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HomeMy WebLinkAboutMinutes - 20041116APPROVED 1124!2005 MINUTES BOARD OF COUNTY COMMISSIONERS NOVEMBER 16, 2004 The Orange County Board of Commissioners met for regular session on Tuesday, November 16, 2004 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret Brown, Moses Carey, Jr., Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker {All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Chanaes to the Aaenda There was a purple and blue sheet that related to item 6-a, Lands Legacy. There is also a revised 9-c-1, which are Planning Board applicants. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Jeff Fisher lives at 682 Erwin Raad in Chapel Hill. He spoke about a project that citizens in Orange and Durham Counties are working on that has to do with a piece of property that Duke University has entered into a contract with to sell. This property is located at the corner of Pickett and Erwin Roads. He said that the Board was going to be reviewing Erwin Trace development submitted by Crosland tonight, but the Board pulled it because of the efforts of some groups. Hopefully, the site will be acquired and not developed. This property is in the New Hope Creek Corridor Plan and is identified as being open space and recreation. It is identified in the 2030 draft plan for Durham as open space and recreation. Despite that, it is now under contract to be sold to a developer. His group is the Erwin Area Neighborhood Group, and they are working closely with the New Hope Creek Corridor Advisory Committee. He gave some packets to the County Commissioners. Mast recently, Durham County has invoked the right to reserve this tract and to keep it from moving forward because they recognize how critical the property is. This group is asking Orange County to support them in their efforts in preserving this property. He said that he lives in Orange County and he granted an easement on his property to enable public access to this trail. He encouraged the Board to deny the plan since there have been three identified plans to protect this property. Wendy Jacobs said that Hildegard Ryals, Chair of the New Hape Creek Advisory Committee, could not be here, but sent them a resolution that is in the packet. The Durham County Commissioners have put a reservation on this land for 120 days when this plan is approved. The Durham City Council is also expressing support for this plan. She hopes that Orange and Durham Counties can work together, as in the Little River Regional Park. They think that the developer is going to wait out the 120-day period and then basically move forward. She asked far the Board's support to protect this property. Doug MacKinnon conceded his time. Susan MacKinnon said that she would like to add that this area has archeological remnants on it with a trading path and an old coach route. Chair Jacobs said that the staff is already working on this and Environment and Resource Conservation Director Dave Stancil is the point person. He said that the County would be glad to work with Durham. Commissioner Halkiotis praised the efforts of this group. If this property is not preserved now, it will be lost forever. He is fully supportive of this. Chair Jacobs asked staff to came back with a report in December. Commissioner Carey asked about the statement that Durham County has placed a reservation on this. Jeff Fisher said that the reservation is in part of Durham County's ordinance and when they are going through the site plan review, if the county sees that this tract has significance for open space preservation ar a school, it says that there is a cooling off period for 120 days to give the county an opportunity to get an option on the property or to purchase the property. The issue here is that there is an existing contract between Duke and Crosland. They have asked far two years to raise money to purchase the land, and if they do not raise the money, then they will not appose the development. Commissioner Gordon asked about the gentleman with 60 acres and who will not give the conservation easement if the development occurs. She asked if he would give an easement if the development does not occur. Jeff Fisher said that this gentleman hired him as his attorney and submitted a letter today to Durham County that put this in writing and requested that some other things be done on the site plan in the event that it goes through. Commissioner Gordon asked far a copy of this letter. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Halkiotis said that he and Commissioner Gordon represented the Board at the Senior Center Planning Group and the group is moving along nicely. Last night there was supposed to be a site review in front of the Chapel Hill Town Council. They are talking about a build out time of eight months. The plan is to keep the center at 25,000 square feet. Commissioner Halkiotis thanked Chair Jacobs for adding to the agenda for the upcoming DOT meeting an item regarding the I-8511-40 overpass in Hillsborough. There have been many accidents here, especially with trucks that have dropped their cargo. There is something wrong with this overpass and the trucks cannot handle it. There have not been any deaths yet, but there have been serious injuries. He asked that before the meeting with DOT that the County Commissioners put a resolution together asking DOT to take the strongest possible action in doing an assessment of this overpass. He said that it has to be something other than speed. Chair Jacobs asked John Link to get the Board a report on the latest accident, which involved animal fat. He heard that it went into a stream. Cammissianer Halkiotis said that he volunteered to go to the Landfill Gas Methane to Energy Symposium at N. C. State. He asked who from the County staff is going to be joining him. Solid Waste Director Gayle Wilson and Environment and Resource Conservation Director Dave Stancil will also be going. Commissioner Halkiotis asked that they travel in one vehicle together. Commissioner Gordan said that the senior center is moving along and she would like a report from the Chapel Hill Town Council meeting last night. Commissioner Gordan said that the Transpartatian Advisory Committee met and they discussed haw the DCHC MPO could try and facilitate phase II of regional transit. Phase I is regional rail and will not open until 2008. The stop that was supposed to be at Duke University and three other stops were deleted for financial reasons. It is very problematic as to how regional transit is ever going to get to Orange County. They are going to try and propose something at the next meeting to interface with TTA and try to move phase I I along. Commissioner Gordon said that the 15-501 project has been delayed again. The bottom line is that between Chapel Hill and Pittsboro, the road is not going to be completed until June 2005. Commissioner Gordon reported that she went to the Commission far the Environment meeting and they discussed air quality, and then broke up into groups to work an the State of the Environment reports. Commissioner Carey recognized the school board members in attendance tonight and pointed out that the NCACC Legislative Goals Task Force today departed from its usual behavior of adopting a legislative goals package that includes 40-50 goals, and only adapted