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HomeMy WebLinkAboutMinutes - 20050419 APPROVED 6/7/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 19, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 19, 2005 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser 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 Carey asked that item 6-a be moved to the beginning of the agenda and the Board agreed. 6a. Resolution of Recognition and Congratulations to the UNC Tar Heels on Winning the 2005 NCAA Men’s Basketball Championship The Board considered a resolution to recognize and congratulate the University of North Carolina Tar Heels on winning the 2005 National Collegiate Athletic Association (NCAA) Men’s Basketball Championship and authorizing the Chair to sign. Mr. Jerod Haase from the UNC coaching staff accepted the resolution on behalf of Roy Williams and the UNC Men’s Basketball Team. He thanked the County Commissioners for this resolution. He said that the media kept saying that the team was a collection of talent and that Illinois was the best team. He thinks that Coach Williams and the entire team proved that theory wrong and showed that Carolina was a great team. Commissioner Jacobs read the resolution. RESOLUTION OF RECOGNITION AND CONGRATULATIONS TO THE UNIVERSITY OF NORTH CAROLINA TAR HEELS ON WINNING THE 2005 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION MEN’S BASKETBALL CHAMPIONSHIP WHEREAS, on Monday, April 4, 2005, the University of North Carolina at Chapel Hill Tar Heels defeated the University of Illinois to win the National Collegiate Athletic Association’s Division I men’s basketball championship; and WHEREAS, with a score of 75 – 70, the UNC Basketball Team, Head Coach Roy Williams, his assistant coaches, and the players of the UNC-Chapel Hill basketball program embodied the true meaning of teamwork while demonstrating dignity, class and skill; and WHEREAS, the UNC-Chapel Hill basketball team, with a 33-4 season, marked its 16th appearance in the Final Four, an NCAA record and claimed the school’s fourth NCAA Men’s Championship; and WHEREAS, the Tar Heels were backed by thousands upon thousands of supporters, young and old, around the globe, who consider “Carolina Blue” their favorite color; and WHEREAS, for the people who call Orange County home and for their guests, the Tar Heels bring an even stronger meaning to the Visitor’s Bureau slogan, “You’ll be a fan for life”; and WHEREAS, by this 2005 victory, the Tar Heels have returned to the forefront of collegiate men’s basketball; and WHEREAS, the Tar Heels have brought honor upon themselves, the University of North Carolina, Orange County, and the State of North Carolina; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners hereby express congratulations to the University of North Carolina Tar Heels for winning the National Championship in the 2005 NCAA Division I Basketball Tournament. This the 19th day of April 2005. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve a resolution to recognize and congratulate the University of North Carolina Tar Heels on winning the 2005 National Collegiate Athletic Association (NCAA) Men’s Basketball Championship and authorize the Chair to sign. VOTE: UNANIMOUS Commissioner Halkiotis jokingly said that he hoped Carolina would continue to win because it is good for economic development. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Judge Joe Buckner said that he is here because Commissioner Halkiotis and staff have talked about recent events in Atlanta, Texas, and Illinois regarding security issues at judicial facilities. On behalf of the judges’ office, he has contacted stakeholders to convene a meeting – Sheriff Lindy Pendergrass, Clerk to the Superior Court, all of the judges, the District Attorney, the Public Offender, and some members of the Civil Bar. They have not convened yet. The areas the group will look at are current technologies and whether the safety procedures are adequate, emergency response, whether staffing levels are adequate, and whether all court personnel are properly trained. James Ward is a member of the Sons of the Confederate Veterans in Chapel Hill. He came before the Board with a proposed proclamation declaring the month of May as Confederate History Month. He read the proclamation, as follows: Whereas, on May 20, 1861 the State of North Carolina seceded from the Federal Union and became part of the Confederate States of America; and Whereas, at least 2000 men from Orange County fought for the Confederacy and a quarter of these died in defense of their homes; and Whereas, the women and children and elderly of Orange County suffered hardship and privation during this period; and Whereas, all citizens of Orange County should study the history of this period so they will have a better understanding of this tragic time, and Whereas, since every generation should honor the generations in their past it is only right and proper that we should officially recognize the sacrifice and fortitude of the people of Orange County who lived and died during the War Between the States. Therefore, we the Orange County Board of Commissioners do hereby proclaim the Month of May hereafter as Confederate History Month and proclaim that the First National Flag of the Confederacy be flown from the Courthouse on the 10th of that month. James Ward said that there were descendants of Confederate soldiers with him tonight. He said that there is much to be proud of in the history of Orange County during the years of 1861-1865. Many of these men left to fight and several hundred did not return. He said that Confederate Veterans used to be honored in almost every community in the south. They feel it is incumbent upon everyone to show respect for these veterans. He urged the County Commissioners to approve this proclamation. Garland Neville of 1550 Windy Ridge Road, Chapel Hill agreed with James Ward’s comments. He was raised in Carrboro and joined the Sons of the Confederate Veterans in Chapel Hill two years ago. His great uncle served and was captured and released after the war. He said that this was part of his heritage and he asked for the County Commissioners to consider this matter of the proclamation. David Patterson said that he is a native of Orange County and a direct descendant of John Patterson, who was one of the founders of Orange County. John Patterson was his great, great, great, great grandfather and two of his sons served in the Continental