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HomeMy WebLinkAboutMinutes - 20050124APPROVED 211 512 0 0 5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 24, 2005 The Orange County Board of Commissioners met in regular session on Monday, January 24, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Mases Carey, and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Barhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Carey expressed his condolences to Commissioner Foushee, who had a death in the family. Chair Carey asked everyone to observe a moment of silence for the tsunami victims. There were two revisions to the appointments - 9-d-6 and 9-d-8. The light blue sheet is an addition to the consent agenda that was requested by the Board at the retreat. This is item 5-n, the Segal contract. PUBLIC CHARGE The Chair dispensed with the reading of the public charge, 2. Public Comments a. Matters not on the Printed Agenda Judge Joe Buckner said that about a year ago, Commissioner Gordon asked him what he wanted from the County Commissioners, and he has begun to work on this list, which was it the retreat packet. This is a list of non-court activities that are not funded through traditional streams. The County is not directly responsible for many of these programs, they are timeline sensitive and they do have a direct impact on other agencies that the County provides service for (i.e., jail, social service agencies, mental health, schools, etc.). The four core programs are the Adult Drug Treatment Court, Family Dependency Drug Court, Community Resource for Mental Health Court, and the Youth Planning Coordinator. The Adult Drug Treatment Court is the first that is set to expire. The money was acquired through the Governor's Crime Commission, of which he is a member. They are actively seeking funding for this program. He is more optimistic about the Family Dependency Drug Court and the Community Resource for Mental Health Court. There are various opportunities far additional funding for these programs. The Youth Planning Coordinator is the least time sensitive. They have good cooperation with both school systems and from Chatham County school system to work to try to slow delinquent and/or truant youth. Another core program that provides direct operational support to the court Commissioner Halkiotis asked why a citizen can only bring half of a pickup truck load of yard debris to the solid waste collection centers. He had two phone calls over the holidays from people that were cleaning up their yards and loaded up their pickup trucks and were told that they could not bring in a full truck load. Coupled with that, he asked someone from staff to go to the Highway 57 solid waste collection center and look at it, because the Caunty is not being a good steward of this property. All of the fences have collapsed. He thinks the big trucks are hitting the fence and knocking it down. This should be part of the capital budget in the spring. Commissioner Halkiotis said that he attended the Southern Senior Center update meeting today and there were a lot of upset seniors because they thought they were going to have to raise $500,000 to finish out the building. He said that the County Commissioners made a commitment fora 25,000 square foot building and that is what they are going to get. He thinks that he diffused this situation today. He thinks this highlights the importance of having a Commissioner present. Commissioner Jacobs said that he asked the Chair and the Manager to put together a letter to send to the Mebane City Council suggesting a meeting. There was an article in the Burlington paper over the weekend about the large number of residential lots that Mebane is developing in Orange Caunty. The Synthon property that was annexed far industrial development is now being considered for residential development. A big part of this is in Orange County. He is not sure that the Mebane officials are aware of the ramifications that this has on Orange County in terms of schools and other services. Meanwhile, the Efland-Mebane Planning Group is going to have its first meeting tomorrow night. There are two seats on that group for Mebane, and he does not know if Mebane has responded to the letter that was sent. He thinks they need to work out the limits of where Mebane sees extension of its services so that Orange County citizens can know that they can maintain the quality of life that they would like to have in their area. Commissioner Jacobs said that he has been serving on the legislature's Electronic Voting Committee. He said that the optical scanning system seems to be the best marriage of technology and low-tech that there is now. With this system, there is a paper trail, which allows same checks. He said that the citizens can be assured in Orange County that the votes are being counted properly. Commissioner Jacobs asked the Manager for a report on the policy of prison labor by the County government. He would like to know where prison labor is being used and who makes the decisions. Commissioner Jacobs said that he and Commissioner Halkiotis serve on the Recreation and Parks Master Plan group and they have been working on a strategic plan. They have heard how much the Little River Park is being used. He said that this effort has been successful. Chair Carey asked if there was a way to find out what geographical areas these people are coming from. Commissioner Jacobs said that the staff is looking into doing a survey. Commissioner Gordon gave an update on transportation items. Regarding the Triangle Transit Authority, there is some discussion about the phase I regional rail project that goes from Raleigh to Durham. The project is still being evaluated by the federal officials and the model is now being called into question. This means that it will take some time to straighten out the questions of the model. It will probably hold up the project for at least six months. Regarding the Transportation Services Board, one of the staff members from TTA was at the meeting and they talked about the bus service in Orange County. There is discussion that TTA would be willing to take the route from Hillsborough to Chapel Hill, freeing up some money for OPT to run service from Hillsborough to Durham, and maybe even further west into Mebane/Efland. She made reference to a memorandum from the Triangle Transit Authority Planner. The point is that work is proceeding between Orange County's OPT and TTA to see if TTA will provide service into Orange County. She said that there needs to be further analysis. a. Minutes The Board approved the minutes as submitted by the Clerk to the Board for meetings on November 15, 16,22 {5:30 pm and 7:30 pm) and December 6, 2004. b. Appointments -None c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted and authorized the Chair to sign a refund resolution, which is incorporated by reference, related to 152 requests for motor vehicle property tax releases ar refunds in accordance with North Carolina General Statutes. d. Property Value Changes The Board adopted and authorized the Chair to sign a resolution, which is incorporated by reference, approving value changes made in property values after the 2004 Board of Equalization and Review has adjourned. e. Resolution Creating a Special Board of Eaualization and Review The Board adopted and authorized the Chair to sign a resolution, which is incorporated by reference, providing for the appointment of a special board of equalization and review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act