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HomeMy WebLinkAboutMinutes - 20060209APPROVED 511 612 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 9, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, February 9, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen Halkiotis 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 Jacobs asked that a moment of silence be observed for Allen Lloyd, who died recently and served for 32 years on the Hillsborough Town Board and was the keeper of the Hillsborough clock far many years. He is being honored later in this meeting for his conservation efforts on Occoneechee Mountain. Chair Jacobs also asked for a moment of silence for Bob Brown, husband of former Commissioner Margaret Brown, who also died recently. Chair Jacobs reviewed the information at the County Commissioners' places. Item 5-m has been pulled off the agenda. Items 5-n and 9-b have been added. There was a revised item 5-f (blue} regarding a change in the work schedule. There was a revised item 6-d (pink}, which is acknowledging the Women's Center of Orange County. There was also same additional information for item 8-a. Commissioner Gordon pointed out that item 6-c was pulled off. The Board agreed to add item 5-n. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Tam Boney, Jr., Publisher of The Alamance News, said that he wanted to raise with the Board their very strong concern, which was also raised in a letter provided to each County Commissioner, with regard to two meetings held last week. One was a meeting with the Chair, Vice-Chair, and members of County staff with two Alamance County Commissioners and Alamance County staff. He came to be the guest at the meeting and when their reporter arrived for the meeting, he was turned away. He said that this meeting should have been an open meeting and there seemed to be some finger pointing as to which delegation was responsible far turning the reporter away. He said that he appreciated the comments from the Orange County Attorney, but his view is that when you have two members of the Board of County Commissioners, in particular the Chair and the Vice-Chair, they are acting as a committee of the whole Board and become a public body, subject to the same requirements of the open meetings law. After this meeting, they became aware of another meeting the night before with two members of the Orange County Board of Commissioners, two members of the Orange County School Board, and two members of the Mebane City Council. He wanted to urge the Board to look at Geof Gledhill's letter and he said that even if they do not accept his interpretation of the County Attorney's letter, it seems to him that the better part of public policy is to hold such meetings in the open. Chair Jacobs said that he appreciates Mr. Boney's concerns and they just received the letter from the Attorney tonight, and they will review the letter and will be forthcoming as much as possible with regard to the meeting documents. He said that they have not pointed fingers at anybody. Commissioner Halkiotis said that he has been an elected official for over 20 years and they have never violated the open meetings law during that time. He said that the County Attorney has spoken very clearly to this, and he is going by what the Attorney said that they have not violated the open meetings law. He begged to differ with Mr. Boney. Tom Boney said that the key issue seems to be who establishes who appoints a committee. The open meetings law deals with just the existence of a committee and does not state how it got to be a committee. His view is that when the Chair and the Vice-Chair get together, the Chair has de facto appointed himself and the Vice-Chair to be an ad hoc committee for that purpose. Chair Jacobs said that the Orange County Attorney and the Alamance County Attorney were both at the meeting and they both said that they were in accord with the open meetings law. He said that they would communicate mare fully with Mr. Boney when they have had a chance to review the letter in more detail. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Carey said that County Manager John Link has made public his plan to retire in August. He wished John Link well and said that he is sad to see him go. He said that they appreciate Ginger Link for sharing her husband with them. Commissioner Carey said that the OPC Mental Health agency is incurring a lot of financial and organizational stress because of transitions that have been required by the State. He said that the OPC Board is trying to do all it can and they have scheduled a meeting to talk with people in Raleigh about this situation. Their first and foremost priority is to trying to protect services that the mental health clients are receiving. Commissioner Foushee added her sentiments regarding John Link's retirement. Commissioner Foushee commended the Human Rights Commission and the Human Rights and Relations Department for the kickoff event for Human Relations Month last week. She said that it is important to accept and celebrate diversity in Orange County, but also to remain sensitive to the differences that the diversities mean. She said that the presentation given really expressed the sentiment of some of the Latino residents. She also hopes that if the presentation was videotaped, that the recording would be made available. She also pointed out that February is Black History Month and the Town of Chapel Hill has an exhibit that includes pictures from Orange County Training School for Negroes and other segments of life for African Americans in Chapel Hill from the 50's to the present. Commissioner Halkiotis thanked the Chair for highlighting the two citizens from Orange County who have passed away recently. He said that Allen Lloyd was a special person. He said that he thought he knew Robert Brawn but he did not know that he flew on 133 missions during the Korean War. He said that these people are going to be terribly missed and they were people willing to stand up and make a statement for something positive. Commissioner Halkiotis said that he and his family's wish for John Link is for good health for the remainder of their lives. He was on the interview team with Commissioner Carey 18 years ago when John Link was hired. He said that he has met a lot of managers and CEO's over the years, and Jahn Link has had the greatest integrity. Commissioner Gordon added her thanks to John Link for his commitment to Orange County and she thanked Ginger Link. She also shared thoughts about Allen Lloyd and Robert Brown. Commissioner Gordon echoed what Commissioner Foushee said about the kickoff event for Human Rights and Relations Month. She said that it was very moving and stirring. Commissioner Gordan said that the Master Aging Plan Steering committee met on February 2°d and they shared information on the status of the various committees and the overall status of the project. The next meeting will be in March. Commissioner Gordon said that TTA submitted its new application in October and in December they learned disquieting news that the project would get a low rating and would not be including in the President's budget. The other piece is that when TTA