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HomeMy WebLinkAboutMinutes - 20040219APPROVED 04120/2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 19, 2004 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, February 19, 2004 at 7:30 p.m. in the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, Commissioner 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: 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 Chair Jacobs made reference to the sky-blue colored paper and said that it was a substitute for 5-a. The aqua colored paper is a substitute for item 9-b. Two items have been deferred. Regarding item 9-a, Plan for Park at Efland-Cheeks, staff is in the process of hiring someone for the design work. This person will be hired within the next month. He has asked staff to give their opinion on whether to wait on the hiring of a construction manager. John Link said that they would came back with this item on March 18tH Chair Jacobs said that item 9-d is also being deferred. The applicant has requested that it be deferred to a future meeting. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda Pat Sanford distributed a handout of the recommendations of the North Carolina House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals Subcommittee on Overpopulations. She said that this is one of the biggest efforts throughout North Carolina to get a handle on the overpopulation. She urged the County Commissioners to talk with their legislators to support this. The subcommittee unanimously approved the Buncombe County plan that is already in place that all animals in that county must be spayed or neutered, or the owners must have a special breeder's permit on each animal that is not spayed or neutered. Other recommendations include spay and neuter all cats and dogs prior to adoption from private ar public shelters ar rescue organizations, expand funding/participation in North Carolina's existing low cost spay and neuter program, differentiated licensing, statewide rabies vaccination database, sterilization of impounded animals, mobile spay neuter units and high volumelregionalized spay neuter clinics, and differential fines for animals at large. She urged the County Commissioners to put in place a higher differential licensing than is in place now. Chair Jacobs said that they have a legislative goals process, and they will refer this to the Legislative Goals Subcommittee. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Gordan said that TTA's General Manager, John Claflin, would be presenting later on in the agenda. Commissianer Gordan referred to the website www.c~oTriangle.org. On the website there is information on traveling in the Triangle using buses. Commissianer Gordon distributed a handout of an article from the Chapel Hill Herald. She said that Lisa Stuckey, Vice-Chair of the Chapel Hill-Carrboro School Board went to this website and plugged in all of her colleagues on her board and their addresses to see how long it would take them to get to the high school #3 site via public transportation. It turned out that one person in Carrboro could get there in less than half an hour, but for the rest of the people, it would be a 45-minute to an hour commute. She said that Chapel Hill transit has fare-free transit for the town and University. Commissianer Gordan referred to the Homestead Road Committee and said that it has been formed and will meet later this month on February 26t". She said that they got more information that North Carolina Moving Ahead funds are already allocated fortwo-foot wide shoulders on Homestead Road and intersection improvements at Seawell School Road, High School Road, and Rogers Road. She thanked Division 7 NCDOT people for this. Commissioner Gordon said that Orange County gave their regional priorities list to the TAC and now there is a regional priority list that is going out for public comment. The Board of County Commissioners can add any additional comments. The comment period is 30 days. Commissianer Halkiotis asked the Board to consider asking the Manager to start working on maintenance items for all County buildings that could be put in priority order for consideration during the budget season. He was walking around the old courthouse and the stones on the sidewalk are starting to fall apart and this needs to be corrected. Also, the curbing in front of the new courthouse is disintegrating. There are also maintenance issues on the outside of some buildings. The more the corrections are delayed, the more it will cost in the end. Commissioner Halkiotis suggested sending a letter to the Mayor of Hillsborough to see if the tractor- trailer ordinance is actually being enforced. He said that traffic was tied up yesterday an Churton Street because a tractor-trailer was trying to go right immediately before the Ena River bridge. The truck drove over the landscaped traffic island and knocked down a DOT sign. He thought there was an ordinance that trucks were not supposed to come through town unless they were making a delivery in town. Chair Jacobs asked the Manager to call the Town Manager to get a report. Commissioner Carey said that a list of maintenance needs is a good idea. He said that he received a call from a citizen that got a notice to pay a ticket, which said that he was supposed to pay it at 108 Churton Street. The citizen could not find a building with #108 on it. This is actually the courthouse, and the citizen was not aware of it. John Link said that the same man called him today and they are pursuing this. Commissioner Carey said that the APS task force has been working diligently, and one of the first issues to be brought back will be on structure. There will be a public discussion and a listening session on this issue. He asked for specific suggestions from the Commissioners on this subject. Commissioner Brown - no comments. Chair Jacobs congratulated David Hunt, Deputy Clerk and Information Specialist, who won a third place award in the North Carolina Press Association Awards for his photography, for his work America the Beautiful, which ran in The News of Orange County. Chair Jacobs said that he circulated an invitation from the APS board for him to be an their Board of Directors. He suggested that they would probably defer making that type of decision until this process with the APS is completed. The Board agreed. Chair Jacobs said that the legislative goals subcommittee has met once and they have solicited input from the Board of County Commissioners. Chair Jacobs said that he represented the Board at the meeting of the Triangle County Commission Board Chairs and they discussed mental health reform. They were going to talk about school siting. One of the things that was brought up was the Regional Air Quality Plan and how it will be pursued. There was also a discussion about transportation, mainly involving taxation issues. There are meetings every month that involve the mayors, and they all agreed that they would like to raise $50 million a year for funding far transportation in the Triangle. They are inclined toward a tax on gasoline, which mayors could not levy. The County Commissioners would have to levy this kind of tax. He said that it was unclear if this was separate from TTA's previous efforts to seek additional revenues through an increase in license fees. Chair Jacobs said that he represented the Board for the dedication of the N. C. Highway Historical Marker for Elizabeth Keckly in front of the Burwell School in Hillsborough. She was a slave that lived at the school and later earned her freedom and became a seamstress to First Lady Mary Todd Lincoln and later wrote an autobiography. This is the first historical marker for an African American or for a woman in Hillsborough. Chair Jacobs said that a citizen asked him about the Northern Center and that when the person went to the building it was locked and nothing was happening there. He said that there have been comments from citizens that they are impatient and that things are not getting done there. He asked that the County Commissioners get a schedule of what is happening at the building and have it posted at the building. Commissioner Brown asked who was in charge if someone wants to be in involved at this building. John Link said that Parks and Recreation Director Lori Taft would be the first person to contact. He will get a schedule to the Board and post it. He said that he would like to talk to this citizen to know what day this occurred and the circumstances around it. Chair Jacobs said that there were three upcoming meetings: (1} February 24, 2004 -Concerned Citizens Against Land Applied Sewage Sludge from 7:00-9:00 p.m.; {2} February 23, 2004 -Agricultural Summit from 9:00 a.m. - 1:00 p.m. at the Schley Grange Hall; and (3} March 9, 2004 -State of the Economy Breakfast at the Carolina Club. Chair Jacobs asked Economic Director Dianne Reid to talk about Saffelle, Inc. who had a fire at their facility recently. Dianne Reid said that there was an intermediate good outcome and the company has leased space in Hillsborough on Elizabeth Brady Road. They were up and running the following week. They did not have to lay off people and they are continuing their business. Commissioner Halkiotis thanked Dianne Reid far any assistance she may have provided. He said that Saffelle is one of the leading providers of cleaning products to schools systems in North Carolina. He thinks the County should do everything in its power to make sure this business stays in Orange County. Commissioner Brown said that she would be out of state during the State of the Economy breakfast and she will also be unable to attend the agricultural summit. 4. COUNTY MANAGER'S REPORT None 5. RESOLUTIONS OR PROCLAMATIONS a. City of Mebane -Orange County Service Area Agreement for Buckhorn EDD Area The Board considered adopting a resolution approving an interlocal agreement between the City of Mebane and Orange County providing far Mebane utility service areas within Orange County's planning jurisdiction in the I-85/Buckhorn Economic Development District (EDD) area. John Link said that over the past few months Chair Jacobs and Commissioner Halkiotis have been working with staff and the Mebane staff including the Mayor. They developed this resolution whereby Mebane would provide facilities to the economic development district and to the area identified as needing sewer service because of failure. The utilities could also serve the proposed Orange County Middle School #3. Chair Jacobs said that they all received a letter from the General Manager of the Orange Alamance Water Authority about how they want to serve the middle school with water. He said that Mebane does not supply sewer service without water service and Orange Alamance does