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HomeMy WebLinkAboutMinutes - 20050907APPROVED 1112/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 7, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Wednesday, September 7, 2005 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, and Commissioners Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Valerie P. Foushee COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and 5. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING 1. Additions or Chanaes to the Aaenda The blue sheet was an additional applicant for item 9-d (6}. The pink sheet was revised for item 5-e. Commissioner Gordon made reference to item 6-c, Resolution Providing Comments to the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro MPO Regarding Regional Priority List and said that this was put on here with the idea that the State DOT was going to release the 2007-2013 draft TIP in October. However, it will not be released until January and she recommends pulling this item far additional comments. Commissioner Halkiotis suggested having a special work session to discuss bigger transportation issues that affect Orange County and Commissioner Gordon agreed. Commissioner Jacobs asked about the Board of County Commissioners' initiative to start an advisory board on transportation. Someone will provide an update on the status of this. The yellow sheet was an addition to the agenda that grew out of meetings that Chair Carey and Commissioner Jacobs had with Hillsborough officials -item 6-d. The purple sheet is additional information on item 10-a. There was also additional information an item 10-b. Commissioner Gordon said that there is a report on item 10-a that requires an action and she suggested putting that before the appointments. The Board agreed to move item 10-a to item 9-e. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aaenda None b. Matters on the Printed Aaenda {These matters were considered when the Board addressed that item an the agenda below.) The Chair moved the Manager's Report before the Board Comments to get a hurricane update. 4. County Manager's Report John Link recognized EMS Director Jack Ball. Jack Ball said that Orange County has been responsive to victims of Hurricane Katrina through the State. They have provided personnel support and resources to the affected areas. Last week they received a call from the state to assist in transporting patients from RDU to various hospitals. They responded with the mass casualty bus and four ambulances. The airplanes were diverted to another area, sa they stepped down. However, they were able to help with evacuees. They were also asked by the State to provide additional resources to St. Tammany, Louisiana. There are two telecommunicators there providing communication capabilities and they will return in about 14 days. He was also asked by the State this afternoon to provide two additional personnel fora 16-man emergency operation team. On the home front, they have been meeting with their partners in looking for options in providing assistance to shelter evacuees. They would provide support to Raleigh, Charlotte, and Greensboro. They are also partnering with the Inter-Faith Council and Orange Congregations in Mission to identify host families interested in assisting with evacuees. They are in daily contact with the State Emergency Management Agency. Commissioner Halkiotis said that he has been thinking about the level of preparedness in Orange County. He said that if they were in a situation where there was no electricity; in his opinion, they need to develop a hard copy of emergency management procedures for the public. It is great that the plan is on the website, but if there was no electricity it is useless. The hardcopy could have information such as where the central shelter is in central and northern Orange County. This is C.W. Stanford Middle School. In the southern part of the County it is Smith Middle School. He would like an update on the plan for a disaster. Jack Ball said that he and Eric Griffin talked today about getting this guide to a form for all citizens. It is too expensive to get together for everyone. Eric Griffin has had contact with media about a pull out section on this topic. They are also looking at putting this guidebook on a CD-ROM. Commissioner Jacobs agreed with Commissioner Halkiotis that they have not revisited the disaster plan in a long time. He would feel responsible if things went wrong like they did in Louisiana. He wants to know what is expected of him in this type of disaster. He cannot believe that when people entered a shelter, their names did not immediately go on a predetermined website so that relatives could find their family members. He wants to be prepared and confident that Orange County is as ready as possible. Jack Ball said that it is prudent to review your plans every two years. Commissioner Gordan echoed the other responses. She asked if the new communication devices that will be bought would work in an emergency. She said that communications have to include the elected officials and there are plans for them to have cell phones and computers, but they would not work in a situation like New Orleans. She asked how elected officials would communicate in an emergency of this magnitude in Orange County. She would also like to find out again the evacuation plans for different types of disasters. Jack Ball said that the state of North Carolina does have mobile communication devices to pull in and raise antennas to provide temporary communications in the region. It is an expensive program, and they have been successful with same grants. He said that even if cell and radio towers go down they do have a satellite phone in the Emergency Operations Center to request assistance. They need to continue to work on upgrading the existing communication capabilities. On the evacuation procedures, they would have a problem evacuating the mass amount of people necessary if there were an emergency at the Shearran Harris Nuclear Plant. On area evacuations, it may be easier, such as hazardous material leaks, etc. They will be looking at these issues. It would be very difficult to evacuate all of Orange County. Regarding communication with elected officials, his plan is to have personnel come to each County Commissioners' home with a radio and provide information on how it would work and how to contact other County Commissioners. This is a medium stopgap method at this time. Chair Carey said that the Board would appreciate the development of a better plan. He thinks that this recent catastrophe will cause many governments to look at their emergency plans. He shares the other County Commissioners' views to reassess the plan. Chair Carey made reference to the memo from the Manager an hiring delays to save money, etc. There are also staff going to Louisiana and Mississippi to help and he suggested that if staff were needed on a temporary basis so that departments are not adversely affected by the staff going, then it would be all right with the Board on an absolute necessary basis. John Link agreed about revisiting the emergency plan. He suggested having a work session discussion very soon, before