chapel Hill/Carrboro city limits with access to needed services and opportunities to access transit programs inside and beyond the county; and WHEREAS, the Orange County Board of Commissioners established the Orange Public Transportation {OPT} to serve the rural residents of the county with para-transit and public mobility services, and are in the process of updating the Community Transportation Improvement Plan; and WHEREAS, the Orange County Board of Commissioners supported the creation of the Triangle Transit Authority (TTA) to improve regional transportation far all of Durham County, Orange County, and Wake County, and has appointed a Commissioner to represent Orange County an the TTA Board of Trustees, and WHEREAS, the Orange County Board of Commissioners also supported the collection of a $5.00 annual vehicle registration tax from county residents to support regional transit service, as well as a rental vehicle tax to support public transit in the region, and WHEREAS, the Orange County Board of Commissioners supported a Triangle Transit Authority route to connect Hillsborough to DurhamtDuke in August 2001 and opposes the elimination of this route by TTA, and WHEREAS, the Orange County Board of Commissioners believes that the goals of regional service equity, improved route performance, and increased interagency planning and coordination can all be achieved by allowing sufficient time for evaluation by TTA and OPT of the potential for reconfiguration of the Hillsborough to Durham/Duke route, and the possible operation of a Hillsborough to Chapel HiIllCarrboro route, currently being operated by OPT but seen as a regional responsibility of TTA, and WHEREAS, the Orange County Board of Commissioners supports the goal of continuing provision of rural transit services by TTA and wishes to promote the benefits that could be derived as part of an overall regional strategy, by urging TTA to enter into discussion with OPT concerning the operation of the Hillsborough to Durhaml Duke route as well as the Hillsborough to Chapel Hill/Carrboro route. NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF COMMISSIONERS reaffirms support for the mission of Triangle Transit Authority to provide regional transportation services, including continuing regional transit service in Orange County, and requests the fallowing: That the Hillsborough-Durham/Duke route not be eliminated; That the TTA staff work with OPT to figure out potential arrangements by which TTA could improve regional access far Hillsborough residents in a mare cast effective manner. This could include TTA contracting with OPT to run additional services that would feed TTA routes in Chapel Hill; That as part of the discussions between TTA and OPT, there be an opportunity to pursue development of a contract between TTA and OPT to continue and enhance the quality and viability of rural transit service in Orange County, following the general constructs of a proposal which will be forthcoming from OPT after consultation with the Orange County Board of Commissioners. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS 7. PUBLIC HEARINGS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis 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. Appointments 1. Adult Care Home Community Advisory Committee The Board reappointed Florence G. Soltys and Cherie Rosemond to the Adult Care Home Community Advisory Board, bath for first full two-year terms to expire June 30, 2005. 2. Board of Health This item was removed and placed at the end of the consent agenda for separate consideration. 3. Joint Orange Chatham Community Action Agency The Board reappointed Don Willhoit to a second term on JOCCA, with a term to expire June 30, 2007. 4. Orange County Board of Adjustment This item was removed and placed at the end of the consent agenda for separate consideration. v. Solid Waste Advisory Board The Board reappointed Bonnie Norwood to a first full three-year term to the Solid Waste Advisory Board, with a term to expire June 30, 2006. 6. Visitors Bureau of Chapel HilllOrange County The Board reappointed Sam Hobgood, Anne Loeb, and Bill Crowther, to the Chapel HilllOrange County Visitor's Bureau, with terms to expire December 31, 2005. 7. Workforce Development Board The Board reappointed Phyllis West, Nancy Colton, Dianne Reid, and Keith A. Norwood to the Workforce Development Board -Regional Partnership, with terms to expire June 30, 2006. c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 66 requests for motor vehicle property tax refunds, requested in accordance with N.C. General Statutes. d. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to two (2) requests far property tax refunds, in accordance with the N.C. General Statute 105-381. e. Property Tax Release The Board adapted a resolution, which is incorporated by reference, to release property values related to two (2) requests for property tax release, in accordance with N.C. General Statute 105-381. f. Application for Property Tax Exemption The Board denied an untimely application far granting exempt status from ad valorem taxation far the 2002 tax year. g_ County Commissioners' Compensation -Salary Adjustment and Health Insurance Continuation Policies The Board adopted the Board's policy on "Commissioners' Salary Adjustments" and "County Contribution far Commissioners Benefits" as shown in Attachments 1 and 2 effective July 1, 2003 and directed staff to incorporate the specific amounts in the Budget Ordinance far 2003-2004. h. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by changing the date of the Joint Meeting of the Board of Commissioners and the Schaal Boards from September 22, 2003 to September 29, 2003 at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North Carolina. i. Legal Services Contract - Department of Social Services The Board accepted the Social Services Board recommendation and approved and authorized the Chair to sign the contract for legal representation for the Department of Social Services with Northern Blue, LLP for fiscal year 2003-2004. L Contract with Center for Employment Training The Board accepted the Social Services Board recommendation and renewed and authorized the Chair to sign the contract with the Center far Employment and Training. k. Contract with Employment Security Commission The Board accepted the Social Services Board's recommendation and approved and authorized the Chair to sign the contract to continue with Employment Security for services to Work First clients and other residents at the Skills DevelopmentlJobLink Center. I. Contract with Orange Enterprises The Board accepted the recommendation of the Social Services Board and approved continuation of and authorized the Chair to sign the contract with Orange Enterprises, for $25,000 in Fiscal Year 2003-2004, for services to Work First clients with significant barriers. m. Contract with UNC Hospitals The Board accepted the Social Services Board recommendation and approved and authorized the Chair to sign the contract for income maintenance staff at UNC Hospitals. n. Contract for Faith Community Coordinator The Board accepted the recommendation of the Social Services Board and approved the continuation of and authorized the Chair to sign a contract with Morgan and Associates for the development of partnerships with various faith communities focusing on improved job retention for Work First participants. o. Contracts for Adolescent Parenting Services The Board accepted the Social Services Board recommendation and approved and authorized the Chair to sign the contract with each school system to provide specialized services to pregnant and parenting teens. ~ Contract Renewal for Pharmacy Services for Health Department The Board approved and authorized the Chair to sign the contract renewal for pharmacy services for the Health Department, pending the approval of the 2003- 2004 budget and the County Attorney's review. g_ Contract Renewal with UNC Family Medicine and Health Department The Board approved and authorized the Chair to sign the contract renewal with UNC Family Medicine and Health Department for Physician Services; pending approval of the FY 2003-2004 budget and the County Attorney's review. r. Agreement Renewal with UNC School of Dentistry for Pediatric Dental Resident Services for Health Department The Board approved and authorized the Chair to sign the renewal of the agreement with the UNC School of Dentistry for pediatric dental residents for the Health Department, subject to the approval of the 2003-2004 budget. s. Designation of Applicants Agent for the 2003 Hazard Mitigation Grant Application The Board designated the County Manager as Orange County' agent far the purposes of submitting a Hazard Mitigation grant to the state. t. Exemption for Topographic Survey -Northern Human Services Center Park The Board exempted the County from the provisions of G.S. 143, Article 3D in order to expedite survey work needed for the preliminary site analysis for Northern Human Services Center Park. u. Electrical Easement for Norfolk-Southern Railway Signal Light This item was removed and placed at the end of the consent agenda for separate consideration. v. Resolutions Adopting North Carolina Risk Management Pool Revised Interlocal Agreements The Board approved the revised interlocal agreements for Property and Liability insurance coverage and Worker's Compensation insurance coverage through the North Carolina Association of County Commissioners; authorized the Chair to sign on behalf of the Board; and confirmed the authorization of the Purchasing and Central Services Director to execute documents related to renewal of coverages each year. w. Rain Barrel Sales This item was removed and placed at the end of the consent agenda for separate consideration. x. Budget Amendment #13 This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: April 29, 2003- continuation meeting; and April 29, 2003-Assembly of Governments meeting. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the April 29, 2003 -continuation meeting and delay decision on the Assembly of Governments meeting until the next meeting. VOTE: UNANIMOUS b. Appointments Orange County Board of Health Chair Brown said that she just noticed that there are three terms that expire this year and there is one board member who has been on for 12 years. She asked the Health Director about this. Rosemary Summers said that they are asking for reappointment for two of the members whose terms are expiring. The third vacancy is Dr. Adler, and his replacement is an the decision agenda. They are advertising for another physician. Chair Margaret Brown suggested working with the Clerk to identify the ones that have filled two terms and start advertising far them. A motion was made by Chair Brawn, seconded by Commissioner Jacobs to appoint Alice White and Alan E. Rimer to second terms, with term expiration dates of June 30, 2006. VOTE: UNANIMOUS Orange County Board of Adjustment The Board considered the reappointment of two members to the Orange County Board of Adjustment. Commissioner Jacobs said that he would like to make sure that there is a legal presence at Board of Adjustment meetings. He thinks the Board of Adjustment should have an opportunity to comment on the Telecommunication Tower Ordinance and plan because this board has the most direct experience in this. The Board agreed to da this. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Karen Barrows and Sharlene Pilkey each to a second term to expire June 30, 2006. VOTE: UNANIMOUS u. Electrical Easement for Norfolk-Southern Railway Signal Light The Board considered approval of an electrical {Duke Power) utility easement for an overhead power line necessary to serve aNorfolk-Southern Railway signal light; and to authorize the Manager to execute an easement agreement subject to County staff, the building contractor and Duke Power agreeing on: 1) a suitable easement routing that avoids damaging or cutting existing trees and 2) satisfactory {ta the County Attorney) easement documents. Commissioner Gordon made reference to page five and how much this easement might infringe on County property. She asked the Manager about this. John Link said that he expressed the concern to the staff and Kevin Lindley, Engineering Specialist, responded. Kevin Lindley said that according to Duke Power's policies, they require right-of-way to run this line and the location as proposed would do the least amount of damage and would be the most economical. Commissioner Jacobs said that it seems that it is preferable to have lines buried. He asked Kevin Lindley why it needed to be an overhead line. Kevin Lindley said that the overhead line was more economical far Norfolk Southern and Duke Power. Commissioner Jacobs said that he did not want power lines in his yard and he would not want an overhead line here. If it is not a cost to the County, then it seems to beano lose situation far the County to have it buried. Commissioner Halkiotis said that he plans to vote against this. He thinks it is extraordinary that we are being asked to sacrifice for two giants -Duke Power and Norfolk Southern Railroad. He cannot do this in good conscience. He is offended that Duke Power referred the County to the policy manual. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to table this and ask Duke Power to come and make a presentation to the staff and, if necessary, to the Board of County Commissioners, and say that the County would prefer to have the power lines underground. Commissioner Carey asked if Duke Power was asked to bury the line and Kevin Lindley said that the response was the underground burial four-page provision code. It does not seem like there is a provision that would prevent them from burying it. Jahn Link said that staff would write a letter to Duke Power about this issue. VOTE: Ayes, 4; Nay, 1 {Commissioner Halkiotis) w. Rain Barrel Sales The Board considered options for the sale of rain barrels. Commissioner Jacobs said that he asked the people at Growth Smart about the price for the rain barrels with the County and Growth Smart is selling them for less. He encouraged people to use a private vendor if needed for the rain barrels to catch rainwater. Commissioner Halkiotis said that this is a wonderful opportunity to "shop Orange". He suggested bringing one of the barrels to the next meeting to show to the citizens. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to endorse the sale of rain barrels in the manner prescribed in the agenda abstract. VOTE: UNANIMOUS x. Budget Amendment #13 The Board considered approving the budget ordinance amendments for fiscal year 2002-2003. Commissioner Gordon made reference to paragraph two and the Discretionary Rural General Public Program in the amount of $116,184 and the three new services -hourly Orange Express routes, midday routes that complement TTA's Hillsborough to Durham commute bus service, and a Hillsborough inter-city bus route that will connect with service to Durham and Chapel Hill. She suggested a written report in the next week to tell what those three new services would involve and how to interface with TTA. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the budget ordinance with the provision that the Department of Aging/OPT staff provide a report within one week on the Rural General Public Program funds and the three new services. Commissioner Jacobs made a spelling correction of the word "complement" on the second page, the second bullet. VOTE: UNANIMOUS Commissioner Jacobs said that it would seem that we are getting money from the State for planning and this should be included in the fax to TTA to shave them that we are already building a transportation system with State money around the services that TTA is providing and it is another demonstration that we are counting an this service. Commissioner Gordon said that she does not know how they would interpret it and she would rather have the report to take with her to TTA. 9. ITEMS FOR DECISION -REGULAR AGENDA a. Housing Bond Program The Board considered awarding funding to affordable housing band projects and authorizing the Manager to issue a Letter of Commitment to each funded agency detailing the conditions of the award. Housing and Community Development Director Tara Fikes said that on May 20`", the Board approved bond funding for EmPawerment, Inc. and Habitat for Humanity and asked that County staff work with OPC Foundation and Affordable Rentals to correct application deficiencies and also asked staff to obtain additional information regarding the supportive services plan contained in the Weaver Community Housing Association application. The County staff has received the additional information, which