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HomeMy WebLinkAboutMinutes - 20041214APPROVED 2/1/2005 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING December 14, 2444 7:30 p.m. The Orange County Board of Commissioners met for regular session on Tuesday, December 14, 2004 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Barhanian COUNTY STAFF PRESENT: County Manager Jahn M. Link, Jr., Assistant County Managers Rod Visser 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 AND RECORDINGS WILL BE KEPT FOR FIVE YEARS. 1. Additions or Chances to the Agenda The pink sheet is the addition of item 5-t, which is a change in the location of the January 22"d planning retreat. The meeting will be held at the Southern Human Services Center. The Board agreed to add this. The orange sheet includes additional applicants for the Orange County Planning Board. Commissioner Gordon suggested moving the ABC appointments and the Orange County Planning Board appointments to earlier in the agenda. PUBLIC CHARGE The Chair dispensed with the reading of fhe public charge. 2. Public Comments a. Matters not on the Printed Agenda None 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 shared his recycled holiday cards with the County Commissioners. Commissioner Halkiotis said that there was another bad accident today at the Rock House Crossroads on US 70 A, in spite of the flashing light. He would like to know the accident rate here since the flashing light went in at that location. There may need to be a regular stoplight there. Commissioner Halkiotis asked the Manager far an update on Hoyle King's property. He said that he went by there last week and it looks like it is going back to what it was before. The people living around Mr. King are tired of the junk, and he is now putting stuff outside of the fence that he built. Commissioner Halkiotis said that he is willing to be part of a group to rectify this situation. Commissioner Halkiotis said that he had a discussion with some business people in Orange County in the last couple of weeks, and he got the feeling that they feel that Orange County is not user-friendly to small, clean, start-up businesses and they do not feel that the County cares about them. There are a couple of cases where businesses were leaving Orange County because they were having a difficult time expanding their operations. He would like to get a group together involving representatives from the Planning Department, Inspections, Fire Marshall, Economic Development, Manager's office, and some business people to see what the problems are. He thinks the mainstay of economic development in Orange County has to be focused on the small businesses. He asked Chair Carey to look into this and volunteered to be on this group. Commissioner Halkiotis thanked Environment and Resource Conservation Director Dave Stancil for picking him up in a Crown Victoria, powered by alternative fuel, to attend a landfill gas seminar in Raleigh. He nominated Dave Stancil to lead a group to discuss the possibility of using methane gas from the landfill for a source of energy for Chapel Hill's new public works facility. He would like Dave Stancil to do a presentation on methane gas early next year. He said that the abandoned landfill on Eubanks Road is on a list of potential sites for methane gas extraction at the state and federal level. Chair Carey said that some of the items raised by Commissioner Halkiotis would be good subjects for the planning retreat in January. Commissioner Gordan reported back on three meetings she attended. The first is the Transportation Advisory Committee. They discussed the MPO boundary in Orange County and they kept the boundary the way it was, which is what Orange County had requested. They want to know if the County Commissioners have thought about the Burlington MPO being expanded into Orange County. The TAC staff recommended that the boundary be reconsidered in subsequent years. The second meeting was the Durham-Chapel Hill-Orange Work Group. She represented Orange County in Commissioner Jacobs' absence. There were many different reports presented. The work group discussed Erwin Trace, which is a proposed subdivision including land in Durham and Orange Counties. The subdivision plan called for a conservation easement on approximately 10 acres in Orange County. However, Durham County is now interested in purchasing the land for preservation and they are still interested in joint participation with Orange County. As the work group examined the site plan, another question was the utilities for the subdivision. The plan indicated that lines would be extended into the rural buffer and they wanted the Orange County Commissioners to look into this and indicate whether county policy was being followed. Commissioner Gordon made reference to the Durham Comprehensive Plan and said that the plan originally designated areas adjacent to Orange County as a rural buffer and it is coming back to them in the plan as a mare dense designation. She asked the County to send a letter reiterating Orange County `s desire to have Durham's rural buffer remain in the area next to the County's rural buffer. She asked Chair Carey to pursue this and respond. The last meeting was the Commission for the Environment, which has been working on the State of the Environment report. Chair Carey said that there are several questions to address with Erwin Trace, and he will be working with Commissioner Jacobs and staff to respond. Commissioner Gordon said that Durham County's option to purchase runs out sometime in April and the work group wanted to have another meeting on February 9t". Durham County said they need to have a response from Orange County in time for that meeting. Commissioner Foushee extended holiday greetings. She said that she is currently attending the Essentials in County Government at the School of Government, hoping to learn more about her new position as County Commissioner. Commissioner Jacobs congratulated the North Carolina Sports Hall of Fame inductees - Anson Dorrance and Woody Durham. Commissioner Jacobs made reference to Erwin Trace and said that Durham County Commissioners got a letter from Duke University stating its position. He said that it is up to Durham County to make a proposal to Orange County. He said that the staff should not be expected to do anything until Durham County lets them know which way to go. Commissioner Jacobs said that Orange County native Elizabeth Ryan has written a new book called Orange County Trio, which is a history of Orange County. It is tied to the 250t" anniversary of Hillsborough and Orange County. Commissioner Jacobs said it is frustrating to hear about the problems of small business versus bureaucracy. He thought the County Commissioners have given clear indications that they want this problem solved. Commissioner Jacobs said that he traveled recently and stayed in three different motel chains. He asked the Solid Waste staff to find out from motels in Orange County about their use of Styrofoam. He would be interested in working on changing this. Commissioner Jacobs said that he drove through Mississippi and they have a lot of four- way stop signs. He said that it works great and it is cheaper than a signalized intersection. He said that the intersection of Lawrence Road and US 70A would be a perfect place for afour-way stop sign. Commissioner Jacobs shared some information about a center for racial reconciliation at the University of Mississippi that tries to address lingering difficulties. Chair Carey wished all a happy holiday season. He asked the County Commissioners to let him knave if they have any suggestions or ideas for the substance and the format of the retreat agenda. Chair Carey said that within the next few days he would be finalizing dates for the Board of County Commissioners listening sessions for communicating with the public in an informal environment. 