Loading...
HomeMy WebLinkAboutMinutes - 20030819APPROVED 11118/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS 1NORK SESSION August 19, 2003 5:30 p.m. The Orange County Board of Commissioners met for a Work Session on Tuesday, August 19, 2003 at 5:30 p.m. in the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice Gordan, 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., and Assistant Managers Rod Visser and Gwen Harvey and Acting Clerk to the Board Evelyn Cecil (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. Chair Brown had not arrived by 5:30 p.m., so Vice-Chair Commissioner Gordon called the meeting to order at 5:38. Chair Brown arrived at 5:41 p.m. 1. Growth Management System - Amendments to Zoning Ordinance and Subdivision Regulations Planning Director Craig Benedict said this is an early preview of the Quarterly Public Hearing. He said this started back in May when the Board wanted to begin a system to control subdivision growth. He explained several maps to the Board such as the Water and Sewer Boundary Map. He made reference to page six and the table, Growth Management System. He explained this table in depth. Subdivisions 20 lots and over would have to go through a Class A special use permit process. Chair Brown took over the meeting at this time. Commissioner Gordon said that she would like to take the current map and build a new one as an overlay because there are notable changes. Commissioner Jacobs asked if there was science to these numbers. Craig Benedict explained the numbers. He said that he would provide a printout of the major subdivisions over the last three to four years. Chair Brown asked about the question from Jay Bryan and Craig Benedict said that this would be entered into the record at the public hearing. In answer to a question from Chair Brown, Craig Benedict said that in a level two analysis, same expertise might be brought in. 2. Buckhorn EDD Proposed Amendments for Auaust 25t" Public Hearina Craig Benedict showed the Buckhorn EDD on a map. This development district has been around for eight years. The Orange County School Board, in conjunction with the Orange County Planning staff, starting narrowing dawn some ideas of where schools would be necessary. They are suggesting to modify the list of permitted uses in the Buckhorn EDD (page 3 of the agenda packet}. At this time, schools are not permitted uses in this area. Also, motor freight terminals, storage and distribution of petroleum products, and motor vehicle maintenance and repair would no longer be permitted in this area under the suggestions. Chair Brown said that she is in favor of making this what it needs to be to move ahead with the Orange County middle school. Commissioner Halkiotis said that he went through this area a couple of weekends ago and there was a highway patrol roadblock. There are things going on up there that most people are totally unaware of. There are food sales on the side of the road and things are getting out of control. He said that the County should do something in a very proactive manner. Commissioner Gordon asked about the sewer and Craig Benedict showed the sewer area on a map. The water will have to come from Mebane because Orange-Alamance does pat have the capacity. Commissioner Jacobs would like to make sure that Orange-Alamance knows what is going on here since the County is negotiating with Mebane to get water. He would like something in writing to Orange-Alamance in order to continue the communication with them. 3. t3range County Middle School #3 Craig Benedict gave a presentation on the student density in this area. The anticipated date of opening is 2006-2007. There needs to be some discussion with Mebane and Orange-Alamance about the water issues. Craig Benedict said that there would be a necessary meeting with the school board on this issue. Commissioner Gordon asked about secondary areas, and Geaf Gledhill answered. The staff will bring back a draft at the meeting of September 16tH A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the work session. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board APPROVED 1 1 1512 0 0 3 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 19, 2003 The Orange County Board of Commissioners met in regular session on Tuesday, August 19, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., Alice M. Gordan, 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 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, Rt any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to Leave the meeting until that individual regains personal control Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Jack Chestnut, Chairman of the Advisory Board on Aging, gave some updates on the new senior center progress. The resolution that was passed on June 26t" by the Board of County Commissioners was sent to UNC. Commissioner Jacobs thanked the Advisory Board on Aging for working on the standards for senior living centers that the Town of Hillsborough would be considering. Jack Chestnut said that he hopes that the Board of County Commissioners and the Planning Department could look at these criteria. John L. Robinson thanked the Board of County Commissioners and the Planning Department for getting the fence moved out of the middle of Glenn Street. He asked about the process of DOT of accepting streets in Orange County. John Link said that the DOT receives a list of streets approved by the County Commissioners, based on the review of the Planning Department. John Robinson said that DOT has taken aver one of the streets as of this week, the second one was to wait until the fence is moved; and the third street is the one that the property owners must sign away a 30-foot right-of-way. The second street is the one that he is concerned about because of the overgrowth that is coming way out into the street. The neighbors need to mow this. Planning Director Craig Benedict said that they were working with DOT on this issue. John Robinson said that while he was working on the streets, he realized that Orange County is losing money in tax revenue because there is a property owner that has 13 cars on his property and only two are tagged vehicles. The other 11 vehicles are able