and direct staff to recruit applicants for the E&R Board, with appointments to be made at a future Commissioners' meeting. f. Budget Amendment #7 The Board approved budget, grant project, and capital project ordinance amendments far fiscal year 2004-05 for Social Services, Department on Aging, Miscellaneous, Environment and Resource Conservation, Planning and Inspections, and Emergency Management. g_ Final Report on the Functions and Responsibilities of the Orange County Department of Human Rights and Relations This item was removed and placed at the end of the consent agenda for separate consideration. h. Petition for Addition of Subdivision Roads to the NC Secondary Road System The Board approved a request to add portions of two subdivision roads, Baath Raad and Amber Wood Run, to the state-maintained Secondary Road System i. Refinancing BB8~T Installment Purchase Agreements The Board adapted the resolution, which is incorporated by reference, approving a modification agreement for installment purchase contracts entered into with BB&T to finance school facilities that will result in savings to the County, and authorized the Chair and Finance Director to sign. L Consultant Services -Consolidated Housing Plan 2005-2009 The Board awarded a contract for consulting service to Training and Development Associates, Inc. for the development of a Consolidated Housing Plan and a Comprehensive Housing Strategy for Orange County and authorized the Chair to sign contingent upon final review by staff and the County Attorney. k. Contract with Peterson, Raymond and Associates (PRA1 to Conduct a Process Evaluation of TASC (Treatment Accountability for Safer Communities} for the Orange-Chatham Justice Partnership The Board approved a letter of agreement for consultation services to assess and evaluate the Treatment Accountability for Safer Communities {TASC} Program {previously know as Treatment Alternatives to Street Crime} in order to advance and improve the overall work of the Orange-Chatham Justice Partnership (OCJP} and authorized the Chair to sign pending final review and approval by staff and the County Attorney. I. Change in BOCC Regular Meeting Schedule Chair Carey said that there is also an Orange County Disability Awareness Council that the County supports. Commissioner Halkiotis asked that all leased properties be included in the handicapped accessibility component. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to accept the final Report on Functions and Responsibilities of the Human Rights and Relations Department and amend the County's Classification and Pay Plan to add the new class of LEP (Limited English Proficiency) Coordinator at salary grade 17 effective February 1, 2005. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Middle School #3 Capital Protect Ordinance The Board considered a resolution and a revised capital project ordinance regarding appropriation of additional funds far construction of Orange County Schools (OCS) Middle School #3. John Link said that in November 2001, the voters of Orange County approved in the school bond $18.5 million for constructing a new middle school for the Orange County school system. This $18.5 million, at that point, was the amount that had been specified in the construction standards adopted several years ago. Since that time, a site has been located, approximately 100 acres between West Ten Road and I-4011-85. The school system and the County Commissioners and staff have been working on developing the total area so that, as the school is planned and built, there will also be work on multiple soccer fields in the same area. The school system and the County Commissioners have entered into an inter-local agreement. He said that this item is related to the outcome of the bids that were received in December by the school board. The action is to ask the Board to consider appropriating as much as $3.5 million in additional funds toward this project, based on the costs of steel, concrete, etc. There is also a letter from Superintendent Carraway (peach colored) indicating that the school system has identified $350,000 of their revenue to address this shortfall. This is in response to a letter sent by him to both superintendents in September asking them to identify sources of revenue to help in the overruns of this project and High School #3 in the Chapel Hill-Carrboro City school system . Rod Visser said that this is an urgent issue because the middle school is slated to open in August 2006. The project architects have indicated to the school board that in order to keep this project on track, it is important to begin construction by mid-February. The school board has this item on its agenda tonight. In December, the Board indicated that it intended to reallocate some or perhaps all of the $12.8 million that is currently earmarked in the County's plan for CHCCS Elementary #10 to address some of the anticipated cost overruns for this project and the CHCCS High School #3 project and perhaps the senior centers. Funds to build Elementary school #10 will be allocated at a later date. This action is to specifically follow upon this indication of intent in December. Rod Visser pointed out that in October the Board asked that a work group be put together, comprised of County and school representatives, that could examine ongoing issues related to the joint relationship between the middle school project and the adjacent County soccer complex. Chair Carey is serving on this work group along with other staff members, Chair Libby Hough, Superintendent Carraway, and other school staff members. The group met last week to talk about budgetary considerations. There is some work to be done an potential additional joint savings through economies of scale. Also, County staff conducted an assessment of the cost overruns for this project and far High School #3, and it is summarized in the abstract. property. He thinks the issue of clear cutting along the interstate is having some consequences all around. Commissioner Foushee said that she is in support of the recommendation, but she wants to be clear that the $3.5 million does include the $271,000 difference in the land acquisition. It was answered yes, it is included. She asked about the startup costs that are not included. Executive Qirector for Auxiliary Services for Orange County Schools George McFarley said that some of the one-time startup costs would be borne by the school district's fund balance. Commissioner Foushee said that the OCS fund balance is considerably reduced from last year and she cautioned the school board not to leave these requests out of the budget because the Caunty Commissioners understand that the school system has spent down its fund balance. She asked when the County Commissioners might expect a status on the policy as it relates to smart growth. She said that the idea of smart growth principles has been a nebulous subject. John Link said that he proposes giving the history of discussion on this subject. He thinks there is a framework of such a policy in writing. He will bring this forward. Chair Carey said that they have a good framework and this item may need to be deferred as one of the substantive items of the school collaboration group. He said that it is much broader than schools. Commissioner Halkiotis said that the Caunty Commissioners have talked about this issue. He would like to see some real life examples of each smart growth principle and how they have impacted schools today. He would like same feedback