HomeMy WebLinkAboutMinutes - 20030626APPROVED 10121/2003
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 26, 2003
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Thursday, June 26,
2003 at 7:30 p.m. in the Southern Human Services Center, Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brawn, Moses Carey, Jr.,
Alice M. Gordan (arrived at 7:40), Stephen Halkiotis, and Barry Jacobs
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. 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. ALL RECORDINGS OF THE MEETING WILL BE
KEPT FOR 5 YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
Chair Brown announced that this was the last meeting of the fiscal year and the Board of
County Commissioners would go into recess until August 18`"
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 fhe meeting until
that individual regains personal control. Should decorum fai! 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
Jahn Wilner, Director of Children and Family Programs at the Carrbara ArtsCenter,
spoke about the arts community that exists in this area. He said that one of the reasons he
moved here is because of the ArtsCenter. Last year the ArtsCenter served well over 50,000
patrons, the vast majority of them children. This past January they started the after school arts
immersion program. This has been recognized by the National Endowment of the Arts. He
reviewed their past and future programs. They were recently invited by the Chapel HiIIlCarrboro
City Schools to be a partner in a potential grant from the U. S. Department of Education of
approximately $750,000 over athree-year period to infuse arts into the core curriculum of the
schools and to study the success of such programs. They have established a partnership with
the University Center for International Studies. Their most recent partnership is with ARC. He
asked the Board to please keep the ArtsCenter in the budget for this year.
Tim Nichols is from the Stoneybrook Homeowner's Association. He made
reference to item 8-m relating to zoning regulation enforcement procedures. They live on the
banks of Morgan Creek and there has been an illegal dump there for a period of time. He
understands that item 8-m will give the County staff the authority to give the stop order to the
illegal dumping. They are representing the homeowner's association in support of this. He
distributed pictures of the dumpsite.
Jim Dingfelder reemphasized what Mr. Nichols said about the dumpsite. He said
that they have only been aware of this dump in the last two or three years. He urged the Board
to take whatever measures possible to end the dumping.
Chair Brawn asked if the access to the dump area was in their subdivision and Mr.
Dingfelder said that it is on Hatch Road.
Commissioner Halkiotis asked about some of the debris at the dump and Mr.
Dingfelder said that there are rumors that the landowners are hostile and armed, so the
residents are afraid to approach the site. He said that it is clear that there is a lot of construction
debris and he has seen dump trucks on Hatch Road going into the area loaded with
construction debris.
Commissioner Halkiotis asked to have the Sheriff work with the inspection staff to
see what is going on here.
Planning Director Craig Benedict said that the code enforcement staff is aware of
this and they will be bringing it before the BOCC for civil penalties. He said that this should be
addressed very strictly.
Commissioner Halkiotis said that this did come to the Board's attention three years
ago and he asked why this process has taken so long. He asked if the County Attorney could
get involved in this also.
Chair Brown said that item 8-m would be addressing this issue.
Ann Pedersen is a member of the APS Board of Directors. She said that they were
surprised and concerned that the Board of County Commissioners only extended the contract
for 90 days with a month-to-month renewal. They met after that to consider the ramifications of
this. The APS Board hopes that the Board of County Commissioners will reconsider this
decision. She read from a prepared statement, which is incorporated by reference. She said
that it would be difficult to operate when they do not know if they will be operating a shelter in
the next months. They need to think now about their future and the possibility of APS and
Orange County going their separate ways. They may need to make some changes. There are
several programs that they provide to the County at entirely their expense. One is the
Emergency Animal Rescue program, which costs them $30,000 a year and an additional
$24,000 in equipment. If APS cannot provide this service, the calls will go to the Sheriff's
Department or the Police. She said that they couldn't continue to provide services and plan for
their own future with only athree-month guaranteed contract. The six month contract as
recommended by the staff would have allowed all of the parties to sit down and look at the
recommendations and use the additional three months to make plans. She commended the
Board far creating the Shelter Design and Implementation Committee and said that work needs
to begin an designing a new shelter. She said that, despite all of the problems with the decision
of the Board of County Commissioners, the APS Board of Directors voted to accept the
contract. They are asking the Board of County Commissioners to reconsider the six month
contract so they can move forward together in a rational manner.
Matters on the Printed Agenda
{These matters were considered when the Board addressed that item on the
agenda below.)
3. BOARD COMMENTS
Commissioner Carey said that he has received calls from members of the APS board in
reference to the decision that was made last week. He understands the impact the decision of
the Board of County Commissioners had on the APS, but he did not have in mind the impact
that their decision would have on the APS board and their ability to raise funds or to hire staff.
He was thinking more that this Board needed mare time after the report to decide what to do.
He is concerned that their decision may have a detrimental affect on the APS board and he
encouraged the Board to reconsider this month-to-month contract. He is concerned about the
staff and funding of the APS.
