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HomeMy WebLinkAboutMinutes - 20040203APPROVED 4/1 312 0 04 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 3, 2004 The Orange County Board of Commissioners met in regular session on Tuesday, February 3, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissianers Margaret Brown, Moses Carey, Jr., Alice M. Gordon, and Stephen Halkiotis 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: KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Jacobs reminded the Board that what was not addressed at this meeting would be carried over to the February 12th dinner meeting and work session starting at 6:00 p.m. at the Southern Human Services Center. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda Kathy Bryan from Orange Enterprises gave an update on what is going on there. They have a service to people with the greatest disabilities called ADDP. These services provide training for the in-house workers. The training is funded at a 60% level. ADDP falls under the "to be studied" category and is not guaranteed to continue under the mental health reform. They have also been told that this service is expected to change significantly by July 2005. She is serving on a committee in Raleigh that she is hoping will be able to affect the timeframe. In order to make this happen at Orange Enterprises, they have created an External Contracts division and have hired someone to run this division. They now have a contract with the VA clinic in Winston-Salem for cleaning. This is a federal set-aside project. Their goal is to work around the Research Triangle Park because there are wonderful jobs for people with disabilities. They pay $6-$10 an hour and have benefits. Their first efforts are focused on a cleaning business. They are going to also develop local contracts (schools and other businesses). They have put a bid in on the Charlotte Hawkins Historical site for landscaping. They have had some discussions with Chris Moran at the Inter-Faith Council to start a temporary employment agency. She is trying to find funding for a director. She said that they couldn't close dawn Orange Enterprises because many of their clients are too disabled to work in the community. They also need the profits from their contract work because this is partial funding far the services. She said that they would mechanize internally and hire people without disabilities so there is an integrated work force. They are hoping the State will provide some service definitions that are not so work oriented. She thanked the Board of County Commissioners for its stand against the asphalt plant that would have gone next to them. Allen Debevek made reference to a letter that his wife wrote to the BOCC an January 17th, asking to consider suggestions for improving the safety of convenience stores in Orange County. Specifically mentioned were requiring appropriate cameras within the store. More importantly, there are obstructions in the front window because of signs. Also, height strips should be put at the doors to aid in identifying suspects. These small measures would be of minimal cost and would enhance the safety. Chair Jacobs suggested that he speak with the Sheriff. Mr. Debevek said that the Sheriff was copied on the letter. Chair Jacobs asked that the staff get the Sheriff involved. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item an the agenda below. 3. Board Comments Commissioner Gordan said that Triangle Transit Authority has appointed a new general counsel, Grainger Barrett. They have also received notice from the Federal Transit Administration that the President's proposed budget includes the TTA regional rail project, phase I. TTA had hoped for a full funding grant agreement designation, but it got a new category called Proposed Other Project Funding Commitments. They had hoped for $60 million and they got $20 million. TTA is also talking about possible funding for phase 2, which will be the Chapel Hill extension. Commissioner Gordon referred to a Transportation Advisory Committee meeting and highlighted that Mike Mills said that there would be money for improvements at Homestead Road. This would not include sidewalks. Commissioner Halkiotis reported that on December 24th there was another serious accident at Palmers Grove Church Road and US 70. A picture of that accident was given to Doug Galyon from NCDOT and Division Engineer Mike Mills. He and Chair Jacobs met with NCDOT last week and again asked them for relief at this juncture since it does not have a signal light. There are 1.5 accidents per month at this intersection. Commissioner Halkiotis asked the Board to consider a story on the 2003 Governor's award recipient. There was an Orange County native author that was honored in the group in Raleigh. He would like the Board to honor Jackie Shelton Green at a future meeting to herald her work as an author. Commissioner Halkiotis said that he was not running for anything this year, but he did watch the super bowl this year because of the Carolina Panthers. He said that, as a farmer high school principal, he used to suspend kids from school for using profanity towards teachers. Parents used to object to the suspension based on the grounds that they use the same language on television with NYPD. He found the halftime show revolting and disgusting. He is tired of people grabbing body parts on television as well as other indignities. He is tired of all of this and someone needs to draw a line in the sand and say we have all had enough. Commissioner Carey said that he shares some of Commissioner Halkiotis' views. Commissioner Carey said that he forwarded to the Board of County Commissioners an email related to the actions of the State of Virginia House of Representatives and the perceived impact of the No Child Left Behind legislation. The perception is that it is leaving off some funding requirements that the school boards need to implement this legislation. He would like to ask both school boards to make a presentation to them on the impact of this No Child Left Behind issue and he wants to know how our local counterparts view that legislation. Chair Jacobs said to add this to the agenda when the Board meets with the school boards in April. Commissioner Carey said that it would be good to get this report before April. Chair Jacobs said to include that in the legislative goals meeting in March. Commissioner Halkiotis asked also for both school systems to report on other unfunded mandates from the State level, including the K-3 class size reduction. This will put pressure on the Adequate Public Facilities Ordinance. Commissioner Brown asked how the school systems are interpreting these new proposals. She asked if there was a state standard. Commissioner Halkiotis said that they have been given their orders from Raleigh and they are expected to comply. Chair Jacobs said that Jeff Fitzgerald was in attendance here from the Pepsi Bottling Company of Raxbaro. The County would like to thank Pepsi for the cans of Pepsi that commemorate Orange County's 250th anniversary. Mr. Fitzgerald said that they made aver 250,000 of these