three goals. These goals have to go to the Board of Directors. Twa of the three goals include Medicaid relief for counties and a State bond issue to support school construction. Cammissianer Brawn made reference to the DOT meeting and asked that they mention the condition of Hwy 15-501 during rain. There is something wrong with the engineering because the roadway was flooded all the way across and the drainage pieces did not drain off the water. This area was from Southern Village to the Starpoint area. Chair Jacobs said that the Board asked him to write a letter to the Mayors of Hillsborough and Durham pointing out the water quality preservation efforts that have been undertaken by Orange County and how the County is working with OWASA to purchase conservation easements to help preserve the towns' water supply and how they are calling on Hillsborough and Durham to similarly bring some money to the table. Chair Jacobs represented the Board at the Adams Tract dedication. Carrbaro received Clean Water Management Trust Fund money and Orange County taxpayers in the 2001 bond set aside $750,000 far greenway purposes. Carrbaro matched this money and the properly was purchased, and today it was opened to the public. Chair Jacobs said that there has been some conversation from the Solid Waste Advisory Board about wanting to talk to elected officials about solid waste issues. There was a commitment in the 3R fee to revisit this. He has tentatively scheduled February 8t" for a dinner meeting with the SWAB. Chair Jacobs asked Geaf Gledhill what article of law that the Durham County Commissioners were relying upon for their 120-day freeze, in reference to the Erwin Trace development. Chair Jacobs said that the County had approached the towns about getting together to talk about School Resource Officers. He asked the Manager what had became of this effort. John Link said that they had a meeting among administrative staff, including law enforcement and fire, and there is no definitive recommendation yet. There was a full discussion and recommendations are forthcoming. Chair Jacobs stated his appreciation for Ted Vaden, the retiring editor of Chapel Hill News. He said that Mr. Baden has been a very fair and very involved editor. Chair Jacobs read a resolution in honor of Commissioner Brown as follows. Resolution of Commendation For Commissioner Margaret W. Brown WHEREAS, the citizens of Orange County elected Margaret W. Brown to the Board of County Commissioners in 1996 and re-elected her in 2000; and, WHEREAS, Margaret W. Brown has served the citizens of Orange County as a dedicated volunteer for many years, and served with distinction as their County Commissioner for the past eight years, including election by her peers as Chair of the Board of County Commissioners in 1998 and 2003; and, WHEREAS, Commissioner Brown has given freely and unselfishly of her time and energy and through her foresight and leadership, helped promote progressive changes and improvements in the operations and services of Orange County government; and, WHEREAS, during her tenure as an Orange County Commissioner, Margaret Brown has shared her talent far leadership and public service through her work on numerous committees, boards, and task forces, including the Board of Social Services, the Mental Health Board (OPC), the Affordable Housing Task Force, the Intergovernmental Parks Workgroup, the Commission for Women, the Landfill Owners Group, and the Workforce Development Board, among others; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners officially commends Margaret W. Brown for her years of distinguished service, looks forward to her continued contributions to the community, and wishes her and her family the very best in her future endeavors. BE IT FURTHER RESOLVED that this resolution be presented to Ms. Brown, with a copy sent to the press, and that the Resolution be spread upon the minutes of this meeting, the sixteenth day of November, 2004. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve this resolution honoring Commissioner Brown VOTE: UNANIMOUS Chair Jacobs gave Commissioner Brown a Wheels for Work clock. Commissioner Brown said that it has been a pleasure for her to serve on the Board. She thanked the Board. the staff, and the citizens. 4. County Manager's Report -None Commissioner Gordon asked for the Manager to make available the DOT Quarterly Meeting agenda. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Brawn to approve those items as stated on the Consent Agenda below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board for meetings an October 5 and 19, 2004. b. Appointments (1) Adult Care Home Community Advisory Committee fACHCAC) -One Reappointment The Board reappointed Emily Gordon to the Adult Care Home Community Advisory Committee to a first full term ending December 31, 2007. c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 90 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Classification Plan Amendment - IT Operations Supervisor This item was removed and placed at the end of the consent agenda far separate consideration. e. Acceptance of Grant Allocation from the Department of Homeland Security - State Homeland Security Grant Program This item was removed and placed at the end of the consent agenda for separate consideration. f. Recycling Education Grant Award The Board accepted a $10,000 grant from the North Carolina Division of Pollution Prevention and Environmental Assistance {NCDPPEA} to conduct public education in recycling and waste reduction and authorized the Chair to sign the agreement, subject to final review by Staff and the County Attorney. g_ Approval of Financing Arrangement for Orange Rural Fire Department No. 1, Inc. to Purchase a Replacement Fire Truck The Board approved Orange Rural Fire Department No. 1, Inc.'s purchase of a replacement fire truck; appropriated $20,000 from the Department's unappropriated fund balance; and authorized the Chair to sign the appropriate documents related to the financing arrangement. h. Orange County Landfill Engineering Services Agreement Renewal The Board approved an agreement renewal between the Solid Waste Department and Draper Aden Associates for engineering and consulting services at the Orange County Landfill through December 31, 2007 and authorized the Chair to sign, subject to final review by Staff and the County Attorney. i. Budget Amendment #5 The Board approved budget ordinance amendments for fiscal year 2004-05 for Social Services, Department on Aging, Board of Elections, and Emergency Management. L Housing Rehabilitation Contract Award The Board awarded two housing rehabilitation contracts for the CDBG Scattered Site Housing Rehabilitation Program: 205 Rencher St., Hillsborough far $24,540 {Joel Poole Hame Improvements) and 206 W. Orange St., Hillsborough far $32,830 (Triple J Construction Company). k. Impact Fee Reimbursement The Board approved the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. far $12,000 for four new homes. I. Section 8 Housing Program Administrative Plan This item was remaved and placed at the end of the consent agenda far separate consideration. m. Contract for Topographic Survey of Fairview Park This item was remaved and placed at the end of the consent agenda far separate consideration. n. Fairview Master Plan -Memorandum of Agreement This