HomeMy WebLinkAboutMinutes - 20081021 1
APPROVED 11/18/2008
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
October 21, 2008
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, October
21, 2008 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Valerie
P. Foushee, Alice M. Gordon, and Mike Nelson
COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr.
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 Baker.
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 lavender sheet was a revision for item 10-a, Adult Care Home Community Advisory
Committee — New Appointment. The yellow sheet was related to item 6-b, Diane Chappell —
Appeal of Minor Subdivision Application.
Chair Jacobs said that the County Commissioners were sent an email about adding an
item to the agenda tonight because of a State deadline, but after a conversation with a member
of the Department of Transportation this afternoon, there is still time to consider this issue, which
will be on the November 6th agenda.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Rev. Robert Campbell thanked the Board of County Commissioners and asked if the
Eubanks Road site was officially off the list of possible sites for the transfer station.
Chair Jacobs said that the County Commissioners identified three sites that they will
pursue, but it is always possible to go back to the other seven sites on the list. The Eubanks
Road site is not currently on the table, but it was one of the four that was eliminated.
Rev. Robert Campbell encouraged the County Commissioners to continue to listen to the
community and do things in good faith.
Lynette Hartsell is from the Friends of Lake Orange and presented a petition regarding
the management of the water levels at the lake. She asked that this material be made a part of
the minutes. There are two issues. One is the installation of 21st century equipment that will
properly monitor the release of water from Lake Orange. Currently, the management of the
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release of water is done by a very old piece of equipment and does not function properly. This
causes waste of water. The second issue is that the Board should consider putting in its 20-year
comprehensive plan at least a mention of a 20-year net safe yield value for Lake Orange. She
said that the Town of Hillsborough has, for a number of years, offered $25,000 to supplement the
purchase of this equipment.
She thanked the Orange County Engineering staff, including Kevin Lindley and Paul
Thames, for being courteous and professional.
Petition to the Commissioners of Orange County, North Carolina
As citizens of Orange County, North Carolina, we ask that our Commissioners take
immediate action to responsibly manage the precious water resources in Lake Orange, the only
water reservoir in northern Orange County, a public-private partnership established in 1967 and
managed by the County.
Specifically, we request that you:
- Immediately provide the funds to purchase and install the equipment to permit remote
valve control and measurement of the actual water discharges from Lake Orange.
- Advocate for responsible use of the impounded water by demanding that water
releases from Lake Orange for users be no more than the calculated 20-Year Net
Safe Yield.
Petition Fact Sheet for Lake Orange Water Releases
Water Release Not Effectively Controlled
- Orange County controls the release of water from Lake Orange based on a Voluntary
Capacity Use Agreement that was developed in 1988 and updated in March 2000
when the Hillsborough Reservoir (WFER) was placed on line.
- Release of water from Lake Orange is done by manually turning a valve and waiting
36 to 48 hours before discharged water gets to a measurement gauge in Hillsborough
(over 9 miles away) to try to ascertain if the desires result is attained.
- Significant Risk exists that more water than desired is released as no direct
measurement is made of the water amount actually released.
- The Town of Hillsborough has allocated $25,000 towards the purchase and
installation of remove valve control for Lake Orange plus for remotely monitored
measurement capability.
- Orange County must implement the remotely controlled valve and monitor equipment
by allocating an additional $55,000 to responsibly manage water releases.
Excessive Water Releases Permitted
- The current Voluntary Capacity Use Agreement allows up to 2.76 Million Gallons per
day for users.
- The 20-Year Net Safe Yield (NSY) for Lake Orange is assessed as 1.0 Million Gallons
per day, significantly less than the amount permitted.
- The County must demand appropriate release amounts — no more than the 20-Year
NSY to ensure a sustainable amount of water will be available during drought periods
and summer time periods where risk of drought is greatest.
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Lake Orange 20-Year Net Safe Yield Study
Total Safe Yield:
The Amount of Water that can be safely released from Lake Orange each day for User
consumption plus the amount also released for Instream flow requirements as defined by the
"Eno River Basic Voluntary Water Management Plan" plus the channel losses associated with
the transit of water to the user and instream measurement sites.