not provide sewer service. Therefore, the only way to serve this part of the EDD is to work with Mebane. He said that perhaps they could work mare with Orange Alamance in the future to serve more of this area. He said that they were not snubbing Orange Alamance, but it is not a feasible proposal at this point. Planning Director Craig Benedict said that the purpose of this item was to review and act on an interlocal agreement between the City of Mebane and Orange County. The Utility Service Agreement would be for the Buckhorn/1-85 Economic Development District. The purpose of this agreement is to service this entire area with water and sewer service. The agreement defines the service area, who constructs the facilities, ownership and maintenance of the facilities (responsibility of Mebane), and service standards. The facilities will be built to the utility standards within Mebane. The planning standards for this area will remain within the jurisdiction of Orange County. Commissioner Gordon asked about where the People for Progress live. Craig Benedict said that they live along Buckhorn Road, north and south of I-85/I-40. He pointed out these areas on a map. Geof Gledhill made reference to a clarification of the agreement. He said that the agreement covers the construction of the water main and sewer outfall lines and lift stations and does not include construction of the rest of the system that might come with the development of the EDD. Presumably, this would be done by the private developers who would come in. Applications would be made to the City of Mebane for water and sewer service. There are two changes in the blue document pertaining to the Utility Service Agreement with the City of Mebane. One of them relates to the financial issues. The County has not yet received the grant funds and has not appropriated any money for the sewer system. The change covers the fact so that there is no misunderstanding. The other change is a result of a telephone conversation between him and Mebane's Town Manager. He indicated that Mebane would be agreeable to allowing connections to the existing homes and churches in the Buckhorn Road area without charging the homes with connection or impact fees. He said that the Mebane Town Council has approved this agreement, and it was broad enough to allow for the Manager and the Attorney to work through the details. Chair Jacobs said that he would like staff to work on how to apply standards for the Rogers Road community to the People for Progress group so they can be clear with people about what their responsibility will be and what would be provided othenrvise. He would like this to be brought back to the Board before anything is conveyed to the citizens so that there is no confusion. Commissioner Brown asked Geof Gledhill how this system operates in terms of expanding the service area. Geof Gledhill pointed out where the agreement covers on a map. Commissioner Brown asked about annexation ability of Mebane and Geof Gledhill said that there is no practical limit on voluntary annexation. There is a limit to involuntary annexation, which Mebane says that they do not do as well as satellite annexations. Commissioner Brown asked how much of this system could be used for annexation or other expansion of Mebane into Orange County. Geof Gledhill deferred to County Engineer Paul Thames. Paul Thames said that right now Mebane's sewer capacity for this area is 225,000 gallons a day. His expectation is that reasonable development of the EDD will consume the entire capacity. They can upgrade their infrastructure and treatment plant to increase the capacity. Commissioner Brown asked if it was possible to extend further south on Buckhorn Road. Paul Thames said that, from a utility standpoint, anything is possible with enough money. Commissioner Brown verified that any extension across the road would require a pump station. She is concerned that people on the other side will wonder why they are not connected to the system. Paul Thames said that density was more of a concern for sewer lines than for cablevision. A budget price for a gravity sewer line is $100 a foot. It is very expensive to provide sewer for an area that is sparsely occupied. He said that it was unlikely that there would be expansion in that direction. Commissioner Brown asked Craig Benedict about the number of lots that will be allowed in this residential area that could be used to expand it because this area has limited future residential land use. Craig Benedict said that there is one primary existing residential area. There is a potential far these existing 25-30 homes to be connected to the system one day. Commissioner Brown said that it is very important to make it clear why the line is not being extended further because there will be calls as to why it is ending where it is. Chair Jacobs said that they brought up these issues in the discussions with Mebane recently and they thought that having some success together with Mebane will make it easier to work toward a more formalized agreement about land use processes. Commissioner Halkiotis said that this would be a wonderful opportunity to invite the People for Progress to a meeting and to give a thank you to the Mebane Town Board for this good faith effort. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution, which is incorporated by reference, with the corrected utility service agreement. VOTE: UNANIMOUS b. Acceptance of Grant From the Public Safety Foundation of America for Wireless 9-1-1 The Board considered approving acceptance of a competitive grant award from the Public Safety Foundation of America in the amount of $33,100 for equipment, software, and professional services and authorizing the Manager to sign the grant agreement. Eric Griffin, Emergency Management Specialist, gave some background on the grant. The increase in wireless technology will result in an increase in calls to 9-1-1 from wireless phones. They filed an application for a grant with the Public Safety Foundation of America, and were notified that Orange County would be receiving the award. The award was one of 43 funded out of 106 filed. Steve Newton, Wireless 9-1-1 Coordinator for Orange County, explained the wireless system. The proposed solution will automatically take the information from the wireless phone company and plot it at each telecommunicator's workstation. Eric Griffin said that the County must pay any amount over the allotments. Funds could come from the Wireless E911 fund, which will have no impact on the County's operating fund. No additional County casts should be expected. Commissioner Halkiotis said that he heard that Johnston County already had their system up and running. He does not want to came in second place. He would like to get moving on this now. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to accept the competitive grant award from the Public Safety Foundation of America in the amount of $33,100 for equipment, software, and professional services and authorized the Manager to sign the grant agreement. Commissioner Brown asked if this was in coordination with cell towers and EMS Director Nick Waters said that the data that they receive does come through some of the cell towers. This project does not directly have an influence on where towers are located. They are looking at the existing cell towers to enhance the total communications package. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Outstanding Caunty Program Awards Presentation The Board considered accepting the Outstanding County Program Awards for (1) School Adequate Public Facilities Ordinance (School APFO) and (2) Outreach and Education for Solid Waste in North Carolina from the NCACC. Community Programs Director Sharron Hinton said that two of Orange County's programs were being honored by the North Carolina Association of County Commissioners, by receiving the Outstanding County Program Award. She recognized the Planning and Solid Waste Departments, which are responsible for the two programs as stated above. Angela Greene, Marketing Representative from the North Carolina Association of County Commissioners, thanked the County for making these submissions for the awards. She presented an award to Solid Waste Director Gayle Wilson. Gayle Wilson said that they are proud to receive this award and they are operating some of the best programs in the southeast. He recognized his staff -Blair Pollock and Muriel Williamson. Angela Green presented an award to Planning Director Craig Benedict. Craig Benedict said that this program would not have been possible without the participation and diligence of the elected officials in the towns, County, and school districts, as well as the staff. This process took about 4'/ years. He introduced and thanked his mother. Chair Jacobs thanked and congratulated both groups of staff. He suggested taking these awards to the next Assembly of Governments meeting in April. Chair Jacobs thanked Commissioner Gordon for her work on the SAPFO. b. Triangle Transit Authority fTTA) Service Standards The Board received a presentation an Triangle Transit Authority's newly adopted regional bus service standards. Chair Jacobs welcomed Jahn Claflin from TTA. John Claflin gave a PowerPoint presentation. He gave an overview of their programs -Regional Bus and Para-transit Service; Commuter Resources Department: Vanpool, Carpool, & TDM; High Capacity Transit Service Planning and Implementation. Pralect Update - recommended for $20 million in President's FY '05 budget - received an FTA "recommended" rating in new starts report - work underway to receive Federal "Letter of No Prejudice" to start Yard and Shop and Vehicle Procurement in Fall 2004 - rail and station design is at 60°1o completion - NCDOT has approved $71 million advance of its share to start project - target date for first service: 2007 Lona-term Praiects - extension of rail service in existing corridors o adopted MPO Transportation Plans including corridor studies o DCHC MPO Transportation Plan {US 15-501 in TIP, I-40/NC 54 in adopted transportation plan, prioritization and dedicated source of funding needed) o CAMPO 2004 work plan includes the analysis of five corridors (US 1 North Capital Blvd.; US 64 East to Knightdale, Wendell and Zebulon; US 70 East to Garner and Clayton; US 401 South to Fuquay-Varina; and NC 55 to RTP) Potential Future Projects - Durham-Chapel Hill: US 15-501 (local funding source needed) - Chapel Hill to RTP: I-401NC54 {funding for next study needed) - Airport rail link (passible combination with I-40/NC 54 project) - Two additional regional rail north Raleigh transit stations {funding source needed and will be in competition with other projects) John Tallmadge took aver the presentation at this point. TTA Service