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HomeMy WebLinkAboutMinutes - 20050215APPROVED 4/12120 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 15, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 15, 2005 at 7:30 p.m. at the Southern Human Services Center, in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses 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 Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING 1. Additions or Chanaes to the Aaenda Chair Carey made reference to item 5-f, which deals with changing the calendar to have a meeting on February 28t". The report for the Educational Excellence study cannot be presented on February 28t", and he emailed the County Commissioners asking them to consider either March 15t" or March 22nd at 5:30 p.m. This agenda item needs to be changed to one of these dates instead of February 28t" PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aaenda NONE b. Matters on the Printed Aaenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Gordon said that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee met recently. The County Commissioners get a report of these meetings from Karen Lincoln. She highlighted that they talked about the metropolitan area boundary and that it was decided not to expand it farther than Orange County, but that they would look at it later. There is apparently an issue that has to do with air quality conformity and the Burlington MPO. It will be brought back to the TAC with further information about the Burlington MPO status. Chair Carey reported that he attended the first Triangle ChairslMayors meeting. He will be writing a memo on this subject. They invited DOT officials to the meeting and he learned that Orange County is doing better intro-county linkages than its counterparts, but it is not doing as well across county lines. He learned about the opportunity of participating in a coordinated study that includes transportation systems in Durham, Wake, and Orange Counties. The study is funded by DOT. The Board will be able to determine what it wants to have studied. He said that this was timely because the Board has been considering whether to separate the transportation program from the Department on Aging. More information will be forthcoming. 4. County Manager's Report John Link invited Board of Elections Director Carolyn Thomas to come forward. Carolyn Thomas said that the Board had questions about provisional ballots and how they are processed. She said that there were only 905 provisional ballots in Orange County in the past election. Of those, 357 were accepted. The majority of these were people who had moved from one precinct to another and would have received the same ballot no matter what. The ones that were rejected were people that no longer lived in Orange County ar people that have not voted in the last 15-16 years. She said that everything went smoothly. Commissioner Gordon said that she was interested in the early voting. Carolyn Thomas said that they had 33,000 early voters. The machines were not set up to distinguish between precincts in this early voting. They are working on the machines to be able to distinguish this in the future. The precincts can be distinguished after the fact through the paper trail. Commissioner Gordon said she was interested in getting the early voting results by precinct. Commissioner Jacobs said that he is interested in this also, but he wants to know how much time it would take and how much it would cost. Chair Carey agreed. Commissioner Jacobs said that one of the bills that came out of the Electronic Voting Systems Committee addressed the concern that after the election there was a lot of counting to do and not much time with the early ballots because they were not allowed to open them until 2:00 p.m. on election day. There is a bill to allow boards of elections to count the ballots earlier. Chair Carey asked Carolyn Thomas to work with the Manager on bringing information back an the costs and time associated with distinguishing the early votes by precinct. 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: a. Minutes The Board approved the minutes for January 22 and 24, 2005, as submitted by the Clerk to the Board. b. Appointments (1 } Orange County(Chapel Hill Visitor's Bureau -One Reappointment The Board reappointed Frances Dancy to a second full term ending December 31, 2007 to the Orange CountylChapel Hill Visitor's Bureau. c. Amend Public Charge to Include Silencing Electronic Devices This item was removed and placed at the end of the consent agenda for separate consideration. d. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 105 requests for motor vehicle property tax releases or refunds in accordance to North Carolina General Statutes. e. Advertisement of Tax Liens on Real Property The Board considered two changes in the County Commissioners' regular meeting calendar for the year 2005, swapping the locations for the May 31 St and June 2nd Budget Public Hearings. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to amend their regular meeting calendar changing the locations of the two Budget Public Hearings: the May 31St Budget Public Hearing would change to Southern Human Services Center (it was previously scheduled for Hillsborough} and the June 2nd Budget Public Hearing would be changed to the F. Gordon Battle Courtroom in Hillsborough, North Carolina (it was previously scheduled for Chapel Hill). Also, to approve adding a dinner meeting on March 15, 2005 at 5:30 p.m. at the Southern Human Services Center. VOTE: UNANMOUS h. Budget Amendment #8 The Board considered approving budget, grant project, and capital project ordinance amendments for fiscal year 2004-05. Commissioner Jacobs painted out that the Board continues to provide funding for CHCCS High School #3. This will bring the appropriations to $6.4 million. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve budget, grant project, and capital project ordinance amendments far fiscal year 2004- 05 for Library Services, Department on Aging, CHCCS High School #3, and the Health Department. VOTE: UNANIMOUS i. 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. Commissioner Gordon asked far the opinion of Planning Director Craig Benedict about whether this will work out for Orange County. Craig Benedict said that it will work, and the staff will be diligent to receive any plans that come through Durham and provide comments in a timely manner. He said that this is a good opportunity to begin other types of land use coordination. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt a Resolution Establishing the Intent of Durham County, Durham City, and Orange County to Cooperate with Regard to Planning Issues in Certain Defined Areas as stated below: A RESOLUTION ESTABLISHING THE INTENT OF DURHAM COUNTY, DURHAM CITY, AND ORANGE COUNTY TO COOPERATE WITH REGARD TO PLANNING ISSUES IN CERTAIN DEFINED AREAS Whereas, the governing bodies of Durham County, NC; the City of Durham, NC; and Orange County, NC desire to foster good relations; and Whereas, all three governing bodies and their staffs wish to engage in a process of mutual dialogue to obtain a better understanding of the needs and goals of each community; and Whereas, all three governing bodies seek to have appropriately planned development far their respective areas; and Commissioner Jacobs said that he read in the newspaper that Hillsborough has a proposal fora 200+-unit housing development. He asked if this information has been received as part of courtesy review. Craig Benedict said that they have not received this information, but that he also saw it in the paper, and they are continuing coordination with Hillsborough to be as timely as passible. Commissioner Jacobs said that this is disappointing. He suggested bringing this issue up at the meeting with the Hillsborough Town Board on Thursday. 6. Resolutions or Proclamations a. Resolution Honoring Kingsdown, Inc. The Board considered a resolution recognizing Kingsdown, Inc. for outstanding corporate citizenship for the purchase and renovation of a previously vacant industrial property in Orange County and for its focus on employees as its most critical resource. Economic Development Director Dianne Reid and CEO of Kingsdown, Inc. Eric Hinshaw came forward. Dianne Reid gave the history of the renovation of this building. Eric Hinshaw thanked the Board far this recognition. He said that they are an employee owned company and it is very important for them to have a wonderful facility and a cooperative county like Orange County. He said that they have a health and wellness program and an excellent fitness facility for their employees. Commissioner Foushee read the resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adopt a resolution recognizing Kingsdown, Inc. for outstanding corporate citizenship for the purchase and renovation of a previously vacant industrial property in Orange County and for its focus on employees as its most critical resource as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION HONORING KINGSDOWN, INC. WHEREAS, Kingsdown began making mattresses in Mebane by hand in 1904, using materials such as corn husks and horsehair insulation; and WHEREAS, 100 years later -though the materials have evolved -Kingsdown mattress sets are still handcrafted; and WHEREAS, the company has developed and patented the "Sleep to Live" sleep system and grown from a Southeast regional company to one with distribution in 17 countries within Asia, the Middle East, Canada, South America, Australia, and Europe; and WHEREAS, Kingsdown now has facilities in Florida, Virginia, Tennessee and Oklahoma; and WHEREAS, the company has been employee owned since 1985, governed by an Employee Stock Ownership Plan (ESOP); and WHEREAS, Kingsdown purchased and completely renovated the former Royal Home Fashion plant on Oakwood Street Extension in western Orange County last year to house its mattress manufacturing; and WHEREAS, Sergeant Wagner carried out his duties of combat patrolling, force protection, convoy security, and fire marshal with competence and courage in a hostile fire zone; and WHEREAS, Sergeant Wagner and his fellow unit members returned from overseas service in early 2005; and WHEREAS, Sergeant Wagner returned safely to resume his duties as Orange County's Assistant Fire Marshal in early February 2005; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby express its gratitude and appreciation to Jerry Wagner for his selfless service, dedication to duty, loyalty, and bravery in representing his community and his country while promoting the development of democracy in Iraq. This, the 15th day of February, 2005. VOTE: UNANIMOUS 7. Special Presentations a. Orange County Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Orange County Arts Grants. Dianne Reid explained the process of selecting the recipients of the grants. She said that the application is downloadable. There is always an information session six weeks before the application deadline for people interested in applying. Arts Director Martha Shannon said that in the fall they had 24 requests totaling $25,920. They were able to partially ar fully fund 22 of these requests, totaling $18,856. Chair Carey announced the recipients of the grants as follows: Carrboro Arts Committee - Cedar Ridge High School Winter Drumline - Chapel Hill Community Chorus - Iris Thompson Chapman - CHICLE Institute - Choreo Collective - Deep Dish Theater Company - {not present} Footnotes Tap Ensemble - Friends of the Carrboro Branch Library - Robert Gilgor - Grady A. Brown Elementary School Cultural Isabella Women's Solo Vocal Ensemble - Cornelia Kip Lee - NC Youth Tap Ensemble - Patrick Herron Eric Hoefler Jim Wright Andrea McAfee Miriam Palacio Bridget Kelley & Sarah Covington Eliza Parker Nerys Levy & Jake Lehrer Nerys Levy & Bryna Gilgor Enrichment Committee - Libbie Hough Mary Lycan Cornelia Kip Lee Laura Matrazzo, Kara Stith, & Luke Hicke One Song Productions - Kiernan McGowan & Tamsin Green Orange County Artists Guild - Anita Mills PlayMakers Repertory Company - (not present) Andrew Ross - (not present) Southern Review. Inc.- Charleen Swansea TriangleSings! - Carol Robbins Adam Sobsey - (not present) Women's Voices Chorus - Mary Lycan b. OWASA Presentation on its Mitigation Lands and Utility Extension Reimbursement Policy The Board was provided information and an opportunity for discussion on issues -use of Orange Water and Sewer Authority (OWASA) wildlife mitigation lands and OWASA utility extension reimbursement policy -raised by the Board by means of a letter from the Chair to OWASA and provided feedback to staff. OWASA Board Chair Mark Marcoplos highlighted issues that OWASA is dealing with. The reuse project is moving along and they received a $1.8 million grant from the North Carolina Clean Water Management Trust Fund followed by $645,000 from the Federal Environmental Protection Agency due in large part to Congressman Price's advocacy of the project. The project will be completed around 2007 and will save OWASA 500-700,000 gallons of water a day, which is roughly 8% of their demand. There is also very good cooperation with the University on this project. The first annual Sustainability Report will be distributed soon. Another major project going on is at the Mason Farm Wastewater Treatment Plan, which is a $45 million upgrade. This is also slated to be finished around 2007. They are looking at an interim milestone for odor improvements completed toward the end of this year. Recently, there was an issue with same customers on the Orange/Chatham County line at Starpoint. They are in Chatham County but on the OWASA system and the pressure was a problem because they are up on a hill. This problem is very expensive to fix, and they discussed with the residents and Chatham County and the residents will now be served by Chatham County. Bernadette Pelissier, Orange County representative on the OWASA Board, spoke about the water conservation goal and said that