Commissioner Gordon made reference to the handouts regarding TTA. She said that
last Friday there was a meeting with TTA staff and OPT staff, which went very well. The
General Manager of TTA was willing to recommend to the TTA Board that the Hillsborough to
Durham service not be eliminated until they could come up with an alternate service. However,
at the meeting on June 25t", the TTA Board of Trustees voted to eliminate the Hillsborough to
Durham/Duke route and delete $67,000, (which would have funded a bus operator) from the
fiscal year 2003-2004 budget, despite the resolution from Orange County. The TTA Board did
authorize the General Manager to work with OPT to provide necessary service sometime in the
future. The earliest that new service could begin would be the end of 2003 ar the beginning of
2004. The Manager was willing to leave the money in the budget, but the board was not. She
said that the opposition was led by the board members from Wake County. The representative
from Chapel Hill was not there, and one Durham representative was not there. After the TTA
Board concluded the deliberations, she made a statement as follows: "Given the resolution
from the Orange County Board of Commissioners concerning service to Hillsborough; given the
work done by TTA staff and Orange Public Transportation staff to address this service; given
the recommendation of the TTA General Manager to work with Orange County and in the
meantime leave $67,000 available in the budget to cover service to Hillsborough and Orange
County; given that $67,000 is less than '/ of 1 °10 of the TTA operating budget as defined as the
five funds in the budget ordinance for fiscal year 2003-2004; therefore I, as a representative
from Orange County and speaking on behalf of Orange County: 1} consider the actions by the
TTA Board of Trustees to be harsh and insensitive to the needs of Orange County; and 2}
sincerely hope that the TTA Board of Trustees will act expeditiously to provide service to
Hillsborough and the surrounding areas of Orange County as soon as possible."
Commissioner Gordon made reference to the lavender sheet and said that there had
been a recommendation to the General Manager for information related to service hours and
revenues by the County. She said that TTA is very rail oriented and many of the revenues go to
the regional rail project. She said that she was very disappointed in the budget because they
cut three bus positions, two bus operators, and one maintenance clerk, but they approved two
unallocated positions to be used for the rail project. She is the Treasurer of the TTA and
worked on the budget, and she was the only vote against the budget. She asked the staff to
take the TTA materials and develop a resolution to send forward after the break.
Commissioner Halkiotis said that the National Association of Counties 2003
Achievement Award winner was presented to Orange County for its program -Child Health
Awareness. This is a program under the leadership of Health Director Rosemary Summers and
her staff who empowered a group of Hispanic mothers and put together the picture books
pointing out household hazardous materials, etc. This program did not achieve additional
funding from the partnership, but the County took corrective action to be sure that it would
continue.
Commissioner Halkiotis said that he is concerned about the burned out nursing home
on Mt. Sinai Road. This building burned out eight years ago and it is an eyesore and a safety
issue. He asked about the status. John Link said that he and Craig Benedict have talked about
this and there was a series of steps offered to the owner and it is another zoning issue where
the owner had so much time to respond. Craig Benedict said that they have taken them to the
state building code court for demolition of the structure. They have received a permit from the
State for asbestos abatement, which is a precursor to demolition of the building. Craig Benedict
said that they are close to having this contract awarded to demolish this building.
Commissioner Halkiotis said that on the news this evening there was a regional
meeting on initiatives on polluted air. He asked if anyone was invited to go to this. He said that
the reporter said that one of the objectives was long-term growth management.
Commissioner Halkiotis said that he had the honor of judging barbecue at Hillsborough
Hog Day. He said that two of the judges that were born in North Carolina chose the same
winner as he did.
Commissioner Jacobs thanked the staff far helping the Board get through the budget
process. He thinks the County did a good job of trying to keep the impact of taxes to a minimum
while still maintaining programs. He thinks we all regret that we could not da mare.
Commissioner Jacobs said that he attended a meeting of the Needs Assessment
Advisory Committee for the Durham Tech satellite campus. He thanked everyone that attended
and gave suggestions.
Commissioner Jacobs said that he attended aDurham-Chapel Hill-Orange Work Group
meeting recently and there was an item on the agenda -the preliminary agreement for review
with Durham City regarding I-85/US 70 area where there is an economic development district.
They talked about having at the next meeting on September 10t" a review of open space issues
with Durham County and City, Chapel Hill, and Orange County. Environment and Resource
Conservation Director David Stancil is working on setting up another meeting. The goal is to
have a more collaborative formalized relationship.
Commissioner Jacobs said to make sure that the congratulations letter that was sent to
Progress Energy was also sent to newspapers regarding the Shearon Harris Nuclear Plant.
Commissioner Jacobs said that Orange County received another award from NACO for
the website for Orange County farms. The website is www.oranc~ecountyfarms.org. More
participation is needed to make it a success.
Commissioner Jacobs said if the Board was to reconsider the APS contract it would be
a question of the three that voted in the majority. His sense is that he was not trying to send
anyone a message. He felt like the deliberations were an attempt to take an action. He still
awaits a report from staff and HSUS. He does not have a firm opinion one way or another. He
appreciated what Ms. Peterson said and that they will continue with the animals. He urged
people to not take any deep messages but to go about their business to the best of their ability
and that they should expect the Board of County Commissioners to act on goad faith.
Commissioner Carey said that he did not believe that any of the Board members were
trying to send messages to the shelter. He said that he would wait until the HSUS report was
received before he makes a decision. He said that it was unlikely that anything would be
implemented before December because of everything that has to be done to make it work
properly. He asked the Board to add to the agenda as item 9-a, a reconsideration of the
decision about the three month contract and month to month thereafter and to reconsider a six
month contract. He made this in the form of a motion.
Chair Brown said that she would need Geof Gledhill's advice on this.
Geof Gledhill said that to reconsider the previous decision, those who voted for the
three-month contract would have to suggest it and it would have to be approved. Alternatively,
the Board could vote without reconsidering the prior action to amend the contract to change the
term, which would be a new action.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
add the APS contract to the agenda as item 9a-1.
