HomeMy WebLinkAboutMinutes - 20090127 APPROVED 2/17/2009
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WORK SESSION
January 27, 2009
7:30 p.m.
The Orange County Board of Commissioners met for a Work Session on Tuesday,
January 27, 2009 at 7:30 p.m. at the Link Government Services Center in Hillsborough, North
Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Valerie Foushee and Commissioners
Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and
Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Staff Attorney Annette Moore
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
Manager Gwen Harvey and Willie Best, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
Chair Foushee recognized Emergency Services Director Frank Montes de Oca, who
informed the Board of County Commissioners of the move of the Emergency Services building
and Communications system to the new 911 Center at The Meadowlands.
Commissioner Gordon made reference to the blue handout at the County
Commissioners' places and said that this is the bond brochure that shows bond monies and
the targeted projects.
1. Item 10 —Appointments — Delayed from January 22, 2009 Regular Board Meeting
Due to Time Constraints (Except "b")
a. NCACC Legislative Liaison Appointment
The Board considered appointing one Commissioner to be the North Carolina
Association of County Commissioners (NCACC) Legislative Liaison for the 2009-10 legislative
biennium.
Many Commissioners did not understand the role of this liaison and Chair Foushee
read some of the proposed duties of this appointment.
Greg Wilder said that, in the past, NCACC had contact with the Clerks and Managers
and now it would like to have one Board member also as a contact person.
A motion was made by Commissioner Nelson seconded by Commissioner Jacobs to
appoint Commissioner Hemminger as the NCACC Legislative Liaison for the 2009-10
legislative biennium.
VOTE: UNANIMOUS
b. Ten (10) Year Plan to End Homelessness Executive Team — New Appointment
(Appointment was made at January 22, 2009 Regular Meeting)
c. Advisory Board on Aging — New Appointment
The Board considered making a new appointment to the Advisory Board on Aging.
Commissioner Gordon nominated Mr. Haryo Marsosudiro for position #4, Hillsborough,
and Heather Altman for position #9, At-Large. The two appointees will serve terms expiring
June 30, 2009. This was seconded by Commissioner Jacobs.
VOTE: UNANIMOUS
A suggestion was made to add length of residency to the end of the applications as
information for those County Commissioners who do not know the applicants as well as others.
d. Affordable Housing Advisory Board — New Appointment
The Board considered making a new appointment to the Affordable Housing Advisory
Board.
Commissioner Jacobs asked why there were so many vacancies and so few
nominations.
Chair Foushee said that the vacancies exist because it has been difficult to get
additional interest. People come to the meetings and then do not come back.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
appoint Nannie Richmond with a term expiring June 30, 2011.
VOTE: UNANIMOUS
e. Chapel Hill/Orange County Visitors Bureau — New Appointment
The Board considered making a new appointment to the Chapel Hill/Orange County
Visitor's Bureau.
Commissioner Gordon said that she did not know about the exception of a person
being appointed that is not a resident of Orange County.
Commissioner Jacobs said that the Board asked the Clerk to look at the precedent of
appointing a non-resident.
Clerk to the Board Donna Baker said that the Visitor's Bureau put Jim Parker forward,
and there was a question about his residency. It came up that it had been done before in
another board and it has been a precedent. The Visitor's Bureau felt very strongly about Jim
Parker, regardless of the residency issue.
Commissioner Yuhasz said that he talked to the Chamber members and they feel very
strongly about having Jim Parker appointed with his association of hotels. He said that he
would not have problem with a non-resident serving in this particular case.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
appoint Jim Parker to the Chapel Hill/Orange County Visitors Bureau with a term expiring
December 31, 2011.
VOTE: UNANIMOUS
f. Commission for the Environment— New Appointments & Reassignments
The Board considered making new appointments and reassignments to the
Commission for the Environment.