officials went to Washington, DC to start their talks with FTA about the submission, FTA ensured TTA that they would work with them. TTA staff believes that there still is a chance to get the federal money. She said that North Carolina is a donor state, which means that it sends mare money to Washington than it gets back in transportation dollars. The TTA Board and staff will be looking at alternatives in case the project funding does not come through. TTA will also continue to work with the legislative delegation. If the project is not funded by September 30, 20Q6, then they will be out of the current loop for federal funding and they will have to do something else at least in the short term. She thinks that the TTA Board believes that this is still an important project for the region, whether the federal government funds it or not. Commissioner Gordon said that the Homestead Road project is moving forward to right- of-way acquisition and they have been told by NCDOT that they are working on this. If the rights-of-way are secured in February, then they will go out to bids in April and construct in May. The full funding is in place. Commissioner Gordon said that at the most recent Transportation Advisory Committee meeting, they sent in a request for the staff to look at a long-range master transit plan. They also approved the Old Durham-Chapel Hill Bike/Pedestrian Feasibility Study. Chair Jacobs said that OCS invited representatives from Mebane and Orange County to meet to share concerns about how growth from Mebane was affecting schools. There was also a meeting with some representatives from Alamance County and they discussed a number of issues. There will be a full written report of this meeting and they will forward it to anyone who is interested. They talked about the possibility of using landfill space together and the Alamance County representatives said that they were not interested in having partners in their landfill operation. They talked about trying to resolve the property line dispute that has been going on since 1849 between Alamance County and Orange County. He thinks that they reached some positive, tentative agreement that they would proceed to try and resolve this. They also discussed some of the common transportation interests and common agricultural interests. He said that it was a positive meeting. Chair Jacobs said that he and Commissioner Halkiotis attended the initial meeting of the Central Orange Senior Center Planning Committee. The next meeting is February 21 ~. Chair Jacobs said that he and Commissioner Halkiotis also met with representatives of the CHCCS and representatives of the University, who gave them some information about the passibility of developing an elementary school with the University -Frank Porter Graham Child Development Institute - on some property that the University awns south of Seawell School Road. The concept is to have a school that takes children from age 3 through 2~d grade, and then would feed them into Seawell for grades 3 through 5. This will have some ramifications on school capacity. He said that he and Commissioner Halkiotis brought up the notion that it might be passible to include OCS in this process. He said that Superintendent Carraway did get a call from the University people. Chair Jacobs said that there was also the first meeting of the Strategic Growth Plan meeting with Hillsborough and Orange County. They will meet again in a couple of weeks and there was a lot of enthusiasm. Chair Jacobs agreed with others that the kickoff event far Human Relations Month was one of which the Board and staff should be proud. Chair Jacobs announced that the Agricultural Summit is on February 14`" from 9:00 a.m. - 2:00 p.m. They will try and talk about various alternatives in agriculture. Chair Jacobs made reference to the letter at their places from Chancellor Maeser to him and Carrboro Mayor Mark Chilton about the Carolina North Committee. He has refrained from bringing it up to the Board until today because he arranged lunch with the Mayors of Hillsborough, Chapel Hill, and Carrboro and they discussed Carolina North. He recommends waiting until Chapel Hill and Carrboro decide at what level that they wish to participate before the Board decides to be involved. Chair Jacobs said that Human Rights and Relations Director Milan Pham sent an email to a number of people about the White House proposed cut list. The programs that are being cut are those that the Bush Administration considers, "results not demonstrated or not performing." He read from the list. Commissioner Halkiotis said that they also want to get rid of the Social Security Death Benefit. 4. County Manager's Report John Link expressed to Evelyn Lloyd his condolences at the loss of her father. Jahn Link said that on occasion, he did talk with Robert Brawn when Commissioner Brown was Chair. He said that Mr. Brown had a great sense of humor and he always enjoyed talking with him. John Link read into the minutes his retirement letter. February 6, 2006 Barry Jacobs, Board Chair Steve Halkiotis, Board Vice-Chair Moses Carey, County Commissioner Alice Gordon, County Commissioner Valerie Foushee, County Commissioner Re: Retirement From My Position As Orange County Manager Dear Commissioners: Effective August 31, 2006, I will retire through the North Carolina Local Government Retirement System from my position as County Manager of Orange County. I am extremely grateful to the present and preceding County Commissioners for the opportunity to serve Orange County citizens for the past 18 years. I have been most fortunate to have a very supportive Board of Commissioners during my entire term -Board that has consistently focused on addressing issues that improve the life of our citizens. It has truly been an honor to serve with one of the professional, dedicated, and hard-working groups of local government employees; the 800 plus staff members of Orange County. I leave with a strong sense of fulfillment and achievement to have participated in building the organization of Orange County government. I feel grateful to have participated in the process that has made Orange County one of the most respected local governments in North Carolina far fiscal integrity, innovation, and compassionate delivery of services to our citizens. Yet, I must admit that, after 38 years of service, I look forward to spending mare evenings together with my wife, Ginger. He added: t must say publicly That /appreciate her support, patience, and her fortitude for all of those nights that !have been an County business, and during those years when the kids were growing up. That's why she wasn't here many times at the County Commissioners' meetings. She was at home taking care of our children. There was no way !could have had any success in my career without Ginger. Ta the Board of Commissioners, all staff and citizens, I extend my heartiest best wishes for the best that our collective futures may bring for Orange County. I shall continue to dedicate my efforts to effective government during the next six months and will be mast responsive to any Board request that will facilitate a successful transition. With my deepest thanks and warmest regards, John