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HomeMy WebLinkAboutMinutes - 20071115,~ APPROVED 1/15/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 15, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, November 15, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, 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 Board added item 3-a, Non-Profit Awareness Month proclamation (lavender sheet) and a change in the Board's regular meeting schedule as item 4-I (pink sheet). Chair Carey pointed out an additional application (blue sheet) to be added to item 11-d. The yellow sheet was some information presented about the transfer station from some citizens. The aqua sheet was the Water Supply Reservoir Levels Report. Chair Carey encouraged everyone to continue to conserve water resources as much as possible. Chair Carey said that Commissioner Foushee would be in attendance later because she was at the CHCCS Board meeting presenting a resolution that the Board of County Commissioners adopted at its last meeting. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Allan Rosen spoke on behalf of the Orange County Comprehensive Plan Coalition. He wanted to make some brief comments about the scheduling or phasing of public input during Phase 2 of the Comprehensive Plan Update process. He said that he emailed this statement to the County Commissioners earlier today. The email statement is included by reference and hereby made a part of these minutes. ,~ He said that the Phase 2 process anticipates having public input in April and May of 2008. The coalition requests that the project management team give advice to the coalition on how to present information to the advisory boards as they are drafting the objectives. He made reference to a reply from Tom Altieri on behalf of the project management team that indicated that the preferred time for public input was April and May, but any member of the public was welcome to attend meetings to observe. He said that the coalition thinks that interaction is very important at an earlier stage than April or May. He said that without earlier communication, it could be detrimental because the proposal needs to gain widespread public support in advance of the public hearings. Commissioner Foushee arrived at 7:48 pm. Dolly Hunter is from Bingham Township and spoke as a member of CAN, Citizen Action Network; a member of the Orange County Comprehensive Plan Coalition; and as a voice for the rural County citizens. She asked the Board to create ways for more public input during December-February development of the objectives to reach the goals. She said that all of the many issues of growth -transportation, more affordable housing, economic development, and truly protecting agricultural and natural areas -need to be addressed in innovative, creative ways. She said that the people that live here should work here and the people that work here should be able to live here. She said that Orange County should be forward thinking like Huntersville, North Carolina; Guilford County, North Carolina; Trenton Township, Ohio; and Sussex County, Delaware. She read from the Planning Board Powers and Duties: "The Planning Board is to cooperate with the township advisory councils so comprehensive plans may receive fullest consideration." She said that with no township advisory councils, people feel disenfranchised. She said that the Planning Board needs to cooperate in other ways with the citizens so that the plan can be the best. She also read from the Orange County Zoning Ordinance Comprehensive Plan Intent: "In preparation and adoption of a plan element, area plan, or other similar document, the Board of County Commissioners shall be ever mindful of the need to balance the public interest with the needs of the private interests, particularly in the conservation of surface, underground water, soil resources, and natural growth resources of the County." She asked the Board to figure out a way to include the public more. Chair Carey said that the Board of County Commissioners does not take action on items not on the public agenda, but will refer them to staff. 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. Non Profit Awareness month The Board considered proclaiming November 2007 as "Nonprofit Awareness Month." Trisha Lester said that she works with the North Carolina Center for Non- Profits, which serves all charitable non-profits across the state. She read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the proclamation declaring November 2007 as "Non- Profit Awareness Month" as stated below: Proclamation ,~ Nonprofit Awareness Month WHEREAS, Orange County is home to more than 276 charitable nonprofit organizations which provide diverse services to the community; and WHEREAS, these organizations spend more than $480,000,000 annually serving the people of Orange County; and WHEREAS, North Carolina's nonprofit sector is growing faster than the business or government sectors; and WHEREAS, six percent of all jobs in the state are provided by charitable nonprofits; and WHEREAS, nonprofit employees pay income taxes and spend their salaries locally, paying local and state sales taxes, and buying houses, cars, computers, groceries, clothes, home products, and all other items sold in our community; and WHEREAS, Orange County nonprofits build partnerships and collaborate with governments, businesses, faith-based organizations, and other groups to expand resources; and WHEREAS, nonprofits play a central role in the democratic process by providing a means for individuals to deliberate on and advocate for public policies and decisions that affect them; and WHEREAS, Orange County nonprofits provide opportunities for developing skills, leadership abilities, and service through civic engagement; and WHEREAS, everyone who lives in Orange County benefits from nonprofits' vital contributions of strengthening our social fabric, public policy, culture, sense of community, and future; NOW THEREFORE, be it resolved that the Orange County Board of Commissioners hereby declares November 2007 as Nonprofit Awareness Month and extends its congratulations to charitable nonprofits serving our community for their dedicated and unselfish service to the community and its sincere gratitude to the residents of Orange County whose volunteer spirits and donations make these organizations strong. Adopted this 15th day of November 2007. VOTE: UNANIMOUS 4. Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve those items on the consent agenda as shown below: a. Minutes -None b. Appointments -None c. Approval of Reduce, Reuse and Recycle (3R) Financial Assistance Program Policy ,~ This item was removed and placed at the end of the consent agenda for separate consideration. d. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 40 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. e. Contract Approval: Construction Materials Testing and Observation Services for Solid Waste Operations Center Project The Board approved a contract with Summit Engineering, Hillsborough, North Carolina to perform construction materials testing and construction observation in conjunction with the Solid Waste Operations Center Project; exempt this work from the qualifications based selection process as allowed by GS 143-64.32; and authorize the Manager to sign. f. Fiscal Year 2007-08 Budget Amendment #4 The Board approved budget ordinance amendments for fiscal year 2007-08 for Department of Social Services, Department on Aging, and Health Department. g_ Approval of Annual Budget Request Process for County Financial Support to Human Services Related Agencies This item was removed and placed at the end of the consent agenda for separate consideration. h. a-NC Capital Expenditure Grant for Qualified PEG Channels The Board authorized a request to submit a grant application in the amount of $3,950 to the e- NC Authority for the purchase of capital equipment needed to produce and program local content on the Orange County government access Channel 265 and authorized the Manager to sign. i. Proposed Revision to Representation on the Human Services Advisory Commission H( SAC) The Board approved proposed revision to representation on the Human Services Advisory Commission. L Final Report of the Cable Television Advisory Committee This item was removed and placed at the end of the consent agenda for separate consideration. k. 2007-2008 Small Business and Technology Development Center (SBTDC) Contract Renewal The Board approved the contract renewal with SBTDC to continue support of small business development services for Orange County, 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 execute the contract. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Approval of Reduce, Reuse and Recycle (3R) Financial Assistance Program Policy The Board considered approving a revised 3R (Waste Reduction, Recycle and Reuse) Assistance Program Policy to align the qualifications requirement with the new State Homestead Exemption income standards. ,~ Commissioner Jacobs said that he wanted to give staff the opportunity to tell the public that the County is expanding the financial assistance program for the 3R fee. Tax Collector/Revenue Director Jo Roberson said that this program is for individuals that are either permanently 100% disabled, or individuals that are 65 years of age or older. The individuals have to meet an income requirement, which mirrors the requirement of Homestead Exemption, which was $20,500 this year. When someone applies for 3R assistance, they are also directed to apply for Homestead Exemption. There are just over 375 individuals participating in the 3R assistance program. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the change in the qualification requirement for the 3R Assistance Program. VOTE: UNANIMOUS g_ Approval of Annual Budget Request Process for County Financial Support to Human Services Related Agencies The Board considered approving changes in the annual budget request process for Human Services related outside agencies requesting County financial support. Chair Carey said that he wanted to acknowledge that staff is recommending changing criteria so that the screenings of the proposals come directly to the Board of County Commissioners rather than to the Manager for final review. He is fine with the process, but the criteria that the committee uses need to be approved by the Board of County Commissioners. He would like this to be presented to the Board when the presentation is made on the recommendations of the levels of funding for this fund in December or January. Assistant County Manager Gwen Harvey said that this could be done. A motion was made by Chair Carey, seconded by Commissioner Foushee to: 1. Initiate an earlier start to the grant solicitation period; 2. Charge the Human Services Advisory Commission with making recommendations on funding allocations, as well as criteria and target amounts directly to the BOCC; and 3. Direct staff to bring a proposed funding target policy for Human Services related outside agency funding to the Board no later than January 15, 2008. Commissioner Jacobs said that when a target was done based on school funding, there was aten-year average. He would like to see aten-year average for this also. Chair Carey agreed to add this to the motion and Commissioner Foushee seconded. VOTE: UNANIMOUS L Final Report of the Cable Television Advisory Committee The Board received the final report of the Cable Television Advisory Committee and considered its recommendations, including a sunset of the existing committee and suggestions for a future committee. Commissioner Jacobs said that, when thinking about the sunset of the committee, it occurs to him that the IT Committee, Economic Development Commission, and some of the work of the Cable TV Advisory Committee should try to reconfigure things to be more current. There is no initiative for any kind of wireless capabilities. He said that there is a wide range of technology that could be discussed. Laura Blackmon said that staff wanted to sunset this committee and then develop another committee that has a different charge to address wireless issues. Gwen Harvey said that this is encompassed in #3, as a part of deferral of consideration of a new charge. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to: ,~ 1. Accept the final report of the CTVAC; 2. Formally sunset the existing CTVAC (Current and Former Members of the CTVAC were recognized and honored by the Board at its meeting on March 27th with the debut of live casting from Southern Human Services Center); and 3. Defer consideration of a new charge and/or committee to address Countywide electronic information technology efforts. VOTE: UNANIMOUS 5. Public Hearings a. Animal Ordinance Civil Penalty and Fee Increases The Board conducted a public hearing regarding the proposed amendments to the County's Animal Ordinance and considered approving the proposed amendments. Animal Services Director Bob Marotto said that this item came up as part of the last budget process, and at that time, there was a request to return to the Board for a public relations plan, which would ensure that members of the public were fully aware of the changes as well as the rationale. He said that he is returning with the public relations plan and the recommendations themselves. The recommendations for increases were based on a staff study by the Budget Department and Animal Services, which compared the fees of other counties. The historical perspective showed that the civil penalties for the Orange County Animal Control Ordinances had not been adjusted since the 1994-1995 budget cycle. The specific recommendations were to increase the Failure to Vaccinate Against Rabies Fine from $100 to $200; the Failure to License from $50 to $200; Mistreatment of Animals Penalty from $50 to $200; and to double the graduated amounts for the Public Nuisance Violations, which would range from $50 to $400. The effective date of the changes in the proposal is February 4, 2008. He said that there is a very positive public relations plan that emphasizes responsible pet ownership and the benefits of complying with the animal ordinance