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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
October 9, 2007
7:30 p.m.
The Orange Caunty Board of Commissioners met in regular session on Thursday, Octaber
9, 2007 at 7:30 p.m. in the F. Gordan 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
COUNTY STAFF PRESENT: Assistant County Manager Willie Best 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 wifh the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Bill Reid said that his concern is about the library and what is being done with it. He
made reference to the Archival Collection Task Force that gave a report to the Board of County
Commissioners in December 2006, and the location and the cast of a history collection. He
said that there seems to be no room for this in the new proposed library. He asked what would
be done with this room and if the recommendations of the task force would be followed. He
asked that this not fall through the cracks.
Chair Carey said that the Board has not discussed this matter ar made any decisions
about it yet.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Proclamations! ResolutionslSpecial Presentations
a. Certificate of Achievement for Excellence in Financial Reporting
The Board recognized the staff of the Orange County Finance Department for earning
the Government Finance Officers' Association {GFOA) Certificate of Achievement for
Excellence in Financial Reporting for the fiscal year ended June 30, 2006.
Assistant County Manager Willie Best recognized Finance Director Ken Chavious and
his staff for this award. The Orange County Finance staff has received this award since 1982.
He said that the work that goes into this award is in addition to the work that is done for the
County.
Ken Chavious recognized his staff in attendance: Michelle Brooks, Accounting
Technician; Sherry Raspberry, Accounting Technician; Howard Fitz, County CPA; and Dennis
Smith, Accounting Technician Supervisor.
Chair Carey announced that Ken Chavious would be retiring at the end of the calendar
year.
Commissioner Gordan commended Ken Chavious for his many years of excellent
service to Orange County.
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 August 30 Joint Meeting with Affordable Housing
Advisory Board, the August 30 Work Session and the September 6, 2007 Regular Meeting as
submitted by the Clerk to the Baard.
b. Appointments
{1) Adult Care Hame Community Advisory Committee -Reappointment
The Board reappointed Teresa Gill to the Adult Care Hame Community Advisory Committee
to a first full term ending June 30, 2010.
{2) Affordable Housing Advisory Board -Reappointments
The Board reappointed Dr. Gary Gaddy to a second full term ending September 30, 2010
and Barbara Mull to a second full term ending September 30, 2010 to the Affordable
Housing Advisory Board.
{3) Hillsborough Planning Board -Reappointment
The Board reappointed David Remington to a second full term ending June 30, 2010 to the
Hillsborough Planning Board.
{4) Human Relations Commission -Reappointment
The Board reappointed Augustin {Yves) Gnamien to a second full term ending September
30, 2010 to the Human Relations Commission.
c. Cooperative Extension Memorandum of Understanding
The Board approved a Memorandum of Understanding between Orange County and the North
Carolina Cooperative Extension Service, North Carolina State University, maintaining Orange
County Cooperative Extension staff as "regular" employees, and authorized the Chair to sign.
d. Application and Acceptance of 2008 EMS Toolkit Grant
The Baard approved the application for this grant funding; accepted any forthcoming grant
funds awarded as part of this grant; and authorized the County Manager to sign as the County
representative to accept the grant pending final review by staff and the County Attorney.
e. Encroachment Agreement for Eubanks Road Sidewalk re: Animal Services Facility
Pro iect
The Board approved a Three Party Right of Way Encroachment Agreement among the North
Carolina Department of Transportation {NCDOT}, Orange County and the Town of Chapel Hill
far sidewalks and handicap ramps along the Eubanks Raad frontage of the Animal Services
Center Facility and authorized the Chair to sign.
f. Encroachment Agreement for Waterline Construction Associated with Justice Facility
Project
The Board approved a Three Party Right of Way encroachment Agreement among the North
Carolina Department of Transportation (NCDOT), Orange County and the Town of Hillsborough
that allows the construction of a new 8" water line to serve the expanded Justice Facility and
authorized the Chair to sign.
g_ Granting of Sanitary Sewer Easements for CHCCS Elementary #10
This item was removed and placed at the end of the consent agenda for separate consideration.
h. Change in BOCC Regular Meeting Schedule far 2007
The Board amended its regular meeting calendar by adding a dinner meeting/ work session with
the Board of Health on November 13, 2007 at 5:30 p.m. at the Link Government Services
Center, 200 South Cameron Street, in Hillsborough.
i. Board of Commissioners Meetina Calendar for Year 2008
This item was removed and placed at the end of the consent agenda far separate consideration.
L Bid Award: Liahtina at the Walnut Grove Church Road Solid Waste Convenience
Center
This item was removed and placed at the end of the consent agenda far separate consideration.
k. Resolution Endorsing Agreement with the NCDOT for TIP Protect EB-3606, Bicycle
Route Mapping and Signing
The Board endorsed a resolution to enter into an agreement with the North Carolina Department
of Transportation (NCDOT) for the NCDOT to reimburse the County for the cost to produce
20,000 bicycle route maps and authorize the Manager to sign subject to final review and
approval by the County Attorney and others to ensure that the County's policies and procedures
adhere to federal requirements of the agreement.