cans. He said that it was only fitting that Pepsi commemorate Orange County's 250t" anniversary since the residents of Orange County have strongly supported his family in Roxboro for almost 100 years. He appreciates Orange County's patronage and of the North Carolina born and bred product. Chair Jacobs reported on the school collaboration meeting with Andy Sachs of the Dispute Settlement Center with the Chairs and Superintendents of both school systems. They meet again on February 10t". The school boards will start meeting with just the facilitator. He will have some draft minutes that he will distribute to the County Commissioners. He said that the meeting was frank and productive. Chair Jacobs said that he and Commissioner Halkiotis met with the NCDOT group and Doug Galyon and Mike Mills were there with staff. They were told that the model of the luncheon meetings has been so successful that it has been replicated throughout the division. They talked about the Smith Level Road transportation plan, Palmer's Grove Church Road, Orange Grove Road, Homestead Road, and other projects. The NCDOT representatives said that they were going to be working on US 70 all the way to NC 86, north of Hillsborough. It was a very productive meeting. Chair Jacobs said that they have met twice since the last Board meeting with the mayor and staff from Mebane. They have made great progress in securing water and sewer service for the economic development district between Efland and Mebane. Chair Jacobs said that the Legislative Goals Committee will meet on February 12th and he asked for suggestions of matters to discuss. Also, he asked for suggestions on the boards and commissions to be sent to the Clerk by February 12th Chair Jacobs said that he and Commissioner Brawn represented the Board of County Commissioners Sunday at the Carrboro Century Center at the Human Rights and Relations panel discussion about affordable housing in Orange County. Chair Jacobs reminded the Board that the 6t" annual agricultural summit would take place on February 23rd at 8:30 a.m. This will be held at Schley Grange Hall. 4. County Manaaer's Renart John Link introduced Solid Waste Director Gayle Wilson. Gayle Wilson said that each year the Division of Waste Management calculates each county's waste reduction rate. This fall, Orange County had the highest verifiable waste reduction rate of all 100 counties with 45%. Last year the rate was a 40% reduction. Mast of the additional percentage is attributed to the implementation of the regulated recyclable materials ordinance. He said that the State overall increased its disposal. Chair Jacobs said that they are pleased that Orange County led the way again this year. There is a public hearing on the three-year solid waste plan on February 17tH Gayle Wilson passed around a bus placard that Chapel Hill is putting on their buses. The County has an extensive education program and about three weeks ago, Chapel Hill started putting these placards on their buses. Chapel Hill Transit has made this space available to the County for free. These placards advertise the toxicity waste removal program {household hazardous waste, electronic recycling, ail, batteries, antifreeze, etc.}. He thanked the Town of Chapel Hill for making this space available. Chair Jacobs pointed out that solid waste reduction is largely an unfunded mandate in North Carolina. The citizens of Orange County, with little help from the State, have done an excellent job. 5. Resolutions or Proclamations a. Human Relations Month 2004 The Board received information on Human Relations Month Activities and considered proclaiming February 2004 as Human Relations Month in Orange County. Milan Pham introduced Barbara Chatman, Chair of the Human Relations Commission. Barbara Chatman requested that Commissioner Halkiotis read the proclamation. Commissioner Halkiotis asked that they share in the reading because he wants to acknowledge her contribution to the Human Relations Commission. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below: HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in Orange County, and WHEREAS, it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to freedom, justice and peace in our County; and WHEREAS, the Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote that idea through the theme: "Bu1lding Bridges: From Tolerance to Acceptance"; and WHEREAS, the Human Relations Commission honors youth leaders, individuals and businesses who exemplify the ideals of justice and equality in the tradition of Dr. Pauli Murray with an award; and WHEREAS, the Orange Caunty Human Rights and Relations Commission and Department have diligently served the County of Orange since 1995 and are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain equality and good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, da hereby proclaim February 2004 as "HUMAN RELATIONS MONTH" in Orange County and challenge our citizens to celebrate multiculturalism in our county by encouraging citizens to embrace our diversity. THIS THE 3'~d DAY of FEBRUARY, 2004. VOTE: UNANIMOUS b. One Book One Community Proiect The Board received information on the One Book One Community Project and considered a resolution challenging residents to participate in the One Book One Community Project. Barbara Chatman and Commissioner Gordan read the proclamation together. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: ONE-BOOK ONE-COMMUNITY PROJECT RESOLUTION OF SUPPORT WHEREAS, the Orange County Human Relations Commission received amini-grant from the North Carolina Martin Luther King, Jr. Commission to provide partial funding of activities that foster and promote the legacy and philosophy of Dr. Martin Luther King, Jr.; and WHEREAS, the Orange County Human Relations Commission implemented aONE-COMMUNITY PROJECT which was comprised of two parts: 1) a film screening of the film documentary, An Unlikely Friendship and 2) aONE-BooKONE-COMMUNITY project; and WHEREAS, the goal of the ONE-BooKOHE-COMMUNITY project is to have Orange County residents read a book that has a human relations andlor human rights theme; and WHEREAS, once read, discussion groups will take place that "might start discussion on what's necessary to transform ourselves, to move across racial lines and on how we unlearn what we need to unlearn": and WHEREAS, the book of choice is "Summer Snow: Reflections from a Black Daughter of the South" by Trudier Harris-Lopez, the J. Carlyle Sitterson professor of English at UNC; and WHEREAS, the book can be purchased at the Barnes & Nobles Bookstore at a 20°l° discount and checked out of the local libraries; NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North Carolina do resolve: SECTION 1. That the Orange County Board of Commissioners expresses its support and recognition of the ONE-COMMUNITY PROJECT. SECTION 2. That the Orange County Board of Commissioners encourages and challenges all of the residents of Orange County to participate in the ONE-BOOK ONE-COMMUNITY PROJECT. This the 3`d day of February, 2004. VOTE: UNANIMOUS Barbara Chatman invited the Board of County Commissioners to the community