the hurricane season ends. Jack Ball said that they did prepare a presentation, and they will save it for the work session. John Link introduced Steve Averitt, Land Records GIS Director. He came from Gaston County where he built a GIS system from the ground up and it is one of the most respected systems in that area. town. Chair Carey said that Commissioner Faushee is not here tonight because she is out of 3. Board Comments Commissioner Jacobs said that the Transfer of Development Rights workgroup met once last week and is going to try and finish its work by early next year. It was a very lively group with different levels of understanding of TDR. Commissioner Jacobs said that the Human Services Advisory Commission Forum is September 14th at the United Church of Christ and it is dealing with homelessness in Orange County. Commissioner Jacobs said that, to follow up with the disaster on the Gulf Coast, we are coming upon the anniversary of 9111, which conjures up a lot of sadness and anger. He said that there is no one that he has spoken with recently who is not affected by this hurricane disaster and who does not feel tremendous empathy for the victims. One of the things that saddened and angered him was that many people could not evacuate because they had no transportation or no place to go. He wants to make sure that part of Orange County's evacuation plan is to provide public transportation to evacuees. As gas prices go up, public transportation becomes more important. He thinks the County should set an example of conservation. Commissioner Jacobs said that he asked the school systems if they are identifying surplus materials to share with school systems in Louisiana and other Gulf states. He wants to share as many resources as possible with those affected by Hurricane Katrina. Commissioner Jacobs said that the other thing that struck him is the continued degradation of the environment. He said that there would be a lot of blame leveled at officials because of this disaster. He said that when you build a presidential administration on lies and then you lie to people, then it undermines confidence in the government and everyone thinks that all politicians are liars. He does not think he can ever forgive this president. Commissioner Halkiotis said that he met with the Manager and department heads last week to deal with the issue of energy conservation. He gave staff ideas far an energy conservation program far this County. There are follow up meetings where he can bring back some ideas to the Board. This policy will respect the earth and taxpayer dollars. The policy will also include dress. He suggested that people dress appropriately and not expect the HVAC systems to do what their bodies are supposed to do. Commissioner Halkiotis said that during Hurricane Floyd they sent trained people to the disaster area. He was shocked to hear about the cardiac field hospital based in North Carolina that could not get permission from the state to set up to provide services in the Gulf area. They are now set up in a K-mart parking lot in Mississippi and performed an open-heart surgery in a tractor-trailer truck. It took several days to cut through the bureaucracy. He suggested adopting a county in the Gulf area. He suggested that Chair Carey contact NACo about this. Commissioner Halkiotis asked about the Segal report regarding schools and County government. He was told it was going to be back in June. John Link said that he expects it to come back within the next several meetings or sa. Commissioner Halkiotis said that he would like it before December and John Link said that it would be October. Commissioner Halkiotis said that he received a 30-page fax at 5:30 tonight. It is the same thing that is sitting on the table tonight. He said that there is no way that he would have time to read this before the meeting. He wants this to be part of the energy conservation policy. He does not want any faxes on the day of a meeting. Commissioner Halkiotis said that he thought there was an agreement in reference to drought situations. He thought that the level of Lake Orange was supposed to be put on agenda abstracts. He said that Lake Orange was dawn 37.5 inches last week. County Engineer Paul Thames said that they are now down 43 inches at Lake Orange. Commissioner Halkiotis said that he is concerned and he wants to know Lake Orange levels on a regular basis. Commissioner Halkiotis said that he would not be able to attend the work session next week because he has to help his mother in Florida. Commissioner Gordon said that she would not be able to attend the HSAC forum due to prior commitments. Commissioner Gordan said that she appreciates what staff has done on the emergency services front. She thanked the staff far the information about fuel conservation with the County. Commissioner Gordon said that TTA has a Smart Commute Challenge which asks people to pledge that they will use an alternative to the single passenger auto to commute to work. She hopes the BOCC, county staff and county residents will participate in the smart commute challenge by signing up on the website at www.smartcommute.org. She also reported that TTA has added express service between Raleigh and Durham, and between Raleigh and Chapel Hill. Commissioner Gordon said that TTA chose a master developer for the 12 rail stations and this firm will coordinate the development around these 12 stations. Commissioner Gordon reported on the proposed change to the TTA corridor in southwest Durham County, which would make the corridor longer and probably more expensive. This corridor is important to Orange County since the only way to get to Orange County via the TTA transit system is to go west through Durham County. Commissioner Gordon said that, at the DCHC TAC meeting, the 2006-2012 TIP has been approved and sent to NC DOT. The TAC staff has indicated that DOT agreed that there will be no hold ups for the first three years of the TIP projects. Chair Carey said that he would also be away for the HSAC forum. Chair Carey said that NACo has a counties helping counties program, but it does not appear to include the county adopting other parishes, but he will inquire about this. Chair Carey said that he distributed to the Caunty Commissioners a summary of the meeting with the Manager and Alamance County officials about solid waste management issues. Alamance County's needs have changed and they are now eager to work with Orange County on ashort- and long-term basis. He wants to ask the Board's permission to direct the staff to gather information on the options available if they decide to work with Alamance County. He thinks it would be appropriate for he and the SWAB representative, which is Commissioner Jacobs, to begin dialogue with the staff and the Alamance County Commissioners about options. Commissioner Halkiotis read off of the handout - "Through research, Alamance County has concluded that the waste stream that could be provided by Orange Caunty is preferred due to the programs implemented by Orange Caunty to reduce its waste stream and minimize the toxic content of the stream." Commissioner Halkiotis asked about the current tipping fee in Orange County and it was answered $46.00. He is interested in this prospect of working with Alamance County and there is a $10.00 differential in tipping fees at $36.00. Commissioner Jacobs said that he and Commissioner Halkiotis met with representatives from Alamance Caunty a few years ago and the Chair of the Alamance Board at that time said that, "If you want a landfill, just buy a farm south of Chapel Hill and put it all there." He appreciates that there is a broader understanding of same of these issues. He reminded the Board that the County adopted the principle that if the County ships waste outside the County, they would insist on the same environmental protection and respect for the citizens that live near the landfill as they would if it were in Orange County. 