I. Resolution Endorsing Two NCDOT Projects to Enhance Safety and Improve Traffic
Flow
The Board approved a Resolution Endorsing Safety Improvements to Enhance Safety and
Improve Traffic Flow.
m. West Ten Soccer Center Chanae Order Reauests
The Board approved a change order in the amount of $118,552 that includes installation of a
water storage tank; use of a temporary generator; winter cover crop seeding; and spring field
prep for the West Ten Soccer Center; and authorize the Manager to sign and report this and
other change orders that may occur within the project up to the amount of budgeted funds.
n. Contract Amendment Approval: West Ten Design Services; Phase II
This item was removed and placed at the end of the consent agenda for separate consideration.
o. Contract Approval: Construction Materials Testing and Observation Services for
Central Orange Senior CenterlSportsplex Renovation Praiect
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:
g_ Granting of SanitaN Sewer Easements for CHCCS Elementary #10
The Board considered approval of sanitary sewer easements and related documents for
the sewer line to serve Elementary School #10, and authorizing representatives from Chapel
Hill-Carrboro City Schools {CHCCS) and Orange County to work with adjoining property owners
to the south to secure off-site easements and authorizing staff and the County Attorney to
pursue and secure easements.
Commissioner Gordan said that on the second page there is a question about alignment
of sewer outside of the elementary school parcel. She asked where this would go and read
from the abstract, "It is not clear what effect this location an the outside of the elementary school
parcel may have on future development of the residual portion of the educational campus that is
located north of Jones Creek and the Piedmont EMC power easement. Staff is seeking
additional clarification from the engineer and OWASA to determine potential impact and will
report to the Board when the easement is presented for consideration."
Environment and Resource Conservation Director Dave Stanch said that the map in the
packet does not show this, so he showed the sewer line on another map. He said that OWASA
has requested that, to serve future areas, there should be an easement that goes around the
elementary school on both sides that would serve areas to the north and east. This is
something that staff talked with the consulting engineers of the school systems about, and the
engineers were going to talk with OWASA about the passibility of deferring this item for now,
because the implications of this easement being on the outside of the parcel are not known.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
authorize staff and the County Attorney to pursue easements on the Twin Creeks site as
described and present them for Board approval as quickly as practicable; and authorize
representatives from the County and CHCCS to discuss and secure easements as shown from
MI Homes and Glen Ridge Homeowners Association.
VOTE: UNANIMOUS
i. Board of Commissioners Meeting Calendar for Year 2008
The Board considered final approval of the regular meeting schedule for the Board of
County Commissioners far calendar year 2008.
Commissioner Nelson said that the retreat date is scheduled for a weekday and he has
concerns about this item. He said that he could not commit to taking off a day a year in
advance, so he will need to vote against this.
Commissioner Gordon said that the Board used to have retreats on Saturdays and she
asked why they were now on Fridays. She asked how other members felt about this. She is
willing to come on a Saturday.
Chair Carey said that he has met on Saturdays before and he has also made the
decision to take time off on weekdays when needed.
Commissioner Jacobs said that the last two years these were done on Fridays so that
staff, which includes several dozen people, would not have to take an additional day from their
families. Either day is a workday for him.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the final schedule of regular meetings for the year 2008, with the exception of the
retreat on October 10t", far which approval would be deferred pending further discussion..
VOTE: UNANIMOUS
L Bid Award: Lighting at the Walnut Grove Church Road Solid Waste
Convenience Center
The Board considered awarding a bid to Tammy Lawrence Electrical Contractors of
Roxboro, North Carolina far installing outdoor lighting at the Walnut Grove Church Road Solid
Waste Convenience Center and authorizing the Purchasing Director to sign.
Commissioner Jacobs said that all of the County Commissioners saw the letter that the
Solid Waste Director sent out to residents about the lighting at the Walnut Grove SWCC, as part
of the commitment to keep the community informed of what is being done. He appreciates the
letter.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
award a bid to Tommy Lawrence Electrical Contractors of Roxboro, North Carolina for an
amount not to exceed $26,722; and authorize the Purchasing Director to execute and sign
paperwork as may be required.
VOTE: UNANIMOUS
n. Contract Amendment Approval: West Ten Design Services; Phase II
The Board considered approving a contract amendment for Corley Redfoot Zack to
complete design of West Ten Soccer Center- Phase I I and authorize the Purchasing Director to
execute the paperwork.
Commissioner Gordon said that she wanted to get a clear idea as to what Phase II
involves exactly.
Recreation and Parks Director Lori Taft said that the original master plan has not been
revised and the staff has been working on this, but last spring there was an increase in interest
in this facility amongst the soccer community, and a site plan was drawn that shows a set of
tennis courts and a playground. It has not been approved. Phase II includes the restrooms,
concession stand building, walking track, field lighting, drainage, landscaping required by codes,
and parking. This required additional design services.
Commissioner Gordon said that she thought that what the Board had approved was the
facilities already designed. Lori Taft said that it is not an increase in the scope of the project,
but more in-depth services. This secondary portion is more of the construction drawings and
detail work that goes to the Planning Department.
Commissioner Gordon asked for more details to be brought back.
Pam Jones said that what is on this proposal is everything that has been approved in the
master plan. The part that has not been approved in the master plan is the master planning for
the tennis courts and playground. The items that are included in Phase II are already in the
master plan.
Commissioner Gordan asked that the changes in the master plan be brought back
separately.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve a contract amendment with Corley Redfoot Zack in the amount of $105,200 to
complete the design of Phase II of the West Ten Soccer Center, but not to include revisions to
the original master plan; and authorize the Purchasing Director to execute paperwork to effect
the amendment.
VOTE: UNANIMOUS
o. Contract Approval: Construction Materials Testincl and Observation
Services for Central Orange Senior CenterlSpartsplex Renovation Project
The Board considered approving a contract with Summit Engineering, Hillsborough to
perform construction materials testing and construction observation in conjunction with the
Central Orange Senior Center/ Sportsplex Renovation project and authorizing the Manager to
sign.
