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HomeMy WebLinkAboutMinutes - 20040504APPROVED 08117!04 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 4, 2004 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 4, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, Commissioner Margaret Brown, Moses Carey, Jr., Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda There was a replacement resolution (yellow) far item 6-d and a replacement for item 5-c {blue}. John Link said that they have the proposed new request for County positions that is part of the Manager's recommended budget for the May 5t" work session. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda James Ward is a resident of Chapel Hill and the commander of General W. W. Kirkland Camp Sons of Confederate Veterans in Chapel Hill. He said that they have come with a proposed resolution, naming the month of May as Confederate History Money in Orange County. He read the resolution, as follows: Proclamation of Confederate History Month Whereas, an May 20, 1861, the State of North Carolina seceded from the Federal Union and became part of the Confederate States of America. Whereas, at least 2000 men from Orange County fought far the Confederacy and a quarter of these died in defense of their homes. Whereas, the women and children and elderly of Orange County suffered hardship and privation during this period. Whereas, all citizens of Orange County should study the history of this period so they will have a better understanding of this tragic time. Whereas, since every generation should honor the generations in their past it is only right and proper that we should officially recognize the sacrifice and fortitude of the people of Orange County who lived and died during the War Between the States. Therefore, we, the Orange County Board of Commissioners do hereby proclaim the Month of May hereafter as Confederate History Month and proclaim that the First National Flag of the Confederacy be flown from the Courthouse on the 10t" of that month. " He said that the SCV is anon-political organization dedicated to preserving the history and legacy of the Confederate soldier. It was begun in 1896 and all members are descendants of Confederate veterans. He said that of the 376 men enrolled at UNC in 1860, only 1 remained to graduate -the rest had volunteered to fight in defense of their state. There were two generals from Orange County -General George B. Anderson and General William W. Kirkland from Ayrmount in Hillsborough. The largest surrender of the war occurred on the Bennett farm in 1865 in Orange County. He said that Confederate veterans used to be honored in every community, but times have changed. He said that, na matter how we view the past, everyone should show honor and respect to these people. One positive way of doing this is to proclaim the month of Mayas Confederate History Month and to allow their flag to be flown one day of that month. Elliot Cramer read a prepared statement, as follows: I want to compliment John Link on the pace at which he and his staff are moving forward as evidenced by today's agenda, this despite the lack of cooperation from APS. I note that an announcement has gone out to local veterinarians regarding spay/neutering and I know of at least one who has responded. This announcement correctly estimates the number of surgeries as being about 1,500 per year, one third of the number stated by Ann Peterson. After the last meeting Ann told me her figure came from former interim Director Suzy Cooke. Where's Suzy's figures came from, I do not know. I again urge the County to consider outside applicants for two of the top positions in shelter management. I don't question John Link's right to hire whomever he chooses; I do question the decision to retain all of the current APS employees without any evaluation of their past performance and without consideration of other more qualified persons. It was publicly stated an several occasions that APS employees could make application far County positions and that they would be evaluated for these positions BEFORE being hired by the County. It appears now that they are being hired without any serious evaluation. This is not a significant issue for the lower level positions, given the turnover at the shelter. Nine of eighteen current employees have less than a year's service. It IS a significant issue for the Volunteer Manager, a recent 2003 UNC graduate with less than a year's full time work experience in a position that did not exist six months ago. It is even more significant far the Shelter Operations Manager who must bear much of the responsibility for the many shelter problems noted by HSUS. At the salaries they are being offered, $5,000 mare than they earned last year, well-qualified candidates are available now, let alone July 1. I understand that these employees will be evaluated as to their meeting minimal necessary skills over their first six months, but is this the best the County can do? Surely the County should avail itself of the opportunity to start afresh with really well qualified employees. I have two names right here {he gave the names to the Chair). Peg O'Neil is a volunteer at the Orange County Shelter. She is also a dog trainer and has a good background in animal behavior. On January 2, 2004, she was called and asked to faster a puppy from the shelter. She had just left the shelter, but returned immediately to pick up the puppy. She found out that the puppy had been there since October 31St. A member of the public had asked to see this puppy and Jane pulled the puppy out of the kennel. When she did this, she realized that the collar was embedded in the puppy's neck. The vet tech had to cut the collar out of Hope's neck. The puppy had been there for two months. She adopted the puppy, and when she did, the Interim Director cautioned her that they did not want to air their laundry in public. On February 9t", Hope was spayed. When she went to pick her up at the Mebane facility, they asked her to get Hope out of the kennel because she would not let anyone touch her. On February 23rd, her vet put down Hope. She said that this puppy had been warehoused and puppy-milled and was terrified of human beings -all under the auspices of the present staff at the shelter. She said that there are many people out there with tremendous expertise and she asked the Board to please look outside and not bring in the old staff. She said that there are many more instances of this nature. Pat Sanford said that if this had happened in the community, the person would be charged with cruelty. She said that a few weeks ago Linda Schmoldt told the Board how wonderful it was that APS was not going to provide veterinary services. She thought that this was wonderful because it meant that the County could start afresh, which is what they all want. She said that she and Elliot have met with the new Shelter Director and offered full cooperation and any training. They believe that the many volunteers that have left in disgust are going to return to the shelter when it is right again. The present Shelter Operations Manager was responsible for disease management