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HomeMy WebLinkAboutMinutes - 20060418APPROVED 6/27/2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 18, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 18, 2006 at 7:30 p.m. at the Southern Human Services Center, in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Chair Jacobs pointed out item 7-b, Triangle Regional Transportation Development Plan (white sheet}. The lavender sheet was a substitute for item 8-b. There was also item 9-b (white sheet}, Approval of Equipment and Vehicle Purchases. The green sheet was item 10-b, which was regarding the Greene Tract. There was also a news release regarding wildfire danger in Orange County, an update on water supply reservoir levels, and an update on energy conservation goals. PUBLIC CHARGE The Chair dispensed with the reading of the public charge, 2. Public Comments a. Matters not on the Printed Agenda James Ward spoke on behalf of the Sons of Confederate Veterans and presented a proclamation honoring the confederate history of Orange County. He read the proclamation, as follows: Whereas, on May 20, 1861, the State of North Carolina seceded from the Union and became part of the Confederate States of America. Whereas, at least 2,000 men from Orange County fought for the Confederacy, and a quarter of these men died in defense of their homes. Whereas, the women and children and elderly of Orange County suffered hardship and privation during this period. Whereas, since every generation should honor the generations in their past, it is only right and proper that we should officially recognize the sacrifice and fortitude of the people of Orange County who lived and died during the War Between the States. Therefore, we the Orange County Board of Commissioners, do hereby proclaim the week of May 7-13 hereafter as Confederate History Week, and proclaim that the period state flag of North Carolina be flown from the Orange County Courthouse flagstaff during this week. He said that the week of May 7-13 designates one week only, which includes May 10t", the official North Carolina Confederate Memorial Day. The flag would be flown beneath the U. S. Flag at the County courthouse in Hillsborough. He said that the people of Orange County have much to be proud of in history. He said that in 1861 men from Orange County rallied to protect their state and their homes from what they believed was an imminent invasion by Union forces. Over 2,000 men from Orange County joined the Confederate army. He said that the descendants of these citizens feel they owe a great deal to encourage the fortitude of these sometimes forgotten people. One way of showing gratitude is to proclaim this Confederate History Week. Steve Brantley is a resident of Orange County and camp commander far the Sons of Confederate Veterans, and he would like the County Commissioners to consider the request to recognize this proposed Confederate History Week proclamation. He also hopes the Board will consider the request to display the North Carolina Period State Flag that existed during the war during this week. He said that the purpose of this request is to acknowledge Orange County's many historical events that occurred during the War Between the States. He is a direct descendant of a confederate soldier from this area, as his great-great grandfather served in the 30t" North Carolina regiment in 1861. He said that the primary aim of the Sons of Confederate Veterans' national non-profit organization is to promote the true heritage, honor, and extreme sacrifices of the people that stood up for their homeland during this time. He said that the largest troop surrender was on Orange County land at that time. He thanked the County Commissioners for their time and invited them to attend the upcoming Silent Sam Memorial observance at UNC on May 16t" at 10:00 a.m. Beverly Faster, Chair of Healthy Carolinians of Orange County, said that this group was created in the mid-1990's in a collaborative effort of the County Commissioners, the Health Department, the University, and UNC Healthcare. Since then, it has struggled and grown to become a viable community resource devoted to improving the health of the residents of Orange County. She brought copies of the current State of the County Health Report produced by Health Carolinians and the Orange County Health Department. Using the ten priority issues identified in the 2003 Community Health Assessment as a framework, the report gives amid- cycle update and the activities in the County to address the health needs. The health issues identified in 2003 are still facing them today and she listed them -access to health care, overweight and obesity, substance abuse, mental health services, dental care, cancer, child abuse and neglect, suicide, and unintentional injuries. She said that the report both excites the Healthy Carolinians Council but it has also concerned them and there is much to be done. She invited the County Commissioners and interested citizens to attend their annual meeting on April 25t" from 8:00-10:00 a.m. at the United Church of Chapel Hill. The program will focus on engaging the community in health promotion. David Patterson is a native of Orange County and he spoke about the confederate flag proclamation and Confederate History Week. He said that he is a direct descendant of John Patterson, one of the founders of Orange County, who settled in 1744 on lands along New Hope Creek. John Patterson was his great-great-great-great grandfather. Two of John Patterson's sons served in the Continental Army during the Revolutionary War. Tonight he spoke on behalf of Jahn Patterson's great-grandson and his great-grandfather, Robert Donald Patterson, who served in the Army of the Confederate States of America. He said that these men defended their land against an invading army. He said that they did not fight for slavery, but for the rights of sovereign states to govern themselves. He wants to remember and honor these brave men that are so much a part of the history of Orange County by declaring the week of May 7-13 as Confederate History Week. Chair Jacobs spoke to the Sons of Confederate Veterans and said that it is nice to have them each year, and they do respect the heritage but they are content to have the State of North Carolina honor them on the appropriate day. He said that the Orange County Board of County Commissioners is not going to do anymore than they are doing this evening. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Gordon said that the Transportation Advisory Committee met and a subcommittee of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Capital Area Metropolitan Planning Organization came up with same points for the legislative agenda and they passed this. She said that they were told that this area was going from non- attainment to maintenance, which is good news. However, it takes a long time to go through all of the steps. Commissioner Foushee reported that the kickoff meeting for the Orange County Child Care Task Force was held today at the Southern Human Services Center, and about 70°l° of invitees were in attendance. She said that they were able to establish subcommittees today - employers, public sector including elected officials, child care providers, business community, and the users of child care. Their next meeting is set for June 15t" at the Southern Human Services Center. Commissioner Halkiotis said that he was pleased to see that Wal-Mart was going to reassess what benefits it will be giving its part-time employees. Commissioner Halkiotis said that, in meeting with the Friends of the Northern Orange Senior Center, the seniors are getting ready and splitting the cost 50150 with the Department on Aging for emergency cards for themselves. The cards will be filled out with medical needs and placed on refrigerator doors in the event of an ambulance call. He said that they asked EMS Director Jack Ball to put together a generic emergency card for all citizens. He said that they should take advantage of the technology advances and see how this could be tied into EMS somehow. He said that he would take this to the next Tech follow-up meeting to see if it can be done. Commissioner Halkiotis said that he has told all about his frustration with technology. He said that he is no longer going to be available on the Internet for anybody. He said that on April 3rd, an agency in Hillsborough sent out an email about a scholarship 28 times to his computer and he does not have high-speed access. He said that this email crashed his computer and he spent three hours trying to work through this mess. He said that he couldn't deal with this anymore. Commissioner Halkiotis said that he went to church on Easter Sunday and four senior citizens came up to him at Palmers Grove United Methodist Church and these seniors told him of a wonderful Orange County employee, who came to speak to a group of 35 senior citizens at the church. This is Kate Barrett from the Department on Aging. The senior citizens said that she was a wonderful ambassador for Orange County and Commissioner Halkiotis said that he would like for her to be honored. He said that he has watched as people in their 30's, 40's, and 50's are treating older people like they are little children and showing disrespect and Kate Barrett has transcended this and has treated these seniors with respect. Commissioner Halkiotis said that he and Chair Jacobs were in a meeting with the planning group for the Central Orange Senior Center, and he thinks that there needs to be a meeting with the Sportsplex on how are they going to interface with other government agencies and how senior center clients have access to the facilities already there at the Sportsplex. The seniors feel that they need to have a reduced rate and he agrees. He asked the Chair to set up a group to look at how the Sportsplex will interface with other departments and to do this as soon as possible. The architects need guidance from the County Commissioners and there should not be any duplication of things in the senior center that are already in existence in the Sportsplex. Commissioner Carey made reference to the sheet identifying the times, locations, and dates of one-stop voting locations. He read the sheet far the public. Commissioner Carey said that he is sure that they all received a copy of the Medicaid alert from NCACC and all know what the legislature is doing to the counties. He said that the NCACC is trying to assist with supporting the counties. At the request of the NCACC, the House Select Committee on Health Care decided to use $65 million in State Medicaid savings to provide Medicaid relief to counties beginning in 2006-07. This will allow a permanent cap on county costs for Medicaid. This proposal still has to be approved by the House of Representatives and this is not a done deal but it is a good sign. Chair Jacobs said that the one-stop voting handout was distributed because there was some confusion on the County's website about the dates. If the public has questions, the Board of Elections phone number is 245-2350. Chair Jacobs said that in the back are some yellow sheets for public input on the County Manager search, and until May 15t" they will be soliciting public comment. There will be ads in the newspapers, fliers in the libraries, and opportunities on the County's website. Chair Jacobs said that the Eno River Confluence took place last week and there were about 55 in attendance. Several groups continued meeting after this confluence and others commented on what a good opportunity it was to speak with others about the Eno River use and protection. Chair Jacobs said that the County Commissioners received a petition from residents near Southern Park about a proposed change in the plan for the park that increased the size of the parking lot on Dogwood Acres Drive from 40 spaces to 122 spaces. The Board asked that the group discuss this when it met and to make recommendations on haw to address the residents' concerns. Within two meetings, he believes that they have addressed the residents' concerns within the budget, meaning that if Chapel Hill can came up with an additional $480,000 to execute the plan, it will be phased and there will be an opportunity to have a smaller parking lot and a dog park at the southern end of the park. He said that the Chapel Hill Town Council would be considering this in a week or so and the Board would be receiving a memo about this soon. The residents that came to both of the meetings came away pleased that the concerns were addressed. Chair Jacobs said that on Friday, April 21St, at 2:00 p.m., at the Teer Farm near Cane Creek, USDA will honor Orange County. USDA has given away $10 million in the State for farm easements, and Orange County has received a quarter of these funds. USDA approached Orange County about this. Chair Jacobs said that next Monday, April 24t" at 1:OOpm they will have a dedication of the Homestead Crosswalk that goes to Homestead Park. Senior citizens brought this about and they recommended this crosswalk. The DOT representatives quickly responded and so DOT and the Board of County Commissioners will honor these seniors. Chair Jacobs said that Orange Enterprises has moved into a new building and will hold an open house to honor the employers that have supported them. This event will be on Friday, April 28t" from 12:30-3:OOpm. This organization helps people with developmental disabilities. Chair Jacobs said that driving up here, he was looking at the construction site at the senior center, and that the construction fencing is too close to the trees. He suggested that someone go out there and make sure that the fence is properly placed. Chair Jacobs said that he knows that Rod Visser has been trying to set up a meeting with the company managing the Sportsplex. They also need to discuss food service there. Chair Jacobs asked for an update from John Link on the water and sewer for Gravelly Hill Middle School. John Link said that Purchasing and Central Services Director Pam Jones will give bid results on this and she said that they were able to get four bids today, and three were viable and were within construction estimates. They run from $1.5 million to $2.1 million. The next step is for the contractors to be certified by the County Engineer and they will bring back for contract approval on May 4t". They will expedite the paperwork on this. Chair Jacobs said that he would also like to work on the development of the assessment project and when they do have customers in the EDD, they can tell them what to expect for the rates. He would also like to revisit the Efland sewer system and its rates. 4. County Manager's Report John Link read the consent agenda. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Faushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from January 31, 2006 and February 16, 2006 as submitted by the Clerk to the Board. b. Appointments -NONE c. Motor Vehicle Property Tax ReleaselRefunds The Board approved the attached refund resolution, which is incorporated by reference, related to 53 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Budget Amendment #13 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2005-06 far Department of Social Services, Health Department, and Department on Aging. e. Renewal of Consolidated Agreement Between Health Department and NC Department of Health and Human Services The Board approved the agreement and authorized the Chair to sign the agreements and assurances pending final review by staff and the County Attorney and earmarked funds from the social safety net should federal funding cuts in health preparedness and health promotion funding occur. f. Impact Fee Reimbursement This item was removed and placed at the end of the consent agenda for separate consideration. g: Authorization of the RSVP (Retired and Senior Volunteer Program) 3 Year Renewal Application and Agreement The Board approved the RSUP resolution, 3-year application, and agreement and authorized the Chair to sign application and Notice of Grant Award when received with the understanding that the 3-year application does not affect the Orange County annual budgeting process and can be terminated at any time based on Corporation for National and Community Service handbook guidelines providing for advance notice in order to find another local sponsor. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: f. Impact Fee Reimbursement The Board considered approving the impact fee reimbursement request from Orange Community Housing and Land Trust and the Affordable Housing Group for $63,328 far anticipated construction of 32 new apartments units in the proposed Dobbins Hill II rental development in Chapel Hill pending approval of the proposed Low Income Housing Tax Credit application. Commissioner Carey read the last sentence under Financial Impact, "Actual reimbursement will not occur until approval of the tax credit application or January 2007 at the earliest." He said that he thought they reimbursed after the fee was paid. Housing and Community Development Director Tara Fikes said that the Town of Chapel Hill requires payment of the impact fee at the time that the building permit is purchased. After the Town of Chapel Hill is paid, the County would be reimbursed. This would take about two to three months. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the impact fee reimbursement request from Orange Community Housing and Land Trust and the Affordable Housing Group for $63,328 for anticipated construction of 32 new apartments units in the proposed Dobbins Hill II rental development in Chapel Hill pending approval of the proposed Low Income Housing Tax Credit application. VOTE: UANIMOUS 6. Resolutions or Proclamations a. Fair Housing Month The Board considered recognizing and celebrating Fair Housing Month and authorizing the Chair to sign the proclamation. Assistant County Manager Gwen Harvey introduced Vice-Chair of the Human Relations Commission Bill Hendrickson. Bill Hendrickson said that April of this year is the 38th anniversary of the Federal Fair Housing Act. The Department of Human Rights and Relations in Orange County has processed many fair housing cases, but from 1999 to 2003 they only processed six cases. This year, to date, they have resolved 12 cases and have five active cases pending. The department has been very active in reaching out to the community for these issues. They want to recommend to the citizens a County Housing Fair on April 22~d, from 11:00 a.m. to 3:00 p.m. at University Mall. The fair is intended to provide information to Orange County citizens on the availability of fair and affordable housing services that the County provides. University Mall has agreed to pay for the fair. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve recognizing and celebrating Fair Housing Month and authorize the Chair to sign the proclamation as stated below. A PROCLAMATION FAIR HOUSING MONTH WHEREAS, April, 2006 marks the thirty-eighth anniversary of the Federal Fair Housing Act of 1964 and the 22"~ anniversary of the North Carolina Fair Housing Act prohibiting discrimination in housing on the basis of race, color, sex, religion, national origin, handicap and familial status; and WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil Rights Ordinance on June 6, 1994, which affords to the residents of Orange County the protections guaranteed by Title Vlll and additionally encompasses the protected classes of veteran status and age; and WHEREAS, The Human Relations Commission and the Affordable Housing Advisory Berard actively work to increase housing affordability and availability in Orange County and promote housing choice and inclusive neighborhoods; and WHEREAS, Orange County, the United States Department of Housing and Urban Development, concerned residents and the housing industry are working to make fair housing opportunities possible for everyone by encouraging others to abide by the letter and the spirit of fair housing Laws; and WHEREAS, despite of the protections afforded by the Orange County Civil Rights Ordinance and Title Vlll as amended, illegal housing discrimination and housing segregation still occur in our nation and in our county; and WHEREAS, by supporting and promoting housing affordability, choice and equal opportunity are fundamental to achieving social justice; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim April 2006 as FAIR HOUSING MONTH and commend this observance to all Orange County residents. This the 18th day of April. VOTE: UNANIMOUS b. Oranae County Senior Games The Board considered proclaiming the weeks of April 22 -May 18, 2006 as Orange County Senior Games Events Days and May 22 -July 6, 2006 as Silver Arts Days and to encourage citizens age 55 and over to participate. Doris Murell, Senior Games Ambassador, said that these games provide a valuable outlet for seniors in Orange County. She said that the senior games not only encompass athletic events, but artistic events also. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve proclaiming the weeks of April 22 -May 18, 2006 as Orange County Senior Games Events Days and May 22 -July 6, 2006 as Silver Arts Days and to encourage citizens age 55 and over to participate. PROCLAMATION Orange County Seniar Games Whereas, According to recent population figures, there are more than 18,734 persons over 55 years of age in Orange County; and, Whereas, Orange County is concerned about the health, fitness, and social well-being of its mature adult population; and, Whereas, Orange County Senior Games provides a special opportunity for mature adults to grow positively in the areas of health, fitness and social well-being; and, Whereas, Orange County would like to encourage local businesses and resident support and participation from county residents age 55 and older; NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April 22 -May 18 as Senior Games Events Days and May 22 -July 6 as Silver Arts Days, a part of ORANGE COUNTY SENIOR GAMES AND ENCOURAGES CITIZENS AGE 55 AND OVER TO PARTICIPATE. This, the 18th day of April, 2006. VOTE: UNANIMOUS c. Resolution of Annreciation for Volunteers Servina on County Advisor Boards and Commissions The Board considered a resolution of appreciation for the volunteers who serve an County advisory boards and commissions and authorizing the Chair to sign. Monica Evans, Assistant to the ClerklBoard and Commissions thanked