HomeMy WebLinkAboutMinutes - 20050623APPROVED 1 011 812 0 0 5
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 23, 2005
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Thursday, June
23, 2005 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie
P. Foushee, Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE
KEPT FOR 5 YEARS.
1. Additions or Changes to the Agenda
Chair Carey asked the Board to add #16 on item 5-I (lavender sheet}, item 5-s,
Authorization to IP Work Group to Prepare Countywide Coordinated Parks Plan Document; and
item 5-t, Chapel Hill-Orange County Parks Planning Committee Recommendations on the
Southern Community Park and Homestead Aquatics Center.
Commissioner Jacobs made reference to another bill in section 6 regarding
publiclprivate solid waste collections. He would like this to be added.
Jahn Link made reference to item 8-b, replacement pages 7-8 for the bond sale and the
packet, which are the resolutions and ordinance for the budget.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
NONE
b. Matters an the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Board Comments
Commissioner Halkiotis asked if Chair Carey was going to represent them at the
groundbreaking on June 30t" for CHCCS High School #3 because he regrets that he will be
unable to attend.
Commissioner Halkiotis said that he and Commissioner Jacobs toured several facilities
and they did a walk through of Orange Enterprises and possible future uses. He was very
impressed with what he saw there with respect to the kind of work that the young people were
doing and who was supporting it. He heard that Duke University, Sports Endeavors, and others
use Orange Enterprises employees for various projects. Commissioner Jacobs suggested to
him that the County sponsor a special ceremony when Orange Enterprises moves to its new
facility to thank all of the employees who pay these handicapped people to perform certain
tasks. Orange Enterprises is also involved in landscaping, and he suggested asking Orange
County government to give them a chance to provide landscaping services for the County. He
wants to do everything possible to help them. He wants a report back in August about how the
County is using Orange Enterprises and how it can be used further.
Commissioner Halkiotis said that after the story in the newspaper about Orange County
government owing the OCS $14,000 for Recreation and Parks use of buildings, he would like
the Manager to bring back a resolution of this business by August 16th. He found this
embarrassing. He thinks there should be discussions between elected officials, the Manager,
the Superintendent, and staff people. He also wants to know why it takes three years to open
tennis courts at Cedar Ridge.
Commissioner Halkiotis made reference to the pink sheet and alternative fueled
vehicles, and compressed natural gas stations. The sheet has information about why there is
bad air in the Triangle -automobiles and power plants. He asked the County Commissioners to
please read this. The County needs to commit itself to alternative fueled vehicles.
Commissioner Jacobs said that the Agricultural Center work group is going to take a
field trip to Johnston and Wake counties on June 3ach
Commissioner Jacobs said that tomorrow, a group led by the OCS will be going to look
at the St. Mary's school as a possible recreation/education opportunity.
Commissioner Jacobs reported that the Mebane work group has met several times and
The Village Project came and made a presentation. Economic Development Director Dianne
Reid is coming to make a presentation. They are talking about incorporation of Efland, where
the preferred option is merging as joint planning with Mebane.
Commissioner Jacobs said that he attended with Chair Carey the school collaboration
meeting and they are moving toward school construction standards and discussions of equity.
Commissioner Jacobs and Commissioner Halkiotis met with the Space Needs
Committee and hope to have a report soon.
Commissioner Jacobs said that he heard that there is a new Super Wal-Mart going in
near the Orange CountylChatham County line and there may be some access issues to 15-501.
This might have an adverse impact on this road.
Commissioner Jacobs agreed with Commissioner Halkiotis about Orange Enterprises
and also about the tennis courts at Cedar Ridge and making them available to the public.
Commissioner Jacobs made reference to NACo approving an expansion of the
association's prescription drug discount card program. This will allow all member counties of
NACo to be involved. He does not know if this will be advantageous to the County employees.
He would like more information about this.
Commissioner Jacobs said that he is not going to the NACo meeting, but he thinks that
the people that are elected officials in North Carolina are expected to be glorified volunteers.
Orange County has a $150 million budget and 800 employees, and he does not think that the
citizens would want part-time volunteers running this kind of operation. Orange County does
not do retreats to extravagant places. He thinks it is a shame that the media would disparage
the character of County Commissioners across the State because they are going to the NACo
conference.
Commissioner Gordon said that the Chair and Vice-Chair have been meeting with UNC
and Duke to try and establish same collaboration. As a result of the most recent meeting with
UNC, she wants to follow up with a letter to the botanical gardens. ERCD Director Dave Stancil
has drafted a letter to send to Peter White, offering to have the County staff and his staff work
together to explore collaborations. She would like to authorize the Chair to send the letter by
consensus. The Board agreed.
Commissioner Gordon said that TTA passed its budget and it included starting the new
commuter route between Hillsborough to Chapel Hill. These buses will run throughout the day.
Commissioner Gordon said that the Parks Projects Committee met to discuss the
Southern Community Park and the aquatic center.
Commissioner Foushee - no comments.
Chair Carey said that the Board has been wrestling with the issue about school facilities
far years. It seems to never get resolved. He thinks it will require more than the Manager and
the superintendents to get involved. He will get involved himself if necessary.
4. County Manager's Report
John Link said that, regarding the use of school facilities and charging of fees, he and
Superintendent Carraway discussed this today and they will meet next week. He will be
disappointed if these specific issues are not addressed within the month.
