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HomeMy WebLinkAboutMinutes - 20070220 APPROVED 3/27/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 20, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 20, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Vice-Chair Barry Jacobs and Commissioners Valerie P. Foushee, Alice M. Gordon, and Mike Nelson COUNTY COMMISSIONER ABSENT: Chair Moses Carey, Jr. COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, 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. 1. Additions or Changes to the Agenda Commissioner Jacobs said that Chair Carey was unavoidably detained out of town and that he would serve as Chair. Commissioner Jacobs said that the Quarterly Public Hearing for February 26t" has been canceled because there are na legally required public hearing items to address that night. Commissioner Jacobs suggested some changes to the agenda. After public comments and before Board comments, he suggested that Judy Truitt give a report on the update of local mental health reform at this time since she is not feeling well. He also suggested moving item 9-a, Hillsborough Area Orange County Strategic Growth Plan Phase I ahead of Board Comments and Manager Comments due to the fact that there are people from the public to speak on this item and it was delayed the last time. The Board agreed. PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda Darcy Wilson lives on Old NC 10, near one of the proposed sites for the solid waste transfer station. She asked that the Board of County Commissioners solicit comments from the community before the looking at this site as an alternative. Commissioner Jacobs said that the Board would absolutely solicit comments if this site is definitely being considered. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 7. Special Presentations a. VF't: Area Ulr@CiOr Upgaie On LOCaI IVlental FiealtCl KeTOrm The Board received an update from the OPC Area Program Director on local impacts, progress achieved, and future prospects under statewide Mental Health Reform. Assistant County Manager Gwen Harvey said that the Board made a request at the January retreat to receive an update from the OPC Area Director related to the progress under statewide reform. The Board also has an the agenda tonight consideration of a public hearing far the legislative agenda, and the proposed goals presented to the delegation, which includes consideration of mental health reform and calling upon the State to help local governments with providing mental health services. Area Director of OPC Mental Health Judy Truitt highlighted some areas of progress. First of all, there was a report mandated by the state legislature that is available at http:l/www.dhhs.state.nc.us/mhddsas/. The report indicates that North Carolina ranks 45t" in the nation on the amount of money that is spent in the mental health system, and ranks 49t" in the nation in the development and implementation of community-based services. The report indicates that North Carolina continues to have a very strong reliance on facility-based and institutional-based programs, which the consultant identified to be a critical issue for the State. The consultant indicated that, in order to bring continuity of care to an optimum level, North Carolina would need to allocate $2.7 billion to the mental health system. Continuity of care is defined by the consultant as providing what the consumer needs when they need it, in the depth and breadth of services that will resolve or stabilize their mental health, substance abuse, or developmental disability issues. Another issue is related to how North Carolina, in its mental health reform effort and in the divestiture of service programs, has created a free market far providers that has been described as haphazard. In North Carolina, providers who are willing and able are able to open shop and can do so and there is an explosion of providers. The question becomes whether there are adequate financial resources to fund and support all of those providers. Another critical issue identified by the consultant is that North Carolina ranks 16`" in the nation on the use of state psychiatric hospitalizations. This over-reliance has resulted in admission rates that are much higher than the national average, and it also means that more funds are being dedicated to inpatient psychiatric hospitalizations than in other states. Orange County averages about 23 admissions per month during this fiscal year to John Umstead Hospital. Another issue identified is that there are many issues regarding who has the ultimate responsibility within the system. The consultants believe that community-based services are overall lacking in the State, but noted that there is a particular concern in N. C. related to substance abuse treatment services. Statistics provided to the LOC indicate that 64°~ of the new prisoners going into the Department of Corrections have substance abuse problems and 20°~ of the individuals admitted to the State psychiatric hospital have a primary diagnosis of substance abuse rather than mental illness. Regarding quality and access to care, OPC has a provider community of over 240 providers that provide over 100 services in the three-county area. The provider network is strong in what the State defines as best practice models. She said that she would be glad to meet with any of the County Commissioners or any other group to discuss other issues related to the report. The second area is that the primary divestiture of all of the service programs within the OPC network was carried out between October 2005 and June 2006. Providers that were divested and services that were moved into the private market are reasonably stable, but the system remains very fragile. During calendar year 2006, 5,152 consumers were served across the three-county area. Seventy-two percent of the consumers were ages 18-65; 25°~ were children under the age of 18; and only 2.6% were aged 65 and older. Almost all of the children in the public mental health system are Medicaid eligible, but only approximately 38% of the adults in the system are Medicaid eligible, which means that the majority of clients coming in are reliant on State funding. Of the 5,152 consumers receiving services last calendar year, there were 2,469 Orange County residents. The third area is OPC's overall financial situation and the financial situation of mental health at the State level. Regarding the $2.7 billion needed for continuity of care, the legislative committee has indicated that they do not know how this will be achieved. Other options are being considered. She said that OPC has faced serious financial concerns and asked the County Commissioners to support them going to Raleigh to ask for financial assistance. The Division of Mental Health and the Secretary of DHHS granted OPC financial assistance and OPC is pulling out of the financial crisis that it was in last year. This fiscal year, OPC will pull down $4.3 million in funding to the local management entity. It will pull down $17.5 million of state and federal monies to serve the indigent poor in the three counties. There is also access to about $2 million in County funding. In the last legislative session, the legislature allocated $91 million of new money to the public mental health system. OPC's allocation for the new funding was $543,000. OPC has also been notified that it was being re-allocated funds over $400,000 in the ongoing allocation for this fiscal year. The net increase was a little over $100,000. Regarding the Local Management Entity, they are currently working on the functioning of this, and there are six primary functions, which include governance and administration, quality management, service management, customer service and consumer affairs, provider relations and development, and business and information management. All of these functions are designed to be the management and not the provider of direct services. Regarding current activities of OPC, the three-year business plan expired in December 2006 and OPC is currently in the process of developing a new local business plan. This plan is due to the Division of Mental Health on March 31St. She will be coming back before the Board in early March to present this plan and give the Board an opportunity for feedback and guidance. In addition, OPC is working on the crisis plan, which will outline