for over a year prior to the HSUS evaluation and since then. She said that there was a litany of abuses recorded by the HSUS and these have continued after the departure of Laura Walters. The current warehousing of animals and failure to vaccinate is unacceptable. She urged the County Commissioners to put a new management team at the shelter. She asked that they accept applications from outside APS, permitting comparative evaluations for the shelter management positions. She said that she visited the shelter at Charlotte-Mecklenburg and they call it Animal Services Bureau. She urged the County Commissioners to use the bureau status. They have over 100 active volunteers and they spay and neuter all animals before they go out. The shelter is clean and nice. Commissioner Brown said that she thought they were going to offer positions to anyone who applied, including current staff. John Link said that as they try to prepare for the July 1St transition, they are taking the same approach as they did last year with the rescue squad transition. They are accepting County applications from people working from APS that want to be considered far working full time for the County. They are offering the opportunity far anyone that is now working far APS to transition into the County under a probationary period. This will be far six months at least before they are made permanent. Commissioner Brown asked if there were any openings for the public to apply. John Link said that the present staff at APS will have a timeframe within to apply and if not, then these positions may be advertised to the public. Commissioner Brown said that she thought the jobs were going to be open to the public and the evaluation would be on credentials. She hopes that this will be extended to nine months so that they can get a good evaluation of the employees. Commissioner Brown asked about the accuracy of the story of Hope. She would like to have a report on this dog that had an embedded collar. John Link said that they would research this. John Link said that, just as they have gone through transitions in the past, they would make sure that staff are able to do the jab and are proficient before they are made permanent. He said that he respects the concerns of the public and they do not have the luxury of going through applications for 2-3 months because they have to be transitioned by July 1St Commissioner Brown asked if they have a process so that this type of dog cruelty can be observed and reported as soon as possible. John Link said that people make mistakes and if someone works for Orange County government then they will be accountable to the County and the expectations will be clear. Commissioner Brown said that if a citizen wants to make a complaint, there needs to be a process now. John Link said that the public should call the Manager's office at 245-2300 or Assistant County Manager Gwen Harvey. The entire management team is working hard on this transition. Chair Jacobs said that he has asked Personnel Director Elaine Holmes and John Link to send the County Commissioners a memo to re-outline the proposed approach to the transition. He thinks that the process that is proposed will give the opportunity for the truth to surface. They have confidence in the Manager to recognize good employees from bad employees. He also thinks that the staff should go back and review the HSUS report in the interim, and they can start to put together a system for tracking citizen concerns. Commissioner Carey said that he shares the concerns, but he reiterated that the employees that are transitioned to the County would get six or mare month's probationary status. He said that they could determine in less than six months whether the employee is suitable for the job. John Link said that every new employee is evaluated for six months. Geof Gledhill said that people could be let go sooner, but could not become permanent employees until at least six months. Commissioner Halkiotis said that he is comfortable with letting people go earlier, and he has enough faith in Jahn Link to get the job done. Chair Jacobs asked staff to come back before the break with some proposed procedures for customer service and animal service at the shelter. Chair Jacobs spoke to Mr. James Ward and told him that they refer these items to staff and Greg Wilder would speak with him. 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 sometime in the future he wants to know about subdivision proposals because he has not seen any in months. He finds it hard to believe that they have stopped happening. Commissioner Halkiotis said that Sheriff Pendergrass is making available, through Project Child Safe, a variety of gunlocks. He is giving these away for free at the Sheriff's office. Commissioner Halkiotis introduced his mother, Kay Halkitois, who was visiting from Florida. Commissioner Gordon said that the High School #3 advisory group met yesterday and they spent a lot of time on the media center. She said that the County Commissioners want to know how they are planning for generator readiness for emergency shelters, the plans for athletic fields, and how the school will come back within the budget. There will be a final "large group" (advisory group) meeting on June 7t" and the high school #3 plans will go to the school board for approval sometime in June. After that, the plans will be presented to the Board of Commissioners. Commissioner Gordon made reference to TTA and said that they talked about air quality and more cooperation with the other bodies. They sent a letter to the two Transportation Advisory Committees (TAC) in the region, CAMPO and DCHC, asking for a greater partnership. Also, TTA wants to try and participate in the funding discussions for regional transit. Chair Jacobs asked if it would be worthwhile for the Board to discuss its position on these types of taxes and fees before breaking for the summer. The proposals he has heard are regional-driven and not user-driven. Commissioner Gordan said that they should at least get a report. She said that an important aspect was who would get the increased funding streams. There is no guarantee that TTA would get anything. Commissioner Carey said that he would like to get a report because he would like to know why some of the revenue options were excluded. Commissioner Gordon said that at the Triangle J Council of Governments they also talked about air quality. There was a handout on bio-diesel fuel. There will be a Regional Legislative Day on June 2"d with the General Assembly from 1:00-5:15 p.m. There will be a program an regional responses to today's economic challenges. Chair Jacobs said that the Board has asked for an architectural history on Orange County and he asked what was happening on this. He said that they paid for a report years ago and it has never been published. John Link said that this is an item in the HPC budget. Chair Jacobs said that they received an agenda item at the Assembly of Governments meeting about school siting coordination that is to take place between the towns, the County, and the schools. It had no timetable on it. He would like something in writing about the timetable. Chair