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HomeMy WebLinkAboutMinutes - 20070410 APPROVED 511 512 0 0 7 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 10, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 10, 2007 at 7:30 p.m. in the F. Gardon 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 COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and Brian Ferrell 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. Mew agenda format 1. Additions or Changes to the Agenda Chair Carey said that he has been asked to remove item 2-a. This item will be considered on April 24t" Chair Carey thanked the County Manager and the Commissioners who contributed to the new agenda format. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. ProclamationslResolutionslSoecial Presentations a. Proclamation Recoanizinq UNC Women's Soccer 2006 NCAA Championship The Board was to consider a proclamation recognizing the UNC women's soccer team for winning the 2006 NCAA Women's National Soccer Championship and authorize the Chair to sign. DEFERRED b. County Government Week Proclamation The Board considered proclaiming the week of April 22-28, 2007 as Orange County Government Week, endorsing the "Student Government Day" activities, and authorizing the Chair to sign the proclamation. Sharron Hinton asked the Board of County Commissioners to proclaim the week of April 22-28, 2007 as Orange County Government Week. Student government day will be April 25t", and there will be a bus tour of the County for the high school students. The tour will include the courthouse, the Sportsplex, Blackwood Farm, the animal shelter, and a brief overview of human services at the Southern Human Services Center. She read the proclamation. Commissioner Gordon asked if there was going to be a mock Commissioners' meeting and Sharron Hinton said no because this year they wanted to do something different. Commissioner Gordon said that she really likes the idea of the mock Board of County Commissioners' meetings, but it is fine to do something different. Commissioner Gordon suggested giving the students some orientation information about the environment and the services that the County provides regarding the environment. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve proclaiming the week of April 22-28, 2007 as Orange County Government Week, endorse the "Student Government Day" activities, and authorize the Chair to sign the proclamation as stated below: Orange County Government Week April 22 - 28, 2447 PROCLAMATION WHEREAS, the nation's 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, counties take seriously their responsibility to protect and enhance the health, welfare and safety of their citizens in sensible and cost-effective ways; and WHEREAS, many county government initiatives involve the protection of valuable and vulnerable environmental resources in communities; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States, provides essential services to the nation's counties, advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money; and WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation's counties, NOW, THEREFORE, BE IT RESOLVED THAT, the ORANGE COUNTY BOARD OF COMMISSIONERS, do hereby proclaim April 22-28, 2047 as National County Government Week in Orange County, North Carolina. This, the 10th day of April 2007. VOTE: UNANIMOUS Laura Blackmon said that when the students do the tour of the County, the students will be exposed to more than just looking at the places. There will be information about economic development, Lands Legacy, recreation, etc. c. Orange County Senior Games Proclamation The Board considered proclaiming the weeks of April 23 -May 17, 2007 as Orange County Senior Games Events Days and May 15 -July 28, 2007 as SilverArts days, to encourage residents age 55 and over to participate and the general public to be observers, and authorizing the Chair to sign the proclamation. Doris Morrell is a Senior Games Ambassador, and an Orange County and State Senior Games participant. She introduced this item. Commissioner Gordon read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve proclaiming the weeks of April 23 -May 17, 2007 as Orange County Senior Games Events Days and May 15 -July 28, 2007 as SilverArts days, to encourage residents age 55 and over to participate and the general public to be observers, and authorize the Chair to sign the proclamation as stated below: PROCLAMATION Orange County Senior Games Whereas, Population studies indicate there are mare than 24,000 persons aver 55 years of age in Orange County; and, Whereas, Orange County government recognizes the value of health, fitness, and social well-being, and understands the challenges faced by mature adults in pursuing regular exercise, healthful eating, volunteer opportunities, and community engagement; and Whereas, Promoting and developing aging-friendly communities built an active living principles emerged as a central theme in the recent Master Aging Plan Update process; and Whereas, Orange County Senior Games provides a special opportunity for persons over 55 to affirm health and fitness through spirited athletic competition and celebration; and Whereas, Orange County calls upon governmental agencies, community partners, local businesses, and residents of all ages to strive and achieve active, healthy lifestyles; and, Whereas, Orange County solicits the special support and participation of county residents age 55 and older in the many events and activities planned as part of the 2007 Senior Games; NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April 23 -May 17 as Athletic Events days and May 15 -July 28 as SilverArts days, a part of ORANGE COUNTY SENIOR GAMES AND ENCOURAGES CITIZENS AGE 55 AND OVER TO COME OUT AND PLAY! This, the 10t" day of April, 2007. VOTE: UNANIMOUS d. Public Safety Telecommunicators' Week Proclamation The Board considered proclaiming the week of April 8 through 14, 2007 as Public Safety Telecommunicators' Week in Orange County and authorizing the Chair to sign the proclamation. Captain Dinah Jefferies introduced this item. Commissioner Foushee read the proclamation. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve proclaiming the week of April 8 through 14, 2007, as Public Safety Telecommunicators' Week in Orange County and authorize the Chair to sign the proclamation as stated below: PUBLIC SAFETY TELECOMMUNICATOR'S WEEK 2007 A PROCLAMATION WHEREAS, Thousands of dedicated Telecommunicators daily serve the residents of the United States and Canada by answering their telephone calls for law enforcement, fire, and emergency medical services by dispatching the appropriate assistance as quickly as possible; and WHEREAS, The critical functions performed by professional Telecommunicators also include those related to forestry and conservation operations, highway safety and maintenance activities, and many other operations performed by federal, state and local government agencies; and WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by the Association of Public Safety Communications Officials and the National Emergency Number Association; and WHEREAS, These associations are organizations of more than 100,000 people engaged in the design, installation and operation of emergency response communications, and have set