HomeMy WebLinkAboutMinutes - 20090616 1
APPROVED 9/1/2009
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 16, 2009
7:00 p.m.
The Orange County Board of Commissioners met in regular session on
Tuesday, June 16, 2009 at 7:00 p.m. at the Southern Human Services Center in
Chapel Hill, NC.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and
Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson,
Bernadette Pelissier, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant
County Managers Willie Best and Gwen Harvey, and Deputy Clerk to the Board
David Hunt (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
Commissioner Foushee reviewed the documents at their places:
- Updated water supply report (aqua)
- Revised item 4-v, Encroachment Agreement for Sidewalk
Construction Associated with Justice Facility Project (light blue)
- Response to item 6-a, Approval of Fiscal Year 2009-10 Budget
Ordinance, Capital Project Ordinances, and Grant Project
Ordinances (mauve)
- Two memos from Commissioner Gordon regarding item 6-2-c, Solid
Waste Transfer Station Site Search Process — Millhouse Road
Suggestion (lime green and bright yellow)
- Letter from the County Attorney in reference to the Chair's request
on item 4-r, Lease Renewal — Bradshaw Quarry Solid Waste
Convenience Center.
Chair Foushee recognized County Manager Laura Blackmon for her
service to Orange County and said that this is her last official meeting. On
behalf of the Board of Commissioners, she thanked Laura Blackmon for her
hard work and wished her well.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2
2. Public Comments
a. Matters not on the Printed Agenda
Reverend Robert Campbell read a prepared statement, as follows:
"Good evening. I'm Minister Robert Campbell representing the Rogers-
Eubanks Neighborhood Association.
I'm here tonight to ask about resolutions that have been presented by
the Rogers-Eubanks Neighborhood Association that haven't made it into the
agenda and to which we've received no response.
1) What has the Board of County Commissioners done to act on the
resolution presented over a year ago requesting public water and
sewer for the Rogers-Eubanks community that was promised when
the landfill was created in 1972, that was restated when the landfill
was expanded in 1995, was acknowledged again in the final
resolution of the enhancement task force in 2007, and was yet again
recognized by the Assembly of Governments this past Spring?
2) Why hasn't the BOCC voted on the resolution presented on May 18th
that reestablishes Millhouse and Rogers Road as one community? I
am providing another copy for the record this evening —we invite you
to read and act upon the resolution at your earliest opportunity.
3) And finally, I'd like to clarify the origin of the map that has been
circulated by the County that shows incorrect boundaries of the
Rogers-Eubanks neighborhood and leaves out the Millhouse Road
portion of our neighborhood. This map was created during the
enhancement task force negotiations. When we presented the true
Rogers-Eubanks community boundaries, we were told by
government officials, `We can't do it all --- we have to start
somewhere.' The map that is circulating as a result of that meeting
was created to define a starting point for water and sewer services,
not to define the true boundaries of the Rogers-Eubanks community.
This map shows the boundaries of the historic Rogers-Eubanks
community." He pointed to a map.
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. Proposed UNC Hospital in Hillsborough Economic
Development District
The Board received from William L. Roper, Dean of the UNC School of
Medicine, Vice-Chancellor for Medical Affairs, and Chief Executive Officer of the
UNC Health Care System; on the proposed UNC Hospital to the potentially
located in Hillsborough.
Dean Roper made a brief PowerPoint presentation.
Agenda
I. Project Overview
II. Project Purpose
3
III. Site Isometric Drawing
IV. Site Plan/CON Program
V. Economic Impact Study
I. Project Overview
CON (Certificate of Need Agency) Submitted April 15, 2009
CON decision on 10/13/09
New Hospital Summer 2013
II. Project Purpose
Decompress crowded inpatient units and replace out-dated facilities by
relocating services to an academic medical center satellite in
Hillsborough
- The Hillsborough Campus will improve access to UNCH services
- Campus will have the ability to grow in phases to meet future needs
- Set a footprint for future growth and experience
III. Site Isometric Drawing (drawing)
IV. Site Plan
CON Program
Patient Beds: 68
Surgery: 6 Ors
Emergency Department
Imaging
Support
V. Economic Impact Study (Tripp Umbach)
The Tripp Umbach firm was retained by the University of North
Carolina Hospitals (UNCH) to conduct an economic impact study
of expanding the hospital system to a new campus in
Hillsborough, NC. Some preliminary findings of the impact of this
facility by 2013 are:
- Total employment impact from hospital operations is anticipated to
generate a total of 1,893 jobs annually
- Projected total staff at this facility is anticipated to be 581 people of
which 266 will be new hires in 2013
- Construction is anticipated to generated 2,537 direct and indirect
jobs
- Construction is anticipated to have an impact of $33.6 million in the
local economy
- Town and County government entities are anticipated to receive $1.1
million in annual local revenues
4
Dean Roper said that he met with Chair Foushee and Hillsborough
Mayor Tom Stevens last month about this.
Commissioner Gordon asked if this facility was going to be self-standing
and if there would be a lot of interaction with the main hospital. If so, she asked
if UNC Hospitals would have its own transportation system.
Dean Roper said that they expect a lot of interaction with UNC. He said
that this will be a branch of UNC Hospitals and there will be shuttles.
Commissioner Hemminger said that this proposal is very exciting.
Commissioner Nelson said that he is very excited about this possibility
since he lives in Hillsborough. He said that for County government, this is a
chance to do a lot of creative economic development around this area. He said
that by taking this property off of the tax rolls, there is a down side for the Town
of Hillsborough, and he hopes that UNC Hospitals will work with the Town to
mitigate some of these losses.
Dean Roper said that the Mayor said the same things and they will work
constructively with the Town of Hillsborough.
b. Orange County Partnership To End Homelessness
Community Report
The Board received a presentation on the first Annual Community Report
of the Orange County Partnership to End Homelessness.
Commissioner Pelissier said that she is the Commissioner representative
on this group. She distributed the annual report. She said that one of the goals
of this group is to reduce chronic homelessness. Outreach is an important goal
of this group and through this they have engaged over 279 homeless individuals
and 10 have received housing.
Another goal is to increase public participation. A new effort that is
starting is the reading of "The Soloist" — a book that chronicles the struggles of
the homeless. During the week of September 13-19, there will be community-
wide discussions on this book. She said that the Towns of Carrboro and Chapel
Hill are being encouraged to participate.
4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by
Commissioner Pelissier to approve those items on the consent agenda as
stated below:
a. Minutes
The Board approved the following minutes as submitted by the Clerk to the
Board: May 5, 2009.
b. Appointments — None
c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference,
related to 30 requests for motor vehicle property tax releases or refunds.
d. Property Tax Refunds
The Board adopted a refund resolution, which is incorporated by reference,
related to two (2) requests for property tax refunds.
e. Property Tax Releases
5
The Board adopted a resolution, which is incorporated by reference, to release
property values related to seven (7) requests for property tax release.
f. Property Value Changes
The Board adopted a resolution, which is incorporated by reference, approving
changes made in property values after the 2008 Board of Equalization and
Review has adjourned.
Applications for Property Tax Exemption/Exclusion
The Board approved seven (7) untimely exemptions for exemption/exclusion
from ad valorem taxation for the 2008 tax year.
h. Classification and Pay Plan Amendment—Add Value Engineer
Classification
This item was removed and placed at the end of the consent agenda for
separate consideration.
i. Resolution of Approval — Underwood Conservation Easement
Donation
This item was removed and placed at the end of the consent agenda for
separate consideration.
Lease Arrangements for 6823 Millhouse Road
The Board authorized staffs from Purchasing and Central Services and ERCD
to make arrangements to lease the house and curtilage at 6823 Millhouse Road.
The actual lease agreement will be brought back for Board approval after the
summer break.
k. License Agreement for Agricultural Use (Future Northeast District
Park)
The Board authorized the County to enter into a licensing agreement for the use
of the future Northeast District Park property for agricultural activities, subject to
final review by staff and the County Attorney and authorized the Chair to sign on
behalf of the Board.
I. Bid Award for Fairview Community Park
The Board awarded a bid and approved a contract for construction of Fairview
Community Park to McQueen Construction, Bahama, N.0 in an amount not to
exceed $588,500 for the construction of Fairview Community Park, contingent
upon County Attorney review and authorized the Chair to sign on behalf of the
Board; approved payment-in-lieu of $175,023 from the Cheeks/Hillsborough
District for additional Park alternates; and authorized PARTF funds, if received,
to be used for remaining bid alternates; and authorized the Manager or Interim
Manager to sign change orders to the extent of the Project Budget.
m. Agreement Renewal with Community Respite Care Providers and the
Department on Aging
The Board authorized renewing agreements between community respite care
service providers and the Department on Aging; and authorized the Manager to
sign the agreements.
n. Renew Agreement Between Triangle Transit and Orange County to
Operate the Public Route #420 (Chapel Hill to Hillsborough)
The Board renewed an agreement with Triangle Transit and Orange County
allowing Orange Public Transportation to operate public route #420 during the
non-peak hours and Triangle Transit to provide financial support for the
services.
6
o. Hillsborough Park-Ride Lot Rental Agreement at North Hills
Shopping Center
The Board approved a Hillsborough park/ride lot agreement between Orange
County and the Cates Family Limited Partnership to rent 25 spaces at the North
Hills Shopping Center in order to accommodate daily commuters riding the
Triangle Transit Public#420 route.
Agreement for Orange County Library Public Art Project
The Board authorized the County Manager to sign the Orange County Library
Public Art agreement with the artist team of Michael Waller and Leah Foushee,
contingent upon final review by staff, the County Attorney, and the Historic
Hillsborough Commission.
