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HomeMy WebLinkAboutMinutes - 20060516 APPROVED 911 212 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 16, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 16, 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., Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: Valerie P. Foushee 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. Chair Jacobs said that Commissioner Foushee is out of town on a work related trip. 1. Additions or Changes to the Agenda Chair Jacobs said that there was an additional application far the Commission for the Environment, which is item 9-e-5. The salmon sheet is an updated list of applicants for the New Hope Park at Blackwood Farm Master Planning Committee. The lavender sheets relate to the Buckhorn Flea Market, which will be covered under the Manager's Report. Item 9-d, Contract for Design Work for Homestead Center Sewer Connection, has been requested by staff to be moved to the consent agenda as item 5-n. The Board agreed to do this. The green sheet is the water level updates and Lake Orange is at 100°~ capacity, Cane Creek is ten inches below full, University Lake is 22 inches below full, and OWASA is at 93.4°~ capacity. PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Jason Baker said he is an undergraduate student at UNC- Chapel Hill where he is studying city and regional planning. He said he has spent a good part of his undergraduate career working with the environmental purchasing committee on campus. This group worked very hard to find environmentally sustainable solutions that are fiscally responsible. He has come to speak tonight on something along those very lines. A little over year ago, the Board of Commissioners chase to support the Water Resources Initiative in principle and he feels that things should go beyond the "principle" stage and be fully funded. The water resources initiative is a great plan that is valuable for protecting our water supply in Orange County, and he really wants to express his support for this. However, if we are going to implement this plan as it was conceptualized, we really need to hire a full time staff person in Orange County with the necessary scientific background to implement this plan and he encourages the Board to do this. This has frustrated him when he remembers not too long ago, that they did not cut back on their water usage at school, they would have to start taking group showers down at Fetzer Gym. While water conservation is still an individual decision, he thinks it is very important that we come up with a long term effective plan for dealing with drought issues, flood issues, water contamination, just to name a few. He understands that this is really a tight budget year for Orange County but he still encourages you as a Board to continue on your trend of funding things that are valuable far long-term sustainability. So, please, as you move forward into this budget season, fallow the recommendations of the Commission far the Environment and please put aside the funding for afull-time staff hydrologist. Thank you. Robert Dowling said that he and Scott Maitland were here to let the Board know about the Community Leadership Council and to ask the Board to appoint the Chair and the Manager to the CLC. It is an outgrowth of the Foundation for Sustainable Communities, and its goal is community sustainability -economic prosperity, environmental protection, and social equity. The CLC is comprised of people from business, governments, the University, and nonprofits. The objective is to have people with varying perspectives an the community in the same roam talking about the future development of the communities. This is mostly about southern Orange County, mostly Chapel Hill and Carrboro. They have had several presentations and they want to learn more about the community and then to plan a trip to Madison, Wisconsin to learn what they have done. They are going an the trip September 24-26, and they would like Chair Jacobs to serve on this trip as an honorary co-chair along with the Chancellor and the Mayors of Chapel Hill and Carrboro. He invited the County Commissioners to also participate in the trip. Scott Maitland said that they have 40 people committed to attending this trip and they are planning an 90 people. Commissioner Halkiotis thanked Robert Dowling and Scott Maitland because this is the first time that he has recalled that someone has extended an invitation to them in person. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Carey said that all received the written report from the Health Director about the Mill Creek Study and he asked her to make a summary presentation at one of the future meetings. Staff has done a commendable job with studying the issues that arose. He said that most of the issues have been addressed. Commissioner Carey said that the Healthy Carolinians "Eat Smart, Move More" is a slogan he will continue to mention because it is the foundation of health. Commissioner Carey said that the public may have heard about legislators wanting to raise the minimum wage by $1.00, and he encouraged all to contact their legislators to support this bill. Commissioner Halkiotis said that the Board has supported increasing the minimum wage in the past and he wants to check and see if it is in this year's legislative agenda. He heard that it has not been raised in North Carolina since 1997. Commissioner Carey made reference to the meeting with the Secretary of Health and Human Services and the Director of the Division of Mental Health last week and said that the results were fairly positive. The State has accepted some of the responsibility and has come through with some additional revenue. OPC is not out of the hot water yet, but they are making progress. He thanked the County Commissioners for approving the resolutions on May 4cn Commissioner Gordon thanked Jason Baker for his presentation concerning the Water Resources Initiative. Commissioner Gordon reported on the Transportation Advisory Committee meeting. They passed the motor vehicle emissions budget on acounty-by-county level. They also approved the Work Program. The most startling thing was that the Division 5 Engineer said that, because of financial problems in Washington, D. C., North Carolina would only be getting 86 cents back on every dollar