dinner on Sunday, February 8t" at 1:30 p.m. at McDougle Middle School cafeteria. Also, the Pauli Murray award ceremony will be at New Hope Elementary School on Sunday, February 22nd at 1:30 p.m. c. Resolution -Agricultural Center Work Group The Board considered a resolution creating an Agricultural Center Work Group, including two Commissioners, to evaluate needs and possible uses of an Agricultural Center in Orange County, reporting back within one year. Environment and Resource Conservation Director Dave Stancil gave this presentation. The idea of an agricultural center in Orange County goes back to 1986. At the October work session, a resolution was presented from the Agricultural Preservation Board asking that a new look be taken at a center in Orange County. Agriculture in Orange County has grown and there are many innovative farm operations. He made reference to the resolution and draft charge. The group would report back to the Board in early 2005, looking at the potential need and uses of an agricultural center. Also, all of the stakeholders will have an opportunity to provide input. Commissioner Brown asked about the timetable. She said that this would be a good time to start establishing the sunsetting concept that was discussed at the retreat. Chair Jacobs said that they could put a note that when the report is transmitted to the Board of County Commissioners and accepted, the group will be sunset. Commissioner Brown asked about the structure and if it would be an actual building. Dave Stancil said that this is focused more on what uses could take place in such a structure and what needs exist that could be accommodated. The report would address the needs and the uses that could be in a structure. Commissioner Carey said that he thought it might include the structure. Since it does not include the structure, they need to look at the needs first and then came back. He would like to include another institutional consumer to the group. The Board agreed. Commissioner Halkiotis said that it would be helpful to go into the Board of County Commissioners archives and get the report from 18 years ago when they traveled to Kinston to look at their agricultural center. This group should look at that report. Commissioner Gordon said that it looks like a charge to develop a building. She asked what else the group could come up with besides a building. Dave Stancil said that they could come up with demonstration plots to show some of the products that could be grown. A building could be a piece of this, but there are other pieces. Chair Jacobs said that they could recommend not building a building. He said that until last year there was money set aside in the CIP for an agricultural center. Commissioner Brown said that it does say an agricultural center and that they will end up with a building. Dave Stancil said that there are other concepts and the focus should be on what the center would accomplish. They have tried to leave it open ended as to whether there would be a building or nat. John Link said that this discussion is why there needs to be two County Commissioners on the work group - to help guide the discussion as to the possible outcomes. Commissioner Brown said that it does need to stay on target and not be an expansion of the other buildings committed to agriculture. She wants to be very careful about capital projects and how we use government facilities. She wants to be sure it serves a lot of people and has some imaginative ideas. Chair Jacobs said that there are two suggested changes - adding a second member to potential institutional consumers and the statement that the group will be sunset when the staff report is accepted by the Board of County Commissioners. A motion was made Chair Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below, with the two changes. RESOLUTION ESTABLISHING AN AGRICULTURAL CENTER WORK GROUP WHEREAS, the concept of an Agricultural Center in Orange County has been a topic of consideration for many years; and WHEREAS, on October 15, 2003, the Orange County Agricultural Preservation Board adopted a resolution asking the Board of Commissioners to consider appointing a Work Group to study the potential uses and need for an Agricultural Center; and WHEREAS, the Agricultural Preservation Board's resolution laid out a number of issues and concepts far the discussion of such a Wark Group, including involvement by all stakeholders; and WHEREAS, on October 27, 2003 the Board of Commissioners was apprised of the proposal from the Agricultural Preservation Board and indicated general agreement with a "new and fresh" look at the topic of a potential Agricultural Center for the County NOW, THEREFORE, BE IT RESOLVED That the Board of County Commissioners agrees to appoint an ad hoc Agricultural Center Work Group, as charged in Attachment 1 to this resolution {as amended by the Board}, to report back within one year of appointment of the Work Group. BE IT FURTHER RESOLVED that the Wark Group should strive to ensure that all viewpoints and stakeholders who desire to be heard on the subject have an opportunity for input into the Work Group process and report. This, the 3rd day of February 2004. VOTE: Ayes, 4; No, 1 (Commissioner Brown} 6. Special Presentations a. Orange County Arts Grant Recipients (Fall 2003) The Board acknowledged and presented checks to local artists and arts organizations receiving Fall 2003 Orange County Arts Grants. Organization Person(s) Attending Carolina Union Donald Luse Cedar Ridge High School Winter Drumline Chapel Hill Museum Choreo Collective Deep Dish Theatre Company Footnotes Tap Ensemble Friends of the Carrboro Library Grady A. Brown Elementary School Cultural Arts Enrichment Committee Cornelia Kip Lee Medical Foundation of NC Paul M. Neebe NC Youth Tap Ensemble Orange County Artists Guild PlayMakers Repertory Company S.H. Stone Center for Black History & Culture Transactors Improv Company Women's Voices Chorus Isabella Women's Solo Vocal Ensemble Jahn Langford & Eric Hoefler Phoenix Miller Bridget Kelly John Allore Robin Vail Nerys Levy & Jake Lehrer Elliott Rodgers & Harry Nestor (5t" graders) Cornelia Kip Lee Joy Javits Paul M. Neebe Gene Medler Mary Harley Kruter Donna Heins Dr. Jocelyn Sargent & Anthony Walters Steven Warnock Karen Whitney Karen Whitney b. Orange County Rape Crisis Center's 3Q"' Anniversary Art Protect Placement The Board considered a temporary location, preferably the Southern Human Services Building located in Chapel Hill, to house the 30t" Anniversary art project of the Orange County Rape Crisis Center taking into consideration the location, security, safety, content appropriateness and other issues related to the art project. Martha Shannon with the Orange County Arts Commission introduced Sally McKenzie, who came up with the idea of the project commemorating the 30t" anniversary of the Orange County Rape Crisis Center. She wanted to do a temporary public art project in the Southern Human Services Center. Sally McKenzie is a volunteer and a former board member of the rape crisis center. She said that they are requesting an art project at the Southern Human