to run because the owner changes tags between vehicles. He went to the tax office and found the owner's records and none of the vehicles are listed for taxes and no titles have been changed. Chair Brown asked John Link to look at this issue. Jahn Link asked Greg Wilder to meet with Mr. Robinson to get this information. Bridget Basher, President of the Friends of Orange County Library, said that she was pleased to hear that there was a renewed commitment to look at the short and long term future for the library, particularly since the current renovation stretches beyond the end of the year. She spoke about the population increase in the County and the library needs. The services expand beyond lending of books including a media center, summer and after school programs, year round bilingual story times, literacy classes, and genealogy courses. She said that when the library returns to the Whiffed Building under the current renovation plan, there would be less shelving, less office space, and less storage space. She thinks the challenge is to find a long- term location for the library. She offered to serve on any task force to see that this issue is resolved. John Link said that they hoped to have a way to expand the library operations in the mobile unit and it will take everyone working together. He said that there is a space study, which indicates that there is a need to expand the library. Elliot Cramer summarized the handout that he distributed. He thanked the Board for what they continue to do far animal welfare in the County. He is concerned about misrepresentation about the shelter facility and about County support by Kendall Page in the Chapel Hill News. He said that she told lies about him on April 1St. He said that she and APS are continuing their program of misrepresentation in an effort to raise funds far their organization. He said that APS direct support of shelter operations amounts to only 14°k of its budget, while the County has raised its contribution for shelter costs each year. He said that he has not received an answer to his request to the Board of Health regarding same letters that were written about APS critics. He hopes that the Board will decide to have the County take over shelter operation. Mauricio Castro said that he was here to talk about the "Many Cultures One Race". This is an event of the Fiesta del Pueblo, which is moving to Raleigh this year, but they are keeping the road race in Orange County and will continue to in the future. The proceeds far the road race go to EI Pueblo's Youth Leadership Forum and EI Centro Latino of Carrboro. She said that this truly is a cultural experience. She asked for the Board's support. The event is on September 20th far 8:00-10:00 a.m. Mauricio Castro asked the Board far sponsorship for the road race of $5,000. Commissioner Jacobs requested of this group that they have more direct communication with the Board of County Commissioners and not to go through third parties far next year to keep the events in Orange County. Wayne Paschall came to represent property owners from Highway 751 to I-85. He said that they are in dire need of sewer services. Durham and Orange Counties have been talking about this and nothing has happened. He presented a petition to the Commissioners at the last meeting in June about this. He said that he has talked with Craig Benedict and Dianne Reid about this also. He said that his mobile home park has been closed down from 42 mobile homes lots to 17 lots. They are in the Economic Development area, but cannot develop without sewer. They do have city water. They would like to move quickly with this. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.} 3. BOARD COMMENTS Commissioner Jacobs said that he and Commissioner Halkiotis and staff have been meeting with DOT officials and there have been positive interchanges with DOT officials and they are responsive to some concerns. Commissioner Jacobs said that he met with John Claflin, General Manager of TTA, who has been on the job about a year and he was interested in the Board of County Commissioners' concerns, especially about the loss of the Hillsborough -Duke bus route. Commissioner Jacobs felt comfortable that this was someone that the County could work with. Commissioner Jacobs said that he also attended a Smart Growth conference in Raleigh in July and that Jerry Cone from American Farmland Trust made a presentation about farm conservation and Mr. Cone used Orange County as a model in his presentation based on the voluntary agricultural districts and the conservation easements. Mr. Cone said that he was going to add the Schools Adequate Public Facilities Ordinance to his list of farm friendly efforts that Orange County has taken. Commissioner Jacobs said that the "Shaping Orange County's Future" report will be in the newspapers this weekend - in the Chapel Hill Herald and News of Orange. Commissioner Jacobs said that he also attended a meeting with citizens concerned about double water rates in Hillsborough. He wants to work with Hillsborough on this issue. He said that he feels that Hillsborough feels "stuck" and may need guidance and perhaps staff could work with the Town Manager an this issue. Commissioner Halkiotis said that Jim Singleton has come before the Board several times to complain about truck traffic on his road. He said that this morning he drove by Mr. Singleton's house and counted 12 dump trucks coming east in front of his house. He is not sure which agency to contact on this issue. He said that the legislature is now allowing 16-foot modular homes to be pulled down the road. He said that he saw atractor-trailer pulling over on the side of the road on US 7Q to allow a 16-foot modular home to pass going the other way. He wants to put a letter together to the legislative body to find out why this is going on. Commissioner Halkiotis commended Orange County employees. He said that Sheriff Lindy Pendergrass does not eat lunch but just keeps working. Also, EMS Director Nick Waters was running with a fire extinguisher on Churton Street and putting out a car fire during his lunch hour. Also, Fire Marshall Mike Tapp was comforting someone that drove her car into the Texaco station on US 7Q