5. Items far Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for the June 9 and 14, 2005 Budget Work Sessions as submitted by the Clerk to the Board. b. Appointments (1) Affordable Housing Advisory Board -One Reappointment The Board reappointed Artie Franklin to the Affordable Housing Advisory Board to a first full term expiring September 30, 2008. (2) Chapel Hill Parks and Recreation Commission This item was removed and placed at the end of the consent agenda far separate consideration. c. Classification Plan Amendment -Add Class of Licensed Practical Nurse The Board amended the Orange County Classification and Pay Plan by establishing a new class of Licensed Practical Nurse {LPN} at Salary Grade 12 {Salary Grade 12 has a hiring range of $28,935 - $37,596). d. Budget Amendment #1 The Board approved budget ordinance amendments for fiscal year 2005-06 for Social Services, Miscellaneous, Department on Aging, Health Department, and Human Services Non- Departmental. e. Property Tax Refund Request This item was removed and placed at the end of the consent agenda for separate consideration. f. Endorsement for Trading Path Association National Endowment for the Humanities Grant This item was removed and placed at the end of the consent agenda for separate consideration. g, Resolution Confirming Appointment of Orange Person Chatham (OPC) Area Director The Board adopted a resolution, which is incorporated by reference, confirming the appointment of the next OPC Area Director, Judy R. Truitt, and authorized the Chair to sign. h. Resolution Authorizing the Orange Person Chatham tOPC}Area Authority to Purchase Real Property The Board adopted a resolution, which is incorporated by reference, that allows the OPC Area Authority to exercise its option and acquire and hold title to real property currently under lease and authorized the Chair to sign. i. Forest Service Contract for Fiscal Year 2005-06 The Board approved the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR} for protection, development, reforestation, management, and improvement of farestlands located in the County, subject to final review by staff and the County Attorney, and authorized the Chair to sign the agreement. L Bid Award: Construction of Recycling Center at Hampton Pointe The Board awarded a bid to Mainline Contracting, Inc of Durham, North Carolina for a total of $115,500 to construct a recycling center at The Home Depot at the Hampton Pointe shopping center in Hillsborough, and authorized the Purchasing Director to execute the necessary paperwork. k. Bid Award: Picnic Shelter at Efland Cheeks Community Center The Board awarded a bid to Patriot Builders of Hillsborough, North Carolina to furnish and install an Enwoad 20' x 28' wired picnic shelter, and authorized the Purchasing Director to execute the necessary paperwork. I. Bid Award: Landfill Compactor for Orange County Landfill This item was removed and placed at the end of the consent agenda for separate consideration. m. Approval of Social Services Request to Utilize Funds Appropriated for Day Care The Board approved a request to release appropriated day care funds in the amount of $50,000 to Social Services so that the Department can provide subsidy to additional families on the day care waiting list under policies developed by the Social Services Board. n. Contribution to Ronald Aycock Scholarship Fund The Board appropriated $1,000 from the Commissioner's Contingency as a contribution to the Ronald Aycock Scholarship Fund. o. Classification Plan Amendment -Add Class of EMS Operations Manager The Board amended the Classification and Pay Plan to add the new class of EMS (Emergency Medical Services} Operations Manager at Salary Grade 20. Salary Grade 20 has a hiring range of $42,954 - $55,811. ~ Housing Rehabilitation Contract Awards The Board awarded one contract far the County CDBG Scattered Site Housing Rehabilitation Program to William Lang Construction Co. in the amount of $34,770 for 108 Glossop Circle, Carrboro; and two housing rehabilitation contracts for the CDBG Housing Rehabilitation Program administered by the County for the Town of Chapel Hill to Structure Building Company in the amount of $18,120 and $45,685 for 400 McDade Street, Chapel Hill and 309 Mitchell Lane, Chapel Hill. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: b. (21 Chapel Hill Parks and Recreation Commission The Board considered making one reappointment to the Chapel Hill Parks and Recreation Commission. Commissioner Jacobs said that one of the things discussed when he was the liaison with the Recreation and Parks Advisory Council is that there is not much communication with other recreation advisory boards. He wonders if the Chapel Hill representative comes to the Orange County Recreation Board meetings to report. Commissioner Gordon said that the groups met together in April. She does not remember the representative ever coming to their RPAC meeting. There is a representative from Chapel Hill on the RPAC. Commissioner Jacobs asked Commissioner Gordon to follow up on the RPAC with haw this person can communicate with the RPAC. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to reappoint Pete Schwartz to the Chapel Hill Parks and Recreation Commission to a second full term ending June 30, 2008. VOTE: UNANIMOUS Commissioner Gordan asked John Link to communicate this information to Recreation and Parks Director Lori Taft. e. Property Tax Refund Request The Board considered adoption of a refund resolution related to one (1} request for a property tax refund in accordance with N.C. General Statute 105-381. Edward Tang said that the property tax he has paid from 2000-2004 was overcharged by over $2,100. He asked far a refund due to a clerical error. His house is only 3,026 square feet, but he was billed far 3,300 square feet. He asked for a refund of $2,167.34. John Link said that they empathized with Edward Tang, but the County Attorney and Tax Assessor have reviewed the material and statutes, and they have recommended denying this tax refund. County Attorney Geof Gledhill said that there are two reasons why this request should not be approved. One is because the courts have held that the clerical error that occurred here is not the kind of clerical error that allows for a tax refund. The other reason is that the error in measurement was run through the schedule of values of 1997 and 2001 and the value of his house was greater with the incorrect measurements. The tax office found