has been reviewed and provided to the Board. OPC Foundation was not able to provide evidence of a financial commitment for the non-bond funds of the project. The staff recommends that, if the Board decides to award funding to this project, that they require that the foundation provide a letter of financial commitment. There is approximately $780,000 available far award at this time. The remaining requests total $894,000. Commissioner Gordon made reference to the staff recommendation of requiring a financial commitment and asked what the policy says. Tara Fikes said that the letter of financial commitment does give more points, and it is a very critical part of the policy in that you need to be able to show that you are able to carry out the project. The project will not get kicked out without the letter. Commissioner Carey said that someone gave him an evaluation summary for three projects, but it did not include the scores for the other two -Affordable Rentals and OPC Foundation. Tara Fikes said that the committee originally decided not to score the two applications because of the deficiencies. Chair Brown asked if there is a time when the money has to be applied to the project and if it were not used, then it would revert to the County. Tara Fikes said that there are time requirements, but she will have to look back at the policy. Commissioner Jacobs asked about the units that Affordable Rentals want to purchase in Carrboro. He asked if there were HOME funds allocated to Carrboro far purchase of the same units. Tara Fikes said yes, but those funds could be used anywhere in Carrboro. The properties would be purchased and resold to first-time homebuyers. This is different from the proposal from Affordable Rentals. Public Comment: Nancy Milio was on the Affordable Housing Task Force. She said that one of the findings was the deficit in affordable rentals. Another recommendation that came out of the report was to find ways to develop public/private partnerships in financing affordable housing units. Three of the members on the task force decided to directly respond to the report, and they incorporated Affordable Rentals, Inc. She is Chair of the board. They have focused solely on sustainable affordable rentals for families whose incomes are between 30-50% of the area median income. They have raised $15,000 in donations and have obtained a grant from Z. Smith Reynolds, which enabled them to open an office under EmPowerment's ownership and hire apart-time Executive Director, Alex Asben. In these months they have obtained private and public loans and a CDBG grant and two HOME loans. In the application for the band funds, they are asking for $364,000 for an additional 13two-bedroom apartments in Abbey Court. They plan to do additional rehabilitation to these units. She spoke about their relations with EmPawerment, Habitat far Humanity, and the InterFaith Council. She said that they have built their capacity in a short period of time and she asked the County Commissioners to approve their proposal so they can provide good quality affordable housing for low-income citizens. Regina Dyson is a resident of Cedar Rock Cooperative Apartment complex, a project of the Weaver Community Housing Association. She asked for funding to support the sustainability of this project. She said that she is a single mother of two in anon-profit professional organization. She said that this apartment complex enables and empowers her to secure a safe and comfortable quality home environment for herself and her two children. She said that she and her children feel welcomed, supported, and empowered due to the diversity of the Carrboro community and Orange County at large. She said that she was laid off in April from afull-time position, working with anon-profit organization that advocates for family farmers in rural communities. If it were not for this community, they would be a homeless family. She thanked the people facilitating this effort. Liz Evans said that she is a limited equity owner. She spoke in support of cooperative housing. Mark Chilton spoke about OPC's application. He said that they renew their request with respect to the $260,000 towards this special needs project. He also serves as treasurer of Weaver Community Housing Association's board. He said that this is an interesting model that would serve the community well. He said that there are four single mothers that would be living in this development out of six apartments. Nicole Hitchcock is a resident of Cedar Rack Apartments. She is a single mother. She spoke on behalf of Jeremiah Russenfeld who was unable to attend the meeting. She read a prepared statement. In summary, he spoke about the positive impact of Cedar Rock Apartments. He is a public school teacher. The letter mentioned activities that the school community and the community at-large could participate in such as cleanups, gardens, composting, educational workshops, stage shows, organized trips to farmer's market, and a lending library. Crystal Fisher gave some reasons for supporting the Cedar Ridge Co-ap. She said that WCHA's proposal to make Cedar Ridge a cooperative is a very effective method of creating a village. She will work with her neighbors to instill positive changes and additions to the Carrboro community. She is personally working on implementing a family resource center. She said that they are looking to create a familial setting in which they can invite people from the surrounding area to join them, teach them, and learn from them. This is a unique opportunity for everyone to grow. She