VOTE: Ayes, 3; Nays, 2 (Chair Brown and Commissioner Halkiotis)
Chair Brown said that she met with our Legislator Verla I nsko on mental health reform
and its effect on people coming out of the mental institutions that are being closed down and
how Orange County will help these people in their new residency and how it has an affect on
our adult care facilities. People are not trained at these facilities at this time to assist these
people. This is a big problem across the State. The advisory committee and OPC Mental
Health are trying to work on this as best as they can.
Commissioner Halkiotis asked about the revenue stream to assist in this. Chair Brown
said that they might have a good one for the next year and after then it could be disastrous.
4. COUNTY MANAGER'S REPORT
John Link said that in addition to the two NACO awards, the Wheels for Work program
is also being recognized.
5. RESOLUTIONS OR PROCLAMATIONS
Resolution in Support of a "Senior Wellness Campus" Concept Plan for the
Southern Human Services Center -Carolina North Site The Board considered adoption of a
resolution in support of pursuing the concept of a "Senior Wellness Campus" on the Southern
Human Services -Carolina North site to include the new Southern Orange Senior Center, and
authorizing the Chair to sign.
Chair of the Advisory Board on Aging Florence Soltys read the resolution.
Cammissioner Gordon said that the resolution should say that the Wellness Report
was approved by the Advisory Board on Aging because it was not clear. She made reference to
the site by the University of North Carolina and she does not want to put any pressure on UNC
to do this at this point and that we need to be cooperative with them. She also made a
suggestion in the "Now, Therefore, Be it Resolved" -instead of "other University facilities," it
should say, "yet to be determined University facilities."
A motion was made by Cammissioner Gordon, seconded by Commissioner Carey to
approve the resolution as stated below with the changes as stated above and authorize the
Chair to sign the resolution.
RESOLUTION
In Support of a
"Campus on Senior Wellness and Longevity"
Concept Plan
For the
Southern Human Services -Carolina North Site
WHEREAS, according to the latest population figures, there are more than 16,200
persons over 60 years of age in Orange County, a number which may more than
double by the year 2020; and
WHEREAS, the Board of County Commissioners approved on March 6, 2001 a Master
to
Aging Plan (M.A.P.) the purpose of which was to anticipate and begin
prepare a response to the service needs of this growing older
population
aver the life span; and
WHEREAS, the Board of County Commissioners through its Department on Aging
are now initiating planning phases for developing two new multipurpose
Senior Centers for the 21St Century -one in Chapel Hill (Southern Orange)
and one in Northern-Central Orange County; and
WHEREAS, the University of North Carolina, UNC Hospitals, Carol Woods and other
groups have expressed an interest in identifying unique and mutually
beneficial ways to partner with the County to provide services to seniors;
and
WHEREAS, the Board of County Commissioners concurs with the concept that senior
programs can be offered mast effectively if facilities can be co-located in a
campus environment as envisioned for the Southern Human Services-
Carolina North site.
NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF COUNTY
COMMISSIONERS encourages the establishment of a Campus on Senior Wellness and
Longevity with the University of North Carolina at Chapel Hill that would together foster
research, education and direct services through the planned Senior Center for Southern Orange
and yet-to-be-determined University facilities, and encourage the University in its current
deliberations on the development of Carolina North, to grant favorable consideration to this
objective.
This the 26t" day of June, 2003.
VOTE: UNANIMOUS
Florence Soltys said this is the last time she will meet with the Board as Chair of the
Board of Aging and she expressed appreciation to the Board, John Link, Gwen Harvey, and
other County staff for their cooperation.
Commissioner Halkiotis said that she is a special gift and watching her has been an
inspiration to him.
Commissioner Jacobs said that he met with the Chancellor and he gave him a copy
of the letter that the Chair had sent to him and asked him to help to make this happen, and he
commented that he would take it to the Board of Trustees. He said that this reinforced the
County's interest in continuing to pursue this matter, and he pointed out to the Chancellor that
we only had until 2006.
6. SPECIAL PRESENTATIONS- NONE
?. PUBLIC HEARINGS-NONE
8. ITEMS FOR DECISION--CONSENT AGENDA
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved minutes from the following meetings:
April 29, 2003 Assembly of Governments Meeting and
May 5, 2003 Joint Meeting - BOCC and Town of Hillsborough.
b. Appointments
{1) Human Services Advisory Commission
The Board reappointed Marvin Block to a second term to expire March
31.2006.
{2) Efland-Cheeks Park Conceptual Plan Committee
The Board appointed Allison H. Coleman to the Habitat for Humanity
position on the Efland-Cheeks Park Conceptual Plan Committee for a
term to expire June 30, 2004.
c. Reappointment of Tax Collector
The Board reappointed Jo Roberson as Orange County Tax Collector for atwo-year
term, effective July 1, 2003.
d. Reappointment of Tax Assessor
The Board reappointed John Smith, Jr. as Orange County Tax Assessor for atwo-
yearterm, effective July 1, 2003.
e. Cultural Awareness Building Training Agreement
The Board authorized the Chair to sign the agreement for training services with Dr.
