HomeMy WebLinkAboutMinutes - 20040316APPROVED 05/18/2004 MINUTES
BOARD OF COUNTY COMMISSIONERS
March 16, 2004
The Orange County Board of Commissioners met for regular session on Tuesday, March 16, 2004 at 7:30
p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret Brown,
Alice M. Gordon, Stephen Halkiotis
COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod
Visser, and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified
appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA
FILE IN THE CLERK'S OFFICE.
1. Additions or Changes to the Agenda
Chair Jacobs reviewed the items at the Commissioners' places. The new agenda sheet had a
change on item 10. The hot pink sheet is part of the legislative goals and the other is a change in the
definition for item #46. The lavender and aqua sheets were faxed previously to the County Commissioners
and deal with federal assistance that they will be asking for from Congressman David Price and the other is
the CIP documentation. The white sheet is information on the special presentation, No Child Left Behind in
Orange County.
Chair Jacobs said that Commissioner Carey was absent due to an unexpected death in his family.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge
2. Public Comments
a. Matters not on the Printed Aaenda
Pam Hemminger said that she is involved with many soccer associations, including the Orange
County Soccer Alliance. She asked the County Commissioners to keep pushing ahead with more fields
besides the complex that was approved in Efland. She said that they needed more fields closer to where
they were actively playing and working. She said that they are turning away kids because there is nowhere
to put them. They would like the Board of County Commissioners to work with the Orange County Soccer
Alliance when spending the rest of the soccer superfund money. They would like to also get working on the
lights at the Smith Community field.
b. Matters an the Printed Aaenda
(These matters were considered when the Board addressed that item on the agenda below.)
3. Board Comments
Commissioner Brown said that she represented the Board at the recent NACo meeting in
Washington, DC and she attended meetings that dealt with mental health. She said that North Carolina had
delegates that joined into say that this issue is not well understood by mast people and those that do
understand this are trying to get more money for mental health. She said that this is a terrible loss to our
communities and we are turning our backs on this mental health issue.
Commissioner Halkiotis - no comments.
Chair Jacobs said that it would be a good idea for the Parks and Recreation staff to get together with
the soccer people in the County to compare timetables for the facilities that are online to be developed -
Southern Community Park, Cedar Grove, and Twin Creeks. He would like to see a timetable for our entire
park facilities and how all this would tie in with the soccer issue.
John Link said that they would have this timetable for the Board of County Commissioners by the
end of the week.
Chair Jacobs said that in reference to the field use, he thought they had learned from the mistakes
learned by others in developing soccer fields with monoculture grass that could not handle the use. He said
that there was some question about why the fields are not available until the first of April. He asked if this
was the policy and if this was the same situation that Chapel Hill is in. He asked for some information on
this because he would like to answer the questions from citizens.
Chair Jacobs said that, regarding the soccer superfund, he would like to see more public-private
partnerships with groups like the Orange County Soccer Alliance.
Chair Jacobs said that he attended a meeting of the Chairs of the Board of County Commissioners
from Wake, Durham, and Orange Counties and the subject was air quality. On April 15t", there is going to
be an announcement about whether we are anon-attainment area or not. He said that on April 12t" there
would be a meeting of the Greater Triangle Clean Air Coalition at the airport to announce the formation of a
public-private group that will work toward addressing the air quality issues. Today they discussed adopting
a Clean Air Policy. There is also a meeting on April 20t" of the Triangle's Best Work Places for Commuters,
which is an effort of Triangle J. He said that Orange County is a little behind the curve in this area.
Chair Jacobs said that the Regional Transportation Strategy lunch meetings are taking place once
a month at the airport. He has asked Karen Lincoln to be their representative and any of the County
Commissioners are welcome to attend.
Chair Jacobs walked through the township meetings for citizens to comment on some of the
elements of the County's Comprehensive Land Use Plan Update. All meetings start at 7:00 and last
approximately two hours.
Chapel Hill March 23, 2004 Southern Human Sen%ices Center
Little River March 30, 2004 Caldwell Community Center
7607 NC 157
Bingham April 12, 2004 Orange Grove Community Bldg.
6800 Orange Grove Rd.
Cheeks April 15, 2004 Efland-Cheeks Community
Center
117 Richmond Rd.
Eno April 19, 2004 Pleasant Green Community
Center
3030 Community Center Rd.
Cedar Grove April 22, 2004 Northern Human Services Center
5800 NC 86
F. Gordon Battle Courtroom
Hillsborough Apri128, 2004 106 E. Margaret Ln.
Commissioner Gordon announced that TTA has hired a General Counsel - Wib Gulley -and one
of the conditions of his employment is to resign his State Senate seat.
Commissioner Gordon said that Chair Jacobs asked her about the status of the TAC moving the
MPO boundary. She said that she checked on it and it is just a proposal. One of the options is to mane the
boundary so that all of Orange County is included.
Commissioner Gordon said that an March 5t" a subcommittee of the TAC met with CAMPO and
they made progress on issues of mutual concern and more regional cooperation. This is in preparation for
a transportation summit on March 31St
Commissioner Gordon said that on March 30t", the TAC members of Orange County would be
meeting with Doug Galyon from NCDOT to talk about the Transportation Improvement Program.
Chair Jacobs asked about the last list of priorities and if the County Commissioners have seen it.
Commissioner Gordon said that Karen Lincoln was supposed to have sent it to them along with other items.
She does not think that any Orange County projects were directly impacted. The staff might go back and try
to order the priorities from the public hearing.
Chair Jacobs asked John Link for the list that relates to Orange County.
Commissioner Gordon said that their comment period is closed, but Chapel Hill has asked for their
comments to be included later and it was accepted. She assumes that this would hold true for any other
jurisdiction.
Chair Jacobs said that they might want to add transportation improvements on the joint meeting
with the Town of Hillsborough on March 22"d
Commissioner Gordon said that due to a conflict, she would not be able to attend that meeting.
Chair Jacobs said that there is a draft that was faxed to the County Commissioners yesterday.
Commissioner Gordon asked for the fax to be sent to her again.
4. County Manager's Report
NONE
5. Resolutions or Proclamations
a. Child Abuse Prevention Month
The Board considered a request to declare April Child Abuse Prevention Month in Orange
County.
Harold Wilson, Department of Social Services Board member, asked the County Commissioners
to proclaim April as Child Abuse Prevention Month because in 2002, 26 children died from child abuse in
North Carolina. Last year, mare than 107,000 children were reported as abused ar neglected in North
Carolina. In Orange County, there were 958 reports of abuse and neglect in 2003. He said that this is a
community problem and they need support from the whole community. He asked the community to
encourage others to report cases of maltreatment of children.
