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HomeMy WebLinkAboutMinutes - 20061102 APPROVED 1 21412 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 2, 2006 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, November 2, 2Q06 at 7:OQ 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: Interim County Manager Rod Visser, Assistant County Manager 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 Chances to the Agenda Chair Jacobs went through the items at the County Commissioners' places. PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda Jamie Daniel is a candidate for County Commissioner. He said that during the last election in 2004, his wife almost died and was taken to Duke Hospital by ambulance provided by Orange Rescue. He said that he learned a lot about the rescue squad, which has gone without public funding since 1968. He said that over the last few years the Squad has come to the Board and asked on several occasions far help and has been denied. He said that he has joined the Rescue Squad since then. He said that it is a misconception that the Rescue Squad is funded with tax money. He challenged each of the County Commissioners to ga out and see haw the Rescue Squad works. He asked the Board to please fund the Rescue Squad. Brian Matthews, Chief of Orange County Rescue Squad, said that the squad has been in service since 1968 and has never gotten direct funding from the County. There have been contracts with the County for leasing the building and providing transport services, but it was always a cost for something that the County needed from the Rescue Squad. He said that the Squad has always assisted the County. In the past four years, the Squad has been seeking funds from the County and have been passed over. Atone time, the Squad was told to wait an the Sage report, and it was not a good report. He said that the only valid thing in the report was that the Rescue Squad services needed to be funded. He said that the Rescue Squad was put under Emergency Management and neither he nor his members agreed with that. The Rescue Squad prefers to be an independent agency just like all of the other fire departments and just like South Orange Rescue Squad. He said that he projects that the Rescue Squad needs $100,000 to move forward and make it through July 1St, when the next budget cycle comes around. He asked for the Board's support. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Foushee said that she received by certified mail today a request that the County look into a piece of property that allegedly belongs to the County. It is located on NC 49, and it is a former ABC store. The letter states that the building is in a state of disrepair and the grounds around it is unkempt. She asked staff to bring information back as to why the area is so unkempt. Commissioner Halkiotis agreed with Commissioner Foushee. He would like the Manager to contact the ABC manager and see if there are any other properties owned by the County that are long forgotten. Commissioner Halkiotis said that two weeks ago he attended the County's Government Wellness Fair at the Big Barn and he praised Personnel Director Tyrone Jackson and his staff. He was very impressed by the event. He said that Elaine Holmes left awell-oiled machine and the Personnel Department is doing a great job far its employees. Commissioner Halkiotis said that he and Chair Jacobs attended the RSVP luncheon at the Friday Center two days ago, and he praised the Department on Aging. Commissioner Halkiotis said that he went to the Planning Department yesterday and took pictures of the department. There is a light there that has been burning for over a year and an employee has been trying to get Duke Power to come out and fix it to no avail. He praised the employee for trying to resolve this wastefulness. He thinks that Duke Power should be ashamed and embarrassed for showing total disregard for the environment. Commissioner Halkiotis referred to the handout on the North Carolina Vietnam Helicopter Pilots Association, which is based in Hillsborough on Franklin Road. He said that out where he lives, there are several helicopters. He said that the owners of these helicopters have received information that they have never been recognized as an official veterans' group by the Department of Defense, even though there is an affidavit from the Secretary of State in North Carolina in April 1989. He said that he is willing to put together a resolution with the Clerk for the next meeting, to encourage Congressman Price to help these people keep the helicopters. He said that this group is based in Hillsborough and it does educational programs and brings history to the people. Commissioner Halkiotis thanked Chair Jacobs and the entire Board of County Commissioners for supporting Chair Jacobs when he represented the Board of County Commissioners on the state panel that selected new voting machines. He said that the machines Orange County got have a paper trail. Chair Jacobs pointed out that Verlo Insko and Ellie Kinnaird were also on this committee. Commissioner Carey said that the Board appointed him to the committee that is working on the ten-year plan to end homelessness in the County, and this committee met last night and reviewed the elements of the draft plan. The Board should be receiving a copy of the draft plan far review and comment in the next month or sa. One of the elements of the plan is a recommendation from the committee on the structure for implementing the plan and monitoring the implementation process. The Board and the towns will probably be asked to provide some support for implementation of the plan. He would support this. Commissioner Carey said that the District Election Task Force Education Committee has met and many have confused the Chatham and Orange district elections referenda. He said that a poll that was taken by one of the newspapers might have been skewed because of this confusion. There were commitments from members of the task force to engage in certain activities to try to educate the public. He encouraged all of the public to support the district elections referendum for the election of Orange County Commissioners. He thinks that the County has more to gain by adopting this than it has to lose. Commissioner Carey reported that the committee to review and develop a small area plan far the Rogers Road community is planning on meeting soon. Commissioner Gordon said that she attended several meetings including the Recreation and Parks Advisory Council; the Greenway Summit in Carrbora--Carrboro is trying to come up with a program for greenways; the Inter-Faith Council -the concept for the men's residential facility was explained; the Transportation Advisory Committee -now is the time for the regional transportation bodies to adopt work plans and discuss the transportation improvement projects that will be constructed, etc.; and the Rural Planning Organization -there was discussion about the TIP here as well. She said that after the RPO meeting, she spoke with the District 8 Engineer and queried him about the