Henry Meguid to provide cultural awareness building training to County employees.
f. Authorize the Purchasing Director to Purchase Six i61 Mobile Data Terminals
The Board authorized the Purchasing Director to purchase six {6) mobile data
terminals (MDT) for the Sheriff from the North Carolina State Contract.
c,~. Authorization to Contract for Work at Whined Building During Summer Break
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. Renewal of EMS Medical Director Contract
The Board renewed an agreement between Orange County and the UNC
Department of Emergency Medicine concerning medical direction of Orange
County's Emergency Medical Service (EMS) program; and authorized the Chair to
sign.
i. EMS Events and Facilities Contract with Orange EMS 8~ Rescue Squad, Inc.
The Board approved the contract with Orange EMS and Rescue Squad through June
30, 2004, subject to final review by staff and the County Attorney, and authorized the
Chair to sign it.
L Contract for Services - Geo-BaselLand Management & Permit Information
Tracking System (`Permits Plus')
The Board contracted with Accela Software, for software activity development,
enhancement of activities and additional training of the "Permits Plus" system within
the Environmental Health and Planning Departments.
k. Bid Award: Moving House at 611 Yorktown Road
This item was removed and placed at the end of the consent agenda for separate
consideration.
I. Petition for Addition of Subdivision Roads to the State Maintenance Program
The Board approved petitions to add eight (8) roads in Orange County subdivisions
to the State Secondary Road Maintenance Program.
m. Proposed Zoning Ordinance ~ Subdivision Regulations Enforcement
Procedures Amendments
The Board closed the public hearing and adopted the proposed Zoning Ordinance
and Subdivision Regulations text amendments regarding enforcement and penalties.
n. Outdoor Lighting Standards Zoning Ordinance Amendment
The Board closed the Public Hearing and adopted the Outdoor Lighting Standards
amendment to the Zoning Ordinance.
o. OWASA Conservation and Demand Management Ordinance
This item was removed and placed at the end of the consent agenda for separate
consideration.
p_ Budget Amendment #14
This item was removed and placed at the end of the consent agenda for separate
consideration.
cam. Change in BOCC Regular Meeting Schedule
The Board amended its regular meeting calendar by adding the following meeting:
Tuesday, August 19, 2003 - Wark Session - 5:30 p.m. -Government Services
Center {prior to the 7:30 p.m. regular meeting at the F. Gordon Battle Courtroom).
r. Approval of Fiscal Year 2003-2004 Capital Project Ordinances and Grant
Project Ordinances
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
g_ Authorization to Contract for Work at Whitted Building During Summer Break
The Board considered authorizing the Manager or his designee to contract with
vendors during the summer break for materials and labor associated with painting
the interior of the facility and replacing floor covering when that work exceeds the
$20,000 threshold for Board approval.
Commissioner Jacobs asked about the carpet tiles and if they were the recycled
material. Purchasing and Central Services Director Pam Jones said that they are
recycled in that they can be pulled up and replaced very easily. Commissioner
Jacobs said that at one time they had talked about doing an environmental
assessment of County operations, and this is the type of thing that ought to be in that
kind of assessment.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
to authorize the Manager or his designee to contract with vendors during the
summer break for the referenced work at the Whitted Building when that work
exceeds the $20,000 threshold for Board approval.
VOTE: UNANIMOUS
k. Bid Award: Moving House at 611 Yorktown Road
The Board considered awarding a bid to move the structure presently located at 611
Yorktown Drive to Little River Park to Sustainable Living Incorporated of Chapel Hill,
North Carolina at a total cost of $23,000; and authorizing the Purchasing Director to
execute the necessary paperwork.
Commissioner Jacobs pulled this so that the public would know that the County is
doing this. This house is being moved from the Heritage Hill subdivision to the Little
River Park, which is the other end of the County, to be used as a caretaker's
residence. This will be funded using some of the federal funds available. He said
that this is another example of how we are trying to be environmentally sensitive and
creative and also to keep costs down for the taxpayers.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiatis
to award bid number 1321 to Sustainable Living Incorporated of Chapel Hill, North
Carolina at a total cost of $23,000; and to authorize the Purchasing Director to
execute the necessary paperwork.
VOTE: UNANIMOUS
o. OWASA Conservation and Demand Management Ordinance
The Board considered adopting the Orange Water & Sewer Authority's (OWASA}
recommended revised interim Water Conservation and Demand Management
Ordinance standards and provisions, providing for the year round conservation of
water and for temporary restrictions during water shortages and emergencies, and
applicable to the OWASA customers within the unincorporated area of Orange
County.
Commissioner Carey asked if adoption of this would make it applicable in the
County's jurisdiction and OWASA Director Ed Kerwin said that it would apply in the
OWASA service area in unincorporated Orange County. The Chapel Hill Town
Council approved the recommended ordinances on Monday and the Carrboro Board
of Aldermen approved it a week ago.
Commissioner Carey asked about the hotels and motels and their changing of linen
and how to enforce it. He also asked how to define long-term customers. Ed Kerwin
said that this would be for customers with multiple night stays. The proposal is that
the default would be that, for multiple night customers, that their linens would not be
changed unless they indicated that they wanted them changed.
Commissioner Gordon asked about towels and Ed Kerwin said that the ordinance
was silent on the towel issue.
Commissioner Jacobs said that the Board had been petitioned an this issue and he
feels comfortable that what OWASA is doing is not extraordinary. He wishes people
would do more like recycle the newspapers brought to the door, etc. He thinks this is
a positive step.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
adopt a revised interim ordinance providing for the year round conservation of water
and for temporary restrictions during water shortages and emergencies related to all
Orange Water and Sewer Authority customers located in the unincorporated part of
Orange County.