from both school systems on how many children ride buses, how many come with parents, and how many walk. Commissioner Gordon said that she wanted to reiterate that she thinks the County should build the middle school, the high school, and the senior center right and they should be funded. She is in favor of moving forward with the amount for the middle school, but she has questions about some of the line items. She made reference to page 20 and asked what the site development costs include. Ken Redfoot said that in the $2,723,132, this includes all of the work that is required beyond the early site work package. Off-site work would include the road improvements along West Ten Road and on-site work would include utility work for water and sewer as well as all of the driveways, parking lots, ball fields, irrigation, and sidewalks. The baseball field, the softball field, a track, a practice field, and an athletic field are also incorporated. This would not include off-site water and sewer. Commissioner Gordon asked about the site acquisition and Rod Visser said that the $795,000 represents the cost of the entire property. The 66 acres was $775,000 and $20,000 was for associated and professional fees. The cost of the Euliss property that the County acquired for use of the soccer complex was a little over $500,000 in addition to this. The cost of the Euliss property is not included in this capital project. Commissioner Gordon asked when they would get the information back on the additional items. She said that there are a number of outstanding issues that need to be resolved. Chair Carey said that they will get this information back as soon as possible. Commissioner Gordon asked when they would break ground and Ken Redfoot said that they have started the early site work package. They are ready to get started with the rest as soon as everything is approved. Commissioner Jacobs asked about Mebane's policy on the possibility of getting reimbursed to extend water and sewer lines and a future tap-on. Paul Thames said that it is Mebane's policy that there is no reimbursement. He thinks that Hillsborough is the only one around that has a reimbursement policy. Commissioner Halkiotis asked that a request be put in writing for Mebane. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to adopt the accompanying resolution indicating the intent to provide additional funding for Orange County Schools Middle School #3, and adopt a revised Middle School #3 capital project ordinance that appropriates the level of additional funding approved by the Board. A RESOLUTION OF INTENT TO APPROPRIATE ADDITIONAL FLJNDS FOR CONSTRUCTION OF ORANGE COUNTY SCHOOLS MIDDLE SCHOOL #3 WHEREAS, the Orange County Board of Commissioners and Orange County Board of Education have agreed to collaborate in the development of a new middle school and a new multi-field soccer complex on approximately 100 acres of property located between West Ten Road and Interstate 40185: and WHEREAS, the Orange County Board of Education has approved a design for the middle school that is based on a prototype of the Smith Middle School constructed several years ago in the Chapel Hill-Carrboro School system; and WHEREAS, at approximately 123,000 square feet, the planned size of Middle School #3 falls within the parameters established in the Board of Commissioners' 1996 adopted middle school construction standards; and WHEREAS, the current estimated total project cost for Middle School #3, based on construction bids received by the Orange County Board of Education in December 2004 is $22,608,091; and WHEREAS, earmarked County and OCS revenue for the project, including $18.5 million in voter-approved general obligation bonds, is $3,520,566 less than the currently estimated project G05t; and WHEREAS, the Board of Commissioners in December 2004 indicated its intent to redirect (with subsequent replenishment) some or all of planned alternative financing debt of $12.8 million for Chapel Hill-Carrbara Elementary School #10 to address mare pressing financial needs far OCS Middle School #3, CHCCS High School #3, County senior centers, or other projects; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby indicate its intent to appropriate $3,520,566 in additional funding for the construction of Middle School #3, with said appropriation to be incorporated in and executed by Board of Commissioner adoption of an updated capital project ordinance for Orange County Schools Middle School #3. This, the 24t" day of January, 2005 VOTE: UNANIMOUS b. Human Relations Month The Board considered a proclamation recognizing the month of February as Human Relations Month and authorizing the Chair to sign. Milan Pham introduced Damon Seils, Vice-Chair of the Human Relations Commission. Damon Sails said that the kickoff event is February 6t" and will include a performance by the Women's Prison Reparatory Company. This is the only company of its kind in the country that does these kinds of performances outside of prison walls. The event is at 3:00 p.m. at the Rights Trail in Orange County, identifying people who have served in this County in regard to civil rights. Commissioner Halkiotis said that there was a Southern Living article about a year and a half ago that dealt with Pauli Murray, who came out of Orange County. c. Resolution -Partnership to End Namelessness in Orange County The Board considered adoption of a resolution endorsing the establishment of a Partnership to End Namelessness in Orange County. Housing and Community Development Director Tara Fikes said that the Homelessness Roundtable developed this resolution. There were over 150 community members, including elected officials, at the event. Since the roundtable in November, the planning committee has continued to meet and they reviewed the comments made during the roundtable. They would like to continue the discussions in the community, and would like to recommend that the County and the Towns enter into a Partnership to End Homelessness in Orange County. The partnership would discuss the next steps for the creation of a ten-year plan to end homelessness in Orange County. All local elected officials are being asked to consider entering into this partnership. PUBLIC COMMENT: Billie Guthrie made reference to her letter. She is the Chair of the Community Initiatives to End Namelessness. She expressed support for the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the adoption of a resolution, as stated below, endorsing the establishment of a Partnership to End Namelessness in Orange County. RESOLUTION WHEREAS, in October 2003, Triangle-area elected officials were briefed on the 10-Year Plan to End Homelessness Initiative sponsored by the United States Interagency Council on Homelessness; and WHEREAS, on November 18, 2004, Orange County, the Tawn of Chapel Hill, and the United Way hosted a Roundtable Discussion on Homelessness in Orange County attended by mare than 150 community members; and WHEREAS, the Roundtable Planning Committee has continued to meet to review feedback from the November 18t" event and recommends the establishment of the Partnership to End Homelessness in Orange County to continue to pursue this Initiative in the County; and WHEREAS, the County's success in this Initiative will rest on the strength of the partnership of its local governments and community leaders; and WHEREAS, the Planning Committee requests the founding members of the Partnership to End Homelessness in Orange County to include the Towns of Carrboro, Chapel Hill, Hillsborough, and Orange County; and WHEREAS, each founding member is asked to appoint a representative to the Planning Committee far the Partnership; and 34}. Citizen Plan #3 was discussed by a group of citizens and addressed at the December 6t" meeting (page 35}. At the December 6t" meeting, staff was asked to report back on four items: 1. An assessment of the feasibility of a redesign process for the site based on principles introduced in Citizen Plan #3. 