HomeMy WebLinkAboutAgenda - 12-09-2003-8aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 9, 2003
Action Agenda
Item No. -~}
SUBJECT: MINUTES
DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING: (Y!N) No
ATTACHMENT (S): Under Separate Cover INFORMATION CONTACT:
Donna Baker, ext 2130
TELEPHONE NUMBERS:
Hillsborough 245-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
September 2, 2003
BOCC Regular Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION (S): Approve minutes as presented or as amended.
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2 DRAFT
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 September 2, 2003
7 7:30 p.m.
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10 The Orange County Board of Commissioners met for regular session on Tuesday, September 2,
11 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina,
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1.3 COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners
14 Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs
15 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Barhanian
16 COUNTY STAFF PRESENT: County Manager.lohn M. Link, Jr,, Assistant County
17 Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S, Baker (AII other staff
18 members will be identified appropriately below)
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20 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
21 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE
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24 1. ADDITIONS OR CHANGES TO THE AGENDA
25 Chair Brown asked to move item 6-b in front of presentations and make it before 6-a so
26 that the elementary children from New Hope Elementary who are visiting with us tonight for item
27 6-b would not have to stay up late.
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29 2. PUBLIC COMMENTS
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31 a. Matters not on the Printed Agenda -NONE
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33 b. Matters on the Printed Agenda
34 (These matters were considered when the Board addressed that item on the
35 agenda below.)
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37 3. BOARD COMMENTS
38 Commissioner Halkiotis had no comments.
39 Commissioner Carey asked the Board of County Commissioners to consider an item of
40 the school boards -truancy policies and how they relate to the OCJP board,
41 John Link will add this to the joint meeting with the school boards.
42 Commissioner Gordon reported that TTA had a board of trustee meeting recently and is
4.3 updating service standards, The TTA is moving forward with Phase I and discussing ways to
44 plan for Phase II,
45 Commissioner Gordon reported on the Triangle J COG Executive Committee meeting
46 and Hated they have moved to their new offices.
47 Commissioner Gordon said that Chair of the Durham County Commissioners, Ellen
48 Reckhow, and Triangle J Council of Governments are trying to get the three county
49 commissioner Chairs from Durham, Orange, and Wake Counties together, They are going to
50 have a meeting of the three Commissioners and staff an September 9`h, Chair Brown has
1 requested that she go to this meeting, and she will report back on this. The topic is gcing to be
2 air quality,.
3 Commissioner Jacobs said that the Human Services Advisory Council is having their
4 (arum an September 10`h at the Friday Center, and the topic is Fifty Years after Brown versus
5 Board of Education -How African Americans in Orange County are faring in Education, Health
6 Care, and Economic Opportunity,
7 Commissioner Jacobs represented the Board at the dedication of housing units at
8 Meadowmont that were provided by Orange Community Housing and Land Trust, He said that
9 it was gratifying to see affordable housing funds being used in the community. He said that
10 Arnie Katz, who has consulted with the County on the Northern Human Services Center on the
11 solar components, was there and pointed out that all housing units at Meadowmont and the
12 future ones done by EmPOWERment and by Habitat for Humanity in Orange County are being
1.3 done with an energy efficiency component,. This is unique in affordable housing in North
14 Carolina.
15 Commissioner Jacobs said that there was another Rural Planning Organization meeting,
16 which pairs Orange County with Moore, Lee, and Chatham Counties, They are going to try and
17 develop a joint proposal for the TIP,
18 Commissioner Jacobs said that he and Chair Brown met with the schools on August 27~"
19 and today to talk about smart growth principles for the proposed third/fifth high school,. They
20 hope to bring some specifics to the Board on September 16`h,
21 Commissioner Jacobs asked the Manager and the Personnel Director about having
22 Partners insurance, He said that a few years ago this was investigated, and we were told that
23 our insurance providers would not provide it. He read that Durham County's insurance
24 providers said that they would provide it. He would like to discuss this when the Board meets in
25 November to discuss employee benefits.
26 Chair Brown welcomed Ms. Waters' 4'h grade class from New Hope Elementary to the
27 meeting.
28 Chair Brawn announced that the County is having a rain barrel sale this Saturday,
29 September 6'h from 8-12 at the Eubanks Road Park and Ride lot,
30 Chair Brown said that she met today with the CHCCS board about the third high school.
31 She brought the documents Pram the meeting.
32 Chair Brawn mentioned a letter to the editor from Chris Moran, She said that the letter
3.3 conveyed the impressicn that somehow the County is not allowing people to get section 8
34 vouchers. She would be glad to write a letter to the editor correcting this misinformation.
35 Commissioner Carey said that there is a lot of misinformation about section 8 vouchers.
36 He said that there is a mistaken perception that if the County continues to allow people to sign
37 up for them, that somehow the County is going to get more federal funding to support them,
38 This is not true, He is not convinced that writing a letter to the newspaper is going to educate
39 everyone that needs to be educated. If the letter will help, then he will support it..
40 Commissioner Carey suggested drafting a letter and then sending it to all human
41 services agencies.
42 John Link said that the staff would assist with the letter,
4.3 Commissioner .)acobs asked Chair Brown to check to see if the administration is going
44 to cut section 8 housing and to include this in this letter.
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46 4. COUNTY MANAGER'S REPORT
47 John Link made reference to the Tight yellow memo, which is a response by
48 Superintendent Pedersen to the questions the Board had in what would be included in the 800-
49 student initial phase of the third high school and what core facilities would be included, This is
50 in response to item 1 discussed on August 19`h an addendum A that the school board submitted
1 to the Board to adopt, Further clarifications for addendum A will be submitted by staff on
2 September 16"'..
3 Commissioner Gordon asked if the school board has voted on this, She has not seen
4 any action from the school board. John Link will follow up on this.
