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HomeMy WebLinkAboutMinutes - 20090203 APPROVED 3/17/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 3, 2009 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 3, 2009 at 7:30 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda There was a revised item 4-i. Chair Foushee announced that the 11th Annual Orange County Ag Summit would be held at the old Orange Enterprise building on Monday, February 91h at 8:30 a.m. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Orange County Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Orange County Arts Grants. Chair Foushee read the names and Commissioner Nelson distributed the checks. Grant Recipient: Attendees: ArtsCenter Family Programs - NOT AVAILABLE TONIGHT Cornucopia House Cancer Support Center- Sarah Baligh Central Elementary School PTO - Susan Persinger Deep Dish Theater Company - Devra Thomas Susan Filley - NOT AVAILABLE TONIGHT Estes Hills Elementary School - Kimberly Nevin Estes Hills Elementary School PTA - Kimberly Nevin Friends of the Carrboro Branch Library - Nerys Levy &Anne Pusey Grady A. Brown Elementary School Cultural Arts Enrichment Committee —Janice Wereszczak Hillsborough Elementary School PTA - Martinette Homer Historical Foundation of Hillsborough and Orange County - Darcie Beecroft NC Literary Festival (hosted by University Library at UNC) - Amy Baldwin Orange Charter School - Mark Borkowski Public Arts Office, Town of Chapel Hill - Jeffrey York Wendy Spitzer- Wendy Spitzer Richard Tazewell - Richard Tazewell Emily Weinstein - Emily Weinstein Women's Voices Chorus - Allan Friedman b. Resolution Recognizing Achievements of Mrs. Rebecca Clark The Board considered recognizing the achievements of lifelong human rights activist and Orange County resident Mrs. Rebecca Clark who passed away on January 3, 2009 and authorizing the Chair to sign the resolution. Human Rights and Relations Director Shoshannah Smith introduced Human Rights Commission Chair Vivette Jeffries-Logan, who spoke of the achievements of Rebecca Clark, a long-time human rights activist. Vivette Jeffries-Logan read the resolution. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION OF RECOGNITION AND APPRECIATION For Rebecca Clark WHEREAS, Rebecca Clark worked tirelessly to promote and provide social justice in the Orange County Community; and WHEREAS, Mrs. Clark ensured the democratic process by registering countless individuals to vote; helping the house-bound and disabled to cast ballots; and overseeing the voter rolls at the Lincoln Precinct for several decades; and WHEREAS, Mrs. Clark was a pioneer who confronted racist hiring practices and broke down racial barriers in the workplace and advocated for workers' rights for working class people throughout our community and particularly on the UNC campus; and WHEREAS, Mrs. Clark instilled in the young people around her a passion for social justice, strong faith and community action; and WHEREAS, Mrs. Clark was integral in uniting the Chapel Hill community behind Howard Lee and getting out the vote to elect him the first African-American mayor of a predominantly white Southern town; and WHEREAS, Mrs. Clark utilized the political system and community action to truly improve the lives of the disenfranchised, the discriminated against and the downtrodden; and WHEREAS, Mrs. Clark served as a beacon and touchstone for so many who today provide valued community and public service as elected officials, advocates and activists working for social justice; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby recognize Rebecca Clark and express great appreciation to Mrs. Clark for the invaluable contributions she made during her long life. THIS THE 3rd DAY OF FEBRUARY 2009. A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to approve recognizing the achievements of lifelong human rights activist and Orange County resident Mrs. Rebecca Clark who passed away on January 3, 2009 and authorize the Chair to sign the resolution. VOTE: UNANIMOUS c. 2008 N.C. Big Sweep Caroline Parker Outstanding Achievement Award The Board recognized Stormwater Resource Officer Terry Hackett of the Planning and Inspections Department, Erosion Control Division as the co-recipient of the 2008 N.C. Big Sweep Caroline Parker Outstanding Achievement Award. Laura Blackmon said that this award is given each year by the State to the Big Sweep Coordinator and this year Terry Hackett in the Planning Department is a co-recipient. There were 366 Orange County volunteers this year. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes — None b. Appointments (1) Human Relations Commission — New Appointments The Board appointed Kurt Davies, Rita Anita Linger, and Barbara Prear to the Human Relations Commission. c. Proclamation Recognizing UNC Women's Soccer 2008 NCAA Championship The Board approved a proclamation, which is incorporated by reference, recognizing the UNC women's soccer team for winning the 2008 NCAA Women's National Soccer Championship and authorize the Chair to sign. d. Property Value Changes The Board approved changes made in property values after the 2008 Board of Equalization and Review has adjourned. e. Property Tax Release The Board adopted a resolution, which is incorporated by reference, to release property value related to one (1) request for tax release in accordance with N.C. General Statute 105-381. f. Applications for Property Tax Exemption/Exclusion The Board approved three (3) untimely applications for exemption/exclusion from ad valorem taxation for the 2008 tax year. Impact Fee Reimbursement— Habitat for Humanity The Board approved the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for$18,000 for six new homes. h. Acquisition of Pre-owned Zamboni for Sportsplex The Board approved the purchase of a pre-owned Zamboni for use at