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Halkiatis, seconded by Commissioner Foushee to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from April 28, May 3, May 5 (re-convening of May 3
Regular Meeting at 6:30 p.m.}, and May 5 Work Session, all far the year 2005, as submitted by
the Clerk to the Board.
b. Appointments
(1 } Hillsborough Judicial Facilities Expansion Project Phase I Committee: Exterior
Programming Committee -One New Appointment
The Board appointed Geoffrey Hathaway to the Hillsborough Judicial Facilities
Expansion Project Phase I Committee: Exterior Programming Committee.
c. Motor Vehicle Property Tax ReleaselRefunds
The Board adapted a refund resolution, which is incorporated by reference, related to 75
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Classification Plan Amendment -Title Change for Rehabilitation Specialist
The Board amended the Orange County Classification and Pay Plan by changing the
title of the existing class of Rehabilitation Specialist at Salary Grade 16 to Housing
Rehabilitation Specialist, still at Salary Grade 16, to better identify the type of work.
e. Contract Award: Engineering Services for Landfill
The Baard authorized athree-year contract to Olver, Incorporated, of Charlotte, NC, for
engineering services associated with landfill operations through June 30, 2008; and authorized
the Chair to sign, contingent upon Attorney and staff review.
f. RFP Award: Urban Curbside Recycling Services Contract
The Board awarded RFP number 5112 to Waste Industries, LLC, which award is subject
to final approval of the contract between Orange County and Waste Industries, LLC; and
approved a contract between Orange County and Waste Industries, LLC, which contract is
subject to final review by staff and the County Attorney and pursuant to the terms of the RFP;
and authorized the Chair to sign the contract on behalf of the Board.
,g: RFP Award: Voice Logging System for Emergency Management
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. CJPP 2004-2005 Service Continuation Contract Amendments
The Board amended the Criminal Justice Partnership Program {CJPP) contracts with
Project Turn Around (PTA) and Freedom House Recovery Center and authorized the Chair to
sign.
i. OWASA Requested Sewer Easement Across County-Owned Property in
Carrboro
The Board directed staff to prepare the documents necessary to assign the requested
easement to OWASA under the signature of the Chair, and developlevaluate strategies
necessary to preserve the lot as permanent open space for Board approval.
L Schools Adequate Public Facilities Ordinance (SAPFOI-Approval of 2005
SAPFOTAC Recommendations
This item was removed and placed at the end of the consent agenda far separate
consideration.
k. Contract with Town of Hillsborough for Level III Fire Inspections
The Board approved the proposed agreement with the Town of Hillsborough for a period
of six months, and authorized the Chair to sign it, subject to final review by staff and the County
Attorney.
I. Budget Amendment #14
This item was removed and placed at the end of the consent agenda for separate
consideration.
m. Resident Caretaker for Little River Regional Park
The Board approved the proposed resident caretaker arrangement as outlined in the
abstract, and authorized staff to employ a Resident Caretaker (temporary part-time) and enter
into a residence agreement with that temporary employee, subject to the County Attorney's
review, to serve as Little River Park Resident Caretaker.
n. Proclamation Adopting the National Incident Management System iNIMS) as
the Countywide Incident Management System for Response to All-Hazards
The Board adopted the NIMS proclamation; directed staff to ensure to the extent
possible that all response organizations that receive funding from the County through direct
operations or through contracts utilize the NIMS Incident Command System format when they
train, respond, and exercise; and direct staff to ensure to the extent possible all response
organizations that operate under franchise agreements for the provision of convalescent
transport services utilize the NIMS Incident Command System when they train, respond, and
exercise.
o. Approve Updatina the Master Aaing Plan (M.A.P.] for Years 2006-2010
This item was removed and placed at the end of the consent agenda for separate
consideration.
~ Petition for Addition of High Ridge Road and Rolling Meadow Drive to the NC
Secondary Road System
This item was removed and placed at the end of the consent agenda far separate
consideration.
rte. Agreement for Southern Human Services Center Public Art Protect
The Board authorized the Manager to sign the Southern Human Services Center Public
Art Agreement with artist Sarah Craige contingent upon final review by staff and the County
Attorney.
r. Authorization to Exercise Lease Extension: Parks Operations Base
The Board authorized the extension of the current lease for the Parks Operations base
for a period not to exceed one year, pursuant to the lease agreement at a rental fee of $33,990
per year, noting that lease may be terminated earlier per mutual agreement between the County
and the Landlord.
s. Authorization to IP Work Group to Prepare Countywide Coordinated Parks Plan
Document
The Board approved the resolution, which is incorporated by reference, and authorized
staff to meet with their counterparts in the Towns to prepare a proposed plan and a timetable far
completion of the project, if adopted by all jurisdictions.
t. Chapel Hill-Orange County Parks Planning Committee (PPC) Recommendations
on the Southern Community Park and Homestead Aquatics Center
The Board approved the recommendations from the PPC on both projects and
authorized the Chair to send a letter to the Town expressing Orange County's support.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
g, RFP Award: Voice Logging System far Emergency Management
The Board considered awarding a contract for a Voice Logging System from Carolina
Recording Systems from Charlotte, NC at a cost of $25,995.00, and authorizing the Purchasing
Director to execute the necessary paperwork.
Commissioner Jacobs asked, if the State takes away the County's authority to regulate
forestry, will they still be able to do voice logging systems. John Link said that they intend to.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
award the bid to Carolina Recording Systems from Charlotte, North Carolina at a cost of
$25,995.00, and authorize the Purchasing Director to execute the necessary paperwork.
VOTE: UNANIMOUS
L 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 (SAFPOTAC).
Commissioner Gordon said that they need to take into account when they are going to
program Elementary School #10. She asked Planning Director Craig Benedict about this. It
was answered that this will be addressed at the capital work session.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the recommendations from the 2005 SAPFOTAC Annual Report: Student Membership
Projection Methodology, Student Membership Projections, Student Growth Rates, and Student
Generation Rates.