aside the week beginning April 8, 2007, to recognize Telecommunicators and their crucial role in the protection of life and property; NOW, THEREFORE, we the Orange County Board of Commissioners hereby proclaim the week of April 8-14, 2007, as "National Public Safety Telecommunicators Week" in Orange County, North Carolina, in honor and recognition of our County's Telecommunicators and the vital contributions they make to the safety and well being of our citizens. Adopted this 10th day of April 2007. VOTE: UNANIMOUS e. Resolution of Appreciation for Volunteers Serving on County Advisory Boards and Commissions The Board considered a resolution of appreciation for the volunteers who serve an County advisory boards and commissions and authorizing the Chair to sign. Jack Chestnut said that he began volunteering in 1999 when the Master Aging Plan was a concept and now they are updating it. He said that he has been on the Affordable Housing Advisory Board and he is now the Chair of the Advisory Board on Aging. He has also been on the board of both senior centers. He said that the Board of County Commissioners has always cared about the volunteers and they are appreciative of this. Commissioner Jacobs said that Jack Chestnut represents the spirit of volunteerism. He thanked the Clerk for getting the gifts for the volunteers, which were ordered from an Orange County business. Commissioner Jacobs read the resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve a resolution of appreciation, which is stated below, for the volunteers who serve on County advisory boards and commissions and authorize the Chair to sign. RESOLUTION VOLUNTEER RECOGNITION 1N ORANGE COUNTY Whereas, the annual National Volunteer Week, a 34-year tradition, with a theme of "Inspire by Example!", will be April 15-April 21, 2007; and, Whereas, National Volunteer Week designates a special time to recognize and celebrate the tremendous efforts of volunteers and is held to recognize and celebrate the efforts of volunteers at the local, state and national levels; and, Whereas, last year, nearly 90 million volunteers stepped forward to make our communities a better place to live; and, Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other organizations to provide needed services to County residents; and, Whereas, volunteers have greatly contributed to the enrichment of our communities to help make Orange County a better place to live; and, Whereas, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cost effectiveness and efficiency of government operations; and, Whereas, the involvement of volunteers has strengthened and reinforced the democratic process by volunteers contributing their time to help address community challenges; and, Whereas, during April, the Orange County Board of County Commissioners will show its appreciation to its dedicated volunteers by presenting each with a gift; Now, therefore, let it be resolved that the Orange County Board of Commissioners sincerely thanks its volunteers for their community spirit, expertise, dedication and commitment to the residents of Orange County and hereby recognizes the week of April 15t" through April 21St 2007 as VOLUNTEER WEEK IN ORANGE COUNTY This the 10t" day of April 2007. VOTE: UNANIMOUS f. Presentation from Human Services Issues Forum 2006 The Board received the final report on the proceedings of the Human Services Issues Forum held on September 16, 2006 by the Human Services Advisory Commission {HSAC}. Emily Adams, Chair of the Human Services Advisory Commission, recognized liaison Commissioner Foushee, and Commissioner Gordon and Commissioner Jacobs who attended. She said that they worked with some students from NC Central University to put together an overview. The topic was, "Communities Responding to an Aging Society, the Fabric of our Lives." She said that they partnered with the Advisory Board on Aging and there were 120 participants that day. There were discussions on transportation, housing, information and access to services, and transitional care. She referred to the report, which was provided to the County Commissioners. Chair Carey thanked Emily Adams for an excellent forum last year. 3. Public Comments a. Matters not on the Printed Agenda Sarah Chasnovitz spoke on behalf of the National Health Law Program and the Immigration and Human Rights Policy Clinic at the UNC School of Law. She asked for the County Commissioners to support a resolution calling for Orange County to recognize health as a human right. The resolution is stated in the yellow packet. She said that this is an opportunity to be leaders in the promotion of health as a human right. The resolution is stated below: A RESOLUTION CALLING FOR THE RECOGNITION OF HEALTH AS A HUMAN RIGHT WHEREAS, Orange County is committed to the health of its residents; WHEREAS, although Orange County has made major gains in achieving high levels of health for the people of Orange County, there is much to be accomplished; WHEREAS, the critical health issues facing Orange County and the state of North Carolina include lack of access to health prevention, diagnosis, and treatment; that specific lack of access occurs particularly in prenatal, mental health, and dental care; and that such lack of access is experienced more acutely in certain populations, manifesting itself in conditions such as infant mortality and low birthrate, heart disease, stroke, diabetes, lung disease, HIV diseases and death, cancers, and obesity; WHEREAS, in Orange County, particularly disparate outcomes are found in diseases such as nephritis, diabetes, prostate cancer, colon cancer, breast cancer, cerebrovascularond heart disease, and lung cancer; in particular, Orange County most notably includes comparatively low rates of early lead poisoning testing; WHEREAS, the Orange County Board of Commissioners is committed to promoting and protecting the human rights of its residents, including citizens, non-citizens, adults and children; WHEREAS, international law establishes health as a human right; WHEREAS, various international agreements provide a comprehensive framework for improving the health of people around the world, and that nations in support of the agreement have agreed to fallow the prescriptions of international agreements, for example: The right of everyone, not only to the "preservation of health," as set forth in the American Declaration on the Rights and Duties of Man, but also "to the enjoyment of the highest attainable standard of physical and mental health," as set forth in the International Covenant on Economic, Social, and Cultural Rights {ICESCR}, affirmed by the Declaration of Alma-Ata, and reinforced far children in the U. N. Convention on the Rights of the Child {CRC); The right of women, in particular, to equal "access to health care services, including those related to family planning [and to] appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation," asset forth in the Convention on the Elimination of All Farms of Discrimination Against Women {CEDAW}, which the North Carolina General Assembly has resolved to urge the United States Senate to adopt in H. R. 388 {1999}; The "right of everyone, without distinction as to race, color, or national or ethnic origin, ta... public health, medical care, social security and social services," as emphasized in the U. N. Convention