the Triangle Sportsplex at a not-to-exceed cost of $27,500 including delivery; and authorized the Purchasing Director to process the appropriate paperwork. i. Fiscal Year 2008-09 Budget Amendment #5 This item was removed and placed at the end of the consent agenda for separate consideration. L Legal Advertisement for Quarterly Public Hearing — February 23, 2009 This item was removed and placed at the end of the consent agenda for separate consideration. k. Amendment to the Eno Economic Development District Area Small Area Plan: Revise Definition of "Eno Mixed Use" Proposed Land Use Category The Board approved the amendment of the Eno EDD Area Small Area Plan by revising the definition of the Eno Mixed Use proposed land use category to specify an acreage limit for residential development within the Mixed Use area. I. "Fit Community" Endorsement for The Arc of Orange County The Board recognized and affirmed the "Fit Community" Grant Endorsement Form as executed by the Chair of the Board of County Commissioners on behalf of, and at the request of the grant applicant, The Arc of Orange County. m. Update Travel Policy Meal Per Diem Reimbursement Rates The Board amended the travel policy to incorporate a process for maintaining a fair and equitable per diem reimbursement rate for meals while traveling on County business, effective July 1, 2009. n. Capital Project Funding 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: i. Fiscal Year 2008-09 Budget Amendment #5 The Board considered approving budget, grant, and capital project ordinance amendments for fiscal year 2008-09. Laura Blackmon explained the revision for this item. On item #13, Orange County High School Track and Football Field Project, the original abstract had funding for$617,420 and funding for the project is now $495,636. A motion was made by Commissioner Gordon, seconded by Chair Foushee to address this item after item 6-c when the Board talks about debt. VOTE: UNANIMOUS L Legal Advertisement for Quarterly Public Hearing — February 23, 2009 The Board considered approving the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 23, 2009. Laura Blackmon said that the Attorney has asked for item #4, Zoning Ordinance Amendment: Conditional Use District/Condition Zoning, to be delayed until there is discussion about doing a Unified Development Ordinance. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve the proposed February 23, 2009 Quarterly Public Hearing legal advertisement, with the exception of item #4. VOTE: UNANIMOUS n. Capital Project Funding The Board considered approving a plan addressing additional funding needs related to the School and County Capital Project Funds by appropriating fund balance of $3.5 million in FY 2008-09 and $2.4 million in FY 2009-10. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the two-year funding plan which includes: 1) Appropriating $3.5 million from the fund balance of the General Fund for transfer to the School Capital Project Fund and County Capital Project Fund; 2) Include the remaining appropriation of $2.4 million from the fund balance of the General Fund needed to complete the correction of the shortfall in the Fiscal Year 2009-10 budget; and 3) Direct staff to take those action necessary to reallocate available funding to correct the project shortfalls and to bring back to the Board the budget amendments necessary to implement this plan and also a statement of internal fiscal controls to prevent the situation from occurring again. VOTE: UNANIMOUS 5. Public Hearings a. Orange County Consolidated Housing Plan Update The Board considered receiving comments from the public regarding the housing and non-housing needs to be included in the Annual Update of the 2005-2009 Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2008-2009 HOME funds. Housing and Community Development Director Tara Fikes introduced this item, as shown in the abstract. PUBLIC COMMENT: Susan Levy, Executive Director of Habitat for Humanity, said that this year marks Habitat for Humanity's 25th anniversary of serving Orange County. Habitat has built 180 homes and only one is not in the affordable housing inventory. She said that Habitat has also developed new subdivisions — Richmond Hills and Chestnut Oaks being the largest. It has also helped with neighborhood revitalization efforts in Chapel Hill and Hillsborough. She said that Orange County has been a key partner in Habitat's success and she thanked the County Commissioners for this. She said that Habitat has used the HOME program over the years and has benefited from it. She said that this year Habitat for Humanity will be asking for $350,000 in HOME Funds, mainly for projects in the Fairview community. She urged the County Commissioners to give consideration to those requests that are made by Orange County organizations. She said that Habitat for Humanity was committed to serving Orange County over the long haul. Robert Dowling from Orange Community Housing and Land Trust had some requests for HOME funding. He said that 50 homes have come to the Land Trust and he would like to ask for$30,000 in HOME funds to help with the purchase of these homes. Secondly, there is a challenge to keep the homes affordable and maintained. He is asking for$100,000 of HOME funding towards this goal of keeping homes affordable. Lastly, there is a tax credit project in the amount of $5.5 million to build 58 affordable rental homes in the Winmore development in Carrboro. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS b. Review of Zoning Atlas Amendment Petition for Property Located at the Intersection of NC 54 and White Cross Road The Board considered taking action on a Planning Board recommendation concerning the review of a rezoning petition submitted by Mr. Vernon Davis to rezone a portion of a 4.7- acre parcel of property located at the intersection of NC 54 and White Cross Road from Agricultural Residential to Neighborhood Commercial Two. Commissioner Yuhasz asked to be excused from this item because he represented the applicant. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to excuse Commissioner Yuhasz from considering this item. VOTE: UNANIMOUS Michael Harvey introduced this item. This is a public hearing regarding the rezoning of a portion of a parcel. Mr. Davis is looking to rezone a portion of the property from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2). This item was presented at the November 24, 2008 Quarterly Public Hearing and the Planning Board took this matter up at the January 14, 2009 regular meeting. During the public hearing, the staff indicated that the impetus for this rezoning petition was that Mr. Davis' septic system, supporting an adjacent commercially-zoned property, was located on this larger tract. He wished to rezone that portion of property and recombine it so that the septic system and repair field would be all on the same parcel of property and all zoned commercial. The problem staff identified was that the Orange County Zoning Ordinance has a limitation on the total amount of acreage that can exist within nodes. This property is located within the White Cross Rural Neighborhood Commercial Node, and the node is almost at the five-acre minimum boundary established by the ordinance. The staff was forced to recommend denial of the request, and during the meeting, there was consensus of the County Commissioners that there should be a reassessment of the existing regulations governing development under these nodes. The Planning Board concurred that the existing regulations were no longer applicable and needed to be studied comprehensively. The Planning Board has recommended that the application be tabled, and that the County Commissioners direct staff to begin the process of identifying various options to rectify the problem within the White Cross Node and other nodes, and that this recommendation will be brought forth as soon as the Planning Board is done with its deliberations. The Administration recommendation is to close the public hearing, table the application, and direct staff to begin the process of identifying options. This matter will be discussed at tomorrow night's regular Planning Board meeting. Commissioner Hemminger asked what happens to the septic system in the meantime and Michael Harvey said that it is working, but that is why they want to move forward now. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to: 1) Close the Public Hearing; 2) Table the application, as requested by the applicant, allowing for a review of the various zoning and development issues within the White cross Node, and 3) Direct staff to identify various options for resolving the identified issues, including estimated timelines for completion, for review and discussion by the BOCC as part of its identification of goals for 2009. VOTE: UNANIMOUS c. Zoning Ordinance Text Amendment: Hillsborough Area Economic Development District (EDD) Buffer Regulations The Board considered rescheduling the public hearing regarding the review of a proposed zoning amendment to the Hillsborough Economic Development District concerning landscaping regulations. Michael Harvey said that the purpose of this item was just to open the public hearing and then re-adjourn the public hearing to March 17th for this item to be reviewed because the Planning Board minutes could not be finalized with respect to this item. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to adjourn the public hearing to March 17th at the time designated by the Board regarding the review of a proposed zoning amendment to the Hillsborough Economic Development District concerning landscaping regulations, to allow for the Planning Board to review and approve the minutes from its January 14, 2009 meeting. VOTE: UNANIMOUS d. Zoning Atlas Amendment (Rezoning): Hillsborough Area Economic Development District The Board considered rescheduling the public hearing concerning the review of a rezoning petition seeking to rezone several properties within the Hillsborough Economic Development District. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to adjourn the public hearing to March 17th at the time designated by the Board to allow for the Planning Board to review and approved the minutes from its January 14, 2009 meeting. VOTE: UNANIMOUS e. Zoning Atlas Amendment (Rezoning) —4115 Old NC 10 (Jones) The Board considered rescheduling the public hearing concerning the review of a rezoning petition seeking to rezone 4115 Old NC to from Existing Commercial Five to Rural Residential One. A motion was made by Commissioner Nelson seconded by Commissioner Hemminger to adjourn the public hearing to March 17th at the time designated by the Board to allow for the Planning Board to review and approve the minutes from its January 14, 2009 meeting. VOTE: UNANIMOUS 6. Regular Agenda a. Recommendations Regarding the Proposed 2008-2009 Secondary Road Construction Program for Orange County The Board considered recommendations regarding the North Carolina Department of Transportation's Proposed 2008-20009 Secondary Roads Construction Program for two roads, Ben Wilson road and Jimmy Ed Road. Transportation Planner Karen Lincoln said that the Board deferred these two roads from the recommendation until NCDOT had met with property owners to reach a consensus. There are four options for each of these roads. Ben Wilson Road 1. Pave only the northern portion of Ben Wilson Road (all residents agreed to this); 2. Pave the northern portion of Ben Wilson Road and leave open the possibility of paving the remainder if support of property owners comes at a later time; 3. Pave the entire road subject to availability of right-of-way; or 4. Don't pave Ben Wilson