VOTE: UNANIMOUS
,~ Budget Amendment #14
The Board considered approving the budget, grant and capital project ordinance
amendments for fiscal year 2002-03.
Commissioner Gordon asked for more information an page five and the
expenditures. She asked for the staff to come up with a chart on how to decide what
the share of the budget is. Rod Visser said that basically the portion of the budget
far education is current expense, recurring capital, long-range capital outlay, debt
service, and a small amount for the school health nurse program. He will give a
more specific answer at a later time.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve the budget, capital, and grant project ordinances for countywide, DSS,
Efland Sewer Fund, 1121118 North Churton Street Capital Project Ordinance,
Register of Deeds, Health Department, and Sheriff.
VOTE: UNANIMOUS
r. Approval of Fiscal Year 2003-2004 Capital Project Ordinances and Grant
Project Ordinances
The Board considered adopting the capital project ordinances and grant project
ordinances for FY 2003-2004.
Commissioner Jacobs made reference to page 16, Central Northern Orange Senior
Center Capital Project Ordinance, and that there was some discussion about trying
to treat both senior centers equally and spend a relatively equal rate. One center
has $400,000 and one center has $100,000, and he was trying to remember if they
were going to catch up next year. Rod Visser said that they are going to catch up
eventually. He will write it up and reiterate the timeline for this and the explanation
for the difference.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
to adopt the accompanying capital project ordinances and grant project ordinances.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION--REGULAR AGENDA
a-1. Reconsideration of APS Contract
A motion was made by Commissioner Carey, seconded by Commissioner
Jacobs (for purpose of discussion) to extend the three-month APS contract to six months.
Commissioner Carey said that they are scheduled to get the HSUS report in
September and then the Board of County Commissioners will want to review it and share it with
the public and have at least one public hearing. It will probably take more than one month to do
this. He said that regardless of what the Board does, it would take until the end of the year to
implement any change. He thinks the contract has a clause where it can be changed in a
certain amount of time.
Geof Gledhill said that because the contract was only extended for three months,
there was not any paint in leaving the 90-day termination provision in. The contract is good far
three months, and thereafter, it is month to month.
Commissioner Gordon said that it was a compromise to reflect what the Board
had decided. She said that if the two County Commissioners that did not want to extend it at all
would feel comfortable with an extension, she would be more inclined to do it. She thinks the
Board will extend the contract month to month until December as a practical matter. She would
like to hear from the people that did not want to extend it.
Chair Brown said that she understands that today they got half of the HSUS
report.
John Link said that the Board of County Commissioners got the preliminary
report on how to improve the infrastructure of the shelter itself to address disease control, etc.
There are a number of recommendations to address diseases and the building. He suggests
that the Board of County Commissioners extend the contract for six months and then the staff
will come back in August with an agreed upon timetable, on the part of APS and County staff,
which they would report an haw they are already addressing issues and how they are going to
address other issues related to the operation of the shelter.
Commissioner Halkiotis said that he appreciates Commissioner Cordon's
concern for the Board going in the same direction, but he thinks it is okay to go in different
directions. He had a good conversation with Ann Pederson today and regardless of who runs
the shelter, someone is going to be unhappy. He does respect the fact that the APS is running
the shelter and it will take a long time as to what may happen in the next year. The Board has a
big challenge ahead of them and the next shelter needs to be planned. He is very disappointed
and he feels responsible that the HSUS discovered that the air-handling units were not working
properly.
Chair Brown said that what the Board did last time, it was apparent that the APS
would have the contract until there is a decision otherwise.
VOTE: Ayes, 2 {Commissioner Carey and Commissioner Jacobs); Nays, 3 {Chair Brown,
Commissioner Halkiotis and Commissioner Gordon)
The vote failed.
Commissioner Jacobs said that the APS should proceed and the process should
continue until the Board decides otherwise.
Commissioner Gordon seconded what Commissioner Jacobs said.
a. Justice Facilities Expansion Phase I The Board considered the
progress of the Justice Facilities Expansion Project and wants to confirm certain details in
preparation of soliciting the Request for Proposals for architectural services; and will consider
authorizing the Purchasing Director to solicit a request for proposal for architectural services
with the scope of work based an the information provided herein; and consider appointing
Commissioners to the various planning groups as cited in the abstract.
Purchasing and Central Services Director Pam Jones said that this process
started in July 1995. The purpose of this update is to bring the Board up to speed on where
they left off last time and also to make a couple of decisions needed to move forward with the
architect selection process. She said that when they discussed this in December,
Commissioner Halkiotis and Commissioner Jacobs were going to meet with the judicial officials
and decide things like what was going to be in the building, the status of the Sheriff's
Department, and the size of the addition.
Regarding the size of the addition, when the programs first came forward, there
were four phases proposed of 24,000 square feet each for the justice facilities. It was decided
not to put this much development downtown and it was changed to three phases of 27,000
square feet each. The County Commissioners have looked at the traffic around the courthouse
and decided that the traffic is not supportable with a bigger courthouse and they have decided
not to build a parking deck, but only build the building to the extent that they can do surface
parking. This means that they will be limited to phase I until something changes with the
roadway traffic. The building size on the proposal will say 24,000-27,000 square feet.