Standards (adopted last near) - performance goals set by TTA Board define where transit service is performing at inadequate, adequate, or superb levels - tools to assist TTA staff and Board in deciding how best to: o meet customer demands o achieve productivity goals o evaluate service introduction and elimination recommendations Standards have been established for the following: - service performance - service changes - system characteristics - service area/service jurisdiction - service introduction - service elimination - special eventsldemonstratian services TTA Service Performance Standards Five Indicators are Measured: - unlinked passenger trips per vehicle revenue hour - cost recovery ratio - operating cost per unlinked passenger trip - subsidy per passenger trip - unlinked passenger trips per vehicle revenue mile System averages are calculated for each indicator: - also calculated for time of service (e.g., weekday, Saturday} and type of service (e.g., regional, shuttle} Each route is classified by performance: - high-performing -value is greater than 150°~ of system or category average - average -value is equal to or greater than 50°~ of system or category average but less than or equal to 150% - low performing -value less than 50°~ of system or category average TTA Service Change Standards - Route segment-level analysis will be used to evaluate minor route pattern or timing changes - Based on the comparison of routes to their peers and the TTA system, TTA staff will recommend changes to improve the following: o Service effectiveness o Cost effectiveness o Cost efficiency - Public meeting will be held if service changes are proposed which affect greater than 25°~ of the route-miles on the affected route TTA Service Elimination Standards - A route that has been operating for more than six months and is "low-performing" against three of five indicators can be considered for elimination - Prior to recommending route elimination to the TTA Board, the following will occur: o At minimum, one public meeting will be held in the jurisdiction of the proposed elimination o Alternatives for improving route performance will be evaluated, including marketing and promotions, route changes, or other strategies - If TTA proposes to eliminate more than 25°~ of the service hours on a route, or eliminates a number of trips an a route that affect more than 25% of the route's ridership, TTA will hold a public hearing for public comment on the proposed change TTA Service Introduction Standards - New service will be introduced based upon the following: o Density analysis o Demand analysis o New service requests o Provision for key destinations - New services will be evaluated by "new route" performance standards o Established at 75% of regular performance standards TTA Services in Orange County - TTA currently operates two routes between Chapel Hill and RTP {via Woodcroft or Southpoint Mall) and two routes between Chapel Hill and Durham (via New Hope Commons or direct} - TTA currently operates approximately 12,250 service hours per year in Orange County, or 13% of our total service hours - Approximately 12°~ of TTA boardings and alightings occur in Chapel Hill - Six vanpools bring 90 daily riders to UNC - Four vanpools start in Orange County traveling to RTP and Wake County TTA Services Plans for Orange County - TTA has identified demand for express services among current riders o Further destination-based research will identify the viable corridors for this service to major activity centers, including UNC-Chapel Hill - TTA has been working with Orange County staff to evaluate demand for public transportatian services to other Orange County employers, including County staff - TTA is negotiating a discounted-pass program for students, employees, and faculty at UNC- Chapel Hill Chair Jacobs asked John Claflin about the meeting of the Mayors in the RTP and if they were talking about a separate funding stream. John Claflin said that this was the Regional Transportation Alliance and it is a separate funding mechanism and it is looking at future funding. They are looking at how to move forward with additional improvements in transportation. It is not associated directly with TTA. Chair Jacobs asked about TTA trying to get legislative authority to raise the registration fee. John Claflin said that they have not talked about this at all. Chair Jacobs asked about TTA connecting Orange Public Transit and Chapel Hill Transit in order to serve a community college in Orange County and if this was the kind of key destination that TTA would look favorably upon trying to serve. John Claflin said that they are looking forward to having a community college in Orange County and serving this with public transportation. 