Road. Jimmy Ed Road 1. Pave Jimmy Ed Road from Walnut Grove Church Road to the driveway of Lattisville Grove Baptist Church (all residents support this); 2. Pave Jimmy Ed Road from Walnut Grove Church Road to the driveway of Lattisville Grove Baptist Church and leave open the possibility of paving the remainder if support of property owners comes at a later time; 3. Pave Jimmy Ed Road in its entirety, subject to availability of right-of-way; or 4. Don't pave Jimmy Ed Road. The Manager recommends paving Ben Wilson Road from Bowman Road to Hebron Church Road (approximately 1.10 miles), subject to availability of right-of-way, as proposed by NCDOT; and Paving Jimmy Ed Road from Walnut Grove Church Road to the end (approximately 1.0 mile), subject to availability of right-of-way, as proposed by NCDOT. PUBLIC COMMENT: Rev. George Crews, Pastor of Lattisville Grove Baptist Church said that he was here again to petition the Board to pave Jimmy Ed Road in its entirety. He said that his church provides programs and services to Orange County, safety is an issue, and the dirt road is a hazard to their drinking water. The only access to their softball field is over the well and they are afraid it will mess up their water. He said that their church owns about 75% of the road frontage, along with another resident on this road. He said that there are other entities that support the paving of the entire road, such as NCDOT. Hunter Schofield spoke on behalf of the Parker family, who would like to keep the road unpaved as it is. He said that the question is whether or not the Board of County Commissioners is going to ask the State of North Carolina to condemn the property of an Orange County citizen against their will, and that is Barbara and Carlton Parker. He said that in June of 2003, the Board of County Commissioners adopted a resolution outlining criteria for paving roads. He read from the resolution: "1) Paving has to dramatically improve safety; and 2) Paving has to create connectivity, specifically connectivity that is identified in the Land Use Element of the Orange County Comprehensive Plan." He said that plainly, the paving of Jimmy Ed Road does not meet these criteria. He said that there are four property owners that oppose this paving and only two property owners that want it. He distributed a copy of the resolution from June 2003. Lynne Taylor lives on Ben Wilson Road. She spoke about the snow and ice that accumulates on the road because of the shading. She owns 2500 feet on Ben Wilson Road and she also owns the most in acreage on the road. She said that she is the only landowner that is impacted severely by the road not being paved. She asked that the road be paved. There are only two landowners that have not granted a right-of-way to DOT and they live out of state. Sara Shields addressed the safety issue on Jimmy Ed Road and said that it ends in a dead end. Most traffic is farm traffic or church traffic and the road is gravel so that people drive slowly. She said that this road is safer if it is left unpaved. If it were paved, people may drive down and park and hang out. She said that the church moved into the community knowing that the road was gravel. Sammy Lankford said that he is concerned about paving the road all the way because it would increase the traffic on Ben Wilson Road. He cannot see the advantages of having the road paved. He said that he was born and raised on this farm and he does not want the road paved. The farm on this road has been in his family since 1751. Lynne Holtcamp said that her family is the largest landowner on Ben Wilson Road and they own 3 of the land on the road. She said that they do not want this road paved. She asked that at the very least that only a portion of the road be paved. She said that the County Commissioners have, by practice, tried to balance the interests of individuals in situations like this and to establish a criterion that there must be an important safety concern and connectivity issues. Neither of those features relate to this road. She asked the County Commissioners to not deviate from the resolution. She said that keeping the road unpaved would be consistent with the Comprehensive Plan. Commissioner Jacobs said that it is unfortunate that Mr. Schofield had to bring the County Commissioners a copy of its own policy and that it was not included in the materials. He said that there is no compelling reason to pave these roads. DOT has assured that the money would not be lost. He said that there are some instances where parts of the road can be paved and not the entire road. Motion on Ben Wilson Road: A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to pave the northern section of Ben Wilson Road, as agreed by all property owners after meeting with DOT representatives. Further, investigate whether the pavement can be extended to Ms. Taylor's driveway, subject to the agreement of all property owners, even if NCDOT has acquired right-of-way, in the same spirit of consensus that led to agreement about the northern section of Ben Wilson Road VOTE: UNANIMOUS Motion on Jimmy Ed Road: A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to pave Jimmy Ed Road from Walnut Grove Church Road to the church driveway and then beyond that to the area where the well can be accessed, subject to availability of right of way, as proposed by NCDOT. Commissioner Nelson said that he will vote against this. He said that there is an equity issue. He supports paving this entire road. He has listened to both sides and has received emails and phone calls from citizens about this. Chair Foushee agreed with Commissioner Nelson, because she has walked the road. Commissioner Pelissier said that it was compelling that the church is a community resource and generates traffic. VOTE: Ayes, 3; Nays, 4 (Commissioner Gordon, Commissioner Nelson, Chair