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HomeMy WebLinkAboutMinutes - 20071203,~ APPROVED 1/15/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 3, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 3, 2007 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, and Mike Nelson COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Board Organization a. Election of Chair and Vice-Chair Chair. Commissioner Jacobs VOTE: UNANIMOUS Vice Chair Commissioner Foushee VOTE: UNANIMOUS b. Designation of Voting Delegate for all NCACC and NACo meetings for Calendar Year December 1, 2007-2008 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to appoint the Chair as the voting delegate to NCACC and NACo. VOTE: UNANIMOUS Appointments a. Manager A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint Laura Blackmon as the County Manager. VOTE: UNANIMOUS ,~ b. Clerk to the Board A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Donna S. Baker as Clerk to the Board. VOTE: UNANIMOUS c. County Attorney A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Geof Gledhill as the County Attorney. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda Commissioner Carey said that the pink sheet is a different resolution submitted for item 3-c. He suggested adopting either one or both of the resolutions. The yellow sheet also went with item 3-c. Chair Jacobs said that the blue sheet is an additional applicant for the Local Revenue Options Education Advisory Committee, item 10-d. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. a. Matters not on the Printed Agenda NONE Public Comments b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Resolution Recognizing and Honoring Dr. Phail Wynn The Board considered a resolution recognizing Dr. Phail Wynn, retiring President of Durham Technical Community College, for service to Orange County and the local community. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve a resolution recognizing Dr. Phail Wynn, retiring President of Durham Technical Community College, for service to Orange County and the local community. Commissioner Carey read the resolution. RESOLUTION RECOGNIZING AND HONORING DOCTOR PHAIL WYNN WHEREAS, Dr. Phail Wynn was appointed president of Durham Technical Institute, now Durham Technical Community College, in 1980; and WHEREAS, he was the first African-American community college president in North Carolina; and ,~ WHEREAS, he has served as a member of the board of directors of the Triangle Community Foundation and the Board of Governors of Research Triangle Institute; and WHEREAS, his community service continued by serving on the board of directors of UNC Health Care System; and WHEREAS, prior to his appointment, Dr. Wynn served with the 82nd Airborne Division and the U.S. Army Special Forces; and WHEREAS, Dr. Phail Wynn has helped to advance the educational status of many Orange County residents through classes in Orange County as well as on the Durham campus; and WHEREAS, he has helped drive the arrival of the Durham Technical Community College satellite campus in Orange County, currently scheduled to open in early 2008; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, on behalf of the residents of Orange County, hereby expresses its sincere gratitude and deep appreciation to Dr. Phail Wynn for outstanding and admirable public service; BE IT FURTHER RESOLVED that the Board of Commissioners extends to Dr. Phail Wynn its highest regard and best wishes for many years of happiness, good health and rewarding experiences in his future endeavors. This the 3~d day of December 2007. VOTE: UNANIMOUS Dr. Phail Wynn said that he sincerely appreciates this honor and he is deeply grateful. He said that it has been a wonderful experience working with the Board of County Commissioners and the citizens of Orange County. He said that the partnership between Durham Tech and Orange County will continue. b. Presentation by the Library Services Task Force The Board received a presentation from the Library Services Task Force, which has worked on two main components of the charge of January 2007 and will present a report of the Library Services Standards for Orange County and a Capital & Operational Request as it relates to Library Service. Dr. Evelyn Daniel, Chair of Library Services Task Force, said that she has worked on three incarnations of the task force and they have worked hard to improve the services of the library. She said that the task force has brought forward a set of standards that it believes are appropriate for Orange County. The task force studied state and community standards, compared services provided against these standards, and have chosen and discussed them. The task force recommends these standards for approval and adoption for Orange County Library Services. Commissioner Carey said that there were citizens from Chapel Hill and Carrboro serving on the task force, and asked if the recommendations include the Chapel Hill Library. Evelyn Daniel said that it applies to all libraries in Orange County, including Chapel Hill. Evelyn Daniel reminded the Board about the 2004 Task Force when it looked at building facilities and elected to use a countywide model and to recognize the municipal library ,~ of Chapel Hill as part of that countywide model. The task force continues to do this with standards for services and collections. Commissioner Carey asked if the Town of Chapel Hill has to approve these standards and Evelyn Daniel said yes. Chair Jacobs said that the standards could be sent to Chapel Hill for review. Evelyn Daniel said that the Director of the Chapel Hill Library was a strong participant in the development of the standards. She said that Orange County meets the majority of the standards, but not all of them. She wants the standards that are not met to be goals for the future. Evelyn Daniel said that the second part of the recommendation is a capital and operational request, which is attached. The task force wanted to go very strongly on record for a southwest regional branch library. There is also a request for some additional money for the new main library in Hillsborough and for the Heritage Center. Chair Jacobs said that the Board is receiving this as information only at this time. Commissioner Nelson thanked the entire task force for the hard work. He said that the standards are guideposts or goals for library services in the County. The second step includes the budget. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to receive the Standards for Library Services in Orange County as presented by the Task Force and receive the capital and operating budget requests. VOTE: UNANIMOUS c. Proclamation of Human Relations Commission's Celebration of Bill of Rights Day, Human Rights Day, and Human Rights Week The Board considered a proclamation designating December 10-16, 2007 as Human Rights Week; December 10, 2007 as Human Rights Day; and December 15, 2007 as Bill of Rights Day to highlight the importance of Human Rights in Orange County and beyond. James Spivey said that each year since 2005 the Board of County Commissioners has adopted a proclamation recognizing these specific days. The Orange County Human Relations Commission requests that the Board of County Commissioners adopt this tonight. He made reference to the 2006 Annual Report from the Human Rights Coalition of North Carolina, which was in the packet. Commissioner Nelson read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve a proclamation designating December 10-16, 2007 as Human Rights Week; December 10, 2007 as Human Rights Day; and December 15, 2007 as Bill of Rights Day to highlight the importance of Human Rights in Orange County and beyond. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, on December 10, 1948, the member States of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems agreed on the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in connection with the Universal Declaration of Human Rights; and ,~ WHEREAS, the Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press as well as freedom of religion and association; and WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due process of law and establishes fundamental rules of fairness in judicial proceedings, including the right to trial by jury; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in Orange County, and each of us can play a major role in enhancing human rights; and WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace;" NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim December 10 - 16, 2007 t0 be HUMAN RIGHTS WEEK and December 10, 2007 aS HUMAN RIGHTS DAY and December 15, 2007 aS BILL OF RIGHTS DAY in Orange County and challenge our residents to study and promote the ideas contained in these documents to the end that freedom, justice, and equality shall not perish but will flourish and be made available to all. THIS THE 3rd DAY OF DECEMBER, 2007. VOTE: UNANIMOUS Margaret Misch brought an additional handout. She made reference to amendments 1 and 4, in relation to counties. She said that she put in the handout the two resolutions that the Board of County Commissioners passed in 2003. Orange County also passed a resolution protecting all persons in Orange County from infringements on their civil rights after the Patriot Act. Since then, there have been other regulations coming down from the Administration. She is concerned about the implementation of the resolutions that are passed and that the Sheriff's Department and the police departments are not following through on policies that are passed. She wants everyone down the line to know that people are protected in Orange County. She hopes that someone from Orange County will read this proclamation December 15th at 12:00 p.m. at Peace and Justice Plaza in Chapel Hill. Senator Ellie Kinnaird is arranging this. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to adopt the Bill of Rights Day proclamation and authorize the Chair to sign. PROCLAMATION Bill of Rights Day DECEMBER 15, 2007 ,~ Whereas, the necessary states ratified the Bill of Rights, the first ten amendments to the United States Constitution, on December 15, 1791; and Whereas, the Bill of Rights protects every person of this state and nation from the infringement of basic human and civil rights; and Whereas, the freedoms of speech and association and the right to due process and equal protection of the law, as embodied in the Bill of Rights, are a model for democratic institutions and laws all over the world; and Whereas, the people of North Carolina stood strong in withholding ratification of the Constitution until the Bill of Rights was added to ensure their inalienable rights; and Whereas, the Orange County Board of Commissioners demonstrated its commitment to "upholding the civil rights and civil liberties of all persons in Orange County and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of North Carolina, and Orange County," in a May 20, 2003 approved resolution entitled "A Resolution Regarding the Protection of Civil Rights and Civil Liberties"; and Whereas, the Orange County Board of Commissioners reaffirmed the protections of all its residents by passing "A Resolution Opposing the Use of Local Law Enforcement to Enforce Civil Immigration Law and Policy" on January 23, 2007; Now, Therefore Be It Resolved that we the Orange County Commissioners, North Carolina, do hereby proclaim December 15, 2007, as "BILL OF RIGHTS DAY" in Orange County and commend this observance to all people. This, the 3~d day of December 2007 VOTE: UNANIMOUS d. Resolution of Approval -Contribution of Funds for Land Acquisition and Acceptance of Conservation Easement from the Eno River Association The Board considered a resolution authorizing an agreement between the County and the Eno River Association for the County contribution of funds for the purchase of the Eno Confluence property (110 acres) and the acceptance of a conservation easement for the same property and authorizing the Chair and Clerk to sign pending final review by staff and the County Attorney. Environment and Resource Conservation Director Dave Stancil said that this is another noteworthy effort and it involves five different conservation entities, including the City of Raleigh. This is a collaborative effort. Land Conservation Manager Rich Shaw introduced two guests from the Eno River Association. He showed some maps. The property is owned by Ms. Joanne Stollings of Burlington and is 110 acres in size. 11 is a high priority for conservation in the program action plan. It has 2.1 miles of river frontage, both on the east fork and the west fork of the Eno River. It is in the Upper Eno Protected Watershed. This section of the Eno River has been noted to have great water quality and has ,~ nine rare and endangered species of aquatic life. Adjacent to this property, there are 24 acres under conservation easement held by Orange County. The City of Raleigh is contributing money through the Upper Neuse Clean Water Initiative. The County is being asked to contribute $250,000 toward the purchase price of $1.1 million. The Eno River Association negotiated a contract with the owner to purchase this land over three years. However, with the State funds, local government funds, and Eno River Association private funds, the association intends to close on the purchase of this property on December 18th. In doing so, over $190,000 will be saved in additional fees. Following the acquisition, the Eno River Association will convey a conservation easement on the property to the State of North Carolina for the wooded stream buffers along the perimeter of the property, and a separate conservation easement to Orange County for the entire property. The conservation easement would limit the future use of the property for low-impact recreation, educational purposes, and continued limited agricultural use. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to approve the resolution authorizing the following: a) the County's contribution of $250,000 toward the purchase of the Eno Confluence property with a transfer of funds for a closing on the purchase expected to occur on or about December 18, 2007; and b) the County entering into an agreement with the Eno River Association that stipulates the Eno River Association will grant a conservation easement to the County on or before December 31, 2008; and c) the Chair and the Clerk to sign said agreement, subject to final review by staff and the County Attorney; and d) the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS Commissioner Foushee read the resolution. RESOLUTION Authorization to Accept a Conservation Easement from the Eno River Association for the Eno Confluence Property WHEREAS, Orange County has adopted goals promoting the preservation of natural areas, wildlife habitat, farmland and open space in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on lands that include natural areas, wildlife habitat and riparian buffers within water supply watersheds; and WHEREAS, Orange County and the Eno River Association, a private non-profit land trust with similar conservation goals, have agreed to collaborate on the acquisition and protection of riparian buffers and aquatic habitat in the Upper Eno watershed; and WHEREAS, Orange County and the Eno River Association were awarded a grant from the NC Clean Water Management Trust Fund to protect a 110-acre property located at the confluence of the East and West Forks of the Eno River ("Eno Confluence"); and ,~ WHEREAS, the Eno River Association intends to acquire the property and grant a conservation easement over the entire property to Orange County, which would protect the property for future low-impact recreation and educational uses; and WHEREAS, Orange County and the Eno River Association have generally agreed on the language of said conservation easement to be granted to the County; and WHEREAS, the Eno River Association intends to execute a promissory note obligating the Association to repay the County's funds in the event that the Association fails to execute and record a conservation easement acceptable to the County; and WHEREAS, the joint acquisition and protection of this property is exemplary of the County's ongoing collaboration and partnership with the Eno River Association; NOW, THEREFORE, BE IT RESOLVED that the County agrees to release funds in the amount of $250,000 for the purchase of the Eno Confluence property, which will be owned by the Eno River Association. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners agree to the acceptance of a conservation easement from the Eno River Association, with the understanding that said easement will be granted to the County on or before December 31, 2008. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners agree to execute an agreement with the Eno River Association that stipulates the specific terms of its collaboration on this project. This, the 3rd day of December, 2007 Chair Jacobs applauded the City of Raleigh's participation in this collaboration. He said that it would be great if other municipalities in the area were similarly forward looking. 4. Consent Agenda A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from October 23 and November 5, 2007 as submitted by the Clerk to the Board. b. Appointments (1) Chapel Hill/Orange County Visitors Bureau -Reappointments The Board reappointed Lee Pavao -Chapel Hill/Carrboro Chamber of Commerce, with an expiration date of December 31, 2008; Rachel Phelps Hawkins -Hillsborough Chamber of Commerce, with an expiration date of December 31, 2008; Linda Convissor - UNC Chapel Hill, with an expiration date of December 31, 2009; Raymond Strunk - NC High School Athletic Association, with an expiration date of December 31, 2010; Frances Dancy -Town of Hillsborough, with an expiration date of December 31, 2010; Mark Sherburne - O/C Lodging Association, with an expiration date of December 31, 2009; Jon Wilner -Carrboro ,~ Board of Aldermen, with an expiration date of December 31, 2010; and Creston Woods - O/C Lodging Association, with an expiration date of December 31, 2009, to the Chapel Hill/Orange County Visitors Bureau. (2) Commission for the Environment -Reappointments The Board reappointed Kirk Ross, and Lucy Adams and David Brower to first full terms ending December 31, 2010 to the Commission for the Environment. (3) Information Technology Advisory Committee -Reappointments The Board reappointed Roger Smith to a first full term ending December 31, 2010 and Noel Lewis to a second full term ending December 31, 2010 to the Information Technology Advisory Committee. (4) Nursing Home Community Advisory Committee -Reappointments The Board reappointed Carol Hierman and Anne Winfield to first full terms ending December 31, 2010 to the Nursing Home Community Advisory Committee. c. Applications for Property Tax Exemption and Present Use Value The Board approved ten (10) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year and one (1) untimely application for participation in the Present Use Value program for 2006. d. Property Value Changes The Board adopted a resolution, which is incorporated by reference, approving value changes made in property values after the 2006 Board of Equalization and Review has adjourned. e. Examination of Bonds The Board maintained the bonds at the present levels. f. Proposed Grant Application to NC Parks & Recreation Trust Fund The Board approved the submittal of a joint application (County and Town of Hillsborough) to the NC Parks and Recreation Trust Fund for state grant funds to develop Fairview Park and authorized the Chair to sign prior to the January 31, 2008 deadline. g_ Bid Award: Connect "Gateway Campus" to County Computer Network The Board approved a contract with Intellicom, Inc. of Durham, North Carolina to install data networking fiber between the new "Gateway Campus" and the