item was removed and placed at the end of the consent agenda for separate consideration. o. Resolution Petitioning the North Carolina General Assembly to Establish Adequate and Reliable Funding of Public Schools The Board adapted a joint resolution as stated below that petitions the General Assembly to establish adequate and reliable funding of public schools in the Triangle and throughout the State of North Carolina and authorized the Chair to sign. A RESOLUTION SEEKING SUPPORT FROM THE NORTH CAROLINA GENERAL ASSEMBLY FOR ESTABLISHING ADEQUATE AND RELIABLE FUNDING OF PUBLIC SCHOOLS IN THE TRIANGLE AND THROUGHOUT THE STATE WHEREAS, Durham, Orange, and Wake Counties, along with the respective school districts, Durham Public Schools, Orange County Schools, Chapel Hill-Carrboro City Schools, and Wake County Public School System, firmly believe that every child within the Triangle should have equal access to a sound quality public education in a safe learning environment; and, WHEREAS, the responsibility of providing these educational opportunities is shared between the State of North Carolina, our counties, and our local school districts under the guidance of North Carolina's constitution; and, WHEREAS, while overall state educational funding has increased largely to meet student population growth, class-size reduction in elementary grades and personnel salary and benefit increases, state budgeting of public schools as a percentage of the state general fund has however trended downward, resulting in reduced resources for schools without similar reductions in mandated program responsibilities; and, WHEREAS, elementary class-size reductions result in an unfunded mandate that does not allow for adequate capital planning and imposes a burden on counties to fund additional school facilities: and WHEREAS, parallel budget cuts affecting public schools have resulted in required state discretionary reductions, declining teacher assistant allotments, decreased school transportation operating funds, inadequate instructional technology support, withheld capital needs resources; and, WHEREAS, stagnant funding for public schools has resulted in too few teacher allotments, inadequate staffing allotments, lagging non-instructional support positions, insufficient textbook allocations, deficient instructional supplies, limited funds for children with special needs, etc.; and WHEREAS, these funding deficiencies create a greater reliance on local funding, thereby exacerbating inequities in educational opportunities across the state; and WHEREAS, in light of this trend the Triangle's county governments and school districts seek support from the North Carolina General Assembly to reverse this course and establish adequate and reliable funding of public schools; NOW, THEREFORE, BE IT RESOLVED that Durham, Orange, and Wake Counties, along with the Durham Public Schools, Orange County Schools, Chapel Hill-Carrboro City Schools, and Wake County Public school system, call upon the North Carolina General Assembly to reverse the ongoing trend of insufficient operational and capital funding for public schools. BE IT FURTHER RESOLVED that the General Assembly establish adequate and reliable funding of public schools in North Carolina that matches needs, resources, and mandates. BE IT FINALLY RESOLVED that this resolution be executed by the respective counties and public school systems in the Triangle and that this document be presented to our legislative delegations, along with appropriate state officials who have responsibilities for public schools - including Governor Easley, the Chair of the State Board of Education, and the State Superintendent of Public Instruction. This, the 16t" day of November 2004 VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: d. Classification Plan Amendment - IT Operations Supervisor The Board considered amending the Orange County Classification and Pay Plan to change the existing class of Information Systems Director at Salary Grade 29 to IT (Information Technology} Operations Supervisor at Salary Grade 24. The hiring range for Grade 24 is $52,335 - $68,000. Commissioner Gordon said that she did not understand the procedure of this. Personnel Director Elaine Holmes said that procedurally the position came open in June and the duties had changed. Commissioner Gordan said that she hopes that this position will really help with the Spam problem. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to amend the Orange County Classification and Pay Plan to change the existing class of Information Systems Director at Salary Grade 29 to IT (Information Technology) Operations Supervisor at Salary Grade 24. The hiring range for Grade 24 is $52,335 - $68,000. VOTE: UNANIMOUS e. Acceptance of Grant Allocation from the Department of Homeland Security -State Homeland Security Grant Program The Board considered accepting a State pass-through grant allocation of federal Homeland Security funds in the amount of $236,868.34 to reimburse Orange County for the purchase of equipment associated with homeland security activities of the County, its municipalities, and the University; authorize the Manager to sign the Memorandum of Agreement; Authorize the Manager to sign the Assurances of Participation; authorize the Manager to identify Rod Visser, Interim Director of Emergency Management, as the Designated Agent under Annex B; and authorize the Manager to identify Eric Griffin, Emergency Management Specialist, as the Point of Contact under Annex B. Commissioner Carey said that after reading the abstract, he gathers the staff has been working with the other jurisdictions and stakeholders. He said that on page 2 near the bottom, there is a concern whether the elected leaders would see the project through in pursuing full funding. He asked what this means. Rod Uisser said that they have been working on this for a while and would include radio towers and other associated hardware necessary to transmit signals. This concern was raised at the stakeholder meeting in October and they just wanted to make sure all elected bodies were supportive of this. He said that this is an opportunity to indicate support. The County will have to address the issue of providing radio units over a period of some years. Commissioner Halkiotis said that he has heard that the switch over to an 800-megahertz infrastructure could be millions of dollars. Rod Uisser said that a consultant's initial assessment was that it could run $15-$20 million for an Orange County owned, operated, and designed system . Commissioner Halkiotis said that if Homeland Security means that we will subsidize Motorola, then he cannot support this with this language about having a commitment of elected and staff leaders by pursuing full funding when they do not even know what the full funding is. The County cannot afford this kind of money to get this system. Rod Uisser said that the numbers that were bounced around were for an Orange County built system from the ground up. They are still talking about $3-4 million for radios and the infrastructure costs should be addressed by the grants. Commissioner Carey asked when the plan would be available. Rod Uisser said that the state highway patrol is managing this project. One of the conditions of the County and the Town receiving the grant funding was that they had to sign an with