HomeMy WebLinkAboutMinutes - 20040413APPROVED 06/08/2004
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 13, 2004
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April 13, 2004
at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissioners
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 said that he is suggesting that they suspend the bylaws for board
procedures tonight for an experiment by moving the consent agenda from item 8 to item 5. If
this proves suitable, then they can come back with changes to the bylaws.
Commissioner Halkiotis asked who came up with this new process and John Link said
that staff came up with this idea of streamlining this process. Sometimes there are members of
the public that want to speak to a consent item, and this would keep them from waiting so long.
Commissioner Halkiotis said that this was one of the most courageous, bureaucratic
moves he has seen. He commended the staff.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
John Robinson distributed some photographs. He spoke about junk cars that are
within athree-mile radius on Mill Creek Road. There are over 100 junk cars in this area. He
said that these cars are not listed on the tax records. He gave a copy of the hand out to
Planning. He made reference to streets and said that the Department of Transportation gave
him a document of what they were supposed to da to his streets. He met with DOT officials in
Raleigh and he was there when money was given to pave these streets before they were even
approved. Now DOT is telling him that they are going to do these streets at the minimum
standards, which means that they would be scraped and packed. He asked what happened to
the $40,500. The second thing that he found out when he asked about the law governing for
100°Io of the people to sign to have a road taken over was that he could not find the law in
Orange County, Alamance County, Guilford County, or Raleigh. He said that this law never
existed and DOT was using it as a catchall to discourage people from getting their streets
paved. He understands that there is another law that says that if the majority of the people on
the street want the road taken aver by DOT, they can sign a petition and get the courts to rule in
favor, making the property owners that did not want to da it pay for the streets. He asked if this
was correct.
this.
Commissioner Carey said that he has not heard this, but he wants to be updated on
John Robinson said that a DOT official in Greensboro told him that three weeks
ago. He said that the law supposedly says that DOT can charge the property owner up to
$2,500 to pave the street. He said that he has written State Attorney General Cooper about the
missing money for his street, and he intends to go to Governor Easley if he has to so that his
street will be paved.
John Link said that at the first meeting in May, there will be an annual public hearing
on secondary road paving and DOT officials will be here. Chair Jacobs said that they would let
Mr. Robinson know about this meeting.
Barbara Nettles Carson spoke on Section 8 housing because she understands they
are still in a public comment period with regard to the annual plan. She spoke as a close family
member of a mentally ill patient that has lived with serious and persistent mental illness for the
past 25-30 years. He is one of the lucky persons with a section 8 voucher. Since he received
stable housing, this has allowed him to live in the least restrictive environment in the community
and with dignity on his own. However, she believes that she and others have looked at th
section 8 housing administration and how this now does not reach out to the disabled. She
urged the Board of County Commissioners to attend to Mrs. Harrison's memo, which reflects
this and requests that the waiting list be opened to disabled people, that reasonable
accommodations be specified, and that the PHA apply for vouchers targeted to the disabled.
Don Cain spoke about the traffic conditions on Buckhorn Road in reference to the
Buckhorn Flea Market. He said that on the weekends the traffic is backed up an I-85 bath north
and south. He said that on a Sunday, if an emergency vehicle needed to get down there, it
would be impossible. He feels that the owner of the facility is using Buckhorn Road as his own
driveway. The road has been repaved and repaved and is being torn up by the amount of
traffic. He is on an emergency pager and he has to go at least five miles out of his way to get
on the interstate if he gets a call on the weekends. As a resident of this area, he thinks he
should have free flow to the interstate. He has seen accidents there and cars cutting in front of
the tractor-trailers that come in and out of the Petro gas station. He asked that the County
Commissioners look into this to see what can be done.
Chair Jacobs said that they have brought this up with DOT for several years. He
thinks they are looking at it, but obviously nothing has changed. Don Cain said that he has
called the Highway Patrol and the Sheriff's Department, and it is even hard for Highway Patrol
to get there. He said that on days that the Highway Patrol does license checks on the off-
ramps, traffic is usually minimal on that weekend. He also knows that there are at least three
food stands on this road from US 70 down to West 10. He does not knave if they are licensed by
the Department of Health.
Commissioner Halkiatis said that this has been about the third or fourth time that
citizens have complained about this. He asked that Jahn Link and Geof Gledhill look at the
original permits and see what the parking regulations are. He said that people are also parking
on the side of the road.
Don Cain said that he has seen the cars backed up all the way to the weigh station.
Chair Jacobs said that they would look into this and get back to Mr. Cain.
Wadleigh Harrision said that she sent a memorandum to the County
Commissioners. She spoke about the HUD designated income and that the current application
for housing falls within the 30°l0 of median income. She said that she requested that these
changes be made -that the waiting list be open to families with disabilities, that the plan specify
reasonable accommodations that have been successful, any applicants who were dropped from
the list and whose failure to respond to the PHA request for informational updates that were due
to his or her disability be reinstated in the order that they were originally wait-listed, and that
local preferences be honored in administering the waiting list. She said that the disabled have
received less than 10°l0 of the vouchers issued. The Club Nova housing will use less than 4%
of the current housing vouchers. She said that the PHA was requested to apply for vouchers
and there was money specifically targeted to families with disabilities and Orange County did
not even apply for this money for disabled. She said that people with mental illness have a
harder time following what is said in a letter and what steps need to be taken. The Federal
government has provided reasonable accommodations in more than one way and Orange
County has not been doing it. She said that she has found out that there are 16 vouchers for
Club Nova, 10 of which were issued years ago. She closed by saying that the reinstatement of
disabled people who have been dropped from the waiting list and the opening of the waiting list
to disabled people has the potential of bringing the local PHA plan into compliance with CMAP
for, "proper selection of applicants from the Housing Choice Vouchers list in relation to
persons/households with disabilities who need reasonable accommodation in order to be
successful applicants and to actually receive and use the vouchers."
Commissioner Carey said that he was glad that she brought this forward and that
the County should go after these vouchers because they have been frustrated for years about
the lack of increase in vouchers.
Bobby McCauley said that he was on the waiting list far section 8 about a year ago
and then they dropped him because they said that they wrote him a letter that he never
received. He was then put at #196 on the waiting list. He said that this was not right for them to
do this to him. Chair Jacobs said that he would like someone from staff to speak to Mr.
McCauley about this tonight.
Heather Nash said that she is a member of Club Nova and she has been a mental
health consumer since she was 14 years old. She is now 28 years old. She was on Section 8
and then she was dropped because she received a voucher and was not able to get it because
she was in a group home. She does not think it is fair to be dropped from something when you
do not know what is going on because of your mental illness or disability. She asked that
people be reinstated to the list because of their disabilities. Chair Jacobs said that Greg Wilder
is in back to get details and to give them clarification.
