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HomeMy WebLinkAboutMinutes - 20071211APPROVED 2/19/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 11, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, December 11, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Valerie P. Foushee, Alice M. Gordon, and Mike Nelson COUNTY COMMISSIONER ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda The aqua sheet was the water update. There was an addendum to Item 3-c, regarding a survey quote from Alois Callemyn for the Kirby Conservation Easement item (lavender sheet). The red sheet was a revised abstract for item 4-k, Contract Approval: Professional Services Contracts Associated with the Design of County Campus Buildings The light pink sheet was for item 4-u, Authorization to Submit Grant Request to N.C. Agricultural Development and Farmland Preservation Trust Fund Item 4-v was Manager's Compensation. The salmon sheet was an addition to item 6-a regarding landfill gas options and the pros and cons of working with the University. The bright pink sheet was an additional item 4-w, Short-Term Lease: Parking Spaces at 501/503 W. Franklin Street The yellow sheet was for item 4-x, Changes to the Board of County Commissioners' meeting calendar. The dark green sheet was an additional item, 4-y, Safe Routes to School Action Plan Application. The orange sheet was an additional item, 4-z, Authorization for Additional Funding and Time for Hillsborough Farmer's Market Mediation Activities The light blue sheet was an additional item, Transfer Station Site Search Consultant Selection, item 6-e. There was also an additional memorandum regarding an update on the Hoyle King Zoning Enforcement (rose sheet). PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Holly Reid, President of the Eno River Association, thanked the County Commissioners for the good work they have done to protect Orange County's water resources. She introduced Robin Jacobs, Executive Director of the Eno River Association. She said that Orange County cares a lot about what it sends downstream. She said that in the Neuse River Basin, specifically the Eno River Basin, this is designated by the State as having 22 miles of nationally significant aquatic habitat. This month alone, the ERA has worked on 250 acres to protect, including the confluence lands, 110 acres approved by the County Commissioners to help in this partnership. This area has two miles of river frontage. She thanked the County Commissioners for the partnership. She presented each Commissioner with a 2008 Eno River Calendar. Gloria Vance-Sims, Director of the Division of Community Assistance in the North Carolina Department of Commerce, introduced Assistant Secretary Cleve Simpson. She said that she is proud to give recognition for outstanding service to the Orange County Department of Housing and Community Development. She recognized Tara Fikes, Director of this department. Cleve Simpson read the letter of recognition into the record. Dear Chairman Jacobs: On behalf of Secretary James T. Fain and the North Carolina Department of Commerce, I offer our most sincere appreciation and gratitude to Orange County. The county stepped in to assist with a matter that required an unbiased party to assess and to repair a Community Development Block Grant (CDBG) recipient's home. We could not have done it without the extraordinary efforts of your staff members, Ms. Tara Fikes and her team. Mr. Chairman, because of your willingness and complete cooperation you have proven to us and other taxpayers the true benefit of local governments rendering assistance to state government for the benefit of our communities. Yours respectfully, Cleve Simpson Assistant Secretary b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Resolution Recognizing and Honoring Barbara Baker The Board considered a resolution recognizing Barbara Baker, retiring Vice President of Student Support Services for Durham Technical Community College, for service to Orange County and the local community. Commissioner Carey read the resolution. A motion was made by Commissioner Carey, seconded by Commissioner Nelson to approve a resolution recognizing Barbara Baker, retiring Vice President of Student Support Services for Durham Technical Community College, for service to Orange County and the local community. RESOLUTION RECOGNIZING AND HONORING BARBARA BAKER WHEREAS, Barbara Baker has served as Vice President of Student Support Services for Durham Technical Community College; and WHEREAS, she has been an active member of the national and local chapter of the American Association of Women in Community Colleges since its inception over 15 years ago; and WHEREAS, she has served the community with active involvement with the Girl Scouts and as aboard member of the Central Carolina Chapter of the American Red Cross; and WHEREAS, she has been a sustaining member of the Junior League of Durham and Orange Counties; and WHEREAS, Barbara Baker has played an active role in the enhancement of the standards, services, and facilities for libraries in Orange County, especially through her service on the 2004 and 2007 Library Services Task Forces; and WHEREAS, Barbara Baker has helped to advance the educational status of many Orange County residents through her support of students attending classes in Orange County as well as on the Durham campus for over 20 years; and WHEREAS, she has helped drive the arrival of the Durham Technical Community College satellite campus in Orange County, currently scheduled to open in early 2008; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, on behalf of the residents of Orange County, hereby expresses its sincere gratitude and deep appreciation to Barbara Baker for outstanding and admirable public service; and BE IT FURTHER RESOLVED that the Board of Commissioners extends to Barbara Baker its highest regard and best wishes for many years of happiness, good health and rewarding experiences in her future endeavors. This the 11th day of December 2007. VOTE: UNANIMOUS b. 2006-2007 Comprehensive Annual Financial Report (CAFR) The Board received the Comprehensive Annual Financial Report (CAFR) and SportsPlex Report for the fiscal year ending June 30, 2007. Former Finance Director Ken Chavious said that he was here to present the 2006-2007 Comprehensive Annual Financial Report (CAFR), along with a separate audit of the Sportsplex Enterprise Fund. This presentation is a statutory requirement. This was the first year with the new auditors, McGladrey & Pullen, and the staff was pleased with the outcome and with the audit firm. He made a PowerPoint presentation, which addressed the highlights. COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2007 Board of County Commissioners December 11, 2007 FISCAL HIGHLIGHTS • General Fund Activity • Fund Balance Position • Debt Position • Solid Waste Landfill Fund • SportsPlex Enterprise Fund • Single Audit and Grants • Audit Results • Future Financial Challenges GENERAL FUND REVENUES AND TRANSFERS • REVENUES AND TRANSFERS TOTAL $169.5 MILLION • INCREASE OF 11.2% OVER 2006 • LEADING SOURCES OF REVENUE Property Taxes 65.8% Sales Taxes 13.1 Intergovernmental 14.4 Charges for Services 5.9% PROPERTY TAXES • ASSESSED VALUE $12.3 BILLION 2007 • INCREASE OF 4.2% OVER 2006 • 99.03% OF GROSS LEVY COLLECTED • REMAINS ONE OF THE STATE'S BEST (Statewide Average Rate 96.63%) GENERAL FUND EXPENDITURES AND TRANSFERS • EXPENDITURES AND TRANSFERS TOTALED $161.2 MILLION • INCREASE OF 8.0% OVER 2006 • LEADING EXPENDITURES INCLUDE EDUCATION 48.6% HUMAN SERVICES 22.0% PUBLIC SAFETY 9.4% $78.3 MILLION GENERAL FUND DOLLARS FOR EDUCATION 48.6% of EXPENDITURES • Current Expense $53.8 million • Capital $ 6.6 million • Debt Service $17.9 million • Number 1 in the State According to Most Recent Public School Forum Report FUND BALANCE POSITION • $21.4 Million Undesignated as of 6/30/2007 • Increase in Undesignated fund balance of $6.1 Million. • 13.24 % of 2007 Expenditures. • Exceeds LGC 8% Recommended Minimum • Positive Movement toward 15% Desired Level Undesignated Fund Balance As A Percentage of General Fund Expenditures (graph) Dollar Amount of General Fund Undesignated Fund Balance Shown in