Services Center in honor of the 30t" anniversary of the center. They are requesting the art project for the duration of one year. The art piece is specifically commissioned for this event by a member of the board of directors, Meredith Meyer. She has spoken with various department heads (Tara Fikes, Rosemary Summers, Nancy Coston, Janet Sparks, and Captain Blackwood from the Sheriff's Department}. All were in favor of the project, but did have some concerns, which are outlined in the abstract. One concern was the blood red color, and an earth red was chosen to replace that. They are requesting the art to be placed from April 1, 2004-April 1, 2005. Commissioner Gordon verified that the work has not been completed yet. She asked how the samples related. Sally McKenzie said that the first is a landscape. They want it to be a piece about healing. It will be a collage. They are not focusing on sexual violence on the piece, but on healing. The piece will be abstract. Commissioner Brown asked haw they chose this. Sally McKenzie said that they chose the Southern Human Services Center because the Southern Human Services Center has so many different backgrounds coming in everyday. In addition, an art project can give a lot with its abstractness and to relay that the center is a place for healing. A motion was made by Commissioner Halkiotis, seconded Commissioner Brawn to authorize staff to work with OCRCC to review and address the location, security, safety, content appropriateness, and other issues related to the art project placement at the Southern Human Services Center. VOTE: UNANIMOUS c. Affordable Housing Performance Presentation The Board received the first Affordable Housing Performance Report from the Orange County Affordable Housing Advisory Board. Martha Hoyleman, Chair of the Affordable Housing Advisory Board, presented the 2004 calendar and the 2003 performance report. She said that the calendar contains lots of general information and specific projects for affordable housing. The total cost of completed projects between 2001-2003 was approximately $15 million. Of that, over $7 million came from federal, state, and local government funding sources. A total of 145 new housing units were created and 83 units were repaired. The calendar has personal stories from owners and pictures of the houses. She thanked Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough, and the eight non-profit organizations listed on the first page of the calendar. She thanked Chair Jacobs and Commissioner Brown, who were board liaisons. There were 200 calendars printed. Commissioner Halkiotis said that this is an excellent educational tool. He hopes that each elected official in Orange County will be given one, especially school board members. Chair Jacobs suggested having some in the lobby of the Government Services Center. d. OWASA Water Reclamation and Reuse, Biosolids Land Application Programs The Board considered information about OWASA's; 1) planned Water Reclamation and Reuse Program and proposed implementation of water reclamation and reuse system with the University; and 2) bio-solids land application program. Chair Jacobs distributed two items -one from the Cooperative Extension office about land application bio-solids and a water quality survey and assessment in the Bradshaw Quarry Road area from Environmental Health. Mark Marcoplos, Chair of the OWASA Board, said that the great drought of 2001- 2002 really got their attention. They were very close to being in big trouble. UNC and OWASA began to collaborate on this project. Since there is a lot of construction an campus, it is cost effective to put in pipes now. Also, there is a large upgrade at the wastewater treatment plant to be done in 2007. He gave some of the benefits of the project. It will provide same insurance in the event of a drought, eliminate capital improvements related to the water needed in wastewater treatment, reduce pollutant discharges to Morgan Creek, and conserve drinking water supplies. They hope by the next meeting to have a letter of understanding between OWASA and UNC to move forward. The ultimate cost of the project is $7 million. Over time, as expansion occurs, the price is likely to go up to $13 million. This project will enable them to not have to draw water from Jordan Lake, which would be much more expensive. The key guiding principles of the agreement between UNC and OWASA are that the system would be financially self-sustaining, the reclaimed water rates would fully recover all of OWASA's costs, UNC would commit to use the reclaimed water, OWASA would commit to provide the reclaimed water, and the system would be designed with excess capacity to serve non-UNC customers. It might require a small rate increase (3-4°~). Commissioner Gordon said that it sounds like a great project. Commissioner Carey also commended OWASA for moving forward with this. Commissioner Brown referred to the last item on the tape of OWASA"s last board meeting and she had staff make copies for the Board of County Commissioners. She said that the water reuse issue has been around for many years and it is great that OWASA is moving forward with it. She said that it seemed that it was urgent and that it would be done quickly. Mark Marcoplos said that there was one member that portrayed it as an urgency. He said that construction would last until probably 2007. Commissioner Brown asked if there had been any public hearings and Mark Marcoplos said no. Cammissianer Brown said that she had no idea that it was to a point where there was a letter of understanding with the University. It is very specific with respect to rates and long-term commitments. Mark Marcoplos said that it is an agreement to proceed together based on the information and the research that has been done revealed that it would work. Commissioner Brown said that the part that interested her was the rate increase and impacts to the customers. She thought there should be a public hearing to explain this. She said that it did not seem that there was a clear financial picture of what is going to happen. The two things that interest her are to look clearly at the financial picture and the impact on OWASA customers and the original agreement with the University, which na elected officials have seen and that has long-term implications. She is concerned that some of the board members did not think that the elected officials should look at the agreement. Commissioner Brown asked if they had thought of doing an environmental impact on Morgan Creek as they pull 900,000 gallons of water out of it. Mark Marcoplos said that the issue has been discussed, but there is not one. Commissioner Brown said that there would have to be a considerable impact an the creek. Mark Marcoplos said that the actual cost of the treatment would not be known until it is done on the scale. Commissioner Brawn said that she could not imagine that it would be so speculative. She does not feel that this is a totally well put together proposal, except for the engineering piece. Commissioner Brown also said that it seems that there is not a picture of what the long-range availability