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HomeMy WebLinkAboutMinutes - 20050412 1 APPROVED 5/17/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 12, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 12, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Valerie P. Foushee , Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY 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 WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Carey pointed out two documents —the blue sheet was for item 10-a from the Wildlife Resources Commission and the other document was a letter from Doug Schworer, President of Sunrise Coalition. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Geoff Hathaway spoke on behalf of the Recreation and Parks Advisory Council and thanked the County Commissioners for the contributions for the Orange County Cool Jazz Festival, which is this Saturday. He distributed t-shirts, tickets to a reception afterwards, and a schedule of events. He explained the scope of the event. Esphur Foster spoke on behalf of Club Nova Clubhouse and the Board of Directors for Club Nova Community, Inc. They are looking for continued support, as they become the service providers for Club Nova. They want to offer the same quality of services that the members are currently receiving. They recently submitted an application for tax-exempt status. They want to enlarge the safety net for displaced persons who will be directly affected by divesting of the mental health system. Until recently, Club Nova received between $170- 178,000 each year. These funds have been significantly reduced. Along with these reductions, they have not received any bridge money to help them as they divest. They will submit to the County applications for$200,000 a year. This amount is necessary just to sustain the current level of programs and services. 2 Jay Zaragoza concurred with Ms. Foster's comments. Chair Carey said that he is the County Commissioner representative on the OPC-LME Board of Directors. He assured Ms. Foster that the Board of County Commissioners knows Club Nova well and values the services that it provides. He said that he and the other members of the Board of Directors would not let this divesture proceed in a way that would adversely affect the care that is being provided. John Link said that there is some information in the Board of County Commissioners' packets tonight about the transition for the mental health system. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Foushee—none Commissioner Jacobs said that at their places is something that was distributed at the Efland-Mebane work group from the TDR consultants. There were some good questions asked and advertising will begin soon for people to be on the work group, which will help guide the consultant's discussion. Commissioner Jacobs said that on March 291h he, Commissioner Halkiotis, some staff members, and the Manager met with NCDOT Division Engineer Mike Mills and some of his staff to talk about access issues at the third middle school in Efland. Staff will be working with DOT to come up with a solution that satisfies the sight distance and to try and preserve as many trees as possible. Commissioner Jacobs said that he and Chair Carey met with Representative Joe Hackney last week and talked about legislative matters since he had missed the legislative breakfast. They tried to promote the County's legislative agenda and got some frank responses. Commissioner Jacobs said that about a year ago the County Commissioners voted to participate in the New Hope Preserve purchase. He said that the County Commissioners were pleased to participate in a way that will protect 76 acres of contiguous open space that will be accessible to the public on the Orange County/Durham County line. There were a lot of partners - two municipalities, two counties, a neighborhood organization, the Triangle Land Conservancy, and the New Hope Corridor organization. Commissioner Jacobs said that he went to the memorial service for Rene' Campbell yesterday, who was the Visitor's Bureau Director. He only met her twice, but he was able to listen to those who knew her well, and they spoke warmly about her. Commissioner Halkiotis said that there was a meeting today with the Durham Technical Community College representatives and they talked about issues for the architects. He commended Purchasing and Central Services Director Pam Jones for adequately addressing the issues brought up by the Durham Tech representatives, since the processes in Durham County are so different from those in Orange County. Commissioner Halkiotis thanked Chair Carey for representing him last week while he visited his mother. He said that Chair Carey filled in for him in recognizing Betty Compton's retirement from UNC Department of Pediatrics. He said that since 1985, Orange County government has given the Adolescents in Need program $1,304,827. He thinks it would be very appropriate, when the budget requests from non-departmental agencies are received, that there be additional columns with the year that they were first funded by Orange County government, and the total amount of funding to date. He said that the County goes far beyond the call of duty to being sensitive to the needs of people. 