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HomeMy WebLinkAboutMinutes - 20060613 APPROVED 8/22/2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 13, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 13, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen Halkiotis, COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below} NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Jacobs reviewed information at their places. Item 5-a is regarding the NC 57 Speedway. The green sheet is an addition to the consent agenda, item 5-cc, which is a change to call a special meeting for Thursday, June 27, 2006 at 5:30 p.m. at the Southern Human Services Center in Chapel Hill. At 6:00, the Board will begin a discussion of the Central Orange Senior Center draft design of the Adult Daycare Facility. The PowerPoint presentation printout is for item 7-a, the Mill Creek Area Study. The blue sheets are for item 9-c, The Orchard. The shocking pink and other blue sheet are for item 10-b, the Composite Countywide Plan for Parks and Trails. Attachment 5 will be addressed by John Link under Board comments. Commissioner Gordon said that for item 10-b, the correct cover memo was not included, which has something for the Board to adopt. She suggested adding this as item 5-dd. The Board agreed to add items 5-cc and 5-dd. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Jim Dooley was representing the Hillsborough-Orange County Chamber of Commerce and he said that Hog Day is on June 16-17. He said that this is the 24t" running of Hog Day. He brought goodies to the County Commissioners. Commissioner Halkiotis asked if this was going to be the last year at this site and Jim Dooley said that it depends on construction. Commissioner Halkiotis said that he hopes that Orange County has land for them to use. Alice White is a member of the Orange County Board of Health, a member of the Environmental Health Subcommittee, an epidemiologist, and a resident of Orange County for almost 30 years. She spoke about the concern for the lack of clear accountability and a centralized approach to husbandry of water resources in the County. She said that a threat to the ground and surface water is growing through increasing development. She said that the Board of Health believes that it is the ultimate responsibility of the Health Department to promote and ensure water quality in Orange County, that water quality and public health go hand in hand, and that the Health Department has demonstrated its commitment to four critical areas of focus: education, monitoring, risk assessment, and data collection and management. She explained each of these focus areas. She said that centralization and the day to day coordination of these four areas with clear accountability are critical and will support the development of good public policy. She hopes that the County Commissioners will support the position of Water Quality Specialist within the Health Department to assume this role. Sandra Peterson is President of the Friends of the Orange County Public Library and she said that many different people utilize the library system. She said that this year they are focused on a goal of a new library. They are asking the County Commissioners to observe that the future is now and that they can no longer afford the luxury of further delay. The time for a larger central library is now. Keith Cook said that he is here to speak on the proposed tax increase and that he is representing the silent majority. He said that there are homeowners that do not want the tax increase and they can not afford it. He said that they need a reality check and in Orange County not everyone is equal in resources. He said that these families want good schools just as much as those that asked for a tax increase. He said that more money in schools has not necessarily been a benefit. He said that they need to be mindful of the difference in the economic status of many of the citizens. The Town of Hillsborough has the highest percentage of non-high school grads in the County and vicinity. Also, the percentage of the free and reduced lunch program in OCS is 31 °~ compared to CHCCS, which is 12%. The citizens cannot afford the tax hike. He is asking for tax relief for all because all costs are going high like fuel. He said that these families ask the Board to find other ways to fund. He said that there has to a balance and it is important that all get a reality check on what and who is around them. He asked the County Commissioners to please remember when people ask to have their taxes raised, that many cannot afford it. Elaine Parker spoke on taxes. She said that in northern Orange County, there are many widows left with farms and she asked the Board of Commissioners to take this into consideration when they are doing the budget. She said that the farmer does not have anything to replace the money from tobacco. These are the citizens that have been here from the beginning and many are aging and too old to get a job but not old enough to retire. She said that exceptions should be made far one income families and if they lose their homes, they have nowhere to go. The County Commissioners need to take a long look at the original citizens that have been here far generations. She said that she knows that education is important, but we need to take care of our citizens. Billy Poole said that he has the same plea about property taxes. He was born and raised here on a farm and his father is still here, and farmers are having a hard time maintaining their property. He is here to ask the County Commissioners to reconsider the tax increase and to help the farmers. Barry Hicks spoke about water in the northern part of the County. He said that it seems like they are selling out the northwestern part of the County because the development is increasing in this area. He said that they are beginning to form a coalition for safe water. He said that he was disappointed that the Board of County Commissioners was involved in a discussion about selling Hillsborough's water and sewer to Durham. He said that this seems contradictory to sell the infrastructure without looking at the resources available. He said that Seven Mile Creek and Jordan Lake are good resources to look at. He said that for Orange County to even think about participating in selling infrastructure is beyond him. He said that part of the Planning Board is considering having a moratorium on construction. He said that they will be having more of a voice in this area and that the Mill Creek area study is not covering all of the areas that should be studied. He said that he has surveyed people in the Governor's Grove area and every single place he has surveyed has mud in the water. He said that this water cannot support the growth that is allowed to happen in this area. He said that the proposed community water study parameters will cut out the Governor's Grove Area. He said that this area should not be cut out, but should be looked at even more. He said that if the level of the reservoir is raised, it will totally destroy the drinking water in this community. He said that they need to look at getting water from Jordan Lake, which has offered 5.5 million gallons a day. Chair Jacobs said that they are not building a reservoir, it is the Town of Hillsborough and the Town owns its own infrastructure, and it is talking to Durham. Also, Orange County has a one million gallon per day allocation from