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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 26, 2007
7:30 p.m.
The Orange Caunty Board of Commissioners met in regular session on Tuesday, June 26,
2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie
P. Foushee, Alice M. Gordon, Barry Jacobs and Mike Nelson
COUNTY COMMISSIONER ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Changes to the Agenda
None
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
None
b. Matters an the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. ProclamationslResolutionslSpecial Presentations
a. Resolution of Commendation to the Master Aaing Plan Task Force
The Board considered a resolution commending the Master Aging Plan Task Force on
the completion of the five-year plan update that was presented to the Board of County
Commissioners on May, 3, 2007 and adopted on May 15, 2007, and authorizing the Chair to
sign.
Department on Aging Director Jerry Passmore said that they appreciated the Board of
County Commissioners offering this resolution to the MAP Task Force. All members were
invited to came to this meeting. He recognized the Ca-Chairs, Florence Soltys and Pat Sprigg.
He also recognized the other members that were present and invited them to stand.
Jerry Passmore read the resolution.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to
approve a resolution commending the Master Aging Plan Task Force on the completion of the
five-year plan update that was presented to the Board of County Commissioners on May, 3,
2007 and adopted on May 15, 2007 and authorize the Chair to sign.
RESOLUTION OF COMMENDATION
TO
THE MASTER AGING PLAN TASK FORCE
Whereas, Orange County has a population of more than 17,000 persons over 60 years
of age, the fastest growing segment of the population, and
Whereas, over one hundred volunteers willingly accepted the Board of Commissioners'
appointments to the Master Aging Plan Update Task Force to help make Orange County
a better place to live far alder persons, and
Whereas, the MAP Task Force members helped identify issues and develop goals and
objectives to address the aging issues for the next five years for Well/Fit, Moderately
Impaired, and Severely-Disabled older adults and the Post-World War I I generation, the
cohort born between 1946 and 1964, and
Whereas, the Orange County Board of Commissioners was presented the Master Aging
Plan (Map) Update an May 3, 2007 that identifies the service needs for this population
that should be addressed during 2007-2011, and
Whereas, the Master Aging Plan Update was formally adopted by the Board of County
Commissioners at its, May 15, 2007 meeting; and
Whereas, the Master Aging Plan Task Force has fully responded to its charge and has
completed its work, thereby allowing Task Force activities to sunset;
NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF
COMMISSIONERS hereby commend and thank the MAP Task Force members far their
community spirit, expertise and dedication to improving the quality of life for all older
residents now and in the future.
This the 26t" day of June, 2007.
VOTE: UNANIMOUS
4. Consent Agenda
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 from April 30 and May 3, 8, 15, 2007 as submitted by the
Clerk to the Board.
b. Appointments
(1) Workforce Development Board -Reappointment
The Board reappointed Sandra Sanchez to a full term ending June 30, 2010 to the
Workforce Development Board.
c. Property Tax Releases
The Board adopted a resolution, which is incorporated by reference, to release property values
related to two (2) requests for property tax release in accordance with N.C. General Statute
105-381.
d. Property Tax Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to three (3)
requests for property tax refund in accordance with N.C. General Statute 105-381.
e. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 93
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
f. Commission for Women fCFW1 Bylaws Amendment
This item was removed and placed at the end of the consent agenda for separate consideration.
~ Contract with UNC School of Dentistry and Health Department for Services of a
Dentist
The Board approved a contract for the provision of dental clinical services far the Health
Department by a UNC School of Dentistry faculty member and authorized the Manager to
execute and sign the final contract pending final review by staff and the County Attorney.
h. Contract Renewal with UNC Family Medicine and Health Department
The Board renewed a contract with UNC Family Medicine and Health Department for Physician
Services and authorized the Chair to sign pending approval of the FY 2007-08 budget and
County Attorney review.
i. EMS Medical Director Contract Renewal
The Board renewed a contract between Orange County and the UNC Department of
Emergency Medicine concerning medical direction of Orange County's Emergency Medical
Services (EMS) program and authorized the Chair to sign.
L Defibrillator Maintenance and Support Contract
This item was removed and placed at the end of the consent agenda far separate consideration.
k. Lease Renewal: Parks Operations Base, 503 Cornerstone Court, Hillsborough
The Board renewed a lease with JCBH Properties, LLC, Hillsborough, North Carolina, pursuant
to the term cited, for an approximately 4,000-square foot building for continued use as the parks
operations base and authorized the Chair to sign.
The Board authorized a contract with HF Mitchell Construction, according to the design
specifications prepared by RN&M, for completion of the Central Recreation restroom
renovations and accessibility elements for an amount of $249,843 and authorized the
Purchasing Director to execute paperwork as required.
m. Tennis Court Joint Use Agreement
This item was removed and placed at the end of the consent agenda far separate consideration.
n. Nroposed Kevision to Personnel Urdmance -
This item was removed and placed at the end of the consent agenda for separate consideration.
o. Agreement ttenewai witn htespite care Proviaers and the uepartment on
This item was removed and placed at the end of the consent agenda for separate
~ Bid Award: West Ten Soccer Field Fencina
The Board awarded a bid to Prince Fencing Company of Durham, North Carolina for an amount
not to exceed $115,520 for construction of fencing at the West Ten Soccer Complex (Phase I of
the project) and authorized the Purchasing Director to execute the paperwork as may be
required.
~ Contract with Corley Redfoot Zack for Engineering and Design Services for Fairview
Community Park
This item was removed and placed at the end of the consent agenda far separate consideration.
r. Consultant Services to Determine Topographic Elevation Data
The Board authorized the selection of Greenhorne and O-Mara to complete the elevation
certificate surveying work for a sum not to exceed $14,000 for Phase I and, if so funded in FY
2007-08, to proceed to Phase II work not to exceed $13,000.
s. Consultant Services, Clarion Associates -Comprehensive Plan Update
The Board approved a contract with Clarion Associates to provide services during Phase II of
the Comprehensive Plan Update process and authorized the Chair to sign.
t. Legal Advertisement for Quarterly Public Hearing -August 27, 2007
This item was removed and placed at the end of the consent agenda far separate consideration.
u. US 70/Cornelius Street Corridor Strategic Plan
This item was removed and placed at the end of the consent agenda for separate consideration.
v. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment -Homestead
Twin Towns (JPA-CH-Z-1-07)
This item was removed and placed at the end of the consent agenda for separate consideration.
w. Schools Adequate Public Facilities Ordinance (SAPFOI-Approval of Annual 2007
Report
The Board approved the 2007 SAPFOTAC Report related to various aspects of Orange County
Schools (OCS} and Chapel Hill - Carrboro City Schools (CHCCS}, as outlined in the draft
Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC} and the incorporated
forms.
x. Approval of Financing Arrangement for Efland Volunteer Fire Company, Inc. to
Purchase a Fire Engine Truck
The Board approved Efland Volunteer Fire Company, Inc.'s purchase of a fire truck;
appropriated $30,000 from the department's unappropriated fund balance; and authorized the
Chair to sign the appropriate documents related to the financing arrangement.
~ NC State Firemen's and Rescue Squad Annual Certification Roster
The Board approved the certification requirements for the fire marshal and assistant fire marshal
to participate in the North Carolina State Firemen's Association for the year 2006 and
authorized the Chair to sign.
z. Authorization for Emergency Services to Apply for 2007 COPS Technology Grant with
the City of Durham
The Board authorized the Division of Emergency Services to apply for Interoperable
Communications Equipment as asub-applicant from the City of Durham.
aa. Pyrotechnics Permit -Orange Speedway
The Board approved a pyrotechnics permit for Orange County Speedway for July 7, 2007 and
authorized the staff to execute permits as needed.