Karen Dunn thanked the Board of County Commissioners and the Public Housing
Agency for coming together. She said that they have a lot of members at Club Nova that have
spent time in state hospitals. She asked that people that are in hospitals or group homes could
remain an the waiting list so that they do not have to start all over again.
Chair Jacobs said that they are sensitive to these issues and one of the good things
of the mental health reform is that it is focusing the County at a local level to work more closely
at improving services, including housing opportunities.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the
agenda below.)
3. Board Comments
Commissioner Halkiotis said that about four years ago the Board authorized Chair
Jacobs and him to meet with DOT officials. They brought up the case of a minority woman that
was driving in a snowstorm and she ran off the road an NC 57 and no one noticed because of a
large drop off and she died. There is a huge concrete pipe under the bridge and the car was
lodged in the water between the pipes. They told DOT about this and now Division Engineer
Mike Mills has authorized $55,000 for guardrails in this area. Commissioner Halkiatis asked
any citizen that sees any road conditions that are not protected by guardrails to let the Manager
or the Clerk's office know. DOT has been responsive to the County's requests.
Commissioner Halkiotis said that he has received calls about a new church that opened
upon US 70 at the DurhamlOrange County line. This is a large church, and in this case on
Easter Sunday, there were a lot of cars going in and out of the parking lot. He would like
information about why the church was allowed to be built that way without any additional road
improvements. There are no turn lanes or stop lights. He said that he does not want anyone to
get hurt here.
Commissioner Halkiotis asked for additional information on the EPA issues that took
place yesterday. At this time Orange County is anon-compliant area for air quality. He said
that an the national news, he heard that Chatham and Johnston Counties are in the top 100
fastest growing counties in the United States. He asked if the taxpayers in North Carolina or
Orange County are going to be subsidizing efforts to clean up the air that is a by-product of the
profit-driven development industry. He hopes that they can host aone-day symposium on
smart growth. He would like to discuss this at a work session.
Commissioner Carey asked about the new church and if it is in Orange County's
jurisdiction and it was answered yes.
Commissioner Carey said that when they learned that late last year that there were not
any loans issued through the small loan revolving fund, the County Commissioners asked that
there be a study on it. He asked if this was going to be reviewed in an upcoming work session.
Chair Jacobs said that Commissioner Brown and Economic Development Director Dianne Reid
have worked on this.
Dianne Reid said that the Small Business Loan board of directors met and they talked
about some alternatives and they will reconvene within the next couple of weeks.
Commissioner Gordon said that she attended the last meeting of the design committee
for the third CHCCS high school which was on April 5th. The structure is for 800 students,
expandable to 1,200. Most of the details have been decided, but they are trying to find ways to
further reduce costs. Rod Visser has been taking notes at these meetings.
Commissioner Gordon said that the Transportation Advisory Committee will consider
the approval of the Regional Priority List and there is one proposed change from Chapel Hill.
There are three projects that deal with the Homestead Raad area that they might roll them all
into one project. She discussed other items to be considered by the TAC.
Commissioner Gordon said that there was a Transportation Summit at CISCO far the
DCHC MPO and CAMPO. There were a lot of people that showed up to observe it. There was
a presentation of the Long Range Transportation Plan, the 2025 and 2030 for both Metropolitan
Planning Organizations. She highlighted that the DCHC had more money allocated to transit
and alternatives to roads than the CAMPO organization. There was an outstanding difference
in the two long-range plans. Also, the April 2005 air quality conformity issues were discussed.
There was a difference in the State recommendation and what the federal government will
probably do.
Another topic was the I-40 HOV lanes and there was a presentation on this from a
consultant. The consultant did support the HOV lanes for a portion of I-40. There was a
representative from DOT who said that Secretary Tippett did support something that would
reduce congestion in this area.
Commissioner Gordon said that there was a motion approved by both MPOs to look to
create a cooperative structure, not a merger, regarding the Next Steps to Improve Regional
Transportation Planning.
Commissioner Gordon said that she and Commissioner Brown went to the Women's
History Month luncheon and there was goad participation.
Commissioner Gordon made reference to the very last report, item 10-b, which is a
report on Addendum B on high school #3. She would like to bring this back as an agenda item
for a future meeting and address it earlier in the meeting.
Chair Jacobs said that if they were to get to item 10-b, he was going to suggest that
they refer this to the Carrboro Board of Aldermen who has jurisdiction over this development
before the Board of County Commissioners approves it. The Aldermen have some very specific
concerns about the smart growth principles.
Commissioner Carey suggested that the Board go ahead and defer it to the Board of
Aldermen.
Chair Jacobs said that they are doing Land Use Plan Update Outreach meeting and
there are four meetings left. He said that an average of 20 people have attended the last two
meetings. He encouraged more people to attend.
Chair Jacobs said that he joins Commissioner Halkiotis in thanking DOT Division
Engineer Mike Mills for working with the community on safety issues such as NC 57, which was
just brought up in December.
Chair Jacobs said that there was a joint meeting of the Triangle Chairs and Mayors
(Orange, Wake, and Durham Counties) and they talked about the issues regarding
transportation funding. The Mayors have no problem with asking the County Commissioners to
raise taxes, but the County Commissioners in Durham were not too keen on some of the
proposals. He said that there was discussion about toll lanes, which are now becoming
moneymakers. He said that he brought up the interest in having more discussion of having
revenue sources to make up the perceived shortfall in funding far transportation improvements
in the Triangle for more user-directed revenue streams.
Chair Jacobs said, regarding air quality, that the transportation improvements that are
scheduled in the Triangle are all based on the sprawl model. He brought this upon behalf of
Orange County. He spoke about the Land Use Plan Update at the meeting and said that part of
this is to try and make conservative use of our natural and financial resources by trying to put
development where there is already infrastructure and where it would have minimal adverse
impact by causing vehicle trips, etc. He agrees with Commissioner Halkiotis in that we are
fighting an uphill battle. He noticed that the republicans were opposed to funding mass transit
in the Triangle. Dave Stancil will have a report on the next agenda about the air quality issues
and what Orange County is doing compared to other jurisdictions. He would like to increase the
awareness of this issue.
4. County Manager's Report -NONE
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved minutes as submitted by the Clerk to the Board far meetings on
November 24, 2003, December 1, 2003, December 9, 2003 (6:00 and 7:30 meetings) and
February 3, 2004.
b. Appointments
(1) Arts Commission
This item was removed and placed at the end of the consent agenda for separate
consideration.