of water is going to be. She would like to know how much water is in the County in terms of OWASA's ability to fulfill the needs. She would be interested in looking at the sustainability of the water in the County instead of coming up with it, as it is demanded. Patrick Qavis said that back in January 2003 they had an intergovernmental meeting with local elected boards to talk about the water supply situation, and they introduced the idea of reuse and it was overwhelmingly supported. They did not have revenue projections. As a result of the reevaluation, they concluded that the safe yield was lower than was previously thought. He said that the reuse project provides them with a much more cost effective alternative than the traditional approach of finding more water from another resource that is farther away. The board's budget and financial planning committee and the board itself received and discussed a staff evaluation of financial issues and implications associated with reuse. It is clear that there would be a water commodity charge increase of 8-9°~ over the existing charge of $3.50 per thousand gallons. This equates to 3.5°!o mare than the typical single-family residential water and sewer bill. This would be the initial financial impact. He said that growth in potable water sales associated with new development will result in their water sales coming back up to offset the reduction that would be accomplished through reuse. This is how the revenues would get back up. He said that at no time has the board of directors said that any cost of the reclaimed water system would be funded by potable water customers of OWASA. The reclaimed water system would be funded solely from the rates and fees charged for reclaimed water service. He said that the letter of understanding would be a binding agreement to move forward to develop the system, but there will be a much mare detailed contractual agreement later. Commissioner Brown said that she wants them to be up front about their finances before they get into a binding agreement. Chair Jacobs suggested that on April 29t" at the Assembly of Governments meeting that OWASA make a presentation to go over same of these issues. He said that he remembers that OWASA has public hearings on rate increases every year. It was answered that this is correct. Cammissianer Halkiotis expressed commendation about the reclaimed water project. He said that if you can wean the University off of potable water, then that is great. He agreed with Commissioner Brown in that the public needs to know the financial bottom line. He said that he supports OWASA and thinks that they are the best-run utility in the state, but he thinks the questions that Commissioner Brown brought up need to be addressed. Chair Jacobs made reference to the bio-solid information and asked if there were any questions. Commissioner Brown asked about out of county water and sewer companies bringing sludge into Orange County. Mr. Speaker (he was speaking from the audience and never identified himself) said that they knew this but did not know where this was happening specifically until a few months ago. It is a state regulatory function and the state issues the permits. There are no prohibitions about crossing jurisdictional lines ar about land applying bia- solids in water supply watersheds. He said that at this point OWASA does not have a position on other jurisdictions coming into Orange County ar OWASA watersheds. They are satisfied with what they know to be happening at this time. The water quality sampling has not given them any reason to be concerned. Chair Jacobs asked about OWASA working with farmers. Mr. Speaker said that they provide bio-solids to farmers that need it and also provide cost-share monies for farmers in the Cane Creek and University watersheds for implementing agricultural best management practices. Chair Jacobs asked if farmers receiving Burlington's sludge were working with OWASA. Mr. Speaker said that they had worked with one farmer and the land was well cared for and the streams were fenced. Mr. Speaker answered more clarifying questions of Chair Jacobs. Chair Jacobs said that it makes more sense that if a farmer in the Cane Creek watershed was to apply bio-solids that it would be better to use OWASA's class Abio-solid versus Burlington's class Bbio-solid. He hopes that the board of directors will look at this because it is an opportunity to improve the situation. Commissioner Halkiotis said that they have been through something like this about ten years ago. He said that they went sludge watching one morning. He said that this is a great opportunity to educate the public and to hold a session where everyone can attend. Chair Jacobs said that this would be put on the AOG agenda. 7. Public Hearinas a. Orange County Consolidated Housing Plan Update The Board received comments from the public regarding the housing and non- housing needs to be included in the 2004-2005 Annual Update of the Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2004-2005 HOME funds. Housing and Community Development Director Tara Fikes summarized the information in the abstract. The U. S. Department of Housing and Urban Development requires all jurisdictions that receive Home Investment Partnership funds to conduct these hearings to get an idea from the community of the pressing housing needs of low-income families and special population groups. This is also an opportunity far the public to comment on how proposed HOME funding might be used in the coming year. Orange County is expected to get $829,000 available in HOME funding for 2004-2005. Eligible activities include acquisition of property, new construction, housing rehabilitation, and rental assistance. The deadline for applying is February 27, 2004. Public Comment Robert Dowling from Orange Community Housing and Land Trust said that they have two requests for HOME funds. The first is far a development in Carrboro called Pacifica where the developer has included seven affordable homes that are priced to be affordable, but they are not quite as affordable as they need to be. They are asking for $10,000 per unit far the seven units, which is $70,000. All of the homes would be in the land trust. Secondly, they have two opportunities to have affordable homes in two developments in Carrbaro - Winmare and Twin Magnolias. In bath cases, the developers have reduced the prices, but they are not quite low enough. They would need about $40,000 per unit. They have an opportunity to get nine units. He is only asking for $100,000. He believes that the land trust is the way to go for affordable housing in Orange County. Commissioner Carey asked about the total units in Pacifica and Robert Dowling answered 46, with seven units affordable. Commissioner Brown asked why the developers were charging such high prices and then the County has to come in with public money. She said that Chapel Hill does a much better job of negotiating with developers. Robert Dowling said that Chapel Hill does do a better job of getting developers to provide units at an affordable price. He said that in Winmore, the developer is providing two affordable units themselves, but it is through Weaver Community Housing. The seven units available to them are above and beyond the 15°l0. Orange Community Housing and Land Trust would sell the homes for no more than $100,000. Commissioner Halkiotis asked for a brief synopsis from Tara Fikes about what is involved in the Pacifica lawsuit. Also, Hillsborough also needs to work on negotiating with developers to provide affordable housing. He asked that there be a presentation at the AOG meeting. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS $. Items for Decision--Consent Agenda A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes as submitted by the Clerk to the Board as listed: September 25, 2003 - BOCC Public Hearing on Animal Shelter Operations September 29, 2003 - BOCC Joint Meeting with School Boards October 1, 2003 - BOCC Regular Meeting October 21, 2003 - BOCC Regular Meeting December 4, 2003 - BOCC Public Hearing on the Potential Impacts of a Possible School Merger b. Appointments (1) Homestead and High School Roads Safety Task Force The Board appointed Orange County Commissioner Alice Gordon to the Homestead and High School Roads Safety Task Force. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 190 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Value Changes The Board approved value changes made in property values after the 2003 Board of Equalization and Review has adjourned in accordance with the resolution, which is incorporated by reference. e. Resolution Creating a Special Board of Equalization and Review The Board approved a resolution, which is incorporated by reference, providing for the appointment of a special board of equalization and review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act; and established the recommended level of compensation for members of the E&R Board; and directed staff to recruit applicants for the E&R Board, with appointments to be made at a future Commissioners' meeting. f. Approval of Contract to Purchase Real Property -Hope Creek, Ltd. The Board approved the contract to purchase a 1.1-acre tract along New Hope Creek from Hope Creek, Limited to protect an important riparian corridor and potential future trail and for the County Attorney and staff to negotiate any points in the contract other than the purchase price, as necessary, with a closing expected to occur by February 28, 2004. g_ Agreement for Groundwater Monitoring for the Orange County Landfill The Board approved the contract extending the Solid Waste Department agreement with Research and Analytical Laboratories, Inc. for ground water monitoring services at the Orange County Landfill for three additional years through December 31, 2006 and authorized the Chair to sign the Contract, subject to final review by staff and County Attorney. h. Scheduling a Public Hearing on Orange County's 3-Year Solid Waste Plan Update The Board scheduled a Public Hearing far February 17, 2004 to receive public comments on the 3-Year Update of Orange County's Solid Waste Management Plan. i. Telecommunications Towers Regulations Amendments This item was removed and placed at the end of the consent agenda far separate consideration. L Subdivision Regulations Amendment: IV-B-3 Streets The Board approved Planning Board and Administration recommendations, closed the Public Hearing and approved the proposed amendments to the Orange County Subdivision Regulation, IV-B-3 Streets, subsection IV-B-3-a. k. Final Plat Requirements Amendments The Board approved Planning Board and Administration recommendations, closed the Public Hearing and approved the proposed newlrevised certificates and endorsements that are required to be on recorded plats of major subdivisions, minor subdivisions, and subdivisions not subject to subdivision regulations. I. Schools Class A Special Use Permit Amendments This item was removed and placed at the end of the consent agenda for separate consideration. m. Library Services Task Force The Board approved reconvening the members of the Library Services Task Force and authorized its charge. n. Grant Request from Duke Health Community Care, Inc. to Assist in Purchase of Emergency Generator This item was removed and placed at the end of the consent agenda for separate consideration. o. Budget Amendment #8 The Board approved budget ordinance, capital project ordinance, and grant project ordinance amendments for fiscal year 2003-04 for Library Services, Cooperative Extension, Emergency Management, Department on Aging, Sheriff's Department, and Environment and Resource Conservation Department. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA i. Telecommunications Towers Regulations Amendments The Board considered Planning Board and Administration recommendations, closing the Public Hearing and making a decision on the proposed Telecommunication Towers amendments to Article 6.18 and Article $.8.17a of the Orange County Zoning Ordinance. Commissioner Gordon made reference to pages 4 and 16. She wants to understand the changes to the Master Telecommunications Plan and why general zoning approval was deleted. Planning Director Craig Benedict said that on page 4, there is the definition that will explain what one can do in the future, and it is only a placeholder. This definition was in there previously, but there was not an adoption of a plan that would activate the use of it. On page 16, it explains how the MTP would work in a future process. They hope to have it as a prioritization mechanism in the future. Commissioner Gordon asked about the statement, "that have received zoning approval from the County Commissioners" and why this was taken out. Craig Benedict said that this could have invoked apre-zoned property for allowing towers. They thought this might be too liberal at this point. County Attorney Geof Gledhill said that this is also redundant in that the plan when developed will not place an it sites that are not properly zoned far towers. Commissioner Gordon asked about the all-bold part, "Information that may be shown on the plan will include...," and asked if this information is to be shown if it is applicable. She said that it should say, "Information to be shown on the plan will include..." Craig Benedict said that it would be a determination of the County Commissioners about which sites of a natural area may be assigned and which sites may not be assigned. Commissioner Gordon said that this appears to be very confusing to her. Chair Jacobs said that he feels fine with this. He asked if there was a definition of a scenic corridor in Orange County regulations. Craig Benedict said that the comprehensive plan has some definitions. Chair Jacobs said that if they are going to take this to public hearing in May, he wants to be sure that there is some data about bird migratory patterns. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the proposed amendments. VOTE: UNANMOUS I. Schools Class A Special Use Permit Amendments The Board considered Planning Board and Administration recommendations, closing the public Hearing and considered approval of a proposed amendment to the Orange County Zoning Ordinance to make Schools: Elementary, Middle, and Secondary - a Class A Special Use in appropriate zoning districts and to apply special use permit standards that meet the general standards, zoning district requirements and similar standards as detailed in Section 8.8.29 ("Growth Management Subdivision Standards") of the Zoning Ordinance. Commissioner Gordon asked far clarification about the Administration's approval. She also asked about the significance of the storm water management issue on page two. Craig Benedict said that during their conversation with the Planning Board, the original submittal talked about cone-year 24-hour storm, which is an intensity storm that happens on a regular basis. The Planning Board asked the staff to investigate other portions of the regulations to see the most restrictive standard. They found out that aten-year 24-hour storm is a higher intensity storm, and the Planning Board suggested that the standards meet this higher rainfall event. Craig Benedict said, in reference to the recommendation, the intent is that the Planning Board asked for a few changes that the Administration agreed with, and then some of the other highlighted changes were suggested by Administrative staff about the wording. These changes were after the Planning Board reviewed it. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the attached ordinance consistent with the Planning Board recommendation including additional changes by the Administration. VOTE: UNANIMOUS n. Grant Request from Duke Health Community Care, Inc. to Assist in Purchase of Emergency Generator The Board considered approving grant funding in the amount of $10,000 from the Human Services Safety Net reserve to assist in the purchase of an emergency generator for the Duke Community Hospice Inpatient Care facility located in the Meadowland business park, Hillsborough. Commissioner Brown that it would be important to communicate with the Board of Directors so that they know that the $10,000 is an agreement that the facility would be available to citizens in the event of an emergency. She would like to put this in writing. A motion was made by Commissioner Brown, seconded by Commissioner Halkiatis to authorize the allocation of $10,000 from the Human Services Safety Net reserve to Duke Health Community Care to assist in the purchase of an emergency generator for the hospice facility located in Hillsborough. This also includes the understanding that, if there were space, the facility would be available for Orange County citizens in the event of an emergency. The Manager will write a letter to the Board of Directors of Duke Health Community Care. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. The Board considered acceptance of a State pass-through grant allocation of federal Homeland Security funds in the amount of $363,908 to reimburse Orange County for the purchase of equipment associated with homeland security activities of the County, its municipalities, and the University; authorizing the Manager to sign the Memorandum of Agreement; authorizing the Manager to sign the Assurances of Participation; authorizing the Manager to identify Nick Waters, Director of Emergency Management, as the Designated Agent under Annex B; and authorizing the Manager to identify Eric Griffin, Emergency Management Specialist, as the Point of Contact under Annex B. John Link explained this State pass through grant in the amount of $363,000. The decision on how the money will be used is still being addressed. They are just asking that the Board accept receipt of the grant and the staff will come back on how it will be used. Commissioner Brown said that EMS Director Nick Waters did a report on what the County needed in terms of emergencies. She recalls that the piece that they really needed was communication and how to match up the County's system with the systems of the Towns. She asked if this grant covers this. She also asked why the group would choose to buy gas masks. Nick Waters said that there are three grants talked about in the abstract and the gas masks were bought out of the first grant. There is a lot of interest in the committee that this grant be used to buy compatible radios and to spend money on communication needs. Commissioner Brown said that this would be her priority. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to accept the allocation award, authorize the Manager to sign the Memorandum of Agreement; authorize the Manager to sign the Assurances of Participation; authorize the Manager to identify Nick Waters, Director of Emergency Management, as the Designated Agent under Annex B; and authorize the Manager to identify Eric Griffin, Emergency Management Specialist, as the Point of Contact under Annex B. VOTE: UNANIMOUS b. Soccer Superfund -Policy and Guidelines The Board considered a draft policy and set of guidelines for use of the Soccer Superfund and provided feedback to staff. The document would be brought back far action at a subsequent meeting. Lori Taft, Director of Parks and Recreation, said that the purpose of this is a draft policy and guidelines for use of the funding from the 2001 bond. They had $2 million set aside from the bond. Staff has worked with Chair Jacobs on these guidelines and they tried to define the purpose of the funds. The primary purpose would be development of fields and the secondary purpose would be purchase of lands. They also defined part of the purpose that no less than half of the $2 million would be spent far amulti-county soccer complex of na less than six fields. She highlighted each section of the policy. She made reference to Section 3 and said that they thought that the band money should go to new fields that had not been previously approved as part of a park master plan. Commissioner Gordon asked that it be specified which parks were approved as of the 2001 bond referendum. Chair Jacobs said that the date is as of adoption of this policy and not the 2001 bond referendum. Lori Taft said that the discussion was the parks that were funded by the 2001 bond and the master plan process could have continued since then. Geof Gledhill suggested changing the wording to read, "Construct new fields that are not approved as part of the park master plan at the adoption of this policy." Commissioner Brown said that it would be better to have a 50-year commitment an the long-term lease {page 3}. Commissioner Brown asked about a qualified public agency. Lori Taft said that it would be those that do not discriminate in their membership. Commissioner Brown said that she would feel mare comfortable if it said that the County has to see where all of the monies came from and then any donation from the County would complete the amount needed. Lori Taft said that they could add something to this effect. Commissioner Brown made reference to page four and said that she noticed in the soccer report that there was a minimum amount of women involved. She would like to have something about equal representation for females. Lori Taft said that it is very difficult to require this. Chair Jacobs suggested saying, "Commitment to outreach and inclusion of