Army during the Revolutionary War. He spoke on behalf of John Patterson’s great-grandson, his great- grandfather, Robert Donald Patterson, who served in the Army of the Confederate States of America. He gave additional history of his ancestors. He said that these men did not fight for slavery, but for the rights of sovereign states that govern themselves. He would like to remember and honor these men by declaring the month of May as Confederate History Month in Orange County. Chair Carey said that the County Commissioners would take this under advisement. He agrees that all of the citizens of Orange County should study the history of this period. Mary Bushnell is a resident of Orange County and a member of the ChildSCope Advisory Committee. She said that ChildSCope includes programs for young children with mental health interventions. She said that she has been active in the schools and childcare organizations and issues, and she said that child mental health is a very important service. She said that Orange County was fortunate that the County Commissioners and the County government have made resources available for mental health initiatives. This has allowed programs to develop in Orange County that are proactive and meet the needs of the citizens. She made reference to the divestiture of the mental health system and the major changes that are about to happen in this system. She said that services for children may not be able to continue unless there are funds earmarked for this. She made reference to the packet, which had a chart showing the level of services that early childcare mental health interventions have provided. In the last year, over 1,000 individuals were served. Another chart showed the great increases in Spanish-speaking children that need services. At the present time, there is only one therapist in the program that works only ten hours a week and there is a waiting list of students. She said that the funds that are mentioned in the letter are in addition to the regular program service funds that come from the human resources budget. They are asking for the Board of County Commissioners to add this item to an agenda and earmark funds for the early childhood mental health program. Commissioner Halkiotis said that he and Chair Carey were the only two Commissioners that were present when ChildSCope was formed. He remembers being startled at the number of children in daycare who had been expelled from daycare services. He said that he and Commissioner Jacobs met with Ms. Bushnell this week with concerns. Club Nova also had concerns. He suggested having a work session dedicated to mental health reform issues and how this will impact agencies that have been established in Orange County for a long time. He said that they need to remove as much confusion as possible and give people assurances. He is worried because there is not anyone in Raleigh that really cares about what happens in Orange County when it comes to these programs. Chair Carey said that the County Commissioners are as concerned about the transition and the fear of mental health reform as the organizations are. He is the representative on the OPC LME Board and he said that they are working to make the transition as smooth as possible. He said that June 30th is not a drop-dead date. Myra Guinn-Summers said that she is part of the Advisory Council for Early Intervention, and she cares very deeply with regard to what happens to mental health programs for young children. She said that within OPC, it is her understanding that they did send out a request for proposal to ask for public bid on these early intervention programs and she was alarmed at this. She is not sure of the ramifications of this. She sees some of these programs being changed in spite of everyone’s efforts to keep them from changing. She met with the OPC administration several months ago to ask that a staff position be filled in the therapeutic classroom that serves the preschool children thrown out of daycare. The position has since been filled. She asked the County Commissioners to make a motion to preserve the funds needed for the transition of these programs, and earmark them specifically. She pointed out in the pie chart of the overall OPC services and that they are not requesting new funding of any kind, but these are funds that are allotted for mental health in Orange County, and they are requesting that 0.3% of these funds be earmarked for the transition and to preserve the programs. John Link made reference to the pie chart and said that the $1,268,000, which is Orange County’s contribution to OPC, is an appropriation from the Orange County budget ordinance solely enacted by the Board of County Commissioners. He recommends that if the steps they are proceeding with through OPC are not going to maintain the programs, then the Board can withhold funding until the transition and services are secure. He thinks it is important that all three counties go through the process of request for bids because they do not want to eliminate the chance of receiving federal or state funding for any one service. Commissioner Halkiotis said that he hoped that another Commissioner would accompany Chair Carey to meet with Representative Insko and Mr. Moseley because there is strength in numbers. They need to know that Orange County is going to do everything that it legally can do to make sure these programs are sustained. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Jacobs mentioned a couple of anniversaries. The first is the 10th anniversary of the Oklahoma City bombing. He said that it is unfortunate that a new era was ushered in of growing distrust in our own country. He noticed that some schools are giving bounties to students who turn in their fellow students for various infractions. The second anniversary is the 60th Annual Central Piedmont Jr. Livestock Sale, which is this week. The barbecue and awards are Thursday night at 5:00 p.m. It is also the 60th anniversary of the liberation of the concentration camps in Europe and the commemoration of the Holocaust. He said that it is important to remember how people can slip into demonizing others because of who they think they are and changing political policies based on that. Commissioner Jacobs said that this Saturday at 10:00 a.m., there is a State of the Environment summit at the Century Center in Carrboro. There is a light brunch at 9:30 a.m. Commissioner Jacobs asked John Link if someone had been assigned to put