on the Elimination of All Forms of Discrimination; And to ensure these standards for health are met, the "right to a standard of living adequate for the health and well-being of himself and of his family," affirmed in the Universal Declaration on Human Rights; WHEREAS, Orange County shares the goals of international agreements affirming faith in human rights and in the dignity and worth of the human person; WHEREAS, the mission of the Orange County Health Department is to "enhance the quality of life, promote the health, and preserve the environment for all people in the Orange County community" and the bylaws of the Orange County Human Relations Commission state that the commission shall "seek to prevent and eliminate bias and discrimination because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance"; WHEREAS, it is fitting and appropriate to support ratification of the mast important international agreements affecting the health of people throughout the world, and yet few of these agreements have been ratified by the United States; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners: Section 1. Recognize health as a fundamental human right, and that it applies to every human being, regardless of race, class, gender, citizenship, ethnicity, age, sexual orientation, or any other divisive categorization, both globally and locally; Sectian 2. Encourage our state and federal legislative and administrative health agencies to recognize health as a fundamental human right; Section 3. Encourage Congress to ratify and fully implement the International Covenant on Economic, Social, and Cultural Rights, the UN Convention on the Rights of the Child, and Convention on the Elimination of All Forms of Discrimination Against Women; Section 4. Strive to provide Orange County residents with the "highest attainable standard of physical and mental health," as promoted by the ICESCR; Section 5. To attain this higher standard of health, encourage such actions as ensuring that lead poisoning testing and surveying be provided to all Orange County children; Section 6. Strive to eliminate disparities in health outcomes by ensuring equal access to health services; Sectian 7. Recommend the Orange County Health Department, in its State of the County Health Report, to include statistics on lead poisoning testing and surveying; Section 8. Urge the Orange County Human Relations Commission to make health as a human right a priority in its Social Justice Agenda; Section 9. Forward this resolution to our state and federal legislative delegations on behalf of the residents of Orange County. Commissioner Nelson thanked the group for bringing this forward. He said that health should be treated as a human right. He said that when this comes back he will be supporting it and he thinks that the Board should support it. He said that Presidential candidate John Edwards supports health care reform. Commissioner Jacobs said that Representative Insko has proposed that this be a part of the North Carolina Constitution. Chair Carey said that this resolution would be referred to the Health Director. He said that Representative Insko did something similar last year and the Board supported it, but the bill died. He said that this issue will not go away. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to refer this resolution to staff. VOTE: UNANIMOUS Frank Carr said that the residents on Rogers Road do not have OWASA water. He has concerns about the transfer station going in there and he wants to know why the Board of County Commissioners did not act to get the people on Rogers Road water service. He asked for clarification. Chair Carey said that the County did a study to determine if the concerns about water quality were a result of the landfill in the area, and the result was that there was no relationship. He said that the County and the Towns have invested in extending water lines to this community and have worked together to provide low-cost or subsidized hookups for people in the community. Frank Carr said that the affordability is also an issue of the same category as public health. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 4. 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 -None b. Appointments -None c. Tax Abstract and Billing Production Agreement Approval This item was removed and placed at the end of the consent agenda for separate d. Budget Amendment #10 The Board approved budget ordinance amendments for fiscal year 2006-07 for Health Department, OrangelChatham Justice Partnership Program, Cedar Grove Fire Department, and Recreation and Parks Department. e. Schools Adequate Public Facilities Ordinance (SAPFO) - Review of Annual Technical Advisory Committee Report This item was removed and placed at the end of the consent agenda for separate consideration. f. Resalutian Supporting a Real Estate Transfer Tax for Orange County and Other North Carolina Counties The Board approved a resolution, which is incorporated by reference, authorized the Chair to sign the resolution, and directed the Clerk to the Board to forward copies of the signed resolution to Orange County's legislative delegation, the North Carolina General Assembly leadership, the other 99 North Carolina counties, and the North Carolina Association of County Commissioners. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Tax Abstract and Billing Production Agreement Approval The Board considered authorizing none-year agreement with American Solutions for Business for the production of tax abstracts and billings, beginning July 1, 2007 and authorizing the Manager to sign. Commissioner Jacobs thanked the staff for continuing to try and pursue an Orange County vendor. He also complimented the Clerk for trying to use an Orange County business. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to authorize gone-year agreement with American Solutions for Business for the production of tax abstracts and billings, beginning July 1, 2007 and authorize the Manager to sign. VOTE: UNANIMOUS e. Schools Adequate Public Facilities Ordinance (SAPFO) - Review of Annual Technical Advisory Committee Report The Board received for review the 2007 Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC} and considered referring it to the SAPFO partners for comments before certification in mid-June. Commissioner Gordon made reference to pages 2-4, which has to da with changes in capacity in the elementary schools for CHCCS when Elementary #10 comes online. She made reference to the method for calculating the reduced capacity and said that the County Commissioners are responsible for certified capacities. She asked the staff to ask each school system for the method of calculating the reduced capacities. Commissioner Gordon noted on page 55 that the Flow Chart of Schools Adequate Public Facilities Ordinance Process has to do with the capital investment plan. She specifically painted out item 5, "The Capital Investment Plan work sessions and Public Hearings are conducted by the BOCC in the spring of each year." A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to forward the 2007 SAPFOTAC Annual Report to the SAPFO partners far review and comment before June certification. Chair Carey asked if the Board agreed with the request of staff to obtain information from the school systems about the method of calculating reduced capacities and the Board agreed. 