they send to Washington, D.C., which is a huge setback from 92 cents that had been proposed. Commissioner Gordon said that she and Chair Jacobs went to the Master Aging Plan meeting and they are on target with their recommendations. Commissioner Halkiotis praised staff -Susan Mellot, Mike Tapp, Craig Benedict and the rest of the staff who are making sure that the flea market on Buckhorn Road is operating in a safe manner. He thinks that everyone needs to understand that public safety has to come first. Commissioner Halkiotis thanked Commissioner Carey in advance for going to the State Capitol tomorrow. He asked Commissioner Carey to ask Governor Easley why he wants to give sales tax exemptions to professional motor sports racing companies and why he took away sales tax reimbursements from schools. Commissioner Halkiotis said that he is meeting with the Energy Conservation Task Force on Monday and he has asked them to start looking at fuel consumption to track from last year until this year. He wants to keep people's attention on fuel consumption. He asked that fuel consumption information be put in future agenda packets just like water reservoir levels. Commissioner Halkiotis thanked Chair Jacobs for responding to a citizen, Janet Burnsten, who was very upset. Janet Burnsten had a good metal bed frame and a usable old lawnmower, and she tried to bring them to the Eubanks Road recycling shed and was told to throw them in the trash. He wants to look into this and follow up. He is tired of disappointing citizens. He volunteered to work with the Manager and staff an this issue. Commissioner Halkiotis said that in January 2005 Commissioner Foushee specifically asked the Director of Auxiliary Services for OCS how they were going to get money for startup casts for Gravelly Hill Middle School, and George McFarley responded that it would come from the fund balance. He said that no one asked for any money for startup casts for Gravelly Hill Middle School during the entire budget season of 2005. Last week they found out the fund balances for both school systems and CHCCS had $2.3 million and OCS had $1,093,000. He asked both boards if there had been any spending down of fund balances by either board in the last two months, and he found out that on March 20, 2006, the OCS board voted to spend down $538,165 out of the fund balance to do some upgrading at Stanback and Stanford prior to the opening of Gravelly Hill. He does not know why they did this knowing full well that their representative said that they would use the fund balance for startup costs. He said that he is getting the feeling that he is being used and he does not like it. He has concerns about how this came about. He said that this puts the Board of County Commissioners in a bad light. He objects to this and he is offended and angry. He said that he has the minutes of the January 2005 meetings, and he has the audiotape. He said that he might ask for a full investigation into this deliberate spending down of the fund balance by OCS because he thinks it is wrong. He does not appreciate being put in a predicament. Commissioner Carey said that he saw the memo from the school system and he was also taken aback by it. He would like a list of the equipment that was purchased for the other two middle schools with the fund balance. He said that bringing other schools up to par with a new school is expensive and time consuming. He agreed with Commissioner Halkiotis' sentiments. Chair Jacobs asked if the Manager had a response to Commissioner Halkiotis' questions about the solid waste issue and John Link said that he would be happy to respond to individual situations. He was not aware of the particular incident that Commissioner Halkiotis mentioned. He said that he would try and get both sides of the story. He wants to make sure that citizens are not offended, but are educated on what can and cannot be recycled. They will try and bring back the scavenging policy. He remembers that the Board was not unanimous last time on what should be done. Chair Jacobs agreed with Commissioner Halkiotis that there is a pattern of a "can't do" attitude and he wants this to change. He hopes that before he is asked to approve any new positions for Solid Waste that this will change. Chair Jacobs made reference to Mill Creek and said that he has made a note to see if the Health Director will come to the mid-June meeting to make a report. He said that there may need to be a policy if there are other neighborhoods with concerns about water quality. He would like to put this on an agenda to discuss having a policy on addressing future neighborhood concerns. Chair Jacobs made reference to the flea market and said that they did invite Alderman Herrera to the EDC meeting last week to talk about alternative arrangements for a flea market that might serve a Latino community as well as others. The Economic Development Director had been given the direction earlier when they first realized that staff was going to look at the flea market. Mr. Herrera is going to do some investigating as well to get a sense of who is actually doing business and how many people are from this area. Mr. Herrera also expressed that the flea market was a business incubator for some people. Chair Jacobs said that there was a meeting today of the planning group for the Central Orange Senior Center and they gave direction to have a preliminary report back to the Board before the summer break. They are almost at the point of getting some preliminary costs. Chair Jacobs made reference to the email from the Clerk regarding a meeting that was set up with Congressman David Price on May 30t". He asked for comments from the County Commissioners that should be brought to Congressman Price regarding federal policy, etc. Chair Jacobs expressed good wishes to Florence Saltys who is ill with pneumonia. Chair Jacobs made reference to the OCS predicament, and he said that he remembered the predicament that the Governor put the County in when he took the County's money in fiscal year 2002-2003 because there was a budget shortfall. He said that Orange County lost $3.1 million in intangible and inventory taxes, and they had to enact the'/ cent sales tax to recover. The actual total loss was $2 million. The latest predicament that the State has put them in is reducing class size without giving the money for school construction and the 8°~ pay raise for State-funded teachers, and it will cost Orange County taxpayers $3.6 million to make up for the 8% raise for local teacher positions in this year's budget. This is 3 cents in new property tax that the Governor is mandating. Chair Jacobs suggested writing a letter to the Governor, with a copy to the legislators, that Orange County would like its $2 million so that it can be put toward the latest unfunded mandate. The Board agreed. Commissioner Carey suggested also sending it to the NCACC so that it can be shared with other counties. 