M. Link, Jr. County Manager He said that they do not plan to move from Orange County. Chair Jacobs said that on behalf of this Board of County Commissioners and past Boards of County Commissioners, and on behalf of the staff and the citizens of Orange County he would like everyone to stand and applaud John Link. 5. Items for Decision--Consent Aaenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve those items an the consent agenda as stated below. a. Minutes -None b. Appointments -None c. Advertisement of Tax Liens on Real Property The Board received a report on the amount of unpaid taxes far the current year that are liens on real property as required by North Carolina General Statute 105-369 and approved March 15, 2006 as the date for the tax lien advertisement. d. Budaet Amendment #9 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2005-06 for Department of Social Services, Department an Aging, Miscellaneous, Library Services, and Emergency Management. e. Approval of 2005 Jury Commission Compensation The Board approved the amount of compensation to be paid to the 2005 Jury Commission at $6,000 for each of the three Jury Commissioners. f. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by: - adding a closed session on Thursday, February 23, 2006 at 6:00 p.m. at the Government Services Center {prior to the 7:30 p.m. joint meeting with the Town of Hillsborough at GSC) for the purpose of: "to consider the qualifications, competence, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" NCGS 143-318.11(a)(6}; - changing the date of the County Attorney's annual evaluation from April 20, 2006 to Monday, May 22, 2006 at 5:30 p.m. at the Government Services Center in Hillsborough, N. C. (Prior to the 7:30 p.m. Quarterly Public Hearing at F. Gordon Battle Courtroom in Hillsborough, North Carolina}; - and adding a joint dinner meeting with the Affordable Housing Advisory Board on Thursday, April 20, 2006 at 5:30 p.m. at the Government Services Center {Prior to the 7:30 p.m. BOCC Work Session at Government Services Center}. g, Town of Hillsborough Request for Cates Creek Outfall Sewer Easement Across County Property The Board approved granting the easement in principal; and directed staff to work with the Town to develop easement agreement language that protects the County's interests in preserving and/ar repairing existing infrastructure and minimize disruptions to the operation of the County's tenant; and authorized the Chair to execute the easement when it has adequately addressed the County's interest. h. BOCC Contribution for the Orange County Jazz Festival The Board approved providing financial assistance for the Department's third annual "Cool Jazz" Festival held at River Park in Hillsborough. i. Lease Extension for High`~7ay 57 Solid ~~~'aste Con~~enience Center The Board approved a bi-monthly (renewable 2-month terms} lease for property that is the current site of the solid waste convenience center on Highway 57 pursuant to the terms and conditions cited herein; and authorized the Chair to sign. j. Lease Extension for Senior Center at the Galleria This item was removed and placed at the end of the consent agenda for separate consideration. k. Legal Advertisement for Joint Quarterly Public Hearing -February 27, 2006 The Board approved the legal advertisement {attachment 1}for items to be presented at the Joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 27, 2006. I. Resolution of Support for Town of Hillsborough Crosswalk Improvements The Board approved a resolution supporting the Tawn of Hillsborough's plans to pursue improvements to various Department of Transportation and Tawn maintained crosswalks and authorized the Chair to sign. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION OF SUPPORT FOR VARIOUS TOWN OF HILLSBOROUGH CROSSWALK IMPROVEMENTS WHEREAS, the Orange County Board of Commissioners shares the views of the Hillsborough Board of Commissioners regarding the importance of safe pedestrian pathways in promoting the County seat of Hillsborough as a sustainable walkable community; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners does hereby support initiatives of the Hillsborough Board of Commissioners to pursue the construction of crosswalks in locations noted in the Town Board's own resolution of December 12. 2005. This, the 9th day of February, 2006. m. Authorization to Bid Sewer Project-off the table The Board was to consider authorizing staff to proceed with bidding the portion of the Efland Sewer Project that includes the new Gravelly Middle School. REMOVED FROM AGENDA n. Establishment of Public Hearing for Debt Issuance This item was removed and placed at the end of the consent agenda far separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED CONSENT AGENDA: L Lease Extension for Senior Center at the Galleria The Board considered extending/renewing a lease for space at the Galleria, the current site of the Chapel Hill Senior Center, through December 31, 2006 and authorizing the Chair to sign. Commissioner Gordon said that she removed this to just highlight that the lease is going to be extended through December 2006. She thinks that there was some anxiety that the lease was going to run out in June. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve a lease extension/renewal for July 1, 2006 through December 31, 2006 at the rate quoted; and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS Chair Jacobs said that there would be a sign posted at the Galleria so that there will be no doubt that the lease has been extended. n. Establishment of Public Hearing for Debt Issuance The Board considered scheduling a public hearing required by the North Carolina Local Government Commission for the issuance of Orange County debt, in accordance with the approved debt issuance schedule. Commissioner Gordon said that she emailed to the staff some additional language. Finance Director Ken Chavious said that the language would be added before the official publication. The request for tonight is just to establish the date of the public hearing. Commissioner Gordan said that she wanted to make sure that the fiscal impact statement states that the payments for the debt service fall within the County's estimated debt capacity, which strives to maintain total debt service payments at an amount not to exceed 15°~ of the annual general fund expenditures. Ken Chavious said that it would be a good idea to add this language. A motion was made by Commissioner Gordan, seconded by Chair Jacobs to establish March 2, 2006 as the date of the public hearing and authorize the Clerk to publish the public hearing notice, with the understanding that the final text will come back to the Board of County Commissioners with the added language. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution Honoring Allen Lloyd and Evelyn Lloyd The Board considered recognizing Allen Lloyd and Evelyn Lloyd for their role in protecting a highly important natural area on Occoneechee Mountain. Land Conservation Manager Rich Shaw said that Occoneechee Mountain is one of the most important landmarks of Hillsborough and all of Orange County. The summit of the mountain is the highest point in the Triangle region at 867 feet above sea level. It also has unusual plants and animals, which make it one of the most important natural areas in the Triangle region. Efforts to protect the mountain began in the early 1960's, when concerned citizens thought that some mining and forestry activities would cause irreparable damage to the mountain. Allen Lloyd and his wife Pauline Lloyd purchased 66 acres located adjacent to the western summit of Occoneechee Mountain. Their actions were followed by other efforts to protect critical sections of the mountain - 28 acres by the Town of Hillsborough, 96 acres by the State of North Carolina, and 14 acres by the Eno River Association. For over 40 years the Lloyds protected their land and resisted many offers to sell it so that it would remain undeveloped. He said that this past December, Allen Lloyd and his daughter Evelyn Lloyd sold their land to the Eno River Association for its eventual conveyance to the State of North Carolina to become an addition to the Occoneechee Mountain State Natural Area. He said that he was saddened at the passing of Allen Lloyd. He read the resolution. RESOLUTION HONORING ALLEN AND EVELYN LLOYD For Their Protection of Occoneechee Mountain WHEREAS, Occoneechee Mountain is one of the most important landmarks in Orange County - with its summit rising 350 feet above Hillsborough and the Eno River, the 867-foot summit is the highest point in the Triangle Region; and WHEREAS, Occoneechee Mountain has long been respected and enjoyed by generations of Native Americans and more recent settlers and residents of Orange County; and WHEREAS, Occoneechee Mountain's unusual assemblage of plants and animals makes it one of the most important natural areas in the Triangle Region; and WHEREAS, despite the proximity of a burgeoning population, a railroad, and an interstate highway, most of Occoneechee Mountain has remained wild and undeveloped over the 250- year history of Orange County; and WHEREAS, protection of Occoneechee Mountain began over 40 years ago through the far- sighted efforts of Allen and Pauline Lloyd who, in the early 1960s, purchased 66 acres located adjacent the Eno River and the mountain summit; and WHEREAS, the Lloyd's actions led to the donation of 28 acres on Occoneechee Mountain by Cone Mills to the Town of Hillsborough, the donation of 14 acres by Elizabeth Matheson to the Ena River Association, and the sale of 96 acres to the State of North Carolina; and WHEREAS, in 1999, the State of North Carolina, with assistance from The Nature Conservancy and the Eno River Association, established the Occoneechee Mountain State Natural Area for the long-term protection and public use of the site; and WHEREAS, for aver 40 years the Lloyds owned and protected one of mare ecologically significant sections of the mountain, including the fabled Panther's Den, and over that period, the Lloyds resisted many offers to sell their land so that it would remain undeveloped; and WHEREAS, this past December, Allen and Evelyn Lloyd sold their 66 acres to the Eno River Association so that it would become permanently protected as part of the Occoneechee Mountain State Natural Area; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby thank the late Allen Lloyd for his foresight and early leadership in the protection Occoneechee Mountain, without which it is highly uncertain whether there would be an Occoneechee Mountain natural area. BE IT FURTHER RESOLVED that the Board recognizes and thanks Allen and Evelyn Lloyd for the recent sale of their 66 acres to the Eno River Association for its eventual conveyance to the State of North Carolina for an addition to Occoneechee Mountain State Natural Area. This the 9th day of February, 2006. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve recognizing Allen Lloyd and Evelyn Lloyd for their role in protecting a highly important natural area on Occoneechee Mountain. VOTE: UNANIMOUS Evelyn Lloyd thanked them for this resolution. She said that it is her father that should be thanked. She said that Robin Jacobs, President of the Eno River Association, visited him in the hospital and he knew that the land was going into goad hands. She said that she hopes that the land will be protected forever because that was one of her father's last wishes. b. Resolution of Appreciation -Trish and Lee Rafalow The Board considered a resolution of appreciation to Lee and Trish Rafalow for their financial gift to the County's Lands Legacy Program and authorizing the Chair to sign. Environment and Resource Conservation Director Dave Stancil said that Trish Rafalow is a physician and is on call tonight. She expressed her regrets for not being able to be present. He said that these two citizens have given a financial gift for the Lands Legacy Program and also followed it up with letters to the editor in all of the newspapers to raise awareness. There have been a number of phone calls since that time. He read the resolution. RESOLUTION OF APPRECIATION TO TRISH AND LEE RAFALOW WHEREAS, the success of Orange County's Lands Legacy Program is due in large measure to the environmental ethic and conservation interests of many Orange County citizens, and WHEREAS, the Lands Legacy Program has protected 1,600 acres of critical natural and cultural resource lands since its first Action Plan was adopted in 2001, and WHEREAS, Lee and Trish Rafalow, as longtime residents of Orange County, have given of their time and energy in conservation and planning efforts in the County for many years, serving on advisory boards and other planning groups, and WHEREAS, Trish and Lee Rafalow made a generous contribution in December 2005 to the Lands Legacy Program, to enable the acquisition of additional resource lands, and wrote letters to the editors of local newspapers encouraging other citizens to support Lands Legacy as well; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners thanks Lee and Trish Rafalow far their generous donation to the Lands Legacy Program, as well as for their many years of service in conservation and planning matters. BE IT FURTHER RESOLVED that the Board also thanks the Rafalows for following up their donation with letters to the editor of local newspapers encouraging other citizens to contribute to the program, which has already generated additional interest in donations to help fund Lands Legacy acquisitions. This the 9th day of February, 2006. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve a resolution of appreciation to Lee and Trish Rafalow for their financial gift to the County's Lands Legacy Program and authorize the Chair to sign. UOTE: UNANIMOUS Commissioner Gordon commended the Rafalows and pointed out that Lee Rafalow was one of the original members of the Commission for the Environment. c. Resolution for Proposed Alternative Debt Financing of Various School and County Capital Protects This item was pulled off of the agenda. d. Resolution Acknowledging The Women's Center for its Role in the IDA Program The Board considered acknowledging The Women's Center for its work administering the Individual Development Account (IDA} program with Orange County and authorizing the Chair to sign. Milan Pham introduced Cutler Andrews, Chair of the Commission for Women's Advocacy Subcommittee. Cutler Andrews thanked the Board of County Commissioners for all of their support for HRR and the Commission far Women, and he thanked Commissioner Foushee for all of her support. He also thanked the Women's Center for all of their help through the IDA program. He said that housing is so important and having this service is so valuable. He read the resolution. Resolution Acknowledging The 1Nomen's Center of Orange County for Assisting 1Nomen and Children to Improve Their Standard of Living by Asset Management and V1lealth Building through the Individual Development Account {IDA) Program Whereas, discrimination, economic injustice and limited opportunity continue to present real barriers to women's full and equal participation in the United States throughout every stage of women's lives; and Whereas, in keeping with the goals of the Orange County Commission far Women, Orange County is committed to improving the quality of life of women and children in the County and eliminating barriers which prevent equality for all women without regard to race, color, national origin, age, disability, sexual orientation, familial status or source of income; and Whereas, North Carolina ranks 40t" amongst states for women's median annual earnings, 39th among states far women living above the poverty level, and 56 percent of working poor families are headed by women; and Whereas, in Orange County 6.2 percent of families live in poverty, 17.6 percent of these families are headed by women and 38 percent of female headed households with children under the age of five live in poverty; and Whereas, the effects of asset building for women and their families include increased economic sufficiency, family and household stability, mental health and physical well being, and civic and community involvement; and Whereas, IDA programs increase homeownership rates and research reveals that homeownership is linked to increased educational attainment for children and decreased rates of intergenerational poverty; and Whereas, Orange County continues to actively identify and pursue programs that improve the economic, educational, and institutional equality for women and their families; Now, Therefore Be It Resolved, that the Board of County Commissioners officially acknowledges the Women's Center of Orange County far its work to improve the status of women and children in the County through its efforts to build women's financial skills and gain long-term financial assets, empowering them to move their families to economic sufficiency and stability. This the 9t" day of February 2006. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to acknowledge The Women's Center far its work administering the Individual Development Account (IDA) program with Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Ann Gerhart, Executive Director of the Women's Center, thanked Orange County for its partnership in the IDA program. She said that the program is in its second cycle and they hope to build a dream for 20 families to achieve homeownership. 7. Special Presentations a. Community Development Block Grant Award -IDA Program The Board considered approving the execution of the Grant Agreement; Funding Approval Form; Signatory Form and Certification cards; and Resolution for the FY 2005 Community Development Block Grant Award giving signatory authority to the Chair of the Board of County Commissioners. Housing and Community Development Director Tara Fikes said that this is a request far the Board to formally accept the IDA grant recently received from the Department of Commerce in the amount of $50,000. This is the second grant they have received, and funds from this grant will be used to match first-time homebuyer participant savings for a down payment toward the purchase of a home. The savings will be matched at a ratio of 2:1 with $1,000 coming from the CDBG funding and the other $1,000 coming from local funds. Commissioner Halkiotis asked how long Tara Fikes had been with Orange County and she said 22 years. He said that he asked Tara Fikes last week about the total amount of money that she and Orange County have been successful in getting over those 22 years and she told him that it was over $5 million. He said that her tireless work with other housing agencies and countless other people, this County has one of the most aggressive staff and citizens that are fighting for affordable housing. A motion was made by Commissioner Halkiatis, seconded by Commissioner Foushee to approve the execution of the Grant Agreement; Funding Approval Form; Signatory Form and Certification cards; and Resolution for the FY 2005 Community Development Block Grant Award giving signatory authority to the Chair of the Board of County Commissioners. VOTE: UNANIMOUS b. NC Helping Neighbors Fund Distribution: Katrina Relief in Orange County The Governor's Office has announced the distribution of $4,756 to Orange County based upon their FEMA registrations (evacuees) following Hurricane Katrina. These funds consist of private donations and charitable giving into the NC Helping Neighbors Fund. The Board considered fund distribution far Katrina evacuees residing in Orange County. Gwen Harvey said that Social Services is the lead agency. She said that NC Helping Neighbors is charitable giving through the office of the Governor. Social Services Director Nancy Coston said that the County Commissioners have a draft plan in their packets and Orange Congregations in Mission, the Inter-Faith Council, and the Red Cross have been working with DSS. She said that they have already helped these people with other resources. These are additional funds to be used for needs that have still not been met. She said that they would publicize that funds are available. The amount has gone up to $7,424 and could go up again. Chair Jacobs pointed out that Orange County is 10t" in the state for the number of Katrina evacuees who have registered with FEMA. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the distribution plan for NC Helping Neighbors Funds for Katrina evacuees residing in Orange County, with the understanding that more funds might be available at a later time. VOTE: UNANIMOUS 8. Public Hearings a. Orange County Consolidated Housing Plan Update The Board received comments from the public regarding the housing and non-housing needs to be included in the Annual Update of the 2005-2009 Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2006-2007 HOME funds. Tara Fikes said that the purpose of this public hearing is to receive comments from the public regarding the housing and non-housing needs in the 2005-2009 Consolidated Housing Plan and also the potential use of an estimated $665,560 in HOME dollars they expect to receive in the year 2006-2007. Regarding the Consolidated Housing Plan, the County completed the plan last year and submitted it to HUD in May 2005, who approved it. This document guides the housing strategy for the next five years as it relates to the use of federal funds. She made reference to page 9 of the abstract, which is an outline of the goals included in the strategic plan. She reviewed the goals. She pointed out page 5 at the very bottom, and that it