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HomeMy WebLinkAboutMinutes - 20050816APPROVED 09/20/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 16, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 16, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, 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 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 welcomed everyone to the meeting. There were no additions or changes. PUBLIC CHARGE The Chair dispensed with the reading of fhe public charge. 2. Public Comments a. Matters not on the Printed Agenda Tom Magnuson said that, on short notice, the Trading Path Association, has decided to apply for an NEH grant to do some archeological testing and to coordinate a regional tourism package with Orange, Durham, and Person Counties. The Trading Path Association would like an endorsement from the Board for this grant, but the grant must be in by the middle of September. He asked the Board to take this into consideration and to delegate a department to help them with this grant. Chair Carey asked him to give the information to the Manager's office. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.) 3. Baard Camments Commissioner Gordon said that at the Durham-Chapel Hill-Carrboro Transportation Advisory Committee Meeting, they reviewed the 2006-2012 Metropolitan Transportation Improvement Program {MTIP) and approved it. There were some differences between the group's and the State's plan. They are doing aone-year plan this year to go right into the 2007- 2013 plans. The bottom line is if the Board of County Commissioners has any comments about the regional priority list, they need to be in by the September 14t" TAC meeting. The Durham-Chapel Hill -Carrbora Transportation Advisory Committee also discussed the 15-501-corridor study. There is some controversy about the best route to get from Durham to Chapel Hill. The proposed preferred alignment hugs the I-40 right-of-way, which is more expensive because it is longer. Instead of approving the alignment, they sent it back to Durham County, the City of Durham, the Town of Chapel Hill, and Triangle Transit Authority to review and comment. Commissioner Gordon said that they also discussed the possibility of a Wal-Mart right over the county line in Chatham County. The TAC requested that Division 8 delay action on the driveway permit request until an application far development is submitted to Chatham County. They also requested that Chatham County and NCDOT be informed if the development would conflict with the long-range plan. Commissioner Gordon said that TAC also adopted a resolution criticizing the inclusion of language in the State budget requiring the construction of the extension of T. W. Alexander Drive. There is a provision in the State budget that would have asked for this road to be included. The TAC thought it was a bad precedent to have the State legislature da this, since it would circumvent the MPO process. Commissioner Halkiotis requested an update at the next BOCC meeting on the proposed Facilities Use Agreement with the OCS. He thought the plan was supposed to be brought back to this meeting. He said that it seems to take forever to get community use of facilities. Commissioner Jacobs agreed. Commissioner Halkiotis said that he noticed in the Manager's memo that there was a meeting on June 30t" regarding these issues and also about timers on the lights at the tennis courts at Orange High School. He said that there have been timers on the lights there for 25 years and time should not be wasted on it. Commissioner Halkiotis said that citizens have asked him what both school systems actually received this school year in funding. Superintendent Neil Pedersen sent out a memo of what the Board of County Commissioners did for the CHCCS and the fact that they did not have to let any staff go, especially teacher assistants. He found this helpful. He asked the Manager to contact the Superintendent of the OCS to see if she would be doing the same for the OCS. He thinks the citizens need to know what both school systems have received this school year from all sources -federal, state, and local -and how they will use it and what they were able to fund. He said that citizens need to know that the Board of County Commissioners assumed the debt for Cedar Ridge and that there was a cast overrun far the OCS Middle School #3 and the CHCCS High School #3. Chair Carey said that he would like to request this information from both school systems. Cammissianer Halkiotis said that he read in the Chapel Hill Herald this morning that the OCS is thinking about buying the old St. Mary's School campus far $1.8 million. He read a quote from Superintendent Carraway, as follows: "I think we might be able to make a request from the County Commissioners for some startup money far the middle school." He said that if they have $1.8 million to buy an abandoned school campus, he does not understand why they would be asking for startup money for a middle school. He said that at the January 24, 2005 meeting Cammissianer Foushee had asked a representative of the OCS about startup costs. It was answered that OCS would probably use fund balance. He is confused about haw much money will be needed far the middle school. He wants to know exactly what is needed to open the middle school. Commissioner Halkiotis asked if anyone in Orange County government knows what the developers are planning in this area. He was called by a reporter to comment on proposed movie theaters for the old truck stop in Hillsborough. This was the first he had heard of this. He would like to know these things because he was amazed that a reporter knew about it and the elected officials did nat. Commissioner Halkiotis said that he is meeting with the Manager and staff on Thursday on an energy conservation program for County government and to highlight some of the sharing that took place at the NACa conference. He wants to do something creative with the renovation work at the Northern Human Services Center. He mentioned Story County, Iowa, which put together a gea-thermal system and same solar pieces and have developed a model justice facilities program. He said that Orange County needs to do something similar and drive the architects. He would like to set up a standing energy conservation committee and start doing some creative things. Commissioner Halkiotis said that there was also a session at the NACo conference about the NACo prescription discount card. This is a card for those citizens who cannot afford insurance and it even covers pet medications. Anyone can get and use these cards. He obtained some information about this and gave it to the Manager. Commissioner Foushee said that the annual Orange County Human Services Forum will be held on September 14t" from 8:00 a.m. -1:30 p.m. at the United Church of Christ in Chapel Hill. The forum is in collaboration with the Orange County Partnership to End Homelessness. Commissioner Jacobs said that he supports Commissioner Halkiotis' and Chair Corey's request to get the information on school funding from both school systems. He would also like to know what is going on with the recycling center that is supposed to be moved from the old Wal-Mart to the new Wal-Mart. Also, the sign for the upcoming park at Twin Creeks is still leaning and still has the wrong name on it. He asked that this be resolved. Commissioner Jacobs said that he attended several