5 Commissioner Halkiotis made reference to page two where it says, "athletic fields, one
6 non-football game/practice field with track (lights, bleachers, potentially synthetic grass)." He
7 asked if this was the main stadium field,. Chair Brawn said yes, but they are not excluding the
8 possibility of building a full stadium at some other location.
9 Commissioner Halkiotis would like to know the cost of this versus sodding the field. He
10 would also like to know the injury rate of playing on synthetic surfaces versus grass,
11 Commissioner Jacobs asked if the artificial surface was impervious.
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1.3 5. RESOLUTIONS OR PROCLAMATIONS
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15 a. Resolution of Appreciation -Kate Dixon
16 The Board considered a resolution of appreciation for Kate Dixon, who recently
17 resigned as Executive Director of the Triangle Land Conservancy (TLC) after 11 years.
18 Environment and Resource Conservation Director Dave Stancil recognized Kate
19 Dixon. He read the resolution.
20 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
21 to approve and authorize the Chair to sign the resolution as stated below:
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2.3 RESOLUTION OF APPRECIATION -KATE DIXON
24 WHEREAS, Kate Dixon served as the Executive Director of the Triangle Land Conservancy
25 (TLC) for 11 years before stepping down in June of this year to pursue other interests; and
26 WHEREAS, during her tenure leading TLC, the conservancy grew to over 2,000 members and
27 has been involved in the preservation of 5,335 acres across the region, and
28 WHEREAS, Kate has been a particular friend to conservation efforts in Orange County and the
29 Lands Legacy Program by her willingness to explore partnerships between land trusts and local
30 governments on projects such as Little River Regional Park and Steep Bottom Branch; and
31 WHEREAS, Kate Dixon's willingness to work collaboratively has also led to other joint project
32 opportunities that will be forthcoming between TLC and the Lands Legacy Program; and
33 WHEREAS, Kate Dixon's leadership role will be greatly missed at Triangle Land Conservancy;
34 NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners
35 expresses its deep and heartfelt affection for the work of Kate Dixon as Executive Director of the
36 Triangle Land Conservancy, and for her willingness to provide assistance and consider
37 partnerships with the County.
38 BE IT FURTHER RESOLVED that the Board wishes Ms. Dixon well in her future endeavors,
.39 and hopes that she will continue to work in conservation projects in the region and provide her
40 valuable expertise in other ways,
41 This the 2"d day of September, 2003,
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4.3 VOTE: Unanimous
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1 D. G. Martin, Interim Executive Director for Triangle Land Conservancy, made some
2 comments. He thanked the Board of County Commissioners and Kate Dixon, He is an Orange
3 County resident. He thanked the staff and said that the partnerships that have been cultivated
4 under Kate Dixon have inspired him, He looks forward to a continuing partnership with Orange
5 County in the future,
6 Kate Dixon thanked the Board, She said that she most enjoyed the partnership with
7 Orange County,
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9 b. Resolution -Purchase of Steep Bottom Branch Conservation Easement
10 The Board considered a resolution for the purchase of a conservation easement on
11 84 acres of an identified Natural Heritage site owned by Triangle Land Conservancy (TLC), as
12 part of the County's partnership with TLC on this project; authorize the County Attorney and
13 staff to purchase the conservation easement at a cost of $83,700, with the expedited transfer of
14 funds prior to December 31, 2003, submitting the final easement approval to the Board in early
I S 2004.
16 Rich Shaw with ERCD said that this is an important natural heritage site with the
17 New Hope Creek Watershed. It is located west of Old NC 86 and just north of the intersection
18 of Arthur Minnis Road and New Hope Church Road. The TLC owns two adjoining tracts totaling
19 64.7 acres -one that TLC has owned since 1997, and the other that TLC purchased recently
20 from Judge Stanley Peele and Mrs. Carolyn Peele. Orange County and TLC decided to share
21 the cost of purchasing the Peele tract with the County's share totaling a little over $89,000.
22 Since that time, an opportunity has arisen to expedite the installment payments, lowering the
23 County's cost to $83,700. For simplicity and consistency of ownership, TLC agreed to own the
24 property and convey a conservation easement to the County, The two tracts together will be
25 known as the Steep Bottom Branch Preserve.
26 A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
27 approve and authorize the Chair to sign the resolution as stated below, authorize the County
28 Attorney and staff to purchase the conservation easement of 64 acres owned by the Triangle
29 Land Conservancy at a cost of $83,700, with the expedited transfer of funds prior to December
30 31, 2003. The final easement will be submitted for official Board approval in early 2004,
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32 RESOLUTION FOR THE PURCHASE OF A CONSERVATION EASEMENT TO PROTECT
33 STEEP BOTTOM BRANCH NATURAL HERITAGE SITE
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35 WHEREAS, one of the primary goals of the Orange County Lands Legacy program, established
36 by the Board of County Commissioners in April 2000, is the protection of identified natural areas
37 that are part of the N.C. Natural Heritage Program, and
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39 WHEREAS, Triangle Land Conservancy (TLC), a private, non-profit land trust with like
40 conservation goals, acquired 29 acres of the Steep Bottom Branch Natural Heritage site in 1997
41 to help protect this site, and
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4.3 WHEREAS, in 2001, Judge and Mrs, Stanley Peele began discussions with Triangle Land
44 Conservancy and subsequently Orange County regarding preserving an adjoining 35-acre tract
45 in their ownership that also contained a portion of the Natural Heritage site, and
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47 WHEREAS, in 2002, TLC and the County agreed to jointly purchase the Peele property at a
48 bargain sale price, and
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1 WHEREAS, Tl_C and the County agreed to allow TLC to purchase the Peele property in late
2 2002 with a subsequent conservation easement granted to Orange County to reflect the joint
3 and strengthened protection for this site and the County's participation in the purchase, and
4
5 WHEREAS, Orange County and TLC have generally agreed on the language of said
6 conservation easement to be granted to the County, which will be executed following the final
7 installment payment for the Peele property, and
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9 WHEREAS, the joint acquisition of this property is exemplary of the County's ongoing
10 collaboration and partnership with Triangle Land Conservancy and other conservation
11 organizations.
