HomeMy WebLinkAboutMinutes - 20040921APPROVED 1011912004 MINUTES
BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
SEPTEMBER 21, 2004
?:SO p.m.
The Orange County Board of Commissioners met for regular meeting on Tuesday, September
21, 2004 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Alice M. Gordon, Stephen Halkiotis
COUNTY COMMISSIONERS ABSENT: Commissioner Margaret Brown
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser, and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
1. Additions or Chanaes to the Aaenda
Chair Jacobs said that Commissioner Carey is in route and Commissioner Brown is out
of town.
Chair Jacobs said that the pink sheet is additional information for the Economic
Development Commission appointments, item 9-e9.
The purple newspaper article relates to item 9-a. He is proposing to move item 10 to
item 9-a1 to keep the school items together. This item addresses the parameters far a possible
school efficiency study. Item 9-a is the proposal for the plans for the third high school in the
Chapel Hill-Carrboro City Schaal system.
Chair Jacobs said that there is a rumor that the Board will be discussing merger tonight,
but they will not.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Rick Kennedy spoke about school collaboration and said that, to him, there is a fine
distinction between collaboration and collusion. He said that it comes down to the motivation of
the people involved. He is concerned that there is more collusion -trying to keep things the
way they are. He gave some examples of important ways to collaborate that he thinks should
be addressed:
• College fairs -there is a difference between the college fairs far CHCCS and OCS and
he suggested having one college fair instead of two, which would pull in mare schools.
• Scheduling and spring breaks -some parents work in Chapel Hill but their children go
to Orange County Schools. There is a problem with taking breaks together. He
suggested collaboration with the schedules.
• Per pupil funding - if one system is over in terms of students and one is under, at this
time the students who need the funding do not get it. If there was collaboration, the
funds could be flipped and the students that need the services get them.
Bobby Clapp has three children in the Chapel Hill-Carrbaro school system. He pointed
out that many in the public have paranoia about collusion with respect to the "m" ward. He
thinks that many people want to make sure that responsibility and control should be left to the
administrators and boards of the two school systems. He argued that the charge of collusion at
the school system ar board level was not correct. He said that the vast majority of people want
collaboration, but want to make sure there is a sound school system that is reflective of the
respective communities.
b. Matters an the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.}
3. Board Comments
Commissioner Halkiotis said that since he lives in the woods, he wants to know what the
rumor about merger was. Chair Jacobs said that the Clerk received a call from a reporter, who
apparently had looked at the wrong year on a website. Chair Jacobs also received a call from a
Daily Tarheel reporter today to ask about the discussion about merging the two school systems
tonight.
Commissioner Halkiotis said that a lot more people are going down NC 86 because of
Hampton Pointe, and they are noticing strange behaviors, especially at the Esquire Health Club.
He has spoken with several people and has received email from people who feel that
prostitution is being run legally out of this establishment. This person claimed that while she
was getting gas at the BP station across the street, she has seen women standing outside with
their "nighties" on. He would like to address this. He would like the Manager, County Attorney,
and Sheriff to bring back a full report an how this operation can function and why this is legal.
He would like to know how many of these places are in North Carolina and what can be done.
Commissioner Halkiotis would also like an update of the I-85 widening that will take
place. He asked if the health club would go if the overpass needs to be expanded. He said that
something would have to go -either the BP station or the health club. He would like to go on
record to say that the health club should go and the gas station should be left. He said that he
and Chair Jacobs spent a lot of time trying to get the overpass widened with the development of
Hampton Pointe and he is afraid that now the taxpayers are going to have to pay for it under the
umbrella of the interstate widening.
Commissioner Halkiotis suggested that at the next meeting with DOT that they bring up
the pedestrian and bikeways over Orange Grove Road at I-40.
Commissioner Halkiotis reported that, to DOT's credit, they have set up two
opportunities for citizens to be informed about bridge replacements on St. Mary's Road and
Lawrence Road on September 27th from 4:30-6:30 at the C. W. Stanford Middle School media
center and September 23~d from 4:00-7:00 p.m. in the Cameron Park Elementary School Library
regarding the Elizabeth Brady Road extension. He thanked DOT publicly.
Commissioner Carey arrived at 7:50 p.m.
Commissioner Gordon said that she went to the League of Women Voters general
meeting and a woman told her that she had called the County in reference to the 3R-recycling
fee and the information she got back was that Orange County had been very successful in
recycling, so therefore we must now charge a fee. She said that the woman felt like they were
being punished for recycling. The woman suggested developing a sheet that explains how
recycling saves landfill space and postpones the time that a transfer station should be built.
Also, that the reason a fee has to be charged is that recycling does not pay for itself because
the markets do not afford the return we would like. The woman said that this made more sense
to her. She urged anyone that answers questions about this to explain it in this way.
Commissioner Gordon said that the Long Range Transportation Plan would be
discussed tomorrow at the Transportation Advisory Committee meeting. She said that Chair
Jacobs asked for a change in the bicycle plan and they agreed to it. She wants to know if
anything officially came from Orange County to the TAC. She asked for someone to get the
information quickly to Karen Lincoln, who will be at the meeting.
Commissioner Gordon said that a couple of meetings ago she asked about County
contracts with businesses owned by women and minorities. She would like a report on the
completion date or at least a draft on a policy for dealing with these. John Link said that the
staff would have it back in several weeks.
