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HomeMy WebLinkAboutMinutes - 20031021APPROVED 213!2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 21, 2003 The Orange County Board of Commissioners met in regular session on Tuesday, October 21, 2003 at 7:30 p.m. in the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA -NONE PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 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 Jacobs proposed moving the report on the Upper Neuse River Basin Association's Watershed Management Plan from a report, item 10-a, to a special presentation, item 6-c. He said that the representative from the Upper Neuse is here and he would like for them to get to it this evening or reschedule it far another meeting. A motion was made by Commissioner Jacobs, seconded Commissioner Carey to move Item 10-a up to item 6-c. VOTE: UNANIMOUS Commissioner Jacobs said that the Rural Transportation Planning Organization committee met last week in Sanford and they discussed how the State Department of Transportation was moving toward embracing access management as a new strategy for improving the use of its transportation facilities. He volunteered that C7range County would host the next meeting and do a presentation on the Orange Grove Road access management plan and on public transportation. Commissioner Jacobs said that he and Commissioner Carey attended the Business Expo last week and that there were more vendors and visitors to the Expo than ever before. He said that Camp New Hope was marketing itself as a meeting facility. He would like for them to pair with Blackwood Farms. Commissioner Barry Jacobs said that he was looking at the agenda for TTA and he noticed that it was about to adopt legislative initiatives, and Commissioner Gordon is making the report. He wants to know what the legislative initiatives are that TTA is pursuing. Commissioner Jacobs suggested that all letters to other entities that the Chair writes be circulated for all Board of County Commissioners to review before they go out. Commissioner Jacobs said that he hopes that the November 20t" work session is televised since it will be first time that they will be discussing the school merger issue since the public hearings. Commissioner Jacobs said that he feels that this Board needs to take more control of the situation regarding the issue of school merger. He hopes that the Chair will come to the next work session with a plan and a timetable. He was pleased to see that the Orange County school board deferred making a decision on a district tax. He said that he thinks that the public does not understand what is going on or does not have a time frame for a decision. Commissioner Carey said that he agrees with Commissioner Jacobs and that there is no other timeframe except the public hearings and work sessions. He was assuming that at the first work session that they would have enough interchange to arrive at a timeframe for a decision. He was assuming that the Board would not make a decision until after the December 4t" public hearing. He also assumed that the work session would be televised. The public should get the information firsthand. He said that it is up to the Board to provide clarity to the public. Commissioner Jacobs said that he is concerned that if the Board waits until November 20tH to state that there is going to be a process, that it leaves another month for people to react to misinformation. The Board is the group that can offer some assurance that there is a method and a process that can be trusted. He said that a process should be in place before the Board adjourns for the winter break. Commissioner Halkiotis said that Commissioner Jacobs is on target. He agrees that this is like a tempest swirling around and the public is caught up in it. He made reference to an article today about busing 1,400 students. He said that there was wild speculation. He said that, with all due respect to the press, this is a Commissioner goal and not an election or a campaign issue. He thinks the Board needs to get a handle an it. He is not voting in November to merge the schools. This is not what the Board said in January when they set the goal to study the implications of merger. Chair Brown suggested moving the item for the goal from the November 20tH meeting to the November 11t" work session. Commissioner Jacobs agreed with this. Chair Brawn said that all of the Commissioners have their own opinion and it is only a goal. She said that the press has blown this up to be a decision process. This is the same process that was used to develop goals for watershed protection. The Board has been very deliberate about collecting information for months. She said that what she has heard is that the people want more information. A lot of people have learned that the school districts are different. She made reference to the information from Dr. Pedersen today about speculating how many students would have to be redistricted. The Board agreed to discuss school merger at the November 11t" work session. The work session will be televised. Commissioner Gordon said that she echoes what Commissioner Halkiatis said that it would help people if they knew when the Board would vote on anything and to let the public know the process for this. She said that her understanding about the information from Dr. Pedersen was that the Board asked the two school boards for information regarding how many students might have to be moved. She believes that both superintendents were responding to the questions. Chair Brown said that she thought it was individual County Commissioner questions and not questions as a Board. Commissioner Gordon said that both she and Commissioner Jacobs asked these questions but they were also in the list of questions approved by the Commissioners and included with the adopted commissioners' goal on possible school merger. She made reference to the Educational Impacts section of that goal and read off number two and number three and asked for the answers to these questions. Commissioner Carey said that there were two commissioners that asked the questions and he was the one that said that there is no way to know that information until the policies are known. He said that any numbers are