VOTE: UNANIMOUS
I. Budget Amendment #14
The Board considered approving the budget ordinance and capital project ordinance
amendments for fiscal year 2004-05.
Commissioner Gordon made reference to attachment one, which is a table of the
proposed 2004-05 Orange County Budget Ordinance amendments. She does not think the
County Commissioners have addressed #15 as a policy. Amendment # 15 is an action related
to the School/Park Capital Reserve Fund, and approval of this action would transfer accrued
interest earnings, which are not programmed for expenditure from the reserve fund to the
general fund.. She asked that this be removed from this action and be put on the capital work
session agenda.
John Link said that the intent is not to permanently remove funding, but to move the money into
the general fund balance prior to June 30t" because it helps the fund balance picture at that
point. It will be returned in the fall.
Rod Visser said that they are trying to solidify the fund balance as much as possible to
improve the financial position for the bond rating.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the budget ordinance and capital project ordinance amendments for the 15 items as
listed on the agenda abstract, with an added #16 (purple sheet).
VOTE: UNANIMOUS
o. Approve Updating the Master Aging Elan (M.A.F'.} for Years 1UU6-1U'IU
The Board considered approving the updated 5-year Master Aging Plan from 2006 to
2010 and the advertisement/recruitment of M.A.P. Task Force members.
Commissioner Jacobs thanked Advisory Board on Aging Chair Jack Chestnut for his
letter written to UNC. He asked Department on Aging Director Jerry Passmore to summarize
what UNC Hospitals is doing to services that were previously shared with the County.
Jerry Passmore said that this process has been going on for many years and UNC has
picked up the coordinating position and Orange County has not been contributing to this until
this year. UNC Hospitals is asking the County to put in for half of the position. They are still
committed to this program.
Commissioner Jacobs said that part of the thrust of the letter was that UNC has a
commitment for a wellness program for seniors.
Commissioner Jacobs said that this could be on the list of things that the County is
picking up funding where others are dropping it.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve the updating of the Master Aging Plan for years 2006-2010 and beginning the
recruitment of M.A.P. Task Force Members.
VOTE: UNANIMOUS
,~ Petition for Addition of High Ridge Road and Rolling Meadow Drive to the NC
Secondary Road System
The Board considered a petition to add two subdivision roads, High Ridge Road and
Rolling Meadow Drive to the state-maintained Secondary Road System.
Commissioner Jacobs said that he wanted to pull this off so he could vote against it.
A motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve
the request to add High Ridge Road and Rolling Meadow Drive to the State Secondary Road
System.
VOTE: Ayes, 4; No, 1 (Commissioner Jacobs}
6. Resolutions or Proclamations
a. Resolution Expressing Orange Caunty's Position on Increasing the State
Cigarette Tax To Support County Medicaid Relief and Farmland Preservation
The Board considered approving a resolution expressing Orange County's position on
increasing the state cigarette tax to support county Medicaid relief and farmland preservation
and authorizing the Clerk to forward the resolution to Orange County's legislative delegation, all
other members of the General Assembly, the Governor and the North Caralina Association of
County Commissioners.
John Link said that they are proposing that the Board support this resolution. He said
that a lot of counties suffer because of Medicaid expenses and they think this is a reasonable
request to make. He asked Geof Gledhill to speak further to the other aspects of the resolution.
Geof Gledhill said that this expands the reason why the Board supports the cigarette tax
increase to include funding for Medicaid. The Board has already supported the increase in the
cigarette tax and the use of funds for that tax for a farmland preservation trust and creation of
value added products and other farming alternatives. The resolution adds Medicaid funding to
the request.
Commissioner Jacobs said that it is unfortunate that one of the County's representatives
chose not to use leverage far this and in fact voted against this bill.
Commissioner Halkiotis said it is sad that there is not enough intestinal fortitude in
Raleigh to help young people stay away from cigarettes.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to
approve a resolution as stated below expressing Orange County's position on increasing the
state cigarette tax to support county Medicaid relief and farmland preservation and authorize the
Clerk to forward the resolution to Orange County's legislative delegation, all other members of
the General Assembly, the Governor and the North Caralina Association of County
Commissioners.
A RESOLUTION REGARDING INCREASING THE STATE CIGARETTE TAX TO SUPPORT
COUNTY MEDICAID RELIEF AND FARMLAND PRESERVATION
WHEREAS, only the states of New York and North Carolina require county governments
to participate in all the costs of Medicaid, and
WHEREAS, the state of New York recently took action to lower the costs of Medicaid to
its counties, and
WHEREAS, Medicaid costs far counties are far outstripping county governments' ability
to provide for those increases through the traditional source of flexible revenue - i.e., the
property tax, and
WHEREAS, Orange County will spend a projected $3.6 million in 2004-05 for Medicaid,
which equates to 3.56 cents an the property tax rate, and
WHEREAS, North Caralina counties have no opportunity under federal and state law to
control Medicaid expenditures, and
WHEREAS, a plan to completely phase out required county Medicaid expenditures is
desirable, and
WHEREAS, cigarette smoking contributes to health problems that increase Medicaid
costs, and
WHEREAS, the state of North Carolina has the lowest cigarette tax in the nation, and
WHEREAS, an increase in the state cigarette tax could yield significant funds to reduce
the county share of Medicaid, and
WHEREAS, the Orange County Board of Commissioners adopted a resolution in March
2005 supporting an increase in the cigarette tax with a portion of the new revenues being
dedicated as a funding source for the Farmland Preservation Trust Fund and for the creation of
regional processing centers to create value-added products and help promote farm options;
NOW THEREFORE BE IT RESOLVED that the Orange County Board of
Commissioners hereby urges the General Assembly of North Carolina to enact a significant
cigarette tax increase with a substantial portion of that tax to be used to begin aphase-out of
required county contributions to fund Medicaid costs, and with a portion of the new revenues
being dedicated as a funding source for the Farmland Preservation Trust Fund and for the
creation of regional processing centers to create value-added products and help promote farm
options.