the development of crisis services in the three-county area aver the next three years. This plan is due March 1St. The third issue that OPC is working on is the allocation of Mental Health Trust Fund monies, which were put in the budget last year. The recommendations for this are due February 23rd. The fourth area is an application for the Homeless Mental Health Housing Initiative. This application is due March 21St She said that, at the last OPC Board meeting, Chair Carey asked that OPC host a community meeting when the local business plan was produced and available far the community, so that there could be time and opportunity for stakeholders to come and ask questions and receive information. The community forum is to be scheduled in mid- to late- April. OPC is also working on expanding substance abuse services in the three-county area. OPC is looking to expand its crisis services and also create more local alternatives to inpatient hospitalizations. OPC is also working with other agencies within Orange County to attempt to increase access to mental health services in non-traditional settings. This includes working with the Orange County school system, Department on Aging, etc. It is also looking at an opportunity to join with primary care providers in the community to provide consultation and support, in the hopes that primary care providers could treat some basic mental health issues. Judy Truitt said that OPC has heard from stakeholders that they want a way to judge the efficiency, effectiveness, and the outcomes of the provider community. Commissioner Nelson asked for some background information since he is a new Commissioner. He asked why $400,000 was de-allocated. Judy Truitt said that the Division of Mental Health released the preliminary allocation report in mid- to late-April, and the contracts far this fiscal year were based on the preliminary allocation report. In September, the final allocation letter was sent, which outlined where money was de-allocated. The most significant de-allocation was in the Children's Services money, which was $243,245. This was money that the Division of Mental Health indicated that OPC had failed to draw dawn last year. There was also money lost in the federal substance abuse category and the developmental disabilities category. Commissioner Nelson asked Judy Truitt about her perspective on the gaps in the program and what the County Commissioners need to be aware of. Judy Truitt said that one of the major gaps is with substance abuse services, in terms of the work force and funding. Also, appropriate housing and job opportunities for consumers are a significant issue. Also, residential treatment options far children are an issue. Commissioner Jacobs asked for a copy of the data in the report to be sent to the County Commissioners. He said that he has heard about problems in the tri-county area with people who are mentally ill that are being sent to nursing homes. Judy Truitt said that this issue continues. The reality is that these facilities are not designed to provide care for this consumer population. The needs far outweigh the resources available. Commissioner Gordon asked Judy Truitt to elaborate on the statement that 68°k of the population was new. Judy Truitt said that about 32°~ of consumers admitted to Jahn Umstead Hospital are actively in treatment and the other 68% are new consumers to the system. This is a concern in terms of the resource allocation and in terms of the stress that this places on the inpatient facilities. Commissioner Gordan asked why there are sa many new patients and Judy Truitt said that part of the reason is the explosion in population in the three counties, and part of it is the confusion about how to access services. Ms. Truitt said they need to do a better job of getting information to the public. 9a. Hillsborough Area-Orange County Strategic Growth Plan: Phase one The Board considered adoption of a resolution and concept map accepting the Hillsborough Area-Orange County Strategic Growth Plan: Phase One and calling far preparation of an Interlocal Agreement. Planning Director Craig Benedict and Roger Walden of Clarion Associates made a PowerPaint presentation. This is part of a joint funding process with the Town of Hillsborough. He gave some background on this strategic growth plan. Hillsborough Strategic Plan Building on Past and Current Work • Orange and Hillsborough Land Use Plans • 2009 Water-Sewer Boundary Agreement • Hillsborough Vision 2090 • 2005 Urban Transition Task Force • Existing Interlocal Agreement • Churton Street Corridor Study • TDR Study Steering Committee Goals of the Plan • Preserve and Enhance Core Areas • Preserve Cultural and Natural Resources • Coordinate Growth with Water/Sewer • Grow in a Fiscally Responsible Way • Keep Businesses Healthy • Assure Continuity in Public Services Planning Area Regional Context Water Constraints • 3 MGD Now, Can Increase to 4.5 MGD • Current Demand, 9.9 MGD • Demand Will Reach 3.0 MGD in 2009 • With Expanded Capacity, Can Accommodate Additional Development Equivalent to 1, 900 Dwellings and 1.65 Million Sq. Ft. Non-Residential Transportation Constraints • Limited Opportunity for New Roads • Churton Street Over-Capacity • Destinations are South and East • Any Additional Residential Development North of Downtown Makes Problem Worse Developable Land Alternative Scenarios • Status Quo • Planning Emphasis • Market Realities • Unconstrained Growth Public Comment Main Conclusions • Focus Residential Growth to the South • Pull in Utility Service/Annexation Areas • Take Advantage of Interstate Access • Consider Growth Drivers to the South • Encourage Mixed- Use Development • Coordinate with Existing SE Rural Buffer Summary • Stay Within Water Constraints • Define a Firm Service Area /Annexation Line • Minimize Residential Growth to the North • Adjust Land Use Plans • Execute lnterlocal Agreement At and Since Hearings • Support for Concepts and Ideas • Interest in doing this as Phase 1 and Phase 2 • Interest in embracing concepts now, details to follow Implementation Steps • Negotiate and Execute lnterlocal Agreement • Hillsborough to revise Land Use Plan • Orange County to revise Land Use Plan • Orange County to adopt Hillsborough's regulations for application in areas targeted for Hillsborough growth and annexation. Commissioner Foushee asked Roger Walden to go back to the slide for recommendations/implementation steps. Roger Waldon said that the resolution that the Hillsborough Town Board adopted has these points in it. Craig Benedict said that the action before the Board is to approve the resolution {Attachment 1, page 5) and concept map accepting the Hillsborough Area-Orange County Strategic Growth Plan: Phase One, and calling for preparation of an lnterlocal Agreement. He said that the maps are not parcel specific but it delineates areas for future annexation. This is a framework for additional discussion and not a legal public hearing to change land uses. The comments from the Planning Board are in the abstract and the Planning Board approved a version on December 12t" with a unanimous decision. It was discussed again in early February and it voted 8-1 to approve the original thoughts on the issue. Commissioner Gordan verified that the booklet was just the technical background and Craig Benedict said that it was the background document with water potential, etc., and it supports the resolution. Commissioner Gordon suggested an addition before the last "Be it further resolved," to include the two points made by the Planning Board recommendation on December 6, 2Q06. The addition is as follows: "Be it further resolved that the Board of County Commissioners specifically go on record that it has not had the opportunity to view the details to where any lines on the illustrative map might finally be situated nor have citizens in the area really had an opportunity to look at that fully so that we want the record to show that we are not buying into the details of the map at this point to be binding on us or anybody else in the future; and that the County Commissioners understand that in Phase Two there would be extensive outreach to people in those communities with ample opportunities informally and formally to ask questions and find out more about densities ar other factors, about haw this might in fact in implemented and direct that the Planning staff bring back to the County