Foushee, and Commissioner Pelissier) A motion was made by Commissioner Nelson, seconded by Chair Foushee to pave Jimmy Ed Road in its entirety, subject to availability of right of way. VOTE: Ayes, 4; Nays, 3 (Commissioner Jacobs, Commissioner Yuhasz, and Commissioner Hemminger) b. UNC/Orange County Landfill Gas Recovery Agreement The Board considered discussion and decision on the proposed Agreement for the joint UNC/Orange County Landfill Gas Recovery Project. Assistant County Manager Gwen Harvey introduced this item and summarized the abstract. In January 2008, the BOCC authorized entering into a Memorandum of Understanding with the University of North Carolina at Chapel Hill to ensure due diligence and anticipate effective implementation of a landfill gas recovery project. On April 15, 2008, the BOCC received a project update and request to proceed and authorized County staff to move forward with the final contract. The County retained a law firm to assist with the final negotiation of an agreement. A presentation was made to the BOCC on December 111h Response to Questions from the BOCC on December 11: 1) What are the possible impacts of the landfill gas transmission lines and other associated facilities on the proposed men's shelter at the former Duke Energy facility? Regarding possible impacts of the gas line and other associated facilities, UNC has indicated it will meet all environmental requirements as dictated by the State of North Carolina Department of Environment and Natural Resources, Division of Air Quality, and the Town of Chapel Hill noise ordinance. Based on the proposed area to be leased to the Town of Chapel Hill and the projected site for the landfill gas generator, the distance between the shelter and the generator will be as much as 400 to 500 feet. UNC has been in contact with Chris Moran, Executive Director of the Interfaith Council (IFC) and the IFC architectural consultant, Josh Gurlitz, to begin discussion of mutual compliance and compatibility issues. To date, no substantial problems have been identified for the planned relocation of the IFC Men's Shelter relative to the planned transmission lines or associated LFG facilities. 2) Why is there any ability to put landfill gas lines through the Greene Tract, but inability to put water and sewer lines through the Greene Tract? Orange County, Carrboro, Chapel Hill, Hillsborough, and the Orange Water and Sewer Authority are parties to a Water and Sewer Management, Planning and Boundary Agreement (the "Water and Sewer Agreement"). This Agreement, among other things, places limitations on extension of water and sewer service in certain areas of the County. The Greene Tract is located within an OWASA Primary Service Area as defined in the Water and Sewer Agreement. The Water and Sewer Agreement permits extension of water and sewer service through the Greene Tract. In fact, the Town of Chapel Hill's Rogers Road Small Area Plan Task Force recommendations anticipate these utilities will be made available to the jointly owned portion of the Greene Tract (no development of the County owned portion of the Greene Tract is now contemplated). 3) What are the potential uses for the new revenues to the County from UNC for landfill gas? The timeline of implementation for the project make it unlikely that any substantive revenue will be received from this project for perhaps 3-5 years. Moreover, significant additional expenditures from the enterprise fund are coming up and require funding, including: - Landfill closure costs and new operations center debt service - Costs of possible implementation of the Solid Waste Planning Work Group recommendations (expected in late spring 2009) - Transfer station land acquisition and development costs (including potential new expenditures generated by the new transfer station community advisory group) - Significantly increased operating costs associated with operating a remote waste transfer facility including hauling and disposal costs. In addition, recyclable material markets have recently experienced significant reductions in prices paid resulting in less revenue to offset operational expenses. It is therefore unlikely there will be surplus revenues to fund new ventures or obligations and more than likely the solid waste enterprise fund will be challenged to maintain financial integrity through its current landfill to transfer station transition period. Staff believes that there are three alternatives for the Board of County Commissioners: 1) The BOCC may approve the Proposed Agreement "as is" (attached) with understanding, acceptance, and tolerance for the level of risk and exposure. 2) Do not approve the Proposed Agreement and direct County staff to pursue with UNC a final compromise proposal, to be formally developed by the County Attorney, to satisfactorily address the legal risks associated with the Proposed Agreement. 3) Do not approve the Proposed Agreement and direct County staff to return on February 17, 2009 with an alternative approach for seeking competitive bids for entering into a landfill gas-to-energy development agreement under more secure terms and conditions on project implementation. David Meezan, the County's legal representative, said that the two parties have worked very hard but they have reached a basic disconnect on the potential risks that the County may be undertaking regarding the termination rights. There is a disagreement on the five-year time period. UNC is saying that the five years would begin on the day the last permit was issued before the project was constructed and the clock would not start running when the agreement was signed. When he learned this, there was concern at staff level because the risk to the County is that the gas is indefinitely tied up. There are many ways to remedy this. Carolyn Efland, Associate Vice-Chancellor of Campus