Orange County computer network; and authorized the Purchasing Director to issue a purchase order in the amount of $40,780. h. Bid Award: Hook Lift Truck for Orange County Solid Waste The Board awarded bid number 267 to Triad Freightliner of Greensboro, North Carolina at a delivered cost of $144,821; and authorized the Purchasing Director to execute the necessary paperwork. i. Orange County Landfill Engineering Services Agreement Renewal The Board approved the Agreement renewal and authorized the Chair to sign the Agreement subject to final review by staff and the County Attorney. L Service Coordination Renewal Agreement with Manley Estates and the Department on Aging The Board authorized the Chair to sign the Agreement to provide service coordination for the residents of the First Baptist and Manley Estates senior housing complex in Chapel Hill. k. Encroachment Agreement: Central Orange Senior Center/Sportsplex Renovation Sidewalk Construction The Board approved the Three Party Right of Way Encroachment Agreement among the North Carolina Department of Transportation, Orange County and the Town of Hillsborough as presented; and authorized the Chair to sign on behalf of the Board. I. Recommendation to NCDOT Concerning the Addition of Little Leaf Lane to the State Road System ,~ The Board forwarded the Little Leaf Lane petition for addition to the State Maintained System to the NC DOT with a positive recommendation. m. Contract with Town of Hillsborough for Animal Control and Emergency Animal After Hours Call Services The Board approved the contract and authorized the Chair to sign the contract with the Town of Hillsborough for basic and on-call animal control services in the amount of $13,682, subject to final review and approval by the County Attorney. n. Lease Renewal: 501 W. Franklin Street, Suite #105 The Board approved the lease renewal as presented for Terradotta.com for the term December 3, 20007 through December 2, 2008 for a monthly rental fee of $800; and authorized the Chair to sign on behalf of the Board. o. Lease Approval: Animal Shelter, Solid Waste Administration Building and Recycling Center on Municipal Drive, Chapel Hill The Board approved leases with the University of North Carolina for property on Municipal Drive, Chapel Hill, previously or currently used by the County; and authorized the Manager to sign. ~ Commission for Women (CFW) Bylaws Amendment The Board approved the proposed changes to the Commission for Women's (CFW) Bylaws to include a mission statement, delegation of hiring and supervisory duties, and other minor changes for the purpose of clarification and authorized the Commission for Women to amend the Bylaws. ~ Classification and Pay Plan Amendments -Add/Revise Various Classes The Board amended the Orange County Classification and Pay Plan to: 1) Add one new class of Communications Operations Manager; 2) Reclassify the salary grade of two existing job classes (Animal Services Director and Shelter Operations Manager); and 3) Re-title one class (Communications Specialist to Communications Manager) and reclassify the salary grade. r. To Accept Annual Report and Recommendations on Child Care from the Social Services Board The Board received the report, accepted the four goals, and authorized the Social Services Director to submit a competitive bid for administering the Smart Start subsidy program. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Animal Ordinance Civil Penalty and Fee Increases, Second Reading The Board considered approving the second reading of amendments to the County's Animal Ordinance to update select civil penalties effective July 1, 2008, allowing asix-month period of education and public outreach prior to the change. Animal Services Director Bob Marotto said that Vice-Chair of the Animal Services Advisory Board, Susan Elmore, was here to address any concerns or questions regarding the review that was conducted by the Animal Services Advisory Board. This is the second reading of the animal ordinance amendments. There was a 4-1 vote rather than a unanimous vote at the first reading in November. He said that, if approved, the amendments go into effect July 1, 2008. This date reflects the change that was made to the public relations plan on the basis of the discussion on November 15th, to make an adjustment from an 8-week public relations plan to a 6-month public relations plan so that there would be ample time to do public education and outreach. In ,~ addition, the staff initiated several other activities. The staff will be meeting with Information Technology as well at the Clerk's Office with regard to the website and how it can be revised in positive ways. Secondly, staff has notified the holders of class 1 and class 2 permits in the County that this discussion was ensuing tonight regarding the changes. He said that he hopes that everyone appreciates the extent to which the ASAB is positive and proactive in the work that it does with citizens of Orange County regarding the animal control ordinances. He said that staff works with pet owners to license pets on an annual basis and are positive in their approach to orientation. He said that the goal is to try to ensure, through these amendments, that everyone is educated 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 on second reading. These amendments include the recommended increases in civil penalties and fines and selectively replaces the designation of civil penalties with fees, to be effective July 1, 2008, upon completion of the approved public relations and outreach efforts as outlined. VOTE: UNANIMOUS b. Zoning Ordinance Text and Map Amendments -Proposed Efland-Cheeks Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the Zoning Ordinance Pertaining to Impervious SurFace Ratio Regulations The Board considered making text and map amendments to the Zoning Ordinance and Zoning Atlas regarding a proposed new zoning overlay district -Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) -and to consider amending impervious surface limits prescribed in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back Creek Protected Watersheds. Perdita Holtz said that this proposed amendment to the zoning ordinance map was on the October 9th BOCC agenda for adoption, and at that meeting, the BOCC directed staff to hold a public information meeting to ensure that people living in the area were as informed as possible. Planning staff held a public information meeting on November 1St at the Efland- Cheeks Community Center, and a synopsis is on page two of the abstract. Commissioner Foushee asked about the reference to a comment from a citizen about long-term effects on the black community. She asked for an elaboration on this. Perdita Holtz said that this individual was concerned about potential tax impacts and potential traffic increases. She said that the citizen was wary of any change along the corridor and Perdita spoke to her, although she was still apprehensive. Commissioner Gordon said that she had expressed some concerns at the November Stn meeting about the tax impact, and other impacts, on part of this area. She said that if this is passed, that it should be passed with a provision that the County Commissioners receive a staff report within one year to assess the impacts of property conversions and revaluations. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve text and map amendments to the Zoning Ordinance and Zoning Atlas regarding a proposed new zoning overlay district -Efland-Cheeks Highway 70 Corridor Overlay District (ECOD); and to amend impervious surface limits prescribed in Section 6.23.3 of the Zoning Ordinance in regards to he Upper Eno and Back Creek Protected Watersheds, with a provision to receive a staff report annually including the number of conversions and the effect on the revaluation of the property. VOTE: UNANIMOUS ,~ Chair Jacobs said that sometimes the Board asks for annual reports and he asked the Manager to make a schedule for these annual requests. c. Landfill Gas Recovery Process Options The Board considered proposed options for proceeding to develop a gas recovery project at the Orange County Landfill. Solid Waste Director Gayle Wilson said that staff is asking for guidance from the Board regarding an approach to move forward to pursue a landfill gas recovery project. In 1997, the Chapel Hill Department of Solid Waste became a partner in EPA's Landfill Methane Outreach Program in hopes of identifying a landfill gas project for the facility. The University quickly became the only viable project opportunity. Following meetings with University representatives, aproject was not put together, and it was abandoned. Over the last few years, there have been various inquiries and discussions regarding getting this project off the ground. Over the past several months, there has been considerable interest in the relatively small landfill. The County has been contacted by a number of parties interested in delivering specific proposals. The University is interested in this and the staff and representatives from the University have met several times to discuss this potential project. Late this summer, the University submitted a memorandum of understanding, attached to the abstract, for Orange County consideration. This MOU would grant exclusive rights for the University to negotiate with Orange County and would prohibit Orange County from considering other proposals. The MOU approach is option #1 in the abstract. In response to receiving various other expressions of interest, option #2 is an RFP process for all interested parties, including the University. Option #3 is for Orange County to develop its own landfill gas project. He introduced Bob Selig, a landfill gas consultant, who was available to answer any questions. Chair Jacobs said that late today further communication was received from UNC- Chapel Hill Associate Vice Chancellor of Auxiliary Services Carolyn Elfland asking that the Board defer making a decision until the next meeting so that she and University staff have an opportunity to meet with the Manager because there is still some misunderstanding and miscommunication. Carolyn Elfland said that there seems to be some problem with communicating with the University. She wants to arrive at the reason why there cannot be a meeting and try to overcome that. Commissioner Nelson said that this is an important time where there is finally a market for methane gas. Methane is one of the worst greenhouse gases and he wants to move forward expeditiously with the University. He said that he is not going to be willing to wait forever, but he is willing to wait one more week. Commissioner Foushee agreed with Commissioner Nelson. She asked about option #3 and if it is cost-effective for the County to develop its own project. If not, she wants to remove this option. Laura Blackmon said that there would be some infrastructure and operating costs, and additional assistance would be sought for this. Commissioner Foushee suggested removing this as an option for expediency purposes, and the Board agreed. Commissioner Gordon said that the underlying presentation of options seems to be economic return. She said to include project specific economics, when this is brought back. She said that the decision would be partially driven by the return. Laura Blackmon said that there is no way to know this because the market value of the gas is not known. ,~ Commissioner Gordon said that there was a presentation from a consultant awhile back on this. She requested that when staff comes back to report on the conversation between Orange County and UNC, including the pros and cons of this type of project. Laura Blackmon said that part of the reason that this is vague is because if this is put out to bid, the bids are submitted as sealed. She said that part of the discussion with the University and the reason that staff decided that it would not be in the best interest to discuss this is that specifics would be discussed that would be included in a bid. She does not think it is in the County's best interest to meet with various people that might be interested in doing this for the County. Commissioner Gordon asked for pros and cons of all options, with no proprietary information. Commissioner Nelson said that having pros and cons is always helpful, but will be a little harder because the State Legislature passed a Renewable Energy Portfolio Standard, which is forcing utilities to start buying power from renewable energy sources. This has created a marketplace and companies are aggressively searching out opportunities. Carolyn Elfland said that there seems to be the perception that the University is not interested in purchasing gas, and this is not accurate. The University realizes that the County wants a revenue stream. She said that there are some legal concerns about the University responding to an RFP. Even if the issues were resolved, it is not what the University does. If this were put out to bid, the University would not respond. Chair Jacobs said that a fair market value has arisen and a consultant could give some estimate of a reasonable amount of revenue and there could be a determination of pros and cons. Laura Blackmon said that maybe a market value for the last year