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HomeMy WebLinkAboutMinutes - 20030916APPROVED 11/18/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 16, 2003 7:30 p.m. The Orange County Board of Commissioners met for regular session on Tuesday, September 16, 2003 at 7:30 p.m. at the F. Gordon Battle Courtroom, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Brown went over the various colored sheets at each Commissioner's place: water conservation information from OWASA; letter from APS; letter from Duke Health Community Care about Hospice; information about employee health insurance; letter from Valerie Foushee, Chair of the Chapel Hill-Carrboro City School Board; an attachment to item $-d; and substitutes for items 8-i, 8-g, and 5-d. PUBLIC CHARGE The Chair dispensed with the reading of the public charge 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda John Guibert, a member of the APS Board of Directors, said that his fellow board members asked him to come and speak to the Board of County Commissioners tonight to make a brief statement regarding their recent letter to the Board of County Commissioners. This letter provided the contractually required notification of intent to renew their contract for management and operation of the Orange County Animal Shelter. He distributed a copy of the statement. He said that they were prepared to meet with the Board or the staff to discuss this matter further. They are also prepared to respond to questions if time permits tonight. He said that in a conversation with a member of County staff yesterday, three questions were offered to them and they are prepared to address those particular three questions. He brought written responses to the three questions. For the public and the media, the APS issued a press release earlier today that includes a copy of the letter to the Board of County Commissioners. He emphasized a few key points of the letter. For many years, APS has financially subsidized operation of the shelter at levels of $70-90,000 a year. The revised fiscal year 2003-2004 budget indicates that this year's required level of subsidization is approximately $138,000. This does not include additional funding that would be necessary to support implementation of the HSUS recommendations. The APS board has determined that it is no longer able or willing to continue to subsidize operation of the shelter. As indicated in their notification of intent, their ability and willingness to continue to manage and operate the shelter is contingent upon obtaining adequate funding from Orange County. Their current financial condition dictates that they have no other choice. They understand that the timing of this decision is not good and will result in a broad criticism. He said that the APS will continue to serve the community over the long term and they would like to continue to manage and operate the shelter. If the Board of County Commissioners ultimately determines that it is not in the best interest of the community for APS to continue to manage and operate the shelter, they will continue to provide most, if not all of their current non-shelter related programs and services and will seek to define other ways to work in strategic partnership with the County and other stakeholders for the benefit of animals in the community. Deborah Love said that she wanted to petition the Board to change the timeline far public comment on school merger. She represents a group called INFORM from both the City and the County school districts. They have not taken a position on merger, but their mission is to help insure that there is an informed electorate throughout the County so that they can each make up their awn minds about merger and make their voices heard at every forum passible. They want people to have a real choice and a real opportunity to influence the Board. She said that they have had to weed through rumor and a lot of unfounded assertions that have been flying around about this issue. INFORM thinks it is premature to hold the public hearings before the other facts are available. She asked the Board to postpone the public hearings until two weeks after the additional data the Board requested last night is available. She said that once people have taken a position at the public hearings, it is going to be very difficult for them to back off and incorporate any new information that may come to them in November. Helen Poole, Director of Development for Duke Hospice (formerly Triangle Hospice), spoke about Duke Hospice. It was founded in 1979 by a group of concerned citizens from Orange and Durham Counties. Since 1979, they have been providing hospice services in the Triangle. Again in the early 1990's a group of concerned citizens from Orange and Durham Counties came together and saw the need for an inpatient care facility, which would provide 24- hour care to hospice patients who might be in a pain ar symptom crisis. They raised $2 million to build a freestanding hospice inpatient care facility at the Meadowlands in Hillsborough. Since the last four years, more than 1,000 people have received care at this facility. Last year, during the winter storms in December when many were without power, they found out that the generator that had been placed at this facility would only heat three rooms. It is a six-bed inpatient facility. They had to transport many patients to the hospital and one expired on the way. She asked for a special grant of $10,000 to help replace and rework the generator and wiring that exists at the Hillsborough facility. Commissioner Jacobs asked who owns the hospice and Helen Poole said that it is a wholly owned subsidiary of the Duke University Health System. It is a private, not-for-profit hospice. Commissioner Carey asked what happens in case of an emergency and if there are ways for residents in the surrounding area other than those in the facility to benefit from the generator. Helen Poole said this is an excellent question and she will look into this. Chair Brown said that the County Manager would look at this issue and get back with them. Kathy Hartkopf said that she is here because she needs to be informed on the issues about merging the two school districts. The public is desperate for accurate and detailed information. She said that many reviewed the report and attended the meeting last night in the hope of becoming informed. She came from the meeting with many of the same questions that she had when the merger discussion began. She has spoken with DPI, superintendents from merged districts, and state legislators about merger. She asked the Board to consider postponing the public hearings until after they have all of the information needed. Dianne Bachman lives in Chapel Hill and has a daughter in CHCCS. She agrees with the comments from the Board last night about the needed additional information about the merger issue. She agrees with Commissioner Jacobs and Commissioner Gordon that they need information about how many children will be bussed and from what schools. She also agrees that mare information is needed about the program similarities and differences between the two systems. She also agrees that information is needed about the percentage of students in each district that take the SAT, their performance, their graduation rates, and their dropout rates. She also agrees that more information is needed about alternatives to merger. She believes that the public should be able to see and study this information before participating in a public hearing. If the Board cannot make a decision until this information is received, then certainly the public cannot be informed participants in a public hearing unless they are well informed. She said that the public hearings would be wasted if they were held before the additional information the Board requested in November. Dennis Bradshaw is the Executive Director of Residential Services, Inc., a private non-profit organization. They started about two years ago on a plan to develop a retirement home for developmentally disabled. The County made a financial commitment to help support this project. He said that they have finished the project and the first residents are going to move in tomorrow morning. He thanked the County for their commitment. They were also able to receive a commitment from the North Carolina Housing Finance Agency. They received several other commitments. He invited the Board to the grand opening on October 25`h. He distributed an invitation to each Commissioner. The following was transcribed verbatim: Valerie Foushee: Madam Chair, and members of the Board and staff, thank you on behalf of the Chapel Hill-Carrboro City Schools Board of Education for the opportunity