Bid Award: Six (6) Thirty Cubic Yard Recycling Roll Off Containers
The Board awarded a bid to Bakers Waste Equipment from Morganton, North
Carolina for the purchase of six (6) cubic yard Rectangular Recycling Roll Off
Containers for the Recycling Division of the Department of Solid Waste
Management at a cost of $27,066; and authorized the Purchasing Director to
execute the necessary paperwork.
r. Lease Renewal — Bradshaw Quarry Solid Waste Convenience Center
The Board approved the lease renewal for the period of July 1, 2009 through
June 30, 2014 at a cost of $400 per month and authorized the Chair to sign on
behalf of the Board subject to final review by staff and the County Attorney and
approval of the FY 2009-10 budget.
s. Revision of the County's Water Conservation Ordinance to
Incorporate the BOCC Approved Revisions to the Portion of the Ordinance
Applicable to the OWASA Service Area
The Board adopted a revised County Water Conservation Ordinance that
incorporates the Orange Water and Sewer Authority (OWASA) revised Water
Conservation Ordinance standards and provisions applicable to the OWASA
customers within the unincorporated area of Orange County (the revised
standards and provisions were specifically approved by the Board of May 5,
2009 regular meeting) as follows: (Chapter 36, ARTICLE II. WATER
CONSERVATION) specifically incorporating the new DIVISION 2. YEAR
ROUND CONSERVATION OF WATER AND FOR TEMPORARY
RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES
RELATED TO ALL ORANGE WATER AND SEWER AUTHORITY
CUSTOMERS LOCATED IN THE UNINCORPORATED PART OF ORANGE
COUNTY.
t. Demolition of Former Animal Shelter Building in Chapel Hill
The Board authorized staff to execute a contract in an amount not to exceed
$43, 950 for demolition of the former Animal Shelter building located off
Municipal Drive in Chapel Hill.
u. Asbestos Abatement at Former Animal Shelter Building
The Board approved a contract with EHG (Environmental Holdings Group, LLC)
of Morrisville, N.0 for abatement of asbestos containing materials at the former
Animal Shelter located off of Municipal Drive in Chapel Hill, and authorized the
Interim County Manager/Purchasing Director to sign the contract document .
v. Encroachment Agreement for Sidewalk Construction Associated
with Justice Facility Project
7
The Board approved a Three Party Right of Way Encroachment Agreement
among the North Carolina Department of Transportation, Orange County and
the Town of Hillsborough that allows the construction and maintenance of a
sidewalk along Churton Street to serve the Justice Facility, and authorized the
Chair to sign on behalf of the Board.
w. Animal Services Facility Telephone Utility Right of Way Agreement
The Board approved the dedication of this Right-of-Way to BellSouth
Telecommunications, Inc. as presented contingent on final approval by the
County Attorney; and authorized the Chair to sign on behalf of the Board.
x. Legal Advertisement for Quarterly Public Hearing -August 24, 2009
The Board approved the proposed legal advertisement for items to be
presented at the joint Board of County Commissioners/Planning Board Quarterly
Public Hearing (QPH) scheduled for August 24, 2009.
Authorization to Pursue Federal Stimulus Grant Opportunities
The Board authorized staff to pursue any federal stimulus grant opportunities
during the summer break in consultation with the Chair (or with the Vice-Chair in
the event the Chair is not available); authorized the Chair (or with the Vice Chair
in the event the Chair is not available) to sign any documents requiring elected
official's signature related to pursuing federal stimulus grant opportunities;
authorized the Interim Manager to sign any document related to pursuing
federal stimulus grant opportunities not requiring an elected official's signature;
and directed staff to provide a summary of any federal stimulus grant
opportunities pursued as outlined above at the Board's August 18, 2009 regular
meeting.
z. Resolution Endorsing Comprehensive Transportation Planning
Study for Orange County
The Board approved the Resolution endorsing a comprehensive transportation
planning study for Orange County and the participation of staff and the Orange
Unified Transportation Board (OUTBOARD) in assisting the N.C. Department of
Transportation (NCDOT) Planning Branch in the comprehensive transportation
planning process.
aa. Commission for Women — Domestic Violence Shelter Work Group
Charge
The Board adopted the proposed charge to the Commission for Women —
Domestic Violence Shelter Work Group as follow up to the May 5, 2009 BOCC
discussion.
bb. Amendment to Parking Deck Lease
The Board approved an amendment to the Parking Deck Lease modifying the
boundary line between the office building and parking deck to reflect as-built
conditions and authorized the Chair to sign.
cc. Consolidated Housing 2008 Plan Update Amendment
The Board adopted a resolution approving an amendment to the 2008
Consolidated Housing Plan Annual Update.
dd. Impact Fee Reimbursement— Habitat for Humanity
The Board approved the impact fee reimbursement request from Habitat for
Humanity of Orange County, NC, Inc. for$15,000 for five new homes.
ee. Orange County Community Development (CDBG) Program -ARRA
The Board confirmed the submission of an application for Small Cities
Community Development Block Grant Program funds to the N.C. Department of
8
Commerce from the American Recovery and Reinvestment Act of 2009 (ARRA)
in the amount of $500,000 and ratified the Chair's signature on the application.
ff. Public Private Partnerships -West Ten Soccer Center
This item was removed and placed at the end of the consent agenda for
separate consideration.
gg, Resolution Supporting an Alternative Method of Recognizing
Veterans Status for Merchant Marine Seamen from World War II
The Board adopted a Resolution Supporting An Alternative Method of
Recognizing Veterans Status for Merchant Marine Seamen from World War II
and authorized the Chair to sign.
hh. Contract to Prepare an Indirect Cost Plan
This item was removed and placed at the end of the consent agenda for
separate consideration.
ii. Change in BOCC Regular Meeting Schedule for 2009
The Board amended its regular meeting calendar for year 2009 by:
- Adding a meeting (closed session) on Thursday, August 20, 2009 at
5:30 p.m. at the Link Government Services Center, 200 South
Cameron Street, Hillsborough, NC for the purpose of "to consider the
qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an
individual public officer or employee or prospective public officer or
employee" NCGS 143-318.11 (a)(6). This meeting will take place
prior to the BOCC Work Session at 7:00 p.m. at Link Government
Services Center.
ji Fiscal Year 2008-09 Budget Amendment #9
The Board approved budget, grant, and capital project ordinance amendments
for fiscal year 2008-09 for Department of Social Services, Department on Aging,
Orange Public Transportation, Solid Waste Equipment Financing, Human Rights
and Relations, Efland Sewer Operating Fund, Governing and Management,
County Capital Project Ordinance, Sportsplex Enterprise Fund, Value-Added
Processing Center, Health Department, Juvenile Crime Prevention Council,
Solid Waste Department, and Animal Services.
kk. Resolution Endorsing American Recovery and Reinvestment Act
(ARRA) Grant Agreements with the North Carolina Department of
Transportation
The Board endorsed the Resolution Accepting Conditions in the Project
Agreement with NCDOT to construct a 10-foot asphalt multi-use trail through
Twin Creeks Park (Moniese Nomp), and authorized the Interim County Manager
to sign the agreement; and authorized the Interim County Manager to sign the
Project Agreement with NCDOT for the purchase of two 28-foot light transit
vehicles, subject to final review and approval by the County Attorney and others
to ensure the County's policies and procedures adhere to federal requirements
of the agreement.
II. Employment Agreement for Frank Clifton- Interim Orange County
Manager
The Board approved the terms of an employment agreement with Frank Clifton
as Orange County Interim Manager
VOTE ON CONSENT AGENDA: UNANIMOUS
9
ITEMS REMOVED FROM CONSENT AGENDA:
h. Classification and Pay Plan Amendment—Add Value Engineer
Classification
The Board considered amending the Orange County Classification and
Pay Plan to reflect the addition of the Value Engineer classification, with a
proposed pay grade of 26.
Commissioner Gordon asked staff about what is budgeted for salaries
and which department.
Purchasing and Central Services Director Pam Jones said that the
amount budgeted is the $64,000 and is in the Purchasing and Central Services
budget. She said that the work they did to budget this position happened
before this came back from the Archer Study, but it will be absorbed.
A motion was made by Commissioner Hemminger, seconded by
Commissioner Yuhasz to amend the Orange County Classification and Pay Plan
to reflect the addition of the Value Engineer classification, with a proposed pay
grade of 26.
VOTE: UNANIMOUS
i. Resolution of Approval — Underwood Conservation Easement
Donation
The Board considered a resolution to approve the acceptance by
Orange County of a conservation easement donation to protect a portion of the
Underwood property and authorizing the Chair and the Clerk to the Board to
sign the conservation easement, subject to final review by the County Attorney
and staff, with a closing and recordation of the document expected to occur on
or about August 31, 2009.
Commissioner Jacobs said that he removed this item so that the Board
could recognize Ms. Barbara Underwood, who is here tonight. He thanked Ms.
Underwood for the conservation easement.
Barbara Underwood thanked the Board of County Commissioners for
allowing her to take part in this program.
A motion was made by Commissioner Jacobs, seconded by
Commissioner Gordon to adopt the resolution approving the acceptance by
Orange County of the conservation easement and authorize the Chair and the
Clerk to sign the conservation easement agreement, subject to final review by
staff and County Attorney, with a closing and recordation of the document
expected to occur on or about August 31, 2009.
VOTE: UNANIMOUS
ff. Public Private Partnerships -West Ten Soccer Center
The Board considered partnerships with members of the business
community in the development and operations of the West Ten Soccer Center
and authorizing the Chair to sign associated contracts or agreements pending
review by the County Attorney.
Commissioner Gordon verified that if no other partners come forward,
the park naming rights will be sold to Eurosport for$30,000 a year for five years.
10
She asked about the other funding entities that could get naming rights and how
much potential money could be received.
Parks and Recreation Director Lori Taft said that it depends on how
much they can raise for the different entities within the park. She said that there
are 10 areas to name.
Commissioner Gordon asked about the adequacy of the $30,000
payment for the whole complex to be called Eurosport Center and Lori Taft said
that is what they could get. She said that there might be a higher value placed
on it once Buckhorn Village comes to fruition. She thinks that it is very
generous of Sports Endeavors to offer this because it is for the community and
Eurosport is a worldwide organization.