Commissioner Halkiotis read the proclamation.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve
and authorize the Chair to sign the proclamation as stated below, declaring April as Child Abuse Prevention
Month in Orange County.
Child Abuse Prevention Month
April 2004
WHEREAS, child abuse is a community problem and finding solutions requires involvement among people
throughout the community; and
WHEREAS, over 1300 children in Orange County were referred to Social Services for suspected child
abuse or neglect last year; and
WHEREAS, the impact of abuse and neglect lasts throughout life; and,
WHEREAS, children who are loved and nurtured grow up to be healthy, creative and productive community
members; and,
WHEREAS, it is the goal of Orange County to improve the quality of life of all children who live here; and,
WHEREAS, preventing child abuse and breaking the cycle of abuse is the responsibility of every citizen;
NOW, THEREFORE do we, the Board of County Commissioners of Orange County, North Carolina, hereby
proclaim April 2004 as "Child Abuse Prevention Month" and call upon all citizens and organizations to join
together to prevent child abuse.
THIS THE 16th DAY OF MARCH 2004.
VOTE: UNANIMOUS
b. Public Safety Telecommunicators Week
The Board considered a proclamation to declare the week of April 11 through 17, 2004 as Public
Safety Telecommunicators Week in Orange County and authorizing the Chair to sign.
Gwen Snowden with Orange County EMS presented this.
Commissioner Gordon read the proclamation.
A motion as made by Commissioner Halkiotis ,seconded by Commissioner Gordon to declare
the week of April 11 through 17, 2004 as Public Safety Telecommunicators Week in Orange County and
authorize the Chair to sign the proclamation as stated below:
PUBLIC SAFETY TELECOMMUNICATORS WEEK
2004
A PROCLAMATION
WHEREAS, Thousands of dedicated Telecommunicators daily serve the citizens of the United States
and Canada by answering their telephone calls for law enforcement, fire, and emergency medical services
by dispatching the appropriate assistance as quickly as possible; and
WHEREAS, The critical functions performed by professional Telecommunicators also include those
related to forestry and conservation operations, highway safety and maintenance activities, and many other
operations performed by federal, state and local government agencies; and
WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of
these communication systems through their leadership and participation in training programs and other
activities provided by the Association of Public Safety Communications Officials and the National
Emergency Number Association; and
WHEREAS, These associations are organizations of mare than 100,000 people engaged in the design,
installation and operation of emergency response communications, has set aside the week beginning April
11, 2004, to recognize Telecommunicators and their crucial role in the protection of life and properly; and
WHEREAS, Michael F. Easley, Governor of North Carolina, has proclaimed the week of April 11-17,
2004, as Public Safety Telecommunicators Week in North Carolina;
NOW, THEREFORE, we the Orange County Board of Commissioners hereby proclaim the week of April 11-
17, 2004, as "National Public Safety Telecommunicators Week" in Orange County, North Carolina, in honor
and recognition of our County's Telecommunicatars and the vital contributions they make to the safety and
well being of our residents.
Adopted this 16th day of March 2004.
VOTE: UNANIMOUS
c. County Government Week
The Board considered proclaiming the week of April 18 through 24, 2004 as Orange County
Government Week and endorsing the "Official for a Day" activities.
Director of Community Programs Sharron Hinton said that April 21St is the Official far a Day
program and high school students will spend time with directors and go through a mock Board of County
Commissioners' meeting.
A motion was made by Commissioner Halkiotis ,seconded by Commissioner Gordon to approve
and authorize the Chair to sign the proclamation as stated below, proclaiming the week of April 18 through
24, 2004 as Orange County Government Week and endorsed the "Official for a Day" activities.
ORANGE COUNTY GOVERNMENT WEEK
April 18-24, 2004
PROCLAMATION
WHEREAS, The North Carolina Association of County Commissioners and the National
Association of Counties have urged citizens across the state and the nation to learn
more about county government's role in our lives; and
WHEREAS, Counties provide public safety; offer health and human services; provide
opportunities for new businesses to prosper; and support jab training and
educational initiatives; and
WHEREAS, Counties provide many services that make America's communities stranger,
safer places to live and raise families; and
WHEREAS, County officials and employees use their role as local leaders to encourage
economic development and therefore improve the lives of their citizens and
make their communities more livable; and
WHEREAS, County governments are the citizen's local government voice, providing
solutions that bring communities together.
NOW, THEREFORE, we the Orange County Board of Commissioners da hereby proclaim the
week of April 18 through 24, 2004 as Orange County Government Week, and further encourage
all citizens to become familiar with the services provided by Orange County Government.
This, the 16th day of March 2004.
VOTE: UNANIMOUS
d. Resolution on the Future of the Dix Hospital Campus
The Board considered a resolution regarding the disposition of the 425-acre Dix Hospital
campus.
Assistant County Manager Gwen Harvey said that this resolution is a result of discussions within
the Legislative Issues Task Force. The task force included Chair Jacobs and Commissioner Halkiotis. The
hospital will be closing in 2007, and this makes the property extremely valuable. She made reference to
page 3 of the resolution, which says what the County could consider.
Commissioner Halkiotis said that they have passed a lot of these types of resolutions over the
years, but this is special because this facility belongs to everyone in the state. He would like to spend a few
dollars and mail this resolution to our legislative delegation, all Boards of County Commissioners, and the
entire General Assembly. He hopes that a quick deal is not made with this property.
PUBLIC COMMENT:
Barbara Nettles Carlson said that she is speaking from personal experience. She is a close
family member of an Orange County resident who has had a serious mental illness for 20 years. She
thanked the task force and the County Commissioners for this resolution. She strongly supports this
resolution. She serves on the public policy committee of the National Alliance for the Mentally III, the North
Carolina chapter. She said that the resolution was very consistent with the position of NAMI North Carolina,
which was presented to the Dix Property Commission several weeks ago in testimony. She said that the
message of this resolution goes right to her heart in that we need to preserve part of this property for open
space and to use the monies of the sale of the property for innovative programs and services for citizens
with mental illness. She said that the hospital was a promise on the part of North Carolina that they would
provide a haven and a shelter for its citizens and their families. This promise must be kept. She said that
the money realized from the sale of this property must be used for the mental health system and not revert
to the general fund. She agrees with Commissioner Halkiotis that we need to spread the ward an this
resolution and that there not be a quick and underhanded "solution" to this problem. She would add that a
part of the open space be used as a memorial to Dorothea Dix.
Chair Jacobs recognized Gwen Harvey as the person who crafted this resolution.