A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
appoint Lucy Adams to position #2, Air Quality, with a term expiring December 31, 2010; Loren
Hintz to position #4, Biological Resources, with a term expiring December 31, 2010; Michelle
Drostin to position #5, Water Resources, with a term expiring December 31, 2009; Gary
Saunders to position #9, At Large, with a term expiring December 31, 2011; and Dawn
Santoianni to position #12, Engineering, with a term expiring December 31, 2011.
Commissioner Jacobs said that everyone on the list but two were from Chapel Hill. He
suggested Christy Mangum as an alternative to someone, because Mr. Saunders duplicates
the expertise of Lucy Adams.
VOTE: UNANIMOUS (Commissioner Gordon's motion)
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
appoint Chris Adams to position #6, At-Large, with a term expiring December 31, 2010.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
appoint Renee Price to position #8, At-Large, with a term expiring December 31, 2010.
VOTE: UNANIMOUS
Historic Preservation Commission — New Appointment
The Board considered making a new appointment to the Historic Preservation
Commission.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Robin Moran to position #7, At-Large, with a term expiring March 31, 2010.
VOTE: UNANIMOUS
h. Hillsborough Area Rail Station Task Force Appointment
The Board considered making an appointment to the Rail Station Task Force.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
appoint Dan Barker as the Orange County Transportation Service Board representative.
VOTE: UNANIMOUS
i. Human Relations Commission — New Appointments
The Board considered making new appointments to the Human Relations Commission.
Commissioner Gordon recommended Kurt Davies for position #5, At-Large; Rita Anita
Linger for position #6, At-Large; and Barbara Prear for position #14, Town of Hillsborough.
VOTE: UNANIMOUS
Commissioner Jacobs nominated everyone else except for Joyce Christine Preslar.
Commissioner Nelson asked that this motion be held until the next meeting, because
there are some things he wants to check on before voting on this.
THIS PART OF THE ITEM WAS TABLED.
L Human Services Advisory Commission — New Appointments
The Board considered making new appointments to the Human Services Advisory
Commission.
A motion was made by Commissioner Gordon, seconded by Commissioner
Hemminger to appoint Ronnie Torain to position #2, Faith-Based Community; and Nancy Park
to position #14, At-Large, with a term expiring March 31, 2009; and Christi Hurt to position #15,
At-Large, with a term expiring March 31, 2010.
VOTE: UNANIMOUS
k. Orange County Board of Adjustment— New Appointment
The Board considered making one new appointment to the Orange County Board of
Adjustment.
Commissioner Jacobs wants to see the background of the other people on the Board of
Adjustment because the only people left are related to the development industry. He wants a
good balance. If there is not more diversity, then he would like to advertise.
THIS ITEM WAS TABLED.
I. Orange County Planning Board — New Appointments
The Board considered making new appointments to the Orange County Planning
Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
appoint Judith Wegner to position #4, Bingham Township with a term expiring March 31, 2009;
and Pete Hallenbeck to position #10, At-Large, with a term expiring March 31, 2010.
VOTE: Ayes, 3; Nays, 4 (Commissioners Nelson, Pelissier, Hemminger, and Gordon)
A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
appoint Judith Wegner to position #4, Bingham Township, with a term expiring March 31,
2009.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
appoint Mark Marcoplos to position #10, At-Large, with a term expiring March 31, 2010.
VOTE: Ayes, 4; Nays, 3 (Commissioners Foushee, Jacobs, and Yuhasz)
2. Jordan Lake Partnership
The Board considered joining a partnership of area local governments and water
providers on Jordan Lake water supply matters, including water supply planning, joint future
allocation requests and a possible future water intake and treatment facility.
Environment and Resource Conservation Director Dave Stancil introduced Beau Mills,
who would serve as facilitator between the different entities and would help to draft the
Memorandum of Agreement.
