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HomeMy WebLinkAboutMinutes - 20080115 - Late APPROVED 2/19/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 15, 2008 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, January 15, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, 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. 1. Additions or Changes to the Agenda Chair Jacobs pointed out the changes to the agenda, indicated by colored sheets. The green sheet was a revised item 3-c, Resolution of Approval — Conservation Easement for the Breeze Farm, the yellow sheet was a revised item 3-e, Proclamation Acknowledging February as "Human Relations Month", the salmon sheet was a revised item 4-m, Orange County Small Business Loan Pool, the peach sheet was an additional item for item 6-b, Landfill Gas Recovery Process Options, and the blue sheet was a revised item 10-c, Transportation Services Board — New Appointments. There was also a PowerPoint related to item 6-c, the Bluffs at Moorefields- Preliminary Plan The closed session scheduled for this meeting has been moved to Wednesday, January 16th after the work session. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Robin Taylor-Hall asked if there was a timeline for completion of the Efland sewer project. Chair Jacobs said that there would be an answer at the February 51h meeting. James Carnahan is a resident of Carrboro and distributed a handout of comments regarding the Buckhorn project, which is now under review. He is concerned about the carbon monoxide impact of the trips that are projected once the project is completed. He said that these kinds of retail centers tend to sell predominantly imported products. He would like to find out the distribution of countries from which these products come and the dependence on coal and fossil fuels that these countries have. He wants to look at this in light of the growing interest in addressing CO2 emissions. He said that the plans show the possible residential and office component to be within 1,000 feet of the interstate. He said that there is research available pertaining to air quality impacts and noise impacts of human beings living and working in close proximity to interstates. He said that the update to the comprehensive plan could bring about a very different approach to the EDDs and a different perspective about the kind of economy that is wanted in Orange County. He asked about the Board's latitude in postponing consideration of the project. 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. Affordable Housing Performance Report The Board received the Annual Affordable Housing Performance Report from the Orange County Affordable Housing Advisory Board. AHAB Chair Artie Franklin distributed the 2008 calendar and said that the calendar serves as the annual performance report for fiscal year 2006-2007. He said that Orange County spent approximately $564,000 of federal, state, and local funds to facilitate provision of housing for approximately 45 households. Other highlights of the calendar include pertinent legislative information regarding housing matters, information regarding the Northern Fairview Initiative, and the work of USDA Rural Development. Chair Jacobs asked that calendars be made available at the libraries. b. ABC Board Report The Board received a report on ABC operations in Orange County from ABC Board Chair Thomas Heffner and Dan Sykes, General Manager for ABC in Orange County. Thomas Heffner summarized the abstract. The biggest accomplishment has been the renovation of the Village Plaza ABC Store. This store will reopen in the next month and a half. Profits of over$640,000 have been distributed over the last fiscal year- $96,000 to the school systems; $93,000 to the Sheriff's Department and Chapel Hill Police Department; and $451,000 to the Orange County General Fund. The ABC Board also paid an additional $71,000 for retired employee health benefits. The ABC Board has submitted a new plan for distribution of income. One of the main thrusts continues to be intolerance of underage drinking and improvement of existing facilities. Commissioner Carey arrived at 7:54 pm. Chair Jacobs asked if the ABC Board works with Economic Development or Planning when locating a store and Thomas Heffner said that they do work with the Economic Development office, and one of their challenges is finding retail space that they can afford. Chair Jacobs asked about the Hillsborough store and Thomas Heffner said that the potential location is the shopping center across from Bojangles. Chair Jacobs asked about the Meadowmont store and Thomas Heffner said that sales have improved there, but the store is still not profitable. c. Resolution of Approval — Conservation Easement for the Breeze Farm The Board considered a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Breeze family farm and authorizing the Chair and the Clerk to sign the agreement, subject to final review by staff and the County Attorney. Land Conservation Manager Rich Shaw said that Col. Breeze was joined by his son and son-in-law. Col. Breeze is a lifelong resident of Orange County and the property is located on the north side of Schley Road. He showed a PowerPoint with pictures of the property. Col. Breeze wants to grant a conservation easement in the total of 295 acres in two phases. This item is for the first phase of the easement. Col. Breeze has had a longstanding forest management plan for the property since the late 1940's. Phase I of the conservation easement will protect 141 acres of the property, including excellent soils and a forested stream corridor. The fair market value of the conservation easement is $540,000, which was determined by an appraisal. The purchase price for the easement is $442,800, which is 82% of the appraised value. Col. Breeze intends to donate 18% of the value ($97,200) and take advantage of federal and state tax benefits available for easement donations. The County would pay $230,710 (52% of the total purchase price) and $212,090 (48%) would be paid with a grant from the federal Farm & Ranch Land Protection Program. The Manager recommends approval of the resolution. The Chair read the resolution. RESOLUTION Approval of Agricultural Conservation Easement between Orange County and William Breeze Sr. WHEREAS, agriculture in Orange County is an important facet of the economy and time honored way of life in the County; and WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime farmland within water supply watersheds; and WHEREAS, the Breeze Farm includes approximately 141 acres in the Little River protected watershed, consists entirely of prime agricultural soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, Orange County intends to accept an agricultural conservation easement that would help to conserve the natural and scenic values of this farmland; and WHEREAS, a matching grant of $212,090 was awarded to Orange County from the federal Farm and Ranch Land Protection Program to help purchase the conservation easement; and WHEREAS, a conservation easement on this approximately 141 acres would ensure the preservation of this farmland for future generations and help to compensate the owners for this long-term commitment: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by William Breeze Sr.; 2) approve the execution of this conservation easement agreement with William Breeze Sr., in accordance with the terms of the proposed easement agreement, subject to final review by staff and the County Attorney; 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about March 28, 2008; and 4) authorize an ERCD representative to sign any and all closing documents upon consultation with the County Attorney. This the 15th day of January, 2008. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Breeze family farm and authorize the Chair and the Clerk to sign the agreement, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS Colonel Breeze said that this is a good day for the Breeze family and he is pleased to observe the support the Board of County Commissioners has given to agriculture. He said that when he first retired, he wondered about what to do and he was interested in agriculture. He is on the Soil Conservation Board and he has enjoyed it. He said that he is looking forward to a farm dedicated to N.C. State and the experiments that will take place. He said that he was very fortunate to work with Rich Shaw and ERCD. Bill Breeze (Col. Breeze's son) said that they encourage the Board of County Commissioners to continue to support farming in Orange County and they are looking into organic farming. All County Commissioners commended the Breeze family. d. Proclamation Recognizing Climate Change Awareness Day The Board considered a proclamation recognizing January 31, 2008 as Orange County Climate Change Awareness Day. Commissioner Foushee read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve a proclamation recognizing January 31, 2008 as Orange County Climate Change Awareness Day. PROCLAMATION RECOGNIZING CLIMATE CHANGE AWARENESS DAY WHEREAS, the Intergovernmental Panel on Climate Change (IPCC) concludes that many natural systems are being affected by regional climate changes, particularly temperature increases; and, WHEREAS, increasing evidence associates changes in physical and biological systems with human activities; and, WHEREAS, the potential impacts of climate change range from species extinction, to rising sea levels, to increased frequency and severity of droughts and to potentially disastrous impacts on the availability of food and water in many regions; and, WHEREAS, in 2004, the United States emitted over 7 billion metric tons of greenhouse gases, 83% of which was carbon dioxide; and, WHEREAS, it is both the responsibility and the duty of those of us living today to leave the children of the future a healthy global environment; and, WHEREAS, if we, as a community and as a nation, are to reduce the risk of large-scale, irreversible, worldwide damage due to climate change, then ambitious—and potentially costly—policy solutions must be undertaken within a very compressed time frame; NOW, THEREFORE, be it resolved that, the Orange County Board of Commissioners proclaims its support for the students of the University of North Carolina at Chapel Hill's efforts to focus the community on the issues surrounding climate change on January 31, 2008 and do hereby proclaim January 31, 2008 as Orange County Climate Change Awareness Day. Further, the Board of Commissioners encourages all residents of Orange County to actively engage in discussions or activities focusing on climate change and to take at least one proactive step to reduce their own and their family's ecological footprint, for the sake of the health and well being of future generations. This the 15t" day of January 2008. VOTE: UNANIMOUS e. Proclamation Acknowledging February as "Human Relations Month" The Board considered a proclamation recognizing the month of February as "Human Relations Month" in Orange County and authorizing the Chair to sign. Human Rights and Relations Director Shoshannah Smith introduced Bill Hendrickson, Chair of the Human Relations Commission. Bill Hendrickson reviewed the upcoming events and invited everyone to attend. On January 271h, from 2:30-5:00 at the Carrboro Century Center, there will be a kickoff event. The second event is the Pauli Murray Awards on February 24th at 2:00 p.m. at New Hope Elementary School. Commissioner Nelson read the proclamation. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve a proclamation recognizing the month of February as "Human Relations Month" in Orange County and authorize the Chair to sign. HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in Orange County; and WHEREAS, it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to freedom, justice and peace in our County; and WHEREAS, the Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote that idea through the theme: "Building Bridges: From Tolerance to Acceptance"; and WHEREAS, the Human Relations Commission honors youth leaders, individuals and businesses who exemplify the ideals of justice and equality in the tradition of Dr. Pauli Murray with an award; and WHEREAS, the Orange County Human Rights and Relations Commission and Office have diligently served the County of Orange since 1995 and are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, sexual orientation, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain equality and good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sex, sexual orientation, marital status or status with regard to public assistance; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim February 2008 as "HUMAN RELATIONS MONTH" in Orange County and challenge our residents to celebrate multiculturalism in our county by encouraging residents to embrace our diversity. THIS THE 15th DAY OF JANUARY, 2008. VOTE: UNANIMOUS 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 November 15, 19 (5:30 pm), 19 (7:30 pm) and December 3, 2007 as submitted by the Clerk to the Board. b. Appointments (1) Commission for the Environment— Reappointment The Board reappointed Matthew O'Brien to the Commission for the Environment to a first full term ending December 31, 2010. (2) Transportation Services Board — Reappointments The Board reappointed Nancy Coston to a term ending March 31, 2009; Karen Lincoln to a term ending March 31, 2010; and Jerry Passmore to a term ending March 31, 2008 to the Transportation Services Board. c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 72 requests for motor vehicle property tax release or refunds in accordance with North Carolina General Statutes. d. Motor Vehicle Property Tax Release/Refund for Mebane Transport The Board approved a refund request for motor vehicle billings for the years 2003-2006 from Mebane Transport per direction of the North Carolina Department of Revenue, Property Tax Division in the sum of $11,939.93. e. Applications for Property Tax Exemption/Exclusion The Board approved eight (8) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year. f. Resolution Creating a Special Board of Equalization and Review The Board adopted a resolution, which is incorporated by reference, to appoint a special Board of Equalization and Review, and establish the recommended level of compensation for members of the E&R board. Further, the Board directed staff to recruit applicants for the E&R Board, with appointments to be made at a future Commissioners' meeting. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to three (3) requests for property tax refund in accordance with N.C. General Statute 105-381. h. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to two (2) requests for property tax release in accordance with N.C. General Statute 105-381. i. Property Value Changes The Board adopted a resolution, which is incorporated by reference, approving value changes made in property values after the 2007 Board of Equalization and Review has adjourned. L Acceptance of 2007 Emergency Management Performance Grant (EMPG) Supplemental Funds The Board authorized the acceptance of the Supplemental Award of $7,639.31 for the 2007 Emergency Management Performance Grant from the State Emergency Management Agency, and authorized the County Manager to sign as the County representative to accept the grant pending final review by staff and the County Attorney. k. Receipt of Additional Funds from Orange County Partnership for Young Children for Child Care Health Consultant Projects The Board accepted additional funds from Orange County Partnership for Young Children for Child Care Health Consultant Projects. I. Accept Funds from Kate B. Reynolds Foundation for Support of Healthy Carolinians of Orange County The Board accepted funds for support of Health Carolinians of Orange County and authorized staff to create a grant ordinance for the management of the grant funds in the amount of $30,000 for 2008-2010. m. Orange County Small Business Loan Pool This item was removed and placed at the end of the consent agenda for separate consideration. n. Inter-local Agreement with the Town of Chapel Hill Regarding Cost Sharing of GIS Products and Services The Board approved an inter-local agreement between Orange County and the Town of Chapel Hill for the mutual purpose of obtaining Geographic Information System (GIS) products from the Town's contracted services provider, Sanborn, Inc. and authorized the Chair to sign subject to final review by staff and the County Attorney. o. Memorandum of Understanding — Partnership to End Homelessness This item was removed and placed at the end of the consent agenda for separate consideration. • Orange County Housing Bond Program Policy Amendment This item was removed and placed at the end of the consent agenda for separate consideration. • Award of Housing Bond Funds to Chrysalis Foundation The Board awarded housing bond funds in the amount of $130,000 to the Chrysalis Foundation to assist with construction costs for the Rusch Hollow Apartments and authorized the Manager in consultation with the County Attorney to enter into a Development Agreement. r. Amendments and Revision of the Orange County Personnel Ordinance: Article I, Section 6.0 and 7.0, and Article Ill, Section 3.0 The Board (1) adopted the amendments to Article 1, Section 6.0 and 7.0 of the Orange County Personnel Ordinance; (2) adopted the revision of Article III, Section 3.0 and repealed the current Article III, Section 3.0 upon adoption of the revision; (3) reviewed the Administrative Rules and Regulations: Overtime Compensation and made the changes to the Personnel Ordinance adopted by the Board effective upon the signing of the Administrative Rules and Regulations by the County Manager. s. Triangle Rural Planning Organization (TARPO) Memorandum of Understanding The Board approved the amended Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning and the Establishment of a Rural Planning Organization for jurisdictions in the Triangle Region. t. Phase II Hillsborough Area-Orange County Strategic Growth Plan: Interlocal Agreement The Board approved an addendum to the contract with Clarion Associates to include services for preparation of the Interlocal Agreement for the Town of Hillsborough/Orange County Strategic Growth Plan Phase II. u. Contract Amendment— Education Facilities Impact Fees Technical Study The Board approved an amendment to the contract Timeline (Exhibit B) of the Education Facilities Impact Fees Technical Study contract with TischlerBise, Inc. and authorized the Manager to sign. v. Fiscal Year 2007-08 Budget Amendment #6 The Board approved budget and capital project ordinance amendments for fiscal year 2007- 08. w. Annual Contributions to Outside Agencies: Target Funding Allocation and Application Evaluation Criteria This item was removed and placed at the end of the consent agenda for separate consideration. x. Award for Security Design Services, Justice Facility The Board awarded a contract for design services to Risk Management Associates, Inc. related to the physical security systems for the Orange County Justice Facility construction and expansion; and authorized the Manager to sign. • Contract Modifications: County Campus This item was removed and placed at the end of the consent agenda for separate consideration. z. Alamance County/Orange County Boundary Line Resolution This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: m. Orange County Small Business Loan Pool The Board considered approving bylaw provisions pertaining to directors for the Orange County Small Business Loan Program (revised to include Orange County Financial Services Director as the eighth voting Board Member). Chair Jacobs asked about the timetable and next steps to put this into action. Willie Best said that the next steps are to formulate the committee, then the committee will look at the applications received. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to approve bylaw provisions pertaining to directors for the Orange County Small Business Loan Program (revised to include Orange County Financial Services Director as the eighth voting Board Member). VOTE: UNANIMOUS o. Memorandum of Understanding — Partnership to End Homelessness The Board considered approving a Memorandum of Understanding with the Executive Team for the Partnership to End Homelessness and authorizing the Chair to sign pending final review and approval by the County Attorney. Commissioner Gordon said that she is generally supportive of this. She asked about the execution of this, and said that when this was discussed before, her understanding was that Orange County was going to provide overhead needs to begin with and then in subsequent years, it would be prorated with other entities. She said that she did not see this stated. Housing and Community Development Director Tara Fikes said that the overhead was combined with all other operating expenses. She said that the arrangement is for one year, and every year the costs will be assessed. All entities will share the operating expenses. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve a Memorandum of Understanding with the Executive Team for the Partnership to End Homelessness and authorize the Chair to sign, pending final review and approval by the County Attorney, with the understanding that the operating expenses will be shared by all entities. VOTE: UNANIMOUS Orange County Housing Bond Program Policy Amendment The Board considered a proposed amendment to the Orange County Housing Bond Policy to amend the definition of eligible applicants to include for-profit organizations. Commissioner Gordon said that, for the current bond program, there were statements indicating there was some difficulty in getting this money allocated when only non-profits were included. She asked if this policy was just for that bond program and Tara Fikes said yes. Commissioner Gordon said that she will go forward with this, but she is a little uneasy with for-profits being involved and if the profit would come from County dollars. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the proposed amendment to the Orange County Housing Bond Policy to amend the definition of eligible applicants to include for-profit organizations, but after the funds are expended, that projects funded under this new policy will be evaluated with respect to a) effectiveness of providing affordable housing and b) the degree, if any, the for-profit entities receive County funds and what profits they made as a result. Chair Jacobs asked about the timeframe for this recommendation. Commissioner Gordon said that it should be annually until funds are expended. VOTE: UNANIMOUS w. Annual Contributions to Outside Agencies: Target Funding Allocation and Application Evaluation Criteria The Board considered recommendations on establishing a target funding allocation for outside agencies for FY2008-09 and authorizing evaluation guidelines for applications to be received by the Human Services Advisory Commission. Commissioner Gordon said that the two questions in the evaluation criteria, "does the program funding provides benefits only to Orange County residents" and "does the program align with the County Commissioners' priorities for human services" should both be answered "yes." Assistant County Manager Gwen Harvey said that these two questions could be used as a prelude for the evaluation and as part of the screening process of the applications. Chair Jacobs said that some of those organizations such as Childcare Services and an animal rehabilitation serve more than one county and Orange County provides funding for these. He said that if the County gives them a certain amount of money, and that the priority is the program and who it serves and not so much the location. Commissioner Carey said that he was going to make the same point about multiple counties. He said that one of the objectives of helping these non-profit human service agencies is to help them improve services to the people they serve. He does not want to impose any additional overhead costs. He does not want to exclude organizations just because they serve people outside of Orange County. Chair Jacobs said that staff could probably word something that is satisfactory. This will be brought back as a policy. Commissioner Gordon said that programs funded with Orange County money should primarily benefit Orange County residents. She said that she would leave it to staff to get this point into the evaluation. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to authorize implementation of the following proposals, beginning with the FY 2008-09 budget process: 1) Draft Evaluation Criteria for Outside Agency Funding Applications (with the understanding that Commissioner Gordon's concerns will be addressed) 2) Target Funding Amount for Outside Agency Funding to be 1.2% of the County's General Fund Budget for the upcoming FY 2008-09 fiscal year. Chair Jacobs asked Gwen Harvey to give the Board a list of agencies with multi- jurisdictional funding. VOTE: UNANIMOUS Contract Modifications: County Campus The Board considered approving a resolution regarding the Agreements for Purchase and Sale of the Office Building and the Library and the Agreement for Construction Manager at Risk (CMR) Services (the "Agreements"), as modified per the Attachments. Commissioner Gordon said that her concern is that it is not known how much extra this project will cost, and some specificity was removed. She said that the cost increases may be very large and she was hoping the whole project would not go over$25 million. She said that she hopes the costs will not go over what they had expected but they already have, and she is concerned about the County's capital situation. She does not want to stop the forward process of these projects, but she hopes that all involved will try and hold the costs down, with the CMR. Commissioner Carey said that the Board shares these sentiments, but this project is needed. Chair Jacobs agreed. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the resolution regarding the Agreements for Purchase and Sale of the Office Building and the Library and the Agreement for Construction Manager at Risk Services (the "Agreements"), as modified per the Attachments. VOTE: UNANIMOUS z. Alamance County/Orange County Boundary Line Resolution The Board considered adoption of a resolution that, in conjunction with a similar resolution of the Alamance County Board of Commissioners, will petition the State of North Carolina to conduct a resurvey of the ambiguous boundary line between Orange County and Alamance County. Chair Jacobs said that he removed this item to alert people that, since 1849 there has been a boundary with Alamance County that has become less and less agreed upon. Mebane is growing further east, and Alamance County has finally approached Orange County and it is ready to draw the boundary lines. He said that there will be some issues to resolve regarding tax rates and school districts with citizens that live near the existing line. A motion was made by Chair Jacobs, seconded by Commissioner Gordon to adopt a resolution, which is incorporated by reference, which, in conjunction with a similar resolution of the Alamance County Board of Commissioners, will petition the State of North Carolina to conduct a resurvey of the ambiguous boundary line between Orange County and Alamance County. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Next Steps for Farmers' Market Based on Mediation Process The Board considered discussing the next steps relative to the administration and operation of a Farmers' Market at the Public Market House. Chair Jacobs invited all to the Annual Orange County Agricultural Summit on February 12th from 9:00 — 1:00 at the Orange Enterprises Building on Valley Forge Road. Congressman Price will be the keynote speaker. There will be an update on the shared use facility for agricultural processing and the status of the farmers' market. Chair Jacobs suggested to the Board that it regard tonight's session as an opportunity to gather information and give further direction to the staff, with the intention that on February 5th, there will be a proposal to adopt so that the Public Market House can be opened for use on March 1st. He asked that people speak in a positive manner and try not to be personal. Laura Blackmon said that on October 61h staff brought to the Board of County Commissioners guidelines to run the Public Market House and two groups in the community were interested in operating it. There was mediation involved for these two groups to resolve issues, but both groups still desire to maintain their own independence. The abstract includes the mediation report and options for the Board to consider in the background information. The two groups are in attendance to express opinions on the proposed options to be considered on February 51h Commissioner Nelson said that staff laid out three options, but there is no analysis of the costs or pros and cons of options. He said that he felt that he did not have any way to evaluate these options. He is not inclined to support option #3, but he would listen to analysis. Commissioner Carey said that the County Commissioners have been overwhelmed about this item and he shares Commissioner Nelson's observation. He was hoping that the Board would have those guidelines back to approve tonight. He feels those guidelines are a fundamental part of moving forward. He said that the objective is to hire a market manager, not a facility manager. He said that this must proceed no later than March 1st and the County Commissioners need the information as soon as possible. He said that if the Board is interested in option #3, then staff would have to sell it more to him because he does not want to add more staff. PUBLIC COMMENT: Tom Stevens, Mayor of the Town of Hillsborough, said that Hillsborough is a place that he is proud of, because of a vibrant downtown, Last Friday's, the farmers' market, etc. He said that the farmers' market has been a joy in this community. He said that he gives credit to particularly Beverly Blythe and the collective presence of all of the vendors who have participated in the last few years. He said that it is very disappointing to be asked to choose between two groups. He would like to assume that everyone involved is doing the best that they can. He wants to be careful and not ascribe to one group or the other. He is concerned that vendors are being caught in the middle. He said that he wants a very vibrant farmers' market that focuses on food, farm, and garden products, but has the variety of handmade items; that provides healthy food; that provides economic sustenance; and that creates a destination. He said that there is a larger vision that includes crafts. He would ask that the Board consider three broad criteria — ensure that there is community ownership (non-profit board); that there are established criteria; and that openness be ensured. He said that any solution should include people from the previous markets. He said that, regardless of the feelings of the other parties, the market is stronger if it is unified. There is concern that a third- party board would not have the skills, experience, or interest to conduct a viable market. He said that he is willing to step up to the plate to assist in any way possible. He said that Hillsborough wants a community-owned market and a public place that serves the greater community. He would like to call on both groups to try and work together. Mary Fox congratulated Beverly Blythe for creating an enviable farmers' market. She thinks that Beverly Blythe deserves a roof over her head. She does not want to see the farmers' market divided or destroyed. She said that Beverly Blythe deserves a lot from the community, since she has given the community a lot. Edna Ellis said that she has depended on the farmers' market for her fresh vegetables. She said that Carrboro has a farmers' market, as does Durham and Pittsboro, and she thinks that Hillsborough should keep a farmers' market. Paul Reil said that he was speaking on behalf of the Hillsborough Farmers' Market. He said that four months ago, an invitation with a logo of the farmers' market went out to the public, inviting them to the Public Market House dedication. The farmers' market has been in existence for 21 years and has been run by volunteers. He said that he would like the Public Market House to be given to the Hillsborough Farmers' Market so that it can continue to serve the community. Margaret Henderson said that she has frequented the market since she moved to this area. She brings her dog to the market and she would like the Board of County Commissioners to continue to allow pets to come to the market. She said that her dog makes friends wherever he goes, and she spends more time in downtown Hillsborough because of her dog. She thinks that dogs are an integral part of the community. Lawrence London said that he remembered the old farmers' market in Chapel Hill and people from all over participated there. He said that the origin of the Hillsborough Farmers' Market by Beverly and Wes Blythe is a prime example of traditional, grassroots, American lifestyle. He said that the products are affordable. He said that Hillsborough needs a market whose process for participation is transparent and minimally regulated. He said that vendor space should be allocated on a first-come, first-serve basis. This would eliminate the element of personal judgment of who might be allowed to participate. The market must be fair, fun, and friendly; free of ego, secrecy, or protectionism; and must have open and unbiased rules about participating. He said that the aspect of multiculturalism is real. He asked that the Board award the new Public Market House to the Hillsborough Farmers' Market on Wednesdays and Saturdays, and said that others could use it the other days. Jennie McCray said that she is new to the community and this was her first season as a vendor, and she is a baker. She said that Beverly Blythe notified her of her acceptance a couple of days before the opening weekend. She started her booth the following weekend and has only missed one Saturday so far. A few days before she was to begin, she received a call from Beverly Blythe, informing her that her application had been declined by the board with full knowledge that she had already been accepted. She was shocked. She then called Paul Reil and complained to him. After all, the application said that they were looking for bakers as new vendors. Paul was unable to give a valid reason for her acceptance to be revoked. Paul Reil called her back later that night to inform her that her acceptance to the farmers' market would be honored and that he and Beverly Blythe would take the heat for it. She said that she has been pleased with the market and she has developed a clientele. She said that she is impressed with Beverly Blythe and the management team and she has seen nothing but professional behavior from them, and they are the real ambassadors for the market. She said that she was at the meeting and she was part of the majority that voted out the board of directors. She said that everybody has a contribution to make and not just a select few. She has not seen any signs where the Hillsborough Farmers' Market has denied anyone from making any contributions. Beverly Blythe read a prepared statement, as follows: "Speaking as a member of the Hillsborough Farmers' Market Management Team, I would like to share some history with you. On March 7, 2002, a letter was written by the County Commissioners to Congressman David Price, and I quote: "The Hillsborough Farmers' Market has located in various parking lots over the past several years. The main interest of the market participants is to find a permanent location at which they can have a shelter." On February 23, 2003, I proudly stood at the podium with Congressman Price at the Grange Hall to accept, on behalf of the Hillsborough Farmers' Market, this grant in the amount of $90,000. The newspaper article reads, "This year's federal budget allocated a grant to Orange County to help local officials build a shelter for the Hillsborough Farmers' Market." Well, the vendors have been patiently waiting for this day, and we are ready. The Hillsborough Farmers' Market will begin its 21st year on March 22nd. The market has a tract record of being one of the best in the area. Each year, we grow in customers as well as in vendors. We not only provide fresh fruits and vegetables, we provide baked goods and crafts. We provide music and have special events. We also love the animals that visit our market. I have already received five new applications this year from farmers who want to sell eggs, produce, and flowers. Today she received two calls from farmers who want to join the market. After the October 91h County Commissioners' meeting, our market management team worked really hard to fulfill the draft guidelines set by the County Commissioners. We have a new application and new guidelines for our vendors, which you have received copies of. We are forming our board of directors and working with a Duke professor with 30 years' experience in assisting non-profit organizations who has volunteered to review our bylaws, which have been written, and provide training to the new board of directors. A non-profit corporation will be established to ensure continuity and longevity of this volunteer vendor- operated market. I ask that the County Commissioners not add another level of bureaucracy, but to consider the following: Approve a long-term lease for the Hillsborough Farmers' Market to use the Public Market House on Saturdays and Wednesdays in accordance with the draft guidelines presented at your October 91h meeting with the added changes made by the County Commissioners and the deletion of "no pets allowed." We, the vendors of the Hillsborough Farmers' Market, which started in 1987, are ready to occupy the Public Market House. The vendors and citizens have waited for a long time and we just can't believe that the day is here. By "we", I mean 39 vendors who have already submitted their application and paid their fee. These include 5 new applications and one from the group that has chosen to separate from us. In addition to all of those, I have 12 others who have their applications in the mail. "We" are ready to move forward, and hope that your decision tonight will make that possible." She told Mayor Stevens that they want to have a Friends of the Hillsborough Farmers' Market. Craufurd Goodwin said that he is a customer of the Hillsborough Farmers' Market and he urges the Board of County Commissioners to keep the tradition of the market. He said that the citizens of Hillsborough have a lot of respect and gratitude for what Beverly Blythe and her colleagues have done. He said that the terms the Mayor used, such as entrepreneurship, should be kept for places like the Buckhorn project. He does not want the market to be turned into a retail structure. He wants to preserve its history with character. Denise Osherhan said that she came to the market five seasons ago and is delighted with it. She was turned away by the Durham and Carrboro markets. She said that a friend recommended the Hillsborough Farmers' Market and Beverly Blythe told her to pick a spot. She has been impressed with the lack of politics and with the vendors who love being there. She said that she likes the free enterprise like the Hillsborough Farmers' Market. Kimberly Murray said that she had a greenhouse when she moved here and found out about the Hillsborough Farmers' Market and has sold for several seasons. She said that Beverly Blythe has done such a good job at growing the market from the ground up. She does not want to be involved with a market that excludes people. Noah Rannells said that he used to be a vendor at Beverly Blythe's market and he has strived to make the market a better market over the years. He said that he once was told he was the life of the market, but this year he was not called the life of the market, but the most hated vendor there. He said that he shared the camaraderie at one time. He chose to speak tonight because he feels that Orange County stands for justice, democracy, and a fair shake. He urged the Board of County Commissioners to think carefully about the decision. Ben Lloyd said that he is neither a vendor nor a patron of the farmers' market. He wants to echo Commissioner Carey's earlier remark that Orange County does not need more tax money spent on outside management. He thinks that this can be operated without involving taxpayer money. He said that this matter needs to be brought to a close because it has become a ridiculous situation. Commissioner Carey said that the Manager recommends option #3 and he asked Laura Blackmon about her perception of this option and what it means for the role of the Board of County Commissioners. Laura Blackmon said that her suggestion was, instead of choosing one of the two groups, to contract a professional farmers' market manager. This person would run the market from day to day, would be the main contact, assign spaces, assist vendors, handle fees, handle dispute settlements, clean the market, etc. She said that the vendor fees could be minimal, but enough to serve as the income for this manager. This would provide for an open market. She said that there was no resolution from the mediation. Commissioner Carey said that he has heard a lot of people mention Beverly Blythe's name in a commendable manner tonight. He said that he knows how much time she has devoted to this market, and he thanked her. He said that everyone has a vision of vibrancy for the market to preserve this character. He said that this is a public facility that the public owns and there needs to be transparency. Commissioner Foushee echoed what Commissioner Carey said and said that it is the Board of County Commissioners' responsibility to ensure that the public's interest is protected. She asked about the timeframe of March 1st and if this was enough time to get a market manager and get the market up and running. Laura Blackmon said that she thinks this could be up and running in time. There are professional managers that are interested in the market. The vendors are ready to go and they need to know where to go. Commissioner Gordon said that she would like to hear the pros and cons and if both organizations would lease space. Laura Blackmon said that two farmers' market organizations want to lease the facility, and both want Wednesdays and Saturdays. If the Board decides to let both groups have the facility on Wednesdays and Saturdays, then the groups could alternate. The pro would be that both organizations could use the facility, and the con is that negotiations would be needed. The other option is to pick only one of the markets to use the market house. Commissioner Nelson asked about option #3 and if the salary for the manager would be from fees. Laura Blackmon said that is how other markets generally operate. She clarified that the person would not be a vendor, but a manager. Commissioner Nelson asked who the point person would be if a vendor had a problem with the market manager. Laura Blackmon said that this would be up to the Board of County Commissioners. Commissioner Nelson said that these types of decisions or disagreements can be difficult and he has significant reservations with putting County staff or the Board of County Commissioners in that position. There was a similar situation at the Carrboro Farmers' Market. Chair Jacobs said that people refer to this as a community space and a community resource. He has been struck by the many heartfelt comments about the Hillsborough Farmers' Market. He said that this has been a sad spectacle, there has been a notable lack of charity, and it besmirches what was a lovely, grassroots effort to find a shelter for a farmers' market in Hillsborough. He said that he hates what he has heard and seen over the last few months, and the Board of County Commissioners never intended to have any operating interest in this facility other than to make it available for the community, but because people are unwilling to work together, the Board has been forced into this situation. He said that he has no interest in evaluating the merits of the two groups. He thinks that they all have merit and all should participate in selling things at the market. He thinks that there is room for more vendors because the Sheriff's parking lot and the parking lot behind the Link Center could be used at least on Saturdays. He said that he has talked with Mayor Stevens about this and he does not want staff in the middle of this. He said that at the beginning or as time goes by, there could be some kind of organization with a representation of vendors and neutral parties. He would hope to move expeditiously and that people would work together. He does not want this to be derailed by people that cannot get along. Commissioner Nelson said that it would be helpful for Chair Jacobs and Mayor Stevens to put a proposal together for the Board's review. Commissioner Carey said that when the plan for the construction of the facility began, the Board of County Commissioners had no intention of getting involved in the management of the market. He would suggest that the Board plan to do it for a temporary period, contracting with a group that has expertise. He would encourage the Board to think of a temporary model with a plan to change to the original plan of one farmers' market. He asked the staff to investigate the possibility of other resources to support this rather than vendor fees. He wants to get moving on this process as soon as possible. Chair Jacobs said that there is some indication that there might be other funding available. Commissioner Gordon said that she would like to see the criteria that will be used to evaluate the options. Commissioner Carey said that another suggestion would be for a temporary advisory group to run it. No action was taken. b. Landfill Gas Recovery Process Options The Board considered follow-up on the December 11, 2007 Board of Commissioners meeting regarding direction to staff to meet with University of North Carolina staff to negotiate a Memorandum of Understanding for the purpose of development of a gas recovery project at the Orange County Landfill and authorizing the Chair to sign the memorandum. Laura Blackmon said that this is the MOU that was the conclusion of the Board's meeting on December 111h. Staff did meet with UNC and UNC wants to do some due diligence, and in 90 days a written agreement will come before the Board. Commissioner Nelson said that the UNC project seems even "iffier" than before and there is no certainty that UNC is even going to do this. Laura Blackmon agreed. Commissioner Nelson said that he has concerns that, even if this gets to the 90 days, it will take a long time to get this up and running. He suggested going ahead and putting out the RFPs to see what comes out of that. PUBLIC COMMENT: Marty Hanks said that he is in the construction industry and he is looking to create viable solutions and build advanced, green, alternative facilities. He said that he and a friend put together a sustainable business model and it is in UNC's MBA program. This could be facilitated on the Orange County landfill. This model is in its second development stage at the business school. One of the proposals is to create a kind of co-op based facility. He asked the Board to let the community have a say and see what is really out there. Chair Jacobs asked if the County issued an RFP, how would someone like Marty Hanks know about it. Marty Hanks said that he would start with the state energy office. Ray Dubose, Instructor for Energy Services with UNC, said that he works for Carolyn Elfland, who asked him to thank the County Commissioners for supporting the proposal by staff to give UNC 90 days to do due diligence. He said that they really need this in order to apply University funds to this project. There is a lot of work to be done in a very short period of time. He said that they need some green light from Orange County to wait 90 days for them to process this. He said that if the County did a parallel process, UNC may not be able to proceed with this. Commissioner Nelson made reference to the second bullet on page 4, which reads, "This is an exclusive relationship and neither the University nor the County will enter into a conflicting agreement to develop an energy program based on the County's landfill gas prior to the expiration of the 90-day term discussed herein." He said that the way he reads this is that it would not preclude the County from developing RFPs and advertising. Laura Blackmon said that she would agree with this. She said that the County could prepare itself and not make any commitment. Commissioner Nelson said that he would be comfortable in saying that the proposals would not be open until after the 90 days. Geof Gledhill said that he agreed that the language written says that this is an exclusive relationship and neither the University nor the County will enter into a conflicting agreement prior to the expiration of the 90 days. He does not think the language precludes the County from finding out what else is available. Commissioner Gordon said that the staff came forward with a recommendation to solicit RFPs, and then the University expressed interest in working with the County, so the Board told staff to do that. At that point, she thinks that the County Commissioners told the University that there would be an exclusive relationship for a finite period of time. Laura Blackmon said that there is no guarantee to begin with that the County will want to enter into an agreement after 90 days anyway. Commissioner Gordon said that she shares Commissioner Nelson's concerns about the emissions, and she asked for clarification of what was promised. Chair Jacobs asked if the Board wanted to meet past 10:30 p.m., and the Board agreed to defer item 6-c until February 51h Laura Blackmon said that the University asked for 90 days to do due diligence on December 111h, and the Board of County Commissioners agreed for staff to meet with UNC representatives to look at the possibility of a memorandum of understanding, with the idea that an agreement would be brought forth at the end of the 90 days. She does not feel like there was a commitment for exclusivity. Commissioner Carey said that he knew that when the County Commissioners made the decision to work with the University for 90 days that there was an element of risk, but there is also an element of good faith. He does not want to issue any RFP's now, but maybe later. He wants to give the University the chance. Laura Blackmon said that they could ask the University every 30 days for a status report, and after 90 days, if they need more time, the Board of County Commissioners would weigh in then. Chair Jacobs verified that any information that the University collects would be public. He said that the County Commissioners need to keep their options open, but he agrees with Commissioner Gordon and Commissioner Carey to stay the course with the University, with the understanding that the County is taking a risk. He would want staff to be ready with RFPs on the 91st day, just in case it does not work out. Commissioner Foushee said that she would want to see within the MOU that the 30- day status reports are included. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a Memorandum of Understanding with UNC, with 30-day status reports, for the purpose of development of a landfill gas recovery project at the Orange County Landfill and authorize the Chair to sign the memorandum. Commissioner Gordon said that when the economic feasibility is applied, that it should specify if there is any involvement of third parties and both the County and UNC should agree to a third party. Laura Blackmon said that this was discussed, and she thought it was included. If not, then it could be added. The Board agreed to this friendly amendment to the motion. Ray Dubose said that this was discussed at one of the meetings, and UNC does not like that phrase to exclude third parties in this particular document. He said that the document needs to be general, and the University needs the opportunity to explore a third party if needed. Chair Jacobs said that the County Commissioners do not want a situation where the University is subcontracted with a third party without the County's consent. Ray Dubose said that this is not the intent. There was agreement. Gwen Harvey said that the interest is in keeping the flexibility within the MOU, given that the Board and the University would both be deciding on anything that is particular in the final agreement. Commissioner Nelson made reference to carbon credits and said that these should be credited to Orange County because the County has a fiduciary responsibility to its citizens to maximize the profit out of this. He wants to take a hard approach in dealing with the University on this because this is real money and he does not want to give it away. This can be perfected in the final agreement. VOTE: UNANIMOUS c. The Bluffs at Moorefields — Preliminary Plan The Board was to receive Administration and Planning Board recommendations on and consider approval for the Preliminary Plan for the Bluffs at Moorefields Subdivision. DEFERRED 7. Reports-NONE 8. Board Comments Chair Jacobs congratulated Assistant County Manager Gwen Harvey for becoming a credentialed manager and David Hunt for receiving the Helping Hand Award from the Orange- Hillsborough Chamber of Commerce. 9. County Manager's Report None 10. Appointments a. Commission for Women — New Appointments The Board was to consider making new appointments to the Commission for Women. DEFERRED b. Local Revenue Options Education Advisory Committee The Board was to consider making appointments to the Local Revenue Options Education Advisory Committee. DEFERRED c. Transportation Services Board — New Appointments The Board was to consider making new appointments to the Transportation Services Board. DEFERRED 11. Information Items-NONE 12. Closed Session DEFERRED UNTIL January 16th work session 13. Adjournment A motion was made by Commissioner Carey, seconded by Commissioner Gordon to adjourn the meeting at 10:42 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board Orange County water supply reservoir water levels Available information as of 4:00 PM, Thursday, January 10, 2008 Lake Orange • Water level has risen to a level 78.0" below spilling, and, as of January 81h, the Eno Capacity Use restrictions have been revised upward to Stage IV withdrawals and instream flow releases • Water storage capacity remaining is 45.3% (215 million gallons) • Approximately 80 days of water supply remaining (at Capacity Use specified release rate) • The Hillsborough gage indicates that recent Eno River flows have varied between 2.0 and 150.0 cfs (approximately 1.3 to 97 mgd). Instream flow has varied from well above to well below the median flow levels for this time of year. • Orange Alamance continues to operate its water plant with average withdrawals of 300,000 gallons per day, each Monday, Tuesday and Wednesday. West Fork Reservoir (as of 01/09/2008) • Water level is 89" below spilling • Water storage capacity remaining is 53.4% • Approximately 203 days of water supply remaining (assuming Town's current release rate (2.0 cfs, 1.3 mgd). • Since 9/11/07, the Town has been releasing a level of flow into the river 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 (as of shown for 01/10/2008) • Water level at Cane Creek Reservoir is 14'-3"" below full • Water level at University Lake is 6'-8" below full • Total remaining water storage capacity is approximately 42.8 % • Approximately 235 days of water supply remaining (at current 30-day average daily demand [6.5 million gallons per day]) • On October 18, 2007 OWASA and the local governments having civil jurisdiction over OWASA customers implemented OWASA's Stage II Water Shortage restrictions. • National Weather Service/NOAA Regional Precipitation data (as of 1/9/2008) (inches above [+] or below [-] normal) RDU Piedmont-Triad -1.12" since January 1, 2008 -0.99" since January 1, 2008 Miscellaneous notes 1. Please note that the rainfall deficits noted above show only deficits from January 2008, and do not reflect deficits that remained at the end of 2006 and 2007. USGS ground water specialists and hydrogeologists recently speculated 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 January 10, 2008, indicates that the entirety of Orange County lies within the area characterized as experiencing "exceptional drought" (the most severe drought classification used). 3. Given that: 1) Orange Alamance's withdrawals are now averaging well below historical levels (averaging 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.