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HomeMy WebLinkAboutMinutes - 20080306 APPROVED 613/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 6, 2008 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, March 6, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Mike Nelson COUNTY COMMISSIONERS 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 Chair Jacobs went through the items. There were some supplemental background materials related to item 6-b, Local Revenue Options Education Effort. There was a substitute for item 4-g, which was on blue paper. The pink sheets were two letters related to item 6-c. There was also a memorandum from Commissioner Gordon. Item 3-a was deferred. Commissioner Gordon had asked if item 10-f could be moved to item 6-b-1, which is an appointment to the Local Revenue Options Education Advisory Committee. The Board agreed. Chair Jacobs said that Board comments are limited to three minutes each, since they have not gotten to Board comments at all this year. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Mark Sullivan, Executive Director of the Mental Health Association in Orange County, said that he was here with other people wearing an orange ribbon, which signifies the concern about the state of the mental health system in Orange County. He read a prepared statement. "We are here tonight to implore you to make our community mental health substance abuse and developmental disability services the top priority. It's time to stop letting the State use our residents who experience mental health, substance abuse, and developmental disorders as guinea pigs and a failed public policy experiment. The role of government is to protect and empower its citizens. Our State government has failed us and now we look to you. In January, the main provider of mental health services, Caring Family Network, decided that they could no longer sustain service provision in our three-county area. The LME has been working tirelessly to address this crisis. Crisis and survival mode —two terms that we've heard way too frequently in the last two years. OPC is doing their best under difficult circumstances. They're committed, smart, and determined, but they're operating within a dysfunctional and failed framework. The new system here in Orange County is filled on a patchwork of non-profit and for-profit service providers. As we've just seen, private providers will be here only as long as it financially suits them. We've been hearing promises and reassurances since 2001. We've listened, we've talked, we've voiced our concerns, we've made predictions, we've hoped, we've objected, we've served on committees, we've attended hearings, we've made public comments, we've written letters to the Division of Mental Health and to our State representatives, we've sent emails, made more public comments, and written letters to the editor, we've gone to the media and shared our personal stories, we've listened to more promises and more reassurances. We are not reassured. We've listened to the legislature lament that the Governor and the Department will not cooperate. We've listened to the LME's lament that they have little control under the new system. We've listened to the Governor criticize the legislature, the LME's, and even the County. We've listened to everyone blame the providers and the providers blame just about everyone. We're not here to blame, to criticize, or to rue what was or what might have been. We are here as residents and as voters to implore the County to lead on this issue, to fulfill your duty of protection and empowerment. We've been failed by everyone else. We have no confidence that the State, the LME, or another private provider will meet our County's needs. We have a Governor with ten months left in office, a new Secretary of DHHS, and two of the people most directly responsible for this current debacle with their hands on the wheel. There are new committees and task forces, there will be more reports and recommendations, most of which will be ignored. Then there will be a new Governor and a new Secretary, who will convene more task forces and more committees, who will give us more recommendations and more reports. We cannot afford to wait. It's time to make Orange County a leader in the State. Secretary Benton has stated publicly that we need more public providers in the system. We have a world-class public provider here on our doorstep in UNC. They've expressed an interest in playing a larger role in our community's mental health. We have confidence in UNC and we want you to encourage and support their efforts. We want you to do more to ensure that excellent mental health, substance abuse, and developmental disability services are available to Orange County residents. We deserve no less. We are aware that Orange County already contributes more than most other counties do in the State, and there is no surplus money lying around, but there are assets, and there is money out there. Not if we sit on our hands and think of all the reasons why we can't or shouldn't. You have been elected because you are intelligent, creative, and compassionate leaders. You have not failed us, not yet. We're here to implore you to cease this opportunity to lead, protect, and empower. We know you can do it, and we're counting on you." Chair Jacobs said that the County Commissioners recognized right from the start that this was a disaster, and they have done many things to try and step into the breach within their means. He said that the County Commissioners would continue to try and do that. The County is still dealing with the consequences of the way in which the State has failed to maintain its responsibilities, especially in this area. He said that a lot of other County Commissioners have been sounding the alarm, and no one has paid any attention. Commissioner Nelson made reference to the potential partnerships and asked Mark Sullivan if he had a proposal. Mark Sullivan said that he does not have a proposal, but he knows that one has been submitted with the Human Services Advisory Committee. Robb English is Chair of the Recreation and Parks Advisory Council. He said that he was here to address Orange County's decision not to offer a summer day camp program this summer. He said that the County Commissioners have talked about having more transparency in decisions that are made, and the decision not to have summer day camp was not transparent. He said that this will have a direct impact on the kids of Orange County that attend that camp and also working parents of those kids. He said that this camp provides an affordable place for kids to learn many things and meet new people. The only comparable camp in this area is the Triangle SportsPlex, which charges $180 per week compared to $80 per week that Orange County has charged in the past. He said that this summer camp provided for over 125 families last summer. The Recreation and Parks Department provided scholarship assistance to over half of those families. He said that this camp program has been in existence since 1975 and has offered a meaningful and affordable