Services at UNC, made reference to page 91, which is what she believes the Board was presented on December 111h She said that this says that the termination is, "the date of the issuance of the last Approval necessary to construct the Gas Conversion System." She thought that this was what was agreed upon, but County staff does not think this. She said that there is very little difference financially between flaring the gas and having the conversion system implemented. She thinks that there is a compromise position. On #82, she suggested changing this language to say, "effective date", which is now defined as the date the agreement is entered into. UNC wants to use this gas for fuel, but it requires a gas pipeline. Laura Blackmon said that the biggest complication that UNC has is building the gas line. Commissioner Yuhasz asked if any flaring could be done without installation of a pipeline and Carolyn Efland said yes. Commissioner Yuhasz asked about the economic benefit to UNC for just flaring. Carolyn Efland spoke about an economic analysis of the benefits. The agreement has been all along that the benefits would be split with the County 50-50 from the start. Commissioner Yuhasz asked about paragraph 94 and the liability for escaping gas, which it put all on Orange County. He asked why UNC could not be responsible for the claims related to offsite migration due to negligent operation and installation, etc. Chair Foushee asked County staff to respond to the same questions that Commissioner Yuhasz asked. Carolyn Efland said that UNC could be liable for this. David Meezan said that the risk that remains for the County is that the collection system does not get built. Commissioner Pelissier said that she thinks that the Town of Chapel Hill is going to be vested in this as well. She said that the potential hold up on the conversion would be the fact that the easement would go through a conservation district and a special use permit. She would think that the Town of Chapel Hill would be as motivated as UNC to do this, so she sees this as an acceptable risk. Commissioner Nelson said that he really appreciates the work of the legal staff and County staff on this project. In his opinion, this has been discussed for over a year and the County went into this knowing there would be risks. The County Commissioners also knew that the negotiations would be lengthy. In this year, gas has evaporated, a year's worth of opportunity to get revenue has been lost, and the gas is peaking. This is a needed revenue stream. A motion was made by Commissioner Nelson to approve the agreement tentatively with the compromise and ask staff to come back with it at the next meeting. PUBLIC COMMENT: Rev. Robert Campbell said that here is another opportunity for a facility to come into the community and this will provide revenue that can go back into the community. He said that this facility would begin to eliminate the smell of the gas and would give the Board of County Commissioners the opportunity to show the community how progressive they can be. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve the proposed agreement with the changes made to Article III, Item 82 requiring the University to begin payment for flaring gas upon the effective date of this agreement, and Article V, Item 94 requiring the University and/or the operator of the Landfill Gas collection system to accept liability for any claims related to off-site mitigation caused by the installation, construction, operation, maintenance or repair of the system; and that this item to come back as a consent agenda item at the Board's next regularly scheduled meeting reflecting these changes and any minor adjustments that may be necessary. Commissioner Gordon asked David Meezan's opinion on the motion and he said that it gets the County where it needs to be. VOTE: UNANIMOUS c. Proposal for Issuance of Capital Project Financing The Board considered a proposal for issuance of Capital Project financing to address financing needs related to authorizing capital projects. Chair Foushee reminded the Board that it agreed to consider item 4-i with this item. Financial Services Director Gary Humphreys said that this action is to pass a resolution to set a public hearing for March 3rd. This item will come back to the Board on March 171h. Staff proposes proceeding with alternative financing to be issued in April of 2009 for: County Campus and Library Development $25,000,000 Parks & Open Space 5,500,000 Affordable Housing 1,400,000 PIMS System 1,500,000 Solid Waste Equipment _217,000 $33,617,000 Gary Humphreys answered clarifying questions for Commissioner Gordon. Laura Blackmon said that currently the County has the capability to get a good rate and in the summer, the rates may go up. She said that it is timely to issue this debt now. Commissioner Yuhasz wants to make sure that the general obligation bonds would not be sold at a later date if the money is instead obtained now by alternative financing. Laura Blackmon said that the intent is to honor what the community approved in the bond referendum. Commissioner Jacobs said that the County has $2.8 million in undesignated Lands Legacy funds, which are now going to be alternatively financed. When the bonds were issued, Bob Jessup told the Board that conservation easements could not be bought with bond monies. He thinks that conservation easements would qualify as open space if using alternative financing. He wants to continue the conservation easement purchase program. Commissioner Gordon said that the voters were told that open space bond monies would be used for open space that had public access. She noted that conservation easements were not eligible because they did not have public access. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to authorize staff to proceed with plans to issue debt in April 2009 by approval of the attached resolution. RESOLUTION MAKING A PRELIMINARY DETERMINATION TO PROCEED WITH 2009 ALTERNATIVE FINANCING WHEREAS, the Board of Commissioners of Orange County has previously determined to undertake the acquisition and construction of various projects, as described below. In addition, the Board has previously determined to finance costs for these projects by the use of an installment financing, as authorized under Section 160A-20 of the North Carolina General Statutes. County staff has advised the Board that it would be desirable for the Board to adopt this resolution making a preliminary determination to proceed with the financing, and taking appropriate related action. Be it resolved by the Board of Commissioners of Orange County, North Carolina, as follows: 1. The County makes a preliminary determination to finance project costs, as follows: Component Estimated Maximum Amount ($) County campus and library development 25,000,000 Parks and open space projects 5,500,000 Affordable housing projects 1,400,000 Tax System 1,500,000 Solid waste equipment 217,000 The Board will determine the final list of projects to be financed, and the final amount of financing, by a later resolution. The total amount financed may reflect adjustments to the amounts listed above and may include amounts for financing costs. 2. The Finance Officer is authorized and directed to take all appropriate steps toward the completion of the financing, including (a) completing an application to the LGC for its approval of the proposed financing, and (b) soliciting one or more proposals from financial institutions to provide the financing. 3. The County intends that the adoption of this resolution will be a declaration of the County's official intent to reimburse project expenditures from financing proceeds. The County intends that funds that have been advanced for project costs, or which may be so advanced, from the County's general fund, or any other County fund, may be reimbursed from the financing proceeds. 4. The Board will hold a public hearing on this matter. The County Manager is authorized and directed to set the date and time of the hearing, and the Clerk to this Board is authorized and directed to publish a notice of such public hearing in the manner provided for by law. 5. This resolution takes effect immediately. VOTE: UNANIMOUS 6-c2. Fiscal Year 2008-09 Budget Amendment #5 (formerly item 4-i) The Board considered approving budget, grant, and capital project ordinance amendments for fiscal year 2008-09. Commissioner Gordon made reference to page 12 and asked about this project ordinance. Donna Coffey made reference to the County Campus Project Ordinance that is in the package for tonight and said that the $17.9 million assumes alternative financing for the office and the library. The amended ordinance will be brought back with The Gateway Center included. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the budget, grant project, and capital project ordinance amendments for fiscal year 2008-09 for Department on Aging; Department of Social Services; Public Educational and Government (PEG) Channels; Health Department; County Facilities Arts Reserve Capital Project Ordinance; Carry Forwards; Orange County High School Track and Football Field Project; Caldwell (Little River Fire District) Fire Department; and Sheriff Department. VOTE: UNANIMOUS d. Contract with Property Information Management System Software Vendor The Board considered approval of a contract with Barry Strock Consulting Associates, Inc. for consulting services to develop vendor agreements, technology deliverables and legal documents between vendors and Orange County for the Property Information Management System project for managing land records and property taxation, and authorizing the Chair to sign. Chief Information Officer Todd Jones said that should the tax collection and land records system software that is in place fail, it would cause considerable disruptions to the County's ability to assess property and collect tax bills. Secondly, this is a 30-year old system and there is no support model for this system. Commissioner Nelson said there was an excellent presentation from department heads about this program and he wants to underscore the need for this software. Commissioner Jacobs said that he would not vote for any Information Technology projects until the Board gets the Information Technology Strategic Plan. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve of a contract with Barry Strock Consulting Associates, Inc. for consulting services to develop vendor agreements, technology deliverables and legal documents between vendors and Orange County for the Property Information Management System project for managing land records and property taxation, and authorize the Chair to sign. VOTE: Ayes, 6; No, 1 (Commissioner Jacobs) e. Review of Proposed Chatham/Orange Joint Planning Task Force The Board considered reviewing potential processes, including proposed charge and composition, to establish one new Chatham/Orange Joint Planning Task Force with internal workgroups and, following any revisions, authorizing staff to forward the task force proposal to the other jurisdictions for approval and respective appointments. Commissioner Gordon suggested adding to the charge on page 4 an overall introductory paragraph as stated on page 2 as follows: "The Chatham/Orange Joint Planning Work Group will first address `Regional Transportation Issues.' After significant progress has been made on that issue, the group will prioritize the issues to be discussed next, drawing on the list referenced under `Planning Issues.' Part of the Work Group's charge is to communicate regularly with their respective governing boards concerning the group's discussion and priorities." She also suggested changing