7. PUBLIC HEARINGS a. Public Hearing on Orange County's 3-Year Solid Waste Plan Update The Board received public comments on the 3-Year Update of Orange County's Solid Waste Management Plan; considered directing staff to make any necessary revisions to the Plan; and considered adoption of the attached resolution endorsing the 3-year Update of Orange County's Solid Waste Management Plan at this or a subsequent BOCC meeting. Rod Uisser said that the State of North Carolina requires that counties have on file aten-year solid waste management plan. This took effect in 1997. There is also a requirement for a tri-annual update. The County and Towns submitted an update in 2000. Since the last submission, the County has taken over the major responsibility for solid waste management and the next update was due in 2003. They requested and received an extension. They have tried to take the direction received from the Board at a work session in November. They removed from the plan the previous inclusion of plans to build a materials recoverable facility. This will scale down same of the expansions of existing recycling services. Orange County leads the state in solid waste reduction with a reduction of about 45% per capita since the 1991-1992 base year. This has been accomplished without much support from the State level. Solid Waste Director Gayle Wilson said that the plan maintains the 61 % goal of waste reduction and that Carrboro and Hillsborough have scheduled this item to be heard. Commissioner Gordon said that Appendix C was not in her packet and Gayle Wilson said that he would provide that to the Board. Commissioner Brown made reference to page 30 and illegal disposal in the county. She said that it could have a lot more about the County and not just Chapel Hill. She said that Planning Director Craig Benedict knows about finding illegal dumpsites. Gayle Wilson will contact Craig Benedict and make sure that it is more comprehensive. Commissioner Gordon made reference to the Executive Summary and asked how they find out if waste is generated in Orange County but delivered somewhere else. Gayle Wilson said that each permitted disposal facility is required by administrative code to annually report the origin of the waste they receive. Orange County receives information from the Division of Waste Management from the reports submitted by public and private landfills. Commissioner Brown made reference to the Executive Summary and said that alternative financing is another word for fee. She asked why it just does not say "fee". Gayle Wilson said that the Board has not made a final decision on it actually being a fee, although it likely will be. Chair Jacobs suggested listing what it might mean. PUBLIC COMMENT: AI Vickers, Vice-Chair of the Solid Waste Advisory Board, referred to a letter from the Solid Waste Advisory Board (SWAB). He read from the letter. They want to commend the Commission for the 45°~ reduction of waste. They want to support the retention of the goal for the 61 % reduction. They are concerned about the removal of the implementation plan and a roadmap for achieving the planned provisions. They have some concern about long-term financial implications if there is a postponement of the attainment of the goal. The 45% reduction in solid waste is phenomenal and they know this was achieved with the strong support of the community. They believe that the 61 °fo reduction goal is possible, but it will require a strong plan. The main concern with the three-year plan is that elements to achieve the goal are not defined. They believe that the roadmap is critical to continued success in the long term. He said that if Orange County does not achieve the goal of 61 °~ or continue to make progress, there would be long-term financial implications. When the landfill closes in 2009, there will be a lass of revenue and an increase in expense. They are very concerned about this. In summary, the SWAB endorses the draft three-year update, although they feel that a mare aggressive implementation strategy should be considered. They request that the County direct the Solid Waste Management Department to work with the SWAB in developing the next three-year update. B. J. Tipton deferred her time to AI Vickers. Chair Jacobs asked how they should ask UNC to be a formal member of the SWAB other than the liaison. Ms. Tipton said to formally ask them. Chair Jacobs said if Hillsborough and Carrboro are making comments on this plan at scheduled meetings, then the Board should wait until they hear their comments before adopting the plan. Rod Visser said they could communicate to the towns that the Board of County Commissioners has deferred this until they have acted. A motion was made by Commissioner Gordon, seconded Commissioner Carey to adopt the concept of the attached resolution endorsing the 3-year Update of Orange County's Solid Waste Management Plan, pending comment from the Towns. VOTE: UNANIMOUS 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey 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: October 27, 2003- BOCC work session; October 30, 2003 - BOCC Joint Meeting with the Town of Hillsborough; November 11, 2003 - BOCC work session; and January 26, 2004 - BOCC regular meeting. b. Appointments -None c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 32 requests for motor vehicles property tax releases or refunds. d. Applications for Property Tax Exemption The Board approved five (5) untimely applications far granting exempt status from ad valorem taxation far the 2003 tax year. e. Advertisement of Tax Liens on Real Property The Board accepted a report on the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute 105-369 and set March 10, 2004 as the date by the Board for the tax lien advertisement. f. Agreement Renewal with Respite Care Providers and the Department on Aging The Board authorized the Manager to sign agreements for respite care providers. Such authorization shall not exceed the amount budgeted for this function in the operating budget for the