to speak with you this evening. First of all, let me say that we greatly appreciate your encouragement and support for locating and constructing the third high school in the southern part of our school district, recognizing the need for a high school spurred by the growth in that area of our district. In August, our board voted unanimously to approve an inter-local agreement between the Board of County Commissioners and the Board of Education that would establish a project ordinance to allow acquisition of the desired school site, and to establish funding for the construction of the facility. The agreement also called for the district to include smart growth principles in the design and the construction of the school. The Board of Education submitted to you, in the farm of two addenda, their school board policy 9040 and other examples to be considered as guidelines to meet in order to receive an additional $2.2 million to fund this project. At a subsequent meeting of your Board, we were encouraged to move forward with the design of high school #3. We were given the assurance that the additional $2.2 million would be available and that resolution on the smart growth principles would be reached. A committee was established that includes representatives from your Board and staff, our board and staff, along with smart growth experts to help establish principles and to assist the Commissioners to reach resolution on the addenda that were submitted to you. VIJe have had two meetings now, with another one scheduled later this month. However, we have not discussed the addenda or come to agreement an smart growth principles for the design of this facility. We would submit to you that it is crucial for the design process that we came to resolution on the addenda to assure that we are moving in the right direction and that the project is not unnecessarily delayed. We respectfully request that this item be placed on your agenda at the earliest opportunity for discussion. Thank you. Commissioner Jacobs: I was actually going to wait until Board Comments to report to our Board on the meetings that we have had. And actually, and I'm sure some of the citizens who spoke to us earlier tonight will find this pleasantly ironic. We don't have all the information that we've asked for, and therefore, don't feel like we can make recommendations and intelligent decisions on the issues related to smart growth in the third high school. We hope to have more of those questions answered the next time we meet. We had set up a date and at least as of earlier today, we heard from every participant except anyone from the Chapel Hill-Carrboro school system. Valerie Foushee: I haven't been contacted Commissioner Jacobs: Well, if you would check with Donna Baker, she's been trying to get people to the meeting, and we're certainly moving ahead. Valerie Foushee: I haven't received any contact at all. Commissioner Jacobs: She'll give you the information. But we, in fact, the Manager and the Planning Director, and Commissioner Brown and I met to work on those issues so that we can have more specificity to bring back to the group when we do meet again. And we do very much intend and want to move the process forward as quickly as possible. None of us want this to be unnecessarily delayed. All of us may think someone else is unnecessarily delaying, but I think the main thing is get things right, and we all agree on that. Valerie Foushee: We can agree on that. We would ask that we could move forward in the design and we cannot design the school with those principles until those principles have been identified. Chair Brown: Valerie, let me just ask you a question on the letter. (attached) You said we were given the assurance that the $2.2 million would be available. How did that come about? Valerie Foushee: Commissioner Halkiotis told us to build a school, that we'll get the $2.2 million. Not in those words, but quite similar. Chair Brown: Sa you took one Commissioner's statement and said that we.... Valerie Foushee: At an official meeting, that's what we heard. Chair Brown: We usually do things by a majority vote. Valerie Foushee: I understand that, Madam Chair, and I'm not saying that to be argumentative. I'm saying that what we heard at that meeting is that everybody was an board for the same thing, that there was no hidden agenda. I think that Commissioner Halkiotis said that you weren't trying to fool anybody about anything, and we are working with that assurance given that if we're able to come to agreement on what those principles are, that the money would be available to us. If I misinterpreted what I heard..... Chair Brown: Well, that was one comment. But we da vote an things with a majority vote. Valerie Foushee: I understand that. I understand that very well. Chair Brown: And so what you said here is not accurate. Valerie Foushee: I understand. I understand that, but there were assurances made. Chair Brown: Assurances made? I thought there was a clarification letter from John about that whole meeting, and it was made very clear that there was no vote of this Board on what the addendum would be. Valerie Foushee: I did not say that there was a vote. I wouldn't argue that there was. But there were assurances made that that would occur, if indeed we came to agreement on smart growth principles. Chair Brown: OK. Commissioner Carey: I was at that meeting too, and I think we all encouraged the school board to proceed and that we wauld work together. I was actually the one who had encouraged us to vote on one part of the agreement, and the Board decided not to do that. But I think we all encouraged this. I remember Steve's comments too, but he is only 1/5 and I was another one. That would make it 215, who encouraged the school board to move ahead with the planning. And that was based on the assumption that the smart growth group would get to work and came up with some agreement on principles quickly. The kind of assurance that Steve provided was not a majority vote of this Board, but I thought the direction we wanted everything to proceed was clear, that we wanted you to get started and work based on the assumption that you were going to get the $2.2 million to help build the school. Valerie Foushee: That's my interpretation Commissioner Carey: Are you telling me that that process is being held back by what's going on with the planning with the smart growth committee? Because I would hope at this early stage, things aren't being unnecessarily held up. Valerie Foushee: I don't think at this point things are being held up. What I am saying is that at this point, if we are to include smart growth in the design, those principles need to be identified before the design process can continue. Cammissianer Carey: Well, I agree with that. Valerie Foushee: Or at least continue to a point where we can begin. And when I say that assurances were made, please understand that I'm not saying that the Board came to a vote think the general tone and the mood of that meeting was such that the Board felt comfortable with the fact that after this committee met, that is, after this smart growth committee met in a timely fashion, that those principles would be identified so that both boards could come to agreement and the design process could continue an schedule. Commissioner Carey: I think we all labor under that assumption. Chair Brown: Valerie, we've had two meetings with you, which we've set up, and we asked for information I think from your staff, and we haven't received that. Can you make sure that we get that so that we can proceed? Valerie Foushee: I will indeed. Chair Brown: And as soon as we get that information, then we can put it in so we can talk about it at the meeting. But we do need that information sa we can have an agenda for the next meeting. That would be great. Commissioner Gordon: My recollection of what happened at the meeting that Valerie Foushee is talking about is that we did give assurances that the additional $2.2 million would be available, and that resolution for the smart growth principles would be reached. And I thought that we even said that they would probably be reached by September 16t". I would make 315 of the Board that gave the assurances that if the smart growth principles were met, that the additional $2.2 million would be given. So I think from what we said right now, that 3/5 of the Commissioners, although we didn't vote, we gave the assurances. So I feel your letter is accurate, in fact. And I would just say that I am disappointed the committee hasn't came back after two meetings. I hope it doesn't take more than an additional meeting, because I thought that when we sent the group off that it wouldn't take a very