that the net result was less square footage, but there was an increase in one area and a decrease in another. Commissioner Halkiotis said that Geof Gledhill is clear on the abstract that if a refund is in violation of law it may be recovered from any County Commissioner that voted for the refund. He said that this law has been in effect since the 1930's and this should be part of their legislative proposal next year. He wants to know who made the mistake here. Tax Assessor John Smith said that his department made the mistake and the house was listed in 1999, and if they had listed it correctly the taxes wauld have been greater. Chair Carey said that they would not be able to honor his request for a refund. Edward Tang said that this is a matter of principle. He is asking for a fair and honest system. The money is nat the issue. Chair Carey understands his frustration and there was a mistake made, but if the values had been applied appropriately, then the taxes would have been more. A motion was made by Chair Carey, seconded by Commissioner Jacobs to approve adoption of a refund resolution, which is incorporated by reference, denying {1) request for property tax refund in accordance with N.C. General Statute 1a5-381. VOTE: UNANIMOUS f. Endorsement for Trading Path Association National Endowment for the Humanities Grant The Board considered sending a letter of support for the Trading Path Association's grant application to the National Endowment for the Humanities, and to receive the Historic Preservation Commission's letter of support as well. Tom Manguson said that he was only making himself available to answer questions. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve sending a letter of support for the Trading Path Association's grant application to the National Endowment for the Humanities, and to receive the Historic Preservation Commission's letter of support as well. VOTE: UNANIMOUS I. Bid Award: Landfill Compactor for Orange County Landfill The Board considered awarding a bid for a Landfill Compactor for the Orange County Regional Landfill to Raad Machinery Inc. of Statesville, North Carolina, and authorizing the Purchasing Director to execute the necessary paperwork, and authorizing the Finance Director to obtain appropriate financing and execute all associated paperwork. Commissioner Gordon said that she wanted to highlight to move forward with the next form of trash disposal. This piece of equipment is expensive. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve awarding a bid for a Landfill Compactor for the Orange County Regional Landfill to Road Machinery Inc. of Statesville, North Carolina, and authorize the Purchasing Director to execute the necessary paperwork, and authorize the Finance Director to obtain appropriate financing and execute all associated paperwork. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution for Purchase of Conservation Easement - Dr. Charles Keith The Board considered a resolution approving the purchase of a conservation easement for land owned by Dr. Charles Keith to protect natural area and open space associated with Pickard's Mountain and Morgan Creek {Bingham Township} and authorizing the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and the County Attorney. Rich Shaw with ERCD presented this item. This is through the Lands Legacy program. ERCD Director Dave Stancil showed some maps of the properly. Doctor Charles Keith owns 81 acres off of Marion's Ford Road, which is off Dairyland Road in Bingham Township. They acquired the land in 1963 and the Lloyd family once farmed it. There are four adjacent tracts. Three of the tracts are all wooded and undeveloped and one of them includes the Keith residence and an arboretum. It is one of the largest arboretums on the east coast. Mr. Keith has already donated a conservation easement on 45 acres to the Triangle Land Conservancy and is now interested in putting the remaining 36 acres of the property under easement. He has agreed to sell the conservation easement to Orange County at $3,aaa an acre; or about $1 a8,aaa, which is well below the appraised value of the development price of $11,3aa per acre. The purchase price would help fund a stewardship endowment for anon-profit foundation to maintain this property in the future. The easement would help protect the Keith Arboretum, the undeveloped woodlands, and the headwater streams located on the property. All future development rights would be relinquished with the exception of potential walking trails, maintenance structures for the arboretum, and a potential future visitor or educational center. Four other families in this immediate area have also granted conservation easements to the County, making the total 515 acres. Commissioner Jacobs said that this is a life work of the Keith's and will be a long time asset of the County. He made reference to item 2.5 on page 11, Recreational Use, and it says that the foundation can have organized recreational use. He asked if access could be coordinated with the County so that all citizens have the opportunity to visit the property when i is open for recreational uses. Geof Gledhill said that conservation easements typically do not allow owners to go on land except far monitoring purposes. He said that the Board can approve this and then staff can work on this idea. Rich Shaw said that Mr. Keith intends to allow people to visit the property. A visitor's center may be constructed. Chair Carey asked if there could be an operational agreement and Geof Gledhill said that there could be a separate contract to involve the County with the property. He will think about it. Commissioner Jacobs said that he is comfortable with this. Commissioner Gordon made reference to item 2.5, number 6 and said that it seemed pretty clear that there was no right of access by the general public. She wonders about the recreational use and how it would work. She said that it was unusual to have the visitor's center, which would probably have a fee attached to it. The staff will work on the operational agreement language. Geof Gledhill said that if the Board takes action, it is not contingent on the collateral agreement. Commissioner Jacobs said that they should proceed. He spoke with Dr. Keith, and his primary motivation is to have this have a long life after he is gone. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiatis to approve the resolution approving the purchase of a conservation easement for land owned by Dr. Charles Keith to protect natural area and open space associated with Pickard's Mountain and Morgan Creek (Bingham Township} and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and the County Attorney. The motion includes having a good faith conversation with Dr. Keith about the recreational use. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of a Conservation Easement Between Orange County and Dr. Charles Keith WHEREAS, Orange County has adopted goals promoting the preservation of natural areas, wildlife habitat, farmland and open space in the County; and WHEREAS, Orange County has adopted measures that exceed State minimum standards to protect public water supply watersheds, including the University Lake watershed, which provides drinking water to the residents of Chapel Hill and Carrboro; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on lands that include natural areas, wildlife habitat and riparian buffers within water supply watersheds; and WHEREAS, Dr. Charles Keith owns 81 acres of land adjacent to Pickard's Mountain and including headwaters of Morgan Creek within the University Lake Protected Watershed; and WHEREAS, Dr. Keith has already protected 45 acres of the property with a conservation easement that he granted to the Triangle Land Conservancy; and WHEREAS, Dr. Keith wishes to permanently protect the remaining 36 acres of the property, which includes a restored 1830s lag cabin, an Arboretum and undeveloped forestland; and WHEREAS, a conservation easement provides awin-win scenario -ensuring the preservation of this private property for future generations and providing same level of financial compensation to Dr. Keith; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the conservation easement in the property owned by Dr. Charles Keith that is described in the conservation easement agreement; 2} approve the execution of this conservation easement agreement with Dr. Charles Keith, in accordance with the terms of the attached easement agreement, subject to final review by staff and the county attorney; and 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on ar about November 30, 2005. BE IT FURTHER RESOLVED that the Board thanks Dr. Keith for his civic-minded interest in pursuing this conservation easement through the County's Lands Legacy Program. This the 7th day of September, 2005. VOTE: UNANIMOUS b. National Preparedness Month in Orange County The Board considered designating the month of September 2005 as National Preparedness Month in Orange County, and encouraging residents to engage in sound emergency preparedness practices. EMS Director Jack Ball introduced Eric Griffin. This is to remind families to have emergency preparedness kits and family plans in place in the event of some disaster. The new website is www.readyorange.org or citizens can call the EMS Department at 919-968-2050. They encourage residents to have athree-day supply for an emergency preparedness kit. Commissioner Halkiotis asked how tang water could be stored in a clean container. He asked if it could last for six months in a clean container in a dark place. Jack Ball said yes and they recommend rotating the water and food supplies every six months. Commissioner Halkiotis said that recently a national report came out that 30-35% of bottled water had its origins in a municipal tap. Eric said that they do not recommend using plastic milk jug containers. The soda type plastic bottles are better to use. Commissioner Jacobs said that the County Commissioners did agree that there would be updates on what is being done to conserve water and on the lake levels. He said that it would be nice to continue with water conservation procedures. He suggested that when there is a phone number mentioned, it should be put on the screen during the broadcasted meetings. Eric Griffin mentioned the website www.h2orange.org, which is the drought response website. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proclamation as stated below designating the month of September 2005 as National Preparedness Month in Orange County, and encourage residents to engage in sound emergency preparedness practices. National Preparedness Month September 200v WHEREAS, The United States Department of Homeland Security, along with 127 other entities, has designated the month of September 2005 as National Preparedness Month; and WHEREAS, Orange County frequently experiences impacts from, and is vulnerable to, most types of natural disasters, including the November 1992 Hillsborough tornado, Hurricane Fran in 1996, Hurricane Floyd in 1999, the major snowfall in 2000, and the ice storm in December 2002: and WHEREAS, There is an ever present risk of hazardous materials emergencies, building collapse, fires, terrorist attacks, and other man-made disasters in and around Orange County; and WHEREAS, From 1993 through 2003, governments, residents and businesses in Orange County received nearly $16.4 million in federal disaster assistance; and WHEREAS, The need for residents to learn more about various disasters and how to protect themselves should be emphasized; NOW THEREFORE, The Orange County Board of Commissioners hereby proclaims the month of September 2005 as National Preparedness Month in Orange County, and encourages all residents to learn mare about emergencies and disasters and engage in sound preparedness practices. Adopted this 7th day of September, 2005. VOTE: UNANIMOUS c. Resolution Providing Comments to the Transportation Advisory Committee of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Regarding the Regional Priority List for 2007-2013 Transportation Improvement Program The Board considered endorsing comments to the Transportation Advisory Committee (TAC} of the Durham-Chapel Hill-Carrboro (DCHC} Metropolitan Planning Organization (MPO} regarding the draft regional priority list for the 2QQ7-2Q13 Transportation Improvement Program (TIP}. Deferred d. Resolution Modifying Initiation of the Restrictions of the County's Water Conservation Ordinance The Board considered a resolution that will: 1}temporarily modify how the County implements the provisions of the County's water conservation ordinance calling for voluntary and mandatory conservation of water by citizens in northern Orange County who use water provided by the Orange-Alamance and Town of Hillsborough water systems; and 2) initiate a process of discussion and negotiation with Orange-Alamance Water System and Town of Hillsborough as to future operation of the northern Eno water supply with respect to withdrawals and releases from Lake Orange and Hillsborough's West Fork Reservoir. Chair Carey said that this grew out of two meetings that he and Commissioner Jacobs had with the water service providers in central Orange County during the week after the agenda was sent out. County Engineer Paul Thames said that the water providers were asking that Orange County modify the way it enforces its drought ordinance to be more in line with their own ordinances and procedures and that reflect changing conditions in the water supply and demand situation. The proclamation also attempts to address Orange County's longstanding commitment to preserving and protecting the Eno River and Lake Orange Upper Eno environment. The conditions that have changed since Orange County's initial ordinance and the capacity use agreement were adopted are that the Town of Hillsborough now has its own water supply and Orange-Alamance has reduced its water demand by removing the Town of Swepsonville from its customer base and it has a permanent water purchase agreement from the Town of Haw River, and that they now have four groundwater wells that can supply up to 3QQ,QQQ gallons a day. Hillsborough has also lost its largest water customer, Flynt Fabrics. Paul Thames gave some statistics about water usage. The demand currently is about 3.2 million gallons a day, which compares with a demand of over 4.5 million gallons a day when the agreements were