program since that time. He asked the County Commissioners to authorize funding that would allow the Orange County Recreation and Parks Department to offer a summer day camp program this year, and to approve any requests for funding in fiscal year 2009 for that same program. Secondly, he asked that the County Commissioners look into how and why the decision was made not to have camp. Commissioner Carey asked about the lack of transparency and why the RPAC thinks that there was a lack of transparency. Robb English said that the RPAC stands united on this issue of asking the County to fund this summer day camp program. He said that it was told to the RPAC that there would not be a summer day camp and there were not any plausible explanations. He thinks that there should be public input about this issue before a decision is made. Chair Jacobs said that he spoke with Robb English and invited him to come and bring his concerns to the Board of County Commissioners. He also told him that the County Commissioners would refer this to the Manager, and she will come back to the Board with a recommendation. Robb English said that most programs start advertising about now, so the sooner the better. Commissioner Gordon said that the RPAC has been concerned about this for some time. Susan Dayton is with the Blue Ridge Environmental Defense League. She came to talk about the land application of sewage sludge. Each year, millions of gallons of sewage sludge are sprayed on thousands of acres in North Carolina. The City of Burlington sprayed sewage sludge from its two wastewater treatment plants in five counties —Orange, Alamance, Chatham, Caswell, and Randolph. In 2006, the City of Burlington sprayed close to 11 million gallons of sewage sludge on farmlands in Alamance County. Approximately 3,250,000 gallons were sprayed in Orange County. Sewage sludge is also referred to as biosolids. This was a term selected from over 250 names in a contest called "Change That Name". The idea was to make sewage sludge more acceptable to the public for use as a fertilizer on farmland. While sludge contains nutrients for crop growth — nitrogen and phosphorous — it contains so much more. Sewage treatment plants remove only a fraction of the thousands of chemicals and compounds destined for use as fertilizer. Some of the chemicals and compounds include endocrine disrupting compounds, fire retardants, PCBs, pathogens, dioxins, etc. Hundreds of people in the United States have experienced unexplained illnesses that they attribute to sewage sludge applications. Research has proven that many of these toxic compounds found in sewage sludge are detrimental. The Blue Ridge Environmental Defense League, the Haw River Assembly, Carolina Concerned Citizens, and the Chatham Board of Commissioners, as well as other concerned citizens from rural areas in each of the five counties being sprayed will be voicing concerns at this hearing. She read some recommendations from her handout, which she distributed. One recommendation is the requirement by the Department of Water Quality (DWQ) to require the City of Burlington to abide by the new 2T rules for sewage application. A second recommendation would be to provide written notice to property owners living next to fields getting sprayed with sludge. She asked that the Orange County Board of Commissioners consider submitting its own recommendations at this hearing. She presented her materials along with a map of the areas receiving sludge from the City of Burlington. Chair Jacobs said that he would try and get a copy of Chatham County's resolution. Geof Gledhill pointed out that the State will not let counties regulate biosolids. The County is preempted from doing this. It is a matter of convincing the State to change these regulations or to allow counties to regulate it. Susan Dayton agreed. Commissioner Gordon asked when the hearing was and Susan Dayton said that there is not a specific date yet. It will be at the end of April. One of the problems with the permitting process itself is that the City of Burlington has been operating on a permit that has been out of date for four years. Commissioner Gordon asked Susan Dayton to distribute her information to David Stancil of Environment and Resource Conservation as well as the Commission for the Environment. Charlene Lee said that she lives, works, and votes in Orange County. She has been mentally ill since she was a small child. Her father and grandfather both committed suicide, and she does not want to see anyone else die from suicide because of mental health issues. She said that she is a "consumer" of mental health services and she feels like sludge right now, and the State is treating her like she has no meaning. She has had a job for 18 months, and her employer hired her knowing that she has mental health issues. She is very grateful. She is high functioning and she went out and found another doctor. She said that she is a survivor but there are 1,500+ people in this County who are suffering because of the closing of the CFN center. She asked the County Commissioners to do whatever they can do to help this situation. Steve Peck is a member of the RPAC and he said that this committee was universal in their disappointment with the ending of their summer camps. He urged the County Commissioners to reinstate funding. He said that this program does not cost the County a lot of money, but it benefits many children. Commissioner Foushee arrived at 8:10 pm.. Karen Dunn is the Director of Club Nova and she is extremely concerned that the Governor is going to ask the General Assembly to give back more power to the Secretary of DHHS. She has read that the Secretary of DHHS would appoint the local LME boards. She said that she could foresee this and there is almost no safety net here. She said that they are stretched to their limit as a staff but the consumers are even more so. She said that she would not like to have to keep coming back to the County for funds. Chair Jacobs said that the County has tried to step up and the County Commissioners do not want to see people left behind, and they will try and be more creative. Karen Dunn said that one solution is for the General Assembly to enact legislation that guarantees that people living with mental illness and other disabilities have a basic human right to rehabilitation and psychiatric services that they need and deserve. She said that civil rights are being grossly violated in this State. Commissioner Carey said that even more frightening is that the Governor is asking for the State to have the authority to appoint private providers, specific providers of services, and cut the local LMEs out of the process. This is disturbing. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Resolution to Name the New Central Orange Senior Center for Mariah Ann McPherson The Board was to consider a resolution to name the new Central Orange Senior Center for Mariah Ann McPherson. DEFERRED b. North Carolina Governor's Awards and Orange County Key Volunteer Recognition The Board considered recognizing the North Carolina Governor's Award 1 Key Volunteers. Chair Jacobs read the information on each person. Key Volunteers Hillary Cooper Orange County Animal Hillary has faithfully volunteered at Services the Animal Shelter for 2 % years while attending UNC and was one of the first volunteers to do community outreach at the shelter. She is dedicated to this organization and is truly a role model for other young adults in college today. John and Marie Helton Orange County Animal John and Marie work as a team in Services their dedication to improve the lives of people and pets. They are invaluable in assisting in the temperament testing of animals and assisting with photographing of the animals for the shelter in order for the public to see them. Barbara Long Orange County Animal Barbara has been volunteering since Services 2004 at the shelter and is the volunteer Animal Behaviorist at the shelter. She believes that animals are an important part of our lives and can be our wonderful friends, too. Angela Moore Orange County Disability Ms. Moore has been the Newsletter Awareness Council Coordinator for DAC (Disability Awareness Council) and has served on their board. She is a role model for other persons with disabilities who struggle for inclusion and independence. Kaili Mumme Orange County Animal Kailie has volunteered at the shelter Services for 2 years, while attending college; her primary role at the shelter has been in educational presentations to the local public schools - to encourage volunteerism at the shelter and community involvement. John Sehon Orange County Habitat for John joined the Habitat Board in Humanity 2001 and has faithfully served as a volunteer both on the board and "with a hammer" ever since, accepting challenges and providing exemplary volunteer service. Christine Tashjian Orange County Rape Crisis Christine implemented Horticultural Center Therapy into the Center's support group and co-facilitated the group using horticultural therapy and nature as a healing tool. She is an outstanding volunteer for the Center 2007 N.C. GOVERNOR'S AWARD FOR OUTSTANDING VOLUNTEER SERVICE The five North Carolina Award winners are: Carol Gunn Orange County Animal Carol has volunteered at the shelter Services for over 3 years and is dedicated to walking the shelter's dogs, no matter what. She has a heart of gold and is not only dedicated to the shelter pets, but is supportive of all of the employees as well. JoAnn Pitz Duke Hospice JoAnn has been a Duke Hospice volunteer since 2003 and has consistently and faithfully served her patients, especially with the volunteer activity audits. She is truly a woman of intelligence, strength and heart. John Mathivet Orange County. Habitat for John has volunteered diligently for Humanity the past 2 years with Habitat and his attention to detail with the homes and his desire to produce a quality home has not gone unnoticed, by both staff and new homeowners. He does a great job! Berneta Lemon Orange County Disability Since 1983, Ms. Lemon has used Awareness Council her singing and musical talent to reach out to the disabled community. She is accomplished in many areas, despite many obstacles. Her music touches lives, both emotionally and spiritually. Ana Prothro (TOP WINNER Duke Hospice Ana is truly an advocate for her - Medallion Winner) hospice patients and is committed to providing that extra bit of caring that makes such a difference in her patients lives. She is a committed volunteer and she brings that commitment to those in need including the Latino community. c. Final Report Human Services Issues Forum 2007 — "Domestic Violence Hurts the Whole Community" The Board received the Final Report on the proceedings of the Human Services Issues Forum held on September 12, 2007 by the Human Services Advisory Commission (HSAC). Assistant County Manager Gwen Harvey introduced Emily Adams, Chair of the Human Services Advisory Commission. Emily Adams said that the report is in each agenda packet. She thanked all of the Commissioners that were able to join the forum — Chair Jacobs, Commissioner Carey, Commissioner Foushee, and Commissioner Gordon. She recognized her planning committee. She said that Judge Beverly Scarlett attended and spoke. There were also panel discussions with survivors and practitioners. She said that the call to action from this event has been heard and the Commission for Women is continuing on in this work. There will be an event this Saturday on domestic violence at the United Church of Chapel Hill. Chair Jacobs thanked her and the others that participated and said that he hopes that some progress can be made in dealing with this issue. 4. Consent Agenda A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for January 29, (5:30 p.m. and 7:30 p.m.) and February 7, 2008 as submitted by the Clerk to the Board. b. Appointments — None c. Comprehensive Plan Update —Staff/Consultant Report This item was removed and placed at the end of the consent agenda for separate consideration. d. Renewal Agreement Between Chapel Hill Training and Outreach, Inc. and Health Department for Social Worker II The Board approved an agreement renewal between Chapel Hill Training Outreach Inc. and the Health Department for the support of a Social Worker II position for the Early Head Start Program and authorized the Chair to sign subject to final review by the County Attorney. e. Agreement with Trans-Verse Inc. for Public Health Emergency Preparedness Activities The Board approved an agreement with Trans-Verse, Inc. for Public health emergency preparedness activities and authorized the Chair to sign. f. Restaurant Inspection Field Software The Board approved the purchase agreement between Central Data Processing, Inc. and the Health Department for software for the food and lodging program and authorized the Chair to sign the agreement subject to final review and approval of the County Attorney. g_ Changes to Orange County Organizational Structure This item was removed and placed at the end of the consent agenda for separate consideration. h. Ratify the Submission of Joint Application for Funding an Experimental Chapel HilllCarrboro Cross Town Senior Shuttle The Board ratified staffs submission of a joint funding application for a Chapel Hill/ Carrboro Cross Town Senior Shuttle in cooperation with the Chapel Hill Transit and Orange Public Transportation. i. Dedication of Water and Sewer Utilities Serving the Seymour Center to OWASA The Board approved a dedication of water and sewer lines built to service the Seymour Senior Center to the Orange Water and Sewer Authority (OWASA), and authorized the Chair to sign. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Comprehensive Plan Update —Staff/Consultant Report The Board received a report on the status of the Comprehensive Plan Update. Commissioner Gordon wanted to highlight this item and find out the deadlines, etc. Comprehensive Planning Supervisor Tom Altieri said that the first draft of the Comprehensive Plan has been completed and it is being circulated to advisory boards. The consultant will be meeting with advisory boards during the remainder of the month to briefly go over the report and remind them of the schedule, which is to review the draft plan independently, collect consensus comments, and forward them through staff back to the consultant by April 14th. The draft will be posted on the County's website tomorrow. Roger Waldon (consultant) said that the project is on schedule and they are entering a period for opinion and suggestions. The report was received by the Board. Changes to Orange County Organizational Structure The Board considered approving the County Manager's recommendations regarding changes to Orange County Government's organizational structure andlor department titles. Commissioner Gordon made reference to the blue sheets at their places. She asked if the departments had been apprised of this. Laura Blackmon said yes. She said that the EMS title was changed last year informally and they wanted to formally change it. There are three finalists for Director and the staff will meet with them on the 14th. Regarding the Recreation and Parks department, this went to the RPAC meeting last week and it voted in favor of changing the name. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the County Manager's recommendations regarding changes to Orange County Government's organizational structure and/or department titles as follows: 1. Merge the Finance, Purchasing, and Budget functions into a combined department with the new title of Financial Services Department; 2. Merge the Land Records/GlS Department with the Tax Assessor Department with the title of the merged department being the Tax Assessor Department; 3. Change the title of the Department of Human Rights and Relations to the Human Rights and Relations Office; 4. Change the title of Information Services to Information Technologies; 5. Change the title of the Personnel Department to Human Resources Department; 6. Change the title of Emergency Management Department to Emergency Services Department; and 7. Change the title of the Recreation and Parks Department to Parks and Recreation Department. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Potential Uses of Land Transfer Tax Proceeds The Board considered options for the use of proceeds from a .4% land transfer tax, if approved by voters on the May 6, 2008 ballot, and subsequently implemented by the Orange County Board of Commissioners. Chair Jacobs said that this is an outgrowth of two previous discussions the Board of County Commissioners had regarding the statement of intent for the proceeds. Laura Blackmon said that the next two items deal with the local revenue options. The first one has to do with the statement of intent regarding the use of those proceeds, should it be approved on May 6th. The second item is the educational effort. The Board needs to approve tonight the statement of intent. Rod Visser said that he is project manager for this undertaking, and this statement is a synthesis of the Board of County Commissioners' comments. The resolution attempts to put the statement of intent into a resolution form. Rod Visser read the draft statement of intent. Commissioner Gordon made reference to the resolution and suggested rephrasing the second and third "Whereas" statements to "it is important to provide Orange County with alternatives to the pressure to raise property taxes to address those, and other, County needs; and Whereas, revenue from the land transfer tax alternative made available to counties by the General Assembly during the 2007 Session provides an opportunity to gain a new revenue source." She suggested striking the fifth "whereas." Also, she suggested combining the sixth, seventh, and eighth "whereas" statements. The sixth "whereas" would state, "Whereas, the Commissioners will follow guidelines to wisely allocate the proceeds, including:", then the three statements would be listed as `a', `b', and 'c'. She said that there are too many"whereas" statements. Commissioner Carey said that the intent is fine and it does not change the substance, but Commissioner Gordon should write it out and bring it back. Chair Jacobs said that one element he does not see is that the thrust of this relates to the pressures caused by growth, and the County is compelled to provide facilities due to pressures of residential growth. There is no statement about this in the statement of intent. He said that it is basically a growth tax, and it is not adequately captured. Commissioner Foushee suggested that this same thing be captured in the resolution. Commissioner Nelson said that the changes are fine with him since the resolution is the basis for the educational materials, but he does not want this document sent out to the public. The public needs something simple that is clear and concise. Commissioner Carey suggested bringing the resolution back when it is more clear and approving the statement of intent. Commissioner Gordon wants to amend the statement about "relief' before she approves the statement of intent. Chair Jacobs said that adding the issue about growth makes it understandable. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the Statement of Intent, with the addition of the statement about the pressures of growth necessitating increased local funding to provide adequate facilities. Commissioner Gordon said that, instead of saying "some relief", she would like it to say "some assistance with respect to the pressure" and in the next bullet, "gain some measure of that assistance." Commissioner Carey said that he does not agree with this change. VOTE: Ayes, 4; No, 1(Commissioner Gordon) Chair Jacobs said that he has had some requests from the public about why the Board of County Commissioners chose this course. He suggested making the statement of intent available to the public. Commissioner Nelson said to get a better document. Commissioner Gordon asked permission to make the previous motion unanimous. Reconsideration of the motion: A motion was made by Commissioner Carey, seconded by Commissioner Nelson to reconsider the previous motion. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the Statement of Intent, as amended above. VOTE: UNANIMOUS Laura Blackmon asked when the resolution would be brought back and Commissioner Carey said to bring it back as soon as possible, even if it is a work session. b. Local Revenue Options Education Effort The Board discussed alternative approaches, and prospective budgets for those alternatives, regarding the County's planned effort to educate voters about the purposes for and implications of the land transfer tax measure that the Orange County Commissioners have placed on the May 6, 2008 ballot. Laura Blackmon said that the supplemental information was emailed to the Board and there are hard copies as well. The supplemental information includes advertising rates for Time Warner and WRAL as well as comments from the educational committee, and alternative approaches for funding. Commissioner Carey made reference to Options A-D and asked if only one of these options include employing a multi-media consultant to assist with the educational campaign. Rod Visser said that there are two different levels of media consulting that