long time. The group was fairly informally constituted, and I thought it was one or two meetings that we were contemplating. So I was disappointed that we didn't get resolution by September 16t", which I believe had been, although we didn't vote on anything, the understanding. So I would hope that in the future, that the staff would came up with meeting notes for the first two meetings that would be distributed to the Commissioners just like the High School Planning Task Farce meeting notes. I would ask the Manager to make those meeting notes available, and that from now on meeting notes be made available. These are public meetings and should have meeting notes. And I understand the two Commissioners on the group are reporting back to us, but I really think we need the formality of meeting notes so that we all know in a mare formal fashion what has happened. So I hope that, John, you will get your staff to make those available for the last two meetings and then take notes at the additional meetings as they unfold. But I do hope that we will be able to resolve this in a timely manner. I would hope by the end of September. Commissioner Halkiotis: No one remembers best what comes from my mouth but myself. And I gave you my assurance that night, that's absolutely true. And I am getting really perplexed to try to figure out why is this project being delayed aver this last little piece dealing with the school board adhering to smart growth design principles in a building on this campus. I'm aware of the principles that were listed that night. Those are all good, basic design principles that should be incorporated into the design of the school, period. You've got competent architects, and they should be able to interpret those very easily. You all told us that night you're now settled on a school for 800 kids, with future expansion to 1,200, right? And that you've got a difficult site to work with, there's going to be a lot of rock to deal with. And we realize that the site development costs are going to be expensive. But I thought you all were going to move ahead and tell your architects, "Forge ahead." Two point two million dollars on that school is basically what you're going to spend for furniture, technology, and some other stuff inside. I'm just putting all of that out there. That's going to take care of the inside with the furnishings to all practical degrees. The actual design of the building, should have a green light. They should have an understanding right now what they need to be producing. And I really would say to you all that you need to sit down with your architects and tell them to get moving. Because I don't want anybody coming back to say that we delayed the construction of this school, because I'm going to be upset, and I'm going to take back my 20%, and that's going to leave you with 40%, just with Commissioner Carey and Commissioner Gordon. So I don't want to do that. I'm sensing here that we're losing a spirit of goodwill on moving forward, and I don't understand why. And I hope that we get a clarification when we get our report because we need to move this process on. I thought this was behind us. There's an issue of the week. Lately they're becoming two and three issues of the week. And by Thursday we may have the biggest issue of all because we can't do anything because of the weather. So anyway, I'll be awaiting the report you guys got. You still have my assurance. I just want to move this thing along; let's get it built. Valerie Foushee: If I may respond to what you're saying. First of all, let me just say that I am operating under the assumption of goodwill. This letter was written by me, it was composed by me. I am speaking on behalf of the board. I am not saying that the project has been unnecessarily delayed. What I am asking from the Commissioners is all the help that we can get to ensure that in the future this is not unnecessarily delayed. I feel as a steward of taxpayer dollars that I am responsible for making sure that everything the Board of Education can do that the Board of Education does da. So this is an attempt by the Board of Education to ensure that we are moving in the right direction and that at some point we're not stopped because we're not fallowing what we have agreed upon as a Board of County Commissioners and a Board of Education to continue. So I'd like for that to be clear before I leave the podium. Commissioner Jacobs: I want to roll back the tape to when Commissioners Halkiotis and Carey made their remarks. We had just come back from the summer. The school board came and said, "Will we have $27.8 million ar $30 million to spend far the high school?" And several Commissioners, not me, although I might have felt similarly, expressed chagrin that the school board had unnecessarily delayed over the summer. The two Commissioners who spoke were encouraging the school board to be optimistic, to assume the best of the Board of County Commissioners, and to go ahead and plan the school with the assumption that we could work out the issues regarding smart growth. And if you had to pick a number, pick the higher number and get to work. That's what I heard that night. I don't think anybody said, and so everything's all settled. And I don't think that Commissioner Brown or I have approached it either that things are settled or that we're going to drag anything out as long as possible. We have met three times already in less than a month. There were two big meetings, as you know, because you've been there. They also include the Department of Transportation representatives, Carrboro Planning representatives, citizens who are working on the school with you, Chapel Hill Transit, our Planning Director, our Manager, our Assistant Manager, the representatives of the architect, members of your school staff. It's a big group. We've been batting around ideas; we've been asking questions; we've been trying to think how we can coordinate things. It takes a little bit of time. I would ask, with all due respect to Commissioner Gordan, who always likes to have her "I's dotted and T's crossed", to give other Commissioners the same courtesy when we're working hard to try and work with the school board to get to a point where we all feel comfortable that we know what we're talking about, and that we're trying to do some things here that are responsive to the needs of the schools, but also respect the realities of life in an area that has air quality problems, that has student populations and adult populations suffering from obesity because we no longer exercise, walk, bicycle, all those things that are part of our thinking; part of what we're trying to work out. I'm sure we'll get there as soon as we can. And if we need to keep scheduling meetings on a quick basis, I'm sure Commissioner Brown, just as Ms. Foushee, will be glad to do that. And we'll get this back to our Board and your board as soon as we possibly can. Valerie Foushee: Thank you far that assurance. Chair Brown: Valerie, I just need to ask you, why did you think we weren't moving along? Or da you think we're holding you up? Valerie Foushee: That's not what I said in the letter. I did not think that you're holding us up. I did not think that we're not moving along. What I am sensing from the meetings that we've had, that we are not very close to identifying those principles. I think the two meetings that we've had have been productive in a real sense. But the discussions have been bogged dawn mostly with parking. And so we're not moving to other principles that need to be identified. I agree with Commissioner Jacobs' sense of us trying to ensure that we address other issues regarding the quality of life for citizens in the Chapel Hill-Carrboro area as well as Orange County. But I think for the purposes of these meetings, I think we could be further along than we are. And you mentioned the size of the committee. When you're trying to get that many people together regularly, it is not easy to schedule meetings where everybody can attend. So if indeed we're going to meet at the end of this month, and we don't come to resolution or we don't get the opportunity to identify mare principles, we're talking about scheduling meetings on into October, and perhaps November. That causes us to delay the design of that building. Chair Brown: I thought Commissioner Halkiotis just pointed out that you could certainly do all the design work. Valerie Foushee: I don't think that we can do all the design work if indeed we are to include principles that have not been identified. Chair Brawn: But you have your principles that you're incorporating, right? Valerie Foushee: We do. Chair Brown: OK. So that planning can go ahead Valerie Foushee: That's correct. Chair Brown: If we could get the information about the parking and work through the transportation, that's going to be a big piece of it, and we don't have the information about the parking. Valerie Foushee: I will see to it that our portion is submitted to you. Chair Brown: That would be great. Thank you. The next person I have is Gloria Foley. Gloria Foley: This is kind of a complement to some of the comments that were made by our chair. A couple of things just for reassurance in the comments that were made about the two- month delay over the summer. We haven't actually delayed over the summer. I think on the committee, you may have seen a concept plan. That was a complete concept plan except for all the details on the footprint. There was a footprint, but there's all the details on exactly what makes up that footprint. The design committee, which Chair Brown is on, has been formed, and we are moving along. And it's good to know that we're moving along with your help. I think one of the things that might help in this collaborative process is in fact to have a very clear agenda before the meetings. And maybe there are ways in which we can do that better both from our side and your side, as well as minutes, both from your side and our side. And maybe we might want to in fact look at a summary of the two meetings to see what you might need more or sooner. I will say that I was really intrigued to listen to the smart growth experts' talk at the first meeting. There were two representatives there. Twa things that I was particularly interested in was them talking about the issue of building a school that was close to a dense population. That schaol is close to both Southern Village and Dogwood Acres. Their second principle was to build a school near or on a public transportation route. That school is on the J route, which is the mast widely used public transportation route in the Town. So I was encouraged to know that the board, which had already thought about those issues, was supported by the smart growth experts as well. Again, there was one other item, and that was the information about addendum 1. That was the definition of what was the size of the school. And I think you got that information at the meeting or were provided that {i.e., What was the definition of that schaol? What's in an 800-student school? What's in a 1,200-student school?}. And I think one question, because I was here at that work session, was whether to pass addendum 1 or to pass addendum 2. Addendum 1 dealt with the initial size. It would be good to know is there any other additional information needed because that's all I heard, but I might be wrong, at that meeting, that what's the definition of initial size, 800 or 1,200? And I think we provided that. have a copy of that. I think, however, good documentation, if nothing else, would be good; we need historical documentation for any other committees that may work in the future. Commissioner Jacobs: I'd like to suggest, Madam Chair, that you and I try and meet with Mr. Benedict again before the next meeting, and we'll go ahead and we'll propose what we consider to be smart growth principles, and we'll just move ahead from there. Chair Brown: Sounds good to me. This was the end of the veri~atim transcription Michelle Lewis is a resident of Chapel Hill. She read a petition to postpone the public hearings scheduled for comment on school merger. She asked that these hearings be deferred until two weeks after the additional data requested by the Board of County Commissioners has been made available to the public. She submitted the petition on behalf of INFORM. She said that one-month is not a large delay, given the issue. She gave the petition to the Manager. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Carey commended the Human Services Advisory Council for the forum last week entitled, "50 years after Brown versus Board of Education How African Americans are Faring in Orange County in Employment Opportunity, Health Care, and Education." He commended everyone involved in planning this forum. He'd like to see some results from the forum. There were no breakout sessions, which made it more difficult to receive the needed feedback. He commented at the forum that he would ask the Board and staff to focus attention on being proactive about trying to decide what the future of our Orange County Human Rights and Relations Department is because of the fact that the suit that was decided by Supreme Court and brought by Blue Cross/Blue Shield cut the legs out from a part of that department's responsibility. He would like some recommendations about the future of the department, because it's clear to him that the department and the Commission still have a role and responsibility. He would like the County to be proactive about it. Commissioner Jacobs also thanked the HSAC for the forum. There is a tape and it should be available for the Board of County Commissioners. He specifically thanked four members of the staff who worked hard -Nancy Glover, Corinthia Barber, Sharon Hinton, and Gwen Harvey. Commissioner Jacobs made reference to the North Carolina Moving Ahead Projects and said that he asked Karen Lincoln to put them on a map and show them to the Board and the citizens. Karen Lincoln said that there were three projects that the Board of County Commissioners asked to be put on the program and they are as follows: - continuing with the two-foot shoulders on Palmer's Grove Road to St. Mary's Road as well as other improvements - widening Orange Grove Road from Churton Street to New Grady Brown School Road (also Orange Grove Road to Arthur Minnis Road might be widened) -widening of NC 86 from Whitfield Road to US 70 Business for bicycle lanes Commissioner Jacobs said that the County continues to have success working with DOT. He said that the work of the Orange Grove Road Transportation Work Group, which involved Hillsborough and Orange County, was obviously respected by DOT. Commissioner Jacobs made reference to the Community Transportation Improvement Plan Steering Committee, which deals with Orange Public Transit. They had their first meeting and another meeting is coming up soon. It's a very large and collaborative group and there was no participation from TTA, but they are hoping to get some by the next meeting. The thrust is to work to coordinate with other service providers as well as to refine what OPT is already doing. Commissioner Gordon said that the TAC meeting was on September 10t". Another report from North Carolina Moving Ahead projects will be forthcoming from Karen Lincoln. Commissioner Gordan said that there was a meeting of the Triangle Chairs of Wake, Durham, and Orange Counties on September 9t". She listed the attendees who included Herb Council {Chair of the Wake County Board of Commissioners) and Ellen Reckhow, who chaired the meeting. She said that she volunteered to attend since Chair Brawn could not be there. She tried to insure that in the future they would hold a meeting at a time that Chair Brown could attend. Chair Brown said that the Board was under the presumption that she asked Commissioner Gordon to attend the meeting for her. Commissioner Gordon said that she was told by Ellen Reckhow, Chair of the Durham County Board of Commissioners that Chair Brown had asked that she attend. When she checked that with Ms. Reckhow again, Ms. Reckhow verified it. However, Chair Brown did not directly ask Commissioner Gordan to attend. Chair Brown said that she wanted the whole Board of County Commissioners to have an opportunity to attend. Commissioner Gordon said that air quality concerns were foremost on the agenda. The next meeting is sometime in October. Commissioner Gordon said that the General Counsel has left TTA to pursue other opportunities. Commissioner Gordon said that the Schools and Land Use Councils (SLUG) met and they had updates on the Orange County middle school and the Chapel Hill-Carrboro high school. Commissioner Gordon asked that under Manager's comments if someone in Emergency Services could give an update on the pending hurricane. Commissioner Halkiotis said that he represented the Board at the Arts Commission dedication of the addition to the Government Services Center entitled "Excerpts." He said that this was a superb job. He would like to follow up with a letter signed by all County Commissioners with a copy of the letter put on the wall next to the interpretive message. Commissioner Halkiotis also would like to send a letter to DOT Division Engineer Mike Mills thanking him for all of the work he has done for Orange County. He would especially like to reiterate the need far a safe pedestrian bicycle bridge addition to get over