Jacobs said that they got a speed mama today from Craig Benedict about a courtesy review of something going on NC 86 North that will be going before Hillsborough. He wanted to make sure that Craig Benedict's comments go directly to the elected officials. Craig Benedict said that they go to the Hillsborough Planning Director and Manager. Chair Jacobs said that this issue was raised after the Orange Grove Road group made recommendations and they never reached the elected officials of Hillsborough when they were considering a development proposal. He would like to make sure that when there are courtesy review comments that they go to the elected officials. Jahn Link said that he would speak to the Town Manager to make sure this happens. Chair Jacobs said that he attended all seven of the land use plan update outreach meetings. He thanked the Planning Director and staff for setting these up. He would like to see a map of the reservoirs in Orange County. Also, he would like to see designs on the Nello Teer quarry by the Orange County Speedway for when they are done mining it as a possible water supply. Chair Jacobs said that there were comments about building more reservoirs in the County. The Board adopted a resolution to build no more landfills in the County and he would like the Planning Director to draft a resolution that there will be na more reservoirs in the County. Chair Jacobs said that recently a Town Board packet from Hillsborough had something in it that made reference to changing their noise ordinance. He would like the staff to look at this related to the go-cart track, which is exempt from regulations because it did not break the noise ordinance and did not charge as a commercial enterprise. There are still noise issues of hours and pitch. He would like to compare our ordinance to other noise ordinances. Chair Jacobs said that in listening to the last few community meetings, there has been talk of transferable development rights (TDR) and the fact that the County is going to hire a consultant. He suggested that before the August quarterly public hearing that the staff put out a request for proposal to hire a consultant and consider forming an Efland Small Area Plan Work Group. Chair Jacobs said that after the Mental Health Association breakfast last Saturday, he was traveling down Airport Road and there were two large open bed trucks from a landscaping company (first name "New") with compost from the landfill, and they were slopping an the road. He thought the County required these trucks to have covers on their loads. Chair Jacabs said that the Relay far Life would be May 15t" at 6:00 at Orange High School. Chair Jacobs offered an invitation to all of the people who filed to be County Commissioners to come to the meetings. 4. County Manager's Report Emergency Management Specialist Eric Griffin talked about EMS's "All Hazards Guide." He said that this would be available to residents and visitors in the County. It is a comprehensive guide of what to do in an emergency and haw to be prepared for an emergency. The copies will be placed in public libraries, public buildings, and on the website. He thanked Jeanette Jones, who was working on an oversized version. Since then, it has been shrunk down because of space concerns. Commissioner Brown said that she was very interested in looking at the noise ordinance. She does not think it has been addressed. Geof Gledhill said that the County has a minimal ordinance that is very old. Commissioner Brown asked who address the noise ordinance in the ETJ areas and Geof Gledhill said that the noise ordinance would apply in the ETJ areas. The noise regulation for commercial uses is in the zoning ordinance. 5. Items for 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 minutes as submitted by the Clerk to the Board for meetings on February 23, 2004, March 4, 2004 and March 22, 2004. b. Appointments (1) Human Services Advisory Commission The Board reappointed Patty Maynard Hill and Phyllis Horton to the Human Services Advisory Commission {HSAC) for a first regular term each to expire March 31, 2007. c. Property Tax Refund/Release The Board adopted arefund/release resolution, which is incorporated by reference, related to two (2) requests for property tax refunds in accordance with N.C. General Statute 105-381. d. Audit Contract for the June 30, 2004 Fiscal Year The Board awarded a contract to Cherry, Bekaert & Holland, Certified Public Accountants, for the provision of audit services far the fiscal year ending June 30, 2004 and authorized the Chair to sign. e. Acceptance of State Recycling Grant for Glass Crusher This item was removed and placed at the end of the consent agenda for separate consideration. f. Petition for Addition of John Woods Road and Standing Rock Court to the State Maintenance Program The Board approved the request to add John Woods Road and Standing Rack Court to the State-maintained Secondary Road System. ,g: Consolidated Housing Plan Annual UpdatelHOME Program The Board adopted resolutions, which are incorporated by reference, approving the 2004 Consolidated Housing Plan Annual Update: the proposed HOME Program Activities for 2004-2005 and authorized the Manager to implement the HOME Program as approved by the BOCC, including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. h. Lease Approval: Additional Space for Central Orange Senior Center The Board approved a lease for 2,000 square feet for additional space adjacent to the existing Central Orange Senior Center at the Meadowlands, Hillsborough in which to expand the Center, subject to review by Staff and County Attorney; and authorized the Chair to sign. i. Bid Award: Renovation ~ New Construction at Whitted The Board awarded bid number 1376 to Patriot Building Company of Hillsborough, NC at a total cost of $70,618 for new construction and renovation at the Richard Whitted Center to create additional office space; and authorized the Purchasing Director to execute the necessary paperwork. 1 Bid Award: Animal Shelter Equipment The Board awarded bid number 1369 to Suburban Surgical Co., Inc. of Wheeling, Illinois far the purchase of 100 stainless steel pet cages and 18 stainless steel bases at a total delivered cost of $30,756.24 far use at the Animal Shelter: and authorized the Purchasing Director to execute the appropriate paperwork. k. Change in Rules of Procedure -Rule 11 -Order of Business The Board adopted a change in the Board of County Commissioners' Rules of Procedure, Rule 11, "Order of Business" (a} Regular Meetings - by moving agenda category number eight, entitled, "Items for Decision -Consent Agenda" from the eighth place in the order of business to the fifth place. Subsequently, agenda categories numbers five, six and seven will therefore be renumbered to six, seven and eight, respectively. I. Billing and Collection of Fees for Proposed Town of Chapel Hill Stormwater Utility This item was removed and placed at the end of the consent agenda for separate consideration. m. Options for the Laws House (Little River Regional Park and Natural Area) This item was removed and placed at the end of the consent agenda for separate consideration. n. Disposition of Orange County Board of Education Property The Board declined to exercise its right to obtain the property described in the agenda materials, and directed the County Attorney to provide written notification to that effect to the Board of Education's attorney. o. Budget Amendment #12 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2003-2004 far Department of Social Services, Department on Aging, and Health Department. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: e. Acceptance of State Recycling Grant for Glass Crusher The Board considered acceptance of a grant from the North Carolina Division of Pollution Prevention and Environmental Assistance (DPPEA} in the amount of $25,000 in order to purchase a glass crushing machine to create alternative products from unmarketable or costly glass and authorizing the Manager to accept and sign the grant agreement and any other appropriate documents, subject to final review by staff and the County Attorney. Commissioner Halkiotis said that he commends the staff for doing this. He read, "the cutlet produced by the crusher can be used in landfill operations as roadway bedding, drainage medium, landfill cover, and other uses, reducing quantities of stone and gravel usually used for these purposes. The Town of Chapel Hill has expressed interest in considering use of the product for running trail base material." He asked why Orange County has not expressed interest in this also. He would like to be involved in this. Chair Jacobs asked the staff to find out what is being done with all of the County's recycled products related to selling them to school systems or governments. Rod Visser said that they would bring back a report. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to accept a grant from the North Carolina Division of Pollution Prevention and Environmental Assistance (DPPEA} in the amount of $25,000 in order to purchase a glass crushing machine to create alternative products from unmarketable or costly glass and to authorize the Manager to accept and sign the grant agreement and any other appropriate documents, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS I. Billing and Collection of Fees for Proposed Town of Chapel Hill Storm water Ut~l~ty - The Board considered giving conceptual approval to a request from the Town of Chapel Hill that the County bill and collect on the Town's behalf, fees that would be associated with the creation of a Town storm water management utility; directing staff to develop, in conjunction with Town staff, an interlocal agreement to cover billing and collection of storm water fees, which would be scheduled for review and approval by both the BOCC and Town Council by June 2004; and authorizing the creation of a new permanent full-time Tax Clerk position. Commissioner Gordon said that Chapel Hill is proposing a storm water utility. She wants to make sure that it is clear that it is the Town and not the County proposing this fee. She is worried about complaints. John Link said that he has had discussions with the Town Manager and there have been many hours of work. He hopes that the Board will approve this in concept. They want to make sure that people understand that it is Chapel Hill imposing the fee. It will be a County employee, but it will be paid for by Chapel Hill. Rod Visser said that Chapel Hill is very willing to do the educational campaign to make sure everyone knows it is imposed by Chapel Hill. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to give conceptual approval to a request from the Town of Chapel Hill that the County bill and collect on the Town's behalf, fees that would be associated with the creation of a Town storm water management utility; direct staff to develop, in conjunction with Town staff, an interlocal agreement to cover billing and collection of storm water fees, which would be scheduled far review and approval by both the BOCC and Town Council by June 2004; and authorize the creation of a new permanent full-time Tax Clerk position. VOTE: UNANIMOUS m. Options for the Laws House [Little River Regional Park and Natural Areal The Board considered options for the disposition of the Laws House, an existing turn of the century dwelling located at the Little River Regional Park and Natural Area; and approving the expenditure of up to $15,000 for Option #5 -stabilizing the Laws House prior to the opening of the Park. Commissioner Gordon said that they needed to discuss this because this Laws house was rejected as the caretaker house. It is not in the master plan. She is concerned because it seems that a decision could have been made sooner. It is too bad that a house this valuable was not going to be used as the caretaker house or a park function. Tina Moon said that they have seriously talked about this situation and they regret that they are at this point. She said that the house has not been incorporated because it was too close to the road. She said that the easy choice at this paint was to remove the house from the property. In the long term, these first park projects are going to be very precedent setting. This building has some significance and it fills in a piece of the rural heritage that other park projects do not fill. Commissioner Gordon said that it has came to the point where a decision has to be made and this should be evaluated before money is put out, which mayor may not be well spent. Chair Jacobs said that they all share her discomfort because it is at the last minute, but in fairness to staff, there have been three iterations of the consultant since they were first hired and it is the first time they have done anything with another County. There have also been deadlines imposed by federal funding. It is understandable that there are same loose ends. Commissioner Halkiotis agreed and said that they went into renovating a much newer structure, the Whiffed Building, and had to spend more money on that than they were prepared to. He said that he thinks the Board of County Commissioners got this ball rolling and adopted the concept of deconstruction. He said that the staff needs to get the word "demolish" out of their vocabulary. He said that they are doing this because it is the right thing to do and not because it is politically correct. He does support this item. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the expenditure of up to $15,000 for Option #5 -stabilizing the Laws House prior to the opening of the Little River Park. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Recognition of Orange County Courthouse Mural Project The Board considered a resolution to officially recognize the work involved to commission, create, and display the six mural panels representing 250 years of Orange County history, now on display in the Orange County District Courtroom and authorizing the Chair to sign. Chair Jacobs asked Michael Brawn and Judge Buckner to come forward. The title of the mural is "The Tree of History Has Many Branches." Commissioner Halkiotis read the resolution. A motion was made by Commissioner Halkiotis, seconded Commissioner Carey to officially recognize the work involved to commission, create and display the six mural panels representing 250 years of Orange County history, now on display in the Orange County District Courtroom and authorize the Chair to sign the resolution as stated below: RESOLUTION OF RECOGNITION OF THE INDIVIDUALS AND ORGANIZATIONS WHO CREATED A VISUAL REPRESENTATION OF 250 YEARS OF ORANGE COUNTY HISTORY - THE ORANGE COUNTY COURTHOUSE MURAL WHEREAS, A mural commemorating the 250th anniversary of Orange County is on display in the Orange County District Courtroom; and, WHEREAS, Chief District Court Judge Joe Buckner, the District Bar of Orange and Chatham Counties and the Orange County Bar Association provided primary concept, funding and spirit to make this dream a reality; and, WHEREAS, the painting by Michael Brown with help from Jennifer Miller represents one and a half years of research with help from UNC students; and, WHEREAS, during the last week of December 2003, six panels, 8 feet wide by 20 feet tall, were installed in the courtroom; and, WHEREAS, the art work contains 60 unique items representing the history of the County from pre-Columbian times to the present and also the diversity of the people who have called Orange County home; and, WHEREAS, the majority of the $35,000 cost was covered by the Judicial District 15B Bar and the Stroud Roses Foundation and private donations; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners expresses its sincere appreciation and recognition to Judge Joe Buckner, the District Bar, the Orange County Bar, Michael Brawn and the many others involved for their outstanding effort and skills to bring this public art work to the residents of Orange County. This the fourth day of May 2004. VOTE: UNANIMOUS b. Older Americans Month and Senior Center Week The Board considered joining federal and state governments in designating the month of May as Older Americans Month, a time to honor older citizens for their contributions to society; and also to designate the week of May 9 through May 15 as Senior Center Week in Orange County to recognize local senior centers as focal points far providing opportunities and services to alder citizens of Orange County and authorizing the Chair to sign. Commissioner Gordon read the resolution for Senior Center Week. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to join federal and state governments in designating the month of May as Older Americans Month, a time to honor older citizens for their contributions to society; and also to designate the week of May 9 through May 15 as Senior Center Week in Orange County to recognize local senior centers as focal points for providing opportunities and services to older citizens of Orange County and authorize the Chair to sign the proclamations as stated below: PROCLAMATION SENIOR CENTER WEEK WHEREAS, Local communities support over 15, 000 Senior Centers across the United States, serving close to 10 million older adults annually, and , WHEREAS, Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County through ifs Department on Aging, and, WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution fo the community, and, WHEREAS, Encouraged and supported by the OlderAmericans Acf, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported and socially involved, and, WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the Tale of Senior Centers in serving them, WHEREAS, This year's Senior Center Week theme is "Senior Centers On the Move" that promote Senior Friendly Communities. NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the week of May 9 through May 75, 2004 as SENIOR CENTER WEEK AND, further, do call upon the people of Orange County to honor olderRmericans and the Senior Centers that bring together activities and services to their benefit. This the 4t'' day of May, 2004. PROCLAMATION OLDER AMERICANS MONTH WHEREAS, According to the latest population figures, there are almost 17,000 persons over 60 years of age in Orange County; and, WHEREAS. The President of the United States and the Governor of North Carolina have declared May as Older Americans Month; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they contributed to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of alder persons and their labors and are inspired to continue to make Orange County a goad place in which to live; and, WHEREAS, The theme for Older Americans Month is "Aging Well, Living Well" to celebrate and recognize older Americans who are living longer, healthier, and more productive lives; and, WHEREAS, Orange County also wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 2004 as OLDER AMERICANS MONTH AND, further, do encourage all citizens to join us in honoring our older Americans. This the 4th day of May, 2004. VOTE: UNANIMOUS c. Hurricane Awareness Week Proclamation The Board considered designating the week of May 16 through May 22, 2004 as Hurricane Awareness Week and encouraging residents to learn mare about severe weather preparedness; and authorizing the Chair to sign. Commissioner Carey read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to designate the week of May 16 through May 22, 2004 as Hurricane Awareness Week and encourage residents to learn more about severe weather preparedness; and authorize the Chair to sign the proclamation as stated below: A PROCLAMATION HURRICANE AWARENESS WEEK May 16th through 22nd! 2Q04 WHEREAS, The National Weather Service has proclaimed the week of May 16 through 22, 2004 as Hurricane Awareness Week; and WHEREAS, Orange County is vulnerable to hurricanes, including the associated impacts of tornadoes, inland flooding, and strong winds; and WHEREAS, Hurricanes have impacted North Carolina 45 times since 1857; and WHEREAS, The Atlantic hurricane season lasts from June 15~ until November 30~ of each year, although hurricanes can occur before and after the season; and WHEREAS, The need for residents to learn more about hurricanes and how to protect themselves should be emphasized; NOW THEREFORE, The Board of County Commissioners hereby proclaims the week of May 16 through 22, 2004, as Hurricane Awareness Week, and encourages all residents to learn more about hurricanes and be aware of the dangers of associated impacts of tornadoes, inland flooding, and strong winds, especially during the Atlantic hurricane season. Adopted this 4th day of May, 2004. VOTE: UNANIMOUS d. Resolution Regarding Erika Cruz Romera's Petition far Asylum The Board considered a resolution to recognize and support Erika Cruz Romero's petition far asylum and authorizing the Chair to sign. Commissioner Halkiotis said that his grandmother smuggled his father out of Ottoman Empire Turkey and they sailed him into Greece. His father ended up in America and another uncle ended up in Mexico. He said that when he heard about this girl, it would be natural to get involved. He thinks that this is a humane thing to do. He read the resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to recognize and support Erika Cruz Romero's petition for asylum and authorize the Chair to sign the resolution as stated below: Resolution Regarding Erika Cruz Romero's Petition for Asylum Whereas, Erika Cruz Romero is an eleven-year-old EI Salvadoran girl