Department on Aging. c,~. Lease Approval: Land for Temporary Alternative School Site The Board approved the lease between Orange County and the Orange County Board of Education for land located under and around the modular unit currently situated at the corner of Tryon and Hassell Streets in Hillsborough, including six parking spaces; and authorized the Chair to sign and the Clerk to attest the lease. h. Authorize Existing Assistant to the Clerk Positions as Permanent Full Time The Board authorized the two Assistants to the Clerk positions as permanent full time. VOTE ON CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Site Plan -Efland Cheeks Park (Phase II) The Board was to consider approving the submittal of a site plan for Phase II of Efland Cheeks Park; and to consider authorizing the staff to submit the site plan for approval, with the construction bid process to follow once the County has hired a Construction Manager. DEFERRED b. Acceptance of Report by Action Audits, LLC and Adoption of 2004 Rate Order Resolution for Cable Services in Unincorporated Orange County The Board considered approval of the cable consultant's review of a request by Time Warner Cable to increase rates charged for basic cable television service, installation, and equipment rental for 2004, and adoption of a rate order resolution based on that review in unincorporated Orange County. Assistant County Manager Gwen Harvey said that the teal color sheet is a change in the abstract. The only change is to say that the Board not only accepts, but also adopts the report that has been prepared by the consultant. Michael Patrick, Chair of the Cable Advisory Committee, said that under the federal regulations, the County does not have regulatory authority over the rates. There is some review authority over the basic tier rates. The cable operator has to submit to the County figures that justify the rates that it wants to set for the basic tier. The procedure for the County is to refer the data to the Triangle J consultant for their comments. In past years, they have criticized and made changes, and this year they have reviewed the data and determined that the calculations in establishing the basic tier complied with federal regulations. The consultants recommend that the Board adopt the resolution. Last year, the Durham County Commissioners voted to disapprove the rates because they considered the approach to allow the cable operators to inflate the rates more rapidly than inflation. Time Warner appealed it to the FCC and it is under review by the FCC. The advisory committee reviewed this and recommends that it be approved. Commissioner Halkiotis said that taking on the FCC is probably like taking on the Nuclear Regulatory Commission. Commissioner Brown said, with no disrespect to the committee, that she couldn't vote for an increase in Time Warner's rates. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the cable consultant's review of a request by Time Warner Cable to increase rates charged for basic cable television service, installation, and equipment rental for 2004, and adoption of a rate order resolution based on that review in unincorporated Orange County. VOTE: Ayes, 3 (Commissioner Carey, Commissioner Halkiotis, and Commissioner Gordon); Nays, 2 (Chair Jacobs and Commissioner Brown) c. Proposed Addenda to the Interlocal Agreement on CHCCS High School #3 The Board considered approval of andlor discussion of two addenda to the interlocal agreement that became effective August 7, 2003 regarding the planned third Chapel Hill-Carrboro City Schools (CHCCS) high school; providing appropriate direction to staff regarding the proposed revision to Addendum B and the pertinent feedback received from the CHCCS. Chair Jacobs said that they have Addenda A and B. The Beard asked far changes that were made in Addendum A. The Board has asked and has not received a staff analysis of the response to Addendum B. He suggested that any questions about Addendum B should be asked now, but discussion should be reserved until the staff analysis is received. John Link said that they will respond to questions about Addendum A first. He said that the County Attorney responded to questions raised about Addendum A in late fall. In December, both addenda were sent to the school board without the Board's action. The school board approved Addendum A without any changes. There were three items in Addendum B that the school board did not agree to. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve Addendum A. VOTE: UNANIMOUS Commissioner Gordon asked about Addendum B. She distributed a memo from Rod Visser to John Link in August 2003. She said that when she read the initial agreement, she thought that if the school board met the smart growth principles, that they could build a $30 million school. She made reference to the middle paragraph in the memo. She read as follows: "If the Board does ultimately approve the issuance of an additional $2.2 million in debt to increase the third high school project budget to $30 million, those funds would have to be earmarked for the school development/construction/equipping undertaking itself. In accordance with the County's own Debt Management Policy, `incurrence of debt ar long-term borrowing will only be used for the purpose of providing financing for capital projects...debt issuance will not be used to finance current