could be ascertained, but there have been changes in the last year. Chair Jacobs suggested that the Manager talk with the consultant as she puts together pros and cons. Commissioner Gordon said that the County's consultant recommended option #2 and she asked why. Bob Selig said that, in looking at various options, the primary reason to go with an RFP is to establish a fair market value. He said that the intent of an RFP would not be to exclude anyone but it would be an open process. Commissioner Carey suggested proceeding with discussions to be held with the University. He said that with an RFP, the private sector will look at its economic interests, but the County also has some broader interests. He would like to achieve the economic and broader interests, if possible. Commissioner Nelson agreed with Commissioner Carey. He said that he is very interested in working with the University. He is concerned about the University with regard to flaring off the gas for a number of years until Carolina North comes on board. He would like to see other options for the gas until that time. PUBLIC COMMENT: None. Chair Jacobs said that the Board would defer this item until the December 11th meeting. He said that the Board of County Commissioners values the relations with the University. d. Amendment -Additional Services - to Professional Services Agreement for Design of Northern Human Services Center to Include Work on Septic System ,~ The Board considered authorizing a change order in an amount not to exceed $74,500 for the design work associated with the Northern Park to include completion of the design of the septic system that will support the Park and the adjacent Northern Human Services/Center; and authorizing the Chair to sign. Purchasing and Central Services Director Pam Jones said that this project has been before the Board many times and the septic system has not been permitted yet due in part to lack of time from the County Engineer's office, who has been too involved with the Efland/Buckhorn sewer project. The sewer project for the park needs to be up and running when the park opens. To this end, a change order is requested for the design team for a maximum of $74,500. She said that items 4 and 5 could possibly be handled by the County Engineers' office. Chair Jacobs verified that the Board would be getting regular progress reports and a senior engineer would be working on this project from here on out. A motion was made by Commissioner Carey seconded by Commissioner Foushee to approve a change order for additional services in an amount not to exceed $74,500 for the Northern Park design project to include the drafting/design of the new wastewater treatment system as outlined above; and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS e. Authorization for OWASA to Accept Wastewater Flow from the Blenheim Woods Subdivision in Durham City and County The Board considered authorizing a request from the City of Durham and the Orange Water and Sewer Authority (OWASA) to allow the connection of the proposed Blenheim Woods subdivision (located within Durham City and County) to the OWASA wastewater collection system. Laura Blackmon said that OWASA was here to present and to request approval. This request was heard at the Assembly of Governments meeting. Director of Engineering and Planning for OWASA Mason Crum said that he was here to answer any questions regarding the proposed transfer of wastewater from the City of Durham to OWASA for the Blenheim Woods development. The development is located entirely in Durham County and entirely in Durham's service area, but it is adjacent to the Durham/OWASA Service Area Boundary. He said that the OWASA Board approved this and expressed support for Durham's request in September. On September 20th, it was presented to the AOG, and it was approved by the Towns of Chapel Hill and Carrboro. In order for the initiative to move forward, it has to be approved by the Orange County Board of Commissioners. If approved, the next step would be development of a written agreement between Durham and OWASA that outlines each organization responsibilities and support of transfer. He said that OWASA believes that Durham's request should be approved because: • Durham, like OWASA, strongly prefers gravity sewer collection systems because they avoid the increased operational and maintenance costs, increased likelihood for spills and potentially adverse environmental consequences and increased noise and light pollution associated with pump station/force main arrangements. • Approval, or disapproval of this request has no "growth" implications for this area. The Blenheim Woods development has already been approved by Durham and will happen, with or without a gravity sewer connection to the OWASA system. • Durham has confirmed that this is a "one of a kind" request and that they anticipate making no similar requests to OWASA in the future. ,~ • There are no policy or service boundary adjustment implications. Current policy allows approval of the request and no boundary adjustments are involved. • If approved, OWASA will recover all costs associated with this proposal as part of a written agreement between OWASA and Durham. • Under an existing agreement requested by the Orange County Board of Commissioners and OWASA, Durham currently accepts wastewater flows from 59 OWASA customers in the Piney Mountain Subdivision in Orange County. • OWASA believes approval of the proposal is appropriate because it is important that all water/sewer utilities in the region mutually support one another when it is feasible to do so (it is important to remember that Durham was standing by to provide OWASA with finished water if it had been necessary in the aftermath of the August 8, 2007 fire at OWASA's Jones Ferry Road Water Treatment Plant), and that Durham has assisted the Chapel Hill-Carrboro community many times during past droughts and emergencies. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to authorize OWASA to accept wastewater flow from the Blenheim Woods subdivision. VOTE: UNANIMOUS f. Approval of Revised 2008-18 Capital Investment Plan (CIP) Timeline The Board considered approving a revised adoption timeline for the proposed 2008-18 Capital Investment Plan. Laura Blackmon said that the staff has still not received unbudgeted CIP projects from the OCS. She is also going to be putting the County's unfunded projects in the matrix based on the ten-year timeframe. The revised timeline is for the Board's approval. It includes the presentation at the next Board meeting of Orange County's unfunded capital needs. There will be a workshop in mid-January to talk about the unfunded projects and local revenue options. Commissioner Gordon said that this is a doable schedule. She applauded starting the CIP process earlier. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a revised adoption timeline for the proposed 2008-18 Capital Investment Plan. VOTE: UNANIMOUS 7. Reports a. Report on the Development of Interim Solid Waste Management Plan The Board received information and considered providing direction on the development of an Interim Solid Waste Management Plan - 3-Year Update, for submission to the State, pending completion of ongoing Solid Waste Planning Work Group process. Blair Pollock asked for approval for the staff to go forward with this interim plan. The State statute requires three-year updates to the Ten-Year Solid Waste Management Plan. The County is behind schedule on this update because it is so elaborate and there are so many entities involved. He said that he anticipates completion of the update in about eight months. This should put the County in compliance. Chair Jacobs asked if there has been any feed back from the State about being late and Blair Pollock said no. Chair Jacobs said that this is a toothless enforcement. Commissioner Nelson supports this interim plan and he is concerned that this is 20 months behind. He wants to know if the process needs to be tweaked. He said that Orange County does have a habit in government of making processes way too complicated. He does not want the next plan to be this late. ,~ Gayle Wilson said that in the past the County has been timely with the plans and they did not realize there would be a problem with their plan in 2006 until it was being considered for adoption in May and June of that year. Chair Jacobs said that when Orange County tries to be collaborative, it makes things complicated. He said that Orange County goes so far to bring people in that it may have delayed the process of making decisions. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve proceeding forward with development of an interim plan for referral to each of the Orange County local governments for adoption and then to be submitted to the State in order to achieve compliance with State law. VOTE: UNANIMOUS b. Report: Revision to Personnel Ordinance Article III, Section 3.0 Overtime Compensation The Board received a report on a proposed revision to the Orange County Personnel Ordinance, Article III, Section 3.0 Overtime Compensation. Laura Blackmon said that the Chair and Vice-Chair thought it would be good to discuss this and put it on the next meeting agenda for approval. Policy and Compliance Officer Annette Moore said that last year the Board of County Commissioners asked the staff to look at overtime compensation and compliance issues. Staff reviewed the ordinance and discussed overtime compensation with departments. The feedback received indicated that the language in the ordinance did not provide enough guidance to ensure compliance with the Fair Labor Standards Act. The feedback was that departments required more information about this issue and how to calculate overtime compensation. Based on the review of the ordinance and feedback from the department, staff proposed to revise this ordinance and to direct the Manager to devise a set of informational guidelines that would be consistent with the Fair Labor Standards Act. The ordinance would always direct the Manager to comply with the laws that apply to overtime compensation, create a place where changes in State or Federal law would be dealt with quickly, enable the County to look at best practices, and keep the language of the ordinance and the rules and regulations up to date. The proposal was reviewed by the County Manager, the County Attorney, the department directors, and interested staff. Commissioner Gordon made reference to the proposed revision of Article III, Section 3.0 Personnel Ordinance. She asked if the entire 3.0 would be replaced by the single paragraph and Annette Moore said yes. Commissioner Gordon verified that the Board would be asking the Manager to develop the Administrative Rules and Regulations. Commissioner Gordon asked if there was any stipulation to notify the Commissioners if the Manager changes the rules and regulations. Annette Moore said that it is not in there yet, but it could be in another section of the ordinance. Commissioner Gordon said that in another organization to which she belongs, the Manager reports back at the next meeting when changes occur in the rules and regulations. She would like the same thing for Orange County. Geof Gledhill said that when this is brought back for Board of County Commissioners' action, then that is the time to make amendments to the ordinance and report requirements. Commissioner Gordon agreed to discuss her amendments when this is on the agenda again. This item will be brought back in January 2008. ,~ c. Report on County Campus Project The Board received information regarding the status of the County campus construction projects and provided feedback as may be appropriate. Pam Jones made a PowerPoint presentation. County Campus Status December 3, 2007 Gateway Building-22,000 SF 22, 000 square feet Register of Deeds, Tax Assessor (including Land Records/GIS) and Revenue Leased by County for one-year; option to purchase Completion in early 2008 30-45 day transition period Gateway Sustainability Daylighting Borrowed light to interior spaces via transoms Water reclamation Energy efficient HVAC, lighting Low flow water fixtures Motion detectors for lighting Recycled materials in flooring/carpet Break room-no need to drive to lunch Reclaimed wood flooring from Southern States building in lobby Parking Deck • Parking Deck completion in tandem with Gateway opening • Parking available on first level for County staff in Gateway • Upper floors of deck will be needed during construction of office building Office Building: 46,716 SF • Ground Floor. • Information Systems Department • Meeting Rooms • First Floor (main entrance) • Inspections • Environmental Health ,~ • Second Floor • ERCD • EDC • Housing and CD • Engineering • Third Floor • Planning Department Office Building Reception • Main entrance on first floor • Reception counter inside main lobby • Inspections and Environmental Health Staff ' Start here for Central Permitting • Provides general information for other departments as well • Signage Office Building Meeting Rooms • Total of four • Approximately 50 persons • Approximately 25 persons • Two approximately 15 persons Office Building Sustainability • Daylighting • Borrowed light for interior spaces • Water reclamation • Energy efficient HVAC and lighting • Low flow water fixtures • Motion detectors for lighting • Recycled materials in flooring/carpet • Locker/showers for employees • Break room--no need to drive to lunch ,~ Office Building Elevation-East (picture) Office Building Elevation-South (picture) Office Building Elevation-North (picture) Office Building Elevation-West (picture) Office Building • Anticipated completion late-Summer/early-Fall 2008 • 30-60 day transition period Library • 23,454 square feet • Space Planner, Architect, Library staff finalizing layout • Plans to be reviewed by Task Force and BOCC in early-2008 Library Sustainability • Daylighting • Borrowed light for interior spaces • Water reclamation • Energy efficient HVAC and lighting • Low flow water fixtures • Motion detectors for lighting • Recycled materials in flooring/carpet • Break room--no need to drive to lunch Library Elevations-North (picture) Library Elevations-East (picture) Library Elevation--West (picture) Library Elevation-South (picture) Next Steps • Completion of contract documents • Architect • MEP Engineering • December 11, 2007 BOCC approval • CMAR agreement signed • Purchase Agreement signed ,~ Tracking the County Campus and Other Construction Projects • Visit www.co.orange.nc.us and find the status of all County construction projects under "What's New" Commissioner Gordon asked about the different pricing for this facility, compared with the original price, and Pam Jones said that she does not know that it will be a different price. The timeframe has been a littlie bit longer than anticipated. Geof Gledhill said that the original agreement said that all plans and specifications would be completed and delivered no later than June 17, 2007, and they still do not have these. Commissioner Gordon asked who was responsible for this and Geof Gledhill said that the architect is responsible, but all of the work that went into the plans and specifications is still going on. Chair Jacobs asked about citizens using the parking deck and issuing cards, etc., and Pam Jones said that there are 245 spaces period. There should be sufficient space for the public to park in the parking lot and not in the parking deck. There are paid spaces in the deck, but the deck is for employees. Commissioner Gordon asked Pam Jones to calculate the separate costs for each building, and to bring back those cost breakouts to the Commissioners, and Pam Jones agreed to do that. d. Contract and Proposal Review: Leading and Governing Associates Training and Facilitation Services The Board received information regarding a contract with Leading and Governing Associates in an amount not to exceed $13,000 for training and facilitation services associated with the County Commissioner retreat and Department Director training. Laura Blackmon said that the Board had its initial mini-retreat with Phillip Boyle and there will be another one this Friday. Part of the discussions the staff has had initially with Phillip Boyle is a steady progress toward achieving the development of some strategic directions, goals, and policy decisions and talking about doing the Board's budget retreat in the first part of the year. Because of that, the County would be expanding the contract beyond her approval level, and she wanted to bring this to the Board for information. This will also be discussed at the mini-retreat on Friday, December 7tn 8. Board Comments Commissioner Nelson -none Commissioner Carey -none Commissioner Foushee -none Commissioner Gordon said that the Intergovernmental Parks Work Group met and discussed the use of school sites for recreation. Also, the Recreation and Parks Director has said that summer camp has been canceled, so the County Commissioners may be getting questions and requests from the RPAC members. Chair Jacobs said that he went to a solid waste convenience center and the signs telling what to put in each bin are too small to read. Chair Jacobs said that the Ag Summit is scheduled for February 12th, with the bad weather day February 17th. There will be discussions about implications and assistance regarding the drought, value-added processing center, and energy alternatives for agricultural production. Chair Jacobs commended Commissioner Nelson for his work on the tethering committee. ,~ Chair Jacobs said that the next periodic meeting with the local DOT representatives would be December 12th. County Commissioners can submit ideas to the Clerk or Karen Lincoln for local transportation issues -turning lanes, safety, problems, etc. 9. County Manaaer's Resort Laura Blackmon said that the Farmers' Market mediation contract is for 10 hours with Andy Sachs, and he thought they may need more time. This contract may come back to the Board for an extension. Laura Blackmon said that she interviewed candidates for Financial Services Director position all day today. The Emergency Services Director position is closing on December 14tH 10. Appointments a. Arts Commission -New Appointment The Board considered making a new appointment to the Arts Commission. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to appoint Charles Hochman to the Arts Commission. VOTE UNAIMOUS b. Carrboro Board of Adjustment -New Appointment The Board considered making a new appointment to the Carrboro Board of Adjustment. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to appoint John Gant to the Carrboro Board of Adjustment with an expiration date of February 28, 2010. VOTE: UNANIMOUS c. Commission for Women -New Appointments The Board considered making new appointments to the Commission for Women. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to appoint Rae Buckley (Position #4- Chapel Hill Township) with an expiration date of June 30, 2009; April Ray (Position # 1, Non- Chapel Hill/Hillsborough Township) with an expiration date of June 30, 2010; and Shannon Jackson (Position # 15- Non -Chapel Hill/Hillsborough Township) with an expiration date of June 30, 2009. VOTE: UNANIMOUS 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 Commissioner Gordon, seconded by Commissioner Foushee to appoint David Brower to the Environmental Community position. VOTE: UNANIMOUS A motion was made by Chair Jacobs, seconded by Commissioner Foushee to appoint Robbin Taylor-Hall to the realtor position. VOTE: UNANIMOUS 11. Information Items-NONE 12. Closed Session-NONE ,~ 13. Adjournment Laura Blackmon said that Jeanette Jones would be serving as Interim EMS Director for possibly six months. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to adjourn the meeting at 10:18 pm. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board ,~