asked far support for this project. Commissioner Gordon asked Tara Fikes about the dollar amounts associated with the different categories. Tara Fikes said that the advisory board initially recommended $260,000 under the homeownership category, $260,000 under the special use category, and $520,000 under the non-special needs rentals. Tara Fikes addressed Chair Brown's question from before and said that far projects with existing housing, there is a requirement that the project be completed within three years. For new construction, the projects must begin in three years. All of the three proposals under consideration tonight are existing housing. Commissioner Halkiotis asked Mark Chilton how Weaver Community Housing got its name. Mark Chilton said that it was a cooperative effort and they received some support from Weaver Street Market. It is partly in recognition of this, and Weaver Street Market gave an initial grant of $5,000. Chair Brown asked if the three properties were paying property taxes and Tara Fikes said yes, by a private owner. If they become co-ops, they will be pulled off of property tax rolls. A motion was made by Chair Brown to fund all three of the projects in the amounts that will give a little money left over for a second phase as follows - $200,000 for OPC Foundation; $300,000 far Affordable Rentals; and $10,000 for Weaver Community Housing. Chair Brown made reference to Weaver Community Housing and said that she would like to see a track record of how the community housing association will incorporate into its objectives over the next couple of years the special needs piece. She said that this was part of the application. There was no second. The motion died for lack of a second. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to allocate $260,000 to C?PC; $300,000 to Affordable Rentals; and $220,000 to Weaver Community Housing. Commissioner Jacobs said that the $260,000 is the amount that was set aside for the special needs and the cuts from the full requests of the other two are based on a percentage cut, so they are reduced by the same percentage. Commissioner Halkiotis said that he would like to do more for Weaver Community Housing than Chair Brown but less than what Commissioner Jacobs proposed. He would like additional time to meet with them and to learn mare about it because it is a new concept. He was confused because he thought he was being asked to subsidize housing far employees of Weaver Street Market. Commissioner Carey said that they all have questions about the Weaver Community Housing project, and there is no doubt that they need opportunities for public/private partnerships, especially for special needs. He thinks it is worth the risk to mobilize people with this kind of vision and have the ability to address the critical need for affordable housing. He thinks this will achieve the goal of long-term affordability. Commissioner Jacobs said that he respects Commissioner Halkiotis' concerns, because some of the issues were unclear and now there is clarity and he agrees with Commissioner Carey. Chair Brown asked Commissioner Jacobs to modify the motion and vote on each project individually. Commissioner Jacobs preferred to leave the motion as is. Commissioner Gordon said that the motion should include the staff recommendation that if money is awarded to OPC Foundation, then the Foundation must provide a letter of financial commitment before entering into a development agreement with the County. Commissioner Jacobs agreed with this. VOTE: Ayes, 4; No, 1 (Chair Brawn said that she would have supported OPC and Affordable Rentals. She feels strongly that the County bond money is there for the expectation of having a very specific public purpose. She thinks the Weaver Community Housing is a wonderful idea, but there are no units set aside far special needs.} b. Personnel Ordinance Revision -Drug and Alcohol Testing The Board received a report on possible revisions to the Orange County Personnel Ordinance to update the policy covering employee drug and alcohol testing and to implement the Board's direction as to handling positive drug and alcohol tests. Personnel Director Elaine Holmes said that the purpose of this item is to consider revisions to the County's personnel ordinance covering drug and alcohol testing, and to receive any comment or direction from the Board. Because the County is a federal contractor, it is covered by the Drug Free Workplace Act of 1988, which requires that the County maintain a drug free workplace. The County is also covered by the Transportation Employee Testing Act of 1991. She gave reasons the County has a drug free workplace policy. The County's written policy gives advance notice to employees of the policy and the drug and alcohol testing requirements. There are also strict guidelines far the administration of the test. The revision of the policy is a result of a request from the Board of County Commissioners to look at positive alcohol tests the same as for a positive drug test; and also that dismissal not be the only option. The other reason is to reflect updated federal regulations covering transportation related functions. As written, the policy provides the same handling for a positive alcohol test as far a positive drug test. In the case of a positive test, it provides that the employee is subject to disciplinary action, which may include dismissal, under the discretion of the Manager. If the employee were allowed to stay, it would be done under the terms of a written Return to Duty Agreement. The employee will be dismissed if a