operations or normal maintenance.' Furthermore, the Local Government Commission, which would approve and oversee issuance of the County's alternative financing instruments, would require that the debt be issued for purposes directly related to the acquisitionldevelopment!construction/equipping of the capital facility itself." She then read the last sentence, "If the Board wishes to provide additional emphasis andlor financial support to promoting these considerations (for example, by expanding public bus service to the new high school), staff will be happy to develop some options as to how that might be addressed in the budget." She asked the staff to do an analysis of this. She wonders if, in encouraging these smart growth initiatives, the County should put up same money. She would like the analysis to include how the $2.2 million will be allocated. Commissioner Brown asked what the Board is trying to accomplish. Chair Jacobs said that they are awaiting a staff analysis of pages 39-45 for Addendum B. If there is anything the Board wants staff to bring back, this is the opportunity to ask those questions. Commissioner Brown referred to page 40, number 4 and said that it is not clear what this means: "The Board of Education only waived its right to legal recourse to the first phase of the high school construction, not second phase." Geof Gledhill said that it relates to Addendum A and in the Board of Education's proposed Addendum A, there was language which would make it not applicable to anything but the first phase of the project because the smart growth concepts are likely to carry into additional phases. The draft of Addendum A that the Board just approved did not include this language. The Board of Education approved the language that the Board just approved, so it is not an issue. John Link said that their presumption is that the $2.2 million that will be provided to the school system is to be used to address all of the items articulated by the Board. There are three items that the school board has taken exception to. The staff will come back and speak to those elements and if those three items are ultimately funded, then the staff will let the Board know if any of those items need to be funded through alternative financing or whether they need to be financed through pay-as-you-go funding by the County Commissioners. Chair Jacobs clarified that the Board has not acted an the standards yet. The County Commissioners forwarded it in the interest of expediting the process of getting the school built an time. Commissioner Brown asked about the 800-student school and the possible expansion of it. She wants to make sure that the expansion, if there is one, and the additional parking spaces are on land that would not be too expensive to justify expansion. She would like to have the architect look at this to make sure it can be expanded and at what cast. Chair Jacobs asked for this report from the school district. John Link will communicate this to the school board. Chair Jacobs said that he read some minutes of the meeting of the school-planning group, where it seemed to state that Commissioner Gordon was advocating that this be a 1,000-student facility expandable to 1,500. He asked if this was what she was advocating for. Commissioner Gordon said that what she meant is that they should plan the school so that if they wanted to expand it later to 1,500 that they could. Along time ago, she thought the school should be for 1,000, expandable to 1,500, but it is not; it is 800, expandable to 1,200. d. PD-1-03 State Emplovees Credit Union Addition Planned Develoament Rezonina and Class A Special Use Permit The Board was to consider closing the public hearing, hear recommendations and them make a decision regarding the State Employees Credit Union's proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities. DEFERRED e. Appointments (1) Town of Hillsborouah - 250t" Anniversary Committee The Board considered appointing a County Commissioner or other At-large representative to serve on the Town of Hillsborough's 250t" Anniversary Committee. Commissioner Halkiotis suggested appointing appoint Economic Development Director Dianne Reid. The Board agreed by consensus. (2) Adult Care Home Community Advisory Committee The Board considered an appointment to the Adult Care Home Community Advisory Committee (ACHCAC) . A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint Jerry Ann Gregory to the open position for aone-year training term to expire March 31, 2005. VOTE: UNANIMOUS (3) Cable TV Advisory Committee The Board considered an appointment(s) to the Cable TU Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Fredrick S. Brown for a partial term to expire December 31, 2004 and James F. Walker for a full term to expire December 31, 2005. VOTE: UNANIMOUS (4) Orange Community Housing and Land Trust (OCHLT) Board of Directors The Board considered an appointment to the Orange Community Housing and Land Trust {OCHLT). Commissioner Brown suggested deferring this appointment until the Board decides which boards and commissions that they want to be on, which Chair Jacobs said should be in March. The Board agreed. 1 Q. REPORTS -NONE 11. CLOSED SESSION -NONE 12. ADJOURNMENT A motion was made by Commissioner Gardon, seconded by Commissioner Halkiotis to adjourn the meeting at 9:45 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board