Geof Gledhill said that North Carolina laws require architectural engineering and
surveying services to be awarded based on the selection process -not based on money, but
qualifications of the professional. The law also allows for the selection process to be waived by
the government awarding the services in two instances - if the services are less than $30,000
and under the Board's discretion. He said this proposal that the exemption of these services
from that selection process should be added to the recommendation. He read the language, as
follows: "The Manager recommends that the Board exempt this service from the selection
process of North Carolina General Statute Section 143-64.31." He said that this was not an
oversight on the part of Pam Jones in preparing this abstract, but he is asking that it be added
for caution because these services are marginally engineering services.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve a contract with Summit Engineering, Hillsborough, North Carolina to provide
construction materials testing and observation for the Central Orange Senior Center/Spartsplex
Renovation; and to exempt this service from the selection process of North Carolina General
Statute Section 143-64.31; and authorize the Manager to sign the contract.
VOTE: UNANIMOUS
5. Public Hearings-NONE
6. Regular Agenda
a. Fee Waiver Request far Tent Revival Event at Fairview Park
The Board considered a request for park use fee waiver by Reverend Luther Brooks and
the St. James Baptist Church.
Willie Best said that Rev. Luther Brooks came to the last Board of County
Commissioners meeting and asked for a waiver of the $250 park rental fee for his tent revival
and the Manager has recommended that the fee not be waived.
Chair Carey said that at the last meeting there were several questions that the Board
had about whether the Board of County Commissioners had the legal authority to waive the fee
in this case.
Geof Gledhill said that he and Brian Ferrell have done some research into this idea of
waiver requirements in the use of government property. He said that it is their conclusion that
the fee for the use of these park facilities was adopted by the Board as part of the budget
ordinance. This action of the Board did not create any waiver provisions or standards for waiver
provisions. He said that this creates a problem for the courts. Particularly, in this instance, the
Board would be waiving the fee at its absolute discretion, which is prohibited by federal courts.
Essentially, the whale thing turns on the first amendment and the right of free expression and
free speech. Any fee waiver would have to be crafted so that there was no free speech or free
expression problem created by the waiver policy. The only way, in his opinion, to waive this fee
is to eliminate the fee altogether.
Chair Carey said that he read Geof Gledhill's statement in the packet, and it raised some
questions for him. He asked to hear the public comment first.
PUBLIC COMMENT:
Marcus Morrow pastors the church, Victory in Jesus Ministries, in Hillsborough. He said
that it would be good to have the fee completely eliminated. He said that this event is not an
event to raise money, and having a fee of $250 per day would prevent the ministries from doing
this to the best of their ability. He said that he wants to impact the community by helping those
that are in need. The goal is to save and help people physically and spiritually by feeding and
clothing people in need.
Rev. Luther Brooks thanked the County Commissioners. He said that since the fee
cannot be waived by law, he would like it eliminated. He asked those in support of eliminating
the fee to stand, and about 50 people stood. He said that the ball field that will be used for this
revival was built in large part by the late Rev. James Stewart. This ball field is not being used
by anyone and is not even being rented out by Recreation and Parks because of its location.
He noted that there was a letter of support from the local Chief of Police, and he distributed this.
He said that the police department supported the event last year and there were no incidences.
He said that the County budget is over $200 million and he asked if the income produced by the
rental of parks was significant enough to make a difference. He said that this revival would
really make a difference in Fairview. He said that last year there was a man in the woods at the
revival, who had a gun ready to get even with a drug dealer, and he heard the revival and was
saved and baptized. There was also another instance of a man with a gun that got saved. He
said that it costs $25,000 a year to put up an inmate, and these two passible felons were
diverted because of the tent revival. This would more than cover the $250 fee. He asked about
how Hog Day works. He said that Hog Day closes off the streets and this tent revival will not be
closing off the streets and will be giving food away for free.
Chair Carey said that the Board also has same questions about the future for Hog Day.
This year Hog Day charged a fee for the first time ever. He said that the fee policy was not
designed to raise revenue, but there are some expenses associated with the uses of a
particular facility. The Board also has concerns about the exclusive use of a whole park.
Commissioner Gordan said that she thought the request was to rent the whole park and
not just the ball field.
Chair Carey said that this was one of the questions and it was not clear at the last
meeting. It is becoming clearer. He said that the Board will request that the Manager come
back with some clearer rules and regulations about the use of the County's facilities.
Commissioner Jacobs said that he was disappointed in this abstract because some of
these issues were discussed at agenda review. He said that in June he was opposed to having
a fee to rent an entire park because citizens pay taxes that are used to build parks, and then
some citizens would be in some way excluded when an entire park is rented out. He said that
the Board has also not discussed any time limits to reserving a park (i.e., three days, six days,
etc.). He was hoping that the Board would suspend the fee far park rental and send it back to
staff for analysis of the issues.
Geof Gledhill said that the right way to da this is to amend the budget ordinance to
suspend this fee. The Board can express its intent to do this and have the budget amendment
brought back.
Commissioner Jacobs said that this should come back to the Board with a lot more
thinking.
Commissioner Gordon said that a major issue is whether any group can take aver a
whole park so that no one else can come to the park. She does not want to set a precedent
that will preclude addressing that and other issues that need to be addressed.
Chair Carey said that this is not setting a precedent, and the questions need to be
answered before there is another request like this.
Commissioner Foushee said that she thought Geof Gledhill said that the Board could
take action tonight to suspend the budget ordinance as it now reads until a policy can be made
clearer as it relates to renting parks, etc. She said that if the Board suspends the budget
ordinance as it now stands tonight, it would not change anything except that there are some
things hanging until staff brings back additional information.