for the community as a whole. There is a flyer and a media release, as well as a media schedule. He said that the fines would be levied if someone failed to commit to compliance after the Animal Control agents work with them through a process of contact, warning, and education. There would be no change for people that are in compliance with the ordinance. PUBLIC COMMENT: Ross Oglesbee is Vice-Chair of the Animal Services Advisory Board. She said that the ASAB has reviewed these requests for fee increases and the public relations plan, and there was a unanimous decision. Commissioner Foushee said that she is supportive of the proposal. However, on page two it indicates that the rationale for the changes is about recovering additional costs incurred by pet owners who do not comply with the ordinance. She said that it might be helpful to the public for the staff to explain the additional costs. Bob Marotto said that the costs vary. For example, the failure to vaccinate a dog or cat against rabies does impose greater costs on the County and Animal Services if there is a rabies exposure. The requirements are very different from an unvaccinated animal when the animal must be quarantined for asix-month period or euthanized to ensure the health of the public. A vaccinated animal simply needs to have a booster shot within a 72-hour period. The quarantine requires additional human resources. ,~ Commissioner Jacobs said that the financial impact has no figures in it and no costs versus revenue information available for comparison. He made reference to pages 5-6 and asked that it be noted that this is only reflecting changes. Commissioner Jacobs asked about class 2 kennels and Bob Marotto said that there are 10-15 kennels. Commissioner Jacobs asked if owners of these kennels were sent this document for comment and Bob Marotto said no. Commissioner Jacobs made reference to page 12 regarding comparison to other counties and asked how these counties were chosen. Bob Marotto said that the Budget Office did a broad survey of counties, and some counties were chosen because they were closer to Orange County or if they were representative of the broader range of fees. Commissioner Jacobs said that he asked his wife to review this and she tried to find some of this information on the County's website, and it was impossible to tell how to vaccinate, register, etc. His wife suggested putting a downloadable form on the website so that people could know when to vaccinate their animals, when vaccinations are available, etc. He also asked if there was information and definitions for the public nuisance violations. Bob Marotto said that he does post licensing fees on the Internet and a downloadable form for this; and there is also a form about public nuisance behavior regarding the complaint process. Commissioner Jacobs said that he is supportive of what the County is doing, but he would not vote for this tonight. He thinks that two months is not enough time for public notification of increasing fees. He would like to encourage people to do something instead of punishing them. He suggested sending this to a limited number of kennel owners and get feedback, as well as make it accessible on the Internet. Chair Carey suggested that Commissioner Jacobs put comments in writing for the ASAB. Chair Carey said that he would vote for an extension of time but he would not vote against it. Ross Oglesbee said that there was a lot of discussion about getting people to vaccinate their animals when they are registered, and the ASAB saw this change as an education campaign, and also considering the time and costs involved for when people do not comply with the ordinance. Commissioner Nelson made reference to the issue of the education period and said that six months would be preferable. Regarding the website, he said that the entire County website is not user-friendly. He would like to bring the website to the 21St century. Commissioner Nelson said that at first he thought the fees were steep but he has learned that the ASAB works with people to help them to become compliant. He does support this proposal. A motion was made by Commissioner Foushee seconded by Commissioner Nelson to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve the proposed amendments to the Orange County Animal Ordinance and Collection Policy, with the amendment of the education period to six months. VOTE: Ayes, 4; No, 1 (Commissioner Jacobs) Commissioner Jacobs urged staff to still give this to the kennel owners for comments. He would also like a report back from staff on the website. ,~ b. 2008-2018 Capital Investment Plan (CIP) Public Hearing The Board conducted a public hearing to receive public comments regarding the County Manager's Recommended 2008-2018 Capital Investment Plan (CIP) for County and school projects. Laura Blackmon said that this was discussed at the work session this week. This is a ten-year plan where various projects can be supported and scheduled. She made reference to the handout, which is a summary of the projects in the pipeline for which funding is already available. The new items will be funded with pay-as-you-go revenue. There was nothing on the sheet funded by bonds or alternative financing. She pointed out that this is only a plan to work from and the actual budget for 2008-2009 would be heard next spring. Commissioner Gordon said that the sheets for the County projects look very similar to the ones received at the work session, but the ones for the schools do not seem to be as complete. Also, she noticed that she does not see reserves and the costs for unfunded projects. Laura Blackmon said that the schools' information was in a certain format and the Budget Office put it into the same format as the County's. Commissioner Gordon said that the schools' information is not as complete as the County's, which makes it harder to account for how the County will handle the unfunded needs. Laura Blackmon said that the information on the sheet is what was provided by the schools. The sheet lists the projects that already have funding. In January, the Board will be looking at additional revenue sources and where the priorities would be for each year. Until there is funding for a project, it should not be added to the plan. Commissioner Gordon made reference to the schedule of voting on this December 3~d She does not see how the Board can adopt the CIP if it does not comply with the Schools Adequate Public Facilities Ordinance. She is not comfortable with adopting a plan that does not take into account one of the ordinances. Donna Coffey said that the CIP does outline in Appendix A what the unfunded projects are that the schools have identified for the next ten years. Also, the certified numbers came in just this week from the school, and staff has not had time to analyze these numbers. This will show the impact on future school construction. The CIP has recognized the need for the schools as each school board has identified them in their CIPs. Chair Carey said that Commissioner Gordon makes a good point, and the Board should ask for this information