Chair Jacobs said that he received a call from a person in Raleigh that was surprised that the
Orange County Commissioners would even comment on this matter. He agrees that it is a State resource
and it is perfectly appropriate.
Commissioner Halkiotis said that we could also email this to the House and Senate.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brawn to approve
and authorize the Chair to sign the resolution as stated below:
A RESOLUTION REGARDING
THE FUTURE OF THE DIX HOSPITAL CAMPUS
WHEREAS, Dorothea Lynde Dix was a social reformer, journalist, and skilled lobbyist who as a young
woman wrote, "In a world where there is so much to be done, I felt strongly impressed that there must be
something for me to do", and who during the middle 1800s woke America's conscience to the plight of the
mentally ill; and
WHEREAS, in the autumn of 1848 Dorothea Lynde Dix came to North Carolina and toured 36 counties to
conduct a census of the mentally ill in jails, poorhouses, and private homes; and
WHEREAS, in a "memorial" submitted to the North Carolina legislature, she emphasized the need to
remove the insane from jails and recommended modern approaches to the treatment of the mentally ill
along with specifics of needed buildings and equipment; and
WHEREAS, through the persistent effort of Dorothea Lynde Dix and the personal appeal of James C.
Dobbin, an influential legislator from Fayetteville, the legislature was persuaded to adopt in December of
1848 an act that provided for an appropriation and the appointment of six commissioners to select a site
and oversee the erection of a hospital that would eventually be named in Dix's honor; and
WHEREAS, on February 22, 1856, the first person was admitted, suffering from "suicidal mania" and in the
first nine months was joined by 51 males and 39 females; and
WHEREAS, over the intervening century and a half, thousands of North Carolinians and their families have
been served by Dorothea Dix Hospital; and
WHEREAS, today the Dorothea Dix Hospital is situated on a beautiful 425 acre tract of land, accentuated
by oak and pecan trees, on the south side of Raleigh with a commanding view of the city skyline, making it
the largest tract of undeveloped land near downtown Raleigh with an estimated worth in the millions; and
WHEREAS, the disposition of this historic property -perhaps the only tangible collective asset of persons
with mental health, substance abuse, and developmental disabilities in North Carolina - is the current
subject of much debate and discussion as the State moves to close the facility in 2007; and
WHEREAS, a special commission has been established to make recommendations to the legislature,
drawing upon views and opinions from individuals and organizations as diverse as mental health advocates
and professionals, neighborhood activists, government administrators, park designers, and state historians;
NOW THEREFORE THE ORANGE COUNTY BOARD OF COMMISSIONERS calls upon the Dix property
special commission to be as visionary as Dorothea Lynde Dix and consider supporting an approach that
honors the past and inspires the future by reserving an appreciable amount of acreage an the Dix campus
for public open space, with the remaining portion of the property to be leased or sold for complementary
urban development, with all monies received dedicated to and reinvested in innovative programs and
projects that benefit the mentally ill throughout North Carolina.
Adopted this the 16th day of March, 2004
VOTE: UNANIMOUS
e. Resolution on Re-entering Informal Franchise Renewal Negotiations with Time Warner
Cable
The Board considered a resolution setting forth a strategy for the Cable Advisory Committee of
Orange County and the County staff re-entering into informal franchise renewal negotiations with Time
Warner Cable {TWC).
Michael Patrick, Chair of the Cable Advisory Committee, said that we are eight years in the
process of trying to negotiate a franchise agreement with Time Warner. He said that last fall he came
before the Board of County Commissioners when the committee felt that they were getting nowhere with the
negotiations and recommended that the County Commissioners approve an ordinance that set forth what
was important from the County's standpoint. Then Time Warner appeared before the Board and told them
not to approve it because there were a couple of areas that were still in disagreement. After the Board
approved it, Time Warner advised the County that they would not sign the franchise that the County
Commissioners had endorsed. His committee went back and recommended taking steps toward a formal
renewal process. The first part of this is that the County has to have a needs assessment to survey the
populous. Time Warner came back finally and responded to the Board of County Commissioners' version
of the Ordinance and agreed to only two of the six positions. He said that as a committee they are
proposing as a last resort a mediation process with Time Warner. They have been told that Time Warner
will agree to attempt to mediate the remaining issues. This resolution will allow the committee and the
County Manager's office to attempt a mediation effort with Time Warner during the month of April.
Commissioner Halkiotis asked about the franchise fees to Orange Caunty. Michael Patrick said
that they paid $150,000 last year.
Commissioner Halkiotis asked how much these mediations are going to cast the County.
Michael Patrick said that he personally intends to be direct and to the point. He is a lawyer and he has sat
in on negotiations with Time Warner before. He knows what issues remain and he wants a short mediation.
He does not anticipate a great amount of money.
Commissioner Halkiotis said that he refuses to attend Caunty Commissioner functions that have
any kind of financial support by Time Warner Cable. He said that he could not attend any conferences last
year because Time Warner supported most of them. He finds it very troubling that the County
Commissioners' Association would be selling itself out by doing this.
John Link said that he does not intend far this to drag on and they have set aside April for this
mediation. Depending on the Board's action, they may be ready to appropriate funds in the budget to carry
forward with the formal process of renewal.
Michael Patrick said that he does not expect success, but if they are going to spend taxpayers'
money, they should at least go through this step.
Commissioner Brown said that Time Warner was at the meeting last fall where the same
proposal was brought forth and they rejected it. She was surprised that the man from Time Warner was
even there and he further suggested that they discuss it some more. Michael Patrick said that was Brad
Phillips and they have conceded since that time to the County's request on density. Time Warner agreed to
the density of 18 homes per mile. There are other unresolved issues.
Commissioner Brown said that the Time Warner letters are ringing in her ears and to start
another discussion with them after all these years, she does not feel that the outcome will be good. She
does think it is always wise to keep the avenue of communication open. She also thinks it is an interesting
prospect to look at any new technology. She thought that Time Warner was obligated to provide the
technology to have public meetings on a special channel.
Michael Patrick said that if they go through this process that they would be in a position to come
back at the end of April and tell the differences in the positions. At this time, he does not know Time
Warner's position on four of the issues.
Chair Jacobs added that he and Commissioner Carey, who are members of the Cable Advisory
Committee, and the Manager's staff met. He said that Commissioner Carey was very angry after reading
Mr. Phillips' letter. Commissioner Carey was still willing to undertake all of this with the understanding that
they have done all that they can. He said that Andy Sachs from the Dispute Settlement Center is willing to
work on this issue. He said that within the next six weeks they should be able to resolve whether the
County has done all it can in a collaborative way and if not, then they will address the issues in a more
formal way.
