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HomeMy WebLinkAboutMinutes - 20080318 APPROVED 6/24/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 18, 2008 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 18, 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 The bright blue sheet was an update on water levels. The lavender sheet was an update from the Manager on summer day camp information. This will be discussed under Manager Comments. The yellow sheet was a resolution in support of a .4% increase in the land transfer tax to be considered at the CHCCS Board meeting on March 20th. The light blue sheet was a revised resolution remembering Eve Carson. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Robert Healy said that for last 15 years he has been Chair of the New Hope Creek Corridor Advisory Committee. The committee stems from action of the County Commissioners, along with the City of Durham, the Town of Chapel Hill, and Durham County in the late 1980's to support a plan for the conservation of development of New Hope Creek Corridor. Since that time, the County Commissioners have been supportive of land protection and acquisitions. The committee was created in 1992 to advise the elected officials on the implementation of the plan. In late 2006, the committee learned that DOT was planning to replace a bridge where Turkey Farm Run crosses New Hope Creek. The committee immediately wrote a letter raising various questions about the bridge. Since that time, DOT has proceeded without allowing the committee to have input. He said that this is an unusually pristine and sensitive part of the creek. He introduced John Kent, who has been taking water samples on New Hope Creek for at least 15 years, and Ryke Longest from the Environmental Law and Policy Clinic at Duke. 1 John Kent said that he has emailed the handout, which was at the County Commissioners' places, which is a resolution and supporting letter for the Board of County Commissioners to review and take action to support the committee in this issue with the bridge and DOT. He said that the committee would like the Board to pass the resolution, which requests a field meeting. This would be a meeting of qualified biologists at the bridge site with DOT engineers. The committee would also like consideration of raising the bridge for a pedestrian path and also for adequate wildlife passage. Ryke Longest is the newly appointed Director of the Environmental Law and Policy Clinic at Duke University School of Law. He and some of his students have been to the site and they have helped the corridor committee. He became involved in helping the committee in December 2007. Since that time, a permit appeal has been filed with the Division of Water Quality for the permit on the original bridge, and it is still pending. Meanwhile, the construction plan is on-going and is scheduled for July. He said that they are not asking for the Board of County Commissioners to participate in the permit appeal, only to support the resolution. He spoke of how special this part of the creek was and encouraged everyone to visit it. Chair Jacobs said that this would be referred to staff to come back at the meeting on April 1'. He said that Orange County was very instrumental in helping to start the efforts for the preservation of this corridor. He said that the Board of County Commissioners has already written a letter to DOT, and it intends to continue participating in a supportive manner. Commissioner Carey asked about the field meeting and who the agreement would be between. John Kent said that normally this is a standard procedure for federally-listed endangered species. The species in this area are state-listed only. The DOT did a mussel survey for this site, and the report is that there is a very rich resource. He said that the field meeting is typically done with qualified biologists and DOT, and DOT says what it plans to put in the bridge and the biologists give their opinion. It is then reflected in the environmental document that is done for the project. The agreements are not a legal document, and in the proceedings, the committee would want to make sure that DOT would be legally bound by the results of the field meeting. Katherine Harper read a prepared statement, as follows: "Hello, my name is Katherine Harper, property owner of 1808 Hwy 15-501 S, which is located about a mile south of the Chapel Hill city limits. It is a residential area in which the houses are between 100 and 200 feet apart as they line the highway. For reference, it is the section in which Smith Level Road runs parallel to the highway, and our property is one of the two-acre parcels in between these two roads. I live there with my husband and three-year old daughter. My problem is that our next door neighbor, and his friends, recreate by shooting rifles and hand guns at a target and dirt mound located about 25 feet from our property and 50 feet from our bedroom window. This goes on for hours on weekdays and weekends. The noise is piercing (they are wearing ear protectors) and we have to run inside because my daughter is so frightened. Once inside, the noise and vibration of the guns rattles our lamps. The noise is one of my problems, but the main problem here is human safety. What happens if a bullet ricochets off of their target or it hits someone at a house behind our properties? We spoke with the Orange County Sheriff's Office, who said there was nothing they could do about it as they laughed in my face and said they knew it was crazy, but there was no ordinance. Donna and Evelyn were extremely helpful and were able to pinpoint that there was no specific ordinance to deal with this issue. Please let me know what we can do to establish an ordinance banning target practice in residential areas. This is a Human Safety issue." Katherine Harper 1808 Hwy 15-501 South 2 Chapel Hill, NC 27517 919-360-8340 katherinegharperCabellsouth.net Chair Jacobs said that he forwarded this email to everyone and to staff, and he knows that staff has been working on this. He is surprised that the Sheriff or any deputy would say what Ms. Harper reports, because there are noise ordinances that could certainly be applied, and in the past they have tried to use those. He said that the Board will continue to look at this. 