the Board for this resolution on behalf of the volunteers in Orange County and she read the resolution: VOLUNTEER REGOGNITJON IN ORANGE COUNTY Whereas, the annual National Volunteer Week, a 33-year tradition, with a theme of "Inspire by Example!" will be April 23-April 29, 2006; and Whereas, National Volunteer Week designates a special time to recognize and celebrate the tremendous efforts of volunteers and is held to recognize and celebrate the efforts of volunteers at the local, state and national levels; and Whereas, last year, nearly 90 million volunteers stepped forward to make our communities a better place to live; and Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other organizations to provide needed services to County residents; and, Whereas, volunteers have greatly contributed to the enrichment of our communities to help make Orange County a better place to live; and, Whereas, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cost effectiveness and efficiency of government operations; and, Whereas, the involvement of volunteers has strengthened and reinforced the democratic process by volunteers contributing their time to help address community challenges; and, Whereas, during April the Orange County Board of County Commissioners will show its appreciation to its dedicated volunteers by presenting each with a gift, Now, therefore, Ief it be resolved that the Orange County Board of Commissioners sincerely thanks its volunteers for their community spirit, expertise, dedication and commitment to the residents of Orange County and hereby recognizes the week of April 23`d through April 29t", 2006 as VOLUNTEER WEEK IN ORANGE COUNTY This, the 18t" day of April 2006. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve a resolution of appreciation for the volunteers who serve on County advisory boards and commissions and authorize the Chair to sign. VOTE: UNANIMOUS Chair Jacobs said that they could not do what they do without the many volunteers who help in Orange County government. ?. Special Presentations a. Recognition of Orange County Rescue Squad, Inc. Volunteers The Board recognized the efforts of the volunteers of Orange County Rescue Squad, Inc. who have received the Lifetime Presidential Volunteer Service Award. EMS Director Jack Ball said that he had the honor of serving with volunteers in the emergency realm. He said that one of the organizations has dedicated itself through training, dedication, and commitment, and achieved two recognizable awards. The first is the certification of a heavy tactical rescue certificate from the State of North Carolina's Office of Emergency Medical Services. This certification is available for rescue agencies that provide training in extrication tools and equipment to be able to dislodge victims of accidents and heavy equipment. Orange County Rescue Squad, Inc. is required to have a minimum of eight certified technicians to receive this award, and they have 12 technicians. Secondly, he introduced Assistant Chief Nathan Hewitt to speak on another accomplishment of Orange County Rescue Squad, Inc., for having over 4,000 hours of community service. They have received a Lifetime Presidential Volunteer Service Award. Many members have used this organization to step into a career position in public safety. Nathan Huey introduced Captain Brian Matthews of the Orange County Rescue Squad. He said that in 1968 the organization was founded and started as volunteers. In 2002 the President created the USA Freedom Corps. The Presidential Volunteer Service Award came out of this. Captain Brian Matthews read the names of the people receiving this award as follows: The following members both from past and present are being recognized for their volunteer service to Orange County. These members have gone above and beyond their call of service to this community by achieving mare than 4,000 hours each of volunteer service. These members are: Marcia Adams Kim Austin Thomas Callaham Cliff Cates Doris Cecil Derek Chrisco Eric Derr David Elliott Scott Hackler Jason Hawkins Nathan Huey Alton Hunt John Jefferies Carol Lorenz Brian Matthews Doug Noell Dan Seip Gwen Sherrill Jolinda Swiggett Michael Webb Grover Wrenn Each member has received a plaque, a pen, and a personal letter from the White House. Commissioner Halkiotis said that Nathan Huey was in school when he was principal and he is proud of him. b. Triangle Regional Transportation Development Plan The Board received a presentation from the consulting firms of Urbitran Associates, Inc. and Mundle & Associates on Phase One results of the comprehensive study commissioned by the N.C. Department of Transportation on passible coardinationlcansolidation of Wake, Durham, and Orange Counties' community transportation services and considered approval of the plan. Department an Aging and Transportation Services Director Jerry Passmare said that Orange County decided to participate in this study last year and the consultants are here to give a presentation on the first phase of this major study. He recognized Jae Melvin, who was representing DOT's Public Transportation Division and AI Terry, OPT Transportation Manager. Jim McLaughlin gave a PawerPoint presentation. Triangle Regional Transportation Development Plan Phase One -Feasibility Orange County Apri! 18, 2006 Overview of Presentation • Brief Recap of Study • Refinement of Alternatives • Impacts -Financial, Service • Next steps Study Tasks and Approach • Public Involvement Development and Review Alternatives Assess Opportunities and System Analysis Project Direction from County Chairs • Development of TTA Alternatives • Impacts on Customers and Finances Moderate Coordination {graph) Moderate Consolidation (graph} Consolidation {graph) Potential Incentive Funding for the Regional System (table) Summary of Cost Impacts -All Alternatives (table) Summary of Impacts- Staffing (table} Inconsistencies with Current Programs • Marketing/Service Information • Gaps in Areas Served • Trip Planning by Exception • Duplication with ADA Paratransit Fixed Route Services • Agency Reimbursement Rates • Trip Scheduling Orange County Impacts (table) Wake County Impacts (table) Durham County Impacts {table) General Impacts • Greater consistency in how current users or potential users are afforded access to services • Improved record-keeping, communication, and processes for matching clients of agencies with a transportation provider • More seamless trip scheduling, and more uniform procedures, including tracking all transportation costs • Be#er coordinated services between providers • More flexibility in use of vehicles leading to increased service availability : Increased geographic coverage Next Steps • Circulate Executive Summary • Action by Governing Boards • Initiate Phase 2,~ Transition - Implementation Plan Commissioner Carey said that he understands the options before them tonight and the request for the next steps and that this study was paid for by NCDOT. He asked haw the next step analysis would be paid for. Joe Melvin said that it will be paid for by NCDOT also. Commissioner Halkiotis said that several senior citizens have asked about additional bus service to bring seniors to the Orange Central Senior Center and he is leery of any coordination coming out of Raleigh. He is not sure who is gaining from all of this. He said that Jerry Passmore has spoiled them rotten. He said that these OPT buses have provided a valuable service to citizens in Orange County that are dependent