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HomeMy WebLinkAboutMinutes - 20090407 APPROVED 8/18/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 7, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 7, 2009 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Pam Hemminger 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 Foushee went through the items at the County Commissioners' places: - Document labeled "science curriculum" is in reference to item 3-a, Orange County Schools Presentation — C. W. Stanford Middle School Eco-Classroom Project - Reference sheet for item 6-c (canary-colored), Divestiture of County Properties - Reference sheet for item 4-c (blue), Resolution Prescribing County Appointments to the OPC Area Authority Board - Reference sheet for item 10-b (magenta), Orange County Board of Adjustment— New Appointment - Revision to item 4-g (white), Authorization to Sell Certain Surplus Property by Private Sale - Water level report (aqua) - Jordan Lake Watershed Map for item 5-a, Orange County's Proposed Legislative Agenda - Reference sheets for item 5-a (orange and tan) - Waste Transfer Station Costs and Alternatives handout PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Susan Walser with Orange County Voice said that she and four others would like to speak. She asked the Chair to set the timer for 15 minutes and they would all speak during this time. Chair Foushee said that they would each have three minutes. Susan Walser said that they were here to talk about the waste transfer station alternatives. She distributed a PowerPoint handout. She said that they have attended four SWAB meetings and made presentations about alternative options. They have found inconsistencies in the Olver report and the staff report. Waste Transfer Station Costs and Alternatives Report to the Orange County Board of County Commissioners April 7, 2009 Orange County Voice Highlights of Our Discussion - OCV has attended SWAB meetings and followed their discussions and reports - OCV has found inconsistencies and inaccuracies in the County and Olver reports - It doesn't appear that what OCV has learned from experts and discovered in the reports will be conveyed to the BOCC - Members of OCV will discuss facets of these inconsistencies and inaccuracies which include: o Jurisdictional Wetlands o Costs o Endangered Species o Hidden Costs o Alternatives Wetlands found on the Howell Site - Contrary to reports from the County and Olver, there are wetlands on the proposed site for the WTS —that were not disclosed in the EA. - It appears that the County has started a wetlands delineation for the area. - Only the ACOE or EPA can confirm that there are Jurisdictional Wetlands on a site. This process requires permit filing and can take 8-12 months. - Minimally, the County will require 2-3 months of additional survey work to determine whether it can site a WTS without impinging on the wetlands. Wetlands Identification and Mitigation - The County and Olver reviews of the Howell property for water features and wetlands are lacking in correct data and features were not sufficiently noted in the EA. - Based upon evidence and photos, wetlands exist that must be delineated by a wetlands expert and verified by the Army Corp. of Engineers or the EPA. That process is lengthy. - County has begun delineation — so OCV and County now agree that wetlands are on site. - Wetlands and associated buffers need to be taken into account in the site design and costs of the Waste Transfer Station. - The time and expense of delineation can be costly. - If delineation and permitted are not done, fines can be imposed on the County. - Mitigation may also be needed. Prior Correspondence with Staff and Board - Non-Permitted WTS Site Road Construction via email letter February 26, 2008 - Wetlands, Vernal Pools, and Streams on WTS Site via email letter March 3, 2009 Mike Hughes continued the presentation. He said that he sent emails to Board of County Commissioners with pictures of a non-permitted WTS construction site. He went over his resume and career. He said that the improvements to NC 54 for the WTS would actually cost $150,000-200,000, as would the engineering and infrastructure. What is the NC Natural Heritage Program - Part of the Department of Environment and Natural Resources - Inventories and maintains databases on significant natural areas including rare species and natural communities across the state - Works with County planners and a wide variety of public and private landowners to secure protection Why is the EA flawed in terms of rare species and natural community analysis? - The EA cites a 21-year old natural areas inventory (1988) as its only scientific basis of rare species and natural area locations - NHP in coordination with the Orange County Environment and Resource Conservation Department updated this inventory in March of 2005 - The NHP database was not consulted for up to date rare species and natural area information - The EA therefore does not address the Haw River Significant Aquatic Habitat and its rare species and may have omitted additional information NHP RECOMMENDATIONS - NHP submitted comments (3/18/09) on the WTS EA through the state clearinghouse indicating the need to assess and avoid/minimize impacts to rare species populations and significant aquatic habitats. Other agency (WRC and FWS) recommendations are pending. - The proposed WTS site is just upstream of a Federal Species of Concern mussel population (the Brook Floater) and the Nationally Significant Haw River Aquatic Habitat (including the lower reaches of Collins Creek) which supports a Federally Listed species and other rare species. - They have also recommended further inventory prior to site development. WTS Costs and Alternatives Building a WTS Olver estimates $5 million to build a WTS at the Howell Forest— considerably lower than estimates by the County and OCV - County estimates of $5-7 million plus land (based on 2006 estimates for Eubanks Road facility) - New estimates ignore priorities and cut essential features o County to condemn 25 acres for$375,000 (no `willing seller') o Facility downsized to single-bay— eliminating important features • No recycling recovery • No educational resources o Building and infrastructure costs underestimated o No estimates for environmental mediation Olver report appears to distort hauling estimates (off route costs) - Volumes do not reconcile to County reports and appear high - Travel distances are suspicious (e.g. Chapel Hill 8 miles vs. Carrboro 8.7 miles to Bingham site) - Truck speeds and staff loads not adjusted for longer runs to Bingham or vendor transfer stations - Routes not adapted for new sites - Others Despite errors, Hillsborough always saves money by using Durham WTS; with corrections, vendors would become favorable. WTS Costs and Alternatives Conclusions OCV agrees with SWAB and others — a WTS near town is the best option - Orange County should build a WTS in a suitable location o Water, sewer, road infrastructure, highway and rail o Near where the waste is generated - Additional concern about fragmenting SW operations o Recycling, C&D landfill, and others will remain at Eubanks o $50 million+ investment in SW operations on/near Eubanks - Bingham doesn't work o Lacks essential features and infrastructure o Fragments solid waste operations o Expensive to build and use o Environmental risks - Eubanks Road is not an option WTS Costs and Alternatives Summary It's time to stop work on the Howell site and find a site close to town with infrastructure - Stop work on Howell site o Expensive to build and use o Good money after bad o Unexpected costs and delays will continue - Find a better site and use vendors on an interim basis, if needed - Dismiss shortsighted alternatives o WTS without recycling recovery or education resources o Site that fragments operations o Temporary facility on Eubanks or elsewhere Commissioner Gordon arrived at 7:17 PM. Bonnie Hauser continued with the presentation, as shown above. Marty Hansen said that the Howell site was unsuitable for the waste transfer site. He said that it should be located in a commercial industrial area near water, near sewer, near the waste centroid, etc. Rev. Robert Campbell spoke on behalf of the Rogers Road community and said that the community wants to once more make clear the position. He said that he has read that discussion has taken place about a temporary waste transfer station on the existing landfill property or adjacent to it on Mil!house Road. He said that the community wants to keep the Eubanks Road location off the table. He read a portion of the Federal Civil Rights Act of 1964. He said that siting the waste transfer station at the Howell property is also without merits. He said that they intend to keep this in the public arena and to enforce their position if necessary. Lucian Mascarella spoke about the revaluations and how they should be changed. Commissioner Jacobs asked about the timeline for the WTS process. Laura Blackmon said that on April 21st the staff will be coming back to the Board with an update about the waste transfer station process. 