the interstate at the other side of Orange Grove Road that leads to Cedar Ridge High School and Grady Brown Elementary School. He made reference to the concerned citizen, Nancy Baker, who has researched this issue. The price of the bridge addition has been brought down from $1 million to $750,000. Ms. Baker is convinced that DOT has embraced similar concepts in other bridges across North Carolina far less than this. Commissioner Carey commended Commissioner Jacobs and Commissioner Halkiotis for their work in getting together with DOT and making things happen. Commissioner Jacobs added that Doug Galyon should also be included, the Transportation Board Representative, because he has to give his blessing to any of the projects within his area. 4. COUNTY MANAGER'S REPORT Jahn Link recognized EMS Director Nick Waters. Jahn Link assured the Board and the citizens that they are in the midst of initial preparations far this upcoming hurricane. Nick Waters said that they have participated with the State Emergency Management and the National Weather Service in conference calls and other emergency responders. All generators have been checked and tested and the Emergency Operations Center is staffed and ready. He gave the latest information on the hurricane forecast. If shelters are needed, Smith Middle School and C. W. Stanford will be open. He encouraged people not to go to the shelters unless they hear over the media the official word that shelters are open. Commissioner Halkiotis said that back in December some of the television stations were reporting shelters that were open in Orange County and some were not reporting for Orange County. The number to call and verify if shelters are open is 968-2050, the administrative office for Emergency Management. Commissioner Jacobs asked to add this to the County's phone recording on 732- 8181. Jahn Link said that if they activate the EOC and the shelters, they would da this. There will also be a link on the website. John Link introduced Economic Development Director Dianne Reid. Dianne Reid said that this weekend is the concluding event of the 250t" anniversary celebration for the County, pending the weather. She distributed an insert that was in the Chapel Hill Herald on Sunday. She recognized the sponsors of the event -CCB, News of Orange, WHCL, and the Chapel Hill News. Commissioner Jacobs asked about the parking and shuttles and Dianne Reid said that there will be free shuttles and OPT busses at Eubanks Road, New Hope school, CCB on Churton Street, and at Stanback school. The busses will run continuously throughout the day. John Link said that there has been a significant increase in the Planning Department for building permits. They are taking steps to reduce the waiting time. He introduced Planning Director Craig Benedict. Craig Benedict said that they have had unprecedented activity in building permits due to the low interest rates. They are trying to address the backlog and the building permit activity will continue and they are addressing this issue. Tomorrow they will start interviewing for an additional Inspector that was approved in this year's budget. It will take about a month to catch up. Commissioner Halkiotis pointed out that the adoption of new state building code in January requires staff to look at more items. He asked Craig Benedict to bring back the additional workload that has been put an the staff as a result of the new building code and what this means in the future. Chair Brawn asked John Link to set a time to cancel and re-schedule the public hearing on Thursday. John Link said that 12:00 p.m. tomorrow should reveal a goad indication of where the storm will be going. County Attorney Geof Gledhill said that if the idea of the Board will be to postpone it to another time, then the meeting tonight could be adjourned to a meeting tomorrow so that it can be kept alive without noticing another meeting. The Board could meet by conference call tomorrow at noon, for example. The Board agreed to have a conference call at 1:00 p.m. tomorrow to set a new time and date for the Thursday public hearing. 5. RESOLUTIONS OR PROCLAMATIONS a. Resolution -Recognition of Dr. Nels Anderson and Dr. Nancy Anderson and the Holden-Roberts Farm's Listing in the National Register of Historic Places The Board considered recognizing Drs. Nels and Nancy Anderson for their achievement in having their property, the Holden-Roberts Farm, listed in the National Register of Historic Places. Preservation Planner Tina Moon read the resolution. She said that she hopes this is the beginning of efforts to formally recognize local achievement in historic preservation. A motion was made by Commissioner Carey, seconded by Commissioner Barry Jacobs to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF RECOGNITION for Dr. NELS ANDERSON & Dr. NANCY ANDERSON WHEREAS, Drs. Nels and Nancy Anderson have been long-time residents of Orange County; and WHEREAS, the Andersons have been active stewards of the Holden-Roberts Farm for over thirty-five {35} years; and WHEREAS, the Andersons have maintained the Holden-Roberts Farm in a way that preserved its architectural character and historic significance; and WHEREAS, the Andersons have successfully undergone the rigorous process to have their property recognized through listing in the National Register of Historic Places; and WHEREAS, the Andersons have also encouraged the preservation of the cultural and archaeological resources along St. Mary's Road and the surrounding community; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners does hereby acknowledge Drs. Nels and Nancy Anderson for their accomplishment in having the Holden-Roberts Farm listed in the National Register of Historic Places, and thank them for their continued commitment to preserve the historic and rural heritage of the Holden-Roberts Farm and the greater St. Mary's community. This the 16th day of September 2003. VOTE: UNANIMOUS Dr. Nels Anderson said that it has been a pleasure to maintain the farmhouse far the last 40 years. b. Resolution Accepting Conservation Easement Conveyance -Rebecca Brown The Board considered a resolution approving a conservation easement agreement with Rebecca Brown for land along New Hope Creek in the Chapel Hill Township and to authorize the Chair to sign the easement, subject to final review by staff and County Attorney. Land Conservation Manager Rich Shaw made a presentation for the two items - b and c. The New Hope Creek Corridor project includes these two easements and is part of the Lands Legacy Program in collaboration with the Triangle Land Conservancy. The goal is to provide an open space corridor along New Hope Creek from Erwin Road down to the Durham County line. It includes about six properties. The corridor will link Duke Forest lands in Orange County with New Hope Creek open space lands and trails in Durham County. This is a key segment of the New Hope Creek Corridor master plan that the County adopted in 1989. The Rebecca Brown property is a 1.8-acre property adjacent to Erwin Road at the New Hope Creek Bridge. The TLC will use State Clean Water Management Trust Fund monies to purchase development rights from the Brown family, and then the easement will be conveyed to Orange County for future management and stewardship. The second property is the Trinity School of Chapel Hill and Durham. The school is located in Durham County, but there is an 18-acre tract behind the school along New Hope Creek. The school intends to keep the property undeveloped and develop some educational trails far the faculty and students. There will also be a pedestrian trail. Again, the TLC will use State funds to purchase development rights and convey the conservation easement to Orange County. The Manager's recommendation is that the Board adopts the two resolutions, approving acceptance of the conservation easement conveyance from the Triangle Land Conservancy. 