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HomeMy WebLinkAboutMinutes - 20040608APPROVED 9!912004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 8, 2004 (continuation of June 2, 2004) 5:30 p.m. The Orange County Board of Commissioners reconvened their meeting of June 2, 2004 on June 8, 2004 at 5:30 p.m. at the Government Services Center 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: S. Sean Barhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Gwen Harvey and Deputy Clerk to the Board David Hunt (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. Chair Jacobs started the continued meeting at 5:55 p.m. 1. Twin Creeks Environment and Resource Conservation Director Dave Stancil made a PowerPoint presentation. Twin Creeks {Moniese Nomp) Status Report and Issues Discussion June 8, 2004 Activities To Date • Pre-Concept Plan and Master Plan Process adopted - 6!2002 • Master Plan Work Group - ~0/24a2-512043 • Receipt of Work Group Report- 72/03 • Naming of Site - 72/03 • Referral of Master Plan to Carrboro - 1/04 • JPA Hearing Status Report - 3144 Issues Identified by the Board • Connector Raad /Entry Road • Degree of Inter=Connectedness between Park and Schools • Water and Sewer Service • Public Transportation • Phasing Plan • Layout of Educational Campus (smart growth design) Connector Road • Lake Hogan Farm Road extension • No speci>rc corridor or lacatian - should tie Homestead to Eubanks • Segments of road are built as phases of development constructed • No part of road in proposed Phase 1 of park • Schools may need to construct portion? Parkway Entry Road • Enters from Old 86 at existing farm road • New subdivision proposed along southern border (Villages at Berkeley) • Town staff likely to recommend shared entry off Old 86 • Developer willing to build shared segment to parkway standards and be reimbursed portion of cast Degree of Inter-Connectedness • Challenge: Pre-Concept Plan defined boundaries, but emphasis on "seamless transition" • Trails network has three trails that connect park and campus - but no interior road • Jones Greek Greenway is the boundary between educational campus and park • Some fields oriented for potential sharing on both park and campus Water and Sewer Service • OWASA identified and mapped service plans prior to acquisition • Sewer extending up along Jones Creek (primary) and Buckhorn Branch corridors • Water from Dld 86 or new lines in campus or to south • Phase I of park may require limited service • OWASA asked to offset sewerlines from streams Possible Phasing Plan • Staff draft plan of up to four phases • Phase 1 designed to minimize infrastructure costs (road 1 sewer) and offer mix of uses • Limited resources far Phase I - no public water/sewer • Future phases could be combined Public Transportation • Bus stops and turnarounds designed at both campus and park • Planned park bus stop is in future phase? • Short-term for Phase 1-loop on parkway or circle parking area Schools Campus Smart Growth • Issues Raised with Campus design • Smart Growth Standards for School Design Possible Smart Growth Policy for School Site Development • Smart Pattern of development • Community Involvement • Mixed Use • Integrated Transportation • Environmental Considerations • Site Standards • Performance Building Criteria • Student Health • Social Equityt Shared Bene1<ts • Otherinnovative/sustainable ideas Proposed Actions • Review/discuss revisions to Plan, and Smart Growth School principles • Consider open house/public input session • Authorize staff to evaluate water and sewer projected demand • Authorize cost estimates and CUP application prep • Consider timetable of actions Commissioner Halkiotis asked for a copy of the understanding when OWASA put the line in. He thought there were some restrictions on the line and that no one could tap into it. Dave Stancil said that they would be asking the Board to evaluate the water and sewer possibilities, so this could be included. Commissioner Halkiotis said that the idea of portable toilets totally turns him off. Commissioner Gordon asked what would be used of the budget and Dave Stancil said $1.2 million for phase 1. Phase 1 of the park could possibly be open in spring 2Q07. Commissioner Halkiotis asked about the number of wells far irrigation. Recreation and Parks Director Lori Taft said that it depends on haw deep the wells would be. There would need to be a lot of water for irrigating the six fields. Commissioner Halkiotis said that there needs to be a serious discussion on what is expected from these fields. He said that a million gallons of water a year throws up flags for him from a lot of perspectives. There needs to be a realistic proposal. He said, with all due respect for the school systems, unless there is some ironclad agreement, once the coaches and the people move into the buildings, the fields belong to them and they do not belong to the people. Chair Jacobs said that he hears those problems at Cedar Ridge. Commissioner Halkiotis said that it is the same stuff everywhere. Commissioner Brown said that it seems that there may need to be a groundwater study. Commissioner Gordon asked how many gallons per minute would be needed. Lori Taft did not know exactly. She gave an example of Little River Park where they have 20 gallons per minute for minimal usage. This would be a completely different animal. Her thought was that a well would be less expensive than pulling it out of OWASA. Commissioner Carey said that the Board asks the public to support bonds for higher cost schools because there is supposed to be community use and it does not materialize. He is concerned about this. Planning Director Craig Benedict continued with the presentation Commissioner Gardon said that she would like to ga directly to the question of whether this educational campus is satisfactory or not. This plan was developed by the Master Plan Work Group and it shows two schools on this part of the site, a Rashkis Elementary prototype and a Smith Middle School prototype. She said that if this is not satisfactory, they need to know now. The elementary school is supposed to open by 2007. These schools fallow the standards approved by the Commissioners. She thinks the Board should move forward on this. She said that if the plan is not satisfactory, she wants to know why. Commissioner Brawn said she served an that group, and her feeling was that they went too far in trying to decide what combination of schools would be an the property. Her sense was to find the usable square footage for buildings on the property. She said that they could drop back and say that there is an empty site that will allow a certain amount of footprint and see what the configurations could be with smart growth principles. She made reference to the community center and said that the group was not supposed to discuss this. Commissioner Gordon said that the community gym could be separated off from the discussion. She said that there were Schaal board representatives, County Cammissianers, and members of the public an this group. She said that it was not acceptable to drop back and start back from the beginning. Commissioner Brown said that she did not say to start from the beginning. Commissioner Gardon said that she believes it is important to take the work of the group and decide whether the Commissioners affirm it or not and move it to Carrboro and the school board. It has been stalled for a year and very little has been done. Commissioner Halkiotis asked if they were proposing joint use of facilities between the two schools like at McDougle. Commissioner Gordon said she thinks so. Commissioner Halkiotis said that this brought some challenges. He said that unless there is some solid use, he feels bad about seeing softball/baseball fields because the coaches are going to fight for priority of use and someone will have preeminence there. He said that there should be a separate softball and a separate baseball field. He hopes there is a solid arrangement. He wants to move ahead also, but he wants to make sure it is all ironed out. Commissioner Brawn asked if the models of Rashkis and Smith wauld be used here. Dave Stancil said that only the footprints would be used. Commissioner Brawn asked if they were smart growth buildings. Chair Jacabs said that Smith is considered a smart design. Commissioner Brown said that sending it ahead is fine, but if it is not just a duplication of schools, she does not think it should be allowed to continue if the Board does not think it is the right design that should go there. Commissioner Carey said that it is premature to make that conclusion. Chair Jacobs agreed. He thinks there is a plan, but it is not necessarily a smart growth plan. He does not think the facilities can share very easily. He thinks there is too much parking. He made reference to the track location and said that there is no way that it could be incorporated into park use. Commissioner Brown asked how many playing fields were put into the school site. Dave Stancil