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13 NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
14 agree to the future purchase of a conservation easement from Triangle Land Conservancy on
15 64 acres owned by TLC and known as Steep Bottom Branch Preserve, to be completed and
16 executed after the final installment payments of the property,
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18 BE IT FURTHER RESOLVED that, recognizing the need to fulfill its financial obligations far the
19 purchase of said easement, the County agrees to release funds in the amount of approximately
20 $84,000 designated for this project, contingent on the receipt of said easement from Triangle
21 Land Conservancy subsequent to the final installment payments.
22
23 This, the 2"d day of September, 2003
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25 VOTE: UNANIMOl.1S
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27 c. National 9-1-1 Day
28 The Board considered proclaiming the day of September 11, 2003 as National 9-1-1
29 Day in Orange County; and authorizing the Chair to sign,
30 EMS Director Nick Waters recognized the Orange County 911 Center,
31 He asked Jim Summey, a telecommunicator for Orange County, to read the proclamation. He
32 recognized his staff that was in attendance,
33 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis
34 to approve and authorize the Chair to sign the proclamation as stated below:
35
36 PROCLAMATION
37
3g NATIONAL 9-1-1 DAY
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41 Whereas, Thousands of dedicated individuals serve the citizens of the United
42 States, including Orange County, as 9-1-1 Telecommunicators; and
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44 Whereas, They answer the 9-1-1 calls for police, fire and emergency medical
45 services by dispatching the appropriate assistance as quickly as possible;
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48 Whereas, The Associated Public-Safety Communications Officers, Inc, and the
49 National Emergency Number Association have set aside the day of
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September 11, 2003 to recognize 9-1-1 and the crucial role it plays in the
protection of life and property; and
Whereas, The Orange County 9-1-1 Center answers over 650,000 phone calls and
initiates over 300,000 responses for citizens in their time of need;
Now, Therefore, We, the Orange County Board of Commissioners, hereby proclaim the
day of September 11, 2003 as "National 9-1-1 Day" in Orange County,
North Carolina in honor and recognition of Orange County's
Telecommunicators and the vital contributions they make to the safety
and well being of our citizens,
Adopted this 2"d day of September, 2003
VOTE: UNANIMOUS
Commissioner .lacobs said that he thought about this item more than any other item
on the agenda. He appreciates and admires our tele-communicators, He also thought about
September 11`h and in general, he hopes it does not become like Memorial Day where it is a
time for sales or for people to forget what happened, hie said that September 11'h is being used
as an excuse to diminish our civil liberties, and it is being used as an excuse to attack other
countries. He hopes that we cherish the memory of what this is about and we recognize the
coincidence of these numbers and safety officials that Icst their lives trying to help other pecple
on that day.
6. SPECIAL PRESENTATIONS
a. Homestead Park Aquatic Center.
The Board received a presentation from the Town of Chapel Hill officials on the
Homestead Park Aquatic Center Project, a joint venture of Orange County and the Town of
Chapel HiII and considered adoption of the conceptual plan and Water District, with a final report
to be brought back for action in late 2003,
Recreation and Parks Director Lori Taft introduced Kathryn Spatz, Chapel Hill Director of
Recreation and Parks.
Kathryn Spatz said that there are two tanks - a 25 meter by 25 yard lap pool and a warm
water family teaching pool, which is 10 yards by 25 yards. That is the main part of the building
and the rest is infrastructure support. This plan is similar to the aquatic facility at Pullen Park in
Raleigh. The source of funding is County bonds and Town bonds,
The project planning team voted unanimously to proceed with GGA in construction.
They believe that they are about 20 months from starting construction and 18 month from then
to opening the building.
Commissioner.lacobs said that they regarded this group as an outgrowth of the
Southern Park planning group that has been working with Chapel Hill. He said that he wculd be
glad to share the opportunity to work on this group with someone else.
Commissioner Gordon asked how this would fit with other pools in Chapel Hill and in
Orange County, Lori Taft said that she does not have a complete picture, She said that the
larger of the two pools should not compete with other pools such as the Spartsplex and it will
provide therapeutic recreation,
Chair Brown added that there is a need for an adult women's locker room as part of this
mix.
1 A motion was made by Commissioner Carey, seconded by Commissioner Halkiatis to
2 approve the conceptual plan.
3 VOTE: UNANIMOUS
4
5 b. Stillhouse Creek Wetlands Restoration Proiect
6 The Board received a presentation on the Stillhouse Creek Stream and Wetlands
7 Restoration Project, a joint venture of Orange County, the N.C. Wetlands Restoration Program
8 (Division of Environment and Natural Resources) and the U,S, Natural Resource Conservation
9 Service (NRCS)/ Orange Soil.
10 Chair Brown asked the visiting class from New Hope Elementary to come up front to sit
1 I and watch this presentation,
12 Dave Stancil gave an update on this project. Stillhouse Creek is in downtown
1.3 Hillsborough. It runs north to south to the Eno River and is between the Government Services
14 Center and the Sheriff's Office and new courthouse in Hillsborough. The wetlands restoration
15 project is a joint venture between Orange County, the Natural Resource Conservation Service
16 and Soil and Water District, and the North Carolina Wetlands Restoration Program (WRP),
17 Funding for the project is coming from WRP. The purpose of the project is to restore
18 streamside vegetation and minimize future erasion along the corridor from Margaret Lane to the
19 Eno River. Bids for the project will go out in October with construction to occur in mid to late
20 November, The construction will last about two weeks. Plantings of all native species would be
21 done in December and the project work should be completed by February.