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. Orange County Schools Presentation — C.W. Stanford Middle School Eco- Classroom Project The Board received a presentation from Orange County Schools (OCS) Superintendent Patrick Rhodes, OCS Board member Debbie Piscitelli, Principal Anne Purcell and Teacher Eric McDuffie regarding the C.W. Stanford Middle School Eco-Classroom Project. Orange County Schools Superintendent Patrick Rhodes made this presentation. This is an outstanding educational project. CW Stanford Middle School Principal Anne Purcell said that this began as an idea from a teacher. This has grown into a project that incorporates Orange High School and CW Stanford. Gail Hughes from Orange County Soil and Water Conservation spoke about the details of how this outdoor classroom project began. Through this project, the stormwater would be recycled and used for irrigation water. At this time, the school system is paying the Town of Hillsborough thousands of dollars for irrigation water. Eric Mr. McDuffie, one of the 8th grade science teachers at Stanford, said that there is a huge piece of greenway between the two schools and this project could be a huge asset to the students. He encouraged the Board to approve this and said that this could be a good model for future schools. Debbie Piscitelli, Chair of the Science Committee, PTSA, said that her involvement is as a parent and a school board member. Her son attends CW Stanford. She pointed out that the whole campus would be the outdoor classroom. She said that they would like a letter of support from the Board of County Commissioners to the Clean Water Trust Fund, but if that does not work out, then a future letter to wherever they commit to. Commissioner Gordon verified that no money is being requested, but only a letter of support for this program. A motion was made by Commissioner Pelisse, seconded by Commissioner Nelson write a letter of support to the North Carolina Clean Water Trust Fund for the Stanford Middle School Innovative Storm water Retrofit Project. VOTE: UNANIMOUS b. Appointment and Terms of Appointment of John Roberts as Orange County Attorney The Board considered appointing John Roberts to the position of Orange County Attorney effective April 23, 2009 and confirming the terms of the appointment. Chair Foushee said that the County Commissioners have completed the search process and John Roberts is the right person to succeed Geof Gledhill. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve the resolution as shown below appointing John Roberts to the position of Orange County Attorney effective April 23, 2009 and to confirm the terms of the appointment. NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS, N.C. Gen. Stat. § 153A-114 provides the Board of Commissioners shall appoint a county attorney to serve at its pleasure and to be its legal advisor; and WHEREAS, G.S. § 153A-25 provides the Board of Commissioners may fix qualifications for any appointive office, including a requirement that a person serving in such office reside within the county; and WHEREAS, N.C. Gen. Stat. §§ 153A-92 and 153A-93 provide the Board of County Commissioners shall fix or approve the pay, expense allowances, and other compensation of all county officers and employees, whether elected or appointed and may provide for enrolling county officers and employees in the Local Government Employees' Retirement System or other retirement plan and may make payments into such retirement system or plan on behalf of its officers and employees. NOW, THEREFORE, BE IT RESOLVED that: 1. John Roberts is appointed Orange County Attorney effective April 23, 2009. Mr. Roberts shall be an Orange County employee and serve at the pleasure of the Board of County Commissioners as provided by law. 2. In consideration of the public service provided to Orange County by Mr. Roberts, pursuant to N.C. Gen. Stat. §§ 153A-25, 153A-92 and 153A-93, Mr. Roberts will receive the following compensation and other consideration: a. an annual salary of $115,000.00 payable on the same schedule as other County employees. b. From the date of his appointment, Mr. Roberts will be eligible for employee benefits including: • disability, health, life, medical and dental insurance paid by the County on behalf of Mr. Roberts. Any such coverage available to the family members of full time, permanent County employees shall be made available to the family members of Mr. Roberts in the same manner and with the same cost sharing and as amended from time to time, as with all other full time, permanent County employees. The disability, health, life, medical and dental insurance coverage will be provided effective May 1, 2009, the first day of the first month following Mr. Roberts' employment with the County. • Mr. Roberts now participates in the North Carolina Local Government Employees' Retirement System. His participation in that retirement system will continue with the County matching the contributions of Mr. Roberts as with all other full time, permanent County employees. • Mr. Roberts may participate in either or both of the County's 457 and 401(k) plans. The County will make a contribution on behalf of Mr. Roberts to the County's 401(k) plan according to the County's adopted formula for all other full time, permanent County employees and as that formula is amended from time to time. • Mr. Roberts will be covered by the Family and Medical Leave Act, workers' compensation insurance and any other similar benefit offered by the County to the Clerk to the Board of Commissioners and the County Manager. • A County-owned laptop computer and a County-owned cellular telephone will be made available to Mr. Roberts, at Orange County expense, for Mr. Roberts' use for County business. • The County will pay for expenses related to Mr. Roberts' continuing professional development. Professional development includes attending national or State conferences, seminars, and/or continuing legal education. The County also will pay for professional memberships for Mr. Roberts in such organizations as approved by the Board and Mr. Roberts. The County will pay or reimburse Mr. Roberts' expenses of registration, travel, meals and lodging in association with professional development and professional membership conferences and meetings. The amount paid by the County for professional development, professional membership and related expenses shall be no more than that approved for those purposes annually in the County budget. • Mr. Roberts will be credited with 5 days vacation leave at his appointment and will accrue annual vacation and sick leave at the same rate as other full time, permanent County employees; he will be eligible to take the same paid holidays as other full time, permanent County employees. 