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HomeMy WebLinkAboutMinutes - 20061204 APPROVED 1121312007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 4, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 4, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, and Mike Nelson COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, 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. Resolution of Commendation for Commissioner Stephen H. Halkiotis A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve a resolution of commendation for Commissioner Stephen H. Halkiotis. Chair Jacobs read the resolution (stated below): ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF COMMENDATION FOR COMMISSIONER STEPHEN H. HALKIOTIS WHEREAS, Stephen Halkiotis was inspired to run for public office after he encountered injustice and the arbitrary exercise of power, serendipitously at a time when the Board of County Commissioners needed more progressive voices; and WHEREAS, the citizens of Orange County elected Stephen Halkiotis to the Board of County Commissioners in 1986 and re-elected him in 1990, 1994, 1998, and 2002; and, WHEREAS, his Board colleagues expressed recognition of, and appreciation for, Stephen Halkiotis' service and leadership by electing him as Chair of the Board of Commissioners in 2001 and as Vice-Chair for 14 years, most recently in 2005- 06; and WHEREAS, Stephen Halkioitis has served the citizens of Orange County for many years, not only as a County Commissioner but also as the principal of Orange High School and later as Director of Auxiliary Services for the Orange County Schools system; and WHEREAS, Commissioner Halkiotis has given freely and unselfishly of his time and energy, and through his foresight and leadership, he helped promote progressive changes and improvements in the operations and services of Orange County government; and WHEREAS, during his tenure as an Orange County Commissioner, Stephen Halkiotis has shared his talent for leadership and public service through his work on numerous committees, boards, and task forces including the Mental Health Board (OPC), two Innovation and Efficiency Committees, the Landfill Owners Group, the Partnership for Young Children, the Energy Task Group, several bond committees, design committees for the Seymour and Central Orange Senior Centers, the Durham Technical Community College Satellite Campus Advisory Committee and the Hillsborough Economic Development District Work Group, among others; and WHEREAS, Commissioner Halkiotis embodies the slogan "You Count in Orange County", his genuine concern far others manifest through his tireless advocacy for children, the disadvantaged, and the downtrodden; and WHEREAS, there comes a time when a person must recognize that "life is too short" and adjust priorities accordingly; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners officially commends Stephen H. Halkiotis for his years of distinguished service, salutes his voluntary decision to leave public office, looks forward to his continued contributions to the community, and wishes him and his family the very best in their future endeavors. BE IT FURTHER RESOLVED that this resolution be presented to Mr. Halkiotis, with a copy sent to the press, and that the Resolution be spread upon the minutes of this meeting. This the fourth day of December 2006. VOTE: UNANIMOUS Commissioner Halkiotis wished everyone all the best and encouraged the County Commissioners to continue to do this with a sense of humor and not to take it too seriously, because life is too short. Oaths of Office for Board Members Judge Joe Buckner administered the oaths of office for Commissioner Gordan, Commissioner Jacobs. and Commissioner Nelson. Board Organization a. Election of Chair and Vice-Chair Commissioner Carey -Chair {unanimous} Commissioner Jacobs -Vice-Chair {4 votes} b. Designation of Voting Delegate far all NCACC and NACo meetings for Calendar Year December 1, 2006-2007 A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Commissioner Carey as the Voting Delegate for all NCACC and NACa meetings for Calendar Year December 1, 2006-2007. VOTE: UNANIMOUS Appointments a. Manager A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Laura Blackmon as County Manager. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Donna Baker as Clerk to the Board. VOTE: UNANIMOUS e. County Attorney A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Geof Gledhill as County Attorney. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 1. Additions or Changes to the Agenda NONE 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Nelson thanked the people of Orange County for electing him to this position. He said that he has come to know so much more about the County through the campaign and he would like to work on taxes, technology for the County, environmental uses and energy efficiency, and library services. He said that he is committed to following through with the Library Task Force recommendations. He would also like to establish a library in the southwestern portion of the County {Carrboro). Commissioner Foushee welcomed new County Manager Laura Blackmon and thanked Rod Visser for being Interim Manager. She also welcomed Commissioner Nelson. Commissioner Foushee said that she attended the initial meeting of the Eno EDD Small Area Task Force. The meeting was very productive. There were officials from Durham City to help with the planning. She said that there are several positions on this task force that are vacant, and four are at-large positions. She encouraged anyone interested in this