4. County Manager's Report John Link commended Library Director Brenda Stephens for being selected as Librarian of the Year by the North Carolina Public Library Director's Association. He read the statement. Commissioner Halkiotis complimented Brenda Stephens publicly. He said that she always has something funny and witty to say and she always looks on the bright side of life. John Link said that the Library received another award for the best remodeled facility under 10,000 square feet in North Carolina for Cedar Grove Branch Library. John Link asked Social Services Director Nancy Colton to come forward to speak on the needs and the plans of the less fortunate citizens related to utility needs. The County tries its best to meet those needs through the emergency assistance program. Nancy Colton said that they have three different sources to take care of the various emergencies -federal funding through the Crisis Energy Program, Work First funds, and County funds. Last year they spent $315,000 from all three programs. This year, there is a budget of $333,000. As of the end of November, they have spent $103,000 of that. Based on requests from the families, there were 947 families this time last year compared to 1,016 families this year. She projects that they are okay for the next few months. They are continuing to work with the energy companies and they are continuing the financial counseling. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiatis, seconded by Commissioner Jacobs to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes far the November 3, 2004 regular meeting as submitted by the Clerk to the Board. b. Appointments - Nane c. Property Tax Release The Board approved a resolution, which is incorporated by reference, to release property value related to one {1} request for property tax release in accordance with N.C. General Statute 105-381. d. Property Value Changes The Board adopted a resolution, which is incorporated by reference, to approve value changes made in property values after the 2004 Board of Equalization and Review adjourned. e. Applications for Property Tax Exemption The Board approved three (3} untimely applications far granting exempt status from Ad Val Orem taxation for the 2004 tax year. f. CJPP Grant Acceptance The Board accepted Criminal Justice Partnership Program (CJPP) implementation grant funds totaling $165,221 from the NC Department of Correction and authorized the Chair to sign, contingent upon final review by staff and the County Attorney. cam. CJPP 2004-2005 Service Continuation Contracts The Board approved contracts for the continuation of services provided through the NC Criminal Justice Partnership Program (CJPP) and authorized the Chair to sign, contingent upon final review by staff and the County Attorney. h. Central Recreation Center Playground Apparatus The Board received a staff summary of community feedback and consider granting approval for the purchase and installation of playground apparatus at the Central Recreation Center located at the Whiffed Complex; and authorized the staff to proceed with solicitation of bids. i. Budget Amendment #6 The Board approved budget, capital and grant project ordinance amendments for fiscal year 2004-05 for Social Services, Department on Aging, Library Services, Solid Waste/Landfill Enterprise Fund, Environment and Resource Conservation Department, and Emergency Management. l: Approval of Financing Arrangement for Efland Volunteer Fire Company, Inc. to Purchase a Replacement Fire Tanker This item was removed and placed at the end of the consent agenda for separate consideration. k. Contract Approval: Coulter, Jewell and Thames for Consulting Engineering Defined by the 1997 Efland Sewer Bond and the EPA Grants for the Buckhorn EDD1Community This item was removed and placed at the end of the consent agenda far separate consideration. I. Forest Service Contract for Fiscal Year 2004-05 This item was removed and placed at the end of the consent agenda for separate consideration. m. 2004-2005 Small Business and Technology Development Center (SBTDC) Contract Renewal The Board approved renewal of a contract to continue support of small business development services for Orange county residents, as stated in the Economic Development Strategic Plan adopted May 14, 1996, and reaffirmed by the Economic Development Commission in its strategic planning session in August 2000; and authorized the Manager and Clerk to the Board to execute the contract subject to final review by staff and the County Attorney. n. Lease Renewal: 501 W. Franklin Street, Suite #105 The Board approved a lease renewal with Terradotta.com, asoftware-consulting firm, for space at 501 W. Franklin Street commencing on December 3, 2004 through December 2, 2005 and authorized the Chair to sign. o. Bid Award: Hook Truck for Orange County Solid Waste The Board awarded bid number 250 to Valvo & GMC Truck Center of Charlotte, NC for a Hook Truck for a cost of $111,632.04, and authorized the Purchasing Director to execute the necessary paperwork. ~ EMS and Rescue Franchise Agreements (Second Reading) The Board approved, on second reading, the proposed ambulance franchise agreements by ordinance for Orange EMS & Rescue Squad, Incorporated and for Technical Rescue Services, Incorporated. g, Access to Weather and Emergency Information at the Government Services Center The Board authorized installation of a satellite dish (but reserved the right to cancel in the future should TWC services be made available to the GSC at no charge) at a projected annual cost of $444 plus $394 installation fee. r. Congestion Mitigation and Air Quality f CMAQ) Grant Application The Board approved the Resolution Conceptually Endorsing Application for Congestion Mitigation and Air Quality Funds for a Park and Ride Facility and Intro-Hillsborough Transit Route, which is incorporated by reference, and directed staff to proceed with submittal to the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Triangle Area Rural Planning Organization, and enabled staff to proceed forward for further evaluation and feedback on the proposal from aforesaid local agencies and other County departments; and approved the request of Orange County to the Town of Hillsborough to commit continued participated in the local match for operating assistance for the Intro-Hillsborough transit route. s. Agreement with Orange Soil and Water Conservation District for Quentin W. Patterson Photographic Art Collection Projects The Board approved an agreement between Orange County and the Orange Soil and Water Conservation District that would permit the County to administer a donation of $20,000 and a photographic art collection on behalf of the District; and authorize the Chair to sign, subject to final review by staff and the County Attorney. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, agriculture in Orange County is an important facet of the economy and way of life in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime ar threatened farmland within water supply watersheds; and WHEREAS, the Lloyd farm includes 121 acres in the Cane Creek protected watershed, consists of a majority of prime soils, and is located in an agricultural community with good access to farm markets: and WHEREAS, the Orange Water and Sewer Authority (OWASA} have agreed to collaborate on the joint acquisition of a conservation easement that will protect the prime farmland and riparian corridors that exist on the Lloyd farm with a conservation easement; and WHEREAS, a conservation easement on this property will ensure the preservation of this farmland for future generations and providing return on the property for the Lloyds; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) agree to accept an behalf of Orange County the agricultural conservation easement to protect prime farmland owned by John and Carolyn Lloyd; 2} approve the execution of the Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement with the Lloyds, in accordance with the terms of the proposed Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement, the final form and terms of which to be approved by ERCD staff and the County Attorney; and 3} authorize the Chair and the Clerk to sign the Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement on behalf of the Board, with a closing to occur on or before February 28, 2005. This, the 14t" day of December 2004 VOTE: UNANIMOUS b. A Resolution Establishing the Intent of Durham County, Durham City, and Orange County to Cooperate with Regard to Planning Issues in Certain Defined Areas The Board considered a resolution establishing the intent of Durham County, Durham City, and Orange County to cooperate with regard to planning issues in certain defined areas; and authorizing the Chair to sign pending any final review by staff and the County Attorney. Planning Director Craig Benedict said that this resolution has been three years in the making and its intent is to share developed proposals that incorporate the I-85 and US 70 corridor. It is also a resolution of intent to pursue cooperative planning in this area. He said that this agreement is sort of an icebreaker agreement. This was first brought to the Board in June and the Board wanted to ask Durham to extend the review period to 45 days to give the County more time to respond. Durham does not want to extend any legitimate review periods in their land development process at this time. He believes that the County can receive projects from Durham in this 21-day review period and bring it to the attention of the Board for comments and be able to respond to Durham. The agreement is not as elaborate as the one with the Town of Hillsborough where there can be a joint meeting. Commissioner Jacobs said that he has found the short time frame that they have with Hillsborough, which is longer than this, too short and it barely allows the Board the opportunity to hear a staff analysis. He asked the Chair to contact Durham's Chair of the County Commissioners and the Mayor to see if this is Durham staff's interpretation of the elected officials' position, or if it is actually the elected officials' position. Commissioner Gordon asked some clarifying questions about the EDD, which were answered by Craig Benedict. This item was tabled. 7. Special Presentations a. Social Services Board Request to Establish a Day Care Trust Fund With the $100,000 Reserved in the Social Safety Net The Board considered a request from the Social Services Board to release day care funds totaling $100,000 appropriated in the Safety Net Fund to the Department of Social Services {DSS) in order that DSS can provide subsidy to additional families on the Department's day care waiting list under policies developed by the Social Services Board. Rosetta Wash, Chair of the Social Services Board, acknowledged the work of those from the Daycare Task Farce: Dee Gamble, Chair Michele Rivist from Partnership for Young Children Teresa Derrick from Childcare Services Association Margaret Brawn, former County Commissioner Nancy Coston from the Department of Social Services Sharron Hinton from the County Manager's Office Rosetta Wash said that the County receives nearly $5 million in state and federal funds for childcare subsidies annually, but it is still not enough. They continue to have a waiting list of low-income families who are eligible for childcare assistance. This is a significant barrier for some families to find employment. Earlier this year, the Board set aside $100,000 as a safety net to assist families on the Social Services Daycare waiting list. The DS5 Board requests that those funds be released to a Daycare Trust Fund that would be administered by the DSS Board. The primary purpose would be to shorten the length of time a family has to wait far daycare SUbSldleS. Commissioner Halkiotis said that the Board had a discussion at budget time last year that they were to be presented with additional information from various groups that had requested additional funds last year, specifically from the Partnership. He said that the specific areas they were requesting help with were the parents who were employed by Chapel Hill- Carrboro City Schools, Orange County Schools, Orange County government, and daycare providers. He asked how this was analyzed. Dee Gamble said that they are in the process of analyzing this and they will be considered in the process of looking at the needs. The proposal has not been finalized. John Link said that his understanding is that those initiatives and requests will be addressed in this process. The request is that $100,000 be released so that the DSS Board can come back with the final priorities. Commissioner Jacobs said that his reaction is that before he would be comfortable committing the funds, he would like more specificity. He made reference to the abstract and said that it does not list children of public employees or daycare workers. He read from the abstract as follows: "Trust funds may be used to solicit matching funds from other organizations." He would like more detail about how this will happen and what the organizations might be. He heard something today that there is a possibility that the President will suggest large cuts in Medicaid in order to pay for the war. He said that this would have a potentially devastating effect on Orange County. He would like this fleshed out so that he knows exactly what is going to be done, and by that time, there will be a better idea of what the federal government will be doing. Commissioner Gordon said that the proposal that was described would help low-income families that need these subsidies. She asked if there could be some interim step to use half of the money to just get started. This is a very high priority and she would rather not hold it up. Nancy Colton said that the task force thought that if they have some money committed then they could get started. Commissioner Gordon said that it seems to her that in the final discussion of the budget, that the Board made some kind of commitment. John Link said that is his recollection. Also, the Board wanted this task force to address what they have articulated so far and those particular groups of potential recipients. He said that this