driveway permit on the ChathamlOrange County line for a potential development. The Metropolitan Planning Organization had sent a letter asking about that and the Engineer said that there has been no formal application for a driveway permit with the developer. Chair Jacobs said that the Justice Facilities expansion received approval last night from the Hillsborough Historic District Commission. Chair Jacobs reported that on November 20`" the Board would hear an update on the Hillsborough Strategic Growth Plan. Chair Jacobs said that he is chairing the Triangle J Legislative Goals Committee, and if the County Commissioners wants this committee to address areas of interest, the committee is meeting again on November 13t". He said that there is increasing interest to create a forum far discussion relating to the Latino population to address alarms that are being raised about immigrants. Chair Jacobs said that he received a question from a citizen about why the TTA buses sit and idle for long periods of time without turning off the engine. He said that he asked the OPT Director AI Terry, and these engines are turned off. He asked Commissioner Gordon to find out about this since she is the TTA representative. Chair Jacobs said that the Carolina North Leadership Advisory Committee would have a retreat on December 16t" Chair Jacobs reported that he, Commissioner Halkiotis, and the Manager met with the Mebane Mayor, Mayor Pro Tem, and Manager. Orange County offered and Mebane accepted having Orange County staff to go to a Mebane City Council meeting to introduce the Lands Legacy program. Also, the Efland-Mebane Small Area Planning Work Group's recommendations were relayed to Mebane. Chair Jacobs said that there was also the Eno River Confluence I I meeting and it was well attended. There was a proposal to reallocate withdrawals that are no longer being used by Piedmont Minerals to the Eno River. He has offered to write a letter to Piedmont Minerals on behalf of the Board of County Commissioners. Chair Jacobs reported that he and Commissioner Faushee met with representatives of non-profit affordable housing organizations regarding land banking and how to do it legally. He said that there is something called the Orange County Housing Authority, which has met once in the last 2d years, and it is authorized to buy and convey property for housing purposes. The Board will be hearing something in December or January about how to make this work. The County Commissioners comprise the Housing Authority. Chair Jacobs thanked Commissioner Halkiotis for mentioning the voting machines. Commissioner Halkiotis asked about the stream flaw in the Eno River and the old agreement specifications not being enough. He asked the County Engineer to look at the two deep wells that Orange-Alamance drilled on the banks of the Eno River and what impact this had. Chair Jacobs said that there were unresolved questions from last April's Eno Confluence and there will be another one next April. This information could be brought back before then. 4. County Manager's Report Rod Visser asked Health Director Rosemary Summers and her staff to come forward to be recognized with her Child Health Audit Team. This group won the Child Health Team Outstanding Achievement Award for the Women's and Children's Section of the North Carolina Public Health Association with citations for collaborating between nursing and social work and delivering services to children, thorough and well-written program protocols, networking with community partners around child health concerns, and a strong chart audit program with a peer review approach. Rosemary Summers introduced the team. The team is led by Clinical Services Supervisor Kathy Glasset. Dawn Green is the Clinic Manager at the Whiffed Clinic and is responsible for the protocol development. Yvonne Upshur runs the Health for Kids program. Becky Herman is the Supervisor of Family Home Visiting Section. Sandy Garret and Dale Renfro were both absent. Rod Visser said that he received a report from the Director of Elections about how well early voting is going. Rod Visser said that Emergency Management Director Jack Ball announced his resignation several weeks ago. He said that he very much appreciates the professionalism and dedication that Jack Ball brought to his work for Orange County for two years. He said that he has asked the Deputy Director of Emergency Management Kent McKenzie to serve as the Interim Emergency Management Director. Rad Visser said that there was discussion at the last County Commissioners' meeting about the six-mile fire district maps. The staff has been working on developing sample maps that would show six-mile maps so that citizens that live within six miles of a fire station should be able to receive better rates on fire insurance. Rod Visser reported that the compressed natural gas station at the Public Works site in Hillsborough should be up and running by the end of November. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a, Minutes -None b. Aanointments -None c. Jail Inspection Report The Board received the jail inspection report for August 30, 2006 from the North Carolina Department of Health and Human Services. d. Property Tax Releases The Board adapted 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. e. Property Value Changes The Board adopted a resolution, which is incorporated by reference, approving value changes made in property values after the 2006 Board of Equalization and Review has adjourned. f. Applications for Property Tax Exemption The Board approved four (4) untimely applications far exemption/exclusion from ad valorem taxation for the 2006 tax year. g_ Carrboro High School Financing Resolution The Board adapted a resolution, which is incorporated by reference, that provides for final approval of the installment-financing component of the Carrboro High School project that is under construction in the Chapel Hill-Carrboro City Schools (CHCCS) system. h. Budget Amendment #5 The Board approved budget ordinance amendments far fiscal year 2006-07 for the Health Department, Department on Aging, Animal Services, and Visitors Bureau. i. Housing Rehabilitation Contract Awards The Board awarded three housing rehabilitation contracts for the CDBG Hauling Rehabilitation Program administered by the County far the Tawn of Chapel Hill as follows: 500 Gomains Street, Chapel Hill for $30,380 to Triple J Construction Co. 314 Lindsay Street, Chapel Hill far $43,510 to William Long Construction Co. and for $13,541 to Eastern Environmental L Approval of New Fee for Gardicil Vaccine for Health Department The Board approved a new fee of $130 for the Gardicil vaccine for the Health Department. k. Work First Block Grant Local Plan The Board approved the two-year Wark First Plan far 2007-2009. I. Work First Pilot Funds The Board accepted grant funds from the Division of Social Services and allowed Social Services to implement the strategies outlined in the pilot proposal. m. NC Department of Correction Grant Award and CJPP Continuation Contracts This item was removed and placed at the end of the consent agenda far separate consideration VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: m. NC Department of Correction Grant Award and CJPP Continuation Contracts The Board considered receiving Criminal Justice Partnership (CJPP) implementation grant funds totaling $176,538 from the NC Department of Correction and approving contracts for the continuation of local services and authorizing the Chair to sign contingent upon final review by staff and the County Attorney. Trish Hussey signed up to speak on this item, but she thought that she was signing in and not signing up to speak. She supports this item. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to accept the grant award and authorize the Chair to sign contingent upon final review by staff and the County Attorney and approve the contract with Freedom House and authorize the Chair to sign contingent upon final review by staff and the County Attorney. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution to Declare December 9, 2006 as Reverend John R. Manley Day in Oranae County The Board considered a resolution to declare December 9, 2006 as Reverend John R. Manley Day in Orange County. Commissioner Carey said that Rev. Manley could not attend tonight, but he will take the resolution to Rev. Manley on the event date. He read the resolution. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION TO DECLARE DECEMBER 9, 2006 REVEREND JOHN R. MANLEY DAY WHEREAS, Saturday, December 9, 2006 is being designated as "Rev. Jahn R. Manley Day" in Orange County, North Carolina; and WHEREAS, Rev., John R. Manley, pastor of First Baptist Church in Chapel Hill, Orange County, North Carolina, has been a strong advocate for the needs of the people in Orange County for over sixty years; and WHEREAS, Rev. Manley, wha has served as the pastor of First Baptist Church for 60 years, and is celebrating his 60t" Anniversary as pastar; and WHEREAS, Rev. Manley's dedication and commitment to First Baptist Church extended beyond the walls of the church into multiple activities that have greatly benefited the multitudes of people in Orange County, North Carolina, and the USA; and WHEREAS, Rev. Manley was the first African-American elected to the Chapel Hill-Carrboro City School Board and held membership on many boards, committees, commissions, and organizations in Orange County and North Carolina; and WHEREAS, Rev. Manley has been President of the local NAACP, former President of the Ministerial Alliance of Chapel Hill/Carrboro; recording secretary of the General Baptist State Convention of North Carolina; President of the State Convention of North Carolina; President of the General Baptist State Convention; Chairman of the Chapel Hill-Carrboro Anti-Poverty Program; former moderator of the New Hope Association; and founded the First Baptist and Manley Estates Senior Housing facility; and WHEREAS, Rev. Manley has helped provide advice on many state boards and commissions including; Vice Chairman of the Governor's Council on Sickle Cell Syndrome; member of the Employment Security Commission of North Carolina; member of Governor James Hunt's Health Care Committee: and WHEREAS, Rev. Manley continues to give his time and talent to the continued growth and progress of Orange County and its surrounding communities; NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners does hereby proclaim Saturday, December 9, 2006 to be REVEREND JOHN R. MANLEY DAY In Orange County and urges citizens to join in honoring Rev. Manley and his many contributions, and to participate in the many activities that are planned on Saturday, December 9, 2006 in his honor. This, the 2"d Day of November 2006. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve a resolution to declare December 9, 2006 as Reverend John R. Manley Day in Orange County. VOTE: UNANIMOUS 7. Special Presentations a. Report on the County's Efforts and Ability to Serve Limited English Proficient fLEP) Populations The Board received a status report regarding LEP populations in Orange County, the County's efforts to serve LEP populations to date, and recommendations to improve service to LEP populations and provide comments, direction, ar questions to County Staff. Human Rights and Relations Director Milan Pham introduced Marilyn Valeiko, the LEP Coordinator for Orange County. She said that Orange County is one of the first counties in the state to handle the issues of limited English proficient individuals by creating a coordinator position. Marilyn Valeiko made a PowerPoint presentation. LEP Population in Orange County Marlyn Valeiko LEP Coordinator Orange County Department of Human Rights and Relations Limited English Proficiency LEP ^ What does it mean to he Limited English Proficient or LEP? ^ What is Title Vl? ^ Why is LEP important to Orange County? ^ What is Orange Gounty doing to address this issue? What does it mean to be Limited English Proficient or LEP? LEP means a person that does not speak English as a primary language, and that has a limited ability to read, write, speak, or understand English. What is Title VI? These individuals are entitled to language assistance according to the Department of Justice under Title VI of the Civil Rights Act of 1964. This is a federal law that protects individuals from discrimination on the basis of their race, color, national origin in all programs that receive federal financial assistance. Why is LEP important to Orange County? Title VI requires that all agencies -public and private -receiving any federal funding (even $1} provide meaningful access for limited English proficient individuals who are 5% of the population or 1,000 individuals, whichever is less. Demographics ^ Orange County had a population of 118,000 according to the Census of 2000. ^ 4.5% of that population was Hispanic. ^ 4.1 % was Asian. ^ 11 % of the total population spoke a language other than English at home. ^ 19% of Spanish speaking households were linguistically isolated. ^ 34% of Asian Pacific Islander households were linguistically isolated. What is Orange County doing to address this issue? Orange County Departments (OCD) OCD were asked to identify resources and barriers to serving LEP communities. The items listed below reflect the top resources and barriers identified by those Deparments. Resources ^ LEP Coordinator - S urvey Spanish Assessment Tool -Report Resources ^ Spanish-speaking employees ^ Contract interpreters, translators, and language line ^ Translated materials ^ Community volunteers Barriers ^ Language ^ Culture ^ Lack of adequate community contacts ^ Lack of enough Spanish-speaking staff ^ Fear According to surveyed Orange County Departments, the County serves ^ Average 430 Latinos a week ^ Average 1, 720 Latinos a month ^ Average 20,640 Latinos a year Recommendations ^ Build staff capacity to provide service to LEP communities by hiring more individuals that speak mare than one language and increase training for existing employees . ^ Provide notice to LEP communities that service is available. ^ Increase representation of LEP communities on volunteer advisory boards