Commissioners specifics on how this might be done effectively." Commissioner Jacobs said that he agreed, but that this could be discussed after public comment. PUBLIC COMMENT: Max M. Kennedy said that he feels that he has not been adequately informed about this, and there should have been a greater effort to include those that are more greatly affected by this than others. He made reference to the plan for limited growth in northern Orange County and said that he does not depend on farmland for a living, but many of his friends do. He said that this plan would limit his friends' ability to capitalize on that far which they have worked their entire lives. He said that he does not see any difference in this and taking the development rights without compensation. This is devaluing property by limiting property owners forever to extend water and sewer. Mike Griffin lives in northern Orange County. He said that the people that live out there have not been informed and they would like to see that any decisions that affect them have a public hearing to be held in the northern part of the County. Willie Van Hook made reference to the water and sewer boundary and said that he owns a little farm in this area. He would like his children to have the opportunity to have this land if they need it. Ben Lloyd is a property owner in Orange County and he said that this is his second visit to Chapel Hill on this matter. He said that the group that was with him last time spent three hours and fifteen minutes waiting to be heard and then the item was deferred. He said that they were told that the matter would be heard in Hillsborough, and it was not. He said that he understands this because the County Commissioners were waiting on Hillsborough to make its decision. He feels that this matter should be held in Hillsborough where the "country folks" feel free to come out and speak what they think. He said that the resolution that the Board is being asked to adopt accepts the November strategic plan. He said that he is under the impression that this is still a part of the November strategic growth plan and Craig Benedict said yes. He said that this is still about the buffer and thousands of acres of land being included in this. This is why the residents are sa upset. He said that he was told at an earlier Planning Board meeting that some of this was not valid, but here it is and it is valid. He said that he has seen several maps. He said that he went to the public hearing in Hillsborough and he came away confused. He would question if the Board of County Commissioners really knows what is in this resolution that it is being asked to approve. He said that he agrees with one of the Planning Board members, that once the ball gets rolling, it will be difficult to change it. He said that the concept of having this without citizen input is scary. He said that this is dealing with what some of the people in this area have worked for to provide for their future and their livelihood. He said that they have na desire to be here tonight and they feel threatened. He said that he has been an employer for 50 years, and he would from time to time stop and imagine himself in the position of his employee and his employee in his position and how he would feel. He believes that if the County Commissioners and anyone else involved in this planning process would stop and imagine themselves in the landowners' position, this would provide a good attitude adjustment. He said that they are fighting for survival. He said that the landowners will work with the County, but when it encroaches on their God-given right after many years of sweat and labor, they will be disagreeing with the County and will not hesitate to let the County Commissioners know about it. Robert Nichols lives in northern Orange County and he is retired. He said that he had a difficult time getting information from the Planning Department on the meeting tonight. He tried to get a packet of information an Monday morning, but he could not get one until noon that day. He said that the map bathers him because there is no way to identify the areas on the map because there are no names on the map. He said that it would nice to get a map that could be read. He asked Roger Walden if he visited these areas. He said that there is not a water shortage in northern Orange County, but a water storage shortage. He said that he is outside of the buffer area and he is in a water critical area. He said that on his farm he can never have water and sewer according to this plan, which means that if his house catches on fire, his house would probably burn. He said that other places in the state have hydrants throughout their counties. He said that if the County Commissianers vote on this tonight, the other thing that has bothered him is where the sludge from the Town is put. He does not want any more sludge spread in northern Orange County. He said that it should be spread within the rural buffer area because that is where it was originated. Roger Waldon said that Hillsborough's water supply of treated water and the information about the yield come from engineering reports and from the Town of Hillsborough. Robert Nichols said that Hillsborough can draw up to 4.2 million gallons a day and it is drawing 1.9 million gallons a day at this time. Evelyn Perry said that she is concerned that the residents have not been notified about this. She has lived on a farm since 1949, and the County is now talking about taking away the value of it. She said that if the County is "taking" the value of their land, this is not right and government should not take away what people have worked all of their lives to make. She said that the land is all they have. She said that the areas targeted for annexation concern her, because it will raise their taxes. William C. Ray said that he understands that someone will have to have three acres of land per dwelling. He asked about the low-income families. He said that if you add on permits to build a house, then this would cost $70,OQ0+ to just start a house. Lower income people will have to go to another county. He asked about the plans to deal with low-income families. Commissioner Jacobs said that when the County Commissianers speak, they will respond to some of the concerns. Commissioner Foushee asked Craig Benedict to address the comment about the maps. Craig Benedict said that the map that Mr. Lloyd pointed out is a map within the strategic growth plan, and it is a framework for discussion. The map indicated that there may be some areas under Orange County's planning area and some under Hillsborough's planning jurisdiction, and there are areas external to that, which will not be provided by water and sewer, that will be addressed in phase two. This is a framework for discussion. He said that the map was purposely made with mare blurred lines so as not to fix lines at this paint. Commissioner Nelson asked about notification procedures. Craig Benedict said that this started out as a small area planning process and it was advertised for the quarterly public hearing in local newspapers. This is not a legal requirement where land use and zoning is being changed. At such time that this is done with other phases, the County would have to make specific notification per state law. Commissioner Jacobs asked for clarification about the acres per unit and Craig Benedict said that this is not before the Board at this paint. He said that densities are not a topic for vote tonight. Commissioner Gordon said that she has same similar concerns as the Planning Board regarding the notification and what was included with regard to maps, etc. She said that there are some real concerns. She said that if the Board does decide to pass it, she would like to add to the resolution as she stated, or consider this at the next meeting in Hillsborough. Commissioner Foushee agreed with Commissioner Gordon and said that she would like to see more transparency in the process in terms of people having proper notification. Commissioner Nelson concurred with the comments of Commissioner Gordan and Commissioner Foushee. He feels very comfortable adding Commissioner Cordon's two paints to the resolution. He said that the notification process concerns him and he believes that when they are talking about a small area plan, it is very important to notify all people that would be affected. He said that other local