3 Chair Carey pointed out that the program, Adolescents in Need, won a couple of awards. Commissioner Halkiotis made reference to the County Commissioners' calendar for this week and said that the scheduling is out of control. He wants to be practical and realistic with the scheduling. He especially pointed out Commissioner Jacobs' schedule, which showed three meetings for Commissioner Jacobs on Monday night at overlapping times: the Human Relations Commission at 6:30, the Commission for the Environment at 7:30, and a committee meeting. He suggested that Commissioner Jacobs slow down. Commissioner Halkiotis said that he, Economic Development Director Dianne Reid, and a citizen from Carrboro, Marty Mandel are going to be going to McKimmon's Center at N. C. State on April 27th for the Renewable Energy for Economic Development Workshop. He encouraged the Manager to get more of the staff to attend. Commissioner Halkiotis made reference to the letter from Time Warner's new Public Affairs Manager. He is going to call her and thank her for her letter and tell her that he would be available to meet with her. Commissioner Halkiotis said that he saw the trees coming down for the new Home Depot at Hampton Pointe. He verified that the pile of trees would not be burned. He read some positive things about Home Depot that they are hiring retired senior citizens with full benefits. He read in the same article that a typical Wal-Mart of 200 employees, is actually being subsidized by governments with respect to daycare, health care issues for children, etc. He wants to know if the Wal-Mart in Hillsborough is actually being subsidized by Orange County taxpayers through efforts from the Public Health Department, Social Services, and any other agency. Commissioner Gordon said that she recently served on jury duty at the old courthouse. She said that the acoustics are very poor there and it is difficult for the jurors to hear the attorneys and it is difficult for the audience to hear much of anything. She asked that a better sound system be added to the list for justice facilities. Commissioner Gordon said that Carl Fox recently became the second resident Superior Court Judge. She asked that the Board empower Purchasing and Central Services Director Pam Jones to call Carl Fox and ask him to serve on the planning groups for justice facilities. Commissioner Gordon made reference to the Homestead Road Safety Task Force. Some citizens were concerned about safety in the neighborhood of Chapel Hill High School. She is on the task force, and they met again yesterday with Mike Mills and Chuck Edwards from NCDOT to discuss the sidewalks. They thought last June that the sidewalks were taken care of, but they are not. The funds were never designated for this project. Mike Mills will forward the formal request for this project to DOT. She asked Mike Mills that any money that is not used in this project remains in Orange County. Commissioner Gordon said that there is a meeting on the 1-85 widening TIP project. The first meeting is May 2nd at 3:00 p.m. for public officials at Cameron Park Elementary School and from 4:00-7:00 p.m. there is a citizen's informational workshop. This project would widen 1-85 from Hillsborough to the Durham County line. Commissioner Gordon made reference to the New Hope Preserve and said that it has been a long-standing priority to Orange County to protect the New Hope Corridor. She said that this was a landmark event. Commissioner Gordon said that she attended the Commission for the Environment meeting last night where they worked on the program for the upcoming Environmental Summit on April 23`d Chair Carey said that, due to illnesses of staff persons, the report on district elections would be delayed to the work session on May 5th. He asked the staff to notify all of the interested parties, including Representative Bill Faison and Bob Strayhorn. 4 Chair Carey recognized that the elections in Orange County went well last year. He acknowledged the role of Carolyn Thomas and the role of the current Board of Elections members. Chair Carey said that he received a copy of a letter from Superior Court Judge Wade Barber, who was responding to a request of Judge Joe Buckner, asking for a review of court security practices. He asked the staff and the Sheriff to work with Judges Barber and Buckner as they try to assess security practices in the courthouses. Chair Carey made reference to the EPA requirement that North Carolina develop state implementation plans for air quality. This region was a non-attainment region, primarily because some counties in the region exceeded the ozone limits over the last few years. Orange County was not one of those counties. However, Orange County may have to implement some local compliance measures if the monitoring in the region does not pass state requirements over the next year. Commissioner Halkiotis asked which counties failed and Chair Carey showed a map with counties colored in red that exceeded the standard. (these counties included Person, Granville, Franklin, Wake, Edgecombe, Durham, Forsyth, Davie, Rowan, Lincoln, Mecklenburg and Union). The plan has to be completed and approved by the EPA by June 2007. Commissioner Halkiotis asked for copies of the map. In Orange County's immediate area, it is Person, Durham, Wake, Granville, and Franklin Counties. He asked if Person County's non-compliance was from the coal-generated power plants from Duke Power. He asked the staff to find out about this. He has heard that the power companies were getting special deals by the legislature to clean up their act. He does not want to subsidize a power company operation and be penalized in Orange County. Commissioner Jacobs asked for an update on the community college discussion of the possibility of a library. Chair Carey said that it is still on the table, but not as a central library. The covenants include the possibility of a branch. The Board has to decide which direction it wants to go. The approvals from the Town of Hillsborough thus far do not include a library. 