the timing by two months. Also, when it references Task Force staff, she suggested adding staff from all of the jurisdictions in the task force including Triangle Transit staff and Chapel Hill and Carrboro staff. Commissioner Jacobs suggested including Pittsboro staff. He would like to suggest putting this on the list of boards and commissions. He would also like to ask the Chair and Vice-Chair, or some other designee, to work separately to approach Chatham County about solid waste issues. He mentioned that Chatham County was talking about siting a landfill. Gwen Harvey stated her understanding that Chatham County was not interested in receiving out of county waste. Chair Foushee asked that staff initiate this regarding the solid waste issues. A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to approve the charge for the Chatham/Orange Joint Planning Task Force on page 4 and 5, with the added paragraph as stated above, and change the reporting dates for the planning issues to late fall 2009 and the target dates for transportation to late spring 2009; and that the staff be listed for all jurisdictions including staff from Pittsboro, Carrboro, Chapel Hill, Hillsborough, and Triangle Transit. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to direct staff to engage Chatham County counterparts and possibly starting an expedited process to discuss common issues in the matters of solid waste and solid waste disposal. VOTE: Ayes, 5; Nays, 2 (Commissioner Nelson and Commissioner Gordon) Commissioner Nelson said that this is just another solid waste issue that can hinder the process. Commissioner Jacobs asked that the staff come back when there is something to report. f. Board of Commissioners Meeting Calendar for Year 2009 The Board considered changing the start time of Board of Commissioners' meetings for the remainder of the calendar year 2009 from 7:30 p.m. to 7:00 p.m. (unless otherwise noted), starting March 1, 2009. Commissioner Gordon said that it seems to her that the Board should try it first before permanently changing all meetings. If this is done, it will be difficult for her because she has commitments in this timeframe. A motion was made by Commissioner Jacobs, seconded by Commissioner Pellisier to approve changing the start time of Board of Commissioners' meetings for calendar year 2009 from 7:30 p.m. to 7:00 p.m. (unless otherwise noted) starting March 1, 2009, with the stipulation by Commissioner Gordon that they re-visit this when they prepare their BOCC meeting calendar for 2010. VOTE: Ayes, 6; No, 1 (Commissioner Nelson) 7. Reports a. Summer Camp ("Sun Fun Camp") Report The Board received a report and survey that were prepared in response to a request from the Board for Parks and Recreation to provide follow-up information regarding the cancellation of the Sun Fun Camp program in 2008. Parks and Recreation Director Lori Taft said that this has been an ongoing issue and she gave background on this item. Denise Dickerson, Vice-Chair of the Parks and Recreation Advisory Committee, said that when this camp was canceled in 2007, a survey was done on the impact that closing the camp may have caused. The key findings include that 31% of the sample did not attend a camp in 2008 and 82% of those said that it was due to the cost. She said that Sun Fun Camp was the most affordable alternative, and the replacement was the Parks and Recreation sports camp. The conclusion was that there should be some sort of low-cost camp alternative to Sun Fun Camp. Discussion ensued on the plans for the interviews in the morning, because of the weather. 8. Board Comments - none 9. County Manager's Report - none 10. Appointments - none 11. Information Items - none 12. Closed Session - none 13. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board Orange County water supply reservoir water levels Available information as of 12:00 PM, Thursday, January 29, 2009 Lake Orange • Water level is full and spilling. Eno River Capacity Use restrictions have been lifted since midnight on December 61h. Reinstatement of restrictions in not anticipated until the beginning of the 2009 dry season. • Water storage capacity is at 100% (475 million gallons) • Approximately 141 days of water supply remaining (at Capacity Use specified release rate). • The Hillsborough gage indicates that the latest Eno River flows are at approximately 75 cfs (48.5 mgd). This flow represents a level that is approximately 250% of the historical median flow level (30 cfs) for this day of the year. • Orange Alamance has been operating its water plant five days a week (Monday-Friday) with average withdrawals of 300,000 gallons per day. West Fork Reservoir • Water level is full and spilling • Water storage capacity remaining is 100 % • Approximately 368 days of water supply remaining (assuming Town's current 30 day average water consumption rate (1.15 mgd). • The Town of Hillsborough Town Board currently has no water use restrictions on its customers in effect. OWASA Reservoirs • Water level at Cane Creek Reservoir is full. • Water level at University Lake is full. • Total remaining water storage capacity is approximately 100 % • Approximately 571 days of water supply remain with no additional rainfall (at the current 30-day average daily demand [6.8 million gallons per day]) • OWASA's year-round water conservation requirements are in effect National Weather Service/NOAA Regional Precipitation data (through 1/28/2009) (inches above [+] or below [-] normal) RDU Piedmont-Triad -1.08" since December 1, 2008 -0.39" since December 1, 2008 -1.10" since January 1, 2009 -0.63" since January 1, 2009 Miscellaneous notes The NC Drought Management Advisory Council drought map, last updated January 27, 2009, indicates that all of Orange County lies within the area of the state characterized as experiencing no drought conditions.