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HomeMy WebLinkAboutMinutes - 20030902APPROVED 1219/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 2, 2003 7:30 p.m. The Orange County Board of Commissioners met for regular session on Tuesday, September 2, 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Borhanian COUNTY STAFF PRESENT: County Manager Jahn M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Brown asked to move item 6-b in front of presentations and make it before 6-a so that the elementary children from New Hope Elementary who are visiting with us tonight for item 6-b would not have to stay up late. 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda -NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis had no comments. Commissioner Carey asked the Board of County Commissioners to consider an item of the school boards -truancy policies and how they relate to the OCJP board. John Link will add this to the joint meeting with the school boards. Commissioner Gordon reported that TTA had a board of trustee meeting recently and is updating service standards. The TTA is moving forward with Phase I and discussing ways to plan for Phase II. Commissioner Gordon reported on the Triangle J COG Executive Committee meeting and noted they have moved to their new offices. Commissioner Gordon said that Chair of the Durham County Commissioners, Ellen Reckhow, and Triangle J Council of Governments are trying to get the three county commissioner Chairs from Durham, Orange, and Wake Counties together. They are going to have a meeting of the three Commissioners and staff on September 9t". Chair Brown has requested that she go to this meeting, and she will report back on this. The topic is going to be air quality. Commissioner Jacobs said that the Human Services Advisory Council is having their forum on September 10t" at the Friday Center, and the topic is Fifty Years after Brown versus Board of Education -How African Americans in Orange County are faring in Education, Health Care, and Economic Opportunity. Commissioner Jacobs represented the Board at the dedication of housing units at Meadowmont that were provided by Orange Community Housing and Land Trust. He said that it was gratifying to see affordable housing funds being used in the community. He said that Arnie Katz, who has consulted with the County on the Northern Human Services Center on the solar components, was there and pointed out that all housing units at Meadowmont and the future ones done by EmPOWERment and by Habitat for Humanity in Orange County are being done with an energy efficiency component. This is unique in affordable housing in North Carolina. Commissioner Jacobs said that there was another Rural Planning Organization meeting, which pairs Orange County with Moore, Lee, and Chatham Counties. They are going to try and develop a joint proposal for the TIP. Commissioner Jacobs said that he and Chair Brawn met with the schools on August 27tH and today to talk about smart growth principles for the proposed thirdlfifth high school. They hope to bring some specifics to the Board on September 16tH Commissioner Jacobs asked the Manager and the Personnel Director about having Partners insurance. He said that a few years ago this was investigated, and we were told that our insurance providers would not provide it. He read that Durham County's insurance providers said that they would provide it. He would like to discuss this when the Board meets in November to discuss employee benefits. Chair Brown welcomed Ms. Waters' 4tH grade class from New Hope Elementary to the meeting. Chair Brown announced that the County is having a rain barrel sale this Saturday, September 6tH from 8-12 at the Eubanks Road Park and Ride lot. Chair Brown said that she met today with the CHCCS board about the third high school. She brought the documents from the meeting. Chair Brown mentioned a letter to the editor from Chris Moran. She said that the letter conveyed the impression that somehow the County is not allowing people to get section 8 vouchers. She would be glad to write a letter to the editor correcting this misinformation. Commissioner Carey said that there is a lot of misinformation about section 8 vouchers. He said that there is a mistaken perception that if the County continues to allow people to sign up far them, that somehow the County is going to get more federal funding to support them. This is not true. He is not convinced that writing a letter to the newspaper is going to educate everyone that needs to be educated. If the letter will help, then he will support it. Commissioner Carey suggested drafting a letter and then sending it to all human services agencies. John Link said that the staff would assist with the letter. Commissioner Jacobs asked Chair Brown to check to see if the administration is going to cut section 8 housing and to include this in this letter. 4. COUNTY MANAGER'S REPORT John Link made reference to the light yellow memo, which is a response by Superintendent Pedersen to the questions the Board had in what would be included in the 800- student initial phase of the third high school and what core facilities would be included. This is in response to item 1 discussed on August 19tH on addendum A that the school board submitted to the Board to adopt. Further clarifications for addendum A will be submitted by staff on September 16tH Commissioner Gordan asked if the school board has voted on this. She has not seen any action from the school board. John Link will follow upon this. Commissioner Halkiotis made reference to page two where it says, "athletic fields, one non-football game/practice field with track (lights, bleachers, potentially synthetic grass)." He asked if this was the main stadium field. Chair Brown said yes, but they are not excluding the possibility of building a full stadium at some other location. Commissioner Halkiotis would like to know the cost of this versus sodding the field. He would also like to know the injury rate of playing on synthetic surfaces versus grass. Commissioner Jacobs asked if the artificial surface was impervious. 