Purchasing and Central Services Director Pam Jones said that they would get
information back in October.
Commissioner Carey - no comments.
Chair Jacobs said that an September 23rd the County would start joint planning
meetings with the Town of Hillsborough, which comes after the Key Volunteer Awards event at
the senior center in Chapel Hill.
Chair Jacobs said that the County Commissioners got information about the problems
with the noise ordinance. There is a citizen that has had a persistent problem with a go-cart
track on adjoining property that was not satisfactorily adjudicated through the Board of
Adjustment. There was a discussion last spring about reviewing the noise ordinance. He said
that Craig Benedict responded to this and it might go forward to the November Quarterly Public
Hearing. He said that the County seems to have anon-functional noise ordinance.
John Link recommended that the Sheriff be involved in this because of enforcement.
Chair Jacobs asked Economic Development Director Dianne Reid to come forward
since there was a request at the last meeting for updates on the economic activity going on
around Hillsborough.
Dianne Reid made reference to the old Wal-Mart and said that there have been
improvements to the parking lot and the lighting. As far as she knows, there has only been one
store that has done anything, and they have applied for a demolition permit and will be taking
10,000 square feet of space in the shopping center. She has heard at least eight definitive
rumors, but as of today, no one has signed a lease for the space. It is her understanding that it
will be subdivided.
Regarding the truck stop on NC 86, the truck stop is not functioning, and there is a
small garage and car wash. The owners of the property are hoping to do a master plan to
redevelop the entire 40+ acre site, once issues are resolved with the operator of the truck stop.
Regarding Hampton Pointe, the developer has announced that they have signed a
lease with Home Depot, but no plans have been sent to the Town of Hillsborough as of today.
Regarding Waterstone, there are no major retail tenants signed yet. The Durham Tech
project is proceeding and the State board will be voting on it at the next meeting.
Regarding the State Employees Credit Union, the expansion of this is not going
forward. The decision was made after bids were received at the State level. The State office
decided that it was too expensive. They still own the property and have demolished the house
that was there. There are no plans to proceed with the expansion as of now.
Dianne Reid made reference to the Bellevue Mill, which is the old mill in west
Hillsborough, and is now on the national register and plans are proceeding to redevelop this
with townhouses and possibly retail mixed-use. The Hillsborough Owners Group, which owns
the property, has applied to add 12,000 square feet of warehouse space for Southern Season.
Kerr Drug has announced plans to redevelop the closed Lowe's Food and the existing
store as one of the large super drug stores. Also, Auto-Zone has submitted plans to replace the
old Burger King, with a 7,000-square foot auto parts store.
In the Mebane area of Orange County, Kingsdown purchased the old Royal Home
Fashion warehouse, and will be manufacturing all of their mattresses there. The inside is really
nice and they are working to renovate the exterior also. This business is an ESOP (Employees
Stock Option Plan), so the employees actually own the business. They are maintaining the
existing facility in the Town of Mebane.
Dianne Reid said that tomorrow the Courtyard by Marriott opens near the Friday Center
in Chapel Hill.
Commissioner Halkiotis thanked Dianne Reid for this report. He suggested having her
back every couple of months just to keep the Board posted on what is going on. He suggested
inviting representatives from Kingsdown to a future Board of County Commissioners meeting
and recognize them for what they are doing.
4. County Manager's Report
John Link recognized the Solid Waste Department for their Beth Brawn Bettner Award.
He particularly recognized Coordinator of Education and Outreach for Solid Waste Muriel
Williman and Solid Waste Planner Blair Pollack. The award was specifically recognizing Muriel
and Blair. On August 30t" at the National Congress, the National Recycling Coalition awarded
Orange County with the Beth Brown Bettner Award for outstanding public education recycling
program in the United States. He quoted the chair of the committee as follows: "The judges
reviewed a number of excellent programs from around the nation, but they agreed that Orange
County's program was outstanding. We particularly recognize that the County had undertaken
a wide range of activities, with focus on really engaging citizens, and we believe this made the
program a model for the counties around the country."
John Link said that he knows that the department will take the challenge from
Commissioner Gordon about the continuing efforts of educating citizens an the recycling fee.
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes as submitted by the Clerk to the Board for the Budget Work
Sessions on June 15 and 17.
b. Appointments
(1 } Hillsborough Board of Adjustment -One Reappointment
The Board reappointed Mr. William Crowther to the Hillsborough Board of Adjustment to a
second full term ending September 30, 2007.
c. Motor Vehicle Property Tax ReleaselRefunds
The Board adopted a refund resolution, which is incorporated by reference, related to 106
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Benefits for Domestic Partners -Implementation and Personnel Ordinance
Revisions
This item was removed and placed at the end of the consent agenda for separate consideration.
e. Emplovee Dental Insurance far 2005
The Board confirmed the continuation of the County's dental insurance rates for 2005 with no
increase and authorized renewal with Delta Dental as the County's dental insurance plan
administrator effective January 1, 2005 and authorized the Personnel Director to renew the
agreement.
f. Emplovee Life Insurance for 2005
The Board approved the new life and dependent life insurance rates as shown under the "2005
Life Insurance Rates" effective January 1, 2005.
g_ Software Acquisition for Public Internet Access to Register of Deeds Records
The Board approved contracting with AmCad for a new Internet module providing remote public
electronic access to information maintained by the Register of Deeds office, subject to final
review by staff and the County Attorney, at a cost not to exceed $10,000; and authorized the
Chair to sign the contract.
h. Performance Agreement for Housing Rehabilitation Administrative Services
The Board approved the execution of a Performance Agreement with the Tawn of Chapel Hill to
provide administrative services far a Housing Rehabilitation Program funded by the Town and
authorized the Manager to sign the document.
i. Bid Award: Standby Generators far Government Services Center and Southern
Human Services Center
The Board awarded a bid to Cummins Atlantic of Greensboro, North Carolina in the amount of
$133,000.00 far providing and installing generators and automatic transfer switches at the
Government Services Center and the Southern Human Services Center; and authorized the
Purchasing Director to execute the necessary paperwork.