was contemplated. Option A is a budget of$15,000 and represents the typical education effort that has been done for bonds, etc. The County has used media consultants on a limited basis in the past, but it has been to help put together a public service announcement or the like. Option D has a suggested budget of$100,000 that contemplates a media consultant and would go beyond what has been done in the past. Commissioner Nelson said that he sent an email out this afternoon to all about this and the crux of what he is suggesting is that there is a short timeframe to communicate to the public in Orange County and it is a complex issue. The methods of the past, presentations to small groups, etc., is not going to be effective. He recommends stepping forward to develop an effective message and then get it to the public. He would like to follow Option D. This would mean authorizing staff to develop an RFP and get it out tomorrow and to get it back to staff by March 17th for the Board on March 18th. If this is not determined by March 18th, then the May 6th deadline will not be met. Commissioner Foushee asked Rod Visser how much it would cost to hire a consultant. Rod Visser said that he does not know what a consultant would propose that the County spend the money on specifically. This is part of why he would want to hire a consultant, to come back with a proposal of allocations. Laura Blackmon said that if they did an RFP, the amount would be included in there and the consultant would propose what could be done with the money. Commissioner Foushee said that she is not concerned about the program but how much to pay for a consultant over and above. Laura Blackmon said that it would be inclusive. Commissioner Gordon agreed with Commissioner Nelson and said that $100,000 should be sufficient to get the word out. Commissioner Carey said that it is the Board of County Commissioners' responsibility to educate the public, and you have to spend money to do that. Chair Jacobs thanked the staff and committee for all of the work that has been done. However, he cannot support spending $100,000. He would support an RFP for this with the option of three sums of money and see what comes back. He would rather see the Board solicit what people can accomplish for x, y, and z amounts and have it come back. If it seems that the only alternative is to spend $100,000, then he will have to make that decision. Commissioner Nelson said that there are people in the community who want to do an advocacy campaign, but they are having a hard time raising money because it is hard to argue that this has a credible chance of victory given the short timeline. The only chance of an advocacy campaign being successful is for it to be clear that the County Commissioners are going to do their part in educating. He agrees that $100,000 is a lot, but he is willing to phrase an RFP in a way that does not invite someone to spend a lot of money. The reality is that it costs a lot of money to send out information. He is willing to try and frame a motion to address Chair Jacobs' concerns. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to authorize staff to issue an RFP for an educational campaign, up to but not more than $100,000. Commissioner Carey said that he could see two levels for an RFP - $75,000 and $100,000. He offered this as an amendment to the motion. Commissioner Nelson and Commissioner Gordon agreed. VOTE: Ayes, 4; No, 1 (Chair Jacobs) This RFP will come back on March 18th 10-f. Local Revenue Options Education Advisory Committee The Board considered making appointments to the Local Revenue Options Education Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint Jason Baker as a representative from the UNC Student Body and Barry Katz to an At- Large position on the Local Revenue Options Education Advisory Committee. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Foushee to appoint Jon DeHart to an At-Large position on the Local Revenue Options Education Advisory Committee. VOTE: UNANIMOUS c. DSS/Health Department Space Options The Board considered approving an option to address long-term space needs in Central/Northern Orange County for the Department of Social Services (DSS) and Health Department. Laura Blackmon said that in previous meetings they have brought forth options for long- term space needs for the Department of Social Services and the Health Department. She made reference to the spreadsheet in the packet that details the options, as shown below: Option A: Lease/purchase the space previously occupied by Wal-Mart at the Hillsborough Commons shopping center for use by DSS immediately; No later than February 2012 the County could purchase the entire shopping center for relocation of human services departments currently located at the Whitted Building in Hillsborough. Note the $35.501S.F. upfit costs used as the basis of evaluation are consistent with those recently experienced with the Gateway Center upfit. Note that upfit costs do not include furnishings. If the County commits to a lease/purchase of the shopping center, the owner would allow the construction of the proposed sustainable design elements, such as parking lot improvements and the addition of natural daylighting to the building. These amounts are cited separately in the cost analysis and are not included in the $35.501S.F. upfit costs. The County will upfit the space for use by the Health Department after 2012 when shopping center is purchased. A separate line item cost is included for that work. Option A also adds approximately 15,000 square feet at the SHSC to meet the needs of the Health Department, including the dental clinic and other departments that currently occupy that facility. The Board may recall the Space Needs Study suggested an addition to SHSC of approximately 25,000 s.f. The purchase of the shopping center will allow the addition to be reduced while still meeting the long-term needs of the departments. Option B: Construct a new facility of approximately 50,000 square feet at the existing Southern Human Services Center (SHSC) site in Chapel Hill for DSS; and Remodel the space vacated by DSS at SHSC for use by Health Department Renovate approximately 30,000 square feet of the 59,000 square feet in Whitted Building for Health Department operations. Option C (added at January 16, 2008 work session): Add approximately 25,000 square feet to existing SHSC building for use in approximately 3 % to 4 years; Construct 50,000 square foot facility for DSS around 2017. Although not specifically included in option C as presented at the work session, the County would also need to renovate approximately 30,000 square feet of the 59,000 square feet in Whitted Building for Health Department operations in order to provide adequate program space for the Department. Option D (added at February 7, 2008 work session): Lease 56,000 square feet at Hillsborough Commons for a period of ten years. Current lease costs are based on a lease period of 10 years to allow amortization of some upfit costs by the Landlord. While a lease period of less than 10 years may be possible, it has not been