4. County Manager's Report John Link asked Health Director Rosemary Summers to come forward with Public Health Educator Donna King to site the award that Donna King received. Rosemary Summers said that Donna King, Director of the Health Promotion Education Division, recently received the Arnold Kalunzy Distinguished Alumni Award. Dr. Kaluzni was the first director of the Public Health Leadership Program at the School of Public Health. Donna King is a graduate of this program and is a leader in public health. She said that Donna King was invaluable in the SARS incidents in dealing with national and international press. She said that Donna's staff has brought in over $500,000 in grant funds to the Health Department over the last five years. Donna King said that she appreciates the support they get from the Manager's Office, the Health Director, and the Board of County Commissioners. John Link said that he appreciated the recognition from Commissioner Halkiotis to staff on the flea market issue. He asked Planning Director Craig Benedict to give a summary of the purple sheets in terms of what has been pursued so far. Craig Benedict said that over the last year Orange County has recognized increased traffic problems in the Buckhorn area because of the flea market. The flea market portion of the site was a legal, non-conforming use that was in existence prior to 1984. He said that they noticed that areas that were designated for parking many years ago now had tables. From a zoning standpoint, they have been approaching this as an improper expansion to a non- conforming use. After Zoning got involved, they asked the building inspectors to look at it. The entire site is 128 acres, and part of it is in forestry use value. The building inspectors noticed that over the winter there was flammable material put in various sections and a lot of propane heaters put in without the proper amount of exits. Based on this inspection, a condemnation notice was issued that anyone entering the premises would be entering at their own risk until the property owners had the opportunity to appeal and remedy the situation. Within one week, the owners removed all of the imminent danger issues that were out there. They also did something about traffic. There was only one access point on Buckhorn Road and it was causing backup onto the interstate. They have now decided that all traffic go down Buckhorn Road, dawn West Ten Road, come in from the south, and have a right turn only onto Buckhorn Road. They have also made the fire lane completely open and a fire truck will remain on premises until further renovations can be made to the building. The building is still not up to compliance, but it is not an imminent life safety hazard. He said that renovations to the building can occur at such time it is determined how much of the building is conforming and haw much is non-conforming. Chair Jacobs asked if staff met with the owner a year ago about traffic control and Craig Benedict said that they did talk to the property owner about this issue, but it was not fulfilled by the owners on a regular basis and traffic problems still ensued. Chair Jacobs said that they have received numerous complaints from the neighbors near this area about the traffic issues, especially church members because people are turning around in the church parking lot so they do not have to make a left turn onto Buckhorn Road. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: John Link read the consent agenda. a. Minutes The Board approved the minutes for the January 31(5:30), February 9, February 21, March 2, and March 13 meetings in 2006 as submitted by the Clerk to the Board. b. Appointments (1 j Orange County Aging Board -One Reappointment The Board reappointed Jerry Kruter to the Orange County Aging Board to a second full term expiring June 30, 2009. (2} Agricultural Preservation Board -One Reappointment The Board reappointed Mari Trosclar to the Agricultural Preservation Board to a first full term ending June 30, 2009. (3J Orange County Animal Services Advisory Board -Reappointments The Board reappointed Tracy Carroll and James Kramer to the Animal Services Advisory Board to first full terms ending June 30, 2009. {4} Commission for Women -Reappointments The Board reappointed Laura Leonard, Linda Key, and Ashley Cannon to the Commission for Women to first full terms ending June 30, 2009 and Caroline Wood to a second full term ending June 30, 2009 to the Commission for Women. (5) Human Relations Commission -Reappointments The Board reappointed William Hendrickson, Beverly Payne-Betts, Barbara Chapman, and Adelaide Spitsbergen to the Human Relations Commission to second full terms ending June 30, 2009. {6} Workforce Development Board -Reappointments The Board reappointed Nancy Costan, Clean Currie, Shirley Carraway, Keith Norwood, and Dianne Reid to the Workforce Development Board to terms ending June 30, 2009. c. Motor Vehicle Property Tax ReleaselRefunds The Board will consider adoption of a refund resolution related to 61 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Tax Refund The Board adopted a refund resolution, which is incorporated by reference, related to one {1} request for property tax refund in accordance with N.C. General Statute 105-381. e. Property Tax Release The Board adopted a resolution, which is incorporated by reference, to release property values related to one {1) request for property tax release in accordance with N.C. General Statute 105- 381. f. Contract Renewal with UNC Family Medicine and Health Department The Board will consider renewing a contract with UNC Family Medicine and Health Department for Physician Services and authorize the Chair to sign pending approval of the FY 2006-2007 budget and any further review by staff and