answered that there are four fields. John Link said that he was not directly involved in the conversations, but his observation is that it has been a little confusing to him regarding smart growth principles and actual construction standards. He thinks it would be helpful for the Board to articulate how the construction standards now have additional criteria regarding smart growth. Chair Jacobs said that the schools should be commended for what they are doing with their buildings. However, the DPI standards should be abandoned because they are considered wasteful of land. The understanding from the collaboration meetings was that they would talk about this. He said that it is clear that our construction standards are based on this anachronistic model. He said that this is property that the County owns, so if they want to model a behavior, this is a good opportunity. Commissioner Gordon said that these two schools were on 44 acres and the third middle schaol in Orange County was going to be on 41 acres. She asked how one was smart growth and one was not. She does not want to hold up the Orange County middle school, but these questions need to be answered. Chair Jacobs said that the difference was that the Twin Creeks site, unlike the Efland site, has a highly developed public transportation system that can serve the site, and it has an updated land use plan that calls for intense urban style development. The two sites are not exactly comparable. Commissioner Brown said that if the track is supposed to be a public access, the public would have to park at the school to be able to access it. She had hoped that the track would be on the park site so that the children could walk down and use it. Commissioner Halkiotis said that 20 years ago a design team would be hired and would present a design and there would be a vote on it. Now, there is an input process and everybody has input. This takes longer. He said that once schaol people take aver a facility, it is aver and there is no public purpose. This is true with all school systems. He is not sure you can ever arrive at a perfect model. Commissioner Carey said that there are same of the Manager's recommendations that can proceed tonight. The footprints can be moved around. The open house public input meetings can also proceed. Chair Jacobs asked John Link if the County has ever received a letter from CHCCS indicating when the 10th elementary school would be needed. Jahn Link said that, as part of the SAPFO, he thought it was in 2007-08. Craig Benedict said that the SAPFO identifies what year the elementary school level would be over capacity; however, sometimes it changes. Chair Jacobs agreed with Commissioner Carey. He asked about the open house meetings and if they could try some different permutations with Lori Taft, Dave Stancil, and Craig Benedict. For example, the lowest parking lot to the east could be an athletic facility. It would be more accessible. He suggested taking the 3`d, 4t", and 5t" bullet of the recommendation and ask the staff to offer same different designs for the public input sessions. A motion was made by Commissioner Gordon to send the master plan for the site asking the CHCCS to formally comment, and send the draft smart growth principles to both school systems and adopt the 3rd 4t" and 5t" bullets as follows: set an open houselpublic input session (to be held in late-August orearly- September); and authorize staff to prepare and evaluation of the eventual water and sewer use by the different portions of the site; and consider the timetable of activities and potential phasing of the park, authorizing staff to prepare revisions to the Master Plan and the CUP application for further review and eventual submittal to Carrboro for Phase I. Motion failed for lack of a second. Commissioner Halkiotis said that there needs to be a continued discussion about what is going on. He pointed out that the 100 parking spaces at the top are connected right to the gym. It is designed far parking for a community gym. Commissioner Brown said that the group really did not discuss the transportation piece very much, and this needs to be considered. A motion was made by Chair Jacobs, seconded by Commissioner Brown to: - consider setting an open houselpublic input session (to be held in late-August or early-September); and - authorize staff to prepare an evaluation of the eventual water and sewer use by the different portions of the site; and - ask the schools for a written timetable for proposed construction of an elementary school and what infrastructure issues they have; and - engage Chapel Hill Transit in some preliminary discussions of how to get service to this site; and - develop same scenarios in time for the public session for alternatives that attempt to address some of the shared use and smart growth concerns expressed by the Board; and - submit to the school boards the smart growth principles for comment. Commissioner Gordon asked if this included the last bullet. Chair Jacobs agreed to include this, which is: Consider the timetable of activities and potential phasing of the park, authorizing staff to prepare revisions to the Master Plan and the CUP application for further review and eventual submittal to Carrboro for Phase I. Commissioner Gordon clarified that the Master Plan prepared by the Work Group would be included as one of the scenarios presented. Chair Jacobs said that when this goes to the public, it should be indicated that this is a vision that has not been endorsed or proposed by the Board of County Commissioners regarding the community center. The Board has strong hesitations about it. The Board agreed to take off the community center. The documentation could be presented so that it tracks what the Work Group proposed. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Brown, seconded by Commissioner Gordon to adjourn the meeting (previously started June 2"d} at 7:15 p.m. VOTE: UNANIMOUS David Hunt Deputy Clerk to the Board Barry Jacobs, Chair APPROVED 9/9/2004 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEEETING JUNE 8, 2004 7:30 p.m. The Orange County Board of Commissioners met for regular session on Tuesday, June 8, 20Q4 at 7:30 p.m. at 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, Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Barhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the information at the County Commissioners' places: - Lavender sheet -updated information on the membership raster for item 5-b - Yellow sheet -additional application for the Hillsborough Planning Board {item 9-d-1) - Orange sheet -item 5-c regarding Cybrary - Two items are to be pulled -items 5-z and 9-b John Link said that they met with the Chair and Vice-Chair, the Chapel Hill Mayor, and two council members from the Chapel Hill Town Board, and heard their ideas and suggestions for how they would suggest the County approach the reuse/recycling fee for next year. The staff will bring the Board some alternatives or additional scenarios to consider on June 17tH This is why the items are being pulled. Commissioner Brown said that they made a lot of progress when they met with Chapel Hill officials and she understood what they wanted. Commissioner Carey asked if Carrboro was there and Chair Jacobs said no but a copy of the letter from the Town of Carrboro was faxed to Chapel Hill. Commissioner Carey asked about the issues raised by Chapel Hill. Chair Jacobs said that Carrboro's concerns were related to the structure of whether it was a tax or a fee and Chapel Hill's were related to the additional reduction of waste. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Judge Buckner gave a packet of information to the Clerk. He said that sometimes in the court system they assume everyone knaves what they are doing. He submitted that the district courts are touching lives more than anyone else {traffic cases, divorces, child custody, child support, domestic violence, etc.). He said that they are not going to talk about programs that the court operations team is working on. He wants to talk about issues that need better community coordination. He said that judges are decision makers, but more importantly, problem solvers. With mental health reform coming, they are going to have to find a way to manage these populations in the community. The areas he is referring to are abused and neglected children, traditional crimes, hospital commitment hearings (substance abuse and mental health), child support cases, and community quality of life crimes. He and the other district court judges are committed to looking at this as a problem-solving model. He said that their opinion is that a full 80°~ of these areas of concern {high dollar and high danger issues) is substance abuse related. A component of this is people with mental illness. He said that he has learned that North Carolina is 1 of 29 states that has a mental health court. The substance abuse issues are multiple and he is convinced that there are multiple roads to dependency and