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 Remembering Eve Carson The Board considered a resolution remembering Eve Carson. Chair Jacobs read the resolution. RESOLUTION REMEMBERING EVE CARSON WHEREAS, the loss of any human life by violent means is a tragedy; and, WHEREAS, Eve Carson, University of North Carolina (UNC) at Chapel Hill Student Body President, Morehead Scholar and member of Phi Beta Kappa, served the people of the University, Orange County, the region and international communities; and, WHEREAS, Eve Carson was an asset to the UNC community, working hard in leadership and service roles that included being a member of the UNC-Chapel Hill Board of Trustees; co- presidents of the Honors Program Students Executive Board; and a member of the Committee on Scholarships, Awards and Student Aid; the Academic Advising Program; the Chancellor's Committee for University Teaching Awards; and, WHEREAS, Eve Carson served the local community teaching and working at Frank Porter Graham Elementary School in Chapel Hill as part of UNC's INSPIRE program; tutoring at Githens Middle School in Durham; coaching in the Girls on the Run of the Triangle, a character development program for girls ages 8-12 that uses running to teach values and a sense of self; and, WHEREAS, Eve Carson represented the "Carolina Way" as she personified commitment to UNC's prestigious reputation, support for students, academic freedom and service to global causes; and, WHEREAS, on the morning of March 5, 2008, Eve Carson's life was tragically taken in a senseless act of violence, leaving our community devoid of the potential she held as a compassionate and loving human being; 3 NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners recognizes the outstanding contributions that Eve Carson provided to Orange County and beyond; wishes to honor her life by continuing to serve the causes she cared so deeply about; and commits to working with local authorities to do everything within our power to extinguish violent crime from our community. This the 18th day of March 2008. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the resolution remembering Eve Carson. Commissioner Gordon said to send this to her family and Chancellor Moeser. VOTE: UNANIMOUS b. Resolution Regarding Planned Uses of Land Transfer Tax Proceeds The Board considered approving a resolution specifying the intentions of the Orange County Board of Commissioners 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 Board. Rod Visser said that this resolution tracks with the Statement of Intent that the Board adopted recently. There have been two minor revisions to this resolution from the most recent version. Rod Visser read the resolution. ORANGE COUNTY BOARD OF COMMISSIONERS A Resolution Regarding Uses of Land Transfer Tax Proceeds WHEREAS, there are significant pressing school, park, and other County capital needs that are precipitated by growth pressures and are currently unfunded or underfunded in the County's 10 Year Capital Investment Plan; and WHEREAS, it is important to provide Orange County taxpayers with alternatives to the pressure to raise property taxes to address these, and other, County needs; and WHEREAS, the levy of a .4% land transfer tax would provide a new County revenue source; and WHEREAS, if Orange County voters do not approve the levy of a .4% land transfer tax, greater property tax increases are inevitable to meet public school capital needs to meet the requirements of Schools Adequate Public Facilities agreements and ordinances (SAPFO); and WHEREAS, the Board of Commissioners has established guidelines to allocate transfer tax proceeds, including: a. funding will be allocated in an equitable manner between capital projects in the County's two school systems and other County capital projects; b. funding will be allocated to already identified projects to meet the requirements of SAPFO and to fund County park capital needs for the County parks, the land for which has already been acquired, and not to new projects that have not been previously contemplated; 4 c. funding could be allocated to public school and County renovation projects as well as to new facilities; and WHEREAS, if additional funding does not come from the land transfer tax, the property tax will be the funding source for projects to meet the requirements of SAPFO, and other capital projects not required by law may have to be either deferred or not completed; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners hereby states its intention to use the proceeds from the land transfer tax for currently unfunded or underfunded public school and park projects. BE IT FURTHER RESOLVED THAT proceeds from the land transfer tax in later years will be used to address County Commissioner priorities as established in the County's 10 Year Capital Investment Plan. This, the 18th day of March, 2008. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve a resolution specifying the intentions of the Orange County Board of Commissioners 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 Board. VOTE: UNANIMOUS c. Sexual Assault Awareness Month The Board considered a proclamation recognizing April as Sexual Assault Awareness Month in Orange County and authorizing the Chair to sign. Mary Crazen accepted the proclamation. She has been a volunteer for 13 years and she thanked the Board of County Commissioners and the County for their support. In April, people are encouraged to wear a teal ribbon in support of sexual violence prevention. She gave each of the Commissioners a ribbon. She invited the Board to attend the press release event March 25th at 10:00 a.m. in Carrboro Town Hall. The new guidelines for the Sexual Assault Response Team will be announced at this event. She read the proclamation. Proclamation "Sexual Assault Awareness Month 2008" WHEREAS, the Orange County Rape Crisis Center assisted 344 survivors of sexual violence and their family members, friends and loved ones during 2007; and WHEREAS, the Orange County Rape Crisis Center works with the County's two school systems and other groups to provide all students with age-appropriate information about sexual assault prevention, reaching 9,911 children and