Jordan Lake and Orange County has held onto it while Hillsborough and OWASA have gotten rid of theirs. Edie Alfano-Sobsey is an Environmental Epidemiologist with the Public Health Regional Surveillance Team in this area. She said that she would like to support the Water Quality Specialist in the Orange County Health Department. She said that water is the most critical natural resource. She said that the time is long overdue to be proactive in protecting the water supply. She said that the Orange County staff have recognized this need far a while and water quality issues impacting the citizens and the environment are complex and require a multidisciplinary approach. She said that the initiative would provide the opportunity to conduct scientific studies on potential water contamination and other water quality issues. She said that she has assisted the County on same water quality studies, such as the Mill Creek studies. She said that when the public has concerns about water, they think of the Health Department. She said that anon-regulatory position would provide a means for citizens to report and receive assistance with their water concerns. She asked the County Commissioners to approve this position for this year. Mark Sobsey is a professor of Environmental Health-Microbiology in the Department of Environmental Sciences and Engineering at UNC. He is a teacher and researcher on public health microbiology of water, wastes, and environmental media. He is also an advisory to the World Health Organization, US EPA, the State of North Carolina, and other entities. He fully supports the Water Quality Specialist position in the Health Department because it will increase the capacity of the Health Department to protect the public from water borne exposures and possible illnesses and responding to water related health incidences. He said that many counties in the country have such specialists. He said that this person could address water pollution, sewage and septic discharges and spills, chemical contamination, and other issues. He said that county health departments are a key resource that people turn to for health related assistance and advice. He said that it seems most reasonable to have this position in the Health Department and to act as a resource far other Health Department staff. He said that he would welcome the opportunity to work with this person by providing technical support and assistance by investigating microbial contamination situations, possible water barns outbreaks, and performing water quality analyses. He said that this position would also provide opportunities for his students. Nancy Halt spoke about the Water Quality Specialist. She said that she wanted to understand the difference between the Hydrologist and the Water Quality Specialist, so she did some research. The definition of a Hydrologist is "a geologist skilled in hydrology; a scientist who specializes in dynamics of watershed functions and land use. Hydrology is the study of movement and distribution of water throughout the earth, and thus addresses the hydrologic cycle and water resources. A practitioner of hydrology is a hydrologist working within the field of earth, environmental science, civil, or environmental engineering." She said that she has had good working relationships with Hydrologists, but this does not connect in any way to community needs. She said that we can always call the USGS (United States Geological Survey) for scientific questions, and that is all the science we need. She said that they have experienced, in their community, working with the Orange County Health Department on potential water pollution issues, and they are very grateful. But it took many people and there was never a single source to come to for issues. Their group, Carolina Concerned Citizens, has worked with communities statewide over the last four years. In every community there has been the same situation with who to talk with in Orange County. She said that it always comes back to the Health Department. She said that there is a definite need in Orange County for a Water Quality Specialist. She said that they should look at this from a community need standpoint rather than a scientific need. She asked the County Commissioners to consider this position of a Water Quality Specialist. Serena Scott said that she is disabled and a landowner and she asked the County Commissioners to say no to higher taxes. She said that those who are disabled can not afford higher taxes. She said that she enjoys living in northern Orange County and her income is fixed and she does not see how she can pay higher taxes. 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 she attended the dedication of the Northern Human Services Center's walking track and many attended that had connections to this site. Commissioner Gordon said that the Orange Unified Transportation Board met for the first time and Karen Lincoln did a good job on the first meeting. Commissioner Gordon reported that the Intergovernmental Parks Work Group met and discussed various issues. They did find out that Hillsborough and Carrboro approved the composite parks plan. Commissioner Gordon said that she was asked to be a panel member in Wake County to talk about school needs and she talked to them about SAPFO and impact fees. Commissioner Gordon said that on May 4th she and Commissioner Foushee brought up the question about tax assistance. Tonight she wants to present a specific proposal for a property tax assistance program. She read a memo describing her proposal, and the memo is incorporated by reference. She proposes to provide some tax assistance to those residents who can least afford to pay their tax bill by implementing a tax assistance program. She asked that staff perform a program feasibility analysis for this type of program. Commissioner Carey said that he commends Commissioner Gordan far this proposal, but his tax relief plan is not to raise taxes at all or to keep them as low as possible. He said that the County Commissioners control the taxes on property and this is the only thing within their control. He is pleased that the people spoke on the taxes and the water resources position because he likes to hear from different views. Commissioner Halkiotis echoed what Commissioner Carey said. He thanked Chair Jacobs for explaining to Mr. Hicks about the water infrastructure and for him to go the Town of Hillsborough to share his concerns. He said that he also does not agree with selling the water and sewer infrastructure to Durham. He said that when they considered watershed restrictions 10-12 years ago, there was bloodshed in the auditorium. He said that this Board has a clear record of voting on the side of watershed protection time and time again. Commissioner Halkiotis said that he had asked about the possibility of including County fuel savings data on agenda face sheets and he thinks this is important. He said that he was reviewing the follow-up action sheet and got dismayed when he saw "review passibility". He said that he never said "possibility." He said that it is not that big a deal. The Sheriff has already implemented some procedures that do not compromise public safety, but have already resulted in a reduction of gasoline use and mileage. He said that he wants to track consumption and put it on same sheet as the water issues update. Commissioner Halkiotis commended Assistant County Manager Gwen Harvey, who was involved in the