addiction. They do not have the jail space or the prison terms to isolate. The mode is to problem solve, and he is asking the County Commissioners to make a commitment and to set up the court structure so that there is accountability. They are going to need treatment, either through OPC or other appropriate agencies. The programs they are looking at are holding people accountable and are providing follow-up. He and his colleagues are completely committed to attacking this problem. He will give the staff some different ideas. The Board expressed appreciation to Judge Buckner for coming to speak. Judge Buckner said that they would like to do multiple community outreach forums. The forums will probably be held in early fall. Commissioner Halkiotis said that he hopes that Commissioner Brawn and Tam Maynard can bring the University to the table because they have tried to bring them to the table before and the University has not participated yet. He hopes they will become a meaningful partner in this. He is really worried about what the State is doing. Judge Buckner said that there are two parts of the University issue -protection of the University and its property and the protection and behavior of students. He thinks there is an interest an the part of the University. He said that they probably cannot be dependent on Raleigh and Washington on this mode and they should go ahead and move forward. Elliot Cramer complimented John Link and the staff on the progress made for the animal shelter takeover. He has some continued concerns about animal neglect at APS. He made reference to a memo from Joe Pulcinella regarding Hope, the puppy who was seriously neglected and abused by APS. No one that was involved was contacted except for Peggy O'Neil, and she has written HSUS regarding this. He said that this is the first time in over two years that anyone at APS has publicly acknowledged that there has been improper care at the shelter. Not even the HSUS report is sufficient to elicit such a response from the prior management. He said that Joe Pulcinella's candor is long overdue. This incident took place before Joe arrived and it appears that no one at APS is being held accountable or has taken personal responsibility. He thinks that Suzy Cooke should be asked to come forward with an explanation of what she did in response to this disgraceful example of animal cruelty. With regard to accounting for animals on July 1St, he is concerned with the inadequate record keeping at APS. He requested it several months ago, but he has been unable to obtain an accounting of where each APS animal is. He fears that without proper intervention, the County will not have an accounting on July 1St. He has these skills, and he has offered to help. He does not believe that anyone at the County is skilled in the use of the new Chameleon software, although APS was supposed to start using it two years ago. He is still eager to help when he gets back from vacation if he is asked. Pat Sanford said that she has been out of the loop these past few weeks because of a hospice situation in their home. She was told this afternoon that the shelter would hold animals that are through their holding period on June 30th until the new APS kennel is finished. She asked the Board to please rethink this. The worst possible road for the new shelter plan to take is to warehouse animals. This is what has caused the problems over the last two years - warehousing is crudely inhumane. The shelter will be forced to euthanize animals coming into keep those promised to the APS. Also, overcrowding will cause increased disease. It also shows that the APS is not changing its views on warehousing and shows its disregard for these animals and the shelter. If the AP5 wants the animals available on June 30th, an agreement should be made with them that they will follow standards set forth by the County and HSUS and that they must board the animals elsewhere so this matter will not impact shelter animals in July and August and perhaps longer. She said that one of the reasons that there might be a delay in the APS shelter is that the kennels themselves were designed to be only three feet wide. They should at least be four feet wide. Jim Dooley was representing the Hillsborough Chamber of Commerce far Hillsborough Hog Day #22, which is June 18-19. He thanked the County for cooperating. He said that they are heavily into recycling. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Gordon said that before this meeting, the Board discussed the Twin Creeks site, which is off of Eubanks Road and old NC 86. There was a Work Group of over 20 people that participated in the planning of the park and the school site. The group made its report last June and the County Commissioners received it December 2003 and today, the Board had its first serious discussion. She said that the meeting was not televised, so she wanted the public to know what happened. She read the motion as follows: "consider setting an open house/public input session (to be held in late-August orearly-September}; and authorize staff to prepare an evaluation of the eventual water and sewer use by the different portions of the site; and ask the schools far a written timetable far proposed construction of an elementary school and what infrastructure issues they have; and engage Chapel Hill Transit in some preliminary discussions of how to get service to this site; and develop some scenarios in time for the public session for alternatives that attempt to address some of the shared use and smart growth concerns expressed by the Board; and submit to the school boards the smart growth principles for comment; and consider the timetable of activities and potential phasing of the park, authorizing staff to prepare revisions to the master plan and the application for review and eventual submittal to Carrboro for phase I." She said that she was disappointed that this has taken so long. She was further disappointed by the Board's action since the school site is going to be reworked and not forwarded to CHCCS yet. She said that she brought up at the meeting that two CHCCS schools were being put on the 44 acres and the Board wants to delay to see if smart growth principles can be applied. On the other hand, the property for the third middle school for OCS is 41 acres. She expects an answer to the question she raised about why it is not smart growth to put two schools on 44 acres, but when there is one school on 41 acres, it is considered smart growth. Commissioner Gordon said that she is also disappointed because the Board has delayed far one year selling bonds for a number of projects, including the Chapel Hill District Park, now known as Twin Creeks. She listed the delayed projects: Twin Creeks, Efland- Cheeks Park Phase II, Northern Human Services Center Park, part of the soccer superfund, Southern Community Park, affordable housing ($1.3 million}, and senior centers ($1.5 million). This also includes some schools. She said that she was disappointed in this meeting and she remains very concerned about the progress the Board is making on Twin Creeks Park. She is getting very impatient. She has nothing against smart growth principles, but feels the Board should move these projects along. Commissioner Carey asked about a letter that John Link wrote to Superintendent Neil Pedersen about appropriation of funds for the third high school site, in which he proposed two options for the Superintendent, and he was supposed to let the Board know as soon as possible which option the school board was going to pursue. John Link said that he just received a reply to this today and Dr. Pedersen's response was that they wished to pursue the second option, which was to utilize impact fee revenue already set aside for this project. Pay-as-you-go funding would be used to replenish the impact fee revenue designated for the project. Commissioner Halkiotis said that he would not engage in getting upset about anything because he thinks the Board has made same good progress. He said that nowadays the decision process is much more involved with many more people and takes much longer. Commissioner Halkiotis requested that the Manager check with the Sheriff regarding several bills in the N. C. legislature, where they are asking for security upgrades for courthouses across the state. He thinks Orange County should apply for some of this money and the legislative delegation should submit a bill requesting monies for security upgrades in the courthouses. Commissioner Halkiotis asked for some additional information about Durham County Commissioners and the Durham City Council that has been discussing a toll road. He asked how they could legally do this. He asked the County Attorney to send the Board some information. He wants to know who gets the tolls and how it could potentially impact the citizens of Orange County. He is concerned about this. Commissioner Halkiotis said that every time there is an election, some interesting things happen. He made reference