L Bid Award: Skid Steer Loader for Oranae County Recyclina
The Board awarded a bid for a Bobcat 5220 to Triangle Equipment of Raleigh, North Carolina in
the amount of $22,162.00; and authorized the Purchasing Director to execute the necessary
paperwork.
k. Voluntary Agricultural District Designation -Walters Property
This item was removed and placed at the end of the consent agenda for separate consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
d. Benefits for Domestic Partners -Implementation and Personnel Ordinance
Revisions
The Board considered implementing policy and personnel ordinance revisions far County
employee benefits for domestic partners effective January 1, 2005.
Commissioner Gordon said that there were several things that were not clear in the
ordinance. She made reference to page four where it talks about demonstrating each one's
common welfare and she read: "Two forms of proof documenting the domestic partner
relationship must be provided with the declaration. Acceptable forms of documentation
include...." She said that three of the things listed do not seem to have anything to do with the
relationship. She suggested striking out birth certificate, driver's license, or state-issued
identification card, since it does not document the domestic partner relationship.
Elaine Holmes said that the Health Insurance Trust prescribed this definition to them. Her
understanding is that the birth certificate requirement is to make sure that the partners are not
blood related. She can explore this further with the Trust.
Commissioner Gordon said that there are a lot of loose ends.
Commissioner Gordon asked about the statement, "responsible for each other's common
welfare," and "are jointly responsible for their assets and debts as provided by applicable law."
She asked what applicable law was.
Geof Gledhill said that normally people that are not married or not related are not
responsible for assets and debts. Relationships can be created by contract or will or by power
of attorney. He thinks this is what it is talking about. Commissioner Gordon asked for
clarification on this.
Elaine Holmes will be bringing this back for a second reading on October 5t", so the
clarification will be brought back at that time.
John Link said that they will pursue these questions and he will bring back what the Trust
requires. Ultimately, it is the Trust's program.
A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve the
revisions in principle and have it come back on October 5th with further clarification.
Geof Gledhill said that this would still require approval of the ordinance.
John Link recommended voting for this in principle and for the motion to indicate that the
Board intends to fully pursue this as a benefit.
VOTE: UNANIMOUS
k. Voluntary Agricultural District Designation -Walters Property
The Board considered an application from Carl and Elizabeth Walters for certification as
qualifying farmland and designation of 173 acres as an addition to their Voluntary Agricultural
District.
Commissioner Gordon highlighted that the Walters family has put a tremendous number of
acres of their property into the voluntary agricultural districts.
Dave Stancil said that the total for the Walters family would be 378 acres. This also pushes
the County over the 2,000-acre mark.
A motion was made by Commissioner Gordan, seconded by Commissioner Halkiatis to
approve the application from Carl and Elizabeth Walters for certification as qualifying farmland
and designation of 173 acres as an addition to their Voluntary Agricultural District.
VOTE: UNANIMOUS
6. Resolutions ar Proclamations
a. Resolution Requesting Congress and the President of the United States of
America to Reauthorize the Assault Weapon Ban
The Board considered a resolution requesting Congress and the President to
reauthorize a ban on assault weapons and authorizing the Chair to sign.
Commissioner Carey read the resolution.
Commissioner Carey said that the common people do not know what these weapans are
and that 68% of people that own weapons wanted this to expand.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiatis to
adopt the resolution as stated below requesting Congress and the President to reauthorize a
ban an assault weapons and authorize the Chair to sign.
RESOLUTION REQUESTING CONGRESS AND THE PRESIDENT OF THE UNITED STATES
OF AMERICA TO REAUTHORIZE THE FEDERAL ASSAULT WEAPON BAN
WHEREAS, assault weapons are military-style firearms designed to allow rapid and accurate
spray firing to kill a large number of people in a short period of time; and
WHEREAS, assault weapons are the firearms of choice for criminals and terrorists, at a time
when terrorist threats and deeds have compromised the security of the citizens of the United
States; and
WHEREAS, the judgment of our lawmakers is in question in making it easier to acquire assault
weapons; and
WHEREAS, assault weapons have been used in mass shootings including the April 20, 1999
massacre at Columbine High School in Colorado, which left 13 dead and 23 wounded and also
the 2002 sniper attacks in the Washington, D.C. area, which left 10 dead and three wounded;
and
WHEREAS, the Orange County Sheriff's Department supports the ban, acknowledging assault
weapons threaten the safety of America's law enforcement officers, having been used to kill one
in five officers slain in the line of duty between 1998 and 2001, according the FBI statistics; and
WHEREAS, the federal assault weapon ban (18 U.S.C. - 921 et seq.}, which expired on
September 13, 2004, prohibited the manufacture, transfer and possession of semi-automatic
assault weapons and the transfer and possession of large capacity ammunition feeding devices
(i.e., those capable of holding more than 10 rounds of ammunition) and any semi-automatic
firearm with at least two specific military features including flash suppressors and folding stocks
and the ability to accept a detachable magazine; and
WHEREAS, assault-style firearms banned under the 1994 law, which has expired, include
several versions of assault pistols based on the MAC-10, Street Sweeper-revolving cylinder
semiautomatic shotgun, and the AR-15 based on the U.S. military's M-16; and
WHEREAS, the federal ban does not affect firearms designed for hunting and legitimate
sporting uses;
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners
urges Congress and President Bush to reauthorize a Federal Assault Weapon Ban.