4. County Manager's Report None 5. Items for Decision--Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from February 15, 17, and 28, 2005 meetings as submitted by the Clerk to the Board. b. Appointments— None c. Renewal of Consolidated Agreement Between Department of Health and Human Services and the Health Department The Board approved the annual consolidated agreement between the NC Department of Health and Human Services and the Orange County Health Department, which provides State and Federal funds to the Heath Department to partially support mandated services and authorized the Chair to sign the agreement and assurances pending final review by the County Attorney. d. To Approve the Dedication of the Sheriff's Office Explosive Detection Canine Program As "The Deputy Jodie R. Strickland Memorial Bomb Detection Canine Program" This item was removed and placed at the end of the consent agenda for separate consideration. 5 e. Memorandum of Agreement with North Carolina Department of Crime Control and Public Safety for Locally Managed Law Enforcement Terrorism Prevention Program (LETPP) Grant Funds The Board approved a memorandum of agreement that will govern a previously awarded State pass-through grant award of federal Homeland Security funds in the amount of$54,000 to reimburse Orange County for interoperable communications system planning, subject to final review by staff and the County Attorney, and authorized the Manager to sign. f. Resolutions Authorizing Contracts for Financing Vehicles and Equipment The Board adopted resolutions, which are incorporated by reference, required by RBC Centura Bank to facilitate the financing of equipment to be purchased by the County and authorized the Finance Director and County Attorney to execute documents as required. & AmeriCorps Improvements Project—Trail Construction The Board approved the submittal of an application for an AmeriCorps improvements project at Efland Cheeks Park and other park sites for trail construction, and agreed to appropriate funds in the FY 2005-06 budget toward the project as outlined. h. Budget Amendment#10 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2004-05 for Department of Social Services, Health Department, Human Rights and Relations Department, and Animal Shelter. I. Potential Amendment to Orange County Volunteer Resolution The Board approved an amendment to the Orange County Volunteer Resolution. L Proposed Adjustment in Commissioners Local Travel Expense The Board approved the proposal to adjust the Board of Commissioners' local travel expense to account for inflation and recent gas prices increase and increase the travel allotment from the current levels of$150 per month for the Chair and $125 per month for the other Board members (including the Vice-Chair) to $275 per month for the Chair and $225 per month for the other Board members (including the Vice-Chair) effective April 1, 2005. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: d. To Approve the Dedication of the Sheriff's Office Explosive Detection Canine Program As "The Deputy Jodie R. Strickland Memorial Bomb Detection Canine Program" The Board considered dedicating the upcoming Explosive Detection Canine Program for the Orange County Sheriff's Office, and to designate the program as "The Deputy Jodi R. Strickland Memorial Bomb Detection Canine Program". Commissioner Halkiotis said that he took this off the consent agenda so that the County Commissioners could pay a little more attention to Jodie Strickland, who really loved being a school resource officer. He said that she would always be a very special person in the eyes of the children and teachers and A. L. Stanback and Orange County Schools. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve dedicating the upcoming Explosive Detection Canine Program for the Orange County Sheriff's Office, and to designate the program as "The Deputy Jodi R. Strickland Memorial Bomb Detection Canine Program". VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Sexual Assault Awareness Month 6 The Board considered proclaiming April as Sexual Assault Awareness Month in Orange County, and authorizing the Chair to sign. Krista Parks read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve proclaiming April as Sexual Assault Awareness Month in Orange County as stated below, and authorize the Chair to sign. Proclamation Sexual Assault Awareness Month April 2005 WHEREAS, the Orange County Rape Crisis Center assisted 425 survivors of sexual violence and their family members, friends and loved ones during the 2003—2004 fiscal year; and WHEREAS, the Orange County Rape Crisis Center works with the County's two school systems to provide all students with age-appropriate information about sexual assault prevention, reaching 8,102 children and youth during the 2003—2004 school year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is bringing together members of law enforcement, the medical community, the legal system and other community advocates to improve services for survivors of sexual assault who come forward; and WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in their lives (NC Department of Health and Human Services, 1999); and WHEREAS, in the United States, rape is the most costly crime to its survivors totaling $127 billion a year considering factors such as medical cost, lost earnings, pain, suffering and lost quality of life (U.S. Department of Justice, 1996); and WHEREAS, in the United States, 1 in 6 women and 1 in 33 men have experienced a completed or attempted rape at some time in their life (US Department of Justice, 1998); and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bureau of Investigation, 2002); and WHEREAS, the blaming of the victim continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, a non-profit, volunteer agency which has been serving this community since 1974, is working with others in the community to stop sexual violence and its impact through support, education and advocacy; and