task force to apply. Commissioner Foushee made reference to the County Commissioners' meeting agendas and suggested moving Board comments to another portion of the agenda, perhaps at the end, because many times the agenda is ambitious and the special presentations are very late. Commissioner Jacobs welcomed Commissioner Nelson and Laura Blackmon. Commissioner Jacobs agreed with taking up the issue brought up by Commissioner Foushee, and he suggested addressing it at the retreat. He said that Andy Sachs from the Dispute Settlement Center is supposed to meet with the Board between the last meeting and the retreat to flesh out the issues far the retreat. Commissioner Jacobs reported that Rod Visser, Purchasing and Central Services Director Pam Jones, a representative from Chapel Hill Public Works, and Mayor Kevin Foy toured the old Chapel Hill post office. The idea is to possibly use it to serve some of the long- term justice facility needs in the southern part of the County. There is 15,000 square feet, and much of it is unused. He suggested that staff work with Chapel Hill staff to do a preliminary analysis on this site as an alternative to having a site on the Homestead campus. The Board agreed. Commissioner Carey said that he talked with Commissioner Jacobs and Laura Blackmon earlier about instances where the County Commissioners raise an issue like this and that the County Commissioners be cognizant that this will add more work for the staff. This suggestion will go on the follow-up sheet. The staff needs to tell the County Commissioners if something cannot be done in a reasonable amount of time. Commissioner Jacobs said that he has mentioned before that there has been some response from some of the neighboring jurisdictions about the value-added Ag center feasibility study. Chatham County has also responded and the Economic Development Director is going to follow up with the County Commission Chairs that have expressed interest. Commissioner Jacobs said that he, Chair Carey, and Steve Halkiotis attended the Cooperative Extension Breakfast this morning and the focus was on agriculture. The tentative date for next year's Ag Summit is February 13t" Commissioner Jacobs said that there was another meeting of the Efland-Mebane Work Group Follow-up Committee. There was a lot of discussion about alternatives to help protect people who live in the Buckhorn community that want to remain in residential zoning without being taxed as an economic development district. The proposal will be brought forward to the Board and the community. Commissioner Jacobs said that the Carolina North Work Group met again, and there was some progress made in talking about preserving open space at Carolina North. He said that he is continuing to advocate for schools and making sure that the University pays the full cost of service for its impact on schools. Commissioner Gordon said that she attended the Orange Unified Transportation Board meeting, the Recreation and Parks Advisory Commission meeting, and a joint transportation meeting. She reported on the joint transportation meeting. The two groups - DCHC-MPO and CAMPO - met on November 29t", along with representatives from TTA, Triangle J COG, and others. The main topic was regional transportation planning for the Triangle and regional transit planning. Commissioner Gordon made reference to the justice facilities and said that it is very important to get staff input regarding the needs. Commissioner Gordan thanked the voters far re-electing her for another term. She also thanked Rod Visser for his service as Assistant County Manager and as Interim County Manager. She welcomed Laura Blackmon as the new County Manager . She also thanked her husband, Alan Biermann, for supporting her during her campaign for re-election. Chair Carey congratulated the three Commissioners, thanked Rad Visser, and welcomed Laura Blackmon. Chair Carey said that the County Commissioners' commitment to the Library Services Task Force report continues to be strong. He suggested updating the report, now that the new central library has been approved for construction. Commissioner Gordon said that this would be a good idea if it does not take too long to get the update, and if it could be incorporated into the budget process. Commissioner Jacobs said that he does not think this would take long, because there are only a few outstanding issues from the original report. The Clerk will notify the members of the task force that the County Commissioners want them to reconvene and update the report. Commissioner Nelson said that he was on the first Library Services Task Force and he would be interested in serving on this reconvened group. The Board agreed by consensus. Chair Carey agreed with Commissioner Foushee about the scheduling of Board comments in the agenda. He would like for the County Commissioners to think about, between now and the retreat, what purpose the Board intends for these comments to serve. This will help decide where to put the Board comments. Commissioner Gordon would like to make other suggestions relating to the agenda. Chair Carey said that Orange County was awarded the Employer of the Year by the Orange Disabilities Awareness Council. Chair Carey said that the County Commissioners passed a resolution recently in recognition of Rev. Manley's 60t" anniversary as Pastor of First Baptist Church in Chapel Hill and his 60 years of community service. He cannot attend the event honoring Rev. Manley and he offered his two extra tickets for the event, which is December 9t" at 6:00 p.m. at The Friday Center. 