FURTHER BE IT RESOLVED that a copy of this resolution be presented to members of
the General Assembly.
Adapted this the 23~d day of June, 2005.
VOTE: UNANIMOUS
b. Resolution Expressing Orange County's Position on One Legislative Item
The Board considered approving a resolution expressing Orange County's position on
one legislative item and authorizing the Clerk to forward the resolution to Orange County's
legislative delegation, leaders of the General Assembly, the Governor and the North Carolina
Association of County Commissioners.
Tony Kleese from the Carolina Farm Stewardship Association said that they have asked
the County to pass this resolution to oppose House Bill 671, which deals with banning
genetically engineered crops.
Commissioner Jacobs thanked him for bringing this to the Board's attention. He said
that this is a concerted effort by certain entities to preempt local governments, and therefore
citizens, from having a say in what goes on in the community.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve a resolution as stated below expressing Orange County's position on one legislative
item and authorize the Clerk to forward the resolution to Orange County's legislative delegation,
leaders of the General Assembly, the Governor and the North Carolina Association of County
Commissioners.
ORANGE COUNTY
RESOLUTION REGARDING
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 position on legislation regarding the following matter:
1) Oppose House Bill 671 -Plant Regulation, a copy of the current version of which is
attached as Exhibit A, and any successor versions or other similar bills (i.e.
Companion Senate Bill 631}, which seek to prevent towns, cities, and counties from
adopting any regulations ar ordinances concerning any kind of plant. This bill
constitutes an effort to preempt local authority by removing the ability of local
governments to assess the potential impacts of plants, including the introduction of
genetically modified crops, on organic farming, other agricultural and plant-growing
activities, and public health concerns, and gives sole authority to the North Carolina
Department of Agriculture for the regulation of plants. {Information regarding this bill
which was previously provided to the Board of Commissioners by the Carolina Farm
Stewardship Association is provided as Exhibit B}.
VOTE: UNANIMOUS
c. Senate Bill 951 -Public-Private Solid Waste Collection
Commissioner Jacobs said that Senate Bill 951 has several effects, such as if a
government wants to take over a solid waste operation, it would have to compensate the private
hauler that it might displace.
Geof Gledhill said that the compensation to be paid to the vendor is the gross revenue of
the collection. Senator David Hoyle sponsored this bill.
Commissioner Jacobs said that Solid Waste Director Gayle Wilson has put together a
draft resolution. Gayle Wilson said that he has been working against this bill for several
months, and he urged the Board to adopt it and forward it to the delegation.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the resolution as stated below opposing Senate Bill 951.
Geof Gledhill said to add to the resolution requesting the Governor to veto this bill in the
event that it passes the General Assembly.
Resolution Opposing
NC Senate Bill 951 -Public-Private Solid Waste Collection
WHEREAS, County and municipal governments have been granted by the NC General Statutes
the authority to enter into service contracts with the private sector; and,
WHEREAS, County and municipal governments are responsible for delivery of basic services to
their citizens; and,
WHEREAS, County and municipal governments do enter into contracts with the private sector
and also may choose to provide governmentally operated solid waste and recycling services,
depending on local circumstances and priorities; and,
WHEREAS, County and municipal governments continually strive to provide solid waste and
recycling services in an efficient and cast-effective manner, consistent with local environmental
ethics and service standards; and
WHEREAS, Senate Bill 951 would make it difficult or in same cases cost-prohibitive for county
and municipal governments with private hauling contracts, or even absent any existing
contractual hauling arrangements, to investigate different methods of service delivery that would
make these contracts or services more efficient and cost-effective, and which would have the
effect of constraining local government provision of waste and recycling collections; and,
WHEREAS, Senate Bill 951 rewards the private sector and penalizes County and municipal
governments in their attempts to make changes in their solid waste service delivery that could
have the potential to reduce the cost, improve the quality of service, ar meet local waste
reduction goals;
NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners is
opposed to Senate Bill 951 as being unreasonable and unnecessary and urges members of the
Orange County's legislative delegation as well as all members of the General Assembly to
oppose any efforts to limit local governments' opportunities in their solid waste service delivery
to reduce costs, improve the quality of service, and/or meet local waste reduction goals.
BE IT FURTHER RESOLVED that if Senate Bill 951 ar other legislation having similar impacts
is adopted by the General Assembly, the Orange County Board of Commissioners urges
Governor Michael F. Easley to veto this legislation.
This the 23rd day of June 2005
VOTE: UNANIMOUS
7. Special Presentations
a. Hnnuai rtepart rrom the vvarKrarce ueveiopment tsoara
The Board received the Regional Partnership Annual Report for Fiscal Year 2003-2004
from the Work Force Development Board with a presentation by Board Chair Keith Norwood.
Keith Norwood said that the annual report has been given to the Board. He said that he
lives in Hillsborough and is employed by Armacell, LLC in Mebane and currently serves as the
Chair of the Regional Partnership Workforce Development Board, which serves Orange,
Alamance, and Randolph Counties. Social Services Director Nancy Costan and Economic
Development Director Dianne Reid are also on this board. The report is far July 1, 2003 to June
30, 2004. He stated the mission of the board: To be recognized as the catalyst between
individuals, education, and training and employers needs through the effective utilization of all
available resources. Their most effective resource for accomplishing this is a Jab Link center
located in each county. Orange County's is located at 503 W. Franklin Street in Chapel Hill. He
pointed out the highlights in the annual report.