is a tricky business to pull out a specific group out of a population of eligible people and start addressing them separate from others. Commissioner Gordon asked if the Board committed $100,000 during the budget for this. John Link said that the Board committed $250,000 for the human services safety net and $100,000 of that was to go to daycare. This is how he remembers it. Commissioner Faushee supported Commissioner Cordon's proposal for $50,000 because this need will only grow by the time they meet again. Commissioners Halkiotis and Jacobs agreed. Commissioner Halkiotis said that he is concerned that a lot of energy is consumed in trying to leverage matching funds from other organizations. His recollection is that the Board made a commitment to look at the entire issue of additional daycare funds once a report came back, sifting out the proposals brought last year, dealing with specific issues of employees of both school systems, employees of County government, and people who work at the daycare services organizations. He is assuming that the Board will receive the final recommendations of this group. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to release day care funds totaling $50,000 appropriated in the Safety Net Fund to the Department of Social Services (DSS) in order that DSS can provide subsidy to additional families on the Department's day care waiting list under policies developed by the Social Services Board, with the expectation that a report will be brought back to the Board of County Commissioners on haw to address questions raised above before allocating more money. VOTE: UNANIMOUS b. Educational Excellence Work Group Update The Board received an update about the UNC School of Education team that has been working to provide research and analysis about the resources available to the two school systems in Orange County. John Link said that in February 2004 the Board endorsed this group to look at resources available to bath school systems and to pursue further analysis as to how the resources are being utilized by both systems and how they could become more equitable in the future. The work group started meeting in March and it was decided that the School of Education at UNC- Chapel Hill and Dr. Madeline Grumet, former Dean of the school, would be asked to provide a proposal. In June, the Board approved an agreement with the School of Education to pursue the analysis. Rod Visser has recently talked with Dr. Grumet and has a progress report. Rod Visser said that the Educational Excellence Work Group has met a couple of times since the Board approved the contract. The scope of work discussed in August included the Commissioner Gordon said that depreciation is another issue and how much repair might be needed. Commissioner Halkiotis asked the staff to ask specific questions of Blackman and Sloop. For example, this past Saturday, December 11th, every parking space at the facility was filled and the roadways were jammed. There must have been some regional swim meet. He asked if this was a good day far them financially and what the events are that bring in revenue. He would like for the CPA review to look at things like this. Commissioner Gordon asked staff to find out who uses the facility, including individuals and groups, and if they are from Orange County. Rod Visser will bring this information. Commissioner Jacobs would like to look at the rate structure and what is charged to citizens, such as seniors. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to authorize the staff to engage a financial business analyst, and other consultants as needed, to conduct due diligence evaluations related to the possible acquisition by the County of the Triangle SportsPlex property, subject to final review by staff and the County Attorney, and authorize the Chair to sign; and authorize the Manager to execute additional professional service contracts as needed, with the total amount for all professional services not to exceed $30,000. VOTE: UNANIMOUS 8. Public Hearings -NONE 9. Items far Decision--Regular Agenda a. Southern Orange Senior Center Project Budget The Board considered establishing a budget of $4.1 million to support the facility program far the new 25,000 square foot Southern Orange Senior Center, being developed in collaboration with the Southern Orange Senior Center Planning Committee; and directing staff to bring forward funding options by January 2005, that addresses the construction of both senior centers. Purchasing and Central Services Director Pam Jones said that the purpose of this item is to establish a project budget for the Southern Orange Senior Center. The architect has been working with the Senior Center Planning Committee and staff to design the building. The floor plan is attached to the abstract and it is reflective of what the seniors said that they wanted in a facility. The architect has also worked with the administrative space to identify offices and support space, such as for visiting offices. An additional area that will be programmed in is a clinic area. There may be an opportunity to partner with the hospital in this respect far services. The project an the regulatory side has been reviewed by two groups -the Chapel Hill Community Design Committee and the Chapel Hill Town Council. Both groups were supportive of the direction of the project. There are still many regulatory milestones yet to be achieved. In order to achieve these, there must be a design and a budget far the design. The architect has provided a preliminary budget analysis, which is attached on pages 3-4. The construction total is around $3.9 million, or $156 per square foot. This does not include other various fees, which total $1 million. The overall budget estimate far this project is around $197 per square foot. Staff is recommending that the budget for this senior center be set at $4.1 million. This is a bit less than $197 per square foot. The staff believes that there is significant opportunity to receive some private funding for the construction. The architect has indicated some flexibility in how to construct this building, in that they could build the 25,000 square feet and not totally up fit all of it right away, pending additional funding. The staff is recommending that the budget be set at $4.1 million. Staff will come back at the January meeting with a set of funding options for the Board to define where the money comes from and the opportunities for private funding. PUBLIC COMMENT: Robert Seymour spoke in support of this proposal. He is a member of the design committee. He recognized two members of the Board of the Friends of the Chapel Hill Senior Center and two members of the staff. He thanked the County Commissioners that have worked to bring this item forward. He especially thanked Commissioner Foushee for publicly supporting this in her recent campaign. He also thanked John Link for his support. He said that 15 years has passed since he proposed a new senior center for Chapel Hill. There was some reluctance on the Board at that time to move forward. He said that the County agreed to put in 213 of the cost of leasing the space and the seniors have been raising the final third for 15 years. He said that the senior population is estimated at aver 10,000 in southern Orange County. The RSVP program now has over 600 seniors that are placed in volunteer positions all around