and it caught on fire. Commissioner Halkiotis said that he attended the funeral of Joyce Holmes, who was a long time employee of the Finance Department. He represented the Board of County Commissioners at her funeral and she was a wonderful person and served in many capacities. The church was packed and most of the people at the funeral were Orange County employees. Commissioner Halkiotis asked for a report at the next meeting on the cleaning up of Hoyle King's junkyard on US 7Q. Commissioner Gordan said she has a report of the most recent Transportation Advisory Committee meeting held on August 13t". She highlighted that the first projects far North Carolina Moving Ahead have been announced. For Division 7, there was one in Orange County, which was to resurface US 70 bypass from Palmers Grove Church Road to NC 86. Commissioner Gordon said that the Metropolitan Planning Organization {which includes Orange County) received documented compliance of the 2025 Long Range Transportation Plan and also the Metropolitan Transportation Improvement Program with the provisions of the Clean Air Act Amendments and also the Transportation Equity Act. Commissioner Gordon mentioned that they are closing access ramps on I-40 at NC 54 {Exit 273} for the interstate widening project. The next ramp to be closed is 15-501 in October. Commissioner Gordon said that Triangle Transit Authority is going to be working on service standards, which are standards for starting and stopping routes, etc. She said that she had talked with John Claflin about the Hillsborough-Duke route and he was willing to work out something to keep the route. Unfortunately, the board decided to save the money and cut this route. Commissioner Gordon said that on August 7t" she attended the Chapel Hill - Carrboro City School Board meeting for the inter-local agreement where they approved it as written. Commissioner Gordon said that she received a note from Ed Harrison of the Chapel Hill Town Council that the Human Services Advisory Commission invited the County Commissioners to attend the 14t" Annual HSAC and the wrong address for the Friday Center was put on the invitation. It said Laurel Hill Parkway and the correct address is Southwest Durham Drive. Commissioner Gordon said that she noticed that both signs from the newly named James Taylor Bridge were gone. Commissioner Carey said that he thought Commissioner Jacobs was going to mention the HSAC forum on September 10t". The focus will be the status of racial relations in Orange County post Brown vs. Board of Education in 1954. He thinks this will be interesting and informative. Commissioner Carey said that he represented the Board of County Commissioners at the NACo conference and the NCACC conference this summer and he is proud that Orange County receives positive recognition at bath meetings. At the State meeting, Orange County won the Kepner Award, but he is not sure which department received it. He would like to know what program received this award. He said that Orange County also received an award for the Risk Management Pools of the NCACC for the most improved loss results. This means that there were fewer reportable injuries that resulted in lasses. Orange County is the lowest in the entire state. He presented the plaque to the Chair and the Manager. He said that the County also received a check from the Risk Management Pool for $5,000. Chair Brown brought to the attention of the Board the purple sheet from the Chapel Hill- Carrboro Chamber of Commerce. They organized a group and left the Board of County Commissioners out. This is a Sustainability Committee and they have since asked far a Board representative. This will be on the next agenda for an appointment. Chair Brawn introduced Eric Griffin from EMS and asked him to give a brief explanation on rain barrels. Eric Griffin, Emergency Management Specialist and Chairman of H2Orange Drought Response Committee, said that they are implementing a rain barrel sale in partnership with Rain Water Solutions. It is a 65-gallon barrel, and interested citizens may purchase the barrels at the Eubanks Road Park and Ride Lot on September 6t" between 8:00 a.m. and 12:00 p.m. They will also be offering conservation tips and drought information. The staff has established a reservation system at 968-2050 and citizens may leave their name and phone number and how many barrels they wish to purchase. The barrels are $77.58 (normal price is $109 plus tax and shipping). Citizens may also email a reservation at rainbarrelt~co.orange.nc.us. The barrels will not be shipped, but only picked up. 4. COUNTY MANAGER'S REPORT John Link said that he would share the award with the Risk Management team, which meets every month to address risk management issues. Also, at the NCACC, three Orange County directors were chosen as Directors of the Year from their associations -Finance Director Ken Chaviaus, Health Director Rosie Summers, and Tax Collector Jo Roberson. John Link recognized the McKee's Cedar Creek Farm Corn Maze. Economic Development Director Dianne Reid distributed copies of the picture of the maze that recognizes the 250t" anniversary theme. The maze is on Kiger Road. The maze will open August 30t" and will close November 2"d. The hours are 2:00 p.m. - 8:00 p.m. on Friday, 10:00 a.m. - 8:00 p.m. on Saturday, and 2:00 p.m. - 8:00 p.m. an Sunday. John Link said that he and his family visited British Parliament on July 11t"; and while he was visiting, the Parliament was considering a countywide bill to increase recycling in England. ~. RESOLUTIONSIPROCLAMATIONS a. Prostate Cancer Awareness Month The Board considered designating the Month of September 2003 as "Prostate Cancer Awareness Month" to increase the awareness of this deadly health issue for the citizens of Orange County; and to authorize the Chair to sign the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proclamation as stated below: PROCLAMATION "PROSTATE CANCER AWARENESS MONTH" WHEREAS, in the year 2003, the month of September is declared National Prostate Cancer Awareness Month; and, WHEREAS, prostate cancer is the most commonly diagnosed non-skin cancer and the second leading cause of cancer-related deaths in men; and, WHEREAS, the American