20-Year Net Safe Yield:
The Amount of Water that can be released each day to satisfy the User consumption needs (not
including the amount also released for Instream Flow requirements or losses) such that no more
than 1 year in 20 will result in depleting the capacity of the reservoir. (i.e., less than 5% likelihood
in any year of failure to successfully provide that level of withdrawal to satisfy User needs.
Conclusion:
Following a review of results of this analysis (including the severe reduction of effective
watershed during periods of little or no rain) with Mr. Paul Thames and Mr. Kevin Lindley of
Orange County Engineering, the 20-Year Net Safe Yield (USER Safe Yield) for Lake Orange is
judged to be:
20 Yr Net Safe Yield = 1.0 MGD
(1 Million Gallons per day available for safe release for Users)
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. Status Report from Board of Elections
The Board received a status report from the Board of Elections Director Tracy Reams on
the current election and related issues.
Tracy Reams made reference to the article concerning the State's actions to block voters
and that it is being done illegally. Orange County provided a press release to the County
Commissioners and the public from the Executive Director of the State board that this is simply
untrue. She said that every qualified unregistered voter is able to register and vote in Orange
County. There is very detailed information about the removal process.
Another issue is that voters think that if they vote early, that the vote will not count unless
it is a close race or a tie. This is also untrue. She encouraged everyone to vote early. As of this
afternoon, 16,000 people have already voted at one of the five early-voting sites in the County.
She spoke about each site and gave the opening hours of each. There are also optical scan
machines so that there is a paper trail.
Commissioner Nelson said that he recalls that Elections is looking for space because it is
out of the Orange Enterprises building. Tracy Reams said that they are in great need of space.
The Orange Enterprises warehouse is still being used. After the election, she might come back
to the Board with more information on the space needs.
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b. Voluntary Agricultural District Designation: McAdams Farm
The Board considered an application from Howard H. McAdams, Jr., for certification as
qualifying farmland within the High Rock/Efland Voluntary Agricultural District.
Dave Stancil summarized the abstract. This designation is a voluntary, non-binding
conservation agreement to keep the farm as farmland for a ten-year period. McAdams Farm is
on 191 acres on Efland-Cedar Grove Road, and it meets the criteria to become a participating
farm in the High Rock/Efland Voluntary Agricultural District.
He showed some pictures of the farm.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
certify the McAdams Farm as qualifying farmland and designate it as the second farm within the
High Rock/Efland Voluntary Agricultural District.
VOTE: UNANIMOUS
4. Consent Agenda
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from September 9 (5:30 and 7:30 p.m.) and September 16,
2008 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 49
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Work First Block Grant Local Plan
The Board approved the two-year Work First Plan for 2009-2011.
e. Forest Service Contract for Fiscal Year 2008-09
This item was removed and placed at the end of the consent agenda for separate consideration.
f. Small Business and Technology Development Center(SBTDC) Contract Renewal for FY
2008-09
The Board renewed a contract with the Small Business and Technology Development Center to
continue support of small business development services for Orange County business and new
& existing entrepreneurs as stated in the Economic Development Strategic Plan adopted May 14,
1996, and reaffirmed by the Economic development commission in its new strategic plan,
Investing in Innovation: 2005-2010 and authorized the Manager and the Clerk to the Board to
execute the contract.
El Futuro, Inc. Request for Funding: Mental Health and Substance Abuse Services
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. Change in BOCC Regular Meeting Schedule for 2008
The Board amended its regular meeting calendar for 2008 by adding a BOCC Mini-Retreat on
Friday, November 14th from 10:00 a.m. —4:00 p.m. — Location TBD.
i. Approval of School Districts Local Current Expense Fund Balance Policy
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The Board approved a joint School Districts Local Current Expense Fund Balance Policy
between Orange County Board of County Commissioners and Chapel Hill Carrboro City and
Orange County Schools.
L Change Order Approval for Construction of Sewer Line to Leachate Pond
The Board approved a change order to Clancy and Theys in the amount of $247,758 for the
sewer construction associated with the Animal Services Facility and the leachate pond at the
Landfill; and further authorized the Manager to approve change orders up to an additional
$36,242, which represents the difference between the budgeted amount ($284,000) and the
construction amount ($247,785).
k. Bid Award: Live-Floor Trailer for Orange County Solid Waste
The Board awarded bid #1555 to Atlantic Utility Trailer Sales, Inc. of Thorofare, New Jersey for
the purchase of one (1) Live-Floor (self-unloading) Trailer for use by the Recycling Division of the
Department of Solid Waste Management at the delivered cost of $60,244 and authorized the
Purchasing Director to execute the necessary paperwork.