and commissions. ^ Strengthen policies designed to reduce the impact of language and cultural barriers for LEP communities. Recommendations ^ Conduct aggressive outreach in LEP communities. ^ Build relationships that inform and strengfhen the existing government resources and leverage knowledge and resources to reduce the impact of the LEP cammunities' barriers in Orange County, ^ Enhance and continue the County's training and Development program, Conclusion This study attempts to make Orange County aware of the existance of its graving LEP communities. With this awareness, the County will be better equipped to provide quality service to all its residents now and better prepared for the increase of its LEP communities over the next decade. Commissioner Foushee asked about the number of translators and interpreters and the amount of funding for these positions. She made reference to the report that showed that between DSS and Health, that $36,000 has already been spent to fund translators or interpreters. She asked if there are other alternatives to provide the same type of services in a different way instead of doing it by in a piece meal. Milan Pham said that other localities with large LEP populations have dedicated LEP staff and certified interpreters. Commissioner Carey asked about recommendations and page 22 at the top (20 on the bottom) and items `c' and `d'. He said that he generally supports all of the recommendations, but he would like to see more information on items `c' and `d'. He would like more information on the thresholds far item `c'. Also, for item `d', he said that this is a great idea in concept, but he thinks that there is a possibility for collateral impacts and unintended consequences of salary incentives for multi-lingual employees. Commissioner Carey made reference to page 23, number 3, and said that he thinks that as much as possible should be done to increase representation of the LEP communities an volunteer boards and commissions, but he would like to encourage all minorities to serve on the boards and commissions. He asked that African Americans be included in the recruitment efforts. Chair Jacobs supported comments about trying to look further into some of the ideas that were brought up by the County Commissioners. b. Upper Neuse River Basin Association The Board received a presentation from Chris Dreps, the Coordinator of the Upper Neuse River Basin Association (UNRBA) and its request for additional funding. Chris Dreps is the Director of the UNRBA and this organization is one of 13 local governments in the Falls Lake Basin and their purpose is to protect water supply. Orange County has been a member since the beginning in 2003. He acknowledged that Commissioner Carey and Chair Jacobs have been board members at one time or another. Commissioner Carey is the current board member. He said that Orange County has been a strong member of the UNRBA and they use Orange County's regulations as examples to others. He said that he is here tonight because the State Division of Water Quality is now studying the upper portion of Falls Lake and is conducting a nutrient management strategy process, which will result in regulation. The regulation is aimed at reducing the amount of nutrient and sediment pollution that enters Falls Lake. Initial findings from fieldwork are showing high levels of tribidity and nitrogen. This is similar to a process going an at Jordan Lake, which is leading to Federal Clean Water Act Total Maximum Daily Load requirements. The difference in Falls Lake is that there is now State law in place that will make the nutrient management strategy at Falls Lake State law as of July 1, 2449. Orange County will receive an allocation, which can limit the amount of runoff and nutrient pollution from all new development, as well as from point sources like wastewater treatment. This will be done in two and a half years, and the State has no plans to do this by the stakeholder process. He is concerned about this and the UNRBA went to the State to ask for a stakeholder process and DENR came up with some of the money fora 13-month stakeholder process. The request was for $51,404 far the stakeholder process. The State funded $15,444 out of $51,440. Orange County's portion would be $3,835. He said that all of the other counties have sent checks and he would like far Orange County to participate in this with funding. He said that this is a good thing for Orange County and Falls Lake. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the funding request of $3,835. VOTE: UNANIMOUS Chair Jacobs made reference to the Nutrient Trading Program and said that the County Commissioners have several times approached the City of Durham about helping to work in conservation easements in the watersheds, which the County protects far Durham and Orange County, and Mayor Bell mentioned that Durham might be interested in the Nutrient Trading Program. Rod Visser said that staff would bring a budget amendment to the next County Commissioners' regular meeting and identify the funding sources. $. Public Hearings a. Public Hearing and Consideration for Approval: Expanded County Campus Proposal The Board received public input regarding the development of an expanded county campus in downtown Hillsborough; considered approving and authorizing the Chair to sign an Agreement of Intent to purchase the Project as defined in the Agreement of Intent; considered leasing with option to purchase the Auxiliary Project as defined in the Agreement of Intent; and considered exempting the professional design services and construction manager at risk contracts from the qualifications-based selection process as allowed by G.S. 143-64.32; and considered authorizing the Chair to sign the Agreement of Intent. Purchasing and Central Services Director Pam Jones made a PowerPoint presentation Orange County Expanded County Campus Public Hearing November Z, 2006 The Need • 2404 Space Study - Inventoried existing departmental space - Projected needs through 2020 - reflected significant overcrowding in several areas • The Study, updated in late 2004 reflected no change in the overcrowded conditions • BOCC to receive study update information November 9, 2006 A Potential Space Solution • Developer presented option to: - Add approximately 93,000 square feet of space to County's downtown campus - Add much needed parking far Downtown The Project • Phase I: Two-story public library (23,454 sf) • Phase II: Three-story office building (46,716 sf} • Phase III: Parking facility - Total parking 335 spaces +/- The Library Office Building The Gateway Center (Auxiliary Project} • Weaver Street Market-first floor {11,423 sf) • County offices-floors two and three (22,846 sf} The Gateway Center Parking • Deck capacity ~ 335 spaces - 175 spaces in deck for County use - 160 spaces retained by developer for public parking • Additional surface parking around buildings The Site • 3.35 (approx} acres • Old Southern States site on Margaret Lane • Gateway Center site on Churton Street • Additional parcels make up parking deck site Environmental