5. RESOLUTIONS OR PROCLAMATIONS a. Resolution of Appreciation -Kate Dixon The Board considered a resolution of appreciation for Kate Dixon, who recently resigned as Executive Director of the Triangle Land Conservancy (TLC) after 11 years. Environment and Resource Conservation Director Dave Stancil recognized Kate Dixon. He read the resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF APPRECIATION -KATE DIXON WHEREAS, Kate Dixon served as the Executive Director of the Triangle Land Conservancy (TLC} for 11 years before stepping down in June of this year to pursue other interests; and WHEREAS, during her tenure leading TLC, the conservancy grew to over 2,000 members and has been involved in the preservation of 5,335 acres across the region, and WHEREAS, Kate has been a particular friend to conservation efforts in Orange County and the Lands Legacy Program by her willingness to explore partnerships between land trusts and local governments on projects such as Little River Regional Park and Steep Bottom Branch; and WHEREAS, Kate Dixon's willingness to work collaboratively has also led to other joint project opportunities that will be forthcoming between TLC and the Lands Legacy Program; and WHEREAS, Kate Dixon's leadership role will be greatly missed at Triangle Land Conservancy; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners expresses its deep and heartfelt affection for the work of Kate Dixon as Executive Director of the Triangle Land Conservancy, and for her willingness to provide assistance and consider partnerships with the County. BE IT FURTHER RESOLVED that the Board wishes Ms. Dixon well in her future endeavors, and hopes that she will continue to work in conservation projects in the region and provide her valuable expertise in other ways. This the 2"d day of September, 2003. VOTE: Unanimous D. G. Martin, Interim Executive Director for Triangle Land Conservancy, made some comments. He thanked the Board of County Commissioners and Kate Dixon. He is an Orange County resident. He thanked the staff and said that the partnerships that have been cultivated under Kate Dixon have inspired him. He looks forward to a continuing partnership with Orange County in the future. Kate Dixon thanked the Board. She said that she mast enjoyed the partnership with Orange County. b. Resolution -Purchase of Steep Bottom Branch Conservation Easement The Board considered a resolution for the purchase of a conservation easement on 64 acres of an identified Natural Heritage site awned by Triangle Land Conservancy (TLC), as part of the County's partnership with TLC on this project; authorize the County Attorney and staff to purchase the conservation easement at a cast of $83,700, with the expedited transfer of funds prior to December 31, 2003, submitting the final easement approval to the Board in early 2004. Rich Shaw with ERCD said that this is an important natural heritage site with the New Hope Creek Watershed. It is located west of Old NC 86 and just north of the intersection of Arthur Minnis Road and New Hope Church Road. The TLC owns two adjoining tracts totaling 64.7 acres -one that TLC has awned since 1997, and the other that TLC purchased recently from Judge Stanley Peele and Mrs. Carolyn Peele. Orange County and TLC decided to share the cost of purchasing the Peele tract with the County's share totaling a little over $89,000. Since that time, an opportunity has arisen to expedite the installment payments, lowering the County's cost to $83,700. Far simplicity and consistency of ownership, TLC agreed to awn the property and convey a conservation easement to the County. The two tracts together will be known as the Steep Bottom Branch Preserve. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below, authorize the County Attorney and staff to purchase the conservation easement of 64 acres owned by the Triangle Land Conservancy at a cost of $83,700, with the expedited transfer of funds prior to December 31, 2003. The final easement will be submitted for official Board approval in early 2004. RESOLUTION FOR THE PURCHASE OF A CONSERVATION EASEMENT TO PROTECT STEEP BOTTOM BRANCH NATURAL HERITAGE SITE WHEREAS, one of the primary goals of the Orange County Lands Legacy program, established by the Board of County Commissioners in April 2000, is the protection of identified natural areas that are part of the N.C. Natural Heritage Program, and WHEREAS, Triangle Land Conservancy (TLC}, a private, non-profit land trust with like conservation goals, acquired 29 acres of the Steep Bottom Branch Natural Heritage site in 1997 to help protect this site, and WHEREAS, in 2001, Judge and Mrs. Stanley Peele began discussions with Triangle Land Conservancy and subsequently Orange County regarding preserving an adjoining 35-acre tract in their ownership that also contained a portion of the Natural Heritage site, and WHEREAS, in 2002, TLC and the County agreed to jointly purchase the Peele property at a bargain sale price, and WHEREAS, TLC and the County agreed to allow TLC to purchase the Peele property in late 2002 with a subsequent conservation easement granted to Orange County to reflect the joint and strengthened protection for this site and the County's participation in the purchase, and WHEREAS, Orange County and TLC have generally agreed an the language of said conservation easement to be granted to the County, which will be executed following the final installment payment for the Peele property, and WHEREAS, the joint acquisition of this property is exemplary of the County's ongoing collaboration and partnership with Triangle Land Conservancy and other conservation organizations. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners agree to the future purchase of a conservation easement from Triangle Land Conservancy on 64 acres owned by TLC and known as Steep Bottom Branch Preserve, to be completed and executed after the final installment payments of the property. BE IT FURTHER RESOLVED that, recognizing the need to fulfill its financial obligations for the purchase of said easement, the County agrees to release funds in the amount of approximately $84,000 designated for this project, contingent an the receipt of said easement from Triangle Land Conservancy subsequent to the final installment payments. This, the 2"d day of September, 2003 VOTE: UNANIMOUS c. National 9-1-1 Day The Board considered proclaiming the day of September 11, 2003 as National 9-1-1 Day in Orange County; and authorizing the Chair to sign. EMS Director Nick Waters recognized the Orange County 911 Center. He asked Jim Summey, a telecommunicator for Orange County, to read the proclamation. He recognized his staff that was in attendance. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION NATIONAL 9-1-1 DAY Whereas, Thousands of dedicated individuals serve the citizens of the United States, including Orange County, as 9-1-1 Telecommunicators; and Whereas, They answer the 9-1-1 calls for police, fire and emergency medical services by dispatching the appropriate assistance as quickly as possible; and Whereas, The Associated Public-Safety Communications Officers, Inc. and the National Emergency Number Association have set aside the day of September 11, 2003 to recognize 9-1-1 and the crucial role it plays in the protection of life and property; and Whereas, The Orange County 9-1-1 Center answers over 650,000 phone calls and initiates aver 300,000 responses far citizens in their time of need; Now, Therefore, We, the Orange County Board of Commissioners, hereby proclaim the day of September 11, 2003 as "National 9-1-1 Day" in Orange County, North Carolina in honor and recognition of Orange County's Telecommunicatorsond the vital contributions they make to the safety and well being of our citizens. Adopted this 2"d day of September, 2003 VOTE: UNANIMOUS Commissioner Jacobs said that he thought about this item more than any other item on the agenda. He appreciates and admires our tele-communicators. He also thought about September 11t" and in general, he hopes it does not become like Memorial Day where it is a time for sales or for people to forget what happened. He said that September 11th is being used as an excuse to diminish our civil liberties, and it is being used as an excuse to attack other countries. He hopes that we cherish the memory of what this is about and we recognize the coincidence of these numbers and safety officials that lost their lives trying to help other people on that day. 6. SPECIAL PRESENTATIONS a. Homestead Park Aquatic Center. The Board received a presentation from the Town of Chapel Hill officials on the Homestead Park Aquatic Center Project, a joint venture of Orange County and the Town of Chapel Hill and considered adoption of the conceptual plan and Water District, with a final report to be brought back for action in late 2003. Recreation and Parks Director Lori Taft introduced Kathryn Spatz, Chapel Hill Director of Recreation and Parks. Kathryn Spatz said that there are two tanks - a 25 meter by 25 yard lap pool and a warm water family teaching pool, which is 10 yards by 25 yards. That is the main part of the building and the rest is infrastructure support. This plan is similar to the aquatic facility at Pullen Park in Raleigh. The source of funding is County bonds and Town bonds. The project planning team voted unanimously to proceed with GGA in construction. They believe that they are about 20 months from starting construction and 18 month from then to opening the building. Commissioner Jacobs said that they regarded this group as an outgrowth of the Southern Park planning group that has been working with Chapel Hill. He said that he would be glad to share the opportunity to work on this group with someone else. Commissioner Gordon asked how this would fit with other pools in Chapel Hill and in Orange County. Lori Taft said that she does not have a complete picture. She said that the larger of the two pools should not compete with other pools such as the Spartsplex and it will provide therapeutic recreation. Chair Brown added that there is a need for an adult women's locker room as part of this mix. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the conceptual plan. VOTE: UNANIMOUS b. Stillhouse Creek Wetlands Restoration Proiect The Board received a presentation on the Stillhouse Creek Stream and Wetlands Restoration Project, a joint venture of Orange County, the N.C. Wetlands Restoration Program {Division of Environment and Natural Resources) and the U.S. Natural Resource Conservation Service (NRCS)/ Orange Sail. Chair Brown asked the visiting class from New Hope Elementary to come upfront to sit and watch this presentation. Dave Stancil gave an update on this project. Stillhouse Creek is in downtown Hillsborough. It runs north to south to the Eno River and is between the Government Services Center and the Sheriff's Office and new courthouse in Hillsborough. The wetlands restoration project is a joint venture between Orange County, the Natural Resource Conservation Service and Soil and Water District, and the North Carolina Wetlands Restoration Program (WRP}. Funding for the project is coming from WRP. The purpose of the project is to restore streamside vegetation and minimize future erasion along the corridor from Margaret Lane to the Eno River. Bids for the project will go out in October with construction to occur in mid to late November. The construction will last about two weeks. Plantings of all native species would be done in December and the project work should be completed by February. He made reference to the 4t" grade class in attendance and said that this is a significant opportunity for education. They plan to work with schools. The final presentation of the conservation easement will be around the end of the year or the first of next year. Commissioner Jacobs asked about the 50-foot buffer. Dave Stancil said that this is inside the town of Hillsborough. The buffer comes from the WRP. Commissioner Gordan asked what would be done about the mosquitoes since pesticides are prohibited and there would be standing water. Dave Stancil said that is one of the first things that came up with this and there may be modifications in the final language. Ms. Waters, teacher of the 4t" grade class, said that they are planning a trip to Hillsborough on September 25t" to visit this site and the native American plants and then they will go back for work visits. Commissioner Jacobs recognized Gail Hughes and Brent Bogue for working on this. c-1.Northern Human Services Center The Board received updated information on the progress regarding the Northern Human Services Center at Cedar Grove and provided staff guidance and direction on how to proceed with finalization of building improvements. Assistant County Manager Gwen Harvey said that the Board asked for an update