the County Attorney. cam. Cantract Renewal far Pharmacy Services far Health Department The Board approved renewing a contract for pharmacy services for the Health Department and authorized the Chair to sign, pending the approval of the 2006-2007 budget and any further review by staff and the County Attorney. h. Agreement Renewal with Chapel Hill Training and Outreach, Inc. and Health Department for Dental Services for Head Start The Board approved renewal of an agreement far Health Department provision of dental services far the Head Start Program offered by Chapel Hill Training and Outreach. Inc. in northern Orange and authorized the Chair to sign subject to any final review by staff and the County Attorney. i. Audit Contract for the June 30, 2006 Fiscal Year This item was removed and placed at the end of the consent agenda far separate consideration. L RFP Award -Contract far Conductina Analysis of Impediments to Fair Housina Choice This item was removed and placed at the end of the consent agenda far separate consideration. k. Budget Amendment #15 The Board approved budget ordinance amendments for fiscal year 2005-2006 for Department on Aging, Library Services, and Solid Waste Enterprise Fund. I. Application for State Public Schoal Building Capital Funds The Board approved an application to the North Carolina Department of Public Instruction to release funds from Orange County's Public School Building Capital Fund account for the Chapel Hill-Carrboro-City Schools' share of the remaining debt service payment related to construction of McDougle and Scroggs Elementary Schools and authorized the Chair to sign. m. Pyrotechnics Approval; Blue Cross Blue Shield Family Day This item was removed and placed at the end of the consent agenda for separate consideration. n. Contract for Design Work far Homestead Center Sewer Connection The Board approved an agreement with Corley, Redfoot Zack, Inc. to complete the design of sewer lines at the Homestead Community Center and to coordinate installation of a sewer connection from the Homestead Center to OWASA's sanitary sewer system, at a cost not to exceed $10,000; pursuant to NCGS 143, Article 3D, exempt this work from the selection process prescribed for this type of professional services; and authorize the County Manager to sign an agreement that reflects the content of the attached proposal. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: i. Audit Contract for the June 30, 2006 Fiscal Year The Board considered awarding contracts to Cherry, Bekaert & Holland, Certified Public Accountants, far the provision of audit services for the fiscal year ending June 30, 2006 and authorizing the Chair to sign. Commissioner Halkiotis asked about the audit recommendation and why they would solicit bids and recommends staying with the same firm. Finance Director Ken Chavious said that there were some time constraints that kept him from proceeding with this process. It is a long-term process that involves several staff members, and this was a matter of timing. Commissioner Halkiotis said that he has respect for Ken Chavious and the Finance Department but he was stunned to read last week that someone in the Finance Department in CHCCS was able to generate a fake social security number that was having monies diverted to it. He asked haw auditors could not pick this up. This scares him and he does not want to get too comfortable. Ken Chavious said that it is their practice to change auditors every 3-5 years, but they could not give the due diligence that it deserved this time. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve contracts with Cherry, Bekaert & Holland, Certified Public Accountants, for the provision of audit services far the fiscal year ending June 30, 2006 and authorize the Chair to sign. Chair Jacobs said that next year there should be a different auditing firm considered as part of the rotation. VOTE: UNANIMOUS L RFP Award -Contract for Conducting Analysis of Impediments to Fair Housing Choice The Board considered authorizing staff to contract with Donald B. Eager & Associates, LLC to conduct an Analysis of Impediments to Fair Housing Choice study for the amount of $7,500; and authorizing the County Manager to execute the resulting agreement, contingent upon final review by staff and the County Attorney. Chair Jacobs asked Human Rights and Relations Director Milan Pham to outline how the County could go beyond this review and do some field-testing. Milan Pham said that this testing is a practice of Civil Rights agencies to discover potential discrimination when there is no one to file a complaint or to stand as a plaintiff. It is used in employment and housing situations. The trained testers, individuals from the community representing all walks of life and protected classes, would approach housing providers and lenders to discover discrimination. Chair Jacobs said that a few years ago an acquaintance of the Board of County Commissioners who is Latino was calling apartment complexes in the community that were advertising vacancies and when she called, she was told that they had just been filled. Then her husband, who is an Anglo, called the same places and he was told that there were vacancies. This has stuck in his mind ever since. A motion was made by Chair Jacobs, seconded by Commissioner Carey to authorize staff to contract with Donald B. Eager & Associates, LLC to conduct an Analysis of Impediments to Fair Housing Choice study for the amount of $7,500; and authorize the County Manager to execute the resulting agreement, contingent upon final review by staff and the County Attorney. VOTE: UNANIMOUS m. Pyrotechnics Approval; Blue Cross Blue Shield Family Day The Board considered approving a pyrotechnics permit far Blue Cross/Blue Shield Family Day 2006 on Saturday, June 3, 2006, contingent upon final approval of the set up by the Emergency Management Director or his designee. Chair Jacobs made reference to the drought conditions and said that he would like to track the pyrotechnic approval process that if there are severe drought conditions, that it overrides any of the permits. He wants to give people a head's up early in the process that it could be a problem. Purchasing and Central Services Director Pam Jones said that they have exchanged emails an this subject and Fire Marshall Mike Tapp has said that if there is a burning ban then a pyrotechnics permit can be revoked. Afire official has to approve and sign off on the permit the day of the shoot. Chair Jacobs suggested writing this in the permit so that there are no surprises. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve a pyrotechnics permit, with proposed changes, for Blue Cross/Blue Shield Family Day 2006 on Saturday, June 3, 2006, contingent upon final approval of the set up by the Emergency Management Director or his designee. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. National Historic Preservation Month The Board considered proclaiming May as National Historic Preservation Month. Tina Maon spoke on behalf of this item. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve proclaiming May as National Historic Preservation Month. PROCLAMATION FOR NATIONAL HISTORIC PRESERVATION MONTH WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Sustain America -Vision, Economics, and Preservation" is the theme for National Preservation Month 2006, cosponsored by the Orange County Board of Commissioners, the Orange County Historic Preservation Commission, the Alliance for Historic Hillsborough and the National Trust for Historic Preservation: and WHEREAS, Orange County has demonstrated its commitment to historic preservation by using the restored Alexander Dickson House as the Hillsborough visitor center, providing economic development in a way that makes local history engaging the public; NOW, THEREFORE, the Orange County Board of Commissioners hereby proclaims May 2006 as National Preservation Month and calls upon the people of Orange County to join their fellow citizens across the United States in recognizing and participating in this special observance. This, the sixteenth day of May, 2006. VOTE: UNANIMOUS 7. Special Presentations a. Update on Veteran Services Program The Board received a presentation an the services provided through the Veteran's Services Program at the Department of Social Services. Chair Jacobs said that Lais Harvin-Ravin will be making this presentation. He said that services to veterans are being cut and he thought it would be nice to know what is being done for veterans in Orange County. Lois Harvin-Raven provided an update. She thanked Chair Jacobs for stopping to ask what the Board can da to better serve veterans. She has been with the County far 19 years and a Veteran Services Officer for 8 years. She is a Vietnam veteran and she also served in the Army from 1973-1983. She said that she provides a quality service for veterans and she hopes that people know that Orange County provides a veteran service program and has done so since the 1940's in seeking both state and federal benefits. Orange County provides two locations -one in Hillsborough at 118 Churton Street {919-245-2890} and one in Chapel Hill at the Orange County Skills Development Center on Tuesdays at 503 W. Franklin Street (919-969- 3032 ext. 259). Her hours are 11:00-7:00 on Tuesdays in Chapel Hill because of the premium parking issue there. She said that this office comes under the directorship of the Department of Social Services in Orange County and all claims generated out of her office must be sent via the N.C. Department of Administration Division of Veterans Affairs as regulated by general statute. She said that her job is to assist veterans, their spouses, ex-spouses, widows, and dependents in seeking compensation for reinstatement and obtaining benefits for compensation, pension, medical, educational, burial, insurance, and other benefits. She actively counsels veterans and advises them of their rights and entitlement under both state and federal law. She also provides assistance in filling out forms, etc. Once benefits are awarded or not awarded, she is responsible far making sure these are correct and she is an advocate and arranges for admission for eligible veterans to the Department of Veterans' Affairs Hospital and other facilities. She also provides service for the active duty service members, which includes the National Guard and the Reservists. She said that they are servicing 40-50 veterans each month, and Orange County has in excess of 8,000 veterans that are currently receiving some type of benefit through the Department of Veterans' Affairs. As a result, those veterans generate in excess of $14 million into the Orange County economy. She said that she does outreach and she is aone-person team. She is at every high school at least once every year to talk about scholarships that dependents of veterans might be eligible for and she never turns down an opportunity to speak on awareness of programs in Orange County. She thanked the Board of County Commissioners on behalf of all veterans in Orange County. Commissioner Halkiotis said that he is impressed by what she had to say and he thanked Chair Jacobs for bringing forth a little known agency. He verified that Orange County receives $2,000 from North Carolina to support the operation. Orange County pays her salary. He said that she is the best-kept secret in Orange County. 8. Public Hearings a. North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP}Grant Funding The Board conducted a public hearing for the NCDOT Rural Operating Assistance Program (ROAP} grant application, considered approving the FY 2006/2007 ROAP grant application, and authorizing the Chair to sign. AI Terry said that on April 10`" the Board of County Commissioners approved this but the public hearing notice was not published correctly and therefore they are coming back. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis seconded by Commissioner Gordon to approve the FY 2006/2007 ROAP grant application, and authorize the Chair to sign. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Consent for New Indebtedness far OE Enterprises. Inc. The Board considered a request by OE Enterprises for new indebtedness far building improvements and communicating the same to First National Bank. Economic Development Director Dianne Reid said that she is here with Kathy Bryant, Executive Director of OE Enterprises. The purpose of this agenda item is to get formal acknowledgement from the County for this new indebtedness far an additional $190,000 for the purpose of financing building improvements on the new building, along with confirmation that the deed of trust will be given priority over the agreement, and also acknowledging that because of the delay in moving into the facility, the employment goals have not been met. The Economic Development Commission staff will monitor this project over time. Kathy Bryant said that the money is not actually new, but they already agreed to it and they are just raising it to upfit the building. She said that she was being frugal and did not ask for enough money upfront. Clarifying questions were asked by the County Commissioners and answered by staff. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to approve a request by OE Enterprises for new indebtedness far building improvements and communicate same to First National Bank. Geof Gledhill said that his recommendation is that they approve the three assurances and authorize the Chair to sign any further documents presented by First National Bank consistent with thane assurances. Commissioner Halkiotis made this motion in lieu of the previous motion and Commissioner Carey seconded this new motion. VOTE: UNANIMOUS Commissioner Halkiotis said that the open house at OE Enterprises was one of the mast gratifying moments in his tenure. b. Authorization to Release Current Bridge Funding to OPCILME to Facilitate Divestiture of Club Nova, and Consider Support for an Additional Allotment in the Manager's Recommended FY 06-07 Budget The Board considered authorizing the release of a County appropriation in the amount of $40,806 to OPC/LME to facilitate the divestiture {transfer} of OPC Club Nova Community, Inc, and to consider support for an additional allocation in the FY 2006-07 budget process. Jahn Link said that there have been many surprises in the last few months with the transition of the mental health structure, but they knew that they would need to provide some bridge funding for some of the local service providers as the agencies were divested from OPC Mental Health into nonprofits. The OPC Club Nova has transitianed into Club Nova Community, Inc., so they are asking that the Board approve the amount of $40,806 to assist Club Nova Community, Inc. in the transition process until the first of the year. Also, because of funding issues with OPC and the lack of funding from the State, Club Nova will experience a shortfall in the new fiscal year. The Manager's recommended budget includes $80,000 in additional funding for next year. This will be part of the budget process. Assistant County Manager Gwen Harvey recognized Karen Dunn, Program Manager far Club Nova Community, Inc. Commissioner Halkiotis said that he ran into a young man in Efland that was a student of his many years ago, who has found a home and a purpose at Club Nova. He said that he is now in the process of cleaning out his closet and he is going to bring things to the Club Nova resell store. He said that if you can save one person, you justify the whole budget allocation as far as he is concerned. He supports this wholeheartedly. Commissioner Carey expressed support for this also. He acknowledged that the Board should put the future needs in the context of all of the decisions that must be made related to all of the other programs that have been divested. He asked about the meetings with staff and the $200,000 that was reduced to $80,000. He asked why he, as the representative on the OPC Board, was not made aware of this. He asked if the $80,000 would be in addition to the maintenance of effort that the County would normally make to OPC on behalf of Club Nova. Gwen Harvey said that in the present year's budget, the Board set aside bridge funding in the equivalent of one month's operating expense for Club Nova, which is the $40,806. Because there have been some service definition changes that have impacted the revenue projection for Club Nova adversely, the members of the Club Nova board approached the County and met with staff and two County Commissioners to make a request for additional funds for next budget year to replace the lost revenues. The Board is not being asked tonight to make a decision relative to the additional $80,000. OPC is the conduit for the local dollars. OPC Director Judy Truitt said that the phenomenon is that, when the new service definitions were approved in December and implemented on March 20th, they learned that if a consumer was receiving bath services -assertive community treatment and psychosocial rehab or the Clubhouse program -the new service definition that was put into place on March 20th was exclusionary. The same consumer could not receive both of the services at the same time. Of the consumers in the system currently that had been receiving both services, they had to choose which one to receive after March 20th. Club Nova has identified that a significant percentage of the consumers who were receiving both services are choosing to stay with the ACT team. This would be a significant loss of revenue for the Clubhouse program. This was the request that they approached the County about. They could not have foreseen this. She said that they are trying to find a funding stream that will allow the consumers to continue to come to the Club Nova program, even though they cannot bill and get any revenue for serving them. Commissioner Carey asked if this was going to apply to other programs that have been divested. Judy Truitt said that the other exclusionary service does impact them directly and this is related to day treatment services for children in residential programs. This is the most obvious impact far OPC consumers. John Link said that this all points out the critical issues facing Orange County to provide funding far mental health services. He said that these successful programs have built themselves based on funding streams and service definitions in the past that made functional sense. Now, the State has changed service definitions leaving some people out in the cold, and the question for counties will be how to address these issues. One question he will ask in the budget process is whether to send OPC the maintenance of effort funding in a lump sum or with specifications. Chair Jacobs said that they did not mean to cut Commissioner Carey out of the process, but it was a meeting of the County and OPC staff, and the Chair and Vice-Chair. Commissioner Carey said that he supports Club Nova and they have a lot of struggles, but he would have appreciated being informed about this