22 He made reference to the 4`h grade class in attendance and said that this is a significant
2.3 opportunity for education. They plan to work with schools.
24 The final presentation of the conservation easement will be around the end of the year or
25 the first of next year.
26 Commissioner Jacobs asked about the 50-foot buffer, Dave Stancil said that this is
27 inside the town of Hillsborough. The buffer comes from the WRP.
28 Commissioner Gordon asked what would be done about the mosquitoes since
29 pesticides are prohibited and there would be standing water.. Dave Stancil said that is one of
30 the first things that came up with this and there may be modifications in the final language..
31 Ms. Waters, teacher of the 4~h grade class, said that they are planning a trip to
32 Hillsborough on September 25'h to visit this site and the native American plants and then they
33 will go back for work visits.
34 Commissioner Jacobs recognized Gail Hughes and Brent Bogue for working on this,
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36 c-1.Northern Muman Services Center
37 The Board received updated information on the progress regarding the Northern Human
38 Services Center at Cedar Grove and provided staff guidance and direction on how to proceed
39 with finalization of building improvements.
40 Assistant County Manager Gwen Harvey said that the Board asked for an update on
41 what has been developing on the building improvements, She made reference to the detailed
42 memo in the packet, She recognized the staff that have been working on this project, The main
43 points of the memo are as follows:
44 Infrastructure - no confirmation from State with plan to pursue conventional or alternative
45 system improvements,
46 New well distribution system
47 Signage -approval far a transitional sign -electric versus solar
48 Cafeteria and kitchen -community wanted this more serviceable -full service versus
49 catering kitchen with a max occupancy of 375
50 Breezeway
51 Ceramic studio
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• Computer classroom
• Public library -mini branch
• Parking lot on the south side not as far along as hoped; DOT grant applied for
• Replacement of HVAC system
• Windows, doors, floors
• Next steps -Closing on property across from NC 86, interim signage installed,
conventional or innovative sewer system decision, address price tag
Commissioner Halkiotis commented that this has been a longstanding labor of love. He
would like to go on record to say that he is pleased with this floor plan and this one makes the
most sense.. He hopes that we lock this in, He likes the flex space. He hopes that the pottery
aspect will be enjoyed by all.
Commissioner Carey commended the staff for getting to this point and he likes the
conceptual plan. He asked to whom we are applying for grants for the septic system and Gwen
Harvey said to the State Energy Office Sustainable Community Development Project.
Commissioner Carey asked about the northern citizens and if they have had an
opportunity to review this plan.. Gwen Harvey said that they have not brought it to them yet, but
it will be taken to them. Commissioner Carey said that he would like to know what they think.
Commissioner Jacobs agreed with Commissioner Carey and Commissioner Halkiotis
about the plan. He made reference to page six and the additional items. He said that the only
mention of solar design is the breezeway enclosure. He asked where we stood on this..
Purchasing and Central Services Director Pam .loves said that Innovative Design will
have their report in October.
Commissioner Halkiotis added that when they met with Mike Nicholas from the group in
Raleigh, he was going to look at the building and see what opportunities it afforded for
alternatives in addition to the traditional power plant.
Commissioner Jacobs asked about what County buildings have a lighted sign and why
this needs one. Pam Jones said that a lighted sign out there would be helpful because there
are not any other lights out there. They looked at the solar option to run the sign and it was
$5,000. There might be some opportunities to get a grant. They opted with the electric, route for
now.
Chair Brown said that they have been working on this sign and this would be large
enough to advertise classes, community meetings, etc.
Commissioner.lacobs said that he would like to ask the community if they would like to
turn the lights on the sign off at a certain time.
The Board received a presentation and reviewed plans for the creation of a Park Master
Plan far the Northern (Human Services Center) Park at Cedar Grove; and considered adopting
a Preliminary Concept Plan for the Park, with revisions as deemed appropriate, to be used in
the Master Plan process.
Dave Stancil said that the process calls for a series of community meetings and they
recognize this will require extensive advertising. A set of guidelines and operating principles
was adapted in June and Chair Brown and Commissioner Halkiotis have been designated to
lead this effort.
The adoption of a preliminary plan is part of the process. The pre-concept plan tries tc
use the existing features on the property. The idea is that this will be a framework far further
elaboration on park facilities. Topographic and archeological surveys are underway and the
results shculd be ready for the initial community meeting in October.
Commissioner Gordon asked about the septic area and if the whole 12 acres would be
taken up by the septic system. Dave Stancil said that they will use about seven acres for the
I septic system. Commissioner Gordon hopes that if the septic system does not use up the entire
2 site, that other uses be considered.
3 Ron Holdway said that they are waiting an the contour survey and they will do a line by
4 line layout of the system, They will have an exact measurement at that point. They will try to
5 use the property efficiently.
6 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
7 adopt a preliminary concept plan for the park to be used in the master plan process,
8 VOTE: UNANIMOUS
9
10 7. PUBLIC HEARINGS
11 a. Orange County Housing Rehabilitation CDBG Program
12 The Board received comments from the public concerning the FY 2004 Housing
13 Rehabilitation Program for Orange County; and considered authorizing the staff to proceed with
14 application development.
15 Housing and Community Development Director Tara Fikes said that Orange County was
16 recently notified by the North Carolina Department of Commerce that they were awarded
17 $400,000 in rehabilitation funds far fiscal year 2004. Orange County also received an award in
18 2001, They have used the money to rehabilitate 13 houses (four in Carrboro, four in
19 Hillsborough, and the other five in the County). They have more money allotted to them this
20 year„ The State requires that there be a public hearing prior to developing the formal application
21 document and then another public hearing after the document has been prepared, The
22 application is due on October 24~h. They hope to repair 14-15 homes with this new allocation,
2.3 Commissioner Jacobs asked if this was the money that they discussed using for indoor
24 plumbing and Tara Fikes said yes, They were able to address some septic system failures with
25 the allocations, None of the houses lacked plumbing totally.