meetings over the summer, one of which was the Small Business Work Group. The main topic of conversation was the re-opening of the Orange County Speedway and the re-constitution of the small business loan fund. There will be another meeting soon and there should be a report with a recommendation to the County Commissioners. The space needs group also met and they talked about where the Recreation and Parks Department would be headquartered, as well as Environment and Resource Conservation. There will be another meeting at the end of this month. Commissioner Jacobs said that he and Commissioner Halkiotis met with a member of the Orange-Alamance Water Systems Board. They decided that the Manager would get in touch with the President of Orange-Alamance. Commissioner Jacobs said that he also met David Russell, who replaced Gay Eddy as Representative Price's public outreach representative. He brought Mr. Russell up to speed on the activities that Ms. Eddy was working on for Orange County. Chair Carey thanked all of the Orange County residents that participated in the recent Board of County Commissioners Listening Session. Chair Carey said that he has heard that the Schaffer House, which serves the youth and is operated by Lutheran Family Homes, closed its doors and went out of business over the summer. He has asked the Manager to work with staff and others in the community to help determine what can be done to keep that service in the County. John Link said that Social Services Director Nancy Calton is working on this project. Assistant County Manager Gwen Harvey said that she talked with Nancy Coston today and there was to be a meeting today with Orange County staff and Durham County representatives. Durham County is using a therapeutic model with an outside provider and this may be appropriate for Orange County. Commissioner Halkiotis asked to include in this report haw many students from both school systems were using the Schaffer House. He cautioned about the model that is adopted in the future for this service because it can become very expensive. Chair Carey said that during the break, he read about the one case of domestic animal rabies and he commended staff on how they handled this and kept the public aware and informed. Chair Carey made reference to the resolution from the Economic Development Commission supporting the Board taking some action to assist the Midway Business Center and their request for tax-exempt status. He wants to respond to the EDC and to Midway. He has asked staff to do an assessment of this request so that the Board can respond in some manner. Chair Carey said that he sent to the Board of County Commissioners and staff several options for trying to focus public comment in the two public hearings later this month on district elections for County Commissioners. He wants the public to know that, before the public hearings are held, the public will be informed about the options. Chair Carey said that the Board approved a study of the community transportation systems in conjunction with the community transportation systems of other counties in the Triangle. The Board will be receiving information from the Triangle Chairs/Mayors meeting about this study. He also learned at this meeting that at least the State believes that the modeling they are doing as a result of the air quality standards in the Triangle may not require any new local measures to achieve the indicated air quality goals required. Chair Carey said that the TTA Smart Commute Challenge began yesterday, and the goal is for people to use an alternative means of transportation for six weeks. Some options for alternative transportation are free during this period. 4. County Manager's Report John Link assured Commissioner Jacobs that he would follow up on the sign for Twin Creeks. He did instruct the staff to pursue this. John Link introduced Michael Harvey as the new Zoning Enforcement Officer. Also, Carla Thames has now been promoted to Economic Development Specialist. She had worked in the Planning Department for five years. She will be focusing on small business development. Also, Noah Rannels is also going to be a member of the Economic Development Department and working in the agricultural area. John Link introduced Bob Moratto as the new Animal Services Director and read his credentials. Bob Moratto said that there was an unusually high number of rabies cases in Orange County this year, and there was another case today with a rabid raccoon. He said that we need to raise our awareness of this issue and have our animals vaccinated. Commissioner Halkiotis said that the department has been great about setting up rabies vaccination clinics. Bob Moratto said that there were two clinics in July with 135 people and it is only $5. There are three more clinics in September. Commissioner Halkiotis asked that this information be posted on the County's website. John Link thanked Rosemary Summers for the smooth transition of the Animal Services department and he also thanked Ron Holdway for being the Interim Animal Control Director. John Link recognized Finance Director Ken Chavious, who had some good news. Ken Chavious reported on the results of the bond sale today, which consisted of $29.1 million invoter-approved bonds from the 2001 referendum. The bonds consisted of $25.6 million for schools, and $3.5 million for senior centers. In addition, the County refunded (refinanced) about $30 million in bonds issued in 2000 in an effort to generate some savings. The bids were opened at 11:00 a.m. today and the County received five bids on the 2001 bonds. The winning bidder was Davenport and Company, which is an underwriting firm that purchases bonds and markets them. Their bid was an interest rate of 4.15°~, which is very low. Far the refunding bonds, the winning bidder was Wachovia and the interest rate was 3.88%. It is expected that the County will save about $1.4 million over the remaining term of the bonds. By combining the two sales, the County saved a significant amount of money. The County Commissioners commended the staff for getting these good rates. Commissioner Halkiotis asked for a listing of how much money has been saved by bond sales over the last ten years. 5. Items far Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve those items an the consent agenda as stated below. a. Minutes The Board approved the minutes for May 17, 23 {5:30 and 7:30), 26, 31, June 2, and 7, 2005 as submitted by the Clerk to the Board. b. Appointments 1. Agricultural Preservation Board -Two Reappointments The Board reappointed Marty Mandell and Gordon Warren to the Agricultural Preservation Board to second full terms ending June 30, 2008. 2. Advisory Board on Acing -Two Reappointments The Board reappointed Jack Chestnut and Mary Ann Peter to the Advisory Board an Aging to second full terms expiring June 30, 2008. c. Personnel Ordinance Revision -Supplemental Retirement f401[k} Planl The Board revised the Orange County Personnel Ordinance to reflect the Board's action with adoption of the 2005-06 budget increasing the County 401 (k} Plan contribution for nan- sworn law enforcement officers from $20 to $25 per pay period effective July 1, 2005. d. Motor Vehicle Property Tax ReleaselRefunds for June 2005 The Board adopted a refund resolution, which is incorporated by reference, related to 23 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. e. Motor Vehicle Property Tax Release/Refunds for July 2005 The Board adopted a refund resolution, which is incorporated by reference, related to 97 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. f. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to four (4) requests for property tax refund in accordance with North Carolina General Statute 105-381. ~ Property Value Chances The Board approved value changes made in property values after the 2004 Board of Equalization and Review has adjourned. h. Reappointment of Tax Collector The Board reappointed Jo Roberson as Orange County Tax Collector for afour-year term, effective July 1, 2005. i. Reappointment of Tax Assessor The Board reappointed John Smith, Jr. as Orange County Tax Assessor for afour-year term, effective July 1, 2005. L Contracts Between CHCCS, OCS, and Health Department for Schaal Nurses This item was removed and placed at the end of the consent agenda for separate consideration. k. Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals The Board renewed the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services. I. Agreement Renewal for Household Hazardous Waste Collection Services The Board approved the Household Hazardous Waste Agreement Addendum with ECOFLO Inc., and authorized the Chair to sign the agreement addendum, subject to final review by Staff and the County Attorney. m. EMS Medical Director Contract Renewal The Board renewed a contract between Orange County and the UNC Department of Emergency Medicine concerning medical direction of Orange County's Emergency Medical Services (EMS) program and authorized the Chair to sign. n. EMS Events and Facilities Agreement Renewals -Orange County Rescue Squad and South Orange Rescue Squad The Board approved the agreements with Orange County Rescue Squad and South Orange Rescue Squad through June 30, 2006, subject to final review by staff and the County Attorney, and authorized the Chair to sign. o. Ratification of Application for Interoperable Communications Technology Grant This item was removed and placed at the end of the consent agenda for separate consideration. ~ Special Request for Use of Forum 2005 Proceeds to Aid Homelessness The Board approved a request from the Human Services Advisory Commission and authorized payment of Forum 2005 proceeds to be shared equally by the Inter-Faith Council and Orange Congregations in Mission. ~ Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar far the year 2005 by changing the location of the Assembly of Governments Meeting, scheduled for Thursday, September 29, 2005, from the Southern Human Services Center in Chapel Hill to the Carrboro Town Hall, 301 West Main Street, Carrboro, N.C. r. Joint Orange Chatham Community Action Agency fJOCCAI- FY05-06 County Contribution This item was removed and placed at the end of the consent agenda far separate consideration. s. Ratification of Right-of-WaV Dedication Acceptance -New Hope Preserve Tract The Board ratified the acceptance of the dedication of an additional five feet of right-of-way along the Erwin Road boundary of the County's New Hope Preserve property, without maintenance responsibility. t. Tax Collector°s Annual Settlement This item was removed and placed at the end of the consent agenda for separate consideration. u. Opposition to Proposed Federal Regulation Legislation To End Local Cable Franchise Fees This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA L Contracts Between CHCCS. OCS, and Health Department far School Nurses The Board considered approving contracts between Chapel Hill-Carrboro City Schools, Orange County Schools, and the Health Department far School Nurse Funding and authorizing the Chair to sign. Commissioner Jacobs said that he wanted to highlight this as an accomplishment for both school systems. The goal was to have a nurse in each school. The County is going to pay over $500,000 to fund nurses that will work in schools so that each school will have a nurse. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiatis to approve contracts between Chapel Hill-Carrboro City Schools, Orange County Schools, and the Health Department for School Nurse Funding and authorize the Chair to sign. VOTE: UNANIMOUS o. Ratification of Application for Interoperable Communications Technology Grant The Board considered support of a regional grant application to the United States Department of Justice for the purchase of interaperable communications console equipment for the 9-1-1 Center and for portable 800 MHz radios; committing to providing matching funds if the grant is awarded; and authorizing staff to administer and sign all grant paperwork as may be required. Commissioner Gordan asked for clarification on this grant. Rod Visser said that they are trying to look for grant funding for their communications infrastructure. They have already solicited a number of grants, including some money that Congressman Price was able to secure on the County's behalf. This opportunity came after the summer break in June, so staff submitted it after consulting with the Chair and Vice-Chair. He said that if they were successful, they would propose to have matching funds from the fund balance. Commissioner Gordon asked that, in the future, far the staff to inform all members of the Board of County Commissioners of actions like this, as soon as the actions are taken. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to ratify the grant application; commit to providing matching funds if the grant is awarded; and authorize staff to administer and sign all grant paperwork such as may be required. VOTE: UNANIMOUS Chair Carey said that the time was of the essence in this case. He and the Vice-Chair thought it was appropriate to mane ahead. Commissioner Gordon said that she just wanted to be informed in a timely manner when actions like this are taken.. Commissioner Halkiotis said that the fund balance referenced is from the 9-1-1 surcharges. r. Joint fJrange Chatham Community Action Agency (JOCCA) - FY05-06 County Contribution The Board received information regarding the fiscal soundness of JOCCA and considered its ability to meet performance expectations under a service agreement with the County in FY05-06. Commissioner Gordan asked what Chatham County ended up doing with this. Jahn Link said that he talked with the Manager from Chatham County, and they will most likely re-visit their appropriation to JOCCA in the near future. Assistant County Manager Gwen Harvey said that they were intending to put together a committee that would include the Chatham County Finance Director and a Chatham County Commissioner to meet with the JOCCA Executive Director to review this within this fiscal year. Chair Carey said that the Manager and he met with the Chair and Vice Chair of the Chatham County Commissioners a couple of weeks ago and he said that they have some issues with JOCCA that Orange County does not have, and that Orange County should not base its decision an what other counties do. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to receive the staff reports and authorize execution of the performance agreement with JOCCA. VOTE: UNANIMOUS t. Tax Collector's Annual Settlement The Board considered receiving the tax collector's annual settlement on current and delinquent taxes and approving the accounting thereof. Commissioner Gordon wanted to highlight the excellent rate of collection by the staff. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to receive the tax collector's settlement as reported and entered upon the minutes. VOTE: UNANIMOUS Commissioner Jacobs asked Tax Collector Jo Roberson about the legislature passing something regarding lumping property and automobile taxes. Jo Roberson said that the State passed a change in the registered motor vehicle billing process. It will not take effect until January 1, 2009. At that time, the vehicle tax will be collected at the time the license plate is renewed and will no longer be billed and collected at the County level. The County will still be involved in the pricing and value issues. Commissioner Jacobs said that the State will collect the tax and will take an administrative fee, and will distribute the remaining portions to the County, unless the Governor decides to keep it. Jo Roberson said that she thinks the bill protects the revenue to keep the Governor from doing anything else with it. Commissioner Jacobs would like to know what the projected administrative fee from the State might be versus what the County is not collecting now. Jo Roberson will look into this. Commissioner Jacobs would also like to see the difference between the projected 3R revenue and what has been collected. Jo Roberson gave credit to the staff in her office, and also the Solid Waste and Tax Assessor's offices in helping the citizens understand what this fee was about. u. Opposition to Proposed Federal Regulation Legislation To End Local Cable Franchise Fees The Board received information on pending legislation before Congress that would abolish local cable franchise fees and considered authorizing the Chair to send a formal letter of opposition from the BOCC to Representative Price, Senators Dole and Burr, and members of the Senate Commerce Committee. Commissioner Gordon asked Gwen Harvey to summarize this. Gwen Harvey said that Chad Johnston from the People's Channel is here. The immediate impact is that this will eliminate the franchise fees that local governments are able to earn. For Orange County, this amounts to about $250,000 a year. There is concern about this legislation and there is hope that this will be defeated. Commissioner Gordan said that this could potentially also abolish all zoning of cell towers. Commissioner Gordon said that if people want to weigh in on this, they can write their legislators. There is a model letter to oppose this legislation. The letter can be accessed on the County's website. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to authorize the Chair to send a formal letter of apposition proposing federal regulation legislation to end local cable franchise fees from the BOCC to Representative Price, Senators Dole and Burr, and members of the Senate Commerce Committee. UOTE: UNANIMOUS 6. Resolutions or Proclamations 7. Special Presentations a. Active Seniors Assessment Project Results The Board received a presentation and considered the results from the Active Seniors Project. Health Director Rosemary Summers introduced Ellen Young, a member of the Health Department staff and the project coordinator for this project. Ellen Young gave statistics on the effects of inactivity in senior citizens and the positive effects of activity. Orange County is building a new senior center located at the Southern Human Services Complex in Chapel Hill, and the Town of Chapel Hill granted the special use permit. In response to the building of the senior center, the Department on Aging conducted surveys and held forums to get input on types of activities the seniors would like. The top requests included outdoor activities, such as walking paths, tennis courts, and gardening. She also spoke about the partnership between health care professionals and land use planners in identifying barriers to walking in the area. The findings of the assessments were plotted onto a color-coded map. There are lots of good places to walk, but there are also same improvements needed. The tap recommendation by both the pedestrian and the bicycle team was to install crossing improvements on Homestead Road at the entrance to Homestead Park. This is a very dangerous crossing. The second recommendation was to build the sidewalk along Homestead Road between the Human Services Center entry drive and the Inter-Faith Council shelter. The last recommendation was to install crossing improvements on Martin Luther King Boulevard at Westminster Drive. A citizens spoke and said that the Town of Chapel Hill requested that Orange County build a safe crossing at the Homestead Parkas well as sidewalk extensions along the frontage of the Human Services Center tract. The final special use permit included requirements related to these items. He said that the County should be commended for looking at these issues and promoting the safety and wellness of the senior population. Ellen Young said that they would continue to share the project findings with other local boards. They will also promote walking and biking on existing routes around the senior center. There will be maps of routes displayed in the senior center, with copies available. Chair Carey said that the Board has been a promoter of walkable communities for many years, and they were pleased to see the results of this report. He said that the town's effort to address one of the recommendations resulted in an item being included in the special use permit, but it was not that the crosswalk had to be constructed before the County could get the occupancy permit. Commissioner Halkiotis said that he was impressed by this report. He received a phone call from the developer at The Meadowlands, George Horton, who said that they have had to hire a retired Sheriff's deputy to help seniors walk on the roadways within The Meadowlands because of the tractor trailers coming through there. He suggested a similar assessment for the Central Orange Senior Center. Commissioner Jacobs asked Commissioner Gordon about recommendations for possible DOT funding for this crosswalk. Commissioner Gordon said that it may be difficult to get funds, but they could try. The Homestead Road project is moving forward with $65Q,000 in Moving Ahead funds. She asked at the last meeting to be mindful that whatever is left over should go back to the high school #3 for road improvements to Smith Level Road. Mike Mills said that they would keep this in mind, but there was no commitment. She will ask about possible funding. Commissioner Halkiotis suggested putting the request in writing to DOT. Commissioner Gordon suggested a formal letter thanking DOT for the Homestead Road money and a separate letter requesting that the Moving Ahead money be moved for this crosswalk and road improvements for the high school #3 an Smith Level Road. Commissioner Jacobs said that there was a suggestion that there be bicycles available for seniors to use at the senior center. He suggested doing an outreach program for bicycles to be donated to the senior center. Commissioner Jacobs said that DOT has discouraged using crosswalks since it encourages people to cross the street. He would like to try and put "Senior Crossing" signs in The Meadowlands and also at the Southern Senior Center. b. Youth Voices Summer Leadership Training Institute The Board received an update on the third annual Youth Voices Summer Leadership Training Institute. Director of Community Services Sharron Hinton said that she was here to highlight this program. This is the third year that the County has sponsored this program. It is a partnership between the County