I. Bid Award: Cat Condos, Cat Cages and Animal Runs for Animal Shelter
The Board awarded a bid at a cost of $20,340 to Snyder Manufacturing Company of New
Sharon, Iowa, and Shor-line/Schoer Manufacturing Company of Kansas City, Kansas at a cost of
$202,104.62 for cat condos, cat caging and animal runs to be used at the new Animal Services
Facility; and authorized the Purchasing Director to execute the necessary paperwork.
m. Encroachment Agreement for Fiber Communications Construction Associated with
Animal Services Facility
The Board approved a Two Party Right of Way Encroachment Agreement between the North
Carolina Department of Transportation and Orange County that allows the installation of the fiber
telecommunications facilities to the Orange County Animal Services Facilities on Eubanks Road
and authorized the Chair to sign.
n. Zoning Ordinance Amendment: Sections 6.20 and 6.20.1 to Address Approval
Requirements for County Projects Using Large Ground Absorption Systems
The Board closed the public hearing, approved the amendment to Article Six (6) Application of
Dimensional Requirements, specifically Section 6.20 and 6.20.1 Large Ground Absorption
System (3,000 gallons per day) and Package Treatment Plants Prohibited in AR Districts and
Rural Buffer Districts of the Orange county Zoning Ordinance; and directed the Planning Board
to add to its work plan for the coming year (to be reviewed by the BOCC) the aforementioned
development of a comprehensive set of rules and procedures for County projects using Large
Ground Absorption Systems.
o. Zoning Ordinance Amendment: Sign Regulations for Recreational Land Uses
The Board closed the public hearing and approved the amendment to Article Nine (9) Signs and
Section 6.29.3 The Economic Development Design Manual Part Three (3) Design Criteria
Section 3.5 Signs and Lighting of the Orange county Zoning Ordinance to establish specific
regulations governing the erection of signs at recreational land uses.
The Forest at Little River— Preliminary Plan
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:
e. Forest Service Contract for Fiscal Year 2008-09
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The Board considered approving the annual agreement between Orange County and the
North Carolina Department of Environment and Natural Resources (DENR) for protection,
development, reforestation, management and improvement of forestlands located in the County
and authorizing the Chair to sign, subject to final review by staff and the County Attorney.
Chair Jacobs asked why a forest service contract was no longer with ERCD as the staff
contact, and it now with Emergency Services. Budget Director Donna Coffey said that ERCD
has not been a contact with this item in the past but the Budget Department has. Emergency
Services is the contact now because they work with the Fire Marshal's office.
Chair Jacobs asked to include ERCD in the contacts for this. He said to make sure that
ERCD is aware of the contract.
County Forest Ranger Jacob Pressley said that the contact has typically been with
Emergency Services through the Fire Marshal. This has a lot to do with the Emergency Services
responsibilities regarding forest fires. He does not see any problems between his office and
Emergency Services in the last four or five years, and would rather not change it.
Chair Jacobs said that this would be more internally for the Board of County Commissioners
and not for the Forest Ranger.
Laura Blackmon said that Emergency Services would defer to ERCD for issues of water
quality. Jacob Pressley agreed.
A motion was made by Commissioner Nelson, seconded by Chair Jacobs to approve the
annual agreement between Orange County and the North Carolina Department of Environment
and Natural Resources, subject to final review by staff and the County Attorney, and authorized
the Chair to sign the agreement.
VOTE: UNANIMOUS
El Futuro, Inc. Request for Funding: Mental Health and Substance Abuse
Services
The Board considered a request from El Futuro, Inc., a Carrboro not-for-profit providing
behavioral health resources for underserved Latinos in Orange County.
Luke Smith, MD, Executive Director of El Futuro, Inc., said that the recommendation is not
what he had hoped for, but they have asked for the recommended funding from the HSAC
Committee from the spring, and he understands that this is not available at this time. He said
that he would be happy to receive partial funding and he is actively cutting services.