the County, particularly in the public school system, hospital, library, and non-profit groups. He said that the senior population represents a significant percentage of the tax base of the County. He made reference to the kitchen of the proposed building and said that they very much need a commercial kitchen. One of the great frustrations at the current center is that they have had to rely on caterers and there are many occasions where they would like to be able to prepare food on site for large groups. One of their other visions is that Meals on Wheels be a base at the Chapel Hill Senior Center where the seniors would provide meal service to homebound seniors from the senior center. He hopes that the new senior center will serve the seniors for at least another 15-20 years, but that it be built in such a way that it can be expanded if needed. He regrets that the bond that was passed for senior centers does not provide enough money to build what they need. Commissioner Jacobs made reference to page 4 and the list of owner supplied items, where it mentions added storm water detention pond. He asked where this was on the property. Pam Jones said that this has not been designated yet. Commissioner Gordon asked the architect, Richard Gurlitz, how the proposal to build the building, without outfitting it completely, would work. Richard Gurlitz said that the typical way to do this is to set priorities and build what is absolutely needed and then add on from that. For example, the classrooms could be one large area to be subdivided at a future time. The office area may be one large area as opposed to small offices that would be subdivided later. Commissioner Gordon asked the architect to confirm that the $4.1 million would be enough to build at least the 25, 000 square feet, although some of the building might need to be the basic shell, and Richard Gurlitz said yes. Commissioner Halkiotis said that this has been going on for 15 years and this facility needs to be built now, even if it means just having a shell in some areas and outfitting it later. If a detention pond is needed, the cost should be shared with other projects going on and not put solely on the back of the senior center. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve establishing a budget of $4.1 million to support the facility program far the new 25,000 square foot Southern Orange Senior Center, being developed in collaboration with the Southern Orange Senior Center Planning Committee; and direct staff to bring forward funding options by January 2005, that addresses the construction of both senior centers. VOTE: UNANIMOUS b. 10-Year Student Membership Projections and Schools Adequate Public Facilities Ordinance (SAPFO) Implications Commissioner Jacobs asked if the bids received by OCS for Middle School #3 were what they anticipated, or if they differed significantly. Superintendent Shirley Carraway said that they were what they anticipated as it relates to overages. Commissioner Gordon asked how they would handle cost overruns for Middle School #3. Rod Visser said that they would have to look at this with both schaol systems and bring it back on January 24t". John Link said that the Board would need to amend the capital budget ordinance of the project. Rod Visser said that the Board asked him to set up a meeting with staff from OCS related to the middle schaol site and the soccer complex. This meeting will be held in mid- Januaryand Chair Carey will be involved. Commissioner Halkiotis said that he wants to see an analysis from both school systems and from the County related to the senior centers of what the architects anticipated and the actual bids that came in. Commissioner Foushee is supportive of the recommendations, but it would help her to have a more concrete list of the other needs such as the animal shelter, EMS, etc. Commissioner Jacobs said that he is supportive of this, but the County should be cautious about allocating money that voters approved in the bond for school construction for other purposes. He thinks the public should have the opportunity to comment an the use of bond money that has changed. Chair Carey said that this is important to provide the information to the public and that it would be timely to do it when the CIP is updated, to show clearly that Elementary School #10 will be funded. Commissioner Gordon said that there are really two parts to this proposal -one has to do with SAPFO and the other is the funding shortfall that gives the County problems with the debt capacity ceiling. She would like the County Commissioners to promise that they will talk about this situation this coming year. She recommended that the County use alternative financing with Elementary School #10. Commissioner Gordon made reference to the next to the last bullet of the recammendatian, and asked that the Chapel Hill Senior Center be added to this statement instead of, "other priority County capital projects as determined by the BOCC." Chair Carey said that this would limit the options for consideration. Commissioner Halkiotis said that the County Commissioners should make that determination when it comes time to make that determination and not automatically eliminate it upfront. Commissioner Gordon asked if the principle in the last bullet was that the County was going to program Elementary School #10 of $12.8 million in 2009 with alternative financing and John Link said yes because they have already dedicated the bonds for high schaol #3 and there has been no breach of faith. At this time, the Board agreed to continue the meeting until 10:45 p.m. Commissioner Halkiotis said that to be fair to everyone, this $12.8 million might not be enough money for Elementary School #10 three years from now. He cautioned the Board to keep this in mind. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve the Manager's recommendation as stated in the bullets above. VOTE: UNANIMOUS c. Comprehensive Plan Land Use Element Update -Public Outreach Follow-up Proposal The Board considered the Planning Staff's proposal for "Public Outreach Follow-up" that has been requested by the Board to occur prior to formal Public Hearing on the Comprehensive Plan Land Use Element Update; and authorizing the staff to proceed. The Board was to consider reappointments and new appointments to the Intergovernmental Parks Work Group (IPWG), including a BOCC representative. DEFERRED {3} Alcoholic Beverage Control Board fABC Boardl-Two New Appointments The Board considered making new appointments to the Alcoholic Beverage Control Board. A motion was made by Commissioner Gordon, seconded by Chair Carey to appoint Judith Dingfelder. VOTE: UNANIMOUS Chair Carey asked that the second appointment be deferred until mare applications are received. (4} Agricultural Center Work Group The Board considered appointments to the Agricultural Center Work Group. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve all applicants for the Agricultural Center Work Group, which are Patrick McGarry, Vicki Brown, Betty Tom Davidson, Spence Dickinson, Patricia Kiffney, Morris Shambley, Donald N. Johnson, Noah Ranells, Ruffin Slater, Russ Seibert, Roger Tate, Chris Hogan, Gordon Neville, Stanley Hughes, Tony Kleese, Marty Mandell, and Gordon Warren. VOTE: UNANIMOUS {6} Orange CountylChapel Hill Visitor's Bureau -One New Appointment The Board considered making one new appointment to the Orange CountylChapel Hill Visitor's Bureau. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Creston Woods to a partial term expiring December 31, 2Q06. VOTE: UNANIMOUS (6} Nursing Home Community Advisory Committee The Board was to consider making new appointments to the Nursing Home Community Advisory Committee. DEFERRED (7} EflandlMebane Small Area Plan Task Force A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint all applicants of the Efland/Mebane Small Area Plan Task Farce, which are Peggy Abrams, Leo Allison, Tom Allison, Howard B. Cecil, Brian Dobyns, Joseph Forrest, Jr., Lynne Holtkamp, Noah Ranells, and Bryant Warren, Jr. VOTE: UNANIMOUS {8} Recreation and Parks Advisory Council -Two New Appointments The Board was to consider making new appointments to the Recreation and Parks Advisory Council. DEFERRED (9} Commission for the Environment L Approval of Financing Arrangement for Efland Volunteer Fire Company, Inc. to Purchase a Replacement Fire Tanker The Board considered approving a request from Efland Volunteer Fire Company, Inc. to enter into a financing arrangement to purchase a tanker and authorizing the Board of Commissioner Chair to sign the appropriate documents. Commissioner Jacobs asked to put on the agenda for the retreat some discussion of a relationship with fire departments, including haw the County can assist them on the legislative agenda, how to help them get ratings dawn so that insurance rates will go down, and how to come up with a more regularized method of purchasing. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a request from Efland Volunteer Fire Company, Inc. to enter into a financing arrangement to purchase a tanker and authorize the Board of Commissioner Chair to sign the appropriate documents. VOTE: UNANIMOUS k. Contract Approval: Coulter, Jewell and Thames for Consulting Engineering Services Related to the Expansion of Sewer andlor Water Utilities into Areas Defined by the 1997 Efland Sewer Bond and the EPA Grants for the Buckhorn EDDlCommunity The Board considered approving a contract that will provide for construction design, project administration/management, construction/easement survey and construction oversight for the Efland and Buckhorn utility expansion project, as well as Master planning of the utility layout of the Buckhorn EDD; and authorize the Chair to sign, contingent upon final review by staff and the County Attorney. Commissioner Gordon asked how the County would get the money for construction and the scope of the project. County Engineer Paul Thames said that the County has $1.2 million in band funds, $100,000 set aside in capital accounts, $900,000 in EPA grants, and another $500,000 EPA grant that may be split between this project and the wastewater treatment system for the Northern Human Services Center. They need to designate another $500,000 for the water line. All of this totals $3.2 million, which is short of what is needed. The ultimate size of the project was based on how much sewer was originally planned for central Efland or could be installed to serve existing dwellings in the Buckhorn community. In June, when the Board discussed this, the County Commissioners asked him what could be pared back on the maximum sized project to fit within the budget. He believes the core project would fit within the budget. The plan is to do the engineering work for the optimum project. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve a Contract with Coulter, Jewell and Thames for Consulting Engineering Services Related to the Expansion of Sewer and/or Water Utilities into Areas Defined by the 1997 Efland Sewer Bond and the EPA Grants for the Buckhorn EDDICommunity VOTE: UNANIMOUS I. Forest Service Contract for Fiscal Year 2004-05 The Board considered approving the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR) for protection, development, reforestation, management and improvement of forestlands located in the County and authorizing the Chair to sign, subject to final review by staff and the County Attorney. Commissioner Jacobs introduced the District Forest Ranger, Mr. Jay Pressley. Jay Pressley said that he took the position of the District Forest Ranger about a year ago. Commissioner Halkiotis said that they had an informative presentation from the forestry service. He and Commissioner Jacobs will be meeting on Thursday to start mapping out the proposals for the legislative agenda. He said that Orange County used to be known for the beautiful stretch of I-40 and the span of trees on each side, and the trees are rapidly disappearing. He would like to keep some buffers along the roadways. He made reference to a conversation he had with someone from Catawba County that is going to be bringing in trees from five states to feed a mill. He suspects there will be trees from Orange County heading there. Commissioner Jacobs said that he has been impressed by Mr. Pressley and his associates and there is a new spirit of cooperation. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR} far protection, development, reforestation, management and improvement of forestlands located in the County and authorize the Chair to sign, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution of Approval -Agricultural and Watershed Protection Conservation Easement for John and Carolyn Lloyd The Board considered a resolution to approve the acceptance of an agricultural and watershed protection conservation easement from John and Carolyn Lloyd, the conservation easement to be held jointly by Orange County and the Orange Water and Sewer Authority (OWASA) and authorizing the Chair to sign. Land Conservation Manager Rich Shaw said that he is bringing this back to the Board for consideration. This is collaboration between Orange County, Orange Water and Sewer Authority, and John and Carolyn Lloyd. The first joint project between the County and OWASA was approved for the McPherson farm located at the headwaters of Tom's Creek. The Lloyd farm is also located on Tom's Creek about 500 feet west of the Cane Creek reservoir. The Lloyds raise cattle an a 130-acre farm that they have owned since 1957. Orange County and OWASA are considering a joint purchase of an agricultural and watershed protection conservation easement of 121 acres of this property. This item was originally brought to the Board on October 5th, and one of the issues discussed was that the Lloyds are considering a change in their operation to plant trees for future harvest rather than raise cattle. The easement presented included special provisions developed by North Carolina's Land Trusts to address commercial forestry activity on an easement property. The Board asked for additional safeguards to protect Tom's Creek, views along public roadways, and to protect other public interests. The Lloyds, and OWASA, have agreed to the additional requirements. The cost of the easement purchase is $3,500 per acre, or an estimated $423,000 split equally between the County and OWASA. Chair Carey read the resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the acceptance of an agricultural and watershed protection conservation easement from John and Carolyn Lloyd, the conservation easement to be held jointly by Orange County and the Orange Water and Sewer Authority (OWASA}, and authorize the Chair to sign. RESOLUTION APPROVAL OF AGRICULTURAL AND WATERSHED PROTECTION CONSERVATION