branding study. He said that he was in awe of the various logos used in Orange County government. He said that $200,000 was spent in fiscal year 2004-2005 on printing and close to $800,000 was spent over recent fiscal years to create or reproduce various items and materials above the existing logos and mission statements. He said that they have warehoused a significant amount of individually branded stuff. He said that when you run as a Board of County Commissioner you do not run on a branding logo, but under the Orange County government logo. He said that there is nothing wrong with the Orange County seal. He is opposed to refreshing the County seal. He praised Assistant County Manager Gwen Harvey. He said that they should appreciate what we have and use all stockpiles and then go with one consistent letterhead. Commissioner Halkiotis said he went to the solid waste convenience center this weekend. He brought a photo of his toilet, which he replaced, and he does not know what to do with it. He said that, according to the Manager's memo, they will leave recyclable items in the shed at the convenience center for three days and if not used, they will be thrown away. He is at a loss as to what to do with this. He said that people that work at the convenience center are tarn and confused as to what they are supposed to do. He said that if they are closing down the convenience centers on Wednesdays, they should get employees in to teach them expectations and haw to deal with the public. Commissioner Halkiotis thanked Susan Levy from Habitat for Humanity and Chair Jacobs, who made comments at the dedication at Richmond Hills. He said that this was a wonderful celebration and he felt good that Orange County government does a lot of good things. Commissioner Halkiotis said that it is easy to have one big income coming into a house and that family asking for their taxes to be raised far education. He said that not everybody has a big income. He said that he has said before that they are reaching a saturation point in Orange County where some people can no longer afford to pay their taxes. He said that not everyone can afford higher taxes and in that spirit, he would like to have the Board endorse letters to both school boards and ask CHCCS how they invested $2,000 and ended up saving $180,000 in energy costs. He would also like to know exactly how much money the OCS really did save. He said that he is confused about this because he has seen many different amounts. He wants to see this in writing and what programs have been implemented to save energy and why there are different numbers. Commissioner Foushee reported that the Daycare Task Force held its subcommittee meetings for all of the focus groups. Lots of ideas have been brought forward and they are having trouble getting representation from the consumers. She said that these are open meetings and everyone is encouraged and invited to attend. Commissioner Foushee said that she agrees with Commissioner Corey's tax relief plan, but even if they are going to hold taxes neutral this year, same have already reached the saturation point. She said that she would support looking into a tax assistance program and the feasibility study. Chair Jacobs said that the Board has already directed staff to work on this over the summer and to came back with information regardless of how they deal with taxes. Chair Jacobs agreed with Commissioner Halkiotis about reporting fuel savings data and he suggested that the staff report to the County Commissioners on June 27tH Chair Jacobs said that the Board did ask at the meeting with the two school systems about energy efficiencies. He agreed that the information should be in writing from both school systems. He would also like to find out how much OCS was able to save by working with Mr. Segal. CHCCS sent its information, but OCS did not. Chair Jacobs suggested that on item 10-a, Justice Facilities Expansion Project Review and Park and Ride Shuttle Service Options, that they delete the park and ride discussion for naw. He would like to confer with the Manager and Vice-Chair to come up with a process far including staff in some kind of small group. Chair Jacobs asked if there was any literature about the Stillhause Creek restoration. If there are materials, they could be used to educate the public. Chair Jacobs reported that there were two economic development meetings. One was the Eno Economic Development District, in which there were additional discussions about creating a small area plan. There was an excellent turnout. Second, there was a meeting regarding the US 70 economic redevelopment possibilities in the Fairview area. This was also well attended. Chair Jacobs said that the Visitor's Bureau had a survey done and Chapel Hill and Hillsborough had very high name recognition and visitor satisfaction ratings. Chair Jacobs said that the Hillsborough Strategic Plan is moving forward and there is another meeting this week. He said that he raised at the last meeting the potential impact of Carolina North with 7,500 jobs and potential demands for residential opportunities, and trying to avoid the possibility of having Hillsborough grow to meet Durham. Chair Jacobs said that they made a presentation at the Carolina North Leadership Council and the comments were generally well received. He said that there was agreement at the last meeting to focus on public transportation. Chair Jacobs made reference to Richmond Hills and asked Susan Levy and Lori Taft to look into the proposed trail between this development and Efland-Cheeks Park. This was one of the promoted features when Richmond Hills was approved. Chair Jacobs said that he received a letter from the Trading Path Association regarding the restoration of Stillhouse Creek, criticizing them for not having done an archaeological survey before they plowed up. He said that, regardless of the truth or fallacy of that statement, that they should do this type of survey for every project that the County develops or participates in. Chair Jacobs made reference to taxation and pointed out that they are still in the process of discussing the budget, and this year was the first time in a few years that people came to talk about the tax burden. He said that the County Commissioners appreciate hearing from everyone. Commissioner Gordon asked what is already being done about the proposed tax relief assistance program. She said that there are people that need tax assistance naw. She said that this was brought up on May 4t" in a general way and she has not heard anything back from that. She was not aware that staff was looking at this proposal. Jahn Link said that he has not instructed staff to work on this yet due to the budget concerns, but if the Board instructs him, they will bring it back by June 27t". Chair Jacobs said that they had originally asked staff to bring back information after the break. Commissioner Gordon would like augmentation of that effort from the legislative committee and she would like to have an outline of the proposed steps to be accomplished so they can all agree what staff is going to do. John Link read the follow up action sheet, which says that the staff is to provide input to the legislative task farce members and that will start an June 6t" Chair Jacobs said that they will try and address Commissioner Cordon's paints. 