Commissioner Jacobs agreed with Lori Taft that it is a community-
minded effort by Sports Endeavors since this is an Orange County business.
A motion was made by Commissioner Jacobs, seconded by
Commissioner Yuhasz to approve the partnership with Sports Endeavors and
the name Eurosport Soccer Center for the next five years. Further, the Board
authorizes partnerships that may be established within the next few months for
the naming rights of individual facilities within the Center and authorizes the
Chair to sign associated contracts or agreements pending review by the County
Attorney.
VOTE: Ayes, 6; No, 1 (Commissioner Nelson)
hh. Contract to Prepare an Indirect Cost Plan
The Board considered a contract with Maximus for preparation of a
Cost Allocation Plan and authorizing the Chair to sign
Commissioner Gordon said that this is the indirect cost plan that is put
in place for grants. She had brought this up in the past about when the county
billed for indirect costs and she asked Financial Services Director Gary
Humphreys to confirm that the methodology could be used for all indirect costs.
She asked if the County could routinely start charging indirect costs where it is
appropriate.
Gary Humphreys said that the indirect cost plan distributes costs to all
departments.
A motion was made by Commissioner Gordon, seconded by
Commissioner Nelson to approve the three-year contract with Maximus for a
cost allocation plan and authorize the Chair to sign, and to direct staff to start
charging indirect costs in any cases where it is deemed appropriate.
VOTE: Ayes, 6; No, 0 (Commissioner Jacobs was not in the room)
Laura Blackmon said that the issue of indirect costs is on the list for
discussion in the fall.
5. Public Hearings
a. Orange County Community Development (CDBG) Program
The Board considered comments from the public regarding the FY 2009
Small Cities Community Development block Grant Program.
Housing and Community Development Director Tara Fikes summarized
this information from the abstract.
11
The N. C. Department of Commerce — Division of Community Assistance
has announced the availability of funds for infrastructure projects in the state
that eliminate severe water and wastewater (sewer) problems with health and
environmental consequences. Approximately $2 million is available in this
category with a maximum per community of $750,000. There is also a five
percent match requirement by local government.
The application window ends Friday, June 30, 2009. By that date,
interested applicants must submit a Letter of Interest, a Preliminary Engineering
Report (PER), and beneficiary surveys in order to be considered for a future
application for these funds.
After initial public comment is received and if there is interest in pursuing
CDBG funding, County staff will work to assemble the required information
delineated above for submission to the Division of Community Assistance.
PUBLIC COMMENT:
Robert Campbell said that so often his community has come before the
Board of County Commissioners and the requests have always been to find
funding to provide and complete the water lines that were started in 2001 for the
residents of the Rogers Road area, especially to Ms. Gertrude Nunn. He said
that now that the animal services center has been completed, there is still no
water line for Ms. Gertrude Nunn. He said that one of the reasons that Ms.
Nunn was not connected at first because the animal services center was not
online and she would not have used enough water. This is not the case
anymore. He said that Ms. Nunn could not be connected to the infrastructure
that is connected to the animal services facility. He asked the County
Commissioners to look at the human aspect and the disparities that have been
created by the operations of the solid waste facility. He said that the
neighborhood that has always been here is being denied public access to a
public drinking water and sewage service.
Commissioner Jacobs asked to see a copy of the discussion from 2001
about serving Ms. Nunn's property. He thinks that Robert Campbell is correct.
Chair Foushee agreed.
Commissioner Hemminger asked about a cost projection for this.
Staff will bring this information back.
A motion was made by Commissioner Hemminger, seconded by
Commissioner Nelson to close the public hearing.
VOTE: UNANIMOUS
6-1. Regular Agenda (SITTING AS THE ORANGE COUNTY HOUSING
AUTHORITY)
a. Orange County Housing Authority Bylaws Revision and
Board Member Resignations
The Board considered approving the proposed revision of the Bylaws of
the Orange County Housing Authority; and resigning as the Board of
Commissioners of the Orange County Housing Authority.
A motion was made by Commissioner Jacobs, seconded by
Commissioner Hemminger to suspend the BOCC meeting and convene as the
Orange County Housing Authority.
12
VOTE: UNANIMOUS
Tara Fikes said that staff asks that the Orange County Housing Authority
consider a revision to the bylaws. The bylaws were approved in 2008, but in
Article 2, Section 4, there was a provision that each Commissioner hold office
for a term of three years. The State statute now says five years. The County
Attorney recommends that it say, "that the term of office would be that as
prescribed by the Housing Authority of the State of North Carolina."
Commissioner Gordon made reference to the background materials,
which says that the Housing Authority is called the Board of County
Commissioners by law. She said that she went all through the bylaws and could
not find that one person has to be designated Executive Director.
Tara Fikes said that in Article 2, Section 1 says that the Housing
Authority/Board of Commissioners shall consist of seven Commissioners, and in
Section 3, it talks about the resident Commissioner, that at least one of the
Commissioners must be a person who is directly assisted by the Authority.
Commissioner Gordon said that she had hoped that the changes would
be highlighted. She suggested having a Section 3 on membership with `a' being
about the resident Commissioner and `b', "another member of the
Commissioners should be Executive Director."
A motion was made by Commissioner Gordon, seconded by
Commissioner Jacobs to approve the proposed revision of the Bylaws of the
Orange County Housing Authority with the changes as made by Commissioner
Gordon, and to resign as the Board of Commissioners of the Orange County
Housing Authority.
Commissioner Jacobs said that he was not clear who the Executive
Director was and if they would receive compensation. Tara Fikes said that she
had been serving as Executive Director and the old bylaws did indicate
compensation.
County Attorney John Roberts said that he has not reviewed this and
Geof Gledhill had been working on this and is still working on this.
Commissioner Jacobs made reference to the terms and asked about
putting an asterisk and say "five-year term as of 2009." If there is no term
mentioned, no one will remember what it was.
Tara Fikes said that the attorney was concerned that they would not
have to come back each time the statute changes and it is a statutory change
automatically.
John Roberts said that a footnote would be fine for the five-year term in
2009. Commissioner Jacobs asked to have the footnote for the five
year term in 2009 added to the motion and Commissioner Gordon
agreed.
VOTE: UNANIMOUS
With that motion, the Board of County Commissioners resigned as the
Orange County Housing Authority and reconvened as the Orange County Board
of Commissioners.
13
6-2. Regular Agenda
a. Approval of Fiscal Year 2009-10 Budget Ordinance, Capital
Project Ordinances, and Grant Project Ordinances
The Board considered approving the Fiscal Year 2009-10 Budget
Ordinance, Capital Project Ordinances, Grant Project Ordinances and Fee
Schedule.
Budget Director Donna Coffey said that at the June 11th work session
the Board of County Commissioners approved motions concerning the intent to
adopt the upcoming year's budget ordinances. In those motions, the Board
indicated the intent to approve the tax rate of 85.8 cents per one hundred
dollars valuation. This is a revenue neutral tax rate for fiscal year 2009-10.
At this meeting the actions to be approved by the Board are given in a
series of attachments.
Attachment 1: Resolution of Intent to Adopt the 2009-10 Orange County
Budget
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to approve the Resolution of Intent to Adopt the
2009-10 Orange County Budget.
VOTE: UNANIMOUS
Attachment 2: Exchanges To Allow for Increased Funding for Library
Services
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to approve Exchanges To Allow for Increased
Funding for Library Services.
VOTE: UNANIMOUS
Attachment 3 — FY 2009-10 Budget Ordinance
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to approve the FY 2009-10 Budget Ordinance.
VOTE: UNANIMOUS
Attachment 4—Orange County Capital Project Ordinances
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to approve the Orange County Capital Project
Ordinances.
VOTE: UNANIMOUS
Attachment 5 — Orange County Grant Project Ordinances
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to approve the Orange County Grant Project
Ordinances.
VOTE: UNANIMOUS
Attachment 6 — FY 2009-10 County Fee Schedule
14
Commissioner Gordon said that the Board should approve the item and
direct the staff to review the fee schedules in place five years or more,
beginning with the fees in place for the longest time.
A motion was made by Commissioner Nelson, seconded by
Commissioner Gordon to approve the FY 2009-10 County Fee Schedule with
the amendment that the staff will review the fee schedules in place five years or
more, beginning with the fees in place for the longest time.
Commissioner Jacobs asked if the County Commissioners have seen all
of the fees before tonight and Donna Coffey said yes.
VOTE: UNANIMOUS
b. FY 2009-10 Personnel Ordinance Changes
The Board considered approving Personnel Ordinance changes for FY
2009-10.
A motion was made by Commissioner Nelson, seconded by
Commissioner Jacobs to approve the Personnel Ordinance changes.
VOTE: UNANIMOUS
Laura Blackmon said that they have been using the terminology of
"voluntary unpaid leave" in discussions, but in the ordinance, they are using the
terminology of "furlough". This term will be used for voluntary or mandatory
leave.
Commissioner Jacobs thanked Donna Coffey and staff.
The approved budget ordinance is included below.
Fiscal Year 2009-10
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption
15
There is hereby adopted the following operating budget for Orange County
for this fiscal year beginning July 1, 2009 and ending June 30, 2010,
the same being adopted by fund and activity, within each fund,
according to the following summary:
Fund Current Interfund Fund Balance Total
Revenue Transfer Appropriated Appropriation
General Fund $175,589,039; $2,000,000 $0 $177,589,039
Emergency Telephone Fund $501,227 $0 $0 $501,227
Fire Districts Fund $3,139,248;. $0 $6,000. $3,145,248
Section 8 (Housing) Fund $4,273,509 $81,511 $0 $4,355,020
Community Development
Fund $924,094;, $197,645 $0, $1,121,739
Efland Sewer Operating Fund $93,000 $119,900 $0 $212,900
Revaluation Fund $0 $101,000 $65,289. $166,289
.... .. .. .. .... .. .... .. ... .. .. .. ...... .......... .. .. .. ..... .. .. ..... ..... .. .. ....