who left her home and proceeded alone to make her way to the United States to find her father; and Whereas, Erika Cruz Romero found her father, her only relative willing and able to care for her, in North Carolina; and Whereas, the Immigration and Nationalization Service has stated that she must leave voluntarily by June 2004 or face deportation; and Whereas, Ms. Romero's deportation will mean facing a life on the streets in EI Salvador and separation from her father; and Whereas, the health of a community is contingent on the health of its individual residents and families; and Whereas, a healthy community ensures the safety of its children and provides for their education and general welfare; and Whereas, Orange County supports healthy families and supports the safety, education and general welfare of children; and Whereas, if Ms. Romero is granted asylum, her family will remain intact, she will be spared a life on the streets, and her family will then be able to contribute to the health of the community; NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby express our support for Erika Cruz Romero's petition of asylum. This the 4~" day of May, 2004. VOTE: UNANIMOUS Milan Pham said that the update is that Ms. Cruz will be legal in the United States until her petition is heard and advocates feel that she has a chance of remaining permanently. Commissioner Halkiotis asked Milan Pham to make sure that this petition gets to the right people. e. Orange CountylTown of Hillsborough Urban Transition Area Task Force The Board considered approval of a resolution creating a Joint Orange CountylTown of Hillsborough Urban Transition Area Task Force and appointing two County Commissioners and one Planning Board member to serve on the Task Force. Craig Benedict said that this item deals with the creation of a joint task force between the Town of Hillsborough and the County. This was discussed at the March 22"d joint meeting. This task force would address the planning in the fringe areas around Hillsborough that are within Orange County's planning jurisdiction. The task force would consist of two Board of County Commissioners, two Hillsborough Town Commissioners, a Planning Board member from Orange County and the Town and alternates. They expect to move fast in addressing the issues within a 3-4 month timeframe. Chair Jacobs said that it should be clear that this would be jointly administered. He said that it might be good to involve the recreation departments. Also, it might be good to invite citizens to attend, even though they would not be active participants. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve a resolution creating a Joint Orange County/Town of Hillsborough Urban Transition Area Task Force and defer appointment of two County Commissioners and one Planning Board member to serve on the Task Force and to solicit other participants such as recreation. VOTE: UNANIMOUS 7. Special Presentations a. Distinguished Budget Presentation Award The Board recognized the staff of the Orange County Budget Office for earning the Government Finance Officers' Association (GFOA) Distinguished Budget Presentation Award far the 2003-04 fiscal year budget documents and presented the GFOA plaque to them. John Link said that this award is very hard to obtain. The Budget Office has received this award 12 out of the last 13 years. Rod Visser recognized Budget Director Donna Dean, Budget Analyst Paul Laughton, and Rooney Mestas. Donna Dean thanked her staff and all departments for their support. b. Proposed fJrange County "Air Quality Response" The Board received a presentation an a proposed "Air Quality Response", outlining a series of initiatives underway and/or proposed to address current and upcoming air quality issues in the County. Karen Lincoln said that on April 15th the EPA published a list designating the Triangle area as non-attainment for ground level ozone. The State will be developing an implementation plan over the next few years to reduce the ozone levels in the non-attainment areas. In the meantime, Orange County has been developing some initiatives. At the Board retreat in January, it asked the Commission far the Environment to proceed with plans to look into reports from other localities and evaluate mitigation standards that could be implemented. The commission will also look at the recommendations of the Greater Triangle Regional Council. They anticipate a report this fall. A second effort that is being coordinated with Orange County, Chapel Hill, and Carrboro is to produce a greenhouse gas emissions inventory and develop a greenhouse gas reduction action plan. Another initiative is to purchase alternative fuels and low emissions vehicles for the County fleet. She said that ERCD had applied for a grant, but the funds were eliminated because of the State budget crisis. They are looking into locating a compressed natural gas fueling station in Hillsborough. Commissioner Halkiotis said that he is interested in this. He thinks the County and Town governments have been good stewards of the land and have been careful. He read an page 3, "Local governments play a key role because they directly influence and control many of the activities that produce these emissions." He made reference to Cary, which is wide open and building everywhere. He is not convinced that the neighboring counties have felt the pain enough to get the message across yet. He thinks everyone needs to step up to the plate and show their commitment. He is tired of everyone putting it on our plate. He has not seen much commitment coming from neighboring counties. Commissioner Gordon made reference to page 5 regarding bio-diesel. She asked what would be used at a CNG fueling station in Hillsborough -bio-diesel, natural gas, or both. Karen Lincoln will take this back to the staff. Chair Jacobs said that there was a recommendation to go with compressed natural gas, but he would like to review the thinking behind this because CNG is not a renewable resource. Commissioner Brawn said that it is important to understand the relationship between high-density development and people having the opportunity to use public transportation and actual use of public transportation. This is a very difficult change far people to make, even though the claim far high-density development is that somehow people will use public transportation. Craig Benedict said that a lot of the successful public transportation systems were a result of bad transportation situations where it got to the point that public transportation was the only alternative. There have not been many proactive successful public transportation initiatives. Craig Benedict said that he thinks we will have to look at every possible facet of reducing emissions to make the program work. Chair Jacobs said that when the regional initiative was announced, he spoke with someone from the Division of Air Quality about our request to have an air quality monitor in Orange County. They cost about $50,000, and it was suggested that if the County could get someone at UNC or even at one of the high schools to adopt the scientific maintenance of the monitor, the State would look more favorably