(2j Orange County Planning Board
The Board reappointed Hunter Schofield to a Cedar Grove Township seat; and Sam
Lasris and Nicole Graysmith to At-Large seats; all to terms expiring March 31, 2007.
(3} Recreation and Parks Advisory Council
The Board reappointed Rabb English to a first full term to expire March 31, 2007.
(4) Carrboro Board of Adjustment
This item was removed and placed at the end of the consent agenda far separate
consideration.
(5) Carrboro Plannina Board
The Board reappointed Frank R. Hammill, ETJ position, for a first full term and Susan
Poulton to a Transition Area position for a second full term, both to expire February 28,
2ao7.
c. Motor Vehicle Property Tax ReleaselRefunds
The Board approved a refund resolution, which is incorporated by reference, related
to 78 requests for motor vehicle property tax releases or funds in accordance with North
Carolina General Statutes.
d. Property Tax Refunds
The Board approved a refund resolution, which is incorporated by reference, related
to six (6) requests for property tax refunds in accordance with N.C. General Statute 105-381.
e. Property Tax Releases
The Board approved a resolution, which is incorporated by reference, to release
property values related to seventeen (17) requests for property tax releases in accordance with
N.C. General Statute 105-381.
f. Acceptance of HRSA Grant far Decontamination & Communication Equipment
The Board accepted the anticipated grant award, ratified the submission of the
required grant application, and authorized the Manager and/or his designees to execute all
documents necessary to implement and carry out the provisions of the forthcoming grant
agreement, consistent with the uses of the grant funding outlined in the abstract and the
accompanying background documents.
,g: Youth Tobacco Prevention Project Year Two Grant Acceptance
The Board approved receipt of Year Two of the grant fund for Youth Tobacco Use
Prevention Project and authorized the Chair to sign the grant agreement with the North Carolina
Health and Wellness Trust Commission.
h. Renewal of Consolidated Aareement Between Department of Health and
Human Services and the Health Department
The Board approved the annual consolidated agreement between the NC
Department of Health and Human Services and the Orange County Health Department, which
provides State and Federal funds to the Health Department to partially support mandated
services and authorized the Chair to sign the agreements and assurances pending county
attorney review.
i. 2003-2004 Small Business and Technology Development Center (SBTDC)
Contract Renewal
The Board approved the renewal of a contract to continue support of small business
development services for Orange County citizens, as stated in the Economic Development
Strategic Plan adopted May 14, 1996, and reaffirmed by the Economic Development
Commission in its strategic planning Session in August 2000 and authorized the Manager and
the Clerk to the Board to execute the contract.
L Lease Renewal -Bradshaw Quarry Road Solid Waste Convenience Center
This item was removed and placed at the end of the consent agenda for separate
consideration.
k. Regulated Recyclable Material Ordinance Amendments -Second Reading
The Board adopted the resolution, which is incorporated by reference, which on
second reading will amend the Regulated Recyclable Material Ordinance.
I. Budget Amendment #10
The Board approved the budget amendments for the Health Department, Non-
departmental, and Cooperative Extension for fiscal year 2003-04.
m. Orange-Chatham Alternative Sentencing Funding Request
This item was removed and placed at the end of the consent agenda for separate
consideration.
n. RFP Award: Address Geocodina From Field Verification
This item was removed and placed at the end of the consent agenda for separate
consideration.
o. Petition for Addition of Tanya Drive to the State Maintenance Program
The Board approved the request to add Tanya Drive to the State Secondary Road
Maintenance Program.
~ Re-Establishment of the Intergovernmental Parks Work Group
The Board adopted the report and resolution, which is incorporated by reference, to
reestablish the IP Work Group. Staff will convey the resolution and report to the Towns for
authorization from the elected boards of Hillsborough, Chapel Hill, and Carrboro.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
b. Appointments
(1) Arts Commission
The Board considered reappointments to the Arts Commission.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
reappoint Bonnie Bledsoe Fuchs and Susan L Lyons to the two At-Large positions with terms
ending March 31, 2007.
VOTE: UNANIMOUS
(4) Carrboro Board of Ad lustment
The Board considered one reappointment to the Carrboro Board of Adjustment.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
reappoint John Ring to the Transition Area position.
VOTE: UNAMIOUS
L Lease Renewal -Bradshaw Quarry Road Solid Waste Convenience Center
The Board considered the renewal of the lease for the Solid Waste Convenience
Center located on Bradshaw Quarry Road for the period of July 1, 2004 through June 30, 2009
at a cost of $300 per month and authorizing the Chair to sign on behalf of the Board.
Chair Jacobs said that he would like more information because of the vague reference
that says, "The least amount that is comparable to the other solid waste convenience centers
lease terms, which vary somewhat depending on site size, lease renewal date, etc." He would
like to see what this range is of sizes and costs. Rod Visser said that he would send this to
everyone.
This item was deferred.
m. Orange-Chatham Alternative Sentencing Funding Request
The Board considered approving a $12,000 funding request from Orange-Chatham
Alternative Sentencing for continuation of pre-trial release services from the Social Safety Net
fund.
Commissioner Gordon said that the $12,000 funding says that Chatham County has
not paid any additional money. She knows that it is split 75°~ for Orange County and 25°lo for
Chatham County. She asked if the $12,000 covered the 75°~.
Commissioner Carey said that he was going to pull this one also.
Director of Orange-Chatham Alternative Sentencing Joyce Coon said that services
will be maintained and the $12,000 is enough.
Commissioner Carey said that the situation in Chatham County is that jail space is
different than what Orange County has. There is no incentive for Chatham County to increase
the contribution. He would like staff and the Manager to come back with a recommendation with
how to prevent this from happening in the future. This is one of the best investments to make,
short of building more jails. He said that the money in the partnership is not enough and that
Orange County has a bigger problem than Chatham County.
Cammissianer Halkiotis suggested that they couple this staff recommendation with a
presentation an what is happening with the criminal justice system in the State. The State has
opened up two ar three more prisons last year and a report came out that more juvenile
detention centers are needed. He wants to know about the jail situations in Orange County and
Chatham County and the populations that are coming through the jail systems. He is sorry that
the Board missed this "flag" at the meeting with the legislators.
A motion was made by Cammissianer Halkiotis, seconded by Commissioner Gordan
to approve a $12,000 funding request from Orange-Chatham Alternative Sentencing for
continuation of pre-trial release services from the Social Safety Net fund.
VOTE: UNANIMOUS
n. RFP Award: Address Geocoding From Field Verification
The Board considered awarding a contract to Geographic Technologies Group of
Goldsboro, N.C. to provide field verification of all physical addresses in Orange County.