Cancer Society estimates there will be 39,600 new cases of cancer this year in North Carolina, of which 6,800 will involve cancer of the prostate, which will result in an estimated 900 deaths; and, WHEREAS, about 25°l0 of prostate cancer affects men under the age of 65, during their prime years at work and, at any age, deaths due to prostate cancer devastate families, through loss of income, partnership, and support; and, WHEREAS, mortality rates in African-American men are more than two and a half times as high as rates in Caucasian men; and, WHEREAS, prostate cancer has accounted for, on average, 16 percent of the nation's cancer burden, yet it has received, on average, only about 5 percent of the funds this nation commits to cancer research; and, WHEREAS, we do not fully understand the factors that contribute to the development and progression of prostate cancer into an aggressive disease, and additional research is important to refine the screening and treatment of prostate cancer, and to ensure efficient delivery of these health care services by a unified standard of care; and WHEREAS, educating the people of Orange County including health care providers, about Prostate Cancer and early detection strategies is crucial to saving men's lives and preserving and protecting our families; and, NOW, THEREFORE the Orange County Board of Commissioners does hereby proclaim the month of September 2003 as "Prostate Cancer Awareness Month" in Orange County, and urges all men in Orange County to become aware of their own risks of prostate cancer, talk to their health care providers about prostate cancer and, whenever appropriate, be screened for the disease. The Board further encourages all residents to become involved in the war on prostate cancer through education and advocacy initiatives. This the 19t" day of August, 2003 VOTE: UNANIMOUS b. Community Health Center Week The Board considered a proclamation declaring August 25 through 29, 2003 as "Community Health Center Week" in Orange County; and to authorize the Chair to sign the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: Commissioner Carey said that this proclamation was brought to the Board at the request of his Board of Directors of Piedmont Health Services. Chair Brawn asked Commissioner Carey to tell haw the system has been expanded. Commissioner Carey said that this type of community health center started as Orange-Chatham Comprehensive Health Services in 1970 in a partnership between UNC and Joint Orange- Chatham Community Action Agency. This was during the war on poverty. There are currently six centers in four different counties -one in Orange County, two in Chatham County, two in Alamance County, and one in Caswell County. They serve 30,000 residents a year. PROCLAMATION "COMMUNITY HEALTH CENTER WEEK" IN ORANGE COUNTY August 25 - 29, 2003 WHEREAS, There are a significant number of residents and citizens in Orange County who are currently medically under-served for a number of reasons, the most prominent of which include geographical isolation, financial or language, and insufficient access to affordable health care; and WHEREAS, Community Health Centers, now known as Federally Qualified Health Centers {FG2HC's}, have their origin in the War on Poverty during the 1960's when they were funded by the Office of Economic Opportunity and are now housed and funded by the Department of Health and Human Services, Bureau of Primary Heath Care; and WHEREAS, their mission is to help improve the health of communities by providing access to primary care far needy residents and serve patients without regard to their ability to pay far services; and WHEREAS, this unique service model involves patients directly in the governing of the operations of the organizations; and WHEREAS, community health centers are community awned and operated not-for-profit businesses that provide access to quality, cost effective primary and preventative health care and are vital to the well being of the Orange County community; and WHEREAS, these health centers provide care to 1 of every 5 low-income babies born in America, 1 of every 8 uninsured individuals, 1 of every 9 people of color, 1 of every 9 Medicaid beneficiaries, and 1 of every 10 rural Americans, and these individuals would otherwise lack access to health care: and WHEREAS, these health centers contribute to our community by keeping children healthy and in school, and helping adults remain productive and on the job; and WHEREAS, community health centers promote 100°~ access and zero health disparities to help achieve primary health care for all people and these health centers tailor their services to fit the special needs and priorities of communities, and work together with schools, businesses, churches, community organizations, foundations, and State and local governments; and WHEREAS, there are more than 1,000 such centers serving 13,000,000 people at more than 4,000 health delivery sites, spanning urban and rural communities in all 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands; and WHEREAS, Piedmont Health Services, Inc. is a private, non-profit corporation that operates six health centers and a birthing center in four counties including Orange, Alamance, Chatham, and Caswell and provide high quality comprehensive primary health care to medically underserved people; and WHEREAS, Piedmont Health Services contributes to the health and well-being of the Orange County community by serving over 15,000 residents and by keeping children healthy and in school and helping adults remain productive and on the job; and WHEREAS, Piedmont Health Services contributes to the economic health of the community by employing approximately 200 health professionals annually for the past 33 years; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners do hereby proclaim the week of August 25 through 29, 2003 as "Community Health Center Week" in Orange County and urge all citizens to recognize the important contributions of community health centers to the improvement of the general quality of life of the residents and citizens of Orange County. Adopted this the 19th day of August, 2003 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. NACo 2003 