2. Projections for potential users of park facilities at the site, including traffic estimates. 3. Further research into the costs of extending water and sewer to the site (and evaluation of potential cost savings with a redesigned layout}. 4. Additional information on the "action sports" concepts mentioned at the December meeting by citizen speakers. Regarding the last item, the staff site visit to a facility in Greenville was cancelled earlier last week because of the weather. There were three citizens that provided some information about these activities. This is on the pink sheet. On December 6t", the staff presented some preliminary pros and cons of citizen plan #3, which are listed on page five. Generally, citizen plan #3 proposes a scheme that would result in a fairly radical redesign of the site. He summarized the pros and cons as listed in the abstract. There are still a number of unanswered questions with regard to citizen plan #3. Two steps would be needed to address citizen plan #3, and bath would require going back to the site analysis maps. The steps would be first to evaluate the implications of a proposed shift in uses and see if it is actually feasible, and secondly to proceed with a full redesign along those lines. He said that a redesign would take resources away from some other projects. On pages 7-9, there are four process options for the Board's consideration for proceeding with Twin Creeks. Option A -Proceed with one of the existing designs (#1 or #2} with a potential for minor modifications to the plan. Adoption of this master plan could take from a few weeks to two months. Option B -Incorporate moderate scope redesign work, generally compatible with the overall master plan. This could allow same components of citizen plan #3 to be incorporated into the design without requiring a full redesign effort. An ad hoc work group could work over a period of three to four months to discuss the possible redesign. Option C1 -Full redesign option that would take between six to twelve months to complete. This option would take a fresh look at the site without boundaries, allowing for a seamless redesign that might find school and park uses. Option C2 -Full redesign option that would take between six to twelve months to complete. Include an evaluation of the practicality of using citizen plan #3, followed by a full redesign. He pointed out page 10, which includes projections of park usage developed by the Recreation and Parks Department. The projection is a maximum of 4,372 daily visitors, with an in-season weekly visitor rate of around 11,000. This is for the entirety of the park, and not just phase I. Page 13 is a memo from the Planning Department projecting vehicle trip generation for the entirety of the site. The County Engineer has explored the potential cast implications of a redesign, based on citizen plan #3. The report is on attachment 3 on pages 15-18. In summary, the findings indicate that a redesign would not ultimately result in any substantive cost reductions in the water and sewer extension. Commissioner Gordon asked far clarification in how the redesign process would delay other park projects. Dave Stancil said that if they were to undertake the redesign, and to truly to da it right, it would be necessary to go back to site analysis maps and this could take months. PUBLIC COMMENT: Brian Decker thanked the Board for considering the bicycle action sports facilities. He asked if there were any questions that he could answer and stated that he would really like to see a bicycle action sports facility at this park. Commissioner Halkiotis asked if there were any dirt jump sites within 100 miles of here and Brian Decker did not know. Commissioner Halkiotis asked if the dirt jumps were the least expensive facilities to built. Brian Decker said that dirt jumps would be the least expensive to build, but they would require maintenance over time. Commissioner Halkiotis asked what the action sports users would want that is different from the Chapel Hill skating facility. Brian Decker said that the Chapel Hill facility provides a wooden ramp style skate park. They would like some kind of concrete bowl. The nearest one of these is in Greenville, North Carolina. Commissioner Halkiotis would like to know if this facility in Greenville is public or private, how many people use it, and if it is making money. Commissioner Faushee said that there would be indications for liability, and she would like to know how much this would cost if it were run by the County. Brian Decker said that his understanding is that this type of facility would fall under the same type of liability for a basketball court or a baseball or a soccer field. Commissioner Gordon asked about the demographics of who uses this type of facility. Brian Decker said that, out of 271 signatures on a petition, 31 were female and ages ranged from 13-53. Andrew Farris distributed a printout of the petition. He said that there are two clusters in terms of age -one being 16-18 and the other mid-30's. He said that he does not believe that there is a fully public dirt jump park in North Carolina. A lot of them are built on the axiom under the thinking that it is easier to ask for forgiveness than permission. He believes that there is one that exists in Swannanoa, North Carolina, which is near Asheville, and it exists at least with some municipal permission. He said that some are run by charitable organizations, such as the YMCA. He said that for most that are run by municipalities, the municipality constructs and insures the facility, but the day to day operations are run by a private contractor. This is how the skate park is run in Chapel Hill. He said that one of the big reasons that the Chapel Hill park is not on the table for this is that they do not allow bicycles. He said that the concrete bowl could be used more than for bicycles in that it could also be used for in-line skates and skateboards. Commissioner Gordon asked Dave Stancil to confirm that it was the Tawn of Carrboro Plan that they utilized as the basis for the Twin Creeks plan and that it had a school in the northern part and a park in the southern part. She thinks it was the Northern Transition Area Plan, which was adopted by Carrboro and Orange County. Dave Stancil said yes, and then the County's existing parks plan shaved along Eubanks Road and Old NC 86 the Chapel Hill District Park location. Commissioner Halkiotis asked why the original study group recommended placing the schools in the northern end and the park facilities in the southern end. Dave Stancil said that it was because they were directed to use the preliminary concept plan that was adapted by the Board in 2001-2002 and therefore it was one of the guiding parameters for the CHATPEC Master Plan. It delineated Jones Creek corridor as the dividing line between the schools and the parks. The school system had previously looked at acquiring the northern piece for schools and the County had looked at acquiring the southern piece for a park. Commissioner Halkiotis made reference to the attorney, Jay