from the schools about the sources of funds. He said that the Board knows what the revenue sources are for both entities, and without new revenue, the only way to deal with the concerns about the new elementary school is to ask the schools to reallocate some of the money. Commissioner Foushee asked what information the Board could get from the school districts that has not already been provided. She said that the projects have been identified as they pertain to either funding or lack of funding. She said that asking for more information is contingent upon what the Board of County Commissioners identifies as available funds. Commissioner Jacobs said that he understands Commissioner Cordon's point and he agrees with Chair Carey and Commissioner Foushee, but he pointed out that there are no unfunded Orange County School needs. He said that he got a phone message from the Chair of the OCS Board saying that the information on the unfunded needs are forthcoming. He suggested giving OCS until December 3~d to give its unfunded needs. Then the Board could vote on it at a subsequent meeting. Commissioner Foushee agreed and suggested adding another public hearing on the calendar. ,~ PUBLIC COMMENT: Mark Peters said that he read the whole CIP document, but he still has a lot of questions. He understands that without another revenue source or a bond, all of the unfunded projects will not be funded. He would like to see a plan on how to get the unfunded projects funded. Regarding the report, he said that unless someone has attended a lot of the meetings, there is no way that they would understand what is going on. He suggested providing a summary in a few pages for the general public. He offered to help with this summary. He thought that the plan was still in draft form and that the list of unfunded projects would come later. He said that this plan looks like it will not be in compliance with the SAPFO, and this concerns him. He does not think that SAPFO should be used as a tool to limit growth. He said that it is unfortunate that the school boards are meeting tonight since a large part of the CIP includes the schools. Joe Robbins is Chairman of the Social Services Board. He said that the needs of DSS are past the point of inconvenience and there is now a problem of safety. There are confidential files in boxes, there are boxes in chairs and hallways, and the egress passes are blocked. He said that if OSHA inspected the County, it would be fined because the conditions are unsafe. He said that the department is past the point of crowding and is out of compliance with the State Division of Social Services. He is concerned with the penalty for not correcting the space problems. He said that it has become more a point of not being able to provide clients with the privacy and confidentiality they deserve. The 10,000 Orange County citizens that are served deserve to be served in an appropriate, professional business center. The DSS Board requests that the County move forward quickly with along-term facility plan that includes the consolidation of DSS functions. This facility is needed as soon as possible. Chris Harlan is a public health nurse and Vice-Chair of the Orange County Board of Health. She was joined by other Board of Health members. She said that the Board of Health is legally mandated by federal, state, and county guidelines to provide certain core public health services. One of the functions is to assure that all residents have access to quality health care. She said that they provide services to all County residents and the medical and dental clinics exist to serve patients who are often underinsured or uninsured. They also provide many services that improve the lives of all residents -well water and wastewater programs, communicable disease control, and emergency preparedness. She said that the Health Department staff needs and deserves to work in a physical environment that is well- maintained and healthy. She said that Orange County still has not made a commitment to universal health care. Orange County ranks 61St of the 100 counties in expenditures to health departments, compared to being ranked #1 in the state in per capita investment in the schools. She said that the Board of Health is concerned that this ten-year plan puts human service needs in a reserve fund, which will not even be considered until 2009-2010. She said that the human service needs must be moved to a critical action level. Randee Haven-O'Donnell was representing the Carrboro Board of Aldermen and its citizens. She thanked the Board of County Commissioners for holding this public hearing. She also thanked the County Commissioners for reconstituting the Orange County Library Services Task Force, because this has been very productive. She thanked those involved in this task force and said that the final report is coming soon for the Board's review. She urged the Board to include and actively promote the Library Services Task Force capital request recommendation for a full $3 million designated for the creation of the Orange County Southwestern Regional Branch Library to be sited in the downtown Carrboro area. This request was based on the facility recommendations from the 2004 Task Force Report, the Carrboro Library Work Group of 2003, and the Service Needs Plan of Orange County Library Facilities. She asked why the line item was $2.7 million instead of $3 million as recommended ,~ by the task force. Laura Blackmon said that this information was developed before the report came forward. Once the presentation is made, the figures will be realigned. Gary Kramling is a resident of Carrboro. He spoke in reference to item 74, the Library Task Force. He said that it is hard to open a paper, watch a news program, etc., without hearing about the latest and greatest new facility going up in our area such as schools, social services, or libraries. These facilities are state of the art. He said that this has been his vision for Carrboro for at least six years. Since then, he has had children and the need for a library in this area is just as immediate and compelling. He urged the Board to consider using the reserve funds to benefit this area. The Chair closed the public hearing. 6. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to go into closed session at 9:02 pm for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding: (a) the terms of a contract to purchase real property, PIN 9887520801, owned by F.M. Kirby, to be used for multiple County purposes including a district park," and (b) the terms of a contract to purchase real property, PIN 9797443364, owned by Kendricks Est Inv Co, to be used for open space purposes, and (c) the terms of a contract to purchase real property, PIN 9870776296, owned by Jacqueline I. E. Upperman, to be used for buffer space for County operations in the vicinity," NCGS § 143-318.11(a)(5). "To discuss matters related to the location of businesses in the County," NCGS § 143- 318.11(x)(4). VOTE: UNANIMOUS A motion was made by Commissioner Jacobs seconded by Commissioner Nelson to re- convene into regular session at 9:55 p.m. VOTE: UNANIMOUS Chair Carey asked the Board to add item 7-c -Economic Development Project Professional Services Contract. All agreed. 