• Page 4 -representation from Orange County
• Page 5 -representation on the youth council
• Page 12 and 13 -activities during program year
Mare than 15,000 people went through the Job Link center in Chapel Hill. Beginning on
page 14, there are success stories specific to Orange County. The Orange County Job Link
center, during this programmed year, received the highest level of credentials afforded by the
State of North Carolina and was awarded a $50,000 grant during the statewide partnership
conference last fall.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
accept the Regional Partnership Annual Report for Fiscal Year 2003-2004.
VOTE: UNANIMOUS
b. Initial Report on Orange County Schools District TaxlCountywide Schools Tax
Referendum
The Board received a report on issues related to passible referenda on an Orange
County Schools (OCS) supplemental district tax or a countywide supplemental schools tax.
John Link said that Geof Gledhill would describe the details of what the Board needs to
consider to proceed with a schedule for an item on the November election - for an Orange
County School System supplemental tax, ar an Orange Countywide supplemental tax. Should
the Board want to pursue either issue, they are sure that there are questions about the many
elements of this election, and they have provided two pages of questions on pages 18 and 19
from Liz Brown of the OCS Board. The staff recommends that the Board determine the process
by which questions can be submitted to the County Commissioners prior to August 15t so that
answers can be provided by August 16tH
Geof Gledhill said that there are two ways for the supplemental tax to happen - by
initiation from the school board ar by the initiation from the Board of County Commissioners.
The limit on the tax would have to be 50 cents for OCS and 60 cents far a countywide tax. The
tax would be effective the next fiscal year if it passes. There are other options with a special
local act of the General Assembly.
He made reference to page 17 and said that the Board calls the election and fixes the
date. The Board must act on August 16th in order for it to be on the November ballot. The ballot
also establishes what the money is to be used for. One aspect of a countywide supplemental
tax is that each Board of Education would make a recommendation as to what it wanted the
district tax to be, and the Board would not be able to exceed the lower of the two requests.
He made reference to the 2001 task force report that suggested that the tax be time
limited. He recommends that they not put a time limit on the ballot because they can always put
another referendum out there to abolish the tax if it were no longer needed. Also, if it were a
countywide supplemental tax, the portion of the tax collected would be on a per pupil basis.
The money would belong to the two school systems.
A County Commissioner initiated countywide supplemental tax would not affect the
CHCCS district tax, but a Board of Education initiated referendum would abolish the CHCCS
district tax.
He said that if you put to the voters a choice of having a supplemental tax countywide
or an OCS district tax, then you would have the voters in Chapel Hill voting on what Orange
County's tax would be and that would not be appropriate.
Commissioner Foushee made reference to page 8, the second paragraph, and asked
for elaboration on the question about the referendum passing in one area and not another.
Geof Gledhill said that this relates to the Board of Education petitioning the Board to conduct
the election and would not play out in a Board of County Commissioners initiated election. This
issue would not arise since it is the County Commissioners initiating it.
Commissioner Halkiatis asked John Link what he planned to do with the questions
submitted by Liz Brown of the OCS Board. John Link said that the County Commissioners
should receive all questions and then determine how the County staff should expend energy to
particular ones. He suggested that all questions be submitted by August 1St
Commissioner Halkiotis said that some of these questions are easy but same are mare
philosophical statements. He said that there seems to be the constant usage of the word
"shortfall".
Chair Carey asked Geof Gledhill if the tax rate must be set on the ballot and Geof
Gledhill said yes, the ballot would state what the maximum rate is and what it would be used for.
Chair Carey asked about the fact that, if it is a countywide tax, the County
Commissioners would be limited to setting the rate at no higher than the lowest request. Geof
Gledhill said that, in his judgment, the statutes were not written with multi-school systems in
mind and the lower rate would set the tax.
Commissioner Jacobs suggested that the Board solicit questions from the OCS board,
preferably condensed, by August 1St
Rod Visser said that they need direction from the Board as to which option they need to
develop language for to bring back on August 16t"
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
direct the staff to develop language for an Orange County Schools supplemental district tax to
be capped at 10 cents and to be on the ballot for November 8t" to be used for either operating or
capital.
Chair Carey would like language to be brought back for both options. He will not
support the motion if there is only one option brought back. He made a friendly amendment to
the motion to bring back language for both options. Commissioner Halkiotis seconded.
Chair Carey said that he would support that the cap be no higher than 35 cents, where
the CHCCS district tax cap is currently set.
Instead of specifying a set number for the cap, Commissioner Gordon suggested
putting in an unspecified number for now.
Commissioner Halkiotis said that the language will be brought back on August 16t" and
it can be changed.
Commissioner Jacobs said that they could put in an unspecified number for now, and at
some point they will have to make a choice. He is trying to enable the voters to speak and he
thinks it is important to limit it to the group that does not have a district tax.
VOTE: UNANIMOUS
ORIGINAL MOTION: UNANIMOUS
John Link recommended that the Chair and Vice-Chair or two members of the Board
begin to structure the questions quickly and set some parameters.
8. Public Hearings
a. FY 2005 CDBG Program -IDA Program
The Board received comments from the public regarding the development of a FY 2005
Community Development Block Grant (CDBG) Application for funds for an Individual
Development Account {IDA) Program; and considered approving a resolution authorizing the
submission of the formal application document on or about July 15, 2005 and authorize the
Chair to sign.