Manager's Office, Cooperative Extension, Human Rights and Relations, and Triangle United Way. The Cooperative Extension office administers it. Each year, approximately 15 students from bath school systems have participated in this program for five or six weeks and have graduated with honors. The program is designed to build leadership and provide students the opportunity to demonstrate community service and to develop a tangible project for the Orange County community. She introduced four graduates from the program. The graduates reviewed the packet of information, which is incorporated by reference. The community service project was to help to provide a place for teens, similar to the senior centers. They made this along-term goal. The short-term goal was to have a teen advisory committee to work towards getting a teen center. The County Commissioners commended the group of graduates and the staff who worked on this program. c. Mill Creek Road Area Community Health Study Proposal The Board received a proposed community health assessment plan for the Mill Creek Road area, provided direction to staff, and considered funding from the Social Safety NetlCritical Needs Reserve to address water sampling costs. Health Director Rosemary Summers said that this proposal is in response to citizens' request to have some assistance in their area. The citizens came to the Health Department in the spring and talked with Ran Holdway about having their water tested because there was a concern that the water was not of the highest quality. Another citizen came to the Board saying that there was a high number of cancer cases in this community. The Board, Planning staff, and Health Department staff met with the citizens and talked with them about the concerns. The plan to address the concerns is two-fold -health and environmental. The proposal is to first find out the incidence of cancer in the community. They will draft a questionnaire to discover whether the incidence of cancer in the community is higher than to be expected. The second part is to do water sampling for the community and the cost is about $215 per household. The study area is about 110 homes and they would like to get as close to 100°~ sampling of this area as possible. The residents will need to fill out the sampling forms first or the OCHD will not ga onto their property. Commissioner Halkiotis made reference to the Healthy Carolinians report and that Orange County has a higher incidence of breast cancer than the State average. Rosemary Summers said that Orange County has a higher incidence of cancer overall than the State average. Commissioner Halkiotis said that he would like for her to bring back these statistics. Rosemary Summers said that they would have to look at cancer rates and compare whether they are higher or lower in this area than in the County. She and Ron Holdway met with the community last night to encourage mare people to participate in this study. Commissioner Jacobs said that it is important far the County to respond to this. He asked for a map of the area with the households. He would also like to take this opportunity to educate citizens about septic tank maintenance. Rosemary Summers said that it is also a chance to do some education on the other causes of cancer. Commissioner Foushee asked for an estimate on the number of persons who attended the community meeting last night. There were about 20 at the first meeting, and she wandered if the number increased. Rosemary Summers said that there were about 20 people that attended last night. One of the residents, Mr. Rollaway, had taken flyers around to churches to get the word out. She said that some residents are hesitant to say that they have cancer, so they pledged to the community that no individual information would be shared on the data received. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to formally authorize the staff to proceed and approved the transfer of the $21,500 funding from the Social Safety NetlCritical Needs Reserve to address water sampling costs. VOTE: UNANIMOUS 8. Public Hearings -NONE 9. Items for Decision--Regular Agenda a. Possible Referendum an Orange The Board considered determining whether or not to conduct a November 8, 2005 referendum implementing either an Orange County Schools (OCS) supplemental district tax or a countywide supplemental schools tax. Jahn Link said that at the June meeting the Board asked the County Attorney, Manager, and staff to respond to a series of questions from the OCS Board and the County Commissioners regarding a school supplemental tax or a countywide supplemental tax and language to be put on a ballot. The capped amount for the tax is the item up for discussion. He gave a PowerPoint presentation. He referred to two letters -August 8t" from the Chair of the OCS Board and today from the Chair of the CHCCS Board. There were also a number of reference items in the agenda packet, including ten- and five-year scenarios. Possible Countywide or Orange County Schools Supplemental School Tax August 16, 2005 Tonight's Topics • Review of past discussions regarding Education funding equity in Orange County • Financial Alternatives • Board Discussions Decisions and Work to Date September 2003 -Commissioners received staff analysis of potential impacts of school merger in Orange County - Analysis focused on financial, organizational, programmatic and legal considerations of possible merger Following that report, Board commissioned three separate undertakings to look at fiscal and programmatic equity and efficiencies between the two systems - Educational Excellence Task Force to review programmatic equity between the two districts Final report presented to BOCC in Spring 2005 - School Collaboration Work Group On-going process - Segal Study to review how possible efficiencies may be realized Series of progress reports received by Board; firm continues reviewing schools and county operations • June 2005 - Commissioners discussed possibility of calling a referendum in IUovember 2005 election regarding the implementation of eithera supplemental schools tax far OCS or a countywide supplemental schools tax - Requested County Attorney and staff to bring back additional information to August 16, 2005 BOCC meeting Sample ballot language for both possible referenda Attachment 7 of the agenda package Questions and Answers and other data related to both supplemental taxes Donna Dean explained the graphs for financial alternatives. Financial Alternatives Countywide District Tax - Three Year Scenario Ten and Five Year Scenarios included in agenda package County General Fund Ad Valorem Tax - Three Year Scenario • Orange County Special District Tax Tax Rate Impact on Residents To Achieve Funding Equity With Supplemental Countywide District Tax or County's General Fund Ad Valorem Tax Over Three Year Period Orange County Schools District Tax Financial Alternative In the three-year scenario the countywide tax would increase 6.3 cents, 12.6 cents, and 18.8 cents, and there would be a corresponding decrease in the CHCCS district tax. John Link said that in any scenario where they talk about a supplemental cauntywide district tax or a county general fund ad valorem tax, funding would be distributed on a per pupil basis for each school system. Also, if the Board pursues a countywide district tax ballot, the question is what is the message sent to Chapel Hill and Carrboro voters to encourage passage of it. Alsa, the