Commissioner Gordon asked how this entity is going to visit properties and how
they are going to get permission. GIS Qirector Roscoe Reeves said that the project will begin
with a substantial public relations campaign about the addressing project and that there will be
people on the streets and in the rural areas. The vehicles used to do this will be identified. The
problems will be in multi-family housing and the vendor will be focusing on pre-visit contacts,
which will notify them of what we are doing. The intent is to track down all structures that are
attached to a telephone and they do not want to alarm the communities.
Commissioner Gordon would like to be sure that there would be na unannounced
visits. Roscoe Reeves said that the vendor has experience in this area and is sensitive to these
issues.
Commissioner Halkiotis asked about the Emergency Telephone System Fund and
Rod Visser said that this was created in the early '90's. This is the 50 cents that shows upon
the phone bills. Commissioner Halkiotis said that he appreciates the staff going out to get
information on this. He was shocked to hear that the County was getting $28,000 a month and
almost all of it is going back to the telephone companies. He wants this to be stated
somewhere in the tax inserts because he wants everyone to know that the County does not
receive this money, but is giving it back to the telephone companies. He thinks this is un-
American.
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
award a contract to Geographic Technologies Group of Goldsboro, N.C. to provide field
verification of all physical addresses in Orange County.
VOTE: UNANIMOUS
6. Resolutions or Proclamations
a. Resolution Recognizing Jahn Robinson
The Board considered recognizing Mr. John Robinson for his civic interest to ensure
safe access on roads in the Hydeaway Estates subdivision.
Chair Jacobs said that this citizen did this all on his own and he invited Mr. Robinson
to come forward while he read the resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown
to approve and authorize the Chair to sign the resolution as stated below, recognizing Mr. John
Robinson on his civic interest to ensure safe access on roads in the Hydeaway Estates
subdivision.
A RESOLUTION RECOGNIZING JOHN ROBINSON FOR HIS PERSISTENCE IN OBTAINING
NCDOT ACTION REGARDING UPGRADE AND ACCEPTANCE OF MAINTENANCE
RESPONSIBILITIES FOR ROADS IN HYDEAWAY ESTATES
WHEREAS, Mr. John Robinson, in December 2001, appeared before the Orange County Board
of County Commissioners requesting help to insure safe access on streets in Hydeaway Estates
subdivision; and
WHEREAS, all parties deemed that the most effective way of addressing conflicts and issues
regarding safe access on streets in Hydeaway Estates subdivision, including the personal
safety of Mr. Robinson and denial of access to the roadways by a property owner in the
subdivision, would be to have North Carolina Department of Transportation assume
maintenance responsibilities for roads in the subdivision; and
WHEREAS, Mr. John Robinson appealed to North Carolina Department of Transportation to
accept maintenance responsibilities for Cherry Street, Glenn Street and Tanya Drive in
Hydeaway Estates subdivision; and
WHEREAS, Mr. Robinson persisted in his pursuit regardless of difficulties regarding
irregularities in the platting of road rights-of-way and the objection of one resident; and
WHEREAS, Cheery Street and Glenn Street in Hydeaway Estates subdivision are now part of
the North Carolina State Secondary Road System; and
WHEREAS, the Orange County Board of Commissioners, on April 13, 2004, will approve Tanya
Drive for inclusion in the North Carolina State Secondary Road System,
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
recognizes Mr. John Robinson on his unwavering efforts to ensure that streets in Hydeaway
Estates subdivision are kept open to provide safe access for all residents of the subdivision.
This the 13th day of April, 2004.
VOTE: UNANIMOUS
Mr. Robinson thanked a number of the county staff. He said that he would never take on
another DOT project again since this one was sa difficult.
b. Resolution of Appreciation for Volunteers Serving on County Advisory Boards
and Commissions
The Board considered a resolution of appreciation for the volunteers who serve on
County advisory boards and commissions and authorizing the Chair to sign.
Commissioner Halkiotis read the resolution.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
adopt and authorize the Chair to sign the resolution of appreciation for the volunteers who serve
on County advisory boards and commissions as stated below:
VOLUNTEER REGOGNITION
IN
ORANGE COUNTY
Whereas, the annual National Volunteer Week, a 31-year tradition, with a theme of "Volunteers
Inspire by Example!" will be April 18t" -April 24t", 2004; and
Whereas, National Volunteer Week designates a special time to recognize and celebrate the
tremendous efforts of volunteers and is held to recognize and celebrate the efforts of volunteers
at the local, state and national levels; and
Whereas, last year, nearly 90 million volunteers stepped forward to make our communities a
better place to live; and
Whereas, thousands of volunteers give of their time, energy and expertise to Orange County
and other organizations to provide needed services to County residents; and,
Whereas, volunteers have greatly contributed to the enrichment of our communities to help
make Orange County a better place to live; and,
Whereas, volunteers are an invaluable asset to Orange County departments and agencies and
their service contributes to the cost effectiveness and efficiency of government operations; and,
Whereas, the involvement of volunteers has strengthened and reinforced the democratic
process by volunteers contributing their time to help address community challenges; and,
Whereas, during April the Orange County Board of County Commissioners will show its
appreciation to its dedicated volunteers by presenting each with a gift, an insulated lunch-tote,
in the colors of royal blue and white, with the seal of Orange County in white printed thereon,
Now, therefore, let it be resolved that the Orange County Board of Commissioners sincerely
thanks its volunteers for their community spirit, expertise, dedication and commitment to the
residents of Orange County and hereby recognizes the week of April 18`" through April 24t"
2004 as
VOLUNTEER WEEK IN ORANGE COUNTY
This the 13t" day of April 2004.
VOTE: UNANIMOUS
Chair Jacobs said that they could not do their jab if it were not for the many volunteers on their
boards and commissions.
c. Sexual Assault Awareness Month
The Board considered proclaiming April as "Sexual Assault Awareness Month" in
Orange County and authorizing the Chair to sign.
Commissioner Brown read the resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey
to proclaim April as "Sexual Assault Awareness Month" in Orange County as stated below and
authorize the Chair to sign.