negotiated as such and the lease rate would be increased to reflect the shorter lease period. o As a condition of the lease, the Landlord would likely require the County to return the building to retail status at expiration. Creating the natural light in the facility would entail structural work (windows, for example), which would be expensive to replace to the original condition. Renovate approximately 30,000 square feet of the 59,000 square feet in Whitted Building for Health Department operations; Add approximately 25,000 square feet at SHSC in order to allow the following allocation of space: o DSS retains existing space at SHSC (10,000 sf) o SHSC addition for Health (about 25,000 sf) o Includes 10,000 S.F. still retained by DSS plus the 8,000 space deficit cited by Health making a total of 18,000 additional S.F. for Health - No space for DSS after the 10-year lease period (2018) is specified in this option. Presumably the lease would be renewed or new space would be constructed. If the Board opted to renew the lease, the Landlord has previously quoted a cost of$729,456 ($364,728 w/State reimbursement) per year for years 11-15. If the Board opted to construct a new 50,000 square foot facility to replace the leased premises, the cost estimates would be commensurate with the 2017 development cost cited in Option C. Staff is recommending Option A, which includes the lease/purchase of the old Wal-Mart facility. The County would negotiate to lease the facility immediately, with an option to purchase the facility in 2012. Option A also includes a 15,000 square foot addition at the Southern Human Services Center. PUBLIC COMMENT: Joe Robbins, Chair of the Social Services Board, asked the Board to move with appropriate haste on this issue. He read the letter from him to the Board dated February 18, 2008, shown below: Dear Commissioner Jacobs: Our Board has continued to follow the discussion about space alternatives for human services by the Board of County Commissioners. After reviewing all the options being discussed by the Commissioners we would like to reiterate our support of Option A, the lease-purchase and complete renovation of the former Wal-Mart site in Hillsborough. We have reviewed the additional Option D and have the following concerns about this option: This option appears to have no plan beyond the period of the lease. Since none of the lease payments would be applied to purchase of the building, it would appear that Social Services would not have space at the end of the lease period. No other funds are identified to pay for DSS space after that time. It is our understanding that under the lease agreement the landlord would only allow the most basic upfit of the building. We believe that Department of Social Services requires additional renovation including sustainability and design features. We strongly believe that once we are relocated, that this will be the service delivery site for us in northern Orange County for the foreseeable future. Given those assumptions, it is critical that the space be initially deisgned and renovated appropriately. Overall we still believe that relocating our agency to this site with appropriate design features is a good long-term solution for our agency and we encourage the Board of County Commissioners to move forward with Option A. The location is easily accessible to our clients, has adequate parking and will alow for persons with disabilities to enter the building easily. We need to satisfy the state's Division of Social Services and correct an untenable employee and client situation. We understand that there are some concerns about our agency providing sufficient services to persons in the southern part of the county. Please be assured that our board has discussed this issue. Staff will send a description of the services that would be provided in that site and the space requirements that we have identified. We appreciate the time that you and county staff have committed to finding an appropriate solution and look forward to working with you as this project moves forward. Sincerely, Joseph C. Robbins, Chair Orange County Board of Social Services Commissioner Gordon said that she has consulted with the Manager to come up with something that will provide a win-win situation. Her memo is shown below: MEMORANDUM To: BOCC and Manager From: Alice Gordon Subject: Agenda Item 6-c, DSS/ Health Department Space Options Date: March 6, 2008 On our agenda tonight we have options to meet space needs for the Department of Social Services (DSS) and the Health Department, but only for the stated purpose of addressing long- term space needs in Central/ Northern Orange. I believe we need to address the long-term human services space needs in Southern Orange at the same time in one plan. I appreciate the work the manager and staff have done to provide us with the information essential for our decision. Based on the information they have provided in the agenda packet, I have the following recommendation, and thank the Board for considering it. RECOMMENDATION To address long-term human services space needs in both Central/North Orange and Southern Orange in a comprehensive way, the Board of County Commissioners will adopt the following actions: 1. State the Board's intent to implement Option A for meeting DSSI Health Department needs, with the following provisions: a. Specify that the County will build the 15,000 square foot addition to the Southern Human Services Center (SHSC) in FY 2011-12. This action will save about $105,000 per year in lease payments for the Dental Clinic and other space at Carr Mill Mall. b. Clarify that DSS will retain its current space at SHSC (already included but not explicitly stated in Option A). 2. Direct the staff to bring back to the Board both the funding plan for the revised Option A and also the changes in the CIP that will be needed to account for the additional costs proposed. ADDITIONAL POINTS 1. When the funding plan is brought back to the Board, I think the staff should provide the rationale for the purchase price of the shopping center, and for the terms of the lease. The only independent information I have for the value of the shopping center is its Orange County assessed valuation of$6,562,050 whereas the purchase price is much greater. Was an appraisal done to determine fair market value? Have we factored in the loss of tax revenue to Hillsborough and Orange County? 