Visitors Bureau Fund $941,691;, $0 $0,, $941,691
School Construction Impact
$1,800,000$0 $0
Fees Fund $1,800,000„ „
.... .. .. ... .. .. ......... .. ..... .. .. .. .......... .. .. ..... .. .. ....
Solid Waste/Landfill
Operations Enterprise Fund $8,370,145;„ $0 $745,952;„ $9,116,097
SportsPlex Enterprise Fund $2,305,735; $775,000 $0 $3,080,735
Section II. Appropriations
That for said fiscal year, there is hereby appropriated the following:
16
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
tion
Function Appropriation
............................................................................................................................................................... .... ........ .... ..........................................
General Fund
Governing and Management $8,682,901
General Services $13,222,124
Community and Environment $4,077,780
Human Services $33,414,481
Public Safety $16,956,475
Culture and Recreation $4,160,533
Education $63,048,729:
Debt Service $25,730,218
Transfers to Other Funds $8,295,798:
Total General Fund $177,589,039
l
Emergency Telephone System Fund
:.... .. ...... ........ .. .... ...................................................................................................................................................................................................................................................................................................................................................:
Public Safety $501,227
Total Emergency Telephone System Fund $501,227
Fire Districts
Cedar Grove $171 674
Chapel Hill $894
Damascus $45,564
Efland $303,230:
:..... .... .....
Eno $410,740
Little River $166,939
New Hope $320,467
Orange Grove $271,845
Orange Rural $637,888
South Orange $427 517:
........... .. .. ..............
Southern Triangle $166,109
White Cross $222,381
Total Fire Districts Fund $3,145,248
Section 8(Housing)Fund
Human Services $4,355,020
Total Section 8 Fund $4,355,020
Community Development Fund(Affordable Housing Program)
Human Services $172,375
Total Community Development Fund(Affordable Housing Program) $172,375
Community Development Fund(HOME Program)
Human Services $949,364
Total Community Development Fund $949,364
:................................................................................................................................................................................................................ .. .. .. .. .... .. .. .. .. ... ....:
Efland Sewer Operating Fund
General Services 900:
. ..
Total Efland Sewer Operating Fund $212,900
Revaluation Fund
General Services $166,289
Total Revaluation Fund $166,289
Visitors Bureau Fund
Community and Environment $941,691
Total Visitors Bureau Fund $941,691
School Construction Impact Fees
Transfers to Other Funds $1,800,000
Total School Construction Impact Fees Fund $1,800,000
Solid Waste/Landfill Operations Enterprise Fund
Solid Waste/Landfill Operations $9,116,097
Total Solid Waste/Landfill Operations $9,116,097
SportsPlex Enterprise Fund
Culture and Recreation $3,080,735
Total SportsPlex Enterprise Fund $3,080,735
17
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year
beginning July 1, 2009 and ending June 30, 2010, to meet the foregoing
appropriations:
18
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Function Appropriation
.General Fund
Property Tax i $130,571,195
:Sales Tax I $16,873,405
:Licenses&Permits i $288,000
Intergovernmental 1 $16,724,924
:Charges for Services i $9,698,897
Investment Earnings I $670,000
:Miscellaneous I $762,618
Transfers from Other Funds i $2,000,000
Appropriated Fund Balance I $0
Total General Fund: $177,589,039
Emergency Telephone System Fund
Charges for Services I $501,227
:Appropriated Fund Balance I $0
Total Emergency Telephone System Fund $501,227
:Fire Districts
Property Tax
$3,136,319
=Investment Earnings $2,929
........... .. .. .... ........ . .............
:Appropriated Fund Balance $6,000
Total Fire Districts Fund $3,145,248
Section 8(Housing)Fund
:Intergovernmental I $4,273,509
.Transfer from General Fund I $81,511
Total Section 8 Fund 1 $4,355,020
Community Development Fund(Affordable Housing Program)
Intergovernmental I $40,728
:Transfers from General Fund $131,647
Total Community Development Fund(Impact Fee Reimbursement Program)1 $172,375
Community Development Fund(HOME Program)
Intergovernmental i $883,366
=Transfers from General Fund $65,998
..... .... .. .. .... .. ...... .... ........
Total Community Development Fund(HOME Program): $949,364
:Efland Sewer Operating Fund
Charges for Services I $93,000
Transfers from General Fund $119,900
p...
Total Efland Sewer 0 eratin g Fund $212,900
:Revaluation Fund
Transfer from General Fund I $101,000
:Appropriated Fund Balance I $65,289
Total Revaluation Fund $166,289
:Visitors Bureau Fund
........... .... .... .. .... .. ...........................................................................................................................
;Occupancy Tax $799,691
;Sales&Fees I $2,000
Intergovernmental $130 000
Investment Earnings I $10,000
;Appropriated Fund Balance I $0.
. Total Visitors Bureau Fund. $941,691
:School Construction Impact Fees Fund
Impact Fees I $1,800,000.
Total School Construction Impact Fees Fund $1,800,000
.Solid Waste/Landfill Operations Enterprise Fund
:Sales&Fees $7,648,644
....... .. ...... . .. ..............
:Intergovernmental $549,501
:Miscellaneous $2,000
... .... .... .. .... . .............
Licenses&Permits $45,000
:Interest on Investments I $125,000
Transfers from Other Funds $0
..... .... .. .. .... .... ......
Appropriated.Reserves I $745,952
Total Solid Waste/Landfill Operations: $9,116,097
S ortsPlex Enterprise Fund
;Charges for Services i $2305,735.
Transfers from General Fund 000
p .... P
Total S ortsPlex Enterprise rise Fund $3,080,735
19
Section IV. Tax Rate Levy
There is hereby levied for the fiscal year 2009-10 a general county-wide tax rate
of 85.8 cents per$100 of assessed valuation. This rate shall be levied in the
General Fund. Special district tax rates are levied as follows:
Cedar Grove 6.36
Chapel Hill 2.16
Damascus 5.00
Efland 4.66
Eno 5.99
Little River 4.06
New Hope 5.70
Orange Grove 3.58
Orange Rural 5.36
South Orange 7.85
Southern Triangle 5.00
White Cross 6.00
Chapel Hill-Carrboro School District 18.84
Section V. General Fund Appropriations for Local School Districts
The following FY 2009-10 General Fund Appropriations for Chapel Hill
Carrboro City Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals
$58,508,208, and equates to a per pupil allocation of $3,096.
(1) The Current Expense appropriation to the Chapel Hill-Carrboro
City Schools is $36,303,696.
(2) The Current Expense appropriation to the Orange County
Schools is $22,204,512.
b) Recurring Capital appropriation for local school districts totals
$3,000,000
(1) The Recurring Capital appropriation to the Chapel Hill Carrboro
City Schools totals $1,861,467
(2) The Recurring Capital appropriation to the Orange County
Schools totals $1,138,533
c) Long-Range (Pay-As-You-Go) Capital appropriation for local school
districts totals $4,311,827
(1) The Long-Range (Pay-As-You-Go) Capital appropriation to the
Chapel Hill Carrboro City Schools totals $2,664,709
(2) The Long-Range (Pay-As-You-Go) Capital appropriation to the
Orange County Schools totals $1,647,118
20
d) School Related Debt Service for local school districts totals $18,616,833
e) Fair Funding appropriation for local school districts totals $988,000. This
appropriation is to be split 50/50 between Chapel Hill Carrboro City
Schools and Orange County Schools.
f) Additional County funding for local school districts totals $1,689,732
(1) School Health Nurses —Total appropriation of $617,732 with
$430,354 allocated for Chapel Hill Carrboro City Schools and
$187,378 allocated for Orange County Schools
(2) School Social Workers —Total appropriation of $572,000
allocated in the Department of Social Services to provide School
Social Workers to Orange County Schools
(3) School Resource Officers —Total appropriation of $500,000
allocated in the Sheriff's Department to provide School Resource
Officers to Orange County Schools
Section VI. Schedule B License
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of
the North Carolina State Statutes, and any other section of the General Statutes
so permitting, there are hereby levied privilege license taxes in the maximum
amount permitted on businesses, trades, occupations or professions which the
County is entitled to tax.
Section VII. Animal Licenses
A license costing $5 for sterilized dogs and sterilized cats is hereby levied. A
license for un-sterilized dogs and a license for un-sterilized cats is $30 per
animal.
Section VIII. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
• Salaries of County Commissioners will be adjusted by any cost of living
increase, any in-range salary increase and/or any other general increase
granted to permanent County employees. For fiscal year 2009-10, the
approved budget does not include any cost of living increase, any in-range
salary increase and/or any other general increase granted to permanent
County employees.
• Annual compensation for County Commissioners will include the County
contribution for health insurance, dental insurance and life insurance that is
provided for permanent County employees, provided the Commissioners are
21
eligible for this coverage under the insurance contracts and other contracts
affecting these benefits.
• County Commissioners' compensation includes eligibility to continue to
participate in the County health insurance at term end as provided below:
✓ If the County Commissioner has served less than two full terms in office
(less than eight years), the Commissioner may participate by paying the
full cost of such coverage. (If the Commissioner is age 65 or older,
Medicare becomes the primary insurer and group health insurance
ends.)
✓ If the County Commissioner has served two or more full terms in office
(eight years or more), the County makes the same contribution for health
insurance coverage that it makes for an employee who retires from
Orange County after 10 years service as a permanent employee. If the
Commissioner is age 65 or older, Medicare becomes the primary insurer
and group health insurance ends. The County makes the same
contribution for Medicare Supplement coverage that it makes for a
retired County employee with 10 years service.
✓ Annual compensation for Commissioners will include a County
contribution for each Commissioner to the Deferred Compensation (457)
Supplemental Retirement Plan that is the same as the County
contribution for non-law enforcement County employees to the State
401(k) plan.