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 FOR THE ACCEPTING A CONSERVATION EASEMENT TO PROTECT NEW HOPE CREEK CORRIDOR (REBECCA BROWN PROPERTY) WHEREAS, two 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 wildlife corridors and riparian buffers in water supply watersheds, and WHEREAS, Triangle Land Conservancy (TLC}, a private non-profit land trust with like conservation goals, is working with Orange County to acquire riparian lands and conservation easements for an open space corridor along New Hope Creek from Erwin Road to the Durham County line, and WHEREAS, protecting these riparian lands will preserve an identified wildlife corridor and provide an opportunity for developing a public trail linking sections of New Hope Creek in Duke Forest (Korstian Division) with public lands in Durham County, and WHEREAS, completing said trail corridor will help implement the New Hope Creek Corridor Master Plan, adopted by Orange County, Durham County, the City of Durham and the Tawn of Chapel Hill in 1989, and WHEREAS, TLC has agreed with Rebecca Brown on the purchase of a conservation easement to protect approximately 1.2 acres of a property that Ms. Brown owns adjacent to New Hope Creek at Erwin Road, and WHEREAS, TLC and the County have agreed that TLC will convey the conservation easement to Orange County, and WHEREAS, Orange County and TLC and Rebecca Brown have generally agreed on the language of said conservation easement to be purchased by TLC and conveyed to the County, 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 agrees to accept the conveyance of a conservation easement from Triangle Land Conservancy on approximately 1.2 acres of land awned by Rebecca Brown, to be executed at a formal closing on the property. This, the 16th day of September, 2003 VOTE: UNANIMOUS RCJVIU II VII /'144C{J Lllll.~ VVII.7C1 VQIIVII GQJCIIICIII VVIIVCr/A114C- I III II L}~ J411VV1 VI Durham and Chapel HiIIThe Board considered a resolution approving a conservation easement agreement with the Trinity School far land along New Hope Creek in the Chapel Hill Township and to authorize the Chair to sign the easement, subject to final review by staff and County Attorney. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION FOR THE ACCEPTING A CONSERVATION EASEMENT TO PROTECT NEW HOPE CREEK CORRIDOR (TRINITY SCHOOL PROPERTY) WHEREAS, two 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 wildlife corridors and riparian buffers in water supply watersheds, and WHEREAS, Triangle Land Conservancy (TLC), a private non-profit land trust with like conservation goals, is working with Orange County to acquire riparian lands and conservation easements for an open space corridor along New Hope Creek from Erwin Road to the Durham County line, and WHEREAS, protecting these riparian lands will preserve an identified wildlife corridor and provide an opportunity for developing a public trail linking sections of New Hope Creek in Duke Forest (Korstian Division) with public lands in Durham County, and WHEREAS, completing said trail corridor will help implement the New Hope Creek Corridor Master Plan, adopted by Orange County, Durham County, the City of Durham and the Town of Chapel Hill in 1989, and WHEREAS, TLC has agreed with the Trinity School of Durham and Chapel Hill on the purchase of a conservation easement to protect approximately 14.86 acres of a property that Trinity School owns adjacent to New Hope Creek, and WHEREAS, TLC and the County have agreed that TLC will convey the conservation easement to Orange County, and WHEREAS, Orange County and TLC and the Trinity School have generally agreed on the language of said conservation easement to be purchased by TLC and conveyed to the County, 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 agrees to the accept the conveyance of a conservation easement from Triangle Land Conservancy on approximately 14.86 acres of land owned by the Trinity School, to be executed at a formal closing on the property. This, the 16t" day of September, 2003 VOTE: UNANIMOUS c. Resolution Establishing a Carrbara Library 1Narkgroup trevisedl The Board considered adopting a resolution to establish a Workgroup to examine issues and opportunities relative to the current Carrboro Branch Library (at McDougle) as well as the creation of a "Cybrary" at the Carrboro Century Center; and modifying or further clarifying the charge to the Carrboro Library Workgroup, as may be desired; and appointing the members of the Carrboro Library Workgroup as the Board decides. Commissioner Jacobs has volunteered to work on this group. Commissioner Carey asked how the purple sheet is different than the original abstract. Assistant County Manager Gwen Harvey said that the there is a section on page three, which identifies the issues the staff heard when the Board discussed this on June 12th during a budget work session. Commissioner Jacobs said that he asked staff to include this section because he thinks it was important to reflect that this Board wanted to be proactive and that it is not just the response to other people's concerns. Commissioner Halkiotis said that he is comfortable with Commissioner Jacobs going forward. Commissioner Carey added another question to the list -What do we tell citizens when we build a school and use it for community purposes, like this one with the Carrboro library at McDougle? Commissioner Jacobs said that he would be sure there were minutes of the meetings. Chair Brown said that her thought was that the McDougle staff had concerns. She suggested meeting with the SGC. Commissioner Jacobs said that he does not know who the McDougle Partnership is. Library Director Brenda Stephens said that the partnership includes the media specialists at the elementary school and the middle school, the technology director, and the principals. Commissioner Jacobs suggested that someone on the SGC have a seat on the committee, as Chair Brown suggested. Commissioner Gordon made reference to the charge, review issues, and options and read, "and provide recommendations to the Board of County Commissioners in a timeframe that allows consideration and inclusion in the annual budget process." She suggested adding "for Orange County and the Town of Carrboro." This would be reflected in the resolution as follows: "Now Therefore Be it Resolved........thatellows consideration within the annual budget process of Orange Caunty and the Town of Carrboro." A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below, including the addition made by Commissioner Gordon: RESOLUTION To Establish a Carrboro Library Workgroup WHEREAS, the Orange County Library has partnered with McDougle Schools in Carrboro since 1996 for the shared use of public library space known as the Carrboro Branch Library; and WHEREAS, the Board of County Commissioners was presented with a proposal as envisioned in the Library Services Task Farce Report (2001) for the implementation of a "Cybrary" at the Century Center in Carrboro as part of the FY 2003- 04 Annua!Budget; and WHEREAS, upon hearing and receiving input from community stakeholders regarding the "Cybrary" proposal and its possible impact on the Carrboro Branch during budget deliberations, the Board decided to reserve the funding (estimated at $39, 406) associated with the start up of a "Cybrary", and given the degree of public interest, to consider appointment of a representative work group that could explore issues and opportunities connected with a Library presence in Carrboro; and WHEREAS, the Board believes that the concerns raised by the Friends of the Carrboro Library and the McDougle staff, and those expressed by the Board itself, combine to create a starting point for workgroup discussions which can render a set of recommendations back to the Board; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby establishes a Carrboro Library Warkgroup and authorizes the Workgroup to return with recommendations in a timeframe that allows consideration within the annual budget process for Orange County and the Town of Carrboro. This the 16th day of September, 2003. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. OWASA Update on Various WaterlWastewater Issues and Initiatives The Board heard a presentation as information by Orange Water & Sewer Authority {OWASA) officials and staff to provide the BOCC with more detailed information and an update of issues {new conservation ordinances, wastewater reclamation and reuse, demand management, water supply and demand projections) that were brought to the Board's attention in the OWASA's June 27, 2003 letter {attached) to the Chair and Mayors of Chapel Hill and Carrboro. Chair of the OWASA Board of Directors Bernadette Pelissier made the presentation. She said that she was not asking the Board to take any action tonight. She thanked the Board for approving the revised water conservation ordinance. They now have year round conservation measures in place. She made reference to the brochure, which was mailed to all OWASA customers. She said that they had to revise their demand projections and the water supply projections and they continue to do this. She highlighted that with the growth of the University, OWASA staff is providing technical support to the University on their planning efforts. She made reference to water reuse and said that it could not happen without the upgrades that are going to take place at the Mason Farm Wastewater Treatment Plant. This is the most expensive, largest project ever undertaken by OWASA. The