4. County Manager's Report County Manager Laura Blackman made reference to the compressed natural gas facility and said that it should be online this Wednesday. She said that she met with staff, Commissioner Jacobs, and members of the Employee Relations Consortium to discuss long and short-term implications of employee parking in the downtown area with all of the construction. She said that she has been working with staff on the tradition of the Manager's Memo, and there should be one this week. Some of the issues include a proposal for some changes to the Northern Park site plan. The project is on schedule, but there have been some changes with refinement of the stream buffer. 6. Items for Decision--Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for October 24, 2006, November 2, 2006 and November 9, 2006 as submitted by the Clerk to the Board. b. Appointments -None c. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to three requests for property tax refund in accordance with N.C. General Statues 105-381. d. Property Value Changes The Board adapted a resolution, which is incorporated by reference, approving value changes made in property values after the 2006 Board of Equalization and Review has adjourned. e. Applications for Property Tax Exemption The Board approved seven untimely applications for exemptionlexclusion from ad valorem taxation from the 2006 tax year. f. Resolution Adjusting the Starting Salaries of the Sheriff and Register of Deeds Positions The Board adopted a resolution, which is incorporated by reference, adjusting the starting salaries of the Sheriff and Register of Deeds positions, effective December 4, 2006. g_ Service Coordination Renewal Agreement with Manley Estates and the Department on Aging The Board authorized the Chair to sign the Agreement to provide service coordination for the residents of the First Baptist and Manley Estates senior housing complex in Chapel Hill. h. Amend 2005 COPS Interoperable Communications Grant Contract With the City of Durham The Board amended the grant contract with the City of Durham for the 2005 US Department of Justice COPS Interoperable Communications grant, as approved by the Board on March 2, 2006, pending final review by staff and the County Attorney and authorized the Manager to sign. i. Application for Emergency Management Performance Grant (EMPG1 The Board received a grant from the State Emergency Management Agency to help support the County emergency program and authorized the Interim Emergency Management Director to sign. L Chance in BOCC Regular Meeting Schedule for 2007 This item was removed and placed at the end of the consent agenda far separate consideration. k. Examination of Bonds The Board maintained the bands at their present levels. I. Amendment to Interlocal Agreement for OperatinglSharing Cost for the Fairview Community Policing Center The Board approved the amendment revising the Interlocal Agreement for Operating/Sharing Cost for the Fairview Community Policing Center and authorized the Chair to sign pending final review by staff and the County Attorney. m. Process and Facilitation Consultant Contract for Comprehensive Plan This item was removed and placed at the end of the consent agenda far separate consideration. n. Consultant Contract -Education Facilities Impact Fees The Board directed staff to negotiate a final contract with Tischler and Associates to perform the outlined scope of work including the consultant timeline for an amount not to exceed $60,000; and to authorize the Manager to sign the resulting contract. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: L Change in BOCC Regular Meeting Schedule for 2007 The Board considered making one change in the County Commissioners' regular meeting calendar for the year 2007. Chair Carey asked about the meeting on January 16t". Commissioner Jacobs answered that this is not the Board of County Commissioners' meeting. The Planning Board will be the host, and it will be the kickoff for the facilitated comprehensive plan coordination. Chair Carey asked if the Board would be making decisions at this meeting and it was answered no. A motion was made by Chair Carey, seconded by Commissioner Nelson to amend its regular meeting calendar for 2007 by adding a meeting on Tuesday, January 16, 2007 at Southern Human Services Center from 7:00 p.m. - 9:00 p.m. VOTE: UNANIMOUS m. Process and Facilitation Consultant Contract for Comprehensive Plan The Board considered reviewing the proposal from the Orange County Dispute Settlement Center (DSC) for the provision of process and facilitation services related to the Comprehensive Plan update and authorizing staff to prepare a contract with the Dispute Settlement Center that incorporates the scope of work outlined under the "Cost and Contracting" section of the proposal and authorizing the Chair to sign. Commissioner Gordon asked haw it was contemplated that the 1981 plan was to be used. Comprehensive Planning Supervisor Tom Altieri said that the Planning Board felt that this would be a good starting point in the update process to look at the 1981 plan, particularly the goals and objectives, to make some determination on what areas in which the County has been successful in implementing and to identify some areas of focus in the new plan. He said that the Planning Board further requests that the Board of County Commissioners would be the Board that reviews the 1981 plan with the Planning staff's assistance and to prepare the evaluation. He said that the goals and objectives in the 1981 plan are very general. He does not anticipate the evaluation to take a long time. Commissioner Gordon made reference to the two consultants and the synthesizer and asked if it is the thought of the Planning Board that there is not enough in-house staff to synthesize this plan. Tom Altieri said that the Planning Board will be reviewing the initial ideas for the synthesizing consultant at the meeting on Wednesday, December 6t" Commissioner Gordon made reference to page 6 and said that it would be a good idea to explicitly put in that the coordinator is in charge of the meeting summary. This is item 3. Commissioner Jacobs made reference to the comprehensive planning update timetable and said that it has the approval of the legal ad for the public hearing in July 2007. The Board of County Commissioners does not meet in July. He suggested moving this to June. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the proposal from the Orange County Dispute Settlement Center (DSC) for the provision of process and facilitation services related to the Comprehensive Plan update and authorize staff to prepare a contract with the Dispute Settlement Center that incorporates the scope of work outlined under the "Cost and Contracting" section of the proposal and authorize the Chair to sign. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Proclamation Acknowledging Human Rights Week, Human Rights Dav, and the Bill of Rights Dav The Board considered officially recognizing Human Rights Week, Human Rights Day, and the Bill of Rights Day in Orange County during the month of December, and authorizing the Chair to sign the proclamation. Cutler Andrews, a member of the Orange County Human Relations Commission, said that he is here on behalf of the HRC to accept this proclamation. He listed the upcoming events in the area -International Human Rights Award Dinner at N. C. State University Club on December 5t"; Vigils against torture flags on December 9t" and December 23~d in Raleigh (carpools available in Chapel Hill by calling 942-2535); and Bill of Rights Day celebration on December 15t" at the Carrbora Century Center Fountain from 12:00-1:00 p.m. He also welcomed Laura Blackmon and Commissioner Nelson to Orange County on behalf of the HRC. He read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve recognizing Human Rights Week, Human Rights Day, and the Bill of Rights Day in Orange County during the month of December, and authorize the Chair to sign the proclamation. PROCLAMATION WHEREAS, on December 10, 1948, the member States of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems agreed an the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in connection with the Universal Declaration of Human Rights; and WHEREAS, the Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press as well as freedom of religion and association; and WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due process of law and establishes fundamental rules of fairness in judicial proceedings, including the right to trial by jury; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in Orange County, and each of us can play a major role in enhancing human rights; and WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace;" NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim December 10 -16, 2006 to be HUMAN RIGHTS WEEK and December 10, 2006 as HUMAN RIGHTS DAY and December 15, 2006 as BILL of RIGHTS DAY in Orange County and challenge our residents to study and promote the ideas contained in these documents to the end that freedom, justice, and equality shall not perish but will flourish and be made available to all. THIS THE 4th DAY OF DECEMBER, 2006. VOTE: UNANIMOUS 7. Special Presentations a. Presentation of the Orange County Women's Agenda for 2006-2007 The Board considered receiving the results and prioritizing the issues of the Orange County Women's Agenda Assembly. Commissioner Foushee and Commissioner Gordon attended this event. Cutler Andrews is the Chair of the Advocacy Subcommittee of the Commission for Women. He gave the results of Orange County Women's Agenda Assembly, which took place on October 12th at the Southern Human Services Center. The priority issues that were identified, in descending order, were economic self-sufficiency, access to health care, education, child care, violence against women, and civic participation and equality. The Commission will join other counties at the General Assembly in February 2007 to present this agenda to the State legislators. He asked the County Commissioners to keep the Orange County Women's Agenda in mind as policy is formulated throughout the year. He congratulated the County for having its first female County Manager. Commissioner Gordon commended the Commission for Women on its work and also Commissioner Foushee as the liaison. She said that, while all of the priorities are important, she was glad to see economic self-efficiency at the top of their list. Commissioner Jacobs commended this group also. He made reference to page six, which addresses older citizens, healthcare, and improving wages and benefits for aides in long- term care facilities. He said that the childcare services community is looking for the exact same kind of support and training for its employees. It struck him that there is no leadership outside of Orange County in this area. He suggested thinking about, with the social safety net, how the County can start to address these service areas and get better training and wages. He also made reference to page 13, where it addresses equal public representation, and said that he is becoming more convinced that they need to open up the political process and have