Housing and Community Development Director Tara Fikes said that the savings
generated by local participants are matched on a two to one basis with $1,000 coming from
CDBG funds and the other $1,000 coming from local funds. The proposed applications request
approximately $50,000 in CDBG funds to the North Carolina Department of Commerce. Of this
amount, $20,000 will be available to match participant savings and another $20,000 will be used
for housing services. The remaining $10,000 will be available far administrative expenses. This
$50,000 must be matched by $35,000 in local money. Staff is proposing that, of this $35,000,
$20,000 would come from 2005 HOME funds that were allocated in the last program design far
this program and that the other $15,000 would come from available CDBG program income
available in the County. The last IDA program was in 2002 and was finished in 2004. The
Women's Center in Chapel Hill served as program administrators and they are interested in
continuing with this new program. The application will be submitted to the State on or about
July 15t"
Commissioner Foushee asked how many participated in 2002 and Tara Fikes answered
11 families.
PUBLIC COMMENT:
Robin Poole is Director of Client Services at the Women's Center, and the administrator
of the IDA program. She spoke about the program from the perspective of the Women's
Center. She told of a client's experience in the IDA program. She said that the IDA program
gives opportunities for lower income families to achieve their dreams of home ownership and
this is the best way to help the lower income stay out of poverty. She said that the Women's
Center helps by providing monetary assistance and they also offer financial counseling.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
receive comments from the public regarding the development of a FY 2005 Community
Development Block Grant (CDBG) Application for funds for an Individual Development Account
{IDA) Program; and approve a resolution, which is incorporated by reference, authorizing the
submission of the formal application document on or about July 15, 2005 and authorize the
Chair to sign.
VOTE: UNANIMOUS
b. Public Hearing on the Issuance of Refunding Bonds, Adoption of Refunding
Bond Orders and Adoption of Bond Sale Resolutions
The Board conducted the required public hearing an the advisability of issuing refunding
bonds, and considered adopting the appropriate Bond Order and resolutions to provide for the
sale of refunding bonds and a portion of the bonds approved at the County's 2001 bond
referendum.
Finance Director Ken Chavious said that at the June 14t" work session the Board
adopted a band order to pursue refunding bonds issued in 2000. The total amount of refunded
bonds right now is estimated at a maximum amount of $35 million. The estimated savings by
refunding these bands is $109,000 annually in debt service payments and $1.5 million for the
remaining term of the bonds. The August sale of the 2001 voted bonds would include $12.8
million for the CHCCS High School #3, $12.885 million far the OCS Middle School #3, and $3.5
million for the senior centers. The total voter approved bonds that will be sold will be
$29,185,000. In addition to this public hearing, the Board is to adopt a bond sale resolution.
There was no puh~ic comment.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
adopt the bond order, the resolution for bond order publication, and the resolution formally
authorizing the sale of the 2001 bonds and the refunding bands.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Southern Orange Senior Center Plan Review
The Board reviewed plans for the Southern Orange Senior Center as presented by
Gurlitz Architects and provided comments and/or endorsement as appropriate.
Assistant County Manager Gwen Harvey said that she is standing in for Purchasing and
Central Services Director Pam Jones. She made reference to the glossy document.
Richard Gurlitz gave a presentation. He said that this project would come back on
Monday for special use permit approval. The site plan has 103 parking spaces, and the building
facing Homestead Road surrounds a courtyard. There is an entry canopy from the building
entry out over the drive.
The upper level floor plan has an administrative area, a conference room, a health
center with aerobics and exercise equipment rooms, and classrooms. The lower level has a
multi-purpose room, a kitchen and cafe, general open space for ping-pong tables, a small
theater (for 82 people), and more classrooms. There will also be quite a bit of day-lighting
where possible.
Commissioner Jacobs asked about landscape plans and Richard Gurlitz said these
could be provided. Richard Gurlitz said that the landscaping is to Chapel Hill standards far the
entire site and the undisturbed areas will remain the same. There are also 30-foot buffers along
the site.
Commissioner Jacobs asked about existing vegetation and Richard Gurlitz said that
there is some, and it will remain as much as they can leave it.
Commissioner Jacobs asked more clarifying questions that were answered by Richard
Gurlitz.
Commissioner Halkiotis asked how many seats were available for a sit down dinner in
the multi-purpose room and Richard Gurlitz said 200 people.
Commissioner Gordon asked about the double door exit in the theater and she said
there is usually more and Richard Gurlitz said that it is small enough for only two exits.
Commissioner Gordon asked about the insulated glass and Richard Gurlitz said that it is
a tinted glass. He described how the glass was made.
Commissioner Gordon said that she would like to reinforce the comments about the
conservation of the trees.
Discussion ensued about the brick and stone.
Commissioner Gordon asked more clarifying questions that were answered by Richard
Gurlitz.
Commissioner Gordon said that when the decisions are made, the committee needs to
be involved.
Commissioner Jacobs said that the Homestead Road and Weaver Dairy Road Extension
would be busy when Carolina North is built. He asked how this was incorporated in the design
and the fact that there would be a lot of noise on the same side as the glass. Richard Gurlitz
said that there will be a 30-foot buffer and the insulated glass.
Commissioner Jacobs said that the ERCD staff will work with Richard Gurlitz to assure
that the trees are conserved.
Richard Gurlitz said that the Town of Chapel Hill Manager and staff are requesting a
crosswalk to Homestead Park that was requested by Active Seniors. The cost would be
$60,000-$100,000 and the city will define it more in the SUP process. Others have said that this
crosswalk should not be part of the site but the Town wants to keep it in as part of the approval
process and it would have to be approved through DOT.