Bryan, that spoke on December 6th about this, and he talked about the suitability of the land. He asked if this was a big consideration, what the land lends itself to. Dave Stancil said that they did do a lot of site assessment far park sites. One of the primary reasons this was their target site for the southern end was because it had a number of different components suitable for parks. VOTE: UNANIMOUS b. Orange County Public Transportation Community Transportation Improvement Plan (CTIP) The Board considered approving the Community Transportation Improvement Plan {CTIP) for 2004-2009 and accompanying recommendations from the Transportation Services Board {TSB) and CTIP Steering Committee. Jerry Passmore said that the last plan expired in 1999. He introduced AI Terry and Robert Bush, the consultant from Wilbur Smith Associates. He said that once the plan is adopted, it will go to the State as part of the planning process and to be eligible for continued capital acquisition of vehicles and continued funding for the Community Transportation Program. Commissioner Gordon said that she attended the meeting of the Transportation Services Board. She said that she covered at the beginning of the meeting what they need to know that is not in the packet. Her suggestion is to go ahead with the recommendations but add to the language. She suggested adopting #1 and #2, with an addition on #2, "with the condition that all expenditures are subject to the approval of the Board of County Commissioners." Also, adopt #3, and then add a #4, "Operational or service level changes contemplated as a result of CTIP findings and the recommendations will be further analyzed by staff and County management for any operating ar capital budget implications before formal action is requested of the BOCC. This analysis will include detailed financial analysis of the Hillsborough Express Route and the East-West Route." A motion was made by Commissioner Gordan, seconded by Commissioner Halkiatis ta: 1. Receive as information the Community Transportation Improvement Plan {2004- 2009} prepared by Wilbur Smith and Associates {Attachment 1). 2. Approve the recommendations of the Community Transportation Improvement Plan as supported and submitted by the Transportation Services Board and the CTIP Steering Committee {Attachment 2), with a condition that all expenditures are subject to the approval of the Board of County Commissioners. 3. Authorize transmission of the CTIP and approved recommendations to the North Carolina Department of Transportation as the five-year development plan far Orange County Public Transportation. 4. Operational ar service level changes contemplated as a result of CTIP findings and the recommendations will be further analyzed by staff and County management for any operating or capital budget implications before formal action is requested of the BOCC. This analysis will include detailed financial analysis of the Hillsborough Express Route and the East- West Route. Commissioner Jacobs said that the consultant and the Master Aging Plan recommend separating Aging and Transportation. He asked the Manager to work with Jerry Passmore on a timetable for when this is going to be considered. VOTE: UNANIMOUS C. along Kecommenaaiions - c.ivca uoini aiarr vvorK group The Board was to receive a report from a work group of County, Orange County Schools{OCS}, and NCDOT staff regarding siting of the County's planned Compressed Natural Gas {CNG) alternative fuel system for vehicles and direct staff to identify a funding source to cover the County's share, $50,000, of the project. DEFERRED d. Appointments A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to ga into Closed Session at 10:30 p.m. for the purpose of: "To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement an a tentative list of economic development incentives that may be offered by the public body in negotiations," NCGS § 143-318.11(a)(4). VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Chair Jacobs to re-adjourn into Open Session at 11:10. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Foushee, seconded by Chair Jacobs to adjourn the meeting at 11:10. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board system is the Orange County Dispute Settlement Center. He is not suggesting that the County take on these programs, he is just trying to give an early warning that some of these programs will expire if funding is not found. He gave some grant information to the Manager. Chair Carey said that he has worked with Judge Buckner on the justice partnership organization over the last few years and he said that Judge Buckner is going beyond the call of duty to help the County avoid some of the conflicts in the court system among the residents. He believes this is saving the County a lot of money. Chair Carey apologized for his cell phone ringing. He said that he was going to ask the Board tonight to amend the public charge to add an item about cell phones and ask people to turn them off or put them on vibrate. Bob Strayhorn said that ten years ago the Board appointed a committee to look at districting. He was appointed to this committee and they met and reported that districting would be a good thing in Orange County. There was no action taken. He thinks that the Shaping Orange County's Future Task Force had the same conclusion and that electing County Commissioners by district would be a good mane in Orange County. He is following up on this. He has found a great deal of interest in the community, and he brought 1,252 signatures with a resolution in support of districting. He introduced Lawrence Van Hoak, Bob Nutter, and Bill Faison, who have helped him in this endeavor. He said that he knows this is a change, but the rural area really believes that this is needed. They have an endorsement from the Schley Grange, the American Legion of Schley, the Cedar Grove Ruritan Club, the Efland Ruritan Club, and the Exchange Club of Hillsborough. He asked the County Commissioners to give this their deepest consideration. Chair Carey said that when items are brought to the County Commissioners for the first time at this time of the meeting, they refer them to the Manager and ask for a report at a later time. This is an emotional issue. North Carolina House Representative Bill Faison said that there are many ways to choose County Commissioners, and the rural areas in Orange County would like the opportunity to select from their community. He said that this is not an issue of control -Chapel Hill and Carrboro have the largest population within the County and they will always be able to select enough Board members so that area of the Caunty will ultimately control. This is an issue of representation. He knows that this can be done, and he deferred to Geof Gledhill to explain it. He said that people in the rural areas of the County feel disenfranchised because they lack the votes to select someone from their community to serve an the Board of County Commissioners. 