non- partisan County Commissioner elections. He also thinks that the Board should consider looking at trying to help with public financing of County Commissioner election races. It is starting to become expensive. Commissioner Foushee said that there is a collaborative effort between HRC and the Commission far Women and the number of student volunteers impressed her. Chair Carey said that he was unable to attend this event and he commended all for their work. He said that all of the action items were focused at the State level and he would like to lend some local action to this as well. Commissioner Foushee said that, among the Commission, it is felt that the County is going over and beyond. Human Rights and Relations Director Milan Pham said that the next step after they present to the legislatures is to return to the local governments to see how they are faring on the Women's Agenda. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to accept the Orange County Women's Agenda. VOTE: UNANIMOUS 8. Public Hearings-NONE 9. Items for Decision--Regular Agenda a. Bennett-Andrews Preliminary Plan The Board considered the Preliminary Plan and possible revisions for the Bennett- AndrewsSubdivision. Planning Director Craig Benedict said that this item was an the Board of County Commissioners' agenda on October 3rd. It was referred back to the Planning Board with same additional information. This subdivision is an $5-acre property and is made up of two lots of record. When the subdivision originally came to staff at the end of last year, it was in one piece as two lots of record, and the owners were interested in having a new conservation cluster and leaving the existing lot on one tract and leaving the existing house and tract on the other lot of record. In the spring, the applicant decided to focus on the conservation cluster portion, which was 18 acres of the 85. He said that he and the County Attorney looked at this and found out that in order to maintain the 1989 zoning density requirements for areas within the University Lake Critical Area Watershed, that lots of record would have to be considered in total. There are five two-acre lots allowed as an initial density calculation, and then five acres thereafter. There is now an 18-lot conservation cluster, which is a subdivision with 33% open space. It is also nestled into two estate lots, which are 14 acres and 5-6 acres. Staff is suggesting, and DOT agrees that a right turn deceleration lane into the project would be beneficial and allow better traffic flaw an Jones Ferry Road. Another suggestion from the Town of Carrboro, since this is in the courtesy review area that the road be stubbed out to the north to connect with Sesame Road. Staff has analyzed this and does not recommend stubbing this out to the north because of the Neville Creek floodplain and environmental areas to the north. This parcel was subject to the Adequate Public Facilities Ordinance and there is enough capacity with the elementary and middle levels and the site was given a certificate of adequate public schools. The Planning Board unanimously approved this on November 15t, and the minutes of the meeting are attached. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to approve the Preliminary Plan with the following revisions to the Resolution of Approval: Replace Resolution Item F.11 with the fallowing: "The awnerlapplicant shall install water withdrawal signage for the withdrawal of water for fire suppression from Moore Pond (a private pond} off of Deerfield Trail. signage shall be acceptable to, and approved in writing by, the Carrboro Fire Department and the Orange County Fire Marshal. Replace Resolution Item F.13 with the fallowing: "The maximum impervious surface coverage that may be allocated to the 18 individual conservation cluster subdivision lots shall be as noted in the Impervious Data {but not the "Notes"} on Sheet C-1 of the Bennett-Andrews Preliminary Plan. This figure is exclusive of the Orchard Lane right-of-way. The maximum impervious surface coverage on the Tanaka estate lot is 1.08 acres. The maximum impervious surface an the Creek estate lot is .33 acres. The maximum impervious surface coverage for each lot, including the two estate lots, shall be shown on the Final Plan." Add Resolution Item F.15 as follows: "The Final Plan may be drawn on one or more plats, however all final plats must be recorded contemporaneously with one another." Commissioner Jacobs said that he appreciates the analysis of the cumulative traffic impacts. VOTE: UNANIMOUS b. Justice Facilities Expansion Project Review and Approval The Board considered receiving the final review and comment on the Justice Facilities Project, including the River Park and the Farmer's Market, prior to the solicitation of bids. Purchasing and Central Services Director Pam Janes said that this is the final project review in the approval of the expansion project. The Historic District Commission of Hillsborough and the Board of Adjustment for the Town of Hillsborough have both approved this. There are five conditions of approval from the Board of Adjustment. She noted a correction in the abstract -instead of the bids being taken January 23rd, it will be February 8t" David Taylor from Corley Redfoot and Zack made a PowerPoint presentation of layouts. He said that the architect has met with about 20 different agencies or groups on this project, and has received approval from the agencies in Hillsborough as stated above and other groups have given input. He said that the basic conceptual plan has remained intact. The project includes a 38,000-square