26 Commissioner Jacobs would like a clearer view of who is out there and what condition
27 their housing is in. He would like to have the Affordable Housing Advisory Board to develop a
28 comprehensive picture to address this short term or Tong term. He thinks that there are some
29 people out there without indoor plumbing.
30 There was no one signed up to speak to this item,.
31 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
32 close the public hearing.
33 VOTE: UNANIMOUS
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35 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
36 authorize the staff to proceed with application development.
37 VOTE: UNANIMOUS
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40 8. ITEMS FOR DECISION--CONSENT AGENDA
41 A motion was made by Commissioner.lacobs, seconded by Commissioner Halkiotis to
42 approve those items on the consent agenda as stated below:
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44 a. Minutes
45 This item was removed and placed at the end of the consent agenda for separate
46 consideration,
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48 b. Appointments
49 (1) Economic Development Commission
50 The Board appointed Susan Lombardo, member at-large, to a first full term to
51 expire June 30, 2006; Russell Seibert, member at-large, to a second term to expire June
to
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30, 2006; Eric B. Tillman, member at-large, to a first full term to expire .tune 30, 2006;
and .)ohn Herrera, Carrboro Board of Aldermen, to a first full term to expire June 30,
2006 to the Orange County Economic Development Commission.
c. Change in BOCC Regular Meeting Schedule
The Board amended its regular meeting calendar by changing the date/location of
the following meetings:
-Monday, September 15, 2003 -Work Session -the BOCC changed the location of
this work session at its August 19, 2003 regular meeting, from the Government Services
Center tc the Superior Courtroom. Since that meeting, the Clerk to the Board met with
the Clerk of Court about audio and/or public television recording capabilities, and these
do not exist in this courtroom (not wired for this).
The BOCC changed the location of the September 15, 2003 work session to the F.
Gordon Battle Courtroom (and the Clerk will contact the Public Works Department for
assistance in handling the overflow).
- BOCC/Planning Board Dinner -the Board changed the date from September 15,
2003 at 5:30 p.m. to November 24, 2003 at 5:30 p.m. at the Government Services
Center (prior to the Quarterly Public Hearing) in Hillsborough, North Carolina. This is
due to the change of the September 15, 2003 work session from the Government
Services Center to the Courthouse.
d.
was
at the end of the consent agenda for separate
consideration..
e. Acceptance of Grant for Citizen Corps Council Establishment and Recruitment
This item was removed and placed at the end of the consent agenda for separate
consideration.
f. Acceptance of Grant to Establish a Community Emergency Response Team
was removed and placed at the end of the consent agenda for separate
consideration.
g, Housing Rehabilitation Contract Award
The Board awarded a housing rehabilitation contract to 523 Watson Road, Efland, in
the amount of $27,677 with Triple J Construction Company as the contractor.
h. Bid Award: Crawler Dozer for Orange County Landfill
This item was removed and placed at the end of the consent agenda for separate
consideration.
i. Budget Amendment #2
This item was removed and placed at the end of the consent agenda for separate
consideration.
L Contract Extension with the APS for Operation of the Orange County Animal
Shelter
This item was removed and placed at the end of the consent agenda for separate
consideration..
ITEMS REMOVED FROM CONSENT AGENDA
a. Minutes
The Board considered approval and/or correction of minutes from the following
meetings:
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May 20, 2003 BOCC Regular Meeting
June 5, 2003 BOCC Budget Public Hearing
June 10, 2003 BOCC Budget Work Session
.June 12, 2003 BOCC Budget Work Session
June 16, 2003 BOCC Budget Work Session
A motion was made by Commissioner Gordon to approve the minutes from May
20'h, June 5`", and June 10'h and hold the minutes for June 12'h and June 16'h for
consideration on September 16'h, This is because she suggested some changes and
the Clerk was not able to finish them.
The motion failed for lack of a second.
A motion was made by Commissioner Jacobs, seconded by Commissioner
Halkiatis to approve all of the minutes as listed above.,
Commissioner Gordon made reference to the correction sheet for the minutes
that was not quite finished.
Commissioner Halkiotis said that he thought we had a process for taking care of
minutes so they did not have to get into lengthy discussions during regular meeting
times.
Commissioner Jacobs said that he would be willing to accept the editorial
changes by reference.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
d. Classification Plan Amendment -Conservation Technician
The Board considered amending the Orange County Classification and Pay Plan
by adding the new class of Parks Conservation Technician at Salary Grade 12. The
salary range for Salary Grade 12 is $28,367 - $45,349..
There was a handout for this. Commissioner Gordon said that the difference is
that it is a Parks Conservation Technician instead of a Conservation Technician.
A motion was made by Commissioner Gordon, seconded by Commissioner
Jacobs to approve amending the Classification and Pay Plan by adding the new class of
Parks Conservation Technician at Salary Grade 12.
VOTE: UNANIMOUS
e. Acceptance of Grant for Citizen Corps Council Establishment and
Recruitment
The Board considered formally accepting federal pass-through grant funds in the
amount of $2,500 awarded through the Office of the Governor to establish a Citizen
Corps Council for Orange County and to develop emergency preparedness informational
materials; and authorizing the Emergency Management Director to sign the grant
guidelines and grant related materials; and authorizing the Emergency Management
Specialist to be the point of contact for the program.
Commissioner Gordon asked about the dollar amount for the Citizen Corps and
said that it seemed low. She would Tike to coordinate this item and item f together, the
Citizen Corps and the Grant to Establish an Emergency Response Program. She asked
if it was necessary to from a new group.
