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HomeMy WebLinkAboutMinutes - 20050517APPROVED 811 612 0 0 5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 17, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 17, 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 Halkiatis 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 Chair Carey asked for a moment of silence for tNayne Davis, who lost two members of his family in a frre and his wife was badly burned. Mr. Davis is a County employee. 1. Additions or Changes to the Agenda Commissioner Jacobs pointed out that the pink sheet goes with item 7-a. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda David Rippertan is a resident of Chapel Hill and was representing Orange County Special Olympics. He asked for the County Commissioners' support for $18,000 in order to make the Special Olympics Coordinator position full time. The position is currently in the Chapel Hill Parks and Recreation Department. Chair Carey said that he received a letter from the Mayor of Chapel Hill making this same request. The County Commissioners responded back to the Mayor that they think this is an important activity and that this is a great opportunity for the Town and the County to work together to make Orange County the best Special Olympics County in the State. They also requested that the staffs work together to develop a plan to help implement the Special Olympics. John Link said that Orange County wants to offer staff resources instead of a direct appropriation of funding. Commissioner Halkiatis asked staff to include how this person is currently being compensated and the entire picture -all of the funding, time without pay, etc. Rick Williston said that he is a member of Club Nova. He wanted to reiterate to the community that Club Nava is an essential component of the community and they ask for the County Commissioners' continued support. He thanked the County Commissioners, businesses, churches, and schools for their support of Club Nava. Tony Kleese is the Executive Director of the Carolina Farm Stewardship Association. He is also Vice-Chair of Orange County's Agricultural Preservation Board. He made reference to the Agricultural Heritage Festival at Blackwood Farm two years ago for the celebration of Orange County's 250th anniversary. He said that there are a lot of people in the community that would like to see this event continue. The County and the Carolina Farm Stewardship Association have had dialogue about having this event at the Blackwood Farm. It seems that the Parks and Recreation Department now feels that this property is under their jurisdiction, which precludes the association from being able to charge a fee for this event. The association is non-profit and they would use this event for fund-raising, but they would also like to use some of the funds for upkeep of the buildings at the Blackwood Farm. He asked that the County Commissioners approve the use of this facility to keep the festival going. Tony Kleese spoke about a second issue. He said that in California, there are counties that ban genetically engineered crops. This is to protect the organically grown crops, because genetically engineered crops can contaminate organic crops. There is a bill in the House and Senate that would give the right to ban plants to the Board of Agriculture and take the right away from local municipalities. He feels that this decision should be left up to counties. He urged the County Commissioners to take action on this and let legislators know that this decision is the County's to make and not the Board of Agriculture's. He said that the Board of Agriculture has no consumer interest and no organic farming interest, but only represents agribusiness. Commissioner Halkiotis said that he thought a couple of years ago that there was a discussion about using this Blackwood property far a yearly agricultural festival. He asked why people were being told that it could not be used. Commissioner Jacobs agreed with Commissioner Halkiotis and asked the Manager to help make this happen or report back as to why there could not be a yearly festival at the Blackwood property. He worked on the agricultural heritage festival two years ago and it was a tremendous effort by the staff. If there is to be a festival, there will have to be a total volunteer effort, or a group will need to come in, like CFSA. He said that the Eno River festival is on a Durham park, and the park on the Blackwood property has not even been developed yet. He thinks it is unfortunate that CFSA was told no by the Parks and Recreation Department. John Link said that, effective this evening, the staff perspective would be that the County would work with this group to continue an agricultural festival on this property. Commissioner Jacobs asked Greg Wilder to look at the legislative item brought up by Tony Kleese. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Jacobs said that he attended the meeting of the Agricultural Center Work Group, and they wanted to know where money was for the agricultural center, and he tried to explain to them all of the capital projects the County was involved in. He thinks the work group is particularly interested in the Blackwood Farm. Also, Phyllis Ruth from Farm Service Agency was there, and she worked with Cooperative Extension on some estimates on where agriculture is currently in Orange County. The numbers will be updated for the Ag Preservation Board meeting tomorrow night. They tried to estimate the amount of new revenue generated in agricultural alternatives in the last five years. It was about $2.5 million. He also learned that burley tobacco, which has previously been grown in the western part of the state, is moving east. Commissioner Jacobs asked the Manager to assist the Efland Fire Department, because they would like to talk with Orange County Schools about putting a fire substation near the new middle school. They have not been able to get a response. He said that, assuming the County Commissioners approve agenda item 5-z, there will be a work session on May 23rd in Hillsborough about EMS, fire, and rescue squad issues. Commissioner Foushee - no comments. Commissioner Gordon said that the Transportation Advisory Committee is going to meet tomorrow and one of items to be discussed is about the TAC funding of the Regional Transportation Management System, which should be of interest to Orange County. There will be a report on this meeting. Commissioner Gordan said that the Justice Facilities Exterior Committee met and they are discussing plans for the farmers market and park. One of the things that came up was the nature of the conservation easement, the Stillhouse Creek restoration project that has not progressed to construction. It is questionable as to how the farmers market will fit in. Commissioner Gordon asked staff about the 60/40 capital funding policy and said that one part was left hanging. The current policy shows that $13 million+ of the property tax revenue was dedicated to paying off debt service. In all of the options, it was shaving $14 million. She asked where the extra $1 million was coming from. She asked if this was committing another one cent on the property tax ar if the money was coming from somewhere else. Chair Carey said that the decision made last week was to adopt an option and only the language is to come back for approval. Commissioner Halkiotis made reference to the southwest parcel an Middle School #3 and said that it was clearly spelled out on the plans that this would not be needed at this time. The architect clearly stated that it could be used far a satellite fire station and a rescue squad substation. It would also lend itself to other uses including recycling centers and other County functions. He is a little disturbed that the Efland Fire Department has put in a request and no one from the school system has responded. He asked the Manager to follow up on this with the Superintendent. Commissioner Halkiotis apologized far not attending the re-naming of Airport Raad ceremony because he was attending his stepson's graduation at Appalachian State University. Commissioner Halkiotis thanked Assistant to the Manager Greg Wilder for tracking the County Commissioners' request to Senator Dole far funding for the Southern Senior Center kitchen. He also asked the Manager to put together a letter signed by the County Commissioners to Senator Dole thanking her for putting the request out there to be funded. He thinks the County has cultivated a good relationship with her office. Commissioner Halkiotis asked the Manager if anyone an the staff was tracking things happening in the State. He made reference to a flyer from Appalachian State dealing with hydrogen and railways. He asked who would track this kind of cutting edge activity. John Link said Environment and Resources Conservation Director Dave Stanch or County Engineer Paul Thames. Commissioner Halkiotis