2. I also think we need to discuss the future of the Whitted Building. Since implementation of Option A, in conjunction with the building of the county campus in downtown Hillsborough, will vacate most of the space in the Whitted Building, I believe we need to direct the staff to bring back as a work session agenda topic in the near future the possibility of the county's divesting itself of the Whitted Building. Commissioner Gordon said that she was sorry that the space study did not address the human services space needs, because if it had, we would have addressed their space needs in a more timely manner. Laura Blackmon said that the difference between her recommendation and Commissioner Gordon's is that she had asked the Board to direct staff to begin to negotiate the leaselpurchase agreement, and Commissioner Gordon wants to wait until the staff has come back with the financing. Chair Jacobs asked for clarification on what the staff means, under Southern Human Services Center, where it says that they will build "at some point in the future." Laura Blackmon said that staff did not have a specific time period for constructing the additional 15,000 square feet. Purchasing and Central Services Director Pam Jones said that the space study had them split up in two-year increments for five years. It could be 2011-2013 or 2013-2015. She is not optimistic that it could be brought in within three years. Laura Blackmon said that the problem with this short timeframe is being able to pay for it and the amount of projects that the County is currently working on. Chair Jacobs made reference to Commissioner Gordon's request and said that he thought that the point of addressing this tonight was so that when the staff came back with the proposed CIP that it could be incorporated. He sees that Commissioner Gordon was asking how this affects other projects and spending. Presumably, it could be determined which year, at some point in the future, it could get into the CIP. Laura Blackmon said that it is difficult to know what figures to put in the CIP until the Board decides which option. Commissioner Nelson said that he is ready to go ahead with Option A. His last remaining concern only has to do with the money. With regard to the 15,000 square feet, it would be helpful to get that in the CIP soon. With regard to the Whitted Center, he would like to start looking at selling some of these properties that the County owns. Commissioner Carey seconded what Commissioner Nelson said that the Board needs to move forward with leaselpurchase. The additional 15,000 square feet is questionable until the staff decides when it is needed, and when the County can afford it. He would not want to promise 2011-12 in a motion at this point. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to authorize the staff and County Attorney to negotiate the most favorable lease/purchase arrangement possible for the Hillsborough Commons shopping center and as quickly as practicable present the lease for Board approval, with an appropriate funding plan and contingent upon LGC approval; and exempt this project from the qualification-based selection process as allowed by NCGS 143-64.32 and authorize the Manager to retain professional services as may be needed to develop a program and construction drawings for the leased premises. Commissioner Gordon made a friendly amendment to incorporate the additional 15,000 square feet constructed at the Southern Human Services Center, by 2011-2012 if possible. Commissioner Foushee seconded this amendment. VOTE: UNANIMOUS 7. Reports a. Solid Waste Planning Work Group — Recyclables Processing Recommendation The Board received a recommendation by the Solid Waste Planning Work Group from its November 28, 2007 meeting regarding recyclables processing and provided guidance to staff as necessary. Solid Waste Director Gayle Wilson introduced Blair Pollack of Solid Waste staff. Blair Pollack said that he just found out that Orange County achieved almost 48% waste reduction for 2006-07. This is the best waste reduction rate ever for Orange County and goes against the trend of North Carolina. There is a request from the work group to make the operations for collecting recyclables more efficient than they currently are, by moving to a two- sort processing. This would allow the recycling program to be expanded. He made reference to the report from the consultant that suggests that the County add a push wall, modify the existing coverall structure at the landfill, and expand some of the paved area and move towards a more efficient collection program. Staff is asking the Board to approve in concept the notion of switching from source-separate recycling to co-mingling recycling for all of the programs, to allow the staff to create some educational materials for the public and to bars and restaurants to inform them about that, and to bring the Board a more refined cost proposal. Chair Jacobs asked if the same materials would be taken out of the waste stream or are they expanding and Blair Pollack said that they would be the same for now, but the more efficient collections would enable the County to look at a broader range of materials without having to expand current staff. Chair Jacobs said to include in the motion to direct staff to look at additional items to be taken out of the waste stream. Gayle Wilson said that when the staff comes back, they would like to discuss at that time the possibility of cardboard curbside, residential curbside, and the possibility of considering a ban on CRT's and televisions and monitors. They would also like to do some more research on rigid plastics at drop-off sites. Commissioner Gordon asked for an elaboration on the statement, "a full service, in- county Materials Recycling Facilities is not necessary at this time." Blair Pollack said that the short-term solution enables them to test the markets and whether the private markets can handle all of the materials that will be brought forward. In a few years, he thinks that there will have to be a larger transfer facility for recyclables. In 3-5 years, this is a reasonable timeframe to see whether it would be more economical for the County to build its own facility. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to receive the recommendation of the Solid Waste Plan Work Group; direct the Manager to return at a March/April meeting with more detailed cost analysis and implementation recommendation consistent with Work Group recommendation; to incorporate recommendations regarding preserving landfill space; and direct staff to further investigate and report on the feasibility of cardboard curbside collection, banning CRTs, and recycling of rigid plastics. VOTE: UNANIMOUS 8. Board Comments (Three-Minute Limit Per Commissioner) Commissioner Carey— none. Commissioner Nelson said that one way that time could be saved at meetings is with reports. At several recent meetings there have been reports where people read reports to the Board, and he could have read them himself. He is not against the work that these groups do, but in order to save time, these reports could be read by each Commissioner. Tonight, the Board did not get to core agenda until 8:30 p.m., and it is like this every meeting. Another thing is that the Board has had a public hearing on an item and then it comes back for the Board to discuss and it ends up being a second public hearing. This happened with the local revenue option issue. He thinks that it is important for the County Commissioners to have time to discuss these issues amongst themselves. Commissioner Foushee echoed Chair Nelson's comments regarding the reports. She said that she attended the NACo conference in D.C. She got some information about affordable housing, and the National Association of Realtors provides education for