governments have an extensive notification process and so should Orange County. Commissioner Jacobs said that he is fine with adding the language as suggested by Commissioner Gordon, to make sure that it is differentiated that, when it actually does reflect an a specific parcel, that there be a thorough public process. Commissioner Jacobs said that he wanted to be clear that there is no rural buffer proposed, and there are no zoning changes or acreage changes per unit proposed. He said that, in answer to the question about affordability, there are some things that the County would like to do about this, but it is not there yet. Commissioner Jacobs said that he thinks that it is important to recognize that what has been discussed so far is already in the exiting land use plan. He said that the limitations on water and sewer are already in place. The main differences have to do with the edges of Hillsborough. He said that his property would be affected by what is going an in this agreement, and he had to work to buy his property. He said that the County Commissioners respect the stewardship of residents in northern Orange County, who have preserved and have tried to improve their property. He said that a lot of this has to do with having agreements with Hillsborough as to how it is going to grow. Commissioner Jacobs asked Commissioner Gordon if she felt comfortable with making her motion with items 2 and 3 as she stated above. Commissioner Gordon said that she wanted to suggest that it be included in the motion. Commissioner Jacobs clarified that, if there was a motion, based on what staff has recommended, it would be acceptance of the November 2006 Tawn of Hillsborough-Orange County Area Strategic Growth Plan booklet and the phase one resolution, and associated concept map, and that the Board specifically go on record that it has not had the opportunity to view the details to where any lines on the illustrative map might finally be situated nor have citizens in the area really had an opportunity to look at that fully so that we want the record to show that we are not buying into the details of the map at this point to be binding on us or anybody else in the future; and that the County Commissioners understand that in Phase Two there would be extensive outreach to people in those communities with ample opportunities informally and formally to ask questions and find out more about densities or other factors, about how this might, in fact, be implemented and direct that the Planning staff bring back to the County Commissioners specifics on how this might be done effectively. Commissioner Gordon clarified that this language would be an additional "Be it resolved." A motion was made by Commissioner Gordan, seconded by Commissioner Foushee to modify the resolution to state what was stated above, making this statement the next to the last Be it Further Resolved. VOTE: UNANIMOUS Commissioner Jacobs said that the County Commissioners will make sure that everyone has ample opportunity to know what the County is up to. He said that if any resident has problems getting information that they should be in touch with the County Commissioners. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to accept the November 2006 Town of Hillsborough-Orange County area Strategic Growth Plan booklet and January 17, 2007 Phase One Resolution (as modified to include the two paints stated in the Planning Board's recommendation) and associated concept map. VOTE: UNANIMOUS 3. Board Comments Commissioner Foushee said that the Ena Economic Development District Task Farce met last night and it was well attended with more than 35 people. There were representatives from the City of Durham and staff from Orange County. The major topic was water and sewer and how that might be arranged. The next meeting will be on March 12th at 5:30 in the Link Center. This meeting will be about land use and everyone who is interested is invited. She said that one of the Carrboro Aldermen has suggested that those who have a stake in the transfer station should take a tour of the one in Greensboro. She suggested having staff arrange a date to tour this one. This might be helpful for people to get out of the mindset of a landfill as opposed to a transfer station. The Board agreed. Also, the neighbors of the passible US 70 site should be included. Commissioner Gordon and Commissioner Nelson would bath like to go. It would be advertised as a County Commissioners' meeting and OPT vans could be used. Commissioner Nelson said that last night in the Governor's State of the State speech, the Governor made a strong statement urging the legislature to deal with the Medicaid funding situation this year. Commissioner Nelson said that Representative Insko has introduced a bill regarding the Orange County Heritage Center. Commissioner Gordan said that last night she and Commissioner Jacobs attended the New Hope Park at Blackwood Farm meeting. The group is getting closer to a consensus. Commissioner Gordon said that the Transportation Advisory Committee of the Durham- Chapel Hill-Carrboro Metropolitan Planning Organization made its recommendations and appointments for the Special Transit Advisory Commission. It agreed that each MPO would make its appointments. The DCHC MPO sent the information to 49 entities and received a good pool of interested candidates. She listed the Orange County appointees. This process is supposed to run until the end of October 2007 with CAMPO, and the goal is to have a unified vision of future transit investments in the Triangle area. Commissioner Jacobs asked Laura Blackmon to speak on the meeting with Durham Technical Community College. He said that the Chair and the Vice-Chair met with representatives of the developer of Durham Tech and the Town of Hillsborough about sprinkler issues. Commissioner Jacobs said that there was a very well-attended agricultural summit. There were a lot of good questions. Next year people from surrounding communities may be invited, especially since money has been committed from Durham, Alamance, and Chatham Counties for the feasibility study far the value-added processing center. Senator Kinnaird is supposed to approach Person County again with Dianne Reid to see if that board would rethink its participation. Commissioner Jacobs said that he read A State of Fear, by Michael Crichton, which makes the argument that there is no global warming and that environmental organizations exist only to perpetuate themselves and to raise a state of fear in order to raise funds. He recommended the book to the County Commissioners. Commissioner Jacobs said that the Board received a letter from the President of the Triangle United Soccer Association, offering to work with the Board of County Commissioners on some of the development of soccer facilities. He thanked Mr. Tew for the letter and offer and he suggested that the Board ask staff to come back with a timetable for developing the West Ten Soccer Complex and a cost breakdown of the different elements. Also, he would like a specific timetable for the fields at Southern Park and Twin Creeks so that there is a complete picture. He also suggested that staff meet with soccer representatives about how to partner with the County. Commissioner Gordon said that this is suitable, but it also falls under item 9-e. She would also like the staff to research several additional things, including the economic viability of the West Ten Soccer Center and the funding now available for all of the public soccer facilities planned in the county. Commissioner Jacobs said that he is suggesting directing staff to do those things. Commissioner Nelson said that he would like to sit in on these meetings and Commissioner Gordon said that she would like to sit in too. Commissioner Jacobs suggested having this at a work session. Laura Blackmon said that the staff would try and develop the timeline with the cost estimates and provide it back to the Board. She does not think that this can be done by the work session in March. 4. County Manager's Report Laura Blackman said that there were some issues related to the sprinkler system at the Durham Tech building. The sustainable issues have been worked out. She said that there was some disconnect between requirements of Hillsborough and its review. There were some perceived requirements of water pressure and water flow. She thinks that the Durham Tech officials, in meeting with the Hillsborough officials, are going to be able to work out the requirement. It was going to be an additional $400,000 for the sprinkler system and a little over $100,000 for the pump. 5. Items for Decision--Consent Agenda Laura Blackman pointed out that the tax assessment items on the consent agenda are now going to include a cumulative amount. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for January 19 and 23, 2007 as submitted by the Clerk to the Board. b. Appointments -None c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 51 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to four requests for property tax release requests in accordance with N.C. General Statute 105-381. e. Property Tax Refund The Board adapted a refund resolution, which is incorporated by reference, related to one (1} request for property tax refund request in accordance with N.C. General Statute 105-381. f. Application for Property Tax Exemption The Board approved one untimely application for exemptianlexclusian from ad valorem taxation for the 2006 tax year. g_ RFP Award: Marketing, Advertising and On-line Web Strategies for the Chapel HilllOrange County Visitors Bureau This item was removed and placed at the end of the consent agenda far separate consideration. h. Homestead Road Campus Concept Plan This item was removed and placed at the end of the consent agenda far separate consideration. i. Designated Agent for Federal Financial Assistance Under Disaster Relief Act The Board authorized a change of the designated agent far Orange County far Federal Disaster Relief Act projects from Mr. John Link to Ms. Laura Blackmon, for the purpose of obtaining, maintaining, and closing out projects that fall under the Disaster Relief Act (Public Law 288. gird Congress). L Gateway Building Unit 200 and Unit 300 This item was removed and placed at the end of the consent agenda far separate consideration. k. Walnut Grove Church Road Property License to Use as Pasture The Board approved a license to use land owned by the County on Walnut Grove Church Road as pasture for cattle and authorized the Chair to sign. I. Inter-local Agreement -Cost Sharing for Fairview Land Swap Survey The Board approved a proposed Inter-local Agreement to provide far cast sharing of land surveying services necessary to the land swap as recently authorized by the Town and the BOCC within the Fairview Public Campus Master Plan and authorized the Chair to sign. m. Proposed Grant Application for Smart Growth Implementation Assistance The Board approved the submittal of a grant application to the Development, Community, and Environment Division (DCED} in the U.S. EPA's Office of Policy, Economics, and Innavatian far implementation assistance related to smart growth in the Efland area and authorized the Chair to sign and submit prior to the March 8, 2007 deadline. n. Change in BOCC Regular Meeting Schedule for 2007 The Board amended its regular meeting calendar by: -re-scheduling the Joint Meeting with the Town of Hillsborough (originally scheduled for February 15`") for Monday, March 19, 2007 at 7:30 p.m. at the Link Government Services Center in Hillsborough, N. C.; and -moving the Clerk's evaluation from Thursday, May 31, 2007 to Monday, June 4, 2007 at 5:30 p.m. at the Southern Human Services Center---prior to the Budget Public Hearing at 7:30 p.m. {Chair will be out of town the week of May 28-June 1); and - moving the Budget Public Hearing on Tuesday, May 29, 2007 to Thursday, May 31, 2007 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina (the two public hearings were originally scheduled for May 29`" and May 31 ~` -however, the BOCC was able to move the 31 S` budget public hearing to Monday, June 4`" and it was suggested that it would be helpful to staff to have the budget public hearings as close together as possible- therefore, if the BOCC approves this abstract, the budget public hearings will be on May 31 S` in Hillsborough and June 4`" in Chapel Hill}. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: ,g_ RFP Award: Marketing, Advertising and On-line Web Strategies for the Chapel Hill/Orange County Visitors Bureau The Board considered awarding a Request for Proposals (RFP) award for providing Marketing, Advertising and On-line Web Strategies fro the Chapel HilllOrange County Visitors Bureau and authorizing the Chair to sign contingent upon final review by staff and the County Attorney. Commissioner Gordon made reference to the Financial Impact of $50,000 and asked for verification that this come out of revenues that the Visitor's Bureau already has. It was answered yes. Commissioner Gordon said that this is a great idea and Orange County government should be doing something similar, as part of a county strategic communications plan. Laura Blackmon said that the staff does have a strategic communications plan in the works. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve awarding a Request for Proposals {RFP) award for providing Marketing, Advertising and On-line Web Strategies for the Chapel Hill/Orange County Visitors Bureau and authorize the Chair to sign contingent upon final review by staff and the County Attorney. VOTE: UNANIMOUS h. Homestead Road Campus Concept Plan The Board considered approving the attached map as the Concept Plan for the Homestead Road Campus. Cammissianer Jacobs said that he wanted to make sure that wording was added in the last paragraph of the first page, as follows: "In order to accommodate long-term space requirements for the County, it is recommended that the house be removed, with minima! harm to the existing mature hardwoods, thereby allowing a more efficient use of the land." Laura Blackmon said that they have looked at this site and the house would not be able to be removed in whole without cutting down trees. Purchasing and Central Services Director Pam Jones has been discussing deconstruction with same individuals in this business. Commissioner Jacobs said that he still wants to state, "with minimal harm to the existing mature hardwoods." A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to adopt the Homestead Road Concept Plan as stated above, with the modification as stated above, and to direct staff to move forward with a plan to remove/deconstruct the house. VOTE: UNANIMOUS L Gateway Building Unit 200 and Unit 300 The Board considered approving {1) a lease with option to purchase for approximately 22,846 square feet of space in Unit 200 and Unit 300 of the Gateway Center Condominium, Hillsborough; and {2) approving the Condominium Declaration for the Gateway Center Condominium and authorizing the Chair, Clerk, County Manager, Finance Director, Purchasing Director, and the County Attorney to execute the appropriate paperwork. Commissioner Gordon verified with Pam Jones that the overall amount far this project, including the rest of the County campus is $23.5 million. She thinks that the debt issuance schedule said $25 million. Pam Jones said that some of the debt issuance would be for the upfit for vacated space, and there was also discussion about adding some additional sustainable design elements. Commissioner Gordon asked if this includes the approximate $500,000 far the lease and Pam Janes said that it does not. Cammissianer Gordon asked who owns the land underneath the building and if any contamination is found there who would be responsible. Pam Jones said that under the Gateway Building the County will own the land in condominium with Weaver Street Market. There was a soil assessment and it was clean. The same is true on the Southern States property. The County will own the land underneath the buildings, but not under the parking deck. Commissioner Gordon asked far clarification on who would own the Gateway Building. Geof Gledhill said that the deed the County will get, if it exercises the option to purchase the Gateway Condominiums, is the deed to the condominiums units, numbers 200 and 300. The land is a common element of each of the units. Commissioner Gordon asked several clarifying questions, which were answered by Geof Gledhill. Geof Gledhill said that this is a new idea for Orange County to own a condominium. He said that Orange County and Weaver Street will manage this building together. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve (1) a lease with option to purchase for approximately 22,846 square feet of space in Unit 200 and Unit 300 of the Gateway Center Condominium, Hillsborough; and (2) to approve the Condominium Declaration for the Gateway Center Condominium and authorize the Chair, Clerk, County Manager, Finance Director, Purchasing Director, and the County Attorney to execute the appropriate paperwork. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution of Approval -Conservation Easement far Fickle Creek Farm The Board considered a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Fickle Creek Farm and authorizing the Chair and Clerk to sign, subject to final review by staff and the County Attorney. Rich Shaw, Land Conservation Manager far ERCD, introduced this item. He shaved the area on a map. The site is 61 acres and on the east site of Buckhorn Road. Since acquiring the property in 1995, the owners, Noah Ranells and Ben Berggman have made several improvements to the land. In 2006, Orange County designated this farm as part of the Cane Creek/Buckhorn Voluntary Ag District. Today the owners sell products to the Durham and Hillsborough farmers markets. The owners intend to grant a conservation easement to permanently protect the entire property for farm use. The cost of easement purchase is $277,050, or $4,500 per acre. Part of the cost, $138,500, would be paid from a grant from the federal government with the Farm and Ranchland Protection Program. OWASA has also agreed to participate in this project, consistent with its interest in limiting density of development in the Cane Creek watershed. OWASA will contribute $61,000 to the project, which is awaiting approval. The County's share of the cost - $83,550 -will come from alternative financing approved by the Board far conservation easement purchases. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to approve a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Fickle Creek Farm and authorize the Chair and Clerk to sign, subject to final review by staff and the County Attorney. RESOLUTION Approval of Agricultural Conservation Easement between Orange County and Fickle Creek Farm WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, agriculture in Orange County is an important facet of the economy and way of life in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime or threatened farmland within water supply watersheds; and WHEREAS, Fickle Creek Farm includes approximately 61 acres in the Cane Creek protected watershed, consists of a majority of prime soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, in 2006 Orange County designated Fickle Creek Farm as part of the Cane CreeklBuckhorn Voluntary Agricultural District; and WHEREAS, a matching grant was awarded to Orange County from the federal Farm and Ranch Land Protection Program to help protect the future of this farm with an agricultural conservation easement; and WHEREAS, a conservation easement an this 61-acre farm would ensure the preservation of this farmland for future generations and compensate the owners for this commitment: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by Noah Ranells and Ben Bergmann; 2) approve the execution of this conservation easement agreement with Noah Ranells and Ben Bergmann, in accordance with the terms of the proposed easement agreement, subject to final review by staff and the county attorney; and 3} authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about March 31, 2007. This the 20th day of February, 2007. VOTE: UNANIMOUS b. A Resolution Supporting Sidewalk Construction on Martin Luther King, Jr. Boulevard by the NCDOT and Maintenance by the Town of Chapel Hill Upon Completion The Board considered approval of a resolution supporting construction of a sidewalk on Martin Luther King, Jr. Boulevard by the N.C. Department of Transportation (NCDOT) within the Town of Chapel Hill's Joint Planning Transition Area and authorizing the Town of Chapel Hill to assume maintenance of the sidewalk upon completion. A motion was made by Commissioner Gordan, seconded by Commissioner Nelson to approve a resolution supporting construction of a sidewalk on Martin Luther King, Jr. Boulevard by the N.C. Department of Transportation (NCDOT) within the Town of Chapel Hill's Joint Planning Transition Area and authorizing the Town of Chapel Hill to assume maintenance of the sidewalk upon completion. A RESOLUTION SUPPORTING SIDEWALK CONSTRUCTION ON MARTIN LUTHER KING JR. BOULEVARD BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WITH THE TOWN OF CHAPEL HILL PROVIDING MAINTENANCE UPON COMPLETION WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990, September 30, 1998, February 2, 1999, and August 20, 2002; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; and WHEREAS, a Joint Planning Transition Area was identified wherein the Town administers its Land Use Management Ordinance as if the land were located within the Town's planning jurisdiction; and WHEREAS, Chapter 936, Section 1 of the 1986 Session Laws of the General Assembly of North Carolina enables the Town, with the approval of the Orange County Board of Commissioners, to construct capital improvements outside the Town limits, but within the Town's Joint Planning Transitian Area; and WHEREAS, the Chapel Hill Town Council adopted a resolution on January 22, 2007 requesting County approval for the Town to work with the North Carolina Department of Transportation to construct a sidewalk an Martin Luther King Jr. Baulevard in the Joint Planning Transition Area and for the Town to maintain the sidewalk upon completion; NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners supports construction of a sidewalk on Martin Luther King, Jr. Boulevard by the N.C. Department of Transportation (NCDOT) within the Town of Chapel Hill's Joint Planning Transition Area and authorizes the Town of Chapel Hill to assume maintenance of the sidewalk upon completion. VOTE: UNANIMOUS $. Public Hearings a. Orange Caunty's Proposed 2007 Legislative Agenda The Board continued a public hearing and considered approving potential items for inclusion in Orange County's legislative agenda package for the 2007 North Carolina General Assembly Session. Commissioner Jacobs said that he, Noah Rannells, and Dianne Reid met with Senator Kinnaird yesterday about drafting a bill to get funding for the development of the value-added agriculture center, which was part of the legislative agenda. There was no public comment. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to close the public hearing. Commissioner Jacobs said that the last time this was addressed, he brought up changing the use value in order to include some of the smaller farmers. He suggested changing the wording to an acreage minimum "and" $1,000 per year for a certain number of years, to saying "or". He said that the Attorney said that it could not be done by County option, but it would have to be statewide. He thinks that this is a defeatist attitude, and even though he expects the Association of County Commissioners to oppose it, he would still want to promote the local agriculture. There are a lot of people with small acreages who make the income. He said that Greg Wilder was supposed to write this up, but he's been ill. Commissioner Jacabs asked staff to bring this back with the warding. Laura Blackmon made reference to Funding Request and said that the Construction and Startup Funding for a Model Regional Shared Use Value-Added Processing Center has been rewritten. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve potential items for inclusion in Orange County's legislative agenda package for the 2007 North Carolina General Assembly Session, and authorize staff to come back with the wording change as stated by Commissioner Jacobs. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda b. Orange County Speedway 2007 EMS Coverage Contract The Board considered contracting with the Orange County Speedway for the provision of Emergency Medical coverage to ensure public safety at public events and authorizing the Chair to sign contingent upon final review by staff and the County Attorney. Interim Emergency Services Director Kent McKenzie introduced this item. He said that there is a separate item to contract with the Sheriff's Office far coverage to the speedway. These are both requirements of the North Carolina Fire and Life Safety Codes. Laura Blackmon said that there were concerns about the paying time and a half for personnel because they would be working a full week, and this would be considered overtime for EMS personnel. She wants to make sure that this is understood. Kim Foushee, Director of Operations of Orange County Speedway, said that in previous encounters with staff, the representatives of the speedway have voiced some concerns that Orange County is treating the speedway as a source of revenue. She said that they realize that the speedway has a tax base here. She said that, since the Agees' purchased the speedway, the speedway has raised $300,000 in taxes for Orange County. She said that there is also the Highway 57 Small Area Planning Task Force, and when this comes to life, this would impose an additional expense upon the speedway, with many items required to bring the speedway up to current standards. The track is currently being forced to work under restrictions. She said that there is an opportunity for the speedway to provide these services through a third party. Currently on her staff, she has six double North Carolina certified firefighters and EMTs. Since they began planning for the 2007 season, from the security aspect, she has hired a head of security that is a Durham Police Officer as well as a Person County Deputy. She said that the speedway has to pay sometimes three times more than other speedways their size for these services. She said that the northeast corner of Orange County relies on services in Hillsborough and the southern end of the County. She said that they feel like the main reason that they have to use EMS services in particular is because of the relationship to the speedway. There are many speedways that use EMT services and are not being charged what Orange County Speedway is being charged. She said that she does not want to downplay the safety of the fans, crews, staff members, or drivers. Unfortunately, the current interpretation of codes and laws excludes the use of a more economical means of achieving an environment that is just as safe as County services. She said that when Rod Visser was Acting County Manager, he assured the speedway that a review of the County fire code and his interpretation would be brought forward, but it never came through. She said that Dannie Sides, Operation Manager for the North Carolina State Emergency Management, informed them that the SOP meets the state guidelines for track instant coverage as long as any needed medical transport is covered by 911. She said that Mr. Sides has offered to meet with staff and the speedway and go over this. She said that many tracks in North Carolina are not forced to have on-site county ambulances provide basic medical service and they call 911 for support. She said that the representatives of the speedway couldn't fathom the burden of being charged time and a half for EMS and Sheriff services, especially when some of the people are being hired from other counties. She said that they have implemented a track emergency plan; they have secured correct equipment; and hired competent personnel, yet it is not enough for the County. She said that they trust that Orange County is truly interested in seeing Orange County Speedway become financially solvent and a viable business partner to this community. They have not asked for any economic incentives, as many businesses do. They would like to partner with the County in a way that benefits everyone. She said that they have also expressed an interest to County staff in providing space on the speedway property for an outreach EMS base. Finally, she said that the speedway would appreciate consideration for the tax dollars already spent. They would also like the availability to negotiate with a third party or have their own staff to provide these services that will not stretch the County staff. She asked for reasonable charges far the services rendered by the County staff, should they not be able to handle it on their awn. Kent McKenzie made reference to the third party options regarding EMS, and said that several options have been discussed about this. Under the North Carolina Office of EMS guidelines, he has spoken with Mr. Sides several times about this situation and other event coverage needs. The County is a responsible party for emergency medical services, and it franchises other entities to participate in the County's EMS system. The concern is providing appropriate medical care based on the risk of the venue and based on the population at the venue. He said that there is not a facility in close proximity to the speedway, so resources are being brought in to provide on-site medical care. He deferred to Fire Marshall Mike Tapp to address fire services. Orange County Fire Marshall Mike Tapp said that the North Carolina Fire Prevention Code requires for certain public events to have adequate law enforcement protection, fire protection, and EMS coverage. The only thing that has to be enforced in the code section is to ensure that the services are acquired. There is nothing in the Fire Prevention Code that stipulates what kind of coverage is to be provided, just that coverage be there. He said that he met with Caldwell Fire Department recently, and the fire department is legally responsible for the speedway, because it is within the legal service area of the Caldwell Fire Department. Commissioner Nelson made reference to the franchise and said that he is assuming that for someone to qualify for a franchise, there would be certain criteria, etc. Ken McKenzie said that this is correct and that franchise applications wauld have to be heard by the Board and there are some public hearing requirements. Commissioner Nelson said that, if the franchise is an option, then he does not understand the problem. Kim Foushee said that they are in the business of racing and not in providing community service on an ongoing basis. It is extremely cost prohibitive for them to do this. She said that the EMS staff has been the mast cooperative all along. She said that she still does not have a clear answer as to why other counties can operate with an EMT and a fireman, and why Orange County feels like it has to have such a stranglehold an the speedway. Commissioner Gordon said that the County always charges full cost recovery and this is not unique to the speedway. Vance Agee, owner of Orange County Speedway, said that Commissioner Gordon is correct about the County getting full recovery of costs, however, it has also been determined that Orange County is the highest of all counties in the state. He said that the speedway business brings in $6 billion in the state of North Carolina alone. He said that they are asking far consideration for a concession to bring the charges in line with the rest of the racing facilities in the state, which is $1,000/race. Commissioner Jacobs suggested having staff meet with the speedway representatives. He asked the Manager to do a written analysis of how Orange County does this compared to other counties. He said that he agrees that the County should recover the cast of the services. He wants to understand why this is so different in other parts of the state. The Board agreed and Commissioner Gordon noted that the agendas said that the speedway opens March 10tH Vance Agee said that they are just down to economics and he wants something that is fair and reasonable for everyone. Commissioner Jacobs said that staff could work expeditiously an this. The Board agreed. lterrr tabled. c. Contract with Orange County Speedway -Sheriff's Office The Board was to consider approving a contract with the Orange County Raceway (OCR), Inc. to provide law enforcement coverage at events and races at the Orange County Speedway during 2007 and authorizing the Chair to sign subject to final review by staff and the County Attorney. DEFERRED d. Authorization to Debut Live Casting of BOCC Meetings The Board was to consider official authorization to debut live casting of BOCC meetings from Southern Human Services Center on March 27, 2007 on Orange County Government Channel 265. DEFERRED e. Authorization to Proceed With Alternative Financing The Board considered approving the County's plans to issue $96.2 million in alternative financing between fiscal years 2006-07 and 2009-10 and authorizing staff to proceed with the required steps necessary to obtain the financing planned for fiscal year 2006-07 including request for proposal (RFP} for underwriting services and minority participation in band counsel services and authorize staff to proceed. Budget