This 215` day of September 2004
VOTE: UNANIMOUS
Chair Jacobs asked that the Clerk send a copy of this to our Congressman and two
senators.
7. Special Presentations- None
8. Public Hearings- None
9. Items for Decision--ReaularAaenda
a. Conceptual Desian for CHCCS Hiah School #3
The Board reviewed the conceptual design for Chapel Hill-Carrbora City Schools
(CHCCS} High School #3.
Jahn Link said that, in keeping with the policy adapted in 2000, anytime there is a major
capital project pursued by either school board, there are four phases to report as to the
progress. This item is the report on the concept plan as part of the conceptlpre-planning phase
of this project. This last June, the Board appropriated $2.77 million toward the phase of concept
planning and site acquisition. Commissioner Brown was appointed as the liaison for this
project. Commissioner Gordon has attended when Commissioner Brown has not been able to.
Assistant Manager Rad Visser has been the staff support.
Rod Visser said that this school is going to be located on approximately 60 acres off
Rock Haven Raad, which is south of the intersection of Smith Level Road and Culbreth Raad in
Chapel Hill Township. The school is being designed for 800 students with core facilities for
1,200 students, with the idea that the school will be expandable in the future. He introduced
representatives from the Chapel Hill-Carrboro school system in attendance: Board members
Valerie Foushee and Lisa Stuckey, Superintendent Neil Pedersen, Director of Facilities Bill
Mullen, and Assistant Superintendent Steve Scroggs. There were also some architect
representatives.
Steve Scroggs gave a PawerPoint presentation. He spoke about the very close
relationship with the Town of Carrboro in the development of these plans. The High School
Advisory Committee had strong representation from Carrboro and Orange County. He said that
they were working towards a school with a piazza feel to it where the students would eat in the
center. They want the school to have an architectural link with the Town of Carrboro. He
pointed out the location of the school and the different features of it. The area in the back is a
greenway and they have avoided construction in these areas.
The basic design of the building has classroom wings. The auditorium is on the right,
with a capacity of 500. The media center is located in the center as the hub of the school. The
gymnasium is to the left of the school. The building has a U shape. He pointed out the location
of the future expansion. The future addition would be accessed by walkways including some on
the second level. The building is day lit, which provides natural lighting. There are no flat roofs.
There is also an outside eating plaza. They wanted small learning communities within their
school.
He showed a 3-D representation of the building.
When completed, the building will have a capacity of 1,200 students. He reminded the
County Commissioners that this building is being designed with Policy 90140, which is one of
the most aggressive environmental policies in the United States. They will be using recycled
water from the roofs for flushing toilets and irrigating fields. They will provide high efficient
HVAC and lighting. They will use materials that conserve raw resources. They will also have
CO2 monitoring. The school is designed to limit excessive noise. There are solar arrays on the
roof that will provide hot water for the cafeteria.
Probable Cost of Construction
Factors Affecting Probable Cost:
Steel, gas, and site work casts are increasing. They looked at reducing classroom,
commons, and auditorium size, but they felt that these were things that could not be easily fixed
in the future. They increased the square footage of classrooms from 800 to 850 square feet,
since the Orange County construction standards for high school classrooms call for a minimum
of 850 square feet. They increased four classrooms to 1,050 square feet and they are designed
to be subdivided when necessary.
He said that the capacity of high school #3 comes in on the low side of square footage
per student compared with comparable buildings in other districts. The building does not have
excessive square feet that could be easily cut or removed without affecting the program.
According to DPI, school construction costs in North Carolina have risen 24°~ since
2003. A lot of this is based on steel costs and electrical contracts. Fuel surcharges and the
amount of money spent to get materials to the site have risen dramatically. He said that North
Carolina high schools have increased in price by 30.34°l0.
He said that this a conceptual plan and they are getting ready to proceed with
construction documents.
Commissioner Halkiatis asked Steve Scroggs to get copies of narratives because he
could not see. He would also like to have a cost estimate of meeting the 90/40 policy.
Commissioner Halkiotis said that he did not see any chillers in the pictures and he asked
where they were. Steve Tribiani from Mosely Architects said that they would sit outside the
service courtyard. Commissioner Halkiotis said that it would be helpful to see where the "ugly"
stuff was going to be.
Commissioner Halkiotis said that they have done an interesting job and he likes the
design. He thinks that it will cost a lot more than is anticipated.
Commissioner Carey asked about phase 2 and preserving the outside dining area.
Steve Scroggs said that they will build a walkway through the middle of it, but they add two
additional walkways from the top floor. A little bit of the dining area is lost, but not much.