The second issue is the potential reuse of the Sheriffs Department. There is na
recommendation from the judicial officials. Since the development is going to be limited, there
may be opportunities to put support services for other court functions down the road or other
County functions. They want to maintain the flexibility for this building during the design
process. The Sheriff does want to move all of his facility into the courthouse in the total
completed project. The group also talked about a secure single point of entry and agreed on
this. The Sheriff will also staff this.
The courtrooms will look much different from the current ones and the design will
not be like the big rooms there now. They are looking at smaller ones that can be used for
meetings, etc. The District Court will need some support space. The Superior Court offices will
still be in the old courthouse as well as the District Attorney's office. Regarding public space,
there will be additional public space in the design.
There were three groups created -Architect Selection Committee, Exterior
Design Committee, and Interior Design Committee. All three of these groups have County
Commissioner representation. There was a suggestion to have an orientation for the various
planning groups in August.
She made reference to the projected timeframe. The project is estimated to be
completed in December 2006.
Commissioner Halkiotis asked about the list of citizens that were appointed.
Pam Jones said that she could not remember all of the names that were appointed.
Pam Jones answered some clarifying questions for the County Commissioners.
Commissioner Halkiotis said that he would be glad to serve at anytime and he
and Commissioner Carey have been involved in this for eight years.
Chair Brown suggested that only one County Commissioner be on each
committee, and whoever wants to come to a meeting could come. Then after each meeting,
there could be a good report about the meeting.
Pam Jones said that the interior needs Board of County Commissioner input
because a lot of the space will be appropriate for County use.
Commissioner Jacobs suggested having two Commissioners and an alternate on
each committee. He is particularly interested in the exterior design, but he will serve on any.
Commissioner Halkiotis prefers interior design.
Commissioner Cordon's first choice is exterior design and second choice is
interior design.
Commissioner Carey volunteered for architect selection.
Chair Brown volunteered to serve on the interior design.
The County Commissioner appointments for the Committees are as follows:
Exterior Design -Commissioner Jacobs and Commissioner Gordan
Interior Design -Commissioner Halkiotis and Chair Brown
Architect Selection -Commissioner Carey
A motion was made by Commissioner Halkiotis, seconded by Commissioner
Jacobs to appoint the County Commissioners as stated above.
VOTE: UNANIMOUS
Chair Brown said that this is a mandated function by the State - to build court
faGllltles.
Commissioner Halkiotis asked that the staff list all of the State mandated
functions for the County.
b. Option to Purchase Property for Orange County Schools' Middle School #3
The Board considered approving the amount to be paid for options to purchase
parcels of property for the proposed site of the planned third middle school in the Orange
County Schools (OCS) district and to adopt the attached Orange County Schools Middle School
#3 Capital Project Ordinance.
John Link said that this middle school is funded through the bond referendum of
November 2001 in the amount of $18.5 million. The Board appointed Commissioner Carey to
serve as liaison for this with the Orange County School Board. The OCS Superintendent and
several school board members were in attendance to answer questions.
Planning Director Craig Benedict gave clarifications of the roads on the map.
Commissioner Carey said that a lot of work has been done to identify sites for
this school. This step tonight is the first step in many steps to make this school passible within
the time frame that it needs to be online. The action tonight is to approve the funds required to
secure this property. Time is of the essence.
Commissioner Halkiotis made reference to an essay by Commissioner Jacobs on
rethinking the process of siting schools. He reminded the Board about the presentation by
Craig Benedict about three years ago of the I-8511-40 corridor in Efland that is very attractive to
people and it would be an appropriate place to site a school, rather than clustering them close
together. This process has involved a lot of departments and this is the way it needs to be
done.
Chair Brown said that this is a much better process than what Chapel Hill-
Carrboro City Schools has decided to use. She feels very comfortable with this.
Commissioner Gordon said that this use is not allowed in this area because it is a
primary EDD development area. The intent in this district is to create an industrial park setting.
Her concern would be that if it is put in this area then later the public might not want a heavy
industrial center here with a school there. Also, it might not be in an appropriate place far
children to go to school.
Commissioner Carey said that they would be addressing this issue in a public
hearing in August. Tonight, as a first step, the Board needs to approve the funds for the option.
The Board needs to take the steps one at a time on the suitability of this site for a middle
school.
Commissioner Gordon said that she would prefer to see this changed to a
secondary development area. She asked for someone from the school board to comment.
Chair Brown suggested that we have the legal advertisement on the agenda and
expand the item for consideration to include looking at all of the permitted uses in this district.
Commissioner Halkiotis asked Craig Benedict to define some examples of
schools near industrial parks. He remembers seeing a school in Forsyth County adjacent to a
light industrial area. He said that there would not be smokestack industries in this area.
Commissioner Jacobs thanked the school board for working with the Board in
this manner. In response to Commissioner Gordon, he said that they are working to update the
comprehensive land use plan. Part of the update will include this area. He thinks we should be
careful about the wording. He feels confident that the Board will get to it in an appropriate
manner.
Chair Brown said that the uses are not good for a school district and they need to
be updated.
A motion was made by Commissioner Carey, seconded by Commissioner
Jacobs to 1}approve the option purchase price of $38,505 for option to purchase agreements to
be executed between the Orange County Schools and the respective property owners for the
parcels comprising the proposed site of the third OCS middle school; and 2) adopt the attached
OCS Middle School #3 Capital Project Ordinance.