project will cost $45 million. This is an upgrade and an expansion. The upgrade will reduce the amount of nutrients discharged and will also involve ultraviolet disinfection. The capacity will increase from 12 million gallons per day to 14.5 million gallons per day. The construction will begin next year far completion by 2006-2007. She described water reuse in detail. Reuse is commonly used for irrigation, cooling towers, boiler water, industrial process, toilet flushing, etc. OWASA would like to pursue water reuse because it saves the Cane Creek and University Lake water supplies for human consumption. Reuse would also provide a supply less vulnerable to droughts. OWASA and the University decided to jointly fund a study to look at the costs and benefits of water reuse. She then described the potential demand of water reuse at the University. The main demand far water reuse at the University is chiller facility cooling towers. The improvements needed to accommodate the water reuse include a new reuse pumping station at the Mason Farm Wastewater Treatment Plant and up to 25,000 feet of new reclaimed water distribution pipes. Regarding the costs, State and federal funding assistance will be pursued. The infrastructure will cost about $10-13 million. In the end, the cost of reclaimed water is expected to be less than drinking water. OWASA would like the Board of County Commissioners to partner in this project with OWASA, the University, the Town of Chapel Hill, and the Town of Carrboro to help obtain funding for this project. They are not going to ask the County for money, just for assistance in obtaining the funds. Commissioner Halkiotis asked about the $10-13 million and how much would come from the federal government. Bernadette Pelissier said that they would have to seek out the potential funding sources and how much they could get. They have no idea at this time. Commissioner Halkiotis said that he is thrilled with this possibility. Commissioner Jacobs said that when the University was approached about these years ago under another Chancellor who is noted far his cooperation with local government, they were interested. He is glad to see that the current administration, which gets bad press, has been following through on some sustainability goals. He is glad that OWASA is being proactive about the Jordan Lake nutrient discharges. Also, he said that he got an email from the Haw River Assembly who is concerned that other people interested in water quality at Jordan Lake have not been participating in some meetings by the State. He asked if OWASA had been participating in those. He would like to be kept abreast of this process. Bernadette Pelissier said that OWASA participates very proactively in everything that's happening relating to sustainability. b. Process for Addressina Humane Society of the United States Report on Animal Sheltering The Board considered a central grouping of major issues contained within the Humane Society of the United States {HSUS) Report on Animal Sheltering, and the possible creation of a representative task force to undertake a thorough review of the Report and submit its recommendations to the BOCC by the first BOCC meeting in January 2004. Jahn Link said that the HSUS report is rich in a number of recommendations and because of the magnitude of the information and the importance of the topic, the Board of County Commissioners needs to decide what medium they want to address these recommendations. The staff has grouped together some issues as they see them. Gwen Harvey explained how staff chose a work group and how they identified common groupings of principal issues. One of the hallmarks of the HSUS report is for a community task force. The staff has proposed a suggested charge and composition of the task farce. Chair Brown said that the report gives a different composition of the task force than what the staff has suggested. She asked about this. Gwen Harvey said that based upon the history and the local conditions and circumstances aver the past year, this is what shaped the staff recommendation. It is up to the Board. Commissioner Jacobs said that he is supportive of the structure, but he would suggest for the new task force to develop a vision or mission statement and then come back to the Board of County Commissioners so that they are in agreement with the direction. He would also like to see a proposed framework for proceeding to make recommendations. He thinks we have to include the towns as well as citizens expressing pleasure and displeasure with APS. Commissioner Halkiotis asked Chair Brown to expand on her concerns about the composition of the proposed task farce. Chair Brown said that she went back and read the HSUS material and their recommendation for the task force is different. The HSUS recommendation is a larger composition and this recommendation from staff is too narrow. Chair Brown said that the Board of County Commissioners needs to come up with the mission statement and the kind of shelter we can accommodate and that this is a transitional shelter. Jahn Link said that the Chair has given a good framework and maybe the staff has developed a leaner group and perhaps the Board needs to use a work session to have the discussion about the charge for this task force and the outcomes it expects. Chair Brown said that she remembers another thing that was emphasized, that the APS needed to do their own mission statement and vision and develop their own conception of what their organization wants to provide. Commissioner Halkiotis suggested that Chair Brown and Commissioner Jacobs or Commissioner Carey work with John Link and staff and come back with something on the task force. He does not feel comfortable dealing with this the way it is tonight. Commissioner Carey said that he would do it. Commissioner Gordon asked to what extent is this process linked with the County's decision about who operates the shelter. Jahn Link said that the two issues might have to run on separate timelines. He said that in order to give this the full measure of consideration for the best outcome, it will take more time than two to four months and this may not be the same framework that the Board of County Commissioners has to act on decisions on the operations of the shelter. The Board needs to work with staff in the next 30-60 days and come back with a reasonable timeframe to accomplish the big picture of the HSUS report and tackle the major issues. Commissioner Gordon would like to see the staff take the APS letter under advisement and come back with a staff recommendation. Commissioner Jacobs said that he is comfortable with whatever people work out as a structure. It is his recollection that HSUS recommended a much smaller group and a shorter timeframe. Chair Brown said that this APS letter gives her the impression that the APS is no longer financially a viable organization to carryon in operating the shelter. John Link said that they will come back in October and will analyze the proposal by APS and the County's administration. He will ask Finance Director Ken Chavious and Budget Director Donna Dean to assist other staff in looking at the request that's been made. He said that for the County operation it would still be at least five months from the point that a decision is made to change the operation. He does not think that this timeframe can be reduced. Commissioner Halkiotis said that he read the September 13t" letter and he feels that it sends a very urgent message out and pushes the timeframe up quicker. He encouraged the Manager to make a recommendation quickly. Commissioner Jacobs said that he would like the Manager to look at how our $400,000 is being spent at the APS and he would like a report back on whether it is being spent and appropriated in an efficient manner. Chair Brown would like to see a plan far the County taking over and maybe an interim piece that would be acceptable. NO ACTION TAKEN PUBLIC COMMENT: Elliot Cramer made reference to the report from Gwen Harvey a few weeks ago on the interim report on animal services. The report refers to the expertise of the Animal Control and Health Director. He said that clearly it is not Gwen's report; it is Rosemary Summers in every sense of the word. He said that Dr. Summers wrote it with assistance from County staff. He said that the basic assumptions come from John Souls and Laura Walters who are not motivated to assist the County in a takeover. He said that these assumptions are flawed. He believes that the report is inconsistent with the intent of the BOCC on June 17`" to obtain an alternative plan for the County to run the shelter. He said that instead of a plan, there is a new bureaucracy. He said that what is needed is a good shelter administrator, something the County has not had for almost two years. He pointed out an error in the County report regarding the number of kennel workers. He said that Dr. Summers overstates the number of animals coming into the shelter by 63%. The number is known to be 5,165 rather than the 8,330 she estimates. John Souls has recommended a single Animal Control Officer reporting 24 hours a day on weekends and 6:00 p.m. - 9:00 a.m. during the week. This is 123 hours far one man. There is a substantial overestimate of costs. He provided a budget for doing what APS does now. It will be desirable to do mare as HSUS suggests, but it will cost the County more. He said that County operation at the current level can be achieved for a cost to the County of $155,000, including a motor pool internal transfer of $21,000. An increase in fees would reduce the costs. He believes the County can and should take over the operation of the shelter and should do it soon. Bonnie Norwood made reference to the Neville Tract and that the inter-local agreement states that the property cannot be used for a landfill, but it does not say anything about an animal shelter. She thought the County could save some money by using the Neville Tract to put the shelter. 