Millions of Dollars (graph) DEBT POSITION • OUTSTANDING GENERAL FUND DEBT @ 6/30/07 $233.3 MILLION • NET INCREASE IN DEBT OF $44.5 MILLION • ($59 MILLION NEW DEBT $14.5 RETIRED) • DEBT EVIDENCED BY BONDS $139.2 MILLION ALTERNATIVE $ 94.1 MILLION DEBT ISSUED 2006-2007 • $59,057,000 IN ALTERNATIVE FINANCING • $ 9.0 MILLION CARRBORO HIGH SCHOOL • $23.3 MILLION ELEMENTARY SCHOOL #10 • $ 3.5 MILLION CHCCS RENOVATIONS • $10.2 MILLION JUSTICE FACILITIES • $ 2.5 MILLION SENIOR CENTER • $ 2.3 MILLION WEST TEN SOCCER • $ 3.6 MILLION DTCC SATELLITE CAMPUS • $ .6 MILLION JAIL RENOVATIONS • $ 1.5 MILLION SPORTSPLEX RENOVATIONS • $ 2.2 MILLION SOLID WASTE OPERATIONS CENTER • .4 MILLION EFLAND SEWER • $6.9 MILLION UNISSUED BONDS DEBT POLICY PARAMETERS • Debt Will Not Exceed 3% of Assessed Value - Actual Debt = 1.95% of Assessed Value • Debt Service Payments Will Not Exceed 15% of Operating Expenses - Actual Pymts = 14% of Operating Expenses Solid Waste Enterprise Fund • TOTAL REVENUES OF $7.6 MILLION • TOTAL EXPENDITURES OF $6.5 MILLION • $1.1 MILLION REVENUES OVER EXPENDITURES • CASH AND INVESTMENTS OF $8.2 MILLION • CURRENT LIABILITIES OF $1.2 MILLION • $660 THOUSAND IN RESERVES APPROPRIATED 2006-2007 • VERY SOUND FINANCIAL CONDITION SPORTSPLEX • Net Assets at Year End of $342,257 • Increase of $187, 008 Over Prior Year • No County Funds Needed for Day to Day Operations • Separate Audit Performed • Audit Letter Recommended Operational Improvements SINGLE AUDIT AND GRANTS • $124.8 MILLION FEDERAL AND STATE GRANT FUNDS • DSS FUNDS APPROXIMATELY $102 MILLION MOSTLY DIRECT PAYMENTS • HOUSING AND CD FUNDS $5 MILLION • SINGLE AUDIT COVERS BOTH FINANCIAL AND PROGRAM COMPLIANCE • NO QUESTIONED COSTS POSITIVE AUDIT RESULTS • Successful audit process • Continued Implementation of New GASB Requirements • Auditors Performed New SAS Requirements • Sound Financial Policies and Procedures • "Unqualified Opinion" (GOOD) • Findings, Recommendations And Responses. FUTURE FINANCIAL CONSIDERATIONS • Debt Issuance for County Campus and Animal Shelter and Remaining Bonds. • GASB 45 Implementation (OPEB) and Other New Prouncements • Pay and Classification Study • Finalizing New Revenue Options • More Consideration to Internal Audit Function • Consideration of Establishing Formal Audit Committee John Gilberto with McGladrey and Pullen said that this was afirst-time audit for this firm, and with the CAFR changes, there was a lot to do and there are more changes for next year. He reiterated the importance of an internal audit committee. He said that staff did a great job and it will be tough to see Ken Chavious retire. He recommended that the Board focus on the statistical section and the special analysis in the front section. Ken Chavious thanked his staff, the staff of Orange County, and the County Commissioners. b-1. Resolution Recognizing Ken Chavious Commissioner Foushee read the Resolution Recognizing Ken Chavious. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve a resolution recognizing Ken Chavious, retiring Finance Director of Orange County, for his service to Orange County and the local community. RESOLUTION RECOGNIZING KEN CHAVIOUS WHEREAS, Ken Chavious has retired as Orange County Finance Director after almost 30 years as a public servant; and, WHEREAS, Ken Chavious was born and raised in Orange County, and is a proud graduate of Orange High School in 1971, and a graduate of Fayetteville State University in 1976; WHEREAS, he began his career with Orange County in 1978 as an Accounting Clerk, advancing up to Finance Director, a position held since 1989; and, WHEREAS, for each of the 18 years he served as Director of Finance, the Government Finance Officers Association of the United States and Canada has awarded Orange County the Certificate of Achievement for Excellence in Financial Reporting; and, WHEREAS, at a state level, Ken Chavious has served as President of the North Carolina Government Financial Officers Association and also as President of the North Carolina Association of County Finance Directors, the first African American to serve in this position; and, WHEREAS, the North Carolina Association of County Commissioners recognized Ken Chavious as the Outstanding County Finance Officer in 2003; and, NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners do hereby recognize Ken Chavious for his hard work, dedication and exemplary service to the people of Orange County. This the 11th day of December 2007. VOTE: UNANIMOUS c. Resolution Authorizing Contract to Purchase Real Property from Fred M. Kirby The Board considered a resolution authorizing Orange County's purchase of approximately 145 acres of land from Fred M. Kirby for a future Northeast Orange district park site subject to a conservation easement on the property granted to Triangle Land Conservancy or granted to another qualified conservation organization and authorizing the Chair to sign, subject to final review by staff and the County Attorney. Environment and Resource Conservation Director Dave Stancil said that this is a purchase of approximately 145 acres of land from Fred M. Kirby for a future Northeast Orange district park site subject to a conservation easement on the property granted to Triangle Land Conservancy or granted to another qualified conservation organization. He said that when the Parks and Open Space Bond was approved in 2001 by the voters, one of the key components for the Lands Legacy portion, approximately one-third of the amount, was the acquisition and land banking of park sites identified in the Recreation and Parks element of the Comprehensive Plan. This area is consistent with the park plan and meets the criteria. This site is within the Little River Watershed. If this site is approved, the staff would return to the Board with a stewardship plan and a concept plan for the property. Rich Shaw showed an aerial photo of the property, which fronts on Schley Road and Mincey Road. There is a pond and there are no structures on the property. The site is also known as the old Wilson Farm. The open land is fairly level. There are a couple of streams on the property, and the forested areas are on the southwest portion of site and the western boundary. He said that there are provisions for the property, such as no landfill or transfer station, but a solid waste convenience center would be allowed. The Triangle Land Conservancy has expressed interest in holding a conservation easement for this property. The property will be land banked for a future district park. For the short-term, staff will develop a stewardship plan for the site, including the possibility of leasing the property for agricultural uses. A concept plan for a park will be brought to the Board during the first quarter of 2008. The County is considering locating a solid waste convenience center here, and this would be sited at the southern end of the property, with access from Mincey Road. In 2008, a conservation easement would be granted to forever protect the site from a landfill or a waste transfer station. The Triangle Land Conservancy would like to protect the streams within the site also, with buffers, but not anymore than the County would already impose upon itself for developing this site. With the acquisition of this park site, the Lands Legacy Program will shift its focus to Bingham Township to acquire the last remaining park identified in the County's Park Master Plan from 1988. He read the Manager's Recommendation. Chair Jacobs made reference to a letter from Alois Callemyn regarding the survey contract. He said that the funds to purchase this property would come from the 2001 bond. Commissioner Carey made reference to the purple sheet and said that many things are not included in the proposal agreement. Dave Stancil said that what is needed for the survey in the closing will be accomplished. PUBLIC COMMENT: Steve Piscitelli, President of HYAA Baseball, said that the organization has about 500 children playing baseball in the spring and about 250 in the fall. He said that one of the major issues is the situation with the fields. The leagues are already at or near capacity and HYAA is in danger of losing the fields on the Daniel Boone property. He said that HYAA would be interested in having baseball fields on this property and would like to have input in the conceptual plan. He said that HYAA would be able to maintain these fields and he thanked the County Commissioners for funding HYAA in 2008. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to: 1. Adopt the resolution (as shown below); 2. Authorize the Chair to sign the contract on behalf of the County, subject to final review by staff and County Attorney; and 3. Exempt this project from the surveyor selection process as provided in the N. C. General Statue 143, Article 3D; and 4. Authorize a contract to hire Alois Callemyn to complete a boundary survey and plat of property for recording in conjunction with the conservation easement, in an amount not to exceed $8,550, and authorize the Manager to sign the contract; and 5. Instruct the County Attorney and staffs from ERCD and Finance to schedule and complete a closing on the property expected to occur on or about December 31, 2007. RESOLUTION Intentions Regarding Acquisition of the Kirby Property WHEREAS, Orange County has an active Lands Legacy Program which includes a component for the acquisition of future park sites; and WHEREAS, the property owned by Mr. Fred Kirby (hereinafter "the Kirby property") in Little River Township, as identified in the attached map, meets the identified needs for a district park in north-central Orange County dating back to the 1988 Parks Element of the Comprehensive Plan; and WHEREAS, the Kirby property has two streams that flow north to the South Fork of the Little River; and WHEREAS, Orange County may have the need for a solid waste recycling and solid waste disposal convenience center to serve the northeast quarter of the County; and WHEREAS, a solid waste recycling and solid waste disposal convenience center can be located on the Kirby property compatibly with County protected watershed regulations and compatibly with the planned district park so long as the center's access roads/drives come from Mincey Road; and WHEREAS, before any facilities are sited on the property, the County will establish a collaborative planning process that includes public input from the community; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners will acquire the Kirby property as defined in the attached map as the site for the future district park in north-central Orange County, with a master plan and park construction to occur at an undetermined point in time in the future. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby states its intention to accept a conservation easement on the property substantially in the form of Exhibit A to the Offer to Purchase and Contract, granted to a qualified conservation organization, which will prohibit the location on the property of a solid waste landfill or a solid waste transfer station. BE IT FURTHER RESOLVED that any Orange County recycling and solid waste disposal convenience center located on the property will have its access roads/drives from Mincey Road. This the 11th day of December 2007. VOTE: UNANIMOUS NOTE: See amendment to the Resolution in Item 9 d. Final Feasibility Study Report for the Regional Value-Added Shared Use Food Processing Center The Board received the final feasibility study report for the Regional Value Added Shared Use Processing Center and considered scheduling a work session to discuss the findings. Noah Rannells said that this process began in 2005 when the Ag Center Work Group was appointed by the County Commissioners to study the need for an Ag Center and aValue- Added Food Processing Center. The citizen group submitted a report in May 2005 and recommended that the County proceed with a feasibility study for this processing center. In October 2006, the County Commissioners sent a letter to neighboring counties to try and make this a regional effort. As a result, Alamance, Durham, Chatham, and Orange Counties are partnering, along with Weaver Street Market and Whole Foods to finance the feasibility study. In April 2007, the contract was signed and this report was submitted by the consultant in November. There was a small meeting among Commissioners from each county participating just before the end of the contract period with the consultant, and the general response was favorable. He said that each representative Commissioner is reviewing this information with their respective boards. There is also an advisory group meeting planned for next Monday. The recommendation is for the County Commissioners to consider this for a future work session to review the report before proceeding. Commissioner Nelson said that this is really exciting and he wanted to flag an item - the Valley Forge Road site -which is a potential site to meet DSS needs. He would like more information on this for the future work session. Commissioner Gordon said that in March it was decided that this facility on Valley Forge Road was going to be dedicated to DSS needs. She asked why this was not considered in the report. Laura Blackmon said that it is true that this site was approved by the Board of County Commissioners for DSS, and then later on other options became available. She said that the consultant went to each county and looked at sites and he did like this site but there has not been any commitment by anyone for this site. It was a parallel process. The consultant was not directed by Orange County staff to look specifically at this location. Commissioner Gordon said that it is important for the County Commissioners to figure out the Capital Improvement Program before undertaking any commitments. She suggested resolving the CIP before taking this issue up again and receiving the report with no commitments. Commissioner Carey said that this is an exciting opportunity and has the potential for attracting economic development in Orange County. He said that he read this as a recommendation only from a consultant and not a commitment. Commissioner Foushee agreed with Commissioner Carey and said that she does see this as a step towards economic development. Chair Jacobs said that the other County Commissioners are going to go back to see if their boards wanted this facility in Orange County and no commitment was made. He urged the Board to move expeditiously. He said that there are indications from the Director of Social Services that this was not a preferred site, otherwise, it would not have been on the table. Noah Rannells said that the survey results in the feasibility study were the strongest results in North Carolina justifying such a facility. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to receive the report and consider scheduling a work session to discuss the findings of the feasibility study. VOTE: UNANIMOUS e. Presentation of Orange County Schools 2008-18 Unfunded Capital Needs The Board received a presentation of Orange County Schools 2008-18 Unfunded Capital Needs. Donna Coffey said that she received a call from the Superintendent today that Dr. McFarley, who was scheduled to make this presentation, could not attend because of sickness, so she will be giving this presentation. On November 5th the Board received the Manager's Proposed 2008-2018 County and School Capital Investment Plan. This plan included funded capital needs that totaled $216 million for all three entities. In addition, the plan included unfunded needs for the County and for the CHCCS. The OCS Board of Education, due to transitioning of the Superintendent, did not have an opportunity to look at unfunded needs at that time. A copy of the unfunded needs is in the packet, along with the unfunded needs for the County and the schools. The funded capital needs include projects whose costs fall within the current and future revenues that are available to the County. The unfunded needs include projects whose costs fall beyond those currently available revenues. Just because some projects may fall in the unfunded category at this point, it does not mean that the County will not complete the projects. It does mean that, in order to complete the projects, the County will have to find the resources and revenues beyond the current revenue stream. The unfunded needs for all three entities total about $344 million over the