adopted. The Tawn of Hillsborough has revised its ordinance to take into account its lowered water use, availability of water from the reservoir, and its need to sell water. Chair Carey said that there are still some differences of interpretation that must be worked through and they wanted to recommend it to the Board as a good faith effort. Commissioner Halkiotis asked when Lake Orange becomes technically dry and Paul Thames said that they couldn't get the last 18°l0 out of the reservoir, so it has to go down about 14 feet from full. Commissioner Halkiotis said that he appreciates the efforts, but as he reads this letter from the Mayor, and he read as follows: "I still firmly believe that the Town of Hillsborough clearly has complete jurisdiction over its out of town customers and the County's water restrictions an our customers are legally non-binding!" He is troubled by this statement. He asked the County Attorney about this. Geof Gledhill said that he respectfully disagrees with the Mayor's legal opinion, and he said that the Town has the right under the law to regulate its customers, including its out of town customers. Orange County is not using enterprise paver in its water conservation ordinance, but is using police power and health, safety, and welfare power and it has jurisdiction to create a police paver regulation up to the town limits. Orange County's water conservation regulations are applicable everywhere outside of the towns in Orange County, including all of the OWASA customers outside of Chapel Hill and Carrboro. He does agree that there is confusion with the two separate sets of regulations -one for the Town of Hillsborough and one for Orange County. Commissioner Halkiotis requested that the County Attorney put his opinion in writing and not let this go unchallenged. He said that Hillsborough has been voluntarily releasing additional water from the West Fark Reservoir. He asked how many more gallons per day have been released. Paul Thames said that he does not have the numbers. Commissioner Halkiotis said that they have been worried about water for a long time and he wants to be a goad steward of water. He wants to know how many gallons they are talking about and he does not like the letter with exclamation points and underlining. Commissioner Gordon said that this means that there will be a moratorium up to 90 days if they approve it. Also, when they talk about participating in serious discussions, they should talk about developing potential new water conservation policies that "might" coincide with the policies of Hillsborough, rather than saying "will". She would also like to consider some language about providing an enhanced level of protection/preservation of Lake Orange/Eno River environment and to indicate the implications far groundwater. The language could be, "and protection/preservation of any groundwater resources that may be affected." Commissioner Gordon also made reference to the county's Water Resources Initiative and noted that if the county had hired a hydrogeologist, the person would be very helpful in these negotiations. Commissioner Jacobs said that he would suggest making a separate first bullet about groundwater: "We hereby resolve to provide an enhanced level of protectiontpreservation of Lake Orange/Eno River environment" with the inclusion of the protection of groundwater as stated above. Commissioner Gordon agreed. Commissioner Jacobs made reference to the first page and the second "whereas" and said that Orange-Alamance is not a municipality. Also, in the last "whereas" he tack out the word "have" and put in "had." Commissioner Jacobs said that he was disappointed with the letter from the Mayor because he and Chair Carey thought that they would sidestep the discussion about who has the legal right to do what and just figure out how to make it better. Chair Carey shares Commissioner Jacobs' concerns with the letter from the Mayor. Commissioner Gordon read the new language for the Now, Therefore portion of the resolution. "Direct that any potential new water conservation policies, procedures, agreements, and ordinances, etc. that might be developed will provide for an enhanced level of protection/preservation of the Lake Orange/Eno River environment and also an enhanced level of protectiontpreservation for any groundwater resources that might be affected." A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon approve the resolution as amended above. A Resolution Agreeing to Initiate a 90-Day Moratorium an Enforcing the County's Water Conservation Ordinance While Negotiating with the Tawn of Hillsborough and the Orange- Alamance Water System for a Modified Water Conservation -Lake Orange/Eno River Preservation Strategy WHEREAS, Orange County, in discharging its statutory responsibilities to protect and enhance the public health, safety and welfare of all the citizens of Orange County, does have a strong interest in assuring the availability of high quality sources of potable water: and WHEREAS, A significant number of citizens of Orange County are provided public water utility services by the Town of Hillsborough and the Orange-Alamance Water System; and WHEREAS, Orange County awns and operates Lake Orange, a water supply reservoir that serves as a primary water supply for the Town of Hillsborough and the Orange- Alamance Water System; and WHEREAS, Orange County coordinates the use of water supplies drawn from the Eno River under the provision of the Eno River Capacity Use Agreement; and WHEREAS, Orange County does have in effect a water conservation ordinance with specifies voluntary and mandatory water conservation measures applicable to the portion of the customer base of the Orange-Alamance Water System and the Town of Hillsborough residing within County jurisdiction, WHEREAS, Orange County does have an interest in making the most efficient and cost- effective use of limited resources; and WHEREAS, Orange County seeks to ensure that the demand for Eno River water supply generated by population growth and development can be reconciled with availability of the resource and the protection of the Lake Orange/Eno River environment in an intelligent, sustainable manner; and WHEREAS, Orange County does recognize that those conditions related to bath water supply and water use that led to the creation of both the Eno River Capacity Use Agreement and the County's water conservation ordinance have improved significantly; and WHEREAS, Orange County does recognize that the conflicts between the County's water conservation ordinance and the policies/ordinances of the Town of Hillsborough and the Orange-Alamance Water System represent a potential source of confusion for water customers of both system; and WHEREAS, Orange County conducts an ongoing dialogue with the Town of Hillsborough and the Orange-Alamance Water System about the extension of utilities to provide water utility service and fire protection for commercial enterprises, new and existing residential development, new schools and other essential public facilities; and WHEREAS, Orange County finds it desirable and necessary that all water utilities serving the citizens of the County and other interested parties have the