7. PUBLIC HEARINGS a. NCDOT Rural Operating Assistance Program (ROAP) Grant Funding The Board considered holding a public hearing and approving a FY 2003/04 Rural Operating Assistance Program (ROAP) fund application for $108,150 and authorizing the Chair to sign the Certified Statement of Participation. Department on Aging Director Jerry Passmore said that this is a continuing application, with an increase in $12,528 over the last year. The additional increase will be used far a rural public transportation component. There were no public comments. A motion was made by Commissioner Halkiotis, seconded by Commissioner Barry Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the application for Rural Operating Assistance Program funds {$108,150} for FY 2003J04, and authorize the Chair to sign the Certified Statement of Participation. VOTE: UNANIMOUS 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 The Board approved minutes from the August 25, 2003 BOCCJQuarterly Public Hearing. b. Appointments -None c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated herein by reference, related to 112 requests for motor vehicle property tax refunds in accordance with N.C. General Statutes. d. HUD Cooperative Agreement for Federal Fiscal Year 2003 This item was removed and placed at the end of the consent agenda for separate consideration. e. Agreement Between Chapel Hill Training and Outreach, Inc. and Health Department for Dental Services for Head Start The Board approved and authorized the Chair to sign an agreement for Health Department provision of dental services for the Head Start Program children offered by Chapel Hill Training and Outreach, Inc. f. Petition for Addition of Subdivision Road to the State Maintenance Program The Board approved the request to add Old Heritage Court to the State-maintenance Secondary Road System. g_ Legal Advertisement for Joint Planning Public Hearing -October 15, 2003 This item was removed and placed at the end of the consent agenda for separate consideration. h. Development Open Burning Restrictions (Zoning, Subdivision & Erosion Control The Board closed the public hearing and approved the proposed Development Open Burning Restrictions to the Zoning Ordinance & Subdivision Regulations and the Erosion Control Ordinance as recommended by Administration, Planning Board, and Planning Staff. i. Sponsorship Request: Many Cultures, One Race The Board ratified staff plans to make a $5,000 payment to EI Centro Latino to sponsor the racelwalk from appropriations already in place in the "Culture and Recreation" function of the 2003-04 operating budget. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA d. HUD Cooperative Agreement for Federal Fiscal Year 2003 The Board considered approving a Cooperative Agreement between Orange County and the United States Department of Housing and Urban Development {HUD) far services performed during Federal Fiscal Year 2003 and authorize the Chair to sign the agreement, subject to the approval of the County Attorney. Commissioner Gordon said that this is an IOU and she asked what the Board was being asked to do. Human Rights and Relations Director Annette Moore said that HUD twice sent the assistance award amendment letter with the wrong amount on it. They sent the correct one just yesterday. It reflects the amount that is on the agenda abstract - ~~a,oao. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Assistance Award/Amendment to the HUD Cooperative Agreement and to authorize the Chair to sign the agreement, subject to the approval of the County Attorney. VOTE: UNANIMOUS g_ Legal Advertisement for Joint Planning Public Hearing -October 15, 2003 The Board considered approval of the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for October 15, 2003. Craig Benedict said that Chapel Hill requested that the legal ad be modified to just include the rezoning specifics. The goldenrod copy is something that the Orange County Planning staff has agreed with Chapel Hill Planning staff that it is acceptable for the purposes of the JPA amendment. Commissioner Jacobs said that the Board has brought up several times the change to the rural buffer south of Chapel Hill and it never seems to get on the agenda. Craig Benedict said that on Octaber 15t they will be cleaning up some of the amendments and this will be addressed in the upcoming amendments in April 2004. Commissioner Jacobs said that we had problems with Carrboro in email communications and we said that from now on we would communicate in writing. He asked that this be put in writing. Commissioner Gordon asked the staff to mark the amended areas on the abstract A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Notice of Public Hearing for October 15, 2003. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Employee Health Insurance Renewal for 2004 The Board was to consider renewal of employee health insurance plans through the North Carolina Association of County Commissioners {NCACC) Health Insurance Trust and CIGNA effective January 1, 2004 including continuing the dependent subsidy at 52 percent. DEFERRED b. Amendment to the Subdivision Regulations Regarding Street Access for Maior Subdivisions The Board was to consider a proposed amendment to the Orange County Subdivision Regulations, Section IV-B-3-b. DEFERRED c. Amendments to Open Space Standards for Flexible Development Subdivisions The Board was to consider closing the public hearing and consider proposed amendments to the Open Space Standards in subdivisions following the Flexible Development option as proposed by Administration, Planning Board, and Planning Staff. DEFERRED d. Mill Creek II Subdivision (Section Two) - Preliminary Plan The Board was to consider the Preliminary Plan for Mill Creek II Subdivision (Section Twa) in accordance with the Resolution of Approval for Administration, Planning Board, and Planning Staff. DEFERRED A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the September 16, 2003 meeting until 1:00 p.m. on September 17, 2003 at the Government Services Center in order to have a conference call on whether or not to postpone the Public Hearing on the HSUS Animal Shelter Study (scheduled for September 18, 2003) to later date due to the possibility of inclement weather due to Hurricane Isabel. VOTE: UNANIMOUS CONFERENCE CALL MEETING SEPTEMBER 17, 2003 1:00 p.m. COMMISSIONERS PRESENT: Stephen Halkiotis COMMISSIONERS PRESENT BY PHONE: Alice Gordon and Barry Jacobs COMMISSIONERS ABSENT: Margaret Brawn, Chair and Moses Carey Vice-Chair Commissioner Gordon called the meeting to order and asked far any updates on the weather. Commissioner Halkiotis stated that he thought that it would be in the best interest of the citizens and the County to postpone the meeting of the scheduled HSUS Study from September 18, 2003 to the following week. Commissioner Jacobs suggested that the public hearing be moved to Thursday, September 25, 2003 at 7:30 p.m. at the Southern Human Services Center. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to postpone the scheduled Public Hearing from September 18, 2003 to September 25, 2003 at 7:30 p.m. at the Southern Human Services Center. VOTE: UNANIMOUS 10. REPORTS -NONE 11. CLOSED SESSION -NONE 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting at 1:20 p.m. VOTE: UNANIMOUS Note: Access the agenda through the County's weh site, www. co. orange. nc. us Margaret Brown, Chair Qonna S. Baker Clerk to the Baard