said that he does read updates in the Manager's Memo and on the May 6t" Manager's Memo, he was pleased and disappointed at the same time because the Environmental Protection Agency did a demonstration on May 5t" on Eubanks Raad. He requested that in the future, when any County agency has set up this sort of demonstration that the Board of County Commissioners is told in advance so that they can attend. Commissioner Halkiotis asked about the final report an two coal burning plants in Person County having a significant impact on air quality in Orange County. John Link said that this report is not finished. Commissioner Halkiatis said that there is a big battle looming and he wants to be ready. He said that every time someone suggests something positive, another group wants to take it away from local control. He thinks that asking taxpayers to use their money to clean up the air that is being polluted by private industry is morally wrong. Chair Carey said that he and Commissioner Jacobs participated in another County listening session last night at the Northern Human Services Center. Only two people showed up, but the weather was perfect that night. Chair Carey said that County Assembly Day will be held in Raleigh on May 25th. He would like to try to arrange a meeting with the legislative delegation in order to be brought up on the things in process on the County's behalf. Chair Carey acknowledged the emails that the County Commissioners have received about the OWASA mitigation tract. He has been responding back that Orange County has done all that it can to support OWASA's position. The County shares OWASA's view that there be no hunting on OWASA's lands. He thinks the approval of bow hunting by permit was a compromise by OWASA because of the commitment that was made when approval was given by the Corps of Engineers. Chair Carey made reference to the request for the workgroup that is working on the ten- year plan to end homelessness in Orange County. This is amulti-jurisdictional effort, and the County is being requested to submit financial resources to help implement the plan. Chair Carey acknowledged receipt of a letter from Chapel Hill-Carrboro City School Board Chair Lisa Stuckey. One of the items in the letter brings to the County Commissioners' attention the fact that the school's CIP will not be submitted by May 31St. The Manager has already adjusted the schedule to accommodate this. The other request that was made in the letter is for the County to provide some funding for High School #3 that is outside of the policy that was just adapted. The Board needs to discuss this. Unless he hears something from any of the County Commissioners, he will plan to write a letter back to Lisa Stuckey indicating that they just adapted a policy two weeks ago and he would not recommend opening it back up to provide funding outside the policy. Commissioner Gordon said that she did not realize that he was inviting comments. She said that the situation is that when the County Commissioners adopted the policy to use impact fees to pay debt service, there was already an existing interlocal agreement with the CHCCS that impact fees between now and when the school opens in August 2007 were to be used ($6.4 million) to fund the high school. She did not realize that the County would not fulfill the terms of this agreement. If the policy is applied and the terms of the agreement are changed, then the school system has to look for another $6.4 million in pay-as-you-go revenues. She thought the CHCCS would be held harmless. For the agreement to be amended, both parties have to sign. It seems to her that the fair thing would be to apply option 2 on the new policy to impact fees in the future and that the policy apply to all impact fees that have not already been encumbered by the pre-existing agreement. Commissioner Jacobs asked the County Attorney to give the County Commissioners a memo regarding the policy on impact fees and his understanding of the interlocal agreement and if it has been deviated from by the County Commissioners. Commissioner Foushee said that she would also like to hear from the County Attorney and how the funding policy is affecting the original agreement. She was not aware that the policy would preclude the impact fee funds. Commissioner Halkiotis would also like to see the County Attorney's opinion in writing. 4. County Manager's Report Jahn Link said that staff appreciates the support and acknowledgement of Wayne Davis' tragedy. His wife is expected to recover. There is an email address from their home church so that anyone can send an email to the family. John Link recognized Economic Development Director Dianne Reid, who gave an update on activities in the County. Dianne Reid said that last Thursday the Economic Development Commission along with Commissioners Halkiotis and Jacobs went on a bus tour to look at two local businesses. Bath have renovated previously vacant buildings and are doing great things. The first stop was Kingsdown, which manufactures mattresses. They have developed ahigh-end niche market, and they use just-in-time manufacturing. Mattresses are made and shipped out within two days so that there is not a lot of stock in the warehouse. The company exports to aver 22 countries and they have 120 employees at the site, and they have just added a third shift. The company offers an on-site nurse that is there two to three days a week. The nurse does on-site screenings at no charge to the employees. They also have a state of the art fitness center, which is open during lunch hour and before and after work, and there is a trainer available. The facility is bright and clean. It is an employee-owned company. The second visit was to Sport Endeavors. This business is currently the largest soccer and lacrosse outfitting operation in the world. They are adding rugby this fall. They employ 190 fulltime workers and 300 part-time workers during peak season. They added onto the building, which houses a break room and cafeteria and computer stations. There is also a new call center in the facility. They are thinking of adding a retail outlet. They get their employees largely through referrals by other family members and there are also a lot of students. Commissioner Halkiotis said that at Kingsdown the employees have to be analyzed by the company nurse before engaging in a physical fitness program. He asked if Orange County has a similar kind of program in Orange County. Commissioner Jacobs said that he talked with Health Director Rasie Summers about this and the County is getting some grant money to da this. 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 for the April 12 and 14 meetings as submitted by the Clerk to the Board. b. Board of Health -Reappointments The Board reappointed Christina Harlan to a first full term expiring June 30, 2008 and Dr. Sharon Van Horn to a second term expiring June 34, 2448. c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 67 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Classification Plan Amendment -EMS Data Communications Positions The Board amended the Orange County Classification and Pay Plan by changing the salary grade of the existing class of Wireless Communications Coordinator from Salary Grade 12 to Salary Grade 14 with a range of $31,939 - $41,499 and changing the title and salary grade of the existing class of Communications Data Technician from Salary Grade 16 to Communications Data Manager at Salary Grade 17 with a range of $37,039 to $48,125. e. Grant Application to NCACC for Employee Wellness Proaram Fundina This item was removed and placed at the end of the consent agenda for separate consideration. f. Resolution for Acceptance of Grant for Proposed Scenic Easement Proiect This item was removed and placed at the end of the consent agenda for separate consideration. g_ Approve Grant Purchase of Radio Communications Equipment for Emergency Responders The Board authorized the purchase of one hundred and forty-seven (147} Motorola XTS 2500 Tier II 800 MHz portable radios for emergency response agencies within the county, with a cost not to exceed $471,000, utilizing Homeland Security grant funding; and authorized the Purchasing Director to execute paperwork as may be appropriate; and directed staff to file for reimbursement pursuant to terms of the grant. h. Authorize Application far U.S. Department of Justice, COPS Program The Board authorized the Department of Emergency Management to submit an application for earmarked funding from the U.S. Department of Justice Office of Community Policing Services (COPS) Technology grant program and accept the grant award once it is approved and execute all additional administrative and logistic actions related to fully carrying out the grant agreement. i. Audit Contract for the June 30. 