Achievement Awards The Board officially acknowledged and presented the National Association of Counties 2003 Achievement Awards to staff responsible for the development and implementation of the Child Health Awareness Program, Orange County Farms Program, and the Wheels far Work Program. b. The Board considered accepting a medallion of the Occaneechi Tribal Emblem on a long-term basis for display by the Orange County Arts Commission in the lobby of the Orange County Government Services Center in Hillsborough as part of Orange County's 250t" Anniversary Celebration; authorizing the Manager to negotiate an agreement acceptable to Orange County and the Occaneechi Band of the Saponi Nation regarding display, insurance, removal of the display and other related issues; and authorizing the Chair to sign the agreement. Chair Brown recognized Bonnie Hicks, a member of the Orange County Arts Commission, who then introduced Sean Jeffries, Tribal Secretary of the Occaneechi Band of the Saponi Nation. Sean Jeffrries said that they would like to formalize the long-term loan of their tribal seal to be displayed in one of the Orange County government buildings. The seal was donated by Robert Cooper, a nationally renowned artist that makes these tiles for municipal governments. He said that they are trying to establish their permanent display area but until then they wanted to give the County the opportunity to have this on a tang tern loan basis. Commissioner Halkiotis said that the Board of County Commissioners were the first to recognize the Occaneechi tribal status and he asked about the Lumbee Indians who are seeking recognition at the federal level and if the Occaneechi were planning to do this also. Sean Jeffries said that they are currently receiving federal funds to complete their federal petition. Commissioner Halkiotis said that he found an old resolution about this and maybe the Board should consider bringing this back up to support the tribe in any way possible. Commissioner Halkiotis asked about the location of the permanent home in Alamance County and Sean Jeffries said that Pleasant Grove in Alamance County is the land where they received their bounty back in the Civil War. This is the legal land. Chair Brown suggested that they accept the Managers' recommendation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the Manager's recommendation to: 1. accept the Tribal Emblem medallion from the Occaneechi Band of the Saponi nation on a long-term loan basis for display in the Government Services Center as a part of Orange County's 250t" Anniversary Celebration; 2. authorize the Manager to negotiate an agreement acceptable to Orange County and the Occaneechi Band of the Saponi nation regarding display, insurance, removal of the display and other related issues; and 3. authorize the Chair to sign the agreement. Commissioner Gordon said that she would like to take every precaution to safeguard this against breakage or theft. VOTE: UNANIMOUS 7. PUBLIC HEARINGS -none 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Jacobs 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- NONE c. Motor Vehicle Property Tax Refunds for June, 2003 The Board adopted a refund resolution, which is incorporated by reference, related to 33 requests for motor vehicle property tax refunds far June 2003. d. Motor Vehicle Property Tax Refunds for July. 2008 The Board adopted a refund resolution, which is incorporated by reference, related to 92 requests for motor vehicle property tax refunds for July 2003. e. Property Tax Refunds The Board adapted a refund resolution, which is incorporated by reference, related to 4 requests for property tax refunds. f. Property Tax Release The Board adopted a resolution to release property value, which is incorporated by reference, related to 1 request for property tax release in accordance with N. C. General Statute 105-381. g_ Tax Collector's Annual Settlement The Board received the tax collector's annual settlement on current and delinquent taxes and approved the accounting thereof and entered upon the minutes. RESOLUTION APPROVING THE TAX COLLECTOR'S ANNUAL SETTLEMENT FOR THE CURRENT YEAR 2002 AND PRIOR YEARS BE IT RESOLVED by the Board of Commissioners of Orange County that the following documents attached hereto are received and approved, consisting of the following: 1} Tax Collector's Report of 2002 Unpaid Taxes an Real Property 2} Tax Collector's Report of 2002 Unpaid Taxes of Personal Property (Insolvent List) 3) Tax Collector's Report of 2002 Unpaid Taxes an Motor Vehicles 4) Tax Collector's Report of Minimal Property Tax Bills 5) Report of Collections of Non-Tax Revenue and Miscellaneous Taxes 6) Settlement of 2002 Tax Accounts 7) Settlement of Prior Years (1993-2001) Tax Accounts h. Jail Inspection Report The Board received the jail inspection report for July 9, 2003 from the North Carolina Department of Health and Human Services. i. City of Mebane Request that Orange County Convey Ownership of Water Tank Property to the City The Board 1}agreed to transfer ownership of the subject parcel; 2} directed the County Attorney to prepare and record the necessary documents; and 3} authorized the County Manager, as signatory, to execute the necessary documents. L MUNIS Internal Protect Management Contract Amendment The Board amended the contract with MUNIS to provide project management services in the implementation of the Personnel and Payroll modules of the MUNIS Business System Software; and authorized the Chair to sign. k. Contracts Between CHCCS and OCS and Health Department for School Nurses The Board approved the contracts between CHCCS and OCS and the Health Department for School Nurse funding; and authorized the Chair to sign. I. Renewal Agreement Between Chapel Hill Training and Outreach, Inc. and Health Department for Social Worker II The Board approved an agreement renewal between Chapel Hill Training Outreach, Inc. and the Health Department for the support of a Social Worker II position for the Early Head Start Program; and authorized the Chair to sign. m. Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals The Board renewed the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services and authorized the Chair to sign. n. Medicaid Fee Adjustments The Board approved adjustments in Medicaid fees for certain Health Department procedures as listed. a. Contract Approval for Topographic Survey far Northern Human Services Center Park This item was removed and placed at the end of the consent agenda for separate consideration. ~ Authorization of Community Oriented Policing (COPSFAST) Grant Positions The Board accepted the COPSFAST 5 grant and authorized the addition of four full-time equivalent positions effective June 1, 2003 in the Sheriff's Department. q: Budget Amendment #1 The Board approved budget ordinance amendments for fiscal year 2003-04 for the Health Department, the Department on Aging, and Library Services. r. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved the requests to add 8 roads in Orange County subdivisions to the State-maintained Secondary Road System. s. Acceptance of Grant Allocation from the Department of Homeland Security State Homeland Security Grant Program The Board accepted a State pass-through grant allocation of federal Homeland Security funds in the amount of $121,625 to reimburse Orange County for the purchase of equipment, costs of exercises, and training costs associated with homeland security activities of the County, it's municipalities, and the University; and authorized the Manager to sign the Memorandum of Agreement; and authorized the Chair to sign Annex A, accepting all portions of the grant award; and Authorized the Manager to identify Nick Waters, Director of Emergency Management, as the Designated Agent under Annex B; and Authorized the Manager to identify Eric Griffin, Emergency Management Specialist, as the Point of Contact under Annex B. t. Proposal AwardlContract Approval: CTIP Update Consultant This item was removed and placed at the end of the consent agenda for separate consideration. u. Change in BOCC Regular Meeting Schedule This item was removed and placed at the end of the consent agenda far separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered approval andlor correction of minutes from the following meetings: May 5, 2003 BOCC Work Session {7:30 p.m.} May 6, 2003 BOCC Regular Meeting May 13, 2003 BOCC Budget Work Session May 20, 2003 BOCC Regular Meeting May 22, 2003 BOCC Budget Presentation and Work Session May 27, 2003 Quarterly Public Hearing May 29, 2003 Budget Public Hearing June 3, 2003 BOCC Regular Meeting A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the minutes except far May 20t", because the Clerk needs to listen to the tape again, and to approve May 6t" 13t" and June 3rd with her corrections on the pink sheet. VOTE: UNANIMOUS o. Contract Approval for Topographic Survey for Northern Human Services Center Park The Board considered awarding a contract far professional services associated with a topographic survey of the property planned for the Northern Human Services Center Park; and considered authorizing ERCD to work with the Purchasing Director in executing a contract with Landmark Surveying, Inc. for a topographic survey of the Northern Human Services Center Park property. Commissioner Jacobs asked Environment and Resource Conservation Director Dave Stancil if this is the low bid. Dave Stancil said no it is not the low bid. Commissioner Jacobs said that there is a law about giving preferential treatment to Orange County vendors, but this seems to be an area where we could work better with people who live and work in Orange County. This contract is for someone from Graham. He would like to work with contractors from Orange County a little more aggressively. Dave Stancil said that previous bids have gone to surveyors in Orange County and this group was the best. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to authorize ERCD to work with the Purchasing Director in executing a contract with Landmark Surveying, Inc. for a topographic survey of the Northern Human Services Center Park property. VOTE: UNANIMOUS t. Proposal AwardlContract Approval: CTIP Update Consultant The Board considered awarding a proposal and approving a contract with Wilbur Smith Associates (VI1SA} to update the County's Community Transportation Improvement Plan {CTIP}; and authorizing the Purchasing Director to work with the consultant and OPT staff to finalize terms of an agreement; and authorizing the Chair to sign the resulting agreement on behalf of the Board; and endorsing the Steering Team members as indicated; and appointing Commissioners Alice Gordan and Barry Jacobs to represent the Board's interests during the Steering Team meetings with the consultants. Commissioner Gordon said that there was a revised agenda item at their place this evening and she wants to know what was changed. Purchasing and Central Services Director Pam Janes said that the modification to the abstract was that a meeting was added and it changed the financial impact. The added meeting adds $1,000 to the actual cost. Commissioner Gordon said that she thought the contract should be explicit in indicating that we would look at our relationship with other transit providers. She suggested adding under Leadership: Reviews policies, and procedures currently used by OPT to assess the organizational approach to human services and public transportation, including the relationship to other transit providers (i.e., Chapel Hill Transit, and Triangle Transit Authority). She also asked about the stakeholders and what Chapel Hill Transit's rate would be in this process. AI Terry said that this was the reason for the extra meeting and it would include other stakeholders and they would not be on the steering committee but would be involved in regional transit. Commissioner Gordon said that she thought the Board wanted the consultants to review the relationship to other transit providers and she did not see this listed. She would like it to be part of the charge. AI Terry said that it is in the scope of work, so it can be put in the abstract. Chair Brown said that she has been going to UNC's planning sessions on the Horace Williams Tract and a big piece of it is transportation. She encouraged them to add someone from UNC who is working on the transportation plan for the Horace Williams tract. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to: - Award a proposal far the Community Transportation Improvement Plan (CTIP} to Wilbur Smith Associates of Raleigh, NC, pursuant to WSA's proposal dated May 2003; and - Authorize the Purchasing Director to work with the consultant and OPT staff to finalize terms of an agreement; and -Authorize the Chair to sign the resulting agreement on behalf of the Board; and - Endorse the Steering Team members as indicated; and -Appoint Commissioners Alice Gordon and Barry Jacobs to represent the Board's interests during the Steering Team meetings with the consultants. This motion was subject to the changes as made by Commissioner Gordan above. Chair Brawn suggested inviting the Mayors of the towns. AI Terry said that they are including the two school systems also. VOTE: UNANIMOUS u. Change in Bt~CC Regular Meeting Schedule The Board considered five changes in the County Commissioners' regular meeting calendar for the year 2003. Commissioner Gordon said that the November 20t" work session should just say work session and not a school merger work session. Commissioner Jacobs said that of the meetings for the rest of the year, 12 out of the 20 are proposed for Chapel Hill. He asked to have one work session moved back to Hillsborough. Chair Brown said that they could not get the space, but they did try. Commissioner Halkiotis said that he would be absent an September 18t" for the HSUS report public hearing. This meeting will be videotaped. Commissioner Jacobs would still like to keep the September 1St" work session in Hillsborough. John Link said that they would work on another venue. Rod Visser said that the Government Services Center would be way too small to accommodate the people who are interested in this. Commissioner Halkiotis said that we need to be careful haw we ward things regarding school merger. When he reads the announcements of the meetings, it sounds like the County is moving ahead with school merger. This is information gathering only. The County Commissioners agreed with this concern. The Board agreed to move the September 15t" work session to the Main District Courtroom in Hillsborough. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to amend the regular meeting calendar by adding the following meetings: Thursday, September 18, 2003 -Public Hearing for HSUS Animal Shelter Study - 7:30 p.m. -Southern Human Services Center, 2501 Homestead Raad, Chapel Hill, North Carolina Thursday, October 16, 2003 -Public Hearing on the Potential Impacts Resulting from a Possible School Merger of the Orange County Schools and the Chapel Hill -Carrboro City Schools - 7:30 p.m. - F. Gordon Battle Courtroom, 106 East Margaret Lane, Hillsborough, North Carolina Thursday, October 23, 2003 -Public Hearing on the Potential Impacts Resulting from a Possible School Merger of the Orange County Schools and the Chapel Hill -Carrboro City Schools - 7:30 p.m. -Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North Carolina Thursday, November 20, 2003 -Work Session - 7:30 p.m. Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North Carolina Also, the location of the Monday, September 15, 2003 Work Session will be changed from the Government Services Center in Hillsborough to the Main District Courtroom in Hillsborough. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Proposed Addenda to Interlocal Agreement on CHCCS High School #3 The Board discussed two addenda, proposed by the Chapel Hill-Carrboro Board of Education, to the inter-local agreement that became effective on August 7, 2003 regarding the planned third Chapel Hill-Carrboro City Schools (CHCCS) high school and provided appropriate direction to the Manager and staff. Jahn Link said that an June 23rd, the Board approved an inter-local agreement between the County and the Chapel Hill-Carrboro City School system to establish the budget for the third high school project and determined that $27.8 million would be the funding for the project. The Board also indicated that an additional $2.2 million could be appropriated to the CHCCS if the Board were provided with a satisfactory proposal for a design that would promote smart growth (i.e., reduced parking, reduced land disturbance, etc.). At the July 17th school board meeting, the school board discussed the inter-local agreement and approved it on August 7th They brought forward two proposed addenda for consideration. Assistant County Manager Rod Visser read the addenda, which are incorporated by reference. Jahn Link said that the Board did not have to make a decision on this tonight. Commissioner Gordon said that her interpretation of the agreement was that the Board's intention was the same as same of the paints in the addenda, specifically the first four points of addendum A. She asked for interpretation of the following sentence: "This appropriation shall be derived from newly-identified funding sources rather than funds already dedicated to Board of Education projects, and shall not require debt service by the Board of Education." Superintendent Neil Pedersen said that they wanted to make sure that the $2.2 million was new money and that this would not be deducted from them. The second point was that one of the concerns was that the Board of County Commissioners would not incur mare debt service and he believes that this is very consistent with what the Board of County Commissioners wanted. Commissioner Gordon asked about addendum B and if it was the school board's intent that if the Board signed it then it would answer the questions about smart growth. Neil Pedersen said that they were putting this forward as a proposal for what would constitute smart growth. He said that the big issue is that they have been asked to build a building with smart growth standards, when the standards have not been defined. This addenda is their effort to identify what the standards might be. He made reference to paragraph six. Commissioner Carey said that these addenda are consistent with the inter-local agreement. He hopes that the school board would accept other recommendations from the Board of County Commissioners during the process related to smart growth. He thinks that these two boards have worked together well in the past and