Commissioner Halkiotis said that when everything else fails they still have The Peoples Channel.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adopt
and authorize the Chair to sign the resolution as stated below setting forth a strategy for the Cable Advisory
Committee of Orange County and the County staff re-entering into informal franchise renewal negotiations
with Time Warner Cable {TWC}.
RESOLUTION
Authorizing Re-entry into Informal Franchise Renewal Negotiations with Time Warner Cable
Facilitated by Dispute Settlement Center
of Orange County
WHEREAS, the Board of County Commissioners on October 1, 2003 adopted at second reading a
franchise renewal ordinance with Time Warner Cable that represented the "best offer" from the Orange
County Cable Advisory Committee as agreed to by the Board; and
WHEREAS, the Time Warner Cable representative attending the meeting spoke against approval of the
franchise renewal ordinance and stated that only "1 or 2 small issues" separated the County and the cable
operator; and
WHEREAS, Time Warner Cable officially responded to the Caunty on October 31, 2003 in a letter indicating
that the adopted ordinance was not acceptable, and that they wished to discuss with the County whether
the parties could continue informal negotiations or resort to the formal negotiation process; and
WHEREAS, County staff responded by requesting a written statement on the "1 or 2 small issues" that could be
addressed jointly over a reasonable period of time, given a history of prolonged and often unproductive informal
negotiations; and
WHEREAS, Time Warner Cable responded on February 17, 2004 by submitting a revised franchise
ordinance, which while it reflects concessions on density requirements for cable service extension and
discounted costs to the County for cable modem, still presents areas of challenge and concern far the
County on enforcement provisions and PEG (Public Education and Government) issues; and
WHEREAS, the Cable Advisory Committee appointed by the BOCC to serve as the citizen arm on franchise
renewal and customer complaints has reviewed the current situation and revised ordinance, and called
upon the BOCC to consider moving forward with a community needs assessment -the prerequisite to
undertaking the more expensive and adversarial, yet more decisive formal franchise renewal process; and
WHEREAS, the BOCC has an interest in initiating another round of "good faith" negotiations with Time
Warner Cable, but utilizing the services of a neutral, third party facilitator, so as to thoroughly exhaust the
informal negotiation process before moving forward with the formal negotiation process;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners authorizes the
Cable Advisory Committee in conjunction with the County Manager's Office to re-enter informal negotiations
on the cable franchise renewal ordinance with Time Warner Cable, utilizing the services of a neutral, third
party facilitator, and that a report be made to the BOCC on results by the beginning of May 2004 so that, if
necessary, any funding implications for formal negotiations could be evaluated as part of the annual budget
process for Fiscal Year 2004-05.
Adopted this the 16th day of March, 2004.
VOTE: UNANIMOUS
6. Special Presentations
a. Potential Impacts of Federal "No Child Left Behind" Legislation
The Board received an assessment from the County's two school systems of the potential
impacts of "No Child Left Behind".
John Link said that in 2002 Congress and the President signed into law No Child Left Behind.
This was the objective to address each child in the United States in terms of pursuing an excellent
education for each child. Since that time, many have expressed concerns about this law and what it
requires of each school system. Recently, the Board of Caunty Commissioners has asked both school
systems to report on this law and its meaning to each school system in terms of its impact. Dr. Shirley
Carraway from Orange County Schools has worked on this with Neil Pedersen from Chapel Hill-Carrboro
City Schools. The presentation was made by Dr. Shirley Carraway. Dr. Pedersen was out of town and
therefore unable to attend the meeting.
North Carolina, Orange County, and No Child Left Behind
Narth Carolina and No Child Left Behind
• Signed into law Jan. 8, 2002
• Tremendous impact on /North Carolina's public schools
• Closing achievement gaps
• High achievement for ALL students
• Highly qualified teachers
• Has been integrated with the ABCs
North Carolina's ABCs and NCLB are based on:
• Greater local school accountability and control
• Rewards for success
• Sanctions far not meeting standards
• Strong basics
• Flexibility in resource allocation
• Parent communication, participation, and,
in NCLB, school chaice
History of ABCs schools' success
3rd-8th graders proficient in both reading and math
The achievement gap
In 2001, the General Assembly mandated that, beginning in the 2002-03 school year, the state include a
"closing the achievement gap" component in its measurement of student growth
NCLB is the next step
• 100% of students proficient or better in reading and mathematics (according to state standards) by 2013-
14
• Building on the success of the ABCs to meet the goal of the federal law
Braad effects of NCLB in NC
* Expands testing -scope and participation
• Focuses assessment data on subgroup performances
• Increases reporting of disaggregated data results and progress toward closing the achievement gap
Broad effects of NCLB in NC
• Raises standards for teacher and paraprofessional quality
• Opens mare options for parents -supplemental services, information and school chaice
Major differences between ABCs and NCLB
AB Gs
• "growth" mode!