they have been looking at water conservation management practices. They have to figure out which ones to implement. The first one they selected was the water reuse project, and they need to do something beyond that and develop a goal statement for water conservation. She read the proposed general goal, which has not been approved by the board yet, but has been discussed several times. The goal is "To develop, fund, and implement acost-effective water conservation and demand management program that meets our community's long-term water needs (through the year 2050} by making the highest and best use of our local water resources, and eliminate the need for costly new water supply sources and facilities." She said that they do not want to have to find any other water resources beyond what they already have in Orange County, which includes University Lake, Cane Creek Reservoir, and the stone quarry. The major goal is to defer expansion of the water treatment plant by minimizing peak demand. Bernadette Palissier made reference to the mitigation land. She said that the original agreement with the reservoir was that OWASA would provide hunting around the reservoir. The permit should have said that there would be hunting on the mitigation land. They have had the North Carolina Wildlife Resources Commission to come to their board, and the Natural Resources and Technical Systems Committee has discussed this at several meetings and has made progress. They made a general proposal to the Wildlife Resources Commission to have deer hunting through most of the season (bow and arrow} with one week of muzzle loading hunting, which would require a permit. This would occur three days a week. The Wildlife Resources Commission has agreed to have a local public hearing on March 8t" at the Cane Creek Community Center. She said that this provision would be helpful because at this time there are all-terrain vehicles that come onto the land and OWASA does not have law shortly, and there are a lot of overlaps with OWASA's information. There may be places where some partnerships could be affected. He suggested that the two entities get together in channeling the information. Commissioner Foushee asked about the mitigation tract and what will occur after the public hearing on March $t". She asked how long it would take from the public hearing before the proposal is brought before the OWASA board. Bernadette Pelissier said that it would be about a month. Chair Carey shared Commissioner Jacobs' sentiment about the reimbursement policy. He asked if this was a decision that the OWASA board made recently. Bernadette Pelissier said that they discussed it at their last meeting, and it appeared that the majority of the board members would prefer to leave the policy as the status qua. Mark Marcoplos said that they revisited it, knowing that they would be in front of the County Commissioners tonight, and there was a consensus to not suggest any changes at this time. He knows that the issue deserves more discussion. Chair Carey asked how they plan to provide public notice about the public hearing on March 8t". Mark Marcoplos said that they are partnering with the wildlife commission. It is not technically a public hearing, but a community meeting. There will be a lot of publicity. Chair Carey agreed with the suggestion of further discussion of using the mitigation lands during the off-season for hunting. Commissioner Halkiotis said that the opportunity to hunt the OWASA lands has been an issue for several years. He asked if there has been a situation of illegal hunting an this land and Mark Marcoplos said that they have no facts, but there is evidence. Commissioner Gordon made reference to the reimbursement issue and said that as lines are extended, the question is who can tap on to them. She would like for OWASA to consult with attorneys on this issue and determine whether someone could force atop-on. Commissioner Gordon made reference to the Commission for the Environment and said that there are several components of the Water Resources Initiative, and the most related goal is the section on droughts and flooding. This initiative has been approved by the Commission far the Environment and will be going to the Board of Health for discussion. Mark Marcoplos said that they welcome more input from those boards. Commissioner Jacobs said that if they do partner on the mitigation lands, the recreation would come under the auspices of the County and OWASA would not be expected to pay for that. 8. Public Hearinas a. Orange County Consolidated Housing Plan The Board received comments from the public regarding the housing and non-housing needs to be included in the 2005-2009 Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2005-2006 HOME funds. Housing and Community Development Director Tara Fikes summarized the information in the agenda abstract. The County last completed a plan in 2000, so HUD requires a new plan by May 13, 2005. In addition to the public hearing, they will hold two community meetings - February 22"d at Orange County Public Library Conference Room and March 1St at the Southern Human Services Center. PUBLIC COMMENT: Ann Henley, Vice-President of Inter-Faith Council for Social Service, read a prepared statement. She said that there have been discussions of the growing problem of homelessness and the future direction of the IFC in Orange County. A report was completed, and the group met in August 2004 with the Board of Directors. There are core elements of the plans, as follows: - development of a new Men's Residential Facility offering emergency and longer term housing services and a progressive program model equivalent to IFC's HameStart program for women and children; - establishment of a Comprehensive Services Center, to include consolidated food (kitchen/pantry) services; an intensive case management component; employment training and placement; and an emergency assistance and communications center; - creation of a strong Community Involvement component; and - the enhancement of the HomeStart program. She spoke about IFC's central principles and what has happened over the past five months, such as: - there is close collaboration with local officials to evaluate (zoning/site developmentlcost issues) three potential sites for the Men's Residential Facility; - The Board of Directors is having frequent discussions about use of our Carrboro property for a Comprehensive Service Center; - Funds have been obtained from a foundation for a capital feasibility study; and - Avolunteer-driven Community Involvement component is being developed to raise community awareness about the homeless. Also, IFC and Orange County's HUD Continuum of Care group have joined to create a Community Initiative to End Homelessness to serve as the umbrella for creation of a 10-year plan to end homelessness and follow up on outcomes from the recent community roundtable on homelessness. IFC asks that the County Commissioners and other local administrators recognize that homeless