next ten years. The unfunded needs for OCS include: - Activity buses - $280,000 - Expansion to alternative school - $200,000 - Athletic Facilities - $4 million - Building improvements to existing schools - $3.3 million - Replacement of HVAC systems in schools - $1.7 million - New Central Office - $6 million - Parking Lot Improvements $850,000 - Roofing replacements - $1.5 million - Technology - $5.9 million Commissioner Gordon made reference to the abstract, and the paragraph before "Financial Impact", which says, "In accordance with the revised 2008-18 Capital Investment Plan (CIP) approved by Commissioners," and said that the Board did not approve the plan, but approved the revised timeline for the plan. She said that this is important to note. The public hearing will be February 5, 2008. Also, $344 million is a massive amount for unfunded needs, and she would like more detail from the school districts about the projects, similar to the County's charts. Laura Blackmon said that many of the unfunded projects are $500,000 per year. The initial CIP that was distributed to the Board suggested looking at only issuing debt for very large amounts (over $10 million). She wants to talk about other ways of gaining flexibility to fund smaller projects on a regular basis instead of issuing debt. 4. Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from the November 13, 2007 joint meeting with the Board of Health and the 7:30 p.m. Work Session as submitted by the Clerk to the Board. b. Appointments -None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 54 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. New Dental Fee for Occlusal Guards and Fee Adjustment The Board approved a new fee of $274 for an occlusal guard, a $95 lab charge for the occlusal guard, and $92 for alveoplasty by quadrant. e. Neaotiations with Property Information Manaaement Svstem Software Vendors This item was removed and placed at the end of the consent agenda for separate consideration. f. Residential Anti-Disalacement and Relocation Assistance Plan The Board adopted a Residential Anti-Displacement and Relocation Assistance Plan for Orange County. g_ Impact Fee Reimbursement This item was removed and placed at the end of the consent agenda for separate consideration. h. CJPP 2007-2008 Service Continuation Contracts The Board approved contracts for the continuation of services provided through the NC Criminal Justice Partnership Program and authorized the Chair to sign subject to final review by staff and the County Attorney. i. West Ten Soccer Center Phase II Contract Award The Board awarded a bid and approved a contract with Brooks Construction in an amount not to exceed $1,660,933 for Phase II construction of the West Ten Soccer Center; and authorized the Chair to sign on behalf of the Board; and authorized the Manager or her designate to execute and report to the Board any future change orders within the project budget as may be appropriate. L Contract Approval: Leading and Governing Associates Training and Facilitation Services The Board approved an agreement with Leading and Governing Associates in an amount not to exceed $10,000 for training and facilitation services associated with the County Commissioner retreat and Department Director training; and authorized the Manager to execute the agreement. k. Contract Approval: Professional Services Contracts Associated with the Design of County Campus Buildings The Board approved contracts with Brockwell and Associates, Inc. in the amount of $249,235 and assignment to the County of the Contract between Engineered Designs, Incorporated and Telesis Construction Company in the amount of $148,571 for design services associated with the office building and library building on the County campus; and authorized the Chair to sign on behalf of the Board. I. Contract Award: Construction Manager at Risk Services for Emergency Services Facility The Board approved the Agreement; authorized the Chair to sign on behalf of the Board; and authorized the Manager or her designate to execute and report to the Board any future change orders within the project budget as may be appropriate. m. SportsPlex Facility Management Agreement This item was removed and placed at the end of the consent agenda for separate consideration. n. Use Agreement with KidsCope for Space at Northside This item was removed and placed at the end of the consent agenda for separate consideration. o. FY 2007-08 Budget Amendment # 5 The Board approved budget and grant project ordinance amendments for fiscal year 2007-08 for Department on Aging, Health Department, Solid Waste Enterprise Fund, Department of Social Services, and Sheriff Department. ~ Recommendation to NCDOT Concerning the Addition of Roads Within the Charles' Woods Subdivision to the State Road System The Board forwarded the Charles' Woods Subdivision Petition for Addition to the State Maintained system to NCDOT with a positive recommendation. ~ Strategic Growth -Rural Conservation (SGRC also known as TDR) Consultant Implementation Update/Possible Contract Amendment This item was removed and placed at the end of the consent agenda for separate consideration. r. Approval of Salary of the Orange County Elections Director The Board approved the salary of the new Orange County Elections Director. s. Approval of Sanitary Sewer Easement on Elementary School #10 Site and Proposed Cost-Share Agreement The Board approved the easement document granting a sanitary sewer easement to OWASA as depicted on the map attached to the abstract which easement will be finalized by the County Attorney when the revised utility easement map is prepared by the architecture and engineering firm for the Schools, and authorized the County Manager to execute, on behalf of the County, the cost-share agreement including any changes to it that are approved by the County Manager and the County Attorney, provided said changes do not substantially alter the agreement in the form attached. t. Authorization to Submit Grant Request to N.C. Agricultural Development and Farmland Preservation Trust Fund This item was removed and placed at the end of the consent agenda for separate consideration. u. Short-Term Lease: Parking Spaces at 501/503 W. Franklin Street The Board approved a License Agreement with Mr. Spencer Young for six months, commencing upon a mutually agreed upon date, under the terms as presented and contingent upon Attorney and staff review; and authorized the Manager to execute the agreement. v. Manager's Compensation The Board increased the County Manager's salary to $146,002.50. w. Change in BOCC Regular Meeting Schedule for 2008 The Board amended its regular meeting calendar for 2008 by adding an Annual Planning Retreat on Saturday, January 26, 2008 from 9:00 a.m. to 4:00 p.m. (breakfast at 8:30 a.m.) at the Southern Human Services Center in Chapel Hill, N. C. x. Change in BOCC Regular Meeting Schedule for 2008 The Board amended its regular meeting calendar for 2008 by adding a dinner meeting on Tuesday, January 15, 2008 at 5:30 p.m. at the Link Government Services Center in Hillsborough, prior to the 7:30 p.m. regular meeting at F. Gordon Battle Courtroom in Hillsborough, North Carolina (this dinner meeting will be with the Logan Revenue Options Education Advisory Committee to hear presentations from consultants on a land transfer tax and sales tax). ~ Safe Routes to School Action Plan Application The Board endorsed the Resolution of Support and Administration, which is incorporated by reference, to apply for a NCDOT SRTS Action Plan Service Award. z. Authorization for Additional Funding and Time for Hillsborough Farmer's Market Mediation Activities The Board authorized up to an additional 15 hours of mediation time through the Dispute Settlement Center for a total of up to 25 hours of total mediation time, with the other participants/groups being asked to commit to the additional 15 hours, for a total of 25 hours total mediation time, and the associated cost. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: e. Negotiations with Property Information Management System Software Vendors The Board considered giving approval to negotiate with Property Information Management System software vendors and related consultants for project management and specialized legal counsel in order to develop a contract proposal for implementation of a new land records and property taxation system. Commissioner Gordon said that this is an important item, but the financial impact statement makes it clear that the Board is not authorizing expenditures beyond the $200,000 for two years and the $50,000. She wanted to highlight this that it is an expensive project. She asked for clarification on the complexity of this project. Chief Information Officer Todd Jones said that the current system is almost 30 years old, but it has served the County well, and it has outlived its lifespan. Commissioner Gordon asked for an explanation as to what the contractors are to do. Todd Jones said that this is very complex and involves the Assessor's Office and Revenue Collector's Office, but he also wants to tie it into other land-based activities such as GIS, Land Records, Register of Deeds, Planning, etc. Because of this complexity, it is important to have a dedicated resource to help manage all of the different requirements. He said that this also has an impact with municipal partners who look to Orange County to perform taxation. Laura Blackmon said that another aspect is that this is utilizing two vendors and trying to integrate two projects. There will also have to be some changes in operations within the major departments and how they interact. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to authorize the following actions by Staff to advance the contract approval phase for a new Property Information Management System: 1. Enter into negotiations with Patriot Systems and NCACC/IIS, the recommended software vendors; 2. Enter into negotiations with prospective consultants for an associated project manager; and 3. Reserve the option to retain, as required, specialized legal counsel for contract negotiations with Patriot Systems and the NCACC and IIS. VOTE: UNANIMOUS g_ Impact Fee Reimbursement The Board considered approving the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $21,000 for seven new homes. Commissioner Carey said that he supports this item, but it is embedded in the agenda and many of the public entities do not know what is going on. He wants everyone to know what the County is doing to support affordable housing. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $21,000 for seven new homes. VOTE: UNANIMOUS m. SportsPlex Facility Management Agreement The Board considered renewing an agreement with Recreation Factory Partners, Inc. to provide facility management for the Triangle SportsPlex; and authorizing the Chair to sign, contingent upon attorney review. Chair Jacobs said that he removed this because he saw Mr. Stock in attendance and he wanted to thank him for a good partnership and good work so far. Chair Jacobs made reference to buying local and said that he would like to adopt a standard in the future to buy local produce, etc. for the County's operations, to help sustain the local economy. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve the management agreement renewal with Recreation Factory Partners, Inc. through June 30, 2010, contingent upon attorney review of the renewal documents; and authorize the Chair to sign on behalf of the Board. John Stock said that when this partnership was originally done, his company had not done partnerships before and this has been a pleasure. VOTE: UNANIMOUS n. Use Agreement with KidsCope for Space at Northside The Board considered authorizing the use of space at the Northside facility as program space for KidsCope; and authorizing the Manager to negotiate and execute the agreement. Commissioner Nelson said that he loves Kidscope but approval of this item is agreeing to share this space or giving this to KidsCope before there is a policy in place. Laura Blackmon said that the County has been allowing entities to use County facility space without agreements in the past and sometimes without the approval of the Board of County Commissioners as a whole. The use of the space is not pertaining to physically locating the space as much as it is using it temporarily. The goal was to move KidsCope forward. Commissioner Nelson said that he wants the policy in place and he did not realize that in the past there were no agreements. Purchasing and Central Services Director Pam Jones said that Kidscope was under the auspices of OPC, so it was not with the County before. Commissioner Nelson asked about assessing rent and Pam Jones said that it has not been assessed yet. KidsCope has to be moved out of the the OPC building and into an alternative space. KidsCope has agreed to upfit the space. Commissioner Gordon said that it would be good to do help Kidscope. She would like to explicitly address what is going to be done with the vacated space at Northside. The Department on Aging has moved out and there is some space and land there. Laura Blackmon said that staff has been meeting preliminarily about this space and the space at the Northern Human Services Center. These are probably further along in the CIP, probably three years. Commissioner Gordon said that she does not want to wait for three years. She wants to decide what will be done with County space, especially vacated county buildings, and affirm this in the CIP. Pam Jones said that she agrees and this facility is fairly new to the County and was not covered in the space study. One of the reasons is because it was recently vacated. There have been some preliminary staff discussions, and there will be some larger scale recommendations along with the space study for this facility. Commissioner Gordon asked to be sent information on the square footage at Northside via email. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to authorize the Manager to negotiate and execute a space use agreement allowing KidsCope the use of space in Building #1 at the Northside facility per the general terms outlined above. VOTE: UNANIMOUS ~ Strategic Growth -Rural Conservation (SGRC also known as TDR) Consultant Implementation Update/Possible Contract Amendment The Board received an update of the SGRC/TDR consultant work and considered a contract amendment. Commissioner Gordon said that she pulled this because it was a discussion item and yet it was on the consent agenda. She noted the Planning Board discussion on this item. She suggested a recommendation as follows: That the consultant would be relieved of deadlines as noted in the original contract; that the consultant would charge no additional fees between December 11th and the re-initiation of work; and the County Commissioners would consider re- initiating the work in the first round of the implementation ordinances after the Comprehensive Plan is complete, approximately Fall 2008. She asked if this would fix what the Planning Board wanted. Craig Benedict said that would cover it. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the language as stated above by Commissioner Gordon. VOTE: UNANIMOUS t. Authorization to Submit Grant Request to N.C. Agricultural Development and Farmland Preservation Trust Fund The Board considered authorizing staff to make grant applications to the North Carolina Agricultural Development and Farmland Preservation Trust Fund by the December 14, 2007 deadline. Commissioner Gordon said this is a grant request for conservation easements and agricultural enterprise funds for the shared value-added process center. She said that since the County is not committing itself to any particular location, then the grant should be written to that effect. The grant funds should be able to be used flexibly. Ag Economic Development Coordinator Noah Rannells said that this is new funding from the State and both projects are very competitive. With regard to submitting a grant that allows for flexibility in location, his understanding is that a grant request such as that would not get favorable reviews because any granting agency wants to know in detail what their funds will do. If there was not a specific location identified, the proposal would be very weak. Commissioner Gordon said that the County has not committed to the Valley Forge site in any way, and