communities for free, and Orange County does not tap into that. She will be bringing back this information to the Affordable Housing Advisory Board. Commissioner Gordon said that the Special Transit Advisory Commission (STAC) is scheduled to meet one more time. The STAC will be presenting a new vision for public transit. It appears that the STAC's recommendations will include a % cent sales tax for transit funding. With respect to the details for the regional transit vision, we will need to wait for the final report. Commissioner Gordon said that the DCHC-MPO Transportation Advisory Committee in recent meetings has emphasized bicycle/pedestrian projects being included as part of their multi-model transportation planning. Commissioner Gordon noted that TTA is completing a re- branding effort. Also, new buses that have been ordered will be arriving the middle of March for use in Raleigh, Durham and Chapel Hill. Chair Jacobs said that he will represent the Board of County Commissioners at the Board orientation for candidates next week. He said that he represented the County at an 11— county soil and water conservation regional meeting. The Lands Legacy Program and other conservation programs that Orange County does were discussed. 9. County Manager's Report Laura Blackmon said that the elevator at Whitted is back in service. The Emergency Services interviews are next week with the three finalists. There will also be a meeting with staff and the Fire Chief's Council. Regarding the last Manager's Memo, there was a recommendation from the Parks Department about a $3 parking fee for the Cool Jazz Festival, and she asked the Board to let her know if this is an issue. Chair Jacobs asked why there was a fee and Laura Blackmon said that last year there were so many attendees that there was some difficulty with parking. The school parking lot will be used, and there will be shuttles. The $3 will be to cover all of the parking associated costs. She said that Fletcher Barber and Noah Rannells made a grant presentation today to the ADFP Trust Fund for the value-added processing center. The Farmer's Market opened March 1st, and there were seven vendors and about 90 shoppers. She thanked the Sheriff, Public Works, the construction company, and the Market Manager, Robin Mulkey. 10. Appointments a. Adult Care Home Community Advisory Committee — New Appointment The Board considered making a new appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to appoint Anita Thompson to the Adult Care Home community Advisory Committee, where she will be serving a one-year training term that will end on 212812009. VOTE: UNANIMOUS b. Agricultural Preservation Board — New Appointment The Board considered making a new appointment to the Agricultural Preservation Board. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to appoint Howard McAdams to the Agricultural Preservation Board, where he will be serving a partial term ending 613012009. VOTE: UNANIMOUS c. Orange County Planning Board — New Appointment The Board considered making one new appointment to the Orange County Planning Board. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to appoint Dr. Larry Wright to the Orange County Planning Board, where he will be serving a full term ending 313112010. A motion was made by Chair Jacobs to appoint Terri Buckner to the Planning Board. There was no second. Motion failed. VOTE: UNANIMOUS d. Commission For Women — New Appointments The Board considered making new appointments to the Commission for Women. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to appoint Barbara Prear to position #2, with an expiration date of 06/30/2010; Antonia Guadalupe Barbosa to position #7, with an expiration date of 0613012008; Stephanie Holmes to position #3, with an expiration date of 06/30/2010; and Rashida Fearrington to position #11, with an expiration date of 06/30/2008 to the Commission for Women. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint Ana Hacic —Vlahovic to position #17, with an expiration date of 061301208. Special Expiration Representatio Position n Date Number 2 Hillsborough Township 06/30/2010 Barbara Prear 3 At-Large 06/30/2010 Stephanie Holmes 6 Hillsborough Township 06/30/2009 7 At-Large 06/30/2008 Antonia Guadalupe Barbosa 11 Chapel Hill Township 06/30/2008 Rashida Fearrington. 16 Hillsborough Township 06/30/2008 17 At-Large 06/30/2009 Ana Hacic — Vlahovic 19 At-Large 06/30/2008 VOTE: UNANIMOUS e. Hillsborough Board of Adjustment— New Appointments The Board considered making new appointments to the Hillsborough Board of Adjustment. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to appoint Carl Edward Sain to a full term ending 0313112010; and Carla Sparrow Lundsford to a full term ending 09/30/2010 to the Hillsborough Board of Adjustment. VOTE: UNANIMOUS f. Nursing Home Community Advisory Committee — New Appointments The Board considered making new appointments to the Nursing Home community Advisory Committee. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Ed Flowers and Pat Revels to the Nursing Home community Advisory Committee, and they will each be serving a one-year training term, which will end on 2/28/2009. VOTE: UNANIMOUS Transportation Services Board — New Appointments The Board considered making new appointments to the Transportation Services Board. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint the following to the Transportation Services Board. Position Number Special Representation Expiration Date 1 At-Large 03/31/2010 Pamela Rich 2 At-Large 03/31/2009 Jim Hotelling 3 At-Large 03/31/2008 Dan Barker 4 At-Large 03/31/2010 James White 5 At-Large 03/31/2009 Amelia Strope 7 Economic Dev. Commission 03/31/2008 Willie Best 8 O.C. EMS 03/31/2009 9 OPC Area Programs 03/31/2010 Vanessa Neustrom 12 O.C. Health Department 03/31/2010 Wayne Sherman 13 O.C. Recreation and Parks 03/31/2009 Ardra Webster 14 Orange Enterprises 03/31/2009 Donna Musson 15 Town of Hillsborough 03/31/2010 16 B.O.C.C./or Manager's Office 03/31/2008 VOTE: UNANIMOUS h. Economic Development Commission — New Appointment The Board considered making one new appointment to the Economic Development Commission. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to appoint Dan Coleman to the Economic Development Commission, as an elected official, to a partial term ending on 613012009. VOTE: UNANIMOUS 11. Information Items • Nutrition Month Activities • Status Report on Landfill Gas Recovery Feasibility Study 12. Closed Session A motion was made by Chair Jacobs, seconded by Commissioner Carey to go into closed session at 10:21 pm for the following: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract or contracts to purchase real property, which real property will be used for open space and nature preserve purposes," NCGS § 143- 318.11(a)(5). VOTE: UNANIMOUS RE-CONVENE INTO REGULAR SESSION A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to re-convene into regular session at 11:15 p.m. VOTE: UNANIMOUS 13. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to adjourn the meeting at 11:15 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board