present district tax has offered flexibility to address startup costs for new schools. Donna Dean pointed out that this countywide district tax only addresses school funding equity and not any increases in County project funding. John Link said that he would not ever recommend this three-year approach to address funding equity, because he does not think the County budget could withstand it. The last alternative is a district tax on the OCS. The CHCCS district tax raises about $1,286 per student. If the funding were to be equalized, the OCS district tax would have to be 21.2 cents. In order to address the difference between what the OCS requested and what the Board of County Commissioners actually approved this year, the district tax would have to be raised an additional 3.8 cents. John Link said that if the Board had approved all of the schools' requests over the last ten years, it would have added at least 50 cents to the tax rate. Commissioner Gordon asked Geof Gledhill about the ballot language and the uses of this money. She asked if there were limitations concerning how it can be used. Geof Gledhill said that only by limiting it in the ballot language would the uses be limited, otherwise it can be used for capital and operating expenses. Commissioner Halkiotis said that in Geof Gledhill's letter dated August 11t", it says that, "the Board of County Commissioners cannot set a supplemental tax rate higher than that requested. In the case of an Orange County district supplemental tax by the Orange County Board of Education, and in the case of countywide supplemental tax by the lower of the requests of the Chapel Hill-Carrbaro City Board of Education and the Orange County Board of Education." He asked for an explanation of this. He said that it sounds like one group would be holding another group hostage. Geof Gledhill said that he is right and the statute that makes this work this way was not written with multiple school districts in mind or multiple school districts and a countywide supplemental tax in mind. The way the statute is written, the Board of County Commissioners is limited in setting the district tax or the supplemental tax by the request made by the BOE. The lower of the requests is going to be the maximum the County Commissioners can set the tax rate. With respect to a system with two district taxes, then each of the boards of education would make a request and the district taxes could be set up to the amount requested for each. PUBLIC COMMENT: Tamara Dempsey Tanner is an Orange County citizen and OCS parent. She said that the current local tax supplement perpetuates the scenario of the funding disparity. She challenged the County Commissioners, along with all County citizens to promote a unified County education tax strategy. Alana Cagle said that she went online and found on the CHCCS website an overview of program comparisons between the two school systems. She said that it seems like the school system has enough money as it is and that the money should be used more wisely. Her question is what is CHCCS doing with its money. She thinks that some of the excess spending could be eliminated. She said that in the core courses, the AP offerings are similar between the two school systems. She said that both programs ga beyond the standard course of study, sa they do not need more money. She said that we need to collaborate better between the two school systems. Mary Copeland said that the County has excellent schools in both OCS and CHCCS and everyone should be proud of them. She said that there are many school districts in North Carolina that are handling their schools with a lot less money than Orange County. She does not see how they can afford higher taxes in Northern Orange. She said that it would always be different because Chapel Hill is made up of professors and doctors and the County has farmers and mill workers. North Carolina already has the highest taxes in the southeast. She begged the County Commissioners to leave the schools alone because they are great. CHCCS Board Chair Lisa Stuckey made reference to the letter from her along with her Vice-Chair Elizabeth Carter. She said that her board has not had the opportunity to review the materials that came online yesterday, so the letter reflects their comments and concerns as Chair and Vice-Chair. She said that they have not gotten full funding in many years and they have depleted their fund balance and cannot continue to do this. This year, the County Commissioners provided additional funding through the special district tax, because their capital funding was reduced and they are using this money far their operating budget. The major concern is that, as they move forward, their costs will continue to increase and their needs to provide additional programs will continue to grow. They are concerned that a trade off between the ad valorem tax rate and their special district tax would result in either a flat or depleted funding for them. They believe that the information strongly suggests that both a countywide supplemental tax and an increase in the Ad Val Orem tax, if coupled with an offsetting decrease in the district tax, would jeopardize the financial health of their district. They ask that their special district tax be maintained and that the district not be subjected to fiscal stagnation. Mark Peters spoke on behalf of 50 families. He read a letter, as follows: This is a very simple situation. It comes down to whether the county residents want to pay more school tax or not. We favor small school districts and local control. We favor any taxation mechanism where the county school board can voluntarily choose to tax and fund at the same level as the city district on a year-to-year basis if they so desire. We are opposed to any mechanism that harms the city district when the county board decides to tax less. For this reason, we oppose, and believe that city district voters will oppose, any mechanism that automatically sets the city district tax to zero. This is a real concern with a countywide district tax because the commissioners cannot set a rate higher than the lowest requested amount from the two school boards. Thus, one school board can choose a lower tax and harm the other school system. In the case of the countywide tax, if the county school board chooses to tax at the same level as the city district, then the city district tax will be zero. If the county school board attempts to lower funding of the city schools, then this attempt can be thwarted by levying the city district tax. This is the essence of local control. The decision to tax the county district for higher school funding should be the responsibility of the county school board and the BOCC should let the county district voters choose school board members who hold the same taxation values. US census data indicates that the county overall has a higher per capita and higher median income than Chapel Hill residents. The census also states that Chapel Hill has a higher poverty level than the county district. This completely debunks the myth that county residents are unable to pay their share of any increased OCS funding. Let's not forget the capital side of funding. In the last year, the county school district has benefited by a retiring a huge amount of the Cedar Ridge debt that, as a result, left the city district with basically no pay as you go capital funding. The city district is seriously hurting for capital