5. Public Hearings-NONE 6. Regular Agenda a. Resolution for Approval of Alternative Financing The Board considered adoption of a resolution required for the County to pursue alternative financing for various capital projects. Finance Director Ken Chavious said that the project list, which is still tentative, is included as an attachment in the abstract. The Board has until May 3rd to finalize the listing of projects, which totals $50,057,000, to be included in the LGC application schedule for approval by the LGC for the June 5th meeting. Staff proceeded with the request for proposal process for this financing. He said that he provided the Board with a brief report at the March 20th work session regarding the results of the RFP process. He said that at that time staff was strongly considering the issuance of COPS as a financing tool. Also, the County received a very aggressive private placement quote from SunTrust. The SunTrust proposal is the staff recommendation, which continues provisions that include a 20-year term at a 4.1 °rb interest rate. In addition to this excellent interest rate, the County will save $300,000-400,000 in issuance costs, as well as a significant amount of staff time. The staff is pleased with the outcome of this process with SunTrust. The Manager is recommending that the Board adopt the resolution and authorize staff to proceed with the financing. Commissioner Jacobs asked the Board for permission to abstain from this vote because in one of his jobs, SunTrust administers the funds that pays his salary. He would prefer to avoid the interference of a conflict of interest. Geof Gledhill said that a member can be disqualified from voting and Commissioner Jacobs is saying that since SunTrust pays him, there is a financial conflict of interest, and on that basis he can be excused from voting. A motion was made by Chair Carey, seconded by Commissioner Foushee to approve Commissioner Jacobs' abstention from voting on this item. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve the adoption of a resolution required for the County to pursue alternative financing for various capital projects as stated below: 2007 Orange County installment financing for various projects -Resolution supporting an application to the Local Government Commission for its approval of a financing agreement, and taking other appropriate action WHEREAS - The Orange County Board of Commissioners has made a preliminary determination to use installment financing to provide funds, to be used with other available funds, to pay costs related to the various capital projects described on Exhibit A. The County has solicited competitive proposals to provide the desired financing, and SunTrust Bank ("SunTrust"} has submitted the best proposal. Under the guidelines of the North Carolina Local Government Commission (the "LGC"}, this governing body must make certain findings of fact to support the County's application for the LGC's approval of the County's proposed financing arrangements for the projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, as follows: The Board makes a preliminary determination to finance the projects described above by use of installment financing. The total amount to be financed will not exceed $50,057,000, plus amounts that may be needed to pay financing costs and to pay other necessary and related costs. The listing of capital projects to be financed as described on Exhibit A is tentative and subject to final Board action at a later meeting. The County makes a tentative determination to accept the SunTrust proposal dated March 13, 2007, to provide the contemplated financing. This determination is subject to final approval by the Board after the required public hearing, approval by the LGC, completion of documentation acceptable to the Board and negotiation of final financing terms between the County and SunTrust. The County's Finance Officer is authorized and directed to file an application with the LGC for its approval of the project and the proposed financing arrangements and to take all necessary and appropriate action related to the LGC approval process. The Board appoints the Finance Director as the County's authorized representative with respect to the LGC application process. The County requests that the LGC approve the County's application far such financing. The Board makes the following findings of fact in support of its application for approval and its determination to proceed with this financing: a. The proposed projects are appropriate for the County under all the circumstances. The Board has considered these projects an multiple occasions as part of the Board's capital investment planning process. b. The proposed installment financing is preferable to a bond issue for the same purpose. It is appropriate for the County to balance its capital finance program between bonds and installment financing, and the County has already applied some general obligation bond funds and other resources to these projects, especially including the school projects. c. The estimated sums to fall due under the proposed financing contract are adequate and not excessive for the proposed purpose. The SunTrust proposal provides not only competitive interest rate and prepayment terms but also lower than expected transaction costs. As confirmed to the Board at this meeting by the County's Finance Officer, (i} the County's debt management procedures and policies are sound and in compliance with law, and (ii) the County is not in default under any of its debt services obligations. The County expects that the amounts required to repay the amounts financed for the projects will require the equivalent of a real property tax increase of approximately 3.5 cents. Such an increase is appropriate under all the circumstances, given the need for the projects. The County Attorney is of the opinion that the proposed projects are authorized by law and are purposes for which public funds of the County may be expended pursuant to the Constitution and laws of North Carolina. The County intends that the adoption of this resolution will be a declaration of the County's official intent to reimburse project expenditures from financing proceeds. The County intends that funds that have been advanced, or that may be advanced, from the County's general fund, for project costs will be reimbursed from the financing proceeds. A public hearing on this matter will be held at the Board's meeting of May 3, 2007. The Manager is authorized and directed to set the time of the hearing, and the Clerk to this Board is authorized and directed to publish a notice of such public hearing in the manner provided for by law and in substantially the form of Exhibit B. This resolution takes effect immediately. VOTE: UNANIMOUS (with Commissioner Jacobs abstaining) b. County Capital Funding Policy Amendments The Board considered amending the County's Capital Funding Policy to include use of the anticipated NC Education Lottery proceeds, intent for funding for recurring capital and presentation of future Capital Investment Plans. Budget Director Donna Coffey introduced this item. She said that most recently at the March 20t" work session, the Manager walked the County Commissioners through the County's current capital funding policy