Jordan Lake Partnership
January 27, 2009
Background
• Potential for Coordination on Jordan Lake water- 2008 drought exacerbated
• "Last major water supply investment in the region"
• Working group of staffs from the jurisdictions brainstormed challenges and opportunities
• Consultant (FountainWorks) drafted MOU
Orange County Interests
• September 2008 Assembly of Govt's
• Need to closely link future water use, intake to
• Strong water conservation ethic
• Good growth management
• Holistic approach to sustainable use
The Draft MOU
• Memorandum of Understanding created based on discussions
• Includes some statements about sustainable use and conservation
• Creates a Jordan Lake Partnership
• Partnership Management Team
• City of Durham lead agency
• Proportional cost-share
Functions of the MOU
• Regional Water Supply Plan
• Coordinated Jordan Lake Water Allocation Requests
• Western Intake Project— Preliminary Planning
• Will require additional costs and separate MOU
All project activities are optional for partners.
Key Issues from Staff
• Hillsborough, Cary joined — others pending
• Orange's unusual case — only non-provider
• Would need "partner" to access current/future water allocation
• If interested in allocation, must define service area and need
• Potential inter-basin transfer (IBT)?
• Is there sufficient growth management/ conservation linkage in the MOU?
• Should the Water Supply Plan be mandatory?
• If issues, join and work from within, or hold out for changes?
• Is the County interested in joining?
Dave Stancil said that other jurisdictions will be taking this item up in February.
Commissioner Pelissier said that she is aware that OWASA provides water and is not in
the land use planning business. She asked if there was any discussion of including the towns
of Chapel Hill and Carrboro.
Dave Stancil said that the Managers of the jurisdictions are aware of this and OWASA
staff feels they have sufficient guidance to move forward. He said that the growth
management issues may need to be addressed in some sort of parallel agreement.
Laura Blackmon said that the towns do not have an allocation like Orange County has,
which is why they are not in the partnership.
Commissioner Nelson said that he had an email from Mayor Chilton that there were
concerns about this being driven by staff rather than elected officials. He said that many of
these things are policy issues — key issues — and the decisions should be made by elected
officials. He also has very strong feelings against inner-basin transfer and this is a policy
decision for policymakers to be discussing and making decisions about. Regarding growth
management, he said that the County's concerns about Jordan Lake being polluted come from
other jurisdictions developing and polluting Jordan Lake and Orange County having to clean it
up.
Commissioner Jacobs said that one thing missing from the document was that the
elected officials initiated a lot of these discussions with Chatham and then they discussed this
twice at Assembly of Government meetings. He said that he thinks the process went awry with
the recommendations of the Orange/Chatham work group because it had three functions —
land use planning, water planning, and transportation. The AOG decided to focus on
transportation and then staff decided to take care of the water issue. He suggested discussing
how much to sub out the work on water or whether it should be part of a group that includes
elected officials.
Commissioner Gordon said that Durham is a major player in the Jordan Lake water
issue so that topic would be one for a larger group. She said that this topic was beyond the
Orange/Chatham work group. But that she was surprised that this was all staff driven. She
wants to get this larger group in the discussion.
Chair Foushee asked what happens if Orange County opts out initially and then signs
on as a signatory since Durham will be running everything.
Beau Mills said that during the drought there was concern about the sustainability of
water, and Jordan Lake was a great resource. The purpose behind the partnership was not to
develop policy but to develop information about water allocation. The primary objective of the
partnership is to provide a way for all jurisdictions to share information, develop a regional
understanding of water supply resources, and provide information back to jurisdictions that are
interested in an additional allocation. The State does not do this and this is an opportunity for
local governments to show the State regulators and the State legislators that regionalism can
work. Regarding Durham, he said that it was willing to provide the forum and resources for this
regional collaboration.
Dave Stancil said that the management team is more of a guidance group, providing
advice and feedback. This group will not be making policy decisions.
Laura Blackmon said that Durham could have done this on its own, but it recognized
that it was not going to get anywhere without a more unified approach. She said that all of
these groups need to be at the table.