up a sign where the New Hope Preserve is going to go so that there can be an event to invite all of the stakeholders. John Link said that he would make sure this is done. Commissioner Foushee said that she attended the Cool Jazz Festival on Saturday. She thanked Lori Taft and her staff for the performances. She commended the Cedar Ridge High and Orange High jazz ensembles for good performances. Commissioner Foushee said that Social Services hosted the Region Three Cluster Group and there were four other counties represented (Durham, Rockingham, Lee, and Chatham Counties), and there were presentations from representatives from two counties – one presenting an initiative called Leading by Results and one presenting NC Fast, which is a new technology information system for tracking services. She hopes that NC Fast plays out better than NC Wise. She thanked the staff for representing Orange County at this meeting. Commissioner Halkiotis made reference to the Confederate History Month proclamation and said that this group also came last year and asked for this consideration. He requested that the County Commissioners follow up on the request for this year. He is not in favor of flying any flag on the courthouse other than the flag of the United States of America and the flag of North Carolina. However, he thinks there is an opportunity to look at what happened in 1861 in Orange County, because a lot of people suffered. He recommended that a group be put together to answer this request. Commissioner Halkiotis said that he attended the “Official for a Day” last week and was intrigued. There were high school students playing County Commissioners and department heads. Planning Director Craig Benedict’s son was there doing a presentation on Planning and Cooperative Extension Director Fletcher Barber’s son was the Chair of the County Commissioners. He encouraged the department heads to loosen up and be less stiff in presentations. He thanked the staff for putting this together. Commissioner Halkiotis asked if Assistant to the County Manager Greg Wilder could keep an eye out for legislation in Raleigh that has a mandate attached to it. The latest communication is from the NCACC dated April 7th talking about House Bill 894 to impose and advance a disposal fee on new and used mobile homes. The bill would also require counties to start on their comprehensive solid waste management plans and develop written plans for abandoned mobile homes. Commissioner Halkiotis said that there is a problem with the calendar. He asked the Clerk to poll every department head and find out when their advisory boards and councils meet. There are many conflicting meetings and sometimes the County Commissioners are supposed to be in two places at once. Commissioner Halkiotis made reference to an employee at the solid waste convenience center on NC 57 who said that there are problems with people coming in with their trash that are not from Orange County. He asked about getting a decal put in the tax bills to put on car windows so that the workers can see who has the right to deposit trash at the convenience centers. Commissioner Jacobs agreed with Commissioner Halkiotis about putting decals in with tax bills. More specifically, he suggested that citizens only get the decals after they pay their vehicle taxes. John Link said that they would follow up on this idea. Chair Carey also agreed with the idea of the decals. Commissioner Foushee said that she counts it a pleasure to serve on advisory boards and commissions, but it is difficult to maneuver her schedule. She wants to work on the scheduling of these meetings. Commissioner Gordon apologized for being late due to family business. She left messages on everyone’s cell phones. Commissioner Gordon reported that the Transportation Commissioner Gordon said that she attended a DOT meeting in Raleigh about Smith Level Road. There were many local representatives, including Verla Insko and Ellie Kinnaird. The meeting was regarding improvements on Smith Level Road. It is on the TIP at this time for a four-lane divided highway. The resolution was that Carrboro is going to go back to its board and ask if they would rather use the Moving Ahead funds set aside for Smith Level Road, which would complete half of the TIP project. The other option would be a two-lane road with a third lane in the middle for passing, which would not be completed until after 2010. Commissioner Gordon reported that the requests for the sidewalks on Homestead Road are going forward. Advisory Committee met recently and there will be a report from Karen Lincoln. She thinks it is important for the Board to get together some input on the TIP because the process will move rapidly. Commissioner Gordon also went to an Orange County Planning Board meeting and an Ag Preservation Board meeting. She heard a report that there are two thousand units in Orange County that are approved but not developed. Commissioner Gordon also went to the meeting of the three recreation boards – Chapel Hill, Carrboro, and Orange County. There was good attendance and each entity updated everyone on their activities. In terms of next steps, they are undertaking use of schools for recreation. They also mentioned the use of facilities in Orange County by citizens from Chatham County. Commissioner Gordon also went to a PPC meeting, and they gave updates on Southern Park. She mentioned Orange County’s concern about use of the park by Chatham County citizens. The Chapel Hill Town Council approved the changes to Southern Park and hope to have a special use permit soon. The aquatics center is also moving forward. Commissioner Gordon said that she noticed that Chatham County has increased its impact fees for schools for single-family homes from $1,500 to $2,900 and for multi-family apartments from $500 to $950. Chair Carey reported that the meeting room in the Southern Human Services Center is now outfitted with wireless network capabilities. Chair Carey said that this is the second time the Sons of the Confederate Veterans have come to ask the Board to adopt a proclamation and fly flags. He shares Commissioner Halkiotis’ concern about flying any flag other than the State, County, and National flags. He asked the Board to give a recommendation on how to respond. He thinks the group will come back every year to ask the Board to adopt the proclamation. He would discourage investing a lot of time and energy in County resources for this, however. He does recognize the value of history. Commissioner Halkiotis suggested referring this to the Human Rights and Relations Commission. Chair Carey said that the group wants the Board to take action. He asked that any suggestions be brought to him. Chair Carey reported that there was a County listening session at Pleasant Green Community Center recently. There was a small group in attendance. The County Commissioners will receive a copy of the summary of the meeting, along with the list of attendees. Commissioner Halkiotis said that he appreciates Chair Carey informing attendees of the listening sessions since all County Commissioners cannot attend these, because it would be considered an official meeting. The whole point of the listening sessions was to be informal. 