Commissioner Carey asked about collecting water from the roof and where it would be
stored. Steve Scroggs said that they would save it underground in storage tanks. The rain is
collected by the guttering system and fills the tanks. This water is semi-scrubbed and fed back
into the system for flushing and in the irrigation system. They have this system now at Rashkis
Elementary and Smith Middle Schools. They save in excess of 730,000 gallons of potable
water per year.
Commissioner Gordon had no questions because she was at almost all of the high
school design meetings.
Chair Jacobs asked about water retention ponds and transportation lanes and Steve
Scroggs said that they could point this out and then bring more detail later.
Steve Tribiani said that there are seven different detention basins. He said that they
have met with DOT and Chapel Hill Transit regarding the bus stops. They have all
recommended that the bus stop for the high school be located (and he pointed it out on a map}.
The buses will came in on Rock Haven.
Chair Jacobs asked about the piece of UNC property that was nearby. Steve Scroggs
said that this extends across Ray Road and is over 40 acres total, with by far the smaller piece
being adjacent to the school site. Chair Jacobs asked what they would be doing with this.
Steve Scroggs said that they asked UNC if they were interested in letting the school system use
it, but there was no interest expressed. Chair Jacobs said that the County would pursue a
relationship.
Commissioner Halkiotis asked and Steve Scroggs clarified that UNC was not interested
in selling or donating the land.
Commissioner Halkiotis said that he was impressed about the water saved at the two
schools. He said that it would be helpful to have additional information with respect to cooling
and heating costs at those two schools. He thinks day lighting is the way to go. Steve Scroggs
said that they have energy studies for Smith, but Rashkis is still too new to get an entire picture.
Commissioner Carey asked why this was on the action agenda. John Link said that this
is a step that had to be pursued based on the Board's policy. Even though there is no action,
the item needed to be discussed.
Lisa Stuckey, Vice Chair of the Chapel Hill-Carrboro School Board, thanked the Board
for the help that Orange County staff gave to them. She made reference to Panzanella
restaurant in Carr Mill and said that they tried to replicate the light that came in and to bring the
feel of Carr Mill to this building. She said that the classroom wings could be shut off so that the
anterior spaces (auditorium, gym, cafeteria, and media center} could be used independently.
Commissioner Gordon said that the committee tried hard to echo some things in
Carrboro. She felt that the committee was cost conscious and the architects pointed out that
the building was made up of a lot of square modules, which is less costly.
Public Comment:
Bobby Clapp said that he sat on the High School Advisory Committee and this was a
very collaborative committee and included representatives from the surrounding neighborhoods,
Carrboro government, and Commissioner Gordon. He asked a few things of the County
Commissioners and those involved in the deliberations - be mindful of the effort that has gone
into this project; be mindful of the importance of expediting the approval; recognize that the
school system and the committee went into the process and produced a design reflecting the
guidelines given; some of the costs have been affected by rising costs of materials; the
availability for emergency preparedness at this school (emergency generators, access to the
community for a shelter); the high schools are overcrowded.
Item 10-a was moved to 9-a1.
a1. Parameters for Possible School Efficiency Study
The Board received a report from staff on efficiency measures implemented to date by
the Orange County and Chapel Hill-Carrboro City School Systems and to discuss possible next
steps related to school efficiency and provide direction to the Manager and Staff.
John Link said this item is a report from staff on efficiency measures already pursued by
both school systems. This relates to one of the initiatives that the Board wanted to pursue and
analyze this year. About a year ago, there was a presentation on the Analysis of Potential
Impacts Resulting from a Possible Merger of the Two School Systems. There were three public
hearings in the fall, and after the three public hearings, the Board determined to pursue three
elements of further analysis and discussion prior to discussing merger or funding equity further.
The first element was collaboration between the two school systems. This has been facilitated
through a number of meetings already.
Secondly, there was a pursuit of assessing the educational excellence, specifically
examining the educational programming provided by both school systems. This assessment
has been contracted between the County and UNC's School of Education. This should be
finished by late fall.
Thirdly, which is tonight's item, was to examine haw greater operational efficiency might
be achieved in both school systems. He said that he met with school superintendents in
August. The summary of what has already been achieved in the way of efficiency is provided
as part of the agenda materials. Recently, Chair Jacobs and Commissioner Halkiotis and
County staff met with a private CPA, Bob Segal, who has worked with the school systems in the
past in achieving efficiencies and economies. There is discussion about Mr. Segal returning to
help both school systems and the County look at additional elements of efficiency. This could
be a topic for the scheduled meeting between the County Commissioners and the two school
boards.
Chair Jacobs thanked Commissioner Halkiotis. He said that they talked about how to do
this study in acost-effective manner. The County does already have a relationship with Mr.
Segal. He said that this was essentially a County Commissioners' initiative and they look at it
as another collaborative effort with the school systems. He said that they have isolated where a
study was done with the Chamber of Commerce working with a school system in Greenville,
South Carolina.
Commissioner Gordon said that Mr. Segal is a hands-on person and he was staffing his
own booth at the NCACC. She said that there is no reason not to go with him since he has
worked with Orange County before. She asked if this should be bid out. She also asked about
next steps and what the scope of work would be and what would be given to Mr. Segal.
John Link said that Mr. Segal would be willing to attend the meeting next week, and from
that discussion and other discussions, Mr. Segal would bring back a scope of work in October.
Rod Visser said that Mr. Segal does have some specific ideas but he wants to hear from
the three governing boards. He said that Donna Dean has been in touch with Greenville, and
there is an executive summary in the mail to the County.