The Board approved a contract with Summit Engineering, Hillsborough, North Carolina to
perform construction materials testing and construction observation in conjunction with the
Justice Facilities Expansion Project and authorized the Manager to sign.
cc. 9-1-1 Center Authorization for Construction-Manager-at-Risk
The Board authorized the upfit of the proposed 9-1-1 Center at 510 Meadowlands Drive,
Hillsborough using the Construction Manager at Risk (CMAR} method of contracting.
dd. County Campus Approval of Purchase Agreement and Construction Manager at Risk
Contract
This item was removed and placed at the end of the consent agenda for separate consideration.
ee. Authorization for Manger to Contract with a Personnel Search Firmfs) During BOCC
This item was removed and placed at the end of the consent agenda for separate consideration.
ff. Resolution in Opposition of House Bill 1587 -The Local Government Fair
Competition Act
The Board approved a resolution opposing House Bill 1587 -The Local Government Fair
Competition Act and authorized the Chair to sign.
RESOLUTION
AGAINST HOUSE BILL 1587
`°THE LOCAL GOVERNMENT FAIR COMPETITION ACT"
WHEREAS, House Bill 1587, "The Local Government Fair Competition Act," has been
entered into the 2007 of the General Assembly of North Carolina, and has passed from the
House Public Utilities Committee to the House Finance Committee for consideration;
WHEREAS, the purpose of House Bill 1587 is to greatly hinder local governments from
providing needed communications services, in particular advanced high-speed broadband
services, where such services are non-existent;
WHEREAS, private companies, despite having received favorable regulatory and tax
treatment to enable broadband investment, have chosen not to make the investment necessary
to provide such top quality services but rather to offer lesser quality slow non-state-of-the-art
infrastructure technologies and to make even such lesser quality service available to less than
all municipal residents;
WHEREAS, while private companies declare top quality service is cost prohibitive in our
country and spare no expense in legislative lobbying campaigns against private-public
partnerships, the United States continues to fall in world-wide standings of broadband
capability;
WHEREAS, U.S. broadband capability has fallen behind the United Kingdom, Korea,
France, Japan and Canada to name a few, and Japan has internet access that is at least 500
times faster than what is considered high-speed in the United States;
WHEREAS, broadband internet is a new public utility necessary to compete in the global
economy of the 21St century, the deployment of true high-speed broadband systems in all our
local communities is of vital importance to future economic development and community growth
in North Carolina to replace lost textile, tobacco, furniture and manufacturing jobs;
WHEREAS, the General Assembly has already established the 1} rules for Public
Enterprise {NCGS ~ 160A Article 16}, 2} regulations through the Budget and Fiscal Control Act
{NCGS §159 Article 3}, and oversight by the Local Government Commission (NCGS §Article 2)
in which a local government must abide in order to undertake providing an enterprise service to
its community;
WHEREAS, House Bill 1587 is counter to the Local Development Act of 1925 as
established NCGS §158 that allows local governments to aid and encourage economic
development in communities throughout North Carolina;
WHEREAS, North Carolina law has long permitted local governments to engage in
public enterprises and where there is na justification for treating communications enterprises
any differently from other public enterprises;
WHEREAS, historically it was government that funded much of the current corporate
telecommunications infrastructure in the United States and government paid for and developed
the Internet;
WHEREAS, the re-combining of telecommunications companies (such as AT&T and the
"baby Bells") continues to result in planned layoffs, the inability to meet the demands of new and
re-locating businesses for true high-speed broadband results in such businesses locating
elsewhere, and the fact that there are telecommunications designers and equipment
manufacturers and suppliers located in North Carolina who will be negatively impacted if local
government is not allowed to provide needed communications services mean that North
Carolina will stand to lase mare jobs by not investing in top-quality broadband infrastructure
than it will lose due to government provision of such services.
NOW THEREFORE BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF
COMMISSIONERS is against the passage of House Bill 1587 and urges all members of the
North Carolina General Assembly to vote "NO" in Committee and if necessary on the floor of the
General Assembly.
This the 26t" day of June 2007.
gg_Budget Amendment #14
This item was removed and placed at the end of the consent agenda for separate consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
f. Commission for Women (CFWI Bylaws Amendment
The Board considered reviewing andlor amending the Commission far Women's Bylaws
to include a mission statement and other minor changes for the purpose of clarification.
Commissioner Gordon made reference to page 7, article 8, section 3, which said that,
"The Director shall hire staff to the Commission." The deleted portion was "hired by the County
Manager". She said that she did not think that you could reassign hiring from the County
Manager to the Director.
Laura Blackmon said that she hires the Director and the Director hires the office
personnel for this department.
Chair Carey said that if there is a question about this, then it should be removed and
approved at a subsequent meeting.
Commissioner Gordon said that she would submit her questions in writing.
This item was removed to be considered at a subsequent meeting.
L Defibrillator Maintenance and Support Contract
The Board considered entering into a continuation contract for annual maintenance and
support of equipment used as part of the County's Emergency Medical preparedness and
response activities and authorizing the Purchasing and Central Services Director to sign upon
review by the County Attorney.
Commissioner Jacobs said that it was not clear whether this was a comprehensive list or
just examples of places where there are defibrillators. He asked if the Link Center had one and
he would like to put up signs in buildings indicating that there are defibrillators on the premises.
Interim Emergency Services Director Kent McKenzie said that this is not a
comprehensive list. He is not aware of a defibrillator in the Link Center.
Laura Blackmon said that not all buildings have these. Commissioner Jacobs said to put
a sign in the buildings where there is one and to have a standardized way of making sure that
the public facilities with a certain number of people working there or where there are public
meetings have defibrillators.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve entering into a continuation contract for annual maintenance and support of equipment
used as part of the County's Emergency Medical preparedness and response activities and
authorize the Purchasing and Central Services Director to sign upon review by the County
Attorney.
VOTE: UNANIMOUS
m. Tennis Court Joint Use Agreement
The Board considered a proposed Joint Use Agreement between the Orange County
Board of Education and the Orange County Board of Commissioners for the use of the Tennis
Courts at Orange High School and authorize the Chair to sign.
PUBLIC COMMENT:
Anna Mercer McClean spoke on behalf of the North Carolina Tennis Association and the
Durham/Orange Community Tennis Association. She thanked the County Commissioners for
all the work on the Orange High school tennis courts. She said that she wanted to offer any
assistance from these associations, should there be any additional costs beyond the $300,Q00
that is set aside as the initial estimate. They want to see this project completed because it is
important to the community.
Patti Fox spoke on behalf of the DurhamlOrange Community Tennis Association. She
thanked the County Commissioners for improving the tennis courts at Orange High. She said
that this is a safety issue and the citizens of Orange County have shown how much they want to
play tennis and use these courts. She distributed a copy of the petition that was signed by
citizens.
Commissioner Jacobs said that this abstract mentions an amount in the CIP, but the
Board has not approved the CIP yet. He would like to refer to this amount as a reference and
not necessarily as the decision.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve a proposed Joint Use Agreement between the Orange County Board of Education and
the Orange County Board of Commissioners for the use of the Tennis Courts at Orange High
School and authorize the Chair to sign.
VOTE: UNANIMOUS
n. Proposed Revision to Personnel Ordinance -Article VI, Section 1.0 Worker's
Compensation Leave
The Board considered a proposed revision to the Orange County Personnel Ordinance,
Article IU, Section 1.0 Worker's Compensation Leave and authorizing the Manager to develop
rules and regulations to carry out this section of the Personnel Ordinance.
Commissioner Foushee said that she realizes that this is not a change in policy but it is
a change in practice. She would like to ensure that employees are educated throughout the
process and that no one is shocked.
Laura Blackmon said that there are currently two employees out on workers
compensation, but this change will not affect them.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve a proposed revision to the Orange County Personnel Ordinance, Article IV, Section 1.0
Worker's Compensation Leave and authorize the Manager to develop rules and regulations to
carry out this section of the Personnel Ordinance.
VOTE: UNANIMOUS
Chair Carey suggested putting this change in the employee newsletter.
a. Agreement Renewal with Respite Care Providers and the Department on Aging
The Board considered authorization to renew agreements with respite care providers
with the Department an Aging and authorizing the Chair to sign.
Commissioner Jacobs asked if the vendors are paid a living wage and Laura Blackmon
said that these are some of the same vendors that are with DSS that were approved recently.