youth during the 2006 —2007 school year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is bringing together members of law enforcement, the medical community, the legal system and other community advocates to improve services for survivors of sexual assault who come forward; and WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in their lives (NC Department of Health and Human Services, 1999); and 5 WHEREAS, in the United States, rape is the most costly crime to its survivors, totaling $127 billion a year considering factors such as medical cost, lost earnings, pain, suffering and lost quality of life (U.S. Department of Justice, 1996); and WHEREAS, in the United States, 1 in 6 women and 1 in 33 men have experienced a completed or attempted rape at some time in their life (US Department of Justice, 1998); and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bureau of Investigation, 2002); and WHEREAS, the blaming of the victim continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, a non-profit, volunteer agency which has been serving this community since 1974, is working with others in the community to stop sexual violence and its impact through support, education and advocacy; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners does hereby proclaim the month of April 2008 as "SEXUAL ASSAULT AWARENESS MONTH" and encourages all residents to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 18th day of March 2008. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve a proclamation recognizing April as Sexual Assault Awareness Month in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS d. Public Health Month The Board considered a proclamation designating April as Public Health Month and authorizing the Chair to sign. Health Director Rosemary Summers said that the Health Department is participating with St. Thomas Moore Church in Chapel Hill for a health fair. A repeat event for this year is the Real Men Rock and Ride program, which is a preventative program for shaken baby syndrome. This will be held at Wal-Mart and there is a Harley Davidson club coming to work with the Health Department that day to demonstrate that real men can rock babies instead of shaking them. Another event is Healthy Kids Day at the YMCA. Commissioner Carey read the proclamation. ORANGE COUNTY BOARD OF HEALTH AND ORANGE COUNTY BOARD OF COMMISSIONERS 6 PROCLAMATION TO RECOGNIZE APRIL 2008 AS ORANGE COUNTY PUBLIC HEALTH MONTH WHEREAS, 2008 marks 128 years of continuous public health service to residents of the State of North Carolina; and WHEREAS, public health measures to control and eliminate infectious diseases, improve environmental sanitation, and promote healthy lifestyle practices have been the greatest cause of improved health status and increased life expectancy for North Carolina's residents; and WHEREAS, since 1979 the Orange County Health Department has provided services to Orange County residents to promote positive health outcomes through health education and preventive care, to prevent disease by controlling the spread of infectious diseases, and to protect against environment health and other hazards through improved environmental sanitation, public policy; and emergency planning; and WHEREAS, public health efforts alone cannot accomplish the goal of a healthier Orange County without cooperation and partnership with communities and individuals; and WHEREAS, the Healthy Carolinians of Orange County partnership's 2007 Community Health Assessment revealed low mortality rates among Orange County residents for diabetes, heart disease, and stroke indicating positive contributions from Orange County public health professionals; and WHEREAS, the residents of Orange County have selected the critical health issues of access to health care, the prevention of chronic diseases with a special focus on obesity, and mental health and substance abuse services for adolescents as requiring community wide attention to ensure a healthy Orange County; and WHEREAS, proclaiming April as public health month will recognize the accomplishments of public health in Orange County and increase community awareness of the need to prevent disease, choose good health practices, and protect Orange County residents from health hazards through community partnerships; NOW, THEREFORE, be it recognized that the Orange County Board of Health and the Orange County Board of Commissioners do hereby proclaim April 2008 as Orange County Public Health Month. This the 18th day of March 2008. 7 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve a proclamation designating April as Public Health Month and authorize the Chair to sign. VOTE: UNANIMOUS e. Proclamation Recognizing Orange County Kick Butts Day The Board considered approving a proclamation recognizing the day of April 2, 2008 as Orange County Kick Butts Day and authorizing the Chair to sign. Rosemary Summers introduced Pam Diggs, Youth Tobacco Prevention Coordinator, who works with both school systems. Pam Diggs introduced some youth members of the TRU Clubs that were in attendance. She said that Kick Butts Day is April 2nd and allows students to raise the issue of not using tobacco. Commissioner Carey asked the members of the TRU Club to come up and let the County Commissioners shake their hands. Commissioner Nelson read the proclamation. PROCLAMATION TO RECOGNIZE APRIL 2, 2008 AS ORANGE COUNTY KICK BUTTS DAY WHEREAS, the State of North Carolina will proclaim April 2, 2008 as Kick Butts Day to recognize five years of public health education to youth of Orange County; and WHEREAS, since 1995, the Campaign for Tobacco-Free Kids has recognized a day in April or March as Kick Butts Day; and WHEREAS, the Tobacco Reality Unfiltered Program of Orange County has been working with youth since 2003 to prevent tobacco use and develop positive decision- making skills among middle school and high school students in Orange County; and WHEREAS, the Healthy Carolinians of Orange County Partnership's 2007 Community Health Assessment revealed lower percentages of smoking among Orange County youth since 2003 indicating positive contributions from the Orange County Tobacco Reality Unfiltered program; and WHEREAS, the Orange County Schools Communities that Care Survey