Section IX. Budget Control
General Statutes of the State of North Carolina provide for budgetary control
measures to exist between a county and public school system. The statute
provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call
for, and the Board of Education shall have the duty to make available to
the Board of County Commissioners, upon request, all books, records,
audit reports, and other information bearing on the financial operation of
the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget
administration and review:
That upon adoption, each Board of Education will supply to the Board of
County Commissioners a detailed report of the budget showing all
appropriations by function and purpose, specifically to include funding
increases and new program funding. The Board of Education will
provide to the Board of County Commissioners a copy of the annual
22
audit, monthly financial reports, copies of all budget amendments
showing disbursements and use of local moneys granted to the Board of
Education by the Board of Commissioners.
Section X. Internal Service Fund- Dental Insurance Fund
The Dental Insurance Fund accounts for the receipt of premium payments from
the County for its employees and from the employees for their dependents, and
the payment of employee claims and administration expenses. Projected
receipts from the County and employees for 2009-10 are $ 394,631 and
projected expense for claims and administration for 2009-10 is $439,335. An
allocation of $44,704 will be made from reserves in the fund to balance.
Section XI. Encumbrances
Operating funds encumbered by the County as of June 30, 2009 are hereby re-
appropriated to this budget.
Section XII. Contractual Obligations
The County Manager is hereby authorized to execute contractual documents
under the following conditions:
1) The Manager may execute contracts for construction or repair
projects which do not require formal competitive bid procedures and
for which the amount to be expended does not exceed $25,000.
2) The Manager may execute contracts for general and/or professional
services which are within budgeted departmental appropriations, for
purchases of apparatus supplies and materials or equipment which
are within the budgeted departmental appropriations, and for leases
of personal property for a duration of one year or less and within
budgeted departmental appropriations for which the amount to be
expended does not exceed $25,000.
3) Contracts executed by the Manager shall be pre-audited by the
Finance Officer and reviewed by the County Attorney to ensure
compliance in form and sufficiency with North Carolina law.
This budget being duly adopted this 16th day of June 2009.
c. Solid Waste Transfer Station Site Search Process — Millhouse
Road Suggestion
23
The Board considered the preliminary evaluation of a Town of Chapel
Hill owned property on Millhouse Road as the possible location for the new
County solid waste transfer station.
Laura Blackmon said that on May 14th there was a work session with
Chapel Hill and Mayor Kevin Foy had mentioned this site.
Solid Waste Director Gayle Wilson said that at the May 14th meeting, the
staff was urged to revisit some of the assumptions in the hauling analysis. The
County staff immediately met with the Town staff and there were minor
adjustments made to the analysis. One was over the 20-year life of the landfill
to assume that there would be two additional routes created. The staff also
revisited the analysis of the mileage to each of the sites. Regarding the
emissions, this added some additional costs to the hauling. Also, the annual
operating hauling costs have been updated. The additional costs of hauling to
the NC 54 Transfer Station, as compared to the current hauling situation at the
landfill, is about $63,000 in additional funds.
Bob Sallach from Olver, Inc. made the presentation on the Town of
Chapel Hill property on Millhouse Road.
The Millhouse Road site was originally considered when the sites were
pared down to 243 potential sites. It was not ranked among the top ten potential
sites at that time. One of the things that affected its ranking was its poor
access. The Town suggested that the access be through the Town Operations
Center to the site. Going back to the siting process, this site has been ranked
with respect to the ten sites that have been considered as potential sites. This
site would rank relatively high from the standpoint of technical ranking and
adequacy. It ranks third out of the 11 sites. From the standpoint of utilities,
there is public water and sewer on the property. Regarding stream buffers and
wetlands, he said that the existing streams and buffers, there would be minimal
impact on those streams.
A Phase I Environmental Assessment was completed by the Town for a
portion of the site.
There is a bridge and an access road and there would have to be an
agreement for use of this.
Commissioner Pelissier asked about the exact line of the rural buffer
delineation. Bob Sallach showed this line on the screen. He said that there is a
stream that bisects the property.
Commissioner Gordon said that when the SWAB deliberated, they
mentioned that the older part of Millhouse Road is a very rural piece of property.
She said that the SWAB said that there should be some type of mechanism to
keep large trucks at bay off of the rural roads.
PUBLIC COMMENT:
Nancy Tennisson was representing the Orange County Organizing
Committee, which is a multiple issue, broad-based community organization
working to improve the lives of ordinary people of Orange County. The
committee is composed and supported by 25 religious congregations and non-
profit organizations. She said that Orange County is usually a leader in terms of
24
compassion. She said that representatives of OCOC are here tonight to urge
the Board of County Commissioners to become a more proactive partner in the
search for a long-term solution to Orange County's waste disposal problem that
will truly reflect the values of a diverse community that the County
Commissioners represent. She said that OCOC does not feel that there is a
viable solution with either the Millhouse Road or the Hwy 54 site. She said that
governments all over the country are dealing with the problem of what to do with
trash. She commended the Solid Waste department for innovative programs
that reduce trash in the landfill, which has extended the life of the landfill. She
said that there is now an extra year before the landfill will close. She urged the
County Commissioners to use this gift of time to think about long-term and
strategic ways to find a solution to the waste in Orange County.
Kathy Kaufman also spoke for Orange County Organizing Committee.
She said that OCOC urges the County Commissioners to reexamine the
assumption that building a transfer station is the best long-term solution to
dealing with waste. She asked the Board to look again at possible partnerships
with Durham and Chatham Counties, or other partners including UNC and
Carolina North. The County Commissioners should resist the temptation to back
track on the commitment made to the Rogers Road community and to split hairs
on whether the Millhouse Road site is in their neighborhood.
Robert Long lives 2,000 feet from the proposed site. He invited
everyone in the audience that supports taking Millhouse Road off the discussion
list to stand. He said that the Millhouse Road neighborhood has been
historically linked to the Eubanks Road and Rogers Road communities for
generations prior to the construction of the current landfill. Prior to the landfill,
there was no physical division between these neighborhoods. He said that
there are 50 families that live between the two railroad crossings on Millhouse
Road. He said that there are people here that were part of the landfill protest 30
years ago. He said that there was a promise that the landfill would be closed in
the mid-1990's and it is still in operation. The neighborhood was also told that
there would be no increase in traffic from the Town Operations Center, but the
traffic continues to increase. The neighborhood was also told that the northern
portion of the Town Operations Center site would be used for a park and
walking trails, and now it is being considered as a solid waste transfer center.
He asked the Board to consider the situation more fully.
Jamie Cox is an attorney in Raleigh and a resident of Hillsborough. He
represents property owners on Millhouse Road, considered the Greater Rogers
Road Community. He said that he is disappointed that he has to speak to the
Board about this because he thought that this was taken care of and that this
site was out of consideration. He spoke about the technical issues that were
glossed over in the consultant's report. He said that the rating for this site is
either incorrect, arbitrary, or intentionally misleading. He said that he was
alarmed that the environmental justice issue, which the County reports to be of
primary concern with respect to this site selection process, was scarcely
mentioned in the report at all. He said that whether or not this site is within the
Rogers Road area is irrelevant because the law requires the County to look at
the impact of the proposed transfer station. This impact will unquestionably be
negative to the Rogers Road community. He said that there is also no mention
of the rural buffer and the effects of this facility on the rural buffer. This type of
industrial use is inappropriate in the rural buffer. He said that the pressing thing
25
is that the use by right is a question in this scenario. The ordinance has a
specific provision that a transfer station owned and operated by a public agency
should have frontage on a public or a state-maintained road. This site does not
have frontage on any public road and the access is not via public road at all. He
thinks that it is a stretch to consider 1-40 frontage since it is a restricted access
highway and there will be no interaction between the transportation system and
the site. He does not think that this is a use by right in the rural buffer zoning
district and he would rate the site much lower. He also thinks that it is erroneous
to assume that policy will prevent heavy trucks from operating in Millhouse
Road. He said that this site would require some sort of on-site water and septic
system, which is not allowed in the rural buffer. He distributed a letter to the
Board.
Charles Viles, Vice President of Emerson Waldorf School Board of
Directors, read a letter.
"Dear Board of County Commissioners,
As you all know, the Emerson Waldorf School campus is directly
adjacent to the Millhouse Road site. Our school garden is less than 100 yards
from the property border and only 200 yards from the footprint of the Waste
Transfer Station as depicted in the Site Evaluation Report you have received
tonight. Our playing field is less than a quarter mile distant from the WTS
footprint.
On May 191h, we registered our deep concern and opposition to siting the
WTS on Millhouse Road, noting traffic and safety issues, potential
environmental problems, and fundamental issues of fairness to the larger
neighborhood.
Now, a month later, we have the preliminary site evaluation in front of us.
It is no surprise that this site has been ranked highly along technical criteria.
However, we are dismayed to find that the report characterizes the site as "mid-
range" along community specific criteria. Further, there is no justification or
explanation given for the site ranking based on these very important guidelines.
As one example, how is it that a site that is directly adjacent to a school with 260
children could be given a 4 out of 10 raw score along the specific criteria
`proximity to schools, churches, and recreation sites?' The lack of any kind of
rationale along these subjective guidelines is quite troubling.
If we examine the site selection process in large, the last minute injection
of a site that was previously discarded raises many questions — `why are we not
reexamining the entire set of 232 sites that were discarded to come up with the
original top 10?' `What exactly is the process?' `When do those most deeply
affected by a WTS get to be heard by County staff and officials?'
Our concern and opposition to siting the Waste Transfer Station on
Millhouse Road remain unabated.
Some of you have walked our campus, seen the playing field and school
garden and its proximity to the Millhouse Road site. We invite each of you to
come out and walk this property and listen to our concerns. We will do our best
to arrange this in the coming months. On the ground, you will get a visceral feel
for what we are fighting for.
Sincerely,
26
Charles L. Viles, Ph. D."
David Caldwell said that Robert Campbell presented a packet showing
that Millhouse Road is a part of their community. He said that the resolution
acknowledges that Millhouse Road/Rogers Road/Eubanks Road/Jericho Road
neighborhood as one extended community. He said that the Chapel Hill and
Carrboro boundary divided the neighborhood. He said that the neighborhood is
all but totally destroyed, and if this facility is put up, there will be nothing left.