4. County Manager's Report John Link asked Housing and Community Development Director Tara Fikes to come forward and recognized her for being elected as President of the North Carolina Community Housing Association. The major purpose of this association is to make sure that the local government does a good job of community development. Jahn Link referred to the lavender report from Solid Waste Director Gayle Wilson and Public Works Director Wilbert McAdoo in reference to citizens' complaints about the lack of understanding as to when people are permitted to put items in the salvage shed and also related to used computers in the salvage shed. Wilbert McAdoo said that they have 500,OQ0 visits to Solid Waste Convenience Centers (SWCC} each year and he wants that to be a good experience for every visitor. There have been same recent complaints and one was about harsh treatment by some of the staff. He said that they have ongoing training and counseling of staff and they are going to do some additional customer service and communication training for their staff. Regarding the salvage shed, they have had an ongoing policy that says that they keep items in the shed for three days to give other people an opportunity to retrieve the items before disposing of them or recycling of them some other way. Some of the staff did not fallow that policy and it was reiterated to them. Regarding electronics, the Solid Waste Department had a policy in place for recycling them that did not encourage placing electronics into the salvage shed. Solid Waste Director Gayle Wilson said that they are proposing a modified policy for electronics in the salvage shed, and that is that if a citizen comes into a convenience center with a monitor or CPU to put into the salvage shed, they will be allowed to do sa. If a citizen comes in and conveys to the attendant that they have a fully functioning computer, the attendant will be asked to suggest that it be placed in the salvage shed. Once it is in the salvage shed, the typical rules will be applied and it will be moved to the electronics recycling trailer. This would apply to any electronic item. He proposed this modification to the Board. Wilbert McAdoo said there is another proposed policy change, which is that they will now allow people to bring in full loads of bulky waste as opposed to '/ loads. Commissioner Halkiotis commended the staff for being flexible. He made reference to the statement about data being removed from computers and said that a citizen is responsible for their own personal data on their computers. Gayle Wilson said that they will assist with the hardware in erasing it if it goes into the electronics recycling trailer. If it goes into the shed, then it is at the citizens' own risk. Commissioner Halkiotis asked which company they were using to recycle electronics and Gayle Wilson said Synergy. Commissioner Halkiotis said that the Bureau of Prisons had a huge computer recycling program nationwide and now they are being sued by a number of inmates and supervisors because they were in small, non-ventilated rooms with five-pound sledge hammers, breaking the monitors to get out the lead and other metals and the people were breathing in this poisonous dust. Commissioner Halkiotis said that the majority of employees at convenience centers are good and helpful. He said that a training professional should be brought in so that the employees understand what they need to do and to develop a culture of respect. Wilbert McAdoo told Commissioner Halkiotis that he could bring his toilet and place it in the salvage shed. Chair Jacobs asked for a written report on the proposed policy changes. He said that the Board supports the staff and they want to support an ethic in Orange County to encourage people to recycle. The Board can adopt some point by point policies with a review period and trust that the problems will be resolved. If they are not, then they will revisit it. The Board agreed. 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: a. Minutes The Board approved the minutes from March 15, March 21, April 10, and May 11 of 2006 as submitted by the Clerk to the Board. b. Appointments {1) Adult Care Home Community Advisory Committee -Reappointment The Board reappointed Cary Cornette to the Adult Care Home Community Advisory Committee to a first full term ending September 30, 2009. {2} Affordable Housing Advisory Board -Reappointments The Board reappointed Vivian Herndon-Latta and Alejandro Hansen to the Affordable Housing Advisory Board to first full terms ending June 30, 2009. {3j Hvconeechee Library Board of Directors -Reappointment The Board reappointed Virginia Drill to the Hyconeechee Library Board of Directors to a second full term ending March 31, 2009. {4} Nursing Home Community Advisory Committee -Reappointments The Board reappointed Arthur St. John and Dawn Pickett to the Nursing Hame Community Advisory Committee to first full terms ending June 30, 2009. {5) Solid Waste Advisory Board -Reappointment The Board reappointed Bonnie Norwood to the Solid Waste Advisory Board to a second full term ending June 30, 2009. c. Refund of Real Estate Excise Tax The Board approved a request for refund of real estate excise stamps paid pursuant to the sale of real property in the amount of $764.00 to Mr. Kevin Stewman. d. Orange County Jail Medical Plan and Hillsborough Medical Contract The Board adopted the Orange County Jail Medical Plan and approved the medical health care contract with Hillsborough Medical Group for inmate medical services at the jail facility far fiscal year July 1, 2005 thru June 30, 2006 e. Hvconeechee Regional Library Contract Renewal The Board renewed the contract between the Hyconeechee Regional Library System and the counties of Caswell, Orange, and Person and authorized the Chair to sign. f. Contract Renewal with Town of Chapel Hill for County Provision of Animal Control and Emeraencv Animal Rescue Services (EARS) This item was removed and placed at the end of the consent agenda for separate consideration. c,~. Contract Renewal with Town of Carrbara for County Provision of Emeraencv Animal Rescue Services (EARS) The Board approved a contract renewal with the Town of Carrbaro to provide the Town with emergency animal rescue services during FY 2006-2007 in the amount of $6,000 and authorized the Chair to sign pending final review by staff and the County Attorney. h. Contract Approval with Dr. James Miller, DVM, DBA North Churtan Street Animal Hospital, for Spay/Neuter Services with the Animal Shelter Division of the Animal Services Department The Board approved a contract with Dr. James Miller, DVM, to provide spaylneuter surgery services for Orange County's Animal Shelter at the unit price of $60.00 per surgery during FY 2006-2007 and authorized the Chair to sign pending final review by staff and the County Attorney. i. Contract Renewal with Dr. Marat Dubrovsky. DVM. DBA Nicks Raad Veterinary Clinic. far Spay/Neuter Suraery Services with the Animal Shelter Division of the Animal Services Department The Board approved a contract renewal with Dr. Marat Dubrovsky, DVM, to provide spay/neuter surgery services for Orange County's Animal Shelter at the unit price of $60.00 per surgery during FY 2006-2007 and authorized the Chair to sign pending final review by staff and the County Attorney. L Contract Approval with Summit Engineering for Topographic Survey for New Hope Park at Blackwood Farm The Board authorized ERCD to work with the Purchasing Director in executing a contract with Summit Engineers for the topographic