Commissioner Nelson said that the Board made a decision as a group in the spring about
how to handle these types of allocations and it was a very difficult decision. He said that this
group is doing a tremendous job for a community that is being underserved. He said that this
organization would be at the top of his list for next year. He regretfully thinks that the Board
should stick to the decision that was made in May.
Chair Jacobs agreed with Commissioner Nelson and said that, as the County
Commissioners go forward, there is even more strain on the budget. He said that the County
Commissioners would be willing to express support to private agencies on behalf of El Futuro,
Inc.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
deny the request pending from El Futuro, Inc. for funding in FY 08-09.
VOTE: UNANIMOUS
The Forest at Little River— Preliminary Plan
The Board received the Administration and Planning Board recommendations; and
considered making a decision on the Preliminary Plan for The Forest at Little River subdivision.
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Chair Jacobs said that he understood that it was suggested by staff that if the Planning
Board unanimously approved a subdivision preliminary plan that it should just automatically go
on the consent agenda. He said that as long as he is a County Commissioner, he will pull it from
the consent agenda every time, because he does not think the County should do things that way.
Commissioner Nelson agreed.
Chair Jacobs said that he was confused by the recommendations regarding perpendicular
crossings and the roads being constructed to DOT standards.
Planning Supervisor Robert Davis explained these two items.
Chair Jacobs made reference to the issue with DOT and said that he is concerned that,
when dealing with the government, it is good to get it in writing. He said that there is a lack of
specificity about what is accepted.
Geof Gledhill made reference to Condition B1 in the Resolution of Approval requires that
the road be built to DOT standards and the construction has to be approved by DOT.
Chair Jacobs asked if the changes made to septic tanks, clotheslines, drought-friendly
vegetation, etc., would be included in the Homeowner's Association Agreement.
John Bugg, the applicant, said that the Homeowner's Association Restricted Covenants
are already on record and he thinks that the things mentioned by Chair Jacobs are already
covered by this.
Chair Jacobs suggested that the Planning Board look at a boilerplate Homeowner's
Association Agreement and see if the Planning Board has suggestions regarding environmental
standards of the County.
Laura Blackmon suggested getting some key staff together to deal with these kinds of
issues.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve the preliminary plan in accordance with the Resolution of Approval in Attachment 1.
VOTE: UNANIMOUS
5. Public Hearings
a. Public Hearing on the Local Government Commission Action Approving an
Extension of Time for the 2001 Authorization to Issue Parks, Recreation and Open Space
Bonds
The Board considered conducting a Public Hearing on the Local Government commission
action approving an extension of time for the 2001 Authorization to issue Parks, Recreation and
Open Space bonds as required by North Carolina Statute 159-64.
Gary Humphreys introduced this item. On October 71h, the LGC approved an order of an
extension for a period of time to issue parks and open space bonds for three additional years.
This would be an increase from seven to ten years. After the LGC approval, a public hearing is
required.
No public comment.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
close the public hearing.
VOTE: UNANIMOUS
b. Public Hearing on the Local Government Commission Action Approving an
Extension of Time for the 2001 Authorization to Issue Low and Moderate Income
Housing Bonds
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The Board considered conducting a Public Hearing on the Local Government
Commission Action approving an extension of time for the 2001 Authorization to issue Low and
Moderate Income Housing Bonds as required by North Carolina Statute 159-64.
Gary Humphreys said that this is similar to the above but with affordable housing bonds.
The action by the LGC was to extend for three additional years also.
No public comment.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
close the public hearing.
VOTE: UNANIMOUS
6. Regular Agenda
a. Approval of an Order Entitled Extending Time for Issuing Parks and
Affordable Housing Bonds Approved in 2001
The Board considered approving an Order extending the time for Issuing Parks and
Housing Bonds approved in 2001 and directing the Clerk to publish a notice of the Board's
Action.
Gary Humphreys said that this is an action to approve the order that the LGC acted on
and the action approves the extension of both of the 2001 bond orders. After approval, it has to
be advertised for 30 days.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve an Order extending the time for Issuing Parks and Housing Bonds approved in 2001 and
direct the Clerk to publish a notice of the Board's Action.