VOTE: UNANIMOUS
c. Schools Adequate Public Facilities Memorandum of Understanding and
Ordinance
The Board considered adoption of the revised Schools Adequate Public Facilities
Memoranda of Understandings (MOU's) and ordinance. Two MOU agreements are attached -
one pertaining to the Chapel Hill -Carrbora School District (CHCSD), and one pertaining to the
Orange County School District (OCSD}.
Craig Benedict said that tonight's purpose is to approve the MOU for both school
districts and also to approve the Subdivision and Zoning Ordinances within Orange County.
The Board approved a version of this last December and since then there have been two
primary changes to it. One of them had to do with suspending the certificate of adequate public
schools for the CHCCS high school and the OCS middle school, and to clarify the difference
between the projections used within the SAPFO program. The last change was to make sure
the certification process is updated. He then reviewed when each party had voted or will vote
on this item.
Regarding the Administration's recommendation, they did not set a date when
ordinances were to take effect in Orange County. The County Attorney provided a letter in the
agenda package that explains his position on this.
Geof Gledhill said that the effective date of the ordinance should be when all of
the governments involved in SAPFO sign off on the MOU. He referred to his letter. The reason
is because SAPFO is a cutting edge thing in the state and he foresees problems for Orange
County when one school system is operating under this and one is not. He recommends
implementing the SAPFO in both school districts at the same time.
Commissioner Jacobs asked about the actions of the governments that have
voted. Craig Benedict said that both Chapel Hill and Carrboro approved the SAPFO.
Commissioner Gordon said that she went over the ordinance and that there were
a couple of versions of this for approval. She was concerned in the transformation that a couple
of things slipped -the definition of membership and building capacity and the ability of the
County Commissioners to look at the calculations and certify. She asked which versions were
approved. Craig Benedict said that the CHCCS had the first version when they approved it and
he has sent them one with corrections, which were minor.
Geof Gledhill said that Chapel Hill and Carrbora adopted the revised versions.
The CHCCS Board will have to see it again.
A motion was made by Commissioner Gordon, seconded by Chair Brown to
approve the respective Memoranda of Understanding for the Chapel Hill-Carrboro School
District and Orange County School District and adopt the ordinance necessary to implement
Schools APFO with an effective date as the Board decides.
VOTE: UNANIMOUS
A motion was made by Cammissianer Gordon, seconded by Cammissianer
Jacobs (if the County Attorney finds if consistent with his recommendation) to make the effective
date August 15tH
Geof Gledhill does not find that date consistent with his recommendation.
The motion failed.
A motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to make the effective date at which all of the jurisdictions and parties have approved it.
VOTE: UNANIMOUS
d. Legal Advertisement for August 25, 2003 Quarterly Public Hearing
The Board considered authorization to submit the Quarterly Public Hearing Legal
Advertisement for publication for the August 25, 2003 quarterly public hearing.
Craig Benedict explained the two primary issues in the abstract - a special use
process and creating overlay districts and the Buckhorn EDD. On August 19th, prior to the
regularly scheduled meeting, there is consideration of a work session to discuss the issues on
the agenda.
Commissioner Jacobs asked about the first item and the derivation of the notion
that the Planning Board would approve subdivisions without the County Commissioners'
approval. Craig Benedict said that this is an incentive that the Planning Board could approve up
to 6-12 lots. This is a discussion point.
Commissioner Jacobs asked if the intent was that we are encouraging smaller
subdivisions, which seems to be the antithesis of what a planner would want. Craig Benedict
said smaller subdivisions are better in rural areas and then larger subdivisions in urban growth
areas.
Chair Brown asked if anything on this for the public hearing could be eliminated
and Geof Gledhill said that it is possible that the notice will be out there and then things could
be deleted on the 19t"
Commissioner Gordon agreed with Commissioner Jacobs about the 6-12 lots
approval by the Planning Board. She said that if the Board is not interested in this, it should not
be advertised.
Commissioner Jacobs said that if it can be deleted, he is open to talking about it.
A motion was made by Commissioner Gordon, seconded by Chair Brown to
change the public hearing notice to say, "6-12 lots approved by the Planning Board andlor the
Commissioners" and under major subdivisions, "6-20 lots approved by the Planning Board
andlor the Commissioners."
VOTE: Ayes, 2 (Chair Brown and Commissioner Gordon); Nays, 3 (Commissioner Halkiotis,
Commissioner Jacobs, and Commissioner Carey)
A motion was made by Commissioner Jacobs, seconded by Commissioner
Carey to approve the public hearing legal advertisement for item 1 -Orange County Zoning and
Subdivision Ordinance Text Amendments - as written.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon added to number 2, to change the
I-85 Buckhorn Area EDD from primary development area to secondary development area in a
specific portion south of I-8511-40.
There was no second, so the motion failed.
A motion was made by Chair Brown, seconded by Commissioner Jacobs to
approve item 2 -Amend the text of Article 6.29.3 of the Zoning Ordinance (Economic
Development Districts Design Manual} to make the changes as specified in the agenda abstract
-with the addition that the Board consider all of the permitted uses in this district. This would
be added as 2-c.
Geof Gledhill said that you need to make notice that you may delete uses. It
should say, "The following uses may be deleted:" and then the uses would be listed.
VOTE: Ayes, 4; Nay, 1 {Commissioner Gordon -she thinks the secondary development area
should be another option}
e. Appointments
(1) Alcoholic Beverage Control Board (ABC Boardl-Appointment(s)
The Board considered appointment(s) to the Alcoholic Beverage Control
Board and considered designating a member of the ABC Board as its chair.