on what has been developing on the building improvements. She made reference to the detailed memo in the packet. She recognized the staff that have been working on this project. The main points of the memo are as follows: ^ Infrastructure - no confirmation from State with plan to pursue conventional or alternative system improvements. ^ New well distribution system ^ Signage -approval for a transitional sign -electric versus solar ^ Cafeteria and kitchen -community wanted this more serviceable -full service versus catering kitchen with a max occupancy of 375 ^ Breezeway ^ Ceramic studio ^ Computer classroom ^ Public library -mini branch ^ Parking lot on the south side not as far along as hoped; DOT grant applied for Replacement of HVAC system Windows, doors, floors Next steps -Closing on property across from NC 86, interim signage installed, conventional or innovative sewer system decision, address price tag Commissioner Halkiotis commented that this has been a longstanding labor of love. He would like to go an record to say that he is pleased with this floor plan and this one makes the mast sense. He hopes that we lack this in. He likes the flex space. He hopes that the pottery aspect will be enjoyed by all. Commissioner Carey commended the staff for getting to this point and he likes the conceptual plan. He asked to whom we are applying for grants far the septic system and Gwen Harvey said to the State Energy Office Sustainable Community Development Project. Commissioner Carey asked about the northern citizens and if they have had an opportunity to review this plan. Gwen Harvey said that they have not brought it to them yet, but it will be taken to them. Commissioner Carey said that he would like to know what they think. Commissioner Jacobs agreed with Commissioner Carey and Commissioner Halkiotis about the plan. He made reference to page six and the additional items. He said that the only mention of solar design is the breezeway enclosure. He asked where we stood on this. Purchasing and Central Services Director Pam Jones said that Innovative Design will have their report in October. Commissioner Halkiotis added that when they met with Mike Nicholas from the group in Raleigh, he was going to look at the building and see what opportunities it afforded for alternatives in addition to the traditional power plant. Commissioner Jacobs asked about what County buildings have a lighted sign and why this needs one. Pam Jones said that a lighted sign out there would be helpful because there are not any other lights out there. They looked at the solar option to run the sign and it was $5,000. There might be some opportunities to get a grant. They opted with the electric route for now. Chair Brown said that they have been working on this sign and this would be large enough to advertise classes, community meetings, etc. Commissioner Jacobs said that he would like to ask the community if they would like to turn the lights on the sign off at a certain time. c-2.Northern Human Services Center Park at Cedar Grove The Board received a presentation and reviewed plans for the creation of a Park Master Plan for the Northern (Human Services Center) Park at Cedar Grove; and considered adopting a Preliminary Concept Plan for the Park, with revisions as deemed appropriate, to be used in the Master Plan process. Dave Stancil said that the process calls for a series of community meetings and they recognize this will require extensive advertising. A set of guidelines and operating principles was adopted in June and Chair Brown and Commissioner Halkiotis have been designated to lead this effort. The adoption of a preliminary plan is part of the process. The pre-concept plan tries to use the existing features on the property. The idea is that this will be a framework for further elaboration on park facilities. Topographic and archeological surveys are underway and the results should be ready for the initial community meeting in October. Commissioner Gordon asked about the septic area and if the whole 12 acres would be taken up by the septic system. Dave Stancil said that they will use about seven acres for the septic system. Commissioner Gordan hopes that if the septic system does not use up the entire site, that other uses be considered. Ron Holdway said that they are waiting on the contour survey and they will do a line by line layout of the system. They will have an exact measurement at that paint. They will try to use the property efficiently. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt a preliminary concept plan for the park to be used in the master plan process. VOTE: UNANIMOUS 7. PUBLIC HEARINGS a. Orange County Housing Rehabilitation CDBG Program The Board received comments from the public concerning the FY 2004 Housing Rehabilitation Program for Orange County; and considered authorizing the staff to proceed with application development. Housing and Community Development Director Tara Fikes said that Orange County was recently notified by the North Carolina Department of Commerce that they were awarded $400,000 in rehabilitation funds far fiscal year 2004. Orange County also received an award in 2001. They have used the money to rehabilitate 13 houses (four in Carrboro, four in Hillsborough, and the other five in the County). They have more money allotted to them this year. The State requires that there be a public hearing prior to developing the formal application document and then another public hearing after the document has been prepared. The application is due on October 24t". They hope to repair 14-15 homes with this new allocation. Commissioner Jacobs asked if this was the money that they discussed using for indoor plumbing and Tara Fikes said yes. They were able to address some septic system failures with the allocations. None of the houses lacked plumbing totally. Commissioner Jacobs would like a clearer view of who is out there and what condition their housing is in. He would like to have the Affordable Housing Advisory Board to develop a comprehensive picture to address this short term or long term. He thinks that there are some people out there without indoor plumbing. There was no one signed up to speak to this item. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to authorize the staff to proceed with application development. VOTE: UNANIMOUS 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments (1 j Economic Development Commission The Board appointed Susan Lombardo, member at-large, to a first full term to expire June 30, 2006; Russell Seibert, member at-large, to a second term to expire June 30, 2006; Eric B. Tillman, member at-large, to a first full term to expire June 30, 2006; and Jahn Herrera, Carrbaro Board of Aldermen, to a first full term to expire June 30, 2006 to the Orange County Economic Development Commission. c. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by changing the date/location of the following meetings: - Monday, September 15, 2003 -Work Session -the BOCC changed the location of this work session at its August 19, 2003 regular meeting, from the Government Services Center to the Superior Courtroom. Since that meeting, the Clerk to the Board met with the Clerk of Court about audio and/or public television recording capabilities, and these do not exist in this courtroom (not wired for this). The BOCC changed the location of the September 15, 2003 work session to the F. Gordon Battle Courtroom (and the Clerk will contact the Public Works Department for assistance in handling the overflow}. - BOCC/Planning Board Dinner -the Board changed the date from September 15, 2003 at 5:30 p.m. to November 24, 2003 at 5:30 p.m. at the Government Services Center (prior to the Quarterly Public Hearing) in Hillsborough, North Carolina. This is due to the change of the September 15, 2003 work session from the Government Services Center to the Courthouse. d. Classification Plan Amendment -Conservation Technician This item was removed and placed at the end of the consent agenda for separate consideration. e. Acceptance of Grant for Citizen Corps Council Establishment and Recruitment This item was removed and placed at the end of the consent agenda for separate consideration. f. Acceptance of Grant to Establish a Community Emergency Response Team Program within the County This item was removed and placed at the end of the consent agenda for separate consideration. ~ Housing Rehabilitation Contract Award The Board awarded a housing rehabilitation contract to 523 Watson Road, Efland, in the amount of $27,677 with Triple J Construction Company as the contractor. h. Bid Award: Crawler Dozer for Orange County Landfill This item was removed and placed at the end of the consent agenda for separate consideration. i. Budget Amendment #2 This item was removed and placed at the end of the consent agenda for separate consideration. L Contract Extension with the APS far Operation of the Orange County Animal Shelter This item was removed and placed at the end of the consent agenda for separate consideration. ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: May 20, 2003 BOCC Regular Meeting June 5, 2003 BOCC Budget Public Hearing June 10, 2003 BOCC Budget Work Session June 12, 2003 BOCC Budget Work Session June 16, 2003 BOCC Budget Work Session A motion was made by Commissioner Gordon to approve the minutes from May 20tH June 5t", and June 10t" and hold the minutes for June 12t" and June 16t" for consideration on September 16t". This is because she suggested some changes and the Clerk was not able to finish them. The motion failed for lack of a second. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve all of the minutes as listed above. Commissioner Gordon made reference to the correction sheet for the minutes that was not quite finished. Commissioner Halkiotis said that he thought we had a process for taking care of minutes so they did not have to get into lengthy discussions during regular meeting times. Commissioner Jacobs said that he would be willing to accept the editorial changes by reference. VOTE: Ayes, 4; No, 1 (Commissioner Gordon) d. Classification Plan Amendment -Conservation Technician The Board considered amending the Orange County Classification and Pay Plan by adding the new class of Parks Conservation Technician at Salary Grade 12. The salary range for Salary Grade 12 is $28,367 - $45,349. There was a handout for this. Commissioner Gordon said that the difference is that it is a Parks Conservation Technician instead of a Conservation Technician. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve amending the Classification and Pay Plan by adding the new class of Parks Conservation Technician at Salary Grade 12. VOTE: UNANIMOUS e. Acceptance of Grant for Citizen Corps Council Establishment and Recruitment The Board considered formally accepting federal pass-through grant funds in the amount of $2,500 awarded through the Office of the Governor to establish a Citizen Corps Council for Orange County and to develop emergency preparedness informational materials; and authorizing the Emergency Management Director to sign the grant guidelines and grant related materials; and authorizing the Emergency Management Specialist to be the point of contact for the program. Commissioner Gordon asked about the dollar amount for the Citizen Corps and said that it seemed low. She would like to coordinate this item and item f together, the Citizen Corps and the Grant to Establish an Emergency Response Program. She asked if it was necessary to from a new group. EMS Director Nick Waters said that this is a way of using people that want to become involved in Emergency Management Services. This is a corps group that the State and Federal government recommended that every county have. He said that they do not control the fund amounts. Commissioner Jacobs asked where we stood on putting Spanish language signs up in County buildings. Commissioner Halkiotis said that there is limited signage in Spanish in the Government Services Center and it might be good to get feedback from the Register of Deeds and the Tax Office on how this is working out. John Link said that they will come back with an assessment of this. Chair Brown would like to add in that the staff would bring back the goals that this group adopts and to give an update every year. A motion was made by Chair Brown, seconded by Commissioner Halkiotis to accept the Grant Award, authorize the Emergency Management Director to sign the grant guidelines and grant related materials, and authorize the Emergency Management Specialist to be the point of contact for the program, with the revisions as stated by Chair Brown. VOTE: UNANIMOUS f. Acceptance of Grant to Establish a Community Emergency Response Team Program within the County The Board considered accepting a federal grant in the amount of $10,000 to establish a Community Emergency Response Team (CERT) program within Orange County; authorizing the Emergency Management Director to sign the Memorandum of Understanding, and allowing the Emergency Management Specialist to be designated as the paint of contact for the program. Commissioner Gordon asked about the budget for this and said that she would like a copy of it. She was not sure why it cost $10,000. John Link said that they would provide a detail line item. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Grant Award, authorize the Emergency Management Director to sign the Memorandum of Understanding, and allow the Emergency Management Specialist to be designated as the point of contact for the program. Chair Brown asked to include the caveat concerning the $10,000 and to bring back the results of the training outcomes. This was added to the motion. VOTE: UNANIMOUS h. Bid Award: Crawler Dozer for Orange County Landfill The Board considered awarding a bid to Gregory Poole of Raleigh, NC for a Crawler Dozer for the Orange County Landfill, bid number 246, at a delivered cost of $308,451; authorizing the Purchasing Director to execute the necessary paperwork; and authorizing the Finance Director to solicit and execute all administrative action and documents associated with completing an appropriate installment financing agreement for this equipment with a local financial institution. Commissioner Gordon asked about the total cost for the installment purchase and the debt service payments. She asked if it would be paid off at the end of the five years and how much more it would cost than $308,451. Assistant County Manager Rod Visser said that the installment financing would be paid off in five years. He does not have the exact amounts for the interest payments, but it is around $65-70,000. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award bid number 246 to Gregory Poole Equipment Company of Raleigh, North Carolina at a delivered cost of $308,451; authorize the Purchasing Director to execute the necessary paperwork; and authorize the Finance Director to solicit and execute all the administrative actions and documents associated with completing an appropriate installment financing agreement for this equipment with a local financial institution. VOTE: UNANIMOUS i. Budget Amendment #2 The Board considered approving budget ordinance amendments for fiscal year 2003-04. Commissioner Jacobs pointed out that item number 2, Human Services and non- departmental, is an application of monies that this Board set aside at the end of last fiscal year for this fiscal year understanding that there would be shortfalls in funding far Human Services. He also pointed out the third item, that the Sheriff's department will now have the capability to catch speeders. He would like the Sheriff to spend more time on Old NC 86, which is a dangerous road when people travel at a speed of 60-70 miles an hour. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the budget ordinance amendments for Library Services, Human Services Non-Departmental, Sheriff's Department, Emergency Management, Department of Social Services, Orange Public Transportation, and PurchasinglCentral Services. VOTE: UNANIMOUS L Contract Extension with the APS for Operation of the Orange County Animal Shelter The Board considered authorizing continuation of the current contract with the Animal Protection Society {APS} for operation of the Orange County Animal Shelter until such time as the Board of County Commissioners elects otherwise, acknowledging that this action shall extend the subject contract through, at minimum, October 31, 2003; and authorizing the County Manager to provide written notice to APS of the renewal of the contract with APS as provided in the contract addendum until further action by the Board. Commissioner Carey said that he pulled this to make a suggestion to the Board. He thanked the Board for videotaping the report presentation because he could not attend it. He said that there were some good recommendations made by HSUS, and one was for a task force. He suggested that the Board consider extending the contract to December 31, 2003 instead of October 31, 2003. This comes with the caveat that we expect APS to focus on addressing some of the issues raised in the report as well as before the report. Public Comment: Beverly Rockhill, Professor of Cancer Epidemiology at UNC, said that should the current APS lose its contract with Orange County, there will be volunteers to work with the new organization. She believes that there will be far more volunteers than currently are at APS. She is no longer a volunteer at APS by her own choice. She will not be volunteering at the facility again until it is under new management. She said that the shelter is in disarray and disorganization and that there is apathy and occasional hostility existing among those empowered at APS. She has volunteered for animal organizations for the last 14 years and she is a lifetime member of APS. She asked the Board to keep in mind a statement in the HSUS report regarding the removing of voting rights last November. She quoted from the report as follows: "Several members of the APS Board and staff reported to the HSUS that there had never been active participation by the membership and that the annual meeting was historically attended by the board, staff members, and very few others." She said that voting rights were removed from members at the point in APS history where members were poised to use them. She wants this County to have the best animal shelter possible. She said that she is ashamed to live in a community where certain members of the APS leadership engage in slight of hand and deceit with their trusting, well-intentioned, and donating members. She noted that the last APS Board meeting lasted 14 minutes, with a quick retreat into executive session to avoid pertinent questions from the appearing public. She said that the current leadership was slowly ruining this organization and betraying the members. Chair Brown asked for a copy of her statement. Elliot Cramer said that HSUS did