Considerations • Designed with walkability in mind - To restaurants, shops, other County offices, etc. • Stormwater control system on site to: - Detain Stormwater run-off to preconstruction conditions - Filter and stare stormwater • Utilize multi-story buildings to minimize land disturbance Sustainable Design Elements • Day-lighting • Low water toilet facilities • Grey-water toilet flushing • Automatic cut off devices for lavatories • Motion sensors for toilet flushing • Energy efficient heating/air systems • T-8 lighting fixtures with motion sensors Access~Traffic Patterns • Enter via Margaret Lane or Nash and Kollock Street • Exit from surface parking via Margaret Lane • Exit from Parking deck via Nash and Kollock • Traffic Signal at Churton Street at Nash and Kollock Deal Point Highlights County will own the site of the office building and library {including surrounding surface parking) County will own perpetual rights to the deck spaces assigned and will pay an annual maintenance fee for continued upkeep County will own a condominium in the Gateway Building, should it opt to purchase after expiration of lease term Deal Point Highlights • Highlighted contingencies: - Regulatory approvals from the Town of Hillsborough • Historic District Commission • Board of Adjustment - Local Government Commission approval - Underwriter approvals - Certification that the sites have a clean environmental bill of health Construction Manager at Risk • Allowable contracting method for local governments since 2000 • Locks in the project pricing based on agreed upon program • Observes public bidding rules, including minority business participation requirements • Telesis Construction Management to function as Construction Manager at Risk (GM at Risk) • Other entities have used successfully - Dare County constructed Justice Facility • Employing CM at Risk with the Central Orange Senior Center Construction Manager at Risk (Design Consultants) • Professional services consultants contract directly with County: - Brockwell Associates, Inca Durham {architect} - Library space planner~to be determined - Gardner & McDaniel, PA~Durham {structural) - Engineered Designs, Inc.~Raleigh {MEP) - Summit Consulting Engineers PLLC~Hillsborough {civil engineering} Potential Occupants • BOCC to hear recommendations of the Space Study group on November 9, 2006 • Recommendations: - Consolidate all Land Services functions into new buildings • Register of Deeds, Land Records, Tax Assessor, Revenue Department, Planning, Environmental Health, Engineering and Economic Development Commission Potential Occupants • Personnel Department relocated • Main Library to be relocated from the Whiffed Building Cost • The Gateway Center: $5,490,449 (includes parking deck parking) • The Office Building, Library : $17,939,079 (includes parking deck parking) • Total: $23,429, 528 Gateway Center • County leases the facility and parking for one year, plus one day at a cast of approximately $565,440 • Allows the condominium issues and construction warranties to be resolved before the County decides whether to take ownership • The County may choose (or not) to purchase the condominium at the end of lease term for $5,490,449 Financing Guiding Principles • Maintain County's self-imposed 15°f° of general fund debt service limit • As directed by the BOCC, assume no more than 7°~ of annual general fund growth • Ensure future debt capacity is sufficient to meet upcoming School and County capital needs. Financing • Variety of options suggested by the LGC staff are available • $25 Million has been programmed into the debt issuance schedule • Leaves capacity to address future school construction needs Next Steps • Developer begins Gateway Center construction • BOCC finalizes occupant list on 1119106 • County begins programming the building interiors • Developer seeks Town of Hillsborough regulatory approvals as required Development Timeline • Gateway Center: anticipated completion by November 2007 • Office Building, Library and Parking Deck: anticipated completion by May 2008 Chair Jacobs said that the library will be the central library for Orange County and there is consulting money available to plan the library space with the public and staff within this timeframe. He said that he believes that parking and traffic issues have been addressed with the extra parking and a shuttle service. Chair Jacobs said that the County is doing everything possible to respect the environment and is using green building principles. He thanked George Horton for working with the County. PUBLIC COMMENT: Sandy Peterson is current President of the Orange County library. She said that she is glad that the Board of County Commissioners is acting on the Library Services Task Force's recommendations of 2004. She read an Executive Summary of the task force report. She said that the recommendations reflect the fact that the main library, which has never occupied the facility truly designed far library use, has been in need of replacement and expansion for over 25 years. The recommendations clearly note that the main library should be the first construction project. The construction of the library will allow for adequate public restroom facilities, programming space, adequate shelving and space for materials, and parking for the patrons. She said that the Library staff is eager to offer more programs and services for the citizens. John Idol said that the main library should be in the County seat to serve all of the citizens of the County. He said that Boone and Brevard have bath constructed new main libraries in the county seats. He said that Orange County should not lag behind and should get a state-of-the-art facility. Mayor of Hillsborough Tom Stevens said that he represents the Town Board and himself as Mayor. He said that the board was delighted that the expansion is in downtown Hillsborough and the board supports this proposal. He said that support should not be construed as regulatory approval. There is concern about the fiscal impact, the environmental sensitivity, and the traffic concerns, but he knows that they can work together on this to move forward. He said that George Horton is a good partner and the board supports this next step. Margot Malachowski is the librarian at the Carrboro Cybrary. She said that although she lives and works in Carrboro, she works for Orange County, and her interest is in seeing strong library services throughout the County. She said that she supports the proposed downtown library. Elaine Crovitz is a volunteer in the OCS and a retired psychologist. She said that she is a frequent patron of the library. She said that, as of now, students have limited access to computers at the library and an adequate library system is what is needed. She said there is also a need for more room for language learning and an adequate children's room. She thinks that this library will improve learning in Orange County. She suggested having a coffee shop an the first floor of the library and she has seen this in other larger areas. She said that teenagers would congregate at the coffee shop and