persons are in urgent need of continuum of services and they ask that these unmet needs and activities be included and addressed in the 2005-2009 Orange County Consolidated Housing Plan. Dennis Bradshaw is the Executive Director of Residential Services, Inc. They have been providing residential services for the developmentally disabled in Orange County for 31 years. He wants to make sure that the needs of people with developmental disabilities and other disabilities are not lost in the process. He said that there are more than 30 local people on waiting lists far their services alone. He made reference to a recent article in the Wall Street Journal where a nationwide survey showed that there are 80,000 people with developmental disabilities that are waiting for services. Even mare unknown is the number of people living with families that have aging caregivers. The article cited that there are 700,000 people in the United States whose primary caregiver is 60 years of age and older. These individuals will need services at some point because their caregivers will no longer be able to take care of them. He asked that this need be recognized. Robert Dowling, Executive Director of Orange Community Housing and Land Trust, spoke regarding the consolidated plan. He said that he understands that Tara Fikes has engaged the services of a private consultant to help with a needs assessment. He said that the consultant could tell what the true needs are. He said that the County Commissioners' task farce of 2000-2001 made rental housing a priority and that all of the agencies that do affordable housing have a difficult time providing rental housing. He said that Orange Community Housing and Land Trust have mostly worked with home ownership over the last few years and there has been tremendous growth, which has been a strain. He said that they would be asking for same operating revenues from the HOME funds and also some funds for Northside. 9. Items far Decision--Regular Agenda a. Proposed Public Route between Hillsborough and Chapel HiIIlCarrboro The Board considered a request to approve a proposal to be presented to the Triangle Transit Authority (TTA) Operations and Finance Committee (and later to the full TTA Board) to establish a regular public route providing bus service between Hillsborough and Chapel Hill/Carrboro. Orange Public Transportation (OPT) would provide matching funds and operate the route under authority of a Memorandum of Understanding or contract with TTA. Transportation and Department on Aging Director Jerry Passmore said that Patrick McDonough was in attendance from TTA. Transportation Manager AI Terry was also in attendance. He said that this is an exciting opportunity for a partnership with TTA. He said that today the Transportation Services Board approved this proposal. The proposal will move forward to the Operations and Finance Committee of TTA. Commissioner Gordan {Orange County's representative on the TTA Board of Trustees) said that the Hillsborough to Durham route was canceled not long ago by TTA, but in the process she requested that TTA would work with Orange County to figure out an appropriate service. She appreciates what the staff has done. She would like to see the development of an east-west route from the MebanelEfland area all the way to Durham at some later date. Jerry Passmore said that the intent is to have locations such as the Sportsplex and downtown as transfer points. Commissioner Jacobs asked about the projected increase in riders. Patrick McDonough said that it is harder to forecast in rural areas. He said that they conducted a survey of Orange County employees on public transportation. One of the biggest issues for not using OPT was because it is slow. There are 33 daily riders. They hope that this service will open up new capacities. Commissioner Jacobs asked about the time to go from downtown Hillsborough to Southern Human Services Center and it was answered 35 minutes from NC 86/70 to UNC Hospitals. Commissioner Jacobs said that when the community college is opened, there would be a significant increase in demand for this route. He made reference to the two options and said that if this route ends before the community college opens, the route may be doomed by trying too early. He asked if TTA would be looking at this. Patrick McDonough spoke at length about service standards and how routes are improved. He said that having a demonstration route would not mean that it would be canceled in a year. They will continue to look at this service to see how it is doing. He said that the key difference with the demonstration route is that there is a message up front that this project could be short term. The only reason they put this route as a demonstration is because funding for TTA is tight. He thinks this route will be very successful. Commissioner Jacobs said that he does not want to do the demonstration route, or even a one-year project and have it wind up being like the route that went to Duke Hospital. He said that when the community college opens, it would have a large likelihood of success. Commissioner Gordon said that the key is to get it going and that by the time the community college opened it would be in place. This service would start in August and the community college would be opened a year later. She recommends asking for the regular service and letting it go through the Operations and Finance Committee at TTA and see what happens. If it looks like the route could make it without the community college, then it could start in August 2005. It could always be an option to wait for one year. Patrick McDonough said that this route was designed to be successful without the idea of the community college. They look at the community college as a bonus. entire facility. The General Manager would also be responsible for the hiring of Sportsplex staff. The individual would interact routinely with a member of County management, the contracting company being ultimately responsible to the Board of County Commissioners. The contract would include frequent reports from the General Manager to the County on financial activity and programming. Consideration should be given to the formation of an advisory group of some nature to the Board of County Commissioners to interact with the General Manager on a regular basis. Regarding debt, there is a loan guarantee program of up to 90°~ for participating financial lending institutions through the U. S. Department of Agriculture -Rural Development Guaranteed Community Facility Laan Program. This loan is available if a lender will make certain that, absent the USDA guarantee, that the loan would not be defaulted on. Given Orange County's outstanding credit rating and its excellent financial management, the staff thinks it is inconceivable that Orange County would ever default on Orange County debt. If the Board of County Commissioners decides that it wants to pursue direct County ownership, the loan guarantee aspect may not be useful or appropriate. Any