upon locating one here. This would be a great educational tool. He suggested having the Commission for the Environment communicate with the educational system. c. Schools Adequate Public Facilities Ordinance (SAPFOI-Technical Advisory Committee Annual Report The Board received a preliminary report on the student membership and capacity of the Orange County Schools {OCS) and Chapel Hill-Carrboro City Schools (CHCCS} as of November 15, 2003, and an related issues as outlined in the draft Annual Report of the SAPFO Technical Advisory Committee {SAPFOTAC} and provide any appropriate direction to staff. Rod Visser said that the major issue that the Board of County Commissioners needs to deal with relates to the notion of capacity. There has been a change in the past year based on policies from the State Department of Public Instruction that has said that the schools need to reduce class size for K-2 by two students to a ratio of 21:1. This would create a need to provide additional space to house the students. Geof Gledhill said that the most important issue for the Board is section 1-b of the agreement, which is page 4 of the packet. The "building capacity" idea is a joint decision of the Board of County Commissioners and the school districts. This is not the same decision that is being made with respect to the school district transmitting building capacity to the parties and the County signing off within 15 days of the school capacity being delivered. Craig Benedict said that there is a capital investment plan capacity increase, such as adding seats that have been approved. The other changes have to do with guidelines from the State. Chair Jacobs said that the legislators indicated that efforts are underway to change the dictates from the State to reduce class size. Commissioner Carey asked about the timing for the joint decision to be made and Geof Gledhill said that it needs to be made very quickly. Craig Benedict said that the certification process should have happened in February. There were 143 new students in Orange County and 313 in Chapel Hill-Carrboro. Each year, the numbers would be certified using the same student generation rates. The memberships would be taken for ten-year projections. There is growth anticipated in both school systems. Commissioner Halkiotis said that they stated to the legislative delegation about this being another unfunded mandate. He asked what the position was of the North Carolina Association of County Commissioners with these proposals of reducing class sizes. He asked staff to find this out. Chair Jacobs would also like to know if the NCACC has a position on the Leandro case because it appears that the State government is going to fight to prevent further dictates toward equity. Commissioner Gordon said that the membership numbers and almost everything else except the class size reduction was fine. She asked if the Board could approve everything except that issue. Geof Gledhill said that the Board could move forward on the certification process that allows the CAPS permitting piece to work, by asking the Boards of Education to submit building capacity based on the redefined standards. Then it can be certified within the time period and the joint work could be done to address the change in building capacity. Commissioner Gordon stated that she did not understand what else needed to be done besides the K-2 class size issue. Rod Visser said that Commissioner Gordon is right and the good news is that there is agreement on the numbers. The issue remains about the capacity. He said that if the Board were to transmit a request to the school boards to stick with the capacity figures that were already in place and then work later to change the capacity figures, then there would be the same capacity numbers as of November 15, 2003 as there were as of November 15, 2002 with the exception of the addition of 100 seats at Hillsborough Elementary. John Link said that he would like to ask the Board to act on what has been articulated. He thinks the Board should be able to act on all of the items except the capacity issue. Chair Jacobs suggested coming back at the next meeting with an action item and the next steps. John Link said that he will make sure that this is in bullet form for the next meeting so that the Board has clear steps to act upon. 8. Public Hearings a. Proposed Orange County 2004/2005 Secondary Roads Construction Program The Board discussed and received comment on North Carolina Department of Transportation's Proposed 2004/2005 Secondary Roads Construction Program for Orange County. Karen Lincoln said that NCDOT staff is here tonight for this public hearing. She turned this item over to Division 7 Engineer Mike Mills for the presentation. Mike Mills said that Daug Galyon could not be here and he sent his regrets. He introduced his staff. He said that they are anticipating having an allocation of $1,417,699 for the 2004-2005 program. North Carolina Department of Transportation Proposed 2004!2005 Secondary Roads Construction Program ORANGE COUNTY FY 2004/2005 Anticipated Allocation Highway Fund Trust Fund Total $ 686,316.37 $ 731, 383.41 $1,417,699.78 I. Paving Unpaved Roads Programmed Paving Goal: 7.20 Miles A. Rural Paving Priority Map Priority SR No. Length Estimated No. No. (miles) Road Name And Description Cost 1 16 SR 1510 1.90 Ormond Rd. from SR 1001 to SR 1507 com lete fundin $375,000 2 18RW SR 1145 0.20 Squires Rd. from SR 1146 to End of Maintenance $46,000 3 17 SR 1356 0.40 Tom Po e Loo Rd. from NC 86 to SR 1357 $92,000 4 18 SR 1357 0.40 Hopkins Rd. from SR 1536 to Durham Co. Line $92,000 5 19 SR 1597 0.70 Norman's Rd. from NC 157 to SR 1541 $161,000 6 20 SR 1584 0.20 Brooks Rd. from SR 1551 to SR 1585 $46,000 7 21 SR 1778 0.80 Murphy School Rd. from SR 1718 to Begin Pavement $184,000 8 22 SR 1176 0.30 Camp Chestnut Rd. from SR 1125 to End of Maintenance $69,000 9 23 SR 1513 1.20 Ta Rd. from SR 1512 to Person Co. Line $276,000 10 24 SR 1322 0.20 Forrest Ave. from SR 1372 to End of Maintenance $46,000 11 25 SR 1542 0.90 Jackson Rd. from SR 1579 to SR 1541 artial fundin $5,000 Total Miles 7.20 Subtotal $1,392,000 II. Funds reserved for surveying, right of way acquisition, Subtotal $25,699.78 acquisition, road additions, contingencies, overdrafts, and paving entrances to certified fire departments, rescue squads, etc. Grand Total $1,417,699.78 Commissioner Halkiotis said that the Board thanked them in absentia for the $50,000+ to do the guardrails on Highway 57. Mike Mills said that this is on the agenda for board approval tomorrow. It will be approved. Commissioner Halkiotis asked how many miles of unpaved roads would be left after these are paved in this program. Mike Mills said that they would have 15 miles left to be paved. This is 15 miles of existing State maintained roads that are unpaved. There are other unpaved private roads. Commissioner Gordon asked for the priority list of the remaining roads. Commissioner Brawn asked about Smith Level Road and said that another road was recently put into Smith Level Road. She was surprised that there would be another connection for a private residence. Mike Mills said that it would have