VOTE: UNANIMOUS
b. Diane Chappell —Appeal of Minor Subdivision Application
The Board considered taking action on an appeal of a subdivision application for the
Yeargan Estate minor subdivision that was approved by the Planning Department subject to
compliance with a provision contained within the County Subdivision Regulations that is
objectionable to the applicant.
Robert Davis said that the purpose of this item is to take action on an appeal for a minor
subdivision. The tract is located off Whitfield Road in Chapel Hill Township. The subdivision is
19 acres and is undeveloped at this time. The proposal is for two lots and is an estate.
Originally, this was discussed more than a year ago and was going to be five lots. At some point
after that, Diane Chappell came to the Planning Department and indicated that she preferred that
her lot be left out of the estate and Lot 1 would be left on the estate for her two brothers. She
was told that this could not be done, but that she could file a two-lot subdivision and there could
be one access point.
The two-lot subdivision was approved with one access point (he pointed to the map),
between the existing lot that Ms. Chappell lives on and the newly created Lot 2 that she would
gain title to once the ownership is settled. Ms. Chappell came back and requested that the old
farm road be the access point rather than doing a shared driveway. This cannot be done
according to the subdivision regulations, and staff proposed that her existing driveway be used
with a right-of-way recorded. Ms. Chappell is appealing this. The Planning Department still feels
that a direct access where Ms. Chappell desires would not be in accordance with the subdivision
regulations.
The staff recommendation is Option 1:
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Relocate the proposed joint driveway to the common boundary line of Tracts 1 and 2 and
record a joint driveway agreement. Ms. Chappell may create a joint driveway at the centerline of
the new lot and the lot upon which her residence is located, and then close her current
residence's driveway with this option.
Geof Gledhill said that Planning staff has approved this subdivision with the certain
driveway configurations. That is the decision that is being appealed. The applicant has
appealed the approval of the subdivision with the conditions of approval that are part of the
subdivision approval. The Board's options are to affirm the approval of the subdivision with the
conditions, deny the applicant as submitted, or to approve the subdivision with some other
conditions related to road access.
PUBLIC COMMENT:
Mike Parker is the attorney representing Diane Chappell. He gave some history. The
Yeargan family has owned this property since 1903. Her parents had deeded this property to her
and her husband in the mid-70's and they built their house on it and have lived there for 30+
years. When her mother passed away in 1989, the will divided the property to her and her two
brothers, with the provision that the property that was previously given in the 70's would be
counted against her share of the property. Ms. Chappell's intention is to get her parcel out
because her brothers have a contract to sell their parcel. He commended the Planning staff for
being so considerate during this process.
He clarified page 2 of the abstract regarding the old farm road. He distributed some
pictures of this road. He said that there is an existing culvert and driveway connection there. He
explained the problems with the three options. Option 3 would require Ms. Chappell to access
her Lot 2 from the common driveway, and the perspective purchaser of Lot 1 has indicated that
he would expect Ms. Chappell to share in the maintenance cost of that driveway and also for the
construction cost of that driveway. Also, her lot would be subject to restrictive covenants put on
the proposed subdivision of Lot 1. Options 1 and 2 would ultimately require Ms. Chappell to
burden her existing property with an easement to provide access to Lot 2. This will reduce the
value of her existing property. He thinks that this will lessen the value of Lot 2 because it will not
have direct access to Whitfield Road. He said that this is a very unique situation created by the
fact that DOT has put a driveway in here and it has been there for close to 50 years. He thinks
that this makes an exception possible in this case.
Commissioner Gordon said that she does not understand the argument about the
driveway being there for 50 years, because it has not been used. Mike Parker said that it is not a
new driveway, but the culvert is there. He thinks that it makes a difference.
Robert Davis said that for a joint driveway, there would have to be the standard width.
Commissioner Nelson said that the staff recommendation could have been written
clearer.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve the Yeargan Estate minor subdivision application with Driveway Option 1, subject to all
those conditions included in the attached January 9, 2008 letter of approval from the Planning
staff.
Chair Jacobs said that he would feel comfortable giving the applicant any one of the three
options.
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Commissioner Foushee said that none of these options are favorable to the applicant.
She called the question on the motion.