if the grant application is successful for this site, it will be a commitment for this site. Chair Jacobs suggested that it would be very easy to leave out of the application at this point the mention of the building. There is a feasibility study going forward and Senator Kinnaird scheduled a meeting for him with Commissioner Troxler, at which he encouraged Orange County to apply for this grant. If the Board moves expeditiously on the CIP, there should be more certainty on whether this building will be used or not. Commissioner Foushee asked if the grant could be amended if this property were not going to be used. Noah Rannells said probably. He said that the challenge is coming up with the 30% match and determining the magnitude of the grant that can be applied for. Commissioner Foushee said that the name of the building would not have to be left out because it could be amended later if the grant were received. Commissioner Carey asked about the reactions of other counties to a site in Orange County. Noah Rannells said that it seems that all neighboring counties are supportive of this. Commissioner Gordon said that the farm enterprise incubator should go into the proposal also so there would not have to be buy-in from other entities. She wants to know what the other counties are willing to pay also. Noah Rannells said that, in his opinion, a grant proposal that tries to cover both components would be difficult to write and he does not think that they would be reviewed favorably because they are very different projects. Chair Jacobs asked if the County could apply for both projects. Noah Rannells said that the County could put in both projects, one of the projects, or neither. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to submit a grant application for the shared value-added food processing center and not the Breeze Farm at this time. Commissioner Nelson said that it feels weird to be applying for a grant for this project when the other counties have not signed on yet officially and there is no facility. Commissioner Gordon agreed and said that it is premature. Laura Blackmon made reference to item #4 in the feasibility study (page 6) under the action items suggested by the consultant, which was to contract with the lead project developer for services. There are some other things about developing the plans for the creation of the non-profit management entity. She suggested looking at the development aspects as part of what the grant would actually fund. This might move the project further along because the other counties would not have to put money in until later. VOTE: Ayes, 3; Nays, 2 (Commissioner Gordon and Commissioner Nelson) Commissioner Gordon said to tell other counties that the County Commissioners did not approve the report unanimously. 5. Public Hearings-NONE 6. Regular Agenda a. Landfill Gas Recovery Process Options The Board considered additional information needed to evaluate the proposed options for developing a gas recovery project at the Orange County Landfill. The salmon sheet had some additional information, including pros and cons of working with UNC or a private entity on this. Laura Blackmon said that the Board asked staff to meet with UNC and develop pros and cons. The meeting was yesterday and the staff pointed out some concerns with the County in dealing with the landfill gas project. One of the concerns is that this needs to move forward quickly because landfill gas is a commodity. There are also some issues with odor control as well as potential revenue. It is UNC's policy not to respond to RFP's. The goal is for Carolina North to break ground as early as 2009. The desire of the University is that at least the first phase of the project will be carbon neutral. The University would like to use the gas to produce energy at Carolina North. There will have to be an interim plan on the utilization on how to deal with the landfill gas prior to it being utilized on site. The University is requesting that the memorandum of understanding give it 90 days for time to evaluate several items -check the amount of gas generated, explore the feasibility of piping the gas to Carolina North, and come back to the Board with a draft agreement. She said that if it gets to the point where, in order for the University to move forward that they would have to bring in a vendor to do what staff was recommending, staff would not recommend this to be part of the agreement. Associate Vice Chancellor of Auxiliary Services Carolyn Efland said that the meeting was good yesterday, and she made a list of things that would need to be included in the MOU. She hopes that her amended MOU would address the County's concerns. She said that from UNC's point of view, the cost of capital offsets the tax credit advantage to make it a wash for the County and there should not be a financial advantage to using a private developer. She said that the University wants to make Carolina North carbon neutral period and not just in the first phase. The landfill gas alone would make the energy carbon neutral in the first phase. Laura Blackmon said that the staff would not come with the MOU until January 15th, so there will be some time to work on this. Commissioner Nelson asked clarifying questions about the gas at Carolina North. Carolyn Efland said that the advantage of having the gas at Carolina North and not having electricity is that the thermal and electrical energy requirements can be met simultaneously and it is much more efficient. She said that the University would like to collect and clean the gas, take it to Carolina North, and use it simultaneously for thermal and electric energy. Regarding what would be done with the gas before the facility is up and running, the gas would have to be flared in order to address the odor issue. Clearly, the end product has to be energy or some other beneficial use. The University is currently in the special use permit process with the Town of Chapel Hill for the innovation center. Commissioner Nelson asked Solid Waste Director Gayle Wilson about the landfill gas peak and Gayle Wilson said that it is peaking now. Commissioner Nelson said that this gas needs to be captured now. He said that he is a little skeptical that the Carolina North facility will open in 2009. Carolyn Efland said that the potential for the gas if it is just used for electricity is about 750 kilobytes. There is already more power than that being used in existing facilities at Carolina North. If the gas could be piped for electricity generation at Carolina North, the existing facilities could be served. A motion was made by Commissioner Carey, seconded by Commissioner Nelson to defer action on this item until January 15, 2008 for staff to bring back a memorandum of understanding. VOTE: UNANIMOUS b. Professional Services Agreement with Corley Redfoot Zack for Space Planning Associated with Space Reallocation at Link Center The Board considered authorizing the Manager to enter into an agreement with Corley Redfoot Zack in an amount not to exceed $14,700 for space planning services associated with the Link Center remodeling project that will occur following the opening of the new county campus buildings in 2008; and exempting this project from the qualifications-based selection process as allowed by G.S. 143-64.32. Pam Jones said that the County would be taking possession of the Gateway Center in late January. By the first of March, the County will have the offices for Tax Assessor, Revenue, and Register of Deeds. This will open up space at the Link building. This item would allow the County to retain Corley Redfoot Zack to help reallocate the space according to the departmental needs. One of the issues for decision is whether to have a public meeting room in the facility. There would be capability for live broadcasting, etc. Mr. Redfoot has suggested just doing a space planning exercise at first, which would cost $14,700 and is budgeted in the CIP. At such time the actual program for the building is developed, the cost for design would be submitted. Commissioner Gordon said that the County Commissioners have not adopted the space study that has to do with the Link Center. The Board has only talked about it, but has not adopted it. She said that if this were not committing the County to any particular programming, configuration, or CIP amount, then she would be ok with it. Pam Jones said that there is no provision for commitment in this item. She said that there will be some wide-open spaces with departments moving. The Board has discussed previously that the people that are currently located in the Government Services Center Annex would become occupants of this building. Since that time, the Manager has made certain decisions regarding reorganization of departments that would also impact people moving to this building. There are a lot of things up in the air. There is $100,000 budgeted right now, and this is a continuation of the plan that the Board has had all along. The Board would continue to have active discussions about this. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve authorizing the Manager to enter into an agreement with Corley Redfoot Zack for space planning services associated with the Link Center remodeling project in an amount not to exceed $14,700; exempt this project from the qualifications-based selection process as allowed by G.S. 143-64.32, with the understanding that there is no commitment to specific programming, specific departments, or authorization of CIP funding at this time. Commissioner Carey asked about the completion date of this work and Pam Jones said that this is not along-term process. She thinks that within six weeks the space planning could be defined. Ideally, construction documents should be back in 4-5 months. Chair Jacobs said that when the Board made decisions about Fairview Park, part of that discussion with Hillsborough, which was fully shared with the Board, was that Hillsborough decided not to build a meeting space there and agreed to save the mature hardwoods with the understanding that it could share potential County meeting space with the Board of County Commissioners. This was discussed with the Board and changed Hillsborough's plans with the Fairview property. He said that he supports the motion but decisions will need to be made soon. Commissioner Carey said that he wants to know Hillsborough's commitment. Orange County has a meeting with Hillsborough on February 26tH VOTE: UNANIMOUS c. Schools Adequate Public Facilities Ordinance (Schools APFO) -Approval of Membership and Capacity Numbers The Board considered approval of November 15, 2007 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools), which will be used in developing 10-year student membership projections and the 2008 SAPFO Technical Advisory Committee Report and authorizing the Chair to sign. Perdita Holtz said that these figures are used to develop 10-year student membership projections. Student growth in OCS over last year's membership was 164 students and in CHCCS was 338 students. Capacity figures are unchanged from last year except the addition of 800 seats at the high school level in CHCCS due to the opening of Carrboro High School. Commissioner Gordon said that at the elementary school level, the capacity is over 105% for CHCCS. This means that CHCCS may not be able to issue CAPS for certain developments. She said that it is important to look at Elementary School #11 in the CIP to figure out how this will be addressed. She said that the County Commissioners have also said that when Elementary School #10 comes on line, then the State Class-Size Reductions will be implemented in grades K-3, which will immediately reduce the capacity. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve the November 15, 2007 membership and capacity numbers as submitted by each school district and authorize the Chair to sign the student capacity and membership forms. VOTE: UNANIMOUS d. Report on the Consultant Services to Determine Topographic Elevation Data and Authorization to Proceed with a FEMA Grant Application The Board reviewed the results of the land surveying for the floodplain elevation certificates surveying project and considered authorizing staff to proceed with a FEMA Hazard Mitigation Grant Program. Planning Director Craig Benedict said that in the 2007-08 budget, the Board of County Commissioners approved $26,000 for surveying of properties determined to be within floodplains. This work has proceeded and of the 86 properties, letters have been received from 78 of the property owners to come and survey the properties. The purpose of the surveys is for the County to participate in a community rating system, which is a national flood insurance program. This procedure would enhance the County's potential to become part of the program and reduce flood insurance rates for people that are in flood zones. To date, over 40 of the properties thought to be within the floodplain are not actually in the floodplain and have been built at elevations above the minimum floodplain. There are also some grant funds through FEMA, with a 25% match, to help correct some of the properties in the floodplains. The deadline for the first of the applications is January 11tH Another grant is coming forward in March 2008 and the staff will bring this forward at that time. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to pursue the FEMA Hazard Mitigation Grant and finalize all documentation prior to the January 11, 2008 FEMA a-Grant deadline for the Manager's signature. VOTE: UNANIMOUS e. Transfer Station Site Search Consultant Selection The Board considered the technical consulting firm that will assist the Board of County Commissioners in locating a site for the development of a new Orange County Waste Transfer Station. Commissioner Nelson said that there were two good interviews and there was general agreement with one firm - Olver, Inc. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to select Olver, Inc. to assist the Board in developing and executing a new process for a transfer station. VOTE: UNANIMOUS 7. Reports a. Recreation and Parks Facility Use Policies The Board considered policies associated with use of recreation and parks facilities and properties. Chair Jacobs said that no decision is to be made tonight. Laura Blackmon said that staff found three old ordinances in place, and the staff needs more time to review this item and there is more work to be done. The staff also must look at other facilities. She said that the Recreation and Parks Facility Use Policy will also be a subset of a larger ordinance, and staff would like to do it similarly to the way the Personnel Ordinance is being done so that there is some flexibility. Chair Jacobs suggested seeing if there are any comments now and then having written comments to Manager and staff later. Commissioner Foushee said that there needs to be some recommendations from staff that might address the issue of Hog Day and the County's relationship with the Town of Hillsborough as it relates to Hog Day. Recreation and Parks Director Lori Taft said that the draft document raises some issues that she has heard the Board discuss the last few months, and she has tried to incorporate some of these issues such as: no reservations of an entire park, people who do reserve facilities in parks for use cannot charge for people to come in and use the facilities, nobody can waive fees, certain fees would not be charged up front to certain entities (i.e., school districts). She asked for guidance on any issues where she might be incorrect. She asked about how many days in a row a facility could be reserved. She put in five days, but this could be discussed later. Chair Jacobs made reference to general rules for facilities and said that alcohol and tobacco issues are repeated. He suggested fleshing this out in one place in the ordinance. He made reference to page 6, #5 and said that the County had a proposal that the Carolina Farm Stewardship take over having an Ag Heritage Festival at New Hope, and under this ordinance, they would not be allowed to do that. Lori Taft said not unless the County co-sponsored or sponsored them. Chair Jacobs said that further comments could be emailed to the Manager. b. Comprehensive Plan Update -Staff/Consultant Report The Board received a brief presentation from staff and Roger Waldon, Clarion Associates, on the status of