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HomeMy WebLinkAboutMinutes - 20090818 APPROVED 9/15/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 18, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 18, 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, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda The purple sheet was related to item 4-p —Approval of Proposed Emergency Medical Charge Review Process. The yellow and orange sheets were related to items 5-a and 5-b —Zoning Ordinance Text Amendment Relating to the Required Commencement of Construction Activities for Planned Developments and Zoning Ordinance Text Amendment Relating to Development Limits within Nodes. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Robert Porreca has lived in Bingham Township for over 30 years. He spoke about closing the Bradshaw Quarry solid waste convenience center. He said that local government has responsibilities for citizens, which should be the priority. Among these are public safety and public health, including solid waste management and disposal. He said that he was surprised to hear that this convenience center was to be closed as a cost-cutting measure and that there was no public discussion about it. He said that basic services should be the last targeted area for cuts. He made several points: - BQCC is the only service that our residents have for handling trash and recycling. Private haulers don't serve the area and the County does not provide curbside recycling to these residents. - County estimates savings are roughly $35,000 less $10,000 to restore the area (net $25,000). - Certainly half the savings ($15-20,000) can be achieved if hours were reduced to 3 or 4 days a week like every other convenience centers. - If there are no better options for saving $15,000-20,000, the county should look to cut non-essential services. Commissioner Jacobs arrived at 7:12 PM. Jim Morrissette lives in the western part of Orange County and he also spoke about the closing of the Bradshaw Quarry Convenience Center. He said that the community is sympathetic to the financial challenges and they appreciate efforts to contain costs. He asked that the County take the same action as with the other convenience centers and cut hours instead of closing the center. He said that closing the convenience center doesn't eliminate costs — it shifts costs to a single group of residents. He gave some points from a handout: - Appreciate the challenge to prepare the 2010 budget during this difficult economic time - Cutting hours at convenience centers makes sense — especially if there is excess capacity and the centers can handle traffic when the hours are cut. - Closing Bradshaw Quarry doesn't cut costs, it simply shifts the costs to residents and our local fire department who is also facing budget constraints - Unlike Eubanks or other centers, our residents rely on BQ centers as the only place to dump their trash and recycling. There's no trash or recycling pickup. We all pay the 3R fee. - If you spend a day at BQ, you'll quickly learn that people are driving trucks and trailers with their household trash. o These vehicles get 10-15 mpg and driving them to Eubanks or Ferguson gets pretty expensive and time consuming — not to mention the impact on traffic and air quality. o Many vehicles are open — and trash will end up on the road — some intended, some by accident. - We know that trash will end up on the road and/or the trash burning will increase. You know that's true — because driving trash 10-15 miles each way in a truck or trailer is just too expensive and takes too much time. - We support your goal to cut costs and want to be part of the solution. Work with us to truly cut costs and not shift them to a single group of residents - Please vote tonight to keep Bradshaw Quarry open. Kathleen Hoffman said that she and her husband have lived on Mebane Oaks Road for 34 years. She shared some points from the handout: - The rationale behind closing BQ is irrational and unfortunately suggests that the county is insensitive to the needs of the rural community o Complex county— one size doesn't fit all o The rationale used to justify closing doesn't make sense to the rural residents that use the center. Here's what we've heard about why the county wants to close the center: • "It has the lowest volume" — of course it's not a dense community— much of the community is in the critical watershed with five acre minimal zoning. Plus it's the home to some of the largest and most beautiful farms in the county. There's not much density— but its far— which is why the convenience center is so important • "It's not full service —there's no yard waste" — of course, residents with large parcels compost or legally burn yard waste right on their property. • "The site can't be expanded" —why is that a problem? Of course the center got more crowded when the county added large bins for non- critical services like mattress, appliance and metal. Why not take those out and leave basic trash and recycling bins. o The center is important to the rural residents who have no alternative but to drive 15-30 miles to dump their trash. Reducing hours makes sense, closing the center doesn't o Please —we rely on you to represent the rural community too. Closing Bradshaw Quarry imposes an unfair and disproportionate burden on this special community. o Please vote tonight to keep Bradshaw Quarry open. Frank Tozzolina read through the points on the handout: - Spread the burden — rather than target a single community o We appreciate that every citizen is being asked to give up services to make the budget work and our rural community wants to do our part. That's why we are asking for reduced hours at BQ — like every other community. o Closing BQ is a disproportionate action — it targets a single community for no waste services at all. Unlike the neighbors of other centers, most BQ users have no option —vendors will not serve the area; the county does not provide curbside recycling pickup and many who do receive it are willing to give it up since they have to drive their trash to BQ o This community does not ask for much and already does a lot to minimize our demands on the county's fiscal resources: • We have no schools — so we put our kids on school busses • We have no parks so the church gave the kids a practice field for football • We gave up thousands of acres of land for a reservoir and got sludge in return • We agreed to 5 acre zoning to limit density and protect our critical watersheds — and are now being told that we don't produce enough trash. • We pay a 3R fee — and all we'd like in exchange is a small convenience center— open 3-4 days a week. o Our neighbors are willing to share the burden — not bear the burden by becoming the only community in the county with no waste management services at all. o As Jim said — closing BQ doesn't save money, it shifts costs to residents — who by all counts are doing more than their fair share to limit their demands on the county for services. o Please vote tonight to keep Bradshaw Quarry open. Tommy Holmes also spoke from the handout. He is Chief of Orange Grove Fire Department and Orange County resident of 66 years. - Here's a petition with 500 signatures asking you to reconsider your decision to close BQ - Please understand that our community is disappointed and angry— and does not understand why this is happening. Here's some comments that have been provided with signatures (he read some quotes from the e-petition) - There has been no formal hearing about Bradshaw Quarry— and the board has not heard from our citizens —who will bear this burden which we believe is disproportionate and unfair. - Please work with us —vote tonight to keep Bradshaw Quarry open. Linwood Futtrelle read the following prepared statement: Thank you for allowing us to bring to your attention our feelings about the closing of the Bradshaw Quarry Convenience Center. I am Linwood Futrelle, and I serve as President of the Orange Grove Volunteer Fire Company. I am concerned about the potential impact this closing could have in our community to Public Safety. Prior to having the convenience center most folks out here burned their trash, and what was not burned, was dumped in the woods. I feel many people will resume this activity because of the distance and time required to haul the garbage so far out of the community. The Convenience Center has largely eliminated this practice, because it is so easy to stop by and drop off trash. If folks resume burning, there is the possibility of grass and woods fires, some of which will inevitably burn structures; it is our feeling these incidents will increase. Additional I