• ABCs measures:
overall pen`ormance o the school
growth of students aver time
IUCLB
• Adequate Yearly Progress {AYP): "all or nothing" model
• AYP uses ABCs scores to measure;
whether specific groups of students meet specified goals -regardless of how much they
have grown
AYP: All ar Nothing
Ef/and-Gheeks Elementary School
Adequate Yearly Progress targets
• The school as a whole
• White
• Black
• /Native American
• AsianlPacific Islander
• Hispanic
• Multiracial
• Limited English Proficient
• Students with Disabilities
• Economically Disadvantaged Students
Adequate Yearly Progress targets
• The school as a whole
• White
• Black
• (Native American
• Asian/Pacific Islander
• Hispanic
• Multiraciat
• Limited English Proficient
• Students with Disabilities
• Economically Disadvantaged Students
Targets far meeting
Adequate Yearly Progress
How AYP is determined
• All subgroups meet or exceed AYP targets for the year OR
• The percentage of students not scoring proficient in a subgroup is reduced by at least 10 percent in a
year, and the subgroup makes progress on the other AYP indicator
• At least 95% of eligible students take the test
• Attendance or graduation rate goals are met
State Performance on AYP
• 46.9% of NC schools made AYP in 02-03
• Only 27°~ of NC elementary and middle schools would have made AYP for 2000-01
Orange AYP Results
Chapel Hill-Carrboro AYP Results
ABCs incentives
• $1,500 bonus for certified staff in schools making High Growth
• $500 bonus for teacher assistants in schools making High Growth
• $750 bonus for certified staff in schools making Expected Growth
• $375 bonus for teacher assistants in schools making Expected Growth
Title I School Improvement > corrective actions > restructuring
Title I schools 2003-04
• North Carolina
• 840 school-wide
• 235 targeted assisted
Highly qualified teachers
• By June 30, 2006, all core subject area teachers will meet NCLB's definition of highly qualified
• Teachers must meet the requirements for full certification and have demonstrated competency in each of
the subjects that they teach
Highly Qualified Teachers 2002-03
• Chapel Hill-Carrboro 93.42%
• Orange 93.32°~
• Durham 79.30%
• Chatham 89.78%
• Alamance 83.02°~
• Wake 85.45°~
• STATE 82.70%
New standards for instructional paraprofessionals
• High school degree
• Associate's degree and/or two years of higher education
• Formal assessment of instructional abilities including a staff development component
• Work under direct supervision of a highly qualified teacher
• Requirements vary, depending on school and position held
Issues -AYP
• "All or nothing" model penalizes schools and school systems by labeling those that miss only one target
the same as those that miss multiple targets
Issues -AYP
• "All or nothing" model penalizes schools and school systems that have the most diverse and fastest-
growing student population
Issues -AYP
• NCLB expects all students within a school or school system to achieve the same level of proficiency,
despite their limitations or special needs
Issues -AYP
• NCLB sets absolute expectations for children within specific subgroups, when the growth of these
children, particularly those with special needs and those who are typically high achievers, would be a
better measure of success
Issues -AYP
• Parents and communities find it difficult to distinguish the difference between the ABCs and AYP, and the
two do not have the same measures
• A school can be a School of Excellence under ABCs and be a failing school under NCLB
Issues -Personnel Qualifications
• NCLB requires all teachers to be highly qualified in the content area in which they are assigned to teach
• Problematic because teachers must either attain certification in multiple subject areas or receive
alternative credit for additional subject areas
• Particularly affects special education teachers since they teach multiple subjects
Issues -Personnel Qualifications
• Requiring North Carolina teachers to increase their credit hours from 18 to 24 in one content area in
order to gain highly qualified status may be a costly mandate that will exacerbate North Carolina's
teacher shortage
Issues -Personnel Qualifications
• Staff development of teachers and paraprofessionals will become a focal paint for meeting AYP goals
• School administrators will devote considerable attention and resources toward staff development issues
Issues -Funding
• NCLB legislation set adequate federal funding levels far successful implementation, but the federal
budget has fallen short of those funding levels
• Individuals with Disabilities Education Act (IDEA) of 1975 promised federal funds of 40°~ of the cost of
serving an exceptional child, but almost 30 years later, there is a 68°~ shortage of full funding for the
program
Issues -Funding
• Requirements of NCLB combined with lack of adequate funding may result in a significant strain an
school systems
• Non-compliance with NCLB could result in a loss of federal money
Sources
• North Carolina Department of Public Instruction www.ncpublicschools.org
• Chapel Hill-Carrboro Schools district Web site www.chccs.k12.nc.us
• Orange County Schools district Web site www.orange.k12.nc.us
• North Carolina Report Cards www.ncrepoitcards.orp
• North Carolina Association of School Administrators Recommendations Regarding the No Child Left
Behind Act: February 2004
Chair Jacobs asked for copies of this PowerPaint presentation and to also make it available on
the County's website.
Commissioner Halkiotis asked John Link if he and the superintendents had discussed what the
possible financial implications could be to the Orange County taxpayers if this goes through the way it is
proposed. He said that there is a revolt taking place and 17 states have lined up in opposition to the law
and what is it going to cost. John Link said the last slide that Dr. Carraway presented, it is about $5 million
total. This is close to six cents on the tax rate as of this year's tax computation. This is only the direct
appropriation.
John Link asked how high-needs districts would ever be able to achieve the expectations of No
Child Left Behind. He said that having the federal money taken away would be disastrous for them. Shirley
Carraway said that it is going to be devastating far the high-needs districts because they are more
dependent on the federal funds.
Commissioner Brown said that Orange County has two school systems that are well-funded and
many students with great advantages. She asked how anyone could achieve these goals if Orange County
could not achieve them. Shirley Carraway said that the all or nothing standard makes this law so difficult.
Chair Jacobs said that it is his observation that this is a one size fits all philosophy. He asked if
there was discussion within the public school community about whether this is pushing us in a direction that
would lead toward having public school children going to private schools. Shirley Carraway said that a
comment was made by one of the state statisticians about sub-groups (low-income, Black, Hispanic) and
that the students that are counting the mast are the ones that will have the most difficulty. This person said
that the intent of the law was to have the most difficult students to be counted the most times.
Chair Jacobs made reference to the comment about penalizing the fast-growing and diverse
schools and said that this is taking place at the same time as the trend of re-segregation of schools
statewide. He asked what the impact would be of this law in an increasingly segregated school situation.
Shirley Carraway said that you would have fewer groups and you probably would meet the adequate yearly
progress standard. If the re-segregation means that there are more law-income and more special needs
students, then the school probably would not meet the standards.
Commissioner Brown made reference to transporting a child to a preferred school and asked if it
was in or out of district. Shirley Carraway said that if the school was in the district, the parent could request
that the child be moved.
Commissioner Brown said that the law is being packaged as something good, but it is also an
insult to public education. She said that the school systems do an excellent jab in educating the children.
She asked what more the law requires them to do. Shirley Carraway said that the law says that in many
states, that school systems were hiding children when they looked at larger groups of students and the
successful children were pulling the weight for the students that were not successful. This new law requires
them to look at every single group and says that the school is not good if all of the groups are not meeting
the standard.
Commissioner Brown asked who is watching over this program and how the State monitors it.
Shirley Carraway said that each state had to write a plan and the federal government had to approve it.
North Carolina has tried to mesh the law with the ABC's.
Commissioner Brown asked about the federal funding and how it would work. Shirley Carraway
said that the funding would be cut if the school system said that they would not adhere to the law. The
sanction will limit what you can do with the money and require that you do other things.
Commissioner Gordon made reference to the sanctions and asked if there was a formula and if
the money was encumbered if the school was sanctioned. Shirley Carraway said yes. She said that in
North Carolina you are awarded funds for students who are at-risk. As students become more proficient,
the amount of money received decreases.
Commissioner Gordon said that the sanctions are not a very effective strategy because it is
negative. She asked how the federal administration could be persuaded to allow more incentive and
flexibility. Shirley Carraway said that the issue of having all students be successful is good, but the problem
is how this is structured.
Commissioner Halkiotis said that he and Chair Jacobs are representing the County
Commissioners on the legislative agenda and this could be a wake-up call. He said that there will be some
unfunded mandates and then the school districts will run to the Board of County Commissioners for more
money. He said that there has never been a society where 100°~ proficiency was ever achieved by
anybody. He thinks it is totally insane.