Chair Jacobs made a friendly amendment to the motion to include Driveway Option 2 and
Driveway Option 3 and let the applicant decide.
Commissioner Gordon and Commissioner Nelson agreed.
The motion is to approve recommendations 4, 5, and 6 at the option of the applicant.
VOTE: UNANIMOUS
c. Proposed Change in Service Agreement with Triangle Transit for Orange
Public Transportation to Operate Route 420, Hillsborough and Chapel Hill, Mid-day
The Board considered approving a proposed change in service agreement with Triangle
Transit for Orange Public Transportation to operate only the mid-day 420 Route between
Hillsborough and Chapel Hill Transit Service to operate the peak early morning and late
afternoon 420 Route.
Department on Aging and Transportation Director Jerry Passmore said that this proposal
has several benefits and will resolve the overcrowding of the buses. This also adds service to
the Durham Tech campus. He said that with the completion of the new senior center at the
Sportsplex as the HUB for the bus, this will connect the two senior centers.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve a proposed change in service agreement with Triangle Transit for Orange Public
Transportation to operate only the mid-day 420 Route between Hillsborough and Chapel Hill
Transit Service to operate the peak early morning and late afternoon 420 Route.
VOTE: UNANIMOUS
d. Presentation of Recommended 2009-19 County Capital Investment Plan (CIP)
The Board received the recommended 2009-19 County Capital Investment Plan (CIP).
This does not include school projects.
2009-19
County Capital Investment Plan
Presentation of Recommended Plan
Orange County, NC
October 21, 2008
FY 2009-19 County Capital Investment Plan
•Ten-year plan for County projects totals $206.2 million
•Reflects collaborative efforts of County departments to meet community needs
•Project revenues include pay-as-you-go and anticipated future debt
•Chapel Hill Carrboro and Orange County Boards of Education plan to present their long range
capital plans to Commissioners during the November 13, 2008 budget work session
Revenue Highlights
•Follows principles of County Capital Funding Policy adopted by Board on April 24, 2007
.Continues dedicated revenues to offset annual debt payments for School and County
projects
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.School Construction Impact Fees, Public School Building Funds, Dedicated
Property Taxes
.Assumes no increase in School Construction Impact Fees
•Plan also earmarks additional property tax to offset cost of annual capital maintenance of
facilities
.Policy earmarks 3 cents for School related projects
.2 cents has been funded since adoption of Policy in 2005
.Funding remains at 2 cents for 2009-19 CIP
.Policy earmarks 1 cent for County related projects
.Has not been funded to-date
.FY 2009-19 CIP recommends full funding of 1 cent for County beginning in FY
2009-10 to maintain County facilities (identified in Appendix D of the CIP
document)
Capital Plan Highlights
•Funds much needed clinical and office space for Human Service agencies to better serve our
clients
.$24.9 million to purchase and develop Hillsborough Commons into Human Services
campus for Department of Social Services, Health and other departments
.$6 million to construct addition at Southern Human Services Center
.Will allow for relocation of dental clinic from leased space and provide additional
clinical space for Health Department
•Addresses County-wide library needs
.Construction of new library located in downtown Hillsborough anticipated to open in 2009
.Provides additional $3 million to address future library facilities identified by the Library
Services Task Force
•Offers expanded recreational opportunities for residents throughout the County by continuing to
develop parks and preserve lands
•Preserves structural integrity and mechanical systems in current County facilities
•Invests in technology that will enable our workforce to be more efficient and provide services in
a more streamlined manner
Areas for Further Board Discussion
•Potential divestiture of County properties
•Recommendation to fund 1 cent for County recurring capital
•Unfunded County projects
.Examples include future phases of Northern Human Services Center, Courts and
Detention and Senior Center Expansion
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CIP Document At A Glance
.Summary of Funded County Capital Projects (pages i through ii)
.Individual County Capital Project Pages (pages 1 through 87)
.Annual Debt Service Obligations (Appendix A)
.Unfunded County Capital Projects (Appendix B)
.ADA Facilities Work Plan (Appendix C)
.County Facilities Needs (Appendix D)
.County Information Technology Needs (Appendix E)
.Emergency Services Capital Needs (Appendix F)
.County Capital Funding Policy (Appendix G)
Next Steps
.October 28, 2008 Budget Work Session
.Commissioners and staff discuss recommended funding levels for County projects
.Commissioners provide further direction to staff regarding the recommended 2009-19
County CIP.