feel that folks will use our mostly rural roads to dump appliance and furniture, more than they do already—just last week someone dumped a mattress set on Bradshaw Quarry. Our community has always been willing to pitch in and help out, when the Pop Warner Football league could not secure committed playing fields from any of the Rec departments, the Cane Creek Baptist Church offered their big field and made it available to them basically for free, So we think there are ways to keep the Bradshaw Quarry Convenience Center open and not impose such a large burden upon our community. If you look carefully you will see that this corner of the county receives the fewest services of about anywhere in this county. Let's make this cost cutting more equitable, We ask you to please reconsider this proposal and see if a better solution can be worked out, We are not unreasonable, but feel a three day schedule could meet our needs, and not the burden of asking residents to spend extra dollars and time to deal with our trash. If that's not enough, eliminate non-essential, infrequently used services like appliance and mattress disposal. In addition, you can allow residents to opt out of curbside recycling—which is useless to someone who has to dump their own trash. Please direct your staff to restudy and reconsider and bring to you ASAP new ideas on how to save the needed money to meet your budget constraints. We will be happy to help, offer ideas and work towards producing a better solution that leaving us with no alternatives but long trash hauls, Thank you, Submitted by Linwood Futrelle — 3818 Teer Road Chapel Hill Ed Johnson agreed with what the previous two speakers said. He said that he wrote two questions to the County Commissioners in an email. He asked if the Board was working on the assumption that the closing of the Bradshaw Quarry site is permanent or temporary. He said that the response that he received from a member of the Board said that he was assuming that it was a temporary measure and that it would be reopened when the economy got better. He asked for a show of hands from the County Commissioners about this question. He thinks that it would be easier for the community if it were only temporary. He reminded the Board what a difficult time it was locating the Bradshaw Quarry site in the first place. He also asked for a phone number that residents can call when they see debris along the road. Chair Foushee said to call the Public Works department, the Solid Waste department, or 911, because that is illegal activity. Ed Johnson gave an example of another municipality that opens its convenience center on Monday, Wednesday, and Friday and then opens another one in another location Tuesday, Thursday, and Saturday. He said that if this were done for four convenience centers, this could save $50-60,000. Forrest Heath lives on Mebane Oaks Road. He asked the County Commissioners to keep Bradshaw Quarry Convenience Center open. He said that the 3R fee was imposed on them, and one of the reasons was recycling collections. If this site is pulled from the neighborhood, they will be paying a fee for those services that they do not receive. Don Cox has lived in Orange County 43 years. He said that when he first heard about the proposal to close the Bradshaw Quarry site, he was very angry. He understands that a lot of County services that he may not need always have to be there. The utility of the Bradshaw Quarry convenience center is the one thing that he utilizes regularly. He urged the Board to listen to the comments and seriously reconsider and find a new way to deal with this. Connie Shiplett lives off Mebane Oaks Road. She said that the welcome page of the Orange County website says, "We Count." The question is do we? She said that they have dealt with increased property taxes. She understands that the services must be reduced, but she requests that they not be eliminated. She said that this is an environmental issue because people are much less likely to recycle when it is not convenient. She urged the Board to reevaluate this. Reverend Robert Campbell made reference to the handout that was to be presented for item 7-a (this information is posted in item 7-a). He said that there are residents in Orange County that are drinking, cooking, and taking baths in water that is contaminated, which is out of compliance with state and federal standards for ground, drinking, and surface water. He said that this community does not want a waste transfer station. He said that there is no reason that Orange County should have water that has E. coli or fecal matter in it. Chair Foushee said that the Board has provided information to the public on the back table and Interim Manager Frank Clifton will elaborate on this information. Frank Clifton said that most of the County deliberations occurred during Board of County Commissioners budget work sessions and to close this site was part of a cost saving process, and hours were reduced at all sites. The savings for the combination of several elements was $121,000. There are other costs besides staffing for this center, such as trucks, etc. This site also has the least number of attendees, the least volume, and is the smallest site. He said that the closing of this site had to do with the efficiencies throughout the whole budget and County functions. Commissioner Jacobs said that, out of deference to the people that came to speak, he said that he appreciates the reasonableness with which the citizens have approached the Board. He agreed with Mr. Futrelle that citizens do not get much, but citizens do get deputies and schools, etc. He said that he is sympathetic because he drives 18 miles round trip to take his trash to a convenience center. He would like staff to address the temporary versus permanent issue with the Bradshaw Quarry site. He said that he would like to hear creative suggestions. Commissioner Gordon said that she would like to see the costs, especially for the temporary versus permanent issue. Commissioner Pelissier said that there are areas in the County where people have to drive long distances. She said that this raises issues for the long-term and convenience centers may need to be added in other areas later. The Board agreed to instruct staff to bring back information on permanent versus temporary or transitional methods to deal with this issue and to contact the Interim Manager's Office with creative suggestions. 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. Triangle Transit Presentation on Plans for Expansion of Bus and Rail Services in the Region The Board received a presentation from Triangle Transit staff regarding the latest available information on Orange County plans for expansion of bus and rail services in the region. Patrick McDonough, Senior Transportation Planner at Triangle Transit, made a presentation. He said that these plans are in draft form only. The Triangle Transit presentation materials are on file and are hereby made a part of these minutes. Orange County Major Transit Investment Planning Update Triangle Transit Staff August 18, 2009 Presentation Highlights Update on Legislation passed by General Assembly Review of Current Plans Financial Assumptions and Impacts of Economic Slowdown Next Steps House Bill 148 (Senate Bill 151) The Congestion Relief and Intermodal Transport 21st Century Fund The "Intermodal Bill" accomplishes the following: • It authorizes %2 cent sales tax option for the Triangle and Triad • It authorizes 1/4 cent sales tax option for remaining 94 counties • It creates an Intermodal Transport Fund (no funding has been appropriated) The Bill Also Accomplishes: • Inflation adjustment for TTA — option for an additional $3 dollar vehicle registration fee • Each county the option of "up to" $7 dollars vehicle registration fee for public transportation purposes • Option of a 10 cent increase for every $100 dollars in property tax for RTP residents for transit • Bill is a recommendation of the NC 21st Century Committee on Transportation • Bill received bi-partisan support and is expected to be signed by Governor Perdue next week. Benchmark Responsible Party Target Date STAC Plan-completed STAC May 2008 LRTP-completed DCHC/CAMPO February 2009 Intermodal Bill-completed NC Legislature Summer 2009 ❑ 3 County Plans Triangle Transit Winter 2009 /2010 ❑Referendum Call Durham, Orange, Wake TBD ❑Referendum Campaign Area Chambers TBD ❑Successful Vote Voters TBD ❑Engineering/Environmental Triangle Transit TBD ❑State Funding NCDOT TBD ❑Construction Start Triangle Transit TBD ❑Construction Finish Triangle Transit TBD ❑Opening Day Triangle Region TBD Regional Transit Vision (map) Southeast Orange County Detail (map) Possible Near Term New Bus Services or Improvements - Mebane to Hillsborough to Durham? - Improved Night or Weekend Service in Chapel Hill / Carrboro? - Improved Regional Service Carrboro to Chapel Hill to Durham? (15-501 corridor) - Service on NC 54 from White Cross area in to Carrboro/Chapel Hill? - Additional trips on Hillsborough to Chapel Hill route? New, Up-to-Date Sales Tax Data from the Triangle Assumptions Previous Financial Data Current Financial Data Inflation 4% 4% Sales Tax Growth 4.5%, all years of plan, Actual receipts for 20070 Rate beginning to end 2009, county projections as far as possible by county, 2.5% long term for Orange County Previous Orange County Finances (graph) Current Orange County Finances (graph) Orange County Plan Status Previous Purchasing Power Current Purchasing Power Light Rail: Leigh Village to UNC Hospital by Light Rail: Leigh Village to UNC 2023 (33% Fed Hospital by 2023 (33% Fed Funding) Funding) Bus priority lanes on MLK Blvd by Bus priority lanes on MLK Blvd by 2017 (25% Fed Funding ) 2017 (25% Fed Funding) 9 new buses by 2013 6 new buses by 2013 9 new buses total by 2035 6 new buses total by 2035 •Revenue for above includes '/2❑cent sales tax, $3 vehicle registration fee increase, federal and state sources •Does NOT include $7 vehicle registration fee •Does NOT include "Rail Dividend" bus re❑allocation Reasons for Optimism Sec. LaHood & Livable Communities Initiative -> HUD/USDOT partnership LaHood: "We must implement policies and programs that reduce vehicle miles driven... providing communities with additional transportation choices... light rail... buses... pedestrians and bicycles... We can promote strong communities with mixed-income housing located close to transit in walkable neighborhoods." More reasons for optimism Potential for additional federal transit $ from pending cap &trade bill Bus ridership still strong despite lower gas prices Recession has slowed revenue, but also moderated construction costs Professor Roland Stephen (NCSU PhD Econ Dept): `Triangle poised to be among the first metro regions to recover from the recession' Next Steps Incorporate ridership analysis insights Continue to refine assumptions Continue to assess risks Consider priorities for bus and rail in Orange County Comments by Commissioner Gordon concerning federal commendations for this regional planning process are given below: Commissioner Gordon noted that the first two benchmarks in Triangle Transit's presentation include the Special Transit Advisory Commission (STAC) plan and the 2035 Long Range Transportation Plan (LRTP). The STAC advised the two metropolitan planning organizations on the transit components of the 2035 Long Range Transportation Plan. The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and Triangle Transit received commendations from the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) for their work on these regional plans which were completed in collaboration with the Capital Area Metropolitan Planning Organization (CAMPO) and others. The federal official who announced these FHWA/FTA commendations at a DCHC MPO meeting said that it was unusual for a group to receive them since they were not awarded very often. First, DCHC MPO and Triangle Transit and others were commended "for their collaborative efforts in the STAC report and implementing transit goals in their transportation systems." Second, DCHC MPO and others were commended "for coordinating and streamlining the Air Quality Conformity process." Third, DCHC MPO and others were commended "for their collaborative efforts in producing a joint Long Range Transportation Plan (LRTP)." Commissioner Gordon (Orange County member of DCHC MPO) stated that it was the first time that DCHC MPO and CAMPO had worked together to produce a joint LRTP and noted that the regional transportation plan was contained in one document, also for the first time. Commissioner Gordon reiterated that the plan presented by Triangle Transit tonight is a draft plan. She said that it is time for Orange County staff to get active and articulate priorities. She said that the Board has to approve a financial plan and authorize a referendum if it chooses to go forward. She said that there are other sources of funds and that this effort has broad support. Commissioner Jacobs thanked Commissioner Gordon for her work on this issue. He said that there are three issues that he needs to know more about. One is that his understanding is that the Wake Chamber of Commerce is pushing hard to have a light rail go north rather than west. He thinks that it will be important for the Orange County Commissioners to know what the overall plan is that everyone has agreed to. Another is timing and what happens if two counties approve the referendum and the other one does not. The third thing is a matter of proportionality. Obviously, the lighter end of the service spectrum will fall upon Orange County while Durham and Wake Counties will get more because they have more money. He needs to know answers so that he can tell citizens when they ask. Patrick McDonough said that Orange County could potentially contribute to a joint service with Durham County and receive more service. There is definitely multiple jurisdictional service. Damien Graham from Triangle Transit addressed the question of what would happen if some counties did not pass the referendum. He said that there was great discussion about this, and the bottom line is that if two counties pass the referendum, then the money is appropriated based on the financial planning that the two counties agree to that would be managed by Triangle Transit. If only one county passes the referendum, then the money is controlled and appropriated by that one county until more counties come into agreement. The hope is that all three can work together and have a seamless operation. He said that nothing is even close to being finalized. Commissioner Jacobs asked what happens if Durham County and Orange County pass the referendum and could they change the plan to suit their needs if Wake County does not participate. Damien Graham said that the way the bill is written is that the money appropriated is depending on the financial plan submitted by the counties before the referendum is passed. Commissioner Pelissier said that she is very excited about this. She said that Orange County has to do work now and it is important to work with all municipalities of Orange County. She said that when she worked on the Special Transit Advisory Committee, it was the consensus of the group that their ideal was for them to have a regional financial plan that was not proportional to the population in each county. It was to be a regional plan to meet all of the needs. She said that the reality is that each county creates their own financial plan because each county has different resources. Chair Foushee said that the plan is regional, but they need to be cognizant of the fact that funding is going to come in phases. She said that it would be helpful for the County Commissioners to see the funding plan out to 2035 the next time. b. Tax Collector's Annual Settlement for Fiscal Year 2008-09 The Board received the tax collector's annual settlement on current and delinquent taxes, considered approving the accounting thereof, and upon acceptance of the reports, considered issuing the Orders to Collect for Fiscal Year 2009-2010. Tax Collector Jo Roberson said that the statewide average for collections is 97.38%. In jurisdictions with residency higher than 100,000 citizens, the average collection is 97.83%. In an unofficial polling of the surrounding counties, the majority of the counties have held where the collections were last year or slightly below. She said that she is happy that the overall percent of collection for Orange County was 98.85%, which was higher than last year at 98.76%. For Orange County inclusive, which is the countywide figure, the fire district, and special district taxes, the collection percentage was 98.79%. There has been a total of $94,000 that has been filed for bankruptcy, which is $3,000 more than last year. The foreclosures in 2008 totaled 83. From January to June this year, there have been 41 foreclosures. She said that in September 2008 the Board of County Commissioners approved the outsourcing of title work to help clean up back taxes that were owed. To date, 26 properties have been outsourced and $62,046 has been collected from those. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the tax collector's annual settlement on current and delinquent taxes, approve the accounting thereof, and upon acceptance of the reports, issue the Orders to Collect for Fiscal Year 2009-2010. Commissioner Jacobs asked about the cost of the title search for the $62,000 and Jo Roberson said that the actual cost was $3,500. VOTE: UNANIMOUS c. Recognition of Revenue Staff and Appointment of Three (3) Deputy Tax Collectors The Board acknowledged the continued endeavors of the Revenue staff evident by the outstanding collection rates achieved and considered appointment of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for a four-year term, effective July 1, 2009 through June 30, 2013. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the appointments of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for a four-year term, effective July 1, 2009 through June 30, 2013. VOTE: UNANIMOUS Jo Roberson stressed to the public that the Tax Office was willing to work with people regarding tax payment. Citizens that are having trouble with their taxes should call the Tax Office. There are payment plans available. 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve those items on the consent agenda as shown below: a. Minutes The Board approved the minutes from April 7, May 12, 14, 18, 19, 21, 26, 28, June 2, 4, 11 and July 2, 2009 as submitted by the Clerk to the Board. b. Appointments (1) Advisory Board on Aging — Reappointment & Reassignment The Board reappointed Peggy Cohn to a second full term ending June 30, 2012 and reassigned Heather Altman from the #5 (at-large) position to the #9 (Carrboro) position. (2) Human Relations Commission — Reappointment The Board reappointed Barbara Prear to a first full term ending June 30, 2012. (3) Solid Waste Advisory Board — Reappointment The Board reappointed Bonnie Norwood to a third full term ending June 30, 2010. c. Motor Vehicle Property Tax Release/Refunds for June 2009 The Board adopted a refund resolution, which is incorporated by reference, related to 39 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Motor Vehicle Property Tax Release/Refunds for July 2009 The Board adopted a refund resolution, which is incorporated by reference, related to 79 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. e. Temporary Installations Made for the Elements (T.I.M.E.) Public Art Project at Cedar Grove Park The Board authorized the Interim Manager to sign the Letter of Agreement with artist Cindy Newport for the Temporary Installations Made for the Elements (T.I.M.E.) Public Art Project at Cedar Grove Park upon final review by staff and the County Attorney. f. Diabetes Self-Management Program Grant Funds The Board accepted grant funds from Kate B. Reynolds Foundation in the amount of $202,532 to implement the Diabetes Self-Management Program in the Health Department for Orange County residents and authorized the Chair to sign the grant ordinance. Land Application of Biosolids Regional Forum 2009 This item was removed and placed at the end of the consent agenda for separate consideration. h. Additional Seasonal Influenza Vaccination Funds The Board accepted funding in the amount of $44,228.37 for the purpose of seasonal influenza vaccinations in two public school systems and approved the corresponding budget amendment. i. Agreements Between Chapel Hill Carrboro City Schools, Orange County Schools, and Health Department for School Nurses The Board approved the agreements between Chapel Hill-Carrboro City Schools, Orange County Schools and the Health Department for nine school nurses and authorized the Chair to sign. L Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals for Dental Resident The Board renewed the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services and authorized the Chair to sign. k. Report of Previously Approved Settlements The Board received a report on the outcomes of previously approved settlements of legal actions or claims. I. State Required Modification to the Orange County Massage Parlor Ordinance The Board approved text modifications to bring the Orange County Massage Parlor Ordinance into compliance with North Carolina law. m. Recognition of Rebecca B. Wall Within the New Orange County Main Library The Board received the Naming Report/Request acknowledging the contributions of Rebecca B. Wall; and stated its intent to consider adopting a resolution designating recognition of Rebecca B. Wall in a prominent place within the local history area at the new Main Library at its meeting on September 1, 2009. n. Authorization to Purchase Wall Partitions and Carpet for Phase I Link Center Renovation through NC State and/or GSA Contract The Board authorized the Director of Asset Management and Purchasing Services to exceed the position's current signature authority of $20,000 to purchase demountable wall partitions and carpeting for phase one renovation of the John M. Link Center—through State Contract and/or GSA vendors; and to execute documents needed to complete the purchase. o. Driveway Reimbursement to Efland Volunteer Fire Department The Board adopted a resolution for reimbursement authorizing the Financial Services Director to act as the County's agent and submit an invoice to the NCDOT in the amount of $20,333 on behalf of Efland Volunteer Fire Department; authorized the Clerk to sign the resolution; amended the budget of the Efland Fire District Fund in the amount of $20,333; and authorized payment to the Efland Volunteer Fire Department upon the receipt of the funds. • Approval of Proposed Emergency Medical Charge Review Process This item was removed and placed at the end of the consent agenda for separate consideration. • Proclamation Regarding Quality Growth Initiative The Board approved a proclamation endorsing and adopting the Reality Check Report Guiding Principles for Quality Growth. r. Fiscal Year 2009-10 Budget Amendment #1 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2009-10 for Health Department, Sheriff Department, County Capital Project Ordinances, Animal Services, Department of Social Services, Solid Waste Department, Department on Aging, and Emergency Services. s. Changes in BOCC Regular Meeting Schedule for 2009 The Board amended its regular meeting calendar for 2009 by: - Changing the location of the September 10, 2009 BOCC Work Session FROM Link Government Services Center in Hillsborough TO Orange County Emergency Services, 510 Meadowlands Dr. in Hillsborough (off of Hwy 70-A near the Sportsplex) —this meeting will start at 7:00 p.m.; and, - Changing the location of the October 13, 2009 BOCC Advisory Board meeting (5:30 p.m.) and the BOCC Work Session (7:00 p.m.) FROM Link Government Services Center in Hillsborough TO the Southern Human Services Center, 2501 Homestead Road, Chapel Hill. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA Land Application of Biosolids Regional Forum 2009 The Board considered authorizing redirection of funds in an amount up to $6,000 from conducting a biosolids research project to an educational forum on land application biosolids. PUBLIC COMMENT: Chris Harlan asked the Board to support the request of the Health Department to reallocate the funds regarding the land application of biosolids for a research initiative for a community education effort. A well-respected group representing several environmental entities in Orange County met to develop a proposal based on what seems needed, appropriate, and feasible given the economic realities. She said that Health Director Dr. Rosemary Summers has provided background information for the change from this research agenda to that of an educational one. The original funds to pay for the proposed research came from an already tight Health Department budget and those funds are not sufficient to carry out a plan. The Health Department has been working since 2006 to design and pull together the people needed to carry out this agenda. She said that this is clearly an arena that the Health Department should and does take leadership with, and it is a matter of working together as a community to figure out what to do in the future. Pam Grogan said that she is a pathologist at UNC and she lives in Bingham Township. She said that she likes the benefits of organic gardening and she is not comfortable with the land application of sludge. She said that there is a lot that is unknown about this practice. She is concerned about the diversion of the funds from the research of testing to education. She is not sure how much information is available since no one knows from one day to the next what is in sludge, except that everything that goes down the drain is in sludge. She said that data are needed about what is in sludge. She would rather use some of the funds to test what is in the sludge. She said that she is not against having a forum, but she has some concerns about who is on the list and