EASEMENT BETWEEN ORANGE COUNTY, ORANGE WATER & SEWER AUTHORITY, AND JOHN AND CAROLYN LLOYD research team visiting every school in both districts. The meeting in November was a presentation of the preliminary findings. The initial responses were that they were welcomed by bath school systems, but that there are some obvious differences between the school systems in terms of resources and more adult participation in the CHCCS. The team will put together an Executive Summary that will identify the most striking examples of possibilities far resource sharing and the gaps in resources that affect equivalency between the two school systems. The report should be ready before the County Commissioners' planning retreat. Commissioner Halkiotis said that he talked with Dr. Grumet a few weeks ago. He made reference to the increased adult interactions in CHCCS, and said that it probably means paid employees. He said that based on his discussion with Dr. Grumet, one of the most significant findings was the fact that the number of specialists that are hired in the CHCCS is significantly higher than in OCS. He encouraged staff to talk with Dr. Grumet to see what she meant about this. One example is that Carrbora Elementary has over 20 specialists because of the large population of non-English speaking students. Commissioner Gordon asked what the Board was to make of the list because there are some observations and some questions. Rod Visser said that the list is a mixture of all of the questions, observations, and what the group plans to report on. Commissioner Gordon said that when they are struggling with how to identify the significant equity issues, she hopes they are looking at operating expenses, programs, buildings and other capital expenses. Rad Visser said that the finished report would be available the week of January 10tH c. Progress Report from Robert Segal, CPA, for School Efficiency Study The Board received an update from the firm of Robert S. Segal, CPA, PA regarding preliminary findings from an examination of opportunities for achieving budgetary efficiencies in the operations of the two school systems. John Link said that at the joint work session of the two school boards and the County Commissioners on September 27th, there was agreement that it was worthwhile to again engage Robert Segal and his firm to look at possibilities of greater efficiency for both school systems and County government. He was specifically to look at ways to enhance revenue and ways to reduce expenditures. There were three separate contracts with Mr. Segal for each of the three entities. The final report will be ready by mid-January, prior to the retreat. Robert Segal said that they have been working diligently on the revenue and expenses of the two school systems and have done a little bit of work on the County's. Chapel Hill-Carrboro City Schools: They looked at the telecommunications expense and believe that they can save $67,000 a year on telecommunications. There were two meetings with staff, and there are some big plans for avoice-over IP system. This may affect the recommendation. They found some billing errors on a telephone bill and there is a potential for $28,000 savings a year. CHCCS is due $8,000 an another expense on the phone bills. Regarding North Carolina Sales and Use Tax, review has begun on 2002-2003. It is anticipated that there will be some revenue from this. Cash management review -They have issued a preliminary recommendation based upon assumptions from the school system. Since then, some of those have become not as accurate as hoped. There are some savings here. Finance Director Ken Chavious has a meeting with the banks in January to discuss the possibilities. Natural gas -Two of the schools are large enough and use enough natural gas that they can buy transmission gas, which saves about $7,000 a year. Orange County Schools: They are going through the invoice file. There is a Universal Service Fund, which is discounts, and school districts and libraries are eligible. Orange County Library gets this money and both school districts get the money, however, the person who has been filling out the form for Orange County Schools left during the summer and asked the firm to start filling out the form for the time being. With respect to the the North Carolina Sales and Use Tax, they requested the data files, and work has not begun on this at this time. Orange County Government: They have received the data file and are just now beginning to start working on this. Commissioner Gordan asked when a report far bath school systems is anticipated and Robert Segal said that he does not know, but he is working on another updated report as soon as possible. Commissioner Halkiotis said that he is not interested in speed, but thoroughness. He knows that Robert Segal does a thorough job. He is interested in the brainstorming after the initial findings to look at opportunities where the three entities can pool specific needs under one umbrella that would result in some significant savings. Commissioner Jacobs clarified the process of the analysis with Mr. Segal and echoed what Commissioner Halkiotis said about thoroughness. Robert Segal said that the two school districts have been very supportive and have provided the data that was asked of them. Commissioner Gordon said that there is no discrepancy between what she wants and what the other Commissioners want, she just wants to make sure there would be an interim report by the retreat. d. Authorization for Development of Professional Contracts Related to the Assessment of SportsPlex/Senior Center Proposal The Board considered authorizing the staff to engage a financial business analyst, and other consultants as needed, to conduct due diligence evaluations related to the passible acquisition by the County of the Triangle SportsPlex property, subject to final review by staff and the County Attorney, and authorizing the Chair to sign; and authorizing the Manager to execute additional professional service contracts as needed, with the total amount for all professional services not to exceed $30,000. Rod Visser said that in October the Board had a discussion of possible expansion of the Triangle Sportsplex to accommodate the development of a new Central and Northern Orange Senior Center. The Board directed the staff to do more examination and to bring back a recommendation of a possible acquisition of the Sportsplex before the expiration of the County's current agreement. Under the agreement, the County has been paying $400,000 a year to make sure that the services are available to citizens of Orange County at a reasonable rate. The staff is asking the Board to allow the staff to continue due diligence examination of a possible acquisition of this property ar some other kind of arrangement. They would like the Board to authorize the Manager and staff to engage professional services providers, primarily the Chapel Hill CPA firm of Blackman and Sloop to help them do a financial due diligence assessment. The firm is interested in taking an this project. Commissioner Gordon said that in addition to the physical plant inventory, she thinks there needs to be an evaluation of the building. This would require specialized knowledge. She asked if there would be enough money to engage a specialist. Rod Visser said that they believe this will get them started at least. He said that