.November 13, 2008 Budget Work Session
.Chapel Hill Carrboro City and Orange County Boards of Education present their
approved 2009-19 CIP to Commissioners
.November 18, 2008 Regular Meeting
.Public Hearing to receive comments regarding the 2009-19 Recommended County and
Schools' CIP.
.December 1, 2008 Regular Meeting
.Opportunity for Commissioners to provide further direction that may follow the public
hearing scheduled for November 18, 2008.
.December 11, 2008 Regular Meeting
.Commissioners adopt School and County 2009-19 CIP
.March 2009 Regular Meeting
.Commissioners adopt Schools and County 2009-10 Capital Budget (the first year of the
multi-year capital plan) and corresponding capital project ordinances that authorize capital
expenditures for the upcoming fiscal year.
Document Availability
•County Budget Office
■208 South Cameron Street, Hillsborough
•County Website (beginning October 22, 2008)
•www.co.orange.nc.us
•Local Libraries
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Commissioner Nelson said that he would like to approve this whole document on
December 111h. He thinks that the County has suffered in the past by not having the 10-year CIP
approved. He thanked Laura Blackmon for bringing up the selling of County property.
Commissioner Gordon asked about making accurate revenue projections for the March
2009 work session.
Laura Blackmon said that everyone is aware of the volatility of the availability of funds.
The staff will keep the Board of County Commissioners as updated as possible. The important
thing is to have a plan.
Commissioner Gordon said that the information is too general and she would like more
detailed information.
Chair Jacobs suggested trying to make this as clear and simple as possible, not only for
the Board, but for the public.
Chair Jacobs asked about the retrofitting of energy efficient fixtures. Laura Blackmon
said that staff was looking at a two-year plan for this.
Commissioner Foushee said that it would be helpful to know, in talking about putting
monies back into the Capital Improvement Plan, that there is a line item established for recurring
capital.
Laura Blackmon thanked staff for working so hard on this plan.
e. Efland Sewer Rate Study
The Board reviewed the recently completed rate study and considered recommendations
on implementation of a new rate schedule.
Engineering Specialist Kevin Lindley introduced Frank Davis with Raftelis Financial, who
made the PowerPoint presentation.
Efland Sewer System
Board of County Commissioners
October Meeting
Rate Study Report
October 21, 2008
Workshop Agenda
•Current Environment and Challenges
•Current Rate Structure
•Revenue Requirements
•Rate Recommendations
>Rate Structure Modifications
>Alternative Rate Programs
•Affordability Strategies
Current Environment and Challenges
•Small Efland customer base —200 accounts
>Large number of low & fixed income customers
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Substantial treatment costs
>$10.35 per 1,000 gallons of metered sewer flow
>Substantial inflow & infiltration (I&I) — 30%
>Greater than Efland total rate revenues
•Requires annual subsidies from County General Fund
>Ranging from $80k in '05 to $106k in `07
Current Rate Structure
•No change since 1987
•Minimum charge results in inequities for low use customers
>Presents challenges to low-income customers
>Low use customer pay higher cost per unit
•Usage charge below cost of service
>Below cost of treatment
0300% across-the-board increase required for full cost recovery
Revenue Requirements
•Based on FY 2009 operating budget
>$207k in O&M expenses
>$144k for treatment costs
>$40k eliminated from original budget
>$0 capital improvements
Operating costs escalated at 3.0% annual inflation
>Anticipated shortfall (subsidy?) $142k
Capital costs through 2017
>$1.7 million to extend service to additional customer
>$490k for pump rehabilitations & manhole collars
Rate Recommendations
Rate Structure Modifications
Eliminate minimum usage allowance
•Introduce revenue neutral monthly base charge
>Per customer account charge of $5.20
>Maintain $4.50 per 1,000 gallons of water use
>Customers below 3,000 gallons of water use receive benefit
>Customers with 3,000 gallons of water use or higher pay more
•More equitable and fair to low use and lower income customers
Alternative Rate Programs
•Maintain current rates
>Shortfall (subsidy) of $142k
>Shortfalls increasing over time with no increase
•Increase rates by 150% on January 1
>Recovers $40k eliminated from budget
>Shortfall (subsidy) of $100K
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>Should recover additional $80k in FY 2010
•Increase rates by 300% by January 1
>Achieves revenue sufficiency in FY 2009
>Provides additional revenues in subsequent years to address capital expenditures.