revealed that 13.8% of students in grades 6th 8th and 10th smoked in the past 30 days and the Chapel Hill-Carrboro City Schools Youth Risk Behavior Survey revealed that 5.7% of middle school students and 12.2% of high school students smoked in the past 30 days, showing that the need remains to educate students about being tobacco-free; and 8 WHEREAS, the Orange County Board of County Commissioners is dedicated to its role of developing and enacting policy to address the needs of the residents and employees of Orange County as evidenced by their vote to prohibit smoking in all government buildings and vehicles effective April 1; and WHEREAS, the Orange County Health Department proposes that proclaiming April 2 as Kick Butts Day will increase community awareness of the need for preventing tobacco use and for continuing public health education programs for youth; and NOW, THEREFORE, be it recognized that the Orange County Board of Commissioners do hereby proclaim April 2, 2008 as Orange County Kick Butts Day. This is the 18th day of March 2008. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a proclamation recognizing the day of April 2, 2008 as Orange County Kick Butts Day and authorize the Chair to sign. VOTE: UNANIMOUS f. Resolution in Support of Continuation of CJPP Funding The Board considered a resolution demonstrating support of continuation funding for the Orange/Chatham Criminal Justice Partnership Program and authorizing the Chair to sign. Sharon Hinton introduced this item and thanked Commissioner Carey for being such an integral part of this program. Commissioner Foushee read the resolution. RESOLUTION IN SUPPORT OF CONTINUATION OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM FUNDING WHEREAS, Criminal Justice Partnership Program (CJPP) funding has been removed from the continuation budget and is now subject to continuation review; and WHEREAS, the non-reoccurring status of CJPP funding and subsequent continuation review will delay the annual appropriation and may result in the loss of qualified professionals to provide treatment services for adult offenders at the local level; and WHEREAS, since 1994, the State of North Carolina and county governments have been partners in providing necessary community based substance abuse treatment services to adult offenders, which have been effective in reducing recidivism by these offenders; and WHEREAS, the local CJPP Boards diligently carry out their charge of assessing community needs, planning for services to meet those needs and recommending programs for funding to deliver the services, and evaluating the performance of these programs; and 9 WHEREAS, the loss of CJPP program services will result in the adult offender being without community based treatment services and could increase recidivism, as well as, incarceration in the local jails and State prison system; and NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners strongly endorses full reinstatement of funding for the Criminal Justice Partnership Program to the continuation budget and the allocation of additional funds to support legislative mandates to protect the community and provide a criminal justice continuum at the local level. This, the 18th day of March 2008. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve a resolution demonstrating support of continuation funding for the Orange/Chatham Criminal Justice Partnership Program and authorize the Chair to sign. VOTE: UNANIMOUS 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from February 5 and February 11, 2008, 7:30 p.m. and 7:45 p.m. meetings as submitted by the Clerk to the Board. b. Appointments — None c. Public Information Sessions —Transfer Station Siting Process The Board authorized two transfer station siting public information sessions in April: Thursday, April 3, 2008 from 7:00 p.m. to 10:00 p.m. in the F. Gordon Battle Courtroom, 106 East Margaret Lane, in Hillsborough, North Carolina, and on Thursday, April 10, 2008 from 7:00 p.m. to 10:00 p.m. in the Southern Human Services Center, 2501 Homestead Rd., in Chapel Hill, North Carolina. d. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 30 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. e. Bid Award: LPG Triple Upright Forklift The Board awarded a bid for a Clark Model CMP 25-LPG Triple Upright forklift for use within the Solid WastelRecycling Division to G&W Equipment, Inc. of Raleigh, NC at a total cost of $23,513 and authorized the Purchasing Director to execute the necessary paperwork. f. Classification and Pay Plan Amendment— Reclassification The Board amended the Orange County Classification and Pay Plan to reflect a reclassification of the Dentist position from a Grade 30 to a Grade 34 and authorized offering a qualified applicant a salary between the midpoint and third quarter of the new range. g_ Impact Fee Reimbursement The Board approved an impact fee reimbursement request from Orange Community Housing and Land Trust of$4,407 for a recently built home in Chapel Hill h. Approval of Chapel Hill Carrboro City Schools Use of 2007-08 Lottery Funds for Conversion of Lincoln Center Pottery Shop to Classroom Space The Board approved Chapel Hill I Carrboro City Schools' use of 2007-08 Lottery Funds for conversion of Lincoln Center Pottery Shop to classroom space and authorized expenditures for the project via the attached Lincoln Center Pottery Shop Conversion Project Ordinance. 10 i. Orange County Housing Authority Bylaws Revision This item was removed and placed at the end of the consent agenda for separate consideration. L Recommendation to NCDOT Concerning the Addition of Antler Point Road to the State Maintained Road System The Board forwarded the Antler Point Road Petition for Addition to the State Maintained System to the NCDOT with a recommendation that the Board of Transportation accept Antler Point Road for maintenance as a secondary road. k. Change Order#2 for Landfill Sanitary Sewer The Board authorized additional funds of$16,000 to cover the preparation of easements plats and redesign of the leachate sewer under Millhouse Road as required by the Town of Chapel Hill. I. Fiscal Year 2007-08 Budget Amendment#8 The Board approved budget amendments for fiscal year 2007-08 Department of Social Services, Department on Aging, Planning Department, Health Department, and Public, Educational and Government Channels. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM AGENDA: i. Orange County Housing Authority Bylaws Revision The Board considered approving revisions to the Bylaws of the Orange County Housing Authority. Commissioner Gordon made reference to page 5, Section 3, and Special Meetings. She said that mailing of the call of the meeting only two days prior to the meeting would not be enough time. She suggested mailing it 4 days before a meeting or hand delivered 2 days before a special meeting. Housing and Community Development Director Tara Fikes suggested deleting the language about the mail and just hand deliver the call. Commissioner Gordon made reference to page 3 and the use of funds in Section 4. She suggested having two people sign if there is a request over a certain amount. Tara Fikes said that this language is worded to allow for any transactions of the Housing Authority to be handled through the County's Finance Office. Geof Gledhill made reference to Section 5 and the second paragraph, which addresses this. Commissioner Gordon was fine with this. Commissioner Gordon said that this document does not say that meetings must be held in Orange County. Geof Gledhill said that there is not a requirement to meet in Orange County. Commissioner Gordon suggested adding language that indicates that it is preferable that the meetings be in Orange County. The two changes are that the calls for special meetings will be hand delivered to members at least two days prior to the meeting and that meetings are preferably held in Orange County. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the revisions to the Orange County Housing Authority Bylaws, as amended. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Housing Bond Program 11 The Board considered awarding housing bond funds in the amount of$632,300 to Community Alternatives for Supportive Abodes (CASA) to purchase five (5) duplexes in Chapel Hill and authorize the Manager in consultation with the County Attorney to enter into a Development Agreement detailing the conditions of award. Tara Fikes said that the County received an application for housing bond funding from CASA, requesting funds to purchase five duplexes in the Town of Chapel Hill. CASA is a non- profit housing developer incorporated in 1992 and is based in Raleigh. It has dedicated its service to the housing needs of low wealth individuals, particularly those with disabilities. The organization has developed 158 housing units and has had extensive experience working with most affordable housing programs. This would be CASA's first project in Orange County. The duplexes are located on Pritchard Avenue Extension. These housing units would be available for rent to individuals who are either formerly homeless and/or disabled. CASA will also manage this property. Commissioner Nelson asked what happens to the property if CASA goes defunct. Tara Fikes said that the County's investment would be secured. A declaration of restricted covenants will be recorded against the property and the County would be lending CASA the money for this purchase. Commissioner Nelson verified that CASA is restricted from turning this property into for- profit. Chair Jacobs pointed out that this is being paid for by bond money that was approved in 2001. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve awarding housing bond funds in the amount of $632,300 to Community Alternatives for Supportive Abodes (CASA) to purchase five (5) duplexes in Chapel Hill and authorize the Manager in consultation with the County Attorney to enter into a Development Agreement detailing the conditions of award. VOTE: UNANIMOUS b. Media Consultant for Land Transfer Tax Voter Information Effort The Board considered approving a proposal for media consulting services to assist with the County's planned effort to inform 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. Chair Jacobs said that Rod Visser distributed a memorandum on this issue. Laura Blackmon said that, except for the front page of the memorandum, the Board has seen everything else. On March 10th staff distributed an RFP to the Board of County Commissioners that was sent to 19 firms. Staff interviewed two firms today— Ballen Media of Durham and The Campaign Network of Carrboro - and Rod Visser, Laura Blackmon, Donna Coffey, and Pam Jones interviewed the applicants and also conferred with Geof Gledhill. The review team unanimously decided to recommend Ballen Media for the following reasons: Demonstrated core competency in developing and disseminating messages intended to educate and inform, in contrast to materials that would advocate or persuade - Experience with educational campaigns, such as a rural AIDS testing program Submitted examples of prior work products for other clients that reflect the principles of"simplicity" and "clarity" that the Board has previously cited as vital characteristics for the County's message regarding the land transfer tax referendum Commitment to a message encouraging voters to learn more, participate, and make an informed choice 12 Demonstrated grasp of the most significant questions potential voters are likely to have about the proposed land transfer tax Recognition of the need to reach out to different constituencies by means of a broad appeal through print and broadcast media and a content-rich Web interface - Availability due to its proximity, about 20 minutes from downtown Hillsborough Emphasis on the importance of collaboration among the Board, staff, and Education Advisory Committee Commitment to work with the Education Advisory Committee in recognition of its value as a feedback and filtering mechanism to address community information needs Preparedness to rapidly correct (via internet, radio, and local television) misinformation that may surface in the community Extensive contacts throughout local and statewide broadcast and print media for paid advertising as well as "earned media" (e.g. scheduled interviews) Dwayne Ballen of Ballen Media said that what piqued their interest was the opportunity to educate voters. He wants to help facilitate what this issue is about and there will be no