issue before reading it in an abstract since he is the representative. Chair Jacobs asked if the $80,000 was aone-time expenditure ar if it would become recurring and John Link said that he is recommending this for next year, but there must be same hard decisions over the next few years in terms of how much funding the County can appropriate for mental health programs. Commissioner Carey said that it is naive to think it is a one-time expenditure. He said that when they are dealing with a population like Club Nava, they need to protect them. This is a lifetime commitment. Chair Jacobs said that one of the questions that can be posed to Club Nova is whether they can raise funds to cover the additional expense, or whether this will become a permanent appropriation from Orange County. Gwen Harvey said that the philosophy of Club Nova is a lifetime commitment, but the Board only considers these types of allocations on a year-by-year basis and it is not a guarantee that the Board will view it favorably in years forward. The Manager recommends considering allocations on an annual basis. Commissioner Halkiotis said that yesterday they met with Linda Foxworthy of KidScope and Kate Sanford of Child Care Services, Inc., and they are also worried about this. He said that there is so much going on with OPC and he suggested having a work session before adjourning for the summer to find out what is happening here and to hear all of the concerns. John Link recommended doing this as part of one of the budget work sessions. Commissioner Gordon echoed Commissioner Carey that there should be some method that when a Board member who is already representing an entity that they are included in conversations about their entities. John Link agreed. Perhaps the Vice-Chair could step out or the Manager could contact the appropriate County Commissioner before a meeting. Gwen Harvey apologized to Commissioner Carey for not including him. Chair Jacobs suggested that the Board start thinking about what could happen if the legislature finally ignored the Medicaid burden on counties. He suggested that the Board should start keeping track of places where the County is covering gaps in Medicaid. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve authorizing the release of a County appropriation in the amount of $40,806 from the Critical Needs Reserve to facilitate the divestiture and transfer of OPC Club Nova from the OPC/LME to Club Nova Community, Inc. and to approve considering the allocation of an additional $80,000 in the Manager's Recommended budget for FY 2006-07 to further support the first year of Clubhouse operations under Club Nova Community, Inc. Commissioner Gordon said that the legislature thinks that Orange County has money because it has the 8°~ fund balance requirement. VOTE: UNANIMOUS c. Schools Adequate Public Facilities Ordinance (SAPFO) -Approval of Annual Certifications The Board considered approving various certifications related to student membership projections of the Orange county Schools (OCS) and Chapel Hill-Carrboro City Schools {CHCCS), as outlined in the draft Annual Report of the SAPFO Technical Advisory Committee and the incorporated forms. Rod Visser said that the Board saw this report on April 10t". This report is the same as the one on April 10t". After the Board reviewed it, it was circulated to each of the County's partners -the Towns and the school systems. Comments were solicited but none were received. Commissioner Gordon asked about the building capacities and she asked for information on pages 21 and 24 to tell for each elementary school what the new capacity will be when the class sizes go from 23 to 21 and also what methodology was used by the school systems to determine the new building capacity. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve various certifications related to student membership projections of the Orange County Schools (OCS) and Chapel Hill-Carrboro City Schools (CHCCS), as outlined in the draft Annual Report of the SAPFO Technical Advisory Committee and the incorporated forms. VOTE: UNANIMOUS e. Appointments (1) Orange County Planning Board -New Appointment The Board considered making one new appointment to the Orange County Planning Board. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to appoint Brian Crawford to a partial term ending March 31, 2007. VOTE: UNANIMOUS (2) Arts Commission -New Appointments The Board considered making new appointments to the Arts Commission. A motion was made by Commissioner Gordon, seconded by Chair Jacobs to appoint Diane Caplow for position 6 with an expiration date of March 31, 2007 and Mary H. Kruter to position 4 with an expiration date of March 31, 2009. VOTE: UNANIMOUS (3) Board of Health -One New Appointment The Board considered making one new appointment to the Board of Health. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Dr. Anissa Vines to a first full term ending June 30, 2009. VOTE: UNANIMOUS (4) Chapel Hill Board of Adjustment -New Appointments The Board considered making new appointments to the Chapel Hill Board of Adjustment. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Celie Richardson to position 12 with an expiration date of June 30, 2008 and Steve Doyle to position 11(alternate) with an expiration date of June 30, 2008. VOTE: UNANIMOUS (5~ Commission for the Environment -New Appointments The Board considered making appointments to the Commission for the Environment. Chair Jacobs said that he and Commissioner Gordan discussed this and decided to forward the new applicant's name and defer consideration of the other two positions to ask for the recommendations of the Commission for the Environment. A motion was made by Commissioner Gordon, seconded by Chair Jacobs to appoint David Brower to position #7 with an expiration date of December 31, 2007. The Board agreed to defer appointment of the other two positions until a recommendation is received from the Commission for the Environment. VOTE: UNANIMOUS (6) Hillsborough Strategic Growth Steering Committee -Appointment The Board considered making appointments to the Hillsborough Strategic Growth Steering Committee. A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to appoint Crauford Goodwin. VOTE: UNANIMOUS (7) New Hape Park at Blackwood Farm Master Planning Committee The Board considered making appointments to the