Chair Jacobs asked that both school systems continue to share the concerns with the Board of
County Commissioners about this issue.
b. Workforce Development Board Annual Report
The Board received the annual program report prepared by the Regional Partnership Local Area
on Workforce Investment Act Programs, including information on expenditures on all contractor's programs,
number of participants served, articles on the JobLink Career Centers, and program success stories (the
Skills Development Center is a state chartered JobLink Center).
Chair Jacobs said that the Board regrets the passing of Mary Coble. It is clear that she was very
much loved and an appreciated member.
Gwen Price, with the Orange County Department of Social Services, presented the annual report
on the Workforce Investment Act Expenditures and Services. She said that this partnership has oversight
for Workforce Investment Act services for Randolph, Alamance, and Orange Counties. This annual report
is for July 1, 2002 -June 30, 2003. This act is to help people enhance their skills and return to the labor
force. The Title 1 expenditures assist youth, adults, and dislocated workers in the three-county area. The
Department of Commerce developed the Job Links Career system. The Orange County Skills Development
Center located on Franklin Street is a chartered Job Link Career Center offering employment training and
employer services under one roof. She said that the report on pages 15-18 highlights the services and
collaboration that exist at this center.
In closing, the Regional Partnership Workforce Development Board would like to thank the
Board of County Commissioners far their support and their proactive efforts in the development of the Skills
Development Center in Orange County.
Commissioner Brown said that the management and care of the center has made it the success
that it is.
Chair Jacobs asked if they perceived that having an Orange County site for Durham Tech would
affect the workforce development efforts in Orange County. Gwen Price said that they see this as a good
opportunity to expand training efforts in Orange County.
7. Public Hearings
a. Orange County's 2004 Legislative Agenda
Geof Gledhill said that every year the Board of County Commissioners considers resolutions to
pass on to the legislative delegation. He said that in the last year and again this year, the Board is pursuing
lobbying the federal representative for projects in Orange County where funding may be available.
The first resolution {green) relates to a tax on the impact of land development in Orange County.
A bill was created in the 198Q's and it ran into opposition from the Home Builder's Association. Orange
County has not given up an the notion of getting authority from the General Assembly to levy an impact tax
on land development for the purpose of generating money for school capital needs. This resolution would
have the County do this again. There continues to be resistance from the Home Builder's Association with
respect to the impact tax. The impact tax would be more flexible than the impact fee.
The second resolution relates to mental health reform. There is an effort to come up with a
Local Management Entity (LME} for Orange, Person, and Chatham Counties. The LME will operate the
mental health system in Orange County. Orange County is a member of the OPC Mental Health Authority
and this legislation will provide the opportunity for the OPC Authority and the joint undertaking of the three
governments to operate simultaneously for same period of time during the transition period. He said that
there is a black line that is drawn between the end of the old way of doing things and the new way of doing
things. This will be a statewide bill, but it will only directly impact few counties in the state that are moving
from an area of authority into some other mental health arrangement under the reform legislation.
The third resolution {pink} is in reference to the dispute of the Orange County and Chatham
County boundary. At the request of the State office that has monumented the boundary that was agreed
upon by the two counties in the late 80's, the manumenting organization in the State government has asked
Orange and Chatham Counties to get the General Assembly to bless the monumented line. It is overlaid by
an unresolved issue having to do with the resolution that was adopted by the two counties in the late 8Q's
that dealt with properties that were located in one county, but wanted to continue to be treated as though
they were in another county. There is a disagreement between Orange County and Chatham County as to
what the intent of the agreement was. There has been some discussion at the staff level and it is now at
the Board level about how to resolve the difference of opinion. Exhibit A is a bill to permanently record the
monumenting of the line. In bold print, there are bubbles for the areas where people live in Chatham
County but would like to live in Orange County.
The fourth resolution (orange} is Orange County initiatives, which are similar to the ones that
were sent last year. He reviewed these items.
The next grouping is the solid waste and reducing the amount of solid waste and asking the
legislators to support legislation that would make the State play a greater role in the recycling efforts {i.e.,
bottle deposit legislation, advanced recycling fees, and support recycling and disposal of white goods}.
There are new initiatives in the "other" category, one of which is to support the Mental Health
Treatment Court Pilot Bill. This is a good way of diverting people from the court system and treating them
with mental health help and not as criminals.
The other new items included are to ask for support for counties to collect an additional 5% on
court costs to help fund capital, operational, and other needs associated with judicial activities. Also, the
Register of Deeds is requesting help with transferring mortgages, which has been increasing. There are
presently no fees associated with this. This legislation would propose a fee for this. He hopes this fee
would be paid by the lenders rather than the homeowners.
Other issues include eldercare and inclusion of a definition of adequate shelter for animals.
Geof Gledhill said that no other county does as much as Orange County does for their legislators
in this respect.
Geof Gledhill said that in the abstract it makes reference to the State's Public Health Task Force
and it would be better for the County to review the task farce recommendations and then provide
comments. Also, there may be some child welfare issues that arise, but it is too early to discuss at this
time.
Finally, there was a packet of information (purple) for funding requests from the federal
government: the Northern Human Services Center wastewater treatment and disposal system, water and
sewer infrastructure needs in the Efland area, public safety and communications upgrade, section 8
housing, EFNEP/Breastfeeding program, federal tobacco quota buy-out, and bio-solids disposal.
Chair Jacobs said that they lumped together the cigarette and alcohol taxes and the monies from
the tobacco tax are recommended to go towards farmland preservation.
Commissioner Brown made reference to the section 8 housing and said that at the HUD
meetings she went to, they were saying that the County should be the participator with for-profit groups.
She would like to add this piece to the legislation to increase section 8 housing because it is an easy way to
increase accessibility of affordable housing for those that need it.
PUBLIC COMMENT:
Nancy Halt thanked the County Commissioners for serving Orange County. She distributed a
handout. She said that her section of Orange County has reported illnesses from Class B land applied
sludge from the City of Burlington. She said that they have been dealing with the EPA and other agencies
and the bottom line is it is a federal program with state regulations and no local control. She said that the
people in the County need to be able to control the land applied sewage sludge in Orange County. She
was surprised to learn that Orange County was one of the top five in the state. She said that there need to
be regulations in place instead of adhering to the EPA standards. She referred to her handout, which listed
six things that they (Orange County Concerned Citizens) request from the Board of County Commissioners.