Proclamation
Sexual Assault Awareness Month
April 2004
WHEREAS, 425 primary and secondary survivors of sexual violence sought assistance from the
Orange County Rape Crisis Center during 2003 (Orange County Rape Crisis Center Annual
Report}; and
WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in their
lives (NC Department of Health and Human Services 1999); and
WHEREAS, in the United States rape is the most costly crime to its victims totaling $127 billion
a year considering factors such as medical cast, lost earnings, pain, suffering and lost quality of
life (U.S. Department of Justice, 1996}; and
WHEREAS, in the United States 1 in 6 women and 1 in 33 men has experienced a completed or
attempted rape at sometime in their life (US Department of Justice 1998}; and
WHEREAS, in a recent survey, 97°l0 of parents surveyed by the Kaiser Family Foundation
wanted sex education to include what their teen should do if raped (Henry J. Kaiser Family
Foundation September 2000); and
WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North
Carolina (State Bureau of Investigation 2002); and
WHEREAS, the Orange County Rape Crisis Center, anon-profit, volunteer agency, which has
been serving this community since 1974, is commemorating 30 years of working to stop sexual
violence and its impact through support, education and advocacy;
NOW THEREFORE do we, the Orange County Board of Commissioners, hereby proclaim the
month of April 2004 as "SEXUAL ASSAULT AWARENESS MONTH" in Orange County and
encourage all citizens to speak out against sexual assault and support their local communities'
efforts to provide services to victims of this heinous crime.
This the 13t" day of April 2004.
VOTE: UNANIMOUS
Ms. Cason said that it is a privilege to accept this proclamation on behalf of the Orange County
Rape Crisis Center. This year is their 30t" anniversary. She thanked the Board of County
Commissioners for accepting an art piece to hang in the Southern Human Services Center for a
year and said that their work could not be done without the many volunteers (143). Last year
they served 455 clients, and provided 453 programs to a total of over 9,500 people.
d. Fair Housing Month
The Board considered a proclamation recognizing April 2004 as Fair Housing Month
and authorizing the Chair to sign.
David Stiles of the HRR Commission spoke about the events taking place this
month. Commissioner Carey read the proclamation.
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
proclaim April 2004 as Fair Housing Month as stated below and authorize the Chair to sign.
A PROCLAMATION
FAIR HOUSING 1VIONTH
WHEREAS, April, 2004 marks the thirty-sixth anniversary of the Federal Fair Housing Act of
1964 and the 21st anniversary of the North Carolina Fair Housing Act prohibiting
discrimination in housing on the basis of race, color, sex, religion, nafiona! origin,
handicap and familial status; and
WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil
Rights Ordinance on June 6, 1994, which affords to the residents of Orange
County the protections guaranteed by Title VIII and additionally encompasses the
protected classes of veteran status and age; and
WHEREAS, Orange County and the United States Department of Housing and Urban
Development, concerned residents and the housing industry are working to make
fair housing opportunities possible for everyone by encouraging others to abide
by the letter and the spirit of fair housing laws; and
WHEREAS, despite of the protections afforded by the Orange County Civil
Rights Ordinance and Title Vll! as amended, illegal housing discrimination still
occurs in our nation and in our county,'
WHEREAS, by supporting and promoting fair housing and equal opportunity, we are
contributing to the health of our County, State and Nation;
NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim April 2004 as
FAIR HOUSING MONTH and commend this observance to all Orange County residents.
This the 13t" day of April, 2004.
VOTE: UNANIMOUS
e. National Library Week
The Board considered a proclamation to recognize the week of April 18 through 24,
2004 as National Library Week in Orange County and authorizing the Chair to sign.
Commissioner Gordon read the proclamation.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis
to recognize the week of April 18 through 24, 2004 as National Library Week in Orange County
as stated below and authorize the Chair to sign.
Proclamation
NATIONAL LIBRARY WEEK
April 18-24, 2004
WHEREAS, our nation's public libraries provide equity of access to library users nationwide no
matter their age, income and socioeconomic background; and
WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search
engine, helping people of all ages find the information they need in print and online; and
WHEREAS, libraries are part of the American Dream -places for opportunity, education, self-
helpand lifelong learning; and
WHEREAS, libraries bring you a world of knowledge both in person and online, as well as
personal service and assistance in finding what you need, when you need it; and
WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of
access, and narrowing the "digital divide;" and
WHEREAS, awareness and support must be increased for libraries, librarians and library
workers by raising their visibility in a positive context and by communicating clearly and strongly
why libraries are both unique and valuable and how librarians provide the information literacy
skills that people need to succeed throughout life; and
WHEREAS, the Orange County Board of County Commissioners supported the Library
Services Task Force recommendation by opening a branch library in Cedar Grove; and
WHEREAS, libraries, librarians, library workers and supporters across America are celebrating
National Library Week;
NOW, THEREFORE, be it resolved that Orange County Board of County Commissioners
proclaims April 18 through 24, 2004 as National Library Week in Orange County and
encourages all residents to take advantage of a variety of library resources available in the
County Library or at one of its branches in Cedar Grove or Carrboro;
FURTHERMORE, the Board thanks both librarians and library workers for providing valuable
services and making information accessible to all who walk through the library's doors.
This the 13th day of April 2004.
VOTE: UNANIMOUS
Isabel Jackson invited the County Commissioners to a ribbon cutting on April 21St of the
new library at the Northern Human Services Center.
Commissioner Halkiotis asked Library Director Brenda Stephens about an article where
Indiana University did a national survey as to what libraries have been contacted by federal
agencies under provisions of the Patriot Act to see who is reading what. He asked if this has
occurred in the Orange County library system.
Brenda Stephens said that this has not happened here, but they are prepared in case
they come. Commissioner Halkiotis would like for her to let the Board of County Commissioners
know through the Manager's office how they are prepared for this and how the citizens of
Orange County will be protected.
Chair Jacobs said that the opening next week of the new Cedar Grove Library will mark
a continuing effort of the Library Task Force.
Brenda Stephens introduced Isabel Jackson who will be the new branch librarian in
Cedar Grove and said that she is originally from Mexico.
7. Special Presentations
a. Community Planning and Input Report: Shaping Orange County's 21St Century
Senior Centers
The Board received information on a new senior center planning report that includes
the results of public forums held this past year and citizen and agency surveys that sought input
on the programs, services, and design features for possible incorporation into the new senior
centers to be constructed in Chapel Hill/Carrbaro and in Hillsborough and reference to the
formal committees to be appointed for planning the Chapel Hill and Central/Northern Orange
replacement senior centers.
Jack Chestnut spoke about some historical moments that got them to this point.
One was when the Board of County Commissioners approved the Master Aging Plan, which
was a major step. Along the way the County Commissioners have supported the Master Aging
Plan, the Adult Day Care Center, and rental space for the senior center in northern Orange.
Another milestone was when the County Commissioners decided to put a referendum for $4
million for the senior centers. The third thing was when the Board of County Commissioners
picked the design committee.
Jack Chestnut said that they had different forums in the community for citizens to fill
out as to what the seniors wanted in a senior center in northern and southern Orange County.
Department on Aging Director Jerry Passmore said that one of the most critical
things is with demographics in that there are 16,000 seniors and in 15 years, there will be
33,000 seniors. He said that they really need a senior center that will be a real resource to
serve many seniors from a variety of backgrounds from 55-105.