sheer speculation. John Link said that the staff will bring back to the Board the information and he asked which venue would they like to have the work session in. Chair Brown would like to know the possibilities for the venue and what would be feasible. Chair Brown said that it is incumbent on the press to point out the fact that the County Commissioners' process began in January and the two dates far the public hearing have been set for months. There always has been a process and a timeline. Commissioner Gordon read from the Orange County Board of Commissioners adopted goal approved March 24, 2003 -Educational/Student Impacts, number three: A detailed analysis of the effects of a possible merger on students from both districts, including potential redistricting and the resulting transportation patterns for students in the two districts, including the degree to which extensive additional busing would be necessitated. She pointed out that this is right out of the goal, so all the County Commissioners asked this question. Commissioner Carey said that he attended the Orange County Business Expo and found it very enlightening and he would like to see more agri-businesses at future expos. Commissioner Carey said he represented the Board at the IFC 40t"anniversary celebration. There was also a tour of the women's facility. Orange County was recognized for its role in making this facility possible. He would like to commend the IFC for the role it played in providing housing far women and children in distress in Orange County. Congressman Price was also there to talk about the role of the federal government. Commissioner Gordon made reference to the blue sheets for item 5-b. There were some minor revisions. Regarding the TAC meeting, they have asked the Board of Transportation to release the HOU Congestion Management Study on I-40 that has been done for several months but has not been released. They also had staff send a letter to TTA regarding appropriate steps for the Phase II fixed guideway project (Durham to Chapel Hill). The TAC has decided, at the suggestion of Mayor Foy, to move forward with the 15-501 project and to ask the TTA to take the lead in seeing that it goes forward. Commissioner Gordan said that they got a report from Division 7 that the 15- 501 project south of Chapel Hill would not be finished until October 2004. It was supposed to be done by this December. Commissioner Gordon said that the Triangle Chairs met on October 14t". Chair Brown could not attend and she also could not attend. Karen Lincoln from Orange County attended and will distribute her notes. Commissioner Gordon said that TTA is looking at a legislative agenda and trying to get TTA projects funded. They want to get the rail project, phase one, into the President's fiscal year 2005 budget request. At the federal level, they need a full funding grant agreement and this has been held up. As far as the state legislative agenda, they need help on their exposure and their liability legislation. Commissioner Gordon said that because TTA has not yet received a federal full funding grant agreement, they need another immediate source of funds to proceed with the Phase I regional rail project. TTA wants the State to move up its appropriations of $71 million. Right now TTA only has $30 million available. TTA is also looking at borrowing mechanisms. She said that tomorrow they will vote on authorizing expenditure of funds to match an advancement of State funds in anticipation of receiving a federal full funding grant agreement. She said that TTA is also recruiting for a general counsel. Commissioner Gordon made reference to the school merger issue and said that the Commissioners have been getting various financial scenarios about funding of a merger and what has come up is the effect of merger on the tax rate. She said that there is a difference between the tax rate and the tax bill. She said property owners in the Chapel Hill-Carrboro City School district will pay a little more but property owners in the Orange County School district will pay a lot more. She explained how the tax rate and the tax base work together. Commissioner Halkiotis suggested sending an expression of sympathy to the family of Ed Caldwell who passed away. Commissioner Halkiotis said that the Board had something to do with the design approval for Churton Grove Plaza. He made reference to the eastern most entrance and exit to that facility where there are only arrows in the road that say that you can only go to the right. He was heading west on US 70 the other day and a Brinks truck came out and went over the concrete barrier island because the driver realized he was going the wrong way. Also, there is a bottleneck on the I-85 overpass by the new Wal-Mart. He would like to know the plan to correct these situations before there are additional accidents. Commissioner Halkiotis said that tonight in the news, it was reported that a developer in Wake County is going to move a cemetery to build a development. He said that he would like Commissioner Jacobs and Commissioner Carey to speak at the next work session about smart growth. Chair Brown made reference to the JPA meeting where a citizen brought to their attention a safety problem with walking to Chapel Hill High School along Homestead Raad with no sidewalks and with heavy traffic. She asked the Sheriff to look at this and there will be a speed limit machine there and deputies will be there when children are walking. They are also looking into DOT's long range planning for the upgrading of Homestead Road. Commissioner Jacobs said that having walkable schools is one aspect of smart growth. Chair Brawn said that the Board asked the school boards to be part of this discussion on how to make this a safe area for children to walk to school. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS OR PROCLAMATIONS Proclamation to Mark the 40th Anniversary of the Inter-Faith Council for Social Service iIFC1The Board considered a proclamation recognizing the Inter-Faith Council for Social Service (IFC) as it prepares to celebrate its 40t" anniversary of helping to provide a "safety net" for people in need throughout the greater Chapel Hill and Carrboro community, declaring October 2003 as "IFC Month", and authorizing the Chair to sign. Commissioner Halkiotis read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiatis to approve and authorize the Chair to sign the proclamation as stated below: A PROCLAMATION TO COMMEMORATE THE 40t~' ANNI~~ ERSARY OF THE INTER-FAITH COUNCIL FOR SOCIAL SERVICE AND TO DEC"CARE OCTOBER AS "IFC 11~TONTH" t~~HEREAS, the Inter-Faith Council for Social Service (IFC} was founded in 1963; and, WHEREAS, 40 years later, IFC remains true to its mission as IFC volunteers and staff continue to advocate, counsel and provide services in Orange County; and, YTIHERF~IS, IFC offers a variety of services and programs including the Community House shelter, Crisis Intervention Services, Homestai-t program for homeless women and children and food programs including the Community Kitchen in Chapel Hill and the IFC Food Pantry in Carrboro; and, WHEREAS, IFC is one of the largest social service agencies in Orange County, working on behalf of the disenfranchised, the poor and the hungry; and, T~l'HEREAS, during the past year, 1,069 homeless individuals spent the night at Community House; and, WHEREAS, during the past year, 600 Community Kitchen volunteers served nearly 80,000 meals; and, YVHEREAS, the Inter-Faith Council is celebrating its 40~' anniversary; and, t~THEREAS, on Thursday, October 23, 2003, the Inter-Faith Council for Social Sen~ice invites community members to its annual meeting to celebrate the past 40 years and plan for the future; and, WHEREAS, Orange County encourages County employees and County residents to become involved with IFC as a volunteer, advocate or donor; NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of Commissioners, do recognize and commend the efforts of the Inter-Faith Council for Social Service as it prepares to celebrate its 40~' anniversary of helping to provide a "safety net" for people in need, and declare October 2003 as "IFC 14lonth". This the 21St day of October, 2003. VOTE: UNANIMOUS a. Resolutions Endorsing Orange County Transportation Priority List for 2006- 2012TIP The Board considered endorsing a list of priority transportation projects in Orange County for the North Carolina Department of Transportation (NCDOT) 2006-2012 Transportation Improvement Program (TIP) and for the Durham-Chapel Hill-Carrboro Metropolitan TIP (MTIP} and adopting the resolutions endorsing the desired alternatives. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to endorse the list of priority transportation projects in Orange County for the North Carolina Department of Transportation (NCDOT) 2006-2012 Transportation Improvement Program {TIP} and for the Durham-Chapel Hill-Carrboro Metropolitan TIP (MTIP) and adopt the resolutions endorsing the desired alternatives. Commissioner Carey asked for an explanation of the blue sheets. Karen Lincoln explained the resolutions (blue sheet) on the 2003 Cycle Potentially Hazardous Locations of Probable Interest. These are projects for consideration of inclusion in the priority list. The other two attachments are comments to be submitted to Division 7 and the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization regarding projects that are currently in the TIP. The changes are in bold print. Commissioner Jacobs made reference to pages 25, 26, and 27 and said that the word "recommendations" is misspelled. He said that when we talk about landscaping interchanges, he thinks it is important to have native plants. He pointed out number nine on page nine and the I-85 widening addresses the NC 86 overpass. The question is how to highlight this further. He said that it is so late in the process that it is hard to make any changes. He suggested a group to look at these issues before they get too far in the process, because some of the issues need to be examined more closely. He said that he would bring forward the proposed advisory board at the work session. A RESOLUTION CONCERNING PROJECTS TO BE CONSIDERED FOR INCLUSION IN THE 2006 - 2012 DURHAM-CHAPEL HILL-CARRBORO 11~IETROPOLITAN TRANSPORTATION INIPRO~'E1~IENT PROGRAM WHEREAS, the North Carolina Board of Transportation and the Durham-Chapel Hill- Carrboro Metropolitan Planning Organization (NiPO), every two years, prepares a Transportation Improvement Program that identifies transportation projects scheduled for State and Federal funding over the next seven years; and WHEREAS, the North Carolina Board of Transportation and the MPO solicits input for identifying transportation projects of local and regional importance to be included in the FY 2006-2012 Transportation Improvement Program; and WHEREAS, Orange County, as a member of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, will continue to work with the Transportation Advisory Committee (DCHC TAC) to develop a complete list of project priorities for the portion of Orange County that lies inside the urbanized area bounda7y; and WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and NOy~', THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: The Board of County Commissioners endorses the attached priority list of transportation projects to be considered for inclusion in the FY 2006-2012 Transportation Improvement Program; and 2. The Board of County Commissioners provides the attached comments concerning local transportation projects contained in the 2004-2010 DCHC Metropolitan Transportation Improvement Program. A RESOLUTION CONCERNING PROJECTS TO BE CONSIDERED FOR INCLUSION IN THE 2006 - 2012 TRANSPORTATION IMPROVEMENT PROGRAM DIVISION 7 PROJECTS IN ORANGE COUNTY WHEREAS, the North Carolina Board of Transportation, every two years, prepares a Transportation Improvement Program that identities transportation projects scheduled for State and Federal funding over the next seven years; and WHEREEIS, the North Carolina Board of Transportation solicits input for identifying transportation projects of local and regional importance to be included in the FY 2006-2012 Transportation Irnprovernent Program; and WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and NOt~', THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: The Board of County Commissioners endorses the attached project priority list of transportation projects to be considered for inclusion in the FY 2006-2012 Transportation Improvement Program; and The Board of County Commissioners provides the attached comments concerning local transportation projects contained in the 2004-2010 Transportation Improvement Program. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Certificate of Achievement For Excellence in Financial Reporting The Board recognized the staff of the Orange County Finance Department far earning the Government Finance Officers' Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. John Link said that under Finance Director Ken Chavious, the County has received this award for 22 years consecutively. This is an outstanding achievement. Ken Chavious recognized the staff -Howard Fitts and Debbie Smith, and new staff member Catina Curry. He asked that the official record show that the Finance staff accepts this award in the memory of Joyce Holmes, who passed away recently. The Board agreed. b. One Community Protect The Board received information on the "One Community Project", a project of the Orange County Human Rights Commission, and to promote and encourage widespread community interest and involvement. Director of Human Rights and Relations Annette Moore said that they received a grant from the State earlier this year for $1,500 to do projects that promote positive dialogue and positive interaction between diverse groups of people around the County. Kathy Young, a member of the Human Rights and Relations Commission, explained the two projects that they have been working on. One is a film that they are going to show and they have been working with the Northern Orange NAACP, the librarians from the three area libraries, and the community dinner on this process. The film is entitled, "An Unlikely Friendship." The film will be shown in northern and southern Orange County. It will be shown at the Horace Williams House on November 5th at 7:00 p.m. and at the Northern Human Services Center on November 6th at 7:00 p.m. To kick off the "One Community-One Boak" effort, they will be reading the book as a community. The Commission will have copies of the book as well as the libraries and bookstores. The book, Summer Snow, is by a local writer, Trudier Harris Lopez. The venues for discussion are yet to be determined. The kickoff is December 1St c. Upper Neuse River Basin Association's (UNRBA) Upper Neuse Watershed Management Plan (originally 10-a} The Board received a report from Mr. Chris Dreps of the Upper Neuse River Basin Association (UNRBA) on the Upper Neuse Watershed Management Plan and the recommendations for the portion of Orange County that lies within the Neuse River Basin. Planning Director Craig Benedict said this organization has been put together by the State and the regional governments in the Upper Neuse River Basin. They have been working on water quality issues. Executive Director Chris Dreps gave a PowerPoint presentation. He said that most of the strategies include all of the six counties in the Upper Neuse River Basin Association. He gave a history of the UNRBA. In 1999, the State appropriated $300,000 to create the Watershed Management Plan. In April 2003 the management plan was unanimously accepted by the Board of Directors for consideration by local governments. The major goals of the plan are to protect water quality and aquatic habitat. The plan will not be implemented until each local government implements the recommendations in the plan. Drinking Water Quality Impacts: • Chlorophyll a targets set by water supply managers Existing regulations barely adequate to meet targets through 2025 Low build out exceeds targets for most watersheds • High build out exceeds targets for all watersheds except Falls Lake intake Recreation and Habitat Impacts: + In-stream impacts {impervious area) Existing regulations pace threats to habitat and recreation areas He showed several maps of impervious area and projections for impervious area. 5 Watershed Management Techniques: • New development site management • Monitoring and enforcement • Education/citizen stewardship • Point Source Controls • Streamlwetland restoration New Development Site Management- Overarching Strategy: • Shaping where growth occurs Distinct urban versus conservation zones Hold existing requirements constant in urban/suburban zones Increase requirements in conservation zones to meet targets Strategies Recommended for Orange County: • Density limits ar performance standards • Enhanced peak flow management • Watershed-wide monitoring • Septic systems {inspections, information management, education) • Enhanced construction, site inspection, and enforcement action • Enhanced animal operations inspections • Storm water quality BMP inspection and enforcement • Low-impact design education • Targeted land acquisition • Buffer maintenance education • Agriculturallforestry BMP's • General watershed education and adopt-a-stream program • NPDES program requirements • Stream and wetland restoration projects • Storm water retrofit projects Additional considerations for Orange County: • opportunity: S. Fork Flat, N. Fork Little, and Seven Mile Creek/Eno are targeted by NC Wetlands Restoration Program for Local Watershed Plans. • Partnering with UNRBA on pilot and research projects • Adopting phosphorous and nitrogen performance standards The additional programmatic costs would be less than $8,000 for the recommendations. The major expense ticket would be the mandatory five-year septic inspections and maintenance program. He said that he would like to continue to work with staff on specific recommendations. The UNRBA has money to put together a detailed implementation plan and will be proposing it to their Board of Directors in the next two weeks. Commissioner Halkiotis said that he would like to include this in the work session on smart growth and to also include the timbering issue. The latest travesty is the clearing of the tract of land in Efland, including the 100-foot State mandated buffer along the interstate. Commissioner Jacobs made reference to the wetlands restoration program and asked Chris Dreps if he had talked with Dave Stancil's office (ERCD) about this. Chris Dreps said that he had talked with Rich Shaw about this. 7. PUBLIC HEARINGS-NONE 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board as listed below: June 23, 2003 