a good job for the County. He said that the many problems HSUS noted at the shelter have nothing to do with money and have little to do with the physical facility. He made reference to the letter he wrote to Kate Pullen from HSUS about the principal faults of the current management. He said that he has not had time to produce a detailed budget as requested by Dr. Klein {Board of Health}, but he shall da so within seven days and in consultation with knowledgeable animal care professionals in the area. He said that the budget provided in the interim report grossly inflates the cost to the County. He said that the Piedmont Animal Welfare Society pledges to solicit volunteers and contributions, believing that a well run County shelter will easily obtain public support. He hopes that APS can continue as an organization, supplementing the services of the County run shelter with a low cost spay/neuter program, animal fostering, and the dog park and dog training operation. He wishes the people could be out of the shelter tomorrow. Bonnie Norwood said that she appreciates the HSUS report. She believes that the report and the public outcry shows that there are a lot of problems. She is opposed to the extension of the contract. Commissioner Jacobs asked John Link about not extending the contract and who would operate the shelter. John Link said that it would take 4-5 months for the County to assume operation of the animal shelter. This is based on the experience of the assumption of solid waste operations from Chapel Hill to the County and the emergency response for transportation from the rescue squads. He said that the budget is based on full operation of the animal shelter and is on the high end. He said that the $744,444 could be reduced, but there is no guarantee. He said that it will take as many staff if not more staff to operate the shelter than are there now. Commissioner Halkiotis said that he thinks that when we took over solid waste operation, there was a lot of lead time before they got into it. The Board has not even discussed where the shelter will fit in with County government. He thinks that the biggest mistake would be to take this and make it bureaucratic. He thinks a month to month renewal is fine. Commissioner Carey said that he understands what his colleagues have said but he just wanted to save time for them and recognize that it will take months to make a decision about this. Chair Brown clarified that this will be month to month and will not came back to the Board unless they want it to. The Board will have time to ask questions on September 1 fit" at the staff analysis of the HSUS report, the public hearing on September 18t", and work sessions on October 21 st or November 5t". A motion was made by Commissioner Carey, seconded by Commissioner Gordon to authorize continuation of the current contract with the Animal Protection Society (APS) for operation of the Orange County Animal Shelter until such time as the Board of County Commissioners elects otherwise, acknowledging that this action shall extend the subject contract through, at minimum, October 31, 2003; and to authorize the County Manager to provide written notice to APS of the renewal of the contract with APS as provided in the contract addendum until further action by the Board. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. First Reading -Ordinance Granting Franchise to Time Warner The Board reviewed and considered approval of the first reading of a cable franchise renewal ordinance {agreement) with Time Warner EntertainmentlAdvance-Newhouse Partnership, as recommended by the Orange County Cable Advisory Committee, in conjunction with the Triangle J Cable Consortium consultant collaborative; and considered a second reading and formal adoption of the cable television franchise ordinance to be scheduled for the Board's next meeting on September 16th. John Link said that the Cable Advisory Committee has worked to put forth information for the franchise agreement. He made reference to the letter from Time Warner's attorney and said that he would urge the Board to be proactive and to pursue what it thinks would be important as items in a franchise to serve the citizens of Orange County and then let the chips fall where they may as it relates to the response from Time Warner. Commissioner Carey said that he wants to make responses after the committee members make their comments. He is very upset about the letter from Time Warner. He wished that representatives from Time Warner could be in attendance tonight. Michael Patrick, Chair of the Cable Advisory Committee, gave a short history of this process. Around 1995, informal negotiations began between Orange County and Time Warner that lasted for about a year and a half. There was a negotiation committee separate from the advisory committee and there were several meetings with Time Warner representatives that were unproductive. Triangle J then started its own negotiations on a region-wide basis and Orange County joined in the process. Triangle J then came up with a model franchise that was supposedly agreed upon between Triangle J and Time Warner to take back the local franchising authorities. The advisory committee had a few concerns about the model and began tweaking it in 2000. Starting in 2001, Orange County tried to communicate with Time Warner and received no response. At the beginning of 2002, the committee came to the Board to try and get the ball moving and Gwen Harvey tried to communicate with Time Warner. They eventually convened some meetings with Time Warner and Time Warner said that they did not like the Triangle J model franchise and they provided an agreement that stripped out any obligation to do a number of things that are important. The committee did not agree with this and they do not know what Time Warner is going to do. He said that they are not going to get anywhere until they force the issue, and this is what they are asking the Board to do. Particularly, the density issue has always been important in Orange County. Under the existing ordinance, the obligation of the franchising authority to extend service is at 21 homes per mile. Triangle J proposed 30 homes per mile. The committee felt that the extension obligation should be 18 homes per mile in order to serve the unincorporated areas of