Neloa Jones said that she is saddened to be here to talk about Millhouse
Road. She said that the members of the community were invited to a meeting
by the Town of Chapel Hill to talk about the possibility of siting the transfer
station at Millhouse Road. The people who attended included Robert Campbell,
David Caldwell, Tim Bevers, James Stroud, and herself. They polled members
of the community and the Board received a copy of the letter. Everyone is
adamantly against any siting of a transfer station or any other solid waste facility
in the community anywhere. She said that she was surprised by the
consultant's analysis about the size of the property. She is so saddened by this
last minute move by the Town of Chapel Hill. She thinks that this is a move that
will serve the Town's own interests.
Kathy Schenley read a prepared statement.
"My name is Kathy Schenley. I built my house at 6714 Millhouse Road in
1981. My property abuts the TOC land and the proposed transfer station site. I
will try to be brief.
I cannot understand the Commissioners' continued refusal to recognize
our neighborhood as a part of the greater Rogers Road community. The people
who reside on Rogers Road proper have told you this themselves. Millhouse
Road (properly Mill House) was named for the old mill (now Neil Kirschner's
home) where locals had their grain processed. Folks from the community had
their horses shod and hoes sharpened at the blacksmith's shop across the road.
Our ties go way back. We should be excluded from consideration —this was
promised to members of the Rogers Road community—which we are.
That said, I must take issue with Olver's analysis of various criteria
regarding site 744. Their report states that there is `adequate screening and
buffer along the railroad.' Not so. The dense trees that used to be there were
cut down for the TOC. What remains are scrubby pines — and not many of
them. The interstate noise is constant. I did not see noise addressed in the
analysis. Garbage trucks and diesel trucks create noise in the 90-100 decibel
range. Exposure to 91 decibels for 2 hours causes permanent hearing loss.
Olver states that access is `compatible with current traffic patterns.' Excuse me?
Have you tried to access 1-40 from Eubanks Road during morning and evening
rush hour? Ask the UPS folks about the difficulty of making a left turn on
Eubanks Road at any time of day. I could go on — but I want to be sure you
notice how many times in this report the words `appear to be' are used. I realize
this report is preliminary, but there seem to be too many assumptions being
made. I am also concerned that technical criteria seem to be carrying more
weight than community concerns. Is that the kind of county we are?
Finally, I ask you to think about what expenses will be incurred if you
proceed with further analysis of site 744. All of the environmental analyses,
traffic surveys, zoning issues, etc. will have to be done. These are already
finished for site 056. Look at what you've already done. You picked a site, you
27
had the analysis done, the public had a chance to speak (at least 7 times over
the last year and a half), everything looked good.
If Mayor Foy had never mentioned this land, your work on this process
would be winding to a halt, and construction would be in the planning stages.
You picked a site — it will work. Vote for site 056 and let's get this over with —
finally."
Sierra Houck read a prepared statement from the Sierra Club.
"Dear Orange County Commissioners,
The Orange Chatham Sierra Club Group remains concerned about the disposal
of solid waste. We applaud the efforts to reduce, reuse and recycle. We were
pleased that the county used the new criteria and determined that the Rogers
Road community should not be the site of a solid waste transfer station.
However, we are concerned about the proposal to site the solid waste transfer
station west of Carrboro on NC54. It does not seem to meet the criteria which
we and others suggested for a transfer station. It is not near a railroad or a
major interstate highway. The proposed site appears to be almost entirely
deciduous forest. It appears to include wetland. It contains the headwaters
which feed into nearby streams with threatened or endangered aquatic species.
It is a large rather than small parcel of land which would mean more loss of
habitat. It is near the maximum travel distance so would involve more travel than
other potential sites. Fortunately, the landfill is not filling as fast as projected so
the county has more time to find better solutions.
Sincerely,
Mr. Loren Hintz
Co-Chair OCSCG"
Wilson Lamb said that he bought land about 20 years ago in Orange
County to move to the country. He said that he had to resurvey his whole
property and go through the subdivision regulations in order to give five acres to
his son. He said that if the County is going into the rural buffer zone and if it is
going to put a waste transfer station here, it needs to review all of its zoning
regulations and procedures.
Ed Garvey pointed out something on a map and said that the garden at
Emerson Waldorf School is an organic tool that is used to teach the children
sustainability and respect for the land. He asked the County Commissioners to
look at this and ask themselves if this makes sense.
Cecil Griffin said that the people in this community are not evil people
that need to be dumped upon. He said that they are common, everyday people
with desires to be able to live within guidelines given by the government and not
be infringed upon. He said that they have smelled garbage for a long time and
they have heard the noise of a landfill for a long time.
Mark Hulbert is on the Board Emerson Waldorf School and is a father of
three daughters that go to this school. He said that he moved to this community
from Washington, DC for this particular school because of where this school is
in Orange County. They knew about the rural buffer before they moved and it is
not an arbitrary thing. He said that they were told about how good Orange
28
County is in protecting the buffer. He said that a transfer station on Millhouse
Road would hurt this school. He said that there are other sites on the top ten
that are closer to where his family lives and he would choose those over this
site. He said that there are children ages 3 through 12th grade crossing
Millhouse Road to go to the garden and the playing fields and having garbage
trucks on this road would be dangerous.
Kevin Reilly said that he has lived here for 17 years and the TOC has
been built as well as an elementary school and an animal shelter. He said that
all of this will contribute to the traffic on their road. He said that there are trucks
on the old Millhouse Road even though they are not supposed to be.
Stella Mandeville said that she attends Emerson Waldorf School and she
gardens and they sell the vegetables for money for their class trip. She said
that if anything were to get in the vegetables, the school might be blamed for
people getting hurt.
Georg Buehler is on the Board of Emerson Waldorf School and his
children attend this school. He said that they moved to this area for this school.
He also lives very close to the proposed site on NC 54. He would rather have a
transfer station site near his home than near to this school.
Stan Cheron read a prepared statement on behalf of Yonni Chapman:
"I'm unable to attend tonight's meeting to present my letter in person.
Please include it in the official transcript and, if possible, read it out loud at the
meeting.
Thanks,
Dr. John K. (Yonni) Chapman
Orange County Board of County Commissioners:
Members of RENA/CEER, HKonJ, and the NAACP will, no doubt, speak
eloquently tonight about the reasons why considering the Millhouse Road site
for the Waste Transfer Station betrays both the letter and the spirit of the
decision not to place a WTS in the Rogers/Eubanks Community. I well
remember that members of the Millhouse Road area were active participants in
RENA/CEER meetings in recent years.
The BOCC made a wise and courageous stand for environmental justice when it
took the Rogers/Eubanks community off the table for siting a Waste Transfer
Station. Clearly, prior to the high profile protests of the landfill neighbors, this
had been the path of least resistance favored by the county staff and various
power brokers in our community. Even so, the political pressure has been
powerful and persistent to induce the commissioners and the landfill neighbors
to accept a WTS in the Rogers/Eubanks community. Such are the power
relations that perpetuate environmental racism and injustice.
If there is a decision by the BOCC now to site the WTS on Millhouse Road, you
will be responsible for a tremendous setback to environmental justice.
In particular, I call your attention to a revealing dynamic concerning the WTS
that has recently unfolded. Not long ago, Kevin Foy, mayor of Chapel Hill,
29
floated the idea of placing the Waste Transfer Station on Millhouse Road,
claiming that this area was outside the Rogers/Eubanks community. Historically,
that is a false claim. In any case, the media and others vigorously promoted
Foy's suggestion. In May, the Town of Chapel Hill Sustainability Committee
made a formal recommendation to the Council (May 11, 2009) that the
town/university "Super Committee" negotiating a development plan for Carolina
North consider placing the Waste Transfer Station at Carolina North. As you all
know, the BOCC placed this very issue before the university, perhaps a year
ago. Although the Council accepted the Sustainability Committee's
recommendations, the WTS recommendation was never discussed by the
Super Committee. The media never promoted discussion of this alternative,
which could have been a "win win" situation for both the university and
environmental justice. In short, the recommendation of a town advisory board to
consider the possibility of placing the WTS at Carolina North gained no traction,
while Kevin Foy's suggestion did.
Foy's idea represents the path of least resistance to existing power relations in
Orange County. Acquiescence to the path of least resistance always results in
placing the burden for landfills and other unhealthy developments on relatively
disenfranchised people, i.e. working class people of color, in this case the
Rogers/Eubanks community. That is how institutional, systemic racism, works.
Please stay strong for environmental justice and the families of the
Rogers/Eubanks community.
Dr. John K. (Yonni) Chapman"
Robert Dawson said that the systematic destruction and devaluation
over time by County and City officials, was first started decades ago. He said
that his great-great grandfather lived on Millhouse Road. His great-grandfather
built a house and his daughter now owns the land that it is on. She would be
the sixth generation landowner that has watched while the government has
systematically put the landfill there. He said that the Town of Chapel Hill has
been buying up his family's land since the landfill started. He asked the County
Commissioners to listen to the people because this is a serious matter.
Will Raymond is a citizen of Chapel Hill. He said that he hopes that the
County Commissioners are working on a plan B if NC 54 fails. In terms of
Millhouse Road, he said that the evaluation leans heavily on the centroid of
population. He said that the centroid still does not incorporate Buckhorn Village
and other large developments that are north of Chapel Hill. He said that it does
not include the rapid growth east of Mebane or west of Durham County. He said
that he was involved in the small area task force for Rogers Road and the
citizens describe Millhouse Road as part of that community. He said that
Emerson Waldorf has been good stewards of the land and he wonders about
the statement that there would be minimal impact from the transfer station. He
said that it does not make sense that this site passes the criteria, and he helped
create this criterion. He said that the Mayor made this suggestion as an
individual and the Town Council has not signed off on it and a number of
Council members have said that they are surprised and they are not interested.
30
Commissioner Nelson made reference to the rail not being an
appropriate use for transporting garbage. He asked the staff to check into
whether that was correct.