the highway patrol managing the project on their behalf. They have been waiting several months for a memorandum of agreement far a boilerplate that would be used for Orange County, Chapel Hill, and other grantees across the state. They have been told that the language has not been worked out between the state and the federal government. There is an upcoming meeting in Raleigh with other stakeholders and there will be a report back after this meeting. John Link assured the Board that their plan is clearly to make the best use of outside revenues and to move methodically and slowly so these funds can kick in. The recommendation tonight is not to commit to any amount of money for the future. The plan is to move as fast as the resources are available from the federal and state governments. Commissioner Gordan made reference to page 4 under Duties and Responsibilities of the Division of Emergency Management and the County of Orange, and she read, "agree to comply with the duties and responsibilities assigned by DHS as outlined in Annex A, Appendices A through J"and said that they do not have Annex A, but only Annex B. She asked about the urgency of this and if they could see Annex A. Rod Uisser said that part of the urgency is that the state has asked the County to make sure this grant money gets approved. Emergency Management Specialist Eric Griffin said that they have been told that what happens is that when the federal government appropriates money, then Congress mandates a 45-day window of time far the appropriated money to be approved by the local governments. The state time in getting the information down to the County and gave them a little over a month to get this process done. He has not been told definitively that the money will disappear. He thinks it is unlikely that the money will disappear. Commissioner Gordon said that they da not know what their duties and responsibilities are. She asked if this was committing the County to any particular amount of funding. Eric Griffin said that this is a no-match grant. It is considered free money. Chair Jacobs asked if there was along-term commitment for Orange County to provide resources and Eric Griffin said yes, but it does not commit Orange County to spend any additional money other than what is given through the grant. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve acceptance of a State pass-through grant allocation of federal Homeland Security funds in the amount of $236,868.34 to reimburse Orange County for the purchase of equipment associated with homeland security activities of the County, its municipalities, and the University; authorize the Manager to sign the Memorandum of Agreement; authorize the Manager to sign the Assurances of Participation; authorize the Manager to identify Rod Visser, Interim Director of Emergency Management, as the Designated Agent under Annex B; and authorize the Manager to identify Eric Griffin, Emergency Management Specialist, as the Point of Contact under Annex B. VOTE: UNANIMOUS I. Section 8 Housing Program Administrative Plan The Board considered adopting a resolution approving a revision to the Administrative Plan for the Orange County Section 8 Housing Program to include the Project-Based Voucher Program Policy. Commissioner Brown asked far an update on the Club Nova Project. Housing and Community Development Director Tara Fikes said that at the time Club Nova was planned there were eight units at the site. This site was demolished and they relocated eight tenants who were members of Club Nova to other apartments in Carrboro. Three of the members came back to Club Nova. Two other members came to live there, so that gave them five. All of the apartments are filled. A motion was made be Commissioner Brawn, seconded by Commissioner Carey to adopt and authorize the Chair to sign a resolution approving a revision to the Administrative Plan for the Orange County Section $ Hauling Program to include the Project-Based Voucher Program Policy. RESOLUTION WHEREAS, the Orange County Housing Choice Uoucher Program is administered by the Orange County Housing and Community Development Department; and WHEREAS, HUD requires all housing agencies that administer the Section 8 Housing Voucher Program to adopt a written Administrative Plan that establishes local policies for administration of the program in accordance with HUD requirements; and WHEREAS, the Board of County Commissioners approved a Section $ Project Based Voucher Program Policy on December 2002; and WHEREAS, the Policy must be incorporated into the local Administrative Plan; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners approves the amendment of the Administrative Plan to incorporate the Project Based Voucher Program Policy. This, the 16t" day of November 2004 VOTE: UNANIMOUS m. Contract far Topographic Survey of Fairview Park The Boad considered awarding a contract to Summit Consulting Engineers for a survey of topography on the 67-acre property owned by Orange County and the Town of Hillsborough for an expansion of Fairview Park, and authorizing the Chair to sign, subject to final review by Staff and the County Attorney. Commissioner Gordan said that she wanted the public to know that this item and the Fairview Master Plan Memorandum of Agreement will definitively launch this effort to put Fairview Park in place. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to award a contract to Summit Consulting Engineers for a survey of topography on the 67-acre property owned by Orange County and the Town of Hillsborough for an expansion of Fairview Park, and authorize the Chair to sign, subject to final review by Staff and the County Attorney. VOTE: UNANIMOUS n. Fairview Master Plan -Memorandum of Agreement The Board considered adopting a Memorandum of Agreement (MOA} between the County and Town of Hillsborough regarding the master planning and design of Fairview Park and associated land and facilities and authorizes the Clerk's Office to recruit Work Group volunteers. A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to adopt a Memorandum of Agreement (MOA) between the County and Town of Hillsborough regarding the master planning and design of Fairview Park and associated land and facilities and authorize the Clerk's Office to recruit Wark Group volunteers. UOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution of Approval and Acceptance of Grant -Agricultural Conservation Easement with Ira and Hazel Ward The Board considered a resalutian to approve the acceptance by Orange County of an agricultural conservation easement from Ira and Hazel Ward, and acceptance of a $210,750 grant from the federal Farm and Ranch Land Protection Program, and authorize the Chair and Clerk to sign, subject to final review by Staff and the County Attorney, with a closing and recordation of the document expected to occur by December 31, 2004. Land Conservation Manager Rich Shaw summarized the information in the agenda abstract. The Ward Farm is located in the Efland area in Cheeks Township between High Rock Road and Lebanon Road. They raise beef cattle and row crops on a 120-acre farm that they have owned for 45 years. The ridge also separates Back Creek and the Upper Eno Watersheds. He showed the vicinity map. The Ward Farm is divided into four tracts, divided between their four children. The conservation easement will protect 112 of the 120 acres. The cost of the easement purchase is $433,200 ar $3,868 per acre. Approximately $210,750 of this amount will come from a grant to Orange County from the Federal Farm and Ranchland Protection Program. This is the third conservation easement that the County has purchased. The County's share will be financed with alternative financing. Commissioner Carey read the resalutian, which is incorporated by reference. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the acceptance by Orange County of the conservation easement from Ira and Hazel Ward, and the acceptance of the $210,750 grant from the federal Farm and Ranch Land Protection Program, and authorize the Chair and Clerk to sign, subject to final review by Staff and the County Attorney, with a closing and recordation of the document expected to occur by December 31.2004. VOTE: UNANIMOUS Rich Shaw said that at this time there are 473 acres of land in easements since 2000, and with the Ward Farm, it would increase by 112 acres. b. School/County Capital Funding The Board considered adapting in principle a "Resolution Governing the Expenditure of Capital Funds on Orange County Government and Public School Structures," ar a modified version thereof, sending it to the two Boards of Education for review and comment, and considering it further thereafter for formal adoption. John Link said that the topic of this item is for the Board to consider a draft resolution that would govern the expenditure of capital funds for both Orange County government capital projects as well as school facility projects far bath school systems. He gave some background and reminded the Board that this discussion began as part of the presentation of last year's budget, the Manager's message of proposed budget, when he spoke to the fact that Orange County faced the challenge of achieving the appropriate balance, both in how we fund the schools, how we fund public safety, and how we fund human services in Orange County. Those are the three major public purposes that the County is responsible for. From that discussion, there have been two recent work sessions to further focus on the issues. One on October 25t" and one last night. Those discussions focused on about what had been achieved within the last 15 years in terms of addressing the needs of schools as well as the other functions of County government. He pointed out the success in pursuing a Schools Adequate Public Facilities Ordinance that has assured that the County will provide the capital facilities necessary as growth has occurred so that we can avoid overcrowding in schools in the future. He said that the staff was going to present to the Board tonight a list of those projects that are yet to be funded. Certainly, there are two school projects that are going to be addressed in the outer years of the ten-year CIP -Elementary School #11 and Middle School #5 for the Chapel Hill-Carrboro School system. There are a number of County projects that do not have any financing plan, or very little financing aver that same period. He said that a third of a billion dollars - $340 million -has been authorized by this Board far capital projects during the last 15 years. Twa-thirds of that has been authorized by the voters of Orange County -that being $212 million that occurred in four referenda - 1988, 1992, 1997, and 2001. In addition, the County has incurred additional debt to address other school and County needs. The discretionary money that the County Commissioners have been able to appropriate for the capital, that is the pay as you go funds from sales tax, basically was split 59% for schools and 41 % for County projects. The impact fees for schools goes directly to school projects, and also there was funding from the North Carolina Public School Construction Fund that was earmarked for schools. As the Board considers this proposed resolution tonight, Jahn Link said that it is important to try to project what Orange County is going to be able to do over the next ten years, both in terms of operation expenditures as well as capital expenditures for schools and far County general operations. The specific resolution that is before the Board was introduced by the Chair on October 25t", which proposes that there be increased attention to County capital funding needs. Specifically, the proposal targets 60°~ of capital expenditures for school projects and 40% for County projects. Rod Visser made reference to the several work sessions in the last month that relate to capital issues and said that one of the topics the Board discussed at one of those work sessions was the County's fairly complicated capital funding policy that has been in place for a number of years. There was a clear consensus from the Board that the staff ought to work to try to simplify and streamline that capital funding policy and bring it back for the Board's consideration. He said that, whether the Board may decide about this tonight or in the future, he would anticipate the results of this discussion and feedback that we get from school systems over the next several months, to fold that back into a revised capital funding policy that will be brought back over the next several months in conjunction with the development of the 2005-2015 capital improvement plan. Budget Director Donna Dean made the PawerPoint presentation. She said that of the total $340 million over the last 15 years, school projects have received about $255 million and County projects have received about $85 million. This chart is provided also in the agenda package. The total of the four bond referenda was about $212 million, with the schools getting about $168 million and the County getting $44 million. Those would include, not only new construction projects, but also renovation projects for both the schools and the County. Regarding alternative financing, the County has been able to borrow $206 million. This has also funded new construction projects and renovation projects for both the County and the schools. Pay as you ga money totals about $64.7 million -that's the sales tax and the dedicated property tax after the debt service. She said that they have worked to try to identify some projects that have been identified and either partially funded, fully funded, or getting no funding at all. The first three projects are the school projects that were included in the 2004-2014 CIP. This left Elementary School #10, which would cost $12.8 million in alternative financing that is in the recent debt issuance schedule that the Board saw in October. The next two projects far Chapel Hill-Carrboro City Schools -Elementary School #11 and Middle School #5 -were identified and with the SAPFO numbers from last year, with the student projection numbers, those were seen on the last few years of the capital investment plan. There is no funding identified far those, and as the student membership numbers are updated this year, it will show those came out in what is planned for the next ten years. County projects that have identified needs include affordable housing. There is $2.7 million identified in the CIP. It is funded, and that is the 2001 bands that will be issued between 2004 and 2014. The Board has also heard a need for an animal shelter. It is partially funded in the County's ten-year CIP - $425,000 is identified in pay as you go revenue, and that would do only the design work. That does not include any construction. There is also a need far Blackwood Farm preservation. It is partially funded at $75,000. This is only to stabilize the current buildings that are at the facility. Regarding future County space and storage needs -there's $11. 