7. Regular Agenda a. West Ten Soccer Center Master Plan The Board reviewed the current adopted master plan for West Ten Soccer Center, and considered possible future facilities for addition to the master plan. Environment and Resources Conservation Director Dave Stancil said that the purpose of this item is to review the master plan and to consider possible future facilities for addition to the plan. The master plan was adopted in 2004. The master plan did not go through the normal process, but went through the Gravely Hill Middle School process, so there were some economies of scale. The soccer center contains five full-sized, lighted soccer fields with a small practice field. There is also a restroom/concession/maintenance building and a walking track. ,~ The pre-grading was done concurrent with the schools. The four fields are projected to be ready in September 2008 for play. The second phase would include bids for lighting, the walking track, and the restrooms building. Bids are being solicited at this time for these items. The idea of adding additional facilities to the center grew out of discussions with the Recreation Parks and Advisory Council, staff, and consultants over the last year or so, originally related to the Orange High School tennis courts. The revised master plan would add facilities -primarily tennis courts and a playground and a possible future parking area. The school was built with shared parking in mind with the soccer center. The addition of facilities would make this facility more of amulti-generational facility, which would allow for this to be viewed, along with the Seven-Mile Creek Preserve, as a split site district park. The future facilities are unfunded at this time, and adding them to the revised master plan would not indicate any commitment to build the proposed future facilities. The Manager's recommendation is that the Board review the master plan and discuss potential revisions, and, if desired, adopt the revised version. If the master plan is revised, it is recommended that the facility operate in conjunction with the planned future low-impact recreation of Seven-Mile Creek Preserve to function as the split site Cheeks District Park, thereby meeting the needs for a district park in this part of the county. Commissioner Jacobs asked about the vision for the area north of the soccer fields before this proposal was made and why nothing was proposed for that area previously. Dave Stancil said that further to the north are the interstates and a vernal pool, which is a sensitive area. Nothing had been rejected, to his knowledge, on the master plan before it was adopted in 2004 for this area. Commissioner Jacobs asked if there were any adverse environmental implications on the vernal pools and other areas. Dave Stancil said that the vernal pools are about 200 feet to the north. This plan will infringe a bit on that, but the sensitive areas are further to the north. Commissioner Jacobs said to add a statement that before the facilities are contemplated for construction that there would be a closer examination of potential environmental impacts on previously determined protected areas. Also, instead of calling it "future parking," he suggested calling it "potential parking." A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs (1) to adopt the revised version of the master plan of the West Ten Soccer Center, with the provisions that the parking be labeled "potential parking" and that the environmental impacts be investigated, and (2) to specify that the facility will operate in conjunction with planned future low-impact recreation of Seven-Mile Creek Preserve as a split site district park and is therefore officially designated as the Cheeks District Park proposed in the Comprehensive Plan. VOTE: UNANIMOUS b. Process to Determine Alternate Sites for a Solid Waste Transfer Station The Board considered a process for identifying and evaluating alternate sites for locating a County solid waste transfer station. Laura Blackmon said that this was a request from the previous Board of County Commissioners meeting to evaluate other areas for the transfer station. The siting criteria were in the packets from the EPA Office of Solid Waste. The proposal is to direct staff to contract with a professional firm that has experience and knowledge for siting transfer stations, and allow the firm to lead the process, including the development of criteria, with the assistance of the Board. Commissioner Nelson asked about the pros and cons of hiring an outside consultant versus the County doing this in-house. ,~ Laura Blackmon said that if someone with expertise is hired, then it is not Orange County showing up and raising red flags. It would provide an objective stance to this issue. This would also allow staff to focus on other issues. The firm would also be instrumental in developing the criteria. Commissioner Nelson asked if an outside firm could move quicker and Laura Blackmon said yes. PUBLIC COMMENT: Will Raymond thanked the Board of County Commissioners for re-considering the decision to site the transfer station on Eubanks Road. He said that this has already started off on the wrong foot. He said he believes that the process used for siting the transfer station was not fair, open, or transparent. He said that when he looks at the documents for this item, he sees that the County is already halfway into this. He said that the community has not been engaged and criteria are already being discussed. He said that this affects the whole County. He said that whatever is built should have the capability to have apublic/private partnership to deal with some unique waste streams. Another criterion is looking at producing bio-fuel for the County's own use. Whatever is built should have this capability. He said that what is missing from the criteria is any weighting of it and there is no social justice. He said that, irrespective of what is done with the transfer site, Orange County owes a debt to the Rogers Road community. He said that he recently ran for public office, and in his campaign he talked about whether Orange County was going to be a community that imports resources like water and exports problems like trash. He asked the Board to look at the process and think about a new process before coming to a decision. He said that every government body schedules this type of discussion at the end of their meetings and he wishes they would change this approach. Neloa Jones represented the Rogers-Eubanks Coalition. She read a prepared statement as shown below: Dear Orange County Commissioners, Thank you for your recent decision to reconsider the siting of the waste transfer station (WTS) in the vicinity of the Rogers Road community. We particularly welcome your comments that social and environmental justice must be a consideration and that a fair and open search should be conducted. Given the public outcry over the previous decision, it is important that the new search be perceived as fair by the citizens of Orange County. We believe the recommendations regarding WTS siting made by the National Environmental Justice Advisory Committee (NEJAC), a Federal Advisory Committee to the U. S. Environmental Protection Agency, offer the best way to ensure a fair search. Those recommendations are documented in A Regulatory Strategy for Siting and Operating Waste Transfer Stations, EPA Report Number 500-R-00-001, and we have attached two pages from that report for your consideration. Two points are of particular importance. 