WHEREAS, the Orange County Board of Commissioners has contributed $28,000 to the Rape Crisis Center in this fiscal year to help further their support, education, and advocacy efforts to stop sexual violence throughout the County NOW THEREFORE do we, the Orange County Board of Commissioners, hereby proclaim the month of April 2005 as "SEXUAL ASSAULT AWARENESS MONTH" and encourage all people to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 12th day of April 2005. VOTE: UNANIMOUS b. National Library Week The Board considered proclaiming the week of April 10 through April 16, 2005 as National Library Week in Orange County, and authorizing the Chair to sign. Library Services Director Brenda Stephens said that National Library Week was first sponsored by the American Library Association in 1958 and it has been celebrated this same week since then. She read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve proclaiming the week of April 10 through April 16, 2005 as National Library Week in Orange County as stated below, and authorize the Chair to sign. National Library Week April 10-16, 2005 Proclamation WHEREAS, our nation's public libraries provide equity of access to library users nationwide no matter their age, income and socioeconomic background; and WHEREAS, libraries play a vital role in providing millions of people with the resources they need to live, learn and work in the 21st century; and WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine, helping people of all ages find the information they need in print and online; and WHEREAS, libraries are part of the American Dream — places for opportunity, education, self- help and lifelong learning; and WHEREAS, libraries bring you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; and WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide"; and WHEREAS, awareness and support must be increased for libraries, librarians and library workers by raising their visibility in a positive context and by communicating clearly and strongly why libraries are both unique and valuable; and WHEREAS, library users and non-users alike are encouraged to stand up and speak out for libraries and to support library-funding efforts; and WHEREAS, the Orange County Board of County Commissioners supported the Library Services Task Force recommendation by opening the Cybrary in the Century Center; and 8 WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week; NOW THEREFORE be it resolved that we, the Orange County Board of Commissioners, do hereby proclaim April 10 through 16, 2005 as National Library Week in Orange County, and encourage all residents to take advantage of the wonderful library resources available and thank their librarians and library workers for making information accessible to all who walk through the library's doors. Come see why there's something for everyone "@ your library". This the 12th Day of April 2005. VOTE: UNANIMOUS c. Resolution Expressing Orange County's Position on Legislative Items The Board considered approving a resolution expressing Orange County's positions on two legislative items: House Bill 900-Enhance On-Site Wastewater System Approvals; and Senate Bill 508 and House Bill 648-both entitled "Exempt Builder's Inventory." Geof Gledhill said that this resolution has the Board of County Commissioners requesting the Orange County delegation of the General Assembly to oppose House Bill 900. He made reference to the information provided by the Health Director. It would involve switching responsibility for domestic wastewater system evaluation from local governments to the private sector. There are people that support this legislation and they are saying that this will fast track septic system review, and that there is.a problem in getting septic systems reviewed in a timely manner. The other bill is Senate Bill 508, with a companion House Bill 648, and would require the tax assessor to assess property that has been approved for subdivision and which subdivision has resulted in recorded plats to be valued as though subdivision activity did not occur and as though it were raw land. This resolution would ask the legislative delegation to oppose this bill. Commissioner Jacobs made reference to the Fast Track information from Iredell County and said that it sounds like, rather than hiring sufficient staff, they would be turning more counties into "red" counties and non-attainment areas. This was raised two years ago and was opposed. He said that the County just hired a number of new environmental inspectors just to remedy these problems. He supports the resolution opposing the bills. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a resolution expressing Orange County's positions on two legislative items: House Bill 900-Enhance On-Site Wastewater System Approvals; and Senate Bill 508 and House Bill 648- both entitled "Exempt Builder's Inventory." NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County take the following positions on legislation regarding the following matters: 9 1) Oppose House Bill 900— Enhance On-Site Wastewater System Approvals, a copy of the current version of which is attached at Exhibit A, and any successor versions or other similar bills (i.e. Companion Senate Bill 902), which seek to remove domestic wastewater system evaluation responsibility from local governments, place that authority in the private sector, and leave local governments with the liability if privately-approved wastewater systems fail (a letter from the North Carolina Association of Local Health Directors and a summary of talking points on House Bill 900 are provided at Exhibits B and C); 2) Oppose Senate Bill 508 and House Bill 648, both entitled "Exempt Builder's Inventory", and for which copies of the current versions of