on transportation. He said that this is not a diseased system and "if it ain't broke, don't fix it." He has had only one complaint about OPT in the last ten years. He said that if this is under the umbrella of coordination, he thinks that Orange County is getting a lot now. Commissioner Gordan said it would be a good idea to go to the next phase to get all of the information and to evaluate it. She would like to approve Phase II and if there are questions to be asked, then they could be asked in Phase II. Chair Jacobs said that he agrees with bath Commissioner Halkiotis and Commissioner Gordan. He is proud of and comfortable with the OPT system. He also agrees with Commissioner Gordon that there is some value in looking at our options and he is inclined to look at the next phase. He would like some clarity next time regarding attracting other funding streams because they want to be aggressive about providing public transportation. He said that they are committed to providing as much public transportation as they can in Orange County within their means. John Link said that he made it clear to the consultants and other managers that his observations are the same as Commissioner Halkiotis'. However, they cannot be totally sure that they can evaluate their systems unless they go through Phase II. He would like to relay a letter back to TJCOG that the final decision as it relates to any coordination or consolidation would rest solely with each jurisdiction because the monetary benefit to go total consolidation now is $100,000 to Orange County. There are a lot of things to weigh against this. A motion was made by Commissioner Carey, seconded by Commissioner Faushee to approve Phase II of the Regional Transportation Development Plan process, consisting of further analysis of implementation impacts associated with the proposed coordination or consolidation of community transportation systems. Final decisions relative to coordination or consolidation rest solely with the individual elected boards of commissioners. VOTE: Ayes, 4; No, 1 (Commissioner Halkiotis) c. Solid Waste Operations Center Design The Board received additional information about the proposed Solid Waste Operations Center and considered providing conceptual approval of the building design. Rod Visser said that at the County Commissioners' March 15t" work session on solid waste matters, the Board discussed a presentation of the architects Dixon Weinstein far the proposed conceptual design of a new Solid Waste Operations Center, which is slated to open on Eubanks Road sometime during the summer of 2007. The Board asked a number of questions regarding energy efficiency, particularly regarding a more spread out design compared to a mare compact building. Ken Friedlein from Dixon Weinstein put together a memo addressing these questions, which is included in the abstract. They hope to get more feedback from the County Commissioners before they meet with the community and present the conceptual design. Ken Friedlein said that the concept they proposed was far two narrow buildings. The concerns that were expressed were that the building perimeter would add to construction costs and operating casts because of greater opportunity for energy lass between the inside and outside areas. He said that these were understandable concerns but authorities concerned with energy and building performance are now advising that costs associated with a perimeter are more than offset by efficiencies that a perimeter produces in today's high performance buildings. He said that the TJCOG, the U. S. Green Building Council, and the Federal Department of Energy, among others recommend narrow building footprints and extended perimeters as the strategy. He said that they diagrammed an alternate scheme. He summarized the reasons for extending the building perimeter. One of the key reasons is that perimeters facilitate day lighting, which reduces electrical energy costs and cooling energy costs. Second, perimeters put building occupants in close contact with outside areas, allowing for operable windows. He said that the design far the center provides direct use from 96% of the occupied spaces and the alternative building provides use from 56°I° of the occupied spaces. This is well below the 90% goal stated by the Triangle J High Performance Building Guidelines and the national LEED standard. Many studies have documented increases in workforce productivity, reduced absenteeism, and reduced turnover in buildings that have the amenities afforded by generous building perimeters. Commissioner Gordon asked about the construction casts and life cycle casts. Ken Friedlein said that they have not done construction costs at this stage of the design and the life cycle casts are beyond the scope of services for this design. Commissioner Gordon said that Ken Friedlein was needed to provided additional information to answer her questions. Commissioner Halkiotis said that he is comfortable with the original plan and that Ken Friedlein improved the working environment and natural lighting. He said that he is excited about how they will be treating the wastewater. He said that this building will incorporate green building designs. Commissioner Foushee agreed with Commissioner Halkiotis and said that she was ready to move forward with the Manager's recommendation. Commissioner Carey said that he raised concerns about extensive outside walls and life cycle costs of the building and he is not convinced that this is a better design. He suggested taking both designs forward to the public. Ken Freidlein said that the second proposal is only a diagram and does not reflect the level of effort they put into the original plan. Chair Jacobs said that the thrust of the community meeting is to get a response from the Rogers Road area about this building fitting into their community. He said that no one envisioned having a detailed analysis at the community meeting. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to receive the additional information, approve the conceptual facility design, and instruct staff and architects to present the Board's design at a community meeting and report back to the Board on feedback received from the community. VOTE: Ayes, 4; No, 1 (Commissioner Carey} Chair Jacobs asked about the timetable and Rod Visser said that they would like to get the design to a point to put out to bid late summer and they will try and get the community meeting started soon. Chair Jacobs said to look at the Board of County Commissioners' calendar when scheduling the meeting. 8. Public Hearings a. Annual Public Housing Agency (PHA) Plan -Section 8 Housing Program The Board conducted a public hearing and considered approving submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorizing the Chair to sign the Certification of Compliance/Board Resolution. Housing and Community Development Director Tara Fikes said that the PHA plan describes the mission of the agency and the agency's long-range goals and objectives. Orange County completed its last five-year plan last year and this year they need to only submit the annual plan to HUD by the end of May. This plan does not include any substantial changes from last year. He said that they still continue to operate the Section 8 program for 623 families, but they are on average able to serve fewer families over the last few months and the average is about 615 families. The annual budget for the program is a little over $4 million and they have 245 property owners providing property for lease to law-income residents. Mast of these properties are located in the Carrboro/Chapel Hill area and most of the participants are leasing two bedroom units. They are still receiving applicants and since the fall of 2004 they have 1,278 families on the waiting list. There was no public comment. Chair Jacobs asked if there was any mechanism within the program for a County that has a backlog of people in need of section $ vouchers to get them from counties that are not using all of theirs. Tara Fikes said that there is no standard mechanism for applying for unused vouchers. Chair Jacobs said that this is something to talk about with Congressman David Price and Tara Fikes said definitely. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign the Certification of CompliancelBoard Resolution. VOTE: UNANIMOUS b. Orange County's 2006 Legislative Agenda The Board held a public hearing on draft resolutions/other potential items for inclusion in Orange County's legislative agenda package for the 2006 North Carolina General Assembly Session and considered approval of the draft resolutions and any other materials far presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly. Chair Jacobs and Commissioner Halkiotis have worked on this for a number of years and this year they did something different as a reflection of their ongoing frustration with the County's ability to have any responsive actions from the State legislature. This is a different structure. John Link said that the staff has made the effort to draft resolutions and there is a draft statement of principles to express the Board of County Commissioners' sentiment on what is important in the legislative process. Geof Gledhill said that there are a lot of resolutions for the Board's consideration and he summarized them: 1. Resolution Opposing NC Senate Bill 951- Public-Private Solid Waste Collection -this bill would create displacement income, which would be paid to any private sector solid waste collection vendor in the event that a jurisdiction decided that it would operate a solid waste program. This resolution would oppose that payment of money. 2. Resolution Opposing NC Senate Bill 508 and House Bill 648 - "So-Called" Exempt Builder's Inventory -these bills would exempt builder's inventory from property taxes. Builder's inventory means lots that are platted and have been approved and are available for sale. The resolution states that Orange County's tax base could be reduced by $150-200 million if this bill is passed and this money would have to be made up by the citizens that live in the community. 3. Resolution Petitioning the State for County Medicaid Relief -North Carolina is the only state where the General Assembly has not made an effort to remove Medicaid responsibility from the counties. 4. Resolution Requesting Restoration of the Ability for Public School Systems to Request and Receive Refunds of State and Local Sales and Use Taxes Paid for Goods and Services. 5. Resolution Requesting Funding to Construct a Park and Ride Lot and Operate a Shuttle Service in Downtown Hillsborough -this is a request for $300,000. 6. Resolution of Support and Funding Request for an Orange County Agriculture and Natural Resource Center -this resolution would be deferred until the Board receives a report from the Ag Center Work Group. 7. Request for Feasibility Study Funding far a Regional Shared Use Value-Added Processing Center in Orange County -there is an opportunity far local agriculture to prosper better if there is an opportunity locally and regionally to bring products to a center where they can be processed and sold, keeping the product closer to home and increasing the value. 8. Resolution Supporting State Public Education Initiatives That Are Clearly and Fully Funded by Additional State Revenue -this is asking the General Assembly to send money when it dictates reducing class size. 9. Resolution Calling for Re-Determination of Statewide Mental Health Reform -this is supporting the Legislative Oversight Committee in saying that it is time to take another look at mental health reform and what is coming out of the State Department of Health and Human Services is not what was envisioned when mental health reform was first presented. 10. Resolution Opposing Legislation at the Federal or State Level to Strip Local Governments' Cable Franchise Authority -this would ask for support from the General Assembly and federal legislators to oppose stripping local governments' cable franchising authority. 11. Resolution Supporting Family House at UNC Hospitals -this organization intends to build a 40-bedroom hospitality house in Chapel Hill where families can stay while their loved ones are at UNC Hospitals. They are asking the General Assembly for $50,000 to help in this $6.3 million capital campaign. 12. Resolution in Support of Potential Statewide Public Referenda on Land for Tomorrow Bonds, School Construction Bonds, and Water and Sewer Bonds 13. Resolution Proposing the Appointment of a Citizens Committee to Follow Up on the 2001 Smart Growth Commission Report -there has been no action taken regarding the recommendations of this committee and the Board of County Commissioners is asking for the legislature to implement these recommendations. 14. Resolution Proposing Changes to the Open Burning Permits Issuance System to Remove the Burning Prohibition Exemption, Specifically in Periods of Drought, Or, In the Alternative, Requesting Local Government Authority to Prohibit Open Burning Without the State's Declaration of a Hazardous Condition Chair Jacobs made reference to the last resolution regarding open burning and the fourth whereas, and pointed out that they are trying to regulate burning during periods of hazardous forest fire conditions, and he suggested adding, during drought periods. Commissioner Gordon asked Geof Gledhill about regional transportation funding and how they would handle this since they do not have the warding tonight. Geof Gledhill said that the legislative delegation asks for a public hearing when a bill is requested. He said that the Board could proceed when these resolutions are available or hold this public hearing open until the next meeting. Commissioner Carey thanked Geof Gledhill for his letter explaining possible options for charging fees to the flea market. He asked the Chair and Vice-Chair to bring back a proposal on how to proceed with the flea market. Geof Gledhill said that he forgot to mention that issue. Commissioner Carey made reference to the revised mental health resolution and he added that the "whereas" does not add much to their case, and he requested that this be taken out. Commissioner Halkiotis said that the last time the County raided the flea market, they learned that sales tax revenue was not being collected. He asked if sales tax was now being collected and no one knew the answer. He would like to know this information as soon as possible and see if they can retroactively capture this sales tax. He said that this group is still out of control and he is tired of it. Commissioner Halkiotis said that the attorney mentioned that the school systems were able to recoup some sales tax revenues with respect to school construction and other issues. He asked how long this was done and Geof Gledhill said that he could not recall. Commissioner Halkiotis said that he was shocked when Greg Wilder polled the association and that no other counties were objecting to the