money and the county district has lots of capital money. In closing, local control is the key. The only way OCS can have higher funding is if they step up to the plate and choose higher taxes. No matter what solution is chosen, it is OCS taxes that will be raised. City district residents are already paying the tax. Thank you. Keith Cook said that Orange County residents need to have the opportunity to vote for this. He said that the people that he represents do not want to merge or have a countywide district tax. He is in favar of additional money for OCS. With the three-year plan, OCS would have $6 million. They do not need this much money. He is in favor of ten cents. He said that things would never be equal. He would like to vote on a referendum. Dennis Whitling is a member of the OCS Board and he handed out questions that he had given to staff earlier. He made reference to the letter from the CHCCS Board and said that they received about 99°~ of their funding this year. OCS has not yet finalized their budget because they are still struggling with the cuts that need to be made because they received less than 50% of their request. These cuts include a lot of the things they were trying to put in to meet the Educational Excellence Report. The capon the general fund percentage used for education and the CHCCS district tax work against OCS to fund the budget. Regarding the countywide supplemental tax, he is offended by some of the comments made about holding a school system hostage. He said that they are not talking about doing away with the CHCCS district tax. He said that CHCCS could decide to zero out the countywide supplemental tax because they have the district tax to fall back on. He said that the easy solution is what is before them. They do not need a district tax or a countywide supplemental tax. Liz Brown is a member of the OCS Board and said that she agrees with Dennis Whitling. She said that year after year they ask for full funding and are told no because it would over fund CHCCS. This makes her think that the district tax in CHCCS does affect the funding in OCS. The Ad Val Orem tax is the fairest thing for OCS. The mill workers and farmers in the rural areas deserve the exact same educational opportunities as the professor's children in Chapel Hill. The school board voted unanimously that both options are bad and they also voted unanimously on a school budget this year that was 92.9% funded. AI Hartkopf is a member of the OCS Board and he said that Commissioner Halkiotis mentioned sidewalks and other issues, and he would like to talk to him about this later. He thanked the County Commissioners for the money that has been given to the OCS. He said that if they wanted a district tax, the people that brought them the merger issue would have brought it forward at that time. It is time for the Board of County Commissioners to vote tonight to tell the schools that they must make better use of the money. Commissioner Halkiotis said that it is important for people to be allowed to express their opinions, and to express their opinions on this issue at the ballot box is the best way to do this. He said that if it weren't for progressive voters in this county, in both the northern, central and southern parts of the county, then there are a number of schools in the county that would have never been built. And we need to be cognizant of this. It is an opportunity for people to stand up and be counted. School Board politics are something the School Boards can "fight" about. He said that he has been dismayed about some of the news he has read and some of the comments he has heard and he gets really dismayed when people start attacking each other, especially one school board attacking another school board. He said it almost has prompted him to stand up publicly and say, Commissioner Carey, do you want to take a vote on school merger, then he would vote with him and that would be two votes for merger and if you get another, then he {Commissioner Carey} would have his plan. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to call a special referendum for an Orange County administrative school district tax to be put on the ballot in November, with the appropriate language that the County Attorney and County Manager have put together as part of their agenda packet this evening. Chair Carey said that he does not support these taxes, either an OCS district tax or the countywide supplemental tax, and he does not plan to support these tonight. He said that the Board needs to approach school funding as one system. Chair Carey said that the most significant reason why he does not support either of these taxes is because neither one of the taxes puts the county in the best position in the long run to save money or at least get control of the costs of the operations of our two schools systems. And, neither tax will help the county save money on capital expenses in the long run. Commissioner Gordon said that she thought it was very important to get more money to the OCS. She said that she has looked back over the past 5 years and found that it has been approximately $2 million a year that is the difference between what OCS requested and what they received. She thinks that we should have some type of OCS tax that would provide more money to this school system and she has wrestled with the idea of whether it should be a county-wide supplemental tax district or a district tax. She thinks it is important far the OCS to have its own tax and for the CHCCS to have its own tax so each school district has the autonomy to ask the Board of County Commissioners far what they want. She said that if a tax passed, then the Orange County School Board could request up to the maximum that the tax could be levied and the County Commissioners would not levy any more money than what the Orange County School Board would ask. Commissioner Gordon suggested capping this tax at 10 cents and she said that this would more than fully fund the OCS's requests that they have turned in over the years. She said that they could fully fund the budget request from the OCS by a tax rate increase of 4-5 cents. Commissioner Gordon said that it is not true that the Board of County Commissioners has not done anything for the OCS. As recently as this past year, the Board assumed the debt for Cedar Ridge High School. The Orange County School Board should have the autonomy to set the maximum amount for the tax and it should be for a district tax and be set at 10 cents. She said that this is the best mechanism now for providing more funds to the OCS and she wants to put it to a vote of the people. Commissioner Foushee agreed with Commissioner Gordon. She has done a list of pros and cons for acounty-wide tax and for an Orange County School District tax and what was most important to her is to give more money to the county district. And the Board has heard from county district residents that they have enough funding and then some say they don't. She said that her opinion is that the OCS district needs more funding. She said that this goes above the level of the Board of Education by affording the residents of this school district an opportunity to determine if they want the tax. For the OCS Board to frame this conversation as if a Board was going to be voting or not for the tax, that is not what they are doing here. We are determining if there will be a referendum on the November ballot to allow the residents to