Commissioner Jacobs suggested taking the money for this crosswalk out of the money
to be used for Homestead Park. He suggested asking the Tawn to defer consideration of the
crosswalk until there can be a conversation about it. The Chair should write a letter to the Town
stating that the Board's position is that the crosswalk not be made a condition of approval until
there is a discussion about it.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
approve plans as submitted and to add language to the resolution that the crosswalk not be part
of the condition of approval.
VOTE: UNANIMOUS
b. Approval of Fiscal Year 2005-06 Budget Ordinance, Capital Project
Ordinances, and Grant Project Ordinances
The Board considered adopting the County's budget ordinance, capital project
ordinances, and grant project ordinances for FY 2005-06.
John Link said that the Board made confirmed changes to the Manager's Recommended
Budget, which are highlighted in the Resolution of Intent. Page 5 specifically captures the major
changes to the budget. Section 1 states the major funds in the budget. Section 2 identifies the
appropriation by major function. Section 3 is the revenue side. Section 4 is the tax rate levy for
the fire districts. Section 5 states the approved per pupil amount for current expense, which is
$2,796 per student. There are 10 sections.
The yellow paper has the actual motions for the Board to consider.
John Link said that because of actions the Board took during deliberations on capital,
they will have to bring back the revised capital improvement plan for the two school systems
and the County after the break.
Commissioner Jacobs asked about the percentage of the budget used for education.
Budget Director Donna Dean said that the education funding equals $72 million, which is 48%
of the general fund. This includes current expense, recurring capital, long-range capital, debt
service, and school nurses.
Commissioner Halkiotis asked about non-departmental allocations and Donna Dean said
that this is not included. She will bring this information back. Commissioner Halkiotis said that
it is important to highlight that because if it were taken away, there would be significant impacts.
Motion 1:
A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to
adopt the 2005-06 Orange County Budget Ordinance to include a Countywide tax rate of 84.3
cents and a Chapel HiIIlCarrbara City Schools District Tax of 18.34 cents.
VOTE: UNANIMOUS
Motion 2:
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
authorize an employee compensation package that includes:
- 4 percent in-range salary increases far proficient or higher work performance effective
for fiscal year 2005-06
- $5 increase in County 401 (k) contribution for non-sworn law enforcement employees
from $20 to $25 per pay period effective July 1, 2005
-Increase the County's Living Wage for employees from $9.11 per hour to $9.34 per
hour effective July 1, 2005
-Elimination of Grade 7 in the Salary Schedule effective July 1, 2005 and moving
employees and positions at Grade 7 to Grade 8 with salary administration as provided in the
Personnel Ordinance
VOTE: UNAIMOUS
Matian 3:
A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to
authorize the following position changes:
Time Limited Positions to Be Extended One-Year from Current End Date:
Position Position Current End
Department Position Title Type Established Date
Animal Services - Animal Care
Animal Shelter Technician Full-time 6/1/2004 7/112005
Code Compliance
Plannin Officer III Full-time 1/1/2004 1/5/2006
Code Compliance
Plannin Officer III Full-time 1/1/2004 6/21/2006
Income Maintenance
Social Services Caseworker II Full-time 10/1/2004 12/6/2006
Income Maintenance
Social Services Caseworker III Full-time 7/1/2004 9/27!2006
Recommended Increases in FTE:
De artment
Position Title
Current FTE Recommended
FTE
Health-Dental Dental Hygienist 0.5 (20 hrs/wk} 0.6 (24 hrs/wk)
Health-Personal Health Community Health Aide 0.5 (20 hrs/wk} 1 {40 hrs/wk)
Recommended Change in funding source of FTE:
Department
Position Title Current
Funding Recommended
Funding
Senior Public Health Educator 50150 split 75125 split
Health-Promotion & {Healthy Carolinians County to County to Grant
Education Coordinator) Grant funding funding
Aging -Wellness Program Senior Health Coordinator See note' See note
{Wellness Program)
~~~ Historically, UNC Hospitals have contributed up to $50,000 to fund this position. For
the most part, this amount has covered the total cost of the position. Beginning in FY
2005-06, UNC plans to contribute $25,000 {a reduction of 50°~} to offset the cost of the
position. The recommendation provides for the County to cover the remaining cost of the
position, expected to be approximately $29,500.
Time Limited Positions to Become Permanent:
De artment
Position Title Position
T e Position
Established
Public Works Convenience Center Operator Full-time 9/2/2003
Public Works Convenience Center O erator Full-time 711!1993
Public Works Convenience Center Operator Full-time 7/1/1993
Public Works Convenience Center O erator Full-time 7/1/1993
Public Warks Convenience Center Operator Full-time 7/111993
Public Works Convenience Center O erator Full-time 7/1/1993
Public Works Convenience Center Operator Full-time 7/1/1993
Public Warks Convenience Center Operator Full-time 7/111994
VOTE: UNANIMOUS
Motion 4:
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
adopt the County Fee Schedule as presented during the budget work sessions.
VOTE: UNANIMOUS
Motion 5:
A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to
approve the County and School Capital Project Ordinances for fiscal year 2005-06 that require
action before June 30, 2005.
VOTE: UNANIMOUS
c. Revised Orange County Capital Funding Policy
The Board cansidered a formal adoption of a written capital funding policy that codifies
the Board of Commissioners' decision made on May 5, 2005 regarding the implementation of
the 60-40 school/county capital funding policy.
Commissioner Gordon said that she is very happy that it is stated but this should be
cansidered at the capital work session in the fall because they need to think about it.
The Board agreed.