should read that there are 1,300 people an the waiting list for Section 8 housing as of today. Also, at the top of page 6, the number of families on the waiting list for public housing should be 220 families. She highlighted the eligible uses of HOME funds: property acquisition, new construction, housing rehabilitation, and rental assistance. PUBLIC COMMENT: Delores Bailey, Executive Director of Empowerment, Inc., thanked the Board of County Commissioners and Tara Fikes for helping them address affordable housing. She is representing five non-profits -Affordable Rentals, Inc., Orange Community Housing Land Trust, Chrysalis Foundation, Habitat for Humanity, and Empowerment. She introduced the representatives of all of these groups. She said that together they own 58 affordable rental units throughout Orange County, but everyday operations of these units is unsustainable and a detriment to how they are handling the properties individually. They are proposing, collectively, to provide a single non-profit affordable rental property management service available to all non- profit housing groups in this region. The position would be managed by Empowerment, Inc., with comments and queries from other non-profit directors. Tonight they are requesting funds for this group for salary for the property management position. They are requesting $13,500 from Orange County and the Town of Chapel Hill individually and $6,800 from the Town of Carrboro. Each non-profit will then pay $50 per unit per month into a reserve account, which will support the maintenance of these units. She said that they have decided that they can do better collectively what they are trying to do individually. Nancy Milo said that Delores Bailey spoke for all of them. She said that they are asking the County to fill in the gap that they cannot quite meet for property management. They think this is innovative and that it will work. Chair Jacobs said that these are people who have worked on the Affordable Housing Task Farce, which led to the creation of the Affordable Housing Advisory Board. Robert Dowling from Orange Community Housing and Land Trust said that he has looked at the consolidated plan. He said that he is aware of several projects in the pipeline in Orange County. He said that there are at least 100 units coming to the Land Trust and it is wonderful to have these, but what is missing is the rental piece. He thinks the proposal that Delores Bailey outlined is very sound and makes a lot of good sense. He said that the Land Trust is in pretty good financial shape and he does not anticipate asking for an increase this year. However, they may need more money for the Waterstone development. The developer has given them free land and $5,000 per unit. They will be asking far another $5,000 per unit from the HOME funds. They have also requested and received $15,000 of HOME money in the past for operating expenses, and they will be asking for that again. Chair Jacobs said that the public hearing would be kept open until they meet again in Chapel Hill on February 21St Chair Jacobs encouraged the non-profits to also solicit Hillsborough's contribution. He also suggested including on page 5 the average house price outside of the Chapel Hill area. Chair Jacobs mentioned that there is a 6°~ reduction in funding for HOME appropriations from the White House. Tara Fikes said that they are accepting applications for the use of HOME funds during the month of February. The application is available on the websites of Orange County and the Town of Chapel Hill. Commissioner Carey asked about the timeframe of their proposed request for funds for the property management position. Chair Jacobs suggested plugging this into the budget cycle and putting it on the list of priorities. Delores Bailey said that they were hoping to have it in this year's budget cycle. 9. Items for Decision--Regular Agenda a. Voluntary Agricultural District Designation: Ranells-Bergmann Property The Board considered an application from Noah Ranells and Ben Bergmann for certification as qualifying farmland within the Cane CreeklBuckhorn Voluntary Agricultural District. Dave Stancil said that aver 2,Q00 acres are enrolled in this program. One of the biggest challenges over the last several years has been the original rule that provided for an 80-acre minimum lot size. This item is the first to come in under the new rules adopted last year that allow smaller farms to be designated. This is a property of 61 acres located in Bingham Township on Buckhorn Road. It is known as Fickle Creek Farm. This would also be the first farm to qualify in the Cane CreeklBuckhorn Agricultural District. The process far approval involves review by the Agricultural Preservation Board and assessments by the Tax Assessor's office and the natural resource conservation service. The Agricultural Preservation Board considered this at the meeting on January 12t" and recommended the designation of Fickle Creek Farm as certifed qualifying farmland and recommends that it be placed in the Cane CreeklBuckhorn Voluntary Agricultural District. The Board's action would formally place this in the voluntary agricultural district program, which would give the program 2,10Q acres. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to certify Fickle Creek Farm as qualifying farmland and designate it as part of the Cane CreeklBuckhorn Voluntary Agricultural District. VOTE: UNANIMOUS b. Discussion Regarding Inclusion of School Merger Option in School Eguity Considerations Chair Jacobs said that this is an outgrowth of the retreat discussions. The County Commissioners will be discussing school equity issues on February 16t", and they should decide whether or not and how much time to devote to this matter at the work session. He distributed the homework assignment discussed at the retreat, and they also sent this information to the chairs of the school boards, asking them the same questions that the Board answered: What is your definition of equity? What school program aspects would you be most interested in having funded outside of the per pupil allocation for school current expense? And an additional question for the OCS, Do you want more funding? If so, how do you see that coming about? Commissioner Carey said that he had asked the Board to consider this and his position has been clear. He said that they could decide whatever they wish and whether merger needs to be discussed as an element of the equity formula. He said that, regardless of what the Board does, merger would continue to be an element of public discussion related to the equity issue. He hopes that the Board continues to keep it as a possible option or as an element of the equity discussion in terms of school funding. He said that he understands that the Board may not want to continue the discussion of merger, but he does want to. Chair Jacobs said that people may continue to discuss this issue, especially with the legislature continuing to toy with the County in various ways, including whether or not it wants to fund two sets of administrators in any one county. He personally feels that he has heard from many citizens, and while there are equity issues that the County Commissioners are committed to addressing, at this time he does not see merger as part of the school equity discussion. He said that equity could be addressed without merging the two school systems. Commissioner Carey said that they heard a lot of things from the parents and non- parentsand he thinks that it is incumbent upon them to represent all residents of Orange County. He understands Chair Jacobs' position on the matter, but if it were taken off the table, then they would not need to go through the exercise of trying to learn what others think about it. He thinks that they should at least have the discussion based on what is learned from the school boards and others. He thinks that the Board should take the leadership role in this issue. If the Board wants to take it off, then he will not bring it up again unless the public wants him too. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to drop the school merger issue from the discussion of school equity. Commissioner Gordan said that she has been on record for a long time saying that they need to address the difference in the school systems' funding. She said that in December of 2003, she offered a proposal for the situation at that time, which would have given more money in operating expenses to the OCS. She still believes that the important thing is to address the difference in the funding and this can be done without merging the systems. Commissioner Carey made a substitute motion that would be consistent with this Board's culture and wanting to hear what the public has to say. He moved to ask the public to speak and vote on a referendum that indicates whether they want to merge the school systems. There was no second. The motion died. Chair Jacobs said that the Board needs to move forward and try and address the fundamental issue of equity. Commissioner Carey said that Chair Jacobs' implication is that he is the only one that is listening to the public, but he said that he is listening too. The motion he just made was that they ask the public to vote on it because it is the ultimate opportunity to let the public speak. VOTE: Ayes, 4; No, 1 -Commissioner Carey Chair Jacobs asked the Board of Commissioners to return their responses to the questions by early next week. Commissioner Halkiotis asked that the term "homework" not be used in the future. c. Proposed Orange County Section of the NC Mountains-to-Sea Trail The Board considered the possibility of a section of the NC Mountains-to-Sea Trail being planned through Orange County and providing guidance to staff. Rich Shaw said that this trail is planned for a nearly 1,000-mile route from the Great Smoky Mountains to the Atlantic Ocean. As planned, the trail would pass through 37 counties, including Guilford, Alamance, Orange, Durham, Granville, and Wake Counties. The trail is currently a combination of old foot trails, trails constructed in the 1930's by the Civilian Conservation Corps, and by more recent groups such as the Carolina Mountain Club. Where there are no existing trails, the Mountains-to-Sea Trail corridor follows road shoulders. As of 2002, there were 530 miles of actual foot trails and 445 miles of back road shoulders. For the Orange County segment of the trail, the current placeholder is along the road shoulders of rural roads across northern Orange County- 18 miles across Cedar Grave and Little River Townships. He showed the placeholder on a map. John Link left at 9:30 p.m. Rich Shaw said that the State of North Carolina would like to change the placeholder to amore viable and desirable trail. The State is working with the Friends of the Mountains-to-Sea Trail, local governments, and land trusts to identify a more preferred corridor through the central Piedmont area. In October 2005, representatives from Orange and Alamance Counties kicked this effort off and met with the State trails coordinator in Hillsborough. A second workshop was held last week in Hillsborough. There was good participation. He showed the proposed alignments on a map. It appears likely that the Orange County portion going from east to west will pass along the Eno River all the way to Hillsborough. The trail would go through downtown Hillsborough all the way to Occoneechee Mountain. The State representatives are satisfied with this alignment. The area west of Hillsborough is more uncertain. There are several scenarios far this part. The first one goes along the Eno and other tributaries, and the second one is a road shoulder corridor that goes through Efland and to Lake Michael. The second one is less preferable to the group. The proposed trail through Orange County has been discussed at recent meetings of County and Town advisory boards, including the Commission for the Environment, the Recreation and Parks Advisory Council, and the Intergovernmental Parks Work Group. This past December the Town of Hillsborough adopted a resolution recommending that the State of North Carolina select a trail corridor alignment that will incorporate Hillsborough's planned river walk along the Eno. A copy of this resolution is in the agenda packet. Once the trail alignment is decided through Orange County, the cast of acquiring the land where needed and for developing and maintaining the trail system would be shared among various public and private landowners and volunteers. Na one entity would be responsible. Orange County might be a partner in making it happen along with Eno River State Park, Town of Hillsborough, OWASA, and others. At this point, they are looking at a broad alignment to be refined as time goes on. Chair Jacobs asked who would decide the route and Rich Shaw said the State of North Carolina. Commissioner Gordon said that they did see this at the last Intergovernmental Parks Work Group and she said that the last time this was presented to them, there was more complete information. Also, the funding piece is another issue. She said that it would help to have some principles that ERCD would like to send forth. She would like the IP Work Group to look at this again and bring it back to the Board. Chair Jacobs asked the staff to put this on the agenda before they meet with Hillsborough since there will be a financial commitment. He said that it would be appropriate for the IP Work Group to make some recommendations about principles. He wants some more information, such as whether this has been done in the western part of the state. Rich Shaw said that in the brochure it shows some of the gaps where there are not yet designated alignments. Chair Jacobs would like information from the State about how they acquired rights-of- way in counties that are anti-zoning, anti-land use planning, and anti-government regulation. He said that one principle that the Board could embrace is that they do support Hillsborough in wanting to have the trail go through Hillsborough along the Eno River, or they could just leave it until the joint meeting with Hillsborough on February 23rd The Board took this as information and this item will be put on the agenda for the joint meeting with the Town of Hillsborough on February 23rd Commissioner Gordon said that it would be good to get answers to the questions in time for the IP Work Group meeting. Dave Stancil said that they are way ahead of the game on this and the State is nowhere near acquiring properties at this point. He noted that the Cane Creek to Seven Mile Creek connector is in the comprehensive plan as a wildlife corridor. 