determine if they want a district tax or nat. The Boards need to determine what they mean by equity and to define it or leave it alone. This is a step in the right direction to provide more funding to a school district whose Board believes in years' past that adequate funding has not been made. Commissioner Jacobs said that what he hears is that there is a strong voice for no change in the OCS school district and then there is another group that wants equity, which they believe, equals full funding and he thinks that the best way to find out is to ask the residents of the Orange County district. This does not mean that this Board supports or opposes a tax but that they should give OCS district residents the chance to speak. He thinks this Board would like to see if the OCS residents want a tool like the CHCCS residents have at their disposal far addressing some of the funding needs of their school system that have been identified. Commissioner Jacobs said that there is a proposal from Commissioner Gordon to put a cap on a tax at ten cents and he believes that there is some wisdom in that because it might be less scary at that amount for the district taxpayers. But he has been persuaded by others that the OCS district will then always be behind and that the thing to do is set the rate at the same rate as the CHCCS, which is capped at $.35. He said he is open to any proposal that the Board would like to put forward. Commissioner Gordon said that the problem is that $.35 might be too high to receive a favorable vote in a referendum and $.10 is about twice as much as the average OCS deficit. They could always consider raising it later and send it back to the people for a vote or a referendum. Commissioner Gordon said that the paint is that they don't know if the OCS residents want this or not so they should put it to a vote by the OCS district voters. Commissioner Halkiotis said he is happy with a maximum of $.10 on the ballot. Chair Carey asked Commissioner Halkiotis if he wanted to make this a part of the referendum and he said yes. Commissioner Halkiotis restated and amended his original motion, which was seconded by Commissioner Gordon, to call a special referendum election for a tax to be levied and collected on all of the taxable property within the Orange County School District at a rate not to exceed $.10 {10 cents) per One Hundred Dollars ($100) of property valuation to be used to supplement funds from the State and county allotments to the Orange County School Administrative Unit and thereby operate schools of a higher standard. VOTE: 4 yeas (Commissioners Foushee, Gordon, Halkiotis and Jacobs} 1 nay {Commissioner Carey) The Board agreed to extend the meeting to address item 9-b. b. Actions Related to Planned Acquisition of Triangle SportsPlex Property The Board reviewed and/or provided direction regarding several elements of the Board's Decision to acquire the Triangle SportsPlex property. Rod Visser re-capped the recommendations. The Board approved in June a contract to acquire the Triangle Sportsplex property, which includes 16 acres, including the building and equipment. This contract has since been signed by the Chair and the representative of Eaton Vance, the current owner of the Sportsplex. They are now in a 60-day "free look" period. This gives an opportunity for some additional due diligence work. He read the recommendation as stated in the agenda abstract and below with the motion. Commissioner Halkiotis asked if the proposal from Corley Redfoot Zack includes the design of the new construction and renovations and Rod Visser said yes. Commissioner Jacobs said that he assumes that there are no liens in Massachusetts. Geof Gledhill said that in order for a suit to affect this property, it would have to be filed in Orange County unless there is a bankruptcy. They will use whatever means necessary to determine whether there has been a bankruptcy. Commissioner Gordon asked about the financially agreed upon procedures and "management representations." Geof Gledhill said that this refers to them having everything in order and certifying there is no fraud and nothing is being hidden. He said that the people who own this company do not know haw the company has been operated. Commissioner Gordon said that the steps outlined seem reasonable, but a sticking point for her is that they cannot get the audit. She read the paragraph that explains why they cannot get the audit. There is no reason that they should not give the County the audit. She wants to see this move forward, but she wants to ask for an audit. The representative from Blackman and Sloop said that an audit would be more encompassing, but with the agreed upon procedures, they would focus more on what the Board wants in the purchase. She said that they have met with management at the Sportsplex, and they have been very cooperative in opening up records. The scope of the audit is limited and they cannot get an unqualified opinion. John Link said that they can try again with the audit, but he thinks they should be expeditious with the other parts. Commissioner Halkiotis agreed. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the manager's recommendation and ask Eaton Vance again for an audit, and for this to come back to the Board for review and approval if an audit is not received. 1} Pursuant to G.S. 143-64.32(b), exempt the project from the architect selection process far the reasons cited herein; and accept the accompanying design services proposal and approve the subsequent contract, subject to final review by staff and the County Attorney, and authorize the Chair to sign it; 2) Approve the accompanying project management contract, subject to final review by staff and the County Attorney, and authorize the Chair to sign it; 3) Approve an agreement, subject to final review by staff and the County Attorney, between Orange County and Blackman & Sloop for Blackman & Sloop to perform the financial procedures described herein, and authorize the Chair to sign it; and 3) Provide direction to the Manager, staff and Attorney regarding due diligence activities related to the purchase of the facility, and any other information the Board may wish to consider at its September 7 meeting prior to the end of the 60-day "free look" period. VOTE: UNANIMOUS Rod Visser said that they will bring this back on September 7t" with additional information. Commissioner Gordon said that the Commissioners are serious about needing an audit. All below deferred. c. Appointments {1 } Transfer of Development Rights Taskforce -New Appointments The Board was to consider making new appointments to the Transfer of Development Rights Taskforce. DEFERRED (2} Economic Development Commission (EDC} -One New Appointment The Board was to consider making one appointment to the Economic Development Commission. DEFERRED (3) Recreation and Parks Advisory Council (RPAC) -New Appointments The Board was to consider making appointments to the Recreation and Parks Advisory Council. DEFERRED {4} Advisory Board on Aaina -Two New Appointments The Board was to consider making new appointments to the Advisory Board an Aging. DEFERRED {v) Historic Preservation Commission -One New Appointment The Board was to consider making one reappointment to the Historic Preservation Commission. DEFERRED 10. Reports-NONE 11. Closed Session-NONE 12. Adjournment The meeting was adjourned at 10:52 p.m. Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board