advocacy of the issue. He said that Ballen is involved in several social issues and he and staff talked about utilizing multiple media formats. Gil Fitts, also from Ballen, said that the other thing that Ballen wants to emphasize is collaboration. He said that they look forward to working with advisory committee and the County Commissioners in crafting the message. He said that, once message is crafted, Ballen will be using print, radio, and cable W. They would also like to drive people to a website by which they could investigate the questions involved in this issue. There could also be a PDF file that could be printed off the website and given to people for educational purposes. He pointed out that Orange County has one of the highest internet user rates in the state. Commissioner Nelson asked how broadcast media outlets would be determined. Gil Fitts said that Ballen has a media expert to evaluate this and they also have a contact with Time Warner Cable. Commissioner Nelson said that there are a lot of people in Orange County that do not have internet, and with direct mail you can get information into people's homes. He just wanted to flag this. Dwayne Ballen said that they have learned that there are points of trust in a community for finding knowledge. He said that Ballen has been successful in finding those points of trust. This is not an advocacy campaign, but an information campaign. Commissioner Nelson asked about the two proposals from Ballen — one is $47,000 vs. $70,000. Gil Fitts said that in the RFP it asked Ballen to respond to both. The most expensive is Time Warner Cable. Fortunately, it is a political season, and media will be charging lower political rates. Commissioner Gordon asked about direct mail and Gil Fitts said that it was not an area they addressed in their initial proposal, but they are flexible. Commissioner Gordon asked how this would fit in the proposal and he said that funds would be reallocated. PUBLIC COMMENT: Mr. Mascorella said that in this world there is nothing certain but death and taxes. He said that there are those who are for and against this tax. However, he does not support either the land transfer tax or the sales tax. He said that the Board of Commissioners put the land transfer tax on the May 6th ballot, but the Board has already spent $10,000 on a survey, and this is already too much of the public's money to spend, and the study was all but ignored. He said 13 that there should be more responsible use of public funds and not more tax money to spend. He said that the country now is in a very shaky economic position. Orange County's taxes have been increasing for some years and this new transfer tax is not any guarantee that the property taxes will not increase. He asked the County Commissioners to tighten the spending bill. Roy Longford said that it is not necessary to spend tax money to make the public aware of this issue. He thinks that this issue is getting ample publicity through the current news media and radio talk shows, etc. He said that it is a waste of taxpayer money and the Board of County Commissioners should be more frugal on how it allocates funds. He is opposed to this tax and the allocation of spending funds for this education campaign. Mary Copeland said that she keeps hearing that the County has to spend money to educate Orange County because it is such a short time. She asked why it was a short time. She would prefer that the vote be held in November. She said that she thinks it is illegal to take the taxpayer money and spend it to propagandize what the citizens hear and try to sell them something that they do not want. Ben Lloyd verified that the proposal is to spend an additional $100,000 on this education campaign. He said that years ago Orange County had a planning process and it was suggested to incorporate more people from the rural and agricultural community. He said that someone from the Planning Board said that in her opinion, people from the agricultural segment of Orange County do not have the expertise to properly plan for themselves, but need experts doing it for them. He wonders if this same philosophy prevails among part of the Board of County Commissioners. He said that the survey did not turn out the way the County Commissioners wanted, and now they want to spend money to entice the people to vote to support the Board's agenda of getting this passed. He said that this is one of the most irresponsible actions that he has ever seen taken in Orange County. Barry Katz said that he is on the education committee but is not speaking as a person on that committee. He said that there is a N.C. real estate association that has 520 3(c) status and disseminates information and spends money in trying to defeat land transfer tax issues in the state. Part of the expenses included "push polls", which are telephone surveys asking individuals what they know about an issue, but they are pointedly intended to direct people's opinions in one way or another. He received one of those calls and he went through the entire telephone survey. He knows that there was at least one other push poll survey done in Orange County to try to dissuade the voters of Orange County to even consider such a tax. In addition, there was a postal card that went around to most people in the County, which misrepresents the land transfer tax. He said that he knows that the real estate association is willing to spend several more thousand dollars in this County to defeat the land transfer tax. He said that this has put the Orange County Board of Commissioners in a position to have to spend $100,000 just to get honest information out about what this tax is. He said that citizens are obliged to make decisions about where to raise unavoidable revenue to meet obligations that they have to meet as citizens, particularly in terms of education. He said why not allow voters to get education about this and make their minds up for themselves. Commissioner Nelson said that he was impressed by Ballen Media and he is comfortable with this company. He said that this vote on May 6th is a citizen's choice and the County needs to get good information to the public. He supports the Manager's recommendation, but he wants to know what the County gets for the two