BOCC Budget Work Session June 26, 2003 BOCC Regular Meeting September 15, 2003 BOCC Work Session b. Appointments -None c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 59 requests for motor vehicle property tax refunds. d. Board of Commissioners Meeting Calendar for Year 2004 This item was removed and placed at the end of the consent agenda for separate consideration. e. Lease Renewal: Driver License Office at Carrboro Plaza The Board approved the five-year renewal for 1,600 square feet of space to be used by the Division of Motor Vehicles for a Driver's License office located at Carrboro Plaza, contingent upon execution of the Memorandum of Understanding by DMV; and authorized the Chair to sign the lease on behalf of the Board; and authorized the Manager to sign the Memorandum of Understanding between the County and DMV. f. Bid Award: Furnish and Install Rubber Floor Tile at Whitted Building The Board awarded bid number 1342 to Floor Masters, Inc. of Burlington, North Carolina at a total cost of $71,662; and authorized the Purchasing Director to execute the necessary paperwork. g_ Non-Emergency Private Ambulance Franchise Application This item was removed and placed at the end of the consent agenda for separate consideration. h. Petition for Addition of Glenn Street to the State Maintenance Program The Board approved the request to add Glenn Street to the State-maintained Secondary Road System. i. Re-authorization of County Participation in the Triangle Area Water Supply Monitoring Project The Board reauthorized the County's continued participation in the Triangle Area Water Supply Monitoring Project (Phase 5) for the next four years and authorized the Manager to execute the interlocal agreement. L Budget Amendment #4 The Board approved the budget ordinance and capital project ordinance amendments for fiscal year 2003-04 for Library Services, Department of Social Services, Sheriff Department, Human Rights and Relations Department, Health Department, and Whiffed Human Services Center. k. Confirmation of Funding Commitments for Homestead Aquatics Center and Southern Community Park Projects This item was removed and placed at the end of the consent agenda for separate consideration. I. Piedmont Wildlife Rehabilitation Center -Follow Up to Budget Decision This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA d. Board of Commissioners Meeting Calendar for Year 2004 The Board considered final approval of the regular meeting schedule for the Board of County Commissioners far calendar year 2004. Commissioner Jacobs suggested on May 20t" to add a planning work session following the budget presentation. Commissioner Gordon suggested that on the orange sheet to move the Legislative Breakfast from Friday, March 26t" to Monday, March 29t". The Board agreed. Commissioner Jacobs asked about the June 23rd meeting being changed to the 24t" and Commissioner Gordon said that it was her suggestion because she had a TJCOG meeting on the 24t". The other Commissioners decided to keep the meeting on June 23rd A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the regular meeting schedule for the Board of County Commissioners for calendar year 2004, with suggested changes. VOTE: UNANMOUS g_ Non-Emergency Private Ambulance Franchise Application The Board considered awarding anon-exclusive franchise to provide non- emergencyambulance transportation services to NEMTA, Incorporated of Chapel Hill, North Carolina {NEMTA is the incorporated name of Non-Emergency Medical Transit Authority of the Carolinas, a new corporation based in Chapel Hill). Commissioner Jacobs asked about an update on comprehensive planning on this. Emergency Medical Services Director Kent McKenzie said that they do have it on their work list to put together a comprehensive report on non-emergency transportation. Commissioner Jacobs asked John Link to work with staff to schedule a report. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to award anon-exclusive franchise to provide non-emergency ambulance transportation services to NEMTA, Incorporated of Chapel Hill, North Carolina. VOTE: UANIMOUS k. Confirmation of Funding Commitments for Homestead Aauatics Center and Southern Community Park Projects The Board considered approving two resolutions that would confirm the remaining amounts pledged by the Orange County Board of Commissioners for the Homestead Aquatics Center and Southern Community Park projects. Commissioner Jacobs said that he read an article in the paper where Council member Bateman talked about how nice it was to finally be able to tell citizens the timeframe for these projects. He asked staff to state when construction will begin an Southern Community Park and an the Aquatics Center. The special use permit for Phase 1 is supposed to start November 1, 2003 for Southern Community Park, with a completion date of August 1, 2006. The Aquatics Center target date is also 2006 and should start on a parallel course with the park. A motion was made by Commissioner Jacobs ,seconded by Commissioner Halkiatis to approve two resolutions, which are incorporated by reference, that would confirm the remaining amounts pledged by the Orange County Board of Commissioners for the Homestead Aquatics Center and Southern Community Park projects. VOTE: UNANIMOUS I. Piedmont Wildlife Rehabilitation Center -Follow Up to Budget Decision The Board considered moving forward with the release of $20,000 that was placed in reserve in the current budget as a contribution to the Piedmont Wildlife Rehabilitation Center as a contribution towards the Center's operation in Orange County. Commissioner Carey said that his questions relate to the fact that the Board had communicated that it would discuss this and make decisions in the context of the HSUS report. The Board has not had the opportunity to have this discussion yet. He realizes that approving this $20,000 will not limit the options, but he asked what this was based on. He also asked what kind of grant this was referring ta. Assistant County Manager Gwen Harvey said that this is seen as an operational grant and was presented as an original request. Regarding the first question, she said that the HSUS report is a manual prepared for the animal shelter but there is nothing in there that