2005 Fiscal Year The Board approved a contract to Cherry, Bekaert & Holland, Certified Public Accountants, for the provision of audit services far the Fiscal year ending June 30, 2005 and authorized the Chair to sign. L Child Support Attorney Contract The Board approved a contract with Coleman, Gledhill, Hargrave and Peek to provide legal representation for the Child Support office for FY 2005-2006 and authorized the Chair to sign. k. Blue Cross Blue Shield of North Carolina Ambulance Service Contract The Board approved a contract to allow the direct payment of insurance reimbursements to Orange County from Blue Cross Blue Shield of North Carolina (BCBSNC) for Emergency Management ambulance services and authorized the County Manager to sign subject to final review by staff and the County Attorney. I. Surveyor Services -Homestead Community Center Wastewater System Repair The Board: 1) Authorized the staff to develop a scope of services and an agreement with a qualified and available surveyor; 2) Authorized the Manager to execute the agreement, subject to final review by staff and the County Attorney; and 3) Made the statutory determination to exempt this project from the selection process under the provisions of NCGS §143-64.32. m. Contract Renewal: The People's Channel The Board approved renewing an agreement with The People's Channel far videotaping County Commissioner meetings for fiscal year 2005-2006 pursuant to the referenced cost schedule; and authorized the Chair to sign on behalf of the Board. n. Development AareementAmendment -Habitat for Humanity This item was removed and placed at the end of the consent agenda for separate consideration. o. Proiect Modification - EmP~WERment, Inc. The Board approved a request to modify a FY 2001 Housing Bond Project awarded to EmPOWERment, Inc. to allow sale of homes to persons earning up to 80°l0 of area median income. ~ Budget Amendment #12 This item was removed and placed at the end of the consent agenda for separate consideration. ~ RFP Award - GIS Map Display Software System The Board awarded an RFP to Sprint of Hickory, North Carolina in the amount of $43,484.23, and authorized the Purchasing Director to execute the appropriate paperwork. r. Bid Award - CNG Fueling Station This item was removed and placed at the end of the consent agenda far separate consideration. s. Bid Award: Blasting Services for Landfill This item was removed and placed at the end of the consent agenda far separate consideration. t. Bid Award: Self Propelled Front Mount Street Broom for Landfill This item was removed and placed at the end of the consent agenda for separate consideration. u. Lease Renewal: Moody Building -103 Laurel Avenue, Carrboro The Board approved the lease renewal for the Moody Building through June 30, 2008 under the terms and conditions as stated; and authorized the Chair to sign on behalf of the Board. v. Lease Renewal: Probation and Parole at 103 Laurel Ave.. Carrboro The Board approved the three-year lease renewal through June 30, 2008 at the rate cited herein, and authorized the Chair to sign on behalf of the Board. w. Pyrotechnics Approval: Blue Cross Blue Shield Family Day The Board approved the pyrotechnics permit for Blue Crass/Blue Shield Family Day 2005 on Saturday, June 4, 2005 contingent upon final approval of the set up by the Emergency Management Director or his designee. x. Petitions for Addition of Jomali Drive (ext.), Zapata Lane and Tanya Drive (ext.) to the NC Secondary Road System The Board approved the requests to add Jomali Drive {extension}, Zapata Lane, and Tanya Drive (extension} to the State Secondary Road System. }~ Schools Adequate Public Facilities Ordinance (SAPFO) -Approval of 2005 SAPFOTAC Recommendations This item was removed and placed at the end of the consent agenda for separate consideration. z. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar for the year 2005 by adding two public hearings; Wednesday, August 24, 2005 at the Southern Human Services Center and Wednesday, August 31, 2005 at the F. Gordon Battle Courtroom; and adding a special meeting (work session) on Monday, May 23, 2005 at 5:30 p.m. at the Government Services Center to discuss EMS/Fire/Rescue Squad issues and the county's position on proposals regarding development on the Jordan Lake watershed. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA e. Grant Agolication to NCACC far Emolovee Wellness Program Funding The Board considered endorsing the County's grant application to the North Carolina Association of County Commissioners (NCACC) Risk Management Pool far Employee Wellness Program funding. Health Director Rosemary Summers said that this grant proposal is for an employee loans program for County employees. It is a collaborative effort between Healthy Carolinians of the Orange County Health Department and the Personnel Department. The North Carolina Association of County Commissioners has same grant funds available to counties who may be interested in providing employee wellness programs. This is the first effort to do this. A lot of time has been spent gathering data and deciding the direction of the program. The grant proposal looks at three items to start with. First is a health risk appraisal, which will be done by the Health Department and sent confidentially to an independent company who will prepare an individual report and will provide the County an aggregate report. Blue Cross also has many programs available which employees with diabetes, hypertension, chronic heart conditions, and asthma can take advantage of (free advice lines, etc.). There will also be some lunch and learn programs to help employees with physical activity and nutrition planning. They will also look at the environment and try to improve the options in vending machines in County buildings and encourage people to take stairs and to do more walking. Mare health risk appraisals will be done in a year to measure the progress of the program. Commissioner Faushee said that she did attend the Healthy Carolinians meeting last week and she understands that the Manager will be the first person to sign up. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve endorsing the County's grant application to the North Carolina Association of County Commissioners (NCACC} Risk Management Pool for Employee Wellness Program funding. VOTE: UNANIMOUS f. Resolution for Acceptance of Grant for Proposed Scenic Easement Project The Board considered adopting a resolution authorizing the Manager to sign for the acceptance of $141,269 from the North Carolina Department of Transportation's Enhancement Program for acquisition of a scenic conservation easement along a portion of St. Mary's Road in Orange County. The terms of the final agreement are subject to final review by staff and County Attorney. Rich Shaw from Environment and Resource Conservation said that the resolution had an inconsistency, and this has been corrected. The resolution recognizes that the Manager will sign the agreement between the County and the Department of Transportation and not the Chair. Geof Gledhill said the action would be to approve the resolution that allows the Manager to sign. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adopt the resolution, which is incorporated by reference, authorizing the Manager to sign an agreement with the NC Department of Transportation far the receipt of $141,269 in matching funds for acquisition of a scenic conservation easement along an as yet unspecific segment of St. Mary's Road. The terms of the final agreement are subject to final review by staff and the County Attorney. Commissioner Gordon said that under the financial impact it says that DOT will reimburse the County to an extent of 80% of the eligible costs of a conservation easement purchase up to the maximum federal award of $141,269. She asked what has to be reimbursed if the federal award is $141,269. Rich Shaw said that the expectation is that the County will acquire and pay for the easement and DOT will pay the County back the 80°~ of the cast of the easement. NCDOT is administering the federal funds. VOTE: UNANIMOUS n. Development Agreement Amendment -Habitat for Humanity The Board considered approval of an amendment to the Development Agreement between Orange County and Habitat for Humanity of Orange County, NC, Inc. dated February 23, 2403 for the acquisition of property on Sunrise Road in Chapel Hill and authorizing the Manager to execute the amendment upon approval of the County Attorney. PUBLIC COMMENT: Steve Herman said that he has lived in the Sunrise Raad neighborhood for 25 years. He said that about four years ago he and his neighbors came before the Board to blow the whistle on another project at Sunrise Road and I-40. That time it was an upscale subdivision, whose preliminary application did not disclose the trees that had already been clear-cut without authorization. He said that this was another snow job because it shows the same attempt to secure Board approval by withholding certain information. He made reference to the requirement of Habitat for Humanity to involve the