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 in the last couple of months John Link has recognized County employees. He would like to recognize Jean Riley who answers the phone at the Health Department. He said that she was one of the kindest, most considerate, most courteous people that he has talked to in a long time. He said that she did not even know who he was. He said that he identified himself afterwards and thanked her for being so courteous and he told her that he was going to thank her publicly. He asked John Link to drop a note to Health Director Rosie Summers to tell her that Jean Riley is a wonderful representative of Orange Caunty government. He also thanked Rosie Summers, because when he got his flu shot he found that the Health Department had contracted service with a retired nurse to do the shots. He thought this was a very cost effective way of doing business. The next transportation item is the Durham-Chapel Hill-Carrboro Transportation Advisory Committee. She said that a representative on the Board of Transportation, Ty Cox, reported to them that he is going to talk with the Secretary of Transportation to try and find out the implications of the proposal by the Department of Transportation to correct the funding for the equity formula. She said that Division 5 may have received more money than it was supposed to get during a time period in the past. Therefore over a period of years in the future, perhaps millions of dollars will be needed from the Division 5 budget. It is hard to know how this will affect Orange County, because it is not in Division 5. Orange County is in Division 7. Commissioner Jacabs said that the Durham Freeway, where it merges into I-40, is a bottleneck. He asked if this has come up at the TAC, and he asked Commissioner Gordon to mention this and why the interstate is narrowed there. Commissioner Gordon announced that the Environmental Summit is on April 23rd at the Carrboro Century Center from 9:00 a.m. - 12:00 p.m. Chair Carey also commended Jean Riley as an excellent employee. Chair Carey said that he also received a couple of calls from senior center supporters who were irate. He tried to assure them. Chair Carey asked the Board to consider amending the public charge to add an item to request citizens to turn off cell phones and beepers or turn them on vibrate during meetings. The Board agreed. Chair Carey thanked the people who came out to the first County Commissioners' listening session on January 11t". He was pleased with the number of people that came and he and Commissioner Jacobs have shared the concerns that were expressed with the other County Commissioners. Where responses are appropriate, the individuals will be contacted. Commissioner Gordon said that she read the summary with interest and she asked if she could have the number of people that spoke to each issue. Chair Carey said that some of the dialogue was between the citizens that came. He said that they would be more clear in future summaries as to how many people spoke to each issue. Chair Carey added that the idea of the listening sessions came out of his running for office this past year, and Commissioner Jacobs suggested the form. Chair Carey said that the property revaluation notices went out earlier this month and he has received same calls with questions about this. He asked for citizens to call Tax Assessor John Smith with any questions. Chair Carey said that he has asked the Manager to develop a report to the Board on how the County implements the policy of employees who must work on days when all other County employees are not working because it is an official holiday. There was an incident on the Martin Luther King, Jr. holiday where he was publicly asked why some County employees were working and others were not. He did not know how to answer this. It is assumed that emergency services and public safety employees will need to work, but beyond that, he does not know. 4. County Manager's Report John Link said that he would follow up on all items that the Board brought up. He would take great pleasure in following up in the commendation for Jean Riley. He asked John Smith to stand and he gave his phone number, 245-2100, to call with any questions about tax valuations. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the Consent Agenda as stated below. The Board amended its regular meeting calendar for the year 2005 by adding a location for the Legislative Breakfast, on Monday, March 14, 2005, at 8:00 a.m. to be held at the Courtyard by Marriott, 100 Marriott Way, Hwy 54, Chapel Hill. m. The and the execution, by ERCD staff, of related documents necessary to accomplish the 1031 exchange; and authorized the County Attorney to acknowledge that Orange County received a gift of two acres of land from Julia Blackwood when it purchased the adjoining 67 acres of land from heron December 30, 2004. n. Agreement with Robert Segal CPA Firm for County Efficiency Assessment The Board authorized the Manager and staff to work with the Segal firm to develop and execute appropriate agreements, as described in the abstract, subject to final review by staff and the County Attorney. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: g_ Final Report on the Functions and Responsibilities of the Orange County Department of Human Rights and Relations The Board considered far approval the final report on the functions, responsibilities, and staffing of the Department of Human Rights and Relations and amending the County's Classification and Pay Plan to add the new class of LEP {Limited English Proficiency) Coordinator effective February 1, 2005. Commissioner Gordon asked about the staffing plan and the 4.75 positions. She made reference to attachment 4 and asked how the other positions are assigned. Human Rights and Relations Director Milan Pham said that the Civil Rights Specialist with a concentration on women's issues and the Civil Rights Specialist with a concentration on community relations are each full time. The ESL Coordinator position is only three-quarters time. Commissioner Gordan asked how much time the position with a concentration on community relations would spend on women's issues. Milan Pham said that it would be about 20°~. Milan Pham then described staff concentrations on women's issues per positions. The Civil Rights Specialist with a concentration on Women's Issues will spend about 65% on women's issues, The Director {Milan Pham) will spend between 40-50°lo an women's issues, the Civil Rights Specialist with a Concentration on Community Relations will spend about 20°f° on women's issues, the LEP position will spend about 20% on women's issues, and the Intake Specialist will spend about 50°~ on women's issues. Considering all the positions, more than one full time equivalent position will be devoted to women's issues. Commissioner Gordon said that she is happy to see this report and the full gamut of human rights and relations issues addressed. She was pleased to see the emphasis given to women's issues. Commissioner Jacobs thanked her for all of her work that went into this. He made an editorial comment, that it should say "verbal" information and not "oral" information. He asked if anyone oversees the handicapped accessibility of each department of County government. If not, he would like possibly the LEP person to do this. Milan Pham said that they have an ADA coordinator with the County. Jahn Link said that he will help heighten sensitivity with all department heads at the next department head meeting to make sure that these areas are addressed. Chair Carey said that the County has already made some appropriations and he asked Rod Visser to summarize what these were. Rod Visser said that the Board of County Commissioners adapted a Policy on Planning and Funding School Capital Projects in 2000, and the purpose was to have large projects brought back for County Commissioner appropriations of funding in several different phases. The County Commissioners have already approved the first two phases, which included money for land acquisition and design and