addresses wildlife. She made the statement in the abstract that this opportunity would not preclude or foreclose any opportunities on the operation of the actual shelter. The County has never funded wildlife as a separate feature. Dr. Schopler said that this is a first time request for operational funds for the Piedmont Wildlife Center and he would not preclude asking the Board of County Commissioners for future funding or funding from other counties. He showed a chart of where animals have come from. Orange County is not their only source of funding but they are asking other counties for funding, too. There are no other commitments for funding yet. Public Comment Ann Peterson, APS Board member, spoke an behalf of the entire APS Board. She read the first part of her prepared statement. They have met with the Piedmont Wildlife Center, Dr. Schopler, and Joe LoBuglio, PWC President, to mend some fences and to ensure that they are working together to be sure that all wildlife and domestic animals in Orange County are properly taken care of. Instead of fighting with each other, the organizations are now working together. They understand the PWC has asked for $20,000 far County support for the program. The APS Board supports this request and asked that the Board of County Commissioners provide the funding. Commissioner Gordon said that her take on this is that this is a one-time fundinc and then the Commissioners will consider more later. y John Link said that Dr. Schopler's request is like a hundred requests that the County receives from outside agencies and they review each request and they will do that next year. A motion was made by Commissioner Halkiatis, seconded by Commissioner Jacobs to approve the Manager's recommendation that the County will release $20,000 that was placed in reserve in the current budget as a contribution to the Piedmont Wildlife Rehabilitation Center and designate it as a contribution towards the Center's operation in Orange County. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Possible Options for the Future Operation of the Orange County Animal Shelter The Board considered information and possible options for the interim operation of the Animal Shelter while transitioning to a longer-term governance structure is considered and implemented. John Link said that APS stated in their proposal that it was willing to operate the Orange County Animal Shelter from October 1, 2003 -January 31, 2004, provided the County Commissioners had a set of conditions, including full compensation for the cost of the shelter operations. It further stated that if the County Commissioners were unwilling to respond favorably to this request, that they would be willing to provide full support in management and operation under the current contract extension from October 1, 2003 -December 31, 2003. During that period, APS would cooperate fully with the County in effecting an orderly transition of the responsibility far management and operation of the shelter. John Link said that the approach the County takes with funding outside agencies is the same for all - to work with the non-profit and arrive at an amount of money to conduct a public purpose. The County never appropriates funding based on line-item budget presentations. He said that this proposal in the middle of the fiscal year puts the County in an awkward position, because this is a substantial amount of money outside the budget process. John Link said that the additional costs of $4,229 per month, as a result of the HSUS report recommendations, could be considered for approval. He described the two interim options for Animal Shelter operation. Interim Option A -Continue with APS with Increased Funding: The Board of Commissioners could decide to continue the contract for the Shelter with the APS on a month-to-month basis (through January 2004) with an increased level of funding in an amount reflected as a result of the County staff review. Interim Option B -Seek Proposals far Interim Shelter Management and Operation: The Purchasing and Central Services Director has worked with the Manager's Office, County Attorney, Personnel, and the Health Department to develop the key components of a Request for Proposal for Interim Management an Operation Services to be sent to interested parties, including the APS. The staff is asking the Board to make a decision on the interim management of the animal shelter at the meeting of November 18th. The Board should also decide whether the operation of the shelter and Animal Control should be administered by the Health Department, the Manager's office, ar some other entity long term. The staff recommendation is as follows: 1. Deny the APS request far additional monthly funding in the amount of $10,636 through January 31, 2004 because: a} The line item approach for funding the APS is requesting is different from established practice with other non-profit partners b) A significant portion of the increase relates to personnel decisions made solely by the APS Board 2. Consider the analysis for additional funding and approval of additional funding in the amount of $4,229 to the APS an a monthly basis through January 2004, because it relates most directly to the desired operation of the Shelter as described by HSUS in their report. 3. Should the Board decide to grant an increase in monthly funding to APS - as referenced above -the Manager recommends that the increase be effective October 1, 2003. 4. Direct the County Manager to convey the Board's decision an additional funding to the APS and request formal written response no later than November 5, 2003. 