that most of the people on the list are in favor of land application of sludge. Nancy Holt thanked Rosemary Summers for securing and working for them to get the $10,000 in 2006. She said that she is concerned about the shift from gathering data to one of education. She asked who the people doing the education would be informing. She requested that the Board read the request about the study and write a letter of support to Steve Troxler, Commissioner of Agriculture, to get this done. Sue Dayton, from the Blue Ridge Environmental Defense League, said that a small group of them went to a food safety forum today at the state and she asked one expert, Don Zinc, about his opinion on sludge. Don Zinc is the Senior Science Advisor for FDA and used to be the Science Advisor for Campbell's Soup Company and Nestle'. Both companies prohibit their companies from purchasing any vegetables growing on sludge-applied land. She said that Don Zinc was not at Campbell's when this went into effect, but he was at Nestle'. She said that when she asked him about his opinion about sludge, his comment echoed much of what is on the salmon-colored sheet. She asked the Board of County Commissioners to not redirect the money to a regional education forum. She said that the USGS is extremely interested in this issue and it is looking for local governments to partner with. USGS has done a lot of study on this issue. Myra Dodson is Chair of Sewage Sludge Action Network. She said that the primary mission of this group is public education and awareness of the practice of application of sewer sludge. She said that Orange County has over 20 million gallons of sewage sludge spread on its farmlands per year. The entire composition of sludge is unknown. The cities of Burlington, Mebane, and Durham spread their sludge over Orange County, much of which is industrial and from Research Triangle Park. The composition of this sludge is unknown. She said that sewage sludge is freely spread on and near the banks of Orange County's creeks. She said that over 4,000 acres of Orange County has been sludged, is being sludged, or will be sludged in the future, and this figure goes up by more than 300 acres per year on average. She said that when OWASA fails to bring sewage sludge to Class A status, it is applied anyway without notification to the farmer or the neighbors. She said that 24% of Orange County's designated crop lands are sludged. She asked the County Commissioners to stand behind this research project until it is completed. Tom O'Dwyer said that he has served on the Commission for the Environment for three years and the Commission is asking the Board to reserve the funding for future research and to consider forming a task force to look further into biosolids and their use. He asked as an individual to revise the standards for the regulation of biosolids. He said that there are contaminants in the biosolids that are not being regulated. Commissioner Pelissier said that she appreciates the Board of Health's interest in this. She said that she had been serving on the Commission for the Environment before she became a Commissioner, and there are a number of parties interested in biosolids. She said that there is scientific data out about this topic that is concerning. She said that she has concerns about the different boards and departments who are interested in the same topics but not in a joint effort. She said that one of the priorities that the Board talked about at the retreat was better communication between the Board of County Commissioners and advisory boards and between the advisory boards. She would like a task force to discuss this issue. She also feels that it might be possible to find financial partners who may be interested in biosolids research. She would also like to defer the forum. Commissioner Hemminger agreed with Commissioner Pelissier. Commissioner Jacobs agreed with Commissioner Pelissier and said that the County Commissioners have had as a goal to try and get legislation to regulate the application of biosolids. He thinks that it would be better to put together people who may not agree so that the answers could be identified and some additional data could be collected. Commissioner Nelson agreed with everyone else and said that he is interested in drafting enabling legislation and making this a priority. Commissioner Gordon said that she agreed with what has been discussed by the Commissioners. She would like to take action to defer this forum and have the topic of biosolids at a work session this fall. Commissioner Yuhasz said that he has heard a request for more public education on this issue, and this forum is designed to provide more public awareness. He does not know why this money has not been spent to this point and he said that there is money to have this conference with experts on this issue and the stakeholders involved. He said that a delay would leave them with no education plan. He would like to go ahead with the forum and invite people that have knowledge about this issue. A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to defer action on the reassignment of funds for the biosolids study until the Board of County Commissioners has an opportunity to discuss this regional forum concept and to discuss the Commission for the Environment's April 20, 2009 memorandum on biosolids, which includes a request to form a multidisciplinary task force on the topic of biosolids; and to ask that this topic be placed on a Board of County Commissioners' work session this fall. Commissioner Nelson added an amendment to the motion to find out from the County Attorney about the County's legal options regarding this issue. Commissioner Gordon and Commissioner Pelissier agreed with the amendment. Commissioner Jacobs agreed with Commissioner Nelson, but he said to Commissioner Yuhasz that the Board of County Commissioners in 2006 had talked about this issue. He said that he hopes that when this comes back that it can be within a framework of how the County Commissioners can develop a strategy for achieving what has been on the legislative agenda for a number of years. VOTE: Ayes, 6; No, 1 (Commissioner Yuhasz) Approval of Proposed Emergency Medical Charge Review Process The Board considered adopting a proposed appeals process for a concerned resident to dispute a charge for emergency medical services rendered. A motion was made by Commissioner Jacobs, seconded by Chair Foushee to approve the proposed Emergency Medical Charge Review Process. VOTE: UNANIMOUS 5. Public Hearings a. Zoning Ordinance Text Amendment Relating to the Required Commencement of Construction Activities for Planned Developments The Board received the Planning Board recommendation and considered taking action on a staff initiated Zoning Ordinance Text Amendment to Section 7.2.8 Time Limit on Start of Construction of Planned Development of the Zoning Ordinance to modify existing regulations concerning the required timeline on the commencement of construction activities for planned development projects. Michael Harvey made reference to the salmon-colored sheet entitled, "An Ordinance Amending the Orange County Zoning Ordinance." He said that the Board has seen this version before. This item was presented at the May 18, 2009 Quarterly Public Hearing. There are revisions of the proposed amendments with strike and deletes highlighted in red. At the Quarterly Public Hearing, the Board requested some clarifications and the changes have been incorporated. The Planning Board has reviewed this item and has voted unanimously to approve the recommendation. He read the Manager's recommendation. Commissioner Jacobs pointed out that there was a request to see what Carrboro and Chapel Hill did about extending these kinds of permits, and that is not anywhere within the packet. This is the second time this has happened. It also happened with the drive-thrus where the Board had asked to see information about other jurisdictions and it was not provided. He urged the staff to review what the Board has asked for before bringing information back. He also made reference to Attachment 2, page 1, of the Planning Board minutes and asked that paragraphs not be an entire page long because it is hard to read. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to receive the Planning Board's recommendation and adopt the Ordinance amendment as detailed within Attachment One. VOTE: UNANIMOUS b. Zoning Ordinance Text Amendment Relating to Development Limits within Nodes The Board received the Planning Board recommendation and considered taking action on a staff initiated Zoning Ordinance Text Amendment to Section(s) 4.2.8 and 4.2.9 seeking to modify existing development limitations on non-residential development within Nodes. AGENDA ITEM: 5B PUBLIC HEARING Review of a proposal to amend Section(s) 4.2.8 and 4.2.9 of the Zoning Ordinance to modify existing standards governing the acceptable acreage of non-residential zoning within Nodes Rural Community Activity Node Locations: •Five (5) existing Rural Community Activity Nodes, •Limited to a total of five hundred (500) acres in each Node per the Comprehensive Plan, •Located around major road intersections and historic crossroads in the rural portions of the County, •Encourages limited non-residential development for local residents convenience needs (i.e. gas station, small grocery store, post office, agricultural services, etc). ISSUE: •The Zoning Ordinance establishes limits on the total amount of non-residential zoned property permitted within a Node, •The Ordinance would allow up to a total of nine (9) acres each of LC-1 or NC-2 zoned property but only in instances where existing density within a given Node is similar to existing `urban' Transition Areas, •If density within the Nodes is not similar to existing Transition Areas, non-residential zoning is limited to a cumulative amount of five (5) acres for each zoning district, •This amounts to only 2% of the land area within the Node. •The review of a recent rezoning petition brought these limitations under greater scrutiny, •Many Nodes already meet the 5 acre total for LC-1 and NC-2 zoned property •How can Nodes be developed at higher levels of non-residential development, as originally thought to be possible, and provide for BOCC involvement PROPOSAL: •Amend Section(s) 4.2.8 (b) (4) and 4.2.9 (b) (4) to increase the maximum allowable non- residential development within Rural Community Activity Nodes to ten (10) acres, •Continue to limit non-residential development within all other Nodes to five (5) acres (i.e. Five (5) acres of LC-1 and NC-2 zoning), and •Include a provision allowing the possibility of additional non-residential development with the submission, review, and approval of a Planned Development (PD) application RATIONALE: •Rural areas have seen an increase in population since the adoption of the 1981 Comprehensive Plan, •The Rural Community Activity Nodes allow for more non-residential development (i.e. convenience goods and services) to reduce the need to commute to urbanizing areas. •The remaining Nodes can still be developed at what staff has determined acceptable levels of intensity given their purpose as defined within the Comprehensive Plan Planning Board Recommendation: •Planning Board reviewed item at their June 3, 2009 regular meeting, •Board members indicated that there needed to be a comprehensive re-assessment of permitted uses allowed within each Node at a later date, •Voted unanimously to recommend approval of the proposal as presented by staff Administration Recommendations: •Receive the Planning Board recommendation, •Deliberate further on the matter, •Close the public hearing, •Adopt the Ordinance amendment: •Increasing the level of allowable non-residential zoning within the Rural Community Activity Nodes from 5 to 10 acres, •Keep other Nodes at 5 acres, and •Allow for additional non-residential development through the Planned Development review process. Commissioner Yuhasz asked to be excused due to a conflict of interest. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve allowing Commissioner Yuhasz to be excused. VOTE: UNANIMOUS There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: Ayes, 6, Nays, 0 (Commissioner Yuhasz excused from voting) A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the Planning Board's recommendation to approve a Zoning Ordinance Text Amendment to Section(s) 4.2.8 and 4.2.9 seeking to modify existing development limitations on non-residential development within Nodes. VOTE: 6-0 (Commissioner Yuhasz excused from voting) Commissioner Yuhasz returned. 6. Regular Agenda a. Jail Medical Services Contract The Board considered approving a contract for Jail Medical Services with Southern Health Partners, Chattanooga, Tennessee in the amount of $211,250; and authorizing the Chair to sign. Purchasing and Central Services Director Pam Jones said that this contract will save the County money and will provide a higher level of care. It is a one-year contract. Chair Foushee thanked Commissioner Jacobs for forwarding this information to the Board. Commissioner Hemminger asked if there was any review process and Pam Jones said yes. Commissioner Jacobs thanked the Sheriff for being here. He made reference to an article that he found on the internet regarding Davidson County and the troubles that it has had with medical services in the jail. He asked how the Sheriff would deal with oversight since the company is out of Tennessee. Sheriff Lindy Pendergrass said that the County will not be paying for any drugs —the company pays all of that. On site, there will be RNs at the jail 12 hours a day, which can make decisions about emergency room issues. There have never been RNs on site. This company has its own pharmaceuticals and they will pay up to $60,000, and then the County will pay the overage. Commissioner Jacobs said that Davidson County had RNs on-hand 16 hours a day and there was still a huge emergency room bill. He wants some assurance that there is a cap on this. Commissioner Pelissier asked if there was a provision for someone to be on-call when there is not anyone there. She said that she finds some of the terms of the contract vague and this makes her uncomfortable. Sheriff Pendergrass said that there is a doctor on the company's staff when there is a need for one and the RNs will do preventative care. The doctors are on call 24/7. RNs will be providing physicals as needed. Commissioner Pelissier said that she would like specificity in the contract about the on- call issue. She also made reference to page 5 and Elective Medical Care and asked if there was a list of elective medical care. Sheriff Pendergrass said that he is not aware of any. Interim County Manager Frank Clifton said that the Board of County Commissioners is obligated to provide a certain level of care. These medical firms do this under extreme liability. Commissioner Jacobs asked if it was in the contract that the doctor would be at the jail three days a week and Sheriff Pendergrass said yes. He said that the company would employ local RNs and a local doctor who could be at the jail within a few minutes. Commissioner Jacobs agreed that the on-call issue needs to be in the contract. Chair Foushee said that the contract does not say anything about the physician being in the jail three days a week, but it is only in the proposal. Pam Jones said that she would make sure that it gets put in the contract. Commissioner Hemminger said that it would be better to say 12 hours a day, 7 days a week for the RNs instead of saying 84 hours. Commissioner Nelson suggested making changes to the contract and bringing it back on the consent agenda. Pam Jones said that this service needs to be put into place as soon as possible. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve a contract for Jail Medical Services with Southern Health Partners, Chattanooga, Tennessee in the amount of $211,250; and authorize the Chair to sign, provided that the County Attorney reviewed and included in the contract, the proposed changes by the Board of Commissioners as follows: • On-call requirement • Doctor on-site three days a week • Specification that RNs will be on-site 12 hours a day, 7 days a week VOTE: UNANIMOUS b. Friends Funds To Continue Seymour Center Evening Hours The Board considered approving the acceptance of $4,576 from the Friends of the Robert and Pearl Seymour Center to maintain the current evening service hours as existed in the FY 2008-09 by employing non-permanent staff. Department on Aging Director Jerry Passmore said that the Friends want to give money to the County to increase the hours at the Seymour Center. In the budget, the County has cut two evenings a week. Commissioner Hemminger asked if all citizens would be able to attend these other two evenings and Jerry Passmore said yes. Commissioner Nelson said that he will vote for this, but he is concerned about some of this. On one hand, the County is not going to turn down money, but on the other hand, there could be a situation where more affluent parts of the County get more or better services because they have more money. Jerry Passmore said that the Seymour Center is larger and it has a larger service area and that it serves 2/3 of the senior population in Orange County. Commissioner Pelissier said that she agrees with Commissioner Nelson, but she feels comfortable with this because it is keeping services that were already there and were going to be cut. If it were going to increase services, then she would not be voting for it. Commissioner Gordon said that in a tight budget year these funds are appreciated. Commissioner Jacobs strongly supports Commissioner Nelson's comments. He said that there should be a policy about usage of this facility. He wants all County facilities to be open to all citizens. He wants to develop a facility use plan that states this. Chair Foushee agreed with all of that, and particularly what Commissioner Jacobs said. She said that there is an expectation that the County will absorb what has already been paid. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to accept the funds from the Friends of the Robert and Pearl Seymour Center to employ a non- permanent employee to maintain the Monday and Wednesday evening service hours at the Seymour Center and amend the Department on Aging budget with a $4,576 increase in the senior center operations account for this year only. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to instruct staff to develop a policy on non-exclusive usage of both senior centers so that they are available to all members of the public and including when receiving funds from a non-County entity for the purpose of extending the function of a County facility. VOTE: UNANIMOUS c. Divestiture of County Properties The Board considered setting minimum bid amounts for properties subject to divestiture and approving the Resolution Authorizing the Sealed Bid Sale. Pam Jones said that on April 71h the Board of County Commissioners declared four properties for divesting: - Clerk of Court Annex, 112 N. Churton Street, Hillsborough - Graham Building, 118 N. Churton Street, Hillsborough - Homestead Community Center, Chapel Hill - Highway 49 old ABC store, Cedar Grove The appraisals were finished over the summer break, and the appraised amounts are the recommended amounts for the minimum bids. The minimum bids are as follows: - Clerk of Court Annex- $450,000 - Graham Building - $130,000 - Homestead Community Center- $275,000 - Highway 49 old ABC Store - $5,000 There will be advertisements in the newspapers and signs will be posted on the buildings. It will also be put on the County website. There has been lots of interest on these properties. Bids will be accepted until October 13th and will be brought back to the Board on November 51h Commissioner Gordon said that the resolution does not indicate the minimum bids. She said the minimum bid amounts should be included in the resolution. Also, she does not think that the values are high enough. Pam Jones said that the appraisal company said that there was compressed time and they had trouble finding comparables because there is not a lot of property selling. They are confident in these amounts. Frank Clifton noted that the County could decide not to sell the properties if the Commissioners were not satisfied with the bid amounts. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the Resolution Authorizing Sealed Bid Sale (RES –2009 – 063) with amendments to set minimum bid amounts for the four properties subject to divestiture, and authorize the Director of Asset Management and Purchasing Services to carry out the sale pursuant to the process and timeline identified herein. VOTE: UNANIMOUS Resolution Authorizing Sealed Bid Sale with Upset Bid of Certain Real Property Owned by Orange County WHEREAS, Orange County owns property located at the following locations: - Highway 49 old ABC store, Cedar Grove—PIN# 9829408061 - Homestead Community Center, 600 Homestead Road, Chapel Hill—PIN # 9779086412 - Clerk of Court Annex, 112 N. Churton Street, Hillsborough—PIN # 9874066435 - Graham Building, 118 N. Churton Street, Hillsborough—PIN # 874065497 - 1914 New Hope Church Road, Chapel Hill, NC; PIN # 9872862049 WHEREAS, North Carolina General Statute 160A-268 permits the County to sell real property by advertisement and sealed bid; and North Carolina General Statute 160A-269 permits an upset bid, after receipt of an offer for the property; THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES THAT: 1. The Board of Commissioners hereby authorizes the sale of the following properties, by sealed bid, with minimum bids established as shown, and including an upset bid process following the close of initial bidding; - Highway 49 old ABC store, Cedar Grove—PIN# 9829408061; Minimum bid $5,000; - Homestead Community Center, 600 Homestead Road, Chapel Hill—PIN # 9779086412; Minimum bid $275,000; - Clerk of Court Annex, 112 N. Churton Street, Hillsborough—PIN # 9874066435; Minimum bid $450,000; - Graham Building, 118 N. Churton Street, Hillsborough—PIN # 874065497; Minimum bid $130,000; 2. The County will accept sealed bids until 10:00 AM local time, Tuesday, October 13, 2009. Bids shall be delivered to the office of the Director of Purchasing and Asset Management at 129 East King Street, Hillsborough, North Carolina. Bids will be submitted by property in separate, sealed envelopes marked clearly with the property name. 3. At 10:00AM, Tuesday, October 13, 2009 all bids received shall be opened in public and the amount of each bid recorded. 4. The record of bids shall be reported to the Board of Commissioners at their regular meeting on Thursday, November 5, 2009. The Board of Commissioners will take action which proposes to accept the offer, thereby commencing an upset bid process at this same meeting. Bids will remain open and subject to acceptance until the Board of Commissioners award the bids. 5. To be responsible a bid must be accompanied by a bid deposit of five percent (5%) of the amount of the bid. A bid deposit may take the form of cash, a cashier's check, a certified check, or a surety bond. The deposit of the bidder to whom the award is made will be held until sale of the property is closed; if that bidder refuses at any time to close the sale, the deposit will be forfeited to the County. The deposits of other bidders will be returned at the time the Board of Commissioners awards the property to the highest bidder, or until such time the original highest responsible bid is overturned by an upset bid. 6. In addition, to be responsible, a bidder must be current on payment of all property taxes owed to the County. 7. The County reserves the right to withdraw the property from sale at any time and the right to reject all bids. Adopted August 18, 2009. 7. Reports a. Rogers Road Area: Cross-Reference of Town and County Task Force Reports The Board received a report from staff representing a cross-reference of recommendations contained within the reports from the Town of Chapel Hill Small Area Plan Task Force and related historical background and considered authorizing staff to continue in coordination with Town counterparts relative to next steps. Assistant County Manager Gwen Harvey said that this is a follow-up from the June 16th meeting, when the County was asked to provide comments relative to the Town of Chapel Hill Small Area Plan. The report from the County task force was accepted as information only in December 2008. The small area plan was submitted under letter to the Mayor and is being handled by the Town of Chapel Hill Planning staff. All of this is in preparation for a quarterly public hearing when the small area plan will be addressed. She said that the request that was made to Congressman Price's office about federal funding to support this effort remains outstanding. Commissioner Jacobs asked about the restriction of garbage trucks on these roads and it was answered that it is on pagel3. Chair Foushee said that this was part of the discussion but not on the recommendations. Mr. Bonk said that it is his recollection that the task force did not address that and Rogers Road is a state road, which has no prohibition of trucks. Commissioner Jacobs said that the Town of Chapel Hill is not going to be ready by the JPA Public Hearing in October, so before the JPA date is released, it should be used for something else. PUBLIC COMMENT: Chris Heaney from UNC Epidemiology submitted a handout. Date: 8/18/09 Preliminary findings of a household survey of water and sewer infrastructure in the Rogers-Eubanks community Background: Scientists at the University of North Carolina at Chapel Hill Gillings School of Global Public Health (UNC) and Rogers-Eubanks Neighborhood Association (RENA) community members collaborated to develop a household survey of water and sewer infrastructure. Household survey data and drinking water samples were collected during the summer of 2009. Response rate, number of households and individuals: By reviewing records provided by