1. The meaningful and continuous participation of community residents, particularly those already burdened by the clustering of solid waste facilities. The NEJAC recommendations call for the establishment of an advisory panel to propose site-selection criteria and to consult with the BOCC throughout the search process. The advisory panel should contain adequate representation (or several representatives) from the Rogers Road community. 2. The explicit inclusion of environmental justice as a factor in the selection process. The NEJAC recommends that the search criteria include a provision against a ,~ disproportionate impact on a community and that final site selection be based on an affirmative demonstration that it will not result in a disproportionate impact. We endorse this explicit recognition of environmental justice. We look forward to working with the BOCC to ensure that the goals are achieved. We plan to have representatives at the November 15th BOCC meeting, and we ask that we have an opportunity to speak briefly about the upcoming search process. Thank you again for your leadership in reconsidering the siting decision and in bringing environmental justice forward as an explicit goal in the WTS siting. Your recognition of the importance of this principle has established a precedent that can be applied across all parts of Orange County government. We are proud to be a part of a county whose leaders promote and whose citizens support such progressive principles. Robert Campbell and Neloa Jones Co-Chairs of the Rogers-Eubanks Coalition Neloa Jones also said that she hopes that the communities of the landfill will not be punished, so to speak, should the Board decide to exclude Eubanks Road as a possible site for the transfer station. She said that the Board created a task force earlier this year whose charge was to discuss ways to mitigate 35 years of negative solid waste impact in this community. She said that this has absolutely nothing to do with the transfer station. She hopes that the Board will carefully scrutinize the March 19th memo (page 10 of the abstract). She said that much of this memo misrepresents and inaccurately reports the processes and criteria that SWAB used when selecting Eubanks Road as the best site for the transfer station. She said that it is disappointing to see the same March 19th memo still included in the agenda material. She said that fraudulent or fabricated reports violate the integrity of the government and should not be tolerated. She said that the Historic Rogers Road Community does meet the fatal flaw type of criteria that is identified in Attachment A. These criteria would exclude Rogers Road from further consideration for a transfer station site. She says this especially in light of the recently ratified North Carolina 2007 Solid Waste Management Act that advocates not permitting solid waste facilities whose cumulative impact would have a disproportionate adverse impact on a minority or low-income community. She believes that the Rogers/Eubanks community meets these criteria. Jack Sanders (this portion was transcribed verbatim per the request of a County Commissioner): I am Jack Sanders, Chair of the Orange County Democratic Party, and I'm here to speak for the Democratic Party in support of the Rogers Road community. We thank Commissioner Mike Nelson for his early clear and public statement in support of the reconsideration of the siting of the waste transfer station. We thank Chairman Moses Carey for his leadership in bringing the matter forward at the November 5th Board meeting. And we thank the entire Board for its decision to reconsider the prior siting decision. I especially salute the Board for its public recognition that social and environmental justice should be factors in governmental decisions. The explicit recognition of principles that protect the well-being of all communities regardless of their economic status and political clout is an important commitment that serves the County well. I welcome the reconsideration of the waste transfer station siting, but I want to speak on further aspects of government as applied to the Rogers Road community. Orange County is blessed with excellent local governments, a progressive and engaged citizenry, a people of high ideals, among them the principles of social and environmental justice, and the notion of the integrity of government -the notion that our governments will treat all communities fairly and that the promises made will be kept. Justice ,~ for Rogers Road does not consist of merely not adding a further burden of the waste transfer station to that community. It must recognize that the Rogers Road neighborhood has lived with the landfill for 35 years, that elected officials have made promises and raised expectations time and again, but that there are now, in addition to the solid waste landfill, deconstruction and demolition landfill and solid waste convenience center, a hazardous waste drop-off point, a yard waste drop-off and mulch center, and a leaching pond. The purpose of the Historic Rogers Road Community Enhancement Plan Development and Monitoring Task Force is to allow residents to raise issues regarding quality of life in the community in order to address their concerns related to the long-term presence of solid waste facilities located in their community. In good faith, community residents have participated in preparing the list of development items, some of them basic public services such as water and sewer service. After 35 years of bearing the solid waste burden of the County, the Rogers Road community deserves those basic services and other development items. I want to be proud of our County; I want it to act according to its principles of social and environmental justice. Let us not circumscribe justice so that it means only that we forbear to burden the community more. Let us rather embrace the generous vision of justice that will enable us to redeem, finally, the promises made to the Rogers Road community. I urge you, the Board of County Commissioners, to exercise your leadership and your authority to do so. Thank you. Robert Campbell said that he believes that in order to start with a new process or criteria of siting a transfer station, that there must be a public statement that the Eubanks site is not on the list. He wants to start the process with a blank slate. He asked that the Eubanks Road site not be referred to at all. He said that Eubanks Road should not be a part of the process or conversation. Regarding the transfer