preliminary grading. This phase includes the construction and is the largest portion. John Link pointed out page six where the project ordinance indicates the total cost through the last fiscal year was for site acquisition of $775,000 and fees and surveys of $50,000. Chair Carey said that the recommended actions da not include the provision that the work group continue to work on the outstanding issues, but it is implied because there is a lot mare work to do. Commissioner Halkiotis asked Chair Carey what his take was on this, since he was the representative on the work group. Chair Carey said that it has been swell-planned project and the cost overruns were outside of the control of the planners of the project. He thinks the letter from the Purchasing Director clearly identifies haw this project has been affected over the years. He would recommend that the County Commissioners fund the entire overrun of $3.5 million. He said that this project is consistent with the school construction standards. Commissioner Halkiotis asked if this would include the $350,000 identified by OCS, and Rod Visser said that the $3.5 million already considers the fact that OCS have identified the additional funds. Commissioner Halkiotis said that, regarding projected overruns with the two school projects and the senior center, that the County should monitor very carefully any leftover monies from all three projects. He said that usually the leftover money is looked upon at the end as some kind of magic prize. He said that anything left over in any of these three construction projects should go back into the County's pocket. Chair Carey said that the last phase is about not spending the leftover money before taming to the Board of County Commissioners. Commissioner Jacobs commended Superintendent Carraway for her letter responding to the Manager's request. He asked Purchasing and Central Services Director Pam Jones what they found on cost overruns. Pam Jones said that they found there was nothing that seemed out of line with other buildings that the County has done. County Engineer Paul Thames checked with DPI to find out the history, and 1996 was when the school construction standards were implemented. They observed that in 1996 there was not significant input about green building, whereas now there has been input. Some of these things cost money upfront, but save money in the long run. Commissioner Jacobs said that the Library Services Task Farce identified the potential to add a 5,000 square foot library and he asked if this building was amenable to this kind of addition. Ken Redfoot, the architect, said that it would have to be studied very carefully. He thinks it could be done. He proposed having the architects study the possibility. Geof Gledhill said that any additional square footage on that site would exceed the impervious surface requirements of the County regulations without a retention facility. Commissioner Jacobs said that they received an email from a neighbor regarding some runoff problems and this information was shared with the school system and they are working with DOT, the architect, and the County to try and remediate this situation. Commissioner Halkiotis said that he heard that the runoff may also be connected to the massive clear cutting that took place on the other side of the interstate, and that the watershed and the land's ability to hold back water has been severely in peril. There is also a small creek that runs near where the projected lift station is going to ga. It is in the wettest part of the whale Carrbora Century Center. Also, on February 27~" at 2:30 p.m. at New Hape Elementary School, the Commission will host its annual Pauli Murray Awards Ceremony. A motion was made by Commissioner Jacabs, seconded by Commissioner Halkiatis to approve a proclamation as stated below recognizing the month of February as Human Relations Month and authorize the Chair to sign. HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, the work of civil rights and social justice advocates continues to grow in complexity requiring increased diligence and attention as the country enters a period of retrenchment in civil rights legislation and policy; and WHEREAS, the Human Relations Commission believes that in order to achieve social justice and equal opportunity for all Orange County residents, we must first strive to identify the ways in which we have contributed to oppression and the ways in which we can dismantle it; and WHEREAS, the Human Relations Commission urges individuals and organizations to actively engage in the work of eliminating social injustice and oppression by challenging their assumptions and engaging their communities; and WHEREAS, the Human Relations Commission honors youth leaders, individuals, and businesses who exemplify the ideals of a continual commitment to justice and equality in the tradition of Dr. Pauli Murray with an award; and WHEREAS, the Orange County Human Rights and Relations Commission and Department have diligently served the County of Orange since 1995 and are committed to promoting equal treatment opportunity, and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status, and familial status: and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of goodwill among individuals, races, ethnic groups, and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status, or status with regard to public assistance; NOW, THEREFORE, We, the Board of County Commissioners of Orange County, North Carolina do hereby proclaim February 2005 as "HUMAN RELATIONS MONTH" in Orange County and challenge our residents to celebrate multiculturalism in our County by encouraging residents to embrace our diversity. This, the 24t" day of January 2005. VOTE: UNANIMOUS Commissioner Jacabs said that this Thursday is the 60t" anniversary of liberation of Auschwitz and he hopes that our country will not follow the example of inhumane treatment, torture, and other inappropriate actions toward others in the name of a higher purpose, which leads only to evil. He asked the Human Relations Commission to look into creating a Civil WHEREAS, the Planning Committee will be charged with developing a process far the creation of a 10-Year Plan to End Homelessness; NOW, THEREFORE, be it resolve, that the Orange County Board of Commissioners support the establishment of the "Partnership to End Namelessness in Orange County." This, the 24t" day of January 2005. VOTE: UNANIMOUS 7. Special Presentations a. Affordable Housing Performance Report The Board received the Annual Affordable Housing Performance Report from the Orange County Affordable Housing Advisory Board. Tara Fikes introduced the Chair of Affordable Housing Advisory Board, Martha Hoyleman. Martha Hoyleman introduced the 2005 calendar and the fiscal year 2003-2004 report. Jack Chestnut, an AHAB member, distributed the calendars to the County Commissioners. The calendar contains information concerning affordable housing in general, as well as information regarding specific projects and programs completed during the 2003-2004 fiscal year. The total amount of federal, state, and local dollars spent during this fiscal year was $943,662. A total of 25 new housing units were created, and 51 units were assisted through housing rehabilitation, urgent repair, individual development account program, and second mortgage assistance programs. The calendar also features the accomplishments of four housing non-profit organizations -Habitat for Humanity, Orange County Community Housing and Land Trust, Empowerment, and