to a story from the Chapel Hill Herald - "Candidate Acquitted in Sign Trial." He read that an employee of the County planning department testified during the trial that his department decided that they would not enforce the sign ordinance because the school merger issue was so hot and that it did not want to become involved in it. He asked, if this story is correct, if County employees have that authority not to enforce a particular ordinance because they feel a particular political issue is so hot that they do not want to become involved in it. He asked the Manager to give them the correct information and if this actually happened. He said that rules should apply equitably across the County. Commissioner Brown made reference to a letter from Mayor Kevin Foy, who requested that the Orange County staff be available far a meeting to discuss homelessness in Orange County. Chair Jacobs said that they discussed this at agenda review, and he already sent a letter to Mayor Foy, suggesting that this should coordinate with the timing of the Human Services Advisory Commission September forum. This could be incorporated into one effort, if it is agreed to make this the subject of the forum. John Link said that he needs to see if the issue of homelessness is to be the subject of the HSAC forum. The staff would then be working on a daylong effort. Commissioner Brown said that Mayor Foy only wanted to have atwo-hour lunch meeting. Chair Jacabs said that they could structure the forum differently. Chair Jacobs said that he and Commissioner Brown were at the Southern Community Park meeting with Chapel Hill staff and County staff and others, and they will be coming forward with a recommendation for the $1 million in bonds for Chapel Hill greenways. The aquatic center is under design and the Arts Commission will be giving them an update on the 150 applicants for the public art in the aquatic center and Southern Community Park. Regarding the Carrboro greenway money, they received a letter from the Manager of Carrboro indicating that the Board of Aldermen has agreed to fund with the County the acquisition of the Adams Tract. This will be on the agenda before the Board adjourns for the summer. Chair Jacobs congratulated Commissioner Carey, Denny Marson, and Tom Whisnant for being honored by the Friends of Affordable Hauling last week. Chair Jacobs made reference to Commissioner Cordon's question about the difference between the middle school on the Twin Creeks site and the middle school in Efland, and said that the answer she got from him was that the difference was that the Twin Creeks site, unlike the Efland site, has a highly developed public transportation system that can serve the site, and it has an updated land use plan that calls for intense urban style development. They are nat exactly comparable. This was the answer that was offered to Commissioner Gordon. 4. County Manager's Report John Link recognized Tom Maynard, Director of OPC Mental Health, who was named Mental Health Professional of the Year by the National Alliance for the Mentally I II in North Carolina. He congratulated Tom. John Link recognized Alice Pettit, Extension Agent for Cooperative Extension. She has recently been awarded the Circle Award from the North Carolina Dietetic Association. She has been working with Cooperative Extension far 29 years, and with Orange County far 17 years. Cooperative Extension Director Fletcher Barber also added some comments to congratulate Alice. John Link introduced Renee Campbell as the County's new Visitors Bureau Director. She is from Indiana and is a Wake Forest alumnus. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Carey seconded by Commissioner Halkiatis to approve those items on the consent agenda as stated below: a. Minutes The Baard approved the minutes from the April 13, 2004 regular meeting as submitted by the Clerk to the Board. b. Appointments (1~ Hillsborough Board of Adiustment The Board reappointed Richard Silverman for a first full term to expire June 30, 2007 to the Hillsborough Board of Adjustment. c. Establish Permanent Part Time Librarian Position for the Cybrary located in This item was removed and placed at the end of the consent agenda for separate consideration. d. Contract with the Town of Chapel Hill for Animal Control and Emergency Animal Rescue Services (EARS} The Board authorized the Chair to sign the contract with the Town of Chapel Hill to provide the Town with animal control and emergency animal rescue services beginning July 1, 2004 in the amount of $66,820, subject to final review by the County Manager and County Attorney. e. Contract with the Town of Carrboro for Emergency Animal Rescue Services E( ARS1 The Board authorized the Chair to sign the contract with the Town of Carrboro to provide the Town with emergency animal rescue services beginning July 1, 2004 in the amount of $6,000, subject to final review by the County Manager and County Attorney. f. Contract Renewal with UNC Family Medicine and Health Department The Board renewed a contract with UNC Family Medicine and Health Department for Physician Services and authorized the Chair to sign, pending approval of the FY 2004-05 budget and County Attorney review. g_ Agreement Renewal with UNC School of Dentistry for Pediatric and General Practice Dental Resident Services for Health Department The Board renewed agreements with the UNC School of Dentistry far a pediatric dental resident and far a general practice dental resident for the Health Department and authorize the Chair to sign subject to the approval of the 2004-05 budget. h. Contract Renewal for Pharmacy Services far Health Department The Board approved the contract renewal for pharmacy services for the Health Department and authorized the Chair to sign, pending the approval of the 2004-05 budget and County Attorney review. i. Hycaneechee Regional Library Contract Agreement Renewal The Board renewed the contract agreement between the Hyconeechee Regional Library System and the counties of Caswell, Orange, and Person and authorized the Chair to sign. L Contract Renewal: The People°s Channel The Board approved the renewal of a contract with the People's Channel for videotaping County Commissioner meetings for fiscal year 2004-2005 pursuant to the referenced cost schedule; and authorized the Chair to sign on behalf of the Board. k. Lease Renewals: Skills Development Center The Board renewed lease agreements with Orange County Literacy Council, the Joint Orange-Chatham Community Action {JOCCA), the Employment Security Commission, and Durham Technical Community College for space to be used at the Skills Development Center, 503 West Franklin Street, Chapel Hill, NC for the period July 1, 2004 through June 30, 2009; and authorized the Chair to sign on behalf of the Board. I. Employee Assistance Program Contract Renewal The Board authorized the Chair to sign the contract with Magellan Behavioral Health far the EAP far 2004-2006, subject to staff and County Attorney review. m. Contract Renewal with UNC Hospitals far DSS to Provide Medicaid Workers The Board accepted the Social Services Board recommendation and approved the renewal contract with UNC Hospitals. n. Contract Renewal with Orange Enterprises for Supportive Emplovment Services The Board accepted the recommendation of the Social Services Board and approved the renewal contract with Orange Enterprises far $15,000 in fiscal year 2004-2005. o. Contract Renewal with Morgan and Associates for Faith Community Coordinator for Work First Participants The Board accepted the recommendation of the Social Services Board and approved the renewal contract with Morgan and Associates. ~ Contract Renewal with Emplovment Security Commission for Job Placement Services at the Skills Development Center The Board accepted the Social Services Board's recommendation and approved the renewal contract. ~ Contract Renewal with Center for Employment Training for Vocational Training The Board accepted the Social Services Board recommendation and renewed the contract with the Center for Employment and Training. r. Contract Renewals with School Systems for Adolescent Parenting Services The Board accepted the Social Services Board recommendation and approved the contract renewals with the two school systems to provide specialized services to pregnant and parenting teens. s. Contract Renewal with Northen Blue for DSS Legal Services The Board accepted the Social Services Board recommendation and approved the contract renewal far legal representation with Northern Blue, LLP, for fiscal year 2004-2005, subject to final review by staff and the County Attorney. t. Renewal of Contract for Curbside Recycling The Board approved the renewal of the curbside recycling contract with Waste Industries, Inc. and authorized the Chair to sign the contract subject to final review by staff and the County Attorney. u. Renewal of Voluntary Agricultural District -Carl and Elizabeth Walters The Board approved the renewal of the voluntary agricultural district for the