to be a developer driven project. Commissioner Brown said that she asked Craig Benedict and he did not know anything about another road coming in there. Mike Mills will find out about this. Commissioner Brown said that as the high school is being built in Chapel Hill, she understands from the newspapers that they have extended the completion date of the high school. She asked if this could fit into NCDOT's timeframe for improvement of this intersection. Mike Mills said that they are waiting to see if that was going to be the site for the new high school. Commissioner Brown said that the concern was that County money would be used to upgrade the intersection where the high school is going on Smith Level Road and how much better it would be if it could be combined with NCDOT's upgrading of Smith Level Road. Apparently, the opening date has been changed. Mike Mills said that the project itself has been pushed back and before they go in there they want to meet with Carrboro and NCDOT officials to discuss this project further. There are not any funds for this project now. NCDOT can pay for the paving of the school bus drive and the grading of the school bus parking lot up to $50,000. In answer to questions from Commissioner Gordon, Mike Mills said that NCDOT is saying that the traffic count warrants afour-lane divided facility and Carrboro feels otherwise. NCDOT did another traffic count analysis and they have not received everything back on this part yet. They advised the Roadway Design Engineer that there might be a school going in, so they were waiting to see the size of the school, etc. Chair Jacobs said that the Board of County Commissioners endorsed Carrboro's plan and that was part of the smart growth initiatives. Commissioner Gordon suggested sending a letter to say that the school is going in. Mike Mills said that he will take the Board's ward far this and he will set up a meeting with Carrboro and Orange County. PUBLIC COMMENT: John Robinson said that he started this in December 2001 and the County Commissioners were his last resort. He showed three folders that were in reference to this street problem. When he first spoke with the County Commissioners, he only asked for help in getting Glenn Street put on DOT's system. He was surprised when a County employee called him to tell him that other streets were to be paved. Since nothing was happening, he went to Raleigh and met with DOT. Within 15 minutes of a meeting in Raleigh, someone called Chuck Edwards and told him that the streets were to be put an the system and that he would take the money out of the fund and give it to Chuck Edwards to do these streets - to upgrade and pave. He had never asked that the street be paved. He now understands from the latest memo out of the Greensboro office that DOT will take over the streets with a minimum upgrade. He talked with Chuck Edwards and the street is under water. They lowered the street level and did not put in any ditches and when it rains, the road is a pond. He is not sure what is going on with the streets. Mike Mills said that they added Glenn and Cherry Streets to the State maintenance system at no cost to the property owners. They da have plans to perform maintenance on these two roads. They are also going to add Tanya Street to their list, but this road did not have a right-of-way. They now have submitted this to the NCDOT board, and it will be to add the rand to the system and just to bring it up to minimum unpaved standards. He could put these on the paving program far next year if the Board directs. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the North Carolina Department of Transportation's Proposed 2004/2005 Secondary Roads Construction Program for Orange County. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. 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 County Senior Center. DEFERRED b. Legal Advertisement for May 24, 2004 Quarterly Public Hearing The Board considered authorizing submittal of the Quarterly Public Hearing Legal Advertisement for publication for the May 24, 2004 Quarterly Public Hearing. Commissioner Brown asked if there would be a public hearing on the soccer park. If so, this would be a good place to have it. Chair Jacobs said that there would have to be a proposal first. May 18t" would be the earliest that they could approve the authorization to contract for design services. Commissioner Gordon said that the Board ought to follow the Soccer Superfund guidelines, which say that they are supposed to have public input before putting in facilities. Chair Jacobs asked staff to bring all this back and Craig Benedict will bring a timeline. Commissioner Gordon would like to put the soccer facility on this public hearing. Chair Jacobs would like to get information first before he makes any kind of decision. Commissioner Gordon asked what information was needed. Commissioner Halkiotis said that he would need all the documents that are not here tonight. He would like the staff to bring back the possible cost savings to the County if both sites are developed at the same time. He reminded the Board that an additional $100,000 was spent on the Smith Middle School fields because there was no coordination between the University and the school system. Commissioner Brown would like to make sure that they have the environmental impact. Commissioner Gordon read from the "Construction of Public Facilities" as follows: "Facilities funded by the Soccer Superfund should be developed using a process that includes opportunities for public hearings, comment, and review. Chair Jacobs said that it does not say anywhere that it has to be before a site is decided or before there is a design. A motion was made by Commissioner Gordon to add this soccer facility as an item on the public hearing. The motion failed for lack of a second. Commissioner Brown said that it should be clear that this will go on a public hearing, but the Board does not have all the information to do it at this time. Craig Benedict said that it could be a regular meeting public hearing. A motion was made Commissioner Halkiotis, seconded by Commissioner Brown to approve the Quarterly Public Hearing Legal Advertisement for publication for the May 24, 2004 Quarterly Public Hearing. VOTE: UNANIMOUS c. Authorization to Contract with Corley Redfoot Zack (CRZ1 for Design Services for West Ten Soccer Park The Board was to consider authorizing a contract with Corley Redfaot Zack (CRZ) for design service of the 34-acre West Ten Road Soccer Park; authorize the preparation of an appropriate agreement with CRZ, contingent upon staff and Attorney review; and authorizing the Chair to sign. DEFERRED d. Lease Approval: Parks Operations Base The Board was to consider approving athree-year lease with JCBH Properties, LLC for approximately 4,000 square feet, interior and 3,5000 square feet, exterior at 503 Cornerstone Court, Hillsborough for space to be used as parks operation base and authorizing the Chair to sign. DEFERRED 10. Reports -none 11. Closed Session -none 12. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Brown to adjourn at 10:40 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board