females." Commissioner Brown suggested using the Human Relations resolution that was approved and makes it the standard for including women. Commissioner Brown said that there was no mention of public hearings. Lori Taft said that on page three, under A, it states that they would propose to use a process that includes opportunities for public comment. Commissioner Brown would prefer this to be more specific and say "public hearings." Lori Taft made reference to the last section, Proposed Grants for the Purchase of Lands, and turned it over to Environment and Resource Conservation Director Dave Stancil. Dave Stancil said that a secondary purpose of the fund is to acquire land far construction of fields. They developed some criteria for consideration. At least two-thirds of the land would be used for soccer fields or related facilities {parking, lighting). Commissioner Carey made reference to Al where it talks about construction of facilities by Grange County on private lands. He is concerned with including a minimum lease of 50 years or more. He thinks 20 years or more allows them to go up to 50 years or longer. He thinks the performance standards should be directly related to the amount of the County's investment. He would also like a provision that if the land is sold, the County's interest will continue. He thinks including a 50-year minimum standard will discourage projects, except the huge ones. Commissioner Brown said that she couldn't support it for 20 years. Cammissioner Halkiotis said that he would not support using County money an private land. Cammissioner Gordon said that this is $2 million and she thinks it should just be public land and public agencies. She does not care to deal with private agencies. Chair Jacobs suggested asking staff to come back with changes proposed and put it on the agenda for February 12tH Commissioner Gordon also would like to flag the statement that na less than half of the money would be used for no less than six fields. She would rather not have this in the guidelines. c. Authorization to Use County Property and Terms of Lease Transition for Alternative School Temporary Site The Board considered permitting the Orange County Board of Education temporary use of County property located an the southeast corner of Tryon and Hassell Streets in Hillsborough for use as an alternative school; authorizing the County Attorney and Purchasing Director to prepare a lease between Orange County and the Orange County Board of Education for property necessary for the alternative school for approval by the Commissioners no later than February 17, 2004; and directing the Purchasing Director to negotiate termination of the existing lease with GE Capital and to facilitate re-issuance of a new lease with like terms between the Orange County Board of Education and GE Capital. Commissioner Gordon asked if this was in the historic district and what the neighbors said. Purchasing and Central Services Director Pam Jones said that it is in the historic district and the neighbors are fairly accepting of it on a temporary basis. One of the terms on the lease would be that the school board do the same due diligence with the neighbors that the County did with the HVAC project. The neighbors will be informed about the activities. Chair Jacobs said that he has had the opportunity to speak with the Chair and Vice- Chair of the school board and the Superintendent, who all have assured him that they will be sensitive to the neighbors. Geof Gledhill said that there is also a process in the Hillsborough zoning regulations that would allow an appeal of the decision to permit this use of that property if there is a strong community opposition. Cammissioner Brown said that she knows how badly the school needs this, but it is Hat in the best location. She supports this temporary location. Pam Jones said that the lease would expire the same time that the Hillsborough permit expires. This is in two years. Commissioner Halkiotis said that the request was made by the school board Chair that it would be two full school years and that there would be a transportation plan to go along with it and there would be no student parking. Commissioner Halkiotis said that he asked Geof Gledhill about not voting on this and Geof Gledhill told him that it would not be a conflict of interest. A motion was made by Commissioner Carey, seconded by Commissioner Brown to authorize the use of County property by the Orange County Board of Education under the conditions cited above; and direct the County Attorney and Purchasing Director to prepare a lease between Orange County and the Orange County Board of Education reflecting the conditions cited here, as well as others that are deemed necessary, for approval by the Commissioners no later than February 17, 2004; and direct the Purchasing Director to negotiate termination of the existing lease with GE Capital and to the extent required, to facilitate re- issuance of a new lease with like terms between GE Capital and the Orange County Board of Education. VOTE: UNANIMOUS d. Consideration of Work Session an February 23. 2004 The Board was to consider scheduling a work session on February 23, 2004 in the time originally allotted for the Quarterly Public Hearing to discuss non-public hearing items. DEFERRED e. Breastfeeding Education and Support Program/Expanded Food & Nutrition Education Program The Board was to consider afollow-up report on progress being made to secure sufficient funds to sustain the Breastfeeding Support Program/Expanded Food & Nutrition Education Program {EFNEP), and to request continuation funding from the County through the remainder of the fiscal year (until June 30, 2004) of the four positions at a total cost of $35,000, with funds to be transferred from the Human Services Safety Net. DEFERRED f. Appointments (1) Adult Care Home Community Advisory Committee The Board was to consider an appointment to the Adult Care Home Community Advisory Committee (A.C.H.C.A.C.). DEFERRED (2) Chapel Hill(Oranae County Visitors Bureau The Board was to consider one reappointment and two new appointments to the Chapel Hill/Orange County Visitors Bureau. DEFERRED {3) Commission for the Environment The Board was to consider an appointment to the Commission for the Environment {CFE}. DEFERRED (4} Library Services Task Force The Board was to consider appointments to the Library Services Task Farce. DEFERRED 10. Reports -none 11. Closed Session A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to go into closed session: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a){5). "To consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, including Apex Northwest Partnership et al vs. Orange County," NCGS § 143-318.11(a)(3). c. "To discuss matters relating to the location of an industry in Orange County," NCGS ~ 143- 318.11 {a){4). VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Carey to reconvene into regular session at 12:05 a.m. VOTE: UNANIMOUS 12. ADJOURNMENT A motion was by Commissioner Gordan, seconded by Commissioner Carey made to adjourn the meeting at 12:10 a.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board