In the summary of the report, Jerry Passmore said that there are some planning
implications (pg. 32) and they want to knave what agencies think about service delivery as well
as seniors. Some of the critical services include an information and referral center. This was
rated as number 1 by agency representatives and number 2 by seniors. Seniors now are
looking for these centers to be wellness centers and they are fortunate to have a Wellness
Coordinator that serves all centers and is supported by the United Way and UNC Hospitals.
Another important factor is that the design should be for a diverse group of seniors in terms of
designing for those with disabilities and it should promote self-reliance. Another critical thing
that came out of the survey is that it should be an agency services center. Co-location of
services is ideal within the senior center. The senior center should also be a volunteer-based
center.
Another service that came out of the survey was to provide a food service center.
Currently, the centers do not have an institutional kitchen. All meals are brought in to the
centers. They would like to have a food service center that would promote healthy eating as
part of the wellness program.
Also, EMS pointed out that a senior center should be looked at as an emergency
shelter during emergencies for seniors and to have an emergency responder in each of the
centers.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey
to receive the presentation an the report as information and refer as background and reference
to the formal committees to be appointed for planning the Chapel Hill and Central/Northern
Orange replacement senior centers.
VOTE: UNANIMOUS
8. Public Hearings
a. NCDOT Rural Oneratina Assistance Proaram fROAPI Grant Fundina
The Board considered holding a public hearing and approving a FY 200412005 Rural
Operating Assistance Program (ROAP} fund application for $97,766 and authorizing the Chair
to sign the Certification Statement of Participation.
Jerry Passmore said that there are copies of the ROAP. This is an annual
application and there are three elements. One is the ElderlylDisabled Transportation Program
for $54,941; the second one is the Work First Transition Employment Service funds for $9,594;
and the last one is general public transportation for $33,231 to support the current
transportation routes.
PUBLIC COMMENT:
NONE
Commissioner Brown said that she enjoyed reading about the connection they
provide for the elderly and disabled citizens.
Commissioner Gordon asked if they were waiting for the CTIP process to finish and
if they have had any more interaction with TTA about any service that might be brought to
Orange County.
AI Terry said that he is working with the Transportation Planner far TTA and they are
working together to make sure that TTA has some presence in northern Orange County. They
are going to do more research before putting anything out there.
Commissioner Gordon said that she just got the new proposed budget for TTA and if
this does not get in this cycle this year, then it will have to wait another year. AI Terry said that
Orange County has not asked for any money from TTA yet but did ask them to take over the
Orange Express Route. This would offer an opportunity to establish an eastlwest route.
Commissioner Gordon suggested that they make a formal request so that it would be on
record.
There will be a formal proposal written to TTA to take over this route.
Commissioner Brown asked about the color of the buses and AI Terry said that they
are still white and still have the blue logo with the phone number on it. He has five white
vehicles with no logo that they are still waiting for a determination an. He is holding these five
until they come up with a new design.
Commissioner Gordon asked that when they get a formal proposal ready that they
bring it to a Board of County Commissioners meeting for an endorsement.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis
to close the public hearing; to approve a FY 2004/2005 Rural Operating Assistance Program
{ROAP}fund application for $97,766; and authorize the Chair to sign the Certification Statement
of Participation.
VOTE: UNANIMOUS
b. CDBG Program -Scattered Site Housing Rehabilitation Program
The Board received citizen comments prior to official closeout of the County's FY
2001 Scattered Site Housing Rehabilitation Program and considered authorization of the
execution of the Certificate of Completion by the Chair an behalf of the Board of
Commissioners.
Housing and Community Development Director Tara Fikes said that in 2001 the
County received $400,000 in State CDBG funds for this program. They designed the program
to address 14 substandard dwellings, repair those dwellings, and bring them to minimum
housing code standards. They have accomplished this goal - four of the homes were in
Carrboro, five were in Hillsborough, and five in unincorporated Orange County. All of the
recipients were homeowners and all had incomes below 50% of median income. Twelve
households were elderly and two were disabled.
PUBLIC COMMENT:
NONE
Commissioner Brown said, as they look at affordable housing pieces, that this is a
wonderful piece for people who cannot maintain homes that they own.
Tara Fikes said that they are in line for another grant for $400,000 and they have 40
on the waiting list.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brawn
to close the public hearing prior to the official close-out of the County's FY 2001 Scattered Site
Housing Rehabilitation Program and to authorize the execution of the Certificate of Completion
by the Chair on behalf of the Board of Commissioners.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Adoption of 2003-2013 Capital Investment Plan (CIP)
The Board considered formal adoption of Orange County's 2003-2013 Capital
Investment Plan (CIP).
John Link said that they are asking the Board to formally adopt this plan. This is the
planning tool for capital projects. During the last three years, because of the budget cuts, the
Board has not been able to adopt a CIP but has had to address items on aproject-by-project
basis. With the adoption of SAPFO, the County is bound to provide adequate facilities for
school children. The staff has suggested approaching this as a tiered approach -the first tier
would be the first priorities (OCS Middle School, renovations to Orange High School, and
CHCCS elementary school #10). The second tier would be projects where funding is in place
but there may need to be some final action by the Board for it to become a budget ordinance.
Rod Visser emphasized the point that the CIP is a planning tool and it does not act
as an authorization to spend money.
Chair Jacobs said that for clarification that the Board is almost immediately going
into a process for adopting a new CIP in three weeks. Whatever is done with this is subject to
almost immediate adjustment.
Commissioner Brown asked about the tiers and the Heritage Center, which are tier
three, and the Northern Human Services Center, which is tier four. Budget Director Donna
Dean said that the Heritage Center brings money with it and Northern Human Services Center
does not have any money.
Commissioner Brown asked if they got the federal grant for water and sewer would
that bring it up and Donna Dean said yes.
Commissioner Halkiotis said that as an election year approaches, some will take the
opportunity to get a copy of the County's CIP and to wildly interpret it. He said that this is only a
marker in his opinion. He said that they have never finalized any plans to spend $8 million for
the Government Services Center. There has been discussion about possible expansion, but he
wants it understood that the plans have not been finalized. The Board has also not finalized
any plans for County park sites and development for $28 million in this CIP. These are only
markers so that people recognize that there is a perceived need.
Commissioner Gordon said that she does have questions about the tiered approach
and she would recommend going about it differently. Each year the Commissioners approve a
CIP, with specific dollar amounts for a number of capital projects. The next year staff would
suggest changes and those changes would appear on the next CIP without commissioner input
or review. She would like the staff to outline the changes from the last CIP. Procedurally, she
would like the Board of County Commissioners to be involved at the policy level of adding
projects to the CIP. She would like to put on the criteria list the importance of some of these
projects to the Board of County Commissioners. She is not ready to buy into the tiered
approach. She said that it should always be the prerogative of the Board of County
Commissioners to fund what they think is needed.