station, he asked why Orange County would want to send its trash into someone else's backyard and contaminate their groundwater. He said that there are businesses in Orange County that do not recycle and he has pictures of furniture, white goods, and tires inside of dumpsters, which go to the landfill that is unchecked. He said that all of these elements must be addressed to make sure that Orange County is doing the best job of waste management in Orange County. He said that if a transfer station is located in Orange County, no resident should live within two miles of the facility. Ruby Sinreich thanked the County Commissioners for reopening the search. She said that she has been concerned about the issue of Rogers Road since she was in college and was studying environmental racism in the abstract sense. She said that the reason she has never come to speak about this before is because, with what she knows about the situation, she never thought that Orange County would actually site another thing on Eubanks Road; it was beyond her imagination. She said that it does not make sense to her ethically to continue looking at siting things here. She said that reopening the search is a step in the right direction. Randee Haven-O'Donnell said that she is the liaison to the Rogers Road Task Force. She applauded everyone who spoke before her. She thanked the Board of County Commissioners for reopening the search. She said that back in April she orchestrated a visit to the Greensboro transfer station and several of the County Commissioners attended. She said that there are three components of this problem. The first one is social justice and that a local community has had the burden of promises made and promises broken. After returning from the Greensboro site in April, people from the community got together and made very clear, specific recommendations about the things that the community needed, and things that were promised long ago. She strongly urged the Board to follow through with these recommendations regardless of what happens with the Eubanks site. The second problem is the environmental question. Back in 1989, she wrote a thesis on Garbology. She said that she knows about garbage, and the waste transfer site in Greensboro is a sterling example of a facility. She said that looking at the way Eubanks and Rogers Road is developing, she does not see that this space is the appropriate space to have a waste transfer facility. She said that ,~ she couldn't understand the fiscal responsibility of siting a waste transfer station that will continue to send money out and pay in an open-ended and uncontrolled manner for our waste to be transferred out of the County. She thinks that the thoughtfulness of the Board in reconsidering this is a recommitment to the community and great leadership. An email statement from David Richter (submitted by Sharon Cook and attached) is included by reference and hereby made a part of these minutes. Commissioner Foushee said that in developing the criteria, she sees what was presented to the Board as a template only. She asked if there was any new or impending legislation that might impact criteria. Solid Waste Director Gayle Wilson said that he is not aware of any upcoming criteria that would impact the determination of the location of a transfer station in the community. Commissioner Foushee made reference to the statement from Neloa Jones and said that the NEJAC recommendation is to be considered, as criteria are set. She made reference to page 23 and said that there is a reference to an idea about social justice that should be considered. She read a statement, as follows: "Those who are concerned with social justice believe that historical inequities, insofar as they affect the justices, should be corrected until the actual inequities no longer exist." She said that this seems, regardless of what criteria are set, that it should not affect the work of the task force and the recommendations that come before the Board should be considered separately. She said that when the CIP was discussed earlier, one item that was not brought up was a placeholder for mitigating the impact of 35 years of having a landfill in the Rogers Road community. Commissioner Jacobs made reference to the implementation timeline on page six and said that it looks like it will be finished six months after the landfill is full. Laura Blackmon said that this was the best guess and they feel a consultant would help in this process. Gayle Wilson said that the process the Board ultimately develops would have its own timeline. This timeline was based on experience, references, and speaking to others that have gone through the process. The Board's timeline will be similar to this. Commissioner Jacobs made reference to page two, the next to the last bullet, which talks about ancillary services, and he said that a proposal will be coming to the Board regarding another facility that will further reduce waste. He wants to consider this before deciding what size parcel is needed for a transfer station. He would like to know if a transfer station and this additional facility could be sited without water and sewer. Chair Carey said that, in view of the hour and the numerous issues that the Board needs to decide, he suggested that the Board not try to do this tonight but bring it back at a subsequent meeting. The Board does need to decide to begin a new process. He said that step #6 should be completed no later than 12 months from now because there will be a new Board of County Commissioners in 13 months. He also suggested acting on steps #1 and #3, and that the Board of County Commissioners will be the search committee, and any consultant hired will report to the Board of County Commissioners. Laura Blackmon said that there are two consulting firms on retainer and if the Board of County Commissioners wants, then there can be presentations soon. Chair Carey said that he would like to know who they are first. Laura Blackmon said that both firms have experience with siting transfer stations. Commissioner Nelson said that he agrees with hiring a consultant because it would be afresh set of eyes and objectivity. He does have some comments on the criteria, but he will express these later. With regard to the timeline, he would like the Board to consider potentially banning some items from disposal in the landfill. He said that many items can easily be ,~ recycled that are not banned from the landfill. This would give more time before the landfill is full. Commissioner Jacobs said that when staff comes back, the Board ought to make a declarative statement that there is a commitment to mitigate the impacts on the Rogers Road/Eubanks Road community regardless of where the site search leads the County. He said that, despite what people have said tonight, since the Orange County Commissioners have taken over solid waste operations, they have kept commitments to the community. The County Commissioners have done what they said they would do and they will continue to do it. He thinks that this should be part of the declarative statement. He said