use the library facilities. Joe Phelps said that he is neither for nor against this project, but it will have great consequences for the downtown area. He would like for the Board to take time on this project and give the citizens of Orange County time to comment on this. He would like to leave the public hearing open for a longer period of time. Nerys Levy was a member of the Library Services Task Force. She said that, as a taxpayer, she wants to know the origin of the $23,000,000 set aside for this project. As a member of the Library Services Task Farce, she is astonished that the task force was not consulted about the latest development of a proposed 24,000 square foot County library facility in downtown Hillsborough. She said that task force members received the first communication regarding this development at 12:55 p.m. today. In the 2004 Task Force Report, the new County library facility was one, which was going to be part of the proposed DTCC complex at Waterstone, with expanded branches of the County system in Carrboro and Hillsborough. She said that in October 2005, the Friends of the Carrboro Library and others asked the Board of County Commissioners for a report on how the 2004 task force recommendations were being implemented and asked to be included in further developments and communications. She said that six months later, two BOCC declarations arrived by email -one concerned the Town of Carrboro and the other the Town of Hillsborough. Bath declarations requested that bath towns furnish 50°~ towards their respective proposed freestanding branch libraries. She said that, given the proposal tonight, she would like the BOCC to consider the following questions: Has the Town of Hillsborough been asked to provide 50% of the costs for what will be its downtown free-standing library? If they have not been asked to contribute 50°~ of the cost, then she feels that Carrboro should not be asked to contribute 50°~ towards its downtown library facility either. Will the building of this large library facility dilute the already meager library services received by the citizenry of the County? If so, then as a taxpayer and a member of the Library Task Force Committee and Friends of the Carrboro Library, she has no choice but to oppose the building of a 24,000 square foot library facility in this complex. She said that the branches in Carrboro are not adequate and the hours are totally confusing to the citizenry. Both branches are in shared facilities and suffer from an identity problem. She said that Carrboro is still the largest town in North Carolina without a freestanding library facility. She said that it seems hardly justifiable to build a 24,000 square foot library facility for 6,000 people in Hillsborough and the north of the County when Carrboro has nothing that it can call a recognizable library building. She sees no logic in the proposal for a larger downtown facility in Hillsborough if it means that the rest of the County has to do without. She said that there has been very little transparency in the planning and very little thought given to fiscal equity. She said that this proposal does not conform to the recommendations that were made. She said that emails and letters have been to the BOCC by other members of the Friends of the Carrboro Library and the Carrboro community. Margaret Wood-Connell is the Director of the Hillsborough-Orange County Chamber of Commerce. She said that several months ago the Chamber Board of Directors sent a letter of support far the Gateway Center. With the proposed expanded County campus project, the Chamber also recognizes the advantages of this and they encourage approval of this project. The Chamber also encourages the approval of the proposed consolidation of land services in one location. She personally looks forward to expanded library services in Hillsborough. Rachel Royce is a member of the Walkable Hillsborough Coalition and a neighbor to the proposed facility. She read a statement from Holly Reid, a member of the Walkable Hillsborough Coalition: "Dear County Commissioners, I support the proposal for the new Orange County facilities on Margaret Lane and on the site of the old Nash Kollock School. Locating these facilities downtown is very important to Hillsborough's vitality by promoting foot traffic for our businesses, encouraging healthier lifestyles with walkable and bikable downtown destinations, and bringing ideal educational and community opportunities to our downtown Eno River corridor, to name a few. I very much appreciate your proposal to redevelop part of downtown Hillsborough to keep the footprint of our downtown denser and not to extend services and transportation into rural areas. Thank you for being forward-thinking and responsive to smart growth principles. Holly Reid." Rachel Royce said that she has not had a chance to look at the plans. She is delighted that the library facility will be one block from her house. She uses the present facilities a lat. She thinks that it is important to the business and public health of the Town and the County, as far as making things walkable and bikable. She suggested same things to consider. She concurs that there has not been an opportunity to have public input yet into the plans. She asked that there be play space outdoors of the library, walking and biking access to the site and its connection to the future location of Weaver Street Market, and use of permeable surfaces to prevent runoff into the Eno River. She also has a concern about the view of the development from the Eno River. She does not want the development to be a looming presence over the river. She is delighted about the prospect of the library nearby. She also left a copy of a statement from John Delconte with the Clerk. Jim Baericke lives on Margaret Lane and is just two doors down from the proposed project. He said that the neighbors have been in contact with Mr. Horton about buffering for this area and they think that a library and County offices on that site would be good. He and his neighbors are enthusiastic about this proposal and about maintaining buffers there with Mr. Horton. Library Director Brenda Stephens said that she was pleased when she heard about phase I of the project and that it would include a new library facility. The citizens of Orange County are overdue for adequate restrooms, overdue far shelving books in windows, overdue for having staff to move furniture whenever there is a program far more than 20 people, and overdue to have a building designed for a library. She said that they have been trying to offer 21St century services in a 20t" century facility. She said that she and the staff are excited about this proposed plan. Mark Peters emailed the statement below to the Clerk and asked That it be included as part of the public record: I will likely be unable to attend tonight but will try to record the broadcast or get a recording from Mr. Hunt. I have some comments and questions about the county campus. I can see the benefit of having most or all of the county staff in a central location. Most of my questions are