loss of sales tax reimbursements. Chair Jacobs read the Orange County Statement of Principle for the 2006 North Carolina General Assembly Session: Orange County respectfully requests the North Carolina General Assembly to conduct the 2006 legislative session with goals of: - Helping those residents of the state who are less fortunate; - Rejecting the influence and strong-arming tactics of for-profit special interests over the interests of the people of North Carolina; - Taking responsibility, both financial and otherwise, for the initiatives enacted by the General Assembly and ceasing reliance on local governments and property taxes to implement unfunded mandates; - Considering ethics and ethical behavior as standard guiding principles of all activities, legislative and otherwise; - Leading the state in addressing areas such as school capital funding, solid waste planning, recycling, alternative transportation, and land, water, and energy conservation; and - Providing to all local governments revenue options that are currently only available to some specific local governments. Orange County is confident that the North Carolina General Assembly can meet these goals, but only if its will matches its rhetoric. Chair Jacobs said that Commissioner Gordan suggested adapting all resolutions and leaving the public hearing open to consider the additional items for the next meeting and that Commissioner Carey recommended removing the last "whereas" from the 9t" resolution, which states, "Whereas, the Legislative Oversight Committee charged with monitoring reform has recently set forth a plan that lays bare the tension between legislators and the Department of Health and Human Services, states its belief that Secretary Carmen Hooker Odom has made decisions `in a manner that increases distrust among stakeholders and threatens to further destabilize a fragile system."' PUBLIC COMMENT: Artie Franklin said that he lives in Chapel Hill. He said that the University of North Carolina is divided into six voting precincts and they only have one voting place an campus on Election Day. He said that this discourages people from registering to vote in the campus community and discourages people from voting. It is also confusing when students move from one dorm to another and end up in a different precinct. He wants to know if there is something to do in Orange County to remedy this. If not, he hopes that it will be placed an the legislative agenda to be considered in Raleigh. Chair Jacobs asked the Director of Elections to report back to see if there is a local remedy for this issue. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve excluding the "whereas" as stated above. VOTE: UNANIMOUS Commissioner Halkiotis said that he would like to take it a step further and ask in the resolution for Carmen Hooker-Odum to resign because she has made a mess of this program. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the resolutions and any other materials for presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly and to leave the public hearing open for additional resolutions from Commissioner Gordon to be brought to the next meeting. VOTE: UNANIMOUS c. Regulated Recyclable Material Ordinance Amendments The Board received suggested amendments to the Regulated Recyclable Material Ordinance, conducted a public hearing, and considered approval of the proposed amendments on first reading. Gayle Wilson said that they are here to answer technical questions. Chair Jacobs asked if there was an annual report to them an all of these appeals, etc. and Gayle Wilson said that there is not, but they could prepare one. Chair Jacobs said that there should be some kind of reporting mechanism to the Board of County Commissioners so that they can be apprised of what is taking place and Geof Gledhill said that they could mandate this ar put it in the ordinance. John Link recommended that this report be part of the annual budget presentation by the Solid Waste Department. He thinks that directing the Manager and the Budget Director to include it as part of the budget material for solid waste would be appropriate. Chair Jacobs suggested adding this as a resolution in the Manager's Recommendation as #4, which would direct the Manager and the Budget Director as part of the Solid Waste annual budget presentation to present the accounting of permits, relocations, and appeals. The Board agreed. Commissioner Gordan made reference to page 4 and asked for an explanation of the strikethrough, "land clearing debris that is not sold as timber or chipped far use onsite or sale" and why this is not within the County's purview. Geof Gledhill said that his recollection is that this was deleted because land-clearing debris is not part of the ordinance, and this is a technical change. Commissioner Gordon asked why land-clearing debris was not put in the ordinance. Geof Gledhill said that they decided to deal with land clearing debris in a different way. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Foushee seconded by Commissioner Carey to adopt the attached revised ordinance, which will amend the Regulated Recyclable Materials Ordinance, and to direct the Manager and the Budget Director as part of the Solid VIlaste annual budget presentation to present the accounting of permits, relocations, and appeals. VOTE: UNANIMOUS 9. Items for Decision--RegularAgenda a. Next Steps on District Elections for the Board of County Commissioners for a November 2006 Referendum The Board considered the next steps on district elections far the Board of County Commissioners for a November 2006 referendum; reviewed and discussed additional sets of mapslplans, statistical data, and draft transition plans for a potential seven-member Board of Commissioners; and considered any action, questions, and any further direction to staff. Chair Jacobs said that after the last time they considered this, they realized that they needed to define the lines of the districts and Commissioner Carey asked staff to prepare another proposal. Commissioner Foushee and he met with staff an this and he and Commissioner Halkiotis met once with staff and they came back with proposals A and B. Geof Gledhill said that all of the proposals including A, B, Commissioner Corey's proposal, and Commissioners Jacobs' proposal #3 will create aseven-member Board and each would have a different number of district representatives and a different number of at-large representatives. All of them would be nominated and elected by all Orange County citizens. Commissioner Gordon would like to reconsider the motion an page 8, which states: "A motion was made by seconded by Commissioner Jacobs for staff to prepare a resolution, a map and a transition plan to be sent to referendum in November 2006, for o 7- member Board of County Commissioners, with 2 members from residential districts in rural Orange County, and at least two members and not more than three members from a residential district in Chapel Hill Township, with the remainder being at-large members. These 7 commissioners would be nominated and elected at-large. This proposal is reflected in Proposal 2, but need not be limited exactly to the district designs in Proposal 3." Geaf Gledhill said that if they want to consider another proposal tonight they do not have to reconsider that motion. Commissioner Gordon said that she was going to move to reconsider because she thinks the parameters in the motion are too restrictive for what they are trying to