each are attached at Exhibits D and E, and further oppose any successor versions or other similar bills, which seek to exclude from taxation any increase in value of property attributable to the subdivision of or other improvements made to property by a builder as long as the builder continues to hold the property for sale. VOTE: UNANIMOUS d. Resolution Honoring Armacell, LLC The Board considered recognizing Armacell, LLC for outstanding corporate citizenship for its environmental stewardship in reducing waste material by approximately 5 million pounds per year, a reduction from 20 percent of total output to 2 percent of total output, and authorizing the Chair to sign. Economic Development Director Dianne Reid introduced John Walter, Plant Manager of Armacell; and Bob King, Maintenance Team Manager and Plant Environmental Coordinator. She said that Armacell relocated its North American operations to Orange County in 2000 from Lancaster, Pennsylvania and employs 240 people. The plant produces tube and sheet insulation used in mechanical areas. They also manufacture polyethylene tube insulation. John Walter thanked the County Commissioners for recognizing them and said that Bob King spearheaded the effort in terms of recycling materials. Commissioner Halkiotis read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve recognizing Armacell, LLC for outstanding corporate citizenship for its environmental stewardship in reducing waste material by approximately 5 million pounds per year, a reduction from 20 percent of total output to 2 percent of total output, and authorize the Chair to sign. 10 RESOLUTION HONORING ARMACELL, LLC North America WHEREAS, Armacell is a global leader in rubber and plastic foam technology, and WHEREAS, the company relocated its North American corporate headquarters from Lancaster, Pennsylvania to Mebane and Orange County in 2000, and WHEREAS, Armacell has expanded its Orange County facility into a 250,000 square foot warehouse and distribution center, and WHEREAS, Armacell employs over 240 employees in its Orange County operations, and WHEREAS, the company's 18 facilities employ 2,100 people in 11 countries, and WHEREAS, the company has shown exemplary environmental stewardship by reducing foam waste material at the Mebane facility by five millions pounds per year; reducing waste from approximately 20 percent of total output to 2 percent of total output, and WHEREAS, the remaining waste is given to another North Carolina company to assist in their manufacturing process; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners formally commends Armacell, LLC North America for serving as a model corporate citizen of Orange County. This the 12th day of April 2005. VOTE: UNANIMOUS 7. Special Presentations a. Outstanding County Program Award Presentation The Board received a 2004 Outstanding County Program Award for the Little River Regional Park and Natural Area. Ed Wooters, North Carolina Association of County Commissioners' Director of Membership Services, made this presentation. He described the criterion for the award. He said that the Little River Regional Park and Natural Area was worthy of this award. Commissioner Foushee accepted this award on behalf of the Board. Chair Carey said that they owe staff a round of applause. 8. Public Hearings a. Public Hearing: Agreement with Orange Enterprises The Board received public comment regarding an agreement between Orange County and Orange Enterprises which will provide Orange Enterprises (OE) building support and operational support to enable OE to purchase property tripling the production capacity of OE and increasing significantly, employment opportunities for persons now served and persons who can be served by OE; to approve an agreement between OE and Orange County with respect to Orange County's financial support to OE and establishing economic development 11 expectations of the operations of OE at the new site; and to authorize the reallocation of capital funds appropriated by the County to expand the current OE building to be used by OE toward the purchase of the new facility, and authorize the Chair to sign. John Link asked Executive Director of Orange Enterprises Kathy Bryant to join Purchasing and Central Services Director Pam Jones and Economic Development Director Dianne Reid. He said that this has been a joint effort with Orange Enterprises and Orange County. Orange Enterprises has successfully helped individuals who faced employment barriers over the years. The proposed agreement is that the County will provide capital funding for their acquisition of the building on ten acres on Elizabeth Brady Road, and the County will also increase support for operations for the next three years. Dianne Reid said that under the proposed agreement, the County would, over the next six fiscal years beginning with fiscal year 2004-2005 and ending with fiscal year 2009-2010, provide $825,000 in building support money and $120,000 additional operational support than the County is now providing to Orange Enterprises. This will enable Orange Enterprises to purchase the land and building on Elizabeth Brady Road in Hillsborough and triple the production capacity, and add significantly to the employment base. The public hearing notice was published in two newspapers and the Economic Development office was the point of contact for comments. They have not received any comments as of today. Kathy Bryant introduced Joe Appleton, Chair of the Board of Directors of Orange Enterprises. She gave the history of Orange Enterprises. This year they will serve 338 people with disabilities; they have 43 staff members, a total budget of$2,587,000 ($464,000 is brought in by the work done inside Orange Enterprises). They have maxed out space and thus their