they have talked with other firms about these issues of evaluations and inventories. The Board considered approval of November 15, 2004 actual membership and capacity numbers of the Orange County Schools and Chapel Hill-Carrboro City Schools; to receive 10- year student membership projections developed through agreed-upon models; and to consider reallocation of a portion of currently programmed debt issuance to address anticipated cost overruns in various critical school and County capital projects. John Link said that last year in 2003, the County; the three Towns of Chapel Hill, Carrboro, and Hillsborough; and the two school systems entered into a mutual agreement to develop the Schools Adequate Public Facilities Ordinance. The ordinance provides that development will be paced with the ability of the school systems to design and build schools and determine when buildings are needed. The County Commissioners can have the funding in place to build the facilities when they are needed so that there are no overcrowded school systems. Part of the SAPFO has the County and the two school systems consider the actual membership by grade and the capacity numbers far schools in bath systems at this time of the year. The unfunded mandate of reducing class size in K-3 has posed somewhat of a problem, and there is a letter from the County Attorney giving his opinion about the legal implications of the unfunded mandate. The Board is being asked to take action on the school capacity numbers and to begin a process to address the most urgent capital needs of the school systems and the County. Rod Visser said that during the work sessions in November the County Commissioners asked staff to work with the schools and the towns to accelerate the annual process laid out in the SAPFO by which the ten-year student membership projections are updated. Normally this would be done in the January-February timeframe. He said that the SAPFO committee will still produce its annual report and these materials are drafts. He said that building capacity is an issue that is recognized and it has not been fully resolved yet. He made a PowerPoint presentation of charts, which is incorporated by reference. He said that both school systems have been advised by their architects to anticipate that steel, concrete, and fuel prices are going to cause the costs of the two current school projects to significantly exceed the current budget allocations. There is very little flexibility over the next three years with regard to the debt capacity. In 2008-2009, the County gets additional capacity to issue debt. If the County Commissioners consider reallocating some of the anticipated debt from Elementary #10, the future CIPs would include it when it would be needed. Also, the Orange County Schools has indicated that construction must be started by mid-February to achieve the opening date of August 2006. John Link made reference to the recommendations on page four as stated below: - Approve the November 15, 2004 actual student membership numbers; - Receive the information about 10-year student projection averages; - Approve the building capacity figures based on the individual school building capacity numbers for bath school systems at the levels certified for 2003-04; - Indicate the Commissioners' intention to reallocate, as necessary and appropriate, funding from the previously planned issuance of $12.8 million in debt for CHCCS Elementary School #10 to address cast overruns for CHCCS High School #3, OCS Middle School #3, and other priority County capital projects as determined by the BOCC; - Direct staff to review the 2004-14 CIP to include a funding plan that would provide for the construction of CHCCS Elementary #10 along a timeline consistent with the need for new school space as identified in the updated SAPFO ten-year student membership projections (i.e., opening for the 2009-10 academic year). Planning Director Craig Benedict made reference to the green sheet. He said that Phase 2 outreach would be a different type of outreach, where they touch base with the related boards and get input in writing before going out again to the general public. There will be four general public outreach meetings, and they will try to keep the presentations lighter and more interactive. Commissioner Gordon asked how they follow up with the concerns of individual members of the Planning Board. She also asked to see a copy of the materials used in the public meetings. Craig Benedict said that they use the question and answer booklets that the Board saw in the fall. They also present the five options that were presented to the Board on October 21St. Based on the comments from the Planning Board, they are working on getting people out to the presentation meetings on bath sides of the issue. Commissioner Gordon asked Craig Benedict how he would speak to the significant concerns the Planning Board has raised. Craig Benedict said that the Planning Board still admits that in order to preserve the quality of life for the future, changes must be made. The Planning Board is part of the process and will be weighing in now and in the future. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to approve the Planning Staff's proposal for "Public Outreach Follow-up" that has been requested by the Board to occur prior to formal Public Hearing on the Comprehensive Plan Land Use Element Update; and authorize the staff to proceed. VOTE: UNANIMOUS d. Selection of a Professional Planning Consultant for the Development of a Countywide Transfer of Development Rights iTDR} Program The Board considered selecting a consultant to assess the feasibility of a Transfer of Development Rights (TDR} program for Orange County far a sum not to exceed $39,100. Commissioner Jacobs asked that the staff dispense with the presentation. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve the selection of a consultant to assess the feasibility of a Transfer of Development Rights (TDR) program far Orange County for a sum not to exceed $39,100. VOTE: UNANIMOUS e. Appointments (1) Orange County Planning Board -Three New Appointments The Board considered making new appointments to the Orange County Planning Board. Commissioner Gordon nominated Margaret Campion far Position 7 and Sandra Quinn for Position 9. Commissioner Jacobs nominated Jeffrey Schmidt for Position 1. Commissioner Gordon nominated Richard Silverman for Position 1. Chair Carey nominated Tim Webb far Position 7. Commissioner Gordon withdrew her nomination for Margaret Campion for Position 7 and her nomination for Richard Silverman, and nominated Margaret Campion for Position 1. VOTE ON POSITION 1: Jeffrey Schmidt -Ayes, 3; Nays, 2 (Commissioner Foushee and Commissioner Gordon) Positions 7 and 9 were approved by acclamation. The Board appointed Jeffrey Schmidt to an at-large position, first full term to expire March 31, 2007; Tim Webb to an at-large position, partial term to expire March 31, 2005; and Sandra Quinn to an Eno Township position, partial term to expire March 31, 2005. (2) Intergovernmental Parks SIP} Work Group -New AppointmentstReappointments The Board was to consider making one new appointments to the Commission for the Environment. DEFERRED 1 Q. Reports -NONE 11. Closed Session -NONE 12. Adjournment The meeting was adjourned at 10:47 p.m. by acclamation. Moses Carey, Jr., Chair Donna S. Baker, CMC Clerk to the Board