Brooke Johnson said that he would like to give his and his wife's support far the resolution on the
Orange County/Chatham County boundary line and he thanks them for sending the letter to Chatham
County. He spoke with the Chatham County Manager, Charlie Horn, today who said that their staff included
this in their discussion with their Board of County Commissioners and they agreed to leave things the way
the two counties agreed in April 2003, or "leave things as they are for ten years." He said that he did not
think that Orange County agreed to this new resolution. The Manager told him that it was his understanding
that the two counties did agree and that it was a new resolution. He asked the Manager to send a copy of
the resolution to him, John Link, and Geof Gledhill. So far, the Manager has not sent this resolution. He
said that this plan is unacceptable to the property owners and penalizes them for choosing to stay in
Orange County by causing them to pay higher taxes while not benefiting from the increased market value of
owning an Orange County property, and denies them the right to seek a refund for the previous five years of
incorrectly billed taxes. They also have a legal problem with selling the properly. He said that it is unfair
and unjust and totally contrary to the intent of the original resolution. He gave some history of the original
resolution in 1989. He said that they think the best solution now is for the Managers, the County Attorneys,
the County Board Chairs, Rod Visser, and perhaps a good investigative reporter to meet as soon as
possible to resolve this issue.
Ben Neimitz said that he is the other property owner and he wants to reiterate what Brooke
Johnson said. They want to support the bubble for their properties and they believe that this would be an
equitable solution. He is confounded by the resistance on the part of Chatham County. He leaves this to
the Board of County Commissioners to work this out with Chatham County.
Wadleigh Harrison spoke in support of three issues: 1} act to provide counties with transition
and flexibility in implementing the plan for mental health reform; 2) the social safety net far state aid to
counties; and 3) #29 under "other", the Mental Health Treatment Court Pilot Bill. She also encouraged the
County Commissioners to reach higher and try to get mare section 8 vouchers.
Commissioner Brown asked to find out about the April meeting last year with Chatham County.
She thought there was an understanding. Rod Visser said that this is news to him about the April
resolution. He said that there was a meeting in March of 2003 among chairs where there appeared to be
progress, but it was not something that addressed the underlying concerns. They will need to talk with
Chatham County about this.
Geof Gledhill said that with respect to the resolution of this issue, if Orange County moves
forward unilaterally and asks the General Assembly to introduce the legislation, this would not happen. He
suggests that the board chairs and others meet with their counterparts in Chatham County.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt the
resolutions, except for the resolution to establish the boundary line between Chatham and Orange
Counties, for presentation to the Orange County Legislative Delegation.
VOTE: UNANIMOUS
8. Items far Decision--Consent Agenda
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve
those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes of the November 20, 2043 BOCC Work Session and the November
24, 2003 Joint Meeting of the BOCC and the Planning Board as submitted by the Clerk to the Board.
b. Appointments
(1) Adult Care Hame Community Advisory Committee
The Board reappointed Carol Gunther-Mohr to a second term to expire March 31, 2006.
(2j Historic Preservation Commission
The Board reappointed Betsy Underwood to a second term to expire March 31, 2007.
c. Motor Vehicle Property Tax Release/Refunds
The Board approved and authorized the Chair to sign a refund resolution, which is incorporated
herein by reference, related to 87 requests for motor vehicle property tax releases far refunds in
accordance with North Carolina General Statutes.
d. Criminal Justice Partnership Program Continuation Grant Application
The Board approved and authorized the Chair to sign the submission of the FY 2004-2005 grant
application of $165,221 for the continuation of Criminal Justice Partnership Program (CJPP) operations
at the current funding level.
e. Approval of South Orange Fire District Map
The Board approved the revised map of the South Orange Fire District.
f. Approval of East Alamance Fire District Contract
The Board approved and authorized the Chair to sign a contract between Orange County and the
City of Mebane related to the City's provision of fire protection services in the East Alamance Fire
District.
g, Housing Bond1HOME Programs -Transitional Housing Program
The Board authorized the execution of a Development Agreement by the County Manger with the
Town of Chapel Hill for the acquisition of rental property after the County Attorney has reviewed and
approved the Agreement.
h. Regulated Recyclable Material Ordinance Amendments
This item was removed and placed at the end of the consent agenda for separate consideration.
i. Soccer Superfund -Policy and Guidelines
The Board adopted the Soccer Superfund Policy and Guidelines.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
h. Regulated Recyclable Material Ordinance Amendments
The Board considered suggested amendments to the Regulated Recyclable Material Ordinance to
the Board of County Commissioners for consideration and approval.
Geof Gledhill said that the issue was that there are only four County Commissioners present, so the
resolution needs to be changed to indicate that it is being approved on first reading and it will come back for
a second reading at a subsequent meeting.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to change the
resolution to indicate that it will be approved an first reading and that it will come back for a second reading
at a subsequent meeting.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Appointments
(1) Special Board of Equalization and Review (E8~R Board)
The Board considered appointing three regular members, and the remaining applicants as alternate
members to the Special Board of Equalization and Review (E&R Board), all with terms ending with the
appointment of a new Special Board of Equalization and Review; and appointing one regular member to
be the Chair of the Special Board of Equalization and Review.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint Lee F.
Butzin, Pam Davis, and Reginald Morgan as regular members.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Reginald
Morgan as Chair of the E & R Board.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Margaret
Brown, William Crowther, Lawrence Daquioag, Jane L. Sparks, Tom Heffner, Ruby Tilley, and Timothy
Kepley as alternates to the E & R Board.
VOTE: UNANIMOUS
(2) Library Services Task Force
The Board considered an appointment to the Library Services Task Force.
A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to appoint Jeffrey Schmitt to
Position No. 2- At-Large to a term ending March 31, 20Q5; to add another At-Large position; and to
appoint Senator Ellie Kinnard to this At-Large Position.
VOTE: UNANIMOUS
(3) Chapel HilllOrange County Visitors Bureau
The Board was to consider an appointment to the Chapel Hill/Orange County Visitors Bureau.
DEFERRED
(4) Adult Care Home Community Advisory Committee
The Board was to consider appointments to the Adult Care Home Community Advisory Committee.
DEFERRED
b. Southern Orange Senior Center Location on Southern Human Services Center Site
The Board was to consider approving a building footprint on the Southern Human Services Center site
far the Southern Orange Senior Center.
DEFERRED
c. Site Plan -Efland Cheeks Park (Phase 111
The Board considered approving the submittal of a site plan for Phase II of Efland Cheeks Park and
authorizing staff to submit the site plan for approval.
Commissioner Gordon asked about funding and where the extra funds are coming from. She
suggested trying something else besides the School Park Reserve Fund. Environment and Resource
Conservation Director Dave Stancil said that there are mare funds and that this does not have to be decided
until the contract phase.
Chair Jacobs suggested payment-in-lieu funds. Geof Gledhill said that there is a problem with using
this money for the construction of facilities on property. The money is supposed to be used for purchasing
land and for land development, but not building facilities.