Carl and Elizabeth Walters and Victor Walters farms. v. Efland Cheeks Park (Phase 111 Liahtina Plan The Board authorized the staff to contract for a lighting plan of the field and walking track lighting as the initial part of construction of Phase II of Efland-Cheeks Park over the summer. w. General Assembly Establishment of the Orange-Chatham Boundary Line This item was removed and placed at the end of the consent agenda far separate consideration. x. Home and Community Care Block Grant for Older Adults -Funding FY 2004- 2005 The Board approved the 2004-2005 Home and Community Care Black Grant Funding Plan in the amount of $427,956 and authorized the Chair to sign grant documents. ~ Surplus Disposal 2004 The Board declared items as surplus (including three vehicles for the Wheels far Work Program}; authorized the transfer of three vehicles to the Wheels for Work Program; and approved recycling the metal dumpsters as scrap; and approved the continued reallocation of certain surplus personal computers to non-profit organizations meeting the criteria as set out in the abstract; and adopted the resolution, which is incorporated by reference, authorizing the Director of Purchasing and Central Services to conduct an auction to dispose of the items on Saturday, July 31, 2004. z. Aaproval of Orange County's Three-Year Solid Waste Plan Update- DEFERRED The Board was to consider adopting a resolution that provides formal approval of the three-year update of Orange County's Solid Waste Management Plan for submission to the State of North Carolina. DEFERRED VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Establish Permanent Part Time Librarian Position for the Cybrary located in the Carrboro Century Center The Board considered establishing a permanent part time {30 hours) Librarian position to staff the Cybrary in the Carrboro Century Center. Commissioner Gordon said that she thought this was part of the budget process. The agenda abstract says that this was already approved. She thought it was referred back to the task force. Chair Jacobs said that the minutes say, "and to direct staff to apply funds already designated for the operation of the Cybrary." This includes money for the position to staff the Cybrary. Commissioner Gordan said that she asked that all positions be listed. She asked that, in the future, that it be made overt when they are approving a position, because she thought this had yet to be approved. She does not think the discussion covered this. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve establishing the permanent part-time {30 hours) Librarian position effective June 8, 2004 to staff the Cybrary. VOTE: UNANIMOUS w. General Assembly Establishment of the Orange-Chatham Boundary Line The Board considered approving a resolution requesting that the North Carolina General Assembly establish the boundary line between Orange County and Chatham County. Geof Gledhill said that the description of the boundary on page 3 has a typographical error. This change was noted by the staff. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign a resolution requesting that the North Carolina General Assembly establish the boundary line between Orange County and Chatham County, with the correction as made by Geof Gledhill. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Lightning Safety Awareness Week The Board considered designating the week of June 20t" through 26t", 2004 as Lightning Safety Awareness Week in Orange County and encouraging residents to learn more about lightning safety. Emergency Management Specialist Eric Griffin said that lightning killed six North Carolinians last year, one of which was from Orange County. They have secured a $1,000 grant from the North Carolina Chapter of the American Trauma Society to run radio ads on radio station 96.9 FM. The commercials will be in Spanish and will be about lightning safety on the job and tornado safety related to mobile homes. This was done in conjunction with the Immigrant Emergency Communication Committee. They have also secured a grant to pay for the posters to be given out to agencies in the County. The topic is lightning and tornado safety. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to designate the week of June 20t" through 26t", 2004 as Lightning Safety Awareness Week in Orange County and encourage residents to learn mare about lightning safety, and to authorize the Chair to sign the proclamation as stated below: A PROCLAMATION LIGHTNING SAFETY AWARENESS WEEK June 20th through 26th, 2004 WHEREAS, The National Weather Service has proclaimed the week of June 20 through 26, 2004 as Lightning Safety Awareness Week; and WHEREAS, Orange County frequently experiences electrical storms during the summer months when outdoor activities are popular; and WHEREAS, Lightning kills an average of 73 people in the United States each year; and WHEREAS, Lightning killed at least six North Carolinians in 2003, including one individual in Orange County; and, WHEREAS, The most dangerous place for people and pets is to be outside during a lightning storm; and WHEREAS, The need for residents to learn mare about lightning and haw to protect themselves should be emphasized; NOW THEREFORE, The Orange County Board of Commissioners hereby proclaims the week of June 20 through 26, 2004, as Lightning Safety Awareness Week, and encourages all residents to learn more about lightning and be aware of its dangers, especially during the summer months. Adopted this 8th day of June, 2004. VOTE: UNANIMOUS b. Amateur Radio Week The Board considered adopting a proclamation recognizing the week of June 20 through 27, 2004, as Amateur Radio Week in Orange County and authorizing the Chair to sign. Eric Griffin said that Amateur Radios provide critical emergency communication between the emergency operation center and emergency shelters. This is provided free of charge. A motion was made by Commissioner Brown seconded by Commissioner Carey to proclaim the week of June 20 through 27, 2004, as Amateur Radio Week in Orange County and authorize the Chair to sign the proclamation as stated below: AMATEUR RADIO WEEK A PROCLAMATION WHEREAS, the State of North Carolina has more than 21,000 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications: and WHEREAS, these Amateur Radio operators donate these services free of charge to the residents of North Carolina and the world; and WHEREAS, these Amateur Radio operators are on alert for any emergency, local or world- wide, and practice their communication skills during the Field Day exercise of the American Radio Relay League, Inc.; and WHEREAS, this year's Amateur Radio Field Day will take place June 26-27, 2004; and WHEREAS, Michael F. Easley, Governor of North Carolina, has proclaimed the week of June 20-27, 2004, as Amateur Radio Week in North Carolina; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim the week of June 20-27, 2004, as "Amateur Radio Week" in Orange County, North Carolina, in honor and recognition of Orange County Radia Amateurs and the important contribution they make to the safety and well being of Orange County residents. Adopted this 8th day of June 2004. VOTE: UNANIMOUS c. Next Steps Required for Approved Debt Issuance The Board considered the required actions necessary to facilitate the issuance of debt this summer in accordance with the debt issuance schedule presented to the Board on May 5, 2004; and establishing a Public Hearing on June 23, 2004 and authorizing the Finance Director and other staff to proceed as indicated within the resolutions. Finance Director Ken Chavious said that they are asking the Board to approve the next required steps for the proposed issuance of $4.2 million in 213 net debt reduction bonds as well as the issuance of approximately $15 million in certificates of participation {COPS). This is in accordance with the debt issuance schedule endorsed by the Board on May 5`". In addition, the County plans to issue $19.7 million in bonds approved by the voters in November 2001. Total debt to be issued will be about $39.7 million. One of the statutory requirements for this item is to introduce the two band orders for the $4.2 million proposed -one is for public facilities for $3.9 million and another is for Lands Legacy at $300,000. After introducing the band orders, the Board is required to hold a public hearing prior to adopting the bond orders. The Baard is being asked to hold the public hearing at the June 23`d regular meeting. The Board also needs to adapt a reimbursement resolution that will allow the County to reimburse itself once funds are received for projects that must begin before closing. Finally, the Board is being asked to adopt a resolution authorizing staff to pursue the COPS financing. This debt falls within the parameters set forth in the County's debt policy. Commissioner Gordon asked several clarifying questions about the status of the County's debt capacity, which were answered by Ken Chavious. Commissioner Gordon said that this is helpful, but