Geof Gledhill said that by acting tonight, the Board would amend the budget ordinance
to suspend the fee. It would apply to all parks where the $250 applies.
Commissioner Nelson asked if the proposal was just for the ball field or the whole park
and Rev. Brooks said that the ball field is where the tent will go. The public would be able to
use the rest of the park.
Recreation and Parks Director Lori Taft said that she does not have an application yet
for this event. Last year, most of the activity occurred on the ball field, but there is not much
else in the park right now. She said that there are two fees for ball fields that were approved in
the past and the one most applicable in this situation would be the tournament fee, which is
$1001day.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
amend the budget ordinance to suspend the $250 fee for rental of parks to be reconsidered in
light of the concerns raised by the public and the Board, including but not limited to the
appropriateness of allowing the rental of an entire park, use of an entire park for profit by an
organization, circumstances under which we might waive fees, and the limits on the length of
time a group might rent the facility.
Commissioner Gordon suggested adding that this be brought back within 60 days.
Commissioner Jacobs agreed to add, "in a timely manner, before the holiday break."
VOTE: Ayes, 4; Nay, 1 (Commissioner Nelson}
Geof Gledhill said that at the next meeting the Board would see an amended budget
ordinance.
Frances Johnson asked to speak as a resident of Fairview. She said that there is no
park in Fairview, and there is nothing there but same swings and a sliding board. She said that
there is no excuse for this park and the fee should never have been applied.
Chair Carey said that he and Frances Johnson have discussed this before and the plans
to build a real park. This will be done. Frances Johnson said that she has been on committees
forever and there have been many grants that have promised things for Fairview. She is very
frustrated.
b. Hillsborough Farmer's Market Draft Guidelines
The Board considered best management practices to be used in the operation of a
farmer's market to be held at the Public Market House and mediation options.
County Extension Director Fletcher Barber said that he was asked to bring back
suggested guidelines for the use of the Public Market House as a farmers market. Since the
department was tasked to do this, the staff has looked at guidelines for all over the nation and
locally. Some of these guidelines are included in the packet. He made reference to the sheet
entitled, "Tenant requirement for leasing the Public Market House for use as a farmer's market."
He reviewed this page. He pointed out that Orange County government would have the final
authority over the Public Market House, and it will lease the shelter to one farmers market
organization or tenant that agrees to the items listed. There will be a formal agreement between
Orange County government and this tenant. Also, a market manager is very important and will
work for the market under the jurisdiction of the Board of Directors. In some cases, this
manager is a paid individual and not a vendor. If the revenues are not enough to have a paid
market manager, this person would still fall under the jurisdiction of the Board of Directors,
which is made up of vendors. Also, liability insurance is important and must cover anyone that
uses the facility for the purpose of a farmers market. The fee will be set by the County and
should be a minimum of $1 million.
Willie Best said that there is also a financial impact far mediation services of the two
farmers market groups of $75/hour.
Commissioner Gordon asked how the County would choose a group. Fletcher Barber
said that he would hope that there could be one Board of Directors. His thought was to take the
names of all of the vendors and put them on a list in a room to vote, and each person would
have nine votes. This could start off the original Board of Directors. Another suggestion is, if
there are nine board members, there could be seven as vendors and two County
representatives for one year, in the hopes that the board could be more solidified and the
County representatives could then move off.
Fletcher Barber said that in all of his years working in Cooperative Extension, this is the
first time he has faced a situation such as this. He hopes to have unity in the community and
not discord. He would like to recommend having one farmers market.
Chair Carey said that he hopes that there is harmony too, but there should be a
contingency plan.
Commissioner Foushee said that she could see the possibility of there being mare than
two groups. She said that it would seem that the Board of Directors would be decided before
they accept any applications, since the board would make decisions on the vendors.
Commissioner Jacobs said that part of the mediation is to figure out who should be at
the table. He suggested letting the process run its course and see what happens. Regarding
the issue of who is on the Board of Directors, he suggested reserving a couple of places for
public members. Mayor Stevens volunteered to participate as a customer.
Commissioner Jacobs made reference to the selection of vendors, the first bullet, and
asked why it said to give preference to "local farmers" and not "Orange County farmers."
Fletcher Barber said that, in mast cases, other localities are saying 70 miles out, etc. At first,
Orange County's said 50 miles out. The intent was to get some diversity and not put a limitation
by just saying "Orange County". Commissioner Jacobs said that it is just a preference and not
exclusionary. He would like to give the preference to Orange County farmers. If there is a need
that is not being met by Orange County vendors, then vendors can come from elsewhere.
Chair Carey agreed and said that the comments imply that there may be several
different models for selecting who is going to run the facility. He wants it to be clear.
Chair Carey made reference to the first bullet and including artisans and bakers, if
allowed. He thinks that it would be a mistake not to include artisans and bakers. Also, the third
bullet says, "possibly arts and crafts and baked goods." He asked that this language be taken
out because he does not want to consider not allowing artisans and bakers. Also, when the
Public Market House is not being used far the farmers market, he would like it to be available for
other public uses. He wants to be clear about this.
Commissioner Gordon said that she agrees with Chair Corey's comments that the
rationale behind the market house is that it would be used by others when the farmers `s market
is not being held. She said that these are draft guidelines.
Chair Carey said that staff could take comments and came back to the Board with more
detail in a similar format.
Fletcher Barber said that bath groups have been asking if the mediation is to be done by
Andy Sachs or if the groups can recommend others.
Chair Carey said that the County has a lot of experience with Andy Sachs. It might
prolong the process if it were opened up for discussion.