foot addition on three stories to the existing new Orange County courthouse. The project also includes a public market house, a set of remote toilets (on a part of the existing Sheriff's Department building), a passive park with trails, the riverwalk, etc. One of the five conditions from the Board of Adjustment was to make sure that the eastern end of the trail was coordinated with the Classical American Homes Preservation Trust and the work that will be done beyond the site. The other conditions include making the remote toilet accessible, approval of the storm water plans by the Town's consulting engineers, a written plan for the remote parking facility, and the building elevations dated October 18, 2006 are the final version. The public market house is a 24-stall laminated pavilion. The Board has already pre- purchased the laminated structure for this project. It will be an open structure with two stalls per bay and adouble-loaded corridor down the middle. He went through some of the minor changes that have been made by various agencies, primarily the Historic District Commission. The dormers became more regular, the same types of setbacks have been retained from the original conceptual plan, there will be a public pavilion and public information kiosk on Margaret Lane, the dormers on the Sheriff's Office have become lined up with the windows below, and the courtyard side has retained a curving curtain wall. There is an exterior staircase that is code related for the courthouse because the courtroom currently does not have a code accepted second means of egress. There will be a new security checkpoint in what is now the Criminal Clerk's area, which will be a one-stop security checkpoint for the entire complex. The architect will be meeting with the members of Orange County Public Works and other Town officials, Department of Insurance, and Orange County Building and Inspections to get input. This will be put out just after the first of the year, bids will be taken on February 8t" and hopefully construction will start around March 15-April 1. The addition will probably be the first thing built, taking approximately 16 months. The existing courthouse will still be in use and most of the court functions will be moved off site. Then the existing courthouse will be renovated. The plan is to get the farmer's market up and running by June 1, 2007. Commissioner Gordan asked about the courtroom and David Taylor said that the courtroom is about 2,400 square feet and the gallery space is enough far 70-80 people. It was determined that the best arrangement was to maximize the arena area of the courtroom and provide limited seating since there were two existing courtrooms, which would hold a significant number of people. Commissioner Gordon said that she thought they were both going to be jury capable. David Taylor said that they worked with Judge Buckner on this issue and after reviewing the workload, it was decided that two jury rooms were not needed. Commissioner Jacobs said that there was discussion atone point about having the courtroom be transformable into mare of a flexible meeting space. David Taylor said that this can be investigated further. He said that it is difficult to move out the furniture that is in there. Commissioner Jacobs would like to flag this issue so that the Board could make a conscious decision to let this passibility go if it will not work. Commissioner Jacobs said that he read about the archaeological survey, but he has not seen anything. Pam Jones said that some remarkable items have been found, but there is not a report yet on this. This has been moved to a phase I I assessment. This will not affect the construction. Commissioner Jacobs asked about the decision to remove paver poles on Margaret lane and the left-turn stacking. Pam Jones said that Duke Power can remove anything at a very high price. It is not in the project budget at this paint. Commissioner Jacobs asked the staff to get a specific price on this. David Taylor said that apull-off area will be created for mass transit that will take out some of the parallel parking spaces. The hope is to get people to stop pulling off right in front of the courthouse. Pam Jones said that there is also information on narrowing the sidewalks and increasing the lane sa that it could be stacked. The civil engineer has this information. Commissioner Jacobs said that the Public Market House was supposed to be ready by May 1St. Pam Jones said yes and David Taylor said that they would shoot for May 15c Commissioner Jacobs said that there was also discussion about having wireless capability at the bus shelter and David Taylor said that this could be done as an alternate. It cannot be done with the project budget. Pam Jones said that the County staff could do this later. Commissioner Jacobs said that he does not think that this will be expensive, and he thinks that people who are using the bus and are waiting will be encouraged to use the bus if they can continue to work. Commissioner Jacobs asked if the thought was having the remote restrooms be unisex and David Taylor said that code will probably say that one has to be male and one has to be female. Commissioner Gordon made reference to the larger of the two courtrooms and the flexibility of using this as a meeting space. She supported Commissioner Jacobs' comments about having this flexibility. She also noted that when this area is being constructed, there will a lot of earth moving because of the utilization of geothermal wells; and they need to make sure the public is aware of this because it might be shocking otherwise. David Taylor pointed out that one of the main sustainable issues of the building is that there will be a geothermal HVAC system, which will serve the new addition and will back feed everything at the existing courthouse, with the exception of the Battle Courtroom, which is fed by the rooftop units. In the park area, there will be a series of 300-foot wells for this system. Commissioner Jacobs said that there should be some public information component about the geothermal wells being drilled. He suggested having same kind of illustration placed at the drilling site and on the website so that people know what is going on. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve the design of the Justice Facilities Expansion Project elements as presented. VOTE: UNANIMOUS c. Ethics and Conduct for County Public Servant Policy The Board considered adopting an Orange County policy establishing ethics and conduct for County public servants. Geof Gledhill said that the Board has talked about an ethics and conduct policy in the past. In March of this year, he reported back to the Board and a summary of the report is attached. He has discovered that many communities have ethics policies and that the policies are not strong in specifics. The State has been involved in the last couple of years in trying to develop a comprehensive ethics policy for State government employees and elected officials. This gained momentum in this last session of the General Assembly because of some of the ethical problems the assembly encountered. He was surprised that the ethics policy was adopted by the General Assembly. The policy is comprehensive and raises the bar on public recording of the kinds of activities that public servants are involved with. He said that it seemed that the Board was looking for specificity and comprehensiveness, and he tried to provide something of this nature. He said that there is no law for counties to adopt an ethics policy, but it can be enforceable by the Board of County Commissioners with respect to advisory boards. With respect to County employees, there may be issues associated with whether or not this policy will apply to people who are already employed. The issues will have to be addressed on a case-by-case basis. Commissioner Nelson commended Geof Gledhill for this thorough policy and his extraordinary effort and he also commended Representative Jae Hackney for his work in the General Assembly on this issue. Commissioner Jacobs said that when he was in San Francisco, there was a story about a Planning Director who had accepted a membership in a country club that was worth $100,000 from a group of people that wanted to influence the planning policy. He asked if this policy would cover something like that because the person was previously employed and was not a new employee. Geof Gledhill said that Orange County has a personnel ordinance that creates a properly right for employees. Some of the policies may have to be integrated into the personnel ordinance. Commissioner Jacobs suggested simplifying this policy for the boards and commissions. Commissioner Gordon made reference to the boards and commissions and asked for a list of ones that are created by State statutes and ones that would come under this policy. Commissioner Gordon said that she would appreciate a good form for these ethics compliance reports and Geof Gledhill said that he, Laura Blackmon, and the Clerk will work on this. Chair Carey said that this policy applies to all elected and appointed officials and he asked if it includes the Sheriff and Register of Deeds. Geof Gledhill said nat unless they want to be included because they are constitutional officers. Chair Carey would like to clarify this. Geof Gledhill suggested having a conversation with the Sheriff and the Register of Deeds. Chair Carey asked about the legislative participation and if a Board member wants to abstain from a vote, he or she has to provide a written request. He would like this to be a verbal abstaining rather than having it in written form. Geof Gledhill said that his purpose for a written requirement is for a record of it. Chair Carey said that the minutes would be a record. Commissioner Gordon questioned item `k' on page 8, where liabilities of the immediate family would have to be listed. It was answered that this would not include emancipated children. She asked haw often this would be updated and Geof Gledhill said that this has an annual reporting requirement. Commissioner Gordon said that overall this ethics policy is a good thing. Chair Carey made reference to page 6 and the definition of a public servant, where it refers to members of the Board of Commissioners or an elected or appointed member of the County Board of Commissioners before taking office. He asked if Commissioner Nelson was considered a public servant from the time he was elected on November 7t". Geof Gledhill said that he would be considered a public servant when participating in official action. Commissioner Gordon suggested that the Board take another look at this and submit comments to the Chair and/or the Manager and bring this back on a consent agenda. Commissioner Jacobs and Commissioner Foushee agreed. Chair Carey agreed and suggested making the inquiry to the Sheriff and Register of Deeds. He said that he would make the inquiry. Chair Carey said to direct comments to the Attorney and copy the Chair. The Board agreed to defer this item. 1Q. Reports-NONE 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to adjourn the meeting at 10:14 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board