4. County Manager’s Report John Link said that Commissioner Jacobs was making reference to anniversaries, so he wanted to mention that last week was the 60th anniversary of the death of Franklin D. Roosevelt. He said that regardless of one’s opinion of the politics, he thinks FDR was a person of great leadership and vision for this country. John Link recognized Economic Development Director Dianne Reid. Dianne Reid spoke about some of the economic development issues within the County. She said that most of the updates are in her monthly reports to the Economic Development Commission. There have been a few layoffs – GE is eliminating another 54 jobs, due to off- shoring, which brings their workforce down to 450; and UNC Healthcare has announced the elimination of 200 jobs (160 of those are currently vacant positions that will not be filled). There was a big bulge in retail sales due to the UNC Basketball championship. In Carrboro, at the corner of Rosemary Street and East Main Street, is a new coffee, tea, and treats shop. Main Street Properties is also looking at redeveloping the entire block that includes Performance Bicycle, the ArtsCenter, and the Cat’s Cradle. The mixed-use project would include a good bit of open space, a parking deck, and a retail area. A third Maple View Ice Cream store is opening across from Weaver Street Market at the former TV repair shop. A new Harris Teeter will also be developed on Jones Ferry Road, and the other store will be maintained. The Trading Post on S. Greensboro Street will be redeveloped also. In Chapel Hill, at Eastgate Shopping Center, there is considerable change. The former Amoco station will be a coffee shop. The Earthware shop, which is a natural food store, will be moving into the building formerly occupied by Southern Season. Great Outdoor Provision has moved in next to Talbot’s. Just last week, on 15/501 at Erwin and Sage Roads, the Chapel Hill Town Council approved development of 21 acres of a mixed-use project that would include homes, retail, and office. The hotel construction at the former Trailways bus station is underway. Rugby, which is a new division of Polo Ralph Lauren, has opened the second store in the country on Franklin Street. There is also a new restaurant coming in at Franklin and Columbia Streets. In Hillsborough, a Home Depot will be coming in at Hampton Pointe. This will be 102,000 square feet with another 28,000 for a garden center. There will be other small retail with about 54,000 square feet. There is a proposal pending for a Goodwill store that has not been approved yet. At Churton Grove, Vinny’s restaurant has opened and the State Employee’s Credit Union has opened. On S. Churton Street, the expansion of KFC is nearing completion and Wendy’s will also be expanding. On East King Street, the Vintage Reliable is opening and adding a tearoom. She understands that there will be a new restaurant in the James Pharmacy building. Several town boards are looking at a redevelopment for a project called South Churton near the river across from the courthouse, which would include retail and restaurant on the first floor, condo/office on the second floor, and condominium housing on the third floor. Also, in the paper today, there was an article that Waterstone was sold Friday from the Trump Group to Stratford NC, LLC. This is a Dallas-based company, and this will be their second project in North Carolina. Commissioner Halkiotis said that he witnessed the land clearing for the Home Depot. He said that years ago, he, Commissioner Jacobs, and Craig Benedict raised concerns about this area and the traffic issues. He is amazed that the Home Depot is going in and there will only be an extra 1/5 of a lane. He thinks it will be a giant mess. Dianne Reid reported that the staff took an EDC strategic plan to both of the Chambers of Commerce, the Town of Carrboro, and the Town of Hillsborough. They hope to take it to the Town of Chapel Hill soon. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from March 1 and March 15 (5:30 Work Session and 7:30 Regular Meeting) as submitted by the Clerk to the Board. b. Appointments – None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 100 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Tax Refund (Best vs. Orange County) The Board adopted a refund resolution, which is incorporated by reference, related to one (1) request for property tax refund in accordance with North Carolina General Statute 105- 381. e. Property Tax Release of Deferred Taxes (Best vs. Orange County) The Board adopted a resolution, which is incorporated by reference, to release property values related to one (1) request for property tax release on deferred taxes in accordance with North Carolina General Statute 105-381. f. Bid Award: Contract Award – Piggy-back of Bid for a 40 Cubic Yard, Front Loader Refuse Truck The Board awarded a contract for the purchase of a 40 Cubic Yard High Compaction Body Front Loader Refuse Truck from Heil Environmental Industries of Chattanooga Tennessee at a cost of $164,726 and authorized the Purchasing Director to execute the necessary paperwork. g. Update to Planning Board Rules of Procedure The Board approved revisions to the Planning Board Rules of Procedure to: 1) clarify the agenda setting process, 2) clarify when a member is officially separated from the Planning Board, 3) clarify Planning Board voting procedures; and other “cleanup”. h. Southern Human Services Center – Duke Power Right-of-Way This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: h. Southern Human Services Center – Duke Power Right-of-Way The Board considered approving right-of-way requested by Duke Power for new pole locations on the Southern Human Services Center property; and contingent upon staff and Attorney review, authorize the Chair to sign. Commissioner Gordon asked for an explanation on exactly where the right-of-way goes. She asked about the diagram. She asked if any potential building area would be infringed upon and Purchasing and Central Services Director Pam Jones said absolutely not. This right-of-way would line up the poles. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to grant the right-of-way as requested by Duke Power; and contingent upon staff and Attorney review, authorize the Chair to sign the agreement on behalf of the Board. VOTE: UNANIMOUS 6. Resolutions or Proclamations b. Resolution of Appreciation for Volunteers Serving on County Advisory Boards and Commissions The Board considered a resolution of appreciation for the volunteers who serve on County advisory boards and commissions and authorizing the Chair to sign. Commissioner Foushee read the resolution, which will be sent out to each volunteer along with a County umbrella. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a resolution of appreciation for the volunteers who serve on County advisory boards and commissions and authorize the Chair to sign. RESOLUTION VOLUNTEER RECOGNITION IN ORANGE COUNTY Whereas, the annual National Volunteer Week, a 32-year tradition, with a theme of “Inspire by Example!” will be April 17th – April 23rd, 2005; and Whereas, National Volunteer Week designates a special time to recognize and celebrate the tremendous efforts of volunteers and is held to recognize and celebrate the efforts of volunteers at the local, state and national levels; and Whereas, last year, nearly 90 million volunteers stepped forward to make our communities a better place to live; and Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other organizations to provide needed services to County residents; and, Whereas, volunteers have greatly contributed to the enrichment of our communities to help make Orange County a better place to live; and, Whereas, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cost effectiveness and efficiency of government operations; and, Whereas, the involvement of volunteers has strengthened and reinforced the democratic process by volunteers contributing their time to help address community challenges; and, Whereas, during April the Orange County Board of County Commissioners will show its appreciation to its dedicated volunteers by presenting each with a gift, Now, therefore, let it be resolved that the Orange County Board of Commissioners sincerely thanks its volunteers for their community spirit, expertise, dedication and commitment to the residents of Orange County and hereby recognizes the week of April 17th through April 23rd, 2005 as VOLUNTEER WEEK IN ORANGE COUNTY This the 19th day of April 2005 VOTE: UNANIMOUS c. Asian Pacific American History Month The Board considered proclaiming the month of May 2005 as Asian Pacific American History Month and authorizing the Chair to sign. Human Rights and Relations Director Milan Pham said that she is also Chair and President of Advocacy for North Carolina Asian Pacific Americans and she is also Asian American resident of Vietnamese descent. She introduced some North Carolina leaders of the Asian Pacific American community. She invited the County Commissioners to attend the first statewide conference on May 21st from 8:00 – 5:00 p.m. at the Southern Human Services Center. This will be in conjunction will several other national partners, in California and Washington, DC. There will be formal invitations. She read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to proclaim the month of May 2005 as Asian Pacific American History Month and authorize the Chair to sign. ORANGE COUNTY BOARD OF COMMISSIONERS Asian Pacific American History Month Proclamation WHEREAS, Asian Pacific Americans constitute a large and growing portion of the United States, North Carolina and Orange County population with the Triangle as a gateway for Asian American emigration and immigration; and WHEREAS, Asian Pacific Americans played important roles in the Civil Rights Movement, the Labor Movement, the Women’s Suffrage Movement and every other movement for progressive social change; and WHEREAS, Asian Pacific Americans across the United States went to bed hungry, lost land to the tax collector, worked to exhaustion and ill-health, faced pain and relocation, blasted the tunnels for the railroad, stooped over the short-handled hoe, and fought for a democracy that did not include them; and WHEREAS, Asian Pacific Americans from the Philippines in the Triangle area were part of the first identified and subordinated migrant farm workers in North Carolina; and WHEREAS, Asian Pacific American experiences and contributions are systematically excluded from the history of our nation and state; and WHEREAS, the Orange County Human Rights and Relations Commission and Department were instrumental in the development and creation of the first Pan-Asian advocacy organization in the State; and WHEREAS, without regard to their education or economic status, Asian Americans continue to be denied equal opportunity in employment, housing and public accommodations; and WHEREAS, despite the many generations Asian Americans have been citizens of the United States and without recognition of their accomplishments or sacrifices for this country, they continue to be viewed as perpetual foreigners; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim May 2005 as “ASIAN PACIFIC AMERICAN HISTORY MONTH” in Orange County and challenge our citizens to celebrate multiculturalism in our County by encouraging citizens to embrace our diversity. THISTHE 19TH DAY OF APRIL, 2005. VOTE: UNANIMOUS Commissioner Jacobs asked Milan Pham if she was planning to stay for the item on the housing plan, because at the Board of County Commissioners’ retreat, they reviewed materials about the report on Section 8 housing and discrimination issues regarding people using Section 8 housing. The County Commissioners had asked for a report on this and he would like to know the status of this. Milan Pham said that she has requested information from other human relations commissions on what they are currently doing in regards to discrimination of Section 8 housing. It is difficult to get information on this, and she hopes to have this by the end of the fiscal year. 7. Special Presentations a. Presentation: Cable Regulatory Update The Board received a presentation from Bob Sepe, Action