Commissioner Jacobs suggested a second sentence on page 3: "This is a multi-use
facility that will have specific guidelines for use as a farmers market."
Chair Carey asked if the Board agreed with having the Dispute Settlement Center as the
mediator and all agreed.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
direct staff to share these draft guidelines with all the various interests, including the two groups
interested in maintaining the traditional Hillsborough farmers market in the new Public Market
House, to gain their insight and perspective; direct staff to extend in writing the County's offer to
assist with mediation of the differences between the various interests, with the County paying
50°1° of the costs for mediation for up to 10 hours of mediation preparation and actual meeting
time; and request that all mediation efforts be completed by the end of the 2007 calendar year
and that a set of final draft guidelines be brought back to the Board at the first regular Board
meeting on January 15, 2008 for additional review and approval; with the changes as stated
above -addition of second sentence on page 3 and elimination of the qualifying statements
about artisans and bakers.
VOTE: UNANIMOUS
c. Orange County Partnership for Young Children Garden Project Grant
The Board considered a grant from the Orange County Partnership for Young Children
for the N. C. Cooperative Extension to assist in developing community gardens for children and
families in Orange County and authorize the Chair to sign.
Executive Director of Orange County Partnership far Young Children Michelle Rivest
asked the Board for support of a contract between the organization and Cooperative Extension
to develop three community gardens in the Town of Carrboro. The Healthy Kids Campaign has
been launched to address the crisis of childhood obesity, and the organization is raising funds
to start new projects throughout the County. A grant was received from the Health and
Wellness Trust Fund to launch the Growing Healthy Kids project. The funding required
partnership with a municipality, which will be Carrboro. The three gardens will be at a public
park, Carrboro Elementary School, and a community church. The Partnership would like to
partner with Cooperative Extension for the project.
Commissioner Nelson commended the work the Partnership has done on this.
Commissioner Foushee asked what would happen to the gardens at the end of the
project period. Fletcher Barber said that Cooperative Extension already has an initiative called
Bountiful Harvest with community gardens, and these gardens would be included in that.
Commissioner Jacobs said that he and Commissioner Gordan have worked on the
master plan for New Hope Park, which encourages community gardens. He hopes that there
will be more opportunities for partnership to do more extensive community gardens.
Fletcher Barber recognized Mark Daniels, who is responsible far the garden at
Northside.
Geof Gledhill said that there are some technical issues associated with this contract, and
the final motion should include "subject to County Attorney's review."
A motion was made by Commissioner Gordan, seconded by Commissioner Nelson to
approve a grant from the Orange County Partnership for Young Children for the N. C.
Cooperative Extension to assist in developing community gardens for children and families in
Orange County and authorize the Chair to sign, subject to County Attorney's review.
VOTE: UNANIMOUS
d. West Ten Soccer Center PubliclPrivate Partnership
The Board discussed a proposal for sponsorship of the West Ten Soccer Center by
Sports Endeavors, Inc. and authorizing the staff to negotiate a proposed agreement.
Recreation and Parks Director Lori Taft said that staff has been working for over a year
on a partnership with a great member of the community and some assistance with this facility.
This has been discussed with Sports Endeavors, and there has been a firm offer of $150,000
gift, along with an additional $150,000 to be matched by other community sponsors, not the
County. The first $150,000 is with no strings attached, other than the name Eurosport Soccer
Center on a sign in the field far a period of five years. If the sign is renewed, it will be with right
of first refusal. The closest soccer complex that is similar is the SAS Soccer Park in Cary. SAS
has had naming rights and just renewed the contract for $150,000 a year. Most recently, the
soccer park has been working with WakeMed to also contribute $150,000 a year. She asked
far guidance on this contract.
Commissioner Nelson said that he has a philosophical and personal dislike for naming
publicly-owned facilities after corporations, and he will vote against this.
Commissioner Jacobs said that maybe the period should be shorter than five years. He
wants to make sure that the Board directs the Manager to have this be a responsibility of the
Economic Development Director or department to seek additional sponsorships. He
appreciates Commissioner Nelson's point, but he thinks that this was undertaken originally as
an act of generosity on the part of Sports Endeavors. He would like to honor this.
Commissioner Gordon said that she also feels same discomfort about granting naming
rights. In addition, $150,000 for five years is not enough for naming rights should the
Commissioners choose to grant them.
Lori Taft said that she had some concerns about this too and maybe they could move
more money forward in the first five years.
Chair Carey said that this is a new venture for Orange County government, but it does
not mean that it should not be done. He wants to consider it and negotiate a final agreement.
Commissioner Gordon suggested a shorter time period and asking for a larger
contribution upfront. She would like to see better terms if we are to go forward.
Commissioner Jacobs said that Sports Endeavors helped the County get a $50,000
soccer grant. This entity is very supportive and this is a friendly initiative.
Commissioner Nelson said that he has nothing against Sports Endeavors, but just a
philosophical stance.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve a proposal for sponsorship, incorporating the suggested changes, of the West Ten
Soccer Center by Sports Endeavors, Inc. and authorize the staff to negotiate a proposed
agreement, to be brought back far Commissioner approval.
VOTE: Ayes, 3; Nays, 2 (Commissioner Gordon and Commissioner Nelson)
e. 2008 Employee Health, Dental and Life Benefits Recommendation
The Board considered approving the 2008 Employee Health, Dental and Life Benefits
recommendation.
Human Resources Director Michael McGinnis made a PowerPoint presentation. He
introduced Benefits Manager Dianne Shepherd.