She thinks the employees are paid a living wage. Department on Aging Director Jerry
Passmore said that this is his understanding, but he cannot verify it.
Laura Blackmon said that she will follow up with this to make sure that these employees
are paid a living wage.
Chair Carey asked Jerry Passmore to bring information back about the living wage.
Jerry Passmore said that when the staff Games back, there may be an increase in the
service.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve the agreements and authorize the Manager to sign agreements for respite care
providers (such authorization shall not exceed the amount budgeted for this function in the
operating budget for the Department on Aging), and further direct staff to work with the
providers during the year to review and discuss any possible issues related to their employees
receiving a living wage.
VOTE: UNANIMOUS
~ Contract with Corley Redfoot Zack for Engineering and Design Services for
Fairview Community Park
The Board considered authorizing the Chair to execute a contract with Carley Redfoot
Zack for park pre-construction design and engineering services to secure permits, conduct
engineering work, and create construction drawings and specifications for bid documents for
Fairview Community Park and authorizing the Chair to sign subject to final review by staff and
the County Attorney.
Commissioner Jacobs said that he is not comfortable with this because every other park
the County has designed was done with citizen input. He said that this is one of the mast
sensitive projects but no citizen has been involved. He suggested deferring this item until
citizen input is addressed.
Marabeth Carr from the Town of Hillsborough said that they are rushing to meet
deadlines and it was a staff decided RFP. She said that there could be another meeting with
citizens involved. This was just an expedited process.
The Board agreed to table this item until the first meeting in August.
DELAYED
t. Legal Advertisement for Quarterly Public Hearing -August 27, 2007
The Board considered the legal advertisement for items to be presented at the Board of
County CommissionerslPlanning Board Quarterly Public Hearing scheduled for August 27,
2007.
Commissioner Gordon made reference to page 7 and said that she thought they were
tracking the agricultural support enterprises and the conditional uses together. She expected to
see the conditional uses on the non-public hearing items.
Planning Director Craig Benedict said that the conditional use zoning process is not
specific to the agricultural support enterprises, but it is an independent track.
Commissioner Gordon asked about Hwy 57 and Craig Benedict said that this item was
not reviewed by the Planning Board due to time constraints, but it will be brought back in
August. As soon as the small area plan gets presented to the Board of County Commissioners
after the Planning Board recommendation, then it can proceed with recommendations.
Commissioner Gordon made reference to the draft goals of the comprehensive plan
update. She said that some of the goals do not have verbs and some do, and she thinks it
would read better with verbs, which indicate the action to be taken.
Tam Altieri said that the goals are to be expressed as a desired end or outcome and
there are typically no verbs expressed in the goals. He said that the draft ones in the packet are
provided as a courtesy and some clean up will be necessary. He said that some elements have
an over-arching goal and some do not. There will also be further public comment and further
advisory board comments that will be taken into consideration following the public hearing.
Commissioner Gordon said that the goals were still more compelling when the action is
stated.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the legal advertisement for items to be presented at the Board of County
CommissionerslPlanning Board Quarterly Public Hearing scheduled for August 27, 2007.
VOTE: UNANIMOUS
u. US 701Cornelius Street Corridor Strategic Plan
The Board considered approval of the Draft US 70ICornelius Street Corridar Strategic
Plan presented at the May 21, 2007 Quarterly Public Hearing.
Commissioner Jacobs said that this is a recommendation to start an access
management plan for US 70, including the intersection of US 70/NC 86/NC 57. He said that he
recalls that it was open ended as to when it would begin. He asked Craig Benedict if it would fit
into the workload to initiate in the fall. Craig Benedict said that he would develop a timeline with
the Manager.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve the resolution, which is incorporated by reference, endorsing the US 70/Cornelius
Street Corridar Strategic Plan and that preparation of an access management plan (to include
appointment of a Town/County work group) be a topic for discussion as directed by the BOCC
and County Manager.
VOTE: UNANIMOUS
v. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment-
Homestead Twin Towns (JPA-CH-Z-1-07)
The Board considered approval of a petition presented at the April 26, 2007 Joint
Planning Area Public Hearing to rezone 21.5 acres at the southwest corner of Homestead Road
and Seawell School Road.
Geof Gledhill made reference to some handwritten changes to the resolution to act with
the joint planning agreement process. It was not a substantive change.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve the proposed rezoning from Chapel Hill R-2 to the Chapel Hill R-4-C zoning district, in
accordance with the resolution, as amended by Geof Gledhill, which is incorporated by
reference.
VOTE: UNANIMOUS
dd. County Campus Approval of Purchase Agreement and Construction Manager
at Risk Contract
The Board considered approving a Purchase Agreement{s} and Construction Manager
at Risk (CMAR) agreement(s) associated with the purchase and construction of facilities on the
county campus off of West Margaret Lane, Hillsborough and authorizing the Chair to sign.
Commissioner Gordon said that she found critical documents that were not on the
website far the public. For example, the Library and Purchasing Sale Agreement (exhibit B and
exhibit C}. Also, General Conditions of Construction Manager at Risk and Agreement of
Construction Manager Services were not there. She is concerned that these documents have
not been made available.
Geof Gledhill said that these documents will not be available until the Construction
Manager at Risk bids the project. The CMR cannot bid the project until the County authorizes
the CMR contract and the purchase agreement. As the pieces fall into place, this information
will be provided to the Board.
Purchasing and Central Services Director Pam Jones said that the building documents
are online. Commissioner Gordon said that it took time to look through this and she wanted to
make sure the public knew what was going an. She said that there was not mention of the
library budget or the total budget and how the CMR worked.
Pam Jones said that this is a continuation of actions taken in November. It is kind of a
foundation that has been building up.
Commissioner Jacobs suggested posting every document available up to now and Laura
Blackmon suggested explaining what is missing and why.
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
approve a Purchase Agreement(s) and Construction Manager at Risk {CMAR) agreements}
associated with the purchase and construction of facilities on the county campus off of West
Margaret Lane, Hillsborough and authorize the Chair to sign.
VOTE: Ayes, 4; No, 1 {Commissioner Gordon}
ee. Authorization for Manager to Contract with a Personnel Search Firmis) During
BOCC Summer Break
The Board considered authorizing the Manager to contract with a personnel search
firms} during the Board of County Commissioners' summer recess from June 27 until August
21, 2Q07 for the vacant Emergency Services Director position and the vacant Economic
Development Director position.
Commissioner Gordon asked if it was feasible to contract with the same firm. Laura
Blackmon said that she is not sure yet. There is a list of generalist firms and specific firms. The
goal is just to have help identifying a skill set and motivation for a position like the Economic
Development position. With the Emergency Services position, she is looking for someone to
assist in identifying and soliciting applications from a wider pool.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
authorize the Manager and staff to proceed with the steps necessary to identify a personnel
search firm{s) for the vacant Emergency Services Director position and the vacant Economic
Development Director position; authorize the Manager and staff to negotiate with the firm(s);
authorize the Manager to sign a contract(s) with the preferred firm (s}; and direct the Manager to
report back to the Board in August regarding the firm{s}, costs, and the hiring process
timetables.
VOTE: UNANIMOUS
,gg_ Budget Amendment #14
The Board considered approving the budget, school and county capital project
ordinance amendments for fiscal year 2006-07.
Commissioner Nelson asked if these items were surprises and Laura Blackmon said that
mast are predicted and some have to wait until the end of the year to be done.
Budget Director Donna Coffey said that this is the most important budget amendment
that is done throughout the whole fiscal year. She said that none were surprises.
Commissioner Nelson said that he has an interest in getting items in a timely manner
and the County Commissioners need time to review this information because the buck stops
with the Board of County Commissioners. He said that there was a problem caught today in an
abstract and it was corrected, but it is important for the public and the press to have this
information ahead of time to review. He said that it is really important how people perceive the
County as being transparent.
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
approve the budget, school and county capital project ordinance amendments far fiscal year
2006-07 for Housing and Community Development, Alternative Financed Capital Project
Ordinances, Alternative School Capital Project (Orange County Schools}, County Related
Capital Project Ordinances, ERCD related Capital Project Ordinances, Orange/Chatham Justice
Partnership Program, and Efland Sewer Enterprise Fund.