Commissioner Gordon said that there is no recommendation yet. She said that
sometimes suggested cuts could hurt services, so there should be a balance.
Rod Visser said that Mr. Segal works with the entity, and if savings are achieved over a
period of time, then his firm keeps a certain percentage of savings. He said that his firm
understands that all of the recommendations may not be acted upon.
Commissioner Halkiotis said that Mr. Segal was discovered as a result of a citizen's
efficiency task farce. He said that there are only three people in his firm and he lives a frugal
life. He thinks they told Mr. Segal upfront that they were not interested in having someone tell
them to make counter-productive cuts. He said that Mr. Segal goes beyond this and looks at
the operations.
Commissioner Carey said that they should discuss this with the school boards and then
configure the proposal or plan afterwards. He also thinks that the County should be examined
along with the school systems. He asked when the Educational Excellence report would be
brought back.
Rod Visser said that the general timeline is to finish the work in November and to bring
the report back before Christmas. Commissioner Carey said that they should expressly request
to get it before Christmas.
Commissioner Carey asked about the timeframe with the work with Mr. Segal. Rod
Visser said that they have not discussed a specific timeline. His experience is that Mr. Segal is
very efficient in moving things along.
Commissioner Carey proposed that this report be ready at the same time as the
Educational Excellence report.
Chair Jacobs said that part of the purpose of this is to address the issue of equalizing
funding.
b. Lands Legacy Action Plan - FY 2004-06
The Board considered adoption of the revised draft Lands Legacy Action Plan for fiscal
years 2004-06, revised with Board comments from the August 31St work session.
Rich Shaw with the Environmental and Resource Conservation Department said that
every two years they do an action plan for the County's lands legacy program. A draft action
plan that would run through June 2006 was presented to the Board at the August 31St work
session. This is a revised action plan dated September 1St, which incorporates changes
recommended during the work session. The changes are highlighted in yellow. The most
substantive change was to reformat the list of priority projects, separating previously approved
and multi-year projects carried over from the previous action plan from the proposed new
projects. The maps have also been changed. This plan is presented to the Board for adoption.
Commissioner Gordon made reference to page seven and the priority list and said that
the previously approved projects should take priority. She is concerned about spreading money
and staff time a little thin. The proposed new projects should be re-titled to "other projects for
potential investigation" or something like that so that people do not expect that the County is
going to pursue them in the same way. She recommended taking away the timetable and
estimated costs for the potential new projects and just including a list of the potential new
projects.
Chair Jacobs suggested calling them "potential new projects far 2004-2006" and moving
farmland easements up to the previous group, because it has been agreed upon.
Commissioner Gordon suggested keeping the matrix and then put "unknown" for
estimated costs and timetable for Bolin Creek and the other potential new projects. The Board
agreed.
Chair Jacobs made reference to the future park sites and the North Central (Cedar
Grove Township}, and said that it should probably say Cedar GrovelEno/Hillsborough because
the location has not been pinpointed.
Chair Jacobs asked if the County had solicited comments from historic alliances. There
are some recommendations from the Historic Preservation Commission. Rich Shaw said that
they do make presentations to three advisory boards -Commission far the Environment,
Agricultural Preservation Board, and Historic Preservation Commission and actively solicit
comments.
Chair Jacobs said that if any of the County Commissioners were going to attend the
Duke Forest dedication on October 14t", he would point out the person that is the roadblock to
the agreement. He said that this agreement has been sitting on this person's desk for two
years. The agreement is that Duke would put some of its most significant natural areas in the
State Natural Heritage Program, and give the County right of first option on any Duke Forest
properties that would be sold in Orange County. In exchange, the County would work with them
to protect out parcels and that the Sheriff would work with them to police parking areas at Duke
Forest.
Commissioner Gordon said that there is text on pages 3-6, and these potential new
projects need to be taken out of the goals and the specific acquisition text. She asked far
suggestions.
Chair Jacobs said to add a section on page six and Rich Shaw said that they could
distinguish them and not keep them at equal level.
Commissioner Gordon said to just make an additional item `f' an page six and list the
potential projects there.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
approve as amended, the adoption of the revised draft Lands Legacy Action Plan for fiscal
years 2Q04-06.
VOTE: UNANIMOUS
c. Fairview and Northern (HSC) Parks -Timetables and Status Reports
The Board reviewed a status report, preliminary concept plans, and the proposed
schedule far design of the next two County parks projects -the Northern (Human Services
Center} Park and the Fairview Park and Campus (Phase II} and provided direction to staff on
the Board's preferred sequence of activities.
ERCD Director Dave Stancil said that there are several different park projects in various
stages of construction and preconstruction. Little River Park is nearing completion, and later
this fall, bids for construction of facilities at Efland-Cheeks Park Phase I I will be coming before
the Board, as well as Smith Middle School playing field. These bids will probably be coming in
November. An open house to review plans for Twin Creeks is on October 4`"
The packet includes the adopted preliminary concept plan and process for Northern
Park. The process would use a series of community meetings between October and January to
help develop the design. He showed the area on a map.
He noted that the dates on page nine are tentative. Also, the process for the park
design is separate from the planned upgrade of the building and the wastewater system.
Commissioners Brown and Halkiotis have been previously designated to be the representatives
from the Board in these efforts.