2008
Benefits Recommendation (6e)
Orange Board of County Commissioners
October 9, 2007
Major Challenges
Overall Challenges
Maintain Value of Benefit Plans
Health Care Plan
Maintain Advantages of Plan Designs
• Continue Two Plans w/Low Copays and Deductibles
• Continue Waiver of Doctor Copay far Wellness Visits
• Encourage Generic and Mail Order Medication
Improvement and Cost Controls
• Provide Additional Coverage Options
• Encourage Use of Preventive Care Services
• More Closely Monitor Disease Management Programs
• Review Development and Funding of a Wellness Plan
Review Process
^ Employee Relation Consortium (ERG)
^ County Management Team
^ Department Director's Team
NCACC Health Design Summary Recommended Plan {Option II}
In-Network HMO
• DoctorlSpec. Copays $15/$30
• Wellness/Preventive Doctor visits copay waived
• Rx Copays $51$95/$30, 3 month mail order$~3/$261$60
• ER Copay $950, Urgenf Care Copay $30
• Annual Deductible of $250 for Hospital, Surgery, Testing etc. (9001 coinsurance after
deductible is met)
In and Out-Network PPO
• Doctor/Spec. Copays $951$30
• WellnesslPreventive Doctor visits copay waived
• Rx Copays $51$951$30, 3 month mail order$931$26/$60
• ER Copay $950, Urgent Care Copay $30
• Annual Deductible of $250 for Hospital, Surgery, Testing etc. (90% coinsurance after
deductible is met)
Monthly Employee/County Contributions
Recommended Option 11 Plan {9.7% Increase}
Tafal Gounfy Employee
Gosf Cost Cosf
HMO Plan
Employee $445.06 $445.06 $0
*EmplayeelChild $623.06 $537.62 $85.44
Employee/Children $858.98 $660.3 $998.68
Employee/Spouse $938.66 $709.73 $236.93
Employee/Family $9,335.98 $907.92 $427.26
PPO Plan
Employee $522.08 $522.08 $0
{`EmployeelChild $730.90 $537.62 $193.28
Employee/Children $ 9, 007.54 $660.30 $347.24
Employee/Spouse $9, 909.52 $709.73 $399.79
Employee/Family $9,566.98 $907.92 $658.26
`New Dependent Coverage Option
Employee Monthly Premiums
2007
CIGNA HMD
Employee
_ $0
Employee/Child = NA
EmployeelChildren = $181.06
EmployeelSpouse = $215.94
Employee/Family = $389.41
CIGNA PPO
Employee = $0
EmployeelChild = NA
Employee/Children = $316.48
EmployeelSpouse = $364.36
EmployeelFamily = $599.95
2008
CIGNA HMO
Employee = $0
Employee/Child = $85.44
EmployeelChildren = $198.68
Employee/Spouse = $236.93
EmployeelFamily = $427.26
CIGNA PPO
Employee = $0
EmployeelChild = $193.28
EmployeelChildren = $347.24
EmployeelSpouse = $399.79
Employee/Family = $658.26
Dental Recommendation
Vendor Delta Dental
Type of Plan Self Insured
No Changes in Plan Design
2008 Monthly Premiums
Employee Only = $0
EmployeelChildren = $41.93
EmployeelSpouse = $35.17
Employee/Family = $60.07
Group Life Recommendation
Vendor MetLlfe
Type of Plan Tenn Llfe w/AD&D
^ Basic County Paid at Annual Salary up to $50,000
• MetLife Reduce Cost of Basic Life Coverage
• Employee Paid Supplemental Life Options
• All Dependents ($5, 000) ~ $1.86 per Month
• Additional Coverage up to $100, 000 (New Option)
Next Steps
Open Enrollment Schedule
• Letter to Employees/Retirees 10115!07
• Benefits Fair 10/18107
• Employee Presentations 1 011 9 - 1 0/29107
• Open Enrollment Period 10119 - 1112/07
Changes to Payroll 12/1/07
New Plan Effective Date 1/1/08
Commissioner Nelson said that the language for coverage says spouses and he asked if
this covers domestic partners, and Michael McGinnis said yes.
Commissioner Jacobs made reference to retirees and asked if they would be included in
employees and Michael McGinnis said yes. Commissioner Jacobs said that the cost of
providing health insurance to retirees is supposed to be tracked. He suggested separating it out
as a category. He suggested having this as a report next year and then coming back with a
decision item.
Commissioner Jacobs said that he read that larger corporations are hiring health
professionals instead of having same health insurance, and that this is something to consider.
Michael McGinnis said that is very popular in the private sector and in some public entities.
Durham County currently has a small clinic.
Chair Carey said that he raised this and asked the staff to come back with a report
before the previous Manager left, but did not get the report back. He said that this has been
proven to work. He said that he hoped Michael McGinnis would work with the Health
Department on this.
Commissioner Jacobs said that Kingsdown in Mebane has a wellness plan and a nurse
on site. He would like the motion to include the Manager to look into expanding its wellness
program.
Michael McGinnis said that staff is having these conversations now, and Laura
Blackmon called this evening about this type of situation in Pittsburgh where she is attending a
conference.
Chair Carey asked about the switch to Met Life and if there are any conditions. Michael
McGinnis said that generally in a contract with a vendor, the minimum time is one year with an
annual review.
Commissioner Gordon asked why Option II was recommended. She said that there is
not much difference in not changing the plan and Option II. Michael McGinnis said that anytime
you make a change in a co-pay, that is a service charge. A premium is something that just
occurs. A change in a co-pay affects the user's decision-making process as they use it. He
said that 40°~ of claims are in pharmacy and a lot of generics are being used. This option will
be a small change, and then there will be a full-blown evaluation of the benefits plan. He said
that he heard very strongly from the consortium, department directors, and management team
that clearly Option II was the choice.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve the 2008 Employee Health, Dental and Life Benefits recommendation, with the
additional stipulation that the Manager will investigate a wellness program far the County staff.