will have to in the future. Commissioner Halkiotis asked Neil Pedersen to look at the tape of the meeting of the final vote of the inter-local agreement. He said that this is a good documentary of what was decided. He said that he interpreted this as new money. He is concerned about the memo that says, "...would give the Board of Education assurance of the intent of the Board of Commissioners." He said that this goes to the issue of trust. He believes that the Board has treated the Chapel Hill-Carrboro City School board fairly and they need to move ahead now. Chair Brown asked if the school board had decided how many students the school is far. Neil Pedersen said that it is designed for $QQ and expandable to 1,2QQ. Chair Brown asked if this was similar to Cedar Ridge as far as expandability. Neil Pedersen said that it is conceptually the same in terms of the starting capacity and it is expandable and the core facilities would accommodate 1,2Q0 students. Commissioner Jacobs said that in June, Neil Pederson did not think that the core facilities would accommodate 1,2QQ students. He asked that this be put in writing. He said that the points in the addenda are consistent with what they reaching for. He thinks addendum B is a good start, but it is not the be all and end all of what some of the County Commissioners meant by smart growth principles. He suggested that representatives get together and talk about smart growth and come up with definitions. He suggested getting some experts to talk about smart growth. He spoke to David Salveson with the Center for Urban and Regional Studies at UNC that did a report on "Good Schools, Good Neighborhoods". Also, he spoke to Cara Krisler, who is the director of NC Smart Growth Alliance. Also, DOT Division Engineer Mike Mills is interested in participating. He would like to meet in the next couple of weeks and get some feedback from these experts on the definition of smart growth. John Link recommended that at the conclusion of discussions, that the way to respond back to the school board is by reference in an addendum or as part of the capital project ordinance. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve addendum A, with the proviso that the attorneys will work out language to incorporate the $2.2 million that would be relevant under paragraph number three. Chair Brown said that she would like to work out all of the issues first before approving because there is nothing stopping the school system from going ahead. Commissioner Jacobs said that he agrees with Chair Brawn and they need to have a definition of what they are building instead of saying "initial phase". He would like to have it all in writing. He does not think the Board is holding anything up. Neil Pedersen said that the issue that they are dealing with is that they are planning around the budget and they are not sure which budget to plan around because there is $2.2 million in limbo. He asked that this be pinned down as soon as possible with regard to the $2.2 million. Chair Brown asked Neil Pedersen to check with her calendar when scheduling meetings for the third high school since she is the liaison. Commissioner Halkiotis agreed that he would like to see things in writing and those things could still mane forward. He is committed to the $2.2 million, but tonight he has heard new numbers - 800 and 1,200. Commissioner Jacobs said that, based on what Superintendent Pederson said, it would not make much sense to approve this unless there is some conclusion about the smart growth principles. Chair Brown clarified that the motion was for addendum A. Commissioner Gordan said that the motion could be changed to say that the County Commissioners have the intention to approve the addendum to the inter-local agreement upon clarification about what is involved in each phase as well as paragraph number three. Commissioner Carey said that these are two separate addenda and he is not compelled to vote on this tonight if it will not hold things up. He is withdrawing his second, unless it will bald things up. Commissioner Gordon would like to do something tonight to solidify what the Board did and to show the Board's good faith and the other things can be worked out. Valerie Foushee said that, on behalf of the board, they are not pleased that anything they did or said was taken to mean that the school board did not trust the Board of County Commissioners. They have been trying to understand clearly what they have been afforded. Part of the dilemma is trying to understand whether they are building a school with $27.8 million or $30 million. The addenda are the attempt to clarify any misunderstanding that would exist between the two boards. They would ask that whatever is done tonight not delay the moving forward with high school #3. Chair Brown asked for clarification from the Manager on the $2.2 million and whether the school board would be held accountable for this. John Link verified what needed clarification: Phase 1 will include capacity far 800 students, expandable to 1,200; and number two, paragraph three, the attorneys will address this to speak to the additional $2.2 million; and as it relates to where the funding will come for the additional $2.2 million, the County Manager and staff will take responsibility for clearly identifying the funding streams. Commissioner Carey said that if he were the school system, he would have proceeded two months ago to plan for a school that would include the $2.2 million, and at the same time work on the smart growth definition with the Board of County Commissioners. He told the school board to plan for one high school for $30 million. Commissioner Carey withdrew his second on the motion so that the staff could bring a clearer document back. The motion failed. 10. REPORTS 11. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to go into closed session at 9:55 p.m. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a}(S). VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reconvene into open session at 11:00 p.m. VOTE: UNANIMOUS 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Chair Brown to adjourn the meeting at 11:05 p.m. VOTE: UNANIMOUS Margaret Brown Chair Donna Baker Clerk to the Baard