At Fairview, they have also conducted a lot of preliminary work towards a goal of
beginning this project in early 20Q5. There is a draft preliminary concept plan in the agenda
packet. This is a refinement of the map shown in June. One important activity that has not
occurred is the consideration and adoption by the two boards of a memorandum of agreement
(Town of Hillsborough and County).
Funding for the two projects is already in place and the recommendation is for the Board
to consider the schedule and status report and provide any direction.
Chair Jacobs asked Geof Gledhill about the Memorandum of Understanding and if there
was a date for closure. Geof Gledhill said that the comments he has regarding the MOU are
minor and this could came before both boards this year.
Chair Jacobs said that there was discussion about trying to scope out a study regarding
the remediation of some of the Fairview property. He asked if anything has happened with this
and what it would cost to do the study. Dave Stancil said that there was some interest in
pursuing some additional geo-technical work. He will check with the County Engineer on this
process.
Chair Jacobs asked John Link to follow up on this issue because he thinks it has fallen
through the cracks. He said that there was discussion about the feasibility of having extensive
recreation activities because the remediation of the property might be too expensive. He recalls
that staff was going to pursue ways to talk to consultants about how much this would cost.
Jahn Link said that he talked with the County Engineer and he recalls that this was going
to be very expensive to try and reclaim part of what was used as a landfill. He will follow up.
Chair Jacobs said to put this in writing.
Chair Jacobs suggested that, for both of these projects, whenever there is something on
the agenda, that community citizens be notified that it is on the agenda and that they be sent
the agenda abstract. He said that these are two projects where the community feels
uncomfortable with the way the County has treated them.
Chair Jacobs made reference to Fairview and said that there are a couple of parcels and
one is a junkyard. He asked if the County has tried to acquire these parcels. John Link said
that there is activity to remove junk material from one of the parcels. The staff can examine this
if the Board desires.
Commissioner Halkiatis said that his personal mechanic, who is a minority, owns this
property. He thinks he is the best mechanic in the world and he is deliberately cleaning up his
property. This is TNT Automotive.
Commissioner Gordon said that at this point she would say to develop what we have
here instead of adding on, especially if there is a minority owned business that may get
displaced.
Commissioner Halkiotis made reference to the Northern Human Services Center and
said that they need to move on with this project.
Commissioner Gordon asked about the wastewater treatment at the Northern Human
Services Center and if there was any resolution. Jahn Link said that they have been working on
this item and they should receive a recommendation in October.
Commissioner Gordon made reference to Twin Creeks Park and said that she hopes
that they can do better than the schedule listed. She would even like to move the construction
up a year or at least some. She also noticed that the Maple View field is still there and she
thought this was gone because of the cost. Dave Stancil said that there was not a formal
decision made on this, but the staff can report an it. Commissioner Gordon would like some
closure on this.
Dave Stancil said that, in the case of Twin Creeks, a lot of the construction delays are
reflected in the one-year approval process for the Town of Carrboro.
Chair Jacobs said that he does not feel comfortable about treating the Northern Park any
differently in the way in which the community is involved. He does not want to delay what they
are doing, so he would like to flag that they are doing this differently and not to diverge from the
policy in the future.
d. EflandlMebane Small Area Plan Task Farce
The Board considered approving the formation of the EflandlMebane Small Area Plan
Task Farce and authorizing the Clerk's office to advertise for volunteers.
Planning Director Craig Benedict said that this is a returning item from the September Stn
meeting. This is a small area plan, but it is the I-85 corridor. At the previous meeting, the
County Commissioners asked for a draft mission statement to help frame the questions that
were listed previously. There was also a question at the last meeting regarding the geographic
extent. They have limited the extent of this area to include the 10- and 20-year transition areas
and the economic development districts. When they advertise this, they will give the Clerk's
office precise boundaries.
Regarding the timeframe, there were some comments that this small area planning
process is not directly linked to the comprehensive plan update and can be addressed
independently.
Commissioner Gordon asked about the map on page four and why they went outside the
transition area. Craig Benedict said that this was for descriptive areas.
Commissioner Gordon is uneasy about going too much in the watershed areas. Chair
Jacobs agreed.
Craig Benedict said that they could limit it to the areas of Commercial Industrial Activity
Node, Economic Development District, and 10- and 20-year transition. Commissioner Gordan
agreed with this.
Chair Jacobs said that he has no problem taking out the watershed critical areas {blue
hatched), but there are some green areas that he is not sure about. He suggested having this
as a blank area surrounded by roads. He does not have a problem with including some of the
agricultural residential. He wants to be clear that the rural activity node, the northern boundary,
is included.
Commissioner Gordon asked if Chair Jacobs would be comfortable with leaving out the
blue hatched and the green and leaving in the node.
Chair Jacobs said that there is so little green area that he does not have a problem with
leaving it in, at least for the purposes of discussion. Commissioner Carey agreed.
The Board agreed to leave the blue-hatched (watershed critical areas) portion out.
Commissioner Gordon asked about the composition of the task force and the eight
citizens and who would be eligible. Craig Benedict said that there was a Cheeks Township
meeting and there was general interest in the community. Commissioner Gordon suggested
advertising for citizens at-large.
Chair Jacobs suggested adding one person from the Economic Development
Commission. Commissioner Gardon said that then someone should be added from the
Commission for the Environment.
Chair Jacobs suggested taking off one Planning Board member and putting in one from
the EDC and one from the CFE. The Board agreed.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
approve the formation of the Efland/Mebane Small Area Plan Task Force with changes and
authorize the Clerk's office to advertise for volunteers.