survey of the New Hope Park at Blackwood Farm Park property. k. Contract with Legacy Research Associates, Inc. for a Cultural and Archaeological The Board awarded a contract to Legacy Research Associates, Inc. for a survey of cultural and archaeological resources on the 152-acre property owned by Orange County far the future New Hope Park at the former Herbert Blackwood Farm and authorized the Chair to sign subject to final review by staff and the County Attorney. I. Community and Schools Phase III Tobacco Use Prevention and Cessation Initiative Grant Acceptance The Board approved receipt of the Phase III funds from the Health and Wellness Trust Fund Commission in the amount of $289,000 for the continuation of the Youth Tobacco Prevention Initiative known as Orange County TRU/Tobacco. Reality. Unfiltered. and authorized the Chair to sign. m. Home and Community Care Block Grant for Older Adults Funding Plan far FY2006- 2oa7 The Board approved the recommended Home and Community Care Block Grant for Older Adults Funding Plan for FY 2006-2007 in the amount of $408,977 and authorized the Chair to sign. n. Bid Award: E9-1-1 System The Board awarded a bid for an E9-1-1 Telephone System for Emergency Management to Wireless Communications, Inc. of Morrisville, NC in an amount not to exceed $313,434 and authorized the Purchasing Director to execute the necessary paperwork. o. Bid Award: Window Replacement at Recreation The Board awarded a bid to Ken Moser Company of Raleigh, NC to replace all windows at the Parks and Recreation facility at the Richard Whitted Center for a sum not to exceed $73,917 and authorized the Purchasing Director to execute the necessary paperwork. ~ Bid Award: Skid Steer Loader and Attachments The Board awarded a bid to Triangle Equipment Company of Morrisville, NC for a Skid Steer (Bobcat} loader and Attachments for Recreation for a total of $39,926 and authorized the Purchasing Director to execute the necessary paperwork. g, Bid Award: Roof Replacement at New Courthouse The Board awarded a bid and approved a contract for the replacement of the roof at the New Courthouse, 104 East Margaret Lane, Hillsborough to DFE, Inc. of Apex, NC in the amount of $198,098 and authorized the Chair to sign contingent upon Attorney and staff review. r. Housing Bond Program This item was removed and placed at the end of the consent agenda for separate consideration. s. Community Development Program -Inter-Local Agreement The Board executed an Inter-Local Agreement with Durham County to complete administration of Durham County's Scattered Site Housing Rehabilitation Program and authorized the Manager in consultation with the County Attorney to enter into an Inter-Local Agreement detailing the program administration. t. Amendment to SpartsPlex Management Agreement The Board approved the requested amendment to the SportsPlex Management Agreement approved by the Board on December 5, 2005 and authorized the appropriate County officials to sign. u. Minutes Preparer Agreement The Board approved an agreement between the County of Orange and Becky Butler for the preparation of BOCC meeting minutes and authorized the Chair to sign. v. Property Tax Refund Request This item was removed and placed at the end of the consent agenda for separate consideration. w. Employee Assistance Program Contract Renewal The Board approved renewal of the Employee Assistance Program (EAP) contract with Magellan Behavioral Health for the period July1, 2006 through June 30, 2008 and authorized the Chair to sign. x. Approval of Salary of Orange County Elections Director The Board approved the salary of the new Orange County Elections Director as recommended by the Orange County Board of Elections. ~ Voluntary Agricultural District Designation: Pearson Property This item was removed and placed at the end of the cansent agenda for separate consideration. z. Budaet Amendment #16 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2005-06 for Arts Commission, Department of Social Services, Human Rights and Relations, Visitors Bureau, Health Department, and Sheriff's Department and Orange County Schools Surveillance Equipment Grant. aa. NC Hvw 57 Speedway Area Small Area Plan This item was removed and placed at the end of the consent agenda for separate consideration. bb. Solid Vllaste Operations Center Design -Neighborhood Meeting Follow-up The Board received as information the discussion points noted above from the May 31 neighborhood meeting; directed staff to engage a qualified consultant to conduct a cultural and archaeological survey of the Solid Waste Operations Center property; and endorsed the general project timeline outlined above, including a status report on detailed design of the facility to the BOCC at the August 22, 2006 meeting. cc. Change in BOCC Regular Meeting Schedule This item was removed and placed at the end of the cansent agenda for separate consideration. dd. (was 10-b) Composite Countywide Plan far Parks and Trails This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: f. Contract Renewal with Town of Chapel Hill for County Provision of Animal Control and Emergency Animal Rescue Services (EARSa The Board considered approving a contract renewal to provide the Town of Chapel Hill with animal control and emergency animal rescue services during FY 2006-2007 and authorizing the Chair to sign pending final review by staff and the County Attorney. Commissioner Gordan asked if this was full cost recovery and Animal Services Director Bob Moratto said yes. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to authorize the Chair to sign the contract renewal with the Town of Chapel Hill for Animal Control Services and Emergency Animal Rescue Services in the amount of $75,000, pending final review by staff and the County Attorney. VOTE: UNANIMOUS r. Housing Bond Program The Board considered awarding housing bond funds in the amount of $116,250 to Habitat for Humanity to purchase land in the Highland Woods subdivision in the Northern Fairview community in Hillsborough and authorize the Manager in consultation with the County Attorney to enter into a Development Agreement detailing the provisions of the award. Commissioner Foushee asked Tara Fikes to make a correction in the abstract where it refers to the Northern Fairview Community being located in Chapel Hill. This is located in Hillsborough. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve awarding housing bond funds in the amount of $116,250 to Habitat for Humanity to purchase land in the Highland Woods subdivision in the Northern Fairview community in Hillsborough and authorize the Manager in consultation with the County Attorney to enter into a Development Agreement detailing the provisions of the award. Susan Levy from Habitat for Humanity said that the Town of Hillsborough came to Habitat far Humanity and asked them to become involved in the Fairview community by purchasing lots in the northern community. She said that for the very first time in her experience, they are having a difficult time recruiting families to purchase these homes. She thinks that it is because of the reputation of the Fairview community. She said that Habitat is committed to being involved there and being a part of the solution. They had a meeting last week, heavily attended by the Town of Hillsborough, but there was a request that there be County representation. They are trying to put together a task force to focus attention on Fairview. The property adjacent to and above the lots is County property and they would like to get County representation, either by the County Commissioners or the staff. Chair Jacobs said that the County Commissioners raised an issue about the property in the middle that they thought might be a good recreational space for the neighborhood. Susan Levy said that this was owned by the property owner that is selling Habitat the property. The surveyor, who knaves the property owner personally, was going to approach him to see if he could donate this. Habitat would prefer that it be donated to the Town of Hillsborough so that the Town could maintain it. VOTE: UNANIMOUS v. Property Tax Refund Request The Board considered adoption of a resolution related to one (1) request for property tax refund in accordance with N.C. General Statute 105-381. Geof Gledhill said that this property was originally appraised as asingle-family stick built house, and then it was discovered that the house was a doublewide and not a stick built house. When the appraisal mistake was discovered, the value of the house was changed to reflect the difference. Nancy Brooks is requesting a refund from the period of time from the day it was originally appraised until the time that it was discovered that it was appraised incorrectly. Under N. C. law, this refund cannot be granted because it does not fit one of the strict criteria that the General Assembly has given the Board in order to refund taxes. Chair Jacobs said that they discussed this at agenda review and they do not like this. Nancy Brooks said that she purchased this home in 1997 and she found the mistake just this year and she has been paying the taxes on a stick built home for nine years. She said that this had to be a clerical error and she feels like she should be eligible for a refund. Geof Gledhill said that the most common clerical error is a transposition or a mistake in recording numbers in the database. It is not an error resulting from an appraiser misunderstanding or misreading the property. In this instance, the appraiser made the determination incorrectly that it was a stick built home. This mistake is not clerical. Commissioner Halkiotis asked how this error happened. Tax Assessor Jahn Smith said that prior to the 2005 revaluation, appraisers had mare discretion on how to apply the schedule of values in dealing with a doublewide mobile hams. In 2005, they have more restricted the way that an appraiser can apply the schedule of values in dealing with a double wide. Commissioner Halkiotis asked about the difference in value and Nancy Brooks said that it was appraised at $150,000 and now it is $106,000. John Link said that the Machinery Act was enacted in the 1930's and it has not been changed since then. This is a perfect example of why this act is archaic. The County made a mistake and the best they can do is to let the legislators know. It is called a Machinery Act because they work through machinery in the process, anon-feeling mechanical process of evaluating taxes. He said that in Orange County they need to highlight in their materials to taxpayers that they should beware and look at the tax values. Chair Jacobs asked Geof Gledhill about the legal consequence of refunding this tax and Geof Gledhill said that the tax would be considered not paid and presumably some citizen could sue far the recovery of that tax, and each Commissioner would be personally responsible far the recovery of the tax. Nancy Brooks asked where her tax money went. Geof Gledhill said that the money was put in the general fund. Chair Jacobs said that they do not have a satisfactory answer and there was another problem earlier in the year similar to this. Nancy Brooks said that she has been ripped off for nine years and it is not right. Chair Jacobs said that if they could think of something else to do, then they would do it. He thinks that they should put a big warning in the tax inserts about this. Commissioner Halkiotis asked if there was any other remedy and Geof Gledhill said there is no other legal recourse. He said that the taxpayer could sue for a refund and they would have to prove to the court, and in his opinion what happened in this circumstance does not qualify for either one of the three reasons that the statutes provide. Chair Jacobs said that they could help Nancy Brooks by not contesting her lawsuit and Geof Gledhill said perhaps. Chair Jacobs said that the County could decide not to send its attorney to court and the judge might decide in Nancy Brooks' favor. ~ Voluntary Agricultural District Designation: Pearson Property The Board considered an application from (William) Adrian Pearson for certification as qualifying farmland within the Caldwell Voluntary Agricultural District. Chair Jacobs wanted to thank Mr. Pearson for putting this property into the Voluntary Agricultural District. He asked how many acres it was and ERCD Director Dave Stancil said 50 acres, which brings them to around 2,180 acres in the program. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve an application from (Vltilliam) Adrian Pearson far certification as qualifying farmland within the Caldwell Voluntary Agricultural District. VOTE: UNANIMOUS aa. NC Hwy 57 Speedway Area Small Area Plan The Board considered authorizing Planning and Economic Development staff members to develop a Small Area Plan process for the NC Highway 57 Speedway area. Chair Jacobs said that the first meeting of this group is the last of the Board of County Commissioners' meetings before the break. He said that the County Commissioners keep asking staff to please not schedule meetings without checking the schedule. He asked the staff to bring this back with a different schedule. Planning Director Craig Benedict said that this was probably a clerical error. Commissioner Gordon asked about the group and how the County Commissioners were going to appoint this group. Craig Benedict said that they want to call a group of citizens together for a few months and then later in August officially appoint them as members after the ad hoc committee meets. Commissioner Gordon said that the Board needs to appoint this committee and it does not say in the abstract how this will happen. She said that she would like to see some applications. Craig Benedict said that they were fashioning this similar to the Eno Economic District where there were a few community meetings and they asked for volunteers. Commissioner Gordon said that this is a plan and it requires some commitment. She would like to see them hold the outreach meeting and then let people apply and the Board appoint them. Chair Jacobs agreed with Commissioner Gordon and said that if they can agree to advertise tonight far positions, then they can appoint people on June 27t". The Board agreed. cc. Change in BOCC Regular Meeting The Board considered making one change in the County Commissioners regular meeting calendar for the year 20Q6. Commissioner Carey said that he received this information and realized that he had a conflict on June 22"d at 5:3Q p.m. The Board decided not to proceed with this item. dd. (was 10-b) Composite Countywide Plan for Parks and Trails The Board received the Composite Countywide Plan for Parks and Trails from the Intergovernmental Parks Work Group far possible future consideration and adoption as a planning reference document. Chair Jacobs made reference to page 5 and asked if they had the most accurate data. He does not think