EMS Director Nick Waters said that this is a way of using people that want to
become involved in Emergency Management Services. This is a corps group that the
12
1 State and Federal government recommended that every county have. He said that they
2 do not control the fund amounts,
3 Commissioner Jacobs asked where we stood on putting Spanish language signs
4 up in County buildings, Commissioner Halkiotis said that there is limited signage in
5 Spanish in the Government Services Center and it might be good to get feedback from
6 the Register of Deeds and the Tax Office on how this is working out.
7 John Link said that they will come back with an assessment of this.
8 Chair Brown would like to add in that the staff would bring back the goals that this
9 group adopts and to give an update every year.
10 A motion was made by Chair Brown, seconded by Gommissianer Halkiotis tc
11 accept the Grant Award, authorize the Emergency Management Director to sign the
12 grant guidelines and grant related materials, and authorize the Emergency Management
13 Specialist to be the paint of contact for the program, with the revisions as stated by Chair
14 Brown.
15 VOTE: UNANIMOUS
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17 f. Acceptance of Grant to Establish a Community Emergency Response Team
18 Program within the County
19 The Board considered accepting a federal grant in the amount of $10,000 to
20 establish a Community Emergency Response Team (CERT) program within Orange
21 County; authorizing the Emergency Management Director to sign the Memorandum of
22 Understanding, and allowing the Emergency Management Specialist to be designated
23 as the point of contact for the program,
24 Commissioner Gordon asked about the budget far this and said that she would
25 like a copy of it, She was not sure why it cost $10,000, John Link said that they would
26 provide a detail line item,
27 A motion was made by Commissioner Jacobs, seconded by Commissioner
28 Halkiotis to accept the Grant Award, authorize the Emergency Management Director to
29 sign the Memorandum of Understanding, and allow the Emergency Management
30 Specialist to be designated as the point of contact for the program..
31 Chair Brown asked to include the caveat concerning the $10,000 and to bring
32 back the results of the training outcomes, This was added to the motion.
3:3 VOTE: UNANIMOUS
34
35 h. Bid Award: Crawler Dozer for Orange County Landfill
36 The Board considered awarding a bid to Gregory Poole of Raleigh, NC for a
37 Crawler Dozer for the Orange County Landfill, bid number 246, at a delivered cost of
38 $308,451; authorizing the Purchasing Director to execute the necessary paperwork; and
39 authorizing the Finance Director tc solicit and execute all administrative action and
40 documents associated with completing an appropriate installment financing agreement
41 for this equipment with a local financial institution,
42 Commissioner Gordon asked about the total cost for the installment purchase
43 and the debt service payments, She asked if it would be paid off at the end of the five
44 years and how much more it would cost than $308,451, Assistant County Manager Rod
45 Visser said that the installment financing would be paid off in five years. He does not
46 have the exact amounts for the interest payments, but it is around $65-70,000.
47 A motion was made by Commissioner Jacobs, seconded by Commissioner
48 Halkiotis to award bid number 246 to Gregory Poole Equipment Company of Raleigh,
49 North Carolina at a delivered cost of $308,451; authorize the Purchasing Director to
50 execute the necessary paperwork; and authorize the Finance Director to solicit and
51 execute all the administrative actions and documents associated with completing an
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2 institution.
3 VOTE: UNANIMOUS
4
5 i. Budget Amendment #2
6 The Board considered approving budget ordinance amendments for fiscal year
7 2003-04.
8 Commissioner Jacobs pointed out that item number 2, Human Services and non-
9 departmental, is an application of monies that this Board set aside at the end of last
10 fiscal year for this fiscal year understanding that there would be shortfalls in funding far
11 Human Services.. He also pointed out the third item, that the Sheriff's department will
12 now have the capability to catch speeders, He would like the Sheriff to spend more time
1.3 on Old NC 86, which is a dangerous road when people travel at a speed of 60-70 miles
14 an hour.
15 A motion was made by Commissioner Halkiotis, seconded by Commissioner
16 Carey to approve the budget ordinance amendments for Library Services, Human
17 Services Non-Departmental, Sheriff's Department, Emergency Management,
18 Department of Social Services, Orange Public Transportation, and Purchasing/Central
19 Services.
20 VOTE: UNANIMOUS
21
22 L Contract Extension with the APS for Operation of the Orange County
23 Animal Shelter
24 The Board considered authorizing continuation of the current contract with the
25 Animal Protection Society (APS) for operation of the Orange County Animal Shelter until
26 such time as the Board of County Commissioners elects otherwise, acknowledging that
27 this action shall extend the subject contract through, at minimum, October 31, 2003; and
28 authorizing the County Manager to provide written notice to APS of the renewal of the
29 contract with APS as provided in the contract addendum until further action by the
30 Board.
.31 Commissioner Carey said that he pulled this to make a suggestion to the Board,
32 He thanked the Board for videotaping the report presentation because he could not
33 attend it. He said that there were some good recommendations made by HSUS, and
34 one was for a task force. He suggested that the Board consider extending the contract
:35 to December 31, 2003 instead of October 31, 2003. This comes with the caveat that we
36 expect APS to focus on addressing some of the issues raised in the report as well as
37 before the report.
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39 Public Comment:
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41 Beverly Rockhill, Professor of Cancer Epidemiology at UNC, said that should the
42 current APS lose its contract with Orange County, there will be volunteers to work with
4.3 the new organization, She believes that there will be far more volunteers than currently
44 are at APS. She is no longer a volunteer at APS by her own choice.. She will not be
45 volunteering at the facility again until it is under new management. She said that the
46 shelter is in disarray and disorganization and that there is apathy and occasional hostility
47 existing among those empowered at APS, She has volunteered far animal organizations
48 for the last 14 years and she is a lifetime member of APS, She asked the Board to keep
49 in mind a statement in the HSUS report regarding the removing of voting rights last
50 November, She quoted from the report as follows: "Several members of the APS Board
51 and staff reported to the HSUS that there had never been active participation by the
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I membership and that the annual meeting was historically attended by the board, staff
2 members, and very few others." She said that voting rights were removed from
3 members at the point in APS history where members were poised to use them. She
4 wants this County to have the best animal shelter possible. She said that she is
5 ashamed to live in a community where certain members of the APS leadership engage
6 in slight of hand and deceit with their trusting, well-intentioned, and donating members.