the Comprehensive Plan Update. Tom Altieri said that the plan update is on schedule and there are no problems. The County initiated phase two of the two-phased update process in October. There will be a public hearing in May 2008 on the draft comprehensive plan update. Attachment 3 is a draft table of contents for the draft comprehensive plan. He said that County staff and the consultant will conduct a public input session on January 28th at 7:00 p.m. at the Southern Human Services Center. This input session will be in addition to those scheduled in April and has been added in response to public requests to provide input at this stage in the process. The next status report to the Board of County Commissioners will be in March 2008. Roger Waldon said that they are on schedule with this plan and he thanked the Board of County Commissioners for this. He said that staff and advisory boards have been great and the amount of cross-referencing of information is amazing. He said that whenever there is more community dialogue, then more ideas come forth. Some of the ideas are related to EDDs, affordable housing, etc. He said that the next step is to generate some draft reports to the advisory boards and there will be a presentation to the Board of County Commissioners in March. Commissioner Foushee thanked staff for the inclusion of the additional input meeting. Commissioner Gordon asked how the input in January would be used. Tom Altieri said that the public input session would be treated as a listening session. There will be brief status reports and public discussion will be maximized. A report will be prepared following the meeting that will be distributed to all of the advisory boards, the element managers involved in this process, and to the consultant. Commissioner Gordon asked if staff wanted written comments from the County Commissioners and Tom Altieri said yes, to what was provided in the agenda packet. 8. Board Comments Commissioner Nelson said that a while back the Board received a report about violations at Lake Orange. There was a comment in the report that he would like more information about regarding violations not being enforced. He thinks that this is referring to Neuse River Basin rules. He would like to know if it is just Neuse River Basin rules or Orange County's rules and why the rules are not being enforced. Commissioner Foushee wished all a safe and happy holiday. Commissioner Carey said that he attended a meeting on transportation last week sponsored by the NCACC to explain how counties can invest in building roads. There was not a favorable response among the attendees to get involved in this funding for transportation. There will be more information on this. Commissioner Gordon underscored what Commissioner Carey said and said that this was discussed at the Transportation Advisory Committee of the DCHC-MPO. Commissioner Gordon highlighted that the Board is having a public hearing in February for the CIP. She would like to see this well publicized. Chair Jacobs requested that at the January 15th meeting that there be a summary of all of the follow-up items from this last year and which ones are still pending. Chair Jacobs congratulated Art Mines who has requested a train stop in Hillsborough. Four governments have endorsed this idea and it is being considered actively. He said that one person can actually make a difference when there is a good idea. Orange County has also endorsed this idea. Chair Jacobs suggested, now that we are going to be spending a year considering a transfer station siting, that Commissioner Nelson, as the liaison to SWAB, bring up with that group whether there have been sufficient changes in technology and in practice, for the board to consider, alternatives to burying solid waste. This is his 9th year on this board and the board have never discussed this issue and there may not be anything that has changed enough for them to do anything different. He would like to solicit from SWAB some type of recommendation whether or not they think this is a fruitful area for the BOCC to pursue parallel to siting the transfer station. There may be that there are better alternatives available that they have not looked at Commissioner Gordon said what do you want them to do if they find anything and Chair Jacobs to have the SWAB to give them a recommendation whether there are other alternatives available to them to burying solid waste, in an environmental safe manner. He said that is why he wanted to ask people that are experts in this field. Chair Jacobs congratulated the Manager for fulfilling a year in this job. Chair Jacobs said that the County Commissioners are meeting with Mebane elected officials on Thursday and a draft agenda has been submitted. Commissioner Gordon asked how this should be handled with regard to noticing the meeting. Clerk to the Board Donna Baker said that the County Attorney said that these meetings were not subject to the public meetings law. Commissioner Gordon said that all meetings of this kind are public and should be noticed. 9. County Manager's Report Laura Blackmon said that the staff has continued to discuss with UNC the possibility of working with them for some of the spin-offs and some of the secondary growth. Most of these are in line with the matrix of economic development opportunities that the EDC has been looking at. Also, she would like to have a discussion about retention and expansion of businesses in Orange County. Some companies have moved outside of Orange County. One of the discussions at the work session about economic development is that 42% of the workforce leaves the County to work elsewhere. She said that it was important to continue to move forward with things such as the Breeze Farm, value-added processing center, and farmer's market. These are all considered economic development initiatives. The County will be advertising for the Economic Development Director position and she will focus on someone who has some experience working with businesses that are currently in Orange County and will steer away from the economic development personalities that are trying to seek and lure other companies to the county. She thinks that Orange County is more interested in trying to enhance what it already has than attracting businesses from somewhere else. Amendment to Resolution Authorizing Contract to Purchase Real Property from Fred M. Kirby (Item 3-c) Geof Gledhill made reference to the resolution for the Kirby property and said that the Board needs to amend the decision to approve this resolution to add language with respect to the conservation easement, which will restrict permitted development from encroaching on stream buffers that will be determined by mutual agreement. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to amend the resolution as stated above. VOTE: UNANIMOUS Chair Jacobs suggested not fixing agenda items in this way at future meetings because it opens doors of second-guessing of what has already been done. Continuation of County Manager's Report Laura Blackmon made reference to information in the agenda packet on the Whitted Building. She said that there has been a committee working on ADA requirements in County buildings. This year, there is $50,000 budgeted and she would like to utilize the funding for automatic doors at Whitted. There was also $250,000 budgeted for the parking lot on the east side of the Health Department for making it more accessible to handicapped. Other ADA issues will be addressed in the coming year, such as the Link building. 10. Appointments a. Chapel Hill/Orange County Visitors Bureau -New Appointment The Board considered making a new appointment to the Chapel Hill/Orange County Visitors Bureau. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to appoint Dave Gephart to the Chapel Hill/Orange County Visitors Bureau to a partial term ending December 31, 2008. VOTE: UNANIMOUS 11. Information Items BOCC 2007 Goal: Smart Growth /Green Building Report BOCC 2007 Goal -Land Conservation Report Update on Whitted Human Services Center Renovations 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to adjourn the meeting at 10:40 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board