Beau Mills said that one of the primary partners is the Triangle J Council of
Governments, and it will be doing the bulk of the work for creating the regional information.
Commissioner Jacobs said that when new Commissioners were elected in Chatham the
Orange County Chair and Vice-Chair and the Mayors of Carrboro and Chapel Hill reached out
to them and asked how everyone could work together. It was decided that the group would
work on water, transportation, land use, and recreation. He said that Durham could be added
to this group and one part could work on transportation, one part could work on land use
planning, and the water group could report to the land use planning elected officials.
Commissioner Gordon said that she remembers the Assembly of Governments
deciding that there would be one work group and it would begin by working on transportation.
She does not see how this issue can be brought into the Orange/Chatham work group
because this is a group with specific tasks and with membership from two counties.
Commissioner Nelson said that he still thinks the language about land use needs to be
strengthened. He is supportive of doing something along these lines.
Commissioner Gordon said that she is not comfortable with this coming back on the
17th in this form and she would like to talk with Chapel Hill and Carrboro first. She said that
she does not know what will happen if Orange County does not participate. She asked the
staff to contact Chapel Hill and Carrboro about this.
Commissioner Jacobs asked for a sheet that identifies the issues raised by the County
Commissioners.
Dave Stancil said that the staff could put this information together, this item will be on
the February 17th meeting agenda, and staff will contact the towns to get their perspective on
this.
3. Jordan Lake Nutrient Management Rules — Update
The Board received an update from staff on the Jordan Lake Nutrient Management
Rules, which were approved by the N. C. Environmental Management Commission (EMC) in
2008 and will soon be taken up by the N. C. General Assembly.
Dave Stancil introduced Tom Davis, Water Resources Coordinator for ERCD.
Jordan Lake Rules
Update —January 27, 2009
Current Status of Rules
• Approved by the EMC in November 2008
• Approved by Rules Review Commission
• Slated to be introduced in 2009 General Assembly session
• Opposition expected from several quarters
Orange County Areas
• Upper New Hope Arm
•- 35% Nitrogen
•- 5% Phosphorus
•Substantial urban Areas (Chapel Hill, Carrboro, Durham)
•County jurisdiction rural and heavily forested
•3 miles of Duke Forest along New Hope Creek
• Haw River Arm
•Remainder of Cape Fear Basin in Orange
•- 8% Nitrogen
•- 5% Phosphorus
•Cane Creek watershed
•Agricultural areas in Bingham Township
•Mebane and western edge of County
Primary Focus Areas
• Agriculture
• New Development (Stormwater)
• Existing Development (Stormwater)
•Potential costly retrofits for local gov'ts
• Stream Buffers
• Biosolids
• Offsets and Nutrient Trading
•Opportunity for County Programs
Possible Timeline
• (Actual dates difficult at this time — pending rules adoption)
• July 2011 - DWQ model program
• January 2012 — Public education and discharge efforts
• July 2012 — New development rules apply
• January 2013 -Create and submit plan to address existing development
• January 2014 - Implement Existing Development program
• July 2019 — 50% of all reductions must be accomplished
Implications for Orange
• Cost of implementing rules (existing development)
• Upper New Hope Nitrogen Target?
• Nutrient Trading Possibilities!
• Agriculture —varies by watershed "arms"
• State Funding Assistance
• Final rules approval? (opposition in the Gen Assembly)
Closing Thoughts
• Staff to continue to monitor and evaluate potential costs
• Begin dialogue on trading and credit options with jurisdictions, partners?
•Final version of rules could be very different (1993 precedent)
Commissioner Pelissier asked if Orange County is unique as an entity with these rules
and has a problem with a low nutrient level and Dave Stancil said yes.
Commissioner Jacobs asked how biosolids compare to commercial fertilizers in terms
of nutrient loading. This might be another tool that Orange County could use to eliminate the
application of biosolids in watersheds.