that, when there is discussion about landfills, he still awaits the governments of Chapel Hill and Carrboro offering sites for a landfill because the fairness issue also relates to the fact that two-thirds of the waste is generated from this part of the County and we are asking people in other communities to bear the burden of the two-thirds, which is also an inequitable situation. He said that, if you really want to talk about environmental responsibility, Chapel Hill and Carrboro need to step up and help in this search. Both jurisdictions have property but have not offered it. He said that just telling the County what it should do instead of stepping forward and working with it is not satisfactory and is a copout. Regarding the criteria, he agrees with Mr. Raymond that the public should have the opportunity to comment. He would like the opinion of the staff on how to weight criteria. A motion was made by Chair Carey, seconded by Commissioner Gordon to: 1) Agree to begin a new process for identifying and evaluating alternate locations for an Orange County Transfer Station; and 3) Consider utilizing one of the existing contracted professional consulting firms first for identifying and evaluating alternate locations, and designate the Board of County Commissioners as the search committee. VOTE: UNANIMOUS c. Economic Development Projects Professional Services Contract The Board will consider approving to engage the firm of Sanford Holshouser for legal advice and assistance on economic development matters. Commissioner Carey said that as the County begins to move forward in encouraging and supporting economic development in Orange County, it would be necessary to receive legal assistance, from time to time, that is beyond the expertise of staff to provide. The County currently engages the firm of Sanford Holshouser as bond counsel and this firm has economic development expertise necessary to provide legal assistance and advice in order to structure fiscally responsible and competitive investments in commercial and industrial projects of interest in the county. The proposed letter of engagement stated the proposed hourly billing rates ranging from $75/hour for a paralegal to $350/hour for a partner in the firm. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve engaging the firm of Sanford Holshouser for legal advice and assistance on economic development matters. VOTE: Ayes, 3; Nays, 2 (Commissioner Nelson and Commissioner Gordon) 8. Reports-NONE ,~ 9. Board Comments -NONE 10. County Manager's Report -NONE 11. Appointments -DEFERRED a. Arts Commission -New Appointment The Board was to consider making a new appointment to the Arts Commission. b. Carrboro Board of Adjustment -New Appointment The Board was to consider making a new appointment to the Carrboro Board of Adjustment. c. Commission for Women -New Appointments The Board was to consider making new appointments to the Commission for Women. d. Local Revenue Options Education Advisory Committee The Board considered making appointments to the Local Revenue Options Education Advisory Committee. A motion was made by Chair Carey, seconded by Commissioner Jacobs to approve the applicants, with the staff putting each applicant in the appropriate slot. VOTE: UNANIMOUS 12. Information Items-NONE 13. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker, CMC Clerk to the Board ,~ Orange County water supply reservoir water levels Available information as of 4:00 PM, Thursday, November 8, 2007 Lake Orange • Water level is 89.0" below spilling, and this initiates Stage 5 Eno restrictions, no release for instream flow. • Water storage capacity remaining is 40.3% (191 million gallons) • Approximately 73 days of water supply remaining (at Capacity Use specified release rate) • Current Eno River flow at the Hillsborough gage is 2.2 cfs (1.42 mgd). This is approximately 1.2 cfs above minimum flow required by the Eno River Capacity Use Agreement (with only 1.0 cfs from Hillsborough), but well below the median flow for this time of year. • Stage 5 Eno River Capacity Use withdrawal restrictions came into effect today. • Orange Alamance has resumed operating their water plant again with projected withdrawals of 300,000 gallons per day, each Monday, Tuesday and Wednesday. West Fork Reservoir (as of 11/8/07) • Water level is 74" below spilling • Water storage capacity remaining is 60.7% • Approximately 216 days of water supply remaining (assuming Town's current release rate (reduced now to 3.0 cfs, 1.94 mgd). • Since 9/11/07, the Town has been releasing a level of flow into the river well in excess of its minimum instream flow release. • As of 10/22/07, the Town's water customers are in Stage I -voluntary water restrictions. . OWASA Reservoirs • Water level at Cane Creek Reservoir is 133.8" below full • Water level at University Lake is 83.0" below full • Total remaining water storage capacity is approximately 50.7 • Approximately 217 days of water supply remaining (at current 30-day average daily demand [8.3 million gallons per day]) • On October 18, 2007 OWASA (followed by the local governments having civil jurisdiction over OWASA customers) downgraded its water supply condition and enacted its "Stage II Water Shortage" restrictions, a mandatory regulation of uses of water considered extraneous which will be in effect until terminated. Stage II provisions add additional restrictions to those of Stage I, including increased commodity surcharges to water use in excess of specified flows (800 gallons per day residential, no spray irrigation except for those selling plants, only commercial vehicle washing operations where 50% of water used is recycled. ,~ National Weather Service/NOAH Regional Precipitation data (as of 11/6/2007) (inches above f+1 or below f-1 normal) RDU Piedmont-Triad -1.15" since September 1, 2007 -0.64" since September 1, 2007 -6.75" since January 1, 2007 -10.24" since January 1, 2007 Miscellaneous notes 1. Please note that the rainfall deficits noted above show only deficits from January 2007, and do not reflect deficits that remained at the end of preceding years. USGS ground water specialists and hydrogeologists speculated at a meeting last week that North Carolina as a whole needs 30 to 40" of rainfall by April 2008 to break the drought. 2. The NC Drought Management Advisory Council drought map, updated November 6, 2007, shows that the southern half of Orange County is within the area characterized as experiencing "extreme drought" (the second-most severe drought classification used), while the northern portion of the County is classified as experiencing "severe drought" (the third- most severe drought classification used). 3. Given that: 1) Orange Alamance's withdrawals are now averaging well below historical levels (approximately 130,000 gallons per day); 2) Piedmont Minerals withdrawals are but a tiny fraction of its historical levels of withdrawal; and 3) Hillsborough has been releasing well above its minimum required release, the water level at Lake Orange -though quite low - is well above what might be expected with the current drought situation.