7 million in alternative financing and pay as you go money in the ten-year CIP. There is no specific project identified for this money, but the money has been reserved. The Heritage Center was identified in the CIP as partially funded at $112,000. There is no additional money. There is a need far land banking of future school sites, but there is na money allocated. Library services far the central part of the County, for Carrboro, and for Cheeks were also identified in the Library Task Force Report, but there is na money identified for this. The Triangle Spartsplex is partially funded and there will be another update in December. Twin Creeks Park -the 2001 bond included money for only phase I of that park and does not include anything beyond that. There is $975,000 allocated from the Soccer Superfund for West Ten Soccer Complex, but there is na money to build this site out. There are cost overruns associated with High School #3 and are somewhere between $3-4 million. These are just estimates. There are also cast overruns for Middle School #3 of between $2.5-3 million. There are also cost overruns far the Southern Orange Senior Center of $800,000-$1.2 million. Chair Jacobs reiterated that they are trying to look at the budget -capital and operating - in a sustainable manner in a climate where the revenues have decreased. They are also looking at dealing with changes in particularly capital spending. He said that the County has almost caught up to the school building needs and the SAPFO has also changed in that it is a legal commitment to provide schools as needed in a timely manner. He said that he has been raising this topic far almost a year of the difference in the capital plans of the schools and County government. He said that this is just aten-year model. He has no problem referring this to the school boards far comments. He thinks this is timely because the County needs to have a target. Commissioner Carey said that he participated in all of these priority-setting meetings and that the Board is committed to fund school facilities when they are needed. He said that it has been the County Commissioners' commitment since he has been on the Board and it will continue. However, there should be a target and the County also has needs. He thinks the Board should avoid the hysteria of "the sky is falling" by trying to adopt a policy that gives the public a sense of the direction that the County should be headed in the next few years. Commissioner Halkiotis said that the strength of the Board of County Commissioners and the two school boards has been great advocacy over the years for the respect for children. He does not think that citizens have a thorough understanding of same of the things that the County Commissioners are expected to fund that have nothing to do with education {tracking video poker machines, tracking sexual offenders, tracking emergency services, etc.}. He said that Orange County has done positive, progressive things to try and track both school systems' needs and prepare for those needs. He said that last night the County Commissioners heard that, because of the formulas from DPI, CHCCS benefited this year to the tune of $388,000 because they had fewer students show up than DPI anticipated and OCS suffered to the tune of $250,000 because they had more students show up than DPI predicted. He said that there are a bunch of formulas that the state adheres to and the County legally has to use, that da not make sense to him. He thinks the formula and the process is stupid and needs to be revised. He would rather see a formula where the school system is paid for the children that show up at the reporting time. He said that he would support this resolution because he knows the Board will do the right thing and meet the building needs of both school systems. If the County fails to meet the needs of any child at any school system in this County, he will resign from this Board. PUBLIC COMMENT: Gloria Foley said that the County needs that are defined in the ten-year CIP are worthwhile. She supports the County needs as much as she supports the school needs. She asked if a project is critical, then why is it not prioritized and why is this policy needed. She said that Orange County Commissioners have a statutory requirement to provide to both County and school needs. She asked about the point of defining arbitrary percentages to fulfill them. With this policy, the County is depending on an enrollment projection model that has still not been stabilized. With this policy, the two school systems are placed with a limited and shrinking pool of pay as you go money. This will affect both school systems in addressing the needs of the older school buildings. She said that aten-year economic plan is not completed that could affect both school and County needs and therefore changes the percentage. A public school facilities construction standard is still not completed. The ten-year CIP is along-range planning document that should be reviewed each year. Priorities will change as necessities arise and as citizen needs change. She said that an arbitrary policy based an arbitrary percentages is only as goad as the paper that it is written on. Etta Pisano said that she is a close observer of this Board and this topic has not been on the public's radar screen for the last year. She said that this came up spontaneously at the last meeting and most people are completely uninformed about it. She said that the data are not very convincing for the 60°l0. She has had kids in schools here for 14 years and they have been in overcrowded schools almost the whole time. This concerns her because there might be another huge growth wave in the next ten years. She is the Chair of the School Governance Committee at Culbreth Middle School and they have foregone some things that they need because of the explosive growth. She is worried that the public is not aware of all of this issue. Mike Kelley is a member of the CHCCS school board and he said that a lot of their board members are at a meeting and could not be here. He thanked the Board for not taking action on the resolution at their work session in October. He said that they recognize there is a need for consideration of alternative priorities. They also recognize that the Board of County Commissioners has made decisions about capital policy in the public process. They do have concerns about the proposal -the arbitrariness of the policy and that the rationale is not clear. The needs include opening High School #3 and Elementary School #10. They remain committed to SAPFO and they encourage cooperation when discussing these plans. He requested further discussion between the Board and the Board of Education of bath school systems before adapting this. John Anderson said that he heard about this agenda item the other day from some neighbors and he was concerned. He agrees that this is arbitrary to set these guidelines. He feels that if the County Commissioners want to set guidelines, that they should wait until