Laura Blackmon said that there may be issues with the audit and there will be a review
of this item.
Commissioner Gordon said that she would like to discuss this item now.
Commissioner Gordon made reference to page 32 and asked about the revisions for the
West Ten Soccer Complex. Donna Coffey said that she emailed these to the County
Commissioners.
Commissioner Gordon said that there are three different projects related to this question
about transfers of Homestead Aquatic Center budget to other items. She said that there were
two other items that should have an asterisk to flag those items, and these are on page 39 and
page 42. She said that Chapel Hill did not need aquatic center funding as soon as thought, so it
was assigned to other projects in the tune of a little over $3 million. The problem is when this
money comes back. She thinks that all of the projects that have the assignment "Transfer from
Homestead Aquatics Center Project" should be transferred back. She said that it is extremely
confusing.
Also, on page 39, the Northern Park project, and page 42, Greenway Development
Reserve, there are transfers. She suggested putting asterisks to flag the items or transferring
the money back.
Donna Coffey said that these are transfers from a previously approved project. She
suggested putting asterisks that these are from 2001 bond funds. She said that she could work
with Commissioner Gordon this summer to clarify these issues.
VOTE: UNANIMOUS
5. Public Hearings
a. North Carolina Department of Transportation, Rural Operating Assistance
Program (ROAP) and Supplemental ROAP Grant Application for FY 200712008
The Board conducted a public hearing for the NCDOT Rural Operating Assistance
Program (ROAP} and considered approving the annual FY 2007-2008 ROAP grant application
including supplemental request and authorizing the Chair to sign.
Jerry Passmore made a PowerPoint presentation.
Public Hearing- June 26, 2007
Rural Operating Assistance Program Application for FY2007-08
ROAP
Important Features
1.NC Dept. of Transportation designates annually ROAP funds to the lead county transit
agency.
2.In Orange County the funds are designated to the Orange County Public Transportation
(OPT), a division of the Dept. on Aging.
3.ROAP application combines three local transit funds:
Elderly & Disabled Trans. Assistance Program (EDTAP)
Work First Transitional/Employment Trans. Assistance
Rural General Public Assistance (GRP}
4. ROAP requires no local match. Rural General
ROAP
Program Description
Orange Co- provides for all Medical and one personal shopping/business round trip per
week with no access to public routes. Co-pay $3.00 per trip.
2.Employment Transportation Assist low income persons (200°~ of Poverty} & not Work First
eligible.
Orange Co- provides bus passes, car repairs {limit $300/per yr} and donated car assistance.
3.Rural General Public (GRP) -Assist per persons who are not human service agency clients
such as commuters.
Orange Co.- provides for operating designated public routes, including OPT-TTA
Hillsborough-Chapel Hill Rt
ROAP-FY 2007-08
Funds Available
ROAP
Application Annual
Formula Supplement TOTAL
EDTAP $58,885 $35,138 $94,023
EmploymentlWork
First Trans. $10,746 $10,746 $21,492
Rural General Public
(RG P $44,304 $29,282 $73,586
TOTAL $189,101
ROAP- FY2007-08
Estimate Service Units
ROAP Application Trips Persons
undu licated Total
EDTAP 10,000 1,200 $94,023
EmploymentlWork
First Trans. NIA 72 $21,492
Rural General Public
RGP 33,000 N/A $73,586
TOTAL $189,101
PUBLIC COMMENT:
None.
A motion was made by Cammissianer Jacobs, seconded by Commissioner Foushee to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Cammissianer Foushee to
approve the annual FY 2007-2008 ROAP grant application, including the supplemental request
and authorize the Chair to sign.
VOTE: UNANIMOUS
6. Regular Agenda
a. Approval of Fiscal Year 2007-0$ Budget Ordinance. Capital Proiect
Ordinances, and Grant Proiect Ordinances
The Board considered adopting the County's budget ordinance, Schaal and Capital
project ordinances, and County grant project ordinances far fiscal year 2007-08.
Laura Blackmon said that this is her first time doing this and she was surprised at the
number of resolutions and ordinances that had to be passed. She thanked everyone for all of
the hard work that has gone into the budget process.
Donna Coffey said that she is asking the Board of County Commissioners to approve the
budget ordinance, which includes the changes made at the last work session. The total
General Fund now is $173,624,000. The property tax rate increase is set at 4.7 cents on the ad
valorem, which totals 95 cents per one hundred dollars valuation. The budget also includes an
increase of 1.5 cents to the CHCCS District Tax, which totals 20.35 cents per one hundred
dollar valuation. The per pupil current expense was increased to $3,069 per student. This is an
increase of $112 over FY 2006-2007. The Fair Funding amount was increased by $188,000,
bringing the total to $988,000. These funds will be split 50150 between OCS and CHCCS.
The Board is also being asked to approve the School and County Capital Project
Ordinances that were delivered yesterday. The Board agreed to budget 50% of the lottery
proceeds in the upcoming fiscal year, with the remaining 50°f° to be budgeted in arrears (2008-
2009}. The staff has not been able to work with either school system on haw the money will be
allocated. The ordinances will be brought back to the Board in the fall. There are also several
grant projects that were continued.
Commissioner Gordon made reference to the Resolution of Intent, #11, which is "To
approve the County and School Capital Project Ordinances far fiscal year 2007-08." She said
that the Board did not get to discuss this. Donna Coffey said that the Board could approve
items 1-10, which would implement the Budget Ordinance. Adoption of Attachment 2 will be the
Budget Ordinance and will not include the County and School Capital Project Ordinances.
A motion was made by Commissioner Foushee to adopt the 2007-08 budget, capital,
and grant project ordinances consistent with the parameters outlined in the Board's "Resolution
of Intent to Adopt the 2007-08 Orange County Budget," with the exception of #11.
Geof Gledhill said that the Board should adopt attachment 2, which will capture
everything in items 1-10 on attachment 1.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
adopt the Budget Ordinance as shown by Attachment 2.
Laura Blackmon clarified that the Board is not approving the County and School Capital
Project Ordinances. It will be cansidered later.
Resolution of Intent to Adapt the 2007-08
Orange County Budget
The items outlined below summarize decisions that the Board acted upon June 21, 2007 in
approving the 2007-08 Budget.
WHEREAS, the Orange County Board of Commissioners has considered the Orange County
2007-08 Manager's Reeommended Budget; and
WHEREAS, the Commissioners have agreed on certain modifications to the Manager's
Recommended Budget;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
expresses its intent to adopt the 2007-08 Orange County Budget Ordinance on Tuesday, June
26, 2007, based on the following stipulations:
1) The following changes to existing positions, as presented in the 2007-08 County
Manager's Recommended Budget on May 24, 2007, are approved:
Department Position Title Approved Approved FTE
Funding
Information Technology Systems Analyst $0 0.10
Staff Attorney (Transfer vacant position
#108, Communicatians Specialist, assigned
County Manager fo Board of County Commissioners to $67,000 0.00
County Manager's Offrce to serve as Staff
Afforne
Water Resources Coordinator (Transfer
vacant position #386, Agriculture Exfension
Environment and Resource Agenf, assigned fa Cooperative Exfension fa $51,000 0.00
Conservation Department ERGD to serve as Water Resources
Coordinator
Environmental Health Specialist- Food &
707
$37
1.00
~° Lod in effective Januar 7 2008 ,
~ ~ Environmental Health Specialist-Well
o ~ Construction Program (effective January 9, $44,432 1.00
_ ~ = 2008
~
w Environmental Health Technician -Well
$55,794
1.00
Pro ram & Indoor Air Qualit
Y Athletic Program Supervisor (effective
689
$27
1
00
Januar 1 2008 , .