VOTE: UNANIMOUS
f. Zoning Ordinance Text and Map Amendments -Proposed Efland-Cheeks
Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the
Zoning Ordinance pertaining to Impervious Surface Ratio Regulations
The Board considered making text and map amendments to the Zoning Ordinance and
Zoning Atlas regarding a proposed new zoning overlay district - Efland-Cheeks Highway 70
Corridor Overlay District and considered amending impervious surface limits prescribed in
Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back Creek Protected
Watersheds.
Perdita Holtz summarized this item. The map on attachment 2, page 16 shows the area.
This action would allow non-residential uses of aloes-impact, small scale commercial and office
nature along certain sections of US 70. In response to some comments at the Quarterly Public
Hearing, Planning staff and the Attorney's Office made same minor revisions. One substantive
change was in regards to the use of chain-link fencing as a permitted fencing material for new
non-residential uses. All of the changes are on pages 6-12 of the agenda packet.
Lastly, part of the full proposal is to amend the impervious surface ratio restrictions to
allow up to a 40% impervious surface far non-residential uses in the ten-year transition area in
the Back and Upper Eno Watersheds. At the September Planning Board meeting, the Planning
Board made a recommendation for approval of the amendments, and the recommendation for
tonight is for the Board to adopt the zoning text and atlas amendments.
Commissioner Jacobs made reference to Planning Board comments and said that there
is merit to having a public information meeting. He is concerned that people in this community
do not know that this is happening. He suggested putting up flyers about a public information
meeting. Commissioner Gordon agreed.
Commissioner Gordon said that same people in the area considered for non-residential
are worried about the tax impact of the commercial development.
Perdita Holtz said that she was going to suggest something along the lines of an open
house because she thinks that some people are intimidated to talk in front of a group. She said
that the people most directly affected would be 207 property owners.
Commissioner Gordon suggested notifying the 207 property owners and also putting up
flyers for a public information meeting. The Board agreed that there should be a public
information meeting; therefore there was no motion for approval of the amendments.
,g_ Bid Award: Solid Waste Operations Center Construction
The Board considered awarding a bid to LeChase Construction Services, LLC, Durham,
NC in an amount not to exceed $2,168,090 for the construction of the Solid Waste Operations
Center on Eubanks Road, Chapel Hill and authorizing the County Manager to execute and
report to the Board change orders as may be required up to the amount of the project budget.
Purchasing and Central Services Director Pam Jones said that this bid award is for a
9,000-square foot building with offices for the Solid Waste staff, which will include a public
meeting room and will house 75 people. The low bidder is LeChase Construction Services in
Durham. There are sufficient funds to cover this bid. The building should be open in late
summer 2008.
Commissioner Jacobs said that he would like to see an amount go for public art created
with recycled or recovered materials. He made reference to a letter received from Hillsborough
Historical Museum and portraits related to history of Orange County that might fit in the new
courthouse expansion, library, or Heritage Center. He said that, while the County is building all
of these buildings, there should be some element to encourage the arts community in Orange
County to participate in the celebration of creating public spaces. He suggested ~/ of 1 °~ of the
cast of this building to go for public art to be directly related to recycled or reclaimed materials.
Commissioner Gordon suggested approving the Manager's recommendation as written
and then asking the Manager to come back with a report concerning how to accommodate the
art, since it is not certain how much the building will cost.
Commissioner Foushee agreed with Commissioner Gordon and said that there should
be something established first in a policy before moving forward.
Chair Carey said that he hears that the County Commissioners all support the concept of
public art, and there may be an opportunity to allocate some of the money on this particular
project far some art. However, there should first be a recommendation far a policy on including
art in any County facilities.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve awarding a bid to LeChase Construction Services, LLC, Durham, NC in an amount not
to exceed $2,168,090 for the construction of the Solid Waste Operations Center on Eubanks
Road, Chapel Hill and authorize the County Manager to execute and report to the Board change
orders as may be required up to the amount of the project budget. The Manager will come back
with recommendations on a policy that will be applied from this time forward for public art in
Orange County facilities.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
direct the Manager to develop a policy for including public art in new County facilities, including
the Solid Waste Operations Center.
VOTE: UNANIMOUS
h. Animal Services Facility: Construction Manager at Risk Pre-Construction
Services Approval
The Board considered approving Clancy & Theys Construction Company of Raleigh, NC
as the Construction Manager at Risk for the Animal Services Facility and authorizing a contract
in the amount of $30,000 for pre-construction services associated with the project and
authorizing the Chair to sign.
Pam Jones said that this is the pre-construction part of CM at Risk. The $30,000, if the
project did not move forward with Clancy & Theys, would go toward the time and effort put
forward up to the time that the guaranteed maximum price could not be met. If the guaranteed
price was arrived at, then the $30,000 would fold in to the guaranteed maximum price. She said
that this could not have been moved along as quickly as it has without the cooperation of many
people -Board of County Commissioners, and Chapel Hill Planning Department and Tawn
Council.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
approve Clancy & Theys Construction Company of Raleigh, NC as the Construction Manager at
Risk far the Animal Services Facility and authorize a contract in the amount of $30,000 for pre-
construction services associated with the project and authorizing the Chair to sign.