5. Approve the key components of the Request for Proposal, for Interim Animal Shelter Management and Operation Services (Identified as 1-7 on page 3), with any modifications or alterations as may be desired. Public Comment: Ann Peterson spoke an behalf of the Board of Directors of APS. They reviewed the County staff's proposal, but have not had a chance to discuss it as a board. They will discuss it and report back by the deadline of November 4t". They feel that the additional funding will help them a great deal. The APS board members have individually agreed to pay for the after-hours EARS program for Orange County out of their own personal funds, not APS funds, until they see what the County's contractual arrangements will be with APS. They will try to keep operating EARS as long as possible. She said that they acknowledge that they have spent too much time being defensive instead of trying to mend fences and improving what needs to be improved. They are committed to moving forward on a positive, open, and responsive basis. She spoke about some of the changes being made: restructured board meetings to be more open and responsive, looking at overall approach to APS membership, working on fundraising and controlling operational costs, and working on restructuring the organization. They will continue with mare changes. They ask that their sincerity and commitment be judged by their actions. APS Board member John Guibert said that he was not speaking on behalf of the board since he did not have a chance to share with them his remarks. He made reference to Finance Director Ken Chavious' review of the proposal and said that there are a number of statements that are potentially misleading. He said that this is not because of any improper behavior or motive, but he does not believe they were able to interact sufficiently to share information to allow the staff to complete the review. He spoke to Ken Chavious today about his concerns, and there is a good understanding as to what additional information is required to complete the review. BJ Norwood deferred her time to speak to Elliot Cramer. Elliot Cramer said that he has been told that the Board of County Commissioners cares as much or mare about the welfare of animals as he does. He believes this, and he thinks that what the Board has done thus far shows the concern. Anne Marie Meyer said that she hopes that the APS is changing and is sincere, but she has seen some misleading evidence in the recent newspaper editorials. She is not a friend of Judith Reitman or Elliot Cramer, but everything in the newspaper has only been the Reitman and Cramer controversy and there has been no acknowledgement of the numerous other people who have spoken out against APS or even feedback that has been coming in the last year and a half. She has never spoken to a member of the APS board and she has doubts about their willingness to change until other concerns are addressed. Commissioner Carey asked if the questions raised with APS make any difference in the recommendation from staff. Ken Chavious said that he was only able to do so much within the timeframe and one of the problems was simply not having enough information. He saw the "after" but not the "before" and he needs to see that before he can give an ample assessment. They did not have enough time to look into everything, especially when it involved a reallocation. He does not know if it would make a difference in the recommendation. John Link said that he asked Ken Chavious to identify the expenses as they relate to the operation of the shelter and not to look at specific actions as they relate to personnel. Ken Chavious said that he was sorry that APS took the report the way they did because he did not mean any ill intention. Commissioner Gordon asked if the request for proposals could be worded so that the responder could indicate the dates that they would be willing to da it -until June 30t" or longer. The other idea is to have a third entity to operate the shelter other than Orange County. John Link said that they could pursue this process. He is focused on the continuing operation of the shelter between now and the end of June. Commissioner Jacobs said that he would like to hear on November 18t" what has happened to volunteerism since the County has taken over the rescue squad. He thinks that volunteers have been an important component of the APS at the shelters. He wants to keep volunteers in APS. He would like to look at what happened at the rescue squad and see how that affected volunteerism. Commissioner Jacobs would also like to know how the County's $430,000 is spent Commissioner Jacobs said that he thought Commissioner Carey and Chair Brown were to work on a proposal for a task force. He would rather not wait until December, which is what the recommendation says. Chair Brown said that they could do that in November. Commissioner Halkiotis verified that John Link is proposing option B. Commissioner Halkiotis echoed what Commissioner Jacobs said about volunteerism. He does not want to contribute to more bureaucracy. Commissioner Carey said that they might want to consider looking at the volunteers at the rescue squad but be careful not to expect too much since it has been less than a year. He supports the Manager's recommendation. Chair Brown asked Ann Peterson about the letter APS wrote and at what paint did APS decide not to be in the partnership the County has with non-profits. The expectation with non-profits is that the organizations work on their funding end also. She gets the sense that the APS does not want to contribute anymore. Ann Peterson said that there was misunderstanding that they assumed that in June that the Board of County Commissioners knew that APS had been contributing a substantial amount to run the shelter. The money from the County is not the entire amount needed to operate the shelter. They want to continue contributing, but they will have trouble doing this on a month-to- month basis. They are still willing to contribute. Jahn Guibert said that if the APS runs on a month-to-month basis, it is hard and it does affect fund raising and staff retention. Chair Brown made some suggestions for page three (key components of the proposal): - monthly report to Board of County Commissioners an the operations - include a volunteer piece and a verification process - commentary on the philosophy for managing a shelter (applicant should read the HSUS report} Commissioner Carey said that he is concerned about the issue of the policy of a "no kill" shelter or a different policy and they need to tie it down so that the proposals can be compared better. John Link said that they will specify how the applicants should respond with how to manage the shelter, given the parameters and restrictions of the shelter itself. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Manager's recommendation as stated above {1-6), with the additions by Chair Brawn. John Link said that, specifically, the Board is appropriating the additional $4,229 per month through January 2004. VOTE: UNANIMOUS b. Orange Community Housing and Land Trust- Consideration of Mission, Guiding Principles and Goals The Board received an update from Orange Community Housing and Land Trust (OCHLT) an its plans, progress, and activities, and considered formally endorsing its "Mission Statement, Guiding Principles, and Organizational Goals". Gwen Harvey said that discussions on this started in the summer with Chair Brown and Mayor Foy in reference to Orange Community Housing and Land Trust and how communication and collaboration could be improved for continual affordable housing in the community. OCHLT Board member Ruffin Slater thanked the Board of County Commissioners for its support. The number of houses in the land trust this year is going from 25 to 80. The merged organization is relatively new and they have been putting energy into establishing the broad direction of the organization. Chair Brown made reference to page three, Roman numeral I and asked what they would focus on -new housing or renovations. Executive Director of OCHLT Robert Dowling said that they are doing some renovations on two houses now and he thinks that they do not have expertise on staff to do major housing rehabilitations. They do not have a next project and this is a good time to ask all the governments what they want OCHLT to do. Chair Brown said that it appears that they prefer to do new housing and are not favoring rehab houses, renting, or working with special needs housing. Robert Dowling said that very low income has not been their focus since their inception, but they could develop housing far this population. They are not social service providers, but he is going to talk with Chris Moran and OPC about developing housing for their clientele. Chair Brown asked for clarification of their niche markets. Robert Dowling said their market is 65°10-80°~ of median income. Chair Brown asked Robert Dowling to steer the Board to understand what their niche is in the non-profit affordable housing community. Commissioner Gordon said that the statement of organizational goals is not as rich as the memo on September 15t". She asked Robert Dowling what he thought he could do with affordable rentals. She asked about the target and goal for Roman numeral I I. Robert Dowling said that their goal is broad. They would like to develop a small transitional rental facility like affordable rentals. Chair Brown said that there have been suggestions from builders that would contact OCHLT to support them as a piece in increased density. As long as there is support far the affordable housing piece, then the developer gets to increase the density. The money to do this comes back to HUD or bands, etc. She asked haw they see this use of public funds. Robert Dowling said that they do not endorse private sector developments. Commissioner Jacobs said that some of the organizational goals are similar to the goals of the Affordable Housing Advisory Board. He said that they could use that board to encompass some of the goals far OCHLT. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to endorse the organization's "Mission Statement, Guiding Principles, and Organizational Goals." VOTE: UNANIMOUS Robert Dowling said that they are giving back to the County $350,000 from Rosemary Place at Meadowmont. c. Growth Manaaement Svstem -Amendments to Zonina and Subdivision Ordinances) The Board was to consider closing the Public Hearing and making a decision on the proposed Growth Management Amendments to the County's Zoning and Subdivision Ordinances, a proposal which would require major subdivisions of property to follow either the current process, a Planned Development process, or a Class A Special Use Permit process depending upon location, (which is a product of transition areas and water and sewer availability) and number of lots. Recommendations: Planning Board -The Planning Board, by majority vote (8-1, See Draft Minutes, Attachment 8} on September 3, 2003, recommended that the Board of County Commissioners (BOCC} approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached map (Option 1 presented at the August 25t" Joint Public Hearing) for designating Urban and Rural areas; and b. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing 20 or more lots (versus greater than 40 lots as proposed by the Administration). Administration -The Administration recommends the BOCC approve the proposed Growth Management System amendments with the following specifications: The use of the attached Growth Management System Map (Option 1 presented at the August 25t" Joint Public Hearing) for designation "Urban and Rural Designated" areas; and In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. The legal advertisement {Attachment 9) for the August 25, 2003 Joint Public Hearing does not support, from a legal notification standpoint, the Planning Board's recommendation stated above in Planning Board, Part "b". Therefore, should the BOCC choose to consider the Growth Management System, including the Planning Board's recommendation, it is suggested that the BOCC approve and adopt the amendments as noted in "Administration" above and then direct Staff to proceed towards the new lot number threshold (41 lots to 21 lots) through a new legal ad process and a November 2003 Public Hearing. DEFERRED d. APPOINTMENTS (1~ Human Relations Commission The Board was to consider an appointment to the Human Relations Commission {HRC} to Position #10, resident within Chapel Hill City Limits, for a term to expire June 30, 2004. DEFERRED (2) Orange County Planning Board The Board was to consider appointments to the Orange County Planning Board for Position No. 3 -Cheeks Township, full term to expire March 31, 2006 and Position No. 9 -Eno Township, unexpired term to expire March 31, 2005. DEFERRED (3} Orange Community Hausing and Land Trust (OCHLTI Board of Directors The Board was to consider an appointment to the Orange Community Housing and Land Trust (OCHLT}. DEFERRED 11. CLOSED SESSION -NONE 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to adjourn the meeting at 10:40 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board