follow-up test is positive. Commissioner Jacobs asked haw the County treated medical records and who could request them. Elaine Holmes said that medical retards are kept separately and in a locked location, only accessible by certain employees. John Link said that the County does not keep medical records on any employee. It would be a rare occasion to have a medical record in a personnel file. Commissioner Jacobs made reference to page 16 - 11.1 Q.7 and read, "Records will be released if requested by a federal, state, or local safety agency with regulatory authority over Orange County or any of its employees." He said that this seems inclusive and vague at the same time. Elaine Holmes said that this is a requirement under NCDOT. She cannot recall such a request in the past, but it is a requirement. She would consult with the County Attorney before giving this type of information. Commissioner Gordon made reference to page 13 and said that the waiting period has been completely eliminated. She asked why there was not some waiting period. Elaine Holmes said that they eliminated this because of the Americans with Disabilities Act that the County cannot create a barrier to employment because of past alcoholism or drug abuse. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt the draft policy with a July 1, 2003 effective date. VOTE:; UNANIMOUS c. Outdoor Liclhtinc~ Standards The Board considered closing the Public Hearing and making a decision regarding the adoption of the Outdoor Lighting Standards amendment to the Zoning Ordinance. Planning Director Craig Benedict said that this amendment would enable the County to have standards far new development for lighting in the County. There were many comments at the public hearing. There were three areas that were difficult to consider in the administration recommendation. These areas had to do with requiring amortization for existing single-family homes; holiday decorations (Planning Board recommends setting time limits on holiday lights); and another amortization system for existing commercial, industrial, churches, and governmental buildings. They propose not having it in the ordinance at this time, but just beginning a public education campaign for residential and non-residential existing properties to discuss the benefits of changing the lights out over a period of time. Craig Benedict said that Duke Power requested that the County not prohibit mercury vapor lights, but it is still recommended to be prohibited because it is the least energy- conserving fixture. Commissioner Jacobs asked that governmental flags be defined. Commissioner Jacobs referred to the issue that is addressed in 6.31.11 and said that he thinks there should be some statement regarding unnecessary lighting that is not due to security and that this should be discouraged. If the point is to bring attention to the building, it is wasteful. Commissioner Jacobs said that he understands not wanting to get into the single- family retrofitting business, but he would still like to have a conversation with the power companies where we do encourage the power companies to work with people to put in shielded lighting. Craig Benedict said that they have pursued this and they are getting favorable response from the power companies. Commissioner Gordan made reference to page 7, applicability, and that item B says that all outdoor lighting fixtures are to be amortized within 10 years. Craig Benedict said that item B should have been pulled out. Commissioner Jacobs asked where subdivision signs were regulated in the document. Craig Benedict pointed out page 9 under general standards. Commissioner Jacobs said that he is concerned that it is not really addressed specifically. Geof Gledhill said it could be a condition of approval to not permit lighted signs in subdivisions as part of the subdivision review process. Craig Benedict answered several clarifying questions. In answer to a question from Chair Brown, Geof Gledhill said that new lighting fixtures on existing homes after this ordinance is adopted would have to comply with these requirements. Commissioner Halkiotis asked who is going to police this and Geof Gledhill said that it will be caught or not in the building permitting process. Commissioner Gordon said that the staff should look this over again just to be sure that nothing was left out or kept in that should have been left out. The Board agreed to table this item to the next meeting as a consent item. d. Aaoointments {1) Adult Care Home Community Advisory Committee The Board will consider the appointment of two (2) members to the Adult Care Home Community Advisory Committee. {2) Board of Health The Board will cansider one appointment to the Board of Health. (3} Personnel Hearing Board The Board will consider the appointment of ane member to the Personnel Hearing Board. {4) Visitors Bureau of Chapel HilllOrange County The Board will consider making two (2) appointments to the Chapel HilllOrange County Visitor's Bureau. DEFERRED 10. REPORTS a. Non-Planning Reports (1 } Chapel Hill Township Park and Educational Campus -Status Report The Board will receive a status report on the Chapel Hill Township Park and Educational Campus project. {2) Latina Services Roundtable Report The Board will receive information obtained from the Latino Services Roundtable discussion. DEFERRED 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT A matian was made by Commissioner Halkiotis, seconded by Cammissianer Jacobs to adjourn the meeting at 10:35 p.m. UOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board