profits have been the same. They would like to become independent of government support. She said that Orange Enterprises appreciates the constant support of Orange County. Commissioner Halkiotis said that Orange County citizens, Orange County government, and the people that OE serves have been extremely fortunate to have Kathy Bryant in her role for 20 years. Commissioner Jacobs said that in the 2001 bond process, Orange Enterprises came to the bond hearing and made a presentation and the County made a capital commitment through alternative financing to provide more support. PUBLIC COMMENT: NONE A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to close the public hearing. Commissioner Gordon made reference to page 15, paragraph #10, and asked whether it was correct. Geof Gledhill said that this has been rewritten and the version in the agenda packet is a draft and is not the final version of the agreement. Chair Carey asked about the final version and Geof Gledhill pointed out item 3, page 10. The last sentence of the paragraph in the draft says "The Premises may be subjected to a deed of trust in favor of a commercial lending institution in an amount not to exceed $440,000 BUT NO OTHER without the written consent of the County." The final version increases this amount to $715,000 because the $440,000 did not include up fit costs. Paragraph 10 on page 15 is the other material change, and it fleshes out the option to purchase, which gives the County the right, for a period of 99 years and a 99-year renewal, to purchase this property if Orange Enterprises elects to sell it to be used for some purpose other than this program. The County's 12 right to purchase the property would be at the price that Orange Enterprises receives as a bona fide offer. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the final version of the agreement between Orange Enterprises and Orange County; approve the reallocation of capital funds to be used by Orange Enterprises toward the purchase of the facility as outlined; and authorize the Chair to sign, subject to final approval by the County Attorney. VOTE: UNANIMOUS b. Public Hearing and Approval of Amendment#3 to the Purchase Agreement for the Orange County Campus of Durham Technical Community College The Board held a public hearing, noticed pursuant to G.S.1 53A-1 58.2(c), regarding acquisition of property in the Waterstone development, to be used as the Orange County campus of the Durham Technical Community College (DTCC); and to consider approving an amendment to the purchase contract with Norca Holdings for the property, and authorize the Chair to sign the Amendment on behalf of the Board; and authorize the County Manager, the County Attorney and the County Finance Director or any of them as they deem appropriate to do all things necessary to close on the sale of the property and to sign any and all documents necessary to close on the property. John Link said that this item helps move the County along to having the Orange County satellite campus of Durham Technical Community College. The public hearing is to receive comment on the proposed acquisition of the property in the Waterstone development to use for this purpose, as well as considering an amendment to the purchase contract. He introduced Phil Wynn, President of Durham Technical Community College and Barbara Baker, Vice- President of Durham Technical Community College. Pam Jones said that in June of last year, this site was offered for public comment prior to the County entering into a purchase agreement for the 20-acre parcel. This public hearing is a second one to properly notice and to fulfill a formality of the law that allows the property to be acquired by Orange County. In addition to the public hearing, this is also to approve the amendment#3. The provisions are included in the abstract. A new escrow agent has been named for the developer. The attorneys have remained the same, but the law firm with whom they work is different. Also, the seller has agreed to pay all of the taxes on this property, including all of the taxes for 2005. There was an issue about some "missing property" and the roadway, but this has been resolved. As a result of this delay, the County will not be able to have temporary construction access to its site until March 1, 2006. In addition, the public utilities, which include the water, sewer, and electricity, will get to the property no later than August 1, 2006. The construction schedule will not be impaired to the point where this facility will not open in time in the fall of 2007. The architects will be interviewed in the next couple of weeks. The County will close and take title on this property at the end of the week; there will still be matters of joint ownership to be discussed between the Board of Trustees and the Board of County Commissioners. The responsibilities that come out of this discussion will be formalized in another document. PUBLIC COMMENT: None A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS 13 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve Amendment#3 to the purchase agreement, the final BOCC action, with Norca Holdings; authorize the Chair to sign the Amendment on behalf of the Board; and, authorize the County Manager, the County Attorney, and the County Finance Director or any of them as they deem appropriate to do all things necessary to close on the sale of the property and to sign any and all documents necessary to close on the property. VOTE: UNANIMOUS c. Draft Orange County Consolidated Housing Plan The Board received comments from the public regarding the Draft 2005-2010 Consolidated Housing Plan for Housing and Community Development Programs in Orange County. Housing and Community Development Director Tara Fikes said that the