surrounding community in the planning. The summary report indicates that Habitat has included the neighbors and there is no opposition. He said that the report fails to indicate that the neighborhood opposition runs stronger than ever, as evidenced by a petition signed by 197 community residents. Following the series of meetings, Habitat cut off all communication with the residents and has refused repeated requests for direct dialogue. He said that at the meetings Habitat was not very forthcoming and it seemed that they had already written off the residents as an obstacle to overcome. He made reference to the I-40 noise pollution issue, which was central to the protest four years ago. The topography of the Habitat project will make the highway noise worse. He said that during rush hour the sound is deafening. He said that Habitat seems to be in no particular rush to produce the sound studies. He said that all of the neighbors admire and support the goad work that Habitat has done for Orange County. He said that this does not justify ignoring the problems of the past two years. Richard Surwit has lived in Chapel Hill for 27 years. He is speaking as a member of the Sunrise Coalition regarding Habitat for Humanity's request for $70,000 for the Sunrise Ridge project. He said that Habitat continually refuses to provide information regarding its project to the neighbors that will be impacted by it, and now Habitat is coming back to the County Commissioners to request an additional $70,000 to cover non-specified pre-development costs for a project that has no neighborhood support. He does not think that the $70,000 will result in a successful development. It is the position of the Sunrise Coalition that when a group's activities are funded by tax dollars, they are mandated to operate in the open even if the law does not specifically require it. It is also the Sunrise Coalition's position that the County Commissioners need to say to any non-profit requesting public funding that once public funding has been provided, the non-profit's activities must be entirely open to public scrutiny or the non- profit will lose public funding. He said that given Habitat's refusal to keep the public informed in a timely fashion regarding the use of public money, Sunrise Coalition believes that the County Commissioners should deny this request far funding until Habitat agrees to proper public accountability. Dour Schworer is also a member of the Sunrise Coalition. He said that he attended all of the neighborhood meetings, and he agrees with Steve Herman's assessment that the meetings failed to generate any meaningful dialogue and the process excluded the neighbors, while giving the impression that the neighbors were involved. They feel that Habitat must be accountable to the surrounding community in order to be compliant with paragraph 3 of the development agreement. Habitat must provide evidence that the surrounding community has been involved in the development process. He said that tonight Habitat wants to change the dates in the development plan and it was not discussed with anyone except Orange County. He said that in letters dated as far back as December 2003, their attorney, Michael Brough, provided a letter to John Tyrrell, who was then President of Habitat for Humanity, and the letter stated, "If the preordained result of the charrette process is a proposal that is inconsistent with the principles expressed above, they (Sunrise Coalition} do not wish to run the risk of having it said down the road that they have in any meaningful sense been involved in the development of the proposals that emerged." He said that this is what has occurred. A second letter was followed up on January 16, 2004, and he read, "A charrette involving those who have an interest in affordable housing in Chapel Hill is a fine idea, and many fine people live in Chapel Hill and elsewhere and have been involved. But when a development is proposed in any existing neighborhood, the Council has long encouraged a meaningful interchange between the developer and those immediately affected by the proposed development." This is consistent with Paragraph 3 of the Orange County development plan. Habitat must involve the surrounding community of the development process. Until this occurs, dates will continue to slip, costs will continue to go up, and the Town, County, State, and Federal money will be at risk. The Coalition feels that no decision should be made to the development agreement until a committee or subcommittee of Board members has an opportunity to meet with members of the surrounding community. Alan Lucier lives on Oak Hill Road, which runs off of Sunrise Road. He made reference to his handout. The first page is a summary of the concerns of the neighbors. In brief, a high- density project proposed in aloes-density neighborhood on a site with wetlands, steep slopes, noise issues, and traffic issues does not make sense. He said that they needed the County Commissioners' help to get this project back on track. The second page is the petition that the neighbors signed opposing the concept plan that Habitat submitted to the Town of Chapel Hill. He provided the Clerk with the signatures. He said that the neighbors do not feel that they have been involved and they object to the plan because it does not make sense on this environmentally sensitive site, which is in the headwaters of Jordan Lake. The last page of the handout is page one of the development agreement that the County Commissioners have been asked to modify. He made reference to two critical statements -one in which Habitat expresses intent to build single-family dwellings on this site and the second in which Habitat agrees to construct 25 dwelling units. The modification indicates duplexes, triplexes, and 50 units on the same property. The statements are as follows: "Whereas, Habitat intends to construct single family dwelling units available to first-time homebuyers earning up to 80°~ of HUD area median income; and Whereas, Habitat agrees to utilize the funds provided by the County for the purpose of acquiring Property for the purpose of constructing 25 dwelling units..." He asked the Board of County Commissioners to defer action on this request and dig into the issues. Commissioner Halkiotis pointed out that Susan Levy, Executive Director of Habitat for Humanity, was in the audience. He asked about the experience of Habitat with duplexes and triplexes and how the maintenance is handled. Susan Levy said that in Orange County they have not yet built duplexes and triplexes. Part of the plan was to work collaboratively with Orange Community Housing, who has built town homes. The ownership is typically under a homeowner's association that handles the maintenance. Commissioner Jacobs asked Susan Levy to provide a cost breakdown of the development. Susan Levy said that the engineering has not been done at this stage. She could only give a broad estimate. Commissioner Gordan asked how this development plan got from single-family to multi- family. Housing and Community Development Director Tara Fikes said that the 25 units in the development agreement are tied to the actual County dollars that were provided to Habitat for the purchase of this property. The funds were tied to the 25 single-family units. Commissioner Gordon asked who would be responsible for the other units. Tara Fikes said that this is Habitat's determination. Geof Gledhill said that this agreement does not require these single-family dwelling units to be detached. He will look at this further with Tara Fikes. Commissioner Jacobs asked about the County's policy regarding the transparency of non-profits to which the County provides funding. Tara Fikes said that at this time the agreements do not require that any documents be made available to the public. Certain documents must be made available to the County, such as the annual audit. Commissioner Jacobs pointed out that this makes the documents public since it would be made available to the County. A motion was made by Chair Carey, seconded by Commissioner Jacobs to approve an amendment to the Development Agreement between Orange County and Habitat far Humanity of Orange County, NC, Inc. dated February 23, 2003 far the acquisition of property on Sunrise Road in Chapel Hill and authorize the Manager to execute the amendment upon the review and approval of the County Attorney. Commissioner Jacobs said that he hopes there will be better communication in the future with the community. VOTE: UNANIMOUS ,~ Budget Amendment #12 The Board considered approving budget ordinance and capital project ordinance amendments for fiscal year 2004-05. Commissioner Gordon said that she found errors in the capital project ordinance. She made reference to attachments 3 and 4, section 4 and pointed out discrepancies in land acquisition amounts. Assistant County Manager Rod Visser recommended that the Board defer this so that the staff can check the numbers. John Link suggested that the Board approve the remaining items. A motion was made by Commissioner Jacobs, seconded by Commissioner Faushee to approve the remaining items in the budget amendment for Department of Social Services, Department on Aging, Health Department, and Triangle Sportsplex. VOTE: UNANIMOUS r. Bid Award -CNG Fueling Station The Board considered awarding a bid for a Fuelmaker Fast-Fill CNG Fueling Station from Oil Equipment Sales & Service Company of Chesapeake, VA at the County's planned site at Public Works at a cost of $96,465; and authorizing the Purchasing Director to execute the necessary paperwork. Commissioner Halkiotis asked the Manager to get in writing what five vehicles have been ordered, for which departments, and the cost of these vehicles. He understands that the Manager will be driving one of the compressed natural gas vehicles. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve awarding a bid for a Fuelmaker Fast-Fill CNG Fueling Station from Oil Equipment Sales & Service Company of Chesapeake, VA at the County's planned site at Public Works at a cost of $96,465; and authorize the Purchasing Director to execute the necessary paperwork, and that the Manager will provide in writing details about the five vehicles. VOTE: UNANIMOUS s. Bid Award -Blasting Services for Landfill The Board considered awarding a contract far blasting at the Orange County Landfill from Mid South Drilling, Inc. of Mocksville, North Carolina at a cost of $23.30 per cubic yard (estimated total cost of $41,008) and authorizing the Purchasing Director to execute the necessary paperwork. Commissioner Halkiotis said that he and Commissioner Jacobs attended a blasting ceremony at the quarry on NC 54 a few years ago and the Board heard citizens complain about blasting issues. He thinks the Board needs to take blasting issues extremely seriously. He read from the abstract, "However, staff will closely monitor the process and advise landfill neighbors of blasting activities if circumstances warrant." He thinks that landfill neighbors need to be advised well in advance of what is going on and what to expect. The Board needs to be proactive and make sure that the educational program takes place. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to award the bid to Mid South Drilling, Inc., of Mocksville, North Carolina at a cost of $23.30 per cubic yard (estimated total cast of $41,008}, and authorize the Purchasing Director to execute the necessary paperwork, with the caveat that the neighbors will be notified well in advance of any blasting. VOTE: UNANIMOUS t. Bid Award: Self Propelled Front Mount Street Broom for Landfill The Board considered awarding a contract far the purchase of a Self Propelled Front Mount Street Broom from Interstate Equipment Company of Cary, North Carolina at a cost of $35,369, for use at the Orange County Landfill and authorizing the Purchasing Director to execute the necessary paperwork. Commissioner Jacobs asked for a list of what equipment is being proposed for the landfill operation. He feels like it is a never ending list and he would like to know what has been ordered or will be ordered. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award a bid to Interstate Equipment Company of Cary, North Carolina at a cost of $35,369 and authorize the Purchasing Director to execute the necessary paperwork. Staff will also provide a list of the proposed equipment for the landfill operation. VOTE: UNANIMOUS ~ Schools Adequate Public Facilities Ordinance (SAPFOI-Approval of 2005 SAPFOTAC Recommendations The Board considered approving student membership projections of the Orange County Schools {OCS) and Chapel Hill-Carrboro City Schools (CHCCS), as outlined in the 2005 Report of the SAPFO Technical Advisory Committee (SAPFOTAC). Commissioner Gordon made reference to the projections on pages 46 and 47 and pointed out some mistakes. She thinks this makes the chart suspect and that the numbers should be run again and brought back. Craig Benedict said that he would work with the Budget Office to reevaluate the projections. Commissioner Gordan asked for copies of charts for pages 18-20, 42-47, and 65-66 because they were hard to read. The Board agreed to table this item until the numbers are checked. Commissioner Halkiotis would like to know whether the numbers are correct, and if they were not, then why they were not correct. John Link said that Item 5-j was approved, Child Support Attorney Contract. He pointed out that Lee Peek works hard to make this contract go smoothly. Chair Carey asked Lee Peek to come forward to be commended. 6. Resolutions or Proclamations a. Resolution of Intent to Connect OWASA Public Water and Sewer Service to the Proposed New Solid Waste Operations Center The Board considered approving a resolution of intent to connect the planned Solid Waste Management Operations Center (to be constructed in 2006 on Eubanks Road) to OWASA's water and sewer system. John Link said that a month ago the Board approved the conceptual plan for the Solid Waste Operations Center and agreed to pursue the architectural design services of this building. One of the elements the Board wanted to include was a suitably sized meeting roam. The Board also wanted to make sure there was water and sewer from OWASA for this building as opposed to a well and septic tank. The extension will go into a segment of the rural buffer. Rod Visser said that the County Attorney met with the staff and he went through the Water and Sewer Boundary Agreement in great detail. If the Board decides to have water and/or sewer run to this property into the rural buffer, there is a requirement that the property be determined to be an essential public facility. Geof Gledhill crafted a resolution that would indicate to the other entities the County's intent to connect to OWASA water and sewer. Commissioner Gordon objects to any water and sewer lines going into the rural buffer. She does not think that this meeting room is an essential public facility. Commissioner Halkiotis said that he supports the use of this meeting room to serve a larger audience. He wants to be reasonable with expenditures. He is tired of hearing that there are no rooms available for meetings. He asked how much landfill leachate the County was pumping and haw much it costs. Solid Waste Director Gayle Wilson said that it costs about $16,000 a year. Since 1995, the County has hauled over 14 million gallons of leachate. Rod Visser said that there is another agenda item that relates to engineering activity and sewer connection in the same general area. This particular piece of property is in the rural buffer. However, the property referenced in the other item is not actually in the rural buffer. Chair Carey said that he worked on the Water and Sewer Boundary Agreement for many years, and there was a lot of debate on what was considered an essential public facility. He said that if this is not an essential public facility, there is no such thing as an essential public facility. He said that this facility would serve the entire community. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a resolution of intent to connect the planned Solid Waste Management Operations Center (to be constructed in 2006 on Eubanks Road} to OWASA's water and sewer system. A RESOLUTION OF INTENT TO CONNECT OWASA PUBLIC WATER AND SEWER SERVICE TO THE PROPOSED NEW SOLID WASTE MANAGEMENT OPERATIONS CENTER, TO BE LOCATED IN THE RURAL BUFFER Whereas, extension of public water and sewer service into the Rural Buffer is governed by the Water & Sewer Management, Planning and Boundary Agreement (herein known as the Agreement}; and Whereas, The Town of Carrboro, The Town of Chapel Hill, The Town of Hillsborough, Orange County, and the Orange Water and Sewer Authority (OWASA) are parties to the agreement; and Whereas, Orange County intends to construct a new Solid Waste Management Department Operations Center on Orange County Tax Parcel 7.18.27C, a 4.05-acre parcel of land owned by Orange County; and Whereas, the parcel contains a site with Environmental Health Division approval for a septic system suitable for a typical 6,500-sq. ft. office building; and Whereas, the Operations Center is planned to include a community meeting room and educational facility that would generate sufficient visitors/occupants, perhaps up to 75 atone time, as to likely overburden the available septic system site; and Whereas, the parcel on which the Operations Center is to be constructed is located in the Rural Buffer of the Joint Planning Area, located in the Long Term Interest Area of OWASA as described in the Agreement, borders and is directly adjacent to the current Orange County Landfill, which is located in the Town of Chapel Hill's Transition Area of the Joint Planning Area and located in OWASA's Primary Service Area; and Whereas, the parcel on which the Operations Center is to be constructed is situated such that