Director Donna Coffey said that there are several projects underway in the County, and the estimation is that over the next three years these projects will cost about $96.2 million to complete. It is the intent to debt finance the projects. It has been concluded that the County can afford to debt finance these projects over this time period. Donna Coffey said that the Board approved the projects and the estimated costs at the September 14, 2006 work session. Then, on December 12, 2006, the Board held a public hearing regarding the plans. Donna Coffey said that during the public hearing, no one spoke against the debt issuance plans, and there have been no written comments regarding debt issuance. In order to meet the cash flow needs for certain projects, the County needs to issue just over $50 million in debt before June 30, 2007. The staff is asking the Board to authorize the staff to proceed with the steps necessary to obtain the financing before this date. She listed the actions. The $50 million would be financed for 20 years at a 6°~ interest rate. The debt service payment for next fiscal year would be $1.5 million, ar about 1.2 cents on the tax rate. The following year, the payment would be $5.5 million, or about 4.3 cents on the estimated tax rate. PUBLIC COMMENT: Cameron Tew asked to have his letter entered into the record. He said that he would be amenable to discussing partnering with the County. He urged the Board of County Commissioners to go out and watch soccer groups on Saturday mornings. The letter is below: To: Moses Carey Jr., Chairman Barry Jacobs, Vice Chairman Valerie Foushee Alice M. Gordan Mike Nelson Dear Orange County Commissioners, A couple of weeks ago, a number of people involved with the soccer community, including myself, came to speak to you regarding the planned construction of soccer fields at the West Ten Soccer complex. At that time, many of us urged you to consider focusing efforts to build soccer fields in the southern portion of Orange County where the fields might better serve the majority of your constituency. As you plan to meet on Feb. 20 to discuss the Authorization to Proceed With Alternative Financing in which the remainder of the funds from the Soccer 5uperfund will be allocated, Triangle United Soccer Association would ask that you do not earmark all the remaining money to the West Ten Soccer Complex. Instead of building a large concession stand area, including an extravagant scoreboard and other amenities outside of soccer fields, we'd suggest holding back a portion of the money and meeting with people from the soccer community to best determine how to allocate all of the funds. Triangle United has not come to you in the past to discuss fields because we had felt we would be better served to search for land to buy and build our own fields. We are actively searching for appropriate sized parcels and have several potential donors ready to supply funding as needed to help purchase land and build the fields. Our organization would consider working with Orange County on apublic-private partnership to build needed soccer fields in the area, if this was something that the Board of Commissioners deemed appropriate. Our club serves more than 2,500 youth players in the area, and other groups such as Rainbow Soccer serve thousands of others. Our two groups would be the largest that any new fields in the area would serve and we'd like to discuss options with you. Regards, r~ , l,~r"P"'Yt ~~ V J. Cameron Tew Triangle United Soccer Association, President (919) 638-711 Commissioner Nelson said that there were soccer representatives that attended a Commissioners' meeting a couple of weeks ago. He said that he has a little hesitancy in proceeding with the West Ten portion of this debt issuance until there is feedback from the staff. Commissioner Gordon said that the letter asks to talk with the County about the soccer fields. She said that they should say "development of soccer facilities" for the $2.2 million instead of saying "West Ten Soccer Complex", and this would be responsive to the soccer community. When the information is brought back, then the Board can decide. Commissioner Foushee agreed. Commissioner Jacobs said to call for a vote on this. Commissioner Jacobs said that until the Board knows where the process is in development of the West Ten Soccer Complex, it is premature to change what it is being called. He said that the County Commissioners are acting as if they do not know what they are doing, when there has been a steady course on this project. He said that one Commissioner has opposed this from the beginning and continues to oppose it. He thinks that there should be information before the course is changed. The Board has until May to discuss and decide on the debt issuance projects. Commissioner Gordon said that it is fair to say that the Board has not approved it yet since it was discussed at a work session. She said that tonight the Board is making a decision as to what it is going to do. Until the Board as has approved and funded this project as part of the debt issuance schedule, the Board has not made is final decision. She said that there will definitely be something at West Ten, but it is just a question of what will be there. Commissioner Jacobs pointed out that the Board has approved this several times at regularly scheduled meetings. Commissioner Foushee asked for Recreation and Parks Director Lori Taft to come forward. Commissioner Foushee said that she remembers talking about this in an official meeting. Lori Taft said that this was discussed at a work session, and it was also discussed at the October 3rd regular meeting and was approved. Commissioner Jacobs suggested getting the information before changing course. Laura Blackmon said that the debt issuance schedule would still have to be approved, but the Board could defer their approval of the list of projects to the funded in the schedule. Commissioner Gordon said that she asked the Clerk to research whether the Board had ever approved the West Ten Soccer Complex, Phase Two, and the Clerk to the Board Donna Baker said that she had researched only the minutes about the debt issuance schedule. Commissioner Jacobs said that the vote was 4-1 to fully fund the West Ten Soccer Complex. Bob Jessup said that the list can be let loose because the Board will be making final decisions on the list. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the schedule that includes LGC approval on June 5, 2007 and authorize staff to proceed with the RFP and selection processes for unden+uriters and bond counsel as described in the abstract. VOTE: UNANIMOUS f. Parking Options During Justice Facility Construction The Board considered options to provide public and staff parking during construction of the Justice Facility Expansion Project. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the parking plan as outlined and lease documents to be prepared for signature by the Chair reflecting substantially the terms and conditions cited. Commissioner Nelson asked about storm water runoff and if there would be a facility constructed, and the costs. Pam Jones said that she does not know about this. The County Engineer has been working on it. This facility will have gravel. Commissioner Jacobs asked if purchasing the parcel was an option as opposed to spending $1,500 a month for two years. Pam Jones said that it is not available for sale. VOTE: UNANIMOUS 10. Reports a. Report on Efland-Mebane Small Area Plan Implementation Focus Group The Board was to receive information regarding the Efland-Mebane Small Area Plan Implementation Focus Group DEFERRED b. Report on Recommendations Reaardina Petitions far Addition of Subdivision Roads to the State Maintained System The Board was to receive a report on processing Petitions for Addition of subdivision roads to the State Maintained System. DEFERRED 11. Closed Session A motion was made by Commissioner Gordan, seconded by Commissioner Nelson to go into closed session at 10:37 p.m. for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property for conservation easements, PIN 9856-36-2947 and PIN 9841-26-5878," NCGS § 143- 318.11(a)(5). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to reconvene into regular session at 10:55 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to adjourn the meeting at 10:55 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board