the County. Time Warner says that it does not want to have the obligation to extend service except when it feels like it, essentially. Time Warner wants no density obligation in Orange County. There are also a couple of important funding mechanisms that would come out of the Triangle J agreement with Time Warner. One would provide a capital access fee and another would be an operating subsidy that would allow the County Commissioners to impose up to 60 cents per month for operating subsidies for public and educational access channels and also a capital access fee. Triangle J negotiated an arrangement a few years ago, and now Time Warner said that it does not want to have anything like that. Finally, there were negotiations between Triangle J and Time Warner regarding data transport and some access to Internet data transport for the governmental authorities. Time Warner took the position that it has already built its system and Triangle J was under the assumption that there would be further construction. They suggested that the County be given a discounted rate to allow the Raad Runner system. The committee thought that this was a good idea and adopted this suggestion. The bottom line is that the committee is confident that what Time Warner wants is not what the Board of County Commissioners would want. They are proposing to go back to something very similar to the Triangle J proposal that Time Warner said that it could live with a few years ago. They are asking the Board to adopt this proposal. He does not think that any informal negotiations would be useful. Commissioner Carey said that he thinks that the committee is doing right by forcing the issue. He said that the only way that we can get Time Warner to publicly state where it wants to go is to approve this document on first reading and have a public hearing and consider it again next month. He encouraged the Board to approve the second part of the recommendation, which would result in televising meetings on both ends of the County permanently. Commissioner Halkiotis thanked Michael Patrick for his work. He is ready to move on with this. Commissioner Jacobs asked what was meant by an "informal negotiation" versus a "formal negotiation." Michael Patrick said that an informal negotiation is that the County and Time Warner try to meet and work out their differences. This is what Triangle J did. This is where you "strike a deal" over the re-franchise. There is a federal regulatory system for formal negotiations where there are public hearings and other formal factors. The County will probably engage in formal negotiations if Time Warner does not agree with what the County needs in this situation. Commissioner Jacobs agrees with making it a formal process. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis ta: 1}Approve the first reading of the Cable Television Franchise Ordinance as proposed by the negotiating team and approved by the Cable Advisory Committee. A second reading and formal adoption of the cable television franchise ordinance would then be scheduled for the Board next meeting on September 16t" The County Attorney has advised that the Board may elect to conduct a public hearing before it takes action on the second reading of the ordinance. If the Board elects to da so, the procedure on September 16t" would be to conduct a public hearing first, and then consider second reading with possible adoption of the ordinance/agreement as the following step. 2) Appoint a special technical consulting committee to review and provide recommendations to the Board on a video production plan to equip both meeting rooms - Hillsborough and Chapel Hill -far live public telecasts. John Link suggested that the Board hold open the option of having the public hearing on September 16t" or, if necessary, October 15t, based on the content of the agendas. Commissioner Carey amended the motion to say September 16t" or October 1St Commissioner Halkiotis agreed as the second. VOTE: UNANIMOUS b. Chapel Hill-Carrboro Chamber of Commerce -Council on a Sustainable Community The Board considered appointing a County Commissioner or other appropriate representative to serve an the newly-farmed Council on a Sustainable Community, sponsored by the Chapel Hill-Carrboro Chamber of Commerce. Commissioner Jacobs volunteered. Chair Brown suggested that Economic Development Director Dianne Reid bring back reports. Commissioner Halkiotis suggested having Commissioner Jacobs and Dianne Reid. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to appoint Commissioner Jacobs and Dianne Reid to serve on the newly-formed Council on a Sustainable Community. VOTE: UNANIMOUS c. Appointments {1 } Board of Health The Board considered two appointments to the Orange County Board of Health. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Chris Harlan for an unexpired term ending June 30, 2005 and Dr. Tim Carey for an unexpired term ending June 30, 2004. Cammissioner Gordon pointed out that the letter from the Board of Health had a different term ending date than the abstract. The Clerk will verify the dates. VOTE: UNANIMOUS (2} Human Relations Commission The Board considered making one appointment to the Orange County Human Relations Commission (HRC). Chair Brawn noted that there were six vacancies. Commissioner Gordon nominated Jean Eno from Little River Township and Adelaide Spitsbergen from Cedar Grove Township. Commissioner Carey seconded. Commissioner Halkiotis nominated Seth Stephens. Commissioner Carey seconded. Commissioner Jacobs nominated Sally McKenzie to replace Mariah McPherson on the Hillsborough seat, whose term expired in June 2003. Commissioner Halkiotis seconded. Chair Brown nominated Jeannette Holloman. Cammissioner Carey seconded. The appointees are Jean Eno, Adelaide Spitsbergen, Seth Stephens, Sally McKenzie, Jeannette Holloman, and Beverly Payne-Betts. VOTE: UNANIMOUS 10. REPORTS -NONE 11. CLOSED SESSION A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to go into closed session at 10:10 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)(5). VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to reconvene into regular session at 1 Q:39p.m. VOTE: UNANIMOUS 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn the meeting at 10:4Q p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board