4. Observation Well Network Project
The Board received an update regarding the plans for the Orange County Observation
Well Network.
Tom Davis made a PowerPoint presentation.
The Orange County Observation Well Network
Thomas W. Davis, L. G.
Water Resources Coordinator
Orange County Environment and Resource Conservation Department
I. Introduction
•Groundwater sole water source for approximately 40 percent of Orange County citizens.
•Surface water supplies are finite and service areas are unlikely to increase.
•Droughts!!! Don't take supplies for granted.
II. Background Information
•Water Resources Project (2001)
•Water Resources Initiative (Adopted by BOCC in 2005) identified "Critical Areas to Address",
including:
—Impact of drought on groundwater and surface water availability.
—Impact of groundwater base flow on water supplies and aquatic life.
—Further research on elevated radon findings.
III. Goals of the Observation Well Network
•Consistent with items identified by the Water Resources Project (2001) and the Water
Resources Initiative adopted by the BOCC in 2005, goals are:
1. Groundwater Quantity-"early warning system"
2. Delineation of groundwater base flow.
3. Research groundwater quality, including:
•Radon and arsenic in groundwater.
IV. Current Situation
•Only two observation wells exist in the County:
•NC-126 USGS regolith (shallow) well on UNC-CH campus- Needs to be replaced.
•NCDENR-DWR Caldwell bedrock (deeper) well off Guess Road.
•Guilford County has an observation well network and Wake County is developing one.
V. Orange County Geology
•Cunningham and Daniel (2001) described the groundwater system in Orange County as a
"regolith-fractured crystalline rock aquifer system".
A. Regolith
Unconsolidated material which overlies fractured crystalline bedrock- includes soil,
weathered rock, etc.
Principal components of the groundwater
system in the Piedmont Province of North Carolina
(from Harned and Daniel, 1992)
B. Bedrock
Groundwater in bedrock limited by the number and characteristics of the fractures
present.
Bottom Line: Majority of groundwater storage occurs in the regolith, but water supply
wells utilize water located in bedrock fractures ("pipelines").
The reservoir pipeline conceptual model
of the Piedmont groundwater system
(modified from Heath, 1984)
V. Orange County Geology, cont.
•NCGS geologic mapping of Orange County ongoing. Four main quadrangles complete:
•White Cross, Hillsborough, Efland and Chapel Hill quadrangles.
•Nine main bedrock lithologies are present in the recently mapped area of Orange County.
VI. Observation Well Design
•Objectives determine well design.
•Observation wells can monitor:
—Natural stresses (drought, terrane differences, etc)
—Man-made stresses (Over-pumping, interference, etc)
A. Primary Goal of Observation Well Network:
Monitor natural stresses on the quantity of groundwater available in storage which are
caused by variations in climatic conditions.
Observation Well Network should mainly utilize climatic effects (regolith or shallow)
observation wells to monitor the response of groundwater storage to variations in climate that
occur over time.
B. Secondary Goal of Observation Well Network:
Monitor variations in groundwater levels across the nine main bedrock lithologies.
Terrane effect (bedrock) observation wells should be completed in each of the nine
main bedrock lithologies.
•The bedrock wells should also be utilized to gain water quality information, including:
•Arsenic and radon concentrations in groundwater
•Groundwater quality near biosolids application areas
VII. Summary
•Combination of bedrock and regolith wells proposed. Wells should be spread across the
County and bedrock wells should be located in each of the nine main bedrock lithologies.
•A bedrock and regolith well pair could be installed in the same location where possible.
•Network will be able to monitor the quantity of groundwater in storage as well as monitor
variations in groundwater levels in different bedrock lithologies.
VIII. Additional Information
•No land purchases are anticipated to be necessary for the observation well network.
•Existing wells will be utilized where possible.
•Partners and cooperative arrangements are possible and should be explored:
-USGS -DWQ (inc. Duke Forest wells)
-DWR -NCGS
-Area Universities -State Climatologists Office
•Some County school sites may be suitable well locations.