°- Parks Conservation 5pecialistlTurfgrass
~ Manager for West Ten & Northern Park $49,367 1.00
°- effective 5e tember 7, 2007
a~~s Parks Conservation Technician II for West
Ten &Northern Park (effective November 1, $31,699 1.00
2007
~ ~ Income Maintenance Caseworker II $50,784 1.00
c°n ~
~
Social Worker II (School Social Worker for
$55,452
1.00
Graven Hill Middle School
Housing & Community HOME Program Coordinator $58,245 1.00
Develo ment
Total $529,169 9.10
All positions authorized to begin July 1, 2007 unless otherwise noted.
2) The following modifications to the County Manager's Recommended Budget are made:
Appropriations:
1. Defer hiring 2 Emergency Services positions far one year ($130,000}
2. Reappropriate savings realized in Cable Casting Contract ($45,000}
3 Decrease Board of Elections printing budget to reflect State
' allowing competitive bidding for ballots ($37,000}
4 Defer Board of Elections equipment maintenance until fiscal
' year 2008-09 ($15,000}
5 Change delivery of employee newsletter from paper to
' electronic ($3,000}
6' Delay hiring of Environmental Health Food & Lodging and
Well Construction positions by 6 months $52,000
7. Reduce BOCC Contingency by 50% ($17,500}
8' Delay hiring of Staff Attorney position by 3 months (effective
November 1, 2007) ($33,000)
g' Add Water Resources Position Effective November 1, 2007 $51,000
10. Eliminate Funding for Medicaid Increase ($545,000}
11 Reduce 401 (k) from $5 increase to $2.50 increase per pay
period ($46,500}
12. Delete funding for Orange Alamance Water Study ($20,000)
13. Increase appropriation to Energy Management $6,844
14. Retain Families in Focus Program in Health Department $26,000
15. Increase funding to Orange Community Housing for Land
Trust Staffing $35,000
16. Retain Medical Reserve Corps for one additional year $17,000
17. Increase appropriation for HYAA $1,125
18. Eliminate funding for Critical Needs Reserve (Carry forward
unexpended funds from fiscal year 2006-07) ($125,000}
19. Budget for Library Services Interoperability Study $10,000
20. Increase appropriation for School Fair Funding to be split
50150 between CHCCS and OCS $188,000
21 Increase Schools Current Expense Funding from $2,957 per
pupil to $3,069 $2,081,912
Total Changes to Recommended Appropriations $1,347,881
Revenues:
1 . Increase Investment Income Budget 100,000
2. Increase Ad Valorem Tax Rate by the Equivalent of One Cent
to Fund Additional Increases in Current Expense Appropriation
1,247,881
Total Changes to Recommended Revenues 1,347,881
3) The total current expense appropriation for Schools is $53,793,744. The appropriation
to the Chapel Hill-Carrboro City Schools is $33,121,357 and the appropriation to the
Orange County Schools is $20,672,387. The per pupil allocation is approved at $3,069.
4) The recurring capital outlay for both school districts is $2,400,000 and is hereby-
appropriated $1,458,480 for Chapel Hill-Carrboro City Schools for recurring capital.
There is hereby allocated $941,520 for Orange County Schools for recurring capital.
5) The County's ad valorem contribution to Chapel Hill Carrboro City Schools and Orange
County Schools totals 84,528,997 or 48.7°l0 of the County's total General Fund budget of
$173,554,351.
6) The Ad Valorem property tax rate shall be set at 95 cents per $100 of assessed
valuation, an increase of 4.7 cents over the fiscal year 2006-07 rate of 90.3 cents.
7) The Chapel Hill-Carrboro City School District Tax shall be set at 20.35 cents per $100 of
assessed valuation, an increase of 1.5 cents over the fiscal year 2006-07 rate of 18.85
cents per $100 assessed valuation. The Chapel Hill-Carrbaro Board of Education's
2007-08 requested budget included a 25.95 cent increase in the special district tax rate.
8) The Fire District tax rates shall be set at the following rates {all rates are based on cents
per $100 of assessed valuation):
~ Cedar Grave 7.30
~ Chapel Hill 1.90
~ Damascus 5.00
~ Efland 4.225
~ Eno 5.70
~ Little River 4.60
~ New Hope 6.75
~ Orange Grove 3.90
~ Orange Rural 5.60
~ South Orange 9.50
~ Southern Triangle 5.00
~ White Crass 5.00
9) Provide far a County pay and benefits plan that includes:
• 3 percent Cost of Living increase effective July 1, 2007 for permanent
employees
• In-range salary increases ranging from 1 to 2 percent for employees whose
work performance is rated proficient ar higher work performance effective on
the employees' performance review date
• $2.50 increase in County 401 (k) contribution for non-sworn law enforcement
employees from $25 to $27.50 per pay period effective July 1, 2007
• Increase the County's Living Wage for employees from $9.62 per hour to
$10.12 per hour effective July 1, 2007
10) To adopt the recommended County Fee Schedule with the following exceptions:
• Animal Services -Current fees for Animal Services Civil Penalties and Fines will
remain at the fiscal year 2006-07 rates until the Animal Services Advisory Board and
Board of County Commissioners agree upon a public education and outreach
program
PUBLIC COMMENT:
CHCCS Board Member Lisa Stuckey said that this has been a hard budget season, and
she thanked the County Commissioners for the work they have done this year and for listening
to the public. She said that the budget supports almost all of the needs of the growth and the
mandated pay increases from the State. She agreed about looking for a cooperative budget
process. She also looks forward to some clarification on the fund balance situation.
VOTE: Ayes, 4; No, 1 (Commissioner Nelson)
Attachments 3 and 4
Donna Coffey said that this includes only the projects that will receive pay-as-you-go
funds in 2007-08. Attachment 4 includes all of the capital project ordinances that are included
in Attachment 3, but it also includes ordinances that have an expiration date of June 30, 2007
that need to be continued.
Commissioner Jacobs made reference to the Information Technology capital projects on
Attachment 3. He suggested that a higher priority be placed on those projects that interface
with the public. Previously, IT had the Clerk to the Board putting up minutes and ordinances for
citizen searches last, and now it has the Library replacement computers last. He said that
people are complaining that the library computers are very slaw and inconsistent. He
suggested that these projects be reprioritized based on a service model to the public. Laura
Blackmon will follow up on this.
Commissioner Gordon said that she thought the Board was going to ga through
Attachment 3 in order to discuss these. She does not believe that all of these projects need to
be adopted. She thought that the Board should approve the Manager's recommended
allocation for the previous commitments. She would also like the Manager to come back with
options for space needs. She does not want to obligate all of the pay-as-you-go funds yet. She
thinks that the Board should obligate items 1, 2, 3, and 9.
Laura Blackmon said that some of these items, such as Information Technology, are a
year's worth of work, and if they do not approve it, they will be months behind. She said that
#14 can start later in the year. The improvements need to be made an the Blackwood Farm
soon. If some of the projects are delayed, then there will be less time to complete them.
A motion was made by Commissioner Gordon to adopt all items an Attachment 3,
except #14, and instruct Laura Blackmon to bring back options for DSS space needs. There
was no second. The motion failed.
Commissioner Foushee said that she would not be supportive of delaying items 6, 8, or
12.
Commissioner Jacobs said that #3 is just the County repaying itself and this would be an
ideal place to defer transferring money. He is not in favor of delaying #14.
Commissioner Jacobs asked about #10. He said that he and Chair Carey met with the
Chair and Vice-Chair of the OCS Board. When the tennis courts were discussed, the school
board was thinking that if the County were to help them with the lottery proceeds and having
them available mare readily, there might be more capital funding to bid the track and the tennis
courts simultaneously. There were also questions about whether the tennis courts would in fact
cost $300,000. He thinks that this could be staged over the course of the year.
OCS Associate Superintendent for Support Services George McFarley said that the
school board has not met since this meeting with the Chairs and Vice-Chairs, and they meet on
July 9th. At that time, there will be a discussion about the findings on the actual casts. He feels
comfortable with the estimates brought forth, that it will be at least $300,000 to complete just the
tennis courts.
Donna Coffey said that the Board can amend this once the OCS Board has made a
decision an how it wants to use the lottery proceeds.