debt would require Local Government Commission approval. LGC and County staff concur that accounting for the Sportsplex operation would be appropriate in an enterprise fund, which is similar to how Orange County accounts for the solid waste and recycling operations. Regarding the timeline, it is expected that the two firms will finish their assessments by the end of February or early March. County staff are targeting the March 15t" County Commissioners' meeting to report back on the financial and infrastructure assessments, and for the Board of County Commissioners to decide to pursue or not the acquisition of the Sportsplex property. During the next month, there will be discussions with Eaton Vance about whether a new or interim agreement should take effect after March 2005. If the Board determines to acquire the property, extensive additional work will be needed in the coming months. Commissioner Gordon asked Rod Visser to write all of what he said down and to give the Board the pros and cons of the ownership structure. Commissioner Gordon said that it is important that the Board be given the earnings potential. She would also like to see an audit. The value of the building is partly affected by the earnings potential. She would have to see some solid evidence to be convinced that the County should pay $6 million for this property. She would like to know what Eaton Vance paid for this when it was originally purchased. She would also like to have a concrete statement about what the subsidy is expected to be with the senior center and the Sportsplex. Commissioner Gordon asked about the Linked Economic Development and Affordable Housing Foundation and why they are doing the overall project management for the due diligence. Rod Visser said that it is because of Executive Director Jeff Thompson's terrific skills in doing this. They da not have a direct financial interest in doing this. Commissioner Gordon said that back when the County originally got the Sportsplex, she thought it was a wonderful idea to have a recreational facility. However, she did not think the deal was structured very well financially. She does not want this to happen again. She wants to make sure that the deal is done right this time. She knows that Eaton Vance will want top dollar for this, and she suggests that the County be a really tough negotiator. Commissioner Halkiotis said that he would like to include the historical narrative far the $400,000 and what it purchased, i.e., the public purpose component of accessibility to citizens in central and northern Orange to have the same quality of life issues as enjoyed by citizens in southern Orange County. Regarding the subsidy issue, he asked Rod Visser to include the current subsidies from the Chapel Hill Town Council to subsidize swim opportunities at the Elliot Road pool, anticipated subsidies for the new pool that is going to be built, and any information from adjoining counties with respect to what they are subsidizing far water opportunities. He would expect that the subsidy for Elliot Road alone would be at least $400,000. Rod Visser said that it has been the experience that pools do not pay for themselves. He will bring this information. Commissioner Jacobs added that he shares the staff's confidence in Mr. Thompson's expertise. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the Manager's recommendation to authorize an additional $10,000 far due diligence analysis. Commissioner Gordon supports what Commissioner Halkiotis said that there are subsidies, but she does not see any reason for the County to pay Eaton Vance any more for this Sportsplex than it needs to. VOTE: UNANIMOUS c. Appointments (1) Twin Creeks Master Plan Work Group-Six New Appointments The Board considered making new appointments to the Twin Creeks Master Plan Work Group. A motion was made by Commissioner Halkiotis seconded by Commissioner Foushee to appoint: Commissioner Gordan and Chair Carey as the BOCC representatives; Nick Didaw and Pam Hemminger as the Chapel Hill- Carrboro City Schools representatives; Patrick Sullivan as the Recreation and Parks Advisory CounciUCHATPEC representative; and Johnny Randall as the Commission for the EnvironmentlCHATPEC representative. VOTE: UNANIMOUS 10. Reports a. Interim Stewardship Plan for Blackwood Farm The Board was to receive and consider approval of a draft plan for the County's ongoing care and maintenance of Blackwood Farm during the interim period prior to park development. DEFERRED 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adjourn the meeting 10:30 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board Commissioner Halkiotis would like to add "please" and "thank-you" to the signs that ask people to turn their cell phones off before entering the meetings. He wants to be respectful and polite. Commissioner Halkiotis said that he met with the Kitchen Committee at the Chapel Hill Southern Orange Senior Center today and he assured the seniors that the County was moving along. He said that three seniors thanked him and the Board for making sure the center gets built. He said that, during the meeting, some bad news came up. He distributed a copy of the Senior Times to each County Commissioner and said that over the years, the Orange County Department on Aging and senior citizens in the County were getting a good deal from the former owners of the Durham Herald Sun. Under the new ownership, the price of the Senior Times is going up. He suggested that the Manager ask Department on Aging Director Jerry Passmore to give a report on the full financial impact of this. He is concerned about this. He hopes that the new owners of the Durham Herald Sun would see what a wise investment it is to help put this paper together. Commissioner Foushee - no comments. Commissioner Jacobs pointed out the pink sheet on bio-solids and a booklet on the Little River Regional Park. He said that at the work session last week, the County Commissioners got a report on the usage at the park. The booklet is a replication of that report. He asked staff to send a copy of it to the Chair of the Durham County Commissioners. It shows the information such as vehicle and visitor counts. There have been 4,084 visitors in less than two months since the park has been open. The majority was from Durham and Chapel Hill. Commissioner Jacobs said that he would like staff to inquire if the Chapel Hill newspaper or anyone else may want to undertake the publication of the Senior Times. Commissioner Jacobs said that there was a meeting last week of the Northern Center Park Planning group and he and Commissioner Halkiotis attended. Staff gave a presentation of three options. The next meeting is on March 10t" and then it will come back to the Board of County Commissioners with the costs included. Commissioner Jacobs said that tomorrow night there is a meeting from 6:00 - 8:00 p.m. at the Chapel Hill library to talk about the social justice goal. There will be a presentation from members of the UNC faculty. This grows