Audits, LLC, consultant to the Triangle J Council of Governments (COG) Cable Consortium and provided any direction or feedback as desired. Gwen Harvey said that, by virtue of Orange County belonging to the Triangle J Cable Consortium, Bob Sepe is the consultant and made this presentation to the Triangle J Council of Governments. These are recent developments as it relates to regulatory provisions surrounding cable franchising. Bob Sepe made the PowerPoint presentation as shown below. Time Warner Cable Accounting Irregularities Time Warner to Settle SEC Charges WASHINGTON (Reuters) — Time Warner must pay $210 million to resolve criminal charges that its America Online unit fraudulently inflated revenue figures and that it would pay an additional $300 million to settle SEC charges. March 21, 2005 Time Warner to settle SEC charges  Stephen Cutler, the SEC's director of enforcement, said, "Our complaint against AOL Time Warner details a wide array of wrongdoing, including fraudulent round-trip transactions to inflate online advertising revenues, fraudulent inflation of AOL subscriber numbers, misapplication of accounting principles relating to AOL Europe, and participation in frauds against the shareholders of three other companies.“  As part of the agreement, Time Warner will neither admit nor deny the SEC's allegations. Rate Regulation History  In 1984 Congress deregulated cable TV rates and they skyrocketed.  In 1992, Congress reigned in cable companies by reintroducing rate regulation.  Local governments were given authority by Congress to review and approve local rates. Rate Regulation ->Social Contract  By 1994, over 900 rate complaints filed with FCC alleging Time Warner breached rate rules.  In 1995, the FCC agrees to dismiss rate complaints against Time Warner in exchange for a promise to upgrade its cable systems by deploying fiber-optic cable and implement advanced telecommunication services.  Time Warner agrees to these conditions, but tells the FCC that “it does not have the money.” Time Warner Collects Upgrade Money in Advance from Customers  FCC grants Time Warner authority to pre-capitalize the upgrade by collecting funds in advance of work. (per Social Contract)  TWC allowed to collect $180 from each enhanced basic cable customer during the 60 month period from 1996 to 2000.  Social Contract caps Time Warner upgrade recovery at $180 per customer. Time Warner Terminates Social Contract Cap  Summer 2000, Time Warner wiggles out of Social Contract $180/subscriber upgrade recovery ceiling.  In 2000, Time Warner implements FCC form 1235 monthly surcharge fee levied to recover balance of its upgrade investment. *Estimated Recovery for Select LFAs  * TWC refuses to provide financial information to the LFAs contrary to FCC rules. As such, these values are ‘estimates.’ Estimated Recovery for Select LFAs Conclusion  It appears that Time Warner Cable recovered more money from its customers than was invested to deploy fiber optic cable and perform the cable upgrade in each of the previous communities and perhaps others.  Without financial disclosure, the magnitude of any over recovery is unknown. TW Acts to Terminate Local Authority  July 2002, Time Warner files Petition for Special Relief with FCC to deregulated 33 local governments.  Time Warner asserted satellite subscribers in franchise areas exceed 15%.  August 2002, LFAs file opposition showing that Time Warner’s calculations are bogus. LFAs Challenge Cable Rates  2002 - 2003 Time Warner amends petition 4 times and introduces “new” computations.  LFAs counter by demonstrating that “new” computations are similarly flawed.  In 2001, 2003, 2004 & 2005, various NC LFAs challenge Time Warner’s rate filings based on improper interpretation and application of Federal law and FCC rate rules. Local Authority Terminated  Spring 2005, Time Warner’s attorneys lobby FCC to suspend local government rate-making authority.  March 11, 2005 – FCC’s Media Bureau grants Time Warner’s Petition.  TWC petitions FCC to make ruling retroactive to 2002.  Impact – LFA’s right to order refund of over collected upgrade monies is in jeopardy. Commissioner Halkiotis asked for a copy of this presentation as soon as possible. He said that this has been the history of big corporations. He thinks that it is despicable that the North Carolina Association of County Commissioners uses this group as a sponsoring group at some conferences. He also thinks it is despicable that even NACO has used them and that local agencies use them as sponsors in Orange County. He refuses to attend these functions. Commissioner Jacobs said that it might be appropriate to write a letter to NCACC to protest the use of Time Warner funds to sponsor the annual convention when they are stealing money from other constituent governments and customers. Commissioner Halkiotis seconded this. Commissioner Gordon said that it is a shame that this money has been collected and not properly utilized. She asked Bob Sepe what the Board should do. Bob Sepe said that he had suggested that the Board ask under their franchise authority and to bring it to the attention of the attorney general, and to contact the legislative delegation. It is his opinion that the question becomes who makes the laws - Congress or multi-national corporations. The answer seems to be the latter. The Board could, in a symbolic gesture, approve the rate order because they are opposing the decertification of Orange County. The rate order would deny Time Warner the ability to collect this money in the County. The Board agreed that it should approve the rate order. Chair Carey said that he is going to ask the staff to bring the rate order back for adoption as well as the letters, including this history of behavior. Bob Sepe said that there needs to be progress and the legislators need to weigh in and tell the FCC what is going on. Commissioner Halkiotis said that he will not hold his breath, but the Board needs to weigh in as much as possible and put it in writing. Commissioner Jacobs said that he has advocated getting the Dispute Settlement Center involved in this. He would like to put a time limit on this issue. Gwen Harvey said that the next session is scheduled for May and should be the final session. She thinks that they can be completed within this fiscal year. The Board agreed with setting a time limit at the end of this fiscal year. 8. Public Hearings a. Five-Year Public Housing Agency (PHA) Plan – Section 8 Housing Program The Board conducted a