New Hope Park at Blackwood Farm Master Planning Committee. The salmon colored sheet had the additional applicants. Chair Jacobs asked if the Board would agree to appoint four citizen volunteers instead of three. The Board agreed. A motion was made by Chair Jacobs, seconded by Commissioner Gordan to appoint Keith Coleman, Sally Goerner, Trish Rafalow, and Holly Reid as the citizen volunteers; Spence Dickinson as the farmer; Whitfield Morrow as the Agricultural Preservation Board member, Mark Smith as the Commission for the Environment member; Tom Allison as the Historic Preservation Commission member; Sandra Johnson Quinn as the Orange County Planning Board member; Denise Dickinson and Geoffrey Hathaway as the Recreation and Parks Advisory Council members; and Chair Jacobs and Commissioner Gordon as the two County Commissioners. Commissioner Halkiotis suggested putting farmer/agriculturalist for Spence Dickinson because he is not technically a farmer. VOTE: UNANIMOUS {8j Uranae County Board of Adiustment -New Appointment The Board considered making a new appointment to the Orange County Board of Adjustment. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to move Jeff Schmitt from an alternate to the position formally held by Ted Triebel, whose term has expired. VOTE: UNANIMOUS {9) O.C.tChapel Hill Visitors Bureau -Appointment The Board considered making one new appointment to the Orange Countyl Chapel Hill Visitor's Bureau. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to appoint John Wilner to a partial term ending December 30, 2007. VOTE: UNANIMOUS {10) Animal Services Advisorv Board -New Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Dr. Susan Elmore to position #9, Animal Advocacy. The Board agreed to solicit recommendations from Chapel Hill and Carrbora on positions #3 and #4. VOTE: UNANIMOUS {11) Orange Unified Transportation Board -NewAppaintments The Board considered making one new appointment to the Unified Transportation Board. A motion was made by Commissioner Gordon to appoint Pascale Mittendorf for the Hillsborough Township position. Commissioner Gordon asked the Board to authorize her and Chair Jacobs to be co- conveners. VOTE UNANIMOUS {12) Orange Water And Sewer Authority Board -New Appointment The Board considered making one new appointment to the Orange Water and Sewer Authority Board. Chair Jacobs suggested that the County continue advertising for the OWASA Board. The Board agreed. {13) Recreation and Parks Advisorv Council -New Appointment The Board considered making one new appointment to the Recreation and Parks Advisory Council. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Laurie Lee to a partial term ending March 31, 2008. VOTE: UNANIMOUS PUBLIC COMMENT lfor matters not an the printed agenda -late arrivall Annette Jurgelski asked where is the hydrologist? She said she was a part of the Commission for the Environment and they have strongly recommended that the water hydrologist position be fully funded. Even though we are all taxpayers and even if it might raise our taxes a little, she said that she doesn't have to remind you (the Board) of the reasons why we need this staff person. Water is a very important factor in Orange County and we recognize this. We have issues with water. We have a number of watersheds in Orange County that need to be regulated for the benefit of our citizens. The danger is if our water is not carefully monitored and we don't have a person with this kind of expertise in this area. This may be a difficult position to fill because the person will need to be very flexible and to be able to work with a number of different agencies. So she is asking you (the Board} to please don't forget to fund this water hydrologist position because it is very important. 1 Q. Reports-NONE 11. Closed Session A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to go into closed session at 10:08:47 PM p.m. for the purpose af: "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). RE-CONVENE A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to reconvene into regular session at 10:50 p.m. VOTE: UNANIMOUS 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:50 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, May 11, 2006 Lake Orange • Water level is at the point where it is freely spilling {full) over the spillway.. • Water storage capacity remaining is 100°l0 (475 million gallons) • Current Eno River flow at the Hillsborough gage is approximately 16 cfs (10.3 million gallons per day). • Eno flow levels, which have averaged well above the 10 cfs flow that triggers Capacity Use restrictions for the last five days {and 17 of the last 19 days). For about half of the last 19 days, flows have averaged at or well above historical median water flows (approximately 30 to 50 cfs for this time of year) as a consequence of thunderstorm and other rainfall activity. • There are no Eno River Capacity Use Restrictions in effect at this moment, and it now appears unlikely that instream flaw conditions that would initiate restrictions will be seen within the next week to ten days even with no additional rainfall. West Fork Reservoir • Water level is at full capacity • Water storage capacity remaining is 100% OWASA Reservoirs • Water level at Cane Creek Reservoir is 9.3" below full • Water level at University Lake is 24" below full • Total remaining water storage capacity is approximately 93.5% • Approximately 340 days of water supply remaining (at yearly average daily demand f9,0 million gallons per dayJ) National Weather ServicelNOAA Regional Precipitation data {inches above [+] or below [-] normal) RDU -6.34" for 2005 -4.79" since January 1, 2006 -1.02" since March 1.2006 Piedmont-Triad -9.94" for 2005 -6.91" since January 1, 2006 -4.19" since March 1.2006 Miscellaneous notes 1. Orange County is within the area that, as of 4 May 2006, was upgraded from the "severe drought" to the "moderate drought "classification as per the NC Drought Management Advisory Council. 2. The OWASA service area remains under the OWASA-declared a Water Supply Advisory {which alerts OWASA customers about potential water supply shortages and providing advanced notice that additional [beyond those specified in OWASA's year- round conservation requirements] water use restrictions could be imposed if supplyldemand conditions da not improve in the near future.