proposals. Rod Visser said that there is still another step in the process, which is to finalize the agreement after Ballen is approved. There would be a more specific scope of work with details brought back to the Board. Commissioner Foushee said that whatever scope that is presented needs to include specifics about direct mail. 14 Commissioner Carey said that both he and his wife have been subjects of the realtor's association calls and they were appalled about the misinformation that was included. He agreed with Commissioner Nelson. He was going to go with Option B, but if the Board wants to go with Option A, then he would support this. Commissioner Gordon agreed about the specifics of direct mailing. She said that she would be hard pressed to decide on proposals without specifics. Laura Blackmon said that her recommendation was to go with Option B, particularly if the Board wanted to do some direct mailing because printing and mailing is very expensive. She recommended keeping in reserve some funding for contingency. Chair Jacobs said that he will support whatever the Board of County Commissioners wants to do. He has reservations about sending a mixed message that the County needs money, but it will spend money for education. However, he is persuaded that when the County is facing $31 million elementary schools and $55 million middle schools, the Board does not want to keep raising property taxes at the current rate, and alternatives are needed. The legislature has given counties very few alternatives. He said that there are some very principal and articulate individual realtors in the County who are opposed to the land transfer tax, and there are a number who are in favor of it. There are also several organizations that are disingenuous and misleading, and the only way to try and combat that kind of tactic is to give voters honest information and then let them make their choice. He said that the consultants are only here to help people understand the real facts, not the facts sold to them by professional realtors. Commissioner Gordon asked the Manger to restate her recommendation. Laura Blackmon said that her recommendation is to engage Ballen Media for consulting services, and that the Board approve an expenditure not to exceed $100,000, with 10% of that being held in a contingency fund. That means that the planned expenditures will be up to $90,000, with the remaining $10,000 to be spent only if additional circumstances warrant it. The rest of the recommendation is as listed in the abstract, A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the Manager's recommendation as follows: engage Ballen Media for consulting services at an expenditure not to exceed $100,000, with 10% going into a contingency fund; direct the Manager to prepare an agreement, subject to final review by staff and the County Attorney, between the County and Ballen Media that includes the elements of the proposal approved by the BOCC; authorize the Chair to sign the resulting agreement; and direct staff to amend the County's FY 2007-08 Budget Ordinance to appropriate the amount approved by the Board for this voter education effort from fund balance to the Governing and Management function of the General Fund. VOTE: UNANIMOUS 7. Reports-NONE 8. Board Comments (Three Minute Limit per Commissioner) Commissioner Gordon distributed some handouts. She said that TTA has changed its name to Triangle Transit, and it just received delivery of five new buses with the new logo. All buses will be here by June and ridership has increased. Commissioner Gordon said that the Durham-Chapel Hill work group met and talked about the master plan for the Hollow Rock area. Commissioner Carey— no comments. Commissioner Foushee said that there are no children waiting for DSS subsidies for daycare. Also, she had a chance to visit three elementary schools in Orange County—one in CHCCS and two in OCS —and she acknowledged her thank you cards from New Hope Elementary. 15 Commissioner Nelson — no comments. Chair Jacobs said that the Board had asked the SWAB to make a recommendation for alternative methods of disposal for solid waste and Laura Blackmon said that it is on the April 1st agenda. Chair Jacobs said that there were some issues about the use of money for environmental initiatives, and he wants to make sure that the Manager comes back with a proactive recommendation before the budget process. Commissioner Gordon congratulated UNC for winning the ACC tournament. 9. County Manager's Report Laura Blackmon made reference to the Board resolution for the Land Transfer Tax that will be on the CHCCS Board agenda this week. Regarding the follow-up on the Orange County Summer Day Camp request, she made reference to the memo from her. She walked through this memo, shown below: MEMORANDUM TO:Orange County Board of Commissioners FROM: Laura E. Blackmon, County Manager DATE: March 18, 2008 RE: Follow-up on Summer Day Camp Information Request At the March 6, 2008 BOCC Regular Meeting, the Board asked me to review and provide information regarding the discontinuance of Orange County's summer day camp program. I am providing this memorandum as follow-up to that request. As a baseline of information, it is probably helpful to summarize information regarding summer day camp and participants for summer 2007. Summer day camp during the summer of 2007 ran for seven weeks, with 588 children enrolled and participating during the seven weeks. Direct costs associated with the 2007 summer day camp were $40,692. Revenue from the 2007 summer day camp program totaled $37,053 and broke down as follows: Discounted Camperships 276 participants - $13,153 in discounts; (campership amounts varied up to $80 per person) Full Pay Enrollment 312 participants - $22,900 received from participants ($80 each or $70 for second child) The above information should be helpful to Board members as context for thinking about issues related to summer day camp. In regard to the process that led to the discontinuance of summer day camp for 2008, I began working with staff in early 2007 to develop a proposed Fiscal Year 2007-2008 budget to be presented to the Board of Commissioners in May 2007. During that process, I requested that all departments provide an inventory of