the new County Commissioner is seated an the Board, especially since she was a school board member and would likely have same positive input. Commissioner Gordon said that the County does have a lot of projects that need to be funded, as do the schools. She said that the process concerns her because this is a major change and it would be unwise to set arbitrary guidelines before the schools have reviewed this She thinks this requires considerable analysis by the public and the school boards. She feels that the Board has not followed its awn process and has not allowed sufficient public input . She said that she does not see particular data to justify the 60-40 split. She said that SAPFO only applies to new facilities and she is concerned about older facilities and their substantial equivalence to newer school facilities. She is thoroughly convinced that there are a number of County projects, but these can be prioritized for funding. The 60-40 capital policy is unwise. Commissioner Halkiatis said that he does have not a problem sending this on to bath school boards for comments and to get it back to the Board far review. Chair Jacobs read the resolution as follows: A RESOLUTION GOVERNING THE EXPENDITURE OF CAPITAL FUNDS ON ORANGE COUNTY GOVERNMENT AND PUBLIC SCHOOL STRUCTURES WHEREAS, the Orange County Board of Commissioners has adopted a Schools Adequate Public Facilities Ordinance that makes predictable the development of school facilities for the next decade; and WHEREAS, the County dedicated 77 percent of its capital expenditures for school purposes over the 15 year period from 1988 through 2003; and WHEREAS, during that same period necessary capital expenditures for County projects were deferred, delayed, or curtailed due to lack of sufficient funds; and WHEREAS, there is a large backlog of building construction necessary to meet the needs of a growing county that require a determined effort to bring to bear additional capital resources in a timely manner; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby adopt in principle a policy of allocating a target of 60 percent of capital expenditures for school projects and 40 percent of capital expenditures for county projects over the decade beginning in calendar year 2005. This, the 16the day of November, 2004. Chair Jacobs added that this should be referred to bath school boards for analysis and comment and also to the staff for refinement. Commissioner Halkiotis suggested that this forwarded resolution include the attached data and any other appropriate materials. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve the resolution as stated above. Commissioner Carey said that one could say that the County does not have a policy, but a practice or a history. He said that the 77133 is only the history, and this was not consciously set. Chair Jacobs said that the public has concerns but they have been operating with an indefinite future and this policy will be beneficial to everyone. VOTE: Ayes, 4; No, 1 (Commissioner Gordon} 7. Special Presentations a. Chapel Hill-Carrboro City Schools "Opening of School" Report The Board reviewed and discussed information about student enrollment and withdrawals fro the Chapel Hill-Carrboro City Schools. Rod Visser made reference to the media coverage about students leaving the CHCCS and said that, in response to the County Commissioners' request for information, the Assistant Superintendent Steve Scroggs agreed to comment on the statistics that were included in this report. Steve Scroggs said that the Board of County Commissioners was concerned about the information in the newspaper about the loss of students in the CHCCS. He referred to the second graph on page five. He said that they gained 1,024 students from public schools in North Carolina and at the same time lost 905 students to public schools in North Carolina or in other states. They lost 48 students to private schools but got 28 students from those same schools. They have noticed a trend and the number of students moving out of the district, and they are investigating this. He said that the number of new students moving in has not declined. Commissioner Halkiotis said that this is important information and the Board of County Commissioners needs to have the correct message. Commissioner Brown made reference to the back page and that there has been an increase but also a significant withdrawal, especially in 10th, 11th, and 12th grades. She asked if there were any ideas about this. Steve Scroggs said that all high schools see this trend and it is due to some students dropping out ar dual enrollment. There is also a very large transient population. Commissioner Halkiotis added that at those ages, students might go to live with another parent. Commissioner Gordon asked what else could be done to analyze data. Steve Scroggs said that they want to find out where the kids are going, especially if it is outside of the state. b. 2003-2004 Comprehensive Annual Financial Report (CAFR) The Board received the Comprehensive Annual Financial Report (CAFR} and Single Audit Report for the fiscal year that ended June 30, 2004. Finance Director Ken Chavious made the PowerPoint presentation. ORANGE COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2004 Board of County Commissioners November 16, 2004 DISCUSSION TOPICS ^ General Fund Activity ^ Debt Position ^ OfherFunds ^ Single Audit and Grants ^ MUMS Implementation ^ Audit Results ^ Future Considerations GENERAL FUND REVENUES AND TRANSFERS ^ REVENUES AND TRANSFERS TOTAL $926.9 MILLION ^ 1NCREA SE OF 6.5 % OVER 2003 ^ LEADING SOURCES OF REVENUE Property Faxes (65.8%}, Sales Taxes (94.4%} and Intergovernmental (90.5%} ^ ADDITIONAL % CENTS SALES TAX FIRST FULL YEAR (Generated $3.6 million, in line with budget projections) PROPERTY TAXES ^ ASSESSED VALUE $9.7 BILLION 2004 ^ /NCREA SE OF 3.2 % OVER 2003 ^ 98.7% OF GROSS LEVY COLLECTED ^ REMAINS 0111E OF THE STATE'S BEST GENERAL FUND EXPENDITURES AND TRANSFERS ^ EXPENDITURES AND TRANSFERS TOTALED $929.2 MILLION ^ INCREASE OF 8.9% OVER 2003 ^ LEADING EXPENDITURES INCLUDE EDUCATION, HUMAN SERVICES AND PUBLIC SAFETY (89%} $62.6 MILLION GENERAL FUND DOLLARS FOR EDUCATION 48.5°I° of Expenditures ^ Current Expense $44.6 million ^ Capital $ 3.7 million ^ Debt Service $ ~ 4.3 million ^ Number ~ in the State According to Most Recent Public School Forum Report FUND BALANCE POSITION ^ $12.5 Million "Available" as of 6/30/2004. ^ 9.6% of 2004 Expenditures. ^ Exceeds L G C 8 % Recommended Minimum ^ $9.7 M1lkon Appropriated 2004-2005 DEBT POSITION ^ OUTSTANDING DEBT @ 6/30/04 $936.6 MILLION. ^ DEBT EVIDENCED BY BONDS $907.5 MILLION ALTERNATIVE $ 29.9 MILLION ^ $55.8 MILLION BONDS AUTHORIZED AND UNISSUED A T 6/30104 DEBT POLICY PARAMETERS ^ Debt Wil! Nof Exceed 3% of Assessed Value -Actual Debt = 1.4°10 of Assessed Value ^ Debt Service Payments Will Not Exceed 95% of Operating Expenses -Actual Pymts =13% of Operating Expenses DEBT SUBSEQUENT YEAR ^ ISSUED $25.9 MILLION IN BONDS JULY 04 (INCLUDED $99.7 MILLION 2001 BONDS $9.2 MILLION 9997 SEWER BONDS AND $4.2 MILLION TWO-THIRDS BONDS} ^ REVISIONS TO THE DEBT ISSUANCE SCHEDULE CURRENTLY UNDERWAY ^ $35 MILLION 2009 BONDS UNISSUED OTHER FUNDS ^ SOLID WASTE ENTERPRISE FUND ^ SPECIAL REVENUE FUNDS Solid Waste Enterprise Fund ^ OPERATING REVENUES OF$4.6 MILLION ^ OPERATING EXPENDITURES OF $5. ~ MILLION ^ $500 THOUSAND REDUCTION IN RESERVES ^ $801 THOUSAND ALLOCATED FOR 2004-2005 ^ $7.9 MILLION RESERVES AT YEAR END ^ NEW 3 R FEE WILL FORTIFY OVERALL FINANCIAL CONDITION SPECIAL REVENUE FUNDS ^ Revenues & Transfers $ ~ 1.8 Million ^ Expenditures & Transfers $15.3 Million ^ Expenditures Fora Human Services $5.8 million Public Safety $2.8 million Visitor Services $ .6 million Education (Impact Fees) $5,8 million Other Services $ , 3 million SINGLE AUDIT AND GRANTS ^ GRANT FUNDS MANAGED $87 MILLION ^ DSS FUNDS $76 MILLION $ 9 MILLION RECEIVED BY COUNTY $ fi7 MILLION D/RECT VENDOR PAYMENTS ^ HOUSING AND CD FUNDS $5.7 million ^ NO GRANT RELATED FINDINGS OR QUESTIONED COSTS, MUNIS IMPLEMENTATION ^ December 2002 BOCC Approved New Financial Software Package. ^ Dramatic Changes to Transaction Processing and Reporting Capability. ^ Successful Software Implementation on May ~, 2003 forAP, Purchasing, GL and Budget. ^ Successful Personnel and Payroll Implementation January 2004. ^ Final Phase to Include Employee Services Module POSITIVE AUDIT RESULTS ^ Successful audit process ^ Continued Implementation of New GASB Requirements ^ Auditors Performed SAS 99 Review ^ Sound Financial policies and procedures ^ Adequate Internal Control Structure ^ "Unqualified Opinion" (GOOD) FUTURE CONSIDERATIONS ^ Updating of Debt Issuance Plans ^ Addressing "unfunded" School and County Capital Items. ^ Review of Capital Funding Policy ^ Further Discussions on Sustainability. ^ Continued Review of School Issues Efficiency, Collaboration and Equity Funding. Ken Chavious thanked all departments and his staff as well as Budget Director Donna Dean, Purchasing and Central Services Director Pam Jones, Tax Collector Jo Roberson, Tax Assessor Jahn Smith, and Personnel Director Elaine Holmes. He also recognized the auditors -Cherry Bekaert & Holland. Eddie Burke, the engagement partner from Cherry Bekaert & Holland, made reference to the two letters in the packet. He explained the audit process. Commissioner Brown asked about the non-compliance of the impact fee fund. Ken Chavious said that the impact fee fund did not have an adopted budget last year. The impact fee fund used to be a trust fund, and there is no requirement for a budget. When it was converted to GASB 34, they forgot to put the budget in. It is not a big deal. Commissioner Gordan asked about the list of findings or questions and Ken Chavious said that there was a deficit in capital funds because they sold bonds on July 20t" instead of on June 30t". Eddie Burke concurred with that and said that if there is a deficit fund balance, it has to be reported. He said that all the state is looking for is that the County is going to take steps to fund the deficit. Commissioner Gordon asked about the practical effects of the new auditing standards. Eddie Burke said that it puts more responsibility on the auditor and that they are obligated to look far fraud. Commissioner Halkiotis said that he is insulted that they have to be held up because of the people that did what they did at Enron. He said that the auditors at Enron were at fault also. The Board thanked Cherry Bekaert & Holland. 8. Public Hearings a. Public Hearings for EMS & Rescue Franchise Agreements [& First Reading} The Board conducted a public hearing on granting proposed ambulance franchise agreements by ordinance to the two active volunteer rescue squads in the County, and to consider approving these agreements on first reading. Rod Visser said that through 1999 the County was served by two rescue squads and they merged in early 2000. They came to the conclusion this year to split back into two entities. He recommending having the public hearing and deferring the approval until December 14t" because there are a few refinements needed to the ordinance. He pointed out page 8 and section 4, which is a list of all services subject to franchising. He also pointed out page 20a, section 16d. There was no public comment. Commissioner Brown asked for an elaboration on why there was a decision to split back into two entities. She asked about the internal disagreement. Rod Visser said that there were philosophical differences such as rules and practices. Rod Visser said that they would both be providing services throughout the County. South Orange will focus on special events, particularly at the University and Orange EMS and Rescue Squad will have some special event coverage such as high school football games, etc. Commissioner Brown asked if everyone in Orange County was getting the same service and Rod Visser said yes. Commissioner Gordon made reference to page 2 and specializations. Rod Visser said that they have a lot of mutual aid in terms of rescue and they will call in specialists if they need them from other areas and states. He said that the response time on rescue calls is not as short as an EMS call. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brawn to close the public hearing. VOTE: UNANIMOUS DECISION DEFERRED b. North Carolina Community Transportation Program (CTP} Administrative and Capital Grant Application for FY2005-2006 The Board conducted a public hearing on the North Carolina Community Transportation Program {CTP} grant application by Orange Public Transportation for FY 2005-2006, and considered approving the Community Transportation Program grant application far FY 2005-06 in the total amount of $223,086, and approving a Transportation Memorandum of Understanding authorizing the application and entering into agreement the North Carolina Department of Transportation for all necessary assurances, and authorizing the Chair to sign the memorandum. Department on Aging Director Jerry Passmare said that this is an annual request. This year, the only difference from last year is that they are applying for $45,000 for capital to meet the need of purchasing new schedule management software to be more responsive to the community. There was no public comment, A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the grant application in the total amount of $223,086, approve a Transportation Memorandum of Understanding authorizing the application and entering into agreement with the North Carolina Department of Transportation for all necessary assurances, and authorize the Chair to sign the memorandum. VOTE: UNANIMOUS 9. Items for Decision--Reaular Agenda a. Twin Creeks Park -Fallow-up Report and Potential Decisions The Board was to consider a report an the Twin Creeks (Maniese Nomp) Park and Educational Campus project, with possible decision paints and consider adoption of a Master Plan. DEFERRED b. Options for Access to Weather and Emeraencv Information at the Government Services Center The Board was to consider options for securing access to weather and news information on the television located in the large meeting room at the Government Services Center and provide Staff with direction. DEFERRED e. Appointments {1) Orange County Planning Board The Board was to consider making new appointments to the Orange County Planning Board. DEFERRED 10. Reports-None 11. Closed Session Pursuant to G.S. ~ 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS ; 143-318.11(a)(5). DEFERRED 12. Adjournment A motion was made by Commissioner Brown seconded by Commissioner Halkiotis to adjourn the meeting at 10:32 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board