Commissioner Gordon said that the Board really needs to discuss these amounts.
She made reference to changing from previous budgets to this budget and she distributed a
handout entitled "CIP Recreation and Parks Summary from 2002-2012." On Lands Legacy in
2007-2008, the CIP had $500,000 a year and then in this CIP it is down to $200,000 a year.
This is an example of something where she felt that the County Commissioners had approved
of $500,000 per year and the staff had decreased the amount.
Commissioner Gordon made reference to the Sportsplex, and noted that the county's
original obligation to fund the Sportsplex ended with a payment of $100,000 in 2004-05. She
was not suggesting that the item be deleted after that, but she said it would be a good idea to
create a reserve fund instead of showing the same $400,000 payment year after year as an
obligation. She suggested calling it the Sportsplex Reserve and putting in $100,000 in 2004-05
and after that, putting in $400,000 a year for the reserve. Although this is only a semantic
change and not a dollar change, it is an important signal that the county is not approving
$400,000 per year indefinitely.
Chair Jacobs said that it might be useful to put the date (FY) of approval for projects
and if it is proposed, when it was proposed.
Chair Jacobs asked about the effect and the necessity for adopting this CIP when
they are going to start in less than a month considering in more detail the same document.
Rod Visser said that to him the importance of adopting the CIP is that they have a
planning tool and they do have a new dimension with the SAPFO, and the requirement is that
the County would adopt a CIP plan and share it with the other jurisdictions. He said that this
would provide assurance that same of the jurisdictions were looking for, primarily for the
construction of new schools in a timely manner.
John Link said that functionally the Board of County Commissioners could delay final
decisions on this CIP. However, he thinks that they should adopt Tier 1 so that they can send a
message to the other jurisdictions that they are taking responsibility to approve the CIP as it
relates to the SAPFO. They plan to came back with the 2004-2014 CIP and they will
incorporate the Board's questions and he said that it is a balancing act with the funds.
Donna Dean said that it is more important as they go into the 2004-2014 CIP
because they will be looking at issuing debt and the bond rating. This is another important
piece of adopting the CIP.
Chair Jacobs said that this could be done by the end of this fiscal year. He said that
he would be glad to approve Tier 1 projects tonight and then let the Board have a more detailed
discussion ofmulti-million dollar projects rather than approve it at a quick glance, knowing they
are going to revisit it in three or four weeks.
A motion was made by Chair Jacobs, seconded by Commissioner Gordon to adopt
the Tier 1 projects as identified in the document, which address the school projects affected by
the SAPFO, and defer consideration of additional CIP items as they complete the 2004-2005
budget process.
Commissioner Carey said that the tiered approach warrants more discussion. He
said that it is always the Board's prerogative to move projects from one tier to another. He
would like to discuss how the tiers work.
VOTE: UNANMOUS
Commissioner Halkiotis pointed out that it was 10:10 p.m. and there were
representatives present for other items.
John Link suggested spending the next 10 minutes on briefing of the RRR fee and
the tax refund.
Chair Jacobs said to deal with Addendum B quickly.
b. Request for Property Tax Refund on Registered Motor Vehicle
The Board considered one request for refund of property taxes an a motor vehicle.
Commissioner Gordon asked if this functional error would hold up legally. John Link
said that the County Attorney could talk about all the liabilities.
Commissioner Carey asked that the attorney do this in a memo later.
Chair Jacobs said that this is to rectify the County's own mistake that is not
specifically covered under North Carolina law, which the Board feels under obligation to correct.
Commissioner Gordon said that she hopes they are not opening a Pandora's box.
She asked how they could do it without setting a precedent.
Jahn Link said that this was a case where two years in a raw the same mistake was
made. The reason he made this recommendation is that it sends a message to the County and
to the State that in the year 2004, people expect mistakes to be rectified after the first year.
Commissioner Halkiotis would like to make it clear that the Board did not make the
mistake.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
approve the request far a refund of property taxes on a motor vehicle for $165.35.
VOTE: UNANIMOUS
c. Proposed Waste Reduction, Reuse and Recycling Fee
The Board received a report on a proposal to implement for FY 2004-05 a tiered
Waste Reduction, Reuse, and Recycling Fee to be assessed on all improved Orange County
property to finance recycling and waste reduction services/programs.
Solid Waste Director Gayle Wilson made this presentation as shown below:
Waste Reduction, Reuse, and Recycling Fee Recommendation
A pri! 13, 2004
Gayle Wilson, Solid Waste Director
Historical Perspective
• 9993 Supplemental Financing Needs First Discussed
• 9996 First formal staff memorandum presented
• 9998 Alternative Finance Committee formed
- Elected OfFicials, Managers, Finance Directors and a citizen
• 9999 Alternative Finance Committee suspends work
- Solid waste organization, Interlocal Agreement issues take priority
• 2009 BO CC requests SWAB consider and offer recommendations
• 2003 (Jan/Palo) SWAB and staff present fee proposals
• 2003 (Nov) Revised staff proposal presented to BOCC
Fee rather than a Tax
• Consistent with November 2003 BOCC agreement in principle
Not an availability fee, but a Recovered Material Fee (see attached letter from County
Attorney)
• Considered "Other Fee" in Interlocal Agreement
- SWAB has formal role in approval
- SWAB unanimously endorsed staff recommendation on April 8, 2004
Why is a Fee Necessary?
• Success of local waste reduction programs has resulted in decline in tipping fee revenue
• Continued investments in recycling and waste reduction programs in response to County
goals
• Some wastes are collected by private companies and taken elsewhere because of Orange
County's high tipping fees.
• Continuing high participation and high demand far recycling services by Orange County
citizens
General Approach
• Continue using tipping fee revenue to the extent practicable
• Fee would be assessed to the owner of all improved properties, including tax-exempt,
residential and non-residential
• BiII on property tax bills beginning in 2004
• General intent that you pay for the services you receive, that are available to you, or that are
performed an your behalf
General Approach {cont.)