consolidated housing plan is a five-year document that is required by the U. S. Department of Housing and Urban Development for all communities that receive HOME funds as well as Community Development Block Grant funds. The plan details housing needs of very low, low-income, and moderate-income families as well as special population groups. It also includes strategies and implementation plans for addressing these needs. The next five-year plan is due to HUD by May 13, 2005. She made reference to the Executive Summary of the consolidated plan. She read the goals and strategies for the next five years on page 9. This public hearing was advertised in local newspapers. Copies of the draft plan are available in the libraries in Hillsborough and Chapel Hill as well as on the County's website. The official comment period is April 4-May 6. Commissioner Jacobs made reference to page 7 and Barriers to Affordable Housing and said that he has a philosophical problem with not mentioning the fact that the development community prefers to build high-end housing. He asked that this be added as a barrier. Commissioner Gordon said that in that same paragraph, it talks about government regulations being a barrier, including Orange County's educational impact fee. She asked if this should be in there. Tara Fikes will take these comments and make the requested changes. Commissioner Jacobs asked if Tara Fikes disaggregated Chapel Hill housing costs from the rest of the housing costs. Tara Fikes said that it is in the full report, and she will add it to the executive summary. PUBLIC COMMENT: None. The period for public comment will remain open until May 6th. The written comments will be included with the plan when it is submitted, including the comments received from the Sunrise Coalition. 9. Items for Decision--Regular Agenda a. Solid Waste Operations Center Conceptual Plan The Board considered endorsement of the proposed building conceptual plan for administrative offices of the Solid Waste Department, and provide any additional guidance for staff, and endorse the plan so that staff can proceed to submit a contract for architectural services for the Board's consideration at the April 12, 2005 regular meeting. John Link said that UNC is requiring the Town of Chapel Hill to vacate the current Public Works facilities, and the lease expires January 1, 2007. This means that the County's Solid Waste operations must also move. Staff and Commissioners Jacobs and Halkiotis have been looking at conceptual formats for a new administrative building that would be located on the County's property on Eubanks Road. 14 Rod Visser said that in October 2001 the Board of County Commissioners adopted a resolution, which approved a master facilities plan for the Eubanks Road area for solid waste facilities. Included in the plan was a conceptual notion of a solid waste operations center that would be located on the property immediately to the west of the south side landfill on Eubanks Road. He made reference to the memorandum from Solid Waste Director Gayle Wilson, which goes into detail about the needs for the new facility. If the Board approves the conceptual plan, the next steps are to bring a proposal for architectural services to the next County Commissioners' meeting on April 19tH Commissioner Jacobs thanked the staff and said that they asked the staff to enlarge the public meeting room so that it would be the same size as the meeting room in the Government Services Center. There was also an addition for the storage of deconstructed materials on this site. He read from the abstract, as follows: "The construction of the new solid waste operations center may provide an opportunity also to construct cost-efficient, convenient, and appropriate storage space for deconstructed building materials for use in future County projects." He asked that"may" be changed to "will." Commissioner Jacobs suggested that they talk with Mr. Hendricks, who is leading the deconstruction efforts, to see how he might suggest undertaking such a design so that it is the most reflective of the kinds of materials most likely to recover. Commissioner Halkiotis agreed about the enlarged meeting room. He suggested using the existing sewer line instead of setting up a separate septic site. Commissioner Foushee agreed with Commissioner Halkiotis about the sewer line. She asked about the resale facility and asked if this would be part of the design process. Rod Visser said that they are contemplating something that would be adjacent to the building for this purpose. Commissioner Foushee made reference to page 4, the third bullet and asked if this property is the Neville Tract. Gayle Wilson said no and that there are two parcels totaling six acres directly adjacent to this parcel that have been on the market in the past. The owner has expressed interest in negotiating to sell this property. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve endorsement of the proposed building conceptual plan for administrative offices of the Solid Waste Department, so that staff can proceed to submit a contract for architectural services for the Board's consideration at the April 12, 2005 regular meeting. VOTE: UNANIMOUS b. Orange County Transfer of Development Rights (TDR) Task Force Formation The Board considered approving the formation of the Orange County Transfer of Development Rights (TDR) Task Force and authorizing the Clerk's Office to advertise for volunteer Task Force members. Planning Director Craig Benedict said that the purpose of this item is to approve the advertising for the Transfer of Development Rights task force. A consultant has been hired to look at the feasibility of transferring development rights from sensitive rural areas of the County to receiving areas where