an extension of public water and sewer service to serve it would touch no other non-County owned property and thus not provide any likelihood or opportunity for further extension of these services into the Rural Buffer; and Whereas, the Agreement does not prescribe the method by which public water and/or sewer service is to be extended to serve an essential public facility located in the Rural Buffer. NOW, THEREFORE, BE IT RESOLVED that Orange County hereby notifies The Town of Carrbaro, The Tawn of Chapel Hill, The Tawn of Hillsborough, and OWASA that it intends to apply to OWASA for public water and sewer service to serve only Orange County Tax Parcel 7.18.27C and that this application will be made under the provisions of the Agreement authorizing public water and sewer service in the Rural Buffer to serve an essential public facility. BE IT FURTHER RESOLVED that Orange County welcomes comments, respectfully requested to be received on or before June 7, 2005, from The Town of Carrboro, The Town of Chapel Hill, The Town of Hillsborough, and OWASA regarding Orange County's intention to serve Orange County Tax Parcel 7.18..27C with public water and sewer provided by OWASA. This, the 17t" day of May 2005. VOTE: Ayes, 4; Nay, 1 (Commissioner Gordon) b. Resolution Establishing the Orange County Unified Transportation Advisory Board The Board considered a resolution establishing a transportation advisory board for Orange County to study transportation issues in Orange County and, as appropriate, advise the Bacc. Transportation Planner Karen Lincoln said that this item is to consider a resolution that would establish a transportation advisory board for Orange County to study transportation issues in Orange County. In February, the County Commissioners voted to create the Orange County Unified Transportation Advisory Board, that would consist of 14 members, with a 15t" member being a Board of County Commissioners' liaison. The resolution establishes the charge and the membership. The terms of the board members still need to be decided. Commissioner Foushee questioned why afour-year term would be used as apposed to a three-year term, which is normally used for boards and commissions. Commissioner Gordon supported Commissioner Foushee's comments to have a regular term of three years, with an initial term for seven of the members to be for two years. She suggested the following terms: 5 people with a term of 1 year 4 people with a term of 2 years 5 people with a term of 3 years Commissioner Jacobs suggested appointing the members before the summer break. A motion was made by Commissioner Gordan, seconded by Commissioner Foushee to approve a resolution establishing a transportation advisory board for Orange County to study transportation issues in Orange County and, as appropriate, advise the BOCC, with the designated terms as above. A RESOLUTION ESTABLISHING THE ORANGE COUNTY UNIFIED TRANSPORTATION ADVISORY BOARD WHEREAS, the citizens of Orange County have expressed a strong and continuing desire to have safe and adequate multimodal transportation facilities that offer options for travel that enhance the social and economic well-being of the County; and WHEREAS, the Orange County Board of County Commissioners {the Board} has promoted the improvement of the County's transportation facilities through participation in regional transportation planning organizations, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Triangle Area Rural Planning Organization, and through inviting discussions with the North Carolina Department of Transportation; and WHEREAS, the Board wishes to continue to emphasize the importance of improvements to the County's transportation network, and to ensure that aregion-wide and County-wide perspective is maintained, while at the same time remaining sensitive to the needs of its citizens and businesses: and WHEREAS, the Board recognizes the correlation between transportation and land use; NOW THEREFORE BE IT RESOLVED that the Orange County Board of County Commissioners establishes an Orange County Unified Transportation Advisory Board {OCUTAB). OCUTAB, under continuing direction of the Board of County Commissioners, will advise the Board and provide information and comments on major transportation issues; and provide to the Board recommendations regarding the overall planning and programming of transportation improvements in the County; and BE IT FURTHER RESOLVED that the OCUTAB will: • Identify and prioritize the County's roadway and transit needs along with associated casts and specific sources of funding; • Assist in development and review of the transportation component of the Comprehensive Plan; • Provide recommendations to the Board regarding Federal and State legislation affecting transportation in Orange County; and • Explore and make recommendations on innovative techniques and methods to improve the efficiency and capacity of existing and future transportation systems; and BE IT FURTHER RESOLVED that the OCUTAB will consist of fifteen members, who are residents of Orange County, and are qualified by knowledge or experience to make recommendations on transportation issues, and membership will contain one member from each of the seven townships, one Board liaison, one member from the Planning Board, one member from the Economic Development Commission, one member from the Commission for the Environment, one member from the Transportation Services Board, one memberladvocate for bicycle transportation, one memberladvocate for pedestrian access and safety, and one memberladvocate for transit. The members will be appointed by the Board, with a regular term of membership of 3 years, with the initial term of 5 members being 1 year, the initial term of 4 members being 2 years, and the initial term of 5 members being 3 years. The OCUTAB will determine a regular meeting schedule; and BE IT FURTHER RESOLVED that the County will adequately staff, and task other offices to support, the Orange County Unified Transportation Advisory Board. VOTE: Ayes, 4; Nay, 1 {Commissioner Halkiotis) c. Resolutions Providing Comments Regarding Draft 2006 - 2012 State Transportation Improvement Program (STIP) The Board considered resolutions providing comments regarding Draft 2006-2012 State Transportation Improvement Program (STIP}. Karen Lincoln said that there are two resolutions: one to the North Carolina Department of Transportation (NCDOT} and one to the Transportation Advisory Committee (TAC) of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO). NCDOT has set a June 3~d deadline far receiving comments on the Draft 2006-2012 State Transportation Improvement Plan. The MPO expects to have a public hearing on the local portion of their plan on June 8th and plan to adopt in August. Commissioner Jacobs made reference to the Buckhorn Road widening and the park and ride lot and said that there was a third item that was between those two items. He asked what happened to this item, which were improvements to Efland-Cedar Grove Road. This was page 12. Karen Lincoln said that this was one of the projects proposed for the 2007-2013 priority list. She did not include it in this document because it was not requested for the 2006-2012 TIP. Commissioner Jacobs said that since they want to advance that project, it should appear in the previous TIP. Karen Lincoln said that it could be included, but DOT will not consider it. Craig Benedict said that including it might not help but it would not hurt. Commissioner Gordon said that she looked at the transportation priority list for consideration of funding and made sure that everything that was asked for was in the list. This item was not on the priority list. DOT will not consider it because it was not an the priority list. She said that as long as it is in the 2007-2013 plan, it would be considered. Commissioner Jacobs would like to insert the Efland-Cedar Grave item in the language. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve resolutions providing comments regarding Draft 2006-2012 State Transportation Improvement Program (STIP}. There are two resolutions: one to the North Carolina Department of Transportation (NCDOT) and one to the Transportation Advisory Committee {TAC) of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO}, with Efland Cedar Grove extensions included. A RESOLUTION PROVIDING COMMENTS TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING THE DRAFT 2006 - 2012 STATE TRANSPORTATION IMPROVEMENT PROGRAM DIVISION 7 PROJECTS IN ORANGE COUNTY WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and WHEREAS, Orange County has submitted a Priority List of Transportation Projects for inclusion in the 2006 - 2012 State Transportation Improvement Program (STIP); and WHEREAS, the North Carolina Department of Transportation has considered the Priority Lists submitted by local jurisdictions in the development of the 2006 - 2012 State Transportation Improvement Program (STIP}, and has released the Draft 2006 - 2012 STIP for public comment; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board submit the attached comments to the North Carolina Department of Transportation for consideration by the North Carolina Board of Transportation when adopting the 2006 - 2012 State Transportation Improvement Program. A RESOLUTION PROVIDING COMMENTS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE REGARDING THE DRAFT 2006 -2012 TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, the North Carolina Department of Transportation has considered the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization's (DCHC MPO) Priority List for the 2006 -2012 State Transportation Improvement Program {STIP}, and has released the Draft 2006 -2012 State Transportation Improvement Program (STIP) far public comment; and WHEREAS, Orange County, as a member of the DCHC MPO, has participated in the development of the Durham-Chapel Hill- Carrboro (DCHC) Metropolitan Priority List for the 2006 -2012 STIP; and WHEREAS, the DCHC MPO Transportation Advisory Committee {TAC) is charged with the development of the Metropolitan Transportation Improvement Program (MTIP), which is consistent with the STIP: and WHEREAS, Orange County may offer additional comments on this draft Transportation Improvement Program at a later date; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board submit the attached comments to the DCHC Transportation Advisory Committee to be considered in the development of the final 2006 -2012 DCHC Metropolitan Transportation Improvement Program. VOTE:UNANIMOUS d. Resolution -Opposition to Proposed Budget Reductions to Criminal Justice Programs The Board considered approving a resolution in opposition to the proposed NC Senate budget reductions for Criminal Justice Programs with all BOCC members signing the resolution, and instructing the Clerk to forward copies to Orange County's legislative delegation. Assistant County Manager Gwen Harvey said that this resolution is in opposition to the proposed reductions in the State budget that would negatively impact some programs of great benefit to the residents of Orange County. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve a resolution in opposition to the proposed NC Senate budget reductions far Criminal Justice Programs with all BOCC members signing the resolution, and instruct the Clerk to forward copies to Orange County's legislative delegation. RESOLUTION OPPOSITION TO PROPOSED BUDGET REDUCTIONS TO CRIMINAL JUSTICE PROGRAMS WHEREAS, the joint House-Senate Justice and Public Safety Committee has released a list of Budget Reduction Options that include the elimination of Sentencing Services, Pre-Trial Release Services, Drug Treatment Court, Family Court, District Court Arbitration, and reductions to the Juvenile Crime Prevention Councils and Dispute Settlement Centers; and WHEREAS, the proposed cuts will have a tremendous adverse, negative impact upon the administration of criminal and civil justice in Orange County; and WHEREAS, the Criminal and Civil Courts must have adequate resources to address the many criminal, substance abuse, mental health, domestic, employment, and educational and other problems confronted by the residents of Orange County; and WHEREAS, these programs help the Courts by addressing multiple underlying problems rather than merely resolving the legal matter brought before the court; and WHEREAS, these cuts will have particular negative impact upon the poor, the disadvantaged, and the addicted, and further decrease their ability to became productive taxpaying residents; NOW, THEREFORE, we, the members of the Orange County Board of Commissioners, do hereby resolve that: 1) All members of the Orange County delegation in the General Assembly be advised that the Orange County Commissioners oppose the elimination of Sentencing Services, Pre- Trial Release Services, Drug Treatment Court, Family Court, District Court Arbitration, and the District Attorney investigator position; and 2) The Orange County delegation be requested to lobby all members of the General Assembly to appose all of these cuts, and further to inform the General Assembly that these programs save Orange County and the State of North Carolina money that would otherwise be spent for additional prison and jail facilities. This the 17th day of May, 2005. John Link said that in paragraph 2 of the "Therefore" portion, he would suggest using the word "requested" instead of "directed." The Board agreed to this change. VOTE: UNANIMOUS ?. Special Presentations a. Prison Labor Report The Board received a report on the County's use of prison labor and provided direction to staff on County use of prisan labor. Personnel Director Elaine Holmes said that the Board requested this report on January 24t" and an interim report was provided on March 3~d. Orange County Correctional Superintendent Mike Thumm was in attendance and was available to answer questions. Human Rights and Relations Director Milan Pham and Economic Development Director Dianne Reid were also available. Commissioner Jacobs thanked the Clerk's office for searching out the article on the pink sheet. He was hoping that Orange County might consider establishing some kind of entry level job opportunity and work with the prisan system to help people make the transition back into society. Commissioner Jacobs asked haw well this works with the Durham County. He would want to proceed cautiously. Commissioner Halkiotis supported Commissioner Jacobs, but his objection to using inmate labor is the perception that the County is using cheap labor. If it is a program for re-entry into the workforce, then he could support this. He asked Elaine Holmes and Dianne Reid to get together with the Department of Corrections to develop a creative model for prison labor. Commissioner Gordon asked Mike Thumm to come forward and make any comments. Mike Thumm said that he has been at the Orange Correctional Center since 1982. He has been the superintendent since 1988. He said that he is committed to try and make a change in people's lives. He is very open to a partnership with Orange County. Commissioner Foushee offered her support to any program that lends itself to rehabilitation, but she would like to know of any situations where employees might have felt threatened. Mike Thumm said that he did not know of any problems like this. He does regularly receive phone calls from Chapel Hill when there are inmates working in the Town of Chapel Hill cleaning walkways, etc. Chair Carey said that he was at a meeting recently where it was quoted that 25-30,000 men were released from prison every year, and many come out without work skills. He would like for Orange County to take a leadership role in skills development and educational opportunities for inmates. Commissioner Halkiotis would also be willing to help. 8. Public Hearings-NONE 9. Items for Decision--Regular Agenda a. RFP Award: Needs Assessment for Replacement of Land Services Software The Board considered awarding a contract to the Carolina Consulting Group of Matthews, North Carolina, to provide a needs assessment for possible replacement of the current legacy land records/tax assessor/revenue collector/register of deeds software application. Rod Visser said that the County still has several elements of software that are vital to citizens that are antiquated, or 20-30 year old software. Several years ago, the Board authorized the staff to engage in a stepwise process that led to the replacement of the software for Personnel, Finance, Purchasing, and Budget. This proposal is to use the same stepwise process far reviewing the current land services software, which is relating to Land Records, Register of Deeds, Tax Applications, Environmental Health, Planning, etc. The proposal is for the Board to authorize the expenditure of $56,625 for a bid award to the Carolina Consulting Group. He introduced the staff present. Commissioner Halkiotis said that a couple of years ago they worked with the Register of Deeds and expended a considerable amount of money for a new system. He asked how this interfaced with what has already been done. Rod Visser said that this was related to specific deeds information, and this is broader information. Todd Jones said that the Register of Deeds system has been put into place and it mostly manages the deeds themselves (recording and storing the deeds for access). The deeds system would not be directly affected by what is proposed in this item, but there are some integration issues. The Register of Deeds would continue to use the new system. Commissioner Halkiotis asked how this system would interface with the Planning Department's new soffinrare package. Todd Jones said that Planning was asecond-tier stakeholder in this system. The primary stakeholders would be Land Records and Taxes. Craig Benedict said that they have been waiting for a better base system like this to be able to export