opportunity to meet to discuss issues of mutual concern and benefit, including water supply resources; NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby resolve to: • Enact a moratorium on activating and enforcing the restrictions and prohibitions of the County water conservation ordinance for a period of up to 90 days (without formal extension of the moratorium by the BOCC); and • Participate in a series of discussions and strategy sessions with officials of the Town of Hillsborough and the Orange-Alamance Water System to develop potential new water conservation polices, procedures, agreements, ordinances, etc., that might coincide with the policies/ ordinances of Hillsborough and Orange-Alamance; and • Direct that any potential new water conservation polices, procedures, agreements, and ordinances, etc., that might be developed will provide for an enhanced level of protectiontpreservation of the Lake Orange/Eno River environment and also an enhanced level of protection/preservation for any groundwater resources that might be affected; and • Direct the Chair, Vice-Chair and appropriate County staff to represent the full Board in such discussions and strategy sessions and to bring back draft proposals, ordinances, etc., for Board approval. This is the 7th day of September, 2005 VOTE: UNANIMOUS 7. Special Presentations-NONE 8. Public Hearings-NONE 9. Items for Decision--Reaular Aaenda a. Bid Award: Southern Orange Senior Center The Board considered awarding a bid in the amount of $5,110,773 to Resolute Construction Company, Chapel Hill, NC for the construction of the Southern Orange Senior Center; and direct the budget staff to update the Debt Issuance Schedule to distribute available funding between the two senior center projects and present the information as part of the September 13, 2005 work session regarding capital projects; and authorize the Chair to sign, subject to staff and attorney review. John Link said that Commissioner Halkiotis and Commissioner Gordon led an advisory panel on this project. They believe that the plan incorporates what the advisory panel agreed ta. Purchasing and Central Services Director Pam Jones said that this building has been under design for over a year. The special use permit modification has been granted by the Town of Chapel Hill. The zoning compliance permit should be granted within the next few days. After that is the application for the building permit. They are anticipating some cost overruns because of the construction market. The bid amount considers some alternates because of the cost overruns. The contractor also came up with same value engineering items to save some on the bid. For example, instead of digging down, they are raising the building up. Also, there are revised interior lighting packages and a constant volume system for the HVAC. They are also on the lookout for grants and private funding. Commissioner Halkiotis was successful in getting a grant from Senator Dole for the kitchen in the amount of $230,000. The project total is right at $6 million. There is funding available for the entire senior center. Commissioner Halkiotis thanked Pam Jones far working with the contractor for doing the value engineering savings. He asked her to put all of this in a memo for the Board. Commissioner Gordon asked some clarifying questions that were answered by Pam Jones. Commissioner Halkiotis suggested that the architect put together new drawings in color about the changes so there will not be any surprises down the road. Pam Jones said that the building is as the Board approved it. The only difference is a smaller concrete plaza. Commissioner Halkiotis suggested that Chair Carey send another letter to Senator Dole's office highlighting the meeting between her field person, Reggie Holley, and Chair Carey and Commissioner Jacobs, and that he met with them at the NACo meeting, and that they would love to have her at the ribbon cutting ceremony on October 7t". Commissioner Jacobs asked about the $2 million from the 2001 bond plus the money from the alternate financing, which leaves them $2 million for the Central Orange Senior Center, which should be sufficient. Pam Jones said yes. Commissioner Jacobs said that if billions of dollars are going to be devoted to rebuilding New Orleans, it would put a tremendous strain on construction elsewhere in the country. He would like to think about projects such as the justice facilities and senior center and if they should be accelerated. He asked John Link and Pam Jones to report back to the Board and look creatively at their timetables. Commissioner Jacobs asked Jerry Passmore if the senior community has stated in the past that it raised money for the senior center and that they do not want to be asked to raise money again for a County facility. He asked if money will be raised so that the County can use it or so that the seniors control it. Jerry Passmore said that private monies would supplement county funds. The County is constructing the building and the private monies will help to furnish upgrades and additional amenities. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve awarding a bid in the amount of $5,110,773 to Resolute Construction Company, Chapel Hill, NC for the construction of the Southern Orange Senior Center; and direct the budget staff to update the Debt Issuance Schedule to distribute available funding between the two senior center projects and present the information as part of the September 13, 2005 work session regarding capital projects; and authorize the Chair to sign, subject to staff and attorney review. VOTE: UNANIMOUS b. Land Acquisition and Project Development: Animal Shelter The Board considered approving a contract for the purchase of a 5.5 acre parcel on Eubanks Road, Chapel Hill for $167,000 to be used as the future site of the Orange County Animal Shelter; and to authorize staff to move forward with a process to select a project architect; and approve the use of 213 net debt reduction bonds as the funding source; and authorize the Chair, County Attorney, Clerk, and staff as appropriate to sign documents that may be necessary to close on the sale. John Link said that they are asking the Board to approve the contract to purchase the 5.5-acre parcel on Eubanks Road to be used as a future site for the Orange County Animal Shelter. Staff has carefully examined this site. Pam Janes reviewed the criteria for the site. The approach is different in that they are asking for authorization to go ahead and select an architect. The special use permit process takes about 18 months and then the construction process will take another 12-18 months. This will be funded through the 2004 2l3 net debt reduction. Commissioner Jacobs suggested getting the Animal Services Advisory Board involved in the planning of this facility. He said that this location is a perfect opportunity to look at landfill gases as a passible source of energy. He asked if the shelter was working with animals from the hurricane disaster. Animal Services Director Bob Morotta said that they have initiated a process to identify foster homes for evacuated animals of families who are coming into the area. Anyone interested in providing a foster home, can call the animal shelter and ask far Sarah Fallon, who is coordinating the program. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a contract for the purchase of a 5.5-acre parcel on Eubanks Road, Chapel Hill far $167,000 to be used as the future site of the Orange County Animal Shelter; and to authorize staff to move forward with a process to select a project architect; and approve the use of 2/3 net debt reduction bonds as the funding source; and authorize the Chair, County Attorney, Clerk, and staff as appropriate to sign documents that may be necessary to close on the sale. VOTE: UNANIMOUS d. Report on Cable Television Franchise Ordinance Negotiations The Board received a report on the outcome of facilitated negotiations with Time Warner Cable (TWC) for renewal of the cable television franchise in unincorporated Orange County and provided feedback and direction to the Cable Advisory Committee and staff. John Link commended Gwen Harvey, Michael Patrick and Andy Sachs for being tenacious with this agreement. Assistant County Manager Gwen Harvey thanked Michael Patrick and she recognized Brad Phillips from Time Warner, Chad Johnston from The People's Channel, and Andy Sachs from the Dispute Settlement Center. Michael Patrick, Chair of the Cable Advisory Committee, said that they have worked out a workable new cable franchise agreement with Time Warner. This has been nine years in the making. They worked out the final details of the agreement a week ago. One issue has been the extension policy and Time Warner has agreed to extend cable service into areas having 18 homes per mile density. The majority of the negotiations were related to public education/governmental access channel questions. They wanted to make sure the County had the ability to broadcast live and Time Warner agreed to allow Orange County to have its own PEG access channel on a digital tier, above channel 72. The agreement would require Time Warner, upon request of a citizen, to provide these digital cable boxes free of charge. This requires a fair amount of expenditure and infrastructure of about $200,000. Time Warner agreed to equip the F. Gordon Battle Courtroom and the Southern Human Services Center with robotic cameras to have a live broadcast. This would be another $90,000+. He thinks this is a workable agreement, and if it is adopted it would take about 8-9 months to get the equipment set up. Commissioner Halkiotis said that he attended the last session and it is in Time Warner's best interest to try and get more customers. This makes business sense for Time Warner. He thinks that this is finally coming to an end after about 20 years. He commended Michael Patrick, Assistant County Manager Gwen Harvey, Andy Sachs, and Brad Phillips. Commissioner Jacobs asked about the equipment and if The People's Channel were a part of the decision making process. Michael Patrick said there was a consultant in the process and he came up with a list that needs to be tweaked, and he thinks that they will be talking with TPC to work out details. Commissioner Jacobs asked about the courtroom and the $90,000 to get it ready and if the justice facilities expansion designates a different space for the County Commissioners to meet in. Assistant County Manager Gwen Harvey said that she and Pam Jones have discussed this and they have time to work on this issue. Commissioner Jacobs made reference to exhibit B and asked why the Northern Human Services Center was not on there. Gwen Harvey will check into this. Commissioner Gordon asked Gwen Harvey to check on how Carrboro fits into getting the broadcast of Board of County Commissioners' meetings and also to report on the services in the schools. The Board agreed to extend the meeting to address items 9-c and 10-a. c. Agreement Between Health Department and Chapel Hill-Carrboro City Schools for Behavioral Counseling Services The Board considered approving cone-time agreement to provide behavioral health counseling services to Chapel Hill-Carrboro City Schools (CHCCS), for this year only, subject to final review by staff and the County Attorney, and authorizing the Chair to sign. Health Director Rosemary Summers said that this was a contract that they were approached by the CHCCS to extend behavioral counseling services to the middle schools. The funding is coming from the Safe Schools money from the State. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve cone-time agreement to provide behavioral health counseling services to Chapel Hill- Carrboro City Schools (CHCCS}, for this year only, subject to final review by staff and the County Attorney, and authorize the Chair to sign. VOTE: UNANIMOUS 10. Reports a. Update on Planned Acquisition of Triangle SportsPlex Property The Board reviewed progress related to several aspects of the planned acquisition of the Triangle SportsPlex property; and provide feedback to the Manager, Attorney, and staff; and approve an extension to the due diligence period to October 5, 2005 and a related amendment to the existing purchase agreement, subject to final review by staff and the County Attorney. Rod Visser reported that the activities related to the acquisition and the due diligence are moving forward positively. The "free look" period has been extended from September 12t" to October 5t" to allow Blackman and Sloop to pursue the audit. Commissioner Gordon asked for the reports in writing. The staff will provide these on September 20t" A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve an extension to the due diligence period to October 5, 2005 and a related amendment to the existing purchase agreement, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS d. Appointments ALL APPOINTMENTS WERE DEFERRED (1 } Arts Commission -New Appointments The Board was to consider making new appointments to the Arts Commission. A motion was made by seconded by to appoint to the (2} Advisory Board on Aging -Two New Appointments The Board was to consider making new appointments to the Advisory Board on Aging. (3} Economic Development Commission (EDC) -One New Appointment The Board was to consider making one appointment to the Economic Development Commission. (4) Historic Preservation Commission -One New Appointment The Board was to consider making one reappointment to the Historic Preservation Commission. (5) Recreation and Parks Advisory Council (RPAC}-New Appointments The Board was to consider making new appointments to the Recreation and Parks Advisory Council. (6} Transfer of Development Rights Taskforce -New Appointments The Board was to consider making new appointments to the Transfer of Development Rights Taskforce. (7) Carrboro NTA Advisory Board -One New Appointment The Board was to consider making one new appointment to the Carrbora NTA Advisory Board. (8) Orange County Planning Board -Two New Appointments The Board was to consider making new appointments to the Orange County Planning Board. b. Update on Orange County Schools Facility Use The Board was to receive an update related to County and public use of Orange County Schools facilities. 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn at 10:40 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna 5. Baker Clerk to the Board