and the formula. The current policy does not include lottery proceeds. These proceeds are being received, and the estimate is that the County will receive about $2 million this year compared to the $2.4 budgeted and compared to the $2.7 that the State projected. Also, during the March 20t" meeting, both school systems presented a long list of capital needs, including renovations to all of the facilities. Each school system noted that one of the top priorities was updating the older facilities, and the requests far updating those facilities totaled about $25.3 million for the two school systems. Given that total, it will take a long time to fully fund the renavatian needs on apay-as-you-go basis. The Manager has made some recommendations about this. The current policy dedicates the equivalent of four cents on the property tax each year to school and County recurring capital projects. Three cents is dedicated to school projects and one cent is dedicated to County projects. To date, due to fiscal constraints over the last several years, the Board has been able to fund only two cents of that, and all of those two cents is currently going to school projects. With regard to the calendar for the CIP, this has normally been presented in late spring. The proposal is to have the Board look at it in the fall when things are not so compacted with the budget. Laura Blackmon went through the recommendations: 1. Direct staff to amend the current County Capital Funding Policy to include the following provisions: Beginning in fiscal year 2007-08, the County will budget NC Education Lottery proceeds "in arrears" -meaning that funds will be budgeted in the year after the State distributes them. Far example, lottery praceeds distributed to the County during the upcoming 2007-08 fiscal year would be budgeted the following fiscal year, 2008-09; Commissioner Gordan said that it is a goad idea to budget in arrears, but one problem is that you might not get the money because it could be sequestered. Laura Blackmon said that this money does earn interest while the State has it, so the County would not be losing anything by requesting it at the end of the fiscal year. Commissioner Gordon asked that staff check it out anyway. Donna Caffey said that several years ago the State withheld public school building funds for those counties who did not have it dedicated to pay debt service. Commissioner Jacobs agreed with Commissioner Gordon and said that part of the reason the County has been off stride with the Capital Improvement Plan is because the County Commissioners took money out of the School/Park Reserve Fund since the Governor stole the money. He wants to minimize the exposure to the degradations of other elected officials. Laura Blackmon clarified that the suggestion is to draw the lottery proceeds down at the end of each quarter when it is available, but still budget in arrears, if possible. The Board agreed. b. NC Education Lottery monies will be dedicated to repay debt service for debt issued after fiscal year 2006-07 to address school facility renovation needs; Laura Blackmon said that there was a meeting of the school collaboration committee, and there was consensus that the schools may want to use funds from debt service for renavations, but they want flexibility. If the Board agrees with giving the schools flexibility, the staff will recommend that once the decision is made to use the funds for debt, that there not be any flexibility until the debt is paid off. Chair Carey said that he concurred with the schools on having the flexibility. He said that if the money is used far debt service, it is a continuous cost. He thinks that both school systems thought that they could designate a portion for debt service and use the remainder for pay-as-you-go items. He wants to be able to track this. Commissioner Foushee said that she supports giving the schools flexibility. She said that she recalls earmarking impact fees far debt service. Commissioner Jacobs said that the committee did agree to that yesterday in the meeting and he received an email from Superintendent Pedersen today outlining what he had proposed yesterday, which is adding some flexibility to either use the money to repay debt service, or to directly apply to renovations. He said that one advantage to the County is that it would not automatically be incurring more debt. Commissioner Gordon said that she would support this. Laura Blackmon said that debt capacity would be opening up in 2008-09. Cammissioner Gordon said that when the impact fee study is done, the Caunty Commissioners may need to revisit the policy. It was pointed out that revenues from impact fees have been declining. c. It is the intent of the Board of County Commissioners to dedicate the equivalent of four cents on the annual ad valorem property tax to funding recurring capital expenditures for schools (three cents) and county (1 cent}. However, there will be times when the County will be bound fiscally and unable to achieve full funding. During those times, Commissioners may find it necessary to depart from the Policy. Commissioner Nelson said that .04 is a worthy goal. He suggested looking at a four- year plan to implement this because atwo-cent increase in one year would be too much. Commissioner Jacobs and Commissioner Gordon agreed. Chair Carey said that he thinks all of the County Commissioners want to do this, and they can just decide to do it when the staff brings a recommended budget back. This can be done without directing the staff. d. During October of each fiscal year, the County Manager shall present, to the Board, ten-year County and School capital needs and funding plans in the form of a Capital Investment Plan. Each year, the Board of Commissioners shall conduct a public hearing on the Manager's Recommended CIP during November and subsequently adopt aten-year Capital Investment Plan (CIP). e. The first year of the adopted ten-year Capital Investment Plan shall become the annual capital budget and incorporated into the next annual operating budget recommended by the County Manager. Commissioner Gordon agreed that this next year and the way they are going, it would make sense to have the capital budget in October, but in the longer term, she would like to try to schedule the capital budget in the spring. She said that work could be done in the fall, but she would like to do it formally in the spring. Donna Coffey said that the schools liked the fall schedule better because it allows them to plan better for the spring. Since all schools are closed in the summer, the school boards like to know up front how to plan for the next year. Laura Blackmon said that the ten-year plan would be done in the fall, but the one-year budget would be done in the spring. Commissioner Gordon asked about the language in 1 e, that says, "shall become the annual capital budget..." Laura Blackmon said that Geof Gledhill has recommended including language that says, "shall become the basis for the annual capital budget and incorporated into the next annual operating budget recommended by the County Manager." Chair Carey suggested that the Board act on the components of #1 first. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve item #1, with changes. VOTE: UNANIMOUS (2) Request that the CHCCS and OCS Boards of Education prioritize existing school facility needs and present those needs with the School Collaboration Work Group for their review during Summer 2007. Based on the outcome of the Collaboration Work Group's review and recommendations: a. Direct County staff to analyze how the school facility needs can be accommodated in the County's debt issuance plans for fiscal year 2007-08; Present the outcomes of these recommendations at the September 2007 Joint Meeting of the Boards of Education and County Commissioners; Commissioner Gordan made reference to item `a', and said that the County is working on a $50 million debt issuance for 2007-08. Donna Coffey said that the debt will be issued this fiscal year - 2006-07. Commissioner Gordan said that some facility needs of the schools are not going to be accommodated in 2007-08 because they are farther out. Donna Coffey said that the language could say 2007-08 and beyond. Laura Blackmon said that the idea was to incorporate the schools' facility needs in the strategic planning for the next ten years. Commissioner Gordon suggested scheduling out the schools' facility needs through the entire ten-year CIP. Donna Coffey said that this would be accomplished in the ten-year plan. A motion was made by Commissioner Gordan, seconded by Commissioner Nelson to approve item #2, with changes ("and beyond"}. VOTE: UNANIMOUS (3) Direct staff to: a. Prepare an interim County and School pay-as-you-go capital budget for fiscal year 2007-08 to be presented to Commissioners in conjunction with the County's annual operation budget in May 2007; Present, in October 2007, ten-year Capital Investment Plan that includes the outcomes of the School Collaboration Work Group as outlined in item 2 (above). Commissioner Gordon suggested adding an item `c' to hold a public hearing. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve with changes. VOTE: UNANIMOUS c. Orange County Speedway 2007 EMS Coverage Contract The Board considered contracting Emergency Medical coverage with Speedway Management for public events at the Orange County Speedway to ensure public safety and authorize the Chair to sign upon review by the County Attorney. Interim Emergency Management Director Kent McKenzie said that this is a follow up. Since this information was presented last, the staff evaluated the basis used to calculate the fees charged far EMS special event coverage. It was found that when the fees were initially calculated about ten years ago, some assumptions were made that resulted in a higher fee than the average cost. The highest salary rather than the average salary was used. The adjustments were made, and there is a 15% reduction in the fee for the speedway. The staff also talked with the Sheriff's Office and the fire department about ways to reduce other public safety costs for the speedway. The Sheriff and the speedway came to an arrangement where private security personnel will be on-site at the speedway and regular road deputies would respond if there was a need. This reduces the fee. There is a reduction in the hours of coverage from the fire department, and there is an additional reduction in the hours of coverage providing for emergency medical services. The hours are being limited to times when the public is present in the stands at the speedway. PUBLIC COMMENT: Speedway Operations Manager Kim Foushee thanked the staff for assisting them in reducing the costs of running the speedway. She said that she is intrigued and excited about the 15% reduction in fees, but she would not have heard this information if she had not attended this meeting tonight. She said that she just heard about this meeting last night by chance. She said that she will look at the numbers. Speedway owner Vance Agee said that they have been communicating with staff and he and Kim Foushee would like to have a follow up meeting with staff to finalize this. Chair Carey asked about the next steps and Kim Foushee said that they are still doing research on same items and she would like the Board to defer this decision. Laura Blackmon apologized and said that she thought staff had time to meet with the speedway representatives since this was discussed a few weeks ago. She proposed putting this on the April 24t" agenda. Chair Carey asked about any time constraints and Vance Agee said that there is a race on April 21St Commissioner Jacobs asked about an existing contract and Kent McKenzie said that the speedway has been charged for the services that are based on the fee schedule adopted last year as part of the budget. There is no contract. He said that part of the recommendation is that any changes made to the fee schedule would be applied retroactively far the entire racing season. Geof Gledhill said that the speedway would be charged based on the current fee structure, and if this contract or something similar were adopted, it would be adjusted retroactively. Laura Blackmon pointed out that the hours of coverage have already been reduced. Commissioner Jacobs thanked staff for working with the speedway proactively. DEFERRED until April 24t" d. Robert and Pearl Sevmour Center Pronased Praarams. Services and Staffing Request The Board received information on the Robert and Pearl Seymour Center proposed function, services, and programs, and a request far approval of hours of operation and a staffing plan. Department on Aging Director Jerry Passmore gave a PowerPoint presentation. The Robert & Pearl Seymour Center Shaping Our 21St Century Opening May 1, 2007 A Community Partnership Historical Perspective • MasterAging Plan -March, 200? - Identifies Seniors Centers as a Need • Sr. Center Band Approval -Nov., 2001 - Construction of two Centers • Robert & Pearl Seymour Center • Central Orange Senior Center Four Historic Aging Trends that impact the new Seymour Center: • Never before in history have we seen - - Such a wide age range, 55-105 with varied needs and impairments. (85+ fastest incr.} - Such an explosion in sheer numbers 60+ Population: Yr2000-13,321 Yr2007-16,441 Yr2010- 18.916 Yr2020-28,340 - So many living more years in declining health - Such alarge/growing number of retirees who are a major talented human resource ~?~~hat is the Seymour Center ? • Definition - a facility for older adults That serves the southern part of the county and provides a broad program of services and group activities. • Requirements- Must be open at least eight (8) hours per day- M-F. Description of the Seymour Center • Location - 255 Homestead Road (central to Chapel Hill/Carrboro) • Size - 25,000 Sq, ft (Current ~6,000J • Proposed Hours- M-Th, 8-9:30 p. m. Fri, 8-5 p. m., Sat. 8-2 p. m. (Current- M-F, 8-5 p, m, Depending on classes M, Tu., Th.