the Orange Water and Sewer Authority (OWASA) in August, 2008, RENA identified 73 households as located in the Rogers-Eubanks community. Of these, 38 (52%) were approached. Of the 38 households approached, a total of 27 households (71%) completed a survey, with one adult household member providing responses for additional household members. A total of 58 individuals lived in the 27 households surveyed. A total of 21 drinking water samples were collected from 20 of the 27 households surveyed (74%). Demographic and household features: Twenty-six households reported African-American (96%) race/ethnicity and one reported White/Caucasian (4%) race/ethnicity. Just over one-third of the respondents were above the age of 65. Nearly two-thirds of households reported an annual household income of <$30,000 and 79% of households reported up to 2 or more people living in a household. One quarter of the respondents reported that they had a job or occupation, which included keeping house or going to school, as well as working for pay or profit. Forty-one percent of the homes were built 30 or more years ago and just under half reported living in their home for 30 years or longer. Forty-six percent of respondents reported needing urgent home repairs including plumbing (31%), roof (31%), ceiling (23%), floors (15%), windows/doors/winterizing (31%), electrical (15%), and other (disability ramp) (15%). Characteristics and vulnerability of household wells: Fourteen households (52%) reported having an operating private well. The median year of well construction was 1962 (with the oldest constructed in 1949 and the most recent in 2005). Signs of well vulnerability were common and included failure of the well pump (85%); a cloudiness, taste or smell of well water (79%); and a need for disinfection of the well with chlorine (21%). All of the well owners surveyed had one or more of these signs of well vulnerability. Half of well owners surveyed reported using their well as their primary drinking water source. There was evidence of higher drinking water turbidity and fecal coliform concentrations at households with wells than at those with regulated public drinking water (turbidity: x2 value=11.0979, 1 degree of freedom, p<0.0009; fecal coliforms: x2 value=4.7473; 1 degree of freedom, p<0.0293) (Table 1 and Table 2). Fecal coliform and E. coli concentrations in well water in the Rogers-Eubanks community exceeded the Environmental Protection Agency (EPA) maximum contaminant limit (MCL) of zero MPN/100 ml, set under the Safe Drinking Water Act (SDWA) amendments of 1996 (Table 2). Turbidity, fecal coliform, E. coli, and enterococci levels observed in well water in the Rogers-Eubanks community suggest fecal contamination of household ground water supplies (Table 2). Characteristics and failure of private household septic systems: Twenty-one households (78%) reported having a private household septic system. The median year of septic system construction was 1971 (with the oldest constructed in 1926 and the most recent in 2008). Signs of septic system failure were common with 24% reporting a septic tank pumping frequency of at least once a year; 10% reporting septic discharge making the yard wet; 30% reporting septic back-up into the home; and 30% reporting septic system malodor. Seventy percent of the septic system users surveyed reported one or more these septic system failures. Willingness to connect to, and ability to pay for regulated, public water and sewer service: Survey respondents said that if a connection could be provided to them free of charge, they would be willing to connect to: public water only (4%); connect to public sewer only (19%); connect to both (63%); connect to neither (7%), or didn't know whether they would be willing to be connected (7%). Just over half (54%) of respondents said that if they were connected, it would be affordable to pay a monthly water and sewer bill. Annexation willingness and formation of a neighborhood conservation district: Over half of respondents (52%) said that they would be willing to sign a petition to be annexed into town limits and 28% said they didn't know. Reasons respondents said they would be willing to sign an annexation petition included connection to Orange Water and Sewer Authority (OWASA) services (47%); access to community development block grant (CDBG) funding for home repairs such as winterizing (59%); right to vote in town elections (63%); and voice in zoning of property (65%). Thirty-one percent of survey respondents reported that they would be willing to sign a petition to create a neighborhood conservation district as a strategy to ease possible tax increases as a result of annexation. Over half (54%) said they did not know their answer to this question. 25 TABLE 1. Preliminary Findings of Drinking Water Turbidity (NTU) at Target and Referent Households in the Rogers-Eubanks Community. Turbidity (NTU) Target Referent Mean 26.3* 0.74* Standard deviation 62.9 1.6 Median 5.5 0.2 Minimum 0.3 0.1 Maximum 231 4.7 Total no. of samples 13 8 No, of samples exceeding EPA MCL of<1 NTU 9 1 Note. Target = well water; Referent = public water; NTU = nephelometric turbidity units; * = P<0.001; EPA= Environmental Protection Agency; MCL = maximum contaminant limit; EPA MCL for drinking water turbidity is <1 NTU. 32 33 TABLE 2. Preliminary Findings of Drinking Water Fecal Indicator Bacteria Concentrations (MPN/100 ml) at Target and Referent Households in the Rogers-Eubanks Community. Fecal coliforms (MPN/100 ml) E. co/i(MPN/100 ml) Enterococci (MPN/100 ml) Target Referent Target Referent Target Referent Minimum Below detect Below detect Below detect Below detect Below detect Below detect Maximum 236 Below detect 1 Below detect 1,553 Below detect Total no. of samples 13 8 13 8 13 8 No. of samples exceeding zero MPN/100 ml 6 0 1 0 1 0 Note.Target =well water; Referent= public water; MPN = most-probable number; Below detect= less than 1 MPN/100 ml; MCL= maximum contaminant limit; EPA single sample MCL for fecal coliforms and E. coli in drinking water is zero MPN/100 ml. 34 Chair Foushee said that she wants the public to know that the County is moving 35 forward to do what it can to obtain required funding with this project. 36 37 Reverend Robert Campbell said that he has meeting notes from July 8, 1997 and the 38 list has not changed from task force to task force. He said that the trucks were mentioned and 39 it was an item of interest and should have been part of the report. He reminded the County 40 that there was supposed to be a task force that would help in finding funding for the water. He 41 said that the water is an issue in this area. 42 Commissioner Jacobs said that he does not want to lose reference on the trucks on 43 Rogers Road. 44 A motion was made by Commissioner Pelissier, seconded by Commissioner 45 Hemminger to receive the Rogers Road Area: Cross-Reference of Town and County Task 46 Force Reports and related historical background; and authorize County staff to continue in 47 coordination with Town counterparts relative to next steps. 48 VOTE: UNANIMOUS 49 50 8. Board Comments - Deferred 51 52 9. County Manager's Report - Deferred 53 54 10. Appointments 26 1 a. Advisory Board on Aging — New Appointment 2 The Board considered making one new appointment to the Advisory Board on Aging. 3 A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to 4 appoint Dr. Janice Wells to Position #3 to the Advisory Board on Aging with a term expiring 5 June 30, 2010. 6 VOTE: UNANIMOUS 7 8 b. Board of Health — New Appointments 9 The Board considered making new appointments to the Board of Health. 10 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz 11 to appoint the following: 12 Position Number Special Representation Expiration Date 5 Dr. Michael Carstens Optometrist 6/30/2012 6 Christopher Cooke Citizen/Commissioner appt. 6/30/2012 7 Tony Whitaker Professional Engineer 6/30/2012 10 Dr. Paul Chelminski Physician 6/30/2010 13 14 VOTE: UNANIMOUS 15 16 11. Information Items 17 18 • Bradshaw Quarry Road Solid Waste Convenience Center Closure 19 20 12. Closed Session-NONE 21 22 13. Adjournment 23 Commissioner Gordon said that Orange County's Environmental Summit is on 24 Saturday, September 12th from 10am to 12noon, in the North Carolina Botanical Garden's 25 new Education Center. Also the 2009 State of the Environment Report is being released. 26 Commissioner Jacobs asked for the agenda for Thursday night regarding the 27 information session with Alamance County. 28 29 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to 30 adjourn the meeting at 10:37 PM. 31 VOTE: UNANIMOUS 32 33 34 Valerie Foushee, Chair 35 36 Donna S. Baker, CMC 37 Clerk to the Board