3. Mr. Roberts must relocate to Orange County and become a resident of Orange County within 9 months of his appointment. This relocation deadline may be extended for up to 3 months upon approval by the Board, in recognition that Mr. Roberts has made and continues to make reasonable efforts towards relocation and has provided evidence satisfactory to the Board of these efforts. The County will reimburse Mr. Roberts for reasonable, actual, out-of- pocket expenses associated with his relocation, in an amount not to exceed $5,000.00. These expenses include packing, moving, storage, insurance, unpacking and temporary housing if necessary. Mr. Roberts agrees to obtain quotes from recognized moving companies in order to relocate to Orange County and agrees to select the lowest responsible and responsive proposal for the relocation services. 4. Within the first 30 days after Mr. Roberts' appointment, the Board of Commissioners will meet with Mr. Roberts in order to discuss and adopt a performance plan of priorities, goals and objectives for the first 12 months after his appointment for him and the office of the County Attorney. This meeting will be facilitated by The Mercer Group. The Board will meet with Mr. Roberts and conduct a first performance review within 6 months after the date of his appointment. This review may occur at an earlier time or a later time, not more than 9 months after the date of Mr. Roberts' appointment, at the Board's election. Mr. Roberts' salary will be subject to review and merit consideration no later than his appointment first anniversary and annually thereafter. As part of the annual performance review the Board and Mr. Roberts will discuss and update the performance plan and the annual compensation paid to Mr. Roberts. 5. If the Board terminates the at will appointment of Mr. Roberts as County Attorney within 6 months of his initial appointment or within 9 months if the Board elects to delay the first performance review with Mr. Roberts beyond 6 months, Mr. Roberts will receive no termination or severance compensation. His compensation and benefits will, upon such termination, be paid and terminated in the manner as all other full time, permanent County employees. 6. In the event the Board terminates the at will appointment of Mr. Roberts, other than as provided in paragraph number 5, for reasons other than personal misconduct as defined in the Orange County Personnel Ordinance, Mr. Roberts will receive a lump sum payment equal to 4 months of his then current annual salary plus an amount equal to the value of accrued leave (but not sick leave) at the time of the termination. 7. Mr. Roberts will provide Orange County with 45 days' notice of his intent to resign should he decide to do so. Mr. Roberts will receive no termination or severance compensation should he resign. His compensation and benefits will, upon his resignation, be paid and terminated in the manner as all other full time, permanent County employees. 8. The County has a policy, Policy Number 0470, providing generally for the defense of and indemnification of County employees. A copy of Policy Number 0470 is attached hereto and incorporated herein by reference. The County has comprehensive general liability and public official errors and omissions insurance coverage. The County's liability and public official errors and omissions insurance coverage includes coverage for the County Attorney as provided in those insurance policies. VOTE: UNANIMOUS c. Distinguished Budget Presentation Award The Board recognized the staff of the Orange County Budget Office for earning the Government Finance Officers' Association Distinguished Budget Presentation Award for the 2008-2009 fiscal year budget document. Budget Director Donna Coffey introduced her staff, Budget Analysts Paul Laughton and Tonya Walton and Technician Allison Chambers. Laura Blackmon said that this presentation is the highest award and this is the 17th year that the budget staff has been awarded this award. 4. Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: Chair Foushee reminded the Board that there was additional information on items 4-c and 4-g. a. Minutes The Board approved the minutes from the February 12, 17 and 19, 2009 meetings as submitted by the Clerk to the Board. b. Appointments (1) Adult Care Home Community Advisory Committee — Reappointments The Board reappointed Peggy Cohn to a second full term ending March 30, 2011; Jerry Gregory to a third term ending March 31, 2011; and Anita Thompson to a first term ending March 31, 2011. (2) Sportsplex Community Advisory Committee — Reappointment The Board reappointed Will Atherton to a first full term ending September 30, 2010 to the Sportsplex Community Advisory Committee. c. Resolution Prescribing County Appointments to the OPC Area Authority Board The Board approved a proposed resolution, which is incorporated by reference that prescribes the manner in which the members of the Area Authority Board of the Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority shall be appointed. d. Public Safety Telecommunications Week The Board approved proclaiming the week of April 12 through 18, 2009 as Public Safety Telecommunications Week in Orange County and authorized the Chair to sign. e. Naming of Cedar Grove Park The Board adopted a resolution, which is incorporated by reference, to officially name the new County Park on NC 86 North as Cedar Grove Park, consistent with the naming policy, Manager and advisory board recommendations, and citizen feedback, and authorized the Chair to sign the resolution. f. Orange County Speedway 2009 EMS Coverage Contract The Board approved a contract with Orange County Speedway Management for the provision of Emergency Medical coverage at public events and authorized the Chair to sign. Authorization to Sell Certain Surplus Property by Private Sale The Board declared the Andela Products Glass Crusher model GP-05 surplus; and adopted the resolution authorizing the Director of Purchasing and Central Services to conduct an auction to dispose of the Glass Crusher through negotiated private sale; and authorized the Clerk to publish a notice summarizing the Resolution pursuant to G.S. 160A-267. h. Authorization of Time-Limited Staff at Social Services This item was removed and placed at the end of the consent agenda for separate consideration. i. Impact Fee Reimbursement— Orange Community Housing and Land Trust The Board approved an impact fee reimbursement request from Orange Community Housing and Land Trust in the amount of $4,407 for a recently built home in Carrboro. L Development Agreement Amendment— OCHLT/EmPOWERment The Board approved an amendment to the Development Agreement between Orange County and Orange Community Housing and Land Trust and EmPOWERment, Inc. dated October 25, 2004 for homes built in the Northside neighborhood in the Town of Chapel Hill and authorized the Manager to execute the amendment upon approval of the County Attorney. k. Development Agreement Amendment— Habitat for Humanity, Inc. The Board approved an amendment to the Development Agreement between Orange County and Habitat for Humanity of Orange County, NC, Inc. dated February 24, 2003 to revise the completion date from December 31, 2010 to December 31, 2015 for the acquisition and development of property on Sunrise Road in Chapel Hill and authorized the Manager to execute the amendment upon approval of the County Attorney. I. Bid Award: Data and Telephone Wiring Project, Orange County Office Building The Board awarded bid #1568 to Integrated Communication Services of Raleigh, NC at a not to exceed cost of $80,440 to furnish and install data and telephone connectivity wiring at the new Office Building; and authorized the Purchasing Director to execute the necessary paperwork. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: h. Authorization of Time-Limited Staff at Social Services The Board considered establishing two time-limited income maintenance positions utilizing stimulus funds to assist with the increased workload in Food and Nutrition Services and extending time-limited positions employed through the Work First Demonstration Grant dependent on receiving funds to support these positions. Commissioner Yuhasz said that this item talks about time-limited positions and full- time positions and they are in the budget as permanent full-time positions. He wants to distinguish between permanent full-time and time-limited full-time. He asked that this differentiation be made. Commissioner Jacobs said that he shares this concern. Commissioner Pelissier also agreed. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to authorize the creation of two Income Maintenance Caseworker I positions through September 2010 upon receipt of a funding authorization for the costs, and that the Board extend the four time-limited positions in the Work First Demonstration project through June 30, 2010 dependent on receiving funds to support these positions. VOTE: UNANIMOUS 5. Public Hearings a. Orange County's Proposed 2009 Legislative Agenda The Board held a public hearing on Orange County's potential legislative items for the 2009 North Carolina General Assembly Session, reviewed and discussed potential items for inclusion, and considered three to five specific items to highlight for priority. Commissioner Jacobs said that there was discussion about meeting one more time to talk about some federal rules and the staff will be polled about this item before they meet. PUBLIC COMMENT: Kathy Buck distributed a letter to the Board of County Commissioners from the Haw River Assembly (shown below). "Dear Chairwoman Foushee, and Members of the Orange County Board of Commissioners: The Haw River Assembly was formed in 1982 by citizens who had worked with a broad coalition to stop the damming of the Haw River by the Army Corps of Engineers, to build Jordan Lake. Twenty-seven years later, we now find ourselves in the difficult position of advocating rules to clean up the water quality in Jordan Lake to local governments that never wanted to see it built. We understand the concerns of Orange County that it has been proactive in protecting the environment and water quality, and believing that they are being asked to bear an unfair and costly burden to reduce nutrient pollution in Jordan Lake. But we believe that there is good information that supports the passage of the Jordan Lake rules that has not been adequately heard, and I'd like to share that with you. Cost estimates for the Existing Development Rule have been inflated: The estimates being used by opponents of the current rules are greatly exaggerated. High cost projections by Durham and Greensboro have been based on two very arbitrary calculations: 1. Using the cost of the most expensive solutions for existing development, such as buying land in urban areas for large retention ponds, instead of lower cost alternatives such as rain gardens, rainwater capture, or new ordinances that would reduce the use of fertilizer on public land or a "scoop the poop" ordinance for pet walking. Clearly, a local government would create plans to reduce nutrient pollution that uses the most inexpensive stormwater practices, and ones that would enhance the water quality in the local creeks. 2. Using a timeline of 20 years to reach the reduction targets —when in reality, the rules have NO final deadline for total reductions. The rules assume that half the nutrient load target that needs to be achieved will be done in the first 10 years. There is no end date for the total reductions. In addition, local governments can receive credits for documented BMP's and storm water practices put in place after the base period of 2001. Impacts of the Jordan Lake rules on Orange County Under the Jordan Lake rules, Orange County would need to meet the 5% reduction goal for phosphorus loading. The nitrogen reduction target is 8% for streams that drain to the Haw River, including tributaries of Back Creek, Haw Creek, Cane Creek, Collins Creek, and Terrells Creek. The nitrogen reduction target is 35% for streams that drain to Jordan Lake, such as the upper reaches of New Hope and Morgan Creek in Orange County. There is much land in Orange County that is agricultural or forested and would not be part of the Existing Development rule, where the primary cost of implementation would occur for the rules. (There is a separate section of the rule that applies to agriculture, similar to the Best Management Practices for nutrient reductions long in place in the Neuse and Tar-Pamlico river basins. Forests are not covered, as they are a `background' or naturally occurring source of nutrients). Orange County, along with many other local governments in the watershed, already have riparian buffers in place more stringent than the state minimums proposed, and already enforced by the county. Nutrient Trading: We agree with David Stancil's opinion (Jordan Lake Nutrient Management Rules — Position Statement' March 30, 2009) that there are very promising possibilities for Orange County to engage in nutrient trading with urban jurisdictions that part of the Upper new hope arm of Jordan Lake, through conservation and wetland projects in the Rural Buffer. As he points out, these trades would only happen if the Existing Development rule remains part of the Jordan Lake rules. Wastewater treatment plants: OWASA will be required to meet the 35% reduction for nitrogen because the waste water treatment plan discharges to Morgan Creek, in the most impaired part of Jordan Lake. The costs associated with waste water treatment plant upgrades are often mistakenly cited as a result of these rules. These upgrades will be necessary even without the Jordan Lake rules as the result of a 1997 state law (the Clean Water Responsibility Act) that mandated upgrades by 2011. The Jordan Lake rules move the compliance date to 2014. The U. S. Clean Water Act - and the EPA TMDL for Jordan Lake: The model and monitoring methods for determining the impairment of Jordan Lake (excessive algae growth caused by nutrient loading from all land uses in the Haw River basin) was approved by the EPA. The EPA has also improved the Total Maximum Daily Load for the Jordan Lake nutrient reductions as required under the Clean Water Act. If any section of the current rules to reduce nutrients (such as the Existing Development rule) is not passed by the General Assembly, the state will have to find other ways to achieve those reductions. Would those reductions come from even greater removal of nutrients from waste water, or from more stringent new development rules, or from agriculture? Possible New Funding Sources: New `green infrastructure' funding may be available to local governments covered by the Jordan Lake Rules. This could include federal stimulus monies in NC directed to these jurisdictions, and state programs such as the Community Conservation Assistance Program (CCAP) that provide financial assistance for urban stormwater retrofits Local Benefits to Orange County: - Restore the health of all the streams in the watershed by reducing stormwater pollution. Currently only streams that flow to the Cane Creek and University Lake watersheds, or to the Eno River have enhanced protections in Orange County for construction and post-construction impacts. The Jordan Lake rules could give the remaining creeks in Orange County better protection too. This means cleaner creeks in our neighborhoods that are safe to enjoy. - Provide faster recharge of groundwater, by using retrofit methods that slow down stormwater in urban areas and capturing of rainwater in cisterns and other methods to use during droughts. This could prove to be a very important benefit when the next severe drought comes to the Piedmont. - Provide new local green jobs to the individuals who will be performing retrofits of new and existing development, and upgrades at wastewater treatment plants. These jobs can't be outsourced. Protecting Water for Those Downstream Jordan Lake cannot become healthy again unless local governments take steps to reduce the existing sources of nutrient pollution. If we want to see the Lake meet water quality standards we need to reduce the pollution (and velocity) in runoff from the older parts of towns and cities, and subdivisions built before we understood how to better protect water quality. Jordan Lake is a very important resource in North Carolina — used by downstream neighbors for drinking water, and for recreation and nature enthusiasts from all over the state — including many residents of Orange County. Ultimately, we all live downstream, and we all hope our upstream neighbors will protect our waters. The Haw River Assembly urges the members of the Orange County Board of Commissioners to adopt a resolution to the General Assembly that supports the rules passed by the EMC to protect Jordan Lake. Your support now will mean that the rules that emerge from the General Assembly will have a better chance of being strong enough to be effective in cleaning up Jordan Lake. Thank you for your consideration of this important issue. Sincerely, Elaine Chiosso Haw RIVERKEEPER www.hawriver.org" Wanda Sandermann echoed what Kathy Buck said. She said that if we are going to teach children best practices, then the adults should use them as well. Commissioner Yuhasz referred to the first item —Revenue Options for Local Governments - and said that he has a problem with the legislature telling them what to do and he is opposed to that item in the legislative agenda. Commissioner Yuhasz made reference to #4, school construction, and he said it is a good idea to ask for school assistance in reducing class size. He asked how this would be done. Commissioner Jacobs said that there was a proposal in the last legislature to have a bond for school construction. Commissioner Yuhasz said that he does not want state contributions to be limited. Commissioner Yuhasz made reference to item #28- Outdoor Advertising Vegetation Removal - and said that he does not know where this is coming from. This suggests that there be legal outdoor advertising signs and that the NCDOT should be allowed to maintain the vegetation in order for them to stay visible. He does not think this is a good solution. Commissioner Pelissier made reference to item #33 on page 21. She said that she has no idea what Senate Bill 951 is regarding solid waste services. Commissioner Jacobs said that the bill in 2006 tried to impose on counties a cost related to solid waste collection and this adversely affected the private hauler. This was making counties pay for what the hauler perceived as damage to the business. Commissioner Jacobs made reference to item #28 about the Outdoor Advertising Vegetation Removal and said that the operative wording was "expand the opportunities for additional vegetation removal." This addressed Commissioner Yuhasz's concerns. Commissioner Nelson said that he strongly agrees with the comments made by the speakers about the Jordan Lake rules. He thinks that the Board should adopt a resolution similar to Chatham County's. Commissioner Nelson said that Commissioner Jacobs had mentioned in an email to defer the Heritage Center request since there are many questions, and he supports pulling this item until the Board has had a more definitive discussion. Commissioner Gordon said that this center should not be discussed in isolation. She believes the Heritage Center should be discussed as part of a more complete consideration of library facilities, including the southwest Orange Library. Laura Blackmon said that a presentation is planned in May from the Library Services department. Commissioner Jacobs said that the presentation would be a good basis to talk about this and the Board does not need to hash over this when the experts will be coming later to give a presentation. He said that the Board should empower a group who has a stake in this to talk about some direction. He referred to the colored sheets about this (orange and tan). Commissioner Jacobs agreed with Commissioner Nelson's take on the Jordan Lake Rules but he had some concerns about the letter from the Haw River Assembly about some of the ways in which the County had interpreted the agricultural rules. He would like to understand the difference between what the letter said regarding the effect of the Jordan Lake rules on agriculture and what the County is doing. Environment and Resource Conservation Director Dave Stancil said that the staff's reading is that the way agricultural rules will be implemented is a voluntary approach, such as cooperatives. Commissioner Jacobs asked about forests and if the letter is different than what the Board of County Commissioners is saying and Dave Stancil said that forest cover is one of the least nutrient loading potential land uses, but he will go back and look in more detail. He does not see a big difference in the two approaches. Commissioner Jacobs said that he does not want this to adversely affect the efforts that Orange County made prior to 2001. Commissioner Yuhasz said that he thought what was proposed in the agenda packet addressed all of these questions. He said that the Chatham resolution is asking for the rules to be adopted as proposed, and this does not cover what Orange County wants. Dave Stancil said that he reads this position from Haw River Assembly as being somewhere between Durham's and Chatham's position. Commissioner Gordon said that she agreed with taking the Heritage Center off and when the report comes back, the Board should talk about this center. She suggested emphasizing to the legislature anything that has to do with how the County's revenue is affected and also anything related to transportation. Commissioner Pelissier said that with the Jordan Lake Rules, she would support Commissioner Nelson's suggestion to adopt something similar to Chatham County. Commissioner Jacobs revised the resolution from Chatham County, as shown below: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE PROPOSED JORDAN RESERVOIR WATER SUPPLY NUTRIENT STRATEGY RULES 15A NCA 02B .0262-.0273 & .0311 WHEREAS, House Bill 3 has been introduced for consideration by the General Assembly; and WHEREAS, the proposed legislation would disapprove Jordan Lake Management rules as promulgated and approved by the Environmental Management Commission and the Rules Review Commission; and WHEREAS, the State of North Carolina first directed local governments to reduce nitrogen in waters that flow to the Jordan Lake Reservoir in 1997 under the Clean Water Responsibility Act; and WHEREAS, the Jordan Lake Reservoir is on the EPA 303(d) list of impaired waters due to the excessive nutrients from point and non-point sources, and has been since 2002; and WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules were developed by the NC Division of Water Quality through a lengthy stakeholder process and were adopted by the NC Environmental Management Commission (EMC) on May 8, 2008 and approved by the Rules Review Commission on November 11, 2008; and WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules are based on sound scientific monitoring and modeling to apportion decreases in the nutrient load from all point and non- point sources in the Jordan Lake watershed in order to improve water quality; and WHEREAS, the Jordan Lake Reservoir cannot meet water quality standards unless nutrient loads from all current and future sources are reduced, including those from wastewater, and from stormwater from existing and new development; NOW THEREFORE BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS that members of the North Carolina General Assembly are hereby requested to approve the Jordan lake Reservoir Nutrient Strategy rules in order to protect the public health and welfare of the citizens of Orange County and other residents of North Carolina. BE IT FURTHER RESOLVED THAT Orange County believes the rules should recognize Orange County's watershed protection efforts prior to the baseline year of 2001, lest the new regulations fail to recognize good stewards such as Orange County, and that the State provide funding to retrofit existing development to the extent it will require local governments to become the designer, builder and manager of watershed protection measures required by the Jordan Lake rules. Adopted, this the 71h day of April, 2009. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to adopt the above resolution. VOTE: UNANIMOUS Chair Foushee asked about item #1 related to Revenue Options for Local Government and Commissioner Nelson said that the Board should move with this as written. Chair Foushee said that she would like for Orange County to have the same revenue options available to it as other counties. Commissioner Yuhasz said that if this is included, he will have to vote against the entire resolution since the voters told them not to do this. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to separate item # 1 (Revenue Options for Local Government) to vote on it separately and to delete item #10 (Historical Documents Preservation Effort/Orange County Heritage Center Funding) and vote to approve the others, with the amendment to the Jordan Lake resolution. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to adopt item #1 for the legislative package — Revenue Options for Local Government. VOTE: Ayes, 5; No, 1 (Commissioner Yuhasz) Commissioner Hemminger was absent. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to accept the following items as priority for the Legislative Breakfast. - Funding options to include effects of Medicaid transfer - Funding options related to public school building funds and the lottery - Transportation issues including funding for counties who are responsible for roads - Orange County should express its commitment to schools in all aspects - Jordan Lake Rules - Expansion of the Homestead Exemption - Reconsideration of Use Value - Mental Health VOTE: UNANIMOUS Commissioner Nelson said that he would not be able to attend the Legislative Breakfast. Commissioner Nelson said that the Board should adopt the Library Task Force Report as opposed to accepting it. With regard to the Heritage Center, the Board should discuss this at a work session and have staff come back with a charge for a task force and who should serve. Laura Blackmon said that there is so much information from past years and she would prefer to hear what the Board of County Commissioners wants before setting up a task force. Commissioner Jacobs said that he and Commissioner Nelson were trying to get the Heritage Center out of the budget process for this year. He does not want staff recommendations at this point. He just wants information and then staff can do a charge for the next budget year. Commissioner Yuhasz asked for a compilation of all information on the Heritage Center to this point. He does not see how this can be tied in with the budget concerns about the library. He thinks that the two should be kept separate. Chair Foushee asked the Manager what her proposal was on this issue. Laura Blackmon said that the staff is bringing to the Board in May what the Heritage Center discussion was and what is in the will, what is in the N.C. room now, etc. The other issue with the southwest library and other concepts about spending money is not something that she was going to bring forward. Chair Foushee suggested that the Board hear the presentation as proposed and then decide next steps for the Heritage Center and Library Services as appropriate. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to receive all available information on the Heritage Center, which has previously been compiled, that staff bring forward the Library Services Task Force Reports for possible adoption, and that staff put forth a procedure outside of the 2009-10 budget process for defining the Heritage Center and alternatives for the scope for the discussion. VOTE: Ayes, 5; No, 1 (Commissioner Gordon) Commissioner Gordon felt that the Heritage Center should be considered as part of a more comprehensive discussion of library facilities. 6. Regular Agenda a. Twin Creeks (Moniese Nomp) Linear Park/Greenway Trail The Board considered three actions toward the construction of a linear park/greenway trail at the future Twin Creeks (Moniese Nomp) Park and education Campus site and authorizing the County Attorney and staff to begin working with colleagues from the Town of Carrboro to develop a draft agreement. Dave Stancil said that at the February 10th the Board of County Commissioners asked the staff to do three things: • Formally approve the project, and amend the adopted May 3, 2005 Twin Creeks Master Plan to show the linear park/greenway trail. While the Board provided clear direction on February 101h, a formal authorization of intent to proceed with the project is needed. The draft revised Master Plan (attached) substitutes this trail for the "redline trail" that was discussed and added in 2005. Other trails shown in the master plan are approximate in location and subject to change as park planning proceeds in the next decade. • Amend the existing contract with Coulter Jewell Thames (approved in 2007) for engineering, design, construction drawings and bid documents for Phase I of Twin Creeks Park to reflect the Linear Park as the new Phase I for Twin Creeks (Moniese Nomp). Should the current contract amount not be sufficient to cover the cost of design of the new linear park, additional approval would be sought from the Board. The scope of work would be adjusted accordingly by the consultant re-tasked to design a paved trail with benches, etc. Staff also recommends that the Board exempt the project from a new selection process, as provided by the NC General Statutes, in order to utilize the existing consultant, who is already very familiar with the site and has conducted some site planning work to date on the park. • Authorize the County Attorney and staff to meet with counterparts from the Town of Carrboro to develop an interlocal/annexation agreement. As the Board may recall, the concept of an interlocal agreement with the Town regarding this site had been previously discussed and was in the preliminary stages of drafting. This agreement would address any permit approvals needed for the linear park/greenway trail construction, and develop the process for the Town to annex the trail corridor so that Town services may be provided (and a linkage made in the Town limits between Morris Grove Elementary School and the MI Homes property to the south. This draft agreement would be focused on the new Phase I of the park and would be brought back for County and Town Board review and consideration. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to approve the Manager's recommendation, which is stated above in detail. Commissioner Jacobs verified that the County already has this money. He said that it should say that the County will spend $850,000 or less. He would like to see the cost options on the bridge. Commissioner Gordon said that there is a good chance to get additional money from stimulus funds so it is important to expedite the process. This is part of the greenway system of Carrboro. She wants to move this forward and if the trail is not paved, it will slow the process down. Commissioner Jacobs said that he is not proposing to delay this in any way and to come back with cost options that may reduce costs. VOTE: UNANIMOUS b. County Campus 1.) Purchase and Sale Contract Amendment and 2.) Long- Term Lease of 200 Spaces on Parking Deck The Board considered approval of Omnibus Contract Amendments to the Purchase and Sale Agreements for the office building and the library and the Construction Manager at Risk Agreement, which will incorporate all previous amendments and necessary reconciliation activities to align with closing documents for the anticipated closing of the transaction later this year; and considered approving a 40-year lease agreement for 200 spaces on the parking deck associated with the Campus project and authorizing the Chair to sign subject to final County Attorney review and approval. County Campus Contract Amendments and Parking Deck Lease April 7, 2009 Purpose •Approve Amendments to the Purchase and Sale Agreements Office