Commissioner Jacobs said that at one point there was money budgeted for retrofitting
plumbing and lighting fixtures - $10,000 a year for ten years. He had argued several times that
it should be $50,000 for two years, but he cannot find it. Donna Coffey said that it is Utilities
Demand Reduction Systems.
Donna Coffey said that there is na new money put in this year. There are some funds
left over to continue retrofitting the toilets, etc. Commissioner Jacobs asked to see a schedule.
Laura Blackman said that she will be doing a maintenance schedule, and this will be included.
Commissioner Jacobs made reference to a handout about the vote of the Wilkes County
Board of County Commissioners to appropriate their lottery proceeds to reduce taxes. He said
that if this is legal, this is new to him. He asked the County Attorney to look at this.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
adopt the County Capital Budget.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
Chair Carey asked about the grant project ordinance and it was answered that it should
be done separately.
Commissioner Gordon asked about the Homestead Aquatics Center capital project
ordinance. She said that if she works on this with Donna Coffey, then they could bring back
another ordinance. Donna Coffey said that all of this will be clear when all of the bonds are
expended.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
adopt the 2007-08 grant project ordinance.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
Donna Coffey said that the Board had to act on Attachments 5 and 6, which were the
school capital project ordinances. This is appropriating the schools' pay-as-you-go money far
2007-08. The staff will be bringing back to the Board in October a full ten-year plan.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
adopt the school capital project ordinances.
VOTE: UNANIMOUS
b. Acceptance of Grant from the NC Parks and Recreation Trust Fund for
Northern Park
The Board considered accepting a $500,000 state grant from the NC Parks and
Recreation Trust Fund far construction of Northern Park (also known as Cedar Grove Park) and
authorizing the Chair to sign subject to final review by staff and the County Attorney.
Environment and Resource Conservation Director Dave Stancil said that he would
present items `b' and `c' together since they are so similar. He said that this park is known as
Cedar Grove Park or the Northern Park at the Northern Human Services Center. At some point,
the Board will want to assign a formal name to the park. This is a 40+-acre park along NC 86,
six miles north of Hillsborough. This grant is very timely as it enables the County to build all of
phase one of the park. The grant is a reimbursement grant, and the County can begin getting
reimbursed once it expends about half of the total project. The Manager's recommendation is to
accept the grant and authorize the Chair to sign the grant contract after review by the County
Attorney and staff.
Commissioner Jacobs congratulated staff of both Recreation and Parks and ERCD. He
asked about the total of grant funds since 2001 and Dave Stancil said around $4.2 million.
Commissioner Jacobs made reference to naming the park and said that he asked staff
to do some research. Dave Stancil said that Tina Moon, Cultural Resources Specialist, has
looked at over 150 years worth of title searches to see who owned the property. Commissioner
Jacobs asked to see this information.
Commissioner Jacobs asked about the status of the wastewater for the Northern Human
Services Center. Dave Stancil said that the last conversation was that this would be resolved in
September. Commissioner Jacobs asked that this be put in the Manager's Memo over the
summer. He wants to be aggressive about this and go to Raleigh if necessary.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve accepting a $500,000 state grant from the NC Parks and Recreation Trust Fund far
construction of Northern Park (also known as Cedar Grove Park) and authorize the Chair to sign
subject to final review by staff and the County Attorney.
VOTE: UNANIMOUS
c. Bid Award far Northern Park, Phase I
The Board considered awarding a bid and approving a contract with Faulconer
Construction in an amount not to exceed $1,547,149 for construction of the major elements of
Northern Park (also known as Cedar Grove Park} and authorizing the Chair to sign.
Recreation and Parks Director Lori Taft made reference to the first page of the abstract,
which lists the items included in phase one. The one pending item is the ball field lighting.
There could be enough in the allocated funding to include the lighting, but this one alternate was
set aside with the realization that there are some issues with soil that could be quite costly. In
addition, there is a risk of running into rock, which can be vastly. The staff is asking far the
Board to consider approval of the budgeted amount, which includes the original bond money,
part of the grant money, as well as the payment-in-lieu funds from this park district.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve awarding a bid and approving a contract with Faulconer Construction in an amount not
to exceed $1,547,149 for construction of the major elements of Northern Park (also known as
Cedar Grave Park) and authorize the Chair to sign.
VOTE: UNANIMOUS
d. Orange County Housing Bond Program Policy Amendment
The Board considered a proposed amendment to the Orange County Housing Bond
Policy from the Orange Community Housing and Land Trust organization.
Housing and Community Development Director Tara Fikes said that the Board received
a letter from Executive Director of Orange Community Housing and Land Trust Robert Dowling
asking that the County consider modifying its bond program policy provision that requires that all
program participants live or work in Orange County for one year prior to receiving public subsidy
for first-time home purchases. She said that Orange Community Housing and Land Trust might
have a lot of difficulty reselling some of the existing properties. The Orange County Affordable
Housing Advisory Board has reviewed and discussed this request fully and talked with Robert
Dowling. The AHAB has drafted a recommended amendment to the bond policy for the Board's
consideration. The policy has three tiers:
1. For the first 120 days, buyers must have lived or worked in Orange County
for one (1}year.
2. After 120 days on the market unsold, properties may be sold to buyers
that have lived ar worked in Orange County for six months.
3. If the property remains on the market for an additional 120-day period,
then consider utilizing available public funding to provide subsidy at a level
that will allow buyers at lower income levels that have lived or worked in
Orange County far six months to qualify to purchase the home.
Commissioner Foushee said that the AHAB was more interested in ensuring that
persons who benefited from this program were persons who lived in Orange County. She said
that the 120-day period was advised because on the AHAB there are realtors who indicated that
this is not uncommon in the present housing market.
Commissioner Gordon said that she is also concerned that the people live in Orange
County. She said that the idea is to provide affordable housing for the people who live and work
here who might not be able to afford it, but it is not working out that way according to Robert
Dowling. She said that 120 days is not a long time. She said she is troubled by this. She
would like to give subsidies to people who have lived here for at least a year.
Tara Fikes said that, to the extent as there is housing bond money available, these funds
might be available for those subsidies.
Commissioner Gordon said that if there are houses that are undesirable, then the whole
picture should be considered.
Commissioner Foushee said that the ARAB did talk about this issue. She thinks that this
speaks to the re-sales and the problems relate directly to those houses that need to be resold,
and same of them are not in desirable locations. She said that the request from the Land Trust
comes so that those properties in particular would have other avenues for selling them.
Chair Carey suggested approving the AHAB recommendation and evaluating after a
year.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the Orange County Housing Bond Policy Amendment proposed by the Affordable
Housing Advisory Board in response to the Orange Community Housing and Land Trust
request, with an evaluation after one year.
VOTE: UNANIMOUS
e. Draft Comments -Proposed Jordan Lake Nutrient Management Rules
The Board considered draft comments on the proposed Jordan Lake Nutrient
Management rules, to be presented far public comment this summer, far submittal to the N.C.
Environmental Management Commission.
Dave Stancil presented a map. He said that the purpose of this item is to consider a
draft letter of comment to the North Carolina Environmental Management Commission
regarding the proposed new Jordan Lake Nutrient Management Rules. On May 24th staff made
a presentation to the Board of County Commissioners, and now the rules have been published
and the comments are due and will conclude on August 14th. The Board asked staff to develop
comments. The letter, which starts on page 11 of the abstract, draws attention to the many
proactive steps that Orange County has taken in the last 25 years and the fact that these
measures have already substantially lowered the nutrient load for the Orange County
jurisdiction. For the most part, this activity is really not recognized. He described the map.
There are three public hearings scheduled (page 8). The recommendation is that the
Board authorize submittal of this letter during the public comment period.
Commissioner Gordon said that this is a good letter and she asked if the staff was going
to speak at the public hearing in Carrbaro. Dave Stancil said that they could submit the letter in
written form and someone could go to the public hearing and present it.
Commissioner Gordon said that she would like someone to speak at the public hearing
in Carrbaro.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve draft comments an the proposed Jordan Lake Nutrient Management rules, to be
presented for public comment at the public hearing at the Carrboro Century Center on July 12,
2007, and for submittal to the N.C. Environmental Management Commission.