do tonight, but since Geaf Gledhill advises them that they do not have to da that, then they can discuss what they want to discuss. She has concerns about proposals that restrict our discussion to a seven member board that has not more than three members from a residential district in Chapel Hill Township and two members from residential districts in the rest of Orange County. She feels that a district map drown using those guidelines would be flawed and she wants that on the record. A motion was mode by Commissioner Halkiotis to approve proposal B, which provides for two districts -district 1 would have two members and district 2 would have one member and there would be four at-large members. He thinks that this would be in the best interest of the citizens in the long-term. Commissioner Halkiotis said that he was talking to others in the northern part of the County about how they were being treated and he did not like what he heard. He is going to talk to the Manager about this in private. Geof Gledhill said that until the Board adopts a resolution, what the Commissioners decide is still just a process. Commissioner Carey said that he appreciates Commissioner Halkiotis' change of heart on the issue of nomination by district. He said that they need to move in the direction that the residents asked them to and either proposal B or his proposal would move in this direction. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to choose proposal B as the district map. VOTE: UNANIMOUS Chair Jacobs said that district 1 is Chapel Hill Township and would have two members, and district 2 has the other six townships and would have one member. Four County Commissioners would be elected at-large. Commissioner Gordon said they should say that district 1 is far the six townships and district 2 is for Chapel Hill Township to prevent confusion; district 1 would have one member and district 2 would have two members. Commissioner Halkiatis and Commissioner Foushee agreed. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis that districts be nominating districts (only people in the district can vote for the candidate in the primary election), and that the transition plan be amended to reflect this and that this be brought back for consideration to proceed with a referendum. Commissioner Gordon said that this is more responsive to what the citizens requested. She said that it seems that the key for those citizens is that the districts be nominating districts. VOTE: Ayes, 4; No, 1 (Chair Jacobs) A motion was made by Commissioner Halkiatis, seconded by Commissioner Foushee to direct staff to bring back a resolution to call for the referendum with this selection plan. VOTE: UNANIMOUS b. Vehicle Purchases for FY 2005-06 The Board considered approval of equipment and vehicle purchases for Fiscal Year 2005-06 and authorizing staff to bring to the May 4, 2006 Commissioners meeting the Equipment and Vehicles Capital Project Ordinance and executed documents required to accomplish the financing with SunTrust Bank. A motion was made by Commissioner Halkiatis, seconded by Commissioner Carey to approve the equipment and vehicle purchases (outlined on Attachment 1 of the abstract, and authorize staff to bring to the May 4, 2006 Commissioners' meeting the Equipment and Vehicles Capital Project Ordinance and executed documents required to accomplish the financing with SunTrust Bank. VOTE: UNANIMOUS c. Authorization to Release One-Time Supplemental Funding to OPCILME to Facilitate Divestiture of SPMI ACTT Services The Board considered authorizing the release of a one-time County supplemental appropriation in the amount of $13,467 to OPCILME to facilitate the divestiture {transfer} of Severe and Persistent Mental Illness (SPMI) Assertive Community Treatment Team (ACTT) services to Lutheran Family Services (actual transfer of management responsibility took place on April 1, 2006). A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve authorizing the release of $13,467 from the Critical Needs Reserve to facilitate the divestiture (transfer} of Severe and Persistent Mental Illness (SPMI) Assertive Community Treatment Team (ACTT) services to Lutheran Family Services (actual transfer of management responsibility took place on April 1, 2006) with the formal budget amendment authorizing the action to follow on a subsequent BOCC agenda. VOTE: UNANIMOUS d. Approval of Lease Agreements with Caring Family Network, Inc. The Board considered approving entering into lease agreements with the Caring Family Network, Inc., the nonprofit selected by the OPC/LME Board to assume managerial and operational responsibilities far Orange-Person-Chatham Mental Health (OPC) programs presently housed within County facilities, with a targeted effective date of May 1, 2006 with final documents to be signed by the Chair pending final review by staff and the County Attorney. John Link said that this would be important sa that the OPC/LME Board can assume the operation responsibilities by staying housed in County facilities at this time. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve entering into lease agreements with the Caring Family Network, Inc., the nonprofit selected by the OPCILME Board, to assume managerial and operational responsibilities for Orange-Person-Chatham Mental Health (OPC) programs presently housed within County facilities, with a targeted effective date of May 1, 2006 with final documents to be signed by the Chair pending final review by staff and the County Attorney. VOTE: UNANIMOUS e. Proposed SportsPlex Community Advisory Committee The Board considered a proposed Community Advisory Committee that would advise the Board of Commissioners and County Management an SportsPlex operations and provide direction to staff. Chair Jacobs said that this is to establish a committee to give them guidance on issues that are not policy issues, but those such as operating hours, customer satisfaction, etc. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the proposed Community Advisory Committee that would advise the Board of Commissioners and County Management on SportsPlex operations. VOTE: UNANIMOUS f. Appointments (11 Inter-Faith Council-Appointments The Board considered making appointments to Inter-Faith Council's work groups. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Commissioner Foushee as the elected official to the Comprehensive Service Center Work Group and Commissioner Gordon as the elected official to the Men's Residential Facility Work Group. VOTE: UNANIMOUS 10. Reports a. Presentation of 2006-2016 County Capital Investment Plans iCIP) The Board was to receive a presentation of the County Manager's Recommended 2006- 2016County Capital Investment Plan. DEFERRED b. Possible Conservation Easements for Greene Tract The Board discussed matters related to the possible recording of conservation easements on portions of the Greene Tract to permanently protect those areas as open space. Environment and Resource Conservation Director Dave Stancil said that they have had recent discussions with Triangle Land Conservancy about being the fourth party holder to the easement and they seem to be amenable to holding this easement. Chair Jacobs asked John Link to transmit the green sheet, Estimated Greene Tract Reimbursement Amounts, to the Towns of Chapel Hill and Carrboro and come back with this item on May 4tn 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:3Q p.m.. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board