she wanted more elaborate charts with bar graphs that he showed a few months ago that explained the debt capacity in mare detail. Ken Chavious said that Donna Dean is working on this to bring back at a future work session. Commissioner Gordon said that she would like this information well before the next time this issue is to be discussed. Commissioner Gordon said that June 23~d is the last meeting and it is late to have the public hearing. Ken Chavious said that it was originally scheduled for a work session, but staff felt that it was not appropriate to have a public hearing at a work session. He said that it could not be much earlier than the 17t" meeting because of the advertising requirements. Bob Jessup said that they would need to decide it tonight or tomorrow morning because of advertisements. The Board agreed to leave the public hearing on June 23'd A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to introduce the Bond Order and establish a public hearing on June 23, 2004, adopt the required resolutions, which are incorporated herein by reference, and authorize the Finance Director and other staff to proceed as indicated within the resolutions. VOTE: UNANIMOUS d. Resolution Providing Comments Regarding Proposed Changes to the Durham- Chapel Hill-Carrboro Metropolitan Planning Organization Metropolitan Area Boundary The Board considered adopting a resolution providing comment to the Transportation Advisory Committee (TAC) of the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization (MPO) regarding expansion of the DCHC MPO Metropolitan Area Boundary (MAB). Karen Lincoln, from the Planning Department, summarized the information in the agenda abstract. She said that MPOs are required to review their boundaries every ten years after the census, to determine if they need to be adjusted to include urbanized areas. At a minimum, the boundary should include all the urbanized areas and any adjacent areas determined to become urbanized within the next 2Q years. Recently, the TAC expanded the urbanized area boundary to include the newly urbanized areas from the census. The census defines an urbanized area as zones that contain 1,000 persons per square mile. At the May 12th TAC meeting, the committee proposed four options to expand the metropolitan area boundary. The options are on page five of the agenda abstract. If all of Orange County were to became part of the MPO, it would lose its position and seat on the Rural Planning Organization, which deals with rural transportation issues. The resolution states that Orange County is opposed to any expansion of the MPO boundary. This was not one of the options proposed by the TAC. Chair Jacobs said that he supports the resolution. Commissioner Gordon said that the main question is whether to just forward the resolution ar to include the Planning Department comments. Karen Lincoln said that the comments have already been given to the TAC. A motion was made by Chair Jacobs, seconded by Commissioner Brawn to approve and authorize the Chair to sign the resolution as stated below, with the Planning Department comments, along with changes to be consistent with the resolution. A RESOLUTION PROVIDING COMMENT TO THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION ADVISORY COMMITTEE REGARDING EXPANSION OF THE METROPOLITAN AREA BOUNDARY WHEREAS, Orange County participates as a voting member of the Durham-Chapel Hill- Carrboro Metropolitan Planning Organization (DCHC) and is dedicated to continuing, cooperative and comprehensive transportation planning; and WHEREAS, Orange County recognizes that the County is affected by urban policies and influence, and has participated over the last 25 years in many jointlcooperative planning initiatives with various municipalities; and WHEREAS, the DCHC Transportation Advisory Committee (TAC}, in January 2003, expanded the DCHC Urbanized Area Boundary (UAB) that is used to define the urban-rural boundary for functional classification of roadways and data gathering; and WHEREAS, the UAB is completely within the existing Metropolitan Area Boundary (MAB); and WHEREAS, Orange County is strongly committed to intergovernmental planning and coordination; and WHEREAS, Orange County strives to maintain the integrity of its rural areas as evidenced by its land use plan and development policies; and WHEREAS, Orange County participates as a member in the Triangle Area Rural Planning Organization (RPO}, and believes that an RPO perspective in transportation planning is more attuned to maintaining the integrity of the rural areas; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that Orange County is opposed to any expansion of the Metropolitan Area Boundary. This, the 8t" day of June 2004. VOTE: UNANIMOUS e. A Resolution Establishing the Intent of Durham County, Durham City, and Orange County to Cooperate With Regard to Planning Issues in Certain Defined Areas The Board considered a resolution establishing the intent of Durham County, Durham City and Orange County to cooperate with regard to planning issues in certain defined areas, and to discuss plans for courtesy review of the Draft Durham City-County Comprehensive Plan. Craig Benedict summarized this information. There are two issues for this item. One issue is the courtesy review planning agreement with Durham that they have been working on far over two years, and the second issue is the process that Durham CitylCounty Planning is going through to update their comprehensive plan. The resolution starts the courtesy review agreement showing the shared areas. He made reference to some of the elements of the comprehensive plan that may relate to Orange County. The staffs have been in dialogue about the comprehensive plan. He accented a few areas for comments that need to be sent to Durham during this informal process: ^ Small area plans ^ Public transit -how to further the regional transportation issues between Durham and Orange County ^ Water resource protection ^ Transfer of development rights ^ Open space corridor plan ^ Economic development ^ Air quality programs Commissioner Gordon asked about the exact area because in the packet there is just the red-outlined area. Craig Benedict said that this was correct and that it is limited to the County's EDD area. Commissioner Gordon still did not understand what the Board was supposed to do with the comprehensive plan. Craig Benedict said that any issues within the existing plan that could have impacts or concerns far Orange County (such as those listed above), the County could make comments on. Chair Jacobs asked about Durham approving a drug company manufacturing plant in one of the watershed areas in Durham County and Craig Benedict said yes, with some State funding. Chair Jacobs said that Orange County is always trying to protect Durham's watershed areas. He said that urban areas whose watersheds are protected by other entities should help to pay for the loss of use of the property of those who are protecting their water supply. He said that this does not seem to be part of this proposal. He suggested adding a comment that the Board would like to see some discussion about haw Durham proposes to help compensate Orange County property owners for protecting its water supply, when Durham does not seem committed to protecting the water supply of others. Chair Jacobs asked if there was a timeframe with the courtesy review agreement to get notice. There is a timeframe with the Hillsborough courtesy review agreement. Craig Benedict said that it varies between different development proposals. It is lengthier than Hillsborough's. Chair Jacobs recommended a minimal 45-day notice and Craig Benedict said that he would add this to the resolution of agreement. Chair Jacobs said that he would like to see the Planning Board have an opportunity to comment also. He asked Craig Benedict to incorporate the items he brought up in an amended resolution. Craig Benedict said that the comprehensive plan does have a deadline far comments of June 16tH Commissioner Gordon suggested approving the resolution, with the stipulation that the Chair will work with the Planning Director to incorporate the comments of the Board for the comprehensive plan, but the courtesy review process will come back as a consent agenda item. Commissioner Halkiotis asked for someone to go through the County Commissioners' archives of the Manager's files. The Board sent a letter to Durham regarding the compensation issue. He does not think there was a response. He thinks this letter should incorporate this latest proposal. Commissioner Brown asked how Orange County's ordinances differ from Durham's. Craig Benedict said that the staff would work on getting this information. Craig Benedict pointed out that Durham projects a demand for 167,000 units by 2030. Commissioner Gordon said that Durham is not giving Orange County enough time to comment on the comprehensive plan. She asked that it be communicated to Durham that they really need more time. A motion was made by Chair