-6:30-9:30 p.m., Some Sat.) Designed far the 21St Century Three key qualities: • A highly visible, central location. • A one-stop resource for older adults & families. • A Resource for the entire community. The Seymour Center Design based on community Input • Citizen Input Phase - Forums (May-June, 2003} - Surveys (May- August, 2003) - BC~CC appointed citizen design committee (Sept, 2004 -Aug, 2005) • Agency Input Phase - Work Group Meeting (Fa11,2003) - Surveys {Fall, 2003) The new Seymour Center: a Multifunctional Design • information Center • ConsultationlReferral Center • Agency Services Center • Volunteer Opportunity Center • Food Service Center • Emergency Day Shelter • Transportation Center • Eldercare Services Center • Leisure and Education Center Services at the Seymour Center • Information/referral • HealthNVellness • Aging TransitionslEldercare • Volunteerism (RSVP) • Life-long Learning • Recreation/Leisure • Nutrition/Food • Drop-in (Conversation/relax) • Community Partners The Seymour Center requires additional staffing due to: • Expanded permanent evening and weekend hours. (Facility Operator) • An increased volume of older adults to check-in, register & collect fees. (Front Desk Manager) • A larger two-floor center to clean and monitor, (Custodial Services) Laura Blackmon said that there are two requests -staffing for the Department on Aging and staffing for Public Works. She said that there is a problem with the Southern Human Services facility with the need far custodial service during the day. Once the senior center opens, there will be some issues of trying to maintain the facility on a daily basis. The proposal is to have a person at the Homestead facility to handle bath of the buildings. Commissioner Jacobs asked if the hours at the Central Orange Senior Center would be the same and Jerry Passmore said that the staff is evaluating this issue. Commissioner Jacobs requested that the custodial person also police the perimeter of the parking areas. Public Works Director Wilbert McAdoo said that this would be included in the custodial position. Commissioner Jacobs wants to make sure that grounds maintenance is stated in the job description. Commissioner Jacobs would like to see the user numbers of the senior centers versus the libraries. He said that some of the library people have complained far years that there are not enough hours that they are open to the public. He said that the senior centers are going to be open and available a lot, and he would like to see the numbers. Commissioner Gordon asked clarifying questions about the custodian, facility operator, and the office assistant. Public Works Director Wilbert McAdoo said that he would be responsible far the custodial services and the building maintenance. Jerry Passmore would be responsible for the programmatic issues as it relates to the senior center. Commissioner Jacobs asked Laura Blackmon about a process for scheduling roams in this facility. Laura Blackman said that the staff is working on this policy. Commissioner Jacobs said that he saw several emails about the size of the roams at the senior center and Laura Blackmon said that she has not had a chance to talk with Jerry Passmore about this. Chair Carey said that he responded to the lady who raised the issue, and then she responded back. The County Commissioners will receive this information on the resolution of this issue. Commissioner Jacobs commended the custodial staff that sets up the Board of County Commissioners' meetings. Commissioner Gordon asked about facility usage an the weekends and Chair Carey said that this will all be part of the Manager's recommendation. Laura Blackmon said that the facility would be closed an Sunday, but there will be a process for someone to use the facility. Jerry Passmore said that the staff is working on a facility usage process. The priority is seniors, County government, and then the public. A motion was made by Commissioner Jacobs seconded by Commissioner Gordon to approve the new Seymour Center expanded hours, a permanent part-time facility operator (.7~ FTE), a permanent Office Assistant II (Front Desk Manager) (1.00 FTE), a permanent Public Works custodian (1.00 FTE), a supplemental custodial services contract with Orange Enterprises and Public Works budgeted increase in utilities and equipment as stated in the table, which is incorporated by reference. VOTE: UNANIMOUS e. West Ten Soccer Center Public Private Partnership The Board considered authorizing the County Manager to continue to pursue discussions with Sports Endeavors and other potential partners in the West Ten Soccer Center project. Recreation and Parks Qirector Lori Taft said that there was discussion about the County being approached by Sports Endeavors about potentially partnering with the County on the soccer center. Most recently, in February, the Manager sent the Board some information detailing the proposed partnership. This could be a large amount of funding for the County. The Manager is recommending that the staff go ahead with discussions with Sports Endeavors. Laura Blackmon said that this will also involve some of the ways in which the facility may be used for tournaments, etc. She did not want to proceed unless this new concept of naming rights in this privatetpublic partnership is something the Board is interested in pursuing. Commissioner Nelson said that he has some frustration with this item, because he does not know why anyone would want to turn down money, but on the other hand he has heard for years that there are some deep seeded concerns amongst some citizens over decisions that have been made on where soccer facilities are placed and how they are developed. He said that there were citizens at a meeting a couple of months ago expressing concerns. The Board referred it to staff, and there has been na feedback about these items. He is frustrated that these questions have not been answered. He is not opposed to working something out with Sports Endeavors. Commissioner Gordon agreed with Commissioner Nelson and said that this item is premature. She said that she does not want to turn down money for a project, but there have been questions raised. She made reference to the bond referendum from 2001 and said that a Capital Needs Advisory Task Force, composed of citizens from all over the county, worked for several months and came to an agreement about where bond projects would be located around the County. She said that there was no mention about a soccer complex. She said that same questions include whether this is a recreational facility or an economic development facility. She said that this was premature in the sense of negotiation on specific elements of this process. Commissioner Jacobs said that he understands Commissioner Nelson's frustration. He said that he recommended at the February 20t" meeting that this all be brought back at a work session instead of just to two Commissioners. He said that he has been working on this since 2000. In fact, in 2000 the soccer complex was identified and he served on the task force. There was a brochure developed in 2001, which answers many of the questions an the orange sheet that was distributed last time. He suggested that in the future when there is an item about soccer, that this report be distributed. He said that he personally believes in substantial equivalency, and this was the thrust of trying to get a comparable number of soccer fields. He said that the Board does not have to decide the details of the complex, but he would like to start discussions with Sports Endeavors. Chair Carey said that it is not disquieting to him to approve this policy about publiclprivate partnerships, specifically as it relates to this project. He said that he approved the West Ten Complex because the County Commissioners have a responsibility to the people all over the County regardless of where they live. He said that it was approved because it was needed and he is ready to move ahead. Commissioner Gordon said that it is not fair to frame this as an equality issue. She said that even if you know that six fields are needed at West Ten, it does not mean that you need a complex with bleachers, a scoreboard, or concession stands. She said that the equity issue was decided when the citizen's capital needs task force met on the parks bond and decided on the needed facilities. Commissioner Nelson said that his issue was over process and getting information back, and Commissioner Jacobs gave a history and explained. He said that this is what he wanted back from staff and that is his frustration. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to authorize staff to continue solicitation of sponsorship funding in exchange for naming rights far the park and for individual fields or other amenities within the park. VOTE: 4 yeas and 1 nay (Commissioner Gordon ) Chair Carey made reference to the meeting on Friday in which some Commissioners are going to be participating. He said that if mare than two are going to attend, it should be noticed as a County Commissioners' meeting. Commissioner Jacobs said that he would like to attend. Geof Gledhill suggested adjourning this meeting until Friday. 7. Reports-NONE $. Board Comments Commissioner Nelson said that the Board adopted nine planning principles to guide the Comprehensive Plan in 2004 and there was no mention of energy efficiency. He said that he would like to work with the Planning Department to adjust the principle of air quality so that those working an the Comprehensive Plan will be clearly directed to look at energy issues. The Board agreed. Commissioner Gordan made reference to the two Metropolitan Planning Organizations working together on transit. She said that this is a breakthrough effort. There will be a very distinguished group of people working on this. She said that this is important because it will assist in the development of the long-range transportation plan and the related air quality conformity analysis. This group will be facilitated by Philip Boyle. She read the membership list, which she distributed. Commissioner Jacobs congratulated OCS Superintendent Shirley Carraway on her retirement in October. Commissioner Jacobs reminded the Board and the public that the 62"d Annual Central Piedmont Junior Livestock Show and Sale is next Wednesday and Thursday. Commissioner Jacobs asked about bids on Southern Park and the status. He also asked about the farmers' market and said that he keeps hearing different dates about this facility opening. He asked Laura Blackmon to find out about this and if Congressman Price can be there. He would like to ask staff how the facility should be run since the farmers' market is now run by a private organization. Commissioner Jacobs said that he heard two other Commissioners talking about the Rogers Raad water line and whether there were people who could not afford it and were not able to hook up. He asked for a report on how this would work and if people are using the low interest loan program. Commissioner Nelson said that there were 52 families that applied for loans and 39 were approved. The others were not approved because they were over the threshold, because the rules specify that households have to be 80°!0 of median income or below. He said that the rules could be changed if the County wanted to expand the access. Laura Blackmon said that there is an item on the April 12t" work session agenda regarding water and sewer assessment. Part of it relates to assistance and relief. Chair Carey said that he was planning to bring a recommendation to the Board of County Commissioners on how they can monitor and maintain their relationship with the Rogers Road community. Commissioner Gordan said that the County Commissioners need to be as generous as they can in meeting the concerns of this community. Commissioner Jacobs said that after the Board had the conversation about covered loads to the landfill, he was driving on Old NC 86, and someone was leaving the landfill with a load of mulch that was not covered. He wants to make sure that loads going out as well as going in are covered. Commissioner Foushee congratulated Superintendent Carraway on her upcoming retirement. Commissioner Foushee said that the Eno Economic Development Task Force meeting will occur on Monday, April 16th at 5:30 p.m. at the Link Center. Chair Carey congratulated Superintendent Carraway also. He said that he attended the NCACC district meeting today and it was well attended. There was information at the County Commissioners' places. 9. County Manager's Report Laura Blackmon referred to the information from the NCACC meeting. Laura Blackmon said that the next Comprehensive Plan Joint Advisory Board meeting is April 17th at Southern Human Services Center from 7:00-9:00 p.m. Commissioner Gordon asked far a report about the landfill moratorium and the concern about North Carolina being the net importer of waste. She said that there is some discussion about an extra requirement for C&D landfills. She also asked about the new rules about the watershed to reduce nutrient loading. One of the rules that could affect the County is retrofitting existing areas. Laura Blackmon said that the Solid Waste Management Act of 2007, which is Senate Bill 1492, is in the NCACC information. She said that this would establish a $2 per ton tipping fee. This is being tracked by the staff. The concern is that this will be cost prohibitive for same of the landfills. Geof Gledhill said that the $2 also applies to transfer stations. Commissioner Jacobs said that, in looking at the way the lottery bill is written, Orange County is punished for being progressive. He suggested communicating this to the legislative delegation. Commissioner Nelson said that part of the issue with Jordan Lake and nutrient loading, is that the part that Orange County feeds into, the water does not flow very quickly, so there is a buildup of nutrients. He said that the implications far Chapel Hill and Carrboro and the retrofitting are very significant. Commissioner Nelson said that the Solid Waste Management Association has a particular position on the tipping fee issue, and he suggested that people keep an open mind about the State tipping fee issue. 14. Appointments a. Northern Transition Area Small Area Plan Implementation Taskforce The Board considered making appointments} to the Northern Transition Area Small Area Plan Implementation Taskforce. Laura Blackmon said that there were some suggestions that at least one of the representatives should be a Board member. Commissioner Jacobs suggested seeing if anyone else an the Planning Board wanted to be appointed. No County Commissioners volunteered. Laura Blackmon suggested talking to the Planning Board to see if there are more people. DEFERRED 11. Information Items a. Orange County Health Department 2007 Community Health Assessment The Board received information on community health assessment for 2007. Laura Blackmon said that this section is to close the loop an providing information for the Board. 12. Closed Session-NONE 13. Adiaurnment A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to adjourn this meeting at 10:35 p.m. until Friday, April 13, 2007 at 2:00 p.m. at the Link Government Services Center in Hillsborough, N.C. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board