out of the discussion at a retreat several years ago. Commissioner Jacobs said that he and Chair Carey met with Reggie Holley, who works for Senator Dole. They discussed trying to work together with Senator Dole in the same way that they have worked with Representative Price. At the legislative goals meeting later this week, they will try to identify some potential areas of cooperation. Commissioner Jacobs said that the Human Rights and Relations Month kickoff was two weeks ago and it dealt with prison issues. It included a women's theater group from the women's prison in Raleigh and also a presentation by a professor from Wake Forest. He asked staff to do a report on how and whether the County uses prison labor. Commissioner Jacobs said that the Electronic Voting Systems Committee would be proposed to become a permanent committee. They were able to write in that, as systems are upgraded, the State will use monies that it is getting from the federal government to help maintain a paper trail for all votes and also to make sure that machines are accessible. There are people from the State Board of Elections that are opposed to the paper trail system, and it narrowly passed 6-5. The current system is highly reliable in Orange County. Chair Carey commended the Human Relations Commission for the kickoff of Human Rights and Relations Month. He said that the event was very enlightening and informative. The Pauli Murray Awards ceremony will be on February 27t" at New Hope Elementary School. Chair Carey asked that any Board member let him know about any ideas or comments for the legislative agenda. There is a very short turnaround time for requests. Greg Wilder will be working with the Manager on this effort. The Board accepted a report on the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute 105-369 and set March 16, 2005 as the date for the tax lien advertisement. f. Change in BOCC Regular Meeting Schedule This item was removed and placed at the end of the consent agenda for separate consideration. ,~ BOCC Contribution far the Orange County Jazz Festival The Board received information and approved providing financial assistance of $5,000 from the Commissioners' Contingency far the second annual "Cool Jazz" Festival held at River Parkin Hillsborough. h. Budget Amendment #8 This item was removed and placed at the end of the consent agenda far separate consideration. i. A Resolution Establishing the Intent of Durham County, Durham City, and Orange County To Cooperate With Regard To Planning Issues in Certain Defined Areas This item was removed and placed at the end of the consent agenda for separate consideration. L Contract Amendment: Norco Holdings for Waterstone Property The Board approved an amendment to the purchase contract with Norco Holdings for property to be used at the Waterstone development for the Durham Technical Community College-Orange County Satellite Campus. The amendment stated that the closing be delayed until no earlier than April 15, 2005 {the Community College project will not be adversely affected by this requested delay by the developer}. k. Approval of Permanent Full-Time Parks Conservation Technician Position The Board approved a permanent full time Parks Conservation Technician position in the Recreation and Parks Department, effective March 1, 2005, and authorized the release of $16,547 from the budgeted reserve to fund the position effective March 1, 2005. I. Notice of Public Hearing on Orange County's 2005 Legislative Agenda The Board directed the Clerk to the Board and the County Manager, on behalf of the Board of Commissioners, to publish a notice of the Board's intent to hold a public hearing on March 1, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom at the Courthouse in Hillsborough, North Carolina to receive public comments on potential items for inclusion in Orange County's legislative agenda package for the 2005 North Carolina General Assembly Session. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Amend Public Charge to Include Silencing Electronic Devices The Board considered an amendment to the Public Charge for BOCC meetings to include a statement covering the silent use of electronic devices. Commissioner Jacobs suggested adding the word "please" before "be turned off." A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve an amendment to the Public Charge for BOCC meetings to include a statement covering the silent use of electronic devices, and to insert the word "please". VOTE: UNANIMOUS f. Change in BOCC Regular Meeting Schedule Whereas, all three governing bodies currently carry out established public review processes on planning activities that provide an opportunity for public review and comment from citizens as well as from other jurisdictions; and Whereas, all three governing bodies acknowledge the urbanization potential of properties near the Orange/Durham County line in the vicinity of I-85/US 70 and consequently the need to coordinate land use and transportation, development, and service delivery issues that arise in this general vicinity; and Whereas, cooperation amongst neighboring jurisdictions will foster and maintain a system of sound land use planning and regulations which can be relied upon by the public and private owners of land as a basis far investment decisions, the protection of the environment, and a climate conducive to the healthy economic and social growth and development of the three jurisdictions; Now, Therefore Be It Resolved That: The administrative staffs of each jurisdiction shall coordinate with each other on a timely basis within the current framework and schedule of the local development review process, in order to provide an opportunity for review and comment on rezoning requests, special use permits, subdivisions, site plans, and annexations proposed for land within the Joint Review Area near the Orange/Durham County Line, as shaven in Attachment A. The administrative staffs of each jurisdiction shall pursue cooperative efforts to: 1. Coordinate future land use plans and develop comparable zoning districts with design standards to implement the general intent of the land use plans; 2. Provide an opportunity far review and comment on a timely basis and within the established project schedules for land within the Joint Review Area; 3. Create a conceptual utility master plan for the Orange County portion of the Joint Review Area; and 4. Provide enhanced annexation procedures when the city annexes into Orange County. The objectives of this cooperation are to: 1. Seek compatible uses of land and natural resources; 2. Achieve a smooth transition between areas of development within each jurisdiction; 3. Provide an appropriate entryway into each jurisdiction from the other; and 4. Encourage orderly development and the efficient delivery of urban services, which will maintain and enhance property values in each jurisdiction. This resolution shall be effective upon its adoption by all of the above jurisdictions; Any signatory jurisdiction