10. Reports a. Potential Agricultural Activities on Lands Legacy Properties The Board received a report from staff an the potential {current and future) far agricultural activities on certain Lands Legacy properties and provided direction to staff. Dave Stancil said that this is a report about a possible win-win scenario on some of the lands in the Lands Legacy Program that have had or currently have agricultural activities. There may be possibilities for Orange County to achieve revenues through lease of lands for agricultural operations. There may also be opportunities for farmers to acquire income. The staff has prepared a report on four properties that are land banked for future park use or adjunct uses. These are lands that are managed by staff in conjunction with Recreation and Parks. The four properties are outlined beginning on page 4. He reviewed the details of each property. The properties are: Future New Hope Park at Historic Blackwood Farm, Future Millhouse Road Park, Northern ParklNorthern Human Services Center, and Future Twin Creeks Park. Most of the proposed agricultural uses on these properties include hay and forestry. Dave Stancil said that if they were to place the farm fields at the New Hape Park and Millhouse Road Park into activity and lease those, they might be looking at 55-62 acres and possible annual revenue of $990-1,550. He made reference to the salmon colored handout, which has information on opportunities for bio-solids at some of these places. This is a memo from OWASA about their bio-solids application. This is an idea to explore. In conclusion there are two approaches that could be used: negotiate with the farmer currently providing the service to see what lease rate could be agreed to; and undertake the lease solicitation process, sending a mailing to a master list of farmers noting the opportunity, reviewing and selecting the offer that best meets the County's needs and presenting the lease for approval. Dave Stancil said that they would suggest trying to set this up and be in position for the fall growing season so that the activities would be in place far 2007. Commissioner Halkiotis thanked the staff. He likes this and he would like more information on square bailing and round bailing. Dave Stancil said that round baling is more popular but the square bailing is used for horses and a lot of people are switching to this. Commissioner Halkiotis suggested asking Geof Gledhill about the legal liabilities of having others running agricultural equipment on Orange County lands and what is the County's liability if someone gets hurt. Commissioner Gordan made reference to the table on page 9 and the feasibility. She suggested removing the Northern Human Services Center since agricultural activity is unlikely. She also suggested not doing agricultural activities at Twin Creeks either because it is on schedule for park construction. She would rather concentrate on the two others and doing the hay operation. Commissioner Carey agreed with Commissioner Gordon an removing the two properties. Commissioner Carey asked if they permitted OWASA to use some of our properties for bio-solids if it would increase the productivity and Dave Stancil said that it might increase the productivity, but it might not increase the revenue. Commissioner Foushee also supported removing Twin Creeks and Northern Park. Chair Jacobs said that he would still like answers about using the bio-solids on playing fields. If this is correct, then it opens up different opportunities. He thinks that this is important to nail down. He is also interested in Commissioner Halkiotis' question about liability. He also asked about who provided fertilizer and Dave Stancil said that over the last couple of years they have done some cost sharing arrangements with the farmer at Blackwood Farm. Most of the responsibilities tend to be with the farmer. Chair Jacobs said that they want the lands to be organically maintained and that they should make a philosophical choice. Regarding the recommendation, he said that he is sorry that it is not to start this year, even at half price. He also asked where they stand with caretakers on these properties. Dave Stancil said that staff is in the house at the Blackwood Farm House for the office space. The Julia Blackwood house is designated as one of the sites for ERCD as part of the space needs study. He has not heard any recent discussions about caretakers for other sites. Chair Jacobs said to bring information back soon as it relates to the Cates Farm and Little River Regional Park. Geof Gledhill said that they are in the contract stage far a caretaker at Little River. Commissioner Gordon seconded the thought about following upon the use of bio- solids for these properties and getting information concerning safety. Commissioner Halkiotis said that he would be curious to hear a medical opinion about using Class Abio-solids on playing fields. Chair Jacobs said that there are probably communities in the country that have experience with this. Commissioner Gordon said that parents would be concerned about what their kids play on. Hay would be better. Dave Stancil said that Class Abio-solids are supposedly are fine to grow crops for human consumption. The staff will come back with more information on caretakers, liability, and the use of bio-solids. 11. Closed Session A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to go into closed session at 10:08:22 PM p.m. for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS ~ 143-318.11(a}(5), property owned by the Animal Protection Society, located on Nicks Road for the purpose of a passible conservation easement. VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to reconvene into regular session at 10:30 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board Orange County Water Supply Reservoir Water Levels Available information as of 1:00 PM, Thursday, February 2, 2006 Lake Orange • Water level is at the point where it is freely spilling (full} over the spillway.. • Water storage capacity remaining is 100% (475 million gallons) • There are not Eno River Capacity Use Restrictions in effect. • Current Eno River flow at the Hillsborough gage is approximately 17 cfs (11 million gallons per day). Eno flow levels, though well above the flows that trigger Capacity Use restrictions, are averaging well below historical mean water flows and have been for the past four weeks. West Fork Reservoir • Water level is at full capacity • Water storage capacity remaining is 100°r6 OWASA Reservoirs • Water level at Cane Creek Reservoir is 2'-6" below full • Water level at University Lake is 5.5" below full • Total remaining water storage capacity is approximately 87.8°~ • Approximately 40© days of water supply remaining (at current average weekly demand) National Weather ServicelNOAA Regional Precipitation data (inches above [+l or below [-l normal RDU Piedmont-Triad -5.84" for 2005 -9.31" for 2005 -2.08" since January 1, 2006 -1.27" since January 1, 2006