Affordability Programs
•Lifeline Rates:
>Eliminate monthly base charge for low-income customers
•Discount Plans:
>Reduce bill of low-income customers by a percentage
•Leak Repair Programs
>Provide vouchers for plumbers to identify and repair leaks in low-income homes
•Loss revenue should be recovered through general fund subsidy
Laura Blackmon pointed out that the sewer system has not had a rate change in 20 years
and the goal is for it to sustain itself and not to make money. In order to do that, the
recommendation is to increase the rates over a three-year period. The salmon-colored sheet has
a table with the increases.
Discussion ensued on the rate of water usage in Efland.
Chair Jacobs suggested looking at how schools are treated in the Town of Hillsborough
with regards to water, because the increase in rates will affect Efland-Cheeks Elementary
School.
Frank Davis suggested charging the school the same rate, especially if the rate of usage
is relatively typical as far as the characteristics. If the school is given a preferential rate, then it
will increase everyone else's rate.
Frank Davis continued with the PowerPoint.
Commissioner Gordon would like to take care of the people that cannot afford the rate
increases. She thinks that the new customers should be charged the new rates. She agrees
with phasing in and suggested having a public hearing.
The rate change is set up to begin with the January bills.
Laura Blackmon said that the public hearing is proposed for November 61h. Chair Jacobs
suggested putting information in the bills, which would be between November 15th and 201h.
Commissioner Nelson is not comfortable with taking this to public hearing until the Board
has been able to discuss it more.
Chair Jacobs suggested putting this on the November 61h agenda as a discussion item
and then on November 24th for public hearing.
Chair Jacobs would like to understand more how closely Orange-Alamance and
Hillsborough rates parallel with these proposed rates. He would like to look into giving this over
to Hillsborough, as long as an out-of-town rate was not charged.
Commissioner Gordon suggested having an executive summary for the public so that it is
easier to understand.
f. Board of Commissioners Meeting Calendar for Year 2009
The Board was to consider final approval of the regular meeting schedule for the Board of
County commissioners for calendar year 2009.
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This item was moved to the work session on October 281h
Budget Process FY09-10: Outside Agency Grant Funding
The Board was to review the Outside Agency Grant allocation process used in preparing
the current fiscal year operating budget and consider approving changes proposed for the
upcoming fiscal year.
DEFERRED
h. Hillsborough Area Rail Station Task Force
The Board was to consider establishing a short-term Rail Station Task Force (creation
and appointments)jointly with the Town of Hillsborough with approval of the attached resolution.
This item was moved to the work session on October 281h
7. Reports - none
8. Board Comments - none
9. County Manager's Report - none
10. Appointments —ALL DEFERRED TO OCTOBER 28th WORK SESSION
a. Adult Care Home Community Advisory Committee — New Appointments
The Board was to consider making new appointments to the Adult Care Home Community
Advisory Committee.
b. Agricultural Preservation Board — New Appointment
The Board was to consider making a new appointment to the Agricultural Preservation
Board.
c. Animal Services Advisory Board — New Appointment
The Board was to consider making one new appointment to the Animal Services Advisory
Board.
d. Board of Health — New Appointment
The Board was to consider one new appointment to the Board of Health.
e. Information Technology Advisory Committee — New Appointment
The Board was to consider one new appointment to the Information Technology Advisory
Committee.
f. Orange County Planning Board — New Appointments
The Board was to consider making new appointments to the Orange county Planning
Board.
Solid Waste Advisory Board — New Appointment
The Board was to consider making a new appointment to the Solid Waste Advisory
Board.
h. Workforce Development Board - Regional Partnership — New Appointment
The Board was to consider making a new appointment to the Workforce Development
Board — Regional Partnership.
11. Information Items-NONE
12. Closed Session-NONE
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13. Adjournment
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
adjourn the meeting at 10:36 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board