the Chrysalis Foundation. Also, the Town of Chapel Hill's Community Development Program is featured. She thanked Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough and the five non-profit organizations listed on the first page of the calendar. Commissioner Jacobs said that this would be a goad candidate far an award from the North Carolina Association of County Commissioners. The deadline for submission of nominees is January 31St. He encouraged someone to work with Tara Fikes to get an application in for this. 8. Public Hearings -NONE 9. Items for Decision--Regular Agenda a. Twin Creeks Park -Follow-up Report and Potential Decisions The Board considered follow-up information of the Twin Creeks (Moniese Nomp*) Park and Educational Campus project, with passible decision points and providing direction to staff. Environment and Resource Conservation Director Dave Stancil said that this is a follow- upfrom the December 6t" meeting when the Board considered the Twin Creeks plans and received a report on information requested in June 2004. Mast of this was addressed in the presentation on December 6t". The new information begins on page four of the agenda abstract. He painted out that Design #1 was created by the CHATPEC work group in 2003 (page 33). Design #2 is the staff-created design that was developed this summer after the Board asked for an alternative scenario. This was presented in October and December (page Commissioner Halkiotis made reference to page six, the second paragraph, where it states, "Staff's initial reading of Plan #3 appears to indicate that some park facilities would be difficult, if not impossible to design on the northern portion of the site." He asked what this meant. Dave Stancil said that they could possibly lose a field or end up with a design that was not cost effective. Commissioner Halkiotis said that Commissioners Gordon and Brawn served on the work group with a lot of other representatives in the County, and he was struck by what Jay Bryan had said about walkability. He does not mind doing something on the upper end, but he has a problem doing something on the lower end. Commissioner Jacobs said that he would propose Option C1 because if it is going to be broken down, then they should start from scratch and mix and match. He is also concerned about the impact on some of the other park projects, especially Fairview Park. He also thinks the issue of walkability is a factor, but it should not be the driving and determining factor. He also thinks that the County made a commitment to the soccer community for more fields. He proposed a specific charge to a group for a limited period of time. He proposed that the group come back at the County Commissioners' April 12t" meeting, and that the Chair or his designee and one other County Commissioner serve on the group. He listed his proposed charges: to move the elementary school down to the southeastern part of the property where a future educational facility was designated; leave the four-field configuration intact; consider the action sports projects proposed and where they might be cited; look at whether the stadium might be brought closer to the other active recreation facilities; and receive written comments only unless it chooses otherwise. He said that this is a good compromise and still moves the project forward. Commissioner Gordon emphasized that it was Carrboro's plan to have the school and park in these spots. The reason the park was designed this way is the Board of County Commissioners approved apre-concept plan. She agreed with Commissioner Halkiotis in doing Option A or B. She said that it sounds like Commissioner Jacobs is really talking about Option B. She does not want this to interfere with other projects. She thinks the current design is a goad design. Regarding safety, if the school site and the park site are mixed, it is a safety issue. She made reference to the incident at Frank Porter Graham where someone came from an apartment complex and tried to take a child. She said that it would be better to have the school site in a place that is not accessible for people just hanging out. She supports Option A or B. She would like to serve on the work group. Commissioner Foushee said that she supports Option B and she also supports the thrust of Commissioner Jacobs' proposal. She also has a passion for walkability and she has seen large numbers of children walk to the school at Southern Village, Ephesus Road Elementary, and McDougle Elementary. She would like to charge a group to evaluate some type of balance between suitability and walkability in the spirit of compromise. Chair Carey said that he agreed with most of what he has heard and he would support Option B. He came in tonight prepared to support Option A. He said that if the representatives of all of the other constituent groups (soccer, Fairview, etc.) knew that the time would be extended for at least 12 months, they would have flocked to this meeting. He will go along with Option B, especially if it is limited to no more than three months. Commissioner Halkiotis said that he endorses Option B and he thinks that it can incorporate just about everything Commissioner Jacobs said, including investigating opportunities for the action sports proposals. He suggested that Chair Carey and Commissioner Gordon serve on the work group and make sure that it does get done in a specific period of time, and the Board agreed. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to approve Option B, with the considerations as stated by Commissioner Jacobs above, and that the work group would come back with a recommendation by April 12t" (1) Nursing Home Community Advisory Committee -Two New Appointments The Board considered new appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Arthur St. John to the at-large position and Pamela Pierce Durham to the Nursing Home Administration position, to terms expiring January 31, 2006. VOTE: UNANIMOUS (2) Commission for the Environment -One New Appointment The Board was to consider one new appointment to the Commission for the Environment. DEFERRED [3) EflandlMebane Small Area Plan Task Force -Three New Appointments The Board considered new appointments to the Efland/Mebane Small Area Plan Task Force. A motion was made by Chair Jacobs seconded by Commissioner Gordon to appoint Pete Hallenbeck to the at-large position, Alois Callemyn to the Economic Development Commission position, and Michelle Kempinski to the Commission for the Environment position. VOTE: UNANIMOUS [4) Intergovernmental Parks (IP) Work Group -New AppointmentslReappointments The Board was to consider reappointments and new appointments to the Intergovernmental Parks Work Group [IPWG}. DEFERRED (5) Orange CountylChapel Hill Visitor's Bureau -One New Appointment The Board was to consider one new appointment to the Orange County/Chapel Hill Visitor's Bureau. DEFERRED (6) Recreation and Parks Advisory Council -Three New Appointments The Board was to consider new appointments to the Recreation and Parks Advisory Council. DEFERRED (7) Workforce Development Board Regional Partnership -One New Appointment The Board was to consider one new appointment to the Workforce Development Board. DEFERRED (8) Arts Commission -Four New Appointments The Board was to consider new appointments to the Arts Commission. DEFERRED (9) Economic Development Commission -Four New Appointments The Board was to consider new appointments to the Economic Development Commission. DEFERRED 1 Q. Reports -NONE 11. Closed Session