TABLED
d. Contract to Purchase Triangle Sportsplex Property
The Board considered approving a contract to acquire the Triangle Sportsplex property,
subject to final review by the County Attorney and staff and authorizing the Chair to sign;
authorizing the Manager to engage the services of a qualified CPA firm to conduct an audit of
the Sportsplex financials for the fiscal year ended May 31, 2005, and executing any appropriate
agreements related to such an audit; and authorizing the Manager to proceed in pertinent due
diligence activities related to the purchase of the facility, to include negotiating potential
development and operations contracts with third parties.
Rod Visser introduced this item.
Geof Gledhill went through the agreement points: the County would buy the land,
access, utilities, etc. The sales price far the property is $6 million and there is a 60-day free
look period, which includes authorization for the County to conduct an audit. If after the 60-day
period, the County is not happy, it can walk away without obligation. There is a maintenance
budget, which will be agreed upon within 20 days of the contract being executed. There is also
a repair reserve of $300,000 that would be paid to the County at closing for repairs and
replacements. This number was estimated by Corley Redfoot Zack.
Geof Gledhill said that one of the important things about this is to keep this property
operating until the closing. Everyone is working together with this goal in mind. The advance
payments are estimated to be about $60,000. Also, the contract the County now has with the
owner of this property will stay in place until the closing and the deal is subject to the LGC
approving the borrowing and the expansion zoning approvals. The seller will pay all property
taxes for 2005 and also other closing casts associated with the transaction, except far the
County's expenses in making sure the property gets through the LGC and zoning approvals.
The net effect is that the purchase price is $6 million and the money estimated to offset
this is $435,000. The net cost to the County will be $5,565,000.
Commissioner Gordon asked about the "as is" sale. Geof Gledhill said that it includes
everything, including the items in the exhibit, except for title warranties.
Commissioner Gordon asked if the reserve could be used far repairs. Geof Gledhill said
that once the closing occurs, if something fails, the County would have to fix it. Until the closing,
the reserve is available to be used. The closing is estimated to be November 15t
Commissioner Gordon asked if anything else was going to be done to look at the
condition of the facility. Rod Visser said that they would have staff to look at developing a
project management team and review the Corley Redfoot Zack report in detail. Commissioner
Gordan said that she is relying an the staff to make sure that the condition of the facility is as it
has been represented to the Board ,and not worse.
Commissioner Jacobs acknowledged Whit Morrow, who represents the seller and has
been helpful in this and Jeff Thompson, who represents the County. He verified with John Link
that the plan is not to operate the building through existing staff. A professional management
staff will be brought in to run this. Rod Visser said that the County staff would only run the
senior centers.
Commissioner Jacobs would like to ask that a planning committee be set up including
County Commissioners and senior citizens for the senior center.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve the accompanying contract, subject to final review by staff and the County Attorney,
and authorize the Chair to sign it; authorize the Manager to engage the services of a qualified
CPA firm to conduct an audit of the SportsPlex financials for the fiscal year ended May 31,
2005, and to execute any appropriate agreements related to such an audit; and authorize the
Manager to proceed in pertinent due diligence activities related to the purchase of the facility, to
include negotiating potential development and operations contracts with third parties.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
extend the meeting to complete the agenda.
VOTE: UNANIMOUS
e. Proposed Revisions to Voluntary Farmland Protection Ordinance iVFPO1
The Board considered a proposal from the Agricultural Preservation Board far revisions to
the County's Voluntary Farmland Protection Ordinance.
Environment and Resource Conservation Director Dave Stancil made this presentation.
The changes are highlighted in the materials beginning on page 3. The proposal is to lower the
threshold to allow for alternative and organic farms to participate in the program. The acreage
would be lowered from 80 to 20 acres.
Commissioner Gordon made reference to page 5 and suggested a change in language as
follows: "After a member has been recorded with three consecutive unexcused absences, the
board, by a majority vote, may recommend to the Board of Commissioners that the member be
removed." She said that this would give the Ag Board a positive role and be able to proceed.
The Board agreed.
Commissioner Jacobs made reference to page 19, #3. He asked if this was referring to
members of the Ag Preservation Board. He suggested that this be pointed out in the language.
Commissioner Jacobs would like to revisit this with a larger map. He does not mind
adopting this now, though.
Commissioner Gordon suggested that there be two people from each district to serve on
the board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the ordinance revisions with the changes in language as stated above.
VOTE: UNANIMOUS
f. Appointments
(1 j Transfer of Development Rights Task Force -Initial Appointments
The Board considered making initial appointments to the TDR Taskforce.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve all the applicants:
Betty Cross, Robert Dowling, Monica Evans, Martha Hoylman, Rabin Jacobs, G. Jason Jolley,
Marge Anders Limbert, Hervey McIver, Pamela Paul, Scott Radway, and Martin Rody
VOTE: UNANIMOUS
(2) Fairview Park Planning Committee -Appointments
The Board considered making citizen appointments to the Fairview Park Planning
Committee.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
appoint Willie Lambert and Kathleen Long as community citizen representatives.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee
to appoint Deborah Judd as Orange County Parks and Recreation volunteer representative and
Michelle Kempinski as a community citizen representative.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
appoint Heather MacDonald and Barrie Wallace as community citizen representatives.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
appoint Ms. Dorothy Johnson for the other community citizen appointment.
VOTE: UNANIMOUS
(3) Orange Water and Sewer Authority (OWASA) Board of Directors -One New
Appointment
The Board considered making one new appointment to the Orange Water and Sewer
Authority Board of Directors.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Marge Limbert to a term expiring June 30, 2008.
VOTE: UNANIMOUS
10. Reports-NONE
11. Closed Session-NONE
12. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
adjourn the meeting at 10:40 p.m.
VOTE: UNANIMOUS