• Use a two-tier system with everyone getting at least the basic services fee
• Minimize fees to the extent passible
• Fee revenue wil! not be used to fund solid waste collection or disposal functions
• Following BOCC adoption, staff to initiate broad based public education campaign
Basic Fee
• $36 per year
• Levied on each improved property unit, regardless of location in the County or tax status
• For services provided to or on behalf of everyone such as HHf/lt,electronics, drag-off sites,
food waste, education and outreach
• Total fee if no additional services available
• $3 per month
Urban Fee
• $39 per year
• Levied an each improved property unit inside incorporated municipal limits where weekly
curbside recycling pickup is available
• $39 plus Basic Service Fee of $36 per year
• Total Fee $75 per year
• $6.25 per month
Rural Fee
• $ ~ 6 per year
• Levied on each improved property unit outside incorporated municipal limits where biweekly
curbside recycling pickup is available
• $76 plus Basic Service Fee of $36 per year
• Total Fee $52 per year
• $4.33 per month
Multifamily Fee
• $74 per unit per year
• Levied an each improved property unit where apartment/condominium "IUlultifamily" Type
service is available, regardless of location in the Gounty
• $74 plus Basic Service Fee of $36 per unit per year
• Total Fee $50 per year
• $4.16 per unit per month
Tipping Fee Revenue
• lipping fees used to subsidize recycling through 200910
• 2004/05 $749, 537
• 2005106 $859, 235
• 2006/07 $994, 332
• 2007!08 $847, 406
• 2008/09 $1, 042, 430
• 2009/10 $0 -Landfill closes
Recommendation
• BOCC review and discuss recommendation
• Provide additional guidance and direction to staff
• Adopt Reduction, Reuse and Recycling Fee for timely insertion into 2004 Property Tax bills
Rod Visser said that the reason they are doing this is because Orange County leads
the state in recycling and was the first county in the state to surpass the statewide goal. Orange
County has reduced its solid waste per capita by 45°l° and most of the rest of the state has
increased the amount of disposed waste. In a way, we are victims of our own success because
as the waste is reduced, the income is also reduced. He said that the interlocal agreement has
been in place between the County and the Towns since 1999, but this is the first time where the
quasi-legislative role of the Solid Waste Advisory Board comes into play. They would like to
implement this in July 2004.
Chair Jacobs said that Chapel Hill has on its agenda tomorrow night same questions
and concerns about the three-year solid waste plan.
Commissioner Brown asked what would happen if someone could not pay this extra
fee that is on their tax bill. Tax Collector Jo Roberson said that her understanding is that they
cannot use any type of forced collection on this. It will reflect as a "fee" outstanding balance
and not a "tax" outstanding balance.
Commissioner Brown said that she thought they were going to come up with an
appeal process for this fee for people with low income. Rod Visser said that if the Board wants
them to do this, they would look at it. John Link said that they did talk about it briefly. The staff
can address this.
Commissioner Brown said that this would be an important piece for her. There
needs to be some mitigation.
Commissioner Brown made reference to page 11 and asked how Carol Woods
would pay their fee. Gayle Wilson said that they discussed Carol Woods and in the report it
says that each unit would pay a fee, and now they would like to revise the recommendation so
that not all units would be assessed the fee. Carol Woods has a greater mix of units than most
complexes.
Discussion ensued between Commissioner Brown and Gayle Wilson about fees for
different types of units.
Commissioner Brown said that Chapel Hill had requested adding a mixed paper
piece to this so that there would be an upgrade to their services when the fee came online.
Gayle Wilson said that he does not remember afollow-up item on this. It would be difficult to
provide this at the curbside. He is not aware of a formal request from Chapel Hill.
Commissioner Brown would like to see a piece that addresses low-income people
and how the fees will be determined for different sized apartment units.
Chair Jacobs suggests that they take this as part one of their discussions because of
the time.
Commissioner Gordon asked if the landfill tip fee will continue and Gayle Wilson said
yes, the tipping fee rate structures would not change at all.
Commissioner Gordon made reference to page 11 and that non-residential units are
only going to pay the basic fee until there can be a mare equitable situation in two to three
years. She does not want to wait two or three years. Gayle Wilson said that the first year they
were going to do the basic rate because it would be time consuming. They are in the process of
matching PIN numbers to addresses.
Commissioner Gordon said that her point is that it should be done before two to
three years. Gayle Wilson said that they were thinking that this initial fee would need
refinements in the residential section.
Commissioner Gordon asked the staff to provide a justification for residential and
non-residential at a later time.
Commissioner Gordon said that she would like clarification concerning people in
rural areas who have private contractors serving their units and what their responsibility would
be to pay this. She is not sure how staff was going to verify the number of uninhabited units.
There are same empty mobile homes, for example. Geof Gledhill said that, by establishing a
fee for recovered materials, you avoid all of these complicated questions. Recovered materials
are not restricted in a way that solid waste availability fees are restricted.
The action on this item was deferred.
d. Appointments
{1) Arts Commission
The Board was to consider one appointment to the Arts Commission.
DEFERRED
{2) Carrboro NTA (Northern Transition Area) Advisory Committee
The Board was to consider an appointment to the Carrboro NTA {Northern Transition Area}
Advisory Committee.
DEFERRED
(3} Carrboro Planning Board
The Board was to consider one appointment to the Carrboro Planning Board.
DEFERRED
{4} Commission for Women
The Board was to consider appointments to the Commission for Women {CFW}.
DEFERRED
{5) Human Services Advisory Commission
The Baard was to consider appointments to the Human Services Advisary Commission
{HSAC).
DEFERRED
{6} Transportation Services Board
The Board was to consider appointments to the Transportation Services Board {TSB} that
include a representative from the County Manager's Office and the Board of County
Commissioners.
DEFERRED
1 Q. Reports
a. Schools Adequate Public Facilities Ordinance (SAPFOI-Technical Advisory
Committee Annual Report
The Board was to receive a preliminary report on the student membership and
capacity of the Orange County Schools (OCS) and the Chapel Hill-Carrbora City Schools
(CHCCS) as of November 15, 2003, and on related issues as outlined in the draft Annual
Report of the SAPFO Technical Advisory Committee (SAPFOTAC).
DEFERRED
b. Staff Analysis of Proposed Addendum B to the Interlocal Aareement on
CHCCS High School #3
The Board was to discuss a requested staff analysis of a proposed addendum to the
interlocal agreement that became effective on August 7, 2003 regarding the planned third
Chapel Hill- Carrboro City Schools (CHCCS) high school.
DEFERRED
11. Closed Session
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to go
into closed session at 10:45 p.m. for the purposes af:
_`To discuss the County's position and to instruct the County Manager and County Attorney
on the negotiating position regarding the terms of a contract to purchase real property,"
NCGS § 143-318.11(a)(5).
"To consult with the County Attorney in order to preserve the attorney-client privilege
between the Board and the County Attorney regarding the State vs. Hoyle King ," NCGS
143-318.11 {a) {3) .
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to
reconvene into regular session at 12:05 a.m.
VOTE: UNANIMOUS
12. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to
adjourn the regular meeting at 12:06 a.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board