VOTE: UNANIMOUS
f. Six-Month Development Moratorium in the Carrboro Northern Study Area
The Board received the Planning Board's recommendation on a proposed six-month
moratorium on residential development in the Joint Planning Transition Area portion of the
Carrboro Northern Study Area and considered a resolution of adoption.
Planning Director Craig Benedict said that in February 2007 Carrboro began a process
for a moratorium and passed a resolution in March in reference to this. Since this is in the JPA
area, it requires Orange County's approval. The Northern Study Area contains approximately
3,800 acres and encompasses areas of existing town limits, ETJ, and Joint Planning Transition
Areas 1 and 2. On April 26t" the Board of County Commissioners held a public information
meeting to receive comments on this. There were two people who spoke in opposition to the
moratorium. This was referred to the Planning Board at the June meeting. A few people spoke
in opposition to the moratorium at the June Planning Board meeting. The Planning Board voted
in June to agree that a moratorium would be in order for this area, with two amendments:
1. That any such moratorium not apply to projects for which proposed request
far rezoning ar permits have been properly filed and are pending at this time;
and
2. That for other proposals not yet submitted, that we would support and
recommend that they adapt asix-month moratorium effective at the time of
adoption and be effective to December 26, 2007.
Commissioner Nelson asked for clarification of projects that were in the pipeline. Craig
Benedict made reference to page 7 of the abstract, which identifies the projects to which this
moratorium would not apply.
Geof Gledhill said that, according to Carrboro's resolution, the applications for rezoning,
even though they are in the pipeline, will be affected by the moratorium.
Commissioner Jacobs said that Carrboro's resolution is only going to be for four months.
Craig Benedict said that the Planning Board decided an six months in order to address
any amendments that may come forward from the study group.
Commissioner Jacobs said that he wants to amend the resolution to reflect four months
instead of six months, because this is a tool that should be used sparingly and precisely.
Commissioner Jacobs asked what happens if Orange County applies the moratorium
differently than Carrboro. Geof Gledhill said that Carrboro would have to decide whether it
wants to concur. If Carrboro does not concur, then there is no moratorium.
PUBLIC COMMENT:
Omar Zinn said that he is a lifetime resident of Chapel Hill, a local builder in Chapel Hill
and in Carrboro, and he is intimately involved in this issue. He said that his project is
Claremont, and there are several projects that have been affected by this moratorium. He said
that Claremont Phase II is in CUP review. He said that his project and a couple of other
projects have been on hold and nothing has happened since March. As it stands now, the way
that the moratorium is written, any new ordinance changes can be retroactively applied to his
projects. He wants to make sure that any changes in the moratorium will not affect him and will
not be retroactively applied to ongoing projects.
Commissioner Gordon asked what has happened in between the time Carrboro passed
this resolution and Geof Gledhill said that there is no reason in the resolution to communicate
that the moratorium is in effect yet. He believes that the work that Carrboro wants the
moratorium for is underway.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve the resolution, which is incorporated by reference, to extend the moratorium for four
months to end the same time as indicated by the Town of Carrboro (October 26t") and that the
same standards be adopted for purposes of simplicity.
Commissioner Gordon said that this is not in accord with the Planning Board's
recommendation. Geof Gledhill said that the Planning Board recommendation goes beyond
what was asked. He said that the inconsistencies in the time period will have to be weighed in
by the Attorneys.
Commissioner Nelson said that he will vote for the motion, but he has some misgivings.
His preference would be not to have the new ordinances apply to projects that are already in the
pipeline. He thinks that this is a fairness issue.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
g, Potential Policy Regarding a Requirement that County Department Heads
Reside Within the County
The Board considered providing direction to the County Manager regarding the
development of a potential policy requiring newly hired County department heads to reside
within the County.
Laura Blackmon said that one of the County Commissioners asked this to be placed on
the agenda. The staff did research an this with other counties. She said that she is personally
not in favor of this type of restriction. There are some potential affordability issues, potential
conflicts with moving up in the organization, and others. She would suggest offering moving
expenses or other incentives as opposed to a policy.
Commissioner Jacobs indicated that he had suggested this policy but now he thought
that some of the points the Manager made are persuasive and Commissioner Foushee was
further persuasive when he asked her opinion. He suggested coming back with a mare
proactive way to get employees to live here and to state a strong preference that people live
here.
Commissioner Nelson said that it is important for department heads to live in the
community and to learn the community. He said that he has seen the salary ranges the
department heads make and he finds it hard to believe that people that make this much money
cannot afford to live here.
Commissioner Foushee said that she is not inclined to support this item because it limits
the County's ability to hire the best people.
Commissioner Gordon said that there could be a preference stated, but she would like
for anyone currently employed to be grandfathered in.
Chair Carey said that he prefers that future department heads live in Orange County.
He would not want to apply this to current employees. He does not feel compelled to have a
policy, but having a preference is strong enough.
Commissioner Jacobs said that the County Commissioners all agree that there should
be a strong preference that department heads should live in Orange County and that it would
not apply to existing employees. He would like to direct the Manager to investigate this further
over the summer and to look at same positions that ought to be residents of Orange County and
to look at ways to provide incentives.
The Board agreed.
7. Reports
a. Historic Rogers Road Community Enhancement and Monitoring Task Force -
Interim Report The Board received an update on the Historic Rogers Road Community
Enhancement and Monitoring Task Force activities to date.
Chair Carey said that there was a meeting of this task force last night. He referred to the
handout.
Solid Waste Director Gayle Wilson said that the County Commissioners on May 24t"
created the Historic Rogers Road Community Enhancement Plan Development and Monitoring
Task Force. The task force met on June 6t" and June 11t". On June 19t", the neighbors
requested a meeting to talk amongst themselves. On June 25t", there was a community forum
and about 35-40 people were present. The task force has had good participation and has been
identifying neighborhood enhancement issues. He said that the aggressive timeline adopted in
April by the Board will be difficult to meet and the task force might suggest a new timeline. The
meeting in July will include discussion of the geographic designation of the Historic Rogers
Road community.
Chair Carey said that it is certain that the task force will not meet the September 1St
deadline. He said that the discussion has been vigorous and the neighbors have a desire to
understand the implications of some of the wish list recommendations they are likely to make.
Commissioner Foushee echoed Chair Corey's comments. She said that she wants this
done right.
Commissioner Jacobs asked for information related to item #26 on the handout, which
states, "Stop dividing us as a community!" He asked that the Joint Planning Map be shared with
the community that shows where the Carrboro and Chapel Hill jurisdictional lines were drawn
and what year that was done. He said that there is a sense that the County is currently dividing
the neighborhood, and he thinks that this was done 20 years ago.
Commissioner Foushee said that it goes beyond the Chapel Hill/Carrboro situation. She
said that last night the task farce talked about what the geographical map should look like, and
people talked about the entire Rogers Road community and how it extends well beyond
Millhouse Road, and somehow part of it was dropped. The community feels that the
governmental bodies separated them before there was a real line of demarcation.
Commissioner Jacobs said that he would like a written account to these people about
how the County got to this point and the process in siting the transfer station.
Chair Carey said that the County representatives have devoted an enormous of time to
this issue at these meetings. There will be another report after the next meeting regarding the
map and the timetable.
b. Status Report: Orange County Government Access Television, Channel 265
The Board received a status report on the operations and management of Orange
County Government Access Television, Channel 265.
Gwen Harvey made a PowerPoint presentation.
Orange County
Government Access Television
Channel 265
Status Report to the BOCC
- June 26, 21707 -
Birth of a Channel
^ Principal Outcome - 2005 Cable Franchise Renewal Agreement
^ Installation and Upgrade of Equipment of Southern Human Services
^ March 27. 2007 -Official Debut
^ Partnership w/The People's Channel Maintained
^ New State Legislation -Continued Change
Current Channel 265 Programming
^ B O CC Meetings.