in relation to whether this plan is the most ideal one from a fiscal sense as well as to the logistics. I am also not sure why so much of this planning was done in private. Q: What parts of this proposal are going out for bid? Is all of the development to be done by Mr, Horton's company? Q: Are these fair prices for this square footage? Might square footage in another area have been more cost effective? What is the end-of-the-game cost per square foot (for the rented year plus the purchase price)? Why wouldn't a builder make out better doing a private development? Is this a good deal? Q: What departments will be in these buildings? Will it house all of the county government? Are all of the customer-facing departments housed in the campus? Q: What environmental impacts will this have on the nearby Eno River? Some mitigation of runoff is mentioned, but I am not sure how effective these methods are, how reliant on proper upkeep, how likely to be overrun, etc. Any other risks? Q: What impacts will there be on traffic? There is a plan mentioned -where is this plan? I would like to see it posted online. Is it up to date and for this particular project? Q: Are any of these facilities at risk for flooding? Q: What was the timeline of the private negotiations? Where are the minutes & recordings of these preliminary meetings? Q: Who holds an interest in the financial aspects of this project? Does anyone involved in this decision have any other financial dealings with Mr. Norton's family or others who stand to benefit? Q: Will citizens have to pay to park to do business with the county or vote? Q: Have you counted the personal and county owned cars in the lots where they currently reside to make sure you have adequate parking allotments? Q: How much do we save by freeing up the current buildings? Q: How close is the proposed project to meet all of the requirements? I.e. -will there be changes in the floor layout or specialized requirements for mechanical space, truck docks, wet space, ventilation, etc.? The project says it has a fixed cost, but if it is anything like the "fixed cost" of building a home, then there are often unrealistic "allowances" which result in a significant increase in the final cost. Q: If there are cost overruns due to requirement or allowance changes, how will this affect the debt ceiling, since it is due to be maxxed out in a couple of years? Thanks, Mark Commissioner Carey made reference to the statement that the Board indicated its expectation that the towns provide substantial support for a branch library. He emphasized "branch" library. He said that this does not apply to the County's main library. He said that this is not a branch library, but the main library of Orange County. He said that the expectation of 50% from the towns for branch libraries should stand. He still thinks that there is ample time for public comment on the design of the library and he would like to move ahead with this. Commissioner Halkiotis said that he asked staff to put together information (blue sheet} on a recap of what the County Commissioners have spent on school buildings since 1988. He went through the information on the sheet and said that, just taking the number of schools built in the County since 1988, $144 million has been spent for CHCCS, which is 54.1 % of the total expenditures for County buildings. For OCS, a total of $33,201,000 has been spent, which is 33.4°~ of the total expended budget. For County projects, only 12.5°~ of the total expended budget has been spent. He said that the County has been very frugal and if this project can be done for the amount being proposed, then that is good. He said that this project will give the County some breathing room. He hopes that Hillsborough always remains the County seat. He said that the employees of Orange County and the function of County government has always been put in third or fourth place to make sure that the needs of school children have been met. He said that it is the same amount of money as one elementary school to take care of the needs of Orange County government and Orange County citizens for a long time. Commissioner Gordon spoke about the pros and cons of this project. She said that the County does have pent up needs, there will be a fixed cost for this project, it is in a central location, and there is an opportunity to revitalize this area. The cans are that there has been too little time for public comment and most of the planning has been in closed session; the meeting to decide exactly what goes into the new facilities and the facilities that are vacated will not be held until November 9t"; the design of the buildings is done after and not before public comment. She said that she would be much more comfortable if there were more time and the public had time to do due diligence. Regarding the overall capital budget, there has been no opportunity for a public hearing on the projects in the capital budget and the debt issuance schedule. She said that she requested that there be a hearing an October 17t", and this request was not granted. There is $92 million worth of debt scheduled for issuance in the capital budget. This is more than any bond referendum that has been issued and there are significant tax implications. She said that this is a tremendous obligation and the list of projects is pretty well finalized. She thinks that this is noteworthy and she does not understand why it is so rushed regarding public comment. She is torn as to what to do about this proposal. She strongly objects to the rush of this process and said that this is not the way business is done in Orange County. She said that to bring this to a vote this evening puts her, as a county commissioner, in an untenable position. Commissioner Foushee said that she is in support of the project. She advocated for school buildings for more than eight years, and now she represents a larger constituency. She said that she has seen the conditions in which employees were working and she was taken aback. She said that this project will address the employees and the citizens of Orange County. She would hope that the issue of allowing the public ample time for comment, although important, will not stop the progress of this proposal. Commissioner Halkiotis said that every school project that the County has ever bid since 1988 always seems to magically come in at exactly the amount of money that is advertised that the County has to build a Schaal. Then the State and the legislature in the past session provided the Construction Management at Risk piece, which the private sector has been using for years. This allows the County not to broadcast how much money is available. This is what is different and why there have not been so many public hearings. He said that the CMR process is different and it is not well understood yet. Commissioner Gordon said that she has not decided what to do because the project is attractive since it will provide needed facilities for county staff but the process is terrible. Commissioner Halkiotis said to Commissioner Gordon that historically she has