that 28 acres of parks for Hillsborough is accurate. Dave Stancil said that the table on page 6 was written before the grant was approved for Hillsborough. This does not reflect the significant activity that has taken place in the last couple of months. A motion was made by Chair Jacobs, seconded by Commissioner Gordan to adapt the Composite Countywide Plan for Parks and Trails from the Intergovernmental Parks Work Group as a planning reference document, with a change to update the acreage. VOTE: UNANIMOUS 6. Resolutions ar Proclamations-NONE 7. Special Presentations a. Final Report Mill Creek Road Area Studies The Board received information on the results of the cancer prevalence assessment and water quality assessment in the Mill Creek Road area. Rosemary Summers made a PowerPoint presentation. She thanked staff for their work and Mr. and Mrs. Holloway far persistence in securing applications for the water testing. All of the developed properties have wells. She showed the area on a map. The selection of the study area was based on the initial cancer list provided by the Holloway's. There were 133 households in the study. In order to maintain the independent results, the study design included separate studies for cancer rate assessment and for water quality. Because of the difficulty in true assessment of cancer rates by accessing confirmed diagnoses, it was decided to request a cancer cluster study by the North Carolina Cancer Registry. The Health Department survey would provide supplemental confirmation in a smaller area if potential problems were identified by the cancer registry. The cancer assessment had two components - a telephone survey conducted by Health Department staff and the study requested of the cancer registry, which included the northwestern area of Orange County. The results of the cancer registry study were compared with rates found across North Carolina and the Health Department study. Out of the 133 households, surveys were completed for 86 households, 19°~ were reached but declined participation in the survey, and 19% of the households were not reached at all. In the 86 households surveyed, there were 198 persons that were represented. They found 29 cases of cancer and 14 different types. Twenty-eight people of the surveyed population reported a cancer diagnosis, and one person reported two different types of cancer. Fifteen of the people are deceased, 11 are in remission, and two currently have cancer. The cancer registry study area is quite a bit larger because they use census blocks. The study showed that, except for melanoma, Orange County overall rates are generally the same as the state rates and below the state rate for lung cancer. The Health Department study was apaint-in-time study and did not take into account former residents in the area. The survey overall yielded a 65°~ completion rate, which is high. However, they were unable to verify the cancer diagnoses either through medical records or other official means. Given the data, the cancer assessment conclusions are that this is not a cancer cluster area and that no further study is indicated. The second part of the study was the water quality assessment. All households in the study area were offered the opportunity to complete an application far a water assessment and an air radon assessment. Only households that returned a completed application were included in the sampling process. One hundred applications were returned. Only environmental health specialists were involved in the samples. The samples showed that this area is experiencing bacteriological contamination at about the same level as the rest of the County, which is about 30°~. The households that showed problems of this type have received instructions on how to do a chlorination of the well to enable the bacteria to come to lower levels. The next parameter was inorganic, which is iron. Thirty percent of the wells in the study area had elevated iron while 47°~ of the wells overall in the County have elevated iron. The next area is arsenic. Mill Creek is actually better off than the rest of the County for arsenic. Five percent of the wells have levels above the .001 level and 14°~ of Orange County wells overall show this same level. Manganese levels above .05 milligrams per liter can turn well water black ar brawn and stains plumbing fixtures. There are no health risks associated with it. Ten percent of the Mill Creek households had elevated levels and 27% of the wells overall in Orange County experience high levels. Regarding the pH level, 14% of the households have acidic water. Regarding radon, the number of households experiencing elevated levels of radon was about the same as the rest of the County, which is about 30°~. Radon is more of a concern in air than in water. There were no elevated radon in air levels indicated in the study area. Only a third of the homes were tested for radon in air because it took two site visits and community members were not available to have this done. Reports and recommendations when received were sent to well owners. They are in the process of offering limited camera services to follow up on certain owners that had particular problems with their wells to help them diagnose the problem. Follow up sampling and consultation were offered and some people took advantage of this. They did not identify any long-term health risks from the water study. The ground water appears very typical for Orange County. There are some aesthetic issues, though. Commissioner Halkiotis asked what constitutes an old well and Rosemary Summers said anything before 1980. Commissioner Halkiatis said that he has talked with people with wells from 1950. He said that a lot of people were drilling wells back then and it was an unregulated industry. Rosemary Summers said that the Board of Health in 2003 instituted an extra depth of casing on wells because they found that wells that were more shallow than 50 feet had higher levels of bacteriological contamination. They have learned a lot through the years. Commissioner Halkiotis thanked her and said that a lot of these concerns were similar to the ones of the Rogers Road community. Commissioner Carey said that when this issue was first brought to their attention, the Health Department went over and beyond the call of duty to assist citizens with their concerns. Rosemary Summers said staff is working with homeowners with residents that have higher levels to see if there is a treatment process to improve the situation. Chair Jacobs said that on behalf of the Board they appreciate how well the Health Department worked with the community. Barry Hicks commended the Health Department for what they did, but the homes in the Mill Creek area are older homes. He said that they are still having problems and his water runs orange after it rains and he has a filter. He said that they have bad water in this area. He said that the Health Department looked at this as a health problem, but they have more problems because of the tap water runoff. He said that they need to find out where the top water runoff is coming from. He has surveyed people in his community and has found that everybody has to have a filter system. He said that this is only the beginning of this problem. He said that the quality of water there is totally unacceptable and not drinkable. Chair Jacobs said that the next item on the agenda was to address some of these issues. b. Proposed Community Water Study