public hearing and considered approval of submission of the Five-Year Public Housing Agency (PHA) Plan for the Orange County Housing Authority and authorizing the Chair to sign the Certifications of Compliance/Board Resolution following completion by staff. Housing and Community Development Director Tara Fikes said that the U. S. Department of HUD requires all agencies operating the Section 8 housing trust voucher program to prepare a five-year Public Housing Agency plan and an annual plan. The last five- year plan was approved in January 2001, and the new plan is due in May. HUD provides a template for the plan, and the County’s proposed plan is provided with the abstract. HUD also requires that the County hold a public comment period for at least 45 days. There have been advertisements in the Chapel Hill Herald that the public comment period began on April 8th and will end on May 23rd. Any public comments received in writing or at the public hearing will be submitted along with the plan to the Greensboro HUD office. Tara Fikes highlighted some of the talking points about the current Section 8 program. The current budget for this fiscal year is $4.4 million. This is funding for housing subsidies as well as administrative costs. Under the new funding scheme, there is a cap on the available dollars in any given fiscal year. The program currently has 269 property owners participating in the program, and the majority is in the Chapel Hill/Carrboro area or southern Orange County. She gave other statistics about the program. The proposed plan does not contain any substantial changes. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to close the public hearing. The public comment period will remain open until May 23rd. VOTE: UNANIMOUS Commissioner Jacobs asked if this program was one of the programs that the Bush Administration was proposing to move and Tara Fikes said no. There is not a proposal to cut the program funds, but it will not grow. Commissioner Jacobs asked Tara Fikes to forward information about how the proposals would affect the housing programs in Orange County. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign the Certifications of Compliance/Board Resolution following completion by staff. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Contract with Robert S. Segal, CPA for School/County Efficiency Enhancements The Board considered receiving an update from the firm of Robert Segal, CPA, PA regarding findings to date from an examination of opportunities for achieving budgetary efficiencies in the operations of the two school systems and the County; and to consider approving a supplemental agreement with the Segal firm. Rod Visser said that the supplemental agreement would be a contract approved for an amount not to exceed $10,000 for the Segal firm to provide additional information to the Board about things that might not lend themselves to specific efficiency savings, but may be relevant information for the Board about various resources available to the school systems that do not fall within the area of the Educational Excellence Task Force. This was discussed in the fall, and a separate contract has been drawn up to reflect this. The items in the first contract related to efficiency. Bob Segal made reference to the letter from him dated April 14th. Regarding CHCCS, it could save $67,000 on telecommunication expense. The firm recovered $31,000 from the telephone company for a billing error. Regarding North Carolina Sales and Use Tax, the number has increased to $289,761. Regarding cash management, there is a $2,400 savings for the new account and another $2,400 for another account. Regarding OCS, there is no change to the e-rate filing. The same cash management concepts have been implemented, and the savings are not as large as CHCCS. Regarding Orange County Government, there has been $68,671 of additional sales tax through the reallocation process. Amended returns have resulted in another $49,219, and it has been reported but not processed. Regarding collaborative efforts, they are working on the vendor analysis. There was a meeting at the end of March with the County and the two school systems and they identified two areas for collaboration between the two school systems – copier contracts and workers compensation. In all of the discussions, it became evident that there are a lot more collaborative opportunities for the two school systems. They are still trying to evaluate the other opportunities. Commissioner Halkiotis said that Bob Segal has done a superb job, and he supports the additional work. He would like for Bob Segal to freelance and look at any and all possibilities that the two school systems, in conjunction with the County, can do together. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve a supplemental contract for an amount not to exceed $10,000 with the Segal firm that will provide additional information to the Board about things that might not lend themselves to specific efficiency savings, but may be relevant information for the Board about various resources available to the school systems that do not fall within the area of the Educational Excellence Task Force, subject to final review by the County Attorney; and to authorize the Chair to sign. VOTE: UNANIMOUS Commissioner Gordon asked about the sales tax for CHCCS. Bob Segal said that they audited the sales tax for CHCCS and found sales tax that was not claimed. He continued to explain how this money was found for the County. Chair Carey asked that item 9-c be moved up to the next item. c. Potential Maple View Soccer Field Project The Board considered action regarding a proposed soccer field on land leased at Maple View Farm. Environment and Resource Conservation Director Dave Stancil gave some background on this field, which is in the agenda abstract. Because of the higher-than-expected costs of construction, the County evaluated the project and the staff identified four options – no-build, re- bid with refinements and build, public-private partnership, or award matching grant and let others build. Things have changed since this evaluation. There are a number of new soccer fields being built within the County – Southern Park, Twin Creeks Park, and West Ten Soccer Complex. The staff noted that a re-bid of the project may not yield a lower cost estimate, and that it may still cost $200,000 or more to construct this field. He made reference to the attachment, Soccer Superfund Policy and Guidelines. He