been very conservative about projects and he respects that. He said that they all have different perspectives. He does not see anything wrong with using the private sector. Commissioner Gordon said that if she votes for this, it is because she will take a leap of faith that it will work out okay. If she votes against it, it is because they should have a public hearing before the county endorses the programming for the $92 million of debt, including this project being discussed tonight. Chair Jacobs thanked staff for working on this. He said that the approval process will be a very public process with the Town of Hillsborough. He said that he sees a big difference between asking the public to comment about a senior center and an office building. Mast of the project includes office buildings for County government, which will make it more efficient. He said that the library is an outgrowth of the Library Services Task Force in which he also served in 2000 and 2004. The task force report referred to a central library in Orange County. He said that he and Commissioner Halkiotis, along with other staff, looked at sites in Carrboro within the last few years trying to find a site for a freestanding library so that there could be a partnership with Carrboro like there is at the Cybrary and the Adams Tract, in which each entity put up half of the money. He hopes that Carrbaro will work with the County in a freestanding library in Carrboro. This is the top priority because it is the County seat and it is a coincidence that it is Hillsborough. If Carrbaro were the County seat for 252 years, then this library would be in Carrboro. He said that there is nothing to apologize to anybody for in having the library in Hillsborough. Chair Jacobs made reference to the Construction Manager at Risk and said that one of the things that is different about this project is that it is a fixed price. There was a negotiation that took almost a year and it was brought to the public as soon as there was an agreement with Mr. Horton. The library component will have a consultant and will be amenable to a public process. He pointed out that a request for a public hearing on the County's capital improvement program was not denied. The County Commissioners voted 4-1 to wait until they understood the implications of the lottery proceeds on the capital investment planning. He feels very comfortable about this and he is very excited. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign an Agreement of Intent to purchase the Project as defined in the Agreement of Intent; to lease with option to purchase the Auxiliary Project as defined in the Agreement of Intent; and to exempt the professional design services and construction manager at risk contracts from the qualifications-based selection process as allowed by G.S. 143-64.32; and to authorize the Chair to sign the Agreement of Intent. VOTE: UNANIMOUS 9. Items far Decision--Reaular Aaenda a. Duke Power Right of Way for Seymour Senior Center The Board considered approving aright-of-way agreement as requested by Duke Power far paver lines to be installed for the Seymour Senior Center on the Human Services Campus on Homestead Road, Chapel Hill; and authorizing the Chair to sign. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the right-of-way agreement with Duke Power for underground power lines at the Seymour Senior Center; and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS b. Contract Approval: Animal Services Facility Design Services The Board considered authorizing a contract with Dixon Weinstein Architects for services associated with the design of the new Animal Services Facility on Eubanks Road, Chapel Hill and services associated with the regulatory approvals required for the project, at a cost not to exceed $623,375, plus reimbursable costs; and authorizing the Chair to sign. Chair Jacobs and Commissioner Carey served on this committee. Chair Jacobs reviewed the abstract. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve authorizing a contract with Dixon Weinstein Architects for services associated with the design of the new Animal Services Facility on Eubanks Road, Chapel Hill and services associated with the regulatory approvals required for the project, at a cost not to exceed $623,375, plus reimbursable costs; and authorize the Chair to sign. VOTE: UNANIMOUS c. Legal Advertisement for Quarterly Public Hearing -November 20, 2aas The Board considered the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled far November 20, 2006. Planning Director Craig Benedict reviewed this item. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 20, 2006. VOTE: UNANIMOUS d. Contract Revision of Louis Berger Group Contract to Complete TDR Phase III The Board considered authorizing the negotiation of an addendum to a contract with The Louis Berger Group, Inc. and UNC-Charlotte Urban Institute to include Phase III of the Transfer of Development Rights {TDR) ordinance development and not to exceed $49,546.81. Craig Benedict said that this is for phase III and there can be an addendum to the contract. The addendum is very specific for four deliverables with multiple meetings at each step. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve the negotiation of an addendum to a contract with The Louis Berger Group, Inc. and UNC-Charlotte Urban Institute to include Phase III of the Transfer of Development Rights (TDR} ordinance development and not to exceed $49,546.81. VOTE: UNANIMOUS e. Board of Commissioners Meeting Calendar for Year 2007 The Board considered final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2007. Chair Jacobs said that he has a conflict with May 23'd and so does Commissioner Gordan. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve the regular meeting schedule with amendment far the Board of County Commissioners for calendar year 2007. The following are changes the BOCC made to the calendar: • to schedule the County Manager's Evaluation (closed session) on Thursday, April 12t" at 5:30 pm at the Link Government Services Center (prior to the 7:30 pm work session) and to move the County Attorney's evaluation from April 12t" to Thursday, May 3~d at 5:30 pm at the Link Government Services Center {prior to the 7:30 BOCC meeting at F. Gordon Battle Courtroom) • to move the Budget Public Hearing from May 31St to Monday, June 4t" (at Southern Human Services Center) • to schedule an additional County Manager's Evaluation on Wednesday, June 27t" at 6:00 p.m. (closed session) • to move the BOCC Work Session from Tuesday, October 16t" to Thursday, October 18tH VOTE: UNANIMOUS 10. Reports a. Final Report of the Child Care Task Force The Board was to receive the report of the Child Care Task Force to the Board of Commissioners, assign the responsibility far implementing the recommendations to the Social Services Baard with help form the County Manager's Office and sunset the Child Care Task Force. DEFERRED 11. Closed Session-NONE 12. Adiaurnment A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 1Q:35 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board