Jacobs, seconded by Commissioner Carey to forward comments to Durham City and County regarding their comprehensive plan that would include the possible compensation for watershed protection accompanied by the Board's previous resolution on that subject; and that the resolution on page 3 (with changes for a minimum time period} regarding the courtesy review agreement be brought back on a consent agenda. Commissioner Gordon suggested adding the comment about having more time for review of the comprehensive plan. The Board agreed. VOTE: UNANIMOUS 7. Special Presentations a. Fairview Park Report The Board considered a series of maps showing existing, proposed, and potential uses of the properties belonging to Orange County and the Town of Hillsborough in the Fairview Park, Orange County Public Works vicinity and direct County staff as to how the Board wishes the staff to proceed. Chair Jacobs pointed out the revised map. He recognized Mayor Phelps and members of the Fairview community. John Link emphasized that this presentation is representative of staff discussion between Orange County and Hillsborough. They fully recognize that the County Commissioners' and the Town Board's suggestions will ultimately determine the final map. He said that alternative 3 is actually iteration 3 and is the best combination of uses, according to staff, between the County and the Town. County Engineer Paul Thames said that the revised map has changed very little from the map in the packet. It only clarifies some issues about the portion of Hillsborough's proposed Public Works site. It also shows three 10,000 square foot footprints located on the site to give a sense of scale. He described the map in detail. He said that they tried to keep active recreation off of the active landfill sites. Chair Jacobs said that he spoke to residents at Fairview a couple of weeks ago and this community has waited for 20 years. He said that if this had been in Chapel Hill and if this had not been an African American community, it would not have taken 20 years. Commissioner Gordon asked about the exchange of land between Orange County and Hillsborough, and Paul Thames explained this. Commissioner Halkiotis asked about a cost estimate on what it would take to remove the trash, especially the white goods. Paul Thames said that he looked at potential costs for reclaiming the entire landfill, which included this. The best estimate for the whole park is $1.~ million. About $100,000 would be involved in hand removing the white goods. Commissioner Halkiotis said that he would like to see the Town and County combining resources to come up with a plan. He likes the staff's proposal for the three footprints for the 10,000 square foot buildings. These are needed. He also feels good about the proposed land swap. He thinks this is a win-win situation. Commissioner Brown asked how the whole piece of property would benefit the neighborhood. John Link said that there would be an acceptable ball field and trails. He deferred to Dave Stancil. Dave Stancil said that the next step is to turn this map into a preliminary concept plan for the park and do the design work. The low impact recreation areas could accommodate trails. Commissioner Brown asked if the $100,000 for cleaning up the white goods would be part of the proposal. Paul Thames said that they have not started discussing remediation yet. Someone asked him to generate a remediation cost, so that's why he knew the cost. Commissioner Carey asked if there was anything buried in the white goods section and Paul Thames said no, that the landfill operations were confined to the clear areas. Commissioner Carey said that this should be moved to the next phase of working on the concept plan. Chair Jacobs asked when the community would be involved in the planning process after the concept plan. Dave Stancil said that a year ago there was a draft MOU between the Town and County that spelled out how the design would work. This will need to be reviewed by bath boards and adopted. Once this and the concept plan are finished, then the community could be engaged. Discussion ensued about the amount of active recreation. Chair Jacobs asked if there would be room for basketball courts in addition to the field. Dave Stancil said that there might be same other opportunities in the land swap area. Recreation and Parks Director Lori Taft said that there are opportunities far basketball facilities because they are not too large. She is optimistic that there could be something more than just a ball field. Chair Jacobs made reference to a buffer between Public Works and the community for noise and disruption. He asked if 50 feet would be sufficient. Dave Stancil said that they do not know if this will be sufficient yet. Chair Jacobs said that they did talk about remediation in the meetings and the Mayor suggested that at some point it might cost more to remediate the property than it would cost to buy another piece of property that could serve this area a lot better and more effectively. Commissioner Gordon asked about the access to the property for active recreation. She asked whether it would be possible to have the field right behind the houses and then Hillsborough's Public Works site beside Orange County's. Paul Thames said that the yellow part of the County property has a slope of 5-7%. This would be expensive construction for a field because of the slope. Hillsborough was going to use most of the area for parking. Commissioner Brown asked about the landfill area and Paul Thames said that there are basically 12 acres of active landfill area. He described the cost of remediation. He said that it does not seem economically feasible to remediate all of the landfill area. There are also high levels of background arsenic. Commissioner Halkiotis said that the experience in Efland with outdoor basketball courts proved positive. The community is enjoying them and it is a wonderful recreation outlook. He encouraged the staff to find space for outdoor basketball courts for evening play in Fairview. Commissioner Halkiotis said that he and Commissioner Brown looked at other sites with Paul Thames and they found that a 50-foot buffer was not enough. He said that they need to look at this realistically and be sensitive because Public Works operations are noisy. He commended Commissioner Lowen for raising this issue. PUBLIC COMMENT: Mrs. Alice Currie said that the things that the community wanted to say have been touched on a little. They want to know some things tonight. They did not really ask for a substation, and that was the first thing that went up. She said that they want to knave why they did not get some of the things that they asked for first when they got the survey. She thanked the ones that came out to talk to the community -Commissioner Gordon, Commissioner Carey, Chair Jacobs, Hillsborough Town Board members Evelyn Lloyd and Brian Lowen, and Mayor Phelps. Chair Jacobs asked about the survey, and Mrs. Currie said that it was a survey about things that they wanted an the ground before the substation was built. Chair Jacobs said that they would have staff get an answer to this. Commissioner Carey said that the residents from Fairview were suspicious that funding for this park had been spent elsewhere and he assured them that the money had not been used anywhere else. Mrs. Currie said that she has that letter that Commissioner Carey wrote to her. Francis McAdams-Jones has been a resident of Hillsborough for 59 years. She was on the committee that first got the grant for Northern Fairview. She said that the reason they have been so suspicious is because they have been mistreated and used to get grant money that has fallen through. She said that money has been taken from their community and used in other areas. She knows this because she has been on the committee. She said that they have been waiting for this far 20 years. She said that they have been used and misused and she does not appreciate it because they pay taxes just like everybody else in the County. She said that millions can be spent on soccer fields in Chapel Hill, but when it comes to Northern Fairview, they get nothing. She would appreciate it if they would get the same courtesy and respect as the northern part of the County. She said that the only way they got this going now is because of the pressure and that they have been in an uproar. They will continue to put pressure on the County and the Town far this park. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to direct staff to develop apre-concept plan along the general lines presented an alternative 3; to develop an agreement between the Town and the County on the land swap (subject to final review by the attorneys}; to ask for review of the adequacy of the 50 foot buffer; and to come back with an implementation plan that includes when the public participation commences in the review and design of the park plan. VOTE: UNANIMOUS 8. Public Hearings a. Public Hearing on Establishing the Orange-Person-Chatham Local Management Entity fLME) The Board received public comment on entering into an Interlocal Cooperation Agreement {ICA) to form athree-county public entity to serve as the Local Management Entity (LME) far ensuring mental health, developmental disability, and substance abuse services {MH/DD/SA} in the Orange, Person, and Chatham counties catchment area. Assistant County Manager Gwen Harvey introduced this item. OPC Director Tom Maynard said that the Board is aware of the background for this agreement. The State has required that they go through mental health reform and each county was required to submit a business plan. The State plan has been revised four times, but what has not changed are the requirements for how to conduct business. The steering committee has recommended that their governance structure change. The statutory authority for the new organization will now flow from the Boards of County Commissioners and not the State. The chief difference is that the County Commissioners will directly administer the program. The area board will become an advisory board. They are the only one in the State to choose this particular method. The plan is that the new structure will come into being on or about July 1, 2004. Person County has already approved the agreement and Chatham County is taking it up shortly. The OPC Area Authority will be dissolved over time. Commissioner Brown commended Tom Maynard for an excellent job. She supports the establishment of this new management. Commissioner Halkiotis verified that full implementation of privatizing will happen by June 30, 2000 and there is still no financing plan from the State. Tom Maynard said that there is clarification on haw the LME will be funded -directly by State and Federal monies. They da not yet have rates and service definitions. John Link said that as they face each of these issues in the next two years about how to divest functions and how they fund a particular service, what will be totally different is that both the County Commissioners and County Manager will for the first time have direct dialogue and impact to the State bureaucracy for mental health. This has never occurred before. Commissioner Halkiotis said that keeping clinics open means paying staff and keeping a level of service that they have been proud of in the past. He does not have much faith in the State bureaucracy. He asked if there should be a safety net in case something happens. He supports the plan. Chair Jacobs said that there was discussion earlier about the State trying to requisition $1.2 million from OPC and he asked what happened to this. Tom Maynard said that their attorneys have prepared a response on this. They believe that the State has double subtracted the Medicaid income. The biggest problem is that their funding levels have been increased but the State has made it harder for OPC to capture the money. This has had a severe impact on the cash flow. Chair Jacobs asked for Tom Maynard to share a copy of this letter from the attorneys with the Board. PUBLIC COMMENT: NONE Commissioner Brawn agreed with Commissioner Halkiotis an having some type of safety net. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to close the public hearing, schedule the Interlocal Cooperation Agreement for decision at the meeting an June 23rd, and include a safety net to be available for mental health. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Approval of Contracts with Veterinarians to Provide SpaylNeuter Surgery Services to the Orange County Animal Shelter The Board considered approving contracts with two area veterinarians to perform spay/neuter surgeries for animals adopted from the Orange County Animal Shelter, effective July 1, 2004. John Link said that on May 20t" the Board authorized staff to proceed with the actions necessary for a smooth transition for Orange County to assume responsibility for operating the animal shelter effective July 1St. One of the last pieces is to secure contracts with area veterinarians to assure a good spay/neuter program. There are two veterinarians recommended; two separate contracts, which will cover the necessary services for next year. Assistant County Manager Gwen Harvey said that there was a team that was involved in coming up with solicitation letters for area veterinarians. The recommendation involves two veterinarians, Dr. Marat Dubrovsky and Dr. Soren David Windram. This will be for aone-year trial period. Commissioner Gordon made reference to the rates on page two and asked why they were different. Gwen Harvey said that these are quotes, and they believe that this is the best arrangement, despite the price differential, because Dr. Dubrovsky would not be available to do five days because of his obligations associated with the new shelter for APS and the low-cost spay/neuter program. He is interested in diversifying his practice beyond APS and Orange County. Dr. Windrum is only available for two or three days a week. The costs will be monitored as they occur. Chair Jacobs verified that this is an estimated top cost that was less than what another entity quoted. PUBLIC COMMENT: Elliot Cramer said that his estimate of spay/neuter is an average of $76 per animal. He is very pleased with the proposal from Soren Windram. He is very highly regarded and has strong animal welfare interests. With regard to Dr. Dubrovsky, evidently APS has backed off from the demand of $264,000 a year that Ann Peterson presented to the BOCC. At the April 20tH meeting of the BOCC, Ann Peterson (speaking for APS) demanded this in order for APS to provide veterinarian services to the County beginning July 1St. This demand was rejected by the County. Both Pat Sanford and he told Ann Peterson that her figures were grossly incorrect. Ann Peterson insisted that she had obtained these figures from Suzy Cooke and that they were correct. He said that this proposal could not have come to the County without the approval of APS since Dr. Dubrovsky has an employment contract with APS at a salary (as of July 18, 2002) of $52,000 per year. He leases his building for $1 per year, conditional on his maintaining that contract. The lease terminates upon the termination of his employment contract. He said that obviously Dr. Dubrovsky cannot enter into a contract with the County without the approval of APS. He said that the HSUS evaluation of APS veterinarian services were hardly glowing, and he believes the County needs the strong oversight that John Link is proposing. He hopes that by this time next year, the County will have its own mobile spaytneuter facility, since it will be much mare cost effective for the County to hire its own veterinarian on an hourly basis. He mentioned a few comments from the HSUS report. He trusts that the practices are changing under Joe Pulcinella. He urged the Board to accept the Manager's recommendation. Chair Jacobs said that the Board got an email today from Pat Sanford that there are two different forms of spaying and they should be sure to approve the right one. John Link said that he received the same email, and he will make sure staff knows about this. A motion was made Commissioner Carey, seconded by Commissioner Halkiotis to accept the Manager's recommendation, which is: A. approve a contract with Dr. Marat Dubrovsky, dlbla Nicks Road Veterinary Clinic for spaylneuter services for the Orange County Animal Shelter. B. approve a contract with Dr. Soren David Windram, dlbla New Hope Animal Hospital for spaylneuter services for the Orange County Animal Shelter. C. authorize the Chair to sign the contracts with Drs. Dubravsky and Windram following final review by the County Attorney and County Manager. VOTE: UNANIMOUS b. Proposed Waste Reduction, Reuse, and Recycling Fee The Board was to consider approving a proposal to implement for FY 2-4-05 a tiered Waste Reduction, Reuse, and Recycling Fee {3R Fee) to be assessed on all improved Orange County property to finance recycling and waste reduction serviceslprograms. DEFERRED c. Parks Operations Base The Board was to consider options for space to be used as a parks operations base and approve a 12-month lease with JCBH Properties, LLC for approximately 4,000 square feet of interior space and 3,500 square feet of exterior storage area at 503 Cornerstone Court, Hillsborough per the terms and conditions herein cited; and authorize the Chair to sign. DEFERRED d. Appointments (1) Hillsborough Planning Board -One Appointment The Board was to consider one appointment to the Hillsborough Planning Board. DEFERRED (2} Advisorv Board on Aging -One New Appointment The Board was to consider one appointment to the Advisory Board an Aging. DEFERRED (3) Orange CountylTown of Hillsborough Urban Transition Area Task Force The Board was to consider appointments to the Orange CountylTown of Hillsborough Urban Transition Area Task Farce. DEFERRED 10. Reports- NONE 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to adjourn the meeting at 10:40 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board