some of the information that they are collecting into a land services software base that could spread data amongst the departments even more. Commissioner Jacobs verified that the money was already budgeted for this. A motion was made by Commissioner Foushee, seconded by Chair Carey to 1) Award bid number 5107 to Carolina Consulting Group of Matthews, North Carolina, at a cost of $56,625; 2) Approve a contract pursuant to the terms of the Requests far Proposals contingent upon Attorney and Staff review; and 3) Authorize the Chair to sign the contract on behalf of the Board. VOTE: UNANIMOUS b. Contract for Engineering Services to Design Landfill Sewer Connection The Board considered engaging the services of Philip Post & Associates to design a force main and gravity sewer to transport leachate from the onsite leachate storage lagoon at the Orange County Landfill to a proposed new manhole at the northeast corner of Eubanks Road and Millhouse Road and authorizing the Chair to sign subject to final review by staff and the County Attorney. Purchasing and Central Services Director Pam Jones summarized this information. She pointed out that, in anticipation that the sewer might be extended to the Solid Waste Operations Center, there has been a component of this contract added so that the same designer can extend the line out to the center. The cost is $97,000 for both components of the project. Commissioner Halkiotis said that he plans to vote against this because he does not think it is a good way to do business. There are a number of engineering firms in Orange County, and he would like to see competitive bids. He is only against the process. Pam Jones said that they did solicit bids from a number of firms. Philip Post & Associates submitted the only proposal. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the Agreement with Philip Post & Associates to design a force main and gravity sewer to transport leachate from the onsite leachate storage lagoon at the Orange County Landfill to a proposed new manhole at the northeast corner of Eubanks Road and Millhouse Road and authorize the Chair to sign the Agreement, subject to final review by staff and the County Attorney. VOTE: Ayes, 4; Nay, 1 (Commissioner Halkiotis) c. Proposed County Noise Control Ordinance Revisions The Board considered adoption of proposed revisions to the County noise control ordinance. Craig Benedict said that this item was before the Board in a public hearing at the end of last year as a follow up to some complaints in the community. After meeting with residents and with the people that were creating the noise for sometimes-recreational purposes, the staff researched what has happened in other counties. They worked with the Sheriff's Office and the County Attorney's office to help with the revisions. He spoke about the three types of enforcement provisions: 1. There will be specific prohibited noises. 2. Reasonable neighbor standard {warning that there has been a complaint). 3. Specific hours of operation of louder noises. Craig Benedict explained the blue handout of Sheriff's Office Enforcement Procedures for the County Noise Ordinance Violations and Penalties, which are incorporated by reference. He said that the reasonable enforcement standard that the Sheriff will be working with allows some latitude to interpret the ordinance. PUBLIC COMMENT: Gene Poveromo lives at 4639 Old Greensboro Road and said that he lodged a complaint with the County two years ago about some noise issues. Things have decreased, bui he expects them to possibly resume in the near future. He said that he would like the Board of County Commissioners to be open to re-visiting this issue in 12 months to see how it works. He appreciated Craig Benedict's explanation, which answered some of his questions. Commissioner Gordon asked why there are criminal penalties for making noise. Geof Gledhill said that violations of all County ordinances are misdemeanors. Someone would have to accumulate a series of convictions before going to jail for violating the ordinance. Commissioner Halkiotis asked about the decibel range for the chiller unit at the Whitted Center. He wants to find out if the County is in violation of its awn ordinance. Geof Gledhill said that this ordinance does not operate in the Town of Hillsborough. Commissioner Halkiotis said that he is in support of this if the County is not in violation of it. John Link will follow up on this. Commissioner Jacobs made reference to the definitions on page 8, sound level meter and type 3 instrument, and suggested finding another term or defining these terms. Commissioner Jacobs asked about specific prohibitions. He made reference to page 13 and asked for clarification on discharging firearms at any time. Craig Benedict said that the ordinance is written this way at this time. Discussion ensued about the legal hunting that goes on from 9:00 p.m. to 7:00 a.m. Commissioner Jacobs would like a little more thinking to go into this issue. He is concerned about people discharging firearms in a residential area. Commissioner Jacobs said that the County despairs of ever enforcing some of the zoning violations and he asked Geof Gledhill if this is enforceable, the way it is restructured. Geof Gledhill said that they have not had experience with using this ordinance, but they have had reasonably good success with similar penalties with the Animal Control Ordinance. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adopt the amended noise control ordinance, with the stipulation that there be additional investigation about discharge of firearms. Geof Gledhill made reference to two technical corrections. Craig Benedict pointed out these corrections. On page 9, subsection 3, the word "motor vehicles" was inserted as opposed to "vehicles." On page 10 in the table, the word "applicable" was added to the title of the table, "Orange County Applicable Zoning Ordinance." Commissioner Halkiotis suggested tabling this item and bringing it back in a clean fashion. Commissioner Jacobs withdrew his motion. THIS ITEM WAS TABLED. d. Appointments {1) Affordable Housing Advisory Board iAHAB} -One New Appointment The Board considered making one new appointment to the Affordable Housing Advisory Board. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Steve Clements to the Affordable Housing Advisory Board at an At-Large Position, with a term expiring June 30, 2008. VOTE: UNANIMOUS {2j Agricultural Preservation Board -One New Appointment The Board considered making one new appointment to the Agricultural Preservation Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Vickie M. Brown to the Agricultural Preservation Board for an At-Large Position, with a term expiring June 30, 2008. VOTE: UNANIMOUS {3) Board of Health -One New Appointment The Board considered making a new appointment to the Board of Health. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to appoint Dr. James Stefanadis to the Board of Health to a full term ending June 30, 2007. UOTE: UNANIMOUS {4) Commission for Women -New Appointments The Board considered making appointments to the Commission for Women. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint the following citizens to the Commission for Women: Position #7 At- Large Doris Jean Bynum (first full term expiring June 30, 2007) Position # 11 Chapel Hill Natalia Deeb - Sossa (first full term expiring June 30, 2008) Position # 15 Non-Chapel HiIIIHillsborough Jennifer Murphy (partial term expiring June 30, 2006) VOTE: UNANIMOUS {8) Hillsborough Planning Board -One New Appointment The Board considered making one new appointment to the Hillsborough Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Arthur C. Jones to the Hillsborough Planning Board to a term expiring April 30, 2008. VOTE: UNANIMOUS {6) Human Relations Commission -New Appointments The Board considered making one new appointment to the Human Relations Commission. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Mr. Cutler Andrews and Ms. Emily Adams to At-Large Positions on the Human Relations Commission. VOTE: UNANIMOUS {7} Human Services Advisory Commission (H$AC) -Three New Appointments The Board considered making new appointments to the Human Services Advisory Commission. A motion was made by Commissioner Gordon, seconded by Commissioner Faushee to appoint Ms. Stephanie Chang to an At-Large position on the Human Services Advisory Commission to a partial term expiring March 31, 20Q7. VOTE: UNANIMOUS 10. Reports-NONE 11. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve going into closed session: a. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). (SportsPlex) VOTE: UNANIMOUS RE-CONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to re-convene into regular session at 11:QQ p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner adjourn the meeting at 11:Q0 p.m. Jacobs, seconded by Commissioner Gordon to VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board