VOTE: UNANIMOUS
e. Appointments
(1) Adult Care Home Community Advisory Committee IACHCACI-One New
Appointment
The Board considered an appointment to the Adult Care Home Community Advisory
Committee.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
appoint Mr. Cary Corvette to fill the At-Large position on the Adult Care Home Community
Advisory Committee, with Mr. Corvette serving cone-year training term, which will end
October 31, 2005.
VOTE: UNANIMOUS
(2} Affordable Housing Advisory Board -Four New Appointments
The Board considered appointments to the Affordable Housing Board.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
appoint Ms. Barbara A. Mull to a first full term ending September 30, 2007; Ms. Vivian
Herndon-Latta to a partial term ending June 30, 2006; Mr. James Rasenman to a first full
term ending September 30, 2007; and Ms. Wadleigh Harrison to a partial term ending June
30, 2005.
VOTE: UNANIMOUS
(3) Arts Commission -Two New Appointments
The Board considered appointments to the Orange County Arts Commission.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
appoint Mr. Robert Kitz to a partial term ending March 31, 2005 and Ms. Rachel Lillis to a
partial term ending March 31, 2007.
VOTE: UNANIMOUS
(4} Human Relations Commission -Three New Appointments
The Board considered appointments to the Human Relations Commission.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
appoint Mr. Bryant Colson to a partial term ending September 30, 2006; Ms. Teresa Smith
to a partial term ending September 30, 2006; and Ms. Lisa Stifler to a partial term ending
June 30, 2005.
VOTE: UNANIMOUS
A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint Lisa
Wilson to an At-Large (#12} position.
VOTE: UNANIMOUS
(5} Human Services Advisory Commission -Three New Appointments
The Board considered appointments to the Human Services Advisory Commission.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
appoint Ms. Janice Wassel (Advisory Board on Aging) to a partial term ending March 31,
2006; Christina Harlan (Board of Health) to a partial term ending March 31, 2005; and Tom
York (Cooperative Extension) to a first full term ending March 31, 2007.
VOTE: UNANIMOUS
(6) Information Technology Advisory Committee -One New Appointment
The Board considered appointments to the Information Technology Advisory Committee.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
appoint Mr. Spencer Summey to a partial term ending December 31, 2006.
VOTE: UNANIMOUS
Commissioner Gordon asked that the Clerk verify Mr. James Walker's application/interest
listing to see if he is still serving on two boards/commissions and is eligible to be appointed,
for future reference.
(7} Nursing Home Community Advisory Committee -Three New Appointments
The Board considered appointments to the Nursing Home Community Advisory Committee.
A motion was made by Commissioner Gardon, seconded by Commissioner Carey to
appoint Mr. Barry Howes to an initial one-year training term ending September 30, 2005;
Ms. Florence Soltys to an initial one-year training term ending September 30, 2005; and
Ms. Sue Waters to an initial one-year training term ending September 30, 2005.
VOTE: UNANIMOUS
Commissioner Gordon asked about position six, the Nursing Home Administration position
and if the person had to be a nursing home administrator. Clerk to the Board Donna Baker
said that letters were sent out on August 5, 2004 and the time frame is up. This will be
brought back in October for Board appointment.
(8} Housing Band Pralect Review and Selection Committee
The Board considered appointments to the Housing Band Project Review and Selection
Committee in accordance with the County's Housing Band Policy.
A motion was made by Commissioner Gardon, secanded by Commissioner Carey to
appoint BOCC members at their Board Retreat in January 2005 and to appoint the fallowing
members this evening:
BOCC- to appoint at Board Retreat
BOCC- to appoint at Board Retreat
Jabrina Robinson, AHAB
Allan Rosen, AHAB
Brian Crawford, AHAB
Craig Benedict, Orange County
Ken Chavious, Orange County
Gwen Harvey, Orange County
Tara Fikes, Orange County
Loryn Barnes, Principal Community Development Planner, Town of Chapel Hill
James Harris, Community and Economic Developmenmt, Town of Carrboro
Margaret Hauth, Planning Director, Town of Hillsborough
VOTE: UNANIMOUS
(9} Economic Development Commission -Four Reappointments
The Board considered reappointments to the Economic Development Commission.
A motion was made by Commissioner Carey, secanded by Commissioner Gordan to re-
appoint Ms. Anne Loeb to a second full term ending June 30, 2007; Mr. Robert Ward to a
first full term ending September 30, 2007; Mr. Alois Callemyn to a second full term ending
June 30, 2007; and Mr. Keith Cook to a second full term ending June 30, 2007.
VOTE: UNANIMOUS
Commissioner Gordon asked that the Clerk check on the correctness of the term ending
date for Mr. Robert Ward since is it different from the others (ending 9130!2007} and to
correct the date if it is in error.
(10} Agricultural Center Work Group
The Board considered appointments to the Agricultural Center Work Group.
The Board asked that this work group be re-advertised to provide more diversity.
{11) Advisory Board on Aging -One New Appointment
The Board considered an appointment to the Advisory Board on Aging.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
appoint Mr. Fred Schroeder to a first full term ending September to the Advisory Board on
Aging.
VOTE: UNANIMOUS
11. Closed Session-NONE
12. Adiaurnment
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
adjourn the meeting at 10:35 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board