VOTE: UNANIMOUS
i. Resolution of Intent to Create a Local Revenue Options Education Advisory
Committee Including Committee Charge and Structure
The Board considered a resolution indicating the intent of the Board of County
Commissioners to create a Local Revenue Options Education Advisory Committee that will
develop and disseminate information to voters concerning the May 6, 2008 local revenue
options referendum and to consider a proposed charge to, and structure of that committee.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve a resolution indicating the intent of the Board of County Commissioners to create a
Local Revenue Options Education Advisory Committee that will develop and disseminate
information to voters concerning the May 6, 2008 local revenue options referendum; approve
the proposed Committee charge and structure; request that the Clerk to the Board begin
advertisement for citizens interested in serving on the Committee; and direct staff to determine a
funding source to cover the cost of the educational component of the May 6, 2008 Local
Revenue Options Referendum. The resolution is attached and is made part of these minutes.
VOTE: UNANIMOUS
7. Reports-NONE
8. Board Comments
Commissioner Nelson said that the County Commissioners would be getting from him an
email from citizens about zoning violations around Lake Orange. He would like for staff to
check into this.
Commissioner Nelson said that he was not aware that there was not an application in
hand regarding the tent revival at Fairview. He requested that this information be included
ahead of time in the future. He does not think that the item should have been brought forward
without an application.
Commissioner Gordon said that the Special Transit Advisory Commission has been
meeting to develop the transit element of the Long-Range Transportation Plan for presentation
to the two Metropolitan Planning Organizations. It will take the commission a little longer than
originally thought, but it is going in the right direction.
Commissioner Jacobs said that DOT made a presentation at TJCOG and he said that
North Carolina has now surpassed Texas as the state with the most roads in the United States.
He said that 60,000 of the 80,000 miles of roads in North Carolina are secondary roads, which
are county-maintained in most states.
Commissioner Jacobs attended a meeting of the four-county representatives for the
Value Added Ag Center and there was an interim report from the consultant. The final report
will come by the end of November and will propose some kind of management structure and
next steps. The possibility was raised of using the old Orange Enterprises building as a
possible site far the Value Added Processing Center. He said that the Alamance County
Commissioner and representatives were receptive to this suggestion.
Commissioner Jacobs attended the quarterly meeting of the Sportsplex Advisory
Committee and the contract is coming up for renewal. This will have to be negotiated by the
end of the year. He said that 75-80°~ of the people who use the Sportsplex are Orange County
residents, but the next agenda includes whether or not differential rates should be charged.
Commissioner Jacobs asked staff for a status report of discussions on a moratorium that
Carrboro has asked the County to impose.
Commissioner Jacobs said that there was an email letter today from Club Nova that
some of the funding standards for clubs are being changed again by the government and it will
cost Club Nova more money. He would like staff to look into this and give a report back to the
Board as to what is at issue and if there is any place to express the concerns.
Commissioner Jacobs said that there was a group that came in the spring asking the
Board to vote on Health as a Human Right and it was referred to the Board of Health. He asked
about the status of this because he cannot remember seeing this come back.
Commissioner Jacobs said that he noticed that there was a letter about expanding meal
offerings at the Seymour Center. He would like to suggest that there be a discussion of whether
JOCCA is using local foods or if it can use local foods.
Commissioner Jacobs made reference to Florence Soltys and said that there will be a
memorial service on November 11th at the Seymour Center.
Commissioner Foushee called attention to the letter from Senator Kinnaird regarding
employees wearing uniforms manufactured in sweatshops. She wants to ensure that the
County does not do business with these uniform manufacturers.
Chair Carey made reference to the green sheet, which is the summary of a meeting of
the Chair, Vice-Chair, and other members of the Greene Tract Ownership group. Nothing can
happen on this property until the landfill fund is repaid. He said that everyone agreed to begin
to plan to repay the money and put it on a timeframe so that other things can be done with the
property, especially affordable housing.
Commissioner Gordon said that she thought the percentages for payment were 43°I°
Orange County, 43% Chapel Hill, and 14% Carrboro. Chair Carey said that the percentages
were based more on the population at the time the land was purchased.
Finance Director Ken Chavious said that there is also an issue regarding the deed
transferring the 60 acres to the County. The County is responsible for payment of the 60 acres
by itself. The balance of the land is what the percentages are applied to.
Commissioner Gordon said that it would be helpful to break out the dollar amounts and
Ken Chavious said that he has that information and will send it to her.
Chair Carey said that he asked the Clerk to send to each County Commissioner the
proposed date selected for the Eno River Confluence meeting. The date is November 29t". He
said that this is not a meeting of the Board of County Commissioners, but the plan is to have it
on a date that all can attend.
9. County Manager's Report
Willie Best said that there is going to be an Economic Development Commission
presentation at the October 18t" meeting.
Environment and Resource Conservation Director Dave Stancil said that there had been
meetings in April and October 2006 on the Confluence of the Eno, and the idea was to have
another one. There are potential topics to discuss -drought, Eno Capacity Use Agreement,
land conservation work, transfer of development rights, Comprehensive Plan update, H2Orange
Committee, etc.
Commissioner Gordon said that having the discussion about the Eno and water issues is
a good idea but she would like more input from the Board as to potential topics, etc. She
suggested asking staff to propose agenda topics for all County Commissioners to review. She
would not be able to attend on November 29t"
Dave Stancil said that he would prepare a draft agenda and look at other dates.
10. Appointments-NONE
11. Closed Session-NONE
12. Information Items
• Proclamation of Stage I Water Shortage to OWASA Customers
13. Adjournment
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
adjourn the meeting at 10:35 p.m.
VOTE: UNANIMOUS
Moses Carey, Jr., Chair
Donna S. Baker, CMC
Clerk to the Board