may rescind their agreement with this resolution by subsequent resolution of its governing Board. VOTE: UNANIMOUS Chair Carey said that, specifically after speaking with Chair Reckhow and Mayor Bell about this, they both assured him that Orange County would have time to have its comments recorded for their consideration, even if it goes past the 21-day period. But they still need to get comments in the 21-day period. WHEREAS, Kingsdown employs over 160 employees in its Mebane and Orange County facilities: and WHEREAS, the new 80,000 square foot manufacturing facility includes an on-site fitness center, a cafeteria, and other amenities for its employees; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners formally welcomes Kingsdown, Inc. to the County and commends the employee-owners of the company and its Chief Executive Officer Eric Hinshaw for serving as model corporate citizens of Orange County. This the 15t" day of February 2005 VOTE: UNANIMOUS Commissioner Halkiotis said that he would like at the next Board of County Commissioners' meeting for Dianne Reid to bring an economic update. He would like to have a regular schedule of economic updates in the County. He would also like to consider honoring other businesses Orange County. He did not know that Kingsdown had other offices around the world. b. Resolution of Appreciation for Jerry Wagner The Board considered a resalutian recognizing Orange County's Assistant Fire Marshall, Jerry Wagner, for service to his country in Iraq from February 2004 through December 2004. Rad Visser introduced Jerry Wagner. Commissioner Halkiotis read the resalutian. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to adopt a resolution recognizing Orange County's Assistant Fire Marshall, Jerry Wagner, for his service to his country in Iraq from February 2004 through December 2004 as stated below: A RESOLUTION HONORING JERRY WAGNER FOR HIS MILITARY SERVICE IN IRAQ WHEREAS, Jerry Wagner has been employed by Orange County and has served as Assistant Fire Marshal since November 1994; and WHEREAS, Jerry Wagner serves nat only Orange County but also in the United States Army as a Sergeant in Battery C, 1St Battalion, 113t" Field Artillery Regiment of the 1St Infantry Division; and WHEREAS, Sergeant Wagner and his unit were mobilized and deployed far military service in Iraq in Spring 2004; and WHEREAS, Sergeant Wagner served his unit and his country through self-sacrifice and by upholding the ideals of freedom and self-determination upon which our nation was founded; and enforcement capabilities to report inappropriate use of the land. The Wildlife Resources Commission does have law enforcement capabilities and could monitor the use of the land. Mark Marcoplos made reference to the reimbursement policy and said that the Chapel Hill Town Council approached them with this issue in regard to their public works facility because they will be running pipes out in the northern part of the service area. Until 1999, there was a reimbursement policy, but it was not used much. The end result was that a lot of developers got paid twice -once from buyers and once from the reimbursement from OWASA. OWASA began to charge by house size rather than just footage. The Town came to OWASA regarding the school running out into the northern area. The OWASA board discussed it and there was consensus that the policy did not need to be changed at this time. It is a very complicated issue. He said that it is a growth catalyst when pipes are put in. He said that OWASA is comfortable with the status quo at this point. Commissioner Gordon thanked Mark Marcoplos and Bernadette Pelissier far their service on the OWASA board. She asked about the hunting and if it is a given that there should be hunting as opposed to some other recreational uses. Mark Marcoplos said that it stems from the initial agreement that there be hunting at the reservoir. Hunting was linked at the beginning to the creation of the reservoir. Bernadette Pelissier said that with the mitigation land, initially they should have been obliged to provide hunting on the mitigation land. Something happened and it was not put in the permit. It got put in that hunting should be required on the reservoir lands. Instead of allowing hunting on the reservoir lands, the Wildlife Resources Commission is willing to ga to the Army Corps of Engineers and develop a formal agreement that if OWASA provides hunting on the mitigation land, they do not have to provide it on the reservoir lands. They want to provide a small hunting program, see how things go, and then consider other uses during the off-season. Commissioner Gordon commended OWASA for their water conservation goal. She is sure that the Commission for the Environment would be very interested in talking with OWASA about this. Commissioner Gordon said that the County Commissioners asked about the reimbursements because the County is about to embark on some expensive projects from the point of view of water and sewer. She understands how difficult it is to recognize the difference between public entities and developers. Commissioner Jacobs asked for a reminder about the possibility of splitting the usage of the mitigation land between low-impact recreation during the non-hunting season and leaving it open for hunting during hunting season. He asked about the ultimate factor in not proceeding in this direction. Bernadette Pelissier said that she does not know what transpired, but access became an issue. There is only one access point and they did not want to infringe upon the neighborhood with the potential traffic. Commissioner Jacobs suggested that both staffs talk about the majority of the year when hunting is not allowed and see if there are some opportunities for hiking or low-impact recreational facilities. He said that there was a park in Mecklenburg County that managed this balance. Commissioner Jacobs made reference to the reimbursement policy and said that he is not satisfied with the status quo. He would like to see further discussion on this. He said that he thinks most of the cons for the previous policy seem surmountable, especially if it is a public entity that is being asked to put the money up front. He understands the reservations, but it would be useful for both governments and some members of the staff to talk about whether these are insurmountable problems. He said that this is a lot of money for the two governments, and it is the same people who are going to be paying it who are represented by the OWASA board. Commissioner Jacobs said that the Commission for the Environment does have a water resources initiative that will be brought forward to the Board of County Commissioners Chair Carey said that additional section 8 vouchers was one of the items discussed with Senator Dole's legislative liaison, and there was not much encouragement in view of the President's recommendation on the budget. They will continue to raise the issue. Tara Fikes said that they would be coming back in April