7 She noted that the last APS Board meeting lasted 14 minutes, with a quick retreat into
8 executive session to avoid pertinent questions from the appearing public. She said that
9 the current leadership was slowly ruining this organization and betraying the members,
10 Chair Brown asked for a copy of her statement,
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12 Elliot Cramer said that HSUS did a good job for the County. He said that the
1.3 many problems HSUS noted at the shelter have nothing to do with money and have little
14 to do with the physical facility,. He made reference to the letter he wrote to Kate Pullen
15 from HSUS about the principal faults of the current management, He said that he has
16 not had time to produce a detailed budget as requested by Dr, Klein (Board of Health),
17 but he shall do so within seven days and in consultation with knowledgeable animal care
18 professionals in the area. He said that the budget provided in the interim report grossly
19 inflates the cost to the County. He said that the Piedmont Animal Welfare Society
20 pledges to solicit volunteers and contributions, believing that a well run County shelter
21 will easily obtain public support, He hopes that APS can continue as an organization,
22 supplementing the services of the County run shelter with a low cost spay/neuter
23 program, animal fostering, and the dog park and dog training operation. He wishes the
24 people could be out of the shelter tomorrow.
25 Bonnie Norwood said that she appreciates the HSUS report. She believes that
26 the report and the public outcry shows that there are a lot of problems. She is opposed
27 to the extension of the contract.
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29 Commissioner .lacobs asked Jahn Link about not extending the contract and who
30 would operate the shelter..lohn Link said that it would take 4-5 months far the County to
31 assume operation of the animal shelter. This is based on the experience of the
32 assumption of solid waste operations from Chapel Hill to the County and the emergency
33 response for transportation from the rescue squads. He said that the budget is based on
34 full operation of the animal shelter and is an the high end. He said that the $700,000
35 could be reduced, but there is no guarantee.. He said that it will take as many staff if not
36 mare staff to operate the shelter than are there now.
37 Commissioner Halkiotis said that he thinks that when we took over solid waste
38 operation, there was a lot of lead time before they gat into it, The Board has not even
39 discussed where the shelter will fit in with County government. He thinks that the
40 biggest mistake would be to take this and make it bureaucratic. He thinks a month to
41 month renewal is fine.
42 Commissioner Carey said that he understands what his colleagues have said but
43 he just wanted to save time for them and recognize that it will take months to make a
44 decision about this..
45 Chair Brown clarified that this will be month to month and will not come back to
46 the Board unless they want it to,
47 The Board will have time to ask questions on September i6~h at the staff analysis
48 of the HSUS report, the public hearing on September 18'h, and work sessions on
49 October 21 s` or November 5'h..
50 A motion was made by Commissioner Carey, seconded by Commissioner
51 Gordon to authorize continuation of the current contract with the Animal Protection
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Society (APS) for operation of the Orange County Animal Shelter until such time as the
Board of County Commissioners elects otherwise, acknowledging that this action shall
extend the subject contract through, at minimum, October 31, 2003; and to authorize the
County Manager to provide written notice to APS of the renewal of the contract with APS
as provided in the contract addendum until further action by the Board,
VOTE: UNANIMOUS
9. ITEMS FOR DECISION--REGULAR AGENDA
a.
The Board reviewed and considered approval of the first reading of a cable franchise
renewal ordinance (agreement) with Time Warner Entertainment/Advance-Newhouse
Partnership, as recommended by the Orange County Cable Advisory Committee, in
conjunction with the Triangle J Cable Consortium consultant collaborative; and
considered a second reading and formal adoption of the cable television franchise
ordinance to be scheduled for the Board's next meeting on September 15'h.
John Link said that the Cable Advisory Committee has worked to put forth
information for the franchise agreement. He made reference to the letter from Time
Warner's attorney and said that he would urge the Board to be proactive and to pursue
what it thinks would be important as items in a franchise to serve the citizens of Orange
County and then let the chips fall where they may as it relates to the response Pram Time
Warner,
Commissioner Carey said that he wants to make responses after the committee
members make their comments. He is very upset about the letter from Time Warner,
He wished that representatives from Time Warner cculd be in attendance tonight.
Michael Patrick, Chair of the Cable Advisory Committee, gave a short history of this
process. Around 1995, informal negotiations began between Orange County and Time
Warner that lasted far about a year and a half, There was a negotiation committee
separate from the advisory committee and there were several meetings with Time
Warner representatives that were unproductive. Triangle .1 then started its own
negotiations on a region-wide basis and Orange County joined in the process, Triangle
J then came up with a model franchise that was supposedly agreed upon between
Triangle J and Time Warner to take back the local franchising authorities, The advisory
committee had a few concerns about the model and began tweaking it in 2000. Starting
in 2001, Orange County tried to communicate with Time Warner and received no
response. At the beginning of 2002, the committee came to the Board to try and get the
ball moving and Gwen Harvey tried to communicate with Time Warner. They eventually
convened same meetings with Time Warner and Time Warner said that they did not like
the Triangle J model franchise and they provided an agreement that stripped out any
obligation to do a number of things that are important, The committee did not agree with
this and they do not know what Time Warner is going to do, He said that they are not
going to get anywhere until they force the issue, and this is what they are asking the
Board to dc,
Particularly, the density issue has always been important in Orange County. Under
the existing ordinance, the obligation of the franchising authority to extend service is at
21 homes per mile. Triangle J proposed 30 homes per mile.. The committee felt that the
extension obligation should be 18 homes per mile in order to serve the unincorporated
areas of the County. Time Warner says that it does not want to have the obligation to
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extend service except when it feels like it, essentially, Time Warner wants no density
obligation in Orange County.