Chair Jacobs suggested deferring decision on any additional expenditures until they are incurred
and have the staff came back with a proposal. The Board agreed.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to authorize
staff to submit the site plan for approval.
VOTE: UNANIMOUS
d. Bid Award (Contract Approval and Funding Options for Little River Regional Park, Phase I
The Board considered awarding a bid and approving a contract to Romeo Guest, Inc. in an amount
not to exceed $706,166 for construction of the major elements of Little River Park; and to propose a funding
plan for Phase I of Little River Regional Park and Natural Area, a joint project of Orange County, Durham
County, Triangle Land Conservancy and the Eno River Association; approve the expenditure of an
additional $272,000 to cover costs associated with the completion of the Little River Park development; and
direct staff to include this amount in the updated five-year plan for the issuance of County bonds and
alternative financing, to be presented during a BOCC meeting later this spring.
Purchasing and Central Services Director Pam Jones said that the bid amount is $706,166. She
made reference to the project summary on page three and the amounts there are more than the bid award.
There are other items that are elements of the park development but are outside of the bid amount. This
includes nature trail improvements, stabilization of the houses, etc. The total amount of the project
estimated is $965,966. There is $312,000 in grants for this. This leaves the total unfunded amount
$653,966. This is shared equally with Durham County, so Orange County needs to come up with
$326,983. The County has approved $40,000 from payment-in-lieu funds and $15,000 in the Hazard
Mitigation funds. This leaves an amount of $272,000 that is yet to be funded. Staff is recommending that it
be included an the debt issuance scheduled for the spring.
Commissioner Gordon said that she is leery of the additional debt financing for this and she would
like to stick within the budget.
John Link said that it is a matter of what the Board's priorities are as it relates to this project. He said
that there is capacity to be able to include this without great stress an the total budget plan.
Chair Jacobs said that this is a new experience for them to develop a park with another county and
he thinks that this is a bargain for Orange County. He thinks this is a reasonable amount.
Commissioner Brown said that there is a list of all of the elements that would go into the park and
she wants to see that. She said that she is supportive of this and will vote for this. She thinks that
Durham's priorities seem to get well considered and funded and she wants to see ours funded also.
Commissioner Brown asked Pam Jones about when they built the picnic shelter far the Efland-
Cheeks Park and how much it cost and if it was similar to this one. Pam Jones said that it was around $15-
17,000.
Commissioner Gordon moved #1 on the Manager's recommendation, which recommended awarding
a bid and approving a contract to Romeo Guest, Inc., in an amount not to exceed $706,166, for construction
of the Little River Park. Motion died for lack of a second.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve
awarding a bid and a contract to Romeo Guest, Inc. in an amount not to exceed $706,166, for construction
of the major elements of Little River Park; and approve a funding plan for Phase I of Little River Regional
Park and Natural Area, a joint project of Orange County, Durham County, Triangle Land Conservancy and
the Eno River Association; and approve the expenditure of an additional $272,000 to cover costs associated
with the completion of the Little River Park development; and direct staff to include this amount in the
updated five-year plan for the issuance of County bonds and alternative financing, to be presented during a
BOCC meeting later this spring.
VOTE: Ayes, 3; No, 1 {Commissioner Gordon -debt issue)
Chair Jacobs asked about the proposed completion date for this park and Lori Taft said August 1St
Chair Jacobs would be interested in seeing a cost per acre for Orange County taxpayers for the 391
acres.
e. Lease Approval: Storage Facility and Emergency Management Overflow Office Space; Efland
The Board considered leasing a building in Efland, NC, beginning April 1, 2004 through June 30,
2009 with Efland Leasing Company, for a building at 3501-A Forrest Avenue, Efland, NC, in which to house
certain Emergency Management functions and storage, as well as to provide storage far bulky institutional
items for all County departments; contingent upon Attorney and staff review; and authorizing staff to prepare
a floor plan and corresponding policy governing storage in the facility, complete with cost estimates far up-
fit, which overage, if any, shall be included for consideration in the 2004-2005 budget process; and
authorizing the Chair to sign an behalf of the Board.
Pam Jones said that the building is 23,000 square feet and is one mile north of I-85II-40 and about
one black south of US 70. If the Board approves the lease, the staff would look to the 2000 space study
and lay out a floor plan with the existing needs. The first priority would be the bulky equipment {voting
equipment, EMS overflow). The second priority would be the permanent records. The last priority would be
the non-permanent records. She noted that there would be a purge plan and it would not be a graveyard for
old records. The building has 1,000 square feet of office space and EMS Director Nick Waters would like to
move the Fire Marshall and the Emergency Medical Units to this facility. This would also allow someone to
be on-site to monitor who is coming in and out of the storage space. The rent is $53,000 per year for the
entire facility. I n addition, the owner would be reimbursed for the taxes and insurance. Last year, this was
$5,000.
Commissioner Halkiotis said that they have talked about the need for storage space but he has a
problem with spending $250,000 far five years far a rental. He thinks this money should be spent for a
permanent building far storage. He would like to purchase this facility. Pam Jones said that the Efland
family currently owns this and they do not want to sell it now. The best option is to negotiate the Right of
First Refusal.
Commissioner Gordon asked about the storage far EMS and said that it might be better to have all of
it spread out instead of all atone location. Pam Jones said that one of the benefits of this facility is the
proximity to the major roadways. It would be easy to access in an emergency.
Commissioner Brown suggested that this item be moved to a work session to clarify the goals about
this issue.
Chair Jacobs asked if there was a time element as far as the negotiation. Pam Jones said that with
any real estate property, there is always the possibility that it will not be available.
John Link suggested that the Board endorse a letter to the owners, saying that they are interested in
pursuing this lease. He agrees that the best option is to have a site and build a building, but the financing is
not in place for that. The staff could come back with a report on April 1 St on the options.
Commissioner Halkiotis said that the building has been empty for two years.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to put the issue
of storage and EMS on a work session for April 1 ~ and to send a letter to the Efland family expressing
interest and inquiring about the purchase of the building.
VOTE: UNANIMOUS
f. Request for Property Tax Refund on Registered Motor Vehicle
The Board was to consider one request for refund of property taxes on a motor vehicle.
DEFERRED
~ Hdoption of ZUU3-ZU'I3 Capital Investment Ilan (GIN}
The Board was to consider formal adoption of Orange County's 2003-2013 Capital Investment Plan
(CIP) and provide direction to staff concerning any required changes, and then formally adapt the 2003-
2013Orange County Capital Investment Plan to reflect any such changes.
DEFERRED
10. Reports-NONE
11. Closed Session-NONE
12. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the
meeting at 10:40 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board