Commissioner Nelson said that the County Commissioners have not
heard officially from Chapel Hill if this is a real offer. He said that, regarding the
technical criteria, this is a good site and the Eubanks Road site is a good site.
He said that the questions that remain for him are moral and ethical in nature.
The first issue is one of transparency. He said that the process has been very
transparent and where it got off track was this last-minute offer. This
undermines the reason that the County Commissioners re-launched the
process, which was to create a new process that was transparent. He said that
when the idea came up from Chapel Hill, the residents were told that if they did
not agree with this choice, then the Town would back off. He said that he
confirmed this with someone from the Town of Chapel Hill. He said that, given
the history of this issue and the perception of broken promises, he had hoped
that the County Commissioners could rebuild some trust with citizens. He said
that now the trust has been broken by the Town of Chapel Hill.
A motion was made by Commissioner Yuhasz, seconded by
Commissioner Hemminger to approve the Manager's recommendation:
1) Receive the preliminary information provided by staff and Olver, Inc.
regarding the technical suitability of Town of Chapel Hill owned Millhouse
Road site for the Solid Waste Transfer Station
2) Authorize the Chair to sign the attached draft letter to the Mayor
requesting Town Council consideration of officially offering the Millhouse
Road site to the County for formal consideration by the BOCC as an
alternative location for the Solid Waste Transfer Station.
3) Pending confirmation of an official offer of the site by the Town of
Chapel Hill, direct Olver, Inc. in conjunction with County staff to convene
and conduct an information and education session for the community
impacted by the Millhouse Road site proposal during the summer break,
and return with those findings at the meeting on August 18, 2009.
Chair Foushee said that Commissioner Nelson's comments are factual
and it was indicated by the Town that if the residents did not want this, then this
offer would be off the table.
VOTE: Ayes, 4; Nays, 3 (Chair Foushee, Commissioner Nelson, Commissioner
Gordon)
d. Heritage Center Work Group Charge and Composition
The Board considered establishing the charge and formalizing
composition of the Heritage Center Work Group as follow up to the May 5, 2009
Board meeting.
Library Services Director Lucinda Munger said that on May 51h the Board
of County Commissioners charged the staff to convene a work group to discuss
the charge and composition of this work group. She said that they are looking
31
for more ethnic diversity, especially in terms of American Indian, African
American, and Hispanic cultures. She is also looking for a community leader
with organizational experience, historical interest and expertise, and skills of a
facilitator to lead the group. All parties are interested and committed in making
sure that this is an open process where all partners will share their vision,
definition, and expectations of a Heritage Center. This is especially true of
Barbara Baker, who has agreed to facilitate the group. The group will meet
within the next few weeks and will report to the Board in the fall, sometime in
October, before the vote on the CIP.
Commissioner Jacobs asked that the Register of Deeds be invited.
Lucinda Munger said that she would be invited after the initial meeting.
Commissioner Jacobs made reference to the third page, Organization
and Administration, and part of the discussion is going to be the pros and cons
of different organizational structures. Lucinda Munger said that this will be part
of the discussion process.
PUBLIC COMMENT:
Elizabeth Read, Executive Director of the Alliance for Historic
Hillsborough, said that they are in full support of exploring the future of the
Heritage Center. She said that the agenda item abstract stated that the
Heritage Center was not a core function of the library. She said that they
believe that it is premature to remove the Heritage Center discussion out from
under the umbrella of the library system before the work group meets. They are
willing to discuss the pros and cons of all possible options.
A motion was made by Commissioner Gordon, seconded by
Commissioner Hemminger to adopt the proposed Charge and Composition of
the Heritage Center Work Group with an understanding that this action does not
obligate the County to assume ownership or financial support of such an
enterprise.
Commissioner Jacobs thanked staff for thorough information and for
inviting partners from Chapel Hill.
Commissioner Nelson said that he hoped this group will be open to all
ideas, a standalone center or part of the library. He thinks that this would get off
the ground quicker as a standalone non-profit.
VOTE: UNANIMOUS
e. Capital Project Ordinance Amendments
The Board considered approving amendments to capital project
ordinances for projects which exceed the current project ordinance
appropriations and to make other corrections to the capital project ordinances as
described.
Laura Blackmon made reference to the pink sheets which included a
revised abstract (rose sheet) incorporating the CHCCS Capital Project
Ordinance (light pink sheet- Attachment 2-d) and Lands Legacy Capital Project
Ordinance (Attachment 2-dd- rose sheet). She said that Commissioner Gordon
had asked that the Lands Legacy Capital Project Ordinance be added for
consideration for the additional funding from the alternative financing that was
approved in April.
32
Financial Services Director Gary Humphreys said that the rose sheets (
revised abstract and Attachment 2-dd) are revised because there were some
typographical errors and other minor changes. He said that the main purposes
of the capital project ordinances, sections 1 and 2, are to cover projects that
need additional money because they were over budget.
Commissioner Hemminger said that there is still disagreement with the
school system about some of these numbers. She said that it is time to close
the accounts out.
Gary Humphreys said that the numbers of the sales tax were discussed
with the school board and there was agreement.
Commissioner Gordon said that she wrote two memos that she wants to
enter into the record. She said that she talked with Laura Blackmon about the
possible motion that has to do with a substitution of alternative financing for
certain projects. Because of that discussion, she changed the second bullet of
the motion. The two memos are included below. The first memo is shown as
submitted by Commissioner Gordon. The second memo shows what
Commissioner Gordon wrote in regular type, with comments given by Gary
Humphreys in italics.
MEMORANDUM
To: BOCC and Manager
From: Alice Gordon
Subject: 2001 Bonds and Item 6-2e
Date: June 16, 2009
Copies to Frank Clifton, Greg Wilder, Donna Baker, Gary Humphreys, Donna
Coffey, David Stancil, John Roberts
I have two points to make about the 2001 bonds in this memorandum. They are
related to item 6-2e, Capital Project Ordinance Amendments, on tonight's
agenda.
(1) To follow up on a question asked by Commissioner Yuhasz, I believe that
the BOCC should make a formal statement acknowledging the substitution of
alternative financing for approved 2001 bond financing. Perhaps something like
the following would be appropriate:
The Board of County Commissioners (BOCC) has authorized the substitution of
alternative financing for certain projects approved by the voters in the 2001
bond referendum. However, if in the future it is more advantageous to issue the
remaining $2.7 million debt as general obligation bonds, the County will have
the ability to do that if the action is first approved by the BOCC.
(2) I believe that if the voters approved a certain dollar amount for a project, we
should keep our commitment to them and appropriate that amount to that
project rather than some other project.
In at least one capital project ordinance under 6-2e that does not seem to be the
case.
33
For Attachment 2j - Efland Cheeks Park:
Sec. 3 - The amendment shows an additional $111,636 from the 2001 bonds,
over and above the $250,000 already shown for 2001 bonds. However, the
2001 bond amount for this project was $250,000 (according to the original bond
brochure). Therefore why are we allocating more 2001 bond funds, and which
2001 bond project may be therefore losing funds?
For your information, I have attached the 2001 Bond brochure, which gives the
amount and purpose for each of the projects. The SUMMARY of all the projects
is given on the LAST PAGE of the attachment, on the stand alone information
sheet.
Attachment: 2001 Bond Brochure and a stand alone Information Sheet.
The brochure was 11 x 17. The inside, which was one large page, has been cut
in half to print.
MEMORANDUM
To: BOCC and Manager
From: Alice Gordon
Re: Questions and Comments from Alice Gordon Concerning
Agenda Item 6-2e - Capital Project Ordinance Amendments
Date: June 16, 2009
Here are the questions and comments I will be making with respect to item 6-2e.
CAPITAL PROJECT ORDINANCE AMENDMENTS
A. Section 1 - School Capital Project Fund Projects Over Budget
Att. 2b - Playground Protective Surfaces
Sec. 1 states the revenue is from Schools PAYG, but Sec. 3 shows transfers
from the General Fund. Please explain.
Att. 2d — Chapel Hill Carrboro High School System Capital Project Ordinance
Sec. 4 - There is no dollar amount entered for FY 2008-09 for Construction.
Attachment 2d fixes this.
B. Section 2 - County Capital Project Fund Projects Over Budget
Att. 2g - Durham Technical Community College
Sec. 1 - Were the grant funds that were not available CMAQ funds? If so, we
need to make sure that they will not be available in the future.
Even if the funds come to Orange County, it is too late, because it cannot be
reimbursed.
34
Sec. 6 - Until we are clear about which grant funds were not available, and
whether they will still be forthcoming, we should NOT CLOSE the project.
Att. 2j - Efland Cheeks Park (Already noted by me previously)
Sec. 3 - The amendment shows an additional $111,636 from the 2001 bonds,
over and above the $250,000 already shown for 2001 bonds. However, the
2001 bonds for this project were $250,000 (according to the original bond
brochure). Therefore why are we allocating more 2001 bond funds, and which
2001 bond project is therefore losing funds?
Gary Humphreys'answer was no and that this was interest money.
Sec. 6 - As long as questions about the 2001 bond allocations remain, we
should NOT CLOSE this project.
Att. 2n - Sportsplex
Sec. 1 states that funds are for the Justice Center additions, but this is the
Sportsplex project.
Sec. 4 - What are the "Swimming Pool Contrib"?
Att. 2p - Greenways
Sections 1, 3, and 4 are not clear to me with respect to the transfer of 2001
bond funds. Please explain the actions taken and the reasons for those
actions.
A capital project ordinance was adopted June 2007 authorizing these transfers.
The funds are transferred to those projects for the purpose of paying for
greenways in these parks.
Att. 2u - Animal Services Facility
Sec. 3 and Sec. 4
Why does this project use FY2008-09 and FY2009-10 dates when most of the
other projects use the dates one year earlier, namely, FY2007-08 and FY2008-
09? Shouldn't this project also have the earlier dates, especially as we are
making the two amendments in FY2008-09 to update the projects for this fiscal
year?