Commissioner Pelissier asked about some of the partners and if they would help fund
this and Tom Davis said that partners could help with the drilling and lower the cost in the CIP.
The USGS is interested in cooperative funding.
Commissioner Jacobs said that he is not sure if the staff has explored all of the
opportunities for digging wells. He made reference to the land at Maple View Farms and some
land that OWASA owns. There are also wells along the landfill. He suggested that staff check
with the Health Department and OWASA, as well as the schools, which should have some
abandoned wells.
Dave Stancil said that staff would do everything they could to minimize the costs of
these new wells.
Commissioner Gordon asked if staff could get information back to the County
Commissioners about their questions so they could have it for the CIP discussions.
Laura Blackmon said that there is money in the CIP for this, and if the money is not
needed, then the Board of County Commissioners would like to use it for something else. This
information should be coming back to the Board in the next couple of months.
5. County Commissioners: Process for Choosing Board and Commissions
Assignments
The Board considered the process by which the BOCC selects boards/commissions on
which the BOCC wishes to serve.
Clerk to the Board Donna Baker went over the current process. The appointments will
be made on the February 10th work session. The County Commissioners have refined the
process, but there have been suggestions to do it differently. Attachment A shows the process
that has been followed for the last couple of years. Attachment B is a draft form of what
Commissioner Nelson has suggested in the last couple of years based on his experience with
the Town of Carrboro. She invited the Board to discuss the process and make any changes.
Commissioner Nelson said that the idea behind the form is that the County
Commissioners fill it out in advance and each Commissioner has an opportunity to let others
know their interests. It is a tool for communication in advance.
Chair Foushee said that a combination of both could be done, where the form is used
to inform about the round robin.
Commissioner Hemminger suggested adding when the boards/commissions typically
meet, in general.
Commissioner Foushee suggested that Donna Baker take the matrix, put the meeting
times in it, and send it out to the County Commissioners in the next couple of days. Donna
Baker said that she would get it to the Board by Friday.
Commissioner Pelissier suggested that the County Commissioners only be allowed to
keep their seat on two boards and that this information be conveyed before coming back.
Clarifying questions of the new County Commissioners were answered by Donna
Baker.
Commissioner Jacobs suggested having an oversized calendar with the initials of the
advisory boards. Donna Baker said that she could probably not get this done by Friday.
Discussion ensued on the process.
Donna Baker said that on Friday she will send out an updated list (probably
electronically). She would like this returned by Monday or Tuesday. From that information, she
will send another matrix with the meeting times, along with copies of the web calendar. The
County Commissioners will then send back the main two and then other interests. This
information will be compiled and sent back to the County Commissioners on Thursday as part of
the agenda abstract.
Commissioner Yuhasz said that at the retreat the County Commissioners talked about
what to do to make the meetings run more smoothly. He said that it is not clear to him what was
decided. He asked for information on this. He wants to know when the Board will talk about the
things that it did not decide.
Commissioner Yuhasz made reference to the Manager's Memo and the Orange Grove
Volunteer Fire Company Safer Grant where Homeland Security is going to give the fire
department money to hire people with a decreasing amount over time. He said that this is an
agreement to set a higher tax rate in the future.
Commissioner Jacobs said that this is one of the reasons he wants to complete the fire
and rescue study because the fire department went ahead and did this and then told the County
Commissioners. This is not how the County should operate.
Commissioner Foushee made reference to the question about the retreat items and
said that she and Commissioner Nelson asked the Manager to look at the schedule of proposed
agenda items to determine at what work session the Board can discuss the remaining items of
the agenda from the retreat. This will include the operational procedures.
6. Adjournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
adjourn the meeting at 10:06pm.
VOTE: UNANIMOUS
Valerie Foushee, Chair
Donna S. Baker, CMC
Clerk to the Board