with a draft plan. Written comments will continue to be accepted. b. CDBG Program -IDA Program The Board received citizen comments prior to official closeout of the County's FY 2001 Individual Development Account (IDA) Program and considered authorizing execution of the Certificate of Completion by the Chair of the Board of Commissioners. Tara Fikes summarized the information in the agenda abstract. The grant period officially ended on January 31St and a total of 31 families contacted the Women's Center, who was the administrator for the IDA Program. Twenty-one of those families were approved to participate. Of that 21, approximately 11 families had purchased homes in Orange County using their savings as well as the match. Orange County would be eligible to receive another round of funding in this fiscal year up to $70,000. The Department of Commerce requires the public hearing in order to complete the grant closeout process. Tara Fikes recognized the Executive Director of the Women's Center, Connie Mullinex and Elizabeth Waugh-Stewart, who works at the Women's Center. PUBLIC COMMENT: Elizabeth Waugh-Stewart thanked Tara Fikes for her help in this partnership. She said that often in the human services field, it is difficult to point to concrete successes. She said that the IDA program was definitely a concrete success. She said that the range of people that have been interested and have taken advantage of this program has been notable. She said that this is a real opportunity for families in the community to build wealth and assets. Holly Duke, one of the participants in the IDA program, said that after graduating from UNC in 2002, she accepted a job with the University as a career counselor. She soon realized that after paying rent, utilities, student loans, and other expenses, there was little left in her income for a savings. She said that saving for a dawn payment on a house was impossible. She heard about the IDA program while attending a homebuyer's workshop. She had volunteered at the Women's Center and knew they were an outstanding organization, but she was not sure she was an appropriate candidate. She was informed that she easily qualified. She said that she is so thankful for this program. She said that there are strict, but fair rules for participants, including a commitment to save $1,000 of her money. In the end, the $2,000 she received for successfully completing the program, combined with her $1,000 was exactly the amount she needed to cover the closing costs on her home. She is officially a homeowner. Nancy Worrell was also a participant in the IDA program. She said that she is a small business owner and recently divorced. She felt like she was on the edge of being homeless, and this opportunity came along and she was able to buy her first home. She said that the program was very educational and an excellent program for women to get on their feet. She thanked the Board far supporting this program. Commissioner Jacobs asked Tara Fikes to keep the Board apprised since this is a State program. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to authorize the execution of the Certificate of Completion by the Chair of the Board of Commissioners. VOTE: UNANIMOUS Commissioner Jacobs asked how many routes were partially subsidized by local governments and Patrick McDonough said that this would be the first time this has been done. He said that NCDOT sees these regional partnerships as the future of public transportation. Commissioner Jacobs asked the Manager that when this does come forward to public hearing that there is some surveying of the users regarding the doubling of the fee. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the Manager's recommendation as follows: 1. The conceptual Hillsborough to Chapel Hill route. 2. The cost-sharing percentage between Triangle Transit Authority and Orange Public Transportation for the fixed route and marketing the new service (County staff has proposed 75°~ TTA and 25% OPT). 3. The preferred type of service, with a starting date of August 2005, would be a regular route as apposed to a demonstration route. 4. The drafting of a proposed Memorandum of Understanding between Triangle Transit Authority and Orange Public Transportation for route operation. VOTE: UNANIMOUS Commissioner Gordon asked that when this is passed forward to the TTA Operations and Finance Committee that the Towns of Chapel Hill and Hillsborough also get copies of it. b. Staff Update on Possible Acquisition of the Triangle Sportsplex The Board received an update from staff on ongoing assessments related to a potential Orange County acquisition of the Triangle Sportsplex, with particular emphasis an considerations related to potential ownership structures; and considered increasing by $10,000 the Board's appropriation for professional services needed to carry out the assessments and provided direction to the Manager and staff. John Link said that last fall the Board asked staff to begin a process of pursuing due diligence, analyzing the possibility of the County acquiring the Triangle Sportsplex. Part of the interest in acquiring the Sportsplex would be to expand it to include the new Central Orange Senior Center. The Board later approved agreements with Blackman and Sloop, the CPA firm, to look at the present financial status of the Sportsplex, as well as looking at the future potential financial performance. There is also an agreement with Corley, Redfoot, and Zack to conduct a physical condition analysis of the facility. Rod Visser spoke about an additional element of the physical evaluation. He said that they would like to ask the Board's authorization to spend $10,000 more than was authorized for completion of the due diligence analyses. They would like the authorization to be raised to $40,000 to complete the analysis of the ice rink. He emphasized that, other than the authorization for more money, the staff is not asking the Board to make any other decisions on the information that will be presented in this item. All of the situations are hypothetical and the staff is not recommending that the County acquire the Sportsplex or not. Rad Visser said that they are in the middle of ongoing due diligence assessments with Blackman and Sloop looking at ratio and trend analyses an Sportsplex financials, and evaluating potential overhead efficiencies and potential savings that might be derived from the co-location of several different functions at this property. He then explained the ownership structure. The facility could be owned outright by the County orthrough anon-profit, existing or newly created. It may prove to be more efficient and effective far the County to awn the property outright. The financing options would be more flexible and less expensive with an outright ownership. There would be a General Manager position, which would be a contracted position. The responsibilities would include day-to-day management and operations of the overall facility, but not necessarily the programming of the