There is a capital project ordinance that was adopted on June 2, 2009 that
showed the 2008-09 balance, and appropriated sales tax reimbursement, which
will be received in 2009-10.
Att. 2v - Justice Center
Sec. 3 and Sec.4 - Same question about the dates as for the Animal Services
Facility.
There is a capital project ordinance that was adopted on June 2, 2009 that
showed the 2008-09 balance, and appropriated sales tax reimbursement, which
will be received in 2009-10.
35
C. Section 3 - Appropriation of Funds from April Alternative Financing
Att. 2z - Southern Community Park
Sec. 3 - The revenue amounts stated here should be reconciled with
amendments shown for the Greenways project, as appropriate.
It is in agreement, and the amendment is to correct the source of funds so that it
shows that it was 2001 bonds.
Att. 2aa - Cedar Grove Park
Sec. 3 - Shouldn't the $500,000 revenue "from other projects" be revenue from
"2001 bonds?
In previous capital project ordinances, it is shown that transfer from other
projects in this ordinance eliminates that. The alternative financing replaces the
2001 bond funding that was to be used for this project.
GENERAL COMMENTS
A. Comments on capital ordinances in Sections 1, 2, 3 of the agenda materials
1. Correct any typos in the text of the ordinances.
2. Adopt a standard format for all capital project ordinances.
3. Make sure that for all capital project ordinances where it is applicable, the
following sentence, or similar wording, is included in Section 1:
"Alternate financing has been issued in place of 2001 bond funds."
B. Comments on the proposed Capital Project Monitoring and Administrative
Procedures
Follow all of the procedures in Section 1 and apply them to the ordinances
being considered, with particular attention to eliminating the use of the terms
"Transfer to Other Project" and Transfer from Other Project"
POSSIBLE MOTION
1. Approve the amended capital project ordinances, as revised by the
Commissioners during their discussion. This means that it is the capital project
ordinances themselves that are being approved, and not the text explaining the
ordinances in other parts of the agenda materials.
2. Approve the following statement with respect to the relationship of the 2001
bonds and alternative financing:
The Board of County Commissioners (BOCC) has authorized the substitution of
alternative financing for certain projects approved by the voters in the 2001
bond referendum. In the future the remaining $2.7 million debt may be issued
36
as general obligation bonds, or as alternative financing.
3. Provide to the BOCC in the fall, preferably in September 2009, a status report
on the 2001 bond projects, including the amount of 2001 bond funds (or
substituted alternative financing) that was spent on each project.
4. Adopt the "Capital Project Monitoring and Administrative Procedures" in
principle and provide the two school systems with an opportunity to comment.
TWO ADDITIONAL POINTS
Commissioner Gordon made two additional points about the capital project
ordinances.
A. The Lands Legacy capital project ordinance was added to the agenda.
Commissioner Gordon noted that the Lands Legacy capital project ordinance
was added to the agenda for this item, and therefore that ordinance should be
included in the ones that are approved.
See the dark pink sheet that had the revised agenda item along with the
ordinance.
B. Gary Humphreys provided answers to questions in the second memo (6-2e).
Commissioner Gordon also noted that the Commissioners received an email
from Gary Humphreys giving answers to questions in her second memo, and
she read some of the answers into the record.
Commissioner Jacobs said that at the meeting in May he raised a
question about the School Capital Reserve Fund, which Gary Humphreys was
not clear about—what it was, where the money came from, and what its original
purpose had been.
Gary Humphreys said it has been budgeted for construction and a lot of
other different purposes in the past. Some of it was transferred back to the
general fund.
Commissioner Jacobs asked for staff to go through and find when the
fund was started and history and how it was used and if it is necessary in 2009-
10.
A motion was made by Commissioner Gordon, seconded by
Commissioner Nelson to:
1. Approve the amended capital project ordinances, as revised by the
Commissioners during their discussion. This means that it is the capital project
ordinances themselves that are being approved, and not the text explaining the
ordinances in other parts of the agenda materials.
2. Approve the following statement with respect to the relationship of the 2001
bonds and alternative financing:
37
The Board of County Commissioners (BOCC) has authorized the substitution of
alternative financing for certain projects approved by the voters in the 2001
bond referendum. In the future the remaining $2.7 million debt may be issued
as general obligation bonds, or as alternative financing.
3. Provide to the BOCC in the fall, preferably in September 2009, a status report
on the 2001 bond projects, including the amount of 2001 bond funds (or
substituted alternative financing) that was spent on each project.
4. Adopt the "Capital Project Monitoring and Administrative Procedures" in
principle and provide the two school systems with an opportunity to comment.
5. Direct staff to make a report on the School Capital Reserve Fund, including a
definition of what it is and the history of its use.
VOTE: UNANIMOUS
Commissioner Pelissier said that some of the issues raised by
Commissioner Gordon show that the Board needs to get the history of
ordinances in the future so that they can be tracked.
Laura Blackmon said that the Interim Manager has recommended that
ordinances and resolutions be numbered for future tracking purposes.
7. Reports: NONE
8. Board Comments
Commissioner Jacobs made reference to his memorandum regarding
presentation at the NCACC Convention. He is requesting Board support for an
effort to work with staff to do a presentation on the Orange County Sustainability
Efforts at the NCACC Convention.
TO: Orange County Board of Commissioners
FROM: Barry Jacobs
RE: Presentation at NCACC Convention
I request Board support for an effort to share information about Orange
County's sustainability efforts at August's NCACC convention. We have been
invited to make a presentation that encourages others to use innovative
approaches to promoting sustainability. The subject matter tentatively
suggested would include practices used in construction of new buildings,
including schools; our Environmental Responsibility goals; and the County's
C&D recycling ordinance and electronics recycling.
This would require participation by staff members from Purchasing
(Asset Management), ERCD, Solid Waste, and perhaps the Manager's Office,
at least to provide information and guidance and perhaps to participate in the
presentation. I will gladly take responsibility for organizing this effort.
38
The BOCC Chair and Interim Manager will be kept informed as
discussions proceed. I trust that comment from BOCC members would be
solicited once an initial approach was chosen.
A motion was made by Commissioner Jacobs, seconded by
Commissioner Nelson to approve the above process.
VOTE: UNANIMOUS
Commissioner Jacobs congratulated Jon Wilner, who just stepped
down as ArtsCenter Director. He suggested doing a resolution this summer in
appreciation because he has been an advocate for the arts in Orange County.
Commissioner Pelissier said that at the HSAC's last two meetings, they
discussed their role and she shared with them that one of the Board's priorities
was to review the functions of all advisory boards. She said that some of the
members wanted to know if they should wait for the Board of Commissioners'
direction about the role.
A motion was made by Commissioner Pelissier, seconded by Chair
Foushee that the Human Services Advisory Committee continue its discussion
on its mission over the summer and not wait for direction from the Board before
the summer break.
VOTE: UNANMOUS
Commissioner Yuhasz said that he is disappointed during the budget
process because one of the priorities of the Board identified in early January
was for Economic Development. He asked that this be added to the discussion
list to look at some of the pay-as-you-go allocations being shifted to an
economic development investment.
The Board agreed to add this to the discussion list.
Commissioner Gordon said that the Commission for the Environment
has announced that the Environmental Summit will be September 12th by the
Botanical Garden Center. The State of the Environment Report will be released
a little before that time.
Commissioner Gordon wished Laura Blackmon well.
Commissioner Gordon welcomed the Interim Manager Frank Clifton.
9. County Manager's Report
Laura Blackmon said that she will think fondly of Orange County and
these years have been a good experience professionally.
10. Appointments
a. Chatham/Orange Joint Planning Task Force — New
Appointments
The Board considered making appointments to the Chatham/Orange
Joint Planning Task Force.
A motion was made by Commissioner Gordon, seconded by
Commissioner Jacobs to appoint the following to the Chatham/Orange Joint
Planning Task Force.
39
Chatham/Orange Joint Planning Task Member Name
Force
Chatham County Elected Official George Lucier
Chatham County Elected Official Sally Kost
Orange County Elected Official Bernadette Pelissier
Orange County Elected Official Alice Gordon
Town of Pittsboro Elected Official Randy Voller
Town of Pittsboro Elected Official Hugh Harrington
Town of Chapel Hill Elected Official
Town of Chapel Hill Elected Official
Town of Carrboro Elected Official Mark Chilton
Town of Carrboro Elected Official
Town of Hillsborough Elected Official Eric Hallman
Town of Hillsborough Elected Official Tom Stevens
UNC (issue participant) Carolyn Efland
OWASA (issue participant) Randolph Kabrick
Triangle Transit Jonathan Parker
VOTE: UNANIMOUS
Commissioner Jacobs pointed out that the Board needs to see a charge
for this work group.
b. Orange County Housing Authority— New Appointments
The Board considered making new appointments to the Orange County
Housing Authority Board.
A motion was made by Commissioner Nelson, seconded by
Commissioner Hemminger to appoint James O. Anderson, Jean Bolduc, Andrew
Davenport, Martha Hoylman, and Jabrina Robinson; and additionally, Tara L.
Fikes and Patricia Muhammed.
VOTE: UNANIMOUS
c. Orange County Planning Board — New Appointment
The Board considered making a new appointment to the Orange County
Planning Board.
A motion was made by Commissioner Gordon, seconded by
Commissioner Nelson to appoint May Becker to position #12, At-Large, with a
term expiring March 31, 2011.
VOTE: UNANIMOUS
11. Information Items
• Orange County Landfill Capacity
• H1N1 Novel Influenza Virus Response
• Farmland Preservation Plan Update
• ABC Report
• Update: Orange County Public Library and Chapel Hill Public Library
Collaboration Meetings
40
• Status of HS Bus Route in Chapel Hill
12. Closed Session-NONE
13. Adjournment
A motion was made by Commissioner Hemminger, seconded by
Commissioner Nelson to adjourn the meeting at 10:08 p.m.
VOTE: UNANIMOUS
Valerie Foushee,
Chair
Donna S. Baker, CMC
Clerk to the Board