~ Live Gasting of Meetings at Southern Human Services Center
~ Re-broadcast of Meetings Recorded at the F. Gordon Battle Courtroom
^ Bulletin Board:
~ Schedule of BOCC Meeting Broadcasts
~ Currenf Job Opportunities
~ Volunteer Opportunities on Advisory Boards and Commissions
Other Opportunities
Public Affairs Programming
Departmental Highlights
~ Employee Training
~ Consumer/Cusfomer Education
Youth Connections
Special Events Broadcasting
tntergovernmenta! Collaboration
Vocational Education & Internships
RESOURCES TODAY
Organi2ational
~ Assistant Manager
~ Management Analyst
~ Deputy County Clerk
~ The People's Channel
Budgetary
~ Only in-directly funded through the contract with the People's Channel for the recording of
BOCG meetings - (Expected FY t?7-OSBudget here)
RESOURCES TOMORROW
Technical -Design, Operations, and Maintenance of Channel Equipment
^ Original Programming -Creative Talent & Content Managers
^ How does Channe1265 fit within a Strategic Communications Plan?
o Public Education
o Community Engagement
o Customer Relations
o Marketing & Promotion of Government Services
Coming This Fall
^ Address within County Management's Overall Program Analysis
^ Proposal for further development of Channe1265 programming with budget and staff
recommendations
Acknowledgements & Appreciations
^ Cable Advisory Committee
Michael Patrick, Chair
^ The People's Channel:
Chad Johnston
Bill Nichols
^ Time Warner Cable:
Brad Phillips
Cindy Ray Keene
8. Board Comments
Commissioner Foushee -none.
Commissioner Jacobs asked about the lottery letter that he had requested and Chair
Carey said that he was waiting on staff to draft the letter.
Commissioner Jacobs said that the Board referred to the Board of Health the initiative to
embrace health as a basic human right months ago. He has not seen this come back. He
asked Chair Carey to get that out to the Board of Health so that the Board can act on it. Chair
Carey said that he would follow up on this.
Commissioner Jacobs congratulated Chapel Hill for building ahalf-mile of sidewalk from
the Operations Center to Eubanks Road.
Commissioner Jacobs said that he attended the first meeting of the group doing the
feasibility study for the value-added agricultural center.
Commissioner Jacobs said that the County Commissioners did not talk during the
budget process about the Sportsplex, but there have been regular meetings with the citizen
group. The Sportsplex now has 2,000 members and there is a projected 15% increase in
revenues. There was discussion about tracking non-County users of the building, especially
groups or teams to see if they should pay a differential rate. The building is getting very
crowded. He said that the Sportsplex will be closed from 10 days to two weeks starting August
25t" The last event is the dog swim and the pool will be drained.
Cammissioner Nelsan -Wane.
Commissioner Gordon said that Commissioner Jacobs had asked about a rider an TTA
who had some problems with service. Executive Director TTA David King has met with
Commissioner Jacobs and has written a letter to the editor of the same paper that had the
column with the rider's concerns. David King feels like what happened on the day the person
rode was that there was a bomb threat, so it took TTA until nearly 11:00 before all buses were
back in service. She said that Mr. King acknowledges that this was an inconvenience.
Commissioner Gordon said that TTA opened the regional call center where people can
call and get information about transit routes, etc. There has been a 12°~ increase in regional
bus riders during 2006, compared to the national average of 3%. There has been a 16°l0
increase in vanpool ridership.
Commissioner Gordon said that the group that is working on A Fresh Look at Transit has
had three out of the nine meetings. There should be a vision for transit in the Triangle by the
end of this year.
Commissioner Gordon made reference to information about the Town of Chapel Hill's
agenda items tomorrow. The public hearing was held open for the County Commissioners'
comments about the Chapel Hill Planning Board position.
Laura Blackmon said that the memo said that the County is required to have at least one
person on the Chapel Hill Planning Board representing the ETJ.
Commissioner Gordon said that on May 3rd the appointment was on the BOCC agenda,
but it was deferred because there were some questions. On May 7t", Chapel Hill gave
instruction to its staff to start looking at deleting the position. On May 15t", the position was
appointed by the BOCC. Mr. Guthrie attended the next meeting, and the Planning Board
decided to grandfather him in. On May 29t", the Orange County Planning Director got a letter
from the Chapel Hill Planning Director apprising him of the proposed deletion of the position.
Now it is open far the County Commissioners' comments.
Commissioner Jacobs said that his comment is that what Chapel Hill is doing makes
sense. He hopes that in the future that four managers could do a better job of coordinating
earlier in the process. There was a similar miscommunication regarding the Carrboro
moratorium.
Chair Carey said that he thinks that what Chapel Hill is doing is reasonable.
Chair Carey -none.
9. County Manager's Report
Laura Blackmon said that she had sent an email to the County Commissioners about
Jones Concrete at Northern and one of the County Commissioners asked a question about it,
so she looked into it. Evidently, over many years equipment has been stored on various areas
of the property back in the woods. This is being cleaned up.
Regarding the Cate House, located at Twin Creeks, there was a memo and the staff is
looking at ways to correct acts of vandalism. There are some other improvements that will be
made over the summer so that there can be a caretaker as soon as possible.
Laura Blackmon said that she met today with the Orange County Speedway
representatives over the contract. The Speedway would like to be able to cancel the contract
with a 30-day notice instead of a 90-day notice. Another change is reducing the amount of
County staff and equipment on site. She will be contacting Bahama to see if there can be same
emergency support for events. The contract will be brought back in August for approval.
10. Appointments
a. Hrraraaoie nousmg Eaavisory r~oara - ivewHppaintments
The Board considered making new appointments to the Affordable Housing Advisory
Board.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
appoint Ida Ballard to a partial term ending June 30, 2008 and Rashii Purefoy to a full term
ending June 30, 2009 to the Affordable Housing Advisory Commission
VOTE: UNANIMOUS
b. Economic Development Commission -New Appointments
The Board considered making new appointments to the Economic Development
Commission.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Mark Brantley to a full term ending June 30, 2010 and Kathleen Yarborough to a partial
term ending June 30, 2008;
VOTE: UNANIMOUS
Commissioner Nelson said that he is finding it very difficult to make these meetings as
the liaison. He has spoken to Commissioner Foushee, and she is willing to be the liaison.
A motion was made by Commissioner Nelson, secanded by Commissioner Gordon to
appoint Commissioner Foushee as the County Commissioner liaison to the Economic
Development Commission.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
appoint Eric Hallman as the Town of Hillsborough representative to a term ending June 30,
2010 to the Economic Development Commission.
VOTE: UNANIMOUS
c. Human Relations Commission -New Appointments
The Board considered making new appointments to the Human Relations Commission.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
appoint Jennifer Frye and Maria de Bruyn to full terms ending June 30, 2008 to the Human
Relations Commission.
VOTE: UNANIMOUS
d. Human Services Advisory Board -New Appointment
The Board considered making one appointment to the Human Services Advisory
Commission.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
appoint James Harris to a partial term ending March 31, 2009 to the Human Services Advisory
Commission.
VOTE: UNANIMOUS
e. Sportsplex Community Advisory Committee -New Appointment
The Board considered making one appointment to the Sportsplex Community Advisory
Committee.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Jack Chestnut to a partial term ending September 30, 2009 to the Sportsplex
Community Advisory Committee.
VOTE: UNANIMOUS
11. Closed Session
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to go
into closed session at 10:40 for the purpose of:
"To consider and give instructions to the County Attorney concerning the handling of the case of
Christopher Road Realty, Inc. vs. Orange County Board of Adjustment, Orange County Superior
Court File No. 06 CVS 1489, pursuant to N C Gen Statute Section 143-318.11(a}{3)."
VOTE: UNANIMOUS
RE-CONVENE INTO REGULAR SESSION:
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
reconvene into regular session at 10:55 p.m.
VOTE: UNANIMOUS
12. Information Items
North Buckharn Community and Central Efland Sewer Construction Project
Elected Officials Guide to Emergencies and Disasters
13. Adjournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
adjourn the meeting at 1 Q:55 p.m.
VOTE: UNANIMOUS
Moses Carey, Jr., Chair
Donna S. Baker, CMC
Clerk to the Board