There are also a couple of important funding mechanisms that would come out of the
Triangle J agreement with Time Warner, One would provide a capital access fee and
another would be an operating subsidy that would allow the County Commissioners to
impose up to 60 cents per month for operating subsidies for public and educational
access channels and also a capital access fee, Triangle .1 negotiated an arrangement a
few years ago, and now Time Warner said that it does not want to have anything like
that.
Finally, there were negotiations between Triangle J and Time Warner regarding data
transport and some access to Internet data transport for the governmental authorities.
Time Warner took the position that it has already built its system and Triangle J was
under the assumption that there would be further construction, They suggested that the
County be given a discounted rate to allow the Raad Runner system. The committee
thought that this was a goad idea and adopted this suggestion.
The bottom line is that the committee is confident that what Time Warner wants is
not what the Board of County Commissioners would want. They are proposing to go
back to something very similar to the Triangle J proposal that Time Warner said that it
could live with a few years ago, They are asking the Board to adopt this proposal.. He
does not think that any informal negotiations would be useful.
Commissioner Carey said that he thinks that the committee is doing right by forcing
the issue, He said that the only way that we can get Time Warner to publicly state
where it wants to go is to approve this document on first reading and have a public
hearing and consider it again next month, He encouraged the Board to approve the
second part of the recommendation, which would result in televising meetings on both
ends of the Caunty permanently.
Commissioner Halkiotis thanked Michael Patrick for his work. He is ready to move
on with this.
Commissioner Jacobs asked what was meant by an "informal negotiation" versus a
"formal negotiation," Michael Patrick said that an informal negotiation is that the County
and Time Warner try to meet and work out their differences, This is what Triangle J did,
This is where you "strike a deal" over the re-franchise, There is a federal regulatory
system for formal negotiations where there are public hearings and other formal factors.
The County will probably engage in formal negotiations if Time Warner does not agree
with what the County needs in this situation,
Commissioner .lacobs agrees with making it a formal process,
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis
to:
1) Approve the first reading of the Cable Television Franchise Ordinance as
proposed by the negotiating team and approved by the Cable Advisory Committee, A
second reading and formal adoption of the cable television franchise ordinance would
then be scheduled for the Board next meeting on September 16'h.
The County Attorney has advised that the Board may elect to conduct a public
hearing before it takes action on the second reading of the ordinance. If the Board
elects to do sc, the procedure on September 16'" would be to conduct a public hearing
first, and then consider second reading with possible adoption of the
ordinance/agreement as the following step.
2) Appoint a special technical consulting committee to review and provide
recommendations to the Board on a video production plan to equip both meeting rooms
- Hillsborough and Chapel Hill -for live public telecasts.
17
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John Link suggested that the Board hold open the option of having the public hearing
on September 16' or, if necessary, October i S', based on the content of the agendas.
Commissioner Carey amended the motion to say September 16'h or October 15`.
Commissioner Halkiotis agreed as the second.
VOTE: UNANIMOUS
b. Chapel Hill-Carrboro Chamber of Commerce -Council on a Sustainable
Community
The Board considered appointing a County Commissioner or other appropriate
representative to serve on the newly-formed Council on a Sustainable Community,
sponsored by the Chapel Hill-Carrboro Chamber of Commerce.
Commissioner Jacobs volunteered.
Chair Brown suggested that Economic Development Director Dianne Reid bring back
reports. Commissioner Halkiotis suggested having Commissioner Jacobs and Dianne
Reid.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
appoint Commissioner Jacobs and Dianne Reid to serve on the newly-formed Council
on a Sustainable Community,
VOTE: UNANIMOUS
c. Appointments
(1) Board of Health
The Board considered two appointments to the Orange County Board of Health.
A motion was made by Commissioner Carey, seconded by Commissioner Halkictis
to appoint Chris Harlan for an unexpired term ending June 30, 2005 and Dr. Tim Carey
for an unexpired term ending June 30, 2004.
Commissioner Gordon pointed out that the letter from the Board of Health had a
different term ending date than the abstract, The Clerk will verify the dates,
VOTE: UNANIMOUS
(2) Human Relations Commission
The Board considered making one appointment to the Orange County Human
Relations Commission (HRC). Chair Brown noted that there were six vacancies.
Commissioner Gordon nominated Jean Eno from Little River Township and Adelaide
Spitsbergen from Cedar Grove Township, Commissioner Carey seconded,
Commissioner Halkiotis nominated Seth Stephens, Commissioner Carey seconded.
Commissioner Jacobs nominated Sally McKenzie to replace Mariah McPherson on
the Hillsborough seat, whose term expired in June 2003, Commissioner Halkiotis
seconded,
Chair Brown nominated Jeannette Holloman. Commissioner Carey seconded.
The appointees are Jean Eno, Adelaide Spitsbergen, Seth Stephens, Sally
McKenzie, Jeannette Holloman, and Beverly Payne-Betts.
VOTE: UNANIMOUS
10. REPORTS -NONE
11. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
go into closed session at 10:10 p.m. "To discuss the County's position and to instruct the
18
County Manager and County Attorney an the negotiating position regarding the terms of a
contract to purchase real property," NCGS § 143-318,11(a)(5),
VOTE: UNANIMOUS
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A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to
reconvene into regular session at 10:39p.m.
VOTE: UNANIMOUS
12. ADJOURNMENT
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to
adjourn the meeting at 10:40 p.m,
VOTE: UNANIMOUS
Margaret Brawn, Chair
Donna S, Baker
Clerk to the Board