also made a correction in the financial impact section – the remaining funds in the Soccer Superfund are actually $1,025,000. Commissioner Jacobs thanked the Nutters for this very generous offer, but it is cost prohibitive. He said that it would seem with all of the other soccer fields that will be built, it would not be wise to pursue this standalone soccer field. He thinks it is appropriate to free the Nutters from their obligation to the County and encourage them to do something on it that will generate some taxes. Commissioner Halkiotis said that this was a classic example on the part of the Nutters to do something worthwhile for the community and, sincere on the part of the County Commissioners to do something in a reasonable fashion. This field was allowed to grow into something that was never envisioned. It was supposed to be a simple field, but it turned into a mega-field with irrigation systems and pumps. Chair Carey agreed with Commissioner Jacobs that, in view of the changed circumstances, they need to free the Nutters from their commitment and enable them to use the land for something else. Mr. Nutter asked about the well that was drilled by the County. David Stancil said that the well was drilled to figure out how much groundwater there would be to figure out how to write the specifications of the field. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to respectfully decline the Nutter’s offer of using their property to build a soccer field, and to address the well and any other issues that may have arisen as a result of the County’s intent. VOTE: Ayes, 4; No, 1 (Commissioner Halkiotis) b. Resolution on Participation in the Proposed Regional Transportation Development Plan (RTDP) The Board considered participation in a study, fully funded by the North Carolina Department of Transportation (NCDOT), to prepare a Regional Community Transportation Development Plan (RTDP) that will examine opportunities to better coordinate and possibly consolidate community transportation programs such as Orange Public Transportation (OPT) across the three counties – Durham, Orange, and Wake. John Link said that there have been two meetings of the Triangle County Board Chairs, in which they have discussed this topic. The Department of Transportation wants to encourage regional examination of how to improve the local community transportation systems. The resolution is clear that Orange County will examine the results of this study, as will Durham and Wake Counties, and the boards will decide what extent to pursue cooperation or coordination that the plan may identify. He pointed out that DOT has determined that the Orange County system is the much more efficient of the three. The staff recommends adoption of this resolution. The total funding comes from DOT for this study. Commissioner Gordon said that this is basically a follow up to a similar effort in the urban area systems. She would support this effort in the rural areas. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to participate in a study, fully funded by the North Carolina Department of Transportation (NCDOT), to prepare a Regional Community Transportation Development Plan (RTDP) that will examine opportunities to better coordinate and possibly consolidate community transportation programs such as Orange Public Transportation (OPT) across the three counties – Durham, Orange, and Wake. RESOLUTION ON TRIANGLE REGION COMMUNITY TRANSPORTATION DEVELOPMENT PLAN WHEREAS, Community transportation systems are expected to provide safe, efficient, and effective transportation services, with as little duplication as possible; and WHEREAS, The North Carolina Department of Transportation is committed to working with the counties of Durham, Orange, and Wake to improve the efficiency and effectiveness of their community transportation systems and to help provide increased mobility options for access to employment, education, medical, and general transportation; and WHEREAS, the North Carolina Department of Transportation will pay for the cost of a consultant to complete a Triangle Region Community Transportation Development Plan; and WHEREAS, the purpose of the Triangle Region Community Transportation Development Plan is to identify opportunities for regionalizing services among the community transportation systems in Durham, Orange, and Wake Counties and with urban and regional paratransit systems in the Triangle; and WHEREAS, Orange County will provide the staff resources and support as needed to participate in the development of the Triangle Region Community Transportation Development Plan; and WHEREAS, Orange County will consider recommendations in the Triangle Regional Community Transportation Development Plan when making future decisions concerning its community transportation system; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that Orange County wishes to participate in the development of the Triangle Regional Community Transportation Development Plan with the counties of Durham and Wake. Adopted this 19th day of April 2005. VOTE: UNANIMOUS d. Contract Approval: Solid Waste Administration Building Architect The Board considered approving a contract with Dixon Weinstein Architects, not to exceed $124,800, for design services associated with the construction of a building in which to locate the administrative offices of the Solid Waste Management Department and authorize the Chair to sign, subject to final review by staff and the County Attorney. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to award a contract with Dixon Weinstein Architects, not to exceed $124,800, for design services associated with the construction of a building in which to locate the administrative offices of the Solid Waste Management Department to be located on landfill property on Eubanks Road, Chapel Hill; and authorize the Chair to sign, subject to final review by staff and the County Attorney. VOTE:UNANIMOUS 10. Reports-NONE 11. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to go into closed session at 10:26 p.m. for the purpose of: a. “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 to purchase real property,” NCGS § 143-318.11(a)(5). VOTE: UNANIMOUS A motion was made by Chair Carey, seconded by Commissioner Jacobs to re-convene into regular session at 11:00 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Chair Carey, seconded by Commissioner Jacobs to adjourn the meeting at 11:00 pm. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board