Parameters The Board considered parameters for future community water studies. Rosemary Summers said that in their packet they have draft water study parameters. She said that the approach they tried to use was, as the Health Department, they would put public health first in terms of assessing any kind of disease factor or an environmental condition that may cause a health concern. She made reference to page 3 of the abstract, Policy 1.2, Wastewater and Well Water Studies, which outlines several bullet paints. She read the bullet points. Their proposal is that communities need to meet the first bullet, which is "surveillance data or other confirmed and documented medical or scientific reports that indicate potentially environmentally caused or transmitted disease prevalence at abnormal levels in that community." Communities would also need to meet three of the remaining bullets to be considered for a community study. She feels that the Health Department could handle less than or equal to $250 for any particular special study. Anything greater than that will depend on the given budget year. Beyond $2,500 she would seek Board approval for the study. The cost figures da not include County staff, which is the mast expensive part of the study costs. Rosemary Summers made reference to pages 5-6, which is the Governor's Grove subdivision study. They are not recommending a full suite of water samples, but only bacteriological and inorganic water samples. This would give a snapshot of wells in the perimeter. The second study methodology is for the community, which they are defining as 82 homes. She said that they do not see any indication of high bacterial issues in that area, but there is significant residue and other complaints in this neighborhood. They do not believe that this is a health concern. Commissioner Gordan suggested that the Board approve one of the studies for the subdivision. With respect to the policy, she would like the Board of Health to clarify the reasons for the retrospective and prospective parts of the policy. She wants to approve the study immediately. Commissioner Carey agreed that they need to mane ahead with methodology #1 for Governor's Grove. Commissioner Halkiotis asked when all of these water problems started and Rosemary Summers said that they first heard about it when they were doing the Mill Creek Road study. Commissioner Foushee supported methodology #1 and she asked how long it would take to complete the study and Rosemary Summers said pretty quickly if they get cooperation of homeowners. Chair Jacobs asked Rosemary Summers to meet with Barry Hicks and talk about the history of these water problems. He agreed to support methodology #1. Regarding the policy, he does not think that the feasibility study to explore public water and sewer extensions is within their purview. He proposed removing this. Rosemary Summers said that often the feasibility study is what is behind the request to the Health Department to study water. This is really what people are asking for and not a health Study. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve methodology #1 for the Governor's Grove community and to send the water parameters policy back to the Board of Health for clarifications. VOTE: UNANIMOUS c. Purchase of Art Work by Orange County Artists for County Buildings The Board received a report on the results of the recent "Call for Artists: Purchase of Existing Work" art competition. Martha Shannon with the Orange County Arts Commission said that at the Southern Human Services Center, Sarah Craige has almost finished the mural and it will be installed in July. Also, the Central Orange Senior Center piece is almost finished. She said that they established a competition in the Spring, and she introduced Gordan Jameson, an Arts Commission member. Gordon Jameson said that he is at the end of his term on the Arts Commission. He said that the competition generated 50 eligible responses from Orange County artists. The process included paring it down and they ended up with six pieces by five artists. The pieces will be rotated around different buildings and offices. Martha Petty thanked the County Commissioners for purchasing her art. Martha Shannon said that they would like to put these images on the Orange County Intranet site for Orange County employees to look at them to see if they might want to locate any of the pieces at their sites. d. Homestead Road Campus Master Plan Approval The Board was to consider approval of a conceptual master plan for the Southern Human Services Center (SHSC) property and provide direction to staff an next steps. DEFERRED $. Public Hearings-NONE 9. Items for Decision--Regular Agenda a. Consideration of a Resolution on District Elections for the Board of County Commissioners for a November 2006 Referendum The Board was to consider approval of a Resolution on district elections for the Board of County Commissioners for a November 2006 referendum based on Board consideration of district elections since January 2005 and provide any comments, questions, and any further direction to staff. DEFERRED b. New Hope Park at Blackwood Farm - Preliminary Concept Plan The Board was to review and approve a Preliminary Concept Plan far the upcoming New Hope Park at Blackwood Farm master planning process. DEFERRED c. The Orchard -Preliminary Plan The Board was to consider the Preliminary Plan for the Orchard Subdivision. DEFERRED d. Authorization to Release One-Time Supplemental Funding to OPCILME to Facilitate Divestiture of Orange County Outpatient Services The Board was to consider authorizing the release of a one-time County supplemental appropriation in the amount of $131,797 to OPCILME to facilitate the divestiture (transfer} of the Northside Adult and Child Outpatient Clinics in Chapel hill and the Family Counseling Center in Hillsborough services to the Caring Family Networks (CFN}. The formal transfer of operational management took place on June 1, 20Q6. DEFERRED e. Appointments DEFERRED Orange Water and Sewer Authority Board of Directors -New Appointment The Board was to consider making one new appointment to the Orange Water and Sewer Authority Board. 2~ Nursing Home Community Advisory Committee -New Appointments The Board was to consider making appointments to the Nursing Home Community Advisory Committee. 3~, Boards County Commissioners Serve On The Board was to consider the list of boards and commissions on which the Board of County Commissioners members serve and select those boards on which the BOCC wishes to continue serving. 10. Reports a. Update on Justice Facility Expansion and Downtown Hillsborouah Parkin Study The Board was to receive information regarding the status and endorse the committee generated plans for the status of the Justice Facilities Expansion Project: and consider options for the park-and-ride/shuttle service to the downtown Hillsborough County campus. - DEFERRED 11. Closed Session-NONE 12. Adjournment Chair Jacobs said that they will try to get to the deferred items in the next few weeks during work sessions. Chair Jacobs suggested adjourning the meeting to Monday, June 19, 2006 at 5:30 p.m. at the Government Services Center in Hillsborough. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adjourn the meeting to Monday, June 19, 2006 at 5:30 p.m. at the Government Services Center in Hillsborough at 10:37 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna 5. Baker, CMC Clerk to the Board