there are adequate public services to support higher density development. In order to make this a successful program, a variety of people need to be involved—community representatives, builders, etc. He said that this is not the implementation of the program. This is only phase 1 and 2, which includes getting the task force going. Commissioner Gordon asked about the task force composition and what is being recommended. Craig Benedict said that they could look at the full applicant pool that comes in. The composition will be the Board's decision. Commissioner Gordon would like the staff to think about a target set of categories for the group's composition. She said that usually there is a target composition. Craig Benedict 15 said that the consultant said that a good-sized board is 10-15 people, and one to two people from each category is advisable. Commissioner Gordon asked that the charge and composition be outlined formally. Commissioner Jacobs said that they told Craig Benedict to remove the composition at agenda review, since there were a lot of questions about who should be on the task force. There was such a broad range of groups that were proposed, it seemed simpler to advertise at- large. John Link said that this is a topic of great interest and the Board of County Commissioners should be interested in anyone's application. He thinks it is important to welcome any and all applicants. Commissioner Gordon suggested that there be something on the application where the applicant can check off categories that apply to them. She specifically wants to see "environmental" added to the list of categories. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve the formation of this Task Force and authorize the Clerk's office to advertise for Orange County citizen volunteer Task Force members, with the addition of an "environmental" category as suggested by Commissioner Gordon. VOTE: UNANIMOUS 10. Reports a. OWASA Mitigation Tract for Replacement Habitat Resultina from Cane Creek Reservoir Construction The Board considered providing support for the Orange Water and Sewer Authority's position regarding requirements to allow hunting at the Cane Creek Reservoir and Mitigation Tract. Dave Stancil said that in February, representatives from OWASA came to a Commissioner's meeting and updated the Board on the possible use of a mitigation tract for hunting provision and low-impact recreation. OWASA found out about this through the Corps of Engineers in 2003 and this led to the discussions that generated the proposal for limited hunting activities on the mitigation tract, which is 490 acres that was acquired as mitigation for the land habitat at Cane Creek Reservoir. OWASA's proposal for limited hunting was to allow for bow hunting for deer through mid-September to November on the mitigation tract, followed by a week of muzzle loaded hunting. The initial discussions with the Wildlife Resources Commission indicated that this might be possible and there was a public hearing held. In recent weeks, additional information has been received from the WRC that indicates that the staff at the WRC is no longer satisfied with the conditions of the original permit that dates back to 1980. There was correspondence from the WRC yesterday that indicates that they plan to move ahead with posting the property for both the reservoir land and the mitigation tract. OWASA disagrees with the WRC that this will not satisfy the requirements from 1980, and plans to share that with the Corps of Engineers, which was the entity that permitted the reservoir. Commissioner Gordon asked about the firearms that will be allowed. Dave Stancil said that the WRC is proposing to permit water fowl hunts on the reservoir, archery hunting three days a week from September to November on the mitigation tract, muzzled loaded runs after November 5th on the mitigation tract and small game hunts after October 15tH Commissioner Gordon asked for the opinion of the County Attorney. Geof Gledhill said that he does not know all that is going on with this issue, but he thinks that it is more important what OWASA wants. Commissioner Halkiotis said that he is surprised at this because it is a heavy hand coming down from a state commission. He thought OWASA's actions in allowing the primitive 16 weapons were reasonable. He would like to instruct the Manager to get in touch with Ed Kerwin and find out what OWASA plans to do with this. He is not sure he can support it. Commissioner Jacobs said that the County Commissioners should endorse OWASA's position. He finds this amazing that they would change what now allows boating and fishing into a facility that would prevent those from occurring at the same time. Commissioner Gordon said that she got a call from Bernadette Pellisier, a board member from OWASA, and she said that it was her understanding that the original permit had hunting on the reservoir but not on the mitigation lands. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to endorse the OWASA position regarding hunting at Cane Creek Reservoir and the OWASA Mitigation Tract; and to communicate the position to OWASA, the North Carolina Wildlife Resources Commission, and the legislative delegation. VOTE: UNANIMOUS John Link said that he recommends that County staff offer to work with OWASA staff and the attorneys to directly communicate with the Corps of Engineers and determine if the permit can be amended to exclude hunting for the sake of low-impact recreation. Commissioner Gordon said that the best thing would be to try and talk with the WRC and try to work it out. Dave Stancil said that they will share this with OWASA. 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adjourn the meeting at 9:50 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board