Building and Library •Approve a Technical Amendment to the CMAR Agreement •Approve a lease for 200 spaces on the parking deck for 40 years •Prepare for the closing on the property, likely to occur during Summer 2009 Historical Perspective •June 26, 2007 Board approved Purchase and Sale Agreements for Office Building and Library and a Construction Manager at Risk Agreement with Telesis Construction Management LLC at a cost of $17,939,079** •Does not include the purchase price of Gateway •January 15, 2008 Board approved Purchase and Sale Contract Amendment which changed the language of the contract, but added no cost. •November 6, 2008 •First time cost was added to project •Board approved energy-efficient HVAC system for a total of $445,569 •Included a credit of $397,806 for the design contracts •Total Contract for Office/Library: $17,986,842 .Total cost at this point is $23,477,291 with cost of Gateway Bldg Proposed Action •Modify Purchase and Sale Agreements to: •Add $225,788 to the cost for: .Generator and associated site prep .Sustainable design: Siemens controls for HVAC and enhanced graywater collection/distribution system . Construction administration •Office Bldg and Library Purchase and Sale Agreements as amended: $18,610,436* .*Does not include cost of Gateway Building, closed on 2/23/09 for$5,490,449 .*Does not include cost of design which was transferred to County CMAR Agreement Amendment •Technical amendment regarding the bonding for the job •No monetary impact Parking Deck •Capital costs of parking deck are imbedded in the purchase price of the three buildings on the expanded County Campus. •Lease terms: •County leases 200 spaces on the deck for$1 per year per space •Term of lease is 40 years •Right of First Refusal included in lease Parking Deck Maintenance/Operation •Landlord is responsible for maintenance and operation of deck •County will make an annual payment for cost of operations based on previous years' operating costs •Operating costs paid in calendar 2009 estimated around $20,000 •Estimated annual costs beginning 2010: $28,632 Summary 1. Amend Purchase and Sale Agreements: • Office Building $12,109,069 • Library $6,493,567 .Total cost with Gateway acquisition: $23,100,885 2. Approve Parking Deck Lease 3. Approve Amendment to CMAR agreement Commissioner Jacobs pointed out that all three buildings cost about 3 of Morris Grove Elementary School Pam Jones said that all facilities are in line with the costs for other new facilities. Commissioner Gordon said that she is concerned about how the costs have gone up. It was answered that most of the cost increases were for the sustainable design elements. A motion was made by Commissioner Jacobs, seconded by Chair Foushee to: - Approve amendments to the Purchase and Sale Agreements for the Office building and library and the Construction Manager at Risk (CMAR) Agreement, subject to final County Attorney review and approval; and - Approve the long term Lease of 200 spaces in the parking deck, subject to final County Attorney review and approval; and - Authorize the Chair to sign the Contract Documents and Park Deck Lease; and Park Deck Lease and the Purchase of the Office Building and the Library, consistent with the Contract Documents, and to sign all related documents for these transactions as approved by the County Attorney; and - Authorize the County Manager to approve further change orders and related contract amendments so long as doing so does not result in the need for amendment to the overall project budget of $25.7 million. VOTE: Ayes, 4; Nays, 2 (Commissioner Gordon and Commissioner Nelson) Commissioner Gordon said that the costs were too high. Commissioner Nelson said that the agenda abstract was so difficult to read and therefore not clear. Commissioner Jacobs said that there was a blizzard of information at the end and the County Commissioners are asking for too much information of the staff at the end. Commissioner Gordon also said that there was a lack of clarity in the abstract. Pam Jones said that the abstract was difficult to write. c. Divestiture of County Properties The Board considered which County-owned properties shall be subject to divestiture and directed staff regarding the process to be used to start divestiture. This process will be used for the properties the board decides to divest. Laura Blackmon made reference to the update on the yellow sheets from the previous meeting and Commissioner Gordon asked for November 13th information to be made available to the BOCC again. 1. Clerk of Court Annex °Current Use: .Clerk of Courts Estates Division Potential uses if retained: .Public Defender offices °Capital Investment in facility (purchase/renovation): .Leased for several years. Purchased this and the adjacent Graham Building, from same owner for$485,000 in 2001 °Estimated additional costs if used for potential use: .$30,000 °Estimated Tax Value $465,000 °Description: °Type of Construction: Brick and Masonry °Square footage: 3,336 square feet °Land: 0.26 acres 2. Graham Building °Current Use: .Literacy Council .Previous location of Veteran's Services Potential uses if retained: .Not recommended for continued ownership °Capital Investment in facility (purchase/renovation): .Leased for several years. Purchased this and the adjacent Hillsborough Savings Bank, from same owner for$485,000 in 2001 °Estimated additional costs if used for potential use: N/A °Estimated Tax Value: $136,300 °Description: °Type of Construction: Rock °Square footage: less than 1,000 square feet °Land: .03 acres 3. Homestead Community Center °Current Use: .Managed by Parks and Recreation Dept. Primary use appears to be meeting space for various groups Potential uses if retained: .EMS Base Station °Capital Investment in facility : .Donated to County by homeowners association in late 1980's. °Estimated additional costs if used for potential use: . $5,000 °Estimated Tax Value $250,000 °Description: °Type of Construction: Concrete block construction °Square footage: 3,368 °Land: 2 acres 4. Highway 49 —Old ABC Store °Current Use: .None Potential uses if retained: .Not recommended for continued ownership °Capital Investment in facility (purchase/renovation): .Given to County upon closing of ABC store °Estimated additional costs if used for potential use: N/A °Estimated Tax Value: Not available °Description: .Type of Construction: Concrete block .Square footage: 1,342 square feet; postage stamp sized lot .Land: 0.22 acres 5. Whitted Building °Current Use: .Primary Human Services delivery facility for Central/Northern Orange County. .Central Library site Potential uses if retained: .Offices for Housing and Community Development and Health Department following relocation of Library and DSS in 2009. .Recreation offices in gym, adjacent to main building .Not recommended for ownership if County exercises option to purchase Hillsborough Commons shopping Center in February 2012. °Capital Investment in facility (purchase/renovation): .Major renovation in early 1980's .Approximately $3.8 million renovation and HVAC replacement in 2002 °Estimated additional costs if used for potential use: Not available 6. 129 East King Street, Hillsborough °Current Use: °Purchasing offices Potential uses if retained: .Heritage Center °Capital Investment in facility (purchase/renovation): .$346,000 purchase price in 2000 .Approximately $120,000 renovation costs °Estimated additional costs if used for potential use: .$75,000--$100,000 to upfit warehouse area °Estimated Tax Value $419,100 °Description: .Brick and masonry .6,000 square foot .4,000 s.f. conditioned .2,000 s.f. warehouse .Land: 10,653 square feet 7. 