A motion was made by Chair Brown, seconded by Commissioner Jacobs to
appoint Melvin Hurston, with the condition that he would resign from one of
the other boards on which he currently serves to be in compliance with the
County Commissioners' rules on serving on only two boards at once.
VOTE: UNANIMOUS
A motion was made by Chair Brown, seconded by Commissioner Halkiotis to
appoint Thomas Heffner.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to appoint Thomas Heffner as Chair of the Alcoholic Beverage
Control Board.
VOTE: UNANIMOUS
(2) Alcoholic Beverage Control Board (ABC Boardl-Reappointment
The Board considered the reappointment of one member to the Alcoholic
Beverage Control Board (ABC Board).
A motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to appoint Leslie Johns for a term to expire June 30, 2006.
Commissioner Gordon said that if we do this it means that we do not do the
reappointment.
VOTE: Ayes, 2; Nays, 3 (Commissioner Halkiotis, Commissioner Jacobs
and Chair Brown)
The motion failed.
A motion was made by Commissioner Jacobs, seconded by Chair Brawn to
reappoint Janet Cain far a term to expire June 30, 2006.
VOTE: Ayes, 3; Nays, 2 (Commissioner Gordon and Commissioner Carey)
Janet Cain was reappointed.
(3) Hillsborough Planning Board
The Board considered an appointment to the Hillsborough Planning Board.
A motion was made by Chair Brown, seconded by Commissioner Gordon to
appoint Barrie Wallace.
VOTE: UNANIMOUS
10. REPORTS
a. Non-Planning Reports
{1) Chapel Hill Township Park and Educational Campus -Status Report
The Board received a status report on the Chapel Hill Township Park and
Educational Campus project.
Environment and Resource Conservation Director Dave Stancil gave an overview
of the project. The formal presentation of the report and plan will occur in August.
He shared the map that was prepared by the work group. Once the Board
approves the master plan and decides on phasing, and then it can continue with
the Town of Carrboro's approval process.
Commissioner Carey said that the roadway in the eastern portions looks like it is
encroaching on property not included in the boundary. Dave Stancil said that this
road comes out of Lake Hogan Farms and is intended to connect with Eubanks
Road. After some discussion, the work group decided to take the initiative and
propose where they thought it might best suit the terrain. Part of the road goes
into Duke Forest and there was a representative of Duke Forest present who
seemed to think that it could be feasible.
Commissioner Gordon said that this would come back because the committee
report is not done yet. She hopes that when the staff comes back that there is
some idea of phasing and costs. Regarding the road, there are a lot of owners
that have not been spoken ta. She noted that the Duke Forest representative
said that Duke's part may take six months. She mentioned that there is a
development coming in from the south. She hopes the staff watches this
development and weighs in with Carrboro. Dave Stancil said that they were
tracking this closely.
Chair Brown said that she felt that this got way too detailed for the Carrboro
planning process. She would like to know what Carrboro wants them to do with
the permitting process and have the map come back to the Board with the
ingredients that Carrboro will require, and no more. Same of the things that are
lacking include a specific bus route and stops, any sharing of the two sites
(educational and park}, how much money we have to complete what phase, and
how long the Carrboro process will take.
Commissioner Jacobs agreed with Chair Brown because he would like to see
what Carrboro will require and where the mass transit would be accommodated.
He asked for maps with the adjoining property owners and roads. He would like
to see haw much it costs per foot to do the jug handle road as opposed to
running it straight up and down. He asked about the school design and if it was
the standard sprawl model. Dave Stancil said that the schools in the northern
portion are Rashkis and Smith models. The placeholder site to the south is the
Scroggs model.
Commissioner Jacobs said that he would not vote for a plan that promotes a
sprawl model. He would like to keep it as indistinct as possible. Also, he does
not see any soccer fields on the map. Dave Stancil said that the four fields
labeled as multi-use fields are full-sized soccer fields.
Dave Stancil reminded the Board that he has a more detailed report and will get it
to them in August.
Commissioner Halkiotis asked about the community gym.
Chair Brown said that the problem is that this is too specific.
Commissioner Halkiotis said that he shares Commissioner Jacobs' concerns
about parking spaces. He said that combination softballlbaseballflelds do not
work well at middle schools. He also feels the same way about the multi-use field
and it should be designated as a soccer field. Lastly, he said that if there were a
trail system for the school, there would not have to be twa separate softball and
baseball fields. Dave Stancil said that the report proposes this for the two
northernmost fields.
Commissioner Gordan said that there needs to be a process to work with the
school system on the sites.
A motion was made by Commissioner Carey, seconded by Commissioner
Gordon to adjourn the meeting at 10:30 p.m.
VOTE: UNANIMOUS
b. Plannina Report
(1y Orange CountylCity of DurhamlDurham County Courtesy Review
Agreement
The Board was to receive a report on the Orange CountylCity of Durham/Durham
County Courtesy Review Planning Agreement.
DEFERRED
(2~ Joint Plannina Area Amendments to Town of Chapel Hill's
Comprehensive PlanThe Board was to consider adoption of amendments to the
Joint Planning Area Land Use Plan resulting from the Chapel Hill Comprehensive
Plan adopted by the Town in My 2000.
DEFERRED
11. CLOSED SESSION
12. ADJOURNMENT
Margaret W. Brown
Chair
Donna S. Baker
Clerk to the Board