services/programs that they offered as part of their budget 16 request packages. I met with all department heads to discuss their budget requests for fiscal year 2007-2008, and I also reviewed the service/program inventories. I further asked departments if there were particular programs where efficiencies might be achieved and the department head would recommend changing or eliminating. Discussions with Parks and Recreation Director Lori Taft led to two programs for consideration — the after school program and the summer day camp program — since these were services offered by other entities throughout the County including both public (schools) and private providers. The amount of funding associated with each program was identified, and following further discussion, it was determined that staff would recommend to the BOCC during the budget process that the Parks and Recreation Department cease offering after school care with school year 2008 and summer day camp programs during summer 2008. Correspondingly, the requested budgets for these programs (both revenues and expenditures) were reduced prior to my Recommended Fiscal Year 2007-2008 Budget being presented to the BOCC. As part of the BOCC's budget discussions, the Board discussed discontinuance of the summer day camp program, as included in my recommended budget, during the Board's June 18, 2007 budget work session. Staff followed up on that discussion by providing additional information to the Board at the June 21, 2007 budget work session. That additional information is provided for reference purposes as Attachment 1 to this memorandum. The Board then moved forward with adoption of the budget on June 26, 2007 with the discontinuance of the summer day camp program. Based on my additional review of the summer day camp program since March 6, 2008, I believe the County should remain on its present course with the discontinuance of the summer day camp program. This is based on the significant number of private providers in the County as noted in Attachment 1. It should also be noted that the SportsPlex would like to expand its summer day camp program and approached staff in February 2008 concerning the possibility of utilizing some Parks and Recreation Department facilities as part of this day camp expansion. An additional opportunity the County could consider would be to provide funds for camperships for individuals interested in attending camp at the SportsPlex. I hope this information is helpful, and please let me know any questions. Chair Jacobs said to bring this forward as an agenda item and Commissioner Carey agreed. Commissioner Carey said that it was not clear to him last year about this and the Board did not vote on this, so it should be brought back. He remembers expressing quite clearly that he was concerned about the lower income children who depended on the County's summer camps and who would not be able to afford to go to these other summer camps. He said that advisory board members have told him that the Recreation and Parks Advisory Committee was not involved in this decision, and that is inappropriate. He asked that this be brought to the RPAC and the Board of County Commissioners simultaneously. Chair Jacobs said that this has been discussed at some of the Sportsplex Citizen Advisory Board meetings. There may not be the room this year for extra campers because of the construction. He suggested discussing whether the Sportsplex could work with the County on subsidies and whether it should be the sole entity to do this, or if other legitimate camps could be involved also. Chair Jacobs said to check with the Planning Director to make sure some of the other summer camps are not in violation of zoning laws. 17 This item will be brought back April 1St 10. Appointments a. Durham Technical Community College (DTCC) —Trustee Appointments The Board considered appointing one volunteer to the Durham Technical Community College Board of Trustees. Chair Jacobs said that Commissioner Carey has submitted his resignation to this board. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to appoint Commissioner Foushee to the Durham Technical Community College Board of Trustees. VOTE: UNANIMOUS b. Equalization and Review— New Appointments The Board considered making appointments to the Board of Equalization and Review. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Tom Heffner and Jane Sparks (Chair) to the Board of Equalization and Review. A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint Jerry Kruter to the Board of Equalization and Review. All other names can be appointed as alternates. VOTE: UNANIMOUS c. Interlocal Agreement Committee for the Hillsborough Area-Orange County Strategic Growth Plan Phase II — New Appointments The Board considered making appointments to the Interlocal Agreement committee for the Hillsborough Area-Orange County Strategic Growth Plan Phase II. Chair Jacobs requested that he be on this committee again. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to appoint Chair Jacobs as the Board of County Commissioners Representative on the Interlocal Agreement Committee for the Hillsborough Area-Orange County Strategic Growth Plan Phase II. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve the following appointments to the Interlocal Agreement committee for the Hillsborough Area-Orange County Strategic Growth Plan Phase II: BOCC —Chair Jacobs Economic Development Commission — Kathleen Yarbrough Commission for the Environment— Hervey McIver At-Large — Renee Price ETJ —Craufurd Goodwin VOTE: UNANIMOUS d. Orange County Farmer's Market Interim Oversight Committee — New Appointments The Board considered making appointments to the Orange County Farmer's Market Interim Oversight Committee. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to appoint Joe Clayton, Eric Hallman, Barbara Marotto, Holly Reid, and Tom Stevens to the Orange County Farmer's Market Interim Oversight Committee. VOTE: UNANIMOUS 18 11. Information Items • Update on Orange and Alamance County Line Resolution • Potential Smith Middle School Artificial Surface Project Update 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Carey to adjourn the meeting at 9:38 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board 19