911 Center on New Hope Church Road °Current Use: .EMS Base Potential uses if retained: .EMS Base .Redundant 9-1-1 dispatch center °Capital Investment in facility (purchase/renovation): unknown °Estimated additional costs if used for potential use: $25,000 °Estimated Tax Value: $415,000 °Description: .Type of Construction: Wood Construction .Square footage: 6,000 square feet .Land: 2.37 acres Confirmation of Use 8. Valley Forge Road facilities: a. Old Orange Enterprises Building; intended for use as Value Added Center if partnership funding is acceptable to BOCC. Approx. value: $425,000 b. Industrial building leased by Builders First Source through 2012; one additional 5-year option through 2017 is available at the discretion of BFS. Approx. value: $2.7 Million Commissioner Jacobs said that he is not ready to take the 911 center off of their list since New Hope Fire Department has something right across the street. He also wants to put 129 King Street on hold. Pam Jones said that these two could be brought back and the others could be divested. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to divest of the Clerk of Court Annex, 112 N. Churton Street, Hillsborough; Graham Building, 118 N. Churton Street, Hillsborough; Homestead Community Center, Chapel Hill; and Highway 49 Old ABC Store, Cedar Grove. VOTE: Ayes, 5; No, 1 (Commissioner Gordon — she thinks that more buildings should be considered right now for divestiture) This motion was reconsidered below and approved unanimously. 7. Reports-NONE 8. Board Comments Commissioner Nelson said to ask the Human Rights and Relations Commission to look into the ICE program and to make recommendations back to Board of County Commissioners. He gave background on this. Commissioner Jacobs said that he agreed with this but he had originally wanted the Chair and Vice-Chair to meet with the Sheriff first and Commissioner Nelson said that he and Chair Foushee have agreed to meet with the Sheriff about this. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to have the Human Rights and Relations Commission look into the ICE Program and make a recommendation back to the Board of County Commissioners. VOTE: UNANIMOUS Commissioner Gordon said that she would like to reconsider the motion for item 6-c. A motion was made by Commissioner Nelson, seconded by Commissioner Pelissier to reconsider the motion for item 6-c. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to divest of the Clerk of Court Annex, 112 N. Churton Street, Hillsborough; Graham Building, 118 N. Churton Street, Hillsborough; Homestead Community Center, Chapel Hill; and Highway 49 Old ABC Store, Cedar Grove. VOTE: UNANIMOUS Commissioner Jacobs said that on April 16th at 4:00 p.m., there is an event about the Value-Added Processing Center. On April 18th at 10:00 a.m. there is a dedication of Cedar Grove Park. Commissioner Jacobs asked the Chair and Vice-Chair to get the Board rules on an agenda soon. Commissioner Jacobs said that it would be nice for the staff to look at the implications of UNC building a hospital in an EDD and taking the acreage off of the property tax and the sales tax. Commissioner Jacobs said that a new County Commissioner from Chatham wrote a letter to the Secretary of Transportation at the Durham-Chapel Hill-Carrboro MPO and she suggested that the City of Durham staff no longer be the staff of the MPO, and that the Triangle J Council of Governments would be a more neutral venue. He said that he was disappointed that neither Triangle J nor the Board of County Commissioners ever heard about that proposal. Commissioner Gordon said that the Transportation Advisory Committee of the Durham-Chapel Hill-Carrboro MPO released its final Long-Range Transportation and Air Quality Analysis for public comment. She said that the Triangle Transit will have a Smart Commute Challenge from April 15- May 30th and people can sign up for this at the website, www.smartcommutechallenge.org. She also suggested that the Triangle Transit give the County Commissioners a presentation. Commissioner Nelson suggested that when the County Commissioners bring up things that they ask staff to follow up on, it should be done by a motion. He said that it is not clear to all if the Board agrees on these items such as a hospital in the EDD. He said that he views the hospital as a good asset to economic development. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson for the staff to bring back the pros and cons in a fiscal sense for location of a hospital at Waterstone. VOTE: UNANIMOUS 9. County Manager's Report Laura Blackmon said that there are no items on the agenda for the JPA meeting and she asked if the Board would want to take this time to have a solid waste discussion with other items. Commissioner Jacobs said that there should be a process for canceling of meetings that is through the Chair and the Vice-Chair. He said that other County Commissioners wanted to engage the Towns to talk about solid waste issues and this might be the best and last opportunity to do this regarding the transfer station. Geof Gledhill said that the LGC approved today the County's application for alternative financing for the transfer station buildings. Commissioner Pelissier said that she does want to talk with the Towns about the transfer station and solid waste in general. Discussion ensued on the background with the Towns and the County regarding solid waste. Commissioner Pelissier said that, being new to all of the details and history, she has mixed feelings about whether the Towns should bear some responsibility. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to ask the Towns to attend what was supposed to be the JPA meeting on April 30th to discuss solid waste issues. VOTE: UNANIMOUS Commissioner Gordon made reference to the informational item regarding the library that is now under construction and said that she would like to look at the plan for the library space as soon as possible. She asked the Chair and the Vice-Chair to schedule a presentation on the library floor plan and the functionality of the library. 10. Appointments a. Economic Development Commission — New Appointment The Board considered making new appointments to the Economic Development Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to appoint Lee Rafalow to Position #1 with a term expiring June 30, 2011; Alan Rosen to Position #2 with a term expiring June 30, 2010; Brian Russell to Position #13 with a term expiring June 30, 2011; and Rob Gray to Position #15 with a term expiring June 30, 2011. VOTE UNANIMOUS a. Orange County Board of Adjustment— New Appointment The Board considered making new appointments to the Orange County Board of Adjustment. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Mark Michol and David Blankfard to the Orange County Board of Adjustment to first full terms expiring June 30, 2011. VOTE: UNANIMOUS b. Recreation and Parks Advisory Council — New Appointments The Board considered making new appointments to the Recreation and Parks Advisory Council. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the recommendation appointing Richal Vanhook to the Cedar Grove Township Position #3 with a term expiring March 31, 2012; and Vanessa De Nijs to the Cheeks Township Position #6 with a term expiring March 31, 2012. A motion was made by Commissioner Jacobs, seconded by Chair Foushee to appoint Clay Hudson to the Carrboro City Limits Position #1 with a term expiring March 31, 2012. VOTE: UNANIMOUS 11. Information Items • Memo Regarding Citizen Complaints — Hunters "Dogging Deer" • Fire Rescue Study Update • Update on the NC Room/Heritage Center 12. Closed Session A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to adjourn into closed session for the purpose of: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board" at 11:10 p.m. VOTE: UNANIMOUS: RECONVENE INTO REGULAR SESSION